City of Dallas - Corps of Engineers Project Number SWF ... · Under Section 404 of the Clean Water...

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DEPARTMENT OF THE ARMY FORT WORTH DISTRICT, CORPS OF ENGINEERS P. 0. BOX 17300 FORT WORTH, TEXAS 76102-0300 September 29, 2015 Regulatory Division SUBJECT: Project Number SWF-2015-00398, Trinity Forest Golf Course Mr. John Helton Company of Trinity Forest Golfers 1601 Elm Street, Suite 3110 Dallas, Texas 75201 Dear Mr. Helton: This letter is in regard to information received on August 18, 2015, concerning a proposal by the Company of Trinity Forest Golfers to install approximately 30,000 linear feet of wildlife fencing around a remediated landfill with golf course located in the City of Dallas, Dallas County, Texas. This project has been assigned Project Number SWF-2015-00398. Please include this number in all future correspondence concerning this project. Under Section 404 of the Clean Water Act the U.S. Army Corps of Engineers (USAGE) regulates the discharge of dredged and fill material into waters of the United States, including wetlands. USAGE responsibility under Section 10 of the Rivers and Harbors Act of 1899 is to regulate any work in, or affecting, navigable waters of the United States. Based on the description of the proposed work, and other information available to us, we have determined this project will involve activities subject to the requirements of Section 404. The USACE based this decision on a preliminary jurisdictional determination that there are waters of the United States on the project site. We have reviewed this project under the pre-construction notification procedures of Nationwide Permit General Condition 31 (Federal Register, Vol. 77, No. 34, Tuesday, February 21, 2012). We have determined this project is authorized by Nationwide Permit 18 for Minor Discharges. To use this permit, the person responsible for the project must ensure the work is in compliance with the specifications and conditions listed on the enclosure. Additionally, all activities must comply with the water quality certification conditions of the Texas Commission on Environmental Quality (TCEQ) located at http://www. !ceq. texas.gov/assets/pu blic/permittingfassess/401 cert/NWPcert. pdf. Failure to comply with these specifications and conditions invalidates the authorization and may result in a violation. Our verification for the construction of this activity under this nationwide permit is valid until March 18, 2017, unless prior to that date the nationwide permit is suspended, revoked, or modified such that the activity would no longer comply with the terms and conditions of the nationwide permit on a regional or national basis. The USACE will issue a public notice announcing the changes when they occur. Furthermore, activities that have commenced, or are under contract to commence, in reliance on a nationwide permit will remain authorized provided

Transcript of City of Dallas - Corps of Engineers Project Number SWF ... · Under Section 404 of the Clean Water...

DEPARTMENT OF THE ARMY FORT WORTH DISTRICT, CORPS OF ENGINEERS

P. 0. BOX 17300 FORT WORTH, TEXAS 76102-0300

September 29, 2015

Regulatory Division

SUBJECT: Project Number SWF-2015-00398, Trinity Forest Golf Course

Mr. John Helton Company of Trinity Forest Golfers 1601 Elm Street, Suite 3110 Dallas, Texas 75201

Dear Mr. Helton:

This letter is in regard to information received on August 18, 2015, concerning a proposal by the Company of Trinity Forest Golfers to install approximately 30,000 linear feet of wildlife fencing around a remediated landfill with golf course located in the City of Dallas, Dallas County, Texas. This project has been assigned Project Number SWF-2015-00398. Please include this number in all future correspondence concerning this project.

Under Section 404 of the Clean Water Act the U.S. Army Corps of Engineers (USAGE) regulates the discharge of dredged and fill material into waters of the United States, including wetlands. USAGE responsibility under Section 10 of the Rivers and Harbors Act of 1899 is to regulate any work in, or affecting, navigable waters of the United States. Based on the description of the proposed work, and other information available to us, we have determined this project will involve activities subject to the requirements of Section 404. The USACE based this decision on a preliminary jurisdictional determination that there are waters of the United States on the project site.

We have reviewed this project under the pre-construction notification procedures of Nationwide Permit General Condition 31 (Federal Register, Vol. 77, No. 34, Tuesday, February 21, 2012). We have determined this project is authorized by Nationwide Permit 18 for Minor Discharges. To use this permit, the person responsible for the project must ensure the work is in compliance with the specifications and conditions listed on the enclosure. Additionally, all activities must comply with the water quality certification conditions of the Texas Commission on Environmental Quality (TCEQ) located at http://www. !ceq. texas.gov/assets/pu blic/permittingfassess/401 cert/NWPcert. pdf. Failure to comply with these specifications and conditions invalidates the authorization and may result in a violation.

Our verification for the construction of this activity under this nationwide permit is valid until March 18, 2017, unless prior to that date the nationwide permit is suspended, revoked, or modified such that the activity would no longer comply with the terms and conditions of the nationwide permit on a regional or national basis. The USACE will issue a public notice announcing the changes when they occur. Furthermore, activities that have commenced, or are under contract to commence, in reliance on a nationwide permit will remain authorized provided

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the activity is completed withm 12 months of the date of the nationwide permit's expiration. modification, or revocation, unless discretionary authority has been exercised on a case-by­case basis to modify, suspend, or revoke the authorization in accordance w1th 33 CFR 330.4(e) and 33 CFR 330 5(c) or (d). Continued confirmation that an activity complies with the specifications and conditions. and any changes to the nationwide permit. is the responsibility of the permittee.

Our review of this project also addressed its effects on threatened and endangered species Based on the information provided, we have determined this project will not affect any species listed as threatened or endangered by the U S Fish and Wildlife Service w1thin our permit area However. please note you are responsible for meeting the requirements of General Condition 18 on endangered species

The permittee must sign and submit to us the enclosed certification that the work, including any proposed mitigation, was completed in compliance with the nationwide permit. The permittee should submit the certification within 30 days of the completion of work

This permit should not be considered as an approval of the design features of any activity authorized or an implication that such construction is considered adequate for the purpose intended. It does not authorize any damage to private property, invas1on of property r'lghts. or any infringement of federal, state, or local laws or regulations.

Thank you for your interest in our nation's water resources. If you have any questions concerning our regulatory program, please refer to our website at httpJ/www.swf.usace.army.mii/Missions/Regulatory.aspx or contact Mr. Steve D. Lindamood at the address above or telephone 817-886-1670.

Please help the regulatory program improve its service by completing the survey on the following website· http'l/corpsmaru usace armv millcm_apex/f?p=regulatory_survey

Sincerely,

!<>f· Stephen L Brooks Chief, Regulatory Division

Enclosure

Copy Furnished (w1th enclosures)

Ms. Susan G. Alvarez Trinity Watershed Management City of Dallas 1601 Elm Street, Suite 310 Dallas. Texas 75201

Ms. Susan G. Alvarez Trinity Watershed Management City of Dallas 1500 Marilla Avenue, Room 6BS Dallas, Texas 75203

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PERMIT COMPLIANCE CERTIFICATION

U.S. Army Corps of Engineers Project Number: SWF-2015-00398, NWP 18

Name of Permittee: Company of Trinity Forest Golfers, Mr. John Helton, 1601 Elm Street, Dallas, Texas 75201

Date of Issuance: September 29, 2015

Project: Trinity Forest Golf Course Fence Project

Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address:

Regulatory Division CESWF-DE-R U.S. Army Corps of Engineers P.O. Box 17300 Fort Worth, Texas 76102-0300

Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation.

I hereby certify that the work authorized by the above referenced permit was completed In accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions.

Signature of Permittee Date

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NATIONWIDE PERMIT 18 Minor Discharges

Effective Date: March 19,2012 (NWP Final Notice, 77 FR 10184)

Minor Discharges. Minor discharges of dredged or fill material into all waters ofthe United States, provided the activity meets all of the following criteria:

(a) The quantity of discharged material and the volume of area excavated do not exceed 25 cubic yards below the plane of the ordinary high water mark or the high tide line;

(b) The discharge will not cause the loss of more than 1110-acre of waters of the United States; and

(c) The discharge is not placed for the purpose of a stream diversion. Notification: The permittee must submit a pre-construction notification to the district

engineer prior to commencing the activity if: (I) The discharge or the volume of area excavated exceeds I 0 cubic yards below the plane of the ordinary high water mark or the high tide line, or (2) the discharge is in a special aquatic site, including wetlands. (See general condition 31.) (Sections 10 and 404)

Nationwide Permit General Conditions

Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR §§ 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR § 330.5 relating to the modification, suspension, or revocation of any NWP authorization.

I. Navigation. (a) No activity may cause more than a mhi.imal adverse effect on navigation.

(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States.

(c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

Bl'yan ·w. Shaw, Ph.D., Chai1•man Buddy Garci•, Commissioneo· Carlos Rubinstein, Commissioner Marl< R. Vlcl<ery, P.G., Execnti"" Direcln>'

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Protecting Texas by Reducing and Pl'eVenting PoUutioll

April 5, 2012

Ms. KristiN. McMillan Galveston District CESWG-PE-RE U.S. Army Corps of Engineers P.O. Box 1229 Galveston, Texas 77553-1229

Re: USACE Nationwide Permits

Dear Ms. McMillan:

This letter is in response to your January 23, 2012, letter requesting Clean Water Act Section 401 certification of the United States Army Corps of Engineers (Corps) Nationwide Permits (NWPs). The Final Notice of Reissuance of Nationwide Permits was published in the Fedt::_~:)} Register (Vol. 77, No. 34, pages 10184-10290) on February 21, 2012. Proposed regional conditions for NWPs in Texas were proposed in public notices on February 24, 2011 and November 14, 2011.

