HomeMy WebLinkAboutGrant of Conservation Easement - Navasota Ladies Tresses~ l
I Texas Department of Transportation
1300 N. TEXAS AVE.• BRYAN, TEXAS 77803-2760 • (979) 778-2165
Mr. Glenn Brown
City Manager -City of College Station
City Hall
P. 0. Box 9960
College Station, Texas 77840
November 7, 2006
Navasota Ladies' Tresses (NL1) Conservation Easement
Brazos County
Dear Mr. Brown:
or:~n:i~
L-.-..... .. . __ J
CITY MANAGER'S OFFICE
CITY OF COLLEGE STATION
The State of Texas executed a conservation easement with Mr. Timothy]. Crowley on July 17, 2000 for a 38.064 acre
tract of land in College Station concerning an endangered native plant species. This plant species, the Navasota
Ladies' Tress, is protected under Federal regulations through the U. S. Fish and Wildlife Service. The conservation
easement placed specific restrictions on the activities permitted within the 38.064 acre tract to preserve this plant
species.
While enforcing these restrictions on non-conforming activities within the easement, our office was informed by Mr.
Crowley that owriership of the conservation easement property had been conveyed to the City of College Station.
Preliminary deed research appears to verify the transfer of ownership. Although required by the easement agreement,
the previous owner, Mr. Crowley, failed to notify the State of Texas and the U. S. Fish and Wildlife Service of the
transaction. Please see the attached copy of the easement agreement.
As the current property owner of the conservation easement, it is now the City's responsibility to ensure all
requirements of the conservation easement are met. This includes responsibility for actions by any parties permitted
to access the property. Disregard for the stipulations of the easement will result in legal action by the State of Texas
and notification to the· appropriate Federal authorities and the U.S. Fish and Wildlife Service as this may involve
violations of the Endangered Species Act. ·
Please notify my office, in writing, if our understanding of this change in ownership for the easement property is
incorrect. If you have any questions, please contact me at 979-778-9707.
Attachment
cc: Charles A. Ellison
Timothy]. Crowley
Mark Smith -City of College Station
Allison Arnold -U. S. Fish and Wildlife Service
An Equal Oppon unity Employer
Alan P. Gibbs, P.E.
Sr. Asst. City Engineer -Development
Public Works Department
City of College Station
P. 0 . Box 9960
College Station, Texas 77842
Ph: (979) 764-3570
Fx: (979) 764-3496
agibbs@cstx.gov
www.cstx.gov
I
City of College Station
PUBLIC WORKS DEPARTMENT
Transmittal
To: (/J~ From: Alan P. Gibbs ~
Finn: -Date: / J -I lf -b
Phone: -Pages: z_
Fax: CC:
Re:
D Urgent ~rReview D Please Comment D Please Reply D Please Recycle
•Items:
•Comments:
TRANSMISSION VERIFICATION REPORT
DATE, TIME FAX NO ./NAME DURATION PAGE(S) RESULT
MODE
Alan P. Gibbs, P.E.
Sr. Asst. City Engineer -Development
Public Works Depa.rtment
City of College Station
P. 0 . Box 9960
College Station, Texas 77842
Ph: (979) 764-3570
Fx: (979) 764-3496
agibbs@cstx.gov
www.cstx.gov
11/14 11: 05
9-5901041 00 :00 :23 02 OK STANDARD
ECM
TIME 11/14/2005 11 :05
NAME FAX TEL SER .# 000L5J595800
City of College Station
PUBLIC WORKS DEPARTMENT
Transmittal
To:W~ From: Alan P. Gibbs ~
Firm: ---
Phone: --Paga$: 2-
Fax:: CC:
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•Items:
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' College Station, Texas 77841 0725685
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STATE OF TEXAS
COUNTY OF BRAZOS
GRANT OF CONSERVATION EASEMENT
This Grant Conservation Easement (this "easement") is made on this /1 ~y of
-----11-'"-=--1--• 2000, by TIM:OTHY J. CROWLEY AND LYNN GOODE
CROWLEY, whose address is 1301 Mc.Kinney, Suite 3500, Houston, TX 77010
("Grantor'') and the ST A TE OF TEXAS, acting herein by and through the Texas
Department of Transportation, whose address is 118 East Riverside, Austin Texas 78704
("Grantee").
RECITALS:
A. Grantor is the owner of certain real property containing approximately 15.404
hectares (38.064 acres) (the "Property") in Brazos County, Texas, more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference for all
purposes as if set out at length,
B, The Property is in a substantially undisturbed, natural, open-space condition and
exhibits ecological features (specifically, the existence of the Spiranthes parksti or
Navasota Ladies ' -tresses, which was placed on the list of Federal endangered species on
May 6, 1982) of great importance to Grantor, Grantee, the people of Brazos County, the
people of the region and the people of the State of Texas. In particular, the Property is a
natural area which contains one or mqre elements of value, which are more particularly
described in Exhibit B, attached hereto and made a pan hereof, and has substantial value
as a natural, ecological and scientific resource.
C. Chapter 183 of the Texas Natural Resources Code pennits. the creation of
conservation easements for the purpose of, inter alia, retaining or protecting the natural,
scenic, or open~space values of real property.
D. Grantor and Grantee recognize the natural, scenic, aesthetic, and special character of
the Property, and have the common purpose of the conservation and protection of the
Property as a relatively natural habitat of plants , particularly the Spiranrhes park.rii or
Navasota Ladies' -tresses. Granter has agreed to place voluntary restrictions upon the use
of the Property and provide for the transfer from Granter to Grantee of affirmative rights
for the protection of the Property.
· E. The conservation values (the "Values") of the Property, its current use and scate of
improvement, are described in Exhibit "B" attached hereto and incorporated herein by
reference for all purposes as if set out at length . A Biological Assessment dated
September 17, 1999 is attached to Exhibit "B" and identified as "Attachment l" and has
been prepared by Grantee for the U. S. Fish and Wildlife Service for compliance with
Section 7 of the Endangered Species Act. Attachment 1 describes the specific
conservation values of the property to which this easement pertains.
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F. Grantor desires that the Values of the Property be preserved and maintained by the
continuation of land use patterns on the Property thal will not significantly impair or
interfere with those Values.
G. Grantor, as the owner of the fee in the Property, has certain rights and the desire to
identify and preserve the Values of the Property.
H. Grantor desires to transfer certain of those rights to Grantee in perpetuity.
I. Grantee agrees to honor and defend the intentions of Grantor and to preserve and
protect in perpetuity the Values of the Property for the benefit of the present generation
and generations to come.
J. The State of Texas has authorized the creation of Conservation Easements pursuant to
Chapter 183 of the Texas Natural Resources Code and Granter and Grantee wish to avail
themselves of the provisions of that law.
Conveyance
1. Pursuant to Tex.as Natural Resource Code Section 183.001 et seq., Granter GRANTS,
SELLS AND CONVEYS to Grantee a nonexclusive easement over, upon and across the
Property for the purpose set forth below, together with all and singular the rights and
appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's
heirs, successors, and assigns forever. Subject to visible and apparent easements not
appearing of record; any discrepancies, conflicts, or shortages in area or boundary lines or
any encroachments or any overlapping of improvements which a current survey would
show; easements, restrictions, reservations, covenants, conditions, oil and gas leases,
mineral severances, and encumbrances for taxes and assessments, (other than liens and
conveyances) presently of record in the Official Public Records ofBrazos County, Texas,
that affect the property, but only to the extent that said items are still valid and in .force
and effect at this time. Granter binds Grantor and Grantor's heirs and successors to
warrant and forever defend all and singular the easement to Grantee and Grantee's heirs,
successors, and assigns, against every person whomsoever lawfully claiming or to claim
the same or any part thereof, by through and under Grantor, but not otherwise.
Purpose of Easement
2. The purpose of this conservation easement is to preserve the Values of the Property
set out above and to ensure that the Property will be maintained in a condition calculated
to preserve the Values of the Property. Grantor promises that Grantor will not knowingly
or intentionally perform, nor knowingly allow others to perform, any act on or affecting
the Property that is inconsistent with this purpose, unless otherwise allowed by the terms
of this easement. However, unless otherwise specified below, nothing in this easement
shall require the Grantor to take any action to restore the condition of the Property after
any act of God, causes beyond Grantor's control or acts of third parties unless such acts
were committed at the request of the Granter or Grantor knowingly or intentionally
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allowed such panies to commit such acts . Grantor understands that nothing in this
easement relieves him of any obligation or restriction on the use of the Property imposed
by law.
Rights Included in Easement
l. To carry out this purpose, Grantor conveys to Grantee, subject to the Retained Rights
(defined below), the following rights under this easement:
a) To identify, preserve, protect, and, in consultation with Granter, enhance the
natural , scenic, open-space, and ecological features of the Property, including, wirhout
limitation, topography, soil~ water, vegetation, and wildlife.
b) To enter upon the Property to enforce the rights granted by this easement and for
the purposes of (i) scientific observations and educational study, which shall include
the right to perform activities, at the sole expense of the Grantee, designated to restore
and enhance the biological features of the Property; (ii) inspecting the Property to
determine compliance herewith; (iii) conducting the management rights set out in
paragraph 4. below; and (iv) providing habitat maintenance for the Property, with all
of such rights to be exercised in a manner that will not interfere with Grantor's use
and quiet enjoyment of the Property.
c) To enjoin any activity on or use of the Property that is inconsistent with the
purpose of, and not otherwise allowed by this easement and to enforce, in accordance
with the terms of this easement, the restoration of such areas or features of the
Property that may be damaged by any inconsistent activity or use and not otherwise
permitted.
d) The Grantee shall also have the right to enforce by proceedings at law or in equity
the covenants hereinafter set forth, including but not limited to, the right to require the
restoration of the Property to its condition at the time of this gram. Grantee or its
successors or assigns, does not waive or forfeit the right to take action as may be
necessary to insure compliance with the covenants and purposes of this grant by any
prior failure to act. Nothing herein shall be construed to entitle Grantee to institute
any proceedings against Grantor for any changes to the Property due to any act of
God, causes beyond Grantor's control or acts of third parties unless such acts were
committed at the request of the Granter or Granter knowingly or intentionally allowed
such parties to commit such acts.
e) Grantee's right to access shall include access to groups under Grantee's control for
educational, aesthetic, or scientific purposes, as well as public access to those portions
of the Property that are specifically designed and/or posted as open to the public for
recreational uses, as more specifically detailed in Exhibit C.
f) Those additional rights set out in Exhibit "C" attached hereto and incorporated
herein by reference.
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Use of Property
4. The use of the Property will be limited to such activities and ecological study, that are
consistent with the purpose of this easement. Those uses and practices set out in Exhibit
"D" attached hereto and incorporated herein by reference, although not exhaustive, are
consistent with the purpose of this easement. Those .uses and practices set out in Exhibit
"E" attached hereto and incorporated herein by reference, although not exhaustive, are
inconsistent with the purpose of this easement.
Additional Rights Retained by Grantor.
5. Granter retains the following additional rights ("Retained Rights"):
a) Existing Uses. The right to undertake or continue any activity or use of the
Property not prohibited by or inconsistent with this easement. If a use is not a1lowed
by this easement, prior to making any change in use of the Property, Grantor shall
notify Grantee in writing to allow Grantee a reasonable opportunity to determine
whether such change would violate the terms of this easement.
b) Tran sf er. The right to sell, give, mortgage, lease, or otherwise convey the
Property, provided such conveyance is subject to the terms of this easement and
written notice is provided to Grantee in accordance with paragraph 10. below.
c) Discretionary Consent. The Grantee's consent for activities otherWise prohibited
above, or for any activities requiring Grantee's consent above, may be given under the
following circumstances. If, owing to unforeseen or changed circumstances, any of
the activities prohibited above are deemed desirable by both the Granter and the
Grantee, the Grantee may, with U. S. Fish and Wildlife Service concurrence, give
pennission for such activities, subject to the limitations herein. Such requests for
pennission, and pennission for activities requiring the Grantee's consent, shall be in
writing and shall describe the proposed activity in sufficient detail to allow the
Grantee to judge the consistency of the proposed activity with the purpose of this
easement. The Grantee may give its penn.ission only if it detennines, with U. S. Fish
and Wildlife Service concurrence, that such activities (1) do not violate the purpose of
this easement and (2) either enhance or do not impair any significant conservation
interests associated with the Property. Any consent shall be given in writing.
d) Utility Crossing and Storm Water Detention. In addition to and not to the
exclusion of those rights set forth in Exhibit "D", the unrestricted right, in the areas
described more particularly by metes and bounds in Exhibit "F", which is attached
hereto and incorporate<l by reference herein, to trench, dig, place permanent structures
and, if necessary to destroy the surface, for the purpose of (i) locating underground
and aboveground utilities necessary for the development of adjacent land; and (ii)
creating stonn water detention OJJeas incidental to the development of adjacent land
for the purpose of preventing erosion and maintaining the native character and
configuration of the natural water channel (the "Utility Crossing and Storm Water
Detention"). In addition co the. Utility Crossing, Grantor shall be entitled to utilize
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twenty (20) feet on either side of the Utility Crossing as a temporary easement for the
installation, repair and maintenance of the utilities placed in the Utility Crossing . The
Grantor shall re-vegetate any ground disturbed by any of the activities described
above according to the requirements of Exhibit "D" paragraph 2 and Exhibit "E"
paragraph 1.
e) Reservation of Rights . All rights accruing from his ownership of the Property,
including, but not limited to, the right to engage in or permit or invite others to engage
in, all uses of the Property that are not expressly prohibited in this easement and are
consistent with the purpose of this easement.
No Public Dedication or Trespass
6. This easement is not intended as a dedication of the Property to the public and it does
not authorize, and shall not be construed to authorize, any member of the public to
trespass or use any portion of the Property, unless such use is specifically provided for in
Exhibit "D" of this easement or granted subsequent to the date of this easement by the
affinnative action of Grantor,
Responsibilities of Grantor and Grantee Not Affected.
7. Other than as specified herein, this easement is not intended to impose any legal or
other responsibility on the Grantor, or in any way to affect any existing obligation of the
Grantor as owner of the Property. Among other things, this shall apply to:
a) Taxes -Each party shall be responsible for the payment of all ad valorem taxes
and assessments levied against such parties interest in the Property.
b) Upkeep and maintenance -Except for maintenance and other actions required to .
preserve the Values of the Property, Grantor shall be responsible for the upkeep and
maintenance of the Property, to the extent it may be required by law. Other than
maintenance and other actions required by this easement and to preserve the Values of
the Property, which are more particularly described in Exhibit B, the Grantee shall
have no obligation for the upkeep or maintenance of the Property.
Enforcement.
8. The Grantee shall have the right to prevent and correct violations of the provisions of
this easement. As set forth in paragraph 3 (b) above, the Grantee may enter the Property
for the purpose of inspecting for violations of the provisions of this easement. If the
Grantee reasonably believes that Grantor is in violation of the provisions of this
easement, it may, in its discretion and after providing Gra.ntor notice and an opportunity
ro cure, take appropriate legal action. Except when an ongoing or imminent violation
could substantially diminish or impair the Values of the Property, the Grantee shall give
the Grantor written notice of the violation and sixty (60) days to correct it (or to begin
good faith efforts to correct in the event the vio lation is something which cannot be
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reasonably corrected in sixty days), before filing any legal action . Grantee shall in any
case provide notice to Grantor prior to taking any legal action. If a court with jurisdiction
determines that a violation may exist or has occurred, the Grantee may obtain an
injunction to stop it, temporarily or pennanently. A court, upon a finding that Granter
knowingly and intentionally violated the provisions of this easement, may issue an
injunction requiring the Grantor to restore the Property to its conclition prior to the
violation. The failure of the Grantee to discover a violation or to take immediate legal
action shall not bar it from doing so at a later time .
If the Grantee discovers violations of the provisions of this easement caused by (i) acts of
God, (ii) circumstances beyond the reasonable control of the Granter, or (iii) the acts of
third parties unless such acts were committed at the request of the Grantor or Grantor
knowingly or intentio~ally allowed such parties to commit such acts, Granter and Grantee
shall cooperate in good faith to restore the Property to a condition consistent with the
purpose of this easement. Nothing in this paragraph may be con5trued to require Grantor
to spend money to restore the habitat. It is the intent of the parties that Granter and
Grantee wm cooperate to find the resources, from public anc private conservation
entities, necessary to restore the habitat.
Transfer of Easement.
9. The Grantee shall have the right, with U.S. Fish and Wildlife Service concurrence, to
transfer or 11.Ssign this easement to any private nonprofit organization or other state,
municipal , or federal agency that (i) is approved in writing by the Grantor prior to such
transfer, such approvll:1 not to be unreasonably withheld, and (ii) expressly agrees to
assume the responsibi,Iity imposed on the Grantee by this easement. If the Grantee ever
ceases to exist or no .longer qualifies under applicable state law, a .court with jurisdiction
shall transfer this easement to another organization having similar purposes that agrees to
assume the responsibility. ·
Transfer of Property.
10. Any time the Property, or any interest therein, is transferred by th~ Granter to any
third party, the Granter shall notify the Grantee in writing prior to the transfer of the
Property, and the document of conveyance shall be made subject to and shall expressly
refer to this easement.
Amendment of Easement
11. This easement may only be amended. with the written consent of Grantor and Grantee
and with U. S. Fish and Wildlife Service concurrence. Any amendment must be
consistent with Chapter 183 of the Texas Natural Resources Code and any regulations
promulgated pursuant to that law.
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Termination Of Easement.
12. If it is determined that conditions on or surrounding the Property have changed so
much that it is impossible or unnecessary to fulfill the conservation purposes set forth
above, a court with jurisdiction may, at the joint request of the Grantor and Grantee and
with the concurrence of the U. S. Fish and Wildlife Service, terminate this easement.
Interpretation.
13. This easement shall be construed, governed and enforced pursuant to the laws of the
state of Texas, resolving any ambiguities and questions of the validity of specific
provisions so as to give maximum effect to its conservation purposes, The obligations of
this easement are performable in Brazos County, Texas.
Perpetual Duration.
14, This easement is a servitude running with the Property in perpetuity. In order to
assure the perpetual enforceability of this easement, the Grantee is authorized to record
this instrument. Every provision of this easement that applies .to the Granter or Grantee
shall also apply to their respective agents, heirs, executors, administrators, assigns, and all
other successors as their interest may appear.
Notices.
15. Any notices required by this easement shall be in writing and shall be personally
delivered or sent by first class mail, to Grantor and Grantee, respectively, at the following
addresses, unless a. party has been notified by the other of a change of address.
To Grantor; To the Grantee:
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Environmental Condition.
16. The Grantor warrants that, to the best of his actual knowledge and belief, without
independent inquiry or investigation, there has not been a release or threatened release of
hazardous substances or wastes on the Property.
Acceptance & Effective Date.
17. As attested by the signature of its authorized representative affixed hereto, the
Grantee hereby accepts without reservation the rights and responsibilities imposed on it
by this easement. This easement is to be effective the date recorded in rhe Official
Records of Brazos County, Texas.
Miscellaneous.
18. Attorney's Fees. If either party retains an attorney to enforce the terms of this
instrument, the prevailing party is entitled to recover reasonable attorney's fees.
19. Counterparts. This Agreement may be executed in any number of counterparts with
the same effect as if all signatory parties had signed the same document. All counterparts
are to be construed together and will constitute one and the same instrument, and the
signature pages of each document may be attached to one instrument for convenience or
for recording.
20. Effect of Waiver or Consent. . No waiver or consent, express or implied, by any party
to or of any breach or default by any party in the perfonnance by such party of Hs
obligations hereunder wUl be deemed or construed to be a consent or waiver to or of any
other breach or default in the performance by such party of the same or any other
obligations of such party hereunder. Such requests for pennission for activities requiring
waiver or consent shall be in writing . Failure on the part of a party to complain of ap.y act
of any party or to declare any party in default, irrespective of how long such failure
continues, will not constitute a waiver by such party of its rights hereunder until the
applicable statute of limitation period ha.S run.
21. Further Assurances. In connection with this easement as well as all transactions
contemplated by this easement, each signatory party hereto agrees to execute and deliver
such additional documents and insuuments and to perf onn such additional acts as may be
necessary or appropriate to effectuate, carry out and perform all of the terms, provisions
and conditions of this easement and all such transactions.
22. Integration. This Agreement contains the complete agreement between the parties
and cannot be varied except by the written agreement of the parties. The parties agree
that there are no oral agreements , understandings , representations or warranties which are
not expressly set forth herein.
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23 . Legal Construction. If one or more of the provisions of this easement are invalid,
i11egal or unenforceable in any respect, to the extent the invalidity or unenforceability
does not destroy the basis of the bargain among the parties, it will not affect any other
provision and this easement will be construed as if such invalid, illegal or unenforceable
provision had never existed. When required by the context, singular nouns and pronouns
include the plural and the neuter includes lhe masculine or feminine gender. The Article
and Section headings are for convenience of reference only and are not intended to limit
or define the text. This easement is not to be construed more or less favorably between
the parties by reason of authorship or origin of language.
24. Recitals. Any recitals in this Agreement are represented by the parties hereto to be
accurate, and constitute a part: of the substantive agreement.
25. Time. Time is of the essence. Unless otherwise specified, all references to "days"
mean and refer to calendar days. Business days exclude all Saturdays, Sundays, and
Texas legal banking holidays. In the event the date for per:fonnance of any obligation
falls on a Saturday, Sunday, or Texas legal banking holiday, that obligation will be
performable on the next following business day.
26. Tennination of Rights and Obligations. A party's rights and obligations under this
easement terminate upon the transfer of the party's interest in the easement or the
Property, except that liability for acts or omissions occurring prior to transfer shall
· survive transfer.
27. Estoppel Certificates. Upon request by Grantor, Grantee shall within 90 days execute
and deliver to Grantor, or to any party designated by Granter,· any document which
evidences the status of this easement, including without limitation, an estoppel certificate,
which certifies, to the best of Grantee's knowledge, Granter's compliance with all
obligations of Granter contained in this easement.
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IN WITNESS WHEREOF, the Grantor and Grantee, intending to legally bind
themselves , have set their hands and seals on the date first written above.
GRANTO RS :
GRANTEE:
THE TEXAS DEPARTMENT OF TRANSPO
rector
Right of Way Division
STATE OF TEXAS §
COUNTYOF ~~ §
This instrument was acknowledged before me on ~ I~. 20610, by
TIMOTHY J. CROWLEY AND LYNN GOODE CROWLE .
STA TE OF TEXAS
COUNTY OP TRAVIS
§
§
~a.,,c?.~~
Notary Public, Seate of Texas
My commission expires s-3 -o.3
This instrument was acknowledged before me on {2u_q~J()2000, by John P.
Campbell, P.E., as Director of the Right of Way Divisi';f; of the Texas Department of
Transportation.
~
~';,~.~·~t~\ BARBARA J. LINZEY , §~:·....},..;.·~~ NOTARY PUBLIC ~;:._~ .. :~? STATE OF TEXAS "<-,"Jfiij'...,~~ MY COMM, ExP. 09-Ql-2003 1
.,,,,,111\\\\\: --
:t>a-UJ~i,. ~~
Notary Public, State of Texas
My commission expires. _____ _
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PAGE 1 8 OF ___ PAGES
County:
CSJ No.:
Brazos
0540-08-001
SH40 Highway No.:
Parcel No.: 9E
Grantor: Timothy J, Crowley
Being 15. 404 hectares (38. 064 acres) of land out of the Robert Stevenson Survey, Abstract No.
