Loading...
HomeMy WebLinkAbout2001-254ORDINANCE NO 640D1—A4 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PAYMENT OF A FEE BY THE CITY OF DENTON FOR THE NORTH POINT DETENTION POND PROJECT, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 16053 TO NATURE CONSERVANCY OF TEXAS, IN THE AMOUNT OF $51,182 76) WHEREAS, in order to comply with the agreement requirements contained in the June 13, 2001 letter from USA Army Corps of Engineers Environmental Division, Regulatory Branch referencing project number 200000151, Cooper Creek/North Point Detention Pond for payment of adverse project impact fees, the City of Denton is required to pay such fees to the Nature Conservancy of Texas, and WHEREAS, the City Manager has reviewed and recommended that the City Council approve and authorize the payment of such, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the expenditure of funds in the amount of $51,182 76 to be paid to the Nature Conservancy of Texas, in the specified amount shown on the letter dated June 13, 2001 which is attached to and made a part of this ordinance for all purposes is hereby authorized SECTION 2 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 26t day of 2001 &4w-� k�tct EULINE BROCK, MAYOR ATTEST 7EN R WALTERS, CITY SECRETARY BY APP VED AS TO LEGAL FORM HERBERT O CITY ATTORNEY BY Fee ORDINANCE 2001 June 13, 2001 Environmental Division Regulatory Branch SUBJECT Project Number 200000151 Mr Steven P Watters Freese and Nichols, Inc 4055 International Plaza, Suite 200 Fort Worth, Texas 76109-4895 Dear Mr Watters Thank you for your initial letter of February 18, 2000, aad subsequent correspondence concerning the proposed construction of the Cooper Creek Regional Detention Pond Number 1 to be located in the North Pointe subdivision in Denton, Denton County, Texas This project has been assigned Project Number 200000151 Please include this number in all future correspondence concerning this project Failure to reference the project number may result in a delay We have reviewed this project in accordance with Section 404 of the Clean Water Act and Section 10 ofthe Rivers and Harbors Act of 1899 Under Section 404, the U S Army Corps of Engineers (USACE) regulates the discharge of dredged and fill material into waters of the United States, including wetlands Our responsibility under Secton 10 is to regulate any work in, or affecting, navigable waters of the United States Based on your description of the proposed work, and other information available to us, we have determined that this project will not involve activities subject to the requirements of Section 10 However, this project will involve activities subject to the requirements of Section 404 Therefore, it will require Department of the Army authorization We have reviewed this project under the notification procedures of Nationwide Permit General Condition 13 (FO eral Register, Vol 61, No 241, Friday, December 13, 1996) We have deternuned that this project is authorized by nationwide permit 26 for Headwaters and Isolated Waters Discharges To use this permit, the person responsible for the project must ensure that the work is in compliance with the specifications and conditions listed on the enclosures and the special conditions listed below The special condition for this permit is as follows 1 The perrruttee shall provide $51,182 76 to "The Nature Conservancy of Texas" (TNCT) for deposit in the Trinity -Brazos Region In -Lieu Fee Trust Fund This fee shall compensate off -site for unavoidable adverse project impacts to waters of the United States that would not be compensated for by on -site or other off -site mitigation The permittee shall complete the in -lieu fee transaction and provide documentation to the USACE that the transaction has occurred within 60 days of the date of this letter To complete your in -lieu fee transaction, please remit a check -2— payable to "The Nature Conservancy" to The Nature Conservancy of Texas, in care of Ms Diane Schenke, 4702 Highway 146 North, Texas City, Texas 77590 Please write "USACE Project Number 200000151" on the check Questions for The Nature Conservancy should be directed to Ms Schenke at (409)941-9114 Failure to comply with these specifications and conditions invalidates the authorization and may result in a violation of the Clean Water Act Our verification for this activity under nationwide permit 26 is valid until February 1 L, 2002 If you commence, or are under contract to commence, this activity before the expiration date, you will have twelve months from that date to complete the activity under the present terms and conditions of nationwide permit 26 Continued confirmation that an activity complies with the specifications and conditions, and any changes to the nationwide permit, is the responsibility of the perms tee Our review of this project also addressed its effects on endangered species Based on the information provided, we have determined that this project will not affect any species listed as threatened or endangered by the U S Fish and Wildlife Service within our permit area However, please note that you are responsible for meeting the requirements of general condition 11 on endangered species The permittee must sign and subrrut to us the enclosed certification that the work, including any required mitigation, was completed in compliance with the nationwide permit You should submut your 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, invasion of private rights, 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 concerting our regulatory program, please contact Mr David Madden at the address above or telephone (817)978-4622 if you would like more information about our nationwide permit program, please contact us and we will furnish you with a copy of the nationwide pernnt regulations Sincerely, Wayne A Lea Chief, Regulatory Branch Enclosures SCOTT ESWF-PER-R L LEA/CESWF-PER-R