HomeMy WebLinkAboutResolution No. 06-083
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 06- D~S
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING BY
AND BETWEEN THE CITY OF THE COLONY AND U.S. ARMY
CORPS OF ENGINEERS (USACE) TO PROCESS A REQUEST
FOR CHANGES TO THE PROPOSED MARINA COMPLEX AND
HOTEL/LODGE FACILITY AT HIDDEN COVE PARK; AND
ATTACHING THE APPROVED FORM OF SAID
MEMORANDUM OF UNDERSTANDING AS EXHIBIT "A"; AND
PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby
approves the Memorandum of Understanding for the purpose of enabling the USACE to
process a request submitted by Marine Quest for changes to the proposed marina
complex and lodge/hotel facility at Hidden Cove Park, to wit: relocate and expand the
marina complex and increase the number of units for a lodge/hotel facility.
Section 2. That a true and correct copy of the Memorandum of Understanding
is attached hereto and incorporated herein, as Exhibit "A".
Section 3. That the City Manager is authorized to enter into Memorandum of
Understanding with the USACE on behalf of the city.
Section 4. That this resolution shall take effect immediately from and after its
adoption and it is so resolved.
PASSED, APPROVED, AND EFFECTIVE by the City Council of the City of
The Colony, Texas, this 2nd day of October, 2006.
DEPARTMENT OF THE ARMY
FORT WORTH DISTRICT, CORPS OF ENGINEERS
P. O. BOX 17300
FORT WORTH, TEXAS 76102-0300
6 September 2006
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF THE COLONY
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 Colony to prepare a tiered Environmental Assessment (TEA) to the
Lewisville Lake Programmatic Environmental Assessment (PEA), dated 30 Sep 1999 and a
subsequent TEA to the PEA for Water Related Recreation Development at Lewisville Lake dated
20 Dec 2000, to address a proposed marina complex and related facilities in Hidden Cove Park at
Lewisville Lake. The primary issues to be addressed in the TEA include The Colony's proposal
to shift 510 vessel allocations from Wynnewood' Park to Hidden Cove Park to facilitate
expansion of a proposed marina complex and to expand a proposed 75 unit lodge/hotel to 250
units. Expanded facilities related to the proposed marina and lodge/hotel, including additional
parking area and a restaurant, would also be addressed. The TEA would address environmental
impacts not anticipated in the above referenced PEA and'EA, and would include updated natural
resources mitigation requirements..
Because the proposed action involves Federal interests in property, it is considered a Federal
action and as such requires compliance with the National Environmental Policy Act (NEP A) of
1969, as amended. No final decision on the proposed action can be made by USACE until all
actions necessary for compliance with NEP A have been accomplished. The NEP A process will
involve preparation of a TEA 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 Colony's request exceed the authority of operations and
maintenance funding provided to Lewisville Lake for authorized purposes. This MOU will
obligate The Colony to fund all costs associated with the NEP A process. This MOU provides
the means by which the US ACE and The Colony 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 Colony for support of the environmental,
operations, and real estate actions involved in The Colony's request for the aforementioned
activities associated with the TEA on property at Lewisville Lake which the US ACE 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 NEP A. It is understood that The Colony
may select a private firm to generate an Environmental Information Document (EID) to facilitate
compliance with NEP A. The Colony may also choose to have the USACE prepare the TEA in
its entirety with project information to be provided by The Colony. Compliance with NEP A
begins with the preparation by the USACE of the TEA and decision document consisting of
either a FaNS I or NOI to prepare an EIS.
b. The NEP A Technical Manager will be responsible for coordinating all environmental
issues with the appropriate parties within Texas Parks and Wildlife Department, Texas
Commission on Environmental Quality, the U. S. Fish and Wildlife Service, the Environmental
Protec-tion Agency, and the State Historic Preservation Officer, as required by law, to determine
the suitabilityof 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 Colony. The USACE efforts associated with accomplishment of the proposed project is
outlined in a Scope of Work (SOW), inchided as Attachment A to the final MOU. The estimated
cost to The Colony for support of the USACE efforts is made in a Government Estimate
(Attachment B). The Colony has the option of providing the US ACE with an EID or having the
USACE prepare the TEA in its entirety. Our understanding is that The Colony has elected to
pursue the former option. The cost estimate is $20,000 for the Ell option. The dollar amount
set forth in this MOU is based upon the Government's best estimate, which reflects the scope of
the effort, projected costs, price-level changes, and anticipated inflation. Support funds in the
form of a single lump sum payment will be disbursed as a check made out to: Finance and
Accounting Officer USAED, Fort Worth and must have "Advance Account No. 420" written on
the check. The check will be mailed to:
u.s. Army Corps of Engineers
USACE Finance Center
ATTN: CEFC-FD-C, Doug Lilly
5722 Integrity Drive
Millington, TN 38054-5005
Telephone: (901) 874-8495
Within ninety (90) days after the conclusion of the efforts described in this MOU, the
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d. Agency Coordination. Unless otherwise indicated in writing, the USACE points of
contact for this project are:
NEP A Technical Manager, Planning, Environmental & Regulatory Division (Env Res Sec),
Mr. Brandon W. Mobley, U. S. Army Corps of Engineers, ATTN: CESWF-PER-EE, P.O.
Box 17300, Fort Worth, TX 76102-0300, Phone: (817) 886-1714; Fax: 817-886-6499;
E-mail: BrandonW.Mobley@SWF02.USACE.army.mil
Natural Resources Manager, Operations Division, Mr. Don Wiese, U. S. Army Corps of
Engineers, ATTN: CESWF-OD-TN, P.O. Box 17300, Fort Worth, TX 76102-0300, Phone:
(817) 886-1568; Fax: 817-886-6455; E-mail: Donald.N.Wiese@SWF02.USACE.army.mil
Lake Manager, Lewisville/Ray Roberts Lake Office, Mr. Randall Mayne, U.S. Army Corps
of Engineers, ATTN: CESWF-OD-LE, 1801 North Mill Street, Lewisville, Texas 75057-
1821, Phone: (972) 434-1666; Fax: 972-434-1419; E-mail:
Randall.L.Mayne@SWF02.USACE.army.mil
Realty Specialist, Real Estate Division, Mr. Gordon Sagebiel, U. S. Army Corps of
Engineers, ATTN: CESWF-RE-MM, P. O. Box 17300, Fort Worth, TX 76102-0300,
Phone: (817) 886-1136; Fax: 817-886-6425; E-mail:
Gordon.F. Sagebiel@SWF02.USACE.army.mil
e. In the event that the TEA results in a Notice of Intent, or any other matter which may
result in a necessity for additional funding to complete this work effort, the USACE and The
Colony 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 the TEA will not begin
until all Federal requirements have been met, and The Colony has been notified in writing by the
USACE of project approval.
g. For natural and cultural resources disturbed by the construction, a mitigation plan shall
be submitted by The Colony for consideration by the USACE and for inclusion in the TEA. In
addition, the mitigation plan should also address the need to offset any fill that would be placed
within the designated flood storage capacity of Lewisville Lake. Both parties, prior to the start of
construction, must agree upon the mitigation plan. Any such plan shall be compliant with the
requirements of Section 106 of the National Historic Preservation Act of 1966, as amended, and
the Texas Antiquities Code.
h. It is understood that should the proposed project enter the construction phase, The
Colony 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.
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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
/t3~746
( I
On behalf of The Colony, I request the technical services of the U.S. Army Corps of Engineers,
Fort Worth District to process The Colony's request for approval to shift 510 vessel allocations
from Wynnewood Park to Hidden Cove Park to facilitate construction of a marina in Hidden
Cove Park on Lewisville Lake, and to expand a proposed 75 unit 10dgelhote1 to 175 units. The
Colony's request also includes expanded facilities related to the proposed marina and
lodge/hotel, including additional parking area and a restaurant I am aware that the proposed
action requires compliance with the National Environmental Policy Act of 1969, as amended.
The Colony is requesting the EID Option for NEP A compliance.
\)~ eLL
Mr. Dale Cheatham
City Manager
The Colony
Date S ocf-o 6
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ATTACHMENT A
SCOPE OF WORK
FOR
TIERED ENVIRONMENTAL ASSESSMENT NECESSARY FOR NEPA COMPLIANCE
AND OTHER U.S. ARMY CORPS OF ENGINEERS ACTIONS ASSOCIATED WITH
THE
PROPOSED SHIFT OF 510 VESSEL ALLOCATIONS FROM WYNNEWOOD PARK
TO ffiDDEN COVE PARK TO FACILITATE CONSTRUCTION OF A MARINA AND
DRY-STACKED BOAT STORAGE UNITS, AND TO EXPAND A PROPOSED 75-UNIT
LODGEIHOTEL TO 250 UNITS IN ffiDDEN COVE PARK
AT LEWISVILLE LAKE, DENTON COUNTY, TEXAS
1.0 INTRODUCTION: The City of The Colony has requested preparation of a Tiered
Environmental Assessment (TEA) to address a proposed marina complex and related facilities in
Hidden Cove Park at Lewisville Lake The need for the TEA and subsequent processing of the
request for changes to a proposed marina complex and related facilities is explained in the
Purpose statement of this Memorandum of Understanding.
2.0 PROCESS: The proposed changes to a proposed marina complex and related facilities may
require amendment of the existing Park & Recreation Lease (DACW63-1-01-0816) currently
granted to The Colony by the USACE and would be considered a Federal action requiring
compliance with the National Environmental Policy Act (NEPA) of 1969, as amended. The
NEP A requires agencies of the Federal Government to analyze, and make available to the public,
information on proposed activities and associated environmental impacts. 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 NEP A's requirements. Engineer
Regulation (ER) 200-2-2 provides guidance for implementation of the procedural provisions of
NEP A for the Civil Works Program of the USACE.
3.0 SCOPE OF WORK: The NEP A compliance and environmental phase of this effort can be
achieved by the USACE through one of two options. The level of effort on behalf of the USACE
varies depending on which option The Colony chooses. The two options are described in the
following Sections 3.1 and 3.2.
3.1 Environmental Information Document Option.
3.1.1 Under this option, The Colony shall analyze and assess 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
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specifically for the proposed project by The Colony. 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 tiered EA from the EID provided by The
Colony. In previous discussions with The Colony it is understood that The Colony prefers the
EID option. The cost estimate for the EID option is included as attachment B.
3.1.2 NEPA Coordination: Coordination of environmental activities within the USACE, and
with outside resource agencies, will be the responsibility of the USACE NEP A Technical
Manager. Outside resource agencies that require coordination are: U.S. Fish and Wildlife
Service (USFWS), Environmental Protection Agency (EP A), Texas Parks and Wildlife
Department (TPWD), Texas Commission on Environmental Quality (TCEQ), 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 Colony and their
sub-lessees, 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 Determination of Availability.
3.1.4.2 Review and verification of plat and legal descriptions, and sub-lease agreements, if
applicable
3.1.4.3 Draft lease amendment and complete action.
3.1.5 Operations Division shall perform the following tasks:
3.1.5.1 Lake Office: Provide on-site support for the various District elements and The Colony
and prepare the Report of Availability.
3.1.5.2 District Office: Act as Project Manager for the action. Provide coordination between
The Colony and their sub-lessees and contractors, and other USACE elements, and assure that all
documentation is provided for the proposed action.
3.2 Tiered Environmental Assessment Option.
3.2.1 This option is presented here as information only since The Colony has previously
indicated a preference for the EID option. Under the tiered EA option, the USACE will prepare
the necessary information using the baseline environmental and archaeological data collected by
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USACE along with project data to be provided to the USACE by The Colony. The tiered EA
will contain an environmental analysis of the proposed action and alternatives as specified in
ER 200-2-2.
3.2.2 NEP A Coordination: Coordination of environmental activities within the USACE, and
with outside resource agencies, shall be the responsibility of the NEP A Technical Manager.
Outside resource agencies which will require coordination are: USFWS, EP A, TPWD, TCEQ
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 Colony 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 Colony shall obtain required authorization from the
USACE.
4.3 The Government will make available to appropriate agencies existing cultural and natural
resources docUlllents for the proposed project area should they be requested for preparation of an
EID.
4.4 The EID will consider and evaluate all feasible alternatives to the proposed action and relevant
environmental concerns. The feasibility of alternatives put forth in the EID will be the
determination ofthe USACE NEP A Technical Manager.
4.5 The Colony shall provide any plats and legal descriptions, if applicable and needed, to the
USACE Real Estate Division.
4.6 The Colony shall be responsible for compliance with The Clean Water Act (CW A) of 1972.
Compliance issues shall be discussed in the tiered EA. Section 404 of the CW A regulates
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development in or near streams and wetlands which would result in discharges of dredge or fill
material. A permit must be obtained by The Colony from the USACE, Regulatory Branch, prior to
such activities. Under authority of the CW A, the TCEQ is responsible for issuing permits to
control storm water discharges that affect one or more acres of land. The major requirement of the
permit is the development of a Storm Water Pollution Prevention Plan (SWPPP) and filing of a
Notice of Intent with the EPA. Development of the SWPPP and filing activities shall be the
responsibility of The Colony.
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.
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 (Env Res Sec),
Mr. Brandon Mobley, U. S. Army Corps of Engineers, ATTN: CESWF-PER-EE, P.O. Box
17300, Fort Worth, TX 76102-0300, Phone: (817) 886-1714; Fax: 817-886-6499;
E-mail: Brandon.W.MobleY@SWF02.USACE.army.mil
5.2 Natural Resources Manager, Operations Division, Mr. Don Wiese, U. S. Army Corps of
Engineers, ATTN: CESWF-OD-TN, P.O. Box 17300, Fort Worth, TX 76102-0300, Phone:
(817) 886-1568; Fax: 817-886-6455; E-mail: Donald.N.Wiese@SWF02.USACE.army.mil
5.3 Lake Manager, LewisvillelRay Roberts Lake Office, Mr. Randall Mayne, U.S. Army Corps
of Engineers, ATTN: CESWF-OD-LE, 1801 North Mill Street, Lewisville, Texas 75057-1821,
Phone: (972) 469-645-9109; E-mail: Randall.L.Mayne@SWF02.USACE.army.mil
5.4 Realty Specialist, Real Estate Division, Mr. Gordon Sagebie1, U. S. Army Corps of
Engineers, ATTN: CESWF-RE-MM, P. O. Box 17300, Fort Worth, TX 76102-0300, Phone:
(817) 886-1136; Fax: 817-886-6425; E-mail: Gordon.F.Sagebie1@SWF02.USACE.army.mil
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ATTACHMENT B
GOVERNMENT ESTIMATE
FOR
TIERED ENVIRONMENTAL ASSESSMENT NECESSARY FOR NEPA COMPLIANCE
AND OTHER U.S. ARMY CORPS OF ENGINEERS ACTIONS ASSOCIATED WITH
CHANGES TO A PROPOSED MARINA COMPLEX AND LODGE/HOTEL FACILITY
IN HIDDEN COVE PARK
AT LEWISVILLE LAKE, DENTON COUNTY, TEXAS
Cost Estimates for The EID Option
Environmental Section
Cultural Section
Real Estate Division
Operations Division
Travel and Per Diem
$14,000.00
1,000.00
1,000.00
3,000.00
1,000.00
Total Cost of the EID Option
$20,000.00*
*Costs are estimated. Any unused funds will be returned to The Colony upon completion of the
tiered EA.
Note: The Colony has stated that they prefer the EID option. In the event that The Colony later
decides to have the USACE complete the tiered EA in its entirety, the Government estimates
listed above would need to be revised and The Colony would be responsible for following the
SOW outlined in Section 3.2 of this document.
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