HomeMy WebLinkAboutItem 26 - Corps Lease for Opryland and Cowboys Golf Course26
ITEM • � ....-
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER/W
MEETING DATE: MAY 16, 2000
SUBJECT: SUPPLEMENTAL AGREEMENT #6 TO CITY/CORPS LEASE
RECOMMENDATION:
City Council to consider ratifying Supplemental Agreement #6 to City Lease No. DACW63-
1-94-0552 with the Army Corps of Engineers, authorize the City Manager to execute said
Supplemental Agreement #6, and take any necessary action.
FUNDING SOURCE:
Mitigation costs will be paid by Opryland and Evergreen Golf.
BACKGROUND:
The City staff has had previous discussions with the Corps of Engineers regarding
approvals for the Opryland Project, the Cowboys Golf Course and related developments.
The Corps of Engineers has provided this Supplement #6 to the City's Lease. The City
Manager will sign on behalf of the City, accepting the terms of the agreement.
Supplemental Agreement # 6 to the existing Lease between the City and the Corps adds
the following conditions for mitigation purposes:
All items in the memo listed as "at lessee's expense" are to be paid for by Evergreen Golf.
Condition 49: the Mitigation Plan for the Opryland Complex (exclusive of the Opryland Golf
Course) must be completed at the lessee's expense as described in Exhibit M.
Condition 50: the Mitigation Plan for the Cowboys Golf Club must be completed at the
lessee's expense as described in Exhibit N. The annual monitoring reports specified in the
Mitigation Plan will be due no later than October 1 t of each year. Any use of pesticides,
including herbicides, will be coordinated with the Grapevine Lake Manager prior to their
use. The required 50% survival rate shall apply even if losses from fire, flooding, drought
or pest damage occur.
May 10, 2000 (2:34PM)
Condition 51: the Mitigation Plan for the relocation of the TXU Electric overhead electrical
transmission line must be completed at the lessee's expense as described in Exhibit O.
The location for planting the 11 hard mast trees must be approved by the Grapevine Lake
Manager.
Each of these conditions have been reviewed and approved by City Staff, Opryland,
Evergreen Golf and the Corps of Engineers. This incorporates the conditions into the
lease.
Staff recommends approval.
WAG/cjc
R agendasuppleagree51600
May 10, 2000 (2:34PM)
SUPPELEMENTAL AGREEMENT NO.6
TO
LEASE NO. DACW63-1-94-0552
GRAPEVINE LAKE, TEXAS
This Supplemental Agreement No. 6 to Lease No. DACW63-
1-94-0552, made and entered into by and between the
Secretary of the Army and the City of Grapevine, Texas,
hereinafter referred to as the Lessee:
W I T N E S S E T H:
WHEREAS, on 18 March 1994, the Secretary of the Army
granted to the City of Grapevine, Texas, the above -numbered
lease for public park and recreation purposes at Grapevine
Lake, Texas, as more specifically described in said lease;
and
WHEREAS, on 28 May 1998, Supplemental Agreement No. 1
was issued to construct an additional 9 holes of golf on
the existing lease; and
WHEREAS, on 31 July 1998, Supplemental Agreement No. 2
was issued to renovate the existing 18 holes of the golf
course; and
WHEREAS, on 21 April 1999, Supplemental Agreement No.
3 was issued to modify the plans for construction of the
new nine -hole golf course and the renovation of the
existing 18 -hole course; and
WHEREAS, on 05 October 1999, Supplemental Agreement
No. 4 was issued to add 177.77 acres to the lease area and
to approve the construction of roadways, bridges, a portion
of a parking garage/ convention center and a fishing pier
within the premises; and
WHEREAS, on 08 October 1999, Supplemental Agreement
No. 5 was issued to approve construction of an additional
18 holes of golf, known as the Cowboys Golf Club, within
the existing lease area; and
WHEREAS, the grantee has submitted mitigation plans
for the Opryland Complex (exclusive of the Opryland Golf
Course), the Cowboys Golf Club and the relocation of the
TXU Electric overhead electrical transmission line, and the
Government is agreeable thereto.
NOW, THEREFORE, Lease No. DACW63-1-94-0552 is hereby
amended in the following respects only:
1. Condition No. 49 is hereby added to the original
lease to read as follows: "49. The Mitigation Plan for
the Opryland Complex (exclusive of the Opryland Golf
Course) must be completed at the lessee's expense as
described in Exhibit M."
2. Condition No. 50 is hereby added to the original
lease to read as follows: "50. The Mitigation Plan for
the Cowboys Golf Club must be completed at the lessee's
expense as described in Exhibit N. The annual monitoring
reports specified in the Mitigation Plan will be due no
later than October 1st of each year. Any use of
pesticides, including herbicides, will be coordinated with
the Grapevine Lake Manager prior to their use. The
required 50o survival rate shall apply even if losses from
fire, flooding, drought or pest damage occur."
