HomeMy WebLinkAbout028485 RES - 02/16/2010RESOLUTION
DECLARING AND DEDICATING A 12.269 ACRE TRACT OF LAND (OUT
OF LOTS 14 AND 15, BLOCK 56, FLOUR BLUFF AND ENCINAL FARM
AND GARDEN TRACTS, NUECES COUNTY, TEXAS) AS A WETLAND
PRESERVE; AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE AND RECORD THE REQUIRED REAL
ESTATE INSTRUMENT (DEED RESTRICTION/CONSERVATION
EASEMENT) AND ANY OTHER NECESSARY DOCUMENTS; AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
TAKE ACTIONS NECESSARY TO MAINTAIN THE PROTECTED
PROPERTY AS A WETLAND PRESERVE SUBJECT TO AND IN
ACCORDANCE WITH THE SUCCESS CRITERIA IN THE MITIGATION
PLAN REVISED SEPTEMBER 2, 2009, DEPARTMENT OF THE ARMY
PERMIT NO. SWG-2006-01048 (FORMERLY #24279), FOR THE
LAGUNA SHORES ROAD, GRAHAM TO HUSTLIN HORNET, STREET
IMPROVEMENT PROJECT NO. 6278 (BOND 2004).
WHEREAS, one of the goals of the Clean Water Act is to prevent the
degradation of the Nation's waters, including the needless destruction of wetlands; and
WHEREAS, under Section 404 of the Clean Water Act (33 U.S.C. 1344), the
scope and location of certain activities, including placing dredged or fill material into "waters of
the United States, including wetlands," require a permit from the U.S. Army Corps of Engineers
before beginning any activity; and
WHEREAS, the scope and location of the Laguna Shores Road, Graham to Hustlin
Hornet, Street Improvement Project No. 6278 (Bond 2004) indicated a Section 404 Permit;
and
WHEREAS, the U.S. Army Corps of Engineers, Galveston District Office, issued
Department of the Army Permit No. SWG-2006-01048 (formerly #24279), which requires
that the City perform the authorized activity in accordance with the Permit's terms and special
conditions. The special conditions require authorized losses of wetlands and other waters be
offset by restored, enhanced, and created wetlands that replace those lost acres, functions and
values; and
WHEREAS, as mitigation for authorized losses of wetlands, the City has acquired
and desires to dedicate as a wetland preserve a 12.269 acre tract of land to act as a buffer
zone to ensure that there will be no encroachment of development on the preserve; and
WHEREAS, for unavoidable impacts to waters of the United States, this protected
land, which is located within the 100 -year Floodplain, will be monitored by the City and held in
perpetuity as a wetland preserve; and
WHEREAS, the purpose and intent of this Resolution is to assure that the subject
lands will always be retained and maintained forever predominantly in the vegetative and
hydrologic condition described in the success criteria of the Mitigation Plan for the Laguna
Shores Road, Graham to Hustlin Hornet, Street Improvement Project No. 6278 revised
September 2, 2009 under the City's Section 404 Permit No. SWG-2006-01048 (formerly
#24279),
028485
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Laguna Shores Rd v.5.doc
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That a 12.269 acre tract of land ("Wetland Preservation Site" or
"Protected Party"), real property owned by the City, more particularly described and shown
in the attached map and metes and bounds (Exhibit "A"), is land hereby declared and
dedicated as a Wetland Preserve, to be monitored by the City and held in perpetuity as a
wetland preserve.
SECTION 2. The City Manager or his designee is authorized to sign and record all
necessary documents and real estate instruments to that effect, including but not limited
to the required deed restriction/conservation easement.
SECTION 3. The City and his designee are authorized to take other actions that
are, in their judgment, necessary to maintain and preserve the Protected Property as a wetland
preserve subject to and in accordance with the success criteria in the Mitigation Plan for Laguna
Shores Road, Graham to Hustlin Hornet, Street Improvement Project No. 6278, revised
September 2, 2009, Department of the Army Permit No. SWG-2006-01048 (formerly
#24279).
SECTION 4. This Resolution takes effect immediately from and after its
passage.
ATTEST:
Arm h
Arman o C apa 461 --
City Secretary
APPROVE D1AST FORM: -Jan-10
ut,
Veronica Ocanas
Assistant City Attorney
for City Attorney
THE CITY OF CORPUS CHRISTI
Joe Ad e
Mayor
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Laguna Shores Rd v.5.doc
fie 7 dayo
, 2010.
The above resolution was passed by the following vote:
Joe Adame
0
Chris N. Adler
Brent Chesney /--
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
028485
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Laguna Shores Rd v.5.doc
File :\Mproject\councilexhibits\exh6278f.dwg
LAGUNA SHORES - GRAHAM RD. TO
HUSTLIN HORNET
WETLAND PRESERVE DEDICATION SITE
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
UMW NM
IMP am
f tVE, if Inc_
engineering..diving.surveying
EXHIBIT "A"
January 22, 2010
7-05023
PROPERTY DEKRIPTION
STATE OF TEXAS
COUNTY OF NUECES •
Field notes of a 12.269 aere tract out of Lots 14 and 15, Block 56, Flour Bluff and
Encino! Farm and Garden Tracts, a map which is recorded in Volume A, Pages 41-43,
Map Records of Nueces County, Texas.
Said 12.269 acre tract of land is situated in Nueces County, Texas approximately 10
miles southeast of City Hall in Corpus Christi, Texas and is described by metes and
bounds as follows:
BEGINNING at a 5/8" iron rod found at the east corner of Lot 26, 13lock L, Flour Bluff
Estates, a map recorded in Volume 8, Page 1-2, Map Records ol'Nueces County, Texas
for the POINT OF BEGINNING of said 12.26e) acre; tract;
THENCE N 60°58'00" W along the north line of said Flour Bluff Estates, and southwest
line of said Lot 14, a distance of 56.53 feet to the west corner of this 12.269 acre tract;
(1,1)
THENCE N 14°59'52" E, a distance of 177.54 feet to an angle corner of this 12.269 acre
tract; (L2)
THENCE N 00°52'54" E, a distance of 68.65 feet to an angle comer (Willis 12.269 acre
tract; (L3)
THENCE N 06°57'39" W, a distance of 242.00 feet to an angle comer of this 12.269 acre
tract; (L4)
EXHIBIT A
Pagel of 4
820 Buffalo St, Corpus Christi, Texan 78401-2216 P.O. Box 2927, Corpus Christi, Texas 78403-2927
phone: 361.867.8851 tax: 361.887.8855 e-mail: rve@rve-ino.corn website: www.rve-inc.com
12.269 Acre Property Description
January 22. 2010
Exhibit "A" Page 2
THENCE S 89°2T20" L, a distance of 130.77 feet to an angle corner of this 12.269 acre
tract; (L5)
THENC'1: N 56°37'53" 1:s a distance of 181.68 feet to an angle corner of this 12.269 acre
tract; (L6)
THENCE N 29°34'44" E, a distance of 196.33 feet to a point along the fence of a water
treatment facility i r an angle corner of this 12.269 acre tract; (L7)
THENCE.; S 60°58'51" E along saki fence, a distance of' 120.16 feet to a fence corner post
for an inside corner of this 12.269 acre tract; (L8)
TIIENCE N 30°09'29" E along said fence, a distance of 85.39 feet to the north corner of
this [2269 acre tract; (L9)
THENCE S 61°52'36" E, a distance of 338.37 feet to point along the shoreline of Laguna
Madre and east corner of this 12.269 acre tract; (L10) .