The Texas Commission on Environmental Quality (TCEQ) has reviewed the Final Notice of Rcissuance of Nationwide Pennits and the proposed regional conditions. On behalf of the Executive Director and based on our evaluation of the infonnation contained in these documents, the TCF.Q certifies that the activities authorized by NWPs 1, 2, 4, 5, 8, 9, 10, 11, 20, 23, 24, 28, 34, 35, and 48 should not result in a violation of established Texas Surface Water Quality Standards as required by Section 401 of the Federal Clean Water Act and pursuant to Title 30, Texas Administrative Code, Chapter 279.

The TCEQ conditionally certifies that the activities authorized by NWPs 3, 6, 7, 12, 13, 14, 15, 17,18,19,2~22,25,27,29,30,3~32,33,36,3h38,39,40,41,42,43,44,45,46,49,50,51 and 52 should not result in a violation of established Texas Surface Water Quality Standards as required by Section 401 of the Federal Clean Water Act and pursuant to Title 30, Texas Administrative Code, Chapter 279. Conditions for each NWP are defined in Enclosure 1 and more detail on specific conditions are discussed below.

The TCEQ understands that a prohibition against the use ofNWPs in coastal dtme swales will be included in the 2012 Texas Regional Conditions (Regional Conditions) for all NWPs, except for NWP 3. Inclusion of a prohibition of using NWPs in coastal dune swales, except for NWP 3, is a condition of this 401 TCEQ certification.

P.O. Box 13087 • Austin, Texas 78711-3087 o 512-239-1000 o www.tceq,texas.,gov

How is our CJIStomer service? www.tceq. texaJJ.govfgoto/ custommmrvey ,.,uol. d "" ,~, v· r. .. 1 ,,,,,, ·o ll·.lu•r'."'-~ !•.•· o•ol111l

August 15, 2015

Mr. David E. Madden, SWF Fort Worth District U.S. Army Corps of Engineers 819 Taylor Street, Room 3A37 P.O. Box 17300 Fort Worth, Texas 76102-0300

CITY OF DALLAS

Re: Trinity Forest Golf Course, Fencing Application for Clean Water Act Section 404 Coverage under Nationwide Permit No. 18

Dear Mr. Madden,

Please see the attached application for coverage under the Clean Water Act Section 404 Nationwide Permit Number 18, Minor Discharges. Correspondence with Corps staff suggested using the NWP Permit Number 39 form for this application, as there is no NWP 18 Application available, and the data necessary to make this designation would be similar.

The permit request is for a project to place approximately 8,256 lineal feet of chain fink and habitat fencing around an approximate 400 acre remediated landfill with golf course as the landfill cover. The fencing is necessary to protect the cover, and related golf course from damage from foraging feral hogs. While field located to avoid large trees and minimize impacts to wetland areas, a portion of the fence passes through forested wetlands. The identified impacts would be about 0.01 acres of till in the wetlands associated solely with the fence post foundations.

The project meets the requirements for NWP 18, as it does not involve fill of more than 25 cubic yards of material below the Ordinary High Water Mark, or High Tide Una, it does not involve stream diversion, and it impacts less than 1/1 O'" of an acre of wetlands.

The fencing will be constructed under supervision of the Company of Trinity Forest Golfers (CTFG), who have formal approval by the City for related site permits (also attached)_ The CTFG has a long-term lease of the property with the City. Please contact the project proponent listed on the application should you have questions. or need additional Information concerning this

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~::::/:!~~2 Trinity Watershed Mana ment Interim Assistant Directo , ain Management

Attachments

u.s. Army Corps> of Engineers (USACE) Fort Worth District Nationwide Permit (NWP) Pre-Construction Notification (PCN) Form This form Integrates requirements of the Nationwide Petmlt Program within the Fort Worth District, including General and Regional Conditions. Please consult instructiollS included at the end prior to completing thfs, form. Contents • Description of NWP 39 • Part 1: NWP Conditions and Requirements Checklist o General Conditions Checklist

o NWP 39-Speclflc Requirements Checklist o Regional Conditions Checklist • Part II: Project Information Form • Part III: Project Impacts and Mitigation Form • Part IV: Attachments Form • Instructions

DESCRIPTION OF NWP 39 -COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS Discharges of dredged or fill' material into non-tidal waters of the United States. (U.S.) for the construction or expansion of commercial and institutional building foundations and building pads and attendant features that are necessary for the use and maintenance of the structures. Attendant features may Include, but are not limited to,. roads, parking lots, garages, yards, utility lines, storm water management fadlities, and recreation facilities such as playgrounds and playing fields. Examples of commercial developments include retail stores, industrial fadlities, restaurants, business parks, and shopping centers. Examples of institutional developments include schools, fire stations, government office buildings, judicial buildings, public works buildings, libraries, hospitals, and places of worship. The construction of new golf courses, or new ski areas is not authorized by this NWP. The discharge must not cause the loss of greater than 1/2-acre of non-tidal waters of the U.S., Including the loss of no more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds this 300 linear foot limit is waived in writing by the district engineer. This NWP does not authorize discharges into non-tidal wetlands adjacent to tidal waters.

Part I: NWP Conditions and Requirements Checklist To ensure compliance with the General Conditions {GC), in order for an authorization by a NWP to be valid, please answer the following questions: 1. Navigation {Applies to Section 10 waters [i.e. navigable waters of the u.s . .], see instructiOn 4 for link to list): a. Does the p~ect cause more than a minimal adverse effect on navigation? 0 Yes 0 No 0 N/A

. b. Does the project require the installation and maintenance of any safety lights and signals prescribed !Y the U.S. Coast Guard on authorized facilities in navigable waters of the U.S.? 0 Yes ~ No 0 N/A c. Does the Applicant understand and agree that if future operations by the U.S. require the removal, relocation, or other alteration of the structure or work herein authorized, or if, in the Page 1 of 19

SVVF Recommended Application Form- NWP 39

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opinion of the -=-• etary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Applicant will be required, upon due notice from the USACE, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the U.S.; and no claim shall be made against the U.S. on account of any such removal or alteration? [8l Yes 0 No 0 N/A

If you answered yes to question a. or b. above, or if you answered no to question c. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application:

2. Aquatic Life Movements: a. Does the project substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, induding those species that normally migrate through the area? 0 Yes [8l No b. Is the project's primary purpose to impound water? 0 Yes C8J No c. Will culverts placed in streams be installed to maintain low tlow conditions to sustain the movement of those ~uatic species? 0 Yes 0 No ~ N/A

If you answered yes to question a. or b. above, or If you answered no to question c. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application:

3. Spawning Areas: a. Does the pro~ct avoid ~awning areas during the spawning season to the maximum extent practicable? ~Yes UNo 0 N/A b. Does the project result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area? 0 Yes 121 No 0 N/A

If you answered no to question a. above, or If you answered yes to question b. above, please explain how the project would be in compliance with this GC or be aware that the project would require an .individual permit application:

4. Migratory Bird Breeding Areas: a. Does the project avoid waters of the U.S. that serve as breeding areas for migratory birds to the maximum extent practicable? C8J Yes 0 No 0 N/A If you answered no to question a. above, please explain how the project would be in compliance with this GC or be aware that the project would require an IndiVidual permit application:

5. Shellfish Beds: a. Does the project occur in areas of concentrated shellfish populations? 0 Yes 0 No If you answered yes to question a. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application:

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6. Suitable Material: a. Does the p!Eject use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.)? 0 Yes [:?9 No b. Is the material used for construction or discharged in a water of the U.S. free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act)? f2J Yes 0 No If you answered yes to question a. above~ or if you answered no to question b. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application:

7. Water Supply Intakes: a. Does the project occur in the proximity of a public water supply intake? 0 Yes IS! No If you answered yes to question a. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application:

8. Adverse Effects From Impoundments: a. Does the project create an impoundment of water? 0 Yes [g) No b. If you answered yes to question a. above, are the adverse effects (to the aquatic system due to accelerating the passage .of water, and/or restricting its flow} minimized to the maximum extent practicable? 0 Yes 0 No 181 N/A · If you answered no to question b. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application:

9. Management of Water Flows: a. Does the project maintain the pre-construction course, condition, capacity, and location of open waters to the maximum extent practicable, for each activity, including stream channelization and storm water management activities? ~Yes 0 No b. Will the project be constructed to withstand expected high flows? rgj Yes 0 No c. Will the project restrict or impede the passage ofnormal or high flows? 0 Yes 181 No If you answered no to question a. or b. above, or if you answered yes to question c. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application:

10. Fills Within 100-Year Floodplains: a. Does the project comply with applicable FEMA·approved state or local floodplain management requirements? 181 Yes 0 No 0 N/A If you answered no to question a. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application:

11. Equipment: a. Will heavy equipment working in wetlands or mudflats be placed on mats, or other measures be taken to minimize soil disturbance? l2l Yes 0 No 0 N/A

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If you answered no to question a. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application:

12. Soil Erosion and Sediment Controls: a. Will the project use appropriate soil erosion and sediment controls and maintain them in effective operating condition throughout construction? 181 Yes 0 No b. Will all exposed soil and other fills, as well as any work below the ordinary high water mark or !!!9h tide line, be permanently stabilized at the earliest practicable date? [lg Yes 0 No c, Be aware that If work will be conducted within waters of the U.S., Applicants are encouraged to perform that work during periods of low-flow or no-flow.

