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Home My WebLink About1999-166ORDINANCE NO � AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE SUPPLEMENTAL AGREEMENT NO 1 TO LEASE DACW63-1-91-0545 THE CITIES OF DALLAS, TEXAS AND DENTON, TEXAS RAY ROBERTS LAKE, TEXAS WITH THE CITY OF DALLAS AND THE SECRETARY OF THE ARMY (GOVERNMENT) EXPANDING THE LEASED AREA TO ENCOMPASS VARIOUS WETLANDS DEVELOPMENT AND THE GREEN- BELT, AND PROVIDING OTHER CHANGES AS SET FORTH IN MORE DETAIL IN THE BODY OF THIS ORDINANCE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on September 16, 1980, the Cities of Dallas, Texas ("Dallas") and Denton, Texas ("Denton") entered into a contract for recreational development at Ray Roberts Lake, Texas, said contract being DACW63-80-C-0106 and DACW63-80-C-0107, and WHEREAS, on December 13, 1990, Lease DACW63-1-91-0545 (the "Lease") was en- tered into by and between the Government, Dallas, and Denton, whereby Dallas and Denton were granted the use and occupancy of approximately 4,238 acres of land and water for public park and recreation purposes at Ray Roberts Lake, for a term of fifty years, beginning on De- cember 13, 1990 and ending on December 12, 2040, and WHEREAS, Dallas and Denton wish to add an additional 1,126 acres of land in areas known as the wetlands development and an additional 1,300 acres of land in areas covered by water for the greenbelt to expand the leased area from 4,238 acres of land to approximately 6,664 acres of land, and WHEREAS, Dallas and Denton as lessee wish to conduct fish and wildlife management activities on the wetlands and make other changes in the Lease, and WHEREAS, the City Council deems it in the public interest to approve this Supplemental Agreement No 1, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SSECTION I That the Mayor, or in his absence, the Mayor Pro Tem, is hereby authorized to execute Supplemental Agreement No 1 to Lease DACW63-1-91-0545, Cities of Dallas, Texas and Denton, Texas Ray Roberts Lake, Texas between the Cities of Dallas and Denton and the Government, substantially in the form of the attached Supplemental Agreement No 1, ex- panding the leased area from 4,238 acres to 6,664 acres, allowing lessee to conduct fish and wildlife management activities on the wetlands portion of the Lease, and providing other changes as set forth in the body of the Lease SECTION II That the City Manager is further authorized to take any actions and make any expenditures required by the terms and conditions of the attached Supplemental Agreement No 1 SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the IF — day of , 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVEDBY • LEGAL FORM HERBERT L PROUTY,•• BY u i. F �ehare&dep1\LGL\0w Da menle\0rdinwcw\994ey rob" lake doe /�, rI MAYOR Page 2 SUPPLEMENTAL AGREEMENT NO 1 TO LEASE DACW63-1-91-0545 CITIES OF DALLAS, TEXAS AND DENTON, TEXAS RAY ROBERTS LAKE, TEXAS This Supplemental Agreement No 1 made and entered into between the Secretary of the Army, party of the first part, hereinafter referred to as the Government, and the Cities of Dallas, Texas and Denton, Texas, party of the second part, hereinafter referred to in the singular as the Lessee, WITNESSETH WHEREAS, on 16 September 1980, the Government and the Lessee entered into contracts for recreational development at Ray Roberts Lake, Texas, said contracts being numbered DACW63-80-C-0106 and DACW63-80-C-0107, and WHEREAS, on 13 December 1990, Lease No DACW63-1-91-0545, hereinafter referred to as "the lease", was entered into by and between the Government and the Lessee in conjunction with the above contracts, whereby the Lessee was granted the use and occupancy of approximately 4,238 acres of land and water for public park and recreation purposes, Ray Roberts Lake, Texas, for a term of fifty (50) years beginning 13 December 1990 and ending 12 December 2040, but revocable at will by the Secretary of the Army, and WHEREAS, it was agreed upon in said lease that the wetlands, to be developed by the parties hereto, shall be included under said lease by supplemental agreement, hereinafter referred to as "the Wetlands", and WHEREAS, the Lessee wishes to add an additional 1,126 acres of land and areas covered by water to the presently leased