1999-166AN 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, smd 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
SECTION 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 actlwtles on the wetlands portion of the Lease, and providing other changes
as set forth in the body of the Lease
SECTION li 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 th~s ordinance shall become effective ~mmedmtely upon ~ts passage
and approval
PASSED AND APPROVED thls the /[~'~-- dayof ~/~/ ,1999
JA~LL-E[[~ MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
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 pubhc 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 w~ll by the Secretary
of the Army, and
WHEREAS, it was agreed upon m said lease that the wetlands, to be developed by
the part~es hereto, shall be ~ncluded under sa~d 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
malntaln
WHEREAS, the Lessee has requested that any reference to Design Memorandum
(DM) 22 be removed from the original lease, and the Government ~s agreeable thereto
NOW, THEREFORE, by mutual agreement of the parues hereto, the original lease
~s amended ~n the followmg respects only
1 All references to "approximately 4,238 acres of land and water" are amended to
read "approxunately 6,664 acres of land and areas covered by water"
2 That port~on of the lease which reads, "hereinafter referred to as the premises,
which ~s generally described as the area outhned 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, whmh ~s generally described as the areas outhned or hatched ~n red in Exhibits
B, B-1 and B-2, which are attached hereto and made a part hereof That port,on of the
leased premises depicted in Exfub~t B-2, beglnmng at a point South/Southwest of Tract
2530 and continuing to U S H~ghway 380, and shown ~n sohd red, shall be further
described by a western boundary at the top of the west bank of the r~ver and an eastern
boundary 100 feet east of the recreation trail"
3 The port~on of the lease which reads, "While the premises ~s shown on Exhibit
B to extend to the 632 5 foot contour," shall be amended to read, "Concermng the
premises referenced m 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
wfuch 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 ~s attached
hereto as Exhibits C and C-I, which plans are by th~s reference made a part hereof"
5 That port,on of the lease which reads, "The Lessee shall be graded by an
Annual Plan of Operation and Mamtenance in furtherance of the Plan of Recreation
Development, Design Memorandum (DM) No 8, Ray Roberts Master Plan, Jan, 1983,
and DM No 22, Recreation Facfl~tes, as amended by Supplement No 1," shall be
amended to read, "The Lessee shall be graded 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 port~on of the lease, which reads, "Said ~nventory and all amendments
thereto shall be approved m 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 m writing by authorized representatives of the parties hereto and shall
thereupon become a part of this lease as if originally annexed and attached as
Exhlblts E and E~i"
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 m Exhibit
B-l, 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 wlldhfe
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, m 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 m green on Exhibit B-2, and, in
the event Lessee fails to enforce such terms, covenants and conditions, then, the Umted
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 sublessce, or o~her party granted an interest, prlwlcge, or hcense whatsoever
in conllectlon with the lease, shall provide to the Lessee, for coordination with the
Umted States, any request for approval
28. PRELIMINARY ASSESSMENT SCREENING
a An Environmental Baseline Survey (EBS), documenting the known history of the
Property w~th 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
rehnqulshment of th~s lease, another EBS shall be prepared which w~ll document the
enwronmental condition of the property at that time A comparison of the two
assessments w~ll assist the said officer m determining any environmental restoration
requirements Any such requirements will be completed by the Lessee ~n accordance
with the condition on RESTORATION
b The mformat~on contained in this not~ce ~s 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
concermng 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 ~n
sub-paragraph a above for more details
(2) Dump S~tes The Lessee should consult the EBS described in
sub-paragraph a above for more details
All other prows~ons 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 ] ~ day of ~3-Ot,/~ 1999
Chief, Real Estate D~wslon
T~s. SUPPLEMENTAL AGREEMENT NO 1 is also executed this/ff~day
of r//f/a~/,~ 1999, by the City of Dallas
Approved as to form
Angela K Washington .¢ , /~
Interim C. tt~ Attorney _ ~.