3. Condition No. 51 is hereby added to the original
lease to read as follows: "51. The Mitigation Plan for
the relocation of the TXU Electric overhead electrical
transmission line must be completed at the lessee's expense
as described in Exhibit 0. The location for planting the
11 hard mast trees must be approved by the Grapevine Lake
Manager."
EXCEPT for the revisions above, the terms and
conditions of the lease shall remain unchanged and in full
force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand by the
authority of the Secretary of the Army this day of
2000.
Hyla J. Head
Chief, Real Estate Division
The above instrument, together with all the
conditions thereof, is hereby accepted this day of
. 2000.
City of Grapevine
Roger Nelson, City Manager
I,
herein; that
CERTIFICATE
certify that I am the
of the city of Grapevine, named as a grantee
, who signed this Supplemental
Agreement on behalf of the city of Grapevine, was then
of the city of Grapevine and that said
Supplemental Agreement was duly signed for and on behalf of the
city of Grapevine by authority of its governing body and is
within the scope of its legal powers.
Date
(Title)
Please have someone other that the person who signs the
Supplemental Agreement, sign this form.
(y P. O. 6 113
ly FORT WORTH, TEE 76XAS 76102-0300
REPLY TO October 5, 1999
ATTENTION OF '
Real Estate Division
SUBJECT: Mitigation Plan, Lease DACW63-1-94-0552,
Supplemental Agreement No. 4, Grapevine Lake
Mr. Roger Nelson
City Manager .
City of Grapevine '
Post Office Box 95104
Grapevine, Texas 76099
Dear Mr. Nelson:
The attached letter, from Peter D. McKone, Carter &
Burgess, describes the mitigation requirements associated
with Supplemental Agreement Number 4 to Lease DACW63-1-94-
0552. I will forward a copy of the mitigation plan for the
golf course as soon as I receive it. Please sign this
letter, indicating your agreement to meet the stated
mitigation requirements. I cannot issue the supplemental
agreement without -this executed mitigation agreement.
Sincerely,
Hyla J. Head
Chief, Real Estate Division
Enclosure
The igation pl c osed is hereby accepted this
day of 1999.
Roger e s
City Manager
EXHIBIT M
•vjAw N ovr9was
' Consultants in Planning, Engineering, Architecture,
Construction Management, and Related Services
October 1, 1999
i
Dr. Hank Jarboe
Environmental Division (CESWF-EV-EE)
Fort Worth District, U.S. Army Corps of Engineers
819 Taylor Street
Fort Worth, Texas 76102-0300
Reference: Opryland Facilities on Grapevine Lake
Revised Mitigation Plan for Wooded Habitat
Dear Dr. Jarboe:
In the Environmental Assessment (EA) for Opryland facilities on Grapevine Lake, we
discussed the US Army Corps of Engineers' (Corps) fee land wooded habitat impacts
of the preferred. alternative. The EA mentioned that we would provide you with a
detailed mitigation plan when one was developed. The following discussion is
provided for your review regarding the revised mitigation plan as per your comments
for those impacts.
In an attempt to decrease fragmentation of the wildlife habitat, as well as compensate
for loss of wooded vegetation, the mitigation plan involves replanting in bottomland
areas located on Corps property associated with Grapevine Lake. The mitigation
area is proposed in an area thought to have been previously cleared of wooded
vegetation. The site is currently comprised of giant ragweed (Ambrosia trifrda),
annual sumpweed (Iva annua), common sunflower (Helianthus annuus), and an
occasional buttonbush (Cephalanthus occidentalis) or black willow (Salix nigra). A
few pockets of spike-rush (Eleocharis spp.) were also present within the area
proposed. The adjacent wooded areas are predominantly comprised of black willow,
sugar hackberry (Celtis laevigata), and pecan (Carya illinoensis). The site slopes
gradually toward Denton Creek. Photographs of the site are provided in Appendix A.
A watershed approach was taken to mitigate for these hardwood impacts. Due to site
constraints, it was impossible to mitigate for these woodland impacts at the project
site. The search for possible mitigation areas was narrowed to potential sites
suggested by Corps rangers at Grapevine Lake. The site being considered is near
the western end of the lake, south of Denton Creek, and east of SH 377 (Exhibits 1
and 2). This site is located in an area that has been previously degraded and
fragmented. It is felt that the site would benefit from the addition of tree species to
improve its habitat quality, to satisfy the mitigation requirements, and to meet lake
managers' acceptance.
The mitigation plan proposes to plant trees and shrubs in an area to total
approximately 50 acres. The native trees proposed would be a mixture of 1- to 2 -inch
Carter & Burgess, Inc. 3880 Hulen Street Fort Worth, Texas 76107-7254 EXH`B,T 1`
Mailing address: PO Box 985006 Fort Worth, Texas 76185-5006 (817) 735-60b0 Metro 429-0170 Fax (817) 735-6148
Page 2
caliper specimens consisting of hard- and soft -mast producing species with a high
wildlifelhabitat value.