54, Brazos County, Texas; said 15.404 hectares (38.064 acres) of land being out of a certain
297.429 hectare (734.96 acre) tract of land described in a deed from Robert B. Waltman. et ux,
to Timothy J. Crowley dated January 24, 1992, recorded in Volume 1415, Page 74, Official
Records of Brazos County (0.R.B.C.); said 15.404 hectares (38.064 acres) of land described
by metes and bounds as follows:
C01\1MENCING at the most westerly corner of Lot 2, Block One, South Park Estates Phase
One, recorded in Volume 795, Page 259, O.R.B.C., said point also being an interior comer of
said Crowley tract, from which a found 13mm iron rod bears North 18 degrees East, 0.318
meters (1.04 feet); ·
South 63 degrees 03 minutes 31 seconds East, along the southwest line of said Lot 2, a
distance of 42.335 meters (138.90 feet) to a 16 mm iron rod with aluminum cap set in
the proposed northerly right of way line of SH 40 (proposed baseline 6 +534.775, 34.033
meters left);
South 46 degrees 53 minutes 34 seconds West, along the proposed northerly right of way
line of said SH 40, a distance of 261.775 meters (8~8.84 feet) to a concrete monument
set for an angle point (proposed baseline 6+273.530, 50.680 meters left);
South 48 degrees 41 minutes 54 seconds West, continuing along the proposed northerly
right of way line of said SH 40, a distance of 297.027 meters (974.50 feet) to a concrete
monument set for an angle point (proposed baseline 5 +969.330, 74.120 meters left);
South 51 degrees 36 minutes 26 seconds West, continuing along the proposed northerly
right of way line of said SH 40, a distance of 73.235 meters (240.27 feet) to a concrete
monument set for an angle point (proposed baseline 5+888.950, 73.020 meters left);
South 56 degrees 33 minutes 00 seconds West, continuing along the proposed northerly
right of way line of said SH 40, a distance of 72.313 meters (237.25. feet) to a concrete
monument set for an angle point (proposed baseline 5+809.750, 71.220 meters left);
South 61 degrees 44 minutes 46 seconds West, continuing along the proposed northerly
right of way line of said SH 40, a distance of 12.303 meters (40.36 feet) to a 16 mm
iron rod with aluminum cap (proposed baseline 5 +796.290, 71.343 meters left) set for
the most southeasterly comer and POINT OF BEGINNING of the herein described
tract;
9
0
0
1
1
4
' .
_JUL-17-2000 14:07 CROWLEY DOUGLAS LLP 713 651 1775 P.34
1.)
2.)
3.)
EXHIBIT "A" 0725685
PAGE 2 OF 8 PAGES
THENCE South 61 degrees 44 minutes 46 seconds West, continuing along the proposed
northerly right of way line of said SH 40, a distance of 61. 127 meters (200.55 feet) to
a concrete monument set for an angle point (proposed baseline 5+729.550, 69.000
meters left);
TIIENCE South 82 degrees 35 minutes 16 seconds West, continuing along the proposed
northerly right of way line of said SH 40, a distance of 31.679 meters (103.93 feet) to
a concrete monument set for an angle point (proposed baseline 5+696.020, 77.300
meters left);
THENCE South 70 degrees 12 minutes 34 seconds West, continuing along the proposed
northerly right of way line of said SH 40, a distance of 78.225 meters (256.64 feet) to
a concrete monument set for an angle point (propo~ baseline 5+609.850, 75.490
meters left);
4.) THENCE South 56 degrees 47 minutes 54 seconds West, continuing along the proposed
northerly right of way line of said SH 40, a distance of 38.275 meters (125.57 feet) to
a concrete monument set for an angle point (proposed baseline 5 +570.380, 62.980
meters left);
5.) THENCE South 77 degrees 03 minutes 53 seconds West, continuing along the proposed
northerly right of way line of said SH 40, a distance of 8.289 meters (27.20 feet) to a
16 mm iron rod with aluminum cap (proposed baseline 5+561.410, 62 .911 meters left)
set for the most southwesterly corner of the herein described tract;
6.) THENCE North 12 degrees 01 minutes 13. seconds West, a distance of 20.261 meters
(66.47 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
7.) THENCE North 28 degrees 20 minutes 55 seconds East, a distance of 19.215 meters
(63.04 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
8.) TIIENCE North 59 degrees 45 miriutes 32 seconds F.ast, a distance of 60.868 meters
(199.70 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
9.) TIIENCE North 23 degrees 58 minutes 30 seconds West, a distance of 80.796 meters
(265.08 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
10.). '!HENCE North 03 degrees 07 minutes 07 seconds West, a distance of 72.227 meters
(236.97 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
11.) THENCE North 08 degrees 07 minutes 16 seconds West, a distance of 95.992 meters
(314.93 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
12.) THENCE North 06 degrees 38 minutes 54 s.econds West, a distance of 42.958 meters
(140.94 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
0
3
9
2
6
0
0
1
1
5
'.
13.)
. 14.)
71 12,io/2568~ CROWLEY DOUGLAS LLP
EXHIBrr "A"
PAGE 3 OF. 8 PAGES
TiiENCE North 70 degrees 32 minutes 45 seconds West, a distance of 192.041 meters
(630.06 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
THENCE South 80 degrees 40 minutes 35 seconds West, a distance of 78.101 meters
(256.24 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
· 15.) THENCE Nonh 30 degrees 23 minutes 07 seconds West, a distance of 106.053 meters
(347.94 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
16.) THENCE North 45 degrees 48 minutes 13 seconds East, a distance of 144. 117 meters
(472. 82 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
17.) THENCE South 61 degrees 15 minutes 05 seconds East, a distance of 107.645 meters
(353.17 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
18.) THENCE South 73 degrees 20 minutes 42 seconds East, a distance .of 18.383 meters
(60.31 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
19.) TIIENCE North 43 degrees 29 minutes 17 seconds East, a distance of 127.982 meters
(419.89 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
20.) THENCE North 76 degrees 14 minutes 38 seconds East, a distance of 63.399 meters
(208.00 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
21.) THENCE North 21 degrees 42 minutes 54 seconds East, a distance of 47.834 meters
(156.94 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
22.) THENCE North 30 degrees 24 minutes 20 seconds East, a distance of 69.075 meters
(226.62 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
23.) THENCE North 40 degrees 26 minutes 58 seeonds East, a distance of 36.388 meters
(119.38 feet) to a 16 mm iron rod with aluminum cap set for the beginning of a rion-
tangent curve to the right whose center bears South 45 degrees 49 minutes 17 seconds
East; .
24.) THENCE along said curve to the right with a radius of 7.621 meters (25.00 feet), an arc
distance of 11.971 meters (39.28 feet), a central angle of 90 degrees 00 minutes 00
seconds, and a chord which bears North 89 degrees 10 minutes 43 seconds East, a chord
distance of 10.778 meters (35.36 feet) to a 16 mm iron rod with aluminum cap set for
the end of said curve;
25.) TIIENCE South 45 degrees 49 minutes 17 seconds East, a distance of 198.775 meters
(652. 15 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
26.) TIIENCE South 37 degrees 38 minutes 29 seconds West, a distance of 136. 620 meters
(448.23 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
0
3 g
2
E,·
0
0
1
1
6
JUL-17-2000 14:09 CROU.JLEY DOUGLAS LLP 713 651 1775 P.3b . .
EXHIBIT 11 A11 0725685
PAGE 4 OF: 8 PAGF.S
27.) TIIENCE North 52 degrees 11 minutes 42 seconds West, a distance of 73.812 meters
(242.17 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
28.)
29.)
30.)
31.)
THENCE South 47 degrees 44 minutes 27 seconds West, a distance of 56, 336 meters
(184.83 feet) t~ a 16 mm iron rod with aluminum cap set for an angle point;
THENCE South 04 degrees 05 minutes 26 seconds West, a distance of 51.855 meters
(170 . 13 feet) to a 16 mm iron rod with aluminu~ cap set for an angle point;
TIIENCE South 62 degrees 14 minutes 17 seconds Bast, a distance of 22.457 meters
(73.68 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
IBENCE South 17 degrees 39 minutes 10 seconds East, a distance of 94.445 meters
(309.86 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
32.) THENCE South 11 degrees 26 minutes 20 seconds West, a distance of 25.139 meters
(82.48 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
33.) THENCE South 01 degrees 42 minutes 04 seconds West, a distance of 101.267 meters
(332.24 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
34.) THENCE South 06 degrees 17 minutes 07 seconds West, a distance of 101.723 meters
(333.74 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
35.) IBENCE South 43 degrees 16 minutes 43 seconds East, a distance of 104.673 meters
(343.42 feet) to the POINT OF BEGINNING containing 15.404 hectares (38.064 acres)
of land .
l.) A plat of even date herewith accompanies this legal description,
2.) English units are provided for information only.
Jl aJf a6h&
Leo M. Delatorre, RPJ;.S No. 5113
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I : I I I 'ROBERT STEVENSON SURVEY I I I ABSTRACT N0.54
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11: J
TlldOTHY J. CROWLEY
297.429 ha (7J.f.96 A.CJ
VOL 1415, PG. J.4
JAN. 24, 1992
O.R.B.C.
P.O.C.
(XISTING R.0 .W. PER
VOL. 1153, PC. IJ7, O.R.B.C.
F'NO. lJ mm IR BEARS
N 1a· E. O.JIB m (1.04")
STA. 6•273.530
50.680m tT. I; I I l 1
~ SEM()IO\.[ P'.l>[IJ/J( (VOL. !022, PG.1107. 8.C.O.R.J
S 6J"03'31"' E
S 48• 41'54" VI
297.027m
I S 4 s· 53'J4" W 26 42.JJS m 11JB.90'l
' l.775m !858.84')
PROPOSED R.O.V/
OV(RHEIO ELEC. -
BEARING ORIE.NTATION IS BASED ON THE 'TEXAS
COOROINATE SYSTEIA. CENTR~ ZONE <NAO 831,
/
ROBERT STCVE~SON SURVEY ~·
~BSlRACT N0.54 ~-S-
• 6'
P .O.C.
PJ.RCEL NO. 9£
P.O.B.
PARCEL NO. 9£
PARCEL NO. 9E
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NOTES!
1. A LEGAL DESCRIPTION OF EVEN SURVEY
OATE HEREWITH ACCOMPANIES THIS PLAT.
LEGE.ND
e SET 16 mm l.R. WllH ALUM. CAP
@ EXISTING PROPERTY CORN(R
a SE.I CONCRETE: MONUMENT VII BRASS DIS](
PARCEL PLAT
SHOWING PROPER Ty OF
TIMOTHY J. CROWLEY
~ THROUGH TXOOT SATTEUTE STATION NO. S02I0307 re TO TH£ COLLEGE STATION WATER TOWER <BEARS BRAZOS COUNlY
N 4-5' 38'22"' WI. METRIC OJSlANCES MAY BE LEO M. OE.LATORRE rt-" CONVERTED TO ENGLISH BY DIVIDING A FACTOR REC. PROF. LAND SURV(YOR NO. SllJ CSJ 05~0-0B ·OOI
S.H. 40
.,... or o.3048006. ~·L.~~~~~~~~~~~~~~~~~~~-D_A_T_E_o_F~S-uR_v_E_Y_=_M_>R._c_H~·-19~9~B~~~~~~~~P~/\~R~C~EJl~~~E'----.J,.;L~A~.D~T~E~CH~I.c~ol~N~SUL!L.:T~AN-T_s_._'N_C._2.~:f..:..~~~~~~liCH~._l_99_JB . , OF' 4 SCAL , I: 0 0
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!J(AqlNG ORiENT_ATION IS BA.SEO ON rHE TEXAS
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THROUGH TXDOT SATlEUTE STATION NO. 50210307
!2 STA. 5•009.750
71.220m LT.
TIMOTHY J. CROWLEY
297.429 ho <734.96 AC.)
VOL. 1415, PG. 74
JAN. 24. 1992
O.R.8.C.
STA. 5•886.950
7:l.020m LT. STA. 5•969.330
74-.120m LT.
·PROPosm R.o.w.
s '48· 41'54" w
297.027m., (97f.50') s 51' J5'26" w. ~
73.2J5m (240.27'> ...;
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C1'11\.[
~ TO THE COLLEGE STATION WATER JOWER !BEARS
Q N 45• :58'22" WI. METRIC DISTANCES MAY BE LEO M. DELATORRE
ROBERT STEVENSON SU~V[Y J
ABSTRACT ~-S-
. 6'
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PARCEL NO. 9[
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LINE TABLE
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s 82"35'16" w
S T0' 12 H W
·s 56"47'54" w s 77'·03'53" w
N 12'01'13 W
N ze·zo·ss" £
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NOTES:
12.Jo3m
61.127m
31.679m
1e.22 m
36.275m 1175. 7'
8.289m 127-20'}
20.261m (66.47" I
19.215m 163.04' 1
0. 868m f I . 7 ' I
t SEE NOTES SH€£l I OF 4.
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0 EXISTING PROPERTY CORNEA
• SU CONCRf!( UONIAIENT WI BRASS DISK
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PARCEL PLAT
SHOWING PROPERTY Of"
TIMOTHY J. CROWLEY
BRAZOS COUNTY
7 CONVERTED TO ENGLISH BY DIVIDING A FACTOR REG. PROF. LMD SURVEYOR NO. 5113 r--or o.:lo4aoos. .... . -DATE OF SURVEY: MAACH, 1998 PARCEL 9E "'ARC.Y, t
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if!:"a TIMOTHY J. CROW!.(Y
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JAN. 24. 1992
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s 51• 15'05 .. E
\ fi7.6'45m US.l.17'1
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N 76" l~'JB" £
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N 4.l" 29'17" E
127.9~~~~--
PROPOSED
CONSERVATION EASEMENT
15.404 ha <J8.064 AC.l
9
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N 21"42"5~" E. O .B34m ClS&.9 ")1
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---__..-------:;-
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ROBERT STEVENSON SURVEY
ABSTRACT NO. 54
R • 7.621m <25-00')
L • 1l.97lm <39.28'1
6 • 90" 00'00"
CH· N 89" 10''43"' E,
10.778m 135_36'!
TIMOTHY J . CROWLEY
297.-429 ha (7J4.96 AC.J
VOL. 14)5. PG. 74
JAN. 24-, 1992
0.R.8 .C.
ROBERT STEVENSO~ SURVEY
ABSTRACr
P.ARCEL NO. 9E
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S 47" H'27" W
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I I RlCHT Of VIAY EASEMENT I VOL. 215. PC. 569. 9.C.D.R.
COORDINATE SYSTEM, CENTRAL ZONE <NAO 8JJ, ry
PARCEL PLAT
SHOWING PROPERTY OF
TIMOTHY J. CROWLEY BEARING ORIENrATION IS BASED ON THE TEXAS ~
THROUCH TXOOT SATTEUTE STATION N0."S02IOJ07 ~ :;g TO THE COLLEGE STATION WATER lOWER !BE:ARS S.H. 40 BRAZOS COUfHY re N 45• 38'22" WJ. Me:TRIC DIST ANCE.S MAY BE LEO M. DELATORRE CSJ 0540·08·001
I CONVERTED TO ENGLISH SY DIVIDING A fACTOR REC. PROF. LAND SURVEYOR NO. 5.llJ s:.-Of O.J04B006. DATE OF SURVEY: MARCH. 1998 p AR c EL 9 E LMOTECH CO.''ISUL T A>ITS. INC. J,IA,qQi, 1998
I Hf.El 4 Of 4 SC ('I' 000 ~-L-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~......:....,;..;_;_-=-..:=-.::=--~-=-~--'~NO'lc::--'""-'-"~.-'--'-"~'--~~-="-""-"-'-..>.="-=..~-'
NOTTO SCALE
Greens Prairie Investors, Ltd.
• 4490 Castlegate Drive • College Station, Texas 77845 • (979)690-7250 •
November 9, 2006
Alan Gibbs, P.E.
Sr. Assistant City Engineer
City of College Station
P.O. Box 9960
College Station, TX 77842
RE: Castlerock Subdivision, Phase lA
College Station, Texas
Dear Mr. Gibbs:
This letter is in response to your email on October 27, 2006, stating that no additional
permits will be issued for construction of the Castlerock Subdivision unti l
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 th e pennitting of the
"Crowley Tract" with all the regulatory agencies, it was detern1ined that an off-line
regional detention pond would be constructed on approximately 16 acres near State
Highway 6 to control st01m water releases from th e "Crowl ey Tract." This plan was
developed aft er it was decided that on-stream detention faciliti es adj acent to and within
the Con servation Easement area and the COE deed restri cted areas would not be
constructed. The proposed Master Pl an has been generally fo llowed as development of
the Castlegate Subdivision, SH 40, and oth er proj ects have occmTed. A key component
of this plan, of which all parties and agencies were aware, is that the storm 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 stonn 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 permitting 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 lA) 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
lA of the Castlerock Subdivision be approved so that construction of the subdivision can
commence.
I await your prompt response to this letter, and please contact me at (979) 690-7250 if
you have any questions.
Sincerely,
,J~~ryt·
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 Coll ege Station, City Engin eer
Joe Schultz, P.E., Civil Development, Ltd.
From:
To:
Date:
Subject:
Joe,
Alan Gibbs
Schultz, Joe
10/31/2006 10:05:43 AM
RE: Castlerock
As owner of the property, the City is requiring consent from these managing agencies.
Alan Gibbs, P.E.
City of College Station
Sr. Asst. City Engineer, Public Works
>» "Joe Schultz" <Joe@CDLBCS.com> 10/31/2006 8:03 AM >»
Alan,
Do you know which specific section of the Conservation Easement requires
the development of the Castlerock property to ask for the TXDOT and
USF&WS acknowlegment?
Thanks
Joe
-----Original Message-----
From: Alan Gibbs [mailto:Agibbs@cstx.gov)
Sent: Friday, October 27 , 2006 8:37 AM
To: Kent Laza
Cc: Joe Schultz; Bob Mosley; Carol Cotter; Mark Smith
Subject: Castlerock
Kent,
As was briefly discussed previously, specific approvals for storm water
discharge into the conservation easement and deed restricted natural
area are required . No additional permits will issued for construction
on this project until the subject construction discharging into the
conservation easement has been acknowleged in writing by TxDOT and Fish
& Wildlife. Similarly, on the deed restricted natural area we want to
review a design to the main creek that defines and limits impacts, and
ensures erosion control, etc.
Alan Gibbs, P.E.
City of College Station
Sr. Asst. City Engineer, Public Works
>»"Kent Laza" <KLaza@CDLBCS.com> 10/26/2006 10:03:57 AM»>
Alan,
Here are the responses I got from Harold Campbell.
Kent
-~~
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/'. 250
* C1VIL DEVELOPMENT, Ltd.* tw
CIVIL ENGINEERING & DESIGN-BUILD SERVICES
TRANSMITTAL
October 1 7, 2006
Carol Cotter
Development Services
City of College Station
Joe Schultz, P .E. J fl_
Civil Development,~d.
P.O. Box 11929
College Station, Texas 77842
Phone: (979) 764-7743
COE Permit
Castlerock Subdivision
College Station, Texas
Attached is the COE Permit information you requested.
Let me know if you need anything else or have any questions.
DEPARTMENT OF THE ARMY
FORT WORTH DISTRICT, CORPS OF ENGINEERS
P. 0 . BOX 17300
FORT WORTH, TEXAS 76102-0300
REPLY TO
ATTENTION OF: December 14, 2005
Planning, Environmental, and Regulatory Division
Regulatory Branch
SUBJECT: Project Number 199700476
Ms. Heather Niles
Associate Project Manager
PBSJ
1880 S. Dairy Ashford St., Suite 300
Houston, Texas 77077-4760
Dear Ms. Niles:
This is in response to your letter of November 29, 2005, requesting a modification to
Department of the Army permit 1997004 76 for the construction of a mixed development by
Mr. Tim Crowley, on a 735 acre property iocated southeast of College Station along Spring
Creek in Brazos County, Texas.
We have reviewed and hereby approve your request. Permit Number 199700476 is modified
as follows :
1. Replace the date in General Condition 1, on page one of the permit with
"December 31 , 2008".
This modification is effective immediately. All other terms and conditions of the original
permit remain in full force and effect. If you have any questions concerning this letter, please
contact Mr. Barry Osborn at the address above or telephone (817)886-1734.
Sincerely,
l~
Chief, Regulatory Branch
'.
April 19, 2001
Planning, Environmental, and Regulatory Division
Regulatory Branch
SUBJECT: Project Number 199700476
Ms .·Heather Niles
Environmental Scientist
HNTB Corporation
l 00 Glenborough Drive, Suite 13 00
Houston, Texas 77067-36l'l
Dear Ms. Niles:
This letter is in response to a February 22, 2001, facsimile transmission request from Charles
A. Ellison, P.C., Attorneys at Law, concerning deed restrictions for Department of the Army
permit 199700476. The pennit authorizes the discharge of dredged and fill material into waters
of the United States associated with the construction of a mixed development by Mr. Tim
Crowley, on a 73 5 acre property southeast of College Station along Spring Creek in Brazos
County, Texas.
We have reviewed the information provided and have determined that a modification to the
permit is required. Permit Number 199700476 is modified as follows :
l . Replace the sentence in special condition 3 which reads "The permittee shall provide a copy
of the recorded deed restriction to the US ACE by March 1, 2001" to read "The permittee shall
provide a copy of the recorded deed restriction to the USACE by August 1, 200 l"
This modification is effective immediately. All other terms and conditions of the original
permit remain in full force and effect. If you have any questions concerning this letter, please
contact Mr. Barry Osborn at the address above or telephone (817)978-3354.
Sincerely,
Wayne A. Lea
Chief, Regulatory Branch
/-j?J"'Z'-di.3 1 -77 :)/
DEPARTMENT OF THE ARMY
FORT WORTH DISTRICT. CORPS OF ENGINEERS
P . 0 . BOX 17300
FORT WORTH . TEXAS 76102-0300
RE PLY TO
A T HN TIO~J O F January 18, 2001
Environmental Division
Regulatory Branch·
SUBJECT: Project Number 199700476
Ms. Heather Niles
Environmental Scientist
HNTB Corporation
100 Glenborough Drive, Suite 1300
Houston, Texas 77067-3611
Dear Ms. Niles:
I n•-... ,r-·:· 1-, •. , 1--.. . ... • ·v c· D • -.,,.11-.1 -
.J .£\N 2 2 2001
Hi\iT8
HOUSTON, TEXAS
Mr. Tim Crowley is hereby authorized under Section 404 of the Clean Water Act to
discharge approximately 5,250 cubic yards of dredged and fill material in waters of the United
States associated with the construction of an approximately 735-acre mixed-use development in
accordance with Permit Number 199700476. A copy of the permit is enclosed.
