Billingsley-CS080123
I:~ HaIff Associates, Inc.
ENGINEERS . ARCHITECTS . SCIENTISTS . PLANNERS . SURVEYORS
1201 North Bowser Road
Richardson, Texas 75071
(214) 346-6200
Fax (214)739-0095
LETTER OF TRANSMITTAL
TO: Keith Marvin, P.E.
City of Coppell Engineering Dept
255 Parkway Blvd.
Coppell, TX 75019
DATE: 01/23/08
AVO: 23186
FROM: Brandon A. Luedke, E.I.T.
Email: bluedke@halff.com
PROJECT: Billingsley 156+ ac Tract
Retail Cell - Phase II
WE ARE SENDING YOU
D Shop Drawings
[8J Copy of letter
D Prints
D Change order
[8J ATTACHED
[8J
D
D Under separate cover via _ the following:
Plans D Drawings D Specifications
Other:
THESE ARE TRANSMITTED as checked below:
[8J For approval
D For your use
[8J As requested
[8J For review/comment
D Approval as subm itted
D Approved as noted
D Returned for corrections
D Other:
D Resubmit _ copies for approval
D Submit _ copies for distribution
D Return _ corrected prints
ITEMS SENT:
- 2 full size sets (24"x36") of Retail Cell Phase II Floodplain Reclamation Plans for City approval dated 3/2/07;
- 1 copy of U.S. Army Corps of Engineers Section 404 Permit Letter re: Retail Cell Phase II;
COMMENTS:
Keith,
As a reminder, Phase I of the reclamation has been constructed. Phase" was held up by the wetlands issue.
We have a permit from the Corps (attached) and are ready to proceed with Phase II. Due to the expiration date
on the USACE Permit, we're under a tight time line to get this constructed. These are the plans we submitted
back in March, 2007 for City review. Please send us any comments you have. Also, we're working on an
easement for the storm pipe extension off Belt Line Rd and will have that in the next few days. Please call me
214.217.6648 or David Littleton 214.346.6213 if you have any questions. Thanks!
SIGNED: Brandon A. Luedke
COPIES: [8J FILE
--5cu l.- z.... 4- ~ N \ c::> 5
DOWNER
D CONTRACTOR
, '
" "-
~\
"
\ \
\\
';\
II Halff A .
::=; ~. ~l~tes, Inc.
~1IXAS,,;:F^ DRM! IJ\NNERS . SURVEY
~~~ ~
i fj ji:D a
A' "'if ..a- w[
! a P B
-6' il a. -i il
i. -I. )0.-
i I il !
g f
~
FLOODPLAIN
BILLINGSLEY R~ECTLAMA TION
AIL CELL
Coppell, Texas
III
I'
,J
I
~
DEPARTMENT OF THE ARMY
FORT WORTH DISTRICT. CORPS OF ENGINEERS
P. O. BOX 17300
FORT WORTH. TEXAS 76102-0300
REPL Y TO
ATTENTION Of:
December 14, 2006
Planning, Environmental, and Regulatory Division
Regulatory Branch
SUBJECT: Project Number 200400601
Mr. Russell Marusak
Halff Associates
8616 NW Plaza Drive
Dallas, Texas 75225-4211
Dear Mr. Marusak:
Thank you for your letters of March 27,2006, and December II, 2006, concerning a
proposal by the Billingsley Company to construct the proposed Billingsley Retail Cell (phase IT)
southwest of the intersection of Belt Line Road and MacArthur road in Coppell, Denton county,
Texas. This project has been assigned Project Number 200400601. Please include this number
in all future correspondence concerning this project. Failure to reference the project number may
result in a delay.
We have reviewed this project in accordance with Section 404 of the Clean Water Act and
Section 10 of the Rivers and Harbors Act of 1899. Under Section 404, the U. S. Army Corps of
Engineers (USACE) regulates the discharge of dredged and fill material into waters of the United
States, including wetlands. Our responsibility under Section 10 is to regulate any work in, or
affecting, navigable waters of the United States. Based on your description of the proposed
work, and other information available to us, we have determined that this project will not involve
activities subject to the requirements of Section 10. However, this project will involve activities
subject to the requirements of Section 404. Therefore, it will require Department of the Army
authorization.
