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ST9905-CS060331 (3) DEPARTMENT OF THE ARMY FORT WORTH DISTRICT, CORPS OF ENGINEERS POBOX 17300 FORT WORTH, TEXAS 76102-0300 REPLY TO ATHNTION OF March 31, 2006 Planmng, EnvIronmental, and Regulatory DIvIsion Regulatory Branch SUBJECT Project Number 200400181 Ms. Loretta E. Mokry Semor EnvIronmental ScientIst Alan Plummer AssocIates, Inc. 841 West Mitchell Street Arlmgton, Texas 76013-2506 Dear Ms. Mokry' ThIS IS m response to your letter of Apnl 8, 2004, requestmg a modIfication to your Department of the Army permIt 200400181 for the CIty ofCoppell's proposal to modIfy approXImately 350 hnear feet of an unnamed ephemeral stream channelImmedIately downstream of Bethel Road m Coppell, Dallas County, Texas. We have revIewed and hereby approve your request. Permit Number 200400181 is modified as follows ReVIse speCIal condItIon 2 to read as follows 2 The perrmttee shall dedicate m perpetuIty by deed restnctIOn, as a stream mitIgatIOn area, the approXImately 0.48 acre mItigatIOn area identified in the mitigatIOn referenced m speCIal condItIOn 1 above. The only exceptlOns to the deed restnctIOn shall be easements m eXIstence on May 4, 2005 The mitigatIOn area shall not be dIsturbed, except by those actiVIties that would not adversely affect the mtended extent, condItion, and functIOn of the mItIgatlOn area. Unless otherwIse specIfied, lIvestock grazmg, mowmg, and SImilar actIVIties are not allowed. The permIttee shall survey the mitIgatIOn area, develop an appropnate deed restnction for the suNteyed area, submIt the draft deed restnctIon to the USACE for reVIew and approval, and record the USACE approved deed restnctIOn WIth the County Clerk. The permIttee shall provide a copy of the recorded deed restnctIOn to the USACE by July 1, 2006 The restnctIOn shall not be removed from the deed or modIfied WIthout written approval of the USACE and C()llveyance of any Interest In the property must be subject to the deed restrictlOn ThIS modIficatIOn IS effectIve ImmedIately AIl other terms and conditions of the ongmal permIt remaIn m full force and effect. -2- If you have any questIOns concemmg thIs letter, please contact Mr Ken Laterza at the address above or telephone (817)886-1735 Sincerely, &t' ChIef, Regulatory Branch