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Home My WebLink About11-8-21 JAY MARTIN, CHAIRMANCHUCK ENGELKEN MAYOR PRO TEMCOUNCILPERSON MANDI WILLIAMSBILL BENTLEY, ALTERNATE COUNCILPERSONCOUNCILPERSON MINUTES OFTHEDRAINAGE AND FLOODING COMMITTEEMEETING OCTOBER 11, 2021 The Drainage and Flooding Committeeof the City of La Portemet on Monday,October 11, 2021, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 5:00p.m. to consider the followingitems of business: Committee Members present:Jay Martin, Chuck Engelken, Mandi Williams Committee Members attending remotely: None Committee Members absent: Bill Bentley (alternate) Council-appointed officers present: Corby Alexander,City Manager;Lee Woodward, City Secretary CALL TO ORDERChairman Martincalled the meeting to order at5:00p.m. 2. CITIZENCOMMENT (Generally limited to five minutes per person, in accordance with state law, the time may be reduced if there is a high number of speakers or other considerations.) There were no citizen comments. 3. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance with staff recommendations provided. An item may be removed from the consent agenda and added to the Statutory Agenda for full discussion upon request by a member of the Committee present at this meeting.) There were no items for the consent agenda. 4. STATUTORY AGENDA a.Presentation, discussion, and possible action to approve the minutes of the September 13,2021, meeting. \[Councilperson Martin, Chairman\] Member Engelkenmoved to approve the minutes;the motion was seconded by Member Williams;the motionwas adopted, 3-0. b.Presentation, discussion, and possible actionregardingstatus of 100 acre-foot detention pond project near the Pasadena Convention Center, associated with the interlocal agreement between the City of La Porte and the City of Pasadena. \[Lorenzo Wingate, Assistant Director of Public Works\] Mr.Wingate noted Halff Associates has negotiated a contract for the projectand that it was actually 550 calendar days, unlike the 400 in the draft document. He added that the Pasadena City Council isset to consider this item at the end of October/beginning of November. Member Engelkenmoved torecommend to the City Council approval of a engineering services contract with Halff Associates, Inc. for the 100 Acre-Foot Interlocal Detention Pond Project; the motion was seconded by Member Williams; the motion was adopted, 3-0. October11,2021-Drainage and Flooding Committee Minutes c. Presentation, discussion, and possible action regarding the Harris County Flood related to flooding in the City of La Porte. \[Lorenzo Wingate, Assistant Director of Public Works\] Mr. Wingate and the Member Engelken moved to recommend to the City Council approval of an interlocal agreement with the Harris County Flood Control District for the Bayside Terrace Subdivision drainage project; the motion was seconded by Member Williams; the motion was adopted, 3-0. d. Presentation, discussion, and possible action regarding the status of current drainage projects. \[Lorenzo Wingate, Assistant Director of Public Works\] Member Engelken asked for -of- way in Brookglen. e. Presentation, discussion, and possible action to provide administrative staff of the City with direction, if necessary, regarding additional drainage concerns. \[Lorenzo Wingate, Assistant Director of Public Works\] Chair Martin asked for an update at the next meeting on the process and status of the wetlands designation for a 107-acre tract south of McCabe Road and East of Highway 146. 5. Set next meeting - The next meeting date was set for November 8, 2021. 6. Committee Member Comments Members had no comments. ADJOURN The meeting was adjourned without objection at 5:15 p.m. ____________________________________ Lee Woodward, City Secretary October 11, 2021 - Drainage and Flooding Committee Minutes REQUEST FOR DRAINAGE & FLOODING COMMITEEAGENDA ITEM Appropriation Agenda Date Requested:November 8, 2021 Source of Funds:N/A Requested By:Lorenzo Wingate, Asst. Director Department:Public Works Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits:USACE AJD Letter Budgeted Item:YesNo SUMMARY & RECOMMENDATION At the October 11, 2021 Drainage Committee Meeting, Committee Member Martin requested an update on the status of the property located at the corner of McCabe Rd and SH 146, owned by Dutko Family Partnership LTD. Upon coordinating with multiple stakeholders, staff was able to obtain a copy of the attached UnitedStates Army Corps of Engineers (USACE) Approved Jurisdictional Determination (AJD) letter, associated with the Dutko property.Staff has coordinated with environmental services consultant, Berg-Oliver Associates, Inc. toexplain the responding to related questions. ACTION REQUIRED BY DRAINAGE AND FLOODING COMMITTEE Receive report, and provide staff with direction, as necessary. Approved for Drainage CommitteeAgenda Corby D. Alexander, City ManagerDate DEPARTMENT OF THE ARMY U. S. ARMY CORPS OF ENGINEERS, GALVESTON DISTRICT P. O. BOX 1229 GALVESTON, TEXAS 77553-1229 August 30, 2021 Compliance Branch SUBJECT:SWG-2018-00811 – Dutko Family