premises for the Wetlands development, and WHEREAS, the Lessee wishes to add an additional 1,300 acres of land and areas covered by water to the presently leased premises for an area known as the Greenbelt, and WHEREAS, it is acceptable to the Government to lease an additional 1,126 acres of land and areas covered by water for the Wetlands and 1,300 acres of land and areas covered by water for the Greenbelt, and WHEREAS, the Lessee wishes to conduct fish and wildlife management activities on the Wetlands, and the Government is agreeable thereto, and WHEREAS, the Greenbelt project includes areas covered by conservation easement which the Lessee agrees to manage and preserve, and WHEREAS, the Greenbelt project includes fencing which the Lessee agrees to maintain WHEREAS, the Lessee has requested that any reference to Design Memorandum (DM) 22 be removed from the original lease, and the Government is agreeable thereto NOW, THEREFORE, by mutual agreement of the parties hereto, the original lease is amended in the following respects only 1 All references to "approximately 4,238 acres of land and water" are amended to read "approximately 6,664 acres of land and areas covered by water " 2 That portion of the lease which reads, "hereinafter referred to as the premises, which is generally described as the area outlined in red on Exhibit B which is attached hereto and made a part hereof," shall be amended to read, "hereinafter referred to as the premises, which is generally described as the areas outlined or hatched in red in Exhibits B, B-1 and B-2, which are attached hereto and made a part hereof That portion of the leased premises depicted in Exhibit B-2, beginning at a point South/Southwest of Tract 2530 and continuing to U S Highway 380, and shown in solid red, shall be further described by a western boundary at the top of the west bank of the river and an eastern boundary 100 feet east of the recreation trail " 3 The portion of the lease which reads, "While the premises is shown on Exhibit B to extend to the 632 5 foot contour," shall be amended to read, "Concerning the premises referenced in Exhibit B only, while the premises are shown to extend to the 632 5 foot contour " 4 That portion of the lease which reads, "and the General Development Plan which is attached hereto as Exhibit C, which plans are by this reference made a part hereof," shall be amended to read, " and the General Development Plan which is attached hereto as Exhibits C and C-1, which plans are by this reference made a part hereof " 5 That portion of the lease which reads, "The Lessee shall be guided by an Annual Plan of Operation and Maintenance in furtherance of the Plan of Recreation Development, Design Memorandum (DM) No 8, Ray Roberts Master Plan, Jan, 1983, and DM No 22, Recreation Facilites, as amended by Supplement No 1," shall be amended to read, "The Lessee shall be guided by an Annual Plan of Operation and Maintenance in furtherance of the Plan of Recreation Development, Design Memorandum (DM) No 8, Ray Roberts Master Plan, Jan, 1983 " 6 That portion of the lease, which reads, "Said inventory and all amendments thereto shall be approved in writing by authorized representatives of the parties hereto and shall thereupon become a part of this lease as if originally annexed and attached as Exhibit E," shall be amended to read, "Said inventory and all amendments thereto shall be approved in writing by authorized representatives of the parties hereto and shall thereupon become a part of this lease as if originally annexed and attached as Exhibits E and E-1 " 7 Condition Nos 25, 26, 27, and 28 are added to the lease as follows "25 FISH AND WILDLIFE ACTIVITIES a As to the portion of the premises identified as the Wetlands, shown in Exhibit B-1, the Lessee may plant or harvest crops, either directly, by service contract, by sharecrop agreements with local farmers, or by agricultural agreements to provide food and/or habitat for wildlife and for the development and conservation of land, fish and wildlife, forests, and other natural resources Where feasible contracts and agreements with third parties shall be by competitive bid procedures b Any lands not being managed by the Lessee for wildlife habitat will be made available for lease by the District Engineer