We have reviewed this project under the preconstruction notification (PeN) procedures of
Nationwide Permit General Condition 13 (Federal RefPster. Vol. 67, No. 10, Tuesday, January
15,2002; Vol. 67, No. 30, Wednesday, February 13, 2002; and Vol. 67, No. 37, Monday,
February 25, 2002). We have determined that this project is authorized by nationwide pennit 39
for Residential, Commercial, and Institutional Developments. To use this pennit, the person
responsible for the project must ensure that the work is in compliance with the specifications and
conditions listed on the enclosures and the special conditions listed below. The special
conditions for this permit are as follows:
-2-
1. The permittee shall implement and abide by the mitigation plan included in "Section 404
Compensatory Mitigation Plan Billingsley Retail Cell Coppel1~ Texas" by Mr. Russell Marusak~
dated December 11 ~ 2006~ except where changes are necessary to comply with special conditions
listed below. The permittee shall implement the mitigation plan concUlTently with the
construction of the project and complete the initial construction and plantings associated with the
mitigation work prior to completion of construction of the project. Completion of all elements of
this mitigation plan is a requirement of this permit.
2. The permittee shall dedicate in perpetuity by notice of restriction, as a stream mitigation
area, the approximately 3.25-acre mitigation area identified in the mitigation plan referenced in
special condition 1 above. The only exceptions to the notice of restriction shall be easements in
existence on the date of this letter. The mitigation area shall not be disturbed~ except by those
activities that would not adversely affect the intended extent~ condition~ and function of the
mitigation area. The permittee shall survey the mitigation ~ develop an appropriate notice of
restriction for the surveyed ~ submit the draft notice of restriction to the USACE for review
and approval~ and record the USACE approved notice of restriction with the County Clerk. The
permittee shall provide a copy of the recorded notice of restriction to the USACE prior to
commencing any ground-disturbing activity within waters of the United States. The notice of
restriction shall not be removed from the deed or modified without written approval of the
USACE and conveyance of any interest in the property must be subject to the notice of
restriction.
Failure to comply with these specifications and conditions invalidates the authorization and may
result in a violation of the Clean Water Act.
Our verification for the construction of this activity under this nationwide permit is valid
until March 18~ 2007. unless the nationwide permit is suspended or revok~ or modified prior to
that date~ such that the activity would no longer comply with the terms and conditions of the
nationwide permit on a regional or national basis. The USACE will issue a public notice
announcing the changes when they occur. . ~ T
Jf n d ~- .L.!''"o t ~ -- Urm-"L to ""^^"'" 11 .. 11 Ht.
Continued confirmation that an activity complies with the specifications and conditions and any
changes to the nationwide permit is the responsibility of the permittee.
Our review of this project also addressed its effects on threatened and endangered species.
Based on the information provid~ we have determined that this project will not affect any
species listed as threatened or endangered by the U.S. Fish and Wildlife Service within our
permit area. However, please note that you are responsible for meeting the requirements of
general condition 11 on endangered species.
-3-
The permittee must sign and submit to us the enclosed certification that the work, including
any required mitigation, was completed in compliance with the nationwide penmt. You should
submit your certification within 30 days of the completion of work.
This permit should not be considered as an approval of the design features of any activity
authorized or an implication that such construction is considered adequate for the purpose
intended. It does not authorize any damage to private property. invasion of private rights. or any
infringement of federal, state, or local laws or regulations.
The USACE based this decision on a preliminary jurisdictional determination (JD) that there
are waters of the United States on the project site. This preliminary JD is valid for a period of no
more than five years from the date of this letter unless new information warrants revision of the
delineation before the expiration date. It is incumbent upon the applicant to remain informed of
changes in the Department of the Army regulations.
Thank you for your interest in our nation's water resources. If you have any questions
concerning our regulatory program, please contact Mr. Elliott Cannan at the address above or
telephone (817)886-1662. If you would like more information about our nationwide permit
program, please contact us and we will furnish you with a copy of the nationwide permit
regulations.
Sincerely.
Wayn .Lea
Chief, Regulatory Branch
a~
Enclosures