City of Dallas

DEPARTMENT OF THE ARMY

FORT WORTH DISTRICT, CORPS OF ENGINEERS
P. 0. BOX 17300
FORT WORTH, TEXAS 76102-0300

DEC 17 2015
Park Dept Plannmg & Des1gn
6FS

December 15, 2015

Regulatory Division

CERTIFIED MAIL- RETURN RECEIPT 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:
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-

We 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,

sdii!?s,~

Chief, Regulatory Division

DEPARTMENT OF THE ARMY

FORT WORTH DISTRICT, CORPS OF ENGINEERS
P. 0. BOX 17300
FORT WORTH, TEXAS 76102-0300

January 5, 2016
Regulatory Division

CERTIFIED MAIL- RETURN RECEIPT 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 noncompliance 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-

We 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 Lebsack at the address above or telephone (817) 886-1743.

Sincerely,

P--/,lvJJ4

.~'L.,..Brooks

Chief, Regulatory Division