for agricultural or grazing purposes under conditions which would not be incompatible with the Lessee's use of the premises c The Lessee may take, trap, remove, stock or otherwise control all forms of fish and wildlife on the premises, and may place therein such additional forms of fish and wildlife as it may desire from time to time, and shall have the right to close the area, or any parts thereof from time to time, to fishing, hunting or trapping, provided that the closing of any area to such use shall be consistent with the state laws for the protection of fish and wildlife 26 GREENBELT CONSERVATION EASEMENTS a Lessee agrees to lease the Greenbelt premises expressly subject to the terms, covenants and conditions of those certain Conservation Easements, in favor of the United States, recorded in the Real Property Records of Denton County, Texas, the form of which is attached hereto as Exhibit F b Lessee agrees to enforce all of the terms, covenants and conditions of said Conservation Easements, the area of which is depicted in green on Exhibit B-2, and, in the event Lessee fails to enforce such terms, covenants and conditions, then, the United States may do so, and charge Lessee a reasonable fee, with any interest allowed by Federal law, to take all appropriate enforcement actions c Lessee agrees to hold the United States harmless from any and all claims arising from enforcement of the terms, covenants and conditions of the Conservation Easements, except for damages due to the fault or negligence of the United States or its contractors 27 SUBLEASE APPROVAL Any sublessee, or other party granted an interest, privilege, or license whatsoever in connection with the lease, shall provide to the Lessee, for coordination with the United States, any request for approval 28. PRELIMINARY ASSESSMENT SCREENING a An Environmental Baseline Survey (EBS), documenting the known history of the Property with regard to the storage, release, or disposal of hazardous substances thereon, is attached hereto and made a part hereof as Exhibit G Upon expiration, revocation or relinquishment of this lease, another EBS shall be prepared which will document the environmental condition of the property at that time A comparison of the two assessments will assist the said officer in determining any environmental restoration requirements Any such requirements will be completed by the Lessee in accordance with the condition on RESTORATION b The information contained in this notice is required under the authority of regulations promulgated under Section 120 (h) of the Comprehensive Environmental Response, Liability, and Compensation Act (CERCLA or "Superfund") 42 United States Code Section 9620 (h) The Secretary has made a complete search of its records concerning the subject property to this lease Those records indicate that the following hazardous substances have been found on the premises (1) Lead -Based Paint The Lessee should consult the EBS described in sub -paragraph a above for more details (2) Dump Sites The Lessee should consult the EBS described in sub -paragraph a above for more details All other provisions of the lease remain unchanged and in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand by direction of the Secretary of the Army this 15+ day of Z Yt-fe 1999 VC t /� AX/ Hya He Chief, Real Estate Division of P�s SUPPLEMENTAL AGREEMENT NO � A� 1999, by the City of Dallas Approved as to form Angela K Washington Interim City Attorney BY AAssistalenteClli�ty- t r4CAttol 1 is also executed this day BY Assistant ity Manager CERTIFICATE I, AfeEgCg r—= 0� certify that I am an Assistant City Attorney of the City of Dallas, Texas named as Lessee herein That who signed this Supplemental Agreement No 1 on behalf of the Lessee was then an Assistant City Manager of the City of Dallas, Texas, and that said Supplemental Agreement No 1 was duly signed for and on behalf of the City by authority of its governing body and is within the scope of its legal powers 14 Assistant City Attorney City of Dallas This SUPPLEMENTAL AGREEMENT NO of 1999, by the City of Denton ATTEST 1 is also executed this /0 i? day CITY OF DENTON BY / BY City Secretary 4 Ja c i ler, Mayor Approved as to Legal Form Herbert L Prouty, City Attorney FM CERTIFICATE I, Herbert L