If you answered no to question a. or b. above, please explain how the project would be In compliance with this GC or be aware that the project would require an individual penmit application:

13. Removal of Temporary Fills: a. Will temporary fills be removed in their entirety and the affected areas returned to pre· construction elevations? 0 Yes 0 No 0 N/A b. Will the affected areas be revegetated, as appropriate? [8] Yes D No 0 N/A If you answered no to question a. or b. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit a pplicatfon:

14. Proper Maintenance: a. Will any authorized structure or fill be properly maintained, induding maintenance to ensure public,safety? ~ Yes 0 No

If you answered no to question a. above, please explain how the project would be in compliance with this GC or be aware that the project would require an indlvid ual permit application:

15. Single and Complete Project: a. Does the Applicant certify that the project is a "single and complete project" as defined below? 181 Yes 0 No

Single and complete project: Single and complete linear project: A linear project is a project.constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which often Involves multiple crossings of one or more. waterbodies at separate and distant locations. The tenm "single and complete project" is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody) at a spedfic location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. However, individual channels in a braided stream or river, or indiVidual anms of a large, irregularly shaped

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wetland or lake, tiL., are not separate waterbodies, and crossings of such features cannot be considered separately. Single and complete non-linear oroject: For non-linear projects, the term "single and complete project'' Is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other assodation of owners/developers. A single and complete non-linear project must have independent utility (see definition of "independent utility'). Single and complete non-linear projects may not be "piecemealed" to avoid the limits in an NWP authorization.

Independent utility: Defined as a test to determine what constitutes a single and complete non-linear project in the Corps regulatory program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi-phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility.

16. Wild and Scenic River: There are no Wild and Scenic Rivers within the geographic boundaries of the Fort Worth District. Therefore, this GC does not apply.

17. Tribal Rights: a. Will the project or its operation impair reserved tribal rights, includiF!lk but not limited to, reserved water rights and treaty fishing and hunting rights? 0 Yes ~ No 0 N/A If you answered yes to question a. above, please explain how the project would be In compliance with this GC or be aware that the project would require an individual permit application:

18. Endangered Species (see also Box 8 in Part III): a. Is the project likely to directly or Indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or will the E!:_Oject directly or Indirectly destroy or adversely modify the critical habitat of such species? U Yes [8) No b. Might the project affect any listed species or designated critical habitat? 0 Yes 0 No c. Is any listed species or designated critical habitat in the vicinity of the project? 0 Yes t8l No d. If the project "may affectu a listed species or critical habitat, has Section 7 consultation addressing the effects of the proposed activity been completed? 0 Yes 0 No @ N/A

If you answered yes to question a. or b. or c. above, or if you answered no to question d. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit applicatJon:

19. Migratory Birds and Bald and Golden Eagles: Does the project have the potential to Impact nests, nesting sites, or rookeries of migratory birds, bald or golden eagles? 0 Yes !81 No 0 N/A

If you answered yes to question above, you are responsible for contacting the appropriate local office of the U.S. Ash and Wildlife Service to obtain any "take" permits required under the U.S. Page 5 of 19

SWF Recommended Application Form - NWP 39

Fish and Wildlife se, vtLe's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act.

20. Historic Properties {see also Box 9 in Part III): a. Does the project have the potential to cause effects to any historic properties listed, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified profJ"!rties? 0 Yes !8J No 0 N/A

If you answered yes to question a. above, please explain how the project would be in compliance with this GC or be aware that the project would require an individual permit application:

21. Discovery of Previously Unknown Remains and Artifacts: If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer or what you have round, and tv the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal and state coordination required to determine if the Items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

22. Designated Critical Resource Waters: a. Will the project impact critical resource waters, which include NOAA-designated marine sanctuaries, National Estuarine Research Reserves, state natural heritage sites, and outstanding national resource waters or other waters officially designated by a state as having particular environmental or ecological significance and identified tJy the district engineer after notice and opportunity for public comment? DYes ~ No If you answered yes to question a. above, tJe aware that discharges of dredged or fill material into waters of the U.S. are not authorized tJy NWP 39 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters.

23. Mitigation {see also Box 10 in Part III}: a. Will the project include appropriate and practicable m~ation necessary to ensure that adverse effects on the aquatic environment are minimal? !?SI Yes 0 No If you answered no to question a. above, please include an explanation in Box 10 of why no mitigation would be necessary In order to be in compJiance with this GC or be aware that the project would require an individual permit application.

24. Safety of Impoundment Structures: a. Has the impoundment structure been safely designed to co.!!!PIY with established state dam safety criteria or has it been designed by qualified persons? U Yes 0 No !8J N/A If you answered yes to question a above, non-federal applicants may be required to provide documentation that the design has been independently reviewed by similarly qualified persons with appropriate modifications to ensure safety. If you answered no, please include an explanation in Box 10 of why the structure Is exempt from state dam safety criteria or be aware that the project may require an individual permit application.

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25. Water Quality (see also Box 11 in Part IU): a. If in Texas, does the pro~ct comply with the conditions of the TCEQ water quality certification for NWP 39? [81 Yes UNo ON/A · b. If in "Indian Country," does the p!:2ject comply with the conditions of the EPA water quality certification for NWPs? 0 Yes UNo ~ N/A c. If in Louisiana, does the ...£f"Oject comply with the conditions of the LADEQ water quality certification for NWP 39? U Yes 0 No [g}NJA If you answered no to question a. or b. above, please be aware that the project would require an individual permit application.

26. Coastal Zone Management: The Fort Worth District does not cover any Coastal Zone; therefore, this GC does not apply.

27. Regional and Case-By-Case Conditions: See the Regional Conditions checklist below to ensure compliance with this GC. 28. Use of Multiple Nationwide Permits: a. Does the p!9)ect use more than one NWP for a single and complete project? DYes ~No

b. If you answered yes to question a. above, be aware that unless the project's acreage loss of waters of the U.S. authorized by the NWPs is below the acreage limit of the NWP with the highest specified acreage limit, no NWP can be issued and the project would require an individual permit application.

If you answered yes to question a. above, please explain how the project would be in compliance with this GC and what additional NWP number you intend to use: Project involves installing chain link fencing through forested wetlands, and typically would be implemented under NWP 18. Correspondence with the Fort Worth District suggested using this template.

29. Transfer of Nationwide Permit Verifications: a. Does the Applicant agree that If he or she sells the property associated with the nationwide permit verification, the Applicant may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate USACE district off1ce to vafldate the transfer? 0Yes 0No

30. Compliance Certification: a. Does the Applicant agree that if he or she receives the NWP verification from the USACE, they must submit a signed certification regarding the completed work and any required mitigation (!lle certification form Will be sent by the USACE with the NWP verification letter)? k8J Yes 0 No

31. Pre-Construction Notification:

a. Does the Applicant agree that he or she wit! not begin the project until either: 1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or 2) 45 calendar days have passed from the district engineer's receipt of the mmplete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or In the vicinity of the Page 7 of 19

SWF Recommended Application Form - NWP 39

project, or to m ..... , the Corps pursuant to general condition·2o that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there Is "no effect" on listed species or "no potential to cause effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see 33 CFR 330.4(g)) has been completed. [g) Yes 0 No

b. Does the Applicant agree that if the district or division engineer notifies the Applicant In writing that an individual permit is required within 45 Calendar days of receipt of a complete PCN, the A£elicant cannot begin the activity until an individual permit has been obtained? [g) Yes UNo

Page 8 of 19 SWF Recommended Applic.abon Form - NWP 39

'· To ensure complian.:..., with the NWP 39-specific requirements please answer the following questions:

1. Does the project involve the construction or expansion of commercial or institutional building foundations, building pads, or attendant features that are necessary for the use and maintenance

2.

3.

of the structures? 0 Yes [gJ No

If you answered no to question 1. above, be aware that discharges of dredged or fill material into waters of the U.S. are not authorized by NWP 39 and would require an individual permit application. Note: the construction of new golf courses and new ski areas is not authorized by NWP 39.

Does the p.!:9,iect cause the loss of greater than 1/2-acre of non-tidal waters of the U.S.? 0 Yes [t:J No

If you answered yes to question 2. above, be aware that discharges of dredged or fill material into waters of the U.S. are not authorized by NWP 39 and would require an individual permit application.

Does the p.!:9,iect cause the Joss of more than 300 linear feet of perennial stream bed? DYes ~No

If you answered yes to question 3. above, be aware that discharges of dredged or fill material into waters of the U.s. are not authorized by NWP 39 and would require an Individual permit application.

4. Does the project cause the loss of more than 300 linear feet of Intermittent or ephemeral stream bed? 0 Yes fZI No

s.

If you answered yes to question 4, above, be aware that the 300 linear foot limit must be waived in writing by the district engineer prior to the initiation of work in waters of the U.S., including wetlands in order for the project to be authorized by NWP 39 and otherwise would require an individual permit application.