The site being impacted is typical of that found in the Cross Timbers and Prairies
region of Texas. The dominant canopy species on the wooded uplands of the project
consist of post oak, cedar elm, green ash and blackjack oak. Understory species vary
throughout the property but include saplings of canopy species, small junipers,
greenbrier (Smilax spp.), Vitis sp., and a variety of forbs such as partridge -pea
(Chamaecrista tasciculata), ragweed (Ambrosia spp.) and grasses (Bromus spp.). In
disturbed areas introduced or invading species are found such as mesquite (Prosopis
glandulosa), baccharis, and grasses such as common bermuda grass (Cynodon
dactylon). Shoreline vegetation is typically either on steep, heavily eroded bluffs with
little vegetation, or on moderate slopes with flood -tolerant pasture grasses, various
weeds, forbs, willows (Salix spp.), cottonwoods, and buttonbush.
The mitigation ratio (acres of mitigation to acres impacted) was developed by Corps'
personnel (Table 1). The formula requires different ratios of mitigation based upon
condition of habitat and flood frequency. It was determined by USFWS and Corps
personnel that approximately 1.1 acres of the habitat was poor quality. 7.5 acres were
considered to be good habitat quality. The remaining 3 acres were considered
excellent habitat quality. Each of these habitat condition areas were further broken
down by flood frequency, which is tied to the existing topography. A detailed chart
(Appendix B) shows the detailed mitigation calculations. After calculating the total
impacts of the area (11.6 acres), the mitigation area needed for each of the area
categories was determined using the mitigation ratio. The amount of mitigation
needed is 49.9 acres, which exceeds an overall four to one ratio.
Table 1 — Typical Compensatory Mitigation Ratio for loss of Vegetation/Habitat
Flood Event
detatlon/tiabilEat £ondit�on
_
Frequencies
poor _
_ = __
Good
_
F�cceltent'
5 -Year
1:1
2:1
3:1
10 -Year
2:1
3:1
4:1
50 -Year
3:1
4:1
5:1
100 -Year
4:1
5:1
6:1
1. Planting Plan.
The mitigation goal is to have 81 surviving trees per acre and 50 surviving fruit -
bearing shrubs per acre at the end of each growing season for 3 consecutive growing
EXHIBIT M
October 1, 19y9
Page 3
seasons. Survivability of the plantings will be achieved through various practices,
which may include irrigation or other watering methods. During the three season
maintenance period, it may become necessary to provide vegetative watering (e.g.
irrigation, watering trucks, etc.) to achieve the specified survivability. Species of trees
and shrubs will be separated into zones of topographic position. More flood -tolerant
species will be placed in the lower topographic positions of the site while species not
as tolerant of flooding will be placed in the higher topographic positions (Exhibit 3).
Shrub and tree species within their designated zones will be randomly spaced so as
to give an even distribution throughout the mitigation area.
Native trees will be 1- to 2 -inch caliper container -grown nursery stock specimens
consisting of five or more of the following hard- and soft -mast producing species:
green ash (Fraxinus pennsylvanica), cedar elm (Ulmus crassifolia), red mulberry
(Morus rubra), shumard oak (Quercus shumardii), mexican plum (Prunus mexicana),
bur oak (Quercus macrocarpa), pecan (Carya ilinoensis). Trees planted will be
composed of at least 50% hard -mast producing species. A planting plan is provided
in Exhibit 3.
The shrubs will be 1- to 5 -gallon containerized specimens consisting of three or more
of the following species: deciduous holly (111ex decidua), rusty blackhaw (Vibumum
rufidulum), American beautyberry (Callicarpa americana), coralbery
(Symphoricarpos orbiculatus), and Bumelia (Bumelia lanuginosa). No one species
will constitute more than 40 percent of the total shrubs planted. A planting plan is
provided in Exhibit 3.
2. Minimum Acceptable Planting Survival Rate. All trees and shrubs to be
planted will be monitored to ensure survival 81 trees and 50 shrubs per acre. Any
dead trees will be replaced at the earliest appropriate planting period (December -
February after planting to maintain the specified survival.
3. Criteria for Minimum Mitigation Plan Success. The City of Grapevine will
be responsible for maintenance of the mitigation area for a period of three years until,
such time as the City provides documentation to, and receives verification from the _
Fort Worth District, U.S. Army Corps of Engineers, that the mitigation conditions have
been met.
4. Deed Restriction. The site is located entirely on Corps property. In
addition, the land use designation for this parcel is currently designated as agricultural
and grazing. The land use will be changed to the designation of environmentally
sensitive area, which would protect that area from future disturbance.
5. Compliance Reporting. The City of Grapevine shall establish and
implement a self-monitoring program that includes the following actions:
a. Designation, in writing, of a responsible party to coordinate with the
conservation specialist at the Grapevine Lake Project office concerning on-site
inspections and compliance with mitigation conditions;
EXHIBIT '
Uctooer 1, 1 vvv
Page 4
b. Implementation of a reporting program that shall include annual written
compliance reports to the Corps due October 1 each year, beginning in 2000. The .