Partnership, Ltd.; Approved Jurisdictional Determination (AJD), Approximate 107-Acre Site, Located in La Porte, HarrisCounty, Texas Tracy Watson Phase Engineering, Inc. 5524 Cornish Street Houston, Texas 77007 Dear Ms. Watson: This is in response to the November 5, 2018 request foran approved jurisdictional determination (AJD), on behalf of the Dutko Family Partnership, Ltd., for an approximate 107-acre site located southeast of the McCabe Road and Texas State Highway (SH) 146 intersection in La Porte, Harris County, Texas (map enclosed). Based on a review of the submitted information, detailed off-site data, the June 28, 2019 site visit, and current federal regulations we determined the approximate 107-acre site contains wetlands comprising approximately 27.1 acres, four (4) tributaries comprising approximately 2,038.7 linear feet, two (2) swales comprising approximately 616.7 linear feet, and one (1) approximate 1,392-foot-long upland man-made drainage ditch. Wetlands within the review area were identified using the Atlantic and Gulf Coastal Plain Region (Version 2.0) to the 1987 Corps of Engineers Wetland Delineation Manual which requires under normal circumstances, a predominance of hydrophytic vegetation, wetland soils, and sufficient hydrology at/or near the surface for adequate duration and frequency to support this aquatic ecosystem. The Corps of Engineers regulates the placement of structures and/or work performed in/or affecting navigable waters of the United States (U.S.) (i.e. bulkheads, piers, etc.) under Section 10 of the Rivers and Harbors Act of 1899. The Corps also regulates the discharge of dredged and/or fill material into waters of the U.S., including navigable waters, under Section 404 of the Clean Water Act. The wetlands are closed depressions that neither abut a paragraph (a)(1 – 3) water, nor are inundated by flooding from an (a)(1 – 3) water in a typical year, nor are physically separated from an (a)(1 – 3) water only by a natural berm, bank, dune, or similar natural feature, nor are physically separated from an (a)(1 – 3) water only by an artificial dike, barrier, or similar artificial structure. Therefore, the subject site wetlands meet the 33 CFR 328.3(b)(1) non- adjacent wetland exclusion. The subject site tributaries are currently or were historically characterized by ephemeral water flow resulting from precipitation, therefore, the tributaries meet the 33 CFR 328.3(b)(3) ephemeral feature exclusion. The subject site -2- ditch is aconstructed, or excavated channelused to convey surface water flow. When originally constructed, the ditch neither relocated a tributary, nor was constructed in a tributary, nor was constructed in adjacent wetlands. Therefore, the ditch meets the 33 CFR 328.3(b)(5) ditch exclusion. As such, the discharge of dredged and/or fill material into and/or any work in or affecting the subject site does not requires a Department of the Army (DA) permit. Areas of Federal Interests (federal projects, and/or work areas) may be located within this proposed project area. Any activities in these federal interest areas would also be subject to federal regulations under the authority of Section 14 of the Rivers and Harbors Act (aka Section 408). Section 408 makes it unlawful for anyone to alter in any manner, in whole or in part, any work (ship channel, flood control channels, seawalls, bulkhead, jetty, piers, etc.) built by the United States unless it is authorized by the Corps of Engineers (i.e., Navigation and Operations Division). The AJD form included herein identifies the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for this request. This jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. This letter constitutes an AJD for this subject site and is valid for 5 years from the date of this letter unless new information warrants a revision prior to the expiration date. If you object to this AJD, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeals Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination, you must submit a completed RFA form to the Southwestern Division Office at the following address: Mr. Jamie Hyslop Administrative Appeals Review Officer (CESWD-PD-O) U.S Army Corps of Engineers, Southwest Division 1100 Commerce Street, Suite 831 Dallas, Texas 75242-1317 Telephone: 469-487-7061; Fax: 469-487-7199 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete; that it meets the criteria for appeal under 33 CFR Part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP; noting the letter date is considered day 1. It is not necessary to submit an RFA form to the Division office if you do not object to the determination in this letter. If you have questions concerning this matter, please reference file number -3- SWG-2018-00811 and contact meat the letterhead address, by e-mail at kevin.s.mannie@usace.army.mil, or by telephone at 409-766-3016. To assist us in improving our service to you, please complete the survey found at https://regulatory.ops.usace.army.mil/customer-service-survey/ and/or if you would prefer a hard copy of the survey form, please let us know, and one will