BY ~/t~r~ ~/~ BY
/ Assistan~ City ~t~-C~ ~/ Asslsta
CERTIFICATE
I,/4q/,f~l~/~,~ ,~.~r'_ ,~., cert,fy that, 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
ttorney- - ~
City of Dallas
Thru SUPPLEMENTAL AGREEMENT NO 1 m also executed this /~ day
of .~/~;~- 1999, by the C,ty of Denton
ATTEST CITY OF DENTON
~lty Secretary ' ~/~iller, Mayor
Approved as to Legal Form
Herbert L Prouty, City Attorney
City AUorney ~
CERTIFICATE
I, Herbert L Prouty , certl~ ~at I am an city Attorney of
· e City of Denton, Texas named as Lessee herein That Jac, ,k Miller -,
who signed thru Supplemental Agreement No 1 on behalf of the Lessee was then
Mayor , of the City of Denton, Texas, and uhat smd Supplemental
Agreement No 1 was duly mgned for and on behalf of fl~e C~ty by aufl~onF of its
govermng body and ~s w~thln '~e scope of ~m legal powers
---- I
I'
EXHIBIT B-1
PAGE 1 of 2
SEGM£NT 22, Wetlands
TRACT Acreage
220O 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 lO.D0
2212 153.05
2213 99.36
2214 134.41
2216 163.47
2217 16.17
2218 7.41
2219 1.94
TOTAL 1,125.62 acres
EXHIBIT B-1
PAGE 2 of 2
Elm Fork ,,
St Jo~
T~nlty r~ver
~d
Br~
Site ;"
I ;.~ · Block Jack Rcx3d
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 2
FISH CLEANING SHELTER 1
FISHING PLATFORM / PARKING 1
PLAYGROUND 1
PICNIC SHELTER SITES W/COOKERS 17
ELM FORK PARK SURFACING - PAVED ROADS 60 MILES
BUCK CREEK PARK WOOD PIT TOILET / LG PARKING 1
LONG CONCRETE STAIRWAY/HANDRAILS 1
COURTESY DOCK 1
BOAT RAMP ( 2 LANES) / PARKING 1
SURFACING - PAVED ROADS 1 0 MILE
ENTRANCE SIGN 1
PECAN CREEK ACCESS LARGE ENTRANCE SIGN 1
WOOD PIT TOILET 1
COURTESY DOCK 1
BOAT RAMP (2 LANES) 1
SURFACING - PAVED ROADS 1 0 MILE
SANGER ACCESS LARGE ENTRANCE SIGN 1
COURTESY DOCK 1
BOAT RAMP (4 LANES) 1
WOOD PIT TOILET 1
BOAT RAMP 1
SURFACING - PAVED ROADS 1 0 MILE
POND CREEK ACCESS SURFACING - PAVED ROADS 1 0 MILE
ENTRANCE SIGN 1
COURTESY DOCK 1
BOAT RAMP (4 LANE) 1
WOOD PIT TOILET 1
JORDAN PARK ACCESS BOAT RAMP 2
ROAD 3 0 MILES
WOOD TOILET 1
COURTESY DOCK W/PARKING 1
ENTRANCE SIGN 1
EXHIBIT E
ISLE DUBOIS PARK ENTRANCE SIGN 1
DUMP STATION 1
FISH CLEANING STATION 1
VOLLEY BALL COURTS 3
BOAT RAMP (6 LANE) 2
COURTESY DOCK 3
PLAYGROUND 4
HORSE TETHRING/EQUESTRIAN 1
CAMP SITES 3
LANDSCAPING
ROADS
SURFACING - PAVED ROADS 6 0 MILES
WATER TOWER FENCE 1
WATER WELL 1
ROCK WATERBORNE RESTROOM 2
ROCK WATERBORNE RESTROOM W/SHOWERS 1
COURTESY DOCK W/BOAT RAMP 1
FISHING PIER 1
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 1
PLAYGROUND WITH PARKING #1 1
CAMPSITES 39
*ISLE BLUESTEM GROVE GROUP SHELTER 1
WOOD PIT RESTROOM 1
CAMPSITES 14
* AREAS WITHIN ISLE DUBOIS PARK
2 EXHIBIT E
JOHNSON BRANCH PARK ENTRANCE SIGN 1
PLAYGROUND 3
WATER SYSTEM 1
FOOT BRIDGE 2
LANDSCAPING
CAMP SITES 4
BEACH CHANGE HOUSE 1
CAMPER SERVICE BLDG 2
COMFORT STATION 1
GROUP SHELTER 3
WATERBORNE TOILET 2
WOOD TOILET 6
BOAT RAMP 1
DUMP STATION 1
PRIMITIVE SITES ACCESS TRAIL 1
HIKE/BIKE TRAIL 2 8 MILES
**DOGWOOD CANYON WOOD TOILET 5
CAMPSITES 53
** JUNIPER COVE PLAYGROUND 1
CAMPSITES 39
CAMPER SERVICE BUILDING 1
** WALNUT PLAYGROUND 1
CAMPSITES 65
CAMPER SERVICE BUILDING 1
FOOT BRIDGE 2
**OAK POINT PICNIC SITES 30
BOAT RAMP (4 LANE) 1
COURTESY DOCK 2
GROUP SHELTERS 2
WOOD TOILET !