Prouty , Certify that I am an City Attorney the City of Denton, Texas named as Lessee herein That Jack Miller of who signed this Supplemental Agreement No 1 on behalf of the Lessee was then Mayor of the City of Denton, Texas, and that said Supplemental Agreement No 1 was duly signed for and on behalf of the City by authority of its governing body and is within the scope of its legal powers uf• 40l SEC SEGMENT INOE% III SOLCMON x SCOTT SURVEY K 1125 SARAN CROSS SURVCY • .Io I I qII I I I I I i I I I I I I 1 I � I I I I � I NEZEXIAN Ed KES SURVEY I 1 I IIlx l xl x'f I 39E I I I I I I I I I — I I ONN 3 VCL50N SURVEY • 910 JOIN N SERGIN SURVEY EXHIBIT B-1 PAGE 1 of 2 SEGMENT 22, Wetlands TRACT Acreage 2200 91.06 2201 124.50 2202 30.12 2203 1.63 2204 10.55 2206 128.83 2207 78.91 2208 7.96 2210 76.25 2211 10.00 2212 153.05 2213 99.36 2214 134.41 2216 153.47 2217 16.17 2218 7.41 2219 1.94 TOTAL 1,125.62 acres EXHIBIT B-1 PAGE 2 of 2 t Rood 45 farrntobAo" Elm Fork "� off —.; ; St John Road Trinity River N McKinneyRoad Ckued P� i Bray Branch site --• Boundary • N ,1}ti' 4� • • Block Jack Road y' y,j -- • _ - -- Aubrey Branch • Form to Market Rood t • � od 428 • i: O ,off` E Culp Branch :-�' • Site .: Boundary Site Boundary q�arCreek LEGEND' i I Elm Fork of the Qo . ffpp, Sft 11 Trinity River pp WICUI' 4-AST IIa • �� t (Not f0 Scale) 11( 4 I � Figure 10 ISte layout showing areas of potential concern identified on and near the site INVENTORY OF GOVERNMENT LEASED PROPERTY RAY ROBERTS LAKE LEASE NO DACW63-1-91-0545 (ORIGINAL LEASE INVENTORY) LOCATION DESCRIPTION QUANTITY ELM CREEK PARK ROCK RESTROOM FISH CLEANING SHELTER FISHING PLATFORM / PARKING PLAYGROUND PICNIC SHELTER SITES W/COOKERS ELM FORK PARK SURFACING - PAVED ROADS BUCK CREEK PARK WOOD PIT TOILET / LG PARKING LONG CONCRETE STAIRWAY/HANDRAILS COURTESY DOCK BOAT RAMP (2 LANES) / PARKING SURFACING - PAVED ROADS ENTRANCE SIGN PECAN CREEK ACCESS LARGE ENTRANCE SIGN WOOD PIT TOILET COURTESY DOCK BOAT RAMP (2 LANES) SURFACING - PAVED ROADS SANGER ACCESS LARGE ENTRANCE SIGN COURTESY DOCK BOAT RAMP (4 LANES) WOOD PIT TOILET BOAT RAMP SURFACING - PAVED ROADS POND CREEK ACCESS SURFACING - PAVED ROADS ENTRANCE SIGN COURTESY DOCK BOAT RAMP (4 LANE) WOOD PIT TOILET JORDAN PARK ACCESS BOAT RAMP ROAD WOOD TOILET COURTESY DOCK W/PARKING ENTRANCE SIGN 1 17 6 O MILES 10 MILE 10 MILE 1 10 MILE 10 MILE 2 3 0 MILES EXHIBIT E ISLE DUBOIS PARK ENTRANCE SIGN I DUMP STATION I FISH CLEANING STATION I VOLLEY BALL COURTS 3 BOAT RAMP (6 LANE) 2 COURTESY DOCK 3 PLAYGROUND 4 HORSE TETHRING/EQUESTRIAN I CAMP SITES 3 LANDSCAPING ROADS SURFACING - PAVED ROADS 6 0 MILES WATER TOWER FENCE I WATER WELL I ROCK WATERBORNE RESTROOM 2 ROCK WATERBORNE RESTROOM W/SHOWERS 1 COURTESY DOCK W/BOAT RAMP I FISHING PIER I GROUP SHELTER 2 *ISLE HAWTHORN WOOD PIT RESTROOM/PARKING 4 PRIMITIVE CAMPSITES 40 *ISLE DEER RIDGE ROCK WATERBORNE RESTROOM W/SHOWERS 2 PLAYGROUNDS 2 CAMPSITES 76 *ISLE WILD PLUM WOOD PIT RESTROOMS 2 PICNIC SITES 15 *ISLE QUAIL RUN ROCK WATERBORNE RESTROOM W/SHOWER I PLAYGROUND WITH PARKING #1 1 CAMPSITES 39 *ISLE BLUESTEM GROVE GROUP SHELTER I WOOD PIT RESTROOM I CAMPSITES 14 * AREAS WITHIN ISLE DUBOIS PARK 2 EXHIBIT E JOHNSON BRANCH PARK ENTRANCE SIGN PLAYGROUND WATER SYSTEM FOOT BRIDGE LANDSCAPING CAMP SITES BEACH CHANGE HOUSE CAMPER SERVICE BLDG COMFORT STATION GROUP SHELTER WATERBORNE TOILET WOOD TOILET BOAT RAMP DUMP STATION PRIMITIVE SITES ACCESS TRAIL HIKE/BIKE TRAIL **DOGWOOD CANYON WOOD TOILET CAMPSITES **JUNIPER COVE PLAYGROUND CAMPSITES CAMPER SERVICE BUILDING **WALNUT PLAYGROUND CAMPSITES CAMPER SERVICE BUILDING FOOT BRIDGE **OAK POINT PICNIC SITES BOAT RAMP (4 LANE) COURTESY DOCK GROUP SHELTERS WOOD TOILET FISH CLEANING STATION BEACH CHANGE HOUSE W/SHOWERS WATERBORNE TOILETS PLAYGROUND LI Pi 2 8 MILES 53 39 m, 30 1 **RECREATION AREAS WITHIN JOHNSON BRANCH PARK LAST ITEM******************************************************* EXHIBIT E RAY ROBERTS LAKE GREENBELTINVENTORY Trail 50,621 LF $1,773,323 00 Roads and Parking $ 807,627 00 Canoe aunch 2 EA $ 48,500 00 Pedestr an Bridge 3 EA $ 373,800 00 Water Borne Toilet 1 EA $ 175,000 00 Sanitary Waste Treatment System Ext Electrical System $ 250,000 00 $ 46,800 00 Solar S stem $ 41,611 00 Horse ethering $ 1,50000 Composting Toilet Waterline 2'/2 