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HomeMy WebLinkAboutItem 08 - Trinity River Mitigation Bank CreditsMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MEETING DATE: OCTOBER 15, 2013 SUBJECT: PURCHASE OF TRINITY RIVER MITIGATION BANK CREDITS — RUSTIC DRIVE CHANNEL IMPROVEMENTS RECOMMENDATION City Council consider entering into a credit sales agreement with the Trinity River Mitigation Bank, L.P. in the amount of $98,000 to mitigate the environmental impact of the Rustic Drive Culvert Project, authorize staff to execute said credit sales agreement, and take any necessary action. FUNDING: Funds are programmed in account 116- 48941 - 535 -1- 000013. BACKGROUND: In July 2012, the City Council instructed staff to develop plans to construct drainage improvements for the Rustic Drive drainage channel. The scope of the project was to eliminate the eroded and unsightly channel that was a home for mosquitos and rodents by constructing an underground culvert system in its place. This large -scale project required a U.S. Army Corps of Engineers (USACE) Section 404 Permit under the Federal Clean Water Act. City staff has been coordinating the development of this project with the Corps of Engineers staff since December, 2012. After several USACE reviews and a public notice period, staff received the approved Section 404 permit on September 30, 2013. Under the terms of the Section 404 Permit, the City of Grapevine is required to provide compensatory mitigation for the unavoidable adverse environmental impacts of the project. The City may provide restoration through the planting of trees, shrubs and native grasses on private property as well as establish a deed restricted wetland area with perpetual maintenance, monitoring and reporting, or the City may purchase an appropriate number and type of mitigation credits from any USACE Fort Worth District approved mitigation bank. Staff has determined that purchasing mitigation credits is the recommended route in light of the responsibilities we would be assuming in perpetuity if we chose to mitigate the impacts RAAGENDA\2013 \10 -15 -13 \Rustic Mitigation purchase.doc ourselves, such as permit; construction /installation; inspection; deed restriction; monitoring; and reporting to Corps staff. The Trinity River Mitigation Bank, LTD. has been identified as the most economical USACE- approved mitigation bank and has quoted the cost of the required mitigation credits to be $98,000. Staff considers the cost of mitigation credits to be fair and reasonable. Staff received another quote from the South Fork Trinity River Mitigation Bank in the amount of $170,000. Utilization of Corps of Engineers approved Mitigation Banks is the Corps' preferred route for mitigation to insure that the mitigation is installed and maintained in an acceptable manner by qualified professionals to insure positive results. Staff recommends approval. RAAGENDA\2013 \10 -15 -13 \Rustic Mitigation purchase.doc DEPARTMENT OF THE ARMY FORT WORTH DISTRICT, CORPS OF ENGINEERS P.O. BOX 17300 FORT WORTH, TEXAS 76102 -0300 TO ITION OF September 26, 2013 Planning, Environmental, and Regulatory Division Regulatory Branch SUBJECT: Project Number SWF- 2012 - 00514, Rustic Drive Drainage Improvement Project Mr. John Robertson City of Grapevine Development, Engineering and Construction Manager P.O. Box 95104 Grapevine, Texas 76099 Dear Mr. Robertson: You are hereby authorized under Section 404 of the Clean Water Act to discharge dredged and fill material into waters of the United States associated with the Rustic Drive Drainage Improvement Project located near Rustic Drive, in the City of Grapevine, Tarrant County, Texas, in accordance with Permit Number SWF- 2012 - 00514. A copy of the permit is enclosed. To use this permit, the person responsible for the project must ensure that the work is conducted in accordance with the terms and conditions of the permit. We caution you to submit revised drawings to us for approval prior to construction should any changes be found necessary in either the location or plans for the work. Approval of revised plans may be granted if they are found not contrary to the public interest. This permit should not be considered as an approval of the design features of any structure 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. We appreciate your interest in our nation's water resources, and your cooperation in complying with our regulatory program. If you have questions in the future, please contact Mr. Frederick Land at the address above or telephone (817) 886 -1729. Sincerely, Stephen L Brooks Chief, Regulatory Branch Enclosures Special Conditions Permit Number SWF- 2012 -00514 1. The permittee shall implement and abide by the mitigation plan titled "Mitigation Plan" prepared by Integrated Environmental Solutions, dated 3 June 2013. The permittee shall implement the mitigation plan prior to commencing any ground - disturbing activity within waters of the United States. 2. The permittee shall debit 5.6 credits from the Trinity River Mitigation Bank in compliance with the provisions of the "Mitigation Banking Instrument Agreement, Trinity River Mitigation Bank, Ltd., Tarrant County, Texas, Permit Application No.: 199800370," dated February 2001, revised August 2002. This debit shall compensate off -site for unavoidable adverse project impacts that would not be compensated for by on -site mitigation. The permittee shall complete the mitigation bank transaction and provide documentation to the USACE that the transaction has occurred prior to commencing any ground- disturbing activity within waters of the United States.