Loading...
HomeMy WebLinkAboutItem 17 - Dove Loop RoadMEMO TO: FROM: MEETING DATE: SUBJECT: RECOMMENDATION: ITEM it HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROGER NELSON, CITY MANAGE* AUGUST 21, 2001 CORPS OF ENGINEERS MEMORANDUM OF UNDERSTANDING (MOU) — DOVE LOOP ROAD City Council consider approving the Memorandum of Understanding (MOU) with the U.S. Army Corps of Engineers relative to the City's intent to obtain easements across Corps property to construct the Dove Loop Road project, authorize staff to forward payment to the Corps of Engineers in the amount of $17,000.00, and take any necessary action. I,VI P119 I&T01i Funds are available in the following accounts: Fundina Source Account Amount Award Percent Peripheral Fees 178-21524-000 $31,476 0.3% 99 GO Bond 178-78103-010 $1,100,156 $17,000 9.5% 00 GO Bonds 178-78101-011 $66,964 0.5% Future Bonds $10,390,650 89.7% TOTAL $11,589,246 $17,000 100% Budget Amount Award Percent Engineering $1,091,100 $17,000 9.4% ROW $66,850 0.6% Construction $8,379,216 72.3% Contingency $2,052,080 17.7% TOTAL $11,589,246 $17,000 100% BACKGROUND: The Memorandum of Understanding addresses requirements imposed by the Corps of Engineers for the City's planned extension of Dove Loop Road across Corps of Engineer's property at Lake Grapevine. To obtain Corps' approval, the City must comply with the requirements of the National Environmental Policy Act (NEPA), which August 15, 2001 (12:18PM) includes the preparation of an Environmental Assessment (EA) to address the impacts of the proposed roadway across the Corps of Engineer's property. The City has two options under this Memorandum of Understanding. The City can forward $17,000.00 to the Corps of Engineers and provide the Corps of Engineers with an Environmental Information Document (EID) or the City can forward $32,000.00 to the Corps of Engineers and the Corps will prepare their own Environmental Information Document. The City's current contract with Huitt-Zollars for the design of this project includes preparation of the Environmental Information Document necessary for the Corps to process an Environmental Assessment of the proposed improvements. Therefore, the first option is the best option for City and the Corps. With this approach, the City relieves the Corps of Engineers staff of having to produce all of the information necessary for the Environmental Assessment to be processed. Staff recommends approval. JSL/dsm 0:\agenda\0821 01\COE—MOU—DOVELOOPRD.agm August 15, 2001 (12:18PM) DEPARTMENT OF THE ARMY FORT WORTH DISTRICT, CORPS OF ENGINEERS P. 0. BOX 17300 FORT WORTH, TEXAS 76102-0300 MEMORANDUM OF UNDERSTANDING BETWEEN 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 to obtain the easement to construct the Dove Loop Extension across USACE property at Grapevine Lake, Texas. Because this 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 easement can be made by USACE until all actions necessary for compliance with NEPA have been accomplished. The NEPA process involves preparation of an Environmental Assessment (EA) that results in either a Finding of No Significant Impact (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 of Grapevine 's request exceed the authority of operations and maintenance funding provided to Grapevine Lake for authorized purposes. This MOU provides the means by which the USACE and the City of Grapevine 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 of Grapevine for support of the environmental, operations, and real estate actions involved in the sponsor's request for the aforementioned activities associated with the development of the four -lane road construction project on property at Grapevine Lake which the USACE has an interest. 3. Reference. 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 outgrants by USACE. 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 the NEPA. It is understood that the City of Grapevine may select a private firm to generate an Environmental Information Document (EID) to facilitate compliance with NEPA. Compliance with NEPA begins with the preparation by the USACE of the EA 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 Natural Resource Conservation Commission, 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 of Grapevine. 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 of Grapevine for support of the USACE efforts is made in a Government Estimate (Attachment B). As reflected in both the SOW and Government Estimate, the City of Grapevine has the option of providing the USACE with an EID or having the USACE prepare the EA in its entirety with project information to be provided by the City of Grapevine. The cost estimates are $17,000 for the EID option and $32,000 for the EA option. The dollar amounts set forth in this MOU are based upon the Government's best estimates, which reflect the scope of the effort, projected costs, price -level changes, and anticipated inflation. Support funds in the form of a single lump sum will be disbursed as a check made out to: Finance and Accounting Officer USAED, Fort Worth and must have "Advance Account No. 295" written on the check. The check will be mailed to: ` U.S. Army Corps of Engineers USACE Finance Center ATTN: CEFC-AO 5722 Integrity Drive Millington, TN 38054-5005 Telephone: (901) 874-7854 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 of Grapevine for any excess funds. d. Agency Coordination. Unless otherwise indicated