City shall include in each report any schedule changes and a summary of all activities
that occurred during the reporting period, including demonstration of the City's
compliance with the mitigation conditions, and documentation of the progress and/or
completion of all authorized work. The City of Grapevine shall detail in the first report
the pre -construction conditions of the mitigation area. The City shall include in the
report photographs and maps documenting the condition of the mitigation area.
Compliance reports are required even if no work is conducted during the reporting
period. The City shall submit compliance reports until the Corps verifies that the City
has successfully completed all compensatory mitigation plan requirements, the
'mitigation areas have met the standards of the conditions discussed in this report, and
all authorized construction activities have been either completed or deleted from the
project.
5. Catastophic Events. If during the 3 -year mitigation monitoring period there
is a catastrophic event (flood, fire, etc.) which results in the mortality of all or part of'
the planned activities in the mitigation area, the City of Grapevine will be responsible
for re-establishing the impacted area to conditions'as outlined in this mitigation plan.
If you have any questions or need additional information, please feel free to call me at
817-735-7031.
Sincerely,
' CARTER & BURGESS, INC.
a . .
Peter D. McKone, C.W.B.
Senior Environmental Scientist
PDM/tg
Attachments: Appendix A, Photographs of Mitigation Area
Appendix B, Mitigation Calculations by Floodplain Acreage
98220901106
cc: Correspondence
Environmental - DVG
Environmental - MBM
Public Works - BEW, C&B Dallas
Jerry Hodge - City of Grapevine
Stan Laster - City of Grapevine
Rick Charles - Opryland
Charlie Burger - Corps of Engineers, Lake Office
Terry DeWitt - Hnedak Bobo Group
Don Wiese — Corps of Engineers, Operations Division
EXHIBIT
IWooded Mitigation Site CSB Project No. 982209011
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APPENDIX A
PHOTOGRAPHS of MITIGATION AREA
EXHIBIT N
EXHIBIT h
Opryland Carter & Burgess, nc.
Wooded Mitigation Plan C&B Project No. 982209011
M
Opryland EXHIBITCarter & Burgess, Inc.
Wooded Mitigation Plan C&B Project No. 982209011
MITIGATION CALCULATIONS BY FLOODPLAIN ACREAGE
AREA (AC)
100 YEAR
2731.62
HABITAT MITGATION
MITIGATION
AREA (FT2)AREA
(AC)
CONDITION RATIO
5402.33
AREA
68771.79
1.58
Good
5
7.89
50391.16
1.16
Excellent
6
6.94
40468.84
0.93
Good
5
4.65
51681.76
1.19
Good
5
5.93
14838.21
0.34
Excellent
6
2.04
TOTALS 226151.75
5.19
0.22
5002.79
27.46
50 YEAR
AREA (FTZ)
AREA (AC)
2731.62
594.07
0.01
Excellent
5
0.07
5402.33
0.12
Excellent
5
-0.62
9852.11
0.23
Excellent
5
1.13
9244.81
0.21
Good
4
0.85
56300.07
1.29
Good
4
5.17
11445.91
0.26
Poor
3
0.79
1934.15
0.04
Excellent
5
0.22
5002.79
0.11
Excellent
5
0.57
9771.85
0.22
Excellent
5
1.12
833.39
0.02
Poor
3
0.06
20585.83
0.47
Good
4
1.89
TOTALS 130967.30
3.01
12.49
10 YEAR
AREA (FTZ)
AREA (AC)
2731.62
1226.66
0.03
Excellent
4
0.11
670.20
0.02
Excellent
4
0.06
828.61
0.02
Excellent
4
0.08
69583.49
1.60
Good
3
4.79
10963.06
0.25
Good
3
0.76
8539.95
0.20
Poor
2
0.39
30743.47
0.71
Excellent
4
2.82-
9662.12
0.22
Poor
2
0.44
5112.45
0.12
Poor
2
0.23
TOTALS 137330.00
3.15
9.69
5 YEAR
AREA (FTZ)
AREA (AC)
2731.62
0.06
Poor 1
0.06
6499.07
0.15
Poor 1
0.15
2229.85
.0.05
Poor 1
0.05
TOTALS 11460.53
0.26
0.26
FINAL IMPACTS (AC)
11.61
FINAL MITIGATION (AC)
49.90
EXHIBIT M
t:UOB\982209\OPRY.xIs
r, U. MUA 1 /JUU
FORT WORTH, TEXAS 76102-0300
REPLY TO
ATTENTION OF -
Environmental Division
Regulatory Branch
SUBJECT: Project Number 199000483
Mr. William A Gaither
Director of Administrative Services
City of Grapevine
200 South Main Street
Grapevine, Texas 76051
Dear Mr. Gaither:
October 4, 1999
This is in response to your letter of October 4, 1999, requesting a modification to your
Department of the Army permit 199000483 for the discharge of dredged and fill material into
waters of the United States associated with the construction of an 18 -hole golf course adjacent to
an existing 18 -hole golf course on U: S. Army Corps of Engineers property below the Grapevine
Lake dam in the city of Grapevine, Tarrant County, Texas. In your letter, you also requested
USACE review and approval of minor adjustments to the golf course layout_ and information
presented to comply with special conditions 1-12 of the permit.