be mailed to you. Sincerely, Kevin Mannie Project Manager, Compliance Branch Enclosures Swale 1 ~438.2 ft Wetland Mosaic 5 ~ 0.07 ac . Ditch 1 ~ 1,392 ft Wetland Mosaic 2 ~ 40.4 ac Swale 2 ~ 178.5 ft Wetland Mosaic 3 ~ 8.71 ac East Trib ~ 288.5 ft West Trib 2 ~ 517.5 ft Wetland Mosaic 4 ~ 4.1 ac West Trib 1 ~ 716 ft Wetland Mosaic 1 ~ 14.3 ac 02505001,000 Esri, HERE, Garmin, (c) OpenStreetMap contributors Feet SWG-2018-00811 Dutko Family Partnership, Ltd. Approximate 107-Acre Site Approved Jurisdictional Determination La Porte, Harris County, Texas Review_Area ~ 107 ac ! ? National Geographic, Esri, Imagery: 2020 National Agriculture Imagery Program (NAIP), Garmin, HERE, UNEP- 0.6-meter True Color WCMC, USGS, NASA, ESA, Note: Review area reflects neither property boundaries nor METI, NRCAN, GEBCO, ownership. NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: File Number: Date: DUTKO FAMILY PARTNERSHIP, LTD.SWG-2018-008118/30/21 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission)B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/appeals.aspxor Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: Y ou may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process appeal process you may contact: you may also contact: Kevin S. Mannie, Project Manager Mr. Jamie Hyslop Regulatory Division, Compliance Branch (CESWG-RD-C) Administrative Appeals Review Officer (CESWD-PD-O) U.S. Army Corps of Engineers, Galveston District U.S. Army Corps of Engineers, Southwest Division P.O. Box 1229 1100 Commerce Street, Suite 831 Galveston, Texas 77553-1229 Dallas , Texas 75242-1317 Telephone: 409-766-3016; Fax: 409-766-3931 Telephone: 469-487-7061; Fax: 469-487-7199 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: _______________________________ Signature of appellant or agent. U.S.ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE I.ADMINISTRATIVE INFORMATION Completion Date of Approved Jurisdictional Determination(AJD):8/30/2021 ORM Number:SWG-2018-00811 Associated JDs:N/A. 1 Review Area Location:State/Territory:TexasCity: La PorteCounty/Parish/Borough:Harris Center Coordinates of Review Area:Latitude 29.626884Longitude-95.029519 II.FINDINGS A.Summary:Check all that apply. At least one box from the following list MUST be selected.Complete the corresponding sections/tables and summarize data sources. The review areais comprised entirely of dry land (i.e.,there are nowaters or waterfeatures,including wetlands,of any kindin the entire review area).Rationale:N/A or describe rationale. There are “navigable waters of the United States” within Rivers and Harbors Act jurisdiction withinthe reviewarea (completetablein Section II.B). There are “waters of the United States” within Clean Water Act jurisdiction within the review area (complete appropriate tablesinSectionII.C). There are waters or waterfeatures excluded from Clean Water Act jurisdiction within the review area (complete table in Section II.D). 2 B.Rivers and Harbors Act of 1899 Section 10 (§ 10) § 10 Name§ 10 Size§ 10 CriteriaRationale for § 10 Determination N/A.N/A.N/AN/A.N/A. C.Clean Water Act Section 404 3 Territorial Seas and Traditional Navigable Waters ((a)(1) waters): (a)(1) Name(a)(1) Size(a)(1) CriteriaRationale for (a)(1) Determination N/A.N/A.N/A.N/A.N/A. Tributaries ((a)(2) waters): (a)(2) Name(a)(2) Size(a)(2) CriteriaRationale for (a)(2) Determination N/A.N/A.N/A.N/A.N/A. Lakes and ponds, and impoundments of jurisdictional waters ((a)(3) waters): (a)(3) Name(a)(3) Size(a)(3) CriteriaRationale for (a)(3) Determination N/A.N/A.N/A.N/A.N/A. Adjacent wetlands ((a)(4) waters): (a)(4) Name(a)(4) Size(a)(4) CriteriaRationale for (a)(4) Determination N/A.N/A.N/A.N/A.N/A. 1 Map(s)/figure(s) are attached to the AJD provided to the requestor. 2 If the navigable water is not subject to the ebb and flow of the tide or included on the District’s list of Rivers and Harbors Act Section 10 navigable waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors Act Section 10 navigability determination. 3 A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment of river or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand- alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD Form. Page 1of 5Form Version 29 July 2020_updated U.S.ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE D.ExcludedWaters or Features 4 Excluded waters((b)(1) –(b)(12)): 5 Exclusion NameExclusion SizeExclusionRationale for ExclusionDetermination Wetland Mosaic 1 11.03acre(s)(b)(1) Non-Wetland Mosaic 1is a depressionalwetland adjacent that neither abutsa paragraph(a)(1-3) water, wetland.nor islocated in alandscape position that would beflooded/inundated by aparagraph (a)(1-3) waterduring a “typical year.” This wetlandis separated from aparagraph (a)(1- 3) water by more than a single natural or man-made barrier. Therefore, this wetland meets the 33 CFR 328.3(b)(1) non-adjacent wetland exclusion. Wetland Mosaic 2 8.48 acre(s)(b)(1) Non-Wetland Mosaic 2is a depressionalwetland adjacent that neither abutsa paragraph(a)(1-3) water, wetland.nor islocated in alandscape position that would beflooded/inundated