Does the p.!:9,iect cause a discharge into non-tidal wetlands adjacent to tidal waters? 0 Yes lXI No ·

If you answered yes to question 5. above, be aware that discharges of dredged or fill material Into waters of the U.S. are not authorized by NWP 39 and would require an individual permit application.

Page 9 of 19 SWF Re<:ommended AppliCiltion Form • NWP 39

REGIONAL CONDITivo;,:S CHECKLIST To ensure compliance with the Regional Conditions within the Fort Worth District, in the State of Texas, in order for an authorization by a NWP to be valid, please answer the following questions (for projects in Texas only): 1. Will the project include required compensatory mitigation at a minimum one-for-one ratio for all special aquatic sites that exceed 1/10 acre and require pre-construction notification, and for all losses to streams that exceed 300 linear feet and require pre-construction notification (unless the appropriate District Engineer determines in writing that some other form of mitigation would be more environmentally appropriate and provides a project-specific waiver of this requirement)? 0 Yes 0 No [) N/A

If you answered no to question 1 above, be aware that the project would not be authorized by a NWP and would require an individual permit application.

2. Does the project involve a discharge Into habitat types that are wetlands (typically referred to as pitcher plant bogs) that are characterized by an organic surface soil layer and include vegetation such as pitcher plants (Sarracenia sp.), sundews (Drosera sp.), and sphagnum moss (Sphagnum sp.) or wetlands (typically referred to as bald cypress-tupelo swqmps) comprised predominantly of bald cypress trees ( Taxodium dlstichum), and water tupelo (Nyssa aquatica), that are occasionally or regularly flooded by fresh water with common associates including red maple (Acer rubrum), swamp privet (Forestiera acuminata), green ash (Fraxinus pennsytvanica), water elm (P/anera aquatica), lizard's tail {Saururus cemuuS), water mermaid weed (Proserpinacaspp.), buttonbush ( Cepha/anthus ocadenta/ls), and smartweed (Polygonum spp. )? 0 Yes . [;] No If you answered yes to question 2. above, notification of the District Engineer is required in accordance with NWP GC 31, and the USACE will coordinate with other resource agencies as specified in NWP GC 31(d).

3. Is the project in the area of Caddo Lake within Texas that is designated as a 'Wetland of International Importance" under the Ramsar Convention? 0 Yes t8l No If you answered yes to question 3. above, notification of the District Engineer Is required in accordance with NWP GC 31, and the USACE will coordinate with other resource agencies as specified in NWP ~c Jl(d)

4. a. Is the project in an area of Dallas, Denton, or Tarrant counties that Is within the study area of the "Final Regional Environmental Impact Statement {EIS), Trinity River and Tributaries" (May 1986)? l2i:l Yes 0 No b. If Yes, does the project meet the criteria and follow the guidelines specified In Section III of the Record of Decision for the Regional EIS, including the hydraulic impact requirements? [;] Yes 0 No 0 N/A

If you answered no to question 4b. above, be aware that the project would not be authorized by a NWP and would require an individual permit application.

5. Would the proposed work result in the modification or alteration of any completed Corps of Engineers projects that are either locally or federally maintained or if work would occur within the conservation pool or flowage easement of any Corps of Engineers lake project? 0 Yes (8J No If you answered yes to question 5 above, the applicant shall notify the Fort Worth District Engineer in accordance with NWP GC 31. PCNs are not deemed complete until such a time as the

Page 10 of !9 SWF Recommended Application Fonn - NWP 39

Corps has made ~ ~~termination relative to 33 USC Section 408, 33 CFR Part 208, Section 208.10, 33 CFR Part 320, Section 320.4. If you answered yes to question 3. above, notification of the District Engineer is required in accordance with NWP GC 31, and the USACE will coordinate with other resource agencies as specified in NWP GC 3l(d)

6. Is there is the risk of transferring invasive plants to or from your project site? 0 Yes [g) No If you answered yes to the question above, infonnation concerning state specific lists of invasive species and threats can be found at; htto:f/www .invasivesoeciesinfo.gov/unitedstates/tx.shtml. Best management practices can be found at Infonnation concerning state specific lists and threats can be found at: htto:l/www.invasivespeciesinfo.gov/unitedstates/tx.shtml. Known zebra mussel waters within can be found at; http:flnas.er.usgs.gov/queries/zmbyst.asp.

7. Would your project meet the scope of work and conditions of NWPs 51 or 52? 0 Yes {gl No If you answered yes, the Corps will provide the PCN to the US Fish and Wildlife Service as specified in NWP General Condition 3l(d){2) for Its reView and comments.

To ensure compliance with the Regional Conditions within the Fort Worth District, in the State of Louisiana, in order for an authorization by a NWP to be valid, please answer the following questions (for projects in Louisiana only): 1.

2.

Does the activity cause the permanent loss o!Jireater than 1/2 acre of seasonally inundated cypress swamp and/or cypress-tupelo swamp? U Yes 0 No

If you answered yes to question 1. above, be aware that the project would not be authorized by a NWP and would require an individual permit application.

Does the activity cause the permanent loss of .J!reater than 1/2 acre of pine savanna, pine flatwoods, and/or pitcher plant bogs? 0 Yes U No If you answered yes to question 2, above, be aware that the project would not be authorized by a NWP and would require an individual permit application.

3. Has the activity been determined to have an adverse impact upon a federal or state designated rookery and/or bird sanctuary? 0 Yes 0 No If you answered yes to question 3. above, be aware that the project would not be authorized by a NWP 39 and would require an indiVidual permit application.

4. Does the activity fell or impact by soil compaction any existing den or candidate den trees within areas known to be occupied by the threatened Louisiana black bear? (Existing den trees are those known to be used or have evidence of being used by a denning Louisiana black bear, regardless of size, species, or proximity to water. Candidate den trees are defined as bald cypress and/or tupelo gum with visible cavities, having a minimum diameter-at-breast-height of 36 inches, and associated with rivers, Jakes, streams, bayous, sloughs, or other waterbodies.) Additionally, does the activity involve dearing within louisiana black bear critical habitat? 0 Yes 0 No If you answered yes to question 4. above, be aware that the project would not be authorized by a NWP and would require an individual pennit application.

Page 11 of 19 SWF Recommended Application Form - NWP 39

s. Does the project involve instream activities in the following waterways; Abita River and tributaries; Abita River and tributaries; Amite River (LA Highway 37 at Grangeville to Port Vincent); Bayou Bartholomew in Morehouse Parish; Bayou· Boeuf and Bayou Rapides Tributaries in Rapides Parish: (Bayou Clear, Brown Creek, Bumey Branch, Castor Creek, Clear Creek, Haikey's Creek, Little Bayou Clear, Little Brushy Creek, Loving Creek, Little Loving Creek, Long Branch, Mack Branch, Patterson Branch, Valentine Creek, and Williamson Branch), Bayou Rigolette tributaries in Grant Parish (Beaver Creek, Black Creek, Chandler Creek, Clear Branch, Coleman Branch, Cress Creek, Cypress Creek, Glady Hollow, Gray Creek, Hudson Creek, James Branch, Jordon Creek, Moccasin Branch, and Swafford Creek); Bogue Falaya River and Tributaries, Bogue Chitto River and Tributaries, Lake Borgne, Lake Ponchartrain and its tributaries, Lake Saint Catherine, Little Lake, Tchefuncta River, Little Tchefuncta River, the Rigolets and West Pearl River? 0 Yes 0 No

If you answered yes to question 5. above, notification of the District Engineer is required in accordance with NWP GC 31 due to the occurrence of threatened or endangered species. 6. To the best of the applicant's knowledge, is any excavated and/or fill material to be placed within wetlands free of contaminants? 0 Yes 0 No 0 N/A

If you answered no to question 6. above, be aware that the project would not be authorized by a NWP 39 and would require an individual permit application.

7. Regional Condition 7 applies to work within the Louisiana Coastal Zone and/or the Outer Continental Shelf off Louisiana, and therefore does not apply in the USACE Fort Worth District. Work in these areas may require coordination with the USACE Galveston or New Orleans districts. 8. Does the activity adversely affect greater than 1/10 acre of wetlands, and/or adversely impact a designated Natural and Scenic River, a state or federal wildlife management area, and/or refuge? DYes 0 No

If you answered yes to question 8. above, notification of the District Engineer is required in accordance with NWP GC 31.

9. For activities involving the installation of a culvert, Is twenty percent (20%) of the culvert diameter:J20 percent of the height of elliptical culverts) installed below the natural grade of the stream. 0 Yes 0 No

If you answered no to question 9 above, be aware that the project would not be authorized by a NWP and would require an individual permit application.

10. Be aware that NWP 39, via disavowal of water quality certification by the Louisiana Department of Environmental Quality, is considered denied without prejudice. Individual req\)ests for approval under this NWP will be considered on a case-by-case basis only after receipt by the appropriate Corps district of an individual water quality certification, waiver, or other approval by the Louisiana Department of Environmental Quality.

This NWP, via disavowal of Coastal Zone certification by the Louisiana Department of Natural Resources, is considered denied without prejudice within the Louisiana Coastal Zone. Individual requests for approval under this NWP will be conditioned to require the applicant to obtain a louisiana Department of Natural Resources determination/certification before the NWP is valid..