THENCE S 25°07'04" W, a distance of 81.38 feet to a meander point along the shoreline
of Laguna Madre 11)r this 12.269 acre tract; (L11)
THENCE S 22°07'42" R, a distance of 30.14 feet to a meander point along the shoreline
o['Laguna Madre for this 12.269 acre tract; (L12)
THENCE S 09°00'30" W, a distance of 49.22 feet. to a meander point along the shoreline
of Laguna Madre for this 12.269 here tract; (L13)
't'1'IENCE S 16M9'32" E, a distance of 135.67 feet to meander point along the shoreline
of Laguna Madre for this 12.269 acre tract; (L14)
THENCE S 51°12'53" W, a distance of 219.38 feet to a meander point along the
shoreline of Laguna Madre for this 12.269 acre tract; (L15)
THENCE S 31°03'55" W, a distance o1' 192.80 feet to a meander point along the
shoreline of Laguna Madre i'or this 12.269 acre tract; (L16)
THENCE S 10°27'05" W, a distance of 69.15 feet to a meander point along the shoreline
of Laguna Madre ibr this 12.269 acre tract; (LI 7)
THENCE S 31'46'12" E, a distance o1' 70.87 feet to t] meander point along the shoreline
or Laguna Madre for this 12.269 acre tract; (L18)
EXHIBIT A
Page 2of4
12.269 Acre Property Description
January 22. 20 10
Exhibit "A" Page 3
THENCE S 51°49'581} W, a distance of 219.44 beet to a point along the shoreline of
Laguna Madre and point along the southwest line of said Lot 15 for this 12.269 acre
tract: (1.19)
THENCE N 6O°58'00" W along the northeast line of Lot 16 oi' said Flour Bluff and
Encinal Farm and Garden Tracts and southwest line of said Lot 14, a distance of 438.24
feet to the POINT OF BEGINNING of this tract, containing 12.269 acres. (L20)
This field notes description is accompanied by a survey drawing narked Exhibit 3 of a
12269 acre tract, dated January 22, 2010.
1, Dale A. Wunderlich., Registered Professional Land Surveyor of Texas, do hereby
certify that this description is based on an actual survey made on the ground, under my
supervision, this the 22nd day of January, 2010.
c
Registered Professional Land Surveyor
Texas Registration No. 6 181
EXHIBIT A
Page 3 of 4
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LINE DATA
REARING
LENGTH
L1
1.2
loo•B8'QQ'W
L3
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L4
56.53'
177.54'
N00'52'547F,
68.65'
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24.7,90'
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L6
1_7
089'27'20T
130,77'
ty66'37'631
N29'14'441
196.33'
1.0
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120.16'
L9
L10
L11
1_12
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s25'o7'Qg"yW
522'07'42"E
L14
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1,18
117
809'06'46'V
516'49'32"E
S5112'53'
aa3rP3186"W
s10'27'orw
45..31!
338.37'
81.36'
,,0.14,
49,22'
136.67'
219,38'
192.60'
69,10
118
$31.46'12"E
70.87'
119
$91'411'98"W
219.44'
1.20
N8756'00"W
12.269 ACRES
IRON ROD FOUND
POINT F
BEGINNING
138.24'
t0
..J
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FOUND ALONG THE NORTHEAST
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NOTES;
1, BEARINGS BASED ON SOUTHEAST LINE OF
FLOUR BLUFF ESTATES RECORDED IN VOLUME
8, PAGE 1 -2 M.R.N,C.T.
2. THIS DRAWING IS ACCOMPANIED BY fIELONOTES
OF A 12.269 ACRE TRACT DATED 1-22-2010.
1-Z2'in
EXHIBIT A
Page 4 of 4
DEDICATION AS A WETLAND PRESERVE &
DEED RESTRICTION
The CITY OF CORPUS CHRISTI is the owner of that certain 12.269 acre tract of
land ("Wetland Preservation Site" or "Protected Property"), real property more
particularly described and shown in the attached map and metes and bounds
description (Exhibit "A").
The City hereby dedicates the Protected Property for a wetland preserve, a
special condition of the Department of the Army Permit No. SWG-2006-01048
(formerly #24279) and the Mitigation Plan for the Laguna Shores Road,
Graham to Hustlin Hornet, Street Improvement Project No. 6278, revised
September 2, 2009 (Mitigation Plan).
One of the conditions of DA Permit No. SWG-2006-01048 (formerly #24279)
requires the City, as Owner, to place restrictions on the deed for the Protected
Property for the purpose of providing compensation for adverse impacts to waters
of the United States.
This dedication and instrument is to assure that the Protected Property will be
retained and maintained forever predominantly in the natural vegetative and
hydrologic condition described in success criteria of said Mitigation Plan.
Activities which may, in the future, be conducted within the Protected Property,
that will affect the vegetative and or the hydrologic conditions outlined in the
success criteria of the Mitigation Plan, must be coordinated with and approved
by the United States Army Corps of Engineers (USACE), Galveston District,
Regulatory Branch, prior to beginning the activity.
The Protected Property is subject to the following conditions:
Property Description: Attachment A-1:
a. Exhibit "A" -- Map and Accompanying two Metes & Bounds of Tract
b. Exhibit "B" from the Department of the Army Permit No. SWG-2006-
01048 (formerly #24279) and Mitigation Plan for the Laguna Shores
Road, Graham to Hustlin Hornet, Street Improvement Project No. 6278,
revised September 2, 2009;
c. On-site photographs taken at appropriate locations on the Protected
Property including all major natural features;
d. A copy of the deed to the Protected Property, with an accurate legal
description or a current survey certified by a Texas Registered Professional
Land Surveyor (RPLS) of the Protected Property;
e. A copy of a verified wetland survey map, which delineates all waters of the
United States, including wetlands within the Protected Property.
1) Term
These restrictions shall run with the land in perpetuity and be
binding on all future owners, heirs, successors,
administrators, assigns, lessees, or other occupiers and
users. The owner must file this Deed Restriction of record
with the County Clerk of Nueces County, Texas within 10
days of the date this document is signed and provide a copy
of the recorded Deed Restriction to the USACE, Galveston
District within 30 days of filing.
2) General
Except for such specific activities as authorized pursuant to
DA Permit No. SWG-2006-01048 (formerly #24279), the
following activities are prohibited on the Property subject to
this Deed Restriction:
(a) There shall be no filling, excavation, mining or
alteration of the Property that will affect the success
criteria outlined in the Mitigation Plan unless approved in
writing in advance by the USACE, Galveston District.
3) Rights of Access and Entry
The USACE shall have the right to enter and go upon the
Property for purposes of inspection, and to take actions
including but not limited to scientific or educational
observations and studies, and collection of samples.