by aparagraph (a)(1-3) waterduring a “typical year.” This wetlandis separated from aparagraph (a)(1- 3) water by more than a single natural or man-made barrier. Therefore, this wetland meets the 33 CFR 328.3(b)(1) non-adjacent wetland exclusion. Wetland Mosaic 3 5.66acre(s)(b)(1) Non-Wetland Mosaic 3is a depressionalwetland adjacent that neither abutsa paragraph(a)(1-3) water, wetland.nor islocated in alandscape position that would beflooded/inundated by aparagraph (a)(1-3) waterduring a “typical year.” This wetlandis separated from aparagraph (a)(1- 3) water by more than a single natural or man-made barrier. Therefore, this wetland meets the 33 CFR 328.3(b)(1) non-adjacent wetland exclusion. Wetland Mosaic 4 1.88acre(s)(b)(1) Non-Wetland Mosaic 4is a depressionalwetland adjacent that neither abutsa paragraph(a)(1-3) water, wetland.nor islocated in alandscape position that would beflooded/inundated by aparagraph (a)(1-3) waterduring a “typical year.” This wetlandis separated from aparagraph (a)(1- 3) water by more than a single natural or man-made barrier. Therefore, this wetland meets the 33 CFR328.3(b)(1) non-adjacent wetland exclusion. 4 Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district to do so. Corps districts may, in case-by-case instances, choose to identify some or all of these waters within the review area. 5 Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub-categoriesof (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub-categoriesare not new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR. Page 2of 5Form Version 29 July 2020_updated U.S.ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE 4 Excluded waters((b)(1) –(b)(12)): 5 Exclusion NameExclusion SizeExclusionRationale for ExclusionDetermination Wetland Mosaic 5 11.03acre(s)(b)(1) Non-Wetland Mosaic 5is a depressionalwetland adjacent that neither abutsa paragraph(a)(1-3) water, wetland.nor islocated in alandscape position that would beflooded/inundated by aparagraph (a)(1-3) waterduring a “typical year.” This wetlandis separated from aparagraph (a)(1- 3) water by more than a single natural or man-made barrier. Therefore, this wetland meets the 33 CFR 328.3(b)(1) non-adjacent wetland exclusion. Unnamed Taylor 516.64linear (b)(1) Water or The unnamed Taylor Bayou tributary was Bayou Tributaryfeetwater feature historicallyan ephemeral surface water that is not channel that flowed or pooled only in direct identified in response to precipitation Since the channel (a)(1)-(a)(4) and has been improved and upstream stormwater does not meet detention basin constructions the channel the other (b)(1) subsequently receives more regular outflow. subcategories. Therefore, this feature meets the 33 CFR 328.3(b)(1) exclusion as a water that does not meet a (b)(2) through (b)(12) exclusion, and does not meet the paragraph(a)(1-4) water. Swale 1438.20linear (b)(1) Water or Swale 1 is a shallow surface water channel feetwater feature that lacks a reliable bed, bank, and ordinary that is not high-water mark. This feature flows or pools identified in only in direct response to precipitation (a)(1)-(a)(4) and Therefore, this feature meets the 33 CFR does not meet 328.3(b)(3) ephemeral feature exclusion. the other (b)(1) subcategories. Swale 2178.49linear (b)(1) Water or Swale 2 is a shallow surface water channel feetwater feature that lacks a reliable bed, bank, and ordinary that is not high-water mark. This feature flows or pools identified in only in direct response to precipitation (a)(1)-(a)(4) and Therefore, this featuremeets the 33 CFR does not meet 328.3(b)(3) ephemeral featureexclusion. the other (b)(1) subcategories. East Tributary288.54linear (b)(1) Water or East Tributaryis a surface water channel that feetwater feature flows or poolsonly in direct response to that is not precipitation Therefore, this featuremeets identified in the 33 CFR 328.3(b)(3) ephemeral feature (a)(1)-(a)(4) and exclusion. does not meet the other (b)(1) subcategories. West Tributary1716.00linear (b)(1) Water or WestTributaryis a surface water channel that feetwater feature flows or poolsonly in direct response to that is not precipitation Therefore, this featuremeets Page 3of 5Form Version 29 July 2020_updated U.S.ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE 4 Excluded waters((b)(1) –(b)(12)): 5 Exclusion NameExclusion SizeExclusionRationale for ExclusionDetermination identified in the 33 CFR 328.3(3)(1) ephemeral feature (a)(1)-(a)(4) and exclusion. does not meet the other (b)(1) subcategories. West Tributary2517.54linear (b)(1) Water or East Tributaryis a surface water channel that feetwater feature flows or poolsonly in direct response to that is not precipitation Therefore, this featuremeets identified in the 33 CFR 328.3(3)(1) ephemeral feature (a)(1)-(a)(4) and exclusion. does not meet the other (b)(1) subcategories. III.SUPPORTING INFORMATION A.Select/enter all resources that were used to aid in this determination and attach data/maps to this document and/or references/citations in the administrative record, as appropriate. Information submitted by, or