army corps of engineers' letters to dallas

8/20/2019 Army Corps of Engineers' Letters to Dallas

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Regulatory Division

DEP RTMENT

OF THE RMY

FORT WORTH DISTRICT, CORPS OF ENGINEERS

P. 0 BOX 17300

FORT WORTH, TEXAS 76102 0300

December 15 2015

ERTIFIED M IL RETURN RE EIPT REQUESTED

SUBJECT: Project Number SWF-2007 -00209, NON-COMPLIANCE

Mr. John Reynolds, PLA

Sr. Project Coordinator

Dallas Park and Recreation Department

City

of

Dallas

1500 Marilla Street

Dallas, Texas 75201

Dear Mr. Reynolds:

City

of

Dallas

DEC 17 2 15

Park Dept·

Plannmg

Des1gn

6FS

Since 2011, your staff and consultants have had communication with my staff

regarding potential modification scenarios to the Standing Wave white water feature,

U.S. Army Corps of Engineers (USAGE) Project Number SWF-2007-00209. Please

include this number in all future correspondence concerning this project. On April 21

2015, USAGE staff members met with your staff and consultants and asked they

continue towards final design of the modified bypass channel and continue looking for

improvements at the bypass channel exit. Since that time, we have received minimal

updates.

Please recall our June 22, 2011, letter sent to Mr. Kelly High, Director

or

the Trinity

Watershed Management where we expressed concern over the Standing Wave bypass

channel not functioning as intended in the permit application. Those sentiments

continue to exist and unless the bypass channel is modified to allow safe boater

passage (motorized and non-motorized) both

up

and downstream, the project will

remain in non-compliance for adversely affecting a navigable water of the United States

under

Section 10 of the Rivers and Harbors Act of 1899.

We request that you acknowledge receipt of this letter in writing by December

30

2015, and provide a detailed timeline showing the intended path forward. You may

include any other information you deem pertinent. Failure to comply with the above

request will result in continued enforcement actions with possible permit

suspension/revocation under the procedures located at 33 CFR 325.7(c) and may

recommend legal action in accordance with 33 CFR 326.5.



-2-

e

look forward to your cooperation

in

this matter and hope to reach a resolution

of

your case in the near future. If you have any questions concerning this matter, please

contact

Mr

Neil Lebsock at the address above or telephone 817) 886-1743.

Sincerely,

s d i i ? s , ~

Chief, Regulatory Division



Regulatory Division

DEP RTMENT

OF

THE RMY

FORT WORTH DISTRICT, CORPS OF ENGINEERS

P. 0

BOX

17300

FORT WORTH, TEXAS 76102 0300

January 5, 2016

ERTIFIED M IL RETURN RE EIPT REQUESTED

SUBJECT: Project Number SWF-2007-00209, RESPONSE TO TIME EXTENSION

Mr. John Reynolds, PLA

Sr. Project Coordinator

Dallas Park and Recreation Department

City of Dallas

1500 Marilla Street

Dallas, Texas 75201

Dear Mr. Reynolds:

This is

in

regards to your letter dated December 30, 2015 responding to our non

compliance letter dated December 15, 2015 and received in your office December 17,

2015. Your letter states an oversight and the holiday s prohibited you from responding

with a detailed timeline as required. Additionally, you requested a

30 day time

extension to provide us a detailed timeline.

We believe the timeframe allotted

in

that letter was sufficient

to

respond to

th 3

request considering the amount of time and effort that has been expended on this

project. As you recall, a timeline had previously been provided by the City of Dallas

(City), but is outdated and we are requesting that it be updated with reasonable dates

that the City will adhere to. We have considered the 30 day extension request but have

determined that 15 additional days, similar to our original request,

is

appropriate.

Accordingly, we request that you acknowledge receipt of this letter in writing and

provide a detailed timeline showing the intended path forward by January 20, 2016.

You may include any other information you deem pertinent. Failure to comply with the

above request will result in continued enforcement actions with permit

suspension/revocation under the procedures located at 33 CFR 325.7(c) or we will

recommend legal action in accordance with 33 CFR 326.5.



-2-

elook forward to your cooperation

n

this matter and hope to reach a resolution of

your case

n

the near future. If you have any questions concerning this matter, please

contact Mr. Neil Lebsack at the address above or telephone 817) 886-1743.

Sincerely,

P--/ lvJJ£4

. ~ § L . , . . B r o o k s

Chief, Regulatory Division

army corps of engineers' letters to dallas

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