inch 2 EA 768 LF $ 68,439 00 $ 11,520 00 Waterline 1 inch 495 LF $ 6,93000 Water Hydrants Culverts 2 EA $ 1,800 00 $ 85,000 00 Sidewalks 1,909 SY $ 51,543 00 Fence 560 LF $ 5,600 00 Gate 1 EA $ 1,50000 Signs Metal earn Guard Fence 811 LF $ 11,958 00 $ 12,976 00 Picnic Tables 19 EA $ 23,750 00 P-lcmc Tables wrth Shelters 5 EA $ 22,500 00 Handicap Picnic Tables Grills 5 EA 29 EA $ 6,75000 $ 7,97500 Trash Dispensers Bike Racks 15 EA 3 EA $ 4,50000 $ 3,00000 Benchas Canoe,Launch and Channel(455) TEA $ 2,100 00 $ 84,100 00 Landscaping and nrigation (428) Equestrian Bridge and Trail Chute at 428 $ 7,00000 $ 57,000 00 $ 17,000 00 Equestrian Bridge Slope Paving $ 27,000 00 TOTAL 1$ 4,056,408 00 EXHIBIT E-1 PERPETUAL CONSERVATION EASEMENT A perpetual and assignable right, power, privilege and easement to permanently preserve in its present state the property described in Exhibit , together with all right, title and interest in and to the residential structures now situate on the land, to prevent use or development of the property that would conflict with the preservation and maintenance of the property in its scenic natural condition, and to provide for rights, terms, conditions, and restrictions on the property as hereinafter set forth 1 No use of the property can be made other than the continuation of present agricultural grazing or crop use, which agricultural use can not be expanded or changed but may be discontinued, the intent of the easement being to maintain the property in its present scenic, natural state Herbicides and pesticides shall not be applied to the agricultural fields in such a manner as to injure, harm or affect the vegetation, persons or wildlife on adjacent lands 2. No additional structures of any nature or type, temporary or permanent, shall be placed or constructed on the property, except fences, which can be repaired or replaced with fencing similar to that existing at the time of this acquisition 3 No mineral development of any type shall be conducted on the property 4. No recreational mechanized or recreational motorized vehicles of any nature are allowed on the property 5 There shall be no dumping of soil, trash, ashes, garbage, waste or other unsightly or offensive material 6. There shall be no excavation, dredging or removal of loam, gravel, soil, rock, sand, or other material, nor any building of roads or other change in the general topography of the land, except for the maintenance of existing foot trails, fire lanes, farm roads or other accesses. There shall be no water wells drilled on the property EXHIBIT F 7 There shall be no removal, destruction, or cutting of trees, shrubs, or other vegetation except as may be necessary for (a) crop removal, b) the maintenance of existing foot trails, fire lanes, or other accesses, (c) the prevention or treatment of disease, or (d) other good husbandry practices approved by the District Engineer or his representative 8 No advertising of any kind or nature shall be located on or within the property. 9. There shall be no activities, actions, or uses detrimental or adverse to water conservation, erosion control, soil conservation, and fish and wildlife habitat preservation 10 The United States has the right to enter the property at all reasonable times for the purpose of inspecting and patrolling the property to determine compliance with the terms, conditions, restrictions and purposes of this Conservation Easement. 11. The United States has the right to permanently monument, for identification, the boundaries of the Conservation Easement, which monumentation will not be removed or disturbed by the Grantor, his successors or assigns Grantor reserves for himself, his personal representatives, heirs, successors, or assigns, the right to continue the use of the property for all purposes not inconsistent with this Conservation Easement The Conservation Easement is acquired subject to existing easements for public roads and highways, public utilities, railroads and pipelines. The terms, conditions, restrictions, and purposes of the Conservation Easement will be a servitude running in perpetuity with the land and shall be binding on Grantor, his agents, personal representatives, heirs and assigns and all successors to him in interest and Grantor agrees that the