4) Enforcement
In the event of a breach of the restrictions by the Owner, or a
third party working with the permission of or under the
direction of the Owner, the USAGE must be notified
immediately. If the USACE becomes aware of a breach of
this Agreement, the USACE will notify the Owner of the
breach. The Owner shall have thirty (30) days after receipt of
such notice to undertake actions that are reasonably
calculated to swiftly correct the conditions constituting the
breach. If the Owner corrects the conditions constituting the
breach in a timely and reasonable manner, no further action is
warranted or authorized. If the Owner fails to initiate such
corrective action within thirty (30) days or fails to complete the
necessary corrective action, the USACE may undertake such
actions, including legal proceedings, as are necessary to
effect such corrective action. Any forbearance on the part of
the USACE to exercise its rights in the event of a breach of
the restrictions shall not be deemed or construed to be a
waiver of their rights hereunder in the event of any
subsequent failure of the Property owner to comply.
APPROVED BY PROPERTY OWNER
THE CITY OF CORPUS CHRISTI
`Angel R. Escobar Date
City Manager
APPROVED AS TO LEGAI FORM: 26 -Jan -10
e
Veronica Ocanas
Assistant City Attorney
for City Attorney
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on
by `Angel R. Escobar as City Manager of the City of Corpus Christi, a Texas municipal
corporation, on behalf of said corporation.
Notary Public, State of Texas
, 2010,
File :\Mproject\councilexhibits\exh6278f.dwg
PROJECT NO. 6278
VICINITY MAP
NOT TO SCALE
LAGUNA SHORES - GRAHAM RD. TO
HUSTLIN HORNET
WETLAND PRESERVE DEDICATION SITE
"CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
11~ UM
NW OM IMO
We
RIVE, p xac_
engineering -diving -surveying
EXHIBIT "A"
January 22, 2010
7-05023
PROPERTY RESCRIPTION
STATE OF TEXAS
COUNTY OF NUECES •
Field notes of a 12.269 acre tract out of Lots 14 and 15, Block 56, Flour Bluff and
Encinal Farm and Garden 'Tracts, a map which is recorded in Volume A, Pages 41-43,
Map Records of Nueces C`ounty,Texas.
Saki 12.269 acre tract of land is situated in Nueces County, Texas approximately 10
miles southeast of City Hall in Corpus Christi, Texas and is described by metes and
bounds as follows:
BEGINNING at a 5/8" iron rod found at the east corner of Lot 26, Block L, Flour Bluff
Estates, a map recorded in Volume 8, Page 1-2, Map Records or Nueces County, Texas
for the POINT OF BEGINNING ol'said 12.269 acre tract;
T1-IENCI; N 60°58'00" W along the north line of said Flour Bluff Estates, and southwest
line of said Lot 14, a distance of 56.53 feet to the west corner of this 12.269 acre tract;
(LI)
THENCE N 14°59'52" E, a distance of 177.54 feet to an angle corner of this 12.269 acre
tract; (L2)
THENCE N 00°52'54" E, a distance of 68.65 feet to an angle corner of this 12.269 acre
tract; (L3)
THENCE N 06°57'39" W, a distance of 242.00 feet to an angle corner of this 12.269 aere
tract; (L4)
EXHIBIT A
Page 1 of 4
820 Buffalo St., Corpus Christi, Texas 78401-2216 P.O. Box 2927, Corpus Christi, Texas 78403.2927
phone: 361.887.8851 fax: 361.887.8855 e-mail: rve@rve-inc.com website: www.rve-inc.com
12.269 Acre Property Description
January 22, 2010
• Exhibit "A" Page 2
THENCE S 89°2T20" E, a distance of 130.77 feet to an angle corner oI'this 12.269 acre
tract; (LS)
TI-HENCi N 56°37'53" E, a distance of 181.68 feet to an angle corner of this 12.269 acre
tract; (1.6)
THENCE N 29'14'44" E, a distance of 196.33 feet to a point along the fence of a water
treatment facility I'm an angle comer of this 12.269 acre tract; (L7)
THENCE S 60°58'51" E along said fence, a distance of 120.16 feet to a fence corner post
for an inside corner of this 12.269 acre tract; (1.8)
THENCE N 30°09'29" E along said fence, a distance of 85.39 feet to the north corner of
this 12.269 acre tract; (1,9)
THENCE"' S 61°52'36" E, a distance of 338.37 feet to point along the shoreline of Laguna
Madre and east corner of this 12.269 acre tract; (L10)
THENCE S 25°07'04" W, a distance of 81.38 feet to a meander point along the shoreline
of Laguna Madre lbr this 12.269 acre tract; (1.11)
THENCE S 22°07'42" I::, a distance of 30.14 feet to a meander point along the shoreline
of Laguna Madre for this 12.269 acre trace; (L12)
THENCE S 09°00'30" W, a distance of 49.22 feet. to a meander point along the shoreline
of Laguna Madre for this 12.269 acre tract; (1,13)
'1'IThNCE S 16°49'32" E, a distance of 135.67 feet to a'tneander point along the shoreline
of Laguna Madre for this 12.269 acre tract; (1,14)
THENCE S 51°I2'53" W, a distance of 219.38 meet to a meander point along the
shoreline of Laguna Madre for this 12.269 acre tract; (L15)
THENCE S 31°03'55" W, a distance of 192.80 feet to a meander point along the
shoreline of Laguna Madre for this 12.269 acre tract; (1.16)
THENCE S 10°27'05" W, a distance of 69.15 feet to a meander point along the shoreline
of Laguna Madre for this 12.269 acre trait; (1,17)
'1'1 -HENCE S 31'46'12" R, a distance of 70.87 feet to a meander point along the shoreline
of Laguna Madre for this 12.269 acre tract; (LI8)
EXHIBIT A
Page 2of4
12.269 Acre Property t)eseription
January 22, 2010
Exhibit "A" Page 3
THENCE S 51°49'58" W, a distance of 219,44 feet to a point along the shoreline of
Laguna Madre and point along the southwest line of said Lot 15 for this 12.269 acre
tract; (1..19)
THENCE N 60°58'00" W along the northeast line of Lot 16 oi' said Flour Bluff and
Encinal Farm and Garden Tracts and southwest line of said Lot 14, a distance of 438.24
feet to the POINT OF BEGINNING of this tract, containing 12.269 acres. (L20)
This field notes description is accompanied by a survey drawing marked Fixhibit 13 of a
12269 acre tract, dated January 22, 2010.
I, Dale A. Wunderlich., Registered Professional Land Surveyor of Texas, do hereby
certify that this description is based on an actual survey made on the ground, under my
supervision, this the 22nd day ofJanuary, 2010.
Registered Professional Land Surveyor
Texas Registration No. 6181
EXHIBIT A
Page 3 of 4
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UNE'
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BEARING
LENGTH
1.1
L2
.N60'58'0Q'W
NI 4'59'521
86.53'
1771,4'
1.3
NO0'52`841
66.65'
L4
1.5
L6
17
L8
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S89'27'2Q"E
242.05'
130.77'
N5¢'37'53 E
N2W 1.4'{4" E
S6068'61.E
01.4@
I9N33'
120.1Q
L9
L10
N3019'29"E
65.AS'
338.37'
Lit
1.12
S26'07'04V
522'07'421
81.36
113
114
599.6Q'3D"W
S16'49'321
39,14'
49.22'
1:}4.67'
116
1.18
117
118
S5r12'53''W
19.38'
641'93'50N
v4'2,7'D5"W
119
$31'4,6'121
192.00'
Q9.15,`
70.87.'