Page 12 ofl9 SWF Recommended Application Form - NWP 39

I \ I I

Work which would result in the resuspension of dredged material shall be prohibited in Bayou d'Inde, the Inner Harbor Canal, Calcasieu River at the mouth of Bayou d'Inde, Harvey Canal, California Canal, and Bayous Trepagnier, Rigaud, Olsen and Verdine, Capitol lake, Coon Island Loop, Devil's Swamp, and Tensas River (areas within and upstream of Tensas National Wildflfe Refuge}, Ouachita River (areas within and upstream of the Upper Ouachita National Wildlife Refuge), Wham Brake drainage (Staulkinghead Creek, Uttle Bayou Boeuf, Bayou Lafourche and lake Irwin).

Note: This spedfic regional condition for NWP 39 applies to work within the louisiana Coastal Zone and/or the Outer ContinentaLShelf off Louisiana, and therefore does not apply in the lJSACE Fort Worth District. Work in these areas may require coordination with the USACE Galveston or New Orleans districts. Additional Discussion:

Part II: Project Information (Project No. SWF- ) Box 1 Project Name: Applicant Name Trinity Forest Goff COurse John Helton Applicant Title Applicant Company, Agency, etc. Vice President of Anance ComQanyof Trinity Forest Golfers Mailing Address Applicant's internal tracking number (lr any) 1601 Elm Street, Suite 3110, Dallas, Texas NA 75201 Work Phone witnarea «l<le 1 Home Phone wltn area code l Fax # 214-302-Q061 NA NA

I E-mail Address [email protected]

1

1J'ationship otJpplicant to prrllJrty: Owner Purchaser Lessee 0 Other: Applleatlan is hereby made for verification that subject regulated actiVIties associated with subject project qualify for authorization under a USACE nationwide permit or permits as described hereln. l certifY that I am familiar with the Information contained In this application, and that to the best of my knowledge and belief, such Information Is true, complete, and accurate. I further certify that I possess the autharlty to undertake the proposed activities. I hereby grant to the agency to which this applicatlon Is made the right to enter the above-described location to inspect the proposed, In-progress, or completed work. l agree to start work gniY. after all necessarv oermlts have been received. Signature ~~~~c~u::- I Date (mmtrJDIY'fY'Il

08/18/2015 Bo:c 2 Authorized Agent/Operator Name and Signature: (If an agent 1s adlng fDr the applicant during the permt'l: process}

Agent/Operator Title ' 1 Agent/Operator Company, Agency, etc. f\1ailing Address

Page !3 of 19 9.VF Recommended Application Form - NWP 39

E-mail Address

Work Phone witll area code I Home Phone With area code Fax # Cell Phone# r hereby authorize the above-named agent to act in my beha~ as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit appJ1cation. I understand that I am bound by the actions of mv agent and I understand that if a federal or state permit is issued I or mv aoent must sian the oermit. Signature of applicant

Date (mm/ddiYY'Nl I certify that I am familiar with the information contained in this application, and that to the best of my knowledqe and belief such information is true complete and accurate. Signature of authorized agent Date (mm/ddfYY'Nl

Box 3 Name of property owner, if other than applicant: City of Dallas 0 Muftime Current Owners (IF multiple rorrent property owners, check hero artd fndude a list a.S an attachment} Owner Title Owner Company, Agency, etc.

Citv of Dallas Mal ling Address 1500 Marilla Avenue,Room 685 Dallas IX 75203 Work Phone with area oode Home Phone w1t11 area code 214-948-4450 NA

Box 4 Project location, including street address, city, county, state, and zip code where proposed activity will occur: 6500 Great Trinity Forest Way Dallas Texas 75217 Nature of Activity (Oeso1ptlon or proJect; indude au reatures; see instructions): Install about, 30,000 lineal feetof 8 foot tall chain link fence/wildlife fencing around goff course developed on an existing closed landfill. Of this quantity, 8,256 lineal feet are located within jurisdictional forested wetlands. Project Purpose (Description of the <eason or pu'Jlose of the project; see Instructions): Fencing is intended to deter damage to the landfill cap from feral hogs. Has a delineation of waters of the U.S., including wetlands, been completed? (see Instructions) !ZJ Yes, Attached 0 No If a delineation has been completed, has it been verified In writing by the USACE? 0 Yes, Date Of approved or pr6imlnary juriSdictional deteflllination (mm/ddfYY'N): USACE project: !Zl No Are color photographs of the existing conditions available? ~Yes, Attached Are aerial photographs available? g Yes Attached 0 No

0No W Multiple Waters of the U.S. (If multiple waters of the u.s. t:h«k here and complete the table In AttachmenfD) . Waterbody(ies) (if known; otherwise enter •an unnamed tributary to"):

Tributary(ies) to what known, downstream waterbody(ies): Main Stem Trinity River, Texas Stream Segment 0805-03

Page 14 of 19 SWF Recommended Application Form • NWP 39

't:~t tuCie & -ior.~pt~ce ;,l2 -41 ~ 59_,_1~ N; _26-43-02_:_"' l \~'

USGS Quad map name!s)-_ fiutc:hms~exa_s_ _ __ _ Watershed(s) and other locat1on descr1ptions, 1f known: _[dS_~HLJt::lL l__~l010 150108. Flv<: ~JI!c: Cr.;ck- Tnn1ty R_1ver Directions to the prOJeCt locJt1c:1: South from Cltv o' Dalias (.;r·tral GuS!Iless D:stnct .,,a Jnterstat<' High\'Jay 45 apr:;ro>lrnJt•:ly 7.2 m:.les; Turn c:ilst on Te:<as Roali 1?, Great Tr~n1ty Fnr<'st 'Nay appro<imately 1.0 mii<O, locat,on is on south s;de of road

Part III: Project Impacts and Mitigation : Box 5 Reason(s} for Discharge into waters of the U.S.: 'About 8,256 lineal feet of fence Installation to protect golf course: and landfill cap from feral [hog destr__u_cti_()_['] _____ _ __ __ _____ _ _ _ _ _______ __ __ . _______ _ 1

Type(s) of material be1ng discharged and the amount of each type 111 cub1c yards: f Concrete footings (below grade): 52 CY; incidental soil (from fence post vo1d) 65 CY, ussum1ng r~~t~~:~~~c:x~~ia?.~-~ acres)-or ~~etlands-o~other 1vater-sof the u.s to beAIIed - -- -[562 SY; 0.01 Acres _____ ------------------------··------ _ ___ _ _ __j ( fndrcate the p1oposed 1mpacts to waters of the U.S. 1n ACRES (for wetland<; ar1d 1mpoundmenb) dnd LINEAR j I FEFT (fot nver~ and streams), and rdenttfy the rmpact(s} as permanent dnd ·or temporary for eac..h Wdterbody ! type listed below. The table below is mtended as a tool to summan;e rrnpacts by n.-__ '-Source type for planning I I

compensatory mit1gat1on and dOf'S not replace the table of wt'lters of the U.S. m Attachment D for tho..,e proJ.Yts w1th impacts to multiple waters of the US.

1 I Permanent

Tel11~0!~'l'-: Watf!~b~y !Ype_ Non-forested wetland

. ~<:_r:e$------~= Linear feet Ac~ ljnear feet . -- 1'" -

Forested wetland 0.01 Perennral stream i ---

·. Jnterrlllttent •:,tream

t.ptlemer,-'JI ::.t.rearn

Irnpoondmc•r!t

Other:

Total. O.Gl

--------Potential Indirect and/or cumulative ifllpilcts of proposed discharge U:!Q.~nowf_l_~f11pac~~ _ __ _ _ ___ _ · Requ1red drawings .. , ,,. _ · ! Vion1ty map: C Attached To-scale plan view draw1ng(s): u Attached To-scale elevatiClfl_'!_ndfor_ cross Sf,'_t:_tlan g_::aw11;9..(.?LCJ Attached __ _ Is any portion of the work already complete' ' Yes •· J No l_f__ye_s1 descr'tl'" ~he ·~_9rk

~,-;, ( ',. ,.,_.

Box 6 Authority: (see instructions) Is Section 10 of the Rivers and Harbors Act for projects affecting navigable waters applicable? 0 Yes l:8J No (see Fort Worth District Navigable Water.< list)

Is Section 404 of the Clean Water Act applicable? c;:;J Yes 0 No Box 7 Larger Plan of Development: Is the discharge of fill or dredged material for which Section 10/404 authorization is sought Intended for a commercial/institutional development project which is part of a larger plan of development? 0-yes !8l No (If yes, please provide the Information In the remainder of Box 7) Does the commercial/Institutional development project have independent utility in addition to the larger plan of development? 0 Yes !XI No If yes, explain:

-If discharge of fill or dredged material is part of development, name and proposed schedule for that larger development (start-up, duration, and completion dates): Trinity Forest Golf Course /Simpkins Landfill Remediation Location of larger development (If discharge of fill or dredged material is part of a plan of development, a map of suitable quality and detail for the entire project site should be included):

Total area in acres of entire project area (lnduding larger plan of development, where applicable): Approximately 400 acres of remediated landfill area

Box 8 Federally Threatened or Endangered Species (see Instructions) Please list any federally·listed (or proposed) threatened or endangered species or critical habitat potentially affected by the project (use scientific names (I.e., genus species), If known): Have surveys, using U.S. Fish and Wildlife Service (USFINS) protocols, been conducted? 0 Yes, Report attached !XI No (explain): If a federally-listed species would potentially be affected, please provide a description and a biological evaluation. -0 Yes, Report attached IE! Not attached Has Section 7 consultation been initiated by another federal agency? D Yes Initiation letter attached 0 No

2Js Section 10 CO(lSUitatlon been inl~ted for the proposed project? Yes, Initiation letter attached No . Has the USFINS issued a Bio~ical Opinion? 0 Yes, Report attached No If yes, list date Opinion was issued (mm/dd/YYW): Project as a whole had an Environmental Assessment_performed in 2013. This can be forwarded as necessary.