in writing, the Corps points of contact for this project are: NEPA Technical Manager, Planning, Environmental & Regulatory Division (Environmental Resources Section) Mr. Jeff Tripe, U. S. Army Corps of Engineers, ATTN: CESWF-PER-EE, P.O. Box 17300, Fort Worth, TX 76102-0300, (817) 978-6392 Operations Division, Mr. Don Wiese, U. S. Army Corps of Engineers, ATTN: CESWF-OD-R, P.O. Box 17300, Fort Worth, TX 76102-0300, (817) 978-2707 Grapevine Lake Office: Mr. Lee Hunt, U.S. Army Corps of Engineers, CESWF-OD-GR, Route 1, Box 10, Grapevine, Texas 76051-0127, (817) 481-4541 Real Estate Division, Mr. Rich Adamson, U. S. Army Corps of Engineers, ATTN: CESWF- RE-MM, P. O. Box 17300, Fort Worth, TX 76102-0300, (817) 978-2094. e. In the event that the EA 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 USACE (and the City of Grapevine will discuss the implications of such a finding, and reevaluate the technical services to be provided by the USACE and all associated costs. f. Construction activities associated with each proposed project in an EA will not begin until all Federal requirements have been met, the City of Grapevine has been notified in writing by the USACE of project approval, and an easement has been granted to the City of Grapevine by USACE. g. For natural and cultural resources disturbed by the construction, a mitigation plan shall be submitted by the City of Grapevine for consideration by the USACE and for inclusion in the EA. 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. h. It is understood that should the proposed project enter the construction phase, the City of Grapevine will be responsible for compliance with all Federal, State, and/or local laws pertaining to protection of cultural or natural resources. This will include excavation and/or mitigation actions for any known cultural or natural resources, or those that might be unearthed during construction. 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. Date HYLA J. HEAD Chief, Real Estate Division 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 of Grapevine 's request for an easement to construct the Dove Loop Extension across Corps land at Grapevine Lake, Texas. I am aware that the proposed action requires compliance with the National Environmental Policy Act of 1969, as amended. The City of Grapevine is requesting the (EID or EA) Option for NEPA compliance. Jerry L. Hodge Director of Public Works City of Grapevine 3 Date ATTACHMENT A SCOPE OF WORK FOR ENVIRONMENTAL ASSESSMENT NECESSARY FOR NEPA COMPLIANCE AND OTHER CORPS ACTIONS ASSOCIATED WITH THE CONSTRUCTION OF DOVE LOOP EXTENSION AT GRAPEVINE LAKE, DENTON, TARRANT COUNTIES, TEXAS 1.0 INTRODUCTION: The City of Grapevine (herein referred to as the Sponsor) has requested an easement for construction of a four -lane roadway across Corps land at Grapevine Lake. The proposed project would include construction of 6,300 linear feet of four -lane roadway in 80 feet of right-of-way, bridges over Farris and Morehead Branches, realignment of Park Road 1 to connect to the Dove Loop extension, as well as, water, wastewater, storm water, landscaping, irrigation and signalization improvements. Portions of this construction will cross the flowage easement below elevation 572 feet on USAGE property and will require a Consent to Easement Structures from the Corps. The proposed roadway would cross Corps property lying along both sides of Farris and Morehead Branches in the southeastern area of Oak Grove Park and the southwestern area of Silver Lake Park. The roadway would extend Dove Road from the intersection of Dove Road and Dove Loop to the east where it would eventually merge with State Highway Business 114. The width of the proposed right-of-way easement is 80 feet. -foot wide construction area has been requested. The Additionally, the use of a temporary 20 aforementioned features of the project would require real estate instruments between the Corps and the Sponsor and would be considered a Federal action requiring compliance with the National Environmental Policy Act of 1969, as amended (NEPA). 2.0 PURPOSE: The NEPA requires agencies of the Federal Government to analyze, and make available to the public, information on any environmental impacts of its proposed actions. The Council on Environmental Quality issued regulations governing this process (40 CFR 1500- 1508). These regulations are based on NEPA and Executive Order 11514 and 11991 which provide Presidential direction to Federal agencies to implement NEPA's requirements. Environmental Regulation (ER) 200-2-2 provides guidance for implementation of the procedural provisions of NEPA for the Civil Works Program of the U.S. Army Corps of Engineers (USACE). 3.0 SCOPE OF WORK: The objective of this effort can be met by the USACE team by means of one of two options for the environmental phase of this action. The level of effort on behalf of the USACE will vary depending on which option the Sponsor chooses. Sections 3.1 and 3.2 outline these two options. The USACE efforts will include, but are not limited to, the following: 3.1 Environmental Information Document Option. 