S51.49'56_'W
299.44'
L20
NEKIV SID"1W
438.24'
12.269 ACRES
IRON ROD FOUND
POINT QF
BEGINNING
1,32 .05' TO A 314" PIPE
FOUND ALONG T11 NORTHEAST
OF FLOUR BLUFF ESTATES
s5
NE
L20 �1.c e4
W
MEANDER OF
✓� SHORELINE
w
IY
0
J
1. BEARINGS 345E0 ON SOUTHEAST LINE OF
FLOUR BLUFF ESTATES RECORDED IN VOLUME
6, PAOQ 1 -2 M.R.N.C.T.
2. THIS DRAWING IS ACCOMPANIED BY 1 -EMOTES
OF A 12.269 ACRE TRACT DATED 1-22-2010.
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EXHIBIT A
Page 4 of 4
MITIGATION PLAN
Revised 09-02-09
.2 q a-7 q 04)6- 206- 0/0 w8')
COE Permit Application No. 24279
Laguna Shores Road — Graham to Hustlin' Hornet
City of Corpus Christi
The proposed project site is a 60' wide by 5,400'± long City of Corpus Christi road right-of-way
encompassing approximately 7.4 acres of land adjacent to the Laguna Madre as shown on Figure MP1.
LOCATION MAP. Also shown on the Location Map. approximately 0.7 miles north of the proposed
project site, is the proposed Off-site Mitigation Area. The proposed land uses for the project site are
shown on Figure MP2, PROPOSED LAND USE, and Figure MP3. SITE PLAN. See Figures MP5
and MP6. SECTIONS. for vertical alignment of the proposed road improvements.
In May 2006, RVE, Inc. prepared and submitted to the COE an Alternatives Analysis for the project
site. Six (6) alternatives were considered. Alternative #4 was selected, because it best met the design
criteria and project objectives. Alternative #4 requires the utilization of the entire 60' right-of-way of
Laguna Shores Road which unavoidably impacts 2.39 acres of wetlands. The impacted wetland areas
are described and quantified in Figure MP7, ON-SITE WETLANDS UTILIZATION. The
unavoidable impacts to existing wetlands shall be mitigated at the Off-site Mitigation Area. See Figure
MP8. OFF-SITE MITIGATION AREA — EXISTING LAND USE and Figure MP9. OFF-SITE
WETLANDS UTILIZATION.
Wetlands Enhancement and Creation Plan:
On the south side of the Off-site Mitigation Area. a 60 -inch RCP storm pipe extends into the seagrass
zone of the waters of the Laguna Madre and discharges storm water conveyed from properties to the
west. Over the years since this pipe was installed. a sediment plume has developed in the waters of the
Laguna Madre at the discharge point which has prevented the growth of seagrass. As part of this
mitigation plan, approximately 550 linear feet of the 60 -inch RCP storm pipe shall be removed. The
area of the sediment plume. encompassing approximately 0.55 acres, - which is considered non -
wetlands in its current "disturbed" state - shall be dredged and the sediment removed such that the final
elevation of the sea floor shall match that of the adjacent areas containing seagrass. The adjacent
seagrass shall be allowed to propagate naturally into this 0.55 -acre area and provide a 2:1 in-kind
habitat replacement ratio for the unavoidable impacts to 0.27 acres of shallow waters seagrass
(Shoalgrass) at the project site. See Figure MP10, OFF-SITE MITIGATION AREA — PROPOSED
LAND USE.
After removal of the 550 linear feet of the 60 -inch RCP storm pipe. a new headwall and discharge
structure shall be created that redirects the stormwater discharge 45 -degrees to the north and into the
existing wetlands. A tidal channel shall be constructed from this new stormwater discharge point
through the existing low marsh and sand flat wetlands to an isolated body of unvegetated shallow
waters located on the north side of the Off-site Mitigation Area. The isolated area of shallow waters is
currently land -locked and does not connect to the Laguna Madre. As part of this mitigation plan, the
newly -constructed tidal channel shall envelope the land -locked shallow waters and then excavation
shall continue to the east to connect to the waters of the Laguna Madre. In addition to the new tidal
channel. a tidal pool shall be constructed on the west side of the tidal channel approximately 200 feet
north of the new stormwater discharge point. In total, the new tidal channel and tidal pool shall create
1.12 acres of unvegetated shallow waters at the Off-site Mitigation Area through conversion of
Dedication as a Wetland Preserve and Deed Restriction
EXHitsl I b— MITIGATION PLAN (1-7 pgs) & related documents
Page 1 of 17
a'i.279 (sw%- 2004, _v/oyg) I,y,cd„„e,oe a/t 'r
Mitigation Plan
COE Permit Application No. 24279
Page 2 of 7
existing low marsh and sand flat wetlands and enhancement of the existing land -locked shallow
waters. Said 1.12 acres of unvegetated shallow waters shall provide a 1.7:1 in-kind habitat
replacement ratio for the unavoidable impacts to 0.65 acres of shallow waters at the project site. See
Figure MP10, OFF-SITE MITIGATION AREA — PROPOSED LAND USE.
During a site visit with a representative of the COE, areas of the existing sand flats and low marsh
wetlands at the Off-site Mitigation Area were identified as being disturbed by previous man-made
activities. It was determined during the site visit that these areas could be converted and enhanced to
create 0.52 acres of new low marsh wetlands. In addition, 1.04 acres of uplands located on the south
side of the Off-site Mitigation Area shall be converted to low marsh wetlands. In total, 1.56 acres of
new low marsh wetlands shall be created at the Off-site Mitigation Area to provide a 1.7:1 in-kind
habitat replacement ratio for the unavoidable impacts to 0.91 acres of low marsh at the project site.
See Figure MP10.OFF-SITE MITIGATION AREA — PROPOSED LAND USE.
For the unavoidable impacts to 0.25 acres of sand/mud flats at the project site, 0.29 acres of uplands at
the Off-site Mitigation Area located along the path of the removed 60 -inch RCP storm pipe shall be
converted into sand/mud flats to provide a 1.2:1 in-kind habitat replacement ratio. For the unavoidable
impacts to 0.31 acres of high marsh at the project site, 0.35 acres of uplands at the Off-site Mitigation
Area located north of the removed 60 -inch RCP storm pipe shall be converted into high marsh to
provide a 1.1:1 in-kind habitat replacement ratio. See Figure MP 10, OFF-SITE MITIGATION
AREA — PROPOSED LAND USE.
