NL Property
MEMORANDUM
TO: Jim Witt, City Manager
Clay Phillips, Deputy City Manager
FROM: Ken Griffin, Director of Engineering/Public Works
DATE: July 19, 2005
REF: North Lake Property
On
July 19, 2005 Ms. Kelly Allen with the Corps of Engineers contacted me in response to the letter sent to the Corps on June 20, 2005 concerning the North Lake property. In the June 20th
letter to the Corps there were seven specific questions asked. The following is a summary answer to each of those questions:
Has a jurisdictional determination been made regarding
North Lake and the adjacent wetlands, Grapevine Creek or any other tributaries or bodies of water that flow in and out of North Lake? Jurisdictional determinations are made on a project-by-project
basis. There have been no projects submitted to the Corps of Engineers concerning development of property around North Lake. However, prior determinations have been made that include
Grapevine Creek, North Lake itself and the area below the spillway as being jurisdictional waters of the U.S.
If a jurisdictional determination has been made, has the area been delineated
or mapped? Ms. Allen directed me to the Corps of Engineers (www.swf.usace.army.mil) website, or the Natural Resource Conservation Services (www.nrcs.usda.gov) website. I reviewed both
sites and the U.S. Fish & Wildlife Service National Wetlands Inventory site (www.nwi.fws.gov) and could find no mapping of wetlands in this area.
What would happen if a developer wanted
to develop the property immediately adjacent to North Lake? Would the development be subject to permitting under Sections 401 and 404 of the Clean Water Act? Ms. Allen stated that
if the development was not taking place in the aforementioned areas where waters of the U.S. have previously been determined, then there would probably not be any concern from the Corps
of Engineers. Any requirements associated with runoff of the developed property into the adjacent lake would be governed under the Texas Commission on Environmental Quality (TCEQ).
Would
the development be subject to the National Environmental Policy Act and require an environmental impact statement? Ms. Allen stated this depended on total impacts, but that an environmental
impact statement is not required unless there is a substantial impact. She stated that working within the boundaries of the lake, especially if the intent is to reclaim portions of
the lake, would constitute a
major impact that would require an environmental impact statement. She also commented that it would likely be difficult if not impossible to obtain permits to fill in the entire lake
site. Not only would an applicant be dealing with the Corps of Engineers, but they would also be dealing with all other entities that handle water quality/environmental issues.
Was
permit number 198900155 (applicant TXU) approved and is the file available for review by the City? Ms. Allen stated that in the 1980’s permits were not typically logged into a database
and that there were only hard copies. She was not able to find the referenced permit number.
Have any other permits been issued or denied for the North Lake tract? Ms. Allen stated
that a permit was issued in 1985 under a Nationwide Permit for dredging and fill of North Lake for an approximate area of 441 acre-feet. It was noted that this was an area near Belt
Line Road. The applicant was Powell & Powell Engineers. (Review of our files indicate that this permit was for channel work associated with the Northlake 635 Business Park on the west
side of Belt Line.) Ms. Allen also stated a permit was issued in 1990 to TXU to install drainage pipe below the spillway under Nationwide Permit #26.
Has the owner/developer (Billingsley)
submitted an application for any type of permit for this development? Ms. Allen could not find any submittals at this time for this property.
Ms. Allen was very helpful and forthcoming
in her discussion concerning the letter previously sent. She can be reached at (817) 886-1732.