HomeMy WebLinkAboutCorrespondenceGreens Prairie Investors, Ltd.
• 4490 Castlegate Drive • College Station, Teras 77845 • (979)690-7250
November 9, 2006
AlanZslsto
Sr. AEngineer
City tation
P.O.
Station, TX 77842
RE: Castlerock Subdivision, Phase I A
College Station, Texas
Dear Mr. Gibbs:
This letter is in response to your email on October 27, 2006, stating that no additional
pen -nits will be issued for construction of the Castlerock Subdivision until
acknowledgement of this project has been received in writing from the Texas Department
of Transportation (TxDOT) and the U.S. Department of Fish & Wildlife. A subsequent
email from you on October 31, 2006, stated that the City of College Station was requiring
this consent from those agencies since the City is now the Owner of the Conservation
Easement and Corps of Engineers (COE) deed restricted areas. The Warranty Deed
which conveyed the land to the City contains Exceptions to Conveyance and Warranty of
the Property. Number 17 of these Exceptions states "This conveyance is subject to the
right of upstream land owners to allow their storm water to flow across the Property to
the regional detention pond lying to the east of the Property."
Furthermore, the Castlerock Subdivision is a portion of the 735 acre "Crowley Tract,"
which also includes the Castlegate Subdivision and a portion of State Highway 40
(William D. Fitch Parkway). The land deeded to the City of College Station consists of
two components: a 38.06 acre tract serving as mitigation for the SH 40 construction, and
two tracts totaling 32.5 acres serving as mitigation for the development of the remainder
of the "Crowley Tract."
During the preparation of the Master Plan for the "Crowley Tract," the negotiations with
TxDOT on the purchase of the right-of-way for SH 40, and the permitting of the
"Crowley Tract" with all the regulatory agencies, it was detennined that an off-line
regional detention pond would be constructed on approximately 16 acres near State
Highway 6 to control storm water releases from the "Crowley Tract." This plan was
developed after it was decided that on -stream detention facilities adjacent to and within
the Conservation Easement area and the COE deed restricted areas would not be
constructed. The proposed Master Plan has been generally followed as development of
the Castlegate Subdivision, SH 40, and other projects have occurred. A key component
of this plan, of which all parties and agencies were aware, is that the stone water
detention for the "Crowley Tract" is the regional detention pond. In order to follow the
plan, the Castlerock Subdivision is allowed to discharge its storm water runoff without
on-site detention since detention is provided downstream. The construction of SH 40 and
the Castlegate Subdivision have increased the storm water runoff in the tributaries
upstream of the Conservation Easement and the COE deed restricted areas. Since this
was contemplated by the Master Plan and all the pennitting activities, no
acknowledgement or consent has ever been required by anyone. This construction has
been ongoing since 2001.
In March 2002, prior to the development of the Spring Creek Townhomes project, a
Master Preliminary Plat of 331.4 acres of the "Crowley Tract" for the area between SH 6
and SH 40, was prepared and submitted, as requested by the City. This plat was revised
several times between 2002 and 2004. This plat shows the proposed minor collector
through the Castlerock Subdivision, and it also shows a drainage easement to convey the
runoff from this minor collector to an existing drainage and then into the Conservation
Easement. The City of College Station has been aware of the drainage plan for the
Castlerock Subdivision for more than four years. Now that the Zoning, Master
Preliminary Plat for the Crowley Tract, the Preliminary Plat and Final Plat (Phase 1 A) for
the Castlerock Subdivision have been approved, requirement of the requested
acknowledgement seems unreasonable.
I hereby request that the Development Permit and the Construction Drawings for Phase
1 A of the Castlerock Subdivision be approved so that construction of the subdivision can
I await your prompt response to this letter, and please contact me at (979) 690-7250 if
you have any questions.
Sincerely,
Wallace Phillips
Manager
Greens Prairie Investors, Ltd.
cc: Carol Cotter, City of College Station, Development Services
Mark Smith, P.E., City of College Station, Director of Public Works
Bob Mosley, P.E., City of College Station, City Engineer
Joe Schultz, P.E., Civil Development, Ltd.