In summary, 1.62 acres of existing wetlands were converted, or enhanced, and 2.25 acres of non -
wetlands were converted to create a total of 3.87 acres of new wetlands at the Off-site Mitigation Area
to mitigate for the 2.39 acres of wetlands disturbed at the project site. See Figure MP11,
WETLANDS MITIGATION SUMMARY TABLE. The conversions and enhancements to existing
wetlands at the Off-site Mitigation Area mentioned above are viewed to improve the overall conditions
of the existing habitat; therefore. additional mitigation for these disturbances is deemed unnecessary.
The limits of the proposed wetland creations and enhancements are shown on Figure MP12, OFF-
SITE MITIGATION MAP. The limits of disturbance — work corridors — necessary to implement the
proposed mitigation plan are shown on Figure MP13, LIMITS OF DISTURBANCE (Work
Corridors). All construction activity at the Laguna Shores Road project site shall be contained within
the right-of-way of the street and has been noted as such on the construction plans. All wetland areas
within said right-of-way at the project site will be disturbed and mitigated for through the
implementation of this plan. See Figure MP7, ON-SITE WETLANDS UTILIZATION.
A detailed topographic survey was conducted at the Off-site Mitigation Area, and existing contours are
shown on Figure MP8, OFF-SITE MITIGATION AREA — EXISTING LAND USE. The
topographic survey and all proposed excavation elevations are based on the NGVD 29 datum.
Construction and Implementation Measures:
The 0.55 -acre sediment plume proposed for seagrass mitigation above shall be excavated using
mechanical scrapers to an elevation of approximately -0.32, which is the seafloor elevation of the
surrounding seagrass, around the perimeter down to approximately -2.0 in the middle. The current
Dedication as a Wetland Preserve and Deed Restriction
EXHIBIT B— MITIGATION PLAN (1-7 pgs) & related documents
Page 2 of 17
a q 2 `1 `j C J4 6- 2eo 6 - o /e r� c��,vK{ (f4
Mitigation Plan
COE Permit Application No. 24279
Page 3 of 7
surface elevation of the sediment plume ranges from -0.32 on the edges to approximately 0 in the
middle. The existing seagrass will then be allowed to naturally propagate into the region. The
propagation of the seagrass will be monitored per the Monitoring Plan and Success Criteria described
below.
Construction of the tidal channel and pool shall be accomplished using a backhoe and dump truck.
which shall be routed to -and -from the excavation areas to avoid existing wetlands as much as possible.
The floor elevation of the tidal channel shall maintain a constant elevation of -0.32 from its point of
connection in the Laguna Madre at the edge of the existing seagrass to the new discharge point of the
60 -inch RCP storm pipe. The tidal channel shall be constructed with 3:1 side slopes and an average
top width of 30 feet. A concrete structure shall be constructed between the 60 -inch RCP discharge
point and the upstream end of the tidal channel, which shall accomplish three (3) tasks: 1) trap
sediment before it enters the tidal channel, 2) catch and contain floatable debris before it enters the
wetlands. and 3) act as an energy dissipater and level spreading device to deter erosive actions caused
by the stormwater discharge from the 60 -inch RCP. The concrete structure shall be designed to
facilitate routine maintenance by a bobcat in order to remove collected sediment and trash. The tidal
pool proposed on the west side of the tidal channel approximately 200 feet north of the discharge point
of the 60 -inch RCP storm pipe shall also be constructed with 3:1 side slopes. The bottom elevation
shall be established at approximately -1.32 in order to encourage the possible growth of new seagrass.
For purposes of this mitigation plan, however, the tidal pool is being considered as mitigation for
shallow waters only.
The existing sand flats and low marsh areas at the Off-site Mitigation Area identified as being
previously disturbed by man-made activities shall be manipulated via mechanical scrapers and
backhoes, as necessary, to establish a surface elevation equal to that of the surrounding low marshes in
good condition (approximately 1.5 to 3.0). Any fill material required to create this surface elevation
shall be obtained from the excavated material generated in the creation of the tidal channel and tidal
pool mentioned above, or from other ground manipulations at the mitigation site. The conversion of
these areas into new low marsh regions shall be accomplished via natural propagation of the
surrounding low marsh vegetation into these areas. The propagation of the low marsh will be
monitored per the Monitoring Plan and Success Criteria described below.
In similar fashion, the proposed sand flats, low marsh and high marsh areas to be created via
conversion of existing uplands located on the south side of the Off-site Mitigation Area shall be
accomplished using mechanical scrapers and backhoes, as necessary, to establish ground surface
elevations matching that of similar wetland types at the mitigation site. Any fill material required to
create the appropriate surface elevation for sand flats (approximately 1.25 to 2.0), low marsh
(approximately 1.5) and high marsh (approximately 2.5 to 5.0) shall be obtained from the excavated
material generated in the creation of the tidal channel and tidal pool mentioned above, or from other
ground manipulations at the mitigation site. Conversion of these areas into new wetlands shall be
accomplished via natural propagation of existing wetlands vegetation into these areas. The
propagation of the sand flats, low marsh and high marsh wetlands will be monitored per the
Monitoring Plan and Success Criteria described below.
All excavated materials generated during the construction of this mitigation plan and not utilized in
other areas will be stored temporarily at the mitigation site at the location shown on ,Figure MPIO.
Dedication as a Wetland Preserve and Deed Restriction
EXHIBIT B— MITIGATION PLAN (1-7 pgs) & related documents
Page 3 of 17
2 f27a( (S — 2WG—j, g)-J.##cIA-01 r'A
Mitigation Plan
COE Permit Application No. 24279
Page 4 of 7
OFF-SITE MITIGATION AREA — PROPOSED LAND USE, and ultimately disposed of off-site.
Runoff from the temporary spoils storage site will be filtered by best management practices (silt fence,
hay bales, etc.). which will remain in place until natural vegetation has been established.
Protection Plan:
The exiting wetlands, the proposed wetland creation areas, and approximately 2.3 acres of Coastal
Prairie Uplands are contained within an area of approximately 12 acres at the Off-site Mitigation Area.
Said approximate 12 acres of land shall be protected from vehicular traffic by the installation of a
bollard -and -cable fence around the perimeter of the area as shown on Figure MPIO. OFF-SITE
MITIGATION AREA — PROPOSED LAND USE. As an additional wetlands enhancement
measure to be considered as part of this mitigation plan, a program shall be established to eradicate the
Brazilian Pepper trees within the area encompassed by the bollard -and -cable fence. The eradication
program shall become a part of and included in the Conservation Easement mentioned below in Item 6
under Monitoring Plan and Success Criteria. A publication by the University of Florida and
recommended by the Nueces County Extension Agent's office entitled "Brazilian Pepper -tree Control"
is attached as Exhibit `A'. This publication contains recommendations for control of Brazilian Pepper
trees using a combination of mechanical and chemical methods and shall be used for guidance in
establishing the eradication program. Implementation of the eradication efforts will commence
coincidentally with the construction activities at the mitigation site.
During construction of mitigation plan, care should be taken by the Contractor to avoid damage to
the existing wetland areas surrounding the construction activities. All traffic through the mitigation
site shall be confined to the work corridors shown on Figure MP13, LIMITS OF DISTURBANCE
(Work Corridors). Care should be taken by the Contractor to prevent sediment created by the
construction activities from entering the Laguna Madre. After observing in the field the site drainage
patterns, the Contractor shall use silt fences strategically installed adjacent to construction areas to
contain any sediment runoff. As the installation and removal of silt fence can cause damage to the
existing wetlands, the silt fences shall be placed with thought and minimized to only necessary areas.