FISH CLEANING STATION 1
BEACH CHANGE HOUSE W/SHOWERS 1
WATERBORNE TOILETS 2
PLAYGROUND 1
**RECREATION AREAS WITHIN JOHNSON BRANCH PARK
LAST ***********************************************************
3 EXHIBIT E
RAY ROBERTS LAKE
GREENBELT INVENTORY
Trail 50,621 LF $1,773,323 00
Roads and Parking $ 807,627 00
Canoe Launch 2 EA $ 48,50000
Pedestrian Bridge 3 EA $ 373,800 00
Water Borne Toilet EA $ 175,000 00
Samtary Waste Treatment System $ 250,000 00
Ext Electrical System $ 46,800 00
Solar S~ystem $ 41,617 00
Horse Tethering $ 1,500 00
Compostlng Toilet 2 EA $ 68,439 00
Waterline 2 V~ inch 768 LF $ 11,520 00
Waterline 1 inch 495 LF $ 6,930 00
Water Hydrants 2 EA $ 1,800 00
Culverts $ 85,000 00
Sidewalks 1,909 SY $ 51,543 00
Fence 560 LF $ 5,600 00
Gate I EA $ 1,500 00
Signs $ 11,958 00
Metal Beam Guard Fence 811 LF $ 12,976 00
Picnic Tables 19 EA $ 23,750 00
Plcmc Tables with Shelters 5 EA $ 22,500 00
Handicap Picnic Tables 5 EA $ 6,750 00
Grills 29 EA $ 7,975 00
Trash Dispensers 15 EA $ 4,500 00
Bike Racks 3 EA $ 3,000 00
Benches 3 EA $ 2,100 00
Canoe!l .auneh and Channel (455) $ 84,100 00
Landscaping and lrngatmn (428) $ 7,000 00
Equestrian Bridge and Trail $ 57,000 00
Chute at 428 $ 17,000 00
Equestrian Bridge Slope Paving $ 27,000 00
TOTAL $ 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 ~n Exhibit , together w~th all right, t~tle and
interest in and to the residential structures now s~tuate on the
land, to prevent use or development of the property that would
conflict with the preservation and maintenance of the property in
· ts scenic natural condition, and to provide for r~ghts, 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 ~n its present scenic, natural state Herbicides and
pesticides shall not be appl=ed to the agricultural fields ~n
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 st the time of th~s acquisition
3 No mineral development of any type shall be conducted
on the property
%. No recreational mechanized or recreational motorized
vehicles of any nature are allowed on the property
5 There shall be no dumping of so~l, trash, ashes,
garbage, waste or other unsightly or offensive material
6. There shall be no excavation, dredging or removal of
loam, gravel, so~l, rock, sand, or other material, nor any
building of roads or other change ~n the general topography of
the land, except for the maintenance of existing foot tra~ls,
fire lanes, farm roads or other accesses. There shall be no
water wells drilled on the property
EXHIBIT F
? 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 preventlon 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 r~ght 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 d~sturbed 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 w~th th~s
Conservation Easement
The Conservation Easement is acquired subject to existing
easements for public roads and highways, public utilitaes,
railroads and pipelines. The terms, conditions, restrictions,
and purposes of the Conservation Easement w~ll be a servitude
running in perpetuity with the land and shall be binding on
Grantor, his agents, personal representatives, he.rs and assigns
and al~ successors to him in interest and Grantor agrees that the
terms and conditions of the Conservation Easement will be
inserted by him ~n any subsequent deed or legal instrument by
which he divests himself of either the fee simple title to or his
possessory ~nterest in the property