on behalf of,the applicant/consultant:Wetland delineation report submitted by Phase Engineering, Inc. This informationSelect.sufficient for purposes of this AJD. Rationale:N/A or describe rationale for insufficiency (including partial insufficiency). Data sheets prepared by the Corps:6/28/2019 site visit Photographs:Aerial and Other:2020 National Agriculture Imagery Program (NAIP) 0.6-meter Color Infrared (CIR); 2009 and 2015 Texas Orthoimagery Program (TOP), 0.5-meter CIR; Google Earth Aerial Images, 1952 –2020; 6/28/2019 Site Visit Photos Corps site visit(s) conducted on:6/28/2019 Previous Jurisdictional Determinations (AJDs or PJDs):21774 (2/14/2000); and 21774(01) (12/1/2005). Antecedent Precipitation Tool:provide detailed discussion in Section III.B. USDA NRCS Soil Survey:Web Soil Survey, National Cooperative Soil Survey(NCSS), Harris County, Texas. USFWS NWI maps:FWS NWI Web Map Services (WMS) (https://www.fws.gov/wetlands/arcgis/services/Wetlands/MapServer/WMSServer?request=GetCapabilities &service=WMS). USGS topographic maps:La Porte, Texas –1916, 1920, 1944, 1955, 1967, 1982, 1995, 2013, 2016, and 2019; League City, Texas –2019; and Seabrook, Texas –1916, 1920, 1932. Other data sources used to aid in this determination: Data Source (select)Name and/or date and other relevant information USGS SourcesN/A. USDA SourcesN/A. Other NOAA data (specify)NOAA tide gauge station 8770613, Morgans Point, Barbours Cut, TX/ USACE SourcesN/A. LiDAR data/mapsTexas Water Development Board (TWDB), Strategic Mapping Program (StratMap) Light Detection and Ranging (LiDAR) Elevation Data: 2018 Upper Page 4of 5Form Version 29 July 2020_updated U.S.ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE Data Source (select)Name and/or date and other relevant information Texas Coast 0.5-Meter Bare Earth Digital Elevation Model (DEM), North American Vertical Datum (NAVD) 1988 (meters). FEMA/FIRM mapsFlood Insurance Rate Map (FIRM), Harris County, Texas and Incorporated Areas, Panel Numbers 48201C0945M and 48201C1085M (1/6/2017). Flood Zone(s): AE, 1% annual flood risk (100-year floodplain). Base Flood Elevation(s): 13-14 feet, NAVD88. Flood Insurance Study (FIS) 48201CV004C (5/2/2019). Other information (specify)N/A. B.Typical year assessment(s):None of the subject site aquatic features are in a contiguous landscape position that would be anticipated to be inundated by overbank flooding by the nearest water of the U.S., Taylor Bayou, in a typical year. The determination regarding potential inundation due to flooding by the nearest waterway is based largely upon site specific information andNOAA tide gauge data. C.Additional comments to support AJD:N/A or provide additional discussion as appropriate. Page 5of 5Form Version 29 July 2020_updated Wetland Mosaic 5 ~ 0.07 acre Swale 1 ~438.2 ft 0.04 Wetland acre . Ditch 1 ~ 1,392 ft Wetland Mosaic 2 ~ 40.4 acres 8.48 Wetland acres Swale 2 ~ 178.5 ft Wetland Mosaic 3 ~ 8.71 acres 5.66 Wetland acres East Trib ~ 288.5 ft West Trib 2 ~ 517.5 ft Wetland Mosaic 4 ~ 4.1 acres 1.88 Wetland acres West Trib 1 ~ 716 ft Wetland Mosaic 1 ~ 14.3 acres 11.03 Wetland acres 02505001,000 Esri, HERE, Garmin, (c) OpenStreetMap contributors Feet SWG-2018-00811 Dutko Family Partnership, Ltd. Approximate 107-Acre Site Approved Jurisdictional Determination La Porte, Harris County, Texas Review_Area ~ 107 ac National Geographic, Esri, Imagery: 2020 National Agriculture Imagery Program (NAIP), ! ? Garmin, HERE, UNEP- 0.6-meter True Color WCMC, USGS, NASA, ESA, Note: Review area reflects neither property boundaries nor METI, NRCAN, GEBCO, ownership. REQUEST FOR DRAINAGE & FLOODING COMMITEEAGENDA ITEM Appropriation Agenda Date Requested:November 8, 2021 Source of Funds:N/A Requested By:Lorenzo Wingate, Asst. Director Department:Public Works Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits: Budgeted Item:YesNo SUMMARY & RECOMMENDATION Council approved professional services agreement at the October 19th meeting. City of Pasadena presented the professional services agreement to its Council for the first reading at their October 19th Council meeting. 2nd reading of the agreement 2nd Council meeting.Preliminary engineering efforts are expected to begin by the late November or early December. ACTION REQUIRED BY DRAINAGE AND FLOODING COMMITTEE Receive report, and provide staff with direction, as necessary. Approved for Drainage CommitteeAgenda Corby D. Alexander, City ManagerDate REQUEST FOR DRAINAGE & FLOODING COMMITEEAGENDA ITEM Appropriation Agenda Date Requested:November 8, 2021 Source of Funds:N/A Requested By:Lorenzo Wingate, Asst. Director Department:Public Works Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits:Little Cedar Bayou Maintenance Request; Budgeted Item:YesNo SUMMARY & RECOMMENDATION Receive report regarding Harris County Flood Control District(HCFCD)and Harris current and future plans relatedto flooding in the City of La Porte. City staff is currently negotiatinginter-local agreements with HCFCD for: Brookglen Subdivision Drainage Improvement Project; and F216 Drainage Improvement Project -Phase III. City