We have reviewed and hereby approve your request for modification of the permit. Permit
Number 199000483 is modified as follows:
1. Replace "December 31. 1999" in General Condition 1 on page one of the permit with
"December 31, 2001 ".
2. Replace special condition 3 with the following:
The applicant shall implement and abide by the mitigation plan, incorporated into the
conditions of this permit as Exhibit A, except as provided below, to minimize adverse impacts
and compensate for unavoidable adverse impacts to waters of the United States and other
environmental resources associated with the golf course project. The applicant shall plant
92.8 acres of tree seedlings, at a rate of 435 seedlings per acre, on U. S. Army Corps of
Engineers (USACE) land at Grapevine Lake. The applicant shall ensure that all tree seedling
plantings required by this permit exhibit at least a fifty percent survival rate at the end of each
of the first two growing seasons following planting. For any growing season where fifty
percent survival is not achieved, the applicant must replant and an additional year shall be
EXHIBIT N
added to the monitoring requirement until at least a fifty percent survival rate is achieved for
two growing seasons. The applicant shall develop a schedule for completion of all of the
mitigation features and identify the locations for their implementation and submit that
information to the USACE for review and approval. The USACE must approve the
mitigation locations and schedule of implementation prior to the initiation of construction of
the golf course. The applicant shall submit a maintenance plan for the 92.8 -acre seedling
planting area, which includes irrigation provisions, to the USACE for review and approval by
December 1, 1999, and implement the maintenance plan approved by the USACE.
This modification is effective immediately. All other terms and conditions of the original
permit remain in full force and effect.
We have reviewed the minor adjustments to the golf course layout and find those to be
acceptable. Those minor changes will not require a modification to your Department of the Army
permit, but will require approval from our Real Estate. Division relative to your lease agreement.
That review will be addressed in a separate letter.
We have reviewed the information presented to address compliance with special conditions 1-
12 of your permit. We have determined that you are currently in compliance with all terms and
conditions of your permit. Specifically, we approve the following:
1. the mitigation location and schedule of mitigation required by special condition 3;
2. the erosion control and stormwater management plan for construction and operation of the
golf course required by special condition 5;
3. the plan for the use of pesticides and fertilizers during construction and operation of the golf
course required by special condition 6;
4. the water conservation plan for the use of water for irrigation and landscape features such as
ponds, fountains, etc. required by special condition 7; and
5. the final grading plan and a summary of the resulting valley flood storage loss at elevation
480 N.G.V.D. required by special condition 8.
Finally, special condition 4 of your permit requires that you schedule activities so that no
construction work of any kind is done within 500 feet of the dripline of any of the trees in which
the heron rookery is located between February 15 and August l ,of any year unless you receive
prior written approval from the USACE after coordination with the U. S. Fish and Wildlife
Service (USFWS) and the Texas Parks and Wildlife Department (TPWD). In your October 4
letter, you requested that you be allowed to plant grass and construct cart paths in the heron
rookery protection zone during the restricted period. As you noted, approval of such a variance
is not required for you to begin construction of -the golf course. We are currently reviewing your
EXHIBIT 11
request, in consultation with the USFWS and TPWD, and will advise you of our decision in the
near future.
Ifyou have any questions concerning this letter, please contact Mr. Presley Hatcher at the
address above or telephone (817)978-3990.
Sincerely,
' . k alo��
Wayne A.
Chie4 Regulatory Branch
Copies Furnished:
Mr. Mark Fisher
401 Coordinator
Standards and Assessment Section (MC -150)
Texas Natural Resource Conservation Commission
P.O. Box 13087
Austin, Texas 78711-3087
Mr. Rollin MacRae
Texas Parks and Wildlife Department
4200 Smith School Road
Austin Texas 78744
Mr. Thomas J. Cloud, Jr.
Field Supervisor
U.S. Fish and Wildlife Service
Stadium Centre Building
711 Stadium Drive East, Suite 252
Arlington, Texas 76011,
Ms. Rebecca Weber
Chief Marine and Wetlands Section (6WQ-EM)
U.S. Environmental Protection Agency, Region 6
1445 Ross Avenue
Dallas, Texas 75202
EXHIBIT N
Habitat Mitigation The current routing has gone through modifications
under recommendations by the Fish and Wildlife Service to maximize
wildlife habitats in the upland forest north of the water treatment plant
and along the Denton Creek corridor. Special consideration was given to
our routing holes away from the Heron Rookery and wood duck habitats.