ENVIRONMENTAL BASELINE SURVEY
1 General Operations Division responsibilities for comp,l,ng w,th CERCLA are set,stied by
compleflhg an Environmental Baseline Survey (EBS) (formerly the PAS/PEE) cons,sting of a
review of available records and ,ntervlews w~th persons or agencies who may have knowledge
of the pa~t history of the property in question to determine ~ 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', desc, nbe details on a separate page and attach to
thru EBS
a Records Review
Records Find,ng Agency Fmd,ng
Review No Yes Date Interv,ew No Yes Date
Master Plan IX] [ ] Aenal Photos IX] [ ]
OMP IX] [ ] ERGO Reports IX] [ ]
Permanent Files IX] [ ]
b On-s,te Review
Find,ng
No Yes NIA Provis;on
[ ] ~¢~ 1) Is there any evidence of past or present treatment, storage, spillage, or
d,sposst of hazardous substances ,n the action area?
NOTE. SEE ATTACHED PH 1, PRELIMINARY' ASSESSMENT SCREENING EXCERPT
[ ] [X] [ ] 2) Is there any lead-based pa,nt on any of the structures? (Vmually ,nspect
ex,sting bu~ld,ngs, ~f any, for lead based pe~nt (LBP) (usually, pa,nt walls
eadier than 1978 )) NOTE: SEE ATTACHED LBP INSPECTION REPORT
[X] [ ] 3) Is there any ewdence of polychlonnated blphenols (PCB)
contamination? (Visually ,nspect boundaries and ,ntenor of the land area
for presence of leak,ng electncal transformers, and other potentml sources
of (PCB=s))
IX] [ ] 4) Is there any asbestos-contaimng matenals ~n the area? (V~sually ,nspect
ex,sting bu,ldlngs, if any, for esbestos-conta,nmg matenals))
IX] [ ] 5) Are there UST=s on the property?
[X] [ ] 6) Are there above ground storage tanks on the property?
EXHIBIT G
2 Statement of Condition
[×] a According to the ~nformatlon above, no hazardous substances were ~denhfied as
released, stored, or d~sposed on the property m threshold quant~fies NOTE Household
dump with iow to moderate risk.
b The above mformat~on ~nd~cates hazardous substances were released, stored, or
dmposed of on the property ~n threshold quantities
[ ] 1) The s~te has been tested and no contaminants were found ~n detectable levels
The property ~s considered safe for the proposed use
[X ] 2) The rote has been tested and contaminants were found ~n detectable levels
Remedml action has been taken and the property ~s conmdered safe for the
proposed use NOTE Lead-based paint chips removed Remaining paint
encapsulated
[ ] 3) The site has been tested and contaminants were found ~n detectable levels
Remedial actions have not been taken Details and justification for outgrant~ng m the
current condition are attached
[ ] 4) The site has been tested and contaminants were found ~n detectable levels
Remedial actions have not been taken Therefore, Non-availablhty ~s
recommended
[ ] 5) The s~te has not been tested Therefore, Non-avallab~hty ~s recommended
Statements and/or Condit~ons b (2)
(Eithera b (1, 2 3 or4))
Signature '-~,~//.////~ Position Park Ran~er
(e g Park Ranger/Spec~attst/Manager arc )
========================== Reserved for Distr,ct Office ===- =- ====- ==
concur[~nonconcur [ ] Condition
(Statements and/or Condlflona)
Signature (~c~ ~/~' Position
(Natural Resource Manager)
2
EXHIBIT G
CEiWF-~:0-E (200-1a) 3 Hatch 1998
Drysdale/rg/3221/1649
ML~IOR~M~DUH FOR CESWF-PH, ATTN: CESWF-~.~I-C (T. VOGT)
SUBJECT: Lead-Based Paint Inspection for Old ~.M 428 Bridge
1. On 2 Hatch 1998, personnel fro~ CESWF conducted a lead-based paint (LBP)
survey Qf the Old F M. 428 bridge over the Elm Fork of the Trinity River.