staff submitted a written request (attached), to HCFCD, to discuss the possibility of partnering to manage the vegetation along Litter Cedar Bayou, th between 8Street and S Broadway. As of October 21, 2021, HCFCD is discussing the City request internally and City staff is awaiting HCFCD follow- up. HCFCD staff is expected to participate in November 8, 2021 meeting. ACTION REQUIRED BY DRAINAGE AND FLOODING COMMITTEE Receive report, and provide staff with direction, as necessary. Approved for Drainage CommitteeAgenda Corby D. Alexander, City ManagerDate FYIJCJU!2 REQUEST FOR DRAINAGE & FLOODING COMMITEEAGENDA ITEM Appropriation Agenda Date Requested:November 8, 2021 Source of Funds:N/A Requested By:Lorenzo Wingate, Asst.Director Department:Public Works Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits:Project map; Project update chartand Budgeted Item:YesNo Harris County Drainage Network Map SUMMARY& RECOMMENDATION Refer to attached exhibit(s) for updates on various drainage projects throughout the City. ACTION REQUIRED BY DRAINAGE AND FLOODING COMMITTEE Receive report, and provide staff with direction, as necessary. Approved for Drainage CommitteeAgenda Corby D. Alexander, City ManagerDate 8!Cbuumfhspvoe!Ftubuft!Qibtf!JJ9!Dpvqmboe!Esjwf:!Bjsqpsu!Po.tjuf!Esbjobhf!Jnqspwfnfout REQUEST FOR DRAINAGE & FLOODING COMMITEEAGENDA ITEM Appropriation Agenda Date Requested:November 8, 2021 Source of Funds:N/A Requested By:Lorenzo Wingate, Asst. Director Department:Public Works Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits:HCFCD BrookglenTIAReport Budgeted Item:YesNo SUMMARY & RECOMMENDATION At the October 11, 2021 Drainage Committee Meeting, Committee Member Engelken requested an update on the status of the traffic impact analysis (TIA) associated with the detention ponds proposed to be constructed on the Harris County Flood Control s (HCFCD) buyout lots, along Gladwyne Lane. A copy of the TIA has been November 8, 2021 to discuss the TIA with the Drainage Committee.City staff has explained to HCFCD staff that all requests to close City rights-of-way require City Council approval. ACTION REQUIRED BY DRAINAGE AND FLOODING COMMITTEE Receive report, and provide staff with direction, as necessary. Approved for Drainage CommitteeAgenda Corby D. Alexander, City ManagerDate Brookglen Stormwater Detention Basin Traffic Impact Study 1 PROPOSED DEVELOPMENT PLAN This report summarizes the results of a traffic N impact study conducted for Harris County Flood Control District (HCFCD) by Transcend Engineers & Planners, LLC. (Transcend) for the proposed detention basin in Brookglen subdivision located in La Porte, TX. The subdivision is surrounded by Spencer Highway to the north, Canada Drive to the east, Fairmont Parkway to the South and Luella Boulevard to the west. The project is expected to be completed by March of 2022. Vicinity map of the area is shown in Figure 1. Proposed project is part of Harris County Flood Control District (HCFCD) mitigation effort to develop regional solutions to recurring Figure1:VicinityMap drainage/flooding problem in the area that was identified in 2009 City-wide drainage study. As part of this project, two local streets, Oakhaven Road and Gladwayne Lane between Ashwyne Lane and Brookwood Drive will be abandoned to build a detention basin. Figure 2 shows N study area location and streets to be abandoned. Residential driveways that have access to the future abandoned street will be removed as well. This traffic impact analysis aims to determine the traffic impacts on the Oakhaven Rd adjacent roadway system and the study intersections in the vicinity. Streets to be abandoned Figure2:StudyArea 1|Page Brookglen Stormwater Detention Basin Traffic Impact Study Due to the abandonment of the streets, some of the adjacent roadways will experience increase in trips. However, overall trips in the area will remain the same or slightly lower due to reduction in the number of homes within the community. Vehicles currently using these roadways will find alternate routes to reach their destination and hence rerouting of trips and evaluation of the roadways is necessary. Following are the impacts of the street elimination. 1. Intersection at Somerton Drive/Ashwyne Lane will experience increase in trips. 2. Vehicles currently travelling north along Gladwyne Lane past Brookwood Drive will have to travel south using alternative routes to access Somerton Drive to travel northbound. 3. Vehicles currently traveling south on Gladwyne Lane past Ashwyne Lane will have to travel south on Somerton Drive to access Gladwyne Lane. 4. These modifications will potentially result in a small increase of travel time for some residents in the community and residents on some streets will experience increase in traffic. 