All construction spoils shall be immediately removed from the excavation site and transported to the
on-site temporary spoils storage location. Silt fence shall be installed and maintained at all times along
the downstream sides of the temporary spoils storage site to capture any sediment runoff. In order to
prevent excessive amounts of sediment from entering the Laguna Madre through the newly constructed
tidal channel. the segment connecting the tidal channel to the Laguna Madre shall be the last item
constructed. The tidal channel upstream of this last segment shall be clean and void of excess
construction spoils prior to connection to the Laguna Madre. During scraping activities in the Laguna
Madre, the Contractor shall avoid disturbing the established seagrass by installing turbidity curtains. or
similar protective devices, around the perimeter of the sediment plume. The protective devices shall
remain in place until scraping activities are complete and all sediment has settled out of the water.
During construction of improvements to Laguna Shores Road, continuous silt fence shall be
installed along the east side of Laguna Shores Road from Graham Road to Lola Johnson to prevent
sediment from entering the Laguna Madre. In addition. silt fence shall be installed at intervals across
the reconstructed roadside ditches perpendicular to the flow of runoff on the east side of Laguna
Shores Road from Lola Johnson Road to Hustlin' Hornet Road and on the west side of Laguna Shores
Road along the full length of the project. Orange plastic construction work zone fencing shall be
Dedication as a Wetland Preserve and Deed Restriction
EXHIBIT B— MITIGATION PLAN (1-7 pgs) & related documents
Page 4 of 17
I2 79 (Sco 6 -2co6-0i0-5(4if%ch►.e..'f IX
Mitigation Plan
COE Permit Application No. 24279
Page 5 of 7
installed along the east and west right-of-way lines of Laguna Shores Road for the full length of the
project to prevent encroachment of construction activities on wetland areas outside of the Laguna
Shores Road right-of-way.
Completion Plan:
All mitigation will be completed within 12 months of initiating work in jurisdictional area. No nesting
birds were observed at the mitigation site during the Threatened and Endangered Species Survey of the
property conducted on September 17. 2008 by Steiner C. Kierce. The T&E Survey report is attached
for reference. The schedule may be adjusted if nesting birds are encountered.
Monitoring Plan and Success Criteria:
1. A re -vegetation survey of the mitigation areas will be performed 6 months after completion of
mitigation site. At the same time as the re -vegetation survey, a survey of the success of the
eradication of Brazilian Pepper trees will be conducted.
2. Written reports that contain percentage of plant species coverage. dominant plant species
present. and photo -documentation detailing re -vegetation of the mitigation site must be
submitted to the COE/Corpus Christi Field Office within 30 calendar days of completing the re -
vegetation survey. The status of the eradication of Brazilian Pepper trees will also be included
in the reports to the COE.
3. If after one year the site does not have at least 35% aerial coverage. those areas that are not
vegetated will be reconditioned with hay mulch.
4. If after three years the site does not have at least 70% aerial coverage. provisions will be
undertaken to determine cause, the necessary corrections made, and/or additional
mulching/seeding/planting will be made to attain the specified aerial coverage.
5. Additional re -vegetation and Brazilian Pepper tree eradication survey reports will be submitted
to the COE / Corpus Christi Field Office at 2 year, and 3 -year intervals. The re -vegetation
survey reports will include species. coverage, and photos. The success criteria for the reports
will be based on the existing types of species identified in the area by the accompanying
Wetlands Delineation Survey by Jim E. Warren dated October, 2008 and as classified below.
The success criteria for the eradication of the Brazilian Pepper trees will be 100 percent
extermination of the trees within the property encompassed by the bollard -and -cable fence
mentioned above under Protection Plan.
• Seagrass - These are waters of the Laguna Madre which are deeper, not as much
affected by wave action and tidal fluctuations. and support a stand of sea grasses such
as Shoalgrass (Halodule beaudettei).
Dedication as a Wetland Preserve and Deed Restriction
EXHIBIT B— MITIGATION PLAN (1-7 pgs) & related documents
Page 5 of 17
2y2-11 (Ste)<7-2uat—O))44e%mpa./ 41 �r
Mitigation Plan
COE Permit Application No. 24279
Page 6 of 7
• Sand Flats — These wetlands are inundated by normal high tides. They are mostly
denuded of vegetative cover except for scattered small colonies of mostly Creeping and
Annual Glasswort and Shoregrass (Monanthochloe Littoralis).
• Low Marsh (Upper edges of normal high tide) — Vegetative cover is dominated by non -
grass species such as Annual Glasswort, Creeping Glasswort, and Sea -ox -eye -daisy.
• Low Marsh (Just above normal high tide) — Vegetative cover is dominated by grasses
such as Marshhay cordgrass (Spartina Patens) and Fall Panicgrass (Panicum
Dichotomiflorum).
• High Marsh — Cattails (Typha Latifolia), Pennywort (Hydrocotyle Umbellate).
Marshhay cordgrass (Spartina Patens).
6. Upon attainment of the specified wetland coverages and extermination of the Brazilian Pepper
trees. a request for final inspection will be sent to the COE / Corpus Christi Field Office. Upon
acceptance by the COE / Corpus Christi Field Office, the annual inspections will cease and the
property encompassed by the bollard -and -cable fence mentioned above under Protection Plan
shall be dedicated as a Conservation Easement through City Council action and recordation of
deed restrictions in the Public Records of Nueces County, Texas. Said property is currently
owned by the City of Corpus Christi and shall remain in the ownership of the City. The
Conservation Easement shall not, however. preclude the rights of ingress. egress and
maintenance of the utility companies with existing utilities in the easement area. See Figure
MP 14, LIMITS OF CONSERVATION EASEMENT.
Dedication as a Wetland Preserve and Deed Restriction
EXHIBIT B— MITIGATION PLAN (1-7 pgs) & related documents
Page 6 of 17
41.
Mitigation Plan
COE Permit Application No. 24279
Page 7 of 7
aq.)-vi (SA) c7- '2 c.)04 O4.0st4
FIGURES:
• Figure MPI — Location Map
• Figure MP2 — Proposed Land Use
• Figure MP3 — Site Plan
• Figure MP4 —Adjacent Property Owner Information
• Figure MP5 — Sections
• Figure MP6 — Sections
• Figure MP7 — On -Site Wetlands Utilization
• Figure MP8 — Off -Site Mitigation Area — Existing Land Use
• Figure MP9 — Off -Site Wetlands Utilization
• Figure MPIO — Off -Site Mitigation Arca — Proposed Land Use
• Figure MP11 — Wetlands Mitigation Summary Table
• Figure MP12 — Off -Site Mitigation Map
• Figure MP13 — Limits of Disturbance (Work Corridors)
• Figure MP14 — Limits of Conservation Easement
EXHIBITS:
• Exhibit 'A' — University of Florida Publication Entitled "Brazilian Pepper -tree Control"
• Exhibit 'B' — Wetlands Delineation Survey of the Off-site Mitigation Arca
• Exhibit 'C' — Threatened and Endangered Species Survey of the Off-site Mitigation Area
• Exhibit 'D' — Archeological Study of the Off-site Mitigation Area
Dedication as a Wetland Preserve and Deed Restriction
EXHIBIT B— MITIGATION PLAN (1-7 pgs) & related documents
Page 7 of 17
NffriaiglEEILIIErIEES
Department of the Army Permits for Work it Navigable Waters require attention to
administration and policies which are often Misunderstood or disregarded. To avoid possible
irisinterpretations and to expedite procedures, permit post -authorization requirements and
pe-tinent information are outlined as Mows:
