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CITY OF DALLAS. January 20, 2016 Stephen L, Brooks, Chief, Regulatory Division ‘Neil Lebsock, Project Manager Regulatory Division, Compliance and Enforcement Branch USS. Army Corps of Engineers 819 Taylor Street, Rm 3437 Fort Worth, Texas 76102 Re: Project No. SWF-2007-00209 Dear Mr. Brooks and Mr. Lebsock: This letter responds to the December 15, 2015 letter and January 5, 2016 letter from Mr. Brooks of the U.S. Army Corps of Engineers (the “Corps") to Mr, John Reynolds ofthe Dallas Park and Recreation Department (copies attached). The City acknowledges receipt of both letters and appreciates the additional time afforded to send this response. In the correspondence, Mr. Brooks noted that the bypass channel around the Standing Wave wihite-water feature was not functioning as intended in the permit application. The leters expressed the Comps’ concem that the City has not provided recent updates concerning ‘modification to allow upstream traffie. The City regrets that the Corps has not received sufficient updates and hopes that this letter alleviates the Corps’ concer. AAs you know, the City contracted with Schrickel, Rollins, and Associates, Ine. (*SRA") forthe design and the required Corps’ permits for the Standing Wave. SRA hired sub-consultants to primarily perform those tasks. Once the Comps indicated that the Standing Wave was not functioning as intended in the permit application, the City involved SRA in finding a solution and SRA initially cooperated with the City and the Corps. Unfortunately, SRA has recently refused to cooperate ina final resolution of the problems caused by its actions. In light of SRA’s refusal, the City will now proceed to directly address the Standing Wave without SRA’s involvement. However, in addition to the City’s efforts to engage SRA in addressing the Standing Wave, the massive spring rains and related dam releases have essentially submerged the Standing Wave, making it dificult to fully evaluate proposed solutions. Unfortunately, this and other factors including the complexity of the issues have caused ‘additional delays. However, the City is proceeding and below is the intended path forward. If some actions take less time than estimated below, the following actions may be able to slide forward. OF course, the one factor that no one ean control is the weather. Ifthe Dallas area receives anything like last yeao’s rains, unexpected delays will be unavoidable. As noted, the Standing Wave feature has been submerged since last spring and will likely remain submerged for at least several more months. 1 ‘The Dallas City Couneil met in executive session today, January 20, 2016, and was updated on. the status ofthe lepal issues related tothe Standing Wave. City staff intends to issue a request for proposals or use another allowable procurement method (collectively “RFP”) seeking preposals to design and build or to otherwise make alterations oF remove the Standing Wave that will address and satisfy the Corps" concer about navigability of the Trinity River. Its anticipated tha the RFP wil be issued by February 28, 2016, ‘The responses to the RFP will then be evaluated by City staff. City Council, ether by committee or the entire council, will then Hold one or more meeting(s) to seek public input regarding the options and costs to address the ssues with the Standing Wave as expressed in the responses to the REPS. It is anticipated that this will occur within 90 days of the receipt of the proposals Thereafter, the City Council will determine which of the options presented through the REP process to follow. It is ntcipeted that this will occur no later than 30 days after the public hearing(s). The timeline to make the altemations tothe Standing Wave willbe dependent on the option selected by City Council, available funding, and the proposer's estimated construction ‘ime, The City expects it will soon flea lawsuit against SRA, asserting that SRA breached its contact with the City coneeming the Sunding Wave. The lawsuit will seek to recover, among other things, the City’s damages incured as a result of making any modifications to the Standing, Wave. ‘The City appreciates the Corps’ cooperation and patience asthe City has been working toward a resolution of the complicated issues related to the Standing Wave it has inherited from SRA, “The City weleomes any comments and suggestions, including recommendations regarding the ‘Corps’ preferred path forward. IF it will assis the Corps in monitoring progress related to the Standing Waive, please let me know and the City will send quarterly status reports on its ‘progress. Ifthere should be a significant disruption or other development that materially affects ‘the City’s plans, the City will coordinate with the Corps to minimize the potential for further delay. Please contact me dirctly at (214) 670-4074 if you have any questions or ‘concerns. Thank you for your time and consideration, Respectflly, Us Wa Willis Winters, PALA Director, Park and Recreation Department, Cty f Dallas e: Mark MeDaniel, Assistan: City Manager, City of Dallas ‘Sarah Standifer, Director, Trinity Watershed Management Department, City of Dallas Warren Emst, City Attomey, City of Dallas Cris Bowers, First Assistant City Atomey, City of Dallas Christine Lanners, Assistant City Atiomey, City of Dallas