5. Trips along Ashwyne Lane will decrease. Figure3:ImpactedIntersections 2 STUDY AREA Study area is classified as Low Density Residential under City of La Porte Future Land Use map of March 2021. The study intersections evaluated as part of this study are: Somerton Dive/Ashwyne Lane Ashwyne Court/Ashwyne Lane Gladwyne Lane/Ashwyne Lane Gladwyne Lane/Brookwood Drive 2|Page Brookglen Stormwater Detention Basin Traffic Impact Study All the roadways within the study area are two lane local roads with a posted speed limit of 30 mph with stop controls. There are no signalized intersections in the study area. Total daily traffic on Somerton Drive is 1565 and Gladwyne Lane is 492 vehicles per day. Pedestrian Access: There are no sidewalks along any of the roadways within the study area. There are no pedestrian crossings at any of the study intersections. Bicycle Access: There are no bicycle lanes in the study area. On-Street Parking: On Street parking is allowed on all the roadways within the study area as they are considered local roads. Peak hour volumes and turning movement counts for the weekday AM and PM peak hours at all th study intersection were collected on Tuesday, August 25 , 2021. Weekday AM peak was observed from 7:00 to 8:00 AM and weekday PM peak was observed from 5:00 to 6:00 PM. 24- hour daily traffic counts were also collected on Somerton Drive and Gladwyne Lane on the same day. Summarized turning movement counts and daily counts are included in Appendix A. 3 ANALYSIS The impact analysis of the proposed abandonment includes safety analysis, redistribution of trips onto the street network, and analysis of peak hour operations. Each of these analysis techniques and their results are described below. The study focused on weekday AM and PM peak hour scenarios. 3.1 Safety Analysis Crash data was collected using ÐCrash Records Information System (CRIS)Ñ website hosted by the Texas Department of Transportation. Between 2018 and 2020, there are a total of 14 crashes in the vicinity of the subdivision. Out of these, 7 crashes involved hitting a parked car on the street. No crashes occurred on the streets or at the study intersections within the study area. Table 1 summarizes the crashes by first harmful event and manner of collision. Figure 4 depicts where the crashes occurred within the region. The safety analysis using CRIS data indicates that there is no significant safety issue in the study area. 3|Page Brookglen Stormwater Detention Basin Traffic Impact Study Table 1 Crashes Î First Harmful Event and Manner of Collision Type of Crash Number of Crashes PARKED CAR 7 ONEMOTORVEHICLEBACKING1 ONEMOTORVEHICLEGOINGSTRAIGHT5 ONEMOTORVEHICLEOTHER1 MOTOR VEHICLE IN TRANSPORT 5 ANGLEBOTHGOINGSTRAIGHT2 ANGLEONESTRAIGHTONEBACKING1 OPPOSITEDIRECTIONBOTHGOINGSTRAIGHT1 SAMEDIRECTIONONESTRAIGHTONESTOPPED 1 FIXED OBJECT1 ONEMOTORVEHICLEGOINGSTRAIGHT1 OTHER OBJECT 1 ONEMOTORVEHICLEGOINGSTRAIGHT1 Total Crashes 14 4|Page Brookglen Stormwater Detention Basin Traffic Impact Study 3.2 Traffic Operations Assessment An assessment of traffic operations was made for three separate traffic and land use scenarios. These scenarios allowed for comparison of the before and after impacts of the proposed project in the study area. The scenarios include: Existing Conditions Existing Conditions with Rerouting 2041 Future Year with Rerouting Traffic operational analysis at the study intersections was conducted based on the methodologies th outlined in the Highway Capacity Manual (HCM, 6 Edition), published by the Transportation Research Board (TRB). Operating conditions at an intersection are graded by the Ðlevel of serviceÑ experienced by drivers. Intersection analysis was conducted using Synchro traffic analysis software. Level of Service (LOS) describes the quality of traffic operating conditions and is rated from ÐAÑ to ÐFÑ. LOS A represents the most desirable condition with the free-flow movement of traffic with minimal delays. LOS F generally indicates severely congested conditions with Volume-to- Capacity (V/C) ratio greater than one and excessive delays to motorists. Intermediate grades of B, C, D, and E reflect incremental increases in the average delay per stopped vehicle. Delay is measured in seconds per vehicle. Table 3 shows the upper and lower limit of delay associated with each level of service for signalized and unsignalized intersections. Table 3 LOS Criteria at Intersections Level of Average Vehicle Delay (Seconds) Service Signalized Unsignalized A 10 10 B >10 to 20 >10 to 15 C >20 to 35 >15 to 25 D >35 to 55 >25 to 35 E >55 to 80 >35 to 50 F >80 >50 6|Page Brookglen Stormwater Detention Basin Traffic Impact Study 3.2.1 Existing Conditions Utilizing traffic count data, the existing intersection traffic volumes were balanced for AM and PM peak hours. Using Synchro analysis, LOS was determined during weekday AM and PM peak hours for all study intersections. Traffic delays, v/c ratio, and LOS during weekday AM and PM peak hours for Existing Conditions are summarized in Table 4. All study intersections are operating at acceptable LOS B or better. Figure 5 shows the existing lane configurations and Figure 6 shows weekday AM and PM peak hours traffic volumes along with LOS. Detailed synchro reports are included in Appendix B. Table 4 Intersection Level of Service Î Existing Conditions Two-way Stop-Controlled Intersection Weekday AM Peak Weekday PM Peak 1212 Movement LOS Delay V/C LOS