f
The owner plans to compensate for the disturbances caused to the
waters of -the U.S. and hardwood tree species. The 33,120 square feet of
filled in wetlands shall be replaced with approximately five acres of newly
I
reated wetlands on hole #5. This. area shall be lowered to the elevation
of the existing wetland with many gradual rolls and hollows graded at
slopes of 1:10. Pending soil tests, in this area, the most suitable and
available grasses (switchgrass, shoreline reed, common reed) shall be
used to vegetate the wetland:
Of the thirty-four acres of proposed clearing, approximately twenty five
acres includes upland hardwoods and riparian vegetation. This lost
vegetation shall be replaced at a 3:1 ratio in areas identified by the golf
course architect. The intention shall be to vegetate select areas of the
proposed golf course first, city properties second, and Corps of Engineers
land last. The remaining nine acres of meadow vegetation lost in clearing
shall be replaced at a 1:1 ratio under the same criteria. The total
mitigation for all tree losses (excluding wetlands) shall be limited to 84
acres. Planting densities and maintenance practices shall be as follows:
1. On City of Grapevine leased areas below dam, on City of Grapevine
leased areas above_ dam, on Corps of Engineers land:
a. Seedlings per acre - 435 (over a total of 83 acres)
b. Percent survival after 2 growing seasons - 80%
C. Species may include bur oak, pecan, hackberry, shumard "
oak, or others dependent on specific site characteristics,
including elevation , soil type, and location with respect .to
park facilities.
d. ..On any site, 50% of all trees planted must produce hard
mast.
e. Mitigation package to be amortized over a 3 year period.
f. A professional arborist shall be hired as a neutral party to
oversee planting techniques," to make periodic checks on
completed works and to record survival rates. Field reports
shall be sent to all concerned parties.
g. One acre or 294, 5 gallon frees shall be planted on 10 ft. by
15 ft. spacing to strengthen plantings on the golf courses
below Grapevine Dam. These plantings shall conform to
items b -f (above).
EXHIBIT N
October 4, 1999 �ii; a J y
S•f
Mr. Charles Burger
U.S. Army Corps of Engineers
110 Fairway Drive
Grapevine, Texas 76051
Re: Cowboys Golf Club (formerly DFW Lakes Hilton Golf Course)
Corps Permit No. 199000483
Park and Recreation Lease No. DACW 63-1-76-0412, as amended
Dear Mr. Burger:
This is to request US Army Corps of Engineers' (USACE) authorization to
construct the Cowboys Golf Club course in accordance with the above
referenced 404 permit. We are requesting USACE review and approval of
documentation required by Special Conditions No. 1-12 of our above. referenced
permit. In addition, we are providing information under the section entitled, "Other
Items," to address other questions that the USACE has posed to us. Information
transmitted herewith replaces and supersedes the information presented in
previous submittals. Please consider this letter a request for approval of the
minor adjustments to the course layout which are shown on the plans and other
documents previously submitted.
Special Conditions
No. 1 — Self Monitoring Program. The City has contracted with Freese and
Nichols (F&N) to assist with the required self-monitoring program. We are
designating Steve Watters (phone: 817-735-7272; fax: 817-735-7492) of F&N to
serve as the responsible party "... who shall coordinate with the Operations
Management and Regulatory Branches of the Fort Worth District, USACE, on
compliance with the mitigation features and on-site inspections."
No. 2 — As -Built Drawings. These will be prepared and submitted to the
USAGE within one year after work is completed, as required by the permit. It is
our understanding, based on discussion during our meeting on September 29,
1999, that the USACE will accept as -built drawings in 11" x 17" format.
No. 3 — Mitigation Locations and Implementation. This permit condition
requires the City to identify locations and develop an implementation schedule for
the mitigation requirements described in Exhibit A of the above referenced
permit. The mitigation features include (1) wetland creation and (2) tree planting.
All mitigation plantings will be as specified in permit Exhibit A.
. -r` , - _.I I _�, EXHIBIT
Administrative Services - 200 South Main Street - Grapevine, Texas 76051 - 817-410-3113 - Fax 817-410-3005
October 4, 1999
Page 2 of 6
Approximately 5.3 acres of wetlands will be created in the vicinity of hole 5. The
location of this work is depicted on sheet 17 of the golf course construction
drawings dated May 28, 1999 (Note: Construction drawings referred to in this
letter are presented in 11" x 17" format in Attachment H). The wetlands will be
constructed concurrently with construction of the golf course between September
1999 and December 2000, with planting of the switchgrass, shoreline reed, and
common reed to take place during the period March through May.
Tree planting will include 5.2 acres of plantings on the Cowboys Golf Course and
92.8 acres of plantings at a remote mitigation site. Sheets 16 and 17 of the
construction drawings (Attachment H) show the location of the trees to be
planted on the golf course. Of these, one acre will be planted with 294 5 -gallon
container grown trees on a 10 by 15 foot spacing, and 1,826 seedlings. will be
planted on a 10 by 10 foot spacing over approximately 4.2 acres, in the areas
shown on the drawings.