~
To use this permit, the person responsible for the project must ensure that the work is
conducted in accordance with the terms and conditions of the permit. We caution you to submit
revised drawings to us for approval prior to construction should any changes be found necessary
in either the location or plans for the work. Approval of revised plans may be granted if they are
found not contrary to the public interest.
This permit should not be considered as an approval of the design features of any structure
authorized or an implication that such construction is considered adequate for the purpose
intended. It does not authorize any damage to private property, invasion of private rights, or any
infringement of federal, state, or local laws or regulations.
We appreciate your interest in our nation's water resources, and your cooperation in
complying with our regulatory program. If you have questions in the future, please contact Mr.
Barry Osborn at the address above or telephone (817)978-3354.
Sincerely,
~-"~Cl#»-
WayneA.Lea ,
Chief, Regulatory Branch
Enclosures
Copies Furnished I with enclosure:
Mr. Mark Fisher
401 Coordinator
-2-
Standards and Assessment Section (MC-150)
Texas Natural Resource Conservation Commission
P.O. Box 13087
Austin, Texas 78711-3087
Mr. Rollin MacRae
Texas Parks and Wildlife Department
4200 Smith School Road
Austin, Texas 78744
Mr. Thomas J. Cloud, Jr.
Field Supervisor
U.S. Fish and Wildlife Service
Stadium Centre Building
711 Stadium Drive East, Suite 252
Arlington, Texas 76011
Ms. Rebecca Weber
Chief, Marine and Wetlands Section (6WQ-EM)
U.S. Environmental Protection Agency, Region 6
1445 Ross A venue
Dallas, Texas 75202
)·
DEPARTMENT OF THE ARMY PERMIT
Permiuee Mr. Tim Crowley
Permit No. 199700476
Issuing Office Fort Worth District
NOTE: The term "you" and its derivatives, as used in this permit, means the permiuee or any future transferee. The term "th is
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permiued activity
or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and condit.ions specified below.
Project Description: To discharge approximately 5,250 cubic yards of dredged and fill material into water of
the United States associated with the construction of an approximately 735-acre mixed-use development.
The development will adversely affect approximately 5.89 acres of waters of the United States, including
approximately 7,200 feet of stream channel. Work will include the construction of an earthen channel in
Spring Creek which is 30 feet wide at the bottom. Construction will also include box culverts at road
crossings and modifications to existing tributaries. To compensate for unavoidable adverse impacts, the
permittee will implement a mitigation plan that includes the preservation of an approximately 33-acre
riparian area.
Project Location: The 735-acre project site is located southwest of Highway 6 and Prairie Road, along Spring
Creek and associated unnamed tributaries, at the southern edge of the city of College Station, Brazos
County, Texas. The permit area is near UTM coordinates 762282.50 East and 3383523.97 North
(Zone 14) on the Wellborn 7.5-minute USGS quadrangle map in the USGS Hydrologic Unit 12070103.
Permit Conditions: In accordance with attached Sheets 1-12 of 12 and Texas Natural Resource
Conservation Commission Section 401 Water Quality Certification, Pages 1-3 of 3, dated July 27, 2000.
General Conditions:
1. The time limit for completing the work authorized ends on December 31 , 2003 . If you find that you need more
time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month
before the 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 party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized
activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from thi s
office, which may require restoration of the area.
3. If you discover any previously unknown historic or archaeological remains while accomplishing the activity authorized by this
permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required
to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.
ENG FOAM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 Appendi.:c A))
)·
4. If you sell the property associated with this pennit, you must obtain the signature of the new owner in the space provided and
forward a copy 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 certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such
conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that
it is being or has been accomplished in accordance with the terms and conditions of your pennit.
Special Conditions: SEE PAGE 4 (Special Conditions)
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(x) Section 404 of the Clean Water Act of 1972 (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This pennit does not obviate the need to obtain other Federal, state, or locat authorizations required by law.
b. This pennit does not grant any property rights or exclusive privileges.
c. This pennit does not authorize any injury to the property or rights of others.
d. This pennit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this pennit, the Federal Government does not assume any liability for the following :
a. Damages to the permitted project or uses thereof as a result of other pennitted or unpennitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the
United States in the public interest.
c. Damages to persons, property, or to other pennitted or unpermitted activities or structures caused by the activity authorized
by this pennit.
d. Design or construction deficiencies associated with the permitted work.
2
~-
e. Damage claims associated 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 on the information you provided.
5. Reevaluation of Pentjt 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 infonnation 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 <lid 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 1 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 will normally giv~ favorable consideration to a request for an extension of this time limit.
Your si~re below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this pennir.
/ ,, MA ~~ I / 10 I OU
(PERM!fl1?EJ \::::: / ) (DATE)
Tim ¢rowley [/
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
FOR THE
(DISTRICT ENGINEER)
Gordon M. Wells
Colonel, Corps of Engineers
I 8 gadUl!M.VL 2 0 D I
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 pennir
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE) (DATE)
3
Special Conditions
Permit Number 199700476
1. The permittee shall implement and abide by the mitigation plan included in the "Mitigation Plan for the
Crowley Property in Gollege Station , Brazos County, Texas, Project Number 199700476" by HNTB
Corporation, dated December 7, 2000. Completion of all elements of this mitigation plan is a requirement
of this permit.
2. The permittee shall submit a final written compliance report to the USACE within 30 days after the
completion of all construction and mitigation work that includes the following:
a. a statement that the authorized work and required mitigation was done in accordance with the
USACE authorization, including all general and spedal conditions;
b. a summary of all construction and mitigation activities that occurred associated with the project,
including documentation of the completion of all work and compliance with all terms and conditions of the
permit;
c. a comparison of the post-construction conditions of the project area to the pre-construction
conditions of the area;
d. a detailed description of all impacts to waters of the United States;
e. a map showing the final configuration of restored , enhanced, created and preserved waters of the
United States, including wetlands;
f. The final topographic elevations of the project;
g. a discussion about whether disturbed areas, such as borrow ditches, road embankments, stream
banks, road crossings, and temporary impact areas are revegetating adequately and not suffering erosion
damage; and
h. photographs and maps as appropriate to illustrate the information presented.
3. The permittee shall dedicate in perpetuity by deed restriction, as a stream riparian and wetland
mitigation area, the approximately 33-acre mitigation area identified in the mitigation plan referenced in
special condition 1. The only exceptions to the deed restriction shall be easements in existence or
proposed on date of this letter. The mitigation area shall not be disturbed, except by those activities
specifically provided tor in the approved mitigation plan or in the special conditions tor this permit. Unless
otherwise specified, livestock grazing, mowing, and similar activities are not allowed. The permittee shall
survey the mitigation area, develop an appropriate deed restriction for the surveyed area, submit the draft
deed restriction to the USACE tor review and approval, and record the USACE approved deed restriction
with the County Clerk. The permittee shall provide a copy of the recorded deed restriction to the USACE
by March 1, 2001 . The restriction shall not be removed from the deed or modified without written approval
of the USACE and conveyance of any interest in the property must be subject to the deed restriction .
4
LOCATION
PURPOSE•
The purpose of this project Is to create o mixed use
development to Include slnQle and multl-foml ly
res I dent Io I uses, comnerc Io I uses, Inst I tut I ono I
E A R
--
1 :--"-'
Project Number 199700476
Sheet 1 of 12
E c H
uses, and recreot I ono I uses, OS we I I OS I nteQroted A rqca INTERNATIONAL L TO. COMPANY
nature preserves and storm water detention foci I ltles .. 1-~~~~~~~~~~~~~~~~~~~~~~~~~~~~
SUBMITTED 8Y1
MR. TIM CROWLEY
CROWLEY DEVELOPMENT CORPORATION
CHEVRON TOWER
1301 MCKINNEY, SUITE 3500
ul'\11c:' Tru.1
AUGUST, 1999
LJA PROJECT NO. ~591-9811
SITE1 735-ACRE CROWLEY TRACT
LOCATION• COLL EGE STATION
COUNTY1 BRAZOS COUNTY, TE XAS
l"Cl\ICDAI
j
I
/
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I /
LOCATION
PURPOSE•
The purpose of this project Is to create o mixed use
development to Include slnQle and rrultl-foml ly
res I dent Io I uses, corrmerc Io I uses, Inst I tut I ono I
uses, ond recreotlonol use~. as wel I as lnteQroted
·,
I
E A
. :
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.---
.-·~·
Project Number 199700476
Sheet 2 of 12
E c H
A rqco INTERNATIONAL L TO. COMPANY
nature preserves and storm water detent I on foe I I It I es.~----------------------
SUBM I TTEO BY•
~: I.AR, T I I.A CROWLEY
~ CROWLEY DEVELOPMENT CORPORATION
~ CHEVRON TOWER
'" 1301 MCKINNEY, SUITE 3500
"' 1-o1n11<TnN Tt'YAC::. 7'1()1(l
AUGUST, I 999
LJA PROJECT NO. ~591-9811
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY• BRAZOS COUNTY, TEXAS
I IC:.r.C:. TllPllr.Pt.PW I r U t.D
..
._,.. ...
AREA
A
B
c
D
E
F
G
H
I
J
K
L
M
N
Total Wetlands
Spring Creek
Tributary I
Tributary 2
Tributary 3
Tributary 4
Tributary 5
lmpoundment I
Total Waters,
excluding
wetlands
Total Waters,
including
wetlands
ON-SITE ACREAGE l~IPACT
WETLANDS
0.48 0.48 acre
0.69 0.69 acre
0.18 0.18 acre .
0.02 0.02 acre
0.18 0.18 acre
0.19 0.19acre
0.12 no impact
0.65 no impact
0.01 no impact
0.08 no impact
0.20 0.20 acre
0.04 0.04 acre
0.45 0.45 acre
0.33 0.33 acre
3.62 Total Wetland Impacts: 2.76
TYPE OF J;\IPACT
fill
fill
excavation
fill
fill
excavation
no impact
no impact
no impact
no impact '
fill
fill
draining
draining
1.61 acres fill, 0.37 acre excavation, 0.78 acre
draining
WATERS OF THE UNITED STATES, EXCLUDING WETLANDS
2.35 0.85 acre
0.39 0.44 acre
0.59 0.14 acre
0.12 no impact
2.06 0.12 acre
0.24 0.02 acre
2.47 1.56 acre
8.22 Total Waters Impacts: 3.13
11.84 TOTAL IMPACTS:
S.89 ACRES
0. 71 acres fill, 0.14 acre draining
0.39 acres fill on-site, 0.05 acres fill off-site to
realign tributary
.09 acres fill, 0.05 acres impoundment
no impact
0.09 acre fill, 0.03 acre temporary excavation
0.017 acre fill, 0.004 acre temporary excavation
draining
1.35 acres fill, 1.70 acres drained, 0.05 acres
impoundment, 0.03 acre temporary excavation
2.96 acres fill, 0.37 acres excavation, 2.48 acres
draining, 0.05 acres impoundment, 0.03 acre
temporary excavation
The impacts listed on Table 1 are illustrated on sheets 4 through 8.
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE
Project Number 199700476
Sheet 3 of 12
z C> 0
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LOCATION
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0.25
SCALE IN MILES
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LEGEND
WATERS OF THE UNITED STATE S
ADJACENT WETLANDS
l'NATERS Of THE UNITED STATES)
PROJECT BOUNDARY LINE
--------INSET BOUNDARY L I NE
BASE MAP SOURCE• WETLAND DELINEATION EXHIBIT, "PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED
STATES AND WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT,· AUGUST 1997. VERIF IEC
BY THE USAGE ON FEBRUARY 18, 1998, PROJECT NUMBER 199700476.
PURPOSE• i; ~ The purpose of this project Is to create a mixed use ~development to Include slnQle and rrultl-fomlly A ~. ProjectNumber199700476 R
"'residential uses, corrmerclal uses, lnstltutlonol Sheet4of12 ~ uses, and recreot I ono I uses, as we I I as I nteQroted A -rqco.INrEr-.-------------llE
~ nature preserves and storm water detention foci lltles.i--~~~~~~~~~~~~
N ..
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0 a:: Q.
SUBM I TTEO BY•
l.IR. T II.I CROWLEY
CROWLEY DEVELOPMENT CORPORATION
CHEVRON TOWER
1301 MCKINNEY, SUITE 3500 AUCUS T, 1999
LJA PROJECT NO. ~591·9811
SITE1 735-ACRE CROWLEY TRACT
LOCATION1 COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TEXAS
EXISTING CONDITIONS
C ITC r'I I I C D II I C \Al U fl D
r······
LOCATION
0
SCALE IN FEET
500'
.. '··:\·-"
l"J" .'I .·,
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( EXHIBIT 8 >
; I
' : . ·; · 1 . i · ... ----· -;· T
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LEGEND
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... z .... :I .... '"' .. .... ... ~ ..J . ... CL ;;:
'··
-= = WATERS OF THE UNI TEO STATES
I I
l::::xm:+>I
WATERS OF THE UNITED STATES TO BE IMPACTED
WETLANDS TO REMAIN
WETLANDS TO BE IMPACTED
PROJECT BOUNDARY LINE
----INSET BOUNDARY LINE
----SANITARY SEWER
BASE MAP SOURCE• WETLAND DELINEATION EXHIBIT, "PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED
0 < 0 c:
w -a: -.. c: c.
V> z w
'"'
<31
\ I I i
'
z STATES AND WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT,· AUGUST 1997. VERIF IED g BY THE USACE ON FEBRUARY 18, 1998, PROJECT NUt-ABER 199700476 .
..(
Cl. 0 PURPOSE•
~ The purpose of this project Is to create a mixed use ~ development to Include slnQle and rr.Jltl-foml ly ~ r-es I dent I a I uses. conme,..c Io I uses, Inst I tut I ono I
E A R T , Project Number 199700476
Sheet 5 of 12
~ uses, and recreot I ono I uses, as we I I as I nte<;iroted A t"qCi:. .. :..JN ... _____________ ..
~ nature preserves and storm water detention foci lltles.1--~~~~~~~
a>
Ill ...
>< Ill 0 ...,
0 a: Cl.
SUBMITTED 8Y1
MR. TIM CROWLEY
CROWLEY OEVELOPMENT CORPORATION
CHEVRON TOWER
1301 LICKINNEY, SUITE 3500
Llf\llC:Tt"HJ TC°YAC: 77ntn
AUGUST, 1999
LJA PROJECT NO, ~591-9811
SITE1 735-ACRE CROWLEY TRACT
LOCATION1 COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TE XAS
PROPOSED CONDITIONS
I l\IC::: C" T 11
INSET C
( EXHIBIT 9 l
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INSET A
( EXHIBIT 7)
LOCATION
0 500'
SCALE IN FEET
-;;;;;;;;;;;; --
I ·:·I
l<t>:><I
LEGEND
WATERS OF THE UNITED STATES
WATERS OF THE UNITED STATES TO BE IMPACTED
WETLANDS TO REMAIN
WETLANDS TO BE IMPACTED
PROJECT BOUNDARY LINE
----INSET BOUNDARY LINE
----•SANITARY SEWER
z ._.,
0
BASE MAP SOURCE1 WETLAND DELINEATION EXHIBIT, 'PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED STATES ANO WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT," AUGUST 1997. VERIFIED BY THE USACE ON FEBRUARY 18, 1998, PROJECT NUMBER 199700476 •
00 !--~~~~~~~~~~~~~~~~~~~~~~~~~.....-~~~~~~~~~~~~~~~~~~~~~~-~~ ~ PURPOSE•
~ The purpose of this project Is to create o mixed use
~ development to Include sln91e and rTUltl-fomt ly
~ resldentlol uses, comnerclol uses, lnstltutlonol
~ uses, and recreational uses, as wel I as lnte9roted
E A R
... ;;" ··,
Project Number 199700476
Sheet 6 of 12
A~qcotNI-.................................. ....
~ nature preserves and storm water detention fact I lttes.1--~~~~~~~~~~~~~~~~~~~~~~~~
"' "' v SUBM I TTEO BY1 = MR. TIU CROWLEY
~ CROWLEY DEVELOPMENT CORPORATION ~ CHEVRON TOWER ~ 1301 l.AC~INNEY, SUITE 3500 0.. ··-·----·· ....... ,.. ,"'"'"
AUGUST, 1999
LJA PROJECT NO. ~591-9811
,.. .,.,.., .. T r-ru DOf'\ IC'r'"T "'" lf"IAf"'un
SITE1 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TEXAS
PROPOSED CONDITIONS
I NC:.l='T R
:z 0 0
,,. ..
.. ' '\ ;
LOCATION
0
SCALE IN FEET
INSET D
( EXH I 8 IT I 0 l
INSET B
( EXHIBIT 8 l
500'
-----
1~::-~::1
LEGEND
WATERS O> THE UNITED STATES
WATERS OF THE UNITED STATES TO BE IMPACTED
~ETLANOS TO REMAIN I I
L>>><I WETLANDS TO BE IMPACTED
PROJECT BOUNDARY LINE
- - - -INSET BOUNDARY LINE
PROPOSED DRAINAGE CHANNEL
---SANITARY SEWER
0 .. 0 c:
w
. c: ..... -c::: CL
BASE MAP SOURCE1 WETLAND DELINEATION EXHIBIT, ·PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED STATES ANO WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT,· AUGUST 1997. VERIFIE D BY THE USACE ON FEBRUARY I 8, 1998, PROJECT NUMBER 199700476.
~ PURPOSE• 0 a: Q.
Ill u
/
The purpose of this project Is to create a mixed use
development to Include slnQle and nultl-foml ly
residential uses, conmerclal uses, Institutional
E A R H. Project Number 199700476
Sheet 7 of 12
~ ~~~~~eo~~e::~:=~t~~~a!t~~~s~o~!rw~~!e~~l~~t~~:~~~~les.1--~~~~~A-~_'Lf.~'L:.-'/7~/N~TE__!_"_~_~_~_~_~_~_:_·_~_~_~_::_~_~~·~·-·-~-~-·_•_•_•_•_::_•_•_ .. ~ -(1\
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/
SUBMI TTEO BY1
MR. TIM CROWLEY
CROWLEY DEVELOPMENT CORPORATION
CHEVRON TOWER
1301 MCKINNEY, SUITE 3500
HOUSTON. TEXAS 77010
AUGUST, 1999
LJA PROJECT NO. ~591-9811
c ADTU TC'r ... C>Cn 1C'rT un 11\ .. f\11'\
SITE1 735-ACRE CROWLEY TRACT
LOCATION1 COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TE XAS
PROPOSED CONDITIONS
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LOCATION
SCALE IN FEET
BASE MAP SOURCE•
PURPOSE•
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LEGEND
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WATERS OF THE UNITED STATES
WATERS OF THE UNITED STATES TO BE llAPACTED
WETLANDS TO REIAAIN I I
l=tr:::+rl WETLANDS TO BE IMPACTED
PROJECT BOUNDARY LINE
- - - -INSET BOUNOARY LI NE
PROPOSED DRAINAGE CHANNEL
----SANITARY SEWER
WETLAND DELINEATION EXHIBIT, 'PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED STATES ANO WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT,' AUGUST 1997. VERIF IED BY THE USACE ON FEBRUARY 18, 1998, PROJECT NUMBER 199700476.
~ .... .
g: The purpose of th Is pro) ect 1 s to create a ml xed use
.. · . ...--·.· ... -... -..... -·"'"' _______ .,
R r . ·;· H E A :'..!development to Include slnQle and multl-fomlly ProjectNumber199700476
"' resldentlol uses, corrmerclol uses, lnstltutlonol Sheet 8of12
~ uses, and recreot I ono I uses, as we I I as I nteQroted A ~qpq flVTta. _____________ _.
~ nature preserves and storm water detention foci I ltles.f--~~~~~~~~~~~~~~~~~~~~~~~~~-
~ SUBMITTED BY• SITE• 735-ACRE CROWLEY TRACT
.: UR. T I IA CROWLEY
CROWLEY DEVELOPMENT CORPORATION
CHEVRON TOWER
1301 IACKINNEY, SUITE 3500 AUGUST, 1999
LJA PROJECT NO. 4591-9611
LOCATION• COLLEGE STATION
COUNTY1 BRAZOS COUNTY , TE XAS
PROPOSED CONDITIONS
290
285
280
275
270
265
260
255
250
LOCATION
SCALE• 1· • 100' HOR.
1· • 10' VER.
0+00 I +00 2+00 3+00 4+00
LEGEND
I· .o:I PROPOSED FI LL
~ PROPOSED EXCAVATION
-
FILL BELOW NORMAL HIGH WATER MARK
NOTE• THIS EXHIBIT ILLUSTRATES A CROSS SECTION OF PROPOSED INFRASTRUCTURE IMPROVEMENTS ALONG SPRING CREEK. THIS CREEK, AS WELL AS TRIBUTARY I AND A PORTION OF TRIBUTARY 2 ARE PROPOSED TO BE CHANNELIZED FOR THE PURPOSE OF CONVEYING STORMWATER DRAINAGE OFF THIS SITE. THIS REPRESENTS ~ A TYPICAL CROSS SECTION ALONG THESE AREAS PROPOSED FOR CHANNELIZATION.
0
ci t: PURPOSE•
~ The purpose of this project Is to create o mixed use
S development to Include sln9le and rrultl-fomlly ProjectNumber199700476 E A R H
~ res I dent Io I uses, corrmerc Io I uses, Inst I tut I ono I Sheet 9 of 12
:;: uses, and recreotlonol uses, as wel I as lnte9roted A t-qco_i.NTFt.1.-------------.: nature preserves and storm water de tent I on foe I I It I es.1--------...;__ _____________ _
~ SUBMITTED BYa SITE1 735-ACRE CROWLEY TRACT
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UR. TIM CROWLEY
CROWLEY DEVELOPMENT CORPORATION
CHEVRON TOWER
1301 UCKINNEY, SUITE 3500
HOUSTON. TEXAS 77010
AUCUS T, 1999
LJA PROJECT NO. -4591-9811
~ .t.OTU TC'ru DDn 1C'rT un lf\Af\ln
LOCATION1 COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TEXAS
TYPICAL CROSS SECTION rl-l tll\l~~I I 7" TI ()f\I ()~ rR~~I(
285
280
275 ---L.'.__· ..
270
265
260
255
SPRING CRUii
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LOCATION
SCALE• 1· •100' HOR.
1· •IO' VER.
I +QQ 2+00 3+00 4+00 5+00
LEGEND
I .··:-::I
V//2 -
PROPOSED FI LL ·
PROPOSED EXCAVATION
FILL BELOW NORMAL HIGH WATER MARK
6+00
z u 0
NOTE• THIS EXHIBIT ILLUSTRATES A CROSS SECTION OF A PROPOSED ROAD CROSSING OF SPRING CREEK. ALTHOUGH THE NUMBER OF BOX CULVERTS VARIES, THIS ILLUSTRATES A TYPICAL CROSS SECTION OF SEVERAL ROAD CROSSINGS PROPOSED FOR THIS DEVELOPMENT.
