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HomeMy WebLinkAboutItem 13 - Gaylord Texan ExpansionGaylord Texan Site Expansion Memorandum of Understanding with US Army Corps of Engineers DEPARTMENT Of 'THE ARMY FORT WORTH DISTRICT, CORPS OF ENGINEERS P. O. BOX 17300 REPLY TO FORT WORTH, TEXAS 76102-0300 ATTENTION OF August 23, 2007 Real Estate Division SUBJECT: Memorandum of Understanding, City of Grapevine Lease DACW63-1-94-0552, Grapevine Lake, Texas Mr. Bruno Rumbelow City Manager City of Grapevine Post Office Box 95104 Grapevine, Texas 76099 Dear Mr. Rumbelow: A Memorandum of Understanding (MOU) between the U.S. Army Corps of Engineers (USACE) and the City of Grapevine to address the revised development plans for land adjacent to the Gaylord Texan Resort and Convention Center is enclosed. This MOU will provide a means for USACE to prepare a Tiered Environmental Assessment (TEA) to address the proposed changes for a portion of Silver Lake Park covered in the subject lease, and Real Estate administration for the implementation ementation of the proposed changes. Please return a copy of the signed document to the Fort Worth District and forward funds to Millington, Tennessee, as outlined in the MOU. As soon as Millington provides verification that funds have been received, we will take the necessary steps to conduct the National Environmental Policy Act (NEPA) review for the proposed changes in land use. The values set out in Attachment B are the costs associated with NEPA compliance. In our letter dated May 1, 2007, we agreed in concept to issue a new lease to the City of Grapevine to include resort activities on the land adjacent to the Gaylord Texan Resort. The new lease will be issued after NEPA process is completed resulting in a Finding of No Significant Impact (FONSI) and USACE has reviewed and approved the sublease agreement between the City -2 - of Grapevine and Gaylord Entertainment. If you have any questions about the MOU, please contact Ms- Pamela Eppinette at (817) 886-1115. Sincerely, F, *yva J �. tHe Head Chief, Real Estate Division Enclosure 14T op '� X11►!`_� , �" STA7E5OF P � � DEPARTMENT OF THE ARMY FORT WORTH DISTRICT, CORPS OF ENGINEERS P. 0. BOX 17300 FORT WORTH, TEXAS 76102-0300 200/ MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF GRAPEVINE AND U.S. ARMY CORPS OF ENGINEERS, FORT WORTH DISTRICT 1. Purpose. The purpose of this Memorandum of Understanding (MOU) is to provide a mechanism by which the U.S. Army Corps of Engineers, Fort Worth District (USACE) can process a request from the City of Grapevine, Texas (City), to prepare a tiered Environmental Assessment (TEA) to the Environmental Assessment (EA) for Opryland 18 -Hole Golf Course and Driving Range on Grapevine Lake, City of Grapevine, Tarrant County, Texas, dated December 1999. The primary issue to be addressed in the TEA is the City's intent to change development plans for the portion of Silver Lake Park immediately adjacent to the Gaylord Texan Resort and Conference Center. This portion of Silver Lake Park is federal land that the USACE has leased to the City for park & recreation purposes. The desired change would be from that of an 18 -hole golf course and driving range as described in the December 1999 EA, to that of multiple recreation features including beaches, trails, swimming pool, challenge exercise trails, and a theme -oriented Texas ranch complex. The proposed recreation features would' provide public recreation opportunities that are complementary to the Gaylord Texan Resort. The TEA would address changes in environmental impacts from those described in the above referenced EA, and would include updated natural resources mitigation requirements. Because the proposed action involves federal interests in property, it is considered a Federal action and as such requires compliance with the National Environmental Policy Act (NEPA) of 1969, as amended. No final decision on the proposed action can be made by USACE until all actions necessary for compliance with NEPA have been accomplished. The NEPA process will involve preparation of a TEA that results in either a FONSI or a Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS). The USACE acknowledges that the