terms and conditions of the Conservation Easement will be inserted by him in any subsequent deed or legal instrument by which he divests himself of either the fee simple title to or his possessory interest in the property - 2 - ENVIRONMENTAL BASELINE SURVEY 1 General Operations Division responsibilities for compiling with CERCLA are satisfied by completing an Environmental Baseline Survey (EBS) (formerly the PAS/PEE) consisting of a review of available records and interviews with persons or agencies who may have knowledge of the past history of the property in question to determine d hazardous substances were released I(vented or spilled), stored, or disposed of on the property in threshold quantities Note If any finding(s) are answered "Yes", describe details on a separate page and attach to this EBS a Records Review Records Finding Agency Finding Review No Yes Date Interview No Yes Date Master Plan [X] [ ] Aerial Photos [X] [ ] OMP [X] [ ] ERGO Reports [X] [ ] Permanent Files [XI [ ] b On -site Review Finding No Yes N/A Provision [ ] 1) Is there any evidence of past or present treatment, storage, spillage, or disposal of hazardous substances in the action area? NOTE. SEE ATTACHED PH 1, PRELIMINARY ASSESSMENT SCREENING EXCERPT [ ] [XJ [) 2) Is there any lead -based paint on any of the structures? (Visually inspect existing buildings, if any, for lead based paint (LBP) (usually, paint walls earlier than 1978)) NOTE: SEE ATTACHED LBP INSPECTION REPORT [X] [] 3) Is there any evidence of polychlonnated biphenols (PCB) contamination? (Visually inspect boundaries and interior of the land area for presence of leaking electrical transformers, and other potential sources of (PCB)) [X] [] 4) Is there any asbestos -containing materials in the area? (Visually inspect existing buildings, if any, for asbestos -containing materials)) [X] [ ] 5) Are there UST=s on the property? [X] [] 6) Are there above ground storage tanks on the property? 1 EXHIBIT G 2 Statement of Condition [x] a According to the information above, no hazardous substances were identified as released, stored, or disposed on the property in threshold quantities NOTE Household dump with low to moderate risk. b The above information indicates hazardous substances were released, stored, or disposed of on the property in threshold quantities [ ] 1) The site has been tested and no contaminants were found in detectable levels The property is considered safe for the proposed use [X ] 2) The site has been tested and contaminants were found in detectable levels Remedial action has been taken and the property is considered safe for the proposed use NOTE Lead -based paint chips removed Remaining paint encapsulated [ ] 3) The site has been tested and contaminants were found in detectable levels Remedial actions have not been taken Details and justification for outgrant.ng in the current condition are attached [) 4) The site has been tested and contaminants were found in detectable levels Remedial actions have not been taken Therefore, Non -availability is recommended [ ] 5) The site has not been tested Therefore, Non -availability is recommended Statements and/or Conditions b (2) (Either a b (t, 2 3 or 4)) Signature Position Park Ranger (e g Park Ranger/Speaalist/Menager etc ) ee_=aeeexmeee=sesames=sae Reserved for District Office concur [q/nonconcur [ ] Condition D(Statements and/or Conditions) Signature ��^ Position 15-/t/�e� 9 2— (Nature. Resource Manager) EXHIBIT G CESWF-EO-E (200-1a) 3 March 1998 Drye_Ir� /1649 P10 MEMORANDUM FOR CESWF-PM, ATTN: CESWF-PM-C (T. VOGT) SUBJECT: Lead -Based Paint Inspection for Old F.M 428 Bridge 1. On 2 March 1999, personnel from CESWF conducted a lead -based paint (LBP) survey of the Old F M. 426 bridge over the Elm Fork of the Trinity River. Results, of the survey are shown in Table 1 (enclosed). The bridge was an old (unknown age), steel, truss -style structure with three spans and dimensions of approximately 250'x 201. Various painted components of the bridge were measured for lead concentratiop and these generally consisted of trusses, supports, and joints. With the exception of concrete beams, the bridge had been painted a light green coating in its entirety that was found to be in poor condition. Beneath this coat was a yellowish green