The remaining 92.8 acres of mitigation plantings will consist of 40,368 seedlings
planted on Corps of Engineers' property at the upstream end of Lake Grapevine.
The location of this site was identified by the Lake Manager at Lake Grapevine
and is depicted on the map in Attachment G. If for some reason this site
becomes unavailable for mitigation planting, the City will consult with the Corps
to identify another acceptable site. The City requests that if the mitigation site is
changed, the new area should be a contiguous 92.8 acre block to facilitate
maintenance and monitoring of the plantings.
The seedlings will be planted at the 92.8 acre remote mitigation site between
December 1, 1999 and February 29, 2000. Seedlings to be planted on 4.2 acres
at the Cowboys Golf Course will be planted between December 1, 2000 and
February 28, 2001. The 294 5 -gallon container grown trees will be planted on
the golf course between October 1, 2000 and February 28, 2001.
It is our understanding that the USACE plans to modify the maintenance and
survival criteria in the permit. Based on our understanding of the revised criteria,
we will provide maintenance of the tree planting sites to insure survival of 50
percent of the planted trees at the end of both the first and second growing
seasons following planting. Optional maintenance techniques, including
measures such as various irrigation methods (drip, sprinkler, etc.) and cultural
practices (mowing, plowing, mulching, etc.), will be studied to address site
specific conditions. Maintenance plans appropriate for each site will be prepared
and submitted to the USACE prior to tree planting. In addition, a report will be
submitted to the USACE describing the tree survival rates for each planting site
at the end of each of the first two growing seasons.
EXHIBIT
January 21, 2000
Mr. Charles Burger
U. S. Army Corps of Engineers
110 Fairway Drive
Grapevine, Texas 76051
FREESE•NICHOL 3
Re: Cowboys Golf Club Off-site Mitigation Area
Corps Peanut No. 199000483
Dear Mr. Burger:
On behalf of the City of Grapevine, I am submitting for the Corps' approval a copy of the tree
maintenance plan for the Cowboys Golf Club off-site mitigation area as requested in the Corp's
modification of special condition 3 dated October 4, 1999.
Please note that the supplemental documentation regarding permit special conditions provided to the
Corps in our October 4, 1999 letter indicated that the off-site mitigation area would be planted during
the 1999-2000 planting season. However, several issues remained outstanding concerning the
mitigation site that delayed implementation of the mitigation plan. Because of that delay, initial
planting of the mitigation area will not be accomplished until the 2000-2001 planting season.
Upon approval of the maintenance plan, the golf course developer (Evergreen Alliance Golf Limited)
will prepare bid documents and solicit bids for the off-site mitigation work. A contractor will be
selected as early as possible during 2000 in order to secure the necessary planting stock and complete
planting of the mitigation area by March, 2001.
Please call me at (8 17) 735-7272 if you have any questions regarding the information provided.
Yours truly,
f°
Stev P. Watters, PWS
Discipline Leader,
Environmental Assessment and Permits
Attachment
Freese and Nichols, Inc. W Engineers jj Environmental Scientists 4 Architects
4055 International Plaza 4 Suite 200 A FortWorth, Texas N 76109-4895
817-735-7300 A Fax 817-735-7491 EXHIBIT N
January 14, 2000
Page 2•of 2
xc: Presley Hatcher, Corps of Engineers, Fort Worth District
Don Wiese, Corps of Engineers, Fort Worth District
Bill Gaither, City of Grapevine
Jeff Lewin, Evergreen Alliance Golf Limited
Mike Nichols, Freese and Nichols
File GPV99196/2.10
[GPV99196;Word97]T:U.ET1Burgerl-21-OO.doc
EXHIBIT N
COWBOYS GOLF COURSE MITIGATION AREA
TREE MAINTENANCE PLAN
USACE PERNUT NUMBER 19900043
In accordance with the special condition 3 of USACE Permit No. 19900043, as modified
by letter dated October 4, 1999, the City of Grapevine, Texas and Evergreen Alliance
Golf Limited propose to implement an intensive maintenance program for planted trees in
its mitigation area, located on USACE property northwest of Grapevine Lake along
Denton Creek. Maintenance activities will include but are not limited to monitoring,
irrigation, fertilizing, replanting, control of competing vegetation, and control of
wildlife/livestock damage.
Monitoring: The mitigation area will be monitored periodically to observe overall
seedling health and vigor. These monitoring visits will also aid in the determination of
the need for preventative and/or corrective maintenance activities.
Irrigation: Water for irrigation of the mitigation area will be pumped from Denton
Creek. Estimated water requirement during establishment is approximately 10 gallons
per tree per week, or 396,000 gallons total per week. Therefore, total water requirement
for the first full growing season is estimated at approximately 9.9 to 13.86 million
gallons. In the event that water levels in Denton Creek are not sufficient to support
irrigation of the mitigation area, water will be transported to the site from offsite sources.