3 PURPOSE1 ~ The purpose of th Is pro J ect Is to create a m I xed use ...J 3 development to Include slnQle and rrultl -foml ly
-" residential uses, corrrnerclol uses. lnstltutlonol
E A R Project Number 199700476
Sheet 10 of 12 ;;; uses, and recreot I ono I uses. as we I I as I nteQroted A -rqi::o (N ~ nature preserves and storm water detention foc i l l tles.1--~~~~_:.:.~:=::._::~~~==================~~~--~ SUBMITTED 8Y1
-UR. T II.I CROWLEY
~ CROWLEY OEVELOPl.IENT CORPORATION
~ CHEVRON TOWER
~ 1301 IACKINNEY, SUITE 3500
CL '-'nllc::Tn.., TC°YA~ "7 "7f\lf'
SITE1 735-ACRE CROWLEY TRACT
LOCATION1 COLLEGE STATION
COUNTY1 BRAZOS COUNT Y, TE XAS
AUGUST, I 999
LJA PROJECT NO. 4591-9811 TYPICAL CROSS SECT I ON
-·---· ---·· -------··-.............. r-\r'\.'"' _I'""\_,_,_. •• ·-
285
280
ARCA •fr
275 1crr __ ~ --------. -270 ...........__ ....
...... ~
265
260 0+00 I +00 2+00
285
280
275
270 ~:·.· .. '.~~/////r/I;,
~ f'l'///h'."l'///// 01'/,J.·
265
260 6+00
LOCATION
SCALE• 1 • • I 00' HOR.
1· • 10' VER.
1+00 8+00
NATUR~ GROJllO I\
\ -~ ' •11 .. 'z: ---
3+00 4+00 5+0_0
9+00 . 10•00 I I +00
LEGEND
L. q ·>::I PROPOSED FI LL
~ PROPOSED EXCAVATION
-
FILL BELOW NORMAL HIGH WATER MARK
z C> 0
NOTE• THIS EXHIBIT ILLUSTRATES A CROSS SECTION OF PROPOSED FILL TO BE PLACED IN WETLAND AREAS A AND B FOR THE PURPOSE OF ROAD CONSTRUCTION. THIS REPRESENTS A TYPICAL CROSS SECTION THROUGH WETLAND AREAS WHICH ARE PROPOSED TO BE FILLED.
d !------------------------~---------------------~ --. ·'•'·. ~ PURPOSE1
~ The purpose of this project ls to create o mixed use 8 development to Include slnQle ond m...iltl-foml ly E A R H Project Number 199700476
~ res I dent Io I uses, corrmerc Io I uses, Inst I tut I ono I Sheet 11 of 12
~ uses, ond recreotlonol uses, as wel I os lnte9roted A -t-qco/NTE._ ___________ _.
..'.. nature preserves ond storm water detention foci I ltles.1------------------------
~ SUBMITTED 9y, SI TE1 735-ACRE CROWLEY TRACT
-UR. Tiu CROWLEY LOCATION1 COLLEGE STATION
~ CROWLEY OEVELOPUENT CORPORATION COUNTY• BRAZOS COUNTY, TEXAS ~ CHEVRON TOWER AUCUS T, 1999 ~ 1301 UCKINNEY, SUITE 3500 LJA PROJECT NO ... 591-9811 TYPICAL CROSS SECT I ON
/ HOUSTON. T[XAS 77010 ronT .. Trr,. nnnorrT ••~·~•non [:"II I ("\(' IA/C'TI A~lr'\ ADC' AC'
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2B-I 38. 06 Ac. •· Conservation Reserve Open Space
Ap_p·rox. 33. 0 Ac. Deed Restricted Natural Area
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LEGEND
WATERS OF THE UNITED STATES
WETLANDS
rf'/A TEAS Of THE UNITED STA TESJ
CONSERVATION RESERVE
DEED RESTRICTED NATURAL AREA
LOCATION PROJECT BOUNDARY LINE
0 1400'
SCALE IN FEET
BASE MAP SOURCE• WETLAND DELINEATION EXHIBIT, "PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED
STATES AND WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT," AUGUST 1997. VERIFIED
BY THE USAGE ON FEBRUARY 18, 1998, PROJECT NUMBER 1997004 76.
PURPOSE• 8 The purpose of this project Is to create a mixed use ~ development to Include sln<;ile and multl-foml ly
"' res I dent I a I uses. conmerc I a I uses, Inst I tut I ono I
E A R T H Project Number 199700476
Sheet 12 of 12 0
;;; uses, and recreot I ono I uses, as we I I as I nte9roted A t'qco /NTE•---------------• ~ nature preserves and storm water detention foci lltles.1--~~~~~~~~~~~~~~~~~~~~~~~~~~~-
~ SUBMITTED BYi SITE1 735-ACRE CROWLEY TRACT
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/
MR. TIM CROWLEY
CROWLEY DEVELOPMENT CORPORATION
CHEVRON TOWER
1301 UCKINNEY, SUITE 3500
HOUSTON, TEXAS 77010
AUGUST, 1999
LJA PROJECT NO. ~591·9811
LOCATION1 COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TEXAS
PROPOSED MITIGATION
ADC AC
Attachment 1 -Dredge and Fill Certification
USAGE Permit No. 199700476
July 27, 2000
Page 1 of 3
WORK DESCRIPTION: As described in the public notice dated April 20, 2000.
SPECIAL CONDITIONS: None.
GENERAL: This certification, issued pursuant to ttie requirements of Title 30,, Texas Administrative
Code, Chapter 279, is restricted to the work described in the application or joint public notice apd
shall expire five years from the date of issuance of the Corps of Engineers (COE) permit. This
certification may be extended to any minor revision of the COE permit when such change(s)would not result
in an impact on water quality. The TNRCC reserves the right to require full joint public notice on a request
for minor revision. The applicant is hereby placed on notice that any activity conducted pursuant to the COE
permit which results in a violation of the state's surface water quality standards may result in an enforcement
proceeding being initiated by the TNRCC or a successor agency.
STANDARD PROVISIONS: These following provisions attach to any permit issued by the Corps of
Engineers and shall be followed by the permittee or any employee, agent, contractor, or subcontractor of
the permittee during any phase of work authorized by a Corps permit.
1. The water quality of wetlands shall be maintained in accordance with all applicable provisions of the
Texas Surface Water Quality Standards including the General, Narrative, and Numerical Criteria.
2. The applicant shall not engage in any activity which will cause surface waters to be toxic to man,
aquatic life, or terrestrial life.
3. Permittee shall employ measures to control spills of fuels, lubricants, or any other materials to
prevent them from entering a watercourse. All spills shall be promptly reported to the TNRCC,
Emergency Spill Response, at (512) 463-7727.
4. Sanitary wastes shall be retained for disposal in some legal manner. Marinas and similar operations
which harbor boats equipped with marine sanitation devices shall provide state/federal permitted
treatment facilities or pump out facilities for ultimate transfer to a permitted treatment facility.
Additionally, marinas shall display signs in appropriate locations advising boat owners that the
discharge of sewage from a marine sanitation device to waters in the state is a violation of state and
federal law.
5. Materials resulting from the destruction of existing structures shall be removed from the water or
areas adjacent to the water and disposed of in some legal manner.
6. A discharge shall not cause substantial and persistent changes from ambient conditions of turbidity
or color. The use of silt screens or other appropriate methods is encouraged to confine suspended
particulates.
7. The placement of any material in a watercourse or wetlands shall be avoided and placed there only
with the approval of the Corps when no other reasonable alternative is available. If work within a
Attachment 1 -Dredge and Fill Certification
USAGE Permit No. 199700476
July 27, 2000
Page 2 of 3
wetland is unavoidable, gouging or rutting of the substrate is prohibited. Heavy equipment shall be
placed on mats to protect the substrate from gouging and rutting if necessary.
8. Dredged Material Placement: Dredged sediments shall be placed in such a manner as to prevent
any sediment runoff onto any adjacent property not owned by the applicant. Liquid runoff from the
disposal area shall be retained on-site or shall be filtered and returned to the watercourse from which
the dredged materials were removed. Except for material placement authorized by this permit,
sediments from the project shall be placed in such a manner as to prevent any sediment runoff into
waters in the state, including wetlands. 1
9. If contaminated spoil that was not anticipated or provided for in the permit application is encountered
during dredging, dredging operations shail be immediately terminated and the TNRCC, Emergency
Spill Response, shall be contacted at (512) 463-7727. Dredging activities shall not be resumed until
authorized by the Commission.
10. Contaminated water, soil, or any other material shall not be allowed to enter a watercourse.
Noncontaminated stormwater from impervious surfaces shall be controlled to prevent the washing
of debris into the waterway.
11 . Stormwater runoff from construction activities (US EPA Category X) is governed by the requirements
of the US Environmental Protection Agency. Applications to apply for a general permit are to be
obtained from Region 6, US EPA at (214) 665-7185.
12. Upon completion of earthwork operations, all temporary fills shall be removed from the
watercourse/wetland, and areas disturbed during construction shall be seeded, riprapped, or given
some other type of protection to minimize subsequent soil erosion. Any fill material shall be clean
and of s1,1ch composition that it will not adversely affect the biological, chemical, or physical properties
of the receiving waters .
13. Disturbance to vegetation will be limited to only what is absolutely necessary. After construction, all
disturbed areas will be revegetated to approximate the pre-disturbance native plant assemblage.
14. Where the control of weeds, insects, and other undesirable species is deemed necessary by the
permittee, control methods which are nontoxic to aquatic life or human health shall be employed
when the activity is located in or in close proximity to water, including wetlands.
15. Concentrations of taste and odor producing substances shall not interfere with the production of
potable water by reasonable water treatment methods, impart unpalatable.flavorto food fish including
shellfish, result in offensive odors arising from the water, or otherwise interfere with reasonable use
of the water in the state.
16. Surface water shall be essentially free of floating debris and suspended solids that are conducive to
producing adverse responses in aquatic organisms, putrescible sludge deposits, or sediment layers
which adversely affect benthic biota or any lawful uses.
Attachment 1 -Dredge and Fill Certification
USACE Permit No. 199700476
July 27, 2000
Page 3 of 3
17. Surface waters shall be essentially free of settleable solids conducive to changes in flow
characteristics of stream channels or the untimely filling of reservoirs, lakes, and bays.
18. The work of the applicant shall be conducted such that surface waters are maintained in an
aesthetically attractive condition and foaming or frothing of a persistent nature is avoided. Surface
waters shall be maintained so that oil, grease, or related residuewill not produce a visible film of oil
or globules of grease on the surface or coat the banks or bottoms of the watercourse.
19. This certification shall not be deemed as fulfilling the applicant's/permittee's responsibility to obtain
additional authorization/approval . from other local, state, or federal regulatory agencies having
special/specific authority to preserve and/or protect resources within the area where the work will
occur.
MITIGATION PLAN
For
The Crowley Property in College Station, Brazos County, Texas
Project Number 199700476
December 7, 2000
Introduction
The purpose of this plan is to outline the mitigation plan for impacts to Waters of the
United States, including wetlands, and endangered species impacts on the Crowley tract.
Mr. Tim Crowley plans to construct a mixed-use development on this approximately 735-
acre parcel of land. Mr. Tim Crowley plans to mitigate for impacts to Waters of the U.S .,
including wetlands, and the Federally listed endangered plant species Navasota ladies'
tresses (Spiranthes parksii) (NLT) on-site through the creation of a deed restricted natural
area and a Conservation Reserve.
Waters of the U.S., Including Wetlands
A total of 5.89 acres of impacts to Waters of the U.S., including wetlands, is proposed for
the Crowley tract in College Station, Brazos County, Texas by the construction of a
mixed-use development. To mitigate for these impacts, an approximately 33-acre area
that includes a portion of Spring Creek, Tributary 3, a portion of Tributary 4, Wetland
Areas H, I and J, and the surrounding rW.ru;ian corridor will be preserved by me_ans o{ .
deed restricting this area._Not only would this area be preserved.jn_p~me.tui(X', but
secondary iP.pacts _resulting from development of the Crowley tract to Tributary 3, a
portion of Tributary 4, a portion of Spring Creek, and Wetland Areas H, I, and J wouid be
_!!llnimized or totally elim!nat~d .. This deed restricted area, as illustrated in Exhibit 14,
may at some point be deeded, or donated, to the City of College Station or another entity
if Mr. Crowley so chooses.
Endangered Species and Habitat
A Biological Opinion was issued for the Crowley tract by the U.S . Fish and Wildlife
Service for the impacts to the Federally listed endangered species Navasota ladies'
tresses. The construction activities associated with this development project will impact
14 individuals of NLT. As recommended by the USFWS, a total of 38.06 acres of
riparian habitat will be preserved through the creation of a Conservation Reserve on the
Crowley tract. The Conservation Reserve, as illustrated in Exhibit 14, consists of a
heavily wooded riparian corridor surrounding Tributary 2 and a portion of Spring Creek
located to the north of proposed State Highway 40 which traverses roughly through the
center of the Crowley tract. This Conservation Reserve is the result of a cooperative
effort between Mr. Crowley and the Texas Department of Transportation (as well as the
USFWS) in conjunction with the development of the currently proposed State Highway
40 through the Crowley tract.
This Conservation Reserve will be preserved and enhanced by TxDOT as stated in their
Com ensation Ian for the purpose of safeguarding the actual plants
an e a itat of the NLT previously identified in the proposed State Highway 40 right-
of-way as well as on other areas of the Crowley tract. According to the USFWS, this
Conservation Reserve will provide suitable mitigation for impacts to NLT plants
resulting from the State Highway 40 project as well as the Crowley development. The
majority of the NLT plants identified on the Crowley tract, as well as the most suitable
habitat for the plant, are located within the area now designated as the Conservation
Reserve. Aside from preserving the tributary, stream, and wetland features on the
approximately 33-acre deed restricted area, this riparian corridor would remain intact and
would actually link to the riparian corridor established by the Conservation Reserve on
this property. The net effect would create a contiguous riparian corridor area of
approximately 71.06 acres in size (approximately 33-acre deed restricted natural area plus
38:06-acre Conservation Reserve) on the Crowley property.
Signed:---------Date: _____ _
Heather Niles
Environmental Planner-HNTB Corporation
For
Mr. Tim Crowley
Crowley Development Corporation
(33 CFR 325) Expires October 199t>
Public reporting burden for this collection of Information Is estimated to average 6 hours per response. Including the tlme for reviewing Instructions.
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. Send comments
regarding this burden estimate or any other aspect of this collection of Information. including suggestions for reducing this burden, to Department of
Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1216 Jefferson Davis Highway, Suite 1204, Arflngton,
VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20603. Please DO NOT
RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location
of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require authorizing activities In, or affecting, navigable waters
of the United States, the discharge or fill material Into waters of the United States, and the transportation of dredged material for the purpose of
dumping It Into ocean waters. Routine Uses: Information provided on this form will be used In evaluating the appllcatlon for a permit. Disclosure:
Disclosure of requested Information Is voluntary. If Information Is not provided, however, the permit appllcatlon cannot be processed nor can a permit
be Issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and Instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity.
An application that Is not completed In full will be returned.
(ITEMS 1 THAU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANT'S NAME
Mr. Tim Crowley
8. AUTHORIZED AGENT'S NAME AND TITLE C•n 1gen11s not roqu1tedl
Ms. Heather Niles
Wetlands Ecoloaist
9. AGENT'S ADDRESS 6. APPLICANT'S ADDRESS
Mr. Tim Crowley
Crowley Development Corporation
Chevron Tower
Earth Tech, Inc. (formerly Rust Environment & Infrastructure)
2929 Briarpark Drive, Suite 600
1301 McKinney Street, Suite 3500
Houston, Texas 77010
Houston, Texas 77042
7. APPLICANT'S PHONE NOs. W/AREA CODE 10. AGENT'S PHONE NOs. W/AREA CODE
a. Residence Not Applicable a. Residence Not Applicable
b. Business (713) 651-1771 ; fax (713) 427-8791 b. Business (713) 953-5152 or (713) 785-9800; fax (713) 953-5042
11 . STATEMENT OF AUTHORIZATION
application and to furnish, upon request,
DATE
N, AND DESCRIPTION OR PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE csee lnstructlc>nsl
735-acre Crowley Tract
13. NAME OF WATERBODY, IF KNOWN C111pplic1b1e1
Spring Creek and associated unnamed tributaries as well as nearby
wetland areas
15. LOCATION OF PROJECT
Brazos Couotv Texas
COUNTY STATE
14. PROJECT STREET ADDRESS Cit 1pp11c1blel
State Highway 6 and Greens Prairie Road
College Station, Texas
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN Jsee Instructions) Soctlon, Township, R1ng1, lot/Lon, ind/or Accossors's P1rcel Number, for 1umpl1.
See Block 16 attachment for metes and bounds description.
17. DIRECTIONS TO THE SITE
From Houston, travel west on U.S. Highway 290 to Hempstead. In Hempstead, exit State Highway 6, and travel north through Navasota to Greens Prairie
Road located at the southern edge of College Station, Texas. Take the Greens Prairie Road exit, and turn left at the traffic light at Greens Prairie Road
The site is located immediately west of State Highway 6 and immediately north of Greens Prairie Road . See Exhibits 1, 2, and 3 for the location of thi!
site.
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR)
10. 1~0\UI V Vt• '""~····r •-----· ... •·-·· -· ..-·-,--·• ···-·----·· ·•-·-··-·
The activity associated with this project involves impacting approximately 5.89 acres of waters of the United States, including wetlands, within the
approximately 735-acre Crowley tract for the purpose of constructing roads, drainage ditches, stormwater detention fa~ilities, ~n? developing nu~e.rous
tracts of land associated with the creation of a mixed use master planned development. The development plan for this area 1s illustrated in Exh1b1ts 6
through 10.
19. Project Purpose (Describe the reason or purpose ol the project, seo Instructions!
The purpose of this project is to create a mixed use development to include single and multi-family residential uses, commercial uses, institutional uses,
and recreational uses, as well as integrated nature preserves, green spaces with alternative transportation facilities such as pedestrian and bicycle
pathways, and stormwater detention facilities.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
See Block 20 attachment for a detailed description of impacts and reasons for discharge.
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Approximately 5,250 cubic yards of soil material is proposed to be placed below the normal high water line of Spring Creek and the associated tributaries
which meander through the Crowley tract. This includes approximately 4,260 cubic yards of fill to be placed below the normal high water line of Spring
Creek, approximately 640 cubic yards of fill to be placed below the normal high water line of Tributary 1, approximately 175 cubic yards of fill to be placed
below the normal high water line of Tributary 2, approximately 145 cubic yards of fill to be placed below the normal high water line of Tributary 4, and
approximately 30 cubic yards of fill to be placed below the normal high water line of Tributary 5. Tributary 3 will not be impacted by the proposed project.
Exhibits 1 1 through 1 3 illustrate typical cross sections of areas of proposed fill for the purpose of infrastructure improvements associated with this
development.
22. Surface Area in Acres of Wetlands or Other Waters Filled lsee iostructlonsl
Approximately 5.89 acres of waters of the United States, including wetlands, are proposed to be impacted on the Crowley tract. Approximately 3.13
acres of waters of the United States, including Spring Creek and the associated tributaries, are proposed to be impacted by either filling, excavating,
impounding, or draining. An additional 0.03 acre of waters of the United States is proposed to be temporarily impacted for the purpose of sanitary sewer
placement, but will be restored to natural grade once the sanitary sewer is in place. Approximately 2. 76 acres of wetlands are proposed to be impacted.
These 2.76 acres consist of approximately 1.61 acres of wetlands which are proposed to be filled, approximately 0.37 acre of wetlands which is proposed
to be excavated, and approximately 0. 78 acre of wetlands which is proposed to be drained. Exhibits 6 through 10 illustrate the proposed impacts. The
total acreage of waters of the United States, including wetlands, proposed to be impacted by this project is summarized in Table 1, provided with the Block
20 attachment.
23. Is Any Portion of the Work Already Complete? Yes No __lL IF YES, DESCRIBE THE COMPLETED WORK
Some pre-construction activities on upland areas of the Crowley tract may be initiated prior to receipt of USACE Section 404 Permit approval; however,
no work within waters of the United States (including wetlands) has been initiated. Areas A, B, E, and F (total less than 500 feet of non-forested wetlands)
may be impacted due to sanitary sewage construction; this construction will be in accordance with Nationwide Permit 12.
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please 1ttach 1 supple<Mntal listl.
See Block 24 attachment for Adjoining Property Owners.
25. List of Other Certifications or Approval_s/Denials Received from other Federal, State, or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL" IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
No certifications or approvals have been issued for this project at this time.
• Would include but is not restricted to zoning, building, and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the
duly authorized agent of the applicant.
p-11-q~
DATE ~~" SIGNATURE'd'F AGENT
The application must be si the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
1 B U.S.C. Section 1001 provides that: Whoever. in any manner within the jurisdiction of any department or agency of the United States
knowingly and w illfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-ORl
Block 16.
Metes and Bounds Description
EXHIBIT "A"
734.96 A~re Trace
Robert Stevenson Survey, A-54
Braxoa County, Tcxo:s
Picld notes ot a 734.96 acre trace or parcel of land. lying and being
~ic:u~t~d in che Rob~rt: Stevenson Survuy, Ab~tract No. 54, Brazoc County, Texas,
aod being pare of t:he 749 . 71 acre tract: (net) described in the Subst:it.ut:c
Trust.:ec 's Deed from Gary Anderson, Sub&titute Trustee co Mi:&cion Savine~
Association of Texas. as recorded in Volume 1093, Paee 838. of t:he 0££ici~l
R<!cords of Bra20!: County, Toxac, and beins rnorc p.'.lrt.icularly described a&
.(ol.} OWt>:
BEGINNING at t:h<2 1/2"iroo rod at t:he 6" crco:>ota post fence corner found
m.'.lrking the wcot. corner of the bcfore~entioned 749.71 acre trace;
THENCE along the northwest l.ine of the b~forement:ioned 749.71 acre tract:,
adj~cont to o fence, oa followo:
N 44 • 46' 54" E
N 44· so· 48'. E
N 44. 43 ' 5 7" E
N 45" io· 39'! E
~ 45• 08' 15" E
N 43° 47' 19" E
N 43" 43' 55 .. E
ENG FORM 4345
for a distance of 2025.92 feet to a cross-tie
fence cornf:r found markins tha coznmon corner
between the Wayne A. Dunlap, et al, 158 acre
tr~ct, ao recorded in Voluroc 283, Page 382,
·of the Deed Records of Braz:o:s County, Texas.
and the A . S. Mcswain, Jr., et el, 90 acre
tract, as recorded in Volume 335, Page 556,
of. the Deed Records of 8rA10s County, Texas:
for a distance of 1277.74 feet to the S" cedar
post fence corner found marking the common
cornar bet:....,een t:he said McSwain, Jr., 90 .. ere
tract and t:hc·A~ S. McSwain 117-1/2 acre
tract, as recorded in Volume 166, Page 425,
of the Deed Records of Braz:os County, Texas;
for a distance of 1493.24 feet to the 6" cedar
pos~ fence corner found ~rking the common
corner between the said Mcswain 117-1/2 acre
tract: .and the Ann McCltllan Ferguson 50 acre
tract, as recorded in Volume 304, Page 182,
of. the Deed Records of Brazos County, Texas;
for a distance of 646.51 feet to the 1/~" iron
rod at: 5" cedar pose fence corner found
marking the common corner between the said
Ferguson 50 acre tract:. and t:.he James D .