3.1.1 Under this option, the Sponsor shall provide analysis of potential environmental impacts from the proposed action and alternatives in an Environmental Information Document (EID); such analysis shall be performed using data from natural and cultural resource surveys performed specifically for the proposed projects by the Sponsor. Additional information in the EID will be provided through communication with other Federal and state resource agencies. The EID 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 necessary EA from the EID provided by the Sponsor. i 3.1.2 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 Natural Resource Conservation Commission (TNRCC), and State Historic Preservation Office (SHPO). 3.1.3 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 Section 1 of this Scope of Work, and if necessary meet with representatives from the Sponsor and other resource agencies. 3.1.4 Real Estate Division shall perform the following tasks: 3.1.4.1 Records search and review and completion of Report of Availability and Determination of Availability. 3.1.4.2 Review and verification of plat and legal description 3.1.4.3 Draft outgrants and complete action. 3.1.5 Operations Division shall perform the following tasks: 3.1.5.1 Lake Office: Provide on support for the various District elements and the Sponsor. 3.1.5.2 District Office: Act as Point of Contact for the action. Provide coordination between the Sponsor and other Corps elements and assures that all documentation is provided for the proposed action. 3.2 Environmental Assessment Option. 3.2.1 Under this option, the USACE will prepare the necessary EA using the baseline environmental and archaeological data collected by USACE along with project data to be provided to the USACE by the Sponsor. The EA will contain an environmental analysis of the proposed action and alternatives as specified in ER 200-2-2. 3.2.2 NEPA Coordination: Coordination of environmental activities within the USACE, and with outside resource agencies, shall be the responsibility of the NEPA Technical Manager. Outside resource agencies which will require coordination are: USFWS, EPA, TPWD, TNRCC and SHPO. 3.2.3 Site Visit: USACE team members, consisting of personnel from the Planning, Environmental and Regulatory Division, Operations Division, and Real Estate Division shall make a thorough inspection of the proposed sites for activities indicated in Section 1 and if necessary meet with representatives of the Sponsor once the inspection has been completed. 3.2.4 Real Estate Division tasks for this option shall be the same as listed for the previous option in section 3. 1.4 of this Scope of Work (SOW). 3.2.5 Operations Division tasks for this option shall be the same as listed for the previous option in section 3.1.5 of this SOW. 3.2.6 Planning, Environmental, and Regulatory Division, Cultural Branch shall provide a cultural resource survey of the proposed action. 4.0 SPECIAL CONSIDERATIONS: 4.1 The Government will grant any licenses required for environmental documentation. 4.2 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 Sponsor shall obtain required authorization from the USACE. 4.3 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 an EID. 4.4 The EID and EA will consider and evaluate all feasible alternatives to the proposed action. The feasibility of alternatives put forth in the EID will be at the determination of the Corps NEPA Technical Manager. 4.5 The Sponsor shall provide the plat and legal description to the USACE Real Estate Division. 4.6 The Sponsor shall be responsible for compliance with The Clean Water Act (CWA) of 1977. Compliance issues shall be discussed in the EA. Section 404 of the CWA regulates development in or near streams and wetlands which would result in discharge of dredge or fill. A permit must be obtained by the Sponsor from the USACE, Regulatory Branch, prior to such activities. Under authority of the CWA, the Environmental Protection Agency (EPA) is responsible for issuing permits to control storm water discharges that affect five 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 Sponsor. 4.7 If in the event that the level of public controversy 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 additional funding requirements to complete associated tasks. 4.8 All relevant environmental concerns will be addressed in the final easements. 5.0 POINTS OF CONTACT: The following persons shall be considered key personnel for the proposed project. 5.1 NEPA Technical Manager, Planning, Environmental, & Regulatory Division (Environmental Resources Section) Mr. Jeff Tripe, U. S. Army Corps of Engineers, ATTN: CESWF-PER-EE, P.O. Box 17300, Fort Worth, TX 76102-0300, (817) 978-6392 5.2 Operations Division: Mr. Don Wiese, U.S. Army Corps of Engineers, CESWF-OD-R, P.O. Box 17300, Fort Worth, Texas 76102-0300, (817) 978-2707. 5.3 Grapevine Lake Office: Mr. Lee Hunt, U.S. Army Corps of Engineers, CESWF-OD-GR, Route 1, Box 10, Grapevine, Texas 76051-0127, (817) 481-4541 5.4 Real Estate Division: Mr. Rich Adamson, CESWF-RE-MM, P.O. Box 17300, Fort Worth, Texas 76102-0300, (817) 978-2094. ATTACHMENT B GOVERNMENT ESTIMATE FOR ENVIRONMENTAL ASSESSMENT NECESSARY FOR NEPA COMPLIANCE ASSOCIATED WITH THE DOVE LOOP EXTENSION AT GRAPEVINE LAKE, DENTON, TARRANT COUNTIES, TEXAS EID Option Planning, Environmental, & Regulatory Division Real Estate Division Operations Division Travel Total Cost of EID Option EA Option Planning, Environmental, & Regulatory Division Real Estate Division Operations Division Travel and Per Diem Total Cost of EA Option $11,500.00 3,000.00 2,000.00 500.00 $17,000.00* $24,000.00 3,000.00 4,000.00 1,000.00 $32,000.00* *Costs are estimated. Any unused funds will be returned to the City of Grapevine.