1. Permits remain in effect until revoked, relinquished, or the structures are removed.
An extension of time for corn, ?,,tion of structures or work may be granted provided that a
public notice is issued and that evidence is furnished of the bona fide intention of the
perr-tittee to complete the work within a reasonable time. If work or structures are not
completed within. the time provided in the permit, it is the ae=„itteel responsibility to
request an extension of time at least 4 months before the expiration date.
2. Maintenance of authorized completed structures may be done at any time without
extending the completion period. It is, however, required that the District Engineer be
notified prior to commencement of maintenance.
3. SPECIAL REGULATIONS GOVERN MAINTENANCE WORK I VOLVLYG--
DREDGING OR FILL. This maintenance is not authorized by the original permit and
specific prior approval is required before such work is commenced in navigable waters. Your
request for authorization should be submitted in time for public notice requirements and
coordination with other agencies.
4. If ownership of structures or work covered by a permit is transferred, the District
Engineer must be notified immediately, The notification will provide information so that
permit responsibilities can be changed to the new owner or assignee.
5. Permittees are reminded that:the Area Engineer must be notified as soon as possible
of the time for _commencement . of construction or work, and immediately upon com l hen. If
pipelines across Federal project channels are covered by the permit, the Area Engineer
should be informed of the date the pipelines are to be placed in time for him to arrange for
an inspector to be present.
6. All material changes in location or plans must be submitted promptly to the District
Engineer for approval before construction is begun.
7. Permits should not be considered as an approval of design features of any
structure authorized or an implication that such structure is adequate for the purpose
intended.
SWG FL 279
24 April 85
DISTRICT ENGIYEER
GALVESTON DISTRICT
CORPS OF ENGINEERS
Dedication as a Wetland Preserve and Deed Restriction
EXHIBIT B— MITIGATION PLAN (1-7 pgs) & related documents
Page 8 of 17
DEP ‘Iv \1EN h OF Ti IT ARNIVPER 111
Permittee CITY OF CORPt 1 CI1R1SII
Permit N. 14179 SW(4-2006-0 048)
Jssun Office Cialveston District
SEP 1
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the
appropriate (district or division office of the Corps of Eneincers litivinizjurisdiction over the permitted activity or the appropriate official of that
office acting under the authority of the commanding officer,
You arc authorized to perform work accordance with the terms and conditions specified below.
Project Description: To elevate a 5.400 -foot -long by 60 -foot -wide section of the Laguna Shores Drive roadway. The proposed roadbed will be
raised an averatze of approximately IWO feet. The proposed new pavement \vitt consist of two 2 -foot -wide lanes with 4-lbot-wide shouders on
each side„Approximately 1.97 acres of wetlands and open waters will be filled for this project and approximately 0.06 acres of wetlands and 0 r.;.'
waters will be excavated. In addition, the project %vitt have secondary impacts on approximately, 0 36 acres of wetlands and open waters
immednitely adjacent :o he road right-of-ways on the east side for a total of 2.39 acres of disturbance of existing wetlands associated with the
project. As mitigation for impacts to waters of the United States, an approximate 12.0 -acre site containing a 3.87 -acre wethind
enhancement:creation project will be set aside in a conservation easement. The project will be conducted in accordance with the attached plans,
dated '.ri1 2009, titled "Laguna Shores Road Grahard to Hustl n Hornet" in 6 sheets. and "Attachment .i\s in 7 sheets.
Project Location. On Laguna Shores Road betv.een Graham and Hustlin Hornet Streets, along the western shore of the Laguna Madre, Corpus
Christi, Nieces County, Texas. 1 he mitigation site is en an approximate 12 -acre site located on the southeast corner of the Laguna Shores
Wastewater Treatment Plant Property, which is adjacent to the Laguna Madre approximately 0.7 mile north of the proposed project site.
Permit Conditions:
General Conditions:
The time lima for completing the work authorized ends on 31 December 2914 if you find that you need more time to
complete the authorized activity,. submit your request tin a time extension to this office for consideration at least one month before the above date
is reached,
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit.
You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third part> in
compliance V,th General Condition 4 beloia.. Should you wish to Cease to maintain the authorized :loth ity or should you desire to abandon it
without a good faith transfer, you must obtain a modification of this permit from this office. which ma:, reauire restoration of the area.
3. I f:, ou disco; er any previously unknovi. .i.ortie or archeological remains whiie accomplishing the activity authorized by this perrnii, i. thciit
immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine itthe remains
‘varrant a recovery effort or if the she is eligible for listing in the National Register of Historic Places.
4. if you sell the property associated with this permit. you must obtain the signature olthe new owner in the space provided and forvvard a copi:. of
the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the cerititication
as special conditions to this permit. For your convenience, a copy of the certification is attached if h contains such conditions.
6.. You must allow representatives from this office to inspect the authorized activity u any time deemed necessary to ensure that it is beina or has
been accomplished in accordance vvith the terms and conditions of your permit.
ENG FORM 1721. Nov 86
EDITION OF SEP 82 IS OBSOLETE, (33 CFR 325 (Appendix .1))
Dedication as a Wetland Preserve and Deed Restriction
EXHIBIT B— MITIGATION PLAN (1-7 pgs) & related documentF
Page 9 ol
Special LttIi
1. "Elie poli..:tee understands and agrees that if future operations by the United States require the removal. relocation or other alteration of the
strt .
;:.u..: ,....,. ,... . ;t ... Secretary \r€authorized a,. i..,a A1Cshall
....................Z�:t. ^:.1...' __ -; " -- ' `� � r:1r;- i)r''"Z ._ i;v or l' :.4i. r,. ..�: , _ til' > l•'' ....
cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps o:
EngtneerS, to remove. relocate or alter the structural work or o structioas caused thereby eby without ext .._r :o .he United States No cls.r. _hail be.
made a.eainsi the United States on account of any such removal or alteration.
2. The Corpus (1hrist, t�.. tririi.`;1 tv111 actor): rc dut;orf ,o preserve the ntitigatioti sete as a natural wetland area within o months oI the issue date oI
t, ermit. The CES\\ G, prier to execution of :hen -isolation. must approve the 4 d d1.It 0i -the resolution a.d a eo ft of the final resolutica it.
provided to the C.'ES\VG within 30 days e't i -Ftid'snce.
3_. A i coast ;..tt .n t)1 mitigation, ludo t12€Ir ..lamer:....nu:.t. he complete ten -:in 12 months alter start t o >nstruction within Jurisdictional area`.