Results~of the survey are shown in Table I (enclosed). The bridge was an old
{unknow~ age), steel, truss-style structure with three spans and dimensions of
approximately 250'x 20'. Various painted components of the bridge were
measured for lead concentratio~ 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 oo~dition. Beneath this coat was a yellowish green painted surface that
was also found to be in pOOr aondition. A sign on the southwestern side of
the bridge 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 deters/ned to be a 1.0 mg/c~,z , ~he Level at..whic~ ~ead is
considered to be a~ a concentration of approxlm&te£y 5,000 mg/Kg. Two
readings taken a~ the adjacent, and more recently constructed F.M. 426 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 ~nager for the Environmental Design Branch is Jim Drysdale. He
can be reached at telephone 8-3221, EXT 1649.
Encl MARK E. SIMMONS,
Chief, Environmental Design Branch
TABLE 1l - LEAD-BASE PAINT SURVEY
FM 428 BRIDGE OVER ELM FORK OF THE TRINITY RIVER
Reading No Location PaintColor Patnt Substrata (mglcm2)
Condition
1 Calli0ratlon Yellow N/A VVOC~ Block I 0
2 Calibration Yellow N/A Wood Block 1 0
3 Calibration Yellow N/A Wood Block 1 0
4 Calibration NIA N/A Wood Block 0 0
5 Calibration NIA NIA Wood Block -0 1
6 Calibration NIA NIA Wood Block 0 0
7 Bridge Truss Ught Green Poor Metal I 0
8 Bridge Truss Light Green Poor Metal 0 1
9 Bridge Truss Light Green Poor Metal 1 6
10 Bridge Truss Light Green Poor Metal I 0
11 Bridge Truss L~gi~t Green Poor Metal 2 1
12 Bridge Truss Light Green Poor Metal I 7
13 Expansion Joint Red Good Metal -0 2
14 Bridge Truss Light Green Poor Metal I 0
15 Bridge Truss Light Green Poor Metal 2 1
16 Road Yellow Poor Concrete 8 5
17 Bridge Truss Light Green Poor Metal I 0
18 Bridge Truss Ught Green Poor Metal 2 0
19 New Bridge Span White Good Concrete 0 3
20 Expansion Joint Not Painted Good Metal 0 0
21 Road N~ Painted N/A Concrete 0 1
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 0 3
25 Bridge Support Ught Green Fair Metal 0 0
26 Bridge Support Light Green Fair Metal 0 0
27 Bridge Support Light Green Fair Metal I 8
28 Bridge Support Light Green Fair Metal I 0
Excerpt from Phase I Prehmmary Assessment Screening
Dump sttes observed contain a variety of household and light Industrial wastes (See Figure 10 ) Most of
the items and types of items seen at dump s~tes are included ~n the following categories
k~tchen apphances, hot water heaters, plumbing fixtures, furniture and carpeting, rusted sheet metal,
paint cans, construction matermls, tires, vehicle fired containers (oil, ant~-freeze, fuel, lubricant, etc ),
and household trash (dominantly metal, plastic, and glass containers) Most of the items were ldentffied
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 ods, paints, and other potentially hazardous
materials were empty when deposited In one location just south of Tract #2516 at least slx empty 5-
gallon containers of strongly acidic industrial masonry cleaner, complete with material safety data sheets
(MSDS), had been d~scarded 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 addltlc~n 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 d~rectly from recreational vehicles and camping traders into the ditch on the west side of
Tract #2517 The t~res were subsequently removed by several large flatbed trucks, the drainage hoses
were dlstaantled shortly before the GMI site inspection