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RE North Lake (6)I’ll respond to their points though it seems clear that this gives them all the ammunition they need to not agree to any physical modifications to allow the water through the property without affecting their phase 1 work. a) It is legal and their concern is likely a stretch, but a feasible argument that won’t get past their opinion against our opinion. b) We‘ve assumed it would be refilled and I’ve been told that a temporary channel excavated in the manner we’ve discussed is OK to fill. I asked that specific question and that was the answer. c) If it was refilled, this is a moot point. If not, this would, again, seem like a stretch, but like the first point, not one we could rule out affirmatively. Corps’ reaction could be tough to predict. d) Using their arguments, there would be no option to go around the perimeter. It’s impossible to construct a channel to the creek without cutting through wetlands, either as they plan to or through phase 1. This was the only feasible way to release the water without flooding their phase 1 work. Think the Billingsleys would take $49k as full compensation for allowing the releases across their land with no improvements and for all contractual delays associated with lowering the lake? When they ask for more, you could argue that you don’t have time to go to council. That’s only half tongue in cheek. Thanks, John John Rutledge Freese and Nichols, Inc. 4055 International plaza, St 200 Fort Worth, TX 76109 (817) 735-7284 jlr@freese.com <mailto:jlr@freese.com> From: Kenneth Griffin [mailto:KGriffin@coppelltx.gov] Sent: Friday, March 14, 2014 4:07 PM To: John Rutledge; Keith Marvin Subject: Fwd: North Lake John FYI Ken Sent from my iPhone Begin forwarded message: From: Bill Walker <BWalker@Billingsleyco.com <mailto:BWalker@Billingsleyco.com> > Date: March 14, 2014 at 3:46:33 PM CDT To: "Clay Phillips (cphillips@coppelltx.gov <mailto:cphillips@coppelltx.gov> )" <cphillips@coppelltx.gov <mailto:cphillips@coppelltx.gov> >, "Ken Griffin PE (kgriffin@coppelltx.gov <mailto:kgriffin@coppelltx.gov> )" <kgriffin@coppelltx.gov <mailto:kgriffin@coppelltx.gov> > Subject: FW: North Lake From: Lucy Billingsley Sent: Friday, March 14, 2014 3:36 PM To: Bill Walker Subject: RE: North Lake Please forward to Ken and Clay today so they have time to mull on this. Lucy Billingsley Partner Billingsley Company | One Arts Plaza | 1722 Routh Street | Suite 1313 | Dallas, TX 75201 Direct: 214.270.2222 | www.billingsleyco.com <http://www.billingsleyco.com/> | lbillingsley@billingsleyco.com <mailto:lbillingsley@billingsleyco.com> From: Bill Walker Sent: Friday, March 14, 2014 3:21 PM To: Lucy Billingsley; Henry Billingsley Subject: FW: North Lake FYI From: Rudi Reinecke [mailto:rreinecke@intenvsol.com] Sent: Friday, March 14, 2014 3:11 PM To: Bill Walker; Mike Boyd PE (mboyd.pe@gmail.com <mailto:mboyd.pe@gmail.com> ) Subject: RE: North Lake I do not like this ditch option for a number of reasons. Although Freese may be correct about one-step removal in a jurisdictional water is legal, it has drastic ramifications: a. It has the potential in long-term to drain wetlands and as we come in for a 404 permit it will look badly on us and the City for trying to circumvent the law b. The ditch will become jurisdictional as it will meet the requirements for regulation so we have more to permit (assuming the wetlands it is constructed in do not dry-up) c. As the ditch would become jurisdictional, filling it would be conditioned on the new USACE Fort Worth District Stream Mitigation Method (published in October 2013). Compensatory mitigation for this ditch would become astronomical (currently we are seeing mitigation cost increases of 3 to 5 times before this rule). Mill Branch Mitigation Bank is selling their credits at $1200, which are based on a per foot basis. Although there is an option to make the ditch around the perimeter, it to has potential issues that are similar to the above as the ditch would still become jurisdictional as it connects two jurisdictional water features. When you come in to permit your development you would still have to permit the impacts to the ditch. In my opinion, you have enough wetlands to deal with on this project, you do not need any more issues. Rudi Reinecke Integrated Environmental Solutions, LLC. 972/562-7672 From: Bill Walker [mailto:BWalker@Billingsleyco.com] Sent: Friday, March 14, 2014 2:30 PM To: Rudi Reinecke; Mike Boyd PE (mboyd.pe@gmail.com <mailto:mboyd.pe@gmail.com> ) Subject: FW: North Lake Thoughts? From: Kenneth Griffin [mailto:KGriffin@coppelltx.gov] Sent: Friday, March 14, 2014 10:59 AM To: Bill Walker Cc: Clay Phillips Subject: FW: North Lake Bill attached is an exhibit which shows the only feasible and legal route to drain the lake through the downstream property. Because the contractor is currently working on the dam improvements, the window to drain the lake through the property is closing. We would need approval by Tuesday March 18th to cut the ditch and start releasing water. Call me when you’ve had a chance to review this. Thanks Ken From: John Rutledge [mailto:JLR@freese.com] Sent: Thursday, March 13, 2014 6:53 PM To: Kenneth Griffin; Keith Marvin Subject: North Lake Ken, Sorry for not calling back – got your voicemail at the end of the day. Attached is the figure developed by Patrick and the environmental guys. We shifted the proposed channel alignment a little bit and the shaded portions of the channel are the likely wetland areas. The area downstream from their phase 1 work area is likely all “wet” even though it is currently physically dry. Assuming that it’s dry enough to bring trucks in across the phase 1 area so that the channel can be dug by backhoe and trucks could haul it back to the upstream area for storage, then this is a legal and feasible way to get a channel in and the water can be released by the end of April or so. Rough cutting the channel they want is neither legal nor practical. I asked the guys to check that out while out there and there is way too much water. I see the options as: 1. Cut this channel and release water now. AW has to be directed to do this by middle of next week for this to remain an option. It also needs to remain dray for a couple more weeks. AW had offered $25k without trucking but with full OH &P, so that’s likely the range of costs for it in reality. 2. Hold the water in the lake and release late in 2014. Don’t know whether their lack of agreement on #1 gives you the legal standing to delay lowering the lake or not. 3. Pump through the 42”, which is not tied to any schedule. AW would construct as if they are holding the water in the lake and can pump as agreed to. They’ve offered that at a net cost of $155k with about a 6 week timeframe. We asked Michael to develop the costs for longer time frames but don’t have those. He says his biggest cost is fuel so using a smaller pump for a longer time may not save as much as we’d like. I know that would have to wait for Council anyway. 4. Release the water without an agreement from the Billingsleys and without any improvements on their land to limit the inundated area. I’d be glad to discuss at your convenience. I will be out tomorrow afternoon. Thanks, John John Rutledge Freese and Nichols, Inc. 4055 International plaza, St 200 Fort Worth, TX 76109 (817) 735-7284 jlr@freese.com <mailto:jlr@freese.com> Please consider the environment before printing this message. ________________________________ This electronic mail message is intended exclusively for the individual or entity to which it is addressed. This message, together with any attachment, may contain the sender's organization's confidential and privileged information. The recipient is hereby notified to treat the information as confidential and privileged and to not disclose or use the information except as authorized by sender's organization. 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