painted surface that was als found to be in poor condition. A sign on the southwestern side of the bri;ge indicated that the paint was applied on 2 December 1976. The survey consisted of 28 x-ray fluorescence (XRF) readings, counting the calibration check, and two readings of the adjacent newer bridge. Of the reading, 13 were determined to be x 1.0 mg/cm? , the level at which lead is considered to be at a concentration of approximately 5,000 mg/kg. Two readings taken at the adjacent, and more recently constructed F.M. 428 bridge, were from a white painted surface in good condition and the readings did not indicate any presence of lead. Field notes showing locations of XRF readings are attached. 2 Technical manager for the Environmental Design Branch is Jim Drysdale. He nan ho reached at telsohone 8-3221, EST 1649. ��2 Encl MARK E. SIMMONS, P.E Chief, Environmental Design Branch TABLE 1 - LEAD -BASE PAINT SURVEY FM 428 BRIDGE OVER ELM FORK OF THE TRINITY RIVER Reading No Location PaintColor Paint Substrate (mg/cm2) Condition Calibration aBlock 2 Calibration Yellow N/A Wood Block 10 3 Calibration Yellow N/A Wood Block 10 4 Calibration N/A N/A Wood Block 0 0 5 Calibration N/A N/A Wood Block -01 6 Calibration N/A N/A Wood Block 0 0 7 Bridge Truss Light Green Poor Metal 10 8 Bridge Truss Light Green Poor Metal 01 9 Bridge Truss Light Green Poor Metal Is 10 Bridge Truss Light Green Poor Metal 10 11 Bridge Truss Light Green Poor Metal 21 12 Bridge Truss Light Green Poor Metal 17 13 Expansion Joint Red Good Metal -0 2 14 Bridge Truss Light Green Poor Metal 10 15 Bridge Truss Light Green Poor Metal 21 16 Road Yellow Poor Concrete 8 5 17 Bridge Truss Light Green Poor Metal 10 18 Bridge Truss Light Green Poor Metal 2 0 19 New Bridge Span White Good Concrete 03 20 Expansion Joint Not Painted Good Metal 00 21 Road Not Painted N/A Concrete 01 22 Expansion Joint Red Good Metal -0 2 23 Bridge Truss Yellowish Green Undercoating Poor Metal 1 0 24 New Bridge Span White Good Concrete 03 25 Bridge Support Light Green Fair Metal 00 26 Bridge Support Light Green Fair Metal 00 27 Bridge Support Light Green Fair Metal 18 28 Bridge Support Light Green Fair Metal 10 Excerpt from Phase I Preliminary Assessment Screenine Dump sites observed contain a variety of household and light industrial wastes (See Figure 10 ) Most of the items and types of items seen at dump sites are included in the following categories kitchen appliances, hot water heaters, plumbing fixtures, furniture and carpeting, rusted sheet metal, paint cans, construction materials, tires, vehicle fluid containers (oil, anti -freeze, fuel, lubricant, etc ), and household trash (dominantly metal, plastic, and glass containers) Most of the items were identified as non -hazardous, however, some containers were too old and deteriorated to identify their original contents, and it is impossible to surmise if all containers of oils, paints, and other potentially hazardous materials were empty when deposited In one location just south of Tract #2516 at least six empty 5- gallon containers of strongly acidic industrial masonry cleaner, complete with material safety data sheets (MSDS), had been discarded with other assorted refuse Depositing of waste generally followed one of five patterns (1) containers related to vehicle maintenance scattered around the perimeter of a cultivated field, (2) beverage containers scattered in a "partying area", (3) a one-time dumping of household waste, (4) the dumping of household waste over a period of time in the same place, and (5) large-scale dumping of both household and other waste from multiple sources Some of the locations where materials were dumped in creek beds showed clear evidence of subsequent movement by water, this has the additional potential hazard of polluting surface water resources In addition to disposal sites observed during the site inspection, there were two other instances of dumping reported by concerned neighbors including large numbers of tires on Tract #2518 and drainage hoses emptying directly from recreational vehicles and camping trailers into the ditch on the west side of Tract #2517 The tires were subsequently removed by several large flatbed trucks, the drainage hoses were dismantled shortly before the GMI site inspection