Page 16 of 19 SWF Recommended Application Form - NWP 39

Box9 Historic prop-., .~es and cultural resources Please list any historic properties listed (or eligible to be listed) on the National Register of Historic Places which the project has the potential to affect: No known properties Has an archaeological records search been conducted? fSl Yes, Report attached tJ No (explain): Are any cultural resources of any type known to exist on-site? 0 Yes l'8l No Has an archaeological pedestrian survey been conducted for the site? 0 Yes, Report attached l'8l No (explain): Site has experienced significant prior disturbance from surface mining, and subsequent waste manaqement land uses. Has Section 106 or SHPO consultation been initiated by another federal or state agency? • 0 Yes, Initiation letter attached fSl No Has a Section 106 MOA been signed by another federal agency and the SHPO? 0 Yes, Attached !Z] No

If yes list date MOA was signed (mm/dd,vvw):

Box 10 Proposed Conceptual Mitigation Plan Summary (see instructions) Measures taken to avoid and minimize impacts to waters of the U.S. (if any}: Tree/wetlands survey conducted prior to fenceline alignment to minimize Impacts Applicant proposes combination of one or more of the following mitigation tvcr n Mitigation Bank !ZJ On-site 0 Off-site (Number of sites: ) None Applicant proposes to purchase mitigation bank credits: lJ Yes ~No Mitigation Bank Name: Number of Credits: Indicate in ACRES (for wetlands and impoundments)and UNEAR FEET (for rivers and streams) the total quantity of waters of the U.S. proposed to be created, restored, enhanced, and/or preserved for purposes of providing compensatory mitigation. Indicate mitigation site type (on- or off-site) and number. Indicate waterbody type (non-forested wetland, forested wetland, perennial stream, Intermittent stream, ephemeral stream, impoundment, other) or non-jurisdictional (upiands 1).

Mitigation Waterbody Type Created Restored Enhanced Preserved Site Type and Number

·,· .. . ' .

. . '

Totals: • For uplands, please Indicate If designed as an uQ!and buffer. Summary of Mitigation Work Plan (Describe the mitigation activities listed In the table above):

Page 17 of 19 SWF Recommended AppfiCll~on Form · NWP 39

If no mitigation is pro~~-:2d, provide a detailed explanation ··a( why no mitigation would be necessary to ensure that adverse effects on the aquatic environment are minimal: There are only 0.01 acres of impact anticipated as a part of this project Has a conceptual mitigation plan been prepared in accordance with the USACE regulations and tJidelines? Yes, Attached [2] No (explain):

Mitigation site(s) latitude & longitude (Decimal ! USGS Quad map name(s): Deyees):

Other location descriptions, if known:

Directions to the mitigation location(s):

Box 11 Water Quality Certification (see instructions): For Texas: Does the project meet the conditions of the Texas Commission on (TCEQ) Clean Water Act Section 401 certification for NWP 39? 0 Yes

Environmental Quality 0No

Does the ~eject include soil erosion control and sediment control Best Management Practices (BMPs)? Yes 0 No

~es the p@/ect include BMPs for post-construction total suspended solids control? Yes No For Louisiana: Individual water quality certification issued by LDEQ? 0 Yes, Attached 0No Water quality certification waiver or other approval by LDEQ? 0 Yes, Attached 0No Explain: FQr Tribal Lands Cingian b;Qunt~J: Does the pefect meet the conditions of the EPA water quality certification for NWPs? DYes No

Box 12 list of other certifications or approvals/denials received from other federal, state, or local agencies for work described in this application:

Agency Approval Identification Date Applied Date

Date Denied Type• No. Approved

. -~

Would inclurle but $ not restricted to zonr~g, bulldjrlg, and floodplain permits

Page 18 of 19 SWF Recommended Application Fonm - NWP 39

Part IV: Attachm~· .. ·;,s

A. List of Property Owners B. Delineation of Waters of the U.S., Including Wetlands C. Color Photographs

D. Table of Waters of the U.S. Impacted by the Proposed Project E. Required Drawings/Agures F. Threatened or Endangered Species Reports and/or Letters G. Historic Properties and Cultural Resources Reports and/or Letters H. Conceptual Mitigation Plan I. Other:

End of Form

Page 19of 19

Included

~

~ ~ D 0

SWF Recommended Application Form • NWP 39

,dl£ol1Uit'fU_m:1lf!l1:.~

Attachment D: Table of WaterS of the U.S. Impacted by the Proposed Project Waterbody latitude and

Resource Linear Feet Acres in Impact Linear

A<;res of Cubic Yards of Longitude In Project Project Feet of Material to be

ID1 (Decimal Degrees) Type'

Area Area Type' Impact Impact

Discharged : ": - ·- ~

'··

'>: ( - ... -

' -- - ._:, - _:_ ,-.-- .. · .... -' .. ,- .,-

- --"- ......

-

- -

-

_, -- -- -

- -·----- - - - - - -

1 Waterbody ID may be the name of a feature or an assigned label such as "W-1" for a wetland. 2 Resource Types: NFW - Non-forested wetland, FW- Forested wetland, PS- Perennial stream, IS- Intermittent Stream, ES- Ephemeral Stream, I- Impoundment 'Impact Types: D/P - Direct"' and Permanent, D/T- Direct and Temporary, 1/P- Indirect** and Permanent, l/T- Indirect and Temporary

• Direct Impacts are here defined as those adverse affects caused by the pnoposed activity, such as discharge or excavation. •• Indirect impacts are here defined as those adverse affects caused subsequent to the proposed activity, such as noodlng or effects

of drainage on adjacent waters of the U .5.

Instructions: [pleatc- Jo not include these pages when submitting form] 1) Complete Part I of the form first to determine if the project meets the conditions and requirements of NWP 39, including the General and Regional Conditions as well as the notification requirements. Additional information on the general conditions is available at the following website:

http:l/www.swf.usace.army.mil/Missions/RegulatorvtPermitting/Ge>nera!Permits.aspx 2) Boxes 1 to 3: Provide contact information for the Applicant, Agent, Owner, etc. 3) Box 4:

a. Nature of Activity: Describe the overall activity or project. Give appropriate dimensions of structures such as wingwalls, dikes (identify the materials to be used in construction, as well as the methods by which the work Is to be done), or excavations (length, width, and height). Indicate whether discharge of dredged or fill material Is involved. Also, identify any structure to be constructed on a Jill, piles, or fioat-supported platforms. The written descriptions and illustrations are an important part of the application. Please describe, in detail, what you wish to do. If more space is needed, attach a separate sheet marked "Box 4 Nature of Activity." b. Proposed Project Purpose: Describe the purpose and need for the proposed project. What wiJI it be used for and why? Also include a brief description of any related activities to be developed as the result of the proposed project.

c. Delineation of waters of the U.S.: Waters of the U.S. are defined under 33 CFR part 328.3 (a) as: (1) AJI waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and fiow of the tide; (2) All interstate waters induding interstate wetlands; (3) All other waters such as intrastate lakes, rivers, streams (induding intermittent streams), mudfiats, sandf!ats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect Interstate or foreign commerce including any such waters: (i) Which are or could be used by interstate or foreign travelers for recreational or other purposes; or

(ii) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (iii) Which are used or could be used for industrial purposes by Industries in interstate commerce;

(4) All impoundments of waters otherwise defined as waters of the U.S. under the definition; (5) Tributaries of waters identified in paragraphs (a) (1) through (4) of this section; (6) The territorial seas; (7) Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) (1) through (6) of this section.

In addition, 33 CFR part 328.3 (b) states: The term wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal drcumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

Under Section +c . .;f the Clean Water Act and Section 10 'o(the Rivers and Harbors Act, the ordinary high water mark, as well as any adjacent wetlands, demarcate the limits of non-tidal waters of the U.S. Wetlands are identified and delineated using the methods and criteria established in the USACE Wetlands Delineation Manual (1987 Manual) (i.e., occurrence of hydrophytic vegetation, hydric soils, and wetland hydrology) as well as any applicable interim regional supplements.

Appncants should follow the USACE Fort Worth District procedures for jurisdictional determinations found at the following website:

htto://media.swf.usace.army.mil/pubdata/environ/requlatorvOurlsdictionliurisdictionaidetermi nation procedures. pdf

d. Multiple Waters of the U.S.: If the project impacts multiple waters of the U.S., include information for each water in the table in Attachment D.