Fertilizing: Composite soil sampling (1 sample = 40 acres) will be conducted to
identify the need for fertilizer application prior to mitigation planting. Formulation and
application rate will be based on results of soil sample analysis. In addition, application
of fertilizer may be necessary in order to maintain the health and vigor of planted
seedlings. Selection of fertilizer formulation and method and rate of application will be
based on subsequent soil sample analysis, if necessary, and will be strictly supervised in
order to preserve the welfare of the seedlings.
Replanting: Maintenancle activities may include replanting of seedlings that fail to
establish during the initial plantings. Replanting will be performed such that the USACE
mandated seedling survival rate is maintained.
Control of Competing Vegetation: Maintenance activities will include the control of
encroaching vegetation that threatens the survival of planted seedlings. Control methods
may include manual or mechanical removal and/or limited application of herbicide(s).
Control of Wildlife/Livestock Damage: Periodic monitoring of the mitigation area
will include inspection for damage to seedlings due to wildlife and/or livestock damage.
If necessary, control methods may include fencing of the mitigation area, use of
repellants, and trapping of offending animals. All control methods will adhere to state
and federal regulations.
EXHIBIT N
March 16, 2000
Mr. Charles Burger
Park Manager
U.S. Army Corps of Engineers
110 Fairway Drive
Grapevine, Texas 76051
Re: Corps Permit No. 199000483 — Lease No. DACW63-1-9-0552
TXU Request for Easement
Dear Mr. Burger:
This letter is to support the Texas Utilities (TXU) request for an easement across the
above referenced leased property. The easement is to be used to locate an overhead
electrical transmission line.
As you were previously advised, the requested easement is necessary in order to move
the proposed transmission line location away from the proposed Cowboys Golf Course
Clubhouse. It is felt by Evergreen Alliance Golf, Ltd. (EAGL) that the transmission lines
if.located in the existing easement, would be very unaesthetic and it is not economically
feasible to put the proposed transmission lines underground, although the electrical
service to the clubhouse will be underground.
The proposed new easement location has been reviewed by the City's environmental
consultant (Freese & Nichols, Inc.) for impacts and possible mitigation requirements.
The results of that review are contained in the enclosed memorandum. The golf course
developer has agreed to the additional mitigation requirements described in the
memorandum.
Given the critical nature of the negative impacts of the overhead transmission lines to
the Cowboys Golf Course project, the City does not object to the granting of the
easement and urges USACE to grant the easement so that the project can move
forward in a timely manner.
Should you need any additional information or assistance in this regard, please do not
hesitate to contact me or Mr. William A. Gaither, the City's Director of Administrative
Services at 817-410-3113.
EXHIBIT `1
Administrative Services • 200 South Main Street • Grapevine, Texas 76051 • 817-410-3113 9 Fax 817-410-3005
Thank you for your assistance with this matter.
Sincerely,
Roger Nelson
City Manager
c: William A. Gaither
Jeff Lewin
Dana Crissey, TXU
Steve Watters
Jim Smith
H:CorpsTXU
EXHIBIT o
.,
FREESE • NICHOLS
MEMORANDUM
TO: William A. Gaither, City of Grapevine
FROM: Steven P. Watters, PWS
Simon W. Freese, P.E.
Marvin C. Nichols, P.E.
SUBJECT: Proposed Texas Utilities (TX[7) Easement at Cowboys Golf Course
DATE: . March 7, 2000
Field surveys of the proposed TXU easement were conducted by Ken Laterza on February 19 and
March 3, 2000. The results of the survey indicate that no wetlands or other waters of the U.S. will
be affected by installation and maintenance of utilities in the easement. Approximately two-thirds
of the 600+/- foot easement will traverse the area previously authorized by the Corps of Engineers
for construction of the Cowboys Golf Club (GC) parking lot and maintenance area. The remaining
area, which lies west of the existing entrance road to the City's water treatment plant and east of
Grapevine Dam, contains scattered trees ranging up to 5 inches in diameter.
A total of 20 trees with diameters of three inches or larger will be impacted in the area not previously
slated for disturbance by golf course construction (Table 1). The combined caliper inches of impact
for these 20 trees is approximately 33 inches. The Corps will likely require mitigation for the trees
removed based on an inch -per -inch replacement for the three-inch and larger trees. On that basis,
an appropriate mitigation proposal would be to replace the lost trees by planting 11 hard mast trees
with three-inch diameter stems nearby on Corps property. Suitable hard mast species for the area
include, but are not limited to, Shumard oak (Quercus shumardir), bur oak (Q. macrocarpa), and
pecan (Carya illinoensis). The Corps is also likely to require maintenance and monitoring for the
planted trees, possibly including 100 percent survival at the end of two growing seasons.
FREESE AND NICHOLS ! 4055 INTERNATIONAL PLAZA, SUITE 200 ! FORT WORTH, TEXAS 76109-4895 EXHIBIT
TELEPHONE: 817-735-7300 ! METRO: 817-429-1900 ! FAX: 817-735-7491
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