Delay V/C Somerton Dive / Ashwyne Lane Eastbound B 10.0 0.01 A 9.6 0.01 Westbound A 9.0 0.06 A 8.7 0.02 Ashwyne Court / Ashwyne Lane Eastbound A 7.3 0.00 A 7.3 0.01 Southbound A 8.6 0.01 A 8.7 0.01 Gladwyne Lane / Ashwyne Lane Northbound A 7.3 0.03 A 7.3 0.01 Eastbound A 8.4 0.01 A 8.5 0.03 Gladwyne Lane / Oakhaven Road A 8.7 0.01 A 8.6 0.00 Northbound Gladwyne Land / Brookwood Drive 7.2 0.00 A 7.3 0.00 Northbound A A 8.8 0.01 A 8.7 0.00 Eastbound 2 1 LOS Î Level of Service Delay is in seconds per vehicle V/C Î Volume to Capacity Ratio 7|Page Brookglen Stormwater Detention Basin Traffic Impact Study 3.2.2 Existing Conditions with Rerouting Peak hour trips on the abandoned roadways were distributed onto the street system based on existing traffic patterns and street layout. Figure 7 shows the roadways that will be eliminated as part of this mitigation plan. Due to the abandonment of the roadways, intersection of Gladwyne Lane / Oakhaven Road will not exist. Stop signs are not necessary at the intersections of Gladwyne Lane/Ashwyne Lane and Gladwyne Land/Brookwood Drive as there is no conflicting turning movements. Therefore, LOS is not reported in redistributed conditions for the above two intersections. Existing conditions with rerouting analysis include remaining study intersections, showing a small increase in through trips. Figure 7 also shows the new lane configuration with rerouting that was used for this traffic analysis. Existing Conditions with Rerouting weekday AM and PM peak hour trips and LOS are presented in Figure 8. Traffic delays, v/c ratio, and LOS during weekday AM and PM peak hours are summarized in Table 5. Table 5 Intersection Level of Service Î Existing Conditions with Rerouting Intersection Weekday AM Peak Weekday PM Peak 1212 Movement LOS Delay V/C LOS Delay V/C Somerton Dive / Ashwyne Lane Eastbound A 9.9 0.01 A 9.4 0.01 Westbound A 9.3 0.01 A 9.3 0.01 Ashwyne Court / Ashwyne Lane Eastbound A 7.2 0.00 A 7.2 0.00 Southbound A8.4 0.01 A8.4 0.00 LOS Î Level of Service 1 Delay is in seconds per vehicle 2 V/C Î Volume to Capacity Ratio During weekday AM and PM peak hours, the two stop-controlled intersections in the study area continue to operate at LOS A, with similar levels of intersection delay. Detailed Synchro reports are included in Appendix C. Percent change in trips from the existing to the reconfigured conditions is shown in Figure 9. 10|Page Brookglen Stormwater Detention Basin Traffic Impact Study 3.2.3 2041 Future Year with Rerouting 2041 Future Year with Rerouting conditions utilizes the same lane configuration from Existing Conditions with Rerouting as shown in Figure 7 for this traffic analysis. Half a percent (0.5%) of annual growth per year is assumed to forecast future trips. Future trips during weekday AM and PM peak hours ad LOS are presented in Figure 10. Traffic delays, v/c ratio, and LOS during weekday AM and PM peak hours for 2041 Future Year with Rerouting are summarized in Table 5. Results indicate that the study intersections continue to operate reasonably with LOS A or B and do not need any operational improvements. Detailed Synchro reports are included in Appendix D. Table 5 Intersection Level of Service Î 2041 Future Conditions with Rerouting Intersection Weekday AM Peak Weekday PM Peak 1212 Movement LOS Delay V/C LOS Delay V/C Somerton Dive / Ashwyne Lane Eastbound B 10.0 0.01 A 9.6 0.00 Westbound A 9.4 0.01 A 9.4 0.00 Ashwyne Court / Ashwyne Lane Eastbound A 7.2 0.00 A 7.2 0.00 Southbound A 8.4 0.01 A 8.4 0.00 LOS Î Level of Service 1 Delay is in seconds per vehicle 2 V/C Î Volume to Capacity Ratio 14|Page Brookglen Stormwater Detention Basin Traffic Impact Study 4 CONCLUSIONS Due to low number of total trips at the intersection of Somerton Drive / Ashwyne Lane during peak hour, no changes are proposed to the stop sign control at this time. For the operational analysis, it is recommended that the stop sign at the intersection of Brookwood Drive/ Gladwyne Lane and Gladwyne Lane/ Ashwyne Lane be removed as there are no conflicting turning movements. Based on the safety and traffic analysis conducted to determine the impacts of abandoning Oakhaven Road and Gladwyne Lane on the study area it is concluded that the public roadway system in the community as well as the study intersections can accommodate rerouting of the trips without any mitigation measures. All intersections in the study area will continue to operate reasonably with LOS A or B. 16|Page 2!pg!7 4!pg!7 6!pg!7 2!pg!7 4!pg!7 6!pg!7 2!pg!7 4!pg!7 6!pg!7 2!pg!7 4!pg!7 6!pg!7 REQUEST FOR DRAINAGE& FLOODINGCOMMITEEAGENDA ITEM Appropriation Agenda Date Requested:November 8, 2021 Source of Funds:N/A Requested By:Lorenzo Wingate, Asst. Director Department:Public Works Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Budgeted Item:YesNo Exhibits: SUMMARY & RECOMMENDATION Opportunity to discuss any drainage concerns not covered by previous items. ACTION REQUIRED BY DRAINAGE AND FLOODING COMMITTEE Receive report, and provide staff with direction, as necessary. Approved for Drainage CommitteeAgenda Corby D. Alexander, City ManagerDate