Ingx:·ara, I-II, 88 .0 acre tr<oct, .--. r~corded
in Volume 453, Page 151, of the Deed R~cords·
of .Brazos County, Tex~s:
for .s di.st:ince of l.l.36.90 feet to t:hc 1./2" iron
rod at t:he 6 .. creosote post fence corne;
found marking the common corner between the
said Ine;ral'G, Ii:I·; 88 .O :icrc tract and the
J. Spence Wendt 159.382 acre tract. as
recorded in Volume 545, Page 694, of the Deed
Records of Braxos County. Te:.c.a.•:
for a di&t:ance of 757.92 feet to t:he 1/2" iron
. rod at cross-cie fence corner fou~d marking
the common corner between t:ha Wendt 159.382
acre tract and the Dwayne L. Rhea 15.0 acre
tract:, a~ rocordad in Volume 421, Page 234,
of che n .. ed Recor:ds of Br-az:os County. Texas::
for a distance of 2026.76 feet to the 1/2" iron
rod 5ct .in t:.h .. ~out:hwesc right-of-way line
of State Highway No. 6, according to the
Ju~gcment styled The State of Texas versus
United Pour Joint: Vcnt:ure, et al. as recorded
in Volume 1153, Page 137, of t~e Official
·Records of l3raz.os County, T~;..._.s, said
Judgement being a 14. 63 acre era ct for
highway purpo~ec (the widening of State
Highway No. 6), a 6" creosote post fence
corner boar~ S 55" 22' W 16.7 foot;
EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW·ORI
Block 16.
Metes and Bounds Description
734.96 Acre Trace
Robert Steven6on Survey. A-54
Rrazos County, Texas
Continued -Page 2
THENCE
follows :
nlon5 che :southwest right-of-way line of Stace Highway No. 6 a&
s 47• 19 '
s 43• 01 •
s 47· 19'
s 3s· 33•
s 43• 30'
17''
56"
17"
26"
26"
E
E
E
E
E
for n distance of 755.16 feet to a concreLc
right-of-way marker found,
for a distance of 200.56 feet to a concrete
right-of-way marker found,
for a distance 0£ 800.00 feet to a eonerote
right-of-way marker found,
for a · distance of 1214.18 feet co a concrete
riRhc-of-way marker found,
for a di&tance of 103.~6 feet to a 1/2" iron rod
found marking the north corner of. a 0. 88 acre
tract described in the deed to the City of
Coliege Stat:ion, Texas. as recorded in Volume
677 ~ Pase 604 0 of the Official Record5 of
Br~xo~ Councy, Texas, said 0.88 acre tract
also known as Lot 1. Block 1, South Park
E~taCe& -Pru.se One, according to the pl~c
recorded in Volum.e 795, Page 259, of che
Official Record& of Bra%o:s County, Texas:
THENCE S 26" 59' 25" W along the northwest line of the beforementioned
O. 66 acre era ct:. at: a di seance of 200 .00 fee.c, pass the common corner bec~een
the said 0.68 acre tract and the General Telephone Company of the Southwest 0.61
acre cract. as recorded in Volume 741. Page 502, of the Official Records of
Brazos County. Texas, &aid 0 .61 acre trace also .known a5 Lot 2, Block l, South
Park £&caccs,· continue on. for a total di5tance of 370.00 feet to a 1/2" iron
rod found marking the west corner of the said o·. 61 acre tract;
THBNCE S 60" 57' 54 .. ~ along.the southwest line of the 0_61 ~cro trace .
for a discance of 190.74 £e~t to a 1/2" iron rod &et in the transition rieht~
of-way line from State Highway No.6 to Greens Prairie Road, a concrece righc-
of-way marker £ound marking the east corner of the befora~ancioned 0.98 acre
trace bears N 29" ·01 • 21" E 310.22 feet;
THENCE S 26 • 59' 25" W alonit the beforC>mantioned tran&;.i ti on right-0£-
way line. for .a .c ; ~c.-.nce of 328 .01 feet and corn .. r in the 15out.:heasc line of thri
bofore:mentioned 749.71 acre trace, a concrete right-of-way marker bears N 4!1';
S 1' 57" W 1-. 99 feet, a metal "T" post markini:: t;he beei~ing of the fenced
northwe&t line 0£ Greens Prairie Road by virtue of let~er to Mr. Bill Cooley,
County Commissioner. dated Novumber 12, 1.984. recoc-dcd .in Volume 745 0 Page 642;
of th~ Official Records of Brazos Coun~y. Texas . bears S 12· 01' 42" W 55.5
:feec;
THENCE ~long the southeast line of the bcforemention~d 749.71 acre t:racc
a& follows:
ENG FORM 4345
S 44" 34' 06" W for a distance of 542.90 ~eet co an angle point
corner, from which t:he center of the exi&ti~c
pavemenc of Groen& Prairie Road bear•
Sout:heast 24 feet:, a 6" creosote po&t fence
corner in t:he existing fenced northwest: line
of Creena Prairie Road be~rc N 79• 20' W
29.3 feet,
S 4.3 • 56' l.8" W for a distance of 152tl. 51 feet to an angle point
corner. located 31 .5 feet northwest of tho
ce[\t:er of t:he center of point of Green&
Prairie Ro.::ad. from which a 1/2" iron rod
-: founc::\ at a cross-cie fence corner at: -::h~
convnon corner between the >Ce,.ant:t:h Wolf, l.O
acre trace And tho Mil~oo Willinms Eacatc ,
in chc Gouthcaat line of Greens Prairie .Road
beArG S 21· 57' W 203.7 feet:,
EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-ORl
Block 16.
Metes and Bounds Description
734.96 Acre Tract
Robert Stevenson.Survey. A-54
Bra~oo Councy. Texao
Continued -Pace 3
s 44" 43 · 19-W for a distance of 1266.56 teec to an angle point
corner, located 28 feet northwest of the
center of pavement of Green& Prairie Road,
from which a pow~r pole be~rc S 63• 47' W
72.3 feet,
S 43• 43' 37" W for .:a dis:tance of 1907.49 feet t:o an angle point
corner, located 23 feet northwest of the
center of pavement: of Greens Prairie Road.
from which a 6" creosbce post fence angle
pol.nt in the northwest fenced line ot Greens
Prairie Road bear& S 60• 26' W 77.0 feet,
s 44• 40' 24" W for a distance of 1475.82 feet to ari angle point
corner located 22 ~eet north\0iesc. of "Che
center of p~vemenc of Greens Prairie Road ,
:from which the 6" creoso1::.e post fence corner
in the fen ced northwccst line of Greens
Prairie Road at the western corner of an
existing cnt.rnncc with catcleguard bears
N 39• 33' 36" E 320.4 £eet,
s 43• 17" 41." w for a discancc or H183.63 teec to a 3/8" iron rod
found marking the south corner or the
beforamention4d 749.71 Acre trace, located
21 feet northwest of the center of pavement
-of ·Greens Prairie Road. from which a 6"
creo£ote post ~~nee corner in the fenced
northweat line of Greens Prairie Road bears
N 43~ 23' W 23.6 feet, and a pipeline riser
bear& N 67" 41" OS" W 20.3 faat, and a
pipeline sign marking an.Arco pipeline in
t:.he fenced northw~t>t: line of Gree:ns Prairie
:Road bears N 40• 23' 34" E 530.55. feet;
THENCE N 45• 58" 20" W along the i>out:hwest: line ot the beforemcntioncd
749.71 acre tract, adjacen~ to a fence ; £or a distance 0£ 3510.67 feet to the
PLACE OP BEGil\'Nil~G. containing ;;a total of 734. 96 acre& of land. ·more or lese.:,
of which 4.96 acres lies between the described southva~t line and the northwest
fenced line of Greens Prairie Road.
Survcyt!d. Novem\,vr and December. 1989
By:~ 11 ~M.
S. M. Kling
Public Surveyor No. 2003
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-ORl
Block 20.
Reasons for Discharge
Summary
The activity associated with this project involves impacting approximately 5.89 acres of waters of the United States,
including wetlands, within the approximately 735-acre Crowley tract. Proposed impacts to waters of the United States,
including wetlands, within this property are associated with the construction of roads, drainage ditches, stormwater
detention areas, and impounded waters. These infrastructure improvements are necessary to develop this tract into a
mixed-use master planned development consisting of single and multi-family residential uses, commercial uses,
institutional uses, and recreational uses which integrate open space and nature preserves throughout this development.
The development will preserve the natural green way of Spring Creek in accordance with the City of College Station's
Greenways Master Plan dated February, 1999. The green ways will incorporate a hike and bike trail system suitable for
use as alternative transportation in all types of weather. The trail system will include water stations, lighting, restrooms
and rest areas such as picnic tables. Although portions of the overall land plan for this site may change as the proposed
development is finalized, proposed impacts to waters of the United States, including wetlands, will remain the same. Of
the 5.89 acres of waters of the United States impacts, approximately 3.13 acres include impacts to Spring Creek and the
associated tributaries, while approximately 2.76 acres include impacts to wetlands located on this property. Proposed
impacts are illustrated in the attached Exhibits 6 through I 0.
Waters of the United States, Excluding Wetlands
As illustrated on the attached exhibits which detail proposed conditions (Exhibits 6 through 10), approximately 0.85 acre
of Spring Creek is proposed to be impacted. The northernmost approximately 2,700 feet (0.75 acre) of Spring Creek is
proposed to be replaced by an earthen man-made drainage channel having an approximately 30 foot bottom width with
6: I side slopes; a concrete channel is not proposed for this area. Exhibit 11 illustrates a typical cross section of the
proposed man-made drainage channel along Spring Creek. As illustrated in Exhibit 10, the upstream drainage channel
will bypass an approximately 500 foot (0.14-acre) section of Spring Creek. This 500 foot section of Spring Creek wi ll
no longer receive normal flow from Spring Creek; however, the natural channel will remain intact. Although it is
anticipated that the surrounding drainage area will continue to provide a source of water to this area, the acreage of this
area has been included in the total acreage of proposed impacts. Additionally, approximately 350 feet (0.10 acre) of
Spring Creek will be impacted by two road crossings; each of these road crossing will be constructed over box culverts
in order to facilitate the movement of aquatic organisms through Spring Creek and to prevent flow restrictions in this
waterway. The cross section of the southernmost crossing of Spring Creek is illustrated in Exhibit 12. The remaining
approximately 5,450 feet (1.50 acres) of Spring Creek will not be impacted by the proposed project.
Tributary I, totaling approximately 2, 100 feet (0 .3 9 acre), is proposed to be replaced by an earthen man-made drainage
channel. This drainage channel, illustrated in Exhibit 10, will have an approximately 10 foot bottom width with 6: 1 side
slopes and will be allowed to revegetate naturally; a concrete channel is not proposed for this area. Approximately 0.05-
acre of this tributary will also be filled off-site in order to realign the tributary with the proposed man-made drainage
channel. Although Exhibit 11 illustrates the larger channel proposed along Spring Creek, this exhibit represents a typical ·
cross section of the channelization of Tributary 1.
Additionally, approximately 540 feet (0.07 acre) of Tributary 2 is also proposed to be replaced by a man-made drainage
channel, as illustrated in Exhibit 9. Other proposed impacts to this tributary include construction of a dam across the
tributary to create an impoundment at the upstream end of the tributary (Exhibit 8). Approximately 120 feet (0.02 acre)
of the tributary will be filled for creation of the dam in order to impound this area. Impacts to this tributary total
approximately 0.09 acre of fill and 0.05 acres of impoundment. The remaining 3,300 feet (0.45 acres) of this tributary
will riot be impacted by the proposed project.
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-ORJ
Tributary 3, totaling approximately 850 feet (0.12 acres) of stream, will not be impacted by the proposed project (Exhib:
9).
A Flow Restrictor-Culvert will also be added along Tributary 4 just upstream of the confluence of Tributary 5 (total in
approximately .000 l acres of impact). The Flow Restrictor-Culvert is to provide detention by offsetting peak flows b
approximately one-half hour. The detention provided is estimated to be approximately 41 acre-feet. At the upstream en
of Tributary 4, a dam serves to impound water adjacent to the southwestern boundary of the property (Exhibit 1:
Currently, water from the impoundment drains around each side of the dam into Tributary 4. Plans include filling th
drainages, totaling 650 feet (0.09 acres), around each side of the dam and creating one outlet for water to flow from th
impounded area into Tributary 4. Additionally, as illustrated in Exhibits 8 and 9, a sanitary sewer line will cross Tributar
4 at four locations; this includes an area approximately 2,000 feet south of the confluence of Tributary 4 with Spring Cree
and an area adjacent to the west side of proposed State Highway 40, where the sanitary sewer line will cross Tributar
4 three times. A total of 0.03 acre of this tributary will be temporarily impacted during placement of the sanitary sewe
line below the tributary. Although the tributary will be restored to natural grade once the sanitary sewer is in place, th
0.03 acre of temporary impacts have been included in the total acreage of proposed impacts. An easement will b
maintained along the sanitary sewer line for ease of access if necessary. The remaining 8,500 feet (1.94 acres) of thi
-tributary will not be impacted by the proposed project. A corridor of natural vegetation will be preserved along both side/
of this tributary; however, some underbrushing may be conducted within this corridor to accommodate the proposed ~
system and alternative transportation. "'-.......:
Impacts to Tributary 5 include approximately 130 feet of fill for the construction of a road crossing near the upstream en(
of the tributary (Exhibit 7). As with the other road crossings proposed for this site, this crossing will be constructed ove
box culverts to prevent flow restrictions as well as to facilitate the movement of aquatic organisms through this tributary
In addition, similar to Tributary 4, approximately 30 feet of Tributary 5 will also be temporarily impacted for th •
placement of a sanitary sewer below this tributary (Exhibit 7). Although this tributary will also be restored to natura
grade once the sanitary sewer is in place, these impacts have been included in the total impacts for this tributary. Th•
remaining approximately 3,300 feet of this tributary will not be impacted by the proposed project. Similar to Tri but~
4, a natural corridor with some underbrushing will also be preserved along Tributary 5.
The 2.47-acre impoundment located along Tributary 4 at the southwestern property boundary is proposed to be used fo
stormwater detention during periods of heavy rainfall. To create the additional storage capacity in this impoundment
the normal high water level of the impoundment is proposed to be lowered approximately 2 feet. Exhibit 7 illustrates th t
proposed impacts to this impoundment. It is estimated that lowering the elevation of the impoundment will decrease th(
size of the impoundment to approximately 0.91 acre, decreasing the overall size of this impoundment by 1.56 acres. Thi:
1.56 acre decrease in size has been included in the total acreage of impacts. The area surrounding the impoundment ma:
be developed into a park, and the surrounding area may remain natural and be left to develop an interface, or wetlanc
fringe area. The difference in acreage resulting from lowering the water surface elevation and the acreage of the existint
wetland fringe have been included as proposed impacts.
Wetlands
Wetland impacts totaling approximately 2. 76 acres are proposed for the purpose of infrastructure improvements associatec
with this development. Wetland areas which are proposed to be impacted in their entirety include Areas A, B, C, D, E
F, K, L, M, and N. Exhibit 13 illustrates a typical cross section of fill to be placed within a wetland area.
Wetland Areas A (0.48-acre), B (0.69-acre), D (0.02-acre), and E (0.18-acre), located near the northern corner of thl
property, are proposed to be filled for the purpose of road construction (Exhibit l 0). Area C (0.18-acre), located al on!:'
Spring Creek near the northeastern property boundary, is proposed to be excavated for the construction of a detentior
basin (Exhibit 10). Area K (0.20-acre), located immediately west of Tributary 4, is proposed to be filled for the purpose
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-ORJ
of development (Exhibit 8). Area F, a 0.19-acre wetland area located within the Conservation Reserve area, will also be
impacted (Exhibit 10). This area will be impacted for the purpose of construction of a drainage channel which will replace
Spring Creek. The drainage channel will have an approximately 30 foot bottom width with 6: 1 side slopes.
In addition, Wetland Areas L, M, and N, the wetland fringe located along the edges oflmpoundment 1, may be impacted
by lowering the water level of this impoundment and by removing the berm which impounds this area (Exhibit 7).
Although the acreage of Areas Mand N has been included .in the total acreage of impacts, ifthe area surrounding the
impoilndment is developed as a park, it is anticipated that this wetland fringe may remain in place since this area will still
receive water during periods of heavy rainfall.
Wetland Areas G, H, I, and J totaling 0.86 acre, will not be impacted by the proposed project.·
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR)
LOCATION
0
SCALE IN FEET
soo·
INSET B
<EXHIBIT 8>
LEGEND
- -WATERS OF THE UN I TEO STA TES
WATERS OF THE UNITED STATES TO BE IMPACTED
WETLANDS TO REMAIN
WETLANDS TO BE IMPACTED
-----PROJECT BOUNDARY LI NE
- - - -INSET BOUNDARY LI NE
----SANITARY SEWER
~ )
J T
)
z u 0
BASE UAP SOURCE• WETLAND DELINEATION EXHIBIT, 'PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED STATES ANO WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT,' AUGUST 1997. VERIFIED
BY THE USACE ON FEBRUARY 18, I 99B, PROJECT NUMBER 1997004 76.
~ 1----------------------~----------------------g, PURPOSE•
g:: The purpose of this project Is to create a mixed use
~ development to Include slnQle ond rn.iltl-foml ly ~ residential uses, corrmerclol uses, lnstltutlonol
E A R E c
:: uses, ond recreot I ono I uses, OS we I I OS I nteQroted A t"qco /NT£RNAT/ONAL L TO. COMPANY
H
' nature preserves and storm water detention foci I ltles.1-----------------------
~ SUBMITTED BY• SITE• 735-ACRE CROWLEY TRACT
-~ T 11.1 CROWLEY LOCAT I ON1 COLLEGE ST AT I ON .. :g CROWLEY DEVELOPMENT CORPORATION COUNTY• BRAZOS COUNTY. TEXAS
3 CHEVRON TOWER AUCUST, 1999 PR p g:: 1301 UCKINNEY, SUITE 3500 LJA PROJECT NO. 4591-9811 0 OSED CONDITIONS
,, HOUSTON, TEXAS 77010 EARTH TECH PROJECT N0.104()10 INSET A EXHIBIT 7
LOCATION
0
SCALE IN FEET
soo·
INSET A
<EXHIBIT 7>
~ ,.
LEGEND
WATERS OF THE UNITED STATES
WATERS OF THE UNITED STATES TO BE 11.f>ACTED
WETLANDS TO REl.IAIN
WETLANDS TO BE 11.f'ACTED
-----PROJECT BOUNDARY LINE
- - - -INSET BOUNDARY LI NE
----•SANITARY SEWER
z 0 0
BASE MAP SOURCE• WETLAND DELINEATION EXHIBIT, 'PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED STATES ANO WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT,' AUGUST 1997. VERIFIED BY THE USACE ON FEBRUARY 18, 1998, PROJECT Nl.A4BER 199700476,
~t----------------------.---------------------~ ~ PURPOSE•
~ The purpose of this project Is to create o mixed use
~development to Include sln91e ond rrultl-fomlly
~ resldentlol uses, comnerclol uses, lnstltutlonol
E A E c H
: uses, ond recreotlonol uses, os well os lnteQroted A-rqco/NTERNATIONAL LTD.COMPANY'
.:. noture preserves ond storm woter detent I on foe I I It I es.._--------------------
"' ~ SUBMITTED BY•
MA. T I I.I CROWLEY
~ CROWLEY OEVELOPUENT CORPORATION ~ CHEVRON TOWER ~ IJOI MCKINNEY, SUITE JSOO ~ HOUSTON, TEXAS 77010
AUCUS T, 1999
LJA PROJECT HO. 45~-9811
EARTH TECH PROJECT HO. 10.COIO
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY• BRAZOS COUNTY, TEXAS
PROPOSED CONDITIONS INSET B EXHIBIT 8
LOCATION
0 500'
SCALE IN FEET
LEGEND
WATERS OF THE UNITED STATES
WATERS OF THE UNITED STATES TO BE IMPACTED
WETLANDS TO REMAIN
l~l WETLANDS TO BE ll.IPACTED
-----PROJECT BOUNDARY LINE
INSET BOUNDARY LINE
PROPOSED DRAINACE CHANNEL
---SANITARY SEWER
z C> 0
BASE MAP SOURCE• WETLAND DELINEATION EXHIBIT, 'PRELiMINARY DETERMINATION OF THE WATERS OF THE UNI TEO STATES ANO WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT," AUGUST 1997. VERIFIED BY THE USACE ON FEBRUARY 18, 1998, PROJECT NUMBER 199700476.
~ PURPOSE• f The purpose of this project Is to create o mixed use
:'.: development to Include slnole and rnJltl-fanl ly
/ residential uses, comnerclol uses, Institutional
E A R E c H
;; uses. ond recreot I ono I uses, OS we I I OS I nteoroted A t-qco INTERNATIONAL L TO. COMPANY ~ nature preserves and storm water detent I on foe I I It I es.I----------------------
~ SUBMI TTEO BY• ... ~ TIU CROll'l.EY
~ CROll'l.EY DEVELOPMENT CORPORATION ~ CHEVRON TOWER
~ 1)01 UCKINNEY, SUITE )500
~ HOUSTON. TEXAS 77010
AUCUS T, 1999
LJA PRMCT NO. -4591-9811
EARTH TECH PROJECT NO. 10.COIO
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY• BRAZOS COUNTY, TEXAS
PROPOSED CONDITIONS INSET C EXHIBIT 9
LOCATION
0
SCALE IN FEET
500'
INSET C
(EXHIBIT 9>
LEGEND
WATERS or THE UNITED STATES
WATERS or THE UNITED STATES TO BE IMPACTED
WETLANDS TO REMAIN
WETLANDS TO BE IMPACTED
-----PROJECT BOUNDARY L 1 NE
- - - -INSET BOUNDARY LI NE
PROPOSED DRAINAGE CHANNEL
----SANITARY SEWER
z 0 0
BASE UAP SOURCE• WETLAND DELINEATION EXHIBIT, •PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED STATES ANO WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT,· AUGUST 1997. VERIFIED BY THE USACE ON FEBRUARY I 8, 1998, PROJECT NWBER 1997004 76.
d t-------------------------.----------------------~ ~ PURPOSE•
~ The purpose of this project Is to create a mixed use
::'.: development to Include sln<Jle and rrultl-fanl ly
~ restdenttol uses, comnerctol uses, lnstltuttonol
: uses, and recreotlonol uses, as wel I as lnteQroted
E A R E c H
A rqco INTERNATIONAL LTD. COMPANY
..'.. nature preserves and storm water detent I on foe r I It I es.1------------------------
"' "' .. SUBMITTED BY1
-t.tR. TIM CROWLEY ~ CROWlEY DEVELOPMENT CORPORATION 0 ci CHEVRON TOWER
~ 1301 MCKINNEY. SUITE 3500
~ HOUSTON, TEXAS 77010
AUGUST, 1999
LJA PROJECT NO. ~591-9611 EARTH TECH PROJECT NO. l~OIO
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY• BRAZOS COUNTY, TEXAS
PROPOSED CONDITIONS INSET D EXHIBIT 10
290
285
280
275
270
265
260
255
250
LOCATION
SCALE• I' •I 00' HOR.