4) Box 5: Required drawings (see examples in separate file): Submit one legible copy of all drawings (8 1/2 x 11-inch or 11 x 17-inch) with a l-inch margin around the entire sheet. The title box shall contain the title of the proposed project, date, and sheet number. i. Vicinity map: Cover an area large enough so the project can be easily located; Include arrow marking the project area, identifiable landmarks (e.g., named waterbody, county, city), name or number of roads, north arrow, and scale. ii. Plan view: Include features such as existing bank lines, ordinary high water mark line(s), average water depth around the activity, dimensions of the proposed project, dimensions of any structures immediately adjacent to the proposed activity, north arrow, and scale. ill. Elevation and/or cross-section views: Indude features such as water elevation as shown on plan view drawing, existing and proposed ground level, dimensions of the proposed project, dimensions of any structures immediately adjacent to the proposed activity, and scale.

5) Box 6: A list of navigable waters in the Fort Worth District can be found at the following website:

htto:/lmedia.swf.usace.army.mil/pubdata/envjron/regulatorv/lntroduction/navlist.odf Under Section 404 of the Clean Water Act, the USACE regulates the discharge of dredged or fill material into waters of the U.S. More information on regulated activities can be found at the following website:

htto:/lwww.swf.usace.army.f!lii!Missions!Regulatory/RegulatedActivitjes.asox 6) Box 8: Information on federally threatened or endangered species may be found on the U.S. Rsh and Wildlife Service website and the Texas Parks and Wildlife Department website. Include an attachment if additional space is required for listing spedes or critical habitat potentially affected by the project.

http:ljwww.fws.gov/southwest/es!ES UstSpecies.cfm http://www.tpwd.state.tx.us/huntwild/wjld/species/endanq/index.phtml http://www.towd.state.tx.us/landwaterlland/maps/gis/rls/endangered species/iodey.phtrnl

7) Box 10: When co: .. ,.,c.~ting this box, be aware that the USACE will consider if the project has been designed to avoid and minimize adverse effects, both temporary and permanent, to waters of the U.S. to the maximum extent practicable at the project site when determining appropriate and practicable mitigation necessary to ensure that adverse effects to the aquatic environment are minimal. 1he USACE may also require compensatory mitigabon at a minimum one-for-one ratio for losses of wetlands, streams, and open waters to ensure that the project results in minimal adverse effects on the aquatic environment. See the USACE Fort Worth District Regulatory Branch website for a mitigation plan template and requirements. http:l/www.swf.usace.army.miiiMissions/Regulatory/Permitting/Mitigation.aspx

8) Box 11: Projects in Texas should meet the conditions of the Texas Commission on Environmental Quality (TCEQ) Oean Water Act Section 401 certification for NWP 39. The TCEQ conditions of Section 401 certification for NWP 39 as well as a description of Best Management Practices can be found at the following website:

http:ljmedja.swf.usace.army.mil/pubdata/environfregulatorv/permitting/nwp/2012 TCEQ4Q1.pdf Projects in Texas associated with the exploration, development, and production of oil, gas or geothermal resources of the State of Texas should meet the conditions of the Railroad Commission of Texas (RRC) Clean Water Action Section 401 certification for NWP 39. The RRC conditions of Section 401 certification for NWP 39 as well as a description of Best Management Practices can be found at the following website:

http: //media ,Swf. usace. army.mjl/pubdata/environ/regulatory/permitting/nwp/20 12 RRC4Q 1. pdf Projects in Louisiana require water quality certification from the Louisiana Department of Environmental Quality (LDEQ). LDEQ has denied water quality certification for NWP 39. Information about water quality certification from LDEQ can be found at the following website: http:Umedia.swf.usace.army.milfpubdata/enyiron(regulatorv/oeanitting/nwp/2012 LA4Qlcert.odf This NWP, via disavowal of Coastal Zone cerbfication by the Louisiana Department of Natural Resources, is considered denied without prejudice within the Louisiana Coastal Zone. Individual requests for approval under this NWP will be conditioned to require the applicant to obtain a Louisiana Department of Natural Resources determinationjcertiflcation before the NWP is valid. Work which would result in the resuspension of dredged material shall be prohibited in Bayou d'Inde, the Inner Harbor Canal, Calcasieu River at the mouth of Bayou d'Inde, Harvey Canal, California canal, and Bayous Trepagnier, Rigaud, Olsen and Verdine, Capitol Lake, Coon Island Loop, Devil's Swamp, and Tensas River (areas within and upstream of Tensas National Wildlife Refuge), Ouachita River (areas within and upstream of the Upper Ouachita National Wildlife Refuge), Wham Brake drainage (Staulkinghead Creek, little Bayou Boeuf, Bayou Lafourche and Lake Irwin).

The Environmental Protection Agency (EPA) is the agency required to address water quality certification of the 2012 NWPs in "Indian Country" where a tribe has not received treatment in the same manner as a state for the Clean Water Act (CWA) Section 401 program. "Indian Country," as defined in 18 U.S.C. 1151, means: (1) all land within the limits of any Indian reservation under the jurisdiction of the U.S. government, not withstanding the issuance of any patent, and inducting rights-of-way running through the reservation; (2) all dependent Indian communities within the borders of the U.S. whether within the original or subsequently-acquired

territory thereof, ar._ . .i1ether within or without the limits oF a state; and (3) all Indian allotments, the Indian titles to which liave not been extinguished, including rights-of-way running through the same. At this time, no Indian tribes in Texas or Louisiana have CNA Section 401 authority. The EPA has developed a list of conditions that must be met in order for water quality certification of NWPs in "Indian Country" lands. The list of "401 Certification Conditions of Nationwide Permits for Tribal Lands in Texas" can be found at the following website: http://media.swf.usace.army.mil/pubdata/environ/regulatory/oermitting/nwp/2012 EPA401.pdf The list of "Water Quality Regional NWPs Conditions for 'Indian Country' Lands" in Louisiana can be found in Part III of the document at the following website: http://www.mvk.usace.army.mii/Portals/58/docs/requlatorv/2012%20NWP%20RCS%20-%20Louisiana.pdf

9) Attachments: Check the boxes in Part N for those attachments that are included, and place a cover sheet or tab with each attachment behind the last page of the form. If Attachment D is not needed, discard this page, but if more room is necessary, include an additional table.

May 12. 20 1 '>

Sue Alvarez

Tnn1ty Wat E> rShE'd Management

C1ty of Dallas

320 East Jefferson, Room 108

Dallas Texas 75203

Dear Sue,

1500 Manila Street, Room 6BS

Dallas, Texas 75201

NCORE

Attached to th1s letter are the exh1b1ts that we have been d1scussmg for the penmeter fence around the

Trinity Forest Golf Course proJeCt In order behind th1s cover letter they are as follows:

1. Overall si te plan

2. Representative pictures

3 Cham hnk/ Game Fence 1nformat1on

4 Decorative fence informat1on/ Opt1ons

All of the southern fence follows the alignment provided to us by the City of Dallas All other routings

generally follow the lease line. As ment1oned m the exh 1bits, our mtent 1s to route the fence to mmm1ze

disturbances.

The project scope mvolves approximately 28,500 LF of penmeter fencmg cons1stmg predominantly of cham

link fencing, game fencing with some type of decorat1ve fencing (wrought 1ron. etc.. ) near public spaces

and the Audubon entrance Of the total proJect, approximately 25% is above the delmeated flood pla1n

There will be numerous gates and access pomts as needed around the property, as well. All fence noted IS

consistent with what IS provided form PD 883 and which was recently approved by the City Plannmg

Commission

This fence serves several purposes Of primary 1mportance IS the prevention of feral hog damage to the

course. Overn1ght we have seen damage created 111 the 10's of thousands of dollars The fence will also

prov1de some level of deterrent of theft and damage to property (both of wh1ch we have 1ncurred dunng

construction) and safety and security for partons to the golf course

With grassmg underway, we are very eager to start this fencmg operation as soon as possible so please let

us know what else you need from us to advance t his project for full approvals. ro· vou• help!

Jim Barger

cc: Jonas Woods, The Company of Trin1ty Forest Golfers, Inc

Jeff Schwmkendorf, ONCORf Group. LLC

Representative Pictures

M1n1mum w1dths w1 ll be employed

to mm1m1ze disturbances

Ga lvar11Zed example

Wrought tron example

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7' 4' of fabric lard on th(' ground to prt>vent the burrow111g o f

fe rc1l hogs Ground covpr to be likely rc1ked back and then re

applied over the fabnc

--r­Biack Powder Coated example

Add1t1onal optron for Mamt

Fac11ity (Above QlOO)

Column example (locations

near entrances/publiC v1ew)

Add1t1onal opt1on for

M a1nt Facrlity (Above 0100)

Chain Link

Fence Gauge

FenLe Hergh t

Fence Fabrrc

Posts/Corners

Structural

Top Rarl / Bott om Rarl

Chain Link basic detarl

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Lrne/Corner/Gate Posts Arr drrve rnto sorl and/or set rn concre te !

Yes I No (bottom tens ron wrre on ly)

Trinity Forest Golf Course

Deer & Wrldlife Fence (8 Fence) Cross Lock R Knot Resource # 78206

Style No Frllcr Gauge

Cross 1 ock Knot

Top / Bottom Gauge

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Resource 1: 78206

Style 11 2096-6-12!/:

W1re Gauge 12Y: ga

Pullout 6"

Roll Height 96"

Roll Length 330'

Roll We1ght 393lbs

Galvamzatso n Class3

Deer & Wildlife Fence ( 6' Fence) Deer & Orchard Resource # 70253

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f'ullout

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RollWI'l"tg-.t

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2-318 2 1·314 1·112 1-1/4 1·118 , , 1 1

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Decorative Fence Options Fence Hei~ht ------·-- ___ ¥.~_l(lj12:at gates, if req'd)_(Consist~nt w/ PD 8831 __ j

i I•'!;• :'\',,'.,', . .-il'iH'\' ldr~r··lh(' (,_,,•l.t

Ameristar Montage, Montage Plus, ! Navigate to: Fence Systems then Commercial Fencing & Montage II, Montage Industrial, or equal. 1 Industrial Fencing

Ameristar Aegis, Aegis II, or equal.

Ameristar Echelon, Echelon II, or equal. l

Column material, if used. --- ~~;ick~nd/or Natural St~r>.e --~

{f}~~r~n;~~ac:tng, if use<l ·-· +*~!s;-; ~et in concrete. ... ...... --~ . Decorative fence moy be on alternate buildilf_!l_'!'_f!terialwith hei!Jhts con!~steni,_with the ab~ve~

Decorate (wrought iron I Fence basic detail

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1. Gates to be manual and/or remote operated with Dallas Fire Department access box where necessary.

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TOUGH

• Rigid welded steel oonstructlon • dean, treated welds • Commercial wade

DURABLE

• DuPont• Architectural Grade Powder Coat • IN inhibitors reduce fcldin& 011er time • Virtually maintenance free

<lSOOOPSI Steel

DuPont• Arch tectura Grade Powdt>r Coat

• Fusion of wood and iron for an upscale privacy fence • Matthl~ walk and drille gates • OJstomize usln& any desired picket material and I color

'",''''''~11\1 11\f'! . . . . . " . I

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'ihnwn woth romposotl' pockeu onstalled

WWW.FORTRESSFENCE.COM I ~

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ESTATE lHNAt.I£NTAL f.'RI • ~ r [.t~ L

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PAN EL WAL K GATE ~ ,- r- ·- ,_ ·- T r

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BRAC KET (H D - 106)

SID E M OUN T BRACKET (SM - 10)

• 3 PRESSED

DOM E C A P

3 -

B A L L CAP

Yxma­Posr

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elements For assostance wtlh develop,ng custom gates oo panels, tnfo<manon about custom colors and p11cong please contact"' at I 866 323 4766 01

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BOUNDARY DESCRIPTION OF A 178,698 SQUARE FOOT (4.102 ACRE)

FENCELINE EASMENT IN BLOCK A/6258 TO BE CONVEYED BY THE CITY OF DALLAS

Being a 178,698 Square Foot, or 4.102 Acre tract of unplatted land being situated In the City of Dallas, Dallas County, Texas, and lying In the Elizabeth Crockett Survey, Abstract No. 231, Isaac Elam Survey, Abstract No. 443, and the Gideon Pemberton Survey, Abstract No. 1155, and lying In Lot 2 of the Trinity Championship Golf Course Addition, /nstaUment I, a Preliminary Plat having the File Number S123-079, in City of Dallas Block A/6258, and being part of the property conveyed to the City of Dallas by deed recorded In Instrument Number 20080250127 of the Official Public Records of Dallas County, Texas and being more particularly described as follows:

COMMENCING ·at a Type II Texas Department of Transportation Aluminum Monument Disc (Controlling Monument) set In concrete found at the Point of Tangency on the Southeast Right-of-Way lne of State Highway Loop 12/ Great Trinity Forest Way (a Variable Width Right-of-Way) being also the North line of Lot 1 of said Block A/6258 :

THENCE South 65"13'16" West wllh the above said common line between of Loop 12 and Block A/6258 a distance of 1 ,465.16 feet to a 5/8 inch diameter Iron Rod with cap marked ''Cin' OF DALLAS" set at the common North comer of Lots 1 and 2, being on the North line of .Block A/6258 and the POINT OF BEGINNING of the herein described easement

Note: Unless otherwise noted, all corners are monumented with a 5/8 inch diameter Iron Rod with cap marked "CITY OF DALLAS."

THENCE Southerly and Easterly with the Northeast line of the herein described easement the following courses and distances:

South 40"33'06" West a distance of 20.78 feet:

South 65"13'16" West a distance of 165.40 feet:

South 1"32'51" West a distance of 259.65 feel:

South 16"36'25" East a distance of 300.62 feet;

South 55"53'49" East a distance of 286.45 feet:

South 37"46'37" East a distance of 638.41 feet

Page 1 of 6

BOUNDARY DESCRIPTION OF A 178,698 SQUARE FOOT (4.102 ACRE) FENCELINE EASMENT IN BLOCK A/6258

TO BE CONVEYED BY THE CITY OF DALLAS

South 5"33'30" East a distance of 285.86 feet:

North 87"07'20" East a distance of 428.67 feet

South 56"26'53" East a distance of 277.34 feet:

South 32"30'42" East a distance of 402.35 feet:

South 84"12'49" East a distance of 193.81 feet:

South 26"14'14" East a distance of 117.64 feet:

North 69"40'33'' East a distance of 47.93 feet:

North 85"34'52" East a distance of 142.70 feet:

South 34"46'37" East a distance of 103.93 feet:

South 9"57'00" EB$t a distance of 350.13 feet:

North 78"26'30" East a distance of 711.13 feet:

North 70"20' 40" East a distance of 503.86 feet:

North 85"02'52" East a distance of 254.53 feet:

North 42"51'13" East a distance of 256.82 feet:

North 23"54'00" East a distance of 378.65 feet:

North 78"35'09" East a dl$nce of 309.16 feet:

South 53"52'06" East a distance of 384.63 feet:

North 86"34'43" East a distance of 420.44 feet

South 75"39'34" East a distance· of 493.29 feet:

North 71 "04'23" East a distance of 238.66 feet

Page 2 of6

BOUNDARY DESCRIPTION OF A 178,698 SQUARE FOOT (4.102 ACRE)

FENCELINE EASMENT IN BLOCK A/6258 TO BE CONVEYED BY THE Cltv OF DALLAS

North 43"15'50" East a distance of 198.36 feet

North 10"22'57" East a distance of 183.69 feet:

THENCE North 11"10'14" East a distance ol 559.75 feetto the intersection with common lot line of Lots 1 and 2 of the "Trinity Championship Golf Course Addition, installment 1," a prelimi':'laiY plat with Ale Number 8123-079:

THENCE South 28"45'22" East with said common lot line a distance of 31.16 feel:

THENCE Northwesterly with the South line of the herein described easement the following courses and distances:

South 11 "1 0'14" West a distance of 535.71 feet:

South 1 0"22'57" West a distance of 1 69.45 feet:

South 43"15'50" West a distance of 209.21 feet

South 71"04'23" West a distance of 249.59 feet:

North 75"39'34" West a distance of 496.14 feet

South 86"34'43" West a distance of 424.51 feet:

North 53"52'06'' West a distance of 383.02 feet:

South 78"35'09" West a distance of 290.ot feet:.

South 23"54'00" West a distance of 371.64 feet

South 42"51'13" West a distance of 267.87 feet

South 85"02'52" West a distance of 259.66 feet

South 70"20'40" West a distance of 506.39 feet:

South 78"26'30" West a distance of 733.11 feet

Page3 of6

BOUNDARY DESCRIPTION OF A 178,698 SQUARE FOOT (4.102 ACRE)

FENCELINE EASMENT IN BLOCK N6258 _ TO BE CONVEYED BY THE CITY OF DALLAS

North 9"57'00" West a distance of 366.30 feet:

North 34"46'37" West a distance of 88.07 feet:

South 85"34'52" West a distance of 128.44 feet

South 69"40'33" West a distance of 63.17 feet:

North· 26"14' 14" West a distance of 124.60 feet:

North 84"12'49" West a distance of 192.42 feet:

North 32"30'42" West a distance of 407.80 feet

North 66"26'53" West a distance of 266.51 feet

South 87"07'20" West a distance of 441.18 feet:

North 6"33'30" West a distance of 299.17 feet

North 37"46'37" West a distance of 629.45 feet

North 55"53'49" West a distance of 290.40 feet:

North 16"36'25" West a distance of 310.95 feet:

THENCE North 1"32'51" East a distance of 275.26 feet to the Intersection with the above reference Southeast line of State Highway Loop 12 I Great Trinity Forest Way:

THENCE North 65"13'16" East with the said Southeast nne of State Highway Loop 12/ Great Trinity Forest Way a distance of 172.17 feet to the POINT OF BEGINNING, containing 178,698 Square Feet, or 4.102 Acres of land.

BASIS OF BEARINGS: Bearing~ are. based on the State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983.

Page 4of6

EUZABETH CROCKE7'7' SURVEY ABSTRACT NO. 231

City uf Dllfllls Int. #ZDQ/1112511127

LOT2 BLOCK Ar1l258

LOT 2 BLOCK Ati258

ISAAC ELAM SURVEY ABSTRACT NO. 443

City of Dllfi11S LOT 1 Int. #2flfJIIti26QIU BLOCK

M258

I

N

... - ...

Trinity Chllmplonship Golf Coun~s AddiHon

{Pnl/lm/nmy Plst} S123-079

1. BASIS OF BllAIIINGS: Bearing ..., baed on the S1ato Plone C..ordlnm Symm. TNUo North Cantral Zane 4202. North Amorlcan Datum of 1983.

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TRINITY GOLF COURSE FENCEUNE EASEMENT

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