US Army Corps Meeting Summary and Next Steps
Meeting Summary/Next Steps
Date: August 30, 2018
Location: US Army Corp of Engineers, Fort Worth Office
Attendees: Joe Shelnutt, USACE
Jamie Larkin, USACE
Jennifer Walker, USACE
Terry Holmes, Blackberry Farms
David Stelly, Stelly Environmental
Kent Collins, City of Coppell
Marcie Diamond, City of Coppell
George Marshall, City of Coppell
Topic: Blackberry Farm Development
During the previous meeting with USACE, Mr. Holmes indicated that the creek areas will remain
in the natural state and generally, the permit as submitted was approved. It was determined that no
hard armory of the creek banks would be required given the proposed 30-50-foot setbacks. This
permit has since expired.
In reviewing the plans, and with further analysis and discussion at this meeting, it appeared that
there would be some disturbances to the creek bank to accommodate the proposed development,
and there are some areas which would require protection due to high energy water flow, especially
abutting curves. Coppell staff expressed concern with the ability to control that the creek area
remain in its natural state to insure minimal impact on erosion, once in private hands, albeit
Homeowner or HOA.
USACE staff presented an option to ensure that the area remain in the natural state, would be to
establish a Conservation Easement over the area. The easement would be granted to a third party,
501.C3 Corporation, such as Connemara or Mitigation Solutions whose mission is to protect and
conserve open spaces. These types of corporations carry litigation insurance and have the ability
and the right to address violations in designated open space areas.
Second option would be the HOA to maintain and “police” the maintenance of the area. It is
reasonable to assume that additional funding sources would be required to make this a financially
viable solution. Neither City staff or USACE support this option to ensure long-term maintenance
of this area.
August 30, 2018
Meeting Summary/Next Steps
USACE/Blackberry Farms/City of Coppell
Page 2
Once the recommended Conservation Easement is established in the common area lots, specific
language on the use and maintenance of and penalties for disturbance of the open space areas
should be included within the:
Subdivision Plats
PD Ordinance
HOA Documents
Deeds
Signage posted on property
There was also discussion about the potential issues during construction within and adjacent to
these areas. It was recommended that an integral part of the pre-construction meeting as well as
on-going meetings with contractors include detailed expectations for construction methods to
ensure the preservation of the vegetation and creek stabilization areas. The engineer/developer
will need to provide detailed and specific language on how to handle and protect the creek banks
from erosion both during construction and thereafter.
Next Steps - Terry Holmes and/or his consultants shall:
Request that City Council delay the Public Hearing on PD-259R-SF-7/9, Blackberry Farm,
from August 14, 2018 to September 11, 2108. Future delays will depend on the progress
made.
Revise the Detail Engineering Plans to reflect the revisions creek stabilization and “30-50-
foot setback areas” as discussed, including items such as selective armoring of the sharp
curves/bridge areas, bendway weirs or stream barbs in select areas to further prevent future
erosion.
Initiate discussions with a 501.C3 Corporation, recognized by the USACE and the City to
start the process to establish a Conservation Easement to insure the creek area remain in
it’s natural state.
Submit a revised/new application to USACE.