proposed action and alternatives represent a public and regional interest; however, USACE costs to process the City's request exceed the authority of operations and maintenance funding provided to Grapevine Lake for authorized purposes. This MOU will obligate the City to fund all costs associated with the NEPA process. This MOU provides the means by which the USACE and the City may act in a cooperative manner for the purpose of meeting the identified public/regional need. 2. Objective. The objective of the MOU is to establish procedures, responsibilities, and financial obligations between the USACE and the City for support of the environmental, operations, and real estate actions involved in the City's request for the aforementioned activities associated with the TEA on property at Grapevine Lake. 3. Authority. This MOU is being entered into pursuant to 31 USC 9701. This statute authorizes the collection of costs associated with the granting of easements and other out -rants by USAGE. 4. Understandings, Agreements, Support and Resource Needs, and Method of Payment. a. The USACE will be responsible for preparation of documentation required for any real estate actions and compliance with provisions of NEPA. The City may select a private firm to generate a Preliminary EA (PRE -EA) to facilitate compliance with NEPA. The City may also choose to have the USACE prepare the TEA in its entirety with project information to be provided by the City. It is understood from preliminary meetings that the City wishes to pursue the PRE -EA option. Using the PRE -EA document, the USACE will prepare the TEA. Compliance with NEPA begins with the preparation by the USACE of the TEA and decision document consisting of either a FONSI or NOI to prepare an EIS. b. The NEPA Technical Manager will be responsible for coordinating all environmental issues with the appropriate parties within Texas Parks and Wildlife Department, Texas Commission on Environmental Quality, the U. S. Fish and Wildlife Service, the Environmental Protection Agency, and the State Historic Preservation Officer, as required by law, to determine the suitability of any real estate used for the purposes of this proposed project, including mitigation areas. c. All of the USACE resource needs for the actions described in this MOU will be provided by the City. The USACE efforts associated with accomplishment of the proposed project is outlined in a Scope of Work (SOW), included as Attachment A to the final MOU. The estimated cost to the City for support of the USACE efforts is 581,000 as set forth in the Government Estimate (Attachment B). These funds are payable to the USACE as a lump sum payment in the form of a check made out to: Finance and Accountinv Officer USAED. Fort Worth and must have "Advance Account No. 447" written on the check. The check will be mailed to: U.S. Army Corps of Engineers USACE Finance Center ATTN: CEFC-FD-C, Leslie Maddox 5722 Integrity Drive Millington, TN 38054-5005 Telephone: (901) 874-8707 Within ninety (90) days after the conclusion of the efforts described in this MOU, the Government shall conduct a final accounting of project costs. Within thirty (30) days, thereafter, the Government, subject to availability of funds, shall reimburse the City for any excess funds. 2 d. Agency Coordination. Unless otherwise indicated in writing, the USACE points of contact for this project are: NEPA Technical_ Manager: Mr. Brandon Mobley, Planning, Environmental & ReguIatory Division ,U. S. Army Corps of Engineers, ATTN: CESWF-PER-EE, P.O. Box 17300, Fort Worth, TX 76102-0300, Phone: (817) 886-1714; Fax: 817-886-6499; E-mail: Brandon.W.Mobley.ct,,swf02.usace.amiy.mil Natural Resources Manager: Mr. Donald N. Wiese, Operations Division, U. S. Army Corps of Engineers, ATTN: CESWF-OD-TN, P.O. Box 17300, Fort Worth, TX 76102-0300, Phone: (817) 886-1568; Fax: 817-886-6455; E-mail: Donal d.N.Wiese:c swf02.usace army mil Natural Resources Manager: Tim MacAllister, U.S. Army Corps of Engineers, ATTN: CESWF-OD-EF, 1801 North Mill Street, Lewisville, Texas 75057-1821, Phone: (469)-645- 9108, E-mail Tliii.L.MacAllister c swf02usace army miI Realty Specialist: Mr. Craig Kislingbury, U.S. Army Corps of Engineers, ATTN: CESWF-OD-LE, 1801 North Mill Street, Lewisville, Texas 75057-1821, Phone: (469)-645-9111, E-mail: Craig.A.Kislinclbury,cni.swf02.usace.armv.mil e. In the event that the TEA results in a Notice of Intent, or any other matter which may result in a necessity for additional funding to complete this work effort, the USAGE and the City will discuss the implications of such a finding, and reevaluate the technical services to be provided by the USAGE and all associated costs. f. Construction activities associated with each proposed project in the TEA will not begin until all Federal requirements have been met, and the City has been notified in writing by the USACE of project approval and execution of appropriate real estate instruments. g. For natural and cultural resources disturbed by the construction, a mitigation plan shall be submitted by the City for consideration by the USAGE and for inclusion in the TEA. In addition, the mitigation plan should also address the need to offset any fill that would be placed within the designated flood storage capacity of Grapevine Lake. Both parties, prior to the start of construction, must agree upon the mitigation plan. Any such plan shall be compliant with the requirements of Section 106 of the National Historic Preservation Act of 1966, as amended, and the Texas Antiquities Code. 5. Effective Date. The final MOU will become effective when signed and dated by both parties and shall remain in effect until either modified, or the project has been completed. 5a 0::, ��/ HYKfi. HE Chi /,Real Estate Division U.S. Army Corps of Engineers Fort Worth District Date On behalf of the City of Grapevine, I request the technical services of the U.S. Army Corps of Engineers, Fort Worth District to process the City's request to change development plans for the portion of Silver Lake Park immediately adjacent to the Gaylord Texan Resort and Conference Center. The portion of Silver Lake Park in question is federal land that the USACE has leased to the City for park &; recreation purposes. I am aware that the proposed action requires compliance with the National Environmental Policy Act of 1969, as amended, and the City is requesting the PRE -EA Option for NEPA compliance. Mr. Bruno Rumbelow City Manager City of Grapevine 9 Date ATTACHMENT A SCOPE OF WORK FOR TIERED ENVIRONMENTAL ASSESSMENT NECESSARY FOR NEPA COMPLIANCE AND OTHER U.S. ARMY CORPS OF ENGINEERS ACTIONS ASSOCIATED WITH THE THE CITY OF GRAPVINE'S PROPOSAL TO CHANGE DEVELOPMENT PLANS FOR THE PORTION OF SILVER LAKE PARK IMMEDIATELY ADJACENT TO THE GAYLORD TEXAN RESORT AND CONFERENCE CENTER. THIS PORTION OF SILVER LAKE PARK IS FEDERAL LAND THAT THE USACE HAS LEASED TO THE CITY FOR PARK & RECREATION PURPOSES 1.0 Preliminary Environmental Assessment (PRE -EA) Option 1.1 As noted in the MOU, the City desires to pursue the TEA using the PRE -EA option. Under this option, the City shall identify, analyze and assess potential environmental impacts from the proposed action and alternatives in a PRE -EA document. Such analysis shall be performed using data from natural and cultural resource surveys performed specifically for the proposed project by the City. Additional information in the PRE -EA will be provided through communication with other Federal and state resource agencies. The PRE -EA shall follow the format of an Environmental Assessment (EA) and shall contain all components as specified in ER 200-2-2. The USACE will prepare the tiered EA from the PRE -EA provided by the City. The cost estimate for the PRE -EA option is included as attachment B. 1.2 NEPA Coordination: Coordination of environmental activities within the USACE, and with outside resource agencies, will be the responsibility of the USACE NEPA Technical Manager. Outside resource agencies that require coordination are: U.S. Fish and Wildlife Service (USFWS), Environmental Protection Agency (EPA), Texas Parks and Wildlife Department (TPWD), Texas Commission on Environmental Quality (TCEQ), and State Historic Preservation Office (SHPO). 1.3 Site Visit: USACE team members, consisting of personnel from the Planning, Environmental and Regulatory Division, Operations Division, and Real Estate Division will make a thorough inspection of the proposed sites for the activities described in the MOU, and may meet periodically with representatives from the City and their sub -lessees, and other resource agencies. 1.4 Real Estate Division shall perform the following tasks: 1.4.1 Records search and review and completion of Determination of Availability, if applicable. 1.4.2 Review and verify plat and legal descriptions, and sub -lease agreements, if applicable. 1.4.3 Draft lease amendment and complete action. 1.5 Operations Division shall perform the following tasks: 1.5.1 Lake Office: Provide on-site support for the various District elements and the City and prepare the Report of Availability, if applicable. 1.52 District Office: Act as Project Manager for the action. Provide coordination between the City and their sub -lessees and contractors, and other USACE elements, and assure that all documentation is provided for the proposed action. 2.0 SPECIAL CONSIDERATIONS: 2.1 The Government will grant any licenses required for environmental documentation. 2.2 In the event that any additional USACE-controlled land is needed for construction purposes (such as for operation of heavy equipment), on-site environmental investigations, or land surveys outside of the requested property, the City shall obtain required authorization from the USACE. 2.3 The Government will make available to appropriate agencies existing cultural and natural resources documents for the proposed project area should they be requested for preparation of the PRE -EA. 2.4 The PRE -EA will consider and evaluate all feasible alternatives to the proposed action and relevant environmental concerns. The feasibility of alternatives put forth in the PRE -EA will be determined by the USACE NEPA Technical Manager. 2.5 The City shall provide any plats and legal descriptions, if applicable and needed, to the USACE Real Estate Division. 2.6 The City shall be responsible for compliance with The Clean Water Act (CWA) of 1972. Compliance issues shall be discussed in the TEA. Section 404 of the CWA regulates development in or near streams and wetlands which would result in discharges of dredge or fill material. A permit must be obtained by the City from the USACE, Regulatory Branch, prior to such activities. Under authority of the CWA, the TCEQ is responsible for issuing permits to control storm water discharges that affect one or more acres of land. The major requirement of the permit is the development of a Storm Water Pollution Prevention Plan (SWPPP) and filing of a Notice of Intent with the EPA. Development of the SWPPP and filing activities shall be the responsibility of the City. 2.7 If in the event that the level of public interest or environmental impacts of the project identified in Section 1 are sufficiently elevated as to require an Environmental Impact Statement (EIS), it will be necessary to develop a new Scope of Work and Government Estimate to address 0 additional funding requirements to complete associated tasks. ATTACHMENT B GOVERNMENT ESTIMATE FOR T TIERED ENVIRONMENTAL ASSESSMENT NECESSARY FOR NEPA COMPLIANCE AND OTHER U.S. ARMY CORPS OF ENGINEERS ACTIONS ASSOCIATED WITH THE THE CITY OF GRAPVINE'S PROPOSAL TO CHANGE DEVELOPMENT PLANS FOR THE PORTION OF SILVER LAKE PARK IMMEDIATELY ADJACENT TO THE GAYLORD TEXAN RESORT AND CONFERENCE CENTER. THIS PORTION OF SILVER LAKE PARK IS FEDERAL LAND THAT THE USACE HAS LEASED TO THE CITY FOR PARK & RECREATION PURPOSES Cost Estimates for the PRE -EA Option Environmental Section $70,000.00 Cultural Section 1,000.00 Real Estate Division * 6,000.00 Operations Division 3,000.00 Travel and Per Diem 1,000.00 Total Cost of the PRE -EA Option 581,000.00** *Real Estate Division cost estimates do not include any fees that would be associated with any fair market value appraisals or costs. The $6,000 figure is strictly for administrative fees associated with the described work. **Costs are estimated. Any unused funds will be returned to the City upon completion of the TEA. Note: The City has stated that they prefer the PRE -EA option. In the event that the City later decides to have the USACE complete the TEA in its entirety, the Government estimate listed above would need to be revised and a new SOW prepared.