The perm. notify the CES\GCorpus Christi Field OI_.cc in writing when the vvor'le .. ..
, ,,.€i..l :.ret...Ivionitortag_.0
maintenance ..,. creed according to the nt Mgr:lion plan
4 The ;111 _alien success ci.t..rla.ll-a.e...;? :he tiiiii ..t;@n pion included in Attachment A must be ..._...e ed for the initioation requirement to
be considered complete.
5. Sheath 2 Mitigation be determined to be unsuccessful by CES\\ G personnel at the end of the monitoring -period. the -permittee tills her y :iru to
take necessary, corrective measures. as approved by the CES\VG. Once the corrective measures are completed, the permittee will notify th
CLS\VG and a determination will be made regarding success of the mitigation.
Further Inform -Idiom
1. Congressional .Authorities: You have been authorized to undertake the actin ity described ahoy c pursuant t
(X) Section I d of the Rivers and Harbors ;\::t of 1899 (} U.S.C. 403).
(X) Section 404 of the Clean \Vater .\et (33 U.SA, 1-k44).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1072 (33 U.S.C. 1413),
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required
h. This per€uit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injur to the property or right; of others.
d. This permit does not authorize int rfert ;ce with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this per t. the Federal Government does not assume any i;jhiiity for the following:
Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes.
b. I)anlagcs to the permitted project or uses hereof as a result or current or future activities undertaken taken b4` or on behalf ofthe 1_�„lied
Slates li:.::”. i)<i'bFC inter._..
r. D an:a .:e
permit.
las. open ty. 0r
.:..tteJ .r unj ur:nitted aettL it..... or structure es caused h ::?c' activity authorized by this
d. Design or construction deficiencies associated with the permitted work.
Dedication as a Wetland Preserve and Deed Restriction
EXHIBIT B— MITIGATION PLAN (1-7 pgs) & related documents
Page 10 of 17
e. Damage claims associatcd with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in
reliance nn rhe information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances
that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit..
b. The information provided by you in support of your permit application proves to have been false. incomplete. or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in
33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for
the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action
where appropriate. You will be required to pay for any corrective measures ordered by this office. and if you fail to comply with such directive,
this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and
bill you for the cost.
6. Extensions. General condition I establishes a time limit for the completion of the activity authorized by this permit. Unless there are
circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps wilt
normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
ies
(P .fITF EE)
Ai 'GEL ESCOBAR, CITY MANAGER
CITY OF CORPUS CHRISTI
ATE//''
(D )
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
(DISTRICT ENGINEER)
LLOYD MULLINS, LEADER
CORPUS CHRISTI FIELD OFFICE
FOR COLONEL DAVID C. WESTON
(DATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this
permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities
associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE)
3
(DATE)
Dedication as a Wetland Preserve and Deed Restriction
EXHIBIT B— MITIGATION PLAN (1-7 pgs) & related documents
Page 11 of 17
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Dedication as a Wetland Preserve and Deed Restriction
EXHIBIT B— MITIGATION PLAN (1-7 pgs) & related documents
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Dedication as a Wetland Preserve and Deed Restriction
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EXHIBIT B- MITIGATION PLAN (1-7 pgs) & related documents
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FIGURE v.P5 DATE F _ 20U9
a. Dedication as a Wetland Preserve and Deed Restriction
EXHIBIT B— MITIGATION PLAN (1-7 pgs) & related documents
Pcno 1.ri of 17
LAGUNA SHORES ROAD
GRAHAM TO HUSTLIN HORNET
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AT: LACUNA SHORES RD. BETWEEN
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CORPUS CHRISTI, TEXAS 78469
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CORPUS CHRISM
LAGUNA SHORES ROAD
GRAHAM TO HUSTLIN HORNET
IN: LAGUNA MADRE
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COUNTY: NUECES
STATE C F TEXAS
AFFUT- l0'i BY: CITY OF CORPUS C-R:S,Tl
:Cs( MP6 DATE. .ARI_ 2009
Dedication as a Wetland Preserve and Deed Restriction
EXHIBIT B— MITIGATION PLAN (1-7 pgs) & related documents
Don. 1F of 17
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A
ON-SITE WETLANDS UTILIZATION
LAGUNA SHORES ROAD PROJECTLOCATION
ITEMIZED ON-SITE WETLAND IMPACTS
nNCLUDING SECONDARY IMPACTS)
WETLAND TYPE
TYPE OF
IMPACT
AREA IMPACTED
SHALLOW WATERS,
UN -VEGETATED
FILL
0.02 AC.
SHALLOW WATERS, WITH
PARTIAL SEAGRASS (30%)
FILL
0.144 AC. (SEAGRASS)
0.336 AC. (UN-VEG.)
SHALLOW WATERS, WITH
PARTIAL SEAGRASS (30%)
EXCAVATED
0.018 AC. (SEAGRASS)
0.042 AC. (UN-VEG.)
SHALLOW WATERS, WITH
PARTIAL SEAGRASS (30%)
SECONDARY
IMPACTS
0.108 AC. (SEAGRASS)
0.252 AC. (UN-VEG.)
SAND/MUD FLATS,
UN -VEGETATED
FILL
0.25 AC.
LOW MARSH
FILL
0.91 AC.
HIGH MARSH
FILL
0.31 AC.
TOTAL IMPACTS
2.39 AC.
TOTAL ON-SITE IMPACTS PER WETLAND TYPE
WETLAND
TYPE
WETLANDS
TOTAL
(acres)
WETLANDS
AVOIDED
(acres)
WETLANDS
IMPACTED
(acres)
SEAGRASS
027
0
0.27
SHALLOW WATER
0.65
0
0.65
SAND FLATS
0.25
0
0.25
LOW MARSH
0.91
0
0.91
HIGH MARSH
0.31
0
0.31
TOTAL
2.39
0
2.39
100%
0%
100%
4 0/
PURPOSE/ACTMTIES! RAISE AND WIDEN LAGUNA
SHORES ROAIIWAY.
DATUM: HOR,
vc7.. — NiCVD. 2S
IMINI
%/0.1••••11.0
CCTV Co'F CORPUS CriRtS
ON—SITE
WETLANDS UTILIZATION
CITY OF CORPUS CHRtS11
P.D. BOX S277
CORPbS CHRiSTi. TEXAS 784
LAGUNA SHORES ROAD
GRAHAM TO HUSTLIN HORNET
LAGUNA MADRE
AT: LAGUNA SHORES RD, EErwF_EN
GRAilAM RD & 12:7;71N HORNET CA.
C N'TY: NUECES
E-7471: C TEXAS
P.C. BOX 2927
CORP!..Z CHRiSTi, TiL3:_E 7 A.PRiL 200S
- —
Dedication as a Wetland Preserve and Deed Restriction
EXHIBIT B— MITIGATION PLAN (1-7 pgs) & related documents
_ A,
AFTER RECORDING RETURN TO:
CITY OF CORPUS CHRISTI
Department of Engineering Services
PROPERTY AND LAND ACQUISITION DIVISION
P. O. Box 9277
Corpus Christi, Texas 78469-9277