I' •IO' VER.
0+00 I +00 2+00 3+00 4+00
LEGEND
L::<>: :.·;~d PROPOSED FI LL
~ PROPOSED EXCAVATION
-
FILL BELOW NORMAL HIGH WATER MARK
NOTE• THIS EXHIBIT ILLUSTRATES A CROSS SECTION OF PROPOSED INFRASTRUCTURE IMPROVEMENTS ALONG SPRING CREEK. THIS CREEK, AS W€LL AS TRIBUTARY I ANO A PORTION OF TRIBUTARY 2 ARE PROPOSED TO BE CHANNELIZED FOR THE PURPOSE OF CONVEYING STORt.AWATER DRAINAGE OFF THIS SITE. THIS REPRESENTS ~ A TYPICAL CROSS SECTION ALONG THESE AREAS PROPOSED FOR CHANNELIZATION.
0
0 ~ PURPOSE•
~ The purpose of this project Is to creote o mixed use
3 development to Include slnole ond m..iltl -fcmlly
/ resldentlol uses, comnerclol uses, lnstltutlonol -
E A R E c H
: uses, ond recreotlonol uses, os wel I os lnteoroted A r~c:Cl/NTERNATJONAL LTD.COMPANY
• noture preserves ond storm wot er detent I on foe I I It I es.1--------------------------... "' ... ->< "' 0 ..,
0 a: Q.
/
SUBMI TTEO BY•
Lit. TIM CROIJLEY
CROWLEY DEVELOPMENT CORPORATION
CHEVRON TOWER
1301 MCKINNEY, SUITE 3500
HOUSTON, TEXAS 77010
AUCUST, 1999
LJA PROJECT NO. ~591-9811
EARTH TECH PROJECT NO. I0-40CO
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY• BRAZOS COUNTY, TEXAS
TYPICAL CROSS SECTION
CHANNELIZATION OF CREEK EXHIBIT I I
z u 0
285
280
275
270
IZl1--
.···."·."/
I'\
j\ )
J
-
265~-4-~-i---4--~~--H-~~~~~---+-~~---+-~~~ -- --
260
255
250L----'-~"'----'-~~--'-~"'----'-~...__~~...__~~...___,
0+00
TEXAS *
LOCATION
SCALE• 1• • 100' HOR.
1· • 10' VER.
I +00 2+00 3+00 4+00 5+00
LEGEND
j:.\:_;:_.: :_-;:"d PROPOSED FI LL
~ PROPOSED EXCAVATION
-
FILL BELOW NORMAL HIGH WATER MARK
6+00
NOTE• THIS EXHIBIT ILLUSTRATES A CROSS SECTION OF A PROPOSED ROAD CROSSING OF SPRING CREEK. ALTHOUGH THE NUMBER OF BOX CULVERTS VARIES. THIS ILLUSTRATES A TYPICAL CROSS SECTION OF SEVERAL ROAD CROSSINGS PROPOSED FOR THIS DEVELOPMENT.
~S~ ~P-U_R_P_O_S_E_•--------------------..---------H--@)-----------~
•. The purpose of this project ts to create a mixed use E A R T E C H
development to Include slnQle and rrultt-fomlly
restdent tol uses, corrrnerclol uses, lnstltutlonol
;; uses, ond recreot I ono I uses, OS we I I OS I nteQroted A rqco IN TERNA T/ONAL L ro. COMPANY ~ nature preserves and storm water detention foci 1 ltles.J-----------------------
~ SUBMITTED BY•
_ MR. TIM CROWlEY
~ CROWlEY DEVELOPMENT CORPORATION £l CHEVRON TOWER
~ 1301 t.IC~INNEY. SUITE 3500
~ HOUSTON. TEXAS 77010
AUGUST, 1999
LJA PROJECT NO. ~591-9811
EARTH TECH PROJECT NO. 1°'4040
SITE• 735 -ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY• BRAZOS COUNTY, TEXAS
TYPICAL CROSS SECTION ROAD CROSSING EXHIBIT 12
z I.)
0
285
280
275 r---_
270
265
260 0+00
285
280
275
270
265
260 6+00
LOCATION
SCALE• 1 • • I 00' HOR.
1· • 10' VER.
Nt£AT
"'""~ --
r--.... '""'---.....:.......-: ..
"~
I +00 2+00
7+00 8+00
•ATl./RloL (i/QJll(J \
\ -,. ..• ..
~ i----/NI\,'":'/ . ~
3+00 4+00 5+00
ll/£A 'Ir
t •#'Jt<
9+00 IQ+QQ I I +00
LEGEND
L:::::.;:_.: :_:::.::I PROPOSED FI LL
~ PROPOSED EXCAVATION
-
FILL BELOW NORMAL HIGH WATER MARK
NOTE• THIS EXHIBIT ILLUSTRATES A CROSS SECTION OF PROPOSED FILL TO BE PLACED IN WETLAND AREAS A ANO B FOR THE PURPOSE OF ROAD CONSTRUCTION. THIS REPRESENTS A TYPICAL CROSS SECTION THROUGH WETLAND AREAS WHICH ARE PROPOSED TO BE FILLED.
d ~---------------------~---------------------~ t: PURPOSE•
~ The pu-pose of this project Is to creote o mixed use
8 development to Include slnole and multl-fomlly ~ resldentlol uses, comnerclol uses, lnstltutlonol
E A R E c
: uses, ond recreot I ono I uses, OS we I I OS I nteoroted A t-qco INTERNATIONAL LTD. COMPANY
H
' notu-e preserves ond storm water detention foci I I ties •. ~----------------------
~ SUBMITTED BY• SI TE• 735-ACRE CROWLEY TRACT
-~. T It.I CROWLEY ~ CROWLEY DEVELOPMENT CORPORATION 0 d CHEVRON TOWER
~ 1)01 t.ICllNNEY, SUITE 3500
"' HOUSTON, TEXAS 77010
AUCUST, 1999
LJA PROJECT NO. ~591·9811
EARTH TECH PROJECT NO. 1~040
LOCATION• COLLEGE STATION
COUNTY• BRAZOS COUNTY, TEXAS
TYPICAL CROSS SECTION
FILL OF WETLAND AREAS EXHIBIT 13
2B-I 38. 06 Ac. • Conservation Reserve Open Space
Approx. 33.0 Ac. • Deed Restricted Natural Area
LEGEND
~ WATERS OF THE UNITED STATES
WETLANDS
CONSERVATION RESERVE
DEED RESTRICTED NATURAL AREA
LOCATION PROJECT BOUNDARY LINE
0 1400'
SCALE IN FEET
z ..,
0
ti
BASE MAP SOURCE• WETLAND DELINEATION EXHIBIT. •PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED
STATES ANO WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT,' AUGUST 1997. VERIFIED BY THE USAGE ON FEBRUARY I B. 1998. PROJECT NUMBER 199700476.
> !--------------------------.-----------------------~ ~ PURPOSE• 8 The purpose of th Is project Is to create o ml xed use n development to Include slnc;,le ond rrultl-fanl ly ~ resldentlol uses. conmerclol uses, lnstltutlonol
E A R E c H
:;; uses. and recreot I ono I uses. OS we I I OS I nteoroted A rqco INTERNATIONAL L TO. COMPANY
~ nature preserves and storm water detention foci 1 ltles •. ._-----------------------
N .. SUBMITTED BY•
;;;; I.ft. TIM CROWlEY :g CROWlEY DEVELOPMENT CORPORATION
ci CHEVRON TOWER
~ 1301 MCKINNEY, SUITE 3500
"' HOUSTON, TEXAS 77010
AUCUST, 1999
LJA PRO...E:CT NO. 4591-9811
EARTH TECH PRO...E:CT NO. 1040IO
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY• BRAZOS COUNTY. TEXAS
PROPOSED MITIGATION
AREAS EXHIBIT 14
WETLANDS
A 0.48 0.48 acre fill
B 0.69 0.69 acre fill
c 0.18 0.18 acre excavation
D 0,02 0.02 acre fill
E 0.18 0.18acre fill
F 0.19 0.19 acre excavation
G 0.12 no impact no impact
H 0.65 no impact no impact
0.01 no impact no impact
0.08 no impact no impact
K 0.20 0.20 acre fill
L 0.04 0.04 acre fill
M 0.45 0.45 acre draining
N 0.33 0.33 acre draining
Total Wetlands 3.62 Total Wetland Impacts: 2.76 1.61 acres fill, 0.37 acre excavation, 0. 78 acre
draining
WATERS OF THE UNITED ST A TES, EXCLUDING WETLANDS
Spring Creek
Tributary I
Tributary 2
Tributary 3
Tributary 4
Tributary 5
lmpoundment I
Total Waters,
excluding
wetlands
Total Waters,
including
wetlands
2.35
0.39
0.59
0.12
2.06
0.24
2.47
8.22
11.84
0.85 acre
0.44 acre
0.14 acre
no impact
0.12 acre
0.02 acre
1.56 acre
Total Waters Impacts: 3.13
TOT AL IMP ACTS:
5.89ACRES
The above listed impacts are illustrated in Exhibits 6 through 10.
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE
0. 71 acres fill, 0.14 acre draining
0.39 acres fill on-site, 0.05 acres fill off-site to
realign tributary
.09 acres fill, 0.05 acres impoundment
no impact
0.09 acre fill, 0.03 acre temporary excavation
0.017 acre fill, 0.004 acre temporary excavation
draining
1.35 acres fill, I. 70 acres drained, 0.05 acres
impoundment, 0.03 acre temporary excavation
2.96 acres fill, 0.37 acres excavation, 2.48 acres
draining, 0.05 acres impoundment, 0.03 acre
temporary excavation
(Proponent: CECW-ORJ
Block 24.
Names and Addresses of Adjoining Property Owners, Lessees, Etc.,
Whose Property Adjoins the Waterbody
Gary Seaback
c/o G&S Investments
4245 Wellborn Road
Bryan, Texas 77801
Ester Jane Grant McDougal
4150 Shadowbrook Circle
College Station, Texas 77845-8299
City of College Station
P.O. Box 9973
College Station, Texas 77842
GTE Southwest, Inc.
GTE Telephone Operations
P.O. Box 152206
Irving, Texas 75015
W.A. and Beverly J. Furrer Dunlap
Patricia J. Vogel and Thomas L. Brown Jr.
2612 Spicewood
College Station, Texas 77845
Stephen Roliard
4224 State Highway 6
College Station, Texas 77845
Anna M. Ferguson Trust
Northwest Bank Texas, South Central
Trust Department
P.O. Box 1458
Victoria, Texas 77902
Edward Froehling
3887 High Lonesome
College Station, Texas 77845
E. Boswell Porter and Robert P. Wood
304 Post Office
Bryan, Texas 77801
Texas Department of Transportation
Bryan District
1300 North Texas Avenue
Bryan, Texas 77803
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR)
Introduction
Mitigation Proposal
Crowley Tract
\total of 11.84 acres of waters of the United States, including wetlands, were identified and delineated on the Crowley
ract; the delineated wetlands on this site were subsequently verified by the U.S. Anny Corps of Engineers. Open water,
;treams, and tributaries account for 8.22 acres on this site while wetland areas comprise the remaining 3.62 acres of waters
)f the United States on this property.
A. total of 5.89 acres of impacts to waters of the United States, including wetlands, would occur on the approximately 735-
acre Crowley tract as a result of the design and implementation of the mixed use, master planned development proposed
for this site. Specifically, the development of this property will result in 3 .13 acres of impacts to open water or stream
areas while 2. 7 6 acres of impacts will result from impacts to wetland areas.
Mr. Tim Crowley, owner of the Crowley tract, has been diligent in the practice of avoidance and minimization of impact;
to waters of the United States on this property. To this end, Mr. Crowley is avoiding or minimizing impacts to 50% (e.g.,
5.95 acres) of the total acreage of waters of the United States on this property. These 5.95 acres include the following.
A. Avoidance oflmpacts
The following waters of the United States, including wetlands, will be avoided:
... Wetland Areas G, H, I, and J for a total acreage of 0.86 acres (or 24% of the 3.62 acres of identified wetlands on
this site).
Area G: 0.12 acre
Area H: 0.65 acre
Area I: 0.01 acre
Area J: 0.08 acre
... Tributary 3 totaling 0.12 acres in size.
... Tributary 4 between proposed State Highway 40 and Spring Creek. An in-line detention basin originally proposed
in this area has been redesigned off-line so that impacts to this riparian corridor between State Highway 40 and
Spring Creek could be avoided. The off-line detention basin will be located between Spring Creek and Tributary
1, near the northern boundary of the property. Although relocating the proposed detention further downstream will
result in the loss of a greater amount of otherwise developable land, this off-line detention system will prevent
localized flooding on the site and aid in maintaining, to the extent possible, the current conditions along Spring
Creek, as well as the other tributaries on this property, without the need to channelize much of these areas.
B. Minimization of Impacts
Impacts to all open waters, streams, and tributaries will be minimized on this property. By minimizing impacts to these
areas, such impacts account for only 3.13 acres (or 38%) of the 8.22 acres of such waters of the United States on this
property. Tributary 3 will not be impacted, and only a small portion of Tributaries 4 and 5 will be impacted for the
purpose of a road crossing, sanitary sewer crossings, and a flow restrictor culvert. Impacts to the tributaries from the
sanitary sewer crossings will only be temporary since these areas will be restored to natural grade once the sanitary sewer
line is in place.
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-ORI
[I. Mitigation for Impacts to Waters of the United States, including Wetlands
~lthough Mr. Crowley is avoiding and/or minimizing impacts to 5.95 acres of waters of the United States, including
.vetlands, located on this property, Mr. Crowley has determined that it is not feasible and/or practicable (for development
purposes) to avoid or minimize impacts to the 5.89 acres which are proposed to be impacted. As previously mentioned,
:tll wetland areas which would be partially impacted by the infrastructure improvements associated with this development,
or which are located within a tract to be developed, are considered (for the purpose of this permit application) as
completely impacted since these wetlands would most likely be degraded or eliminated due to secondary impacts. In
addition, wetland areas which will be only temporarily impacted for the purpose of sanitary sewer construction are also
included in the proposed acreage to be impacted. As detailed below, Mr. Crowley proposes to preserve, in perpetuity,
a total of approximately 71.06 acres of riparian habitat on this property.
A total of 38.06 acres of riparian habitat will be preserved through the creation of a Conservation Reserve on the Crowley
tract. This Conservation Reserve, as illustrated in Exhibit 14, consists of a heavily wooded riparian corridor surrounding
Tributary 2 and a portion of Spring Creek located to the north of proposed State Highway 40 which traverses roughly the
center of the Crowley tract. This Conservation Reserve is the result of a cooperative effort between Mr. Crowley and the
Texas Department of Transportation (as well as regulatory agencies such as the U.S. Fish and Wildlife Service) in
conjunction with the development of the currently proposed State Highway 40 through the Crowley tract. 1bi~
Conservation Reserve consists of 38.06 acres of riparian habitat which will be preserved and enhanced by TxDOT for the
purpose of safeguarding the actual plants and the habitat of the Navasota ladies 'tresses (Spiranthes parks ii), a federally
endangered species of plant. Navasota ladies 'tresses were previously identified in the proposed State Highway 40 right-
of-way as well as on other areas of the Crowley tract. According to the USFWS, this Conservation Reserve will provide
suitable mitigation for impacts to Navasota ladies 'tresses resulting from the proposed State Highway 40 project as well
as the Crowley development. The majority of the Navasota ladies 'tresses plants identified on the Crowley tract, as well
as the most suitable habitat for this plant, are located within the area now designated as the Conservation Reserve.
Wetland Area G will be preserved, in perpetuity, through the creation of the 38.06 acre Conservation Reserve on the
Crowley tract (Exhibit 9).
Tributary 3, a portion of Tributary 4, a portion of Spring Creek, Wetland Areas H, I, and J, and the surrounding riparian
corridor will be preserved by means of deed restricting this approximately 33.0-acre area. This property, as illustrated
in Exhibit 14, may at some point be deeded, or donated, to the City of College Station or another entity if Mr. Crowley
so chooses. Not only would this area be preserved, in perpetuity, but secondary impacts resulting from development of
the Crowley tract to Tributary 3, as well as a portion of Tributary 4, a portion of Spring Creek, and Wetland Areas H, I,
and J would be minimized or totally eliminated. Aside from preserving these tributary, stream, and wetland features, this
riparian corridor would remain in tact and would actually link to the riparian corridor established by the Conservation
Reserve on this property. The net effect would create a contiguous riparian corridor area of approximately 71.06 acres
in size (approximately 33.0-acre deed restricted natural area plus 38.06-acre Conservation Reserve) ori the Crowley
property.
Tree species observed in this riparian corridor included, but were not limited to, the following:
• Post oak (Quercus stelata)
• Water oak (Quercus nigra)
• Black willow (Salix nigra)
• Honey-locust (Gleditsia tricanthos)
• American elm (Wmus americana)
• Winged elm (Ulmus alata)
• Cedar elm (Wmus crassifolia)
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-ORl
•• Flowering dogwood (Cornusjlorida)
• Common hackberry (Ce/tis occidenta/is)
~ Yaupon (flex vomitoria)
• Parsley hawthorn (Crataegus marshal/ii)
Potential impacts to the deed restricted natural area along Tributary 3, Tributary 4, and Spring Creek may include, at some
future poi.pt in time, a hike and bike trail system described in the Summary of Block 20 (which will be designed to have
a low impact on the environment) and/or the placement of picnic tables in some areas. The potential hike and bike trail
may include crossings of Spring Creek and the associated tributaries; however, impacts to the tributaries (i.e., placemen1
of structures associated with the crossing) will be limited to above the normal high water line of Tributary 4. Most trail
system improvements within the deed restricted area would primarily be located along the fringe of the deed restrictec
area adjacent to other developed areas on this site. While selected removal of understory may occur near these trail areas
this riparian corridor would otherwise be preserved in its natural state to the maximum extent possible in accordance witl-
the City of College Station's Greenways Master Plan. A sanitary sewer line will cross Tributary 4 at four locations, a~
illustrated in Exhibits 8 and 9. Although the tributary and the deed restricted riparian corridor along the sanitary sewe1
easement will be temporarily impacted during placement of the line, these areas will be restored to natural grade onc{
construction is complete. It will however be necessary to maintain an easement along the sanitary sewer line to allow fo1
ease of access if necessary. Other than the stated impacts, this approximately 33.0-acre area will be preserved, ir
perpetuity, by filing a Deed Restriction for this area with the Office of the County Clerk, Brazos County, Texas.
Navasota ladies 'tresses areas in the approximately 33.0-acre deed restricted riparian corridor located along Tributary 4
and Spring Creek will be preserved. T~o Navasota ladies 'tresses "zones" were previously identified in this area by Ms
Kathy Parker, Navasota ladies 'tresses specialist. These areas include the area along Spring Creek at the northernmos1
end of the proposed deed restricted area and an area along Tributary 4 near the southern end of the deed restricted area.
These areas, which will be preserved in perpetuity, will serve to safeguard the plants and habitat of the Navasota ladie~
'tresses. By preserving this area, potential primary impacts to this endangered species of plant are basically eliminate(
in this area. However, as previously discussed with the U.S. Fish and Wildlife Service, the Conservation Reserve will
serve as the mitigation for impacts to Navasota ladies 'tresses at this site.
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-ORl
Alternatives Analysis
Crowley Tract
lle project area consists of an approximately 735-acre tract of primarily undeveloped land known as the Crowley tract.
\.t this time, the Crowley tract is proposed as a mixed use development; development of this 735-acre area will include
:ingle and multi-family residential uses, commercial uses, and institutional uses (i.e., elementary school and associated
~ounds). This tract is additionally designed to integrate natural areas such as open spaces, green belts, parks, and trails
nto the overall master plan for this development. The design and construction of supporting infrastructure systems
ncluding roadways, drainage ditches and drainageways, detention areas, and impoundments, as well as water distribution
md wastewater collection systems (and other utilities) are also included in the development of this approximately 735-acre
ract of land.
Though impacts to waters of the United States will total approximately 5.89 acres throughout this development, open
;paces, green belts, parks, trails, and natural areas (including a deed restricted natural area and conservation reserve) will
total, at minimum, approximately 100 acres or 13 percent of the entire 735-acre development.
1. Alternatives
A. How could you satisfy your needs in ways which do not affect wetlands?
The approximately 735-acre Crowley tract has been designed as a master planned development and therefore
maximizes available land use. Reconfiguration of the proposed infrastructure improvements such as roadways
and drainage features could be designed so that affects to wetlands would be minimized or avoided; however,
the overall project concept for this development is seeking to avoid creating "postage stamp" wetland areas.
By impacting waters of the United States as planned and setting aside linked open spaces, green belts, parks,
trails, natural areas, and a conservation reserve containing waters of the United States (including wetlands),
such ecological areas will be concentrated within this development. Concentrated natural areas and contiguous
riparian corridors create a more desirable ecological community as opposed to isolated "postage stamp" wetland
areas which would be subjected to further secondary impacts by adjacent developments.
B. How could the project be redesigned to fit the site without affecting wetlands?
The Crowley tract has been designed in accordance with the City of College Station Comprehensive Plan, to
accommodate the growth trend exhibited by the housing market of the College Station/Bryan, Texas area over
the past several years. An analysis of this geographical market has led to the generation of a Master
Development Plan for this 735-acre tract which balances the demand for both single and multi-family housing
with the desire to increase commercial developments in this area of College Station, Texas. New residential
and commercial business developments will translate into increased opportunities in the service-related
industries (i.e., building and construction-related services, etc.) as well as new employment opportunities for
the College Station/Bryan area workforce.
Avoidance of several waters of the United States areas on the Crowley tract is designed into the Development
Master Plan for this tract of land. In addition, wetland areas G; H, I, and J and Tributary 3 will not be
impacted by the proposed development. Redesign of this project to fit the site by avoiding most or all
impacts to waters of the United States, including wetlands, would not be feasible in many areas in that
avoidance would create numerous small "postage stamp" wetlands (e.g., Area A = 0.4841, Area B = 0.6864
acre, Area C = 0.1790 acre, Area D = 0.0180 acre, Area E = 0.1806, etc.) scattered throughout this site. Lot
sizes could be decreased to avoid impacts to several wetland areas; however, secondary impacts to these
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-ORI
relatively small wetlands would be likely to occur once development proceeds. Also, impacts to waters of the
United States on this tract are necessary to provide, for example, detention and drainage for this area.
Additionally, since nwnerous individual lots are already constrained by necessary infrastructure improvements
such as roadways or drainageways, decreasing lot sizes would minimize the marketability of several of these
lots, especially lots designated for commercial development. Currently, the road network throughout this
development is part of the City of College Station's Thoroughfare Plan and, as such, avoidance of wetlands in
several areas would be difficult while also working toward achieving the goals of the City's Thoroughfare Plan.
C. How could the project be made smaller and still meet your needs?
In conjunction with the City of College Station's Planning and Zoning Commission, the original Maste1
Development Plan for the Crowley tract, submitted to the Commission for review, has been revised several
times. To meet the requirements of the Planning and Zoning Commission, revisions to the Maste1
Development Plan have included:
... decreasing residential acreage (from approximately 403 acres to 370 acres),
decreasing residential density (from 6.3 development units/acre to 5.4 du/acre),
... increasing right-of-way/utility acreage (from 97 acres to 145 acres), and
... incorporating a trail system without barriers to alternative transportation.
Overall, the proposed development has been made smaller but still achieves the project development goals.
Any further minimization of this development would involve a decrease in revenues from anticipated residential
and commercial lot sales based on the acreage of lots to be sold, balanced against estimated per-acre
development costs.
D. What other sites were considered?
I. What geographical area was searched/or alternative sites?
ENG FORM 4345
In 1988-1989, a corridor along both sides of State Highway 6 between Navasota and Hearne, Texas,
was researched to identify large acreage tracts of land for potential investment purposes. The original
search criteria for such a site included the following:
... relative close proximity to the College Station/Bryan, Texas area,
access to and from the College Station/Bryan area via State Highway 6,
acquisition costs less than $1,500 per acre, and
... a size of approximately +500 acres to allow for the creation of a mixed use development.
Only one such site, the site now known as the Crowley tract, met these search criteria.
EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-ORl
2. How did you determine wltetlter other non-wetland sites are available for development in the area?
At the time of the original land acquisition (in 1989), a specific determination as to whether or not other
non-wetland sites were available for development within the search corridor was not made. As
previously mentioned, only one site met the search criteria.
A wetland delineation, and subsequent delineation report (dated August 1997), was conducted and
prepared for the Crowley tract. This delineation report was then submitted to the U.S. Army Corps of
Engineers (USACE), Fort Worth District. The USACE verified the delineated waters of the United
States, including wetlands, on this tract in correspondence dated February 18, 1998.
A total of 8.317 acres of waters of the United States, excluding wetlands, was verified for this site along
with a total of 3.611 acres of wetlands for an overall total of 11 .928 acres of waters of the United States
(including wetlands) on this property. This acreage did not include waters of the United States,
including wetlands, which existed within the State Highway 40 right-of-way that was identified at that
time. Since the USACE verification was issued for this site, the State Highway 40 right-of-way has
been widened slightly; therefore, the total acreage of waters of the United States, including wetlands,
which exist on this site, less the acreage which exists within the new expanded State Highway 40 right-
of-way, is 11.84 acres.
The current proposed impacts to waters of the United States, including wetlands, on the Crowley trac1
is 5.89 acres. Impacts to waters of the United States resulting from the State Highway 40 project will
be submitted to the U.S. Army Corps of Engineers by the Texas Department of Transportation under
a separate permit application package.
3. In recent years, have you sold or leased any lands located wit/tin the vicinity of the project? If so,
why were they unsuitable for the project?
To date, no parcels or lots associated with the Crowley tract have been sold or leased. Purchase
negotiations are currently in progress between Mr. Tim Crowley, owner of the Crowley tract, and the
Texas Department of Transportation (fxDOT) for their acquisition of the right-of-way necessary fo r
the design and construction of State Highway 40 through the Crowley tract.
Mr. Tim Crowley does not have any additional real estate holdings in the general vicinity of the
Crowley tract aside from a one-half interest in 16 acres of land located along the east by-pass around
College Station, Texas. The acreage associated with this property is not comparable to the Crowley
tract as far as a master planned, mixed use development is concerned.
E. What are the consequences of not building the project?
Not developing and/or building this project would cause a significant financial loss to the property owner and
loss of a large tract of land in the growth corridor of the City of College Station. This property was purchased
at a price which anticipated long-term growth trends in the residential and commercial markets of the College
Station/Bryan, Texas area. Additionally, holding this land indefinitely without any type of development on this
property would not generate enough income from, for example, grazing leases or timber sales to regain the
original investment on this land.
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-ORI
1. Comparison of Alternatives
A. How do the costs compare/or the alternatives considered above?
Minimizing lot sizes to avoid or minimize impacts to waters of the United States, including wetlands, for this
mixed use development would have the following results.
Direct Financial Impacts:
... Minimizing impacts to waters of the United States would not change the overall development costs (i.e.,
past, present, and future costs) associated with this project. At this point in time, development costs
associated with this master planned development would be the same regardless of the final size of the
individual lots designed to be sold.
... A decrease in revenue would be recognized if development costs for this project remained the same and
lot sizes decreased, thus decreasing the sale price of the lot or lots.
... Reconfiguring the lot sizes could make several lots less desirable to potential buyers from both a size
and accessibility point of view.
B. Are there logistical (location, access, transportation, etc.) reasons that limit the alternatives considered?
Two of the selection criteria for this tract included access to State Highway 6 and the relative close proximity
of this tract to the College Station/Bryan, Texas area. The internal roadway infrastructure was negotiated
between Mr. Crowley, the City of College Station's Planning and Zoning Commission, and the Texas
Department of Transportation. The internal roadway system integrates the existing roadway system of College
Station into and throughout the Crowley tract as well as ties the College Station roadway infrastructure to both
State Highway 6 and the proposed State Highway 40. As proposed, the internal roadway system on the
Crowley tract establishes and maintains community cohesion as well as access to major and minor roadways
within College Station.
C. Are there technological limitations for the alternatives considered?
There are no technological limitations for the alternatives considered.
D. Are there other reasons certain alternatives are not feasible?
Based on the original selection criteria, only the Crowley tract was considered for this project. Avoidance of
several waters of the United States areas on the Crowley tract is however designed into the Development Master
Plan for this tract ofland. Wetland areas G, H, I, and J and Tributary 3 will not be impacted by the proposed
development. In addition, much of Spring Creek, Tributary 2, Tributary 4, and Tributary 5 will remain
unimpacted by this development. Alternatives such as minimizing or avoiding wetland impacts were
considered in many of the areas which are proposed to be impacted, but were not feasible and/or practicable
in most cases (i.e., Area A and B, etc.).
Also, Mr. Crowley r~alizes that small, isolated pockets of wetlands surrounded by a residential or commercial
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-ORl
..
development would be secondarily impacted and would no longer significantly contribute to the overall ecology
of this area. Therefore, by mitigating for primary and secondary impacts instead of leaving areas of partial
impacts intact (and creating a "postage stamp" wetlands approach) increased ecological benefits to this area
will be derived.
Impacts to waters of the United States (Spring Creek and other tributaries) are necessary to provide detention
and drainage infrastructure to accommodate the developments in this area. The alterations to Spring Creek and
associated tributaries will serve to improve the water quality of the area by providing adequate detention, slow
flows, and prevent flooding following development of the Crowley tract.
III. If you ltave not cltosen an alternative which would avoid wetland impacts, explain:
A. Why was your alternative selected?
The Crowley tract was chosen based on the selection criteria described in Question D. l .
B. What do you plan to do to minimize adverse effects on tlte wetlands impacted?
As currently planned, 5.89 acres of waters of the United States will be impacted by this master planned
development. Though only partial impacts to waters of the United States, including wetlands, may occur in
several of these areas (i.e., Area A, B, and C, etc.), the entirety of each area is included in the acreage of the
impacts since secondary impacts to these remaining areas are likely to occur. Since minimizing impacts to
waters of the United States is not feasible and/or practicable in many areas to implement the development and
associated supporting infrastructure improvements necessary to achieve the goals of this project, maximizing
the open spaces, green belts, parks, trails, and especially the deed restricted natural area and conservation
reserve associated with this project is a top priority.
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-ORl
"" V\ 0 .,
0 er: 0.. /
i
...
0 0 .. u
LOCATION
0 23
APPROXIMATE SCALE IN MILES
BASE MAP SOURCE• TEXAS DEPARTMENT OF TRANSPORTATION,
PURPOSE•
The purpose of this project Is to create o mixed use
development to Include slnQle ond multl-foml ly
resldentlol uses, comnerclol uses, ond lnstltutlonol
uses, os wel 1 os lnteQroted nature preserves ond
storm water detention foci II ties •
SUBM I TTEO BY•
I.fl. T It.I CROWLEY
CHEVRON TOWER
1301 MCKINNEY, SUITE 3500
HOUSTON. TEXAS 77010
APRIL, 1999
LJA PROJECT HO. ~591-9811
EARTH TECH PROJECT HO. 1°"40CO
OFFICIAL TRAVEL MAP 1995.
E A R E c H
A t-qco INTERNATIONAL L TO. COMPANY
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY• BRAZOS COUNTY, TEXAS
GENERAL LOCATION MAP EXHIBIT
z Cl 0
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l\
' '
Coor I
~)
LOCATION
0
'. ..
o. 5
APPROXIMATE SCALE IN MILES
/
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BASE MAP SOURCE• TEXAS DEPARTMENT OF HIGHWAYS ANO PUBLIC TRANSPORTATION ANO U.S. DEPARTMENT OF TRANSPORTATION, GENERAL HIGHWAY MAP, BRAZOS COUNTY, TEXAS, MARCH 1991·
0 ... «:-PURPOSE•
'° N .... The purpose of this project Is to creote a mixed use
development to Include slnole ond multl-foml ly
-resldentlol uses, comnerclol uses, ond lnstltutlonol ~ uses. os wel l os lnteQroted nature preserves ond 0 ~ storm water detention focllltles. ~ CL
;'
' .::
0 0 ~ u
SUBMITTED BY•
~ TUI CROWLEY
CHEVRON TOWER
1301 MCKINNEY, SUITE 3500
HOUSTON, TEXAS 77010
APRIL, 1999
LJA PRO..CCT HO. <4591·9811
EARTH TECH PROJECT HO. 10-4010
E A R £ c H
A t"qco INTERNATIONAL L TO. COMPANY
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY• BRAZOS COUNTY, TEXAS
VICINITY MAP EXHIBIT 2
z u Q
0:. l 0 ,_ .... u
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0
: . ,,, . , I ·--•
·\,, ./( '. ,, L , , . .1
'· J09
LOCATION
2000
SCALE IN FEET
BASE MAP SOURCE1 UNITED STATES GEOLOGICAL SURVEY, 7.5 MINUTE SERIES TOPOGRAPHIC OUAORANGLE, WELLBORN, TEXAS, 1961, PHOTOREVISEO 1980.
~ t--~~~~~~~~~~~~~~~~~~~~~--.~~~~~~~~~~~~~~~~~~~~~~
~ PURPOSE1
"" N ... The purpose of this project Is to create a mixed use
development to Include slnQle and m.iltl -foml ly
; resldentlol uses, conmerclol uses, and lnstltutlonol
~ uses, as wel I as lnteQroted nature preserves and 3 storm water detention foci I ltles.
0: CL
/ SUBM I TTEO BY•
i WR. T 1.M CROWLEY
i:: CHEVRON TOWER
0 1301 MCKINNEY, SUITE 3500
~ HOUSTON, TEXAS 77010
u
APRIL, 1999
LJA PROJECT HO. 4591-9811
EARTH TECH PROA:CT HO. 1040IO
E A R E c H
A ~qco INTERNA T /ONAL L TO. COMPANY
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TEXAS
USGS TOPOGRAPHIC MAP EXHIBIT 3
~~~~~~~~~~~~~~~~~~~~~~---I~~~~~~~~~~~~~~~~~~~~~~
,.
LEGEND
:::::::=::::::: WATERS OF THE UNITED STATES
LOCATION
WETLANDS
0 800
SCALE IN FEET
BASE MAP SOURCE• WETLAND DELINEATION EXHIBIT, 'PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED
~ STATES ANO WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT,' AUGUST 1997. VERIFIED
0 1---------B_Y_T_H_E_u_S_A_CE_O_N_F_E_B_RU_A_R_v_1_e~._19_9_8~,_P_R~O_JE_C_T_N_UM_B_ER_l_99_7_0_0_47_6_. ___________ ~
~ PURPOSE•
~ The purpose of this project Is to creote o mixed use
l'.l development to Include slnQle ond rn.Jltl-foml ly
/ resldentlol uses, comnerclol uses, Institutional
E A R E c H
~ uses, and recreot I ono I uses, as we I I as I nte...,roted * / TER TIO TD c"~P c:' nature preserves and storm water detention f~cl I ltles.i------A-.. _'q._:c._a_N __ NA __ N_A_L_L __ • _u_,.,,_AN_r ___ _
IO N ... SUBMITTED BY1
t.R. TIU CROWLEY ~ CROWLEY DEVELOPMENT CORPORATION ~ CHEVRON TOWER ~ 1301 MCKINNEY, SUITE 3500 ~ HOUSTON. TEXAS 77010
AUCUST, 1999
LJA PROJECT NO. '4591·9811
EARTH TECH PROJECT NO. 10.COIO
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TEXAS
EXISTING WATERS OF THE
U.S., INCLUDING WETLANDS
NORTHEAST PORTION EXHIBIT 4
•
z C> 0
LOCATION
0 800
SCALE IN FEET
EXHIBIT 4 NORTHEAST PORTION
LEGEND
~ WATERS OF THE UNITED STATES
111111111111111111111 WE TL ANOS
-----PROJECT BOUNDARY LI NE
BASE MAP SOURCE• WETLAND DELINEATION EXHIBIT, "PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED STATES ANO WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT," AUGUST 1997. VERIFIED BY THE USACE ON FEBRUARY 18, 1998, PROJECT NUMBER 199700476.
N 1----------------------r-------------------~ ~ PURPOSE1 u ...
"' u
/
0 ....
The purpose of this project Is to create a mixed use
development to Include stnote and rruttl-fcmlty
residential uses, conrnerclol uses, Institutional
uses, and recreational uses, os wel I os lnteoroted
E A R E c H
A -rqco IN TERNA T /ONAL L TO. COMPANY "' . 41> N ....
nature preserves and storm water detent I on foe I I It I es.~-------------------
SUBMI TTEO BY1
-MR. TIM CROWLEY
::;i CROWLEY DEVELOPMENT CORPORATION ~ CHEVRON TOWER ~ 1301 MCKINNEY, SUITE 3500 ~ HOUSTON, TEXAS 77010
AUCUST, 1999
LJA PROJECT NO. 4591·9811
EARTH TECH PRO.E:CT NO. 1040l0
SITE1 735-ACRE CROWLEY TRACT
LOCATION1 COLLEGE STATION
COUNTYa BRAZOS COUNTY, TEXAS
EXISTING WATERS OF THE
U.S., INCLUDING, WETLANDS
SOUTHWEST PORTION EXHIBIT 5
z ..,
0
LEGEND
~ WATERS OF THE UNITED STATES
~~ ADJACENT WETLANDS
LOCATION . PROJECT BOUNDARY LINE
0 o. 25
-----INSET BOUNDARY LINE
SCALE IN MILES
BASE MAP SOURCE• WETLAND DELINEATION EXHIBIT. "PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED STATES ANO WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT," AUGUST 1997. VERIFIED BY THE USAGE ON FEBRUARY I 8, 1998. PROJECT NUMBER 1997004 76. ti. ~ ~P-U_R_P_O_S_E-,--------~-~~-------..r----------@)-----------~
::: The purpose of this project Is to creote o mixed use [ A R H [ C H
~ development to Include slnote ond m.Jltl-foml ly
/ residential uses, conmerclol uses, lnstltutlonol ~ uses, ond recreot I ono I uses. OS we I I OS I nteoroted A ~I/CD IN TERNA T/ONAL LTD. COMPANY
~ noture preserves ond storm woter detention foci I ltles.1-----------------------
N ... SUBMI TTEO 8Y1
-MA. T II.I CROWLEY .. .... 0 .,
~ CL
/
CROWLEY DEVELOPMENT CORPORATION
CHEVRON TOWER
1301 UCKINNEY, SUITE 3500
HOUSTON. TEXAS 770 I 0
AUCUS T, I 999
LJA PROJECT NO. ~591-9811
EARTH TECH PROJECT NO. l~OIO
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY• BRAZOS COUNTY, TEXAS
EXISTING CONDITIONS
SITE OVERVIEW MAP EXHIBIT
DEPARTMENT OF THE ARMY
FORT WORTH DISTRICT, CORPS OF ENGINEERS
P. 0 . BOX 17300
FORT WORTH, TEXAS 76102-0300
REPLY TO
ATTENTION OF· December 16, 2003
Planning, Environmental, and Regulatory Division
Regulatory Branch
SUBJECT: Project Number 199700476
Ms. Heather Niles
Associate Project Manager
PBSJ
1880 S. Dairy Ashford St., Suite 300
Houston, Texas 77077-4760
Dear Ms. Niles:
This is in response to your letter of October 22, 2003, requesting a modification to
Department of the Army permit 199700476 for the construction of a mixed development by
Mr. Tim Crowley, on a 735 acre property located southeast of College Station along Spm:g
Creek in Brazos County, Texas.
We have reviewed and hereby approve your request. Permit Number 1997004 7 6 is modified
as follows:
1. Replace sheets 1 of 12 with sheets 1 of 6, dated December 2003 (enclosed).
2. Replace "December 31, 2003" in General Condition 1 on page one of the permit with
"December 31, 2005".
This modification is effective immediately. All other terms and conditions of the original
permit remain in full force and effect. If you have any questions concerning this letter, please
contact Mr. Barry Osborn at the address above or telephone (817)886-1734.
Sincerely,
/~
11/./;e A. Lea~
Chief, Regulatory Branch
Enclosure
Copies Furnished:
Mr. Robert T. Pine
Supervisor
U.S. Fish and Wildlife Service
10711 Burnet Road, Suite 200
Austin, Texas 78758
-2-
>< "' 0 ...,
0 er Q.
/
... _
0 ~-u
LOCATION
0 23
APPROXIMATE SCALE IN MILES
BASE MAP SOURCE• TEXAS DEPARTMENT OF TRANSPORTATION,
PURPOSE a
The purpose of this project Is to create a mixed use
development to Include slnQle and multl -fonl ly
resldentlol uses, comnerclol uses, and lnstltutlonol
uses, os wel I as lnteQroted nature preserves and
storm water detention foci I I ties .
SUBt.41 TTEO BY•
WR. T I Iii CROWLEY
CHEVRON TOWER
1]01 MCKINNEY, SUITE 3500
HOUSTON, TEXAS 770IO
APRIL, 1999
LJA PROJECT HO. 4591·9811
EARTH -1-ECH PROJEC-T 'HO. I0'40IO
OFFICIAL TRAVEL MAP 1995.
E A R E c H
A t"qco INTERNATIONAL L TO. COMPANY
SI TE• 735-ACRE CROWLEY TRACT
LOCATION1 CQLLEGE STATION
COUNT Yi BRAZOS COUNTY .. P_r_OJ ___ ec_t_N_um __ b_er_l9_9_7_0_0_4_76_,
Sheet 1 of 6 GENERAL LOCATION J)ei;em~ er 200~
z (;)
0
0: ~ ... "' u /
LOCATION
0 2000
SCALE IN FEET
)
(
/
( ,,..
)
/
,~-~--.··
.....
/ I
BASE MAP SOURCE• UNITED STATES GEOLOGICAL SURVEY, 7.5 MINUTE SERIES TOPOGRAPHIC QUADRANGLE, WELLBORN, TEXAS, 1961, PHOTOREV I SEO 1980.
g !-------------------------~----------------------~ ~ PURPOSE•
"' N ... The purpose of this project Is to create o mixed use
development to Include slnQle and m.Jltl-f011lly
; residential uses, comnerclol uses, and Institutional
~ uses, as wel I os lnteQroted nature preserves and
.., storm water de tent I on foe I I It I es. f / SUBMITTED BY1
i MR. TIM CROWLEY
E A R E c
A 'fqco INTERNATIONAL L TO. COMPANY
~ITE1 735-ACRE CROWLEY TRACT
LOCATLO~ COLLEGE STATION
H
COUNTY•. BRAZOS COUNT_,.------------.
;: ~;!~R=K~:::. SUITE 3500 APRIL, 1999 Projett Number 199700476
0 LJA PRO~cr HO. <45'Jl·9611 .. .. . Sheet 2 of 6 3 .._HOU_s_r_OH. __ T_E_x•_s_n_o_•_o _______ c_•R~T.......:'1 TECH Pfio~cr=Ho. IO<COIO USGS TOPOGRAPH ~ C L_ _ _.,;;:.D:..::.e:.:::c..::;~=b:..:er:::.._:2:..:0:..:0:.:3:._ __ -._.
.....
N 0 ~ ..-LL m
E a. (J> ~ c'i
PROPOSED REZ
111.46 ACRES SECTION SI SINQ..£ fAMU..Y 11.5 ACRES
SECTION to saNCl.E FAMILY 14.2 ACRES CURRENT ZONI G "A-0"
PROPOSED ZO ING "PDD-H"
SECTION 11 SlNCl£ f AMIL 'f
10.2 ,4.CRES
FUTURE ~T SEC1lON e 10.0~
SEC110N 7 SF-ESTATE
26.3 ACRE'S
GREENS PR"-"'C 14\UTilRS. LTD. REMAH>ER OF JIS.02 ACRE 'TRACT
VOL 390:S. PG. "
ZONED "A-0"
L-~~---~~---
Legend
Conservation Zone and Deed
Restricted Boundary
Wetlands
~ Spring Creek and its Tributaries
gj7TJI Greenway
0 250 500 1000
SCALE IN FEET
~
1--m -' :c
>< w
w w
fl)
w z
:::i :c u ~ :e
~hone: (281) 493-5100 fax: (281) 493-104 7
PBSJ 1880 S.Dairy Ashford Rd., Ste. 300
Houston, Texas 77077-4760
Exhibit 7A
735-Acre Crowley Property
College Station, Brazos County, Texas
Revised Site Plan
~ Replaces previous Exhibts 7, 8, 9, & 10. Project Number 199700476
Note: ~
~ 'io Applicant: Mr. Tim Crowley Sheet 3 of 6
21.. .......................... mll!,.. .. ~----~~~;._llllll!l!l~A~e~nt~:~P~B~S~&~J------..J. ... ...mD~. ;ec~em--bmerii.i2~0~9·3 ..... ~
·, .... -:· .,.
E a. aJ ~ M
Legend
Conservation Zone and Deed
Restricted Boundary
Wetlands
Spring Creek and its Tributaries
Greenway
t
'
c 0) ... -m -:c >< w -, w ) ,, , w
J fl)
" w i z -... :c (.)
~ :E
0 250 500 1000
SCALE IN FEET
F1BS~ 1880 S.Dairy Ashford Rd., Ste. 300 a Houston, Texas 77077-4760
_. .. ,... Phone: (281) 493-5100 fax: (281) 493-1047
Exhibit 8A
735-Acre Crowley Property
College Station, Brazos County, Texas
Revised Site Plan
~ Replaces previous Exhibts 7, 8, 9, &_10. Project Number 199700476
Note: ~
~ 'io~ -Applicant: Mr. Tim Crowley Sheet 4 of 6 ·'''''"'~,_ ... _.l!ll!,-_l!!l-~lll!.,!!\l!, .. !1!1.,.1!1!!.,0., ... !!1!_,,•,.,l!llJ_ll!l __ .. 11!1,.,,lllJl,""., .. 1111!1~1!11.,.• __ lllJl_,!11!1!_, .... .._. ... ~~~-ll!!!J!l!!!.--lll!illiil';-__ ~A~e:n~t:-.:;P~B~S:&~J-~-..l--iiDi.liE:!llCemiiiiblll_ ..erli_ll2lll0•0·3·--
..... N 0 ..,. ..... IL m
E Q. O> ..,.
(.)
~ .... -·' m -:c >< w
w w ti)
w z
Legend
Conservation Zone and Deed
Restricted Boundary
Wetlands
Spring Creek and its Tributaries
Greenway
0 250 500 1000
SCALE IN FEET
fJBSJ 1880 S.Dairy Ashford Rd., Ste. 300
I Houston, Texas 77077-4760
_. .. ,... Phone: (281) 493-5100 fax: (281) 493-1047
Exhibit 9A
735-Acre Crowley Property
College Station, Brazos County, Texas
Revised Site Plan
~ Replaces previous Exhibts 7, 8, 9, & 10. Project Number 199700476
Note: ~
2 l;.0 -· Sheet 5 of 6 ,, Applicant: Mr. Tim Crowley
21.. .......................... mll'!"~!!llilm----.-.... ~~i .... ..il..;A~·~en~t-._..:;.P~.B~S:&J~-~-~-·--.;,....1111i .. iD•~•ce.mm.iblillilierm2mOm.Om,3m,lllilllil•
·-·'-,.. • "' ~ -~ f•
E a. ..... ~ ~ .
("') 0 0 N
Approx. 33.0 Ac.
Deed Restricted
Natural Area
V!bZ7!//lZZ2
f//ll!ll!llllll
Conservation Zone and Deed
Restricted Boundary
Wetlands
Spring Creek and its Tributaries
Greenway
Conservation Reserve
Deed Restricted Natural Area
28-1 38.06 Ac.
Conservation Reserve
Open Space
PBSJ 1880 S.Dairy Ashford Rd., Ste. 300
Houston, Texas 77077-4760
Plione: (281) 493-5100 fax: (281) 493-1047
Exhibit 14A
735-Acre Crowley Property
College Station, Brazos County, Texas
Revised Proposed Mitigation
..... -..-
~ Project Number 199700476
> • Applicant: Mr. Tim Crowley Sheet 6 of 6 ~~ . , . · north A ent: PBS&J _ ]Jee ... her 7903
., ....... ~--~-...... -~, .... c, ...... ~~-..~~ .... -..-.-----..i..iiiii----iiiiiiiiii-------.......... -. .. iiilimi ..........
1111 employee-owned company
November 29, 2005
Mr. Barry Osborn
U.S. Army Corps of Engineers-Fort Worth District
CESWF-PER-R
P.O. Box 17300
Fort Worth, Texas 76102-0300
Dear Mr. Osborne:
Re: Permit No. 199700476
735-acre Crowley Tract
Brazos County, Texas
PN 460813.00
In November 2005, PBS&J was contracted by TEXCON Engineers on behalf of Mr. Timothy Crowley to
assist in the permit extension request and a second interim compliance report for an existing U.S. Army
Corps of Engineers Individual Permit (Permit No. 199700476). PBS&J provided a 2003 Interim
Compliance Report on October 14, 2003 for the first permit extension and modification request. These
requests were approved by the USACE and the permit was subsequently extended to December 31, 2005.
Due to design and development constraints associated with weather, contract development and schedule,
the authorized activities of the permit will not be met by the current expiration date of December 31,
2005. PBS&J, on behalf of Mr. Timothy Crowley, would like to request an additional time extension for
the maximum allowable time in order to continue construction activities in authorized areas of the pennit.
An interim compliance report (included) details the activities which have taken place since the 2003
Interim Compliance Report and the activities which remain to be completed. Also included in the interim
compliance report are the original permit, the 2003 Interim Compliance Report, and new photographs of
the Crowley Tract.
Please feel free to contact me if you have any questions or require any additional information.
Very truly yours,
J/1~)1~
Heather Niles
Project Ecologist
HN:hln
Enclosures
c: Mr. Joe Schultz, P.E.-TEXCON
Mr. Timothy Crowley
1880 S Dai ry Ashford St, Suite 300 •Houston, Texas 77077 -4760 •Telephone: 281.493.5 100 •Fax: 281.493.1047 • www.pbsj com
460813.00 I OSH095
2005 INTERIM WRITTEN COMPLIANCE REPORT
THE CROWLEY PROPERTY INDIVIDUAL PERMIT
{CROWLEY TRACT)
COLLEGE STATION, BRAZOS COUNTY, TEXAS
PBSJ
PBS&J Project No. 460813.00
Document No. 05H095
460813.00 I 05H095
2005 INTERIM WRITTEN COMPLIANCE REPORT
THE CROWLEY PROPERTY INDIVIDUAL PERMIT
(CROWLEY TRACT)
COLLEGE STATION, BRAZOS COUNTY, TEXAS
Prepared for:
Mr. Timothy Crowley
1301 McKinney, Suite 3500
Houston, Texas 77010
Prepared by:
PBS&J
1880 S. Dairy Ashford, Suite 300
Houston, Texas 77077
November 2005
Contents
Page
1.0 INTRODUCTION ........................................................................................................................... 1 -1
2.0 SITE VISIT .................................................................................................................................... 2-1
3.0 RES UL TS ..................................................................................................................................... 3-1
3.1 SCHEDULE CHANGES ................................................................................................... 3-1
3.2 SUMMARY OF ACTIVITIES ............................................................................................ 3-1
3.3 COMPLIANCE WITH PERMIT CONDITIONS ................................................................. 3-1
Appendices
Appendix A
Appendix 8
Appendix C
460813.00 I OSH095
U.S. Army Corps of Engineers Individual Permit
2003 Interim Compliance Report
Site Photographs
ii
1.0 INTRODUCTION
PBS&J is submitting an Interim Written Compliance Report for the development activities that have
taken place on the Crowley Property located in the western quadrant of the intersection of SH 6 and
Greens Prairie Road, College Station, Brazos County, Texas (Permit No. 199700476). As reported
previously in the 2003 Compliance Report, the majority of the southern portion of the property (south of
the TxDOT SH 40 easement) has been sold to Greens Prairie Investors, Ltd., by Greens Prairie
Associates, LLC. This tract of land, herein referred to as the Castlegate Subdivision, has completed all
permitted activities. Mr. Crowley retained one tract south of the TxDOT SH 40 easement for future
institutional/commercial development. A school has since been developed on this tract. The northern
portion of the Crowley Property (north of the SH 40 easement), herein referred to as the Crowley Tract,
has continued site preparation for development.
The above-mentioned site preparation activities are approximately 30 percent complete on the Crowley
Tract; one set of patio homes, a detention basin, and a portion of Decatur Drive have been constructed on
this tract. The entire Crowley Property project resulted in 5.89 acres of impact to waters of the U.S. Of
these impacts, the Crowley Tract accounts for 3.275 acres of the total 5.89 acres of impacts. These
3.275 acres of impacts include 1.94 acres of wetlands and 1.335 acres of waters associated with Spring
Creek (this waters acreage includes a small portion of Tributary 2 located within the commercial tract of
land Mr. Crowley retained south of the SH 40 easement).
The pre-construction conditions of the project area were described in Earth Tech's Wetland Delineation
Report that was submitted to the U.S. Army Corps of Engineers ("USACE"). On January 18, 2001 , the
USACE authorized the project under the Clean Water Act ("CWA") (Section 404) Individual Permit
No. 199700476. A copy of the permit is located in Appendix A. The permit contained several general
and special conditions, including a special condition for a compliance report (Special Condition No. 2).
In October 2003, an interim compliance report was submitted to the USACE (2003 Interim Written
Compliance Report, Appendix B). In accordance with Special Condition No. 2 and the request of
Mr. Crowley, through Texcon Engineers, PBS&J was once again contracted to conduct a site visit of the
project area and to prepare a second interim compliance report for the project. Because the project is not
yet complete, this report is referred to as an interim compliance report. Mr. Crowley will adhere to the
requirement of the permit and provide a final compliance report when the authorized activities of the
permit are complete.
460813.00 I OSH095 1-1 PBSJ
2.0 SITE VISIT
On November 23, 2005, PBS&J Staff Ecologist Heather Niles visited the project area. The purpose of the
site visit was to:
1. Determine the permittee's compliance with general and special conditions as outlined in the
USACE Section 404 permit dated January 18, 2001 (Appendix A).
2. Document the progress and/or completion of all authorized work. Please refer to photographs of
the site (Appendix C).
The ecologist visually accessed the area to determine compliance with the conditions of USACE Permit
No. 199700476. A summary of the findings and site conditions are discussed below.
460813.00 I 05H095 2-1 PBSJ
3.0 RESULTS
3.1 SCHEDULE CHANGES
The schedule for the proposed project has been revised. Completion dates are not known on an activity-
specific basis; however, site preparation activities and construction activities are currently ongoing.
3.2 SUMMARY OF ACTIVITIES
The following activities have occurred during the reporting period (October 2003 to November 2005).
• Approximately 30 percent of the Crowley Tract has undergone site preparation activities for
development, including the construction of an entrance road from SH 6 (Decatur Drive) and a set
of patio homes. These activities have only resulted in completing the impacts to Wetland B,
which was previously reported as partially impacted.
• Of the permitted activities, the following impacts on the Crowley Tract still remain:
o Partial fill of Wetland E.
o 0.20 acre of fill in Wetland K.
o 0.045 acre of fill in a portion of Tributary 2 (immediately south of the SH 40 easement)
• The approved road relocation in the conservation easement has not yet taken place (2003
Compliance Report).
3.3 COMPLIANCE WITH PERMIT CONDITIONS
Per the requirements of the Special Conditions issued in the individual permit, the following information
is being provided for your review. Please note that not all of the authorized activities are complete;
therefore, information requested in the Special Conditions on "final" site conditions are not provided.
The perrnittee is in the process of complying and will continue to comply with the General and Special
Conditions.
General Conditions
1. "The time limit for completing the work authorized ends on December 31, 2003. If you find that
you need more time to complete the authorized activity, submit your request for a time extension to
this office for consideration at least one month before the date is reached."
460813.00 I OSH095 3-1 PBSJ
A time extension request was received to extend the time limit to December 31. 2005. Due to
design development constraints, the authorized work will not be completed by December 31. 2005.
Mr. Timothy Crowley will be formally requesting a time extension on his individual permit to
complete the proposed construction activities on his property.
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 third party in
compliance with General Condition 4 below. Should you wish to cease to maintain the authorized
activity or should you desire to abandon it without a good faith transfer, you must obtain a
modification of this permit from this office, which may require restoration of the area."
The authorized activities covered under this permit have not been abandoned. All property
transfers will be made through a good faith transfer and comply with the conditions of this permit
as specified in General Condition 4.
3. "If you discover any previously unknown historic or archaeological remains while accomplishing
the activity authorized by this permit, you must immediately notify this office of what you have
found. We will initiate the Federal and state coordination required to determine if the remains
warrant a recovery effort or if the site is eligible for listing in the National Register of Historic
Places."
No previously unknown historic or archaeological remains have been discovered on the property.
Should such remains be discovered during the continued authorized activities on the property,
condition set forth in this Special Condition will be adhered to.
4. "If you sell the property associated with this permit, you must obtain the signature of the new
owner in the space provided and forward a copy of the permit to this office to validate the transfer
of this authorization."
A portion of the permitted 735-acre tract of land was sold to Greens Prairie Investors, Ltd., by
Greens Prairie Associates. LLC. This tract of land is known as the Castlegate Subdivision. Since
the entire property (project) was not transferred, it is our understanding that this transfer of
authority does not apply in this situation.
5. "If a condition of water quality certification has been issued for your project, you must comply with
the conditions specified in the certification as a special conditions to this permit. For your
convenience, a copy of the certification is attached if it contains such conditions."
All of the conditions set forth in the Section 401 Water Quality Certification have been adhered to.
460813.00 I OSH095 3-2
6. "You must allow representatives from this office to inspect the authorized activity at any time
deemed necessary to ensure that it is being or has been accomplished in accordance with the terms
and conditions of your permit."
Special Conditions
1. "The permittee shall implement and abide by the mitigation plan included in the 'Mitigation Plan
for the Crowley Property in College Station, Brazos County, Texas, Project Number 199700476' by
HNTB Corporation, dated December 7, 2000. Completion of all elements of this mitigation plan is
a requirement of this permit."
To date. all proposed activities within the Mitigation Plan are in compliance. Wetlands G. H. I.
and J have not been impacted. Photographs of these wetlands and the deed-restricted area/
conservation easement can be seen in Appendix B. These areas remain natural and are only
traversed by existing easements.
2. "The permittee shall submit a final written compliance report to the USACE within 30 days after
the completion of all construction and mitigation work that includes the following:
a. a statement that the authorized work and required mitigation was done in accordance with the
USACE authorization, including all general and special conditions;
b. a summary of all construction and mitigation activities that occurred associated with the
project, including documentation of the completion of all work and compliance with all terms
and conditions of the permit;
c. a comparison of the post-construction conditions of the project area to the pre-construction
conditions of the area;
d. a detailed description of all impacts to waters of the United States;
e. a map showing the final configuration of restored, enhanced, created and preserved waters of
the United States, including wetlands;
f. the final topographic elevations of the project;
g. a discussion about whether disturbed areas, such as borrow ditches, road embankments,
stream banks, road crossings, and temporary impact areas are revegetating adequately and not
suffering erosions damage; and
h. photographs and maps as appropriate to illustrate the information presented."
460813.00 I 05H095 3-3
A final compliance report will be submitted once all authorized work is completed.
460813.00 I 05H095 3-4 PBSJ
Document No. 030335
PBS&J Job No. 460813.00
2003 INTERIM WRITTEN COMPLIANCE REPORT
FOR MR. TIMOTHY CROWLEY
THE CROWLEY PROPERTY INDIVIDUAL PERMIT
(CROWLEY TRACT AND CASTLEGATE SUBDIVISION)
COLLEGE STATION, BRAZOS COUNTY, TEXAS
Prepared for:
Mr. Timothy Crowley
1301 McKinney, Suite 3500
Houston , Texas 77010
Prepared by:
PBS&J
1880 S. Dairy Ashford St.
Suite 300
Austin, Texas 77077
October 2003
Printed on recycled paper
Contents
Page
1.0 INTRODUCTION .......................................................................................................................................... 1-1
2.0 SITE VISIT ..................................................................................................................................................... 2-1
3.0 RE SUL TS ...................................................................................................................................................... 3-1
3.1 SCHEDULE CHANGES ....................................................................................................... 3-1
3.2 SUMMARY OF ACTIVITIES ................................................................................................. 3-1
3.3 COMPLIANCE WITH PERMIT CONDITIONS ..................................................................... 3-2
Appendices
Append ix A U.S. Army Corps of Engineers Individual Permit
Appendix B Revised Site Plans*Exhibits 7A, 8A, and 9A
Appendix C Site Photographs
460813.00 I 030335 ii PBSJ
1.0 INTRODUCTION
Per the request of Mr. Barry Osborn, U.S. Army Corps of Engineers (USACE) Project
Manger, for Individual Permit No. 199700476 (Appendix A), PBS&J is submitting an Interim Written
Compliance Report for the development activities that have taken place on the Crowley Property located
in the western quadrant of the intersection of SH 6 and Greens Prairie Rd., College Station, Brazos
County, Texas. To date, the majority of the southern portion of the property (south of the TxDOT SH 40
easement) has been sold to Greens Prairie Investors, Ltd., by Greens Prairie Associates, LLC. This tract
of land, herein referred to as the Castlegate Subdivision, has completed nearly 95% of the site preparation
activities to accommodate construction of a residential subdivision. Mr. Crowley has retained one tract
south of the TxDOT SH 40 easement for future institutional development. A large majority of the tracts
east of Tributary 4 within Castlegate Subdivision have already been developed (Appendix B, Exhibits 7 A
and 8A). The northern portion of the Crowley Property (north of the SH 40 easement), herein referred to
as the Crowley Tract, has also begun site preparation for development, including construction of an
entrance road off of the SH 6 frontage road, a detention pond, and channelization of Spring Creek.
The above-mentioned site preparation activities are approximately 95 % complete m
Castlegate Subdivision, and homes are under construction on approximately 60% of th e residential lots.
Site preparation activities are approximately 25% complete on the Crowley Tract; only one set of patio
homes is currently under construction on this tract. The entire Crowley Property project resulted in 5.89
acres of impact to waters of the U.S. Of these impacts, the Castlegate Subdivision impacts account for
2.615 acres of these total impacts. These 2.615 acres of impacts include 0.82 acre of wetlands and 1.795
acres of waters associated with Spring Creek. The Crowley Tract accounts for 3.275 acres of the total
5.89 acres of impacts. These 3.275 acres of impacts include 1.94 acres of wetlands and 1.335 acres of
waters associated with Spring Creek (this waters acreage includes a small portion of Tributary 2 located
within the commercial tract of land Mr. Crowley retained south of the SH 40 easement).
The pre-construction conditions of the project area were described tn Earth Tech 's
Wetland Delineation Report that was submitted to the USACE. On January 18, 2001 , the USACE
authorized the project under the Clean Water Act (CW A) (Section 404) Individual Permit No.
1997004 76. A copy of the permit is located in Appendix A. The permit contained several general and
special conditions, including a special condition for a compliance report (special condition No. 2). In
accordance with special condition No. 2 and the request of Mr. Osborn, Mr. Crowley, through Texcon
En gineers, contracted PBS&J to conduct a site visit of the project area and to prepare the required interim
compliance report for the project. Because the project is not yet complete, this report is referred to as an
interim compliance report. Mr. Crowley will adhere to the requirement of the permit and provide a final
compliance report when the authorized activities of the permit are complete.
460813.00 I 030335 1-1 PBSJ
2.0 SITE VISIT
On July 23, 2003, PBS&J Staff Ecologists Heather Niles and Cathy Hood visited the
project area. The purpose of the site visit was to:
l. Determine the permittee's compliance with general and special conditions as
outlined in the US ACE Section 404 permit dated January 18, 200 l (Appendix
A).
2. Document the progress and/or completion of all authorized work. Please refer to
Exhibits 7 A, 8A and 9A (Appendix B, Revised Site Plans) and photographs of
the site (Appendix C).
The ecologists visually accessed the area to determine compliance with the conditions of
USACE Permit Number 199700476. A summary of the findings and site conditions are discussed below.
460813.00 I 030335 2-1 PBSJ
3.0 RESULTS
3.1 SCHEDULE CHANGES
The schedule for the proposed project has been revised. Completion dates are not known
on an activity-specific basis; however, site preparation activities and construction activities are currently
on-going.
3.2 SUMMARY OF ACTIVITIES
The following activities have occurred during the reporting period.
• Castle gate Subdivision has completed nearly 95% of the site preparation activities,
• Castlegate Subdivision has constructed approximately 60% of the residential areas,
• All impacts to waters of the U.S. covered under this Individual Permit in the Castlegate
Subdivision portion of the property are complete, to include:
0.045 acre of fill and 0.05 acre of impoundment to Tributary 2;
0.09 acre of fill and 0.03 acre of temporary excavation to Tributary 4;
0.017 acre of fill and 0 .004 acre of temporary excavation to Tributary 5;
1.56 acres of draining to Impoundment 1;
0.04 acre of fill to Wetland L;
0.45 acre of draining to Wetland M;
0.33 acre of draining to Wetland N.
• Approximately 25% of the Crowley Tract has undergone site preparations achv1hes for
development, including the construction of an entrance road from SH 6, a detention basin, a
set of patio homes under construction, and channelization of Spring Creek. The following
authorized activities have occurred during this reporting period:
0.75 acre of the total 0.85 acre of impacts to Spring Creek resulting from 0.61 acre of fill
and 0.14 acre of draining associated with the channelization of Spring Creek. Remaining
is 0.10 acre of fill resulting from the two proposed roadway crossings. One road
(Decatur Drive) has not yet been built and one road is proposed to be relocated to cross
Tributary 4 (details of the road relocation will be provided in a supplemental permit
modification request),
0.44 acre of fill in Tributary 1,
460813.00 I 030335 3-1 PBSJ
Wetlands A, B, C, D, and F have been filled as proposed in the Individual Permit. There
are two wetlands (B and E) that have not been completely filled due to the preliminary
stage of development at these locations; however, as the development continues, these
areas are proposed to completely filled as discussed in the permit. The total impacts
associated with these wetlands (assuming full impact) is 1.74 acres,
0.20 acre of fill in Wetland K has not yet occurred (see site photographs, Appendix C),
0.045 acre of fill in a portion of Tributary 2 (immediately south of the SH 40 easement)
has not yet occurred.
• Only approved work in the conservation easement has taken place. This work includes the
filling of Wetland F and the channelization of the southern end of Spring Creek, which
crosses into the Conservation Easement.
3.3 COMPLIANCE WI TH PERMIT CONDITIONS
Per the requirements of the Special Conditions issued m the individual permit, the
following information is being provided for your review. Please note that not all of the authorized
activities are complete; therefore, information requested in the Special Conditions on "final" site
conditions are not provided. The permittee, is in the process of complying and will continue to comply
with the general and special conditions:
General Conditions
1. "The time limit for completing the work authorized ends on December 31, 2003 .
If you find that you need more time to complete the authorized activity, submit
your request for a time extension to this office for consideration at least one
month before the date is reached."
Due to design alterations and natural events (i.e., rain), the authorized work will
not be completed by December 31, 2003. Mr. Timothy Crowley will be formally
requesting a time extension on his individual permit to complete the proposed
construction activities on his property.
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 third party in compliance with General
Condition 4 below. Should you wish to cease to maintain the authorized activity
or should you desire to abandon it without a good faith transfer, you must obtain
a modification of this permit from this office, which may require restoration of
the area."
460813.00 I 030335 3-2 PBSJ
The authorized activities covered under this permit have not been abandoned.
All property transfers will be made through a good faith transfer and comply with
the conditions of this permit as specified in General Condition 4.
3. "If you discover any previously unknown historic or archaeological remains
while accomplishing the activity authorized by this permit, you must
immediately notify this office of what you have found. We will initiate the
Federal and state coordination required to determine if the remains warrant a
recovery effort or if the site is eligible for listing in the National Register of
Historic Places."
No previously unlmown historic or archaeological remains have been discovered
on the property. Should such remains be discovered during the continued
authorized activities on the property. conditions set forth in this Special
Condition will be adhered to.
4. "If you sell the property associated with this permit, you must obtain the
signature of the new owner in the space provided and forward a copy of the
permit to this office to validate the transfer of this authorization."
A portion of the permitted 735-acre tract of land was sold to Greens Prairie
Investors, Ltd., by Greens Prairie Associates, LLC. This tract of land is !mown
as the Castlegate Subdivision. Since the entire property (project) was not
transferred. it is our understanding that this transfer of authority does not apply in
this situation.
5. "If a condition of water quality certification has been issued for your project, you
must comply with the conditions specified in the certification as a special
conditions to this permit. For your convenience, a copy of the certification is
attached if it contains such conditions."
460813.00 I 030335
All of the conditions set forth in the Section 401 Water Quality Certification have
been adhered to.
6. "You must allow representatives from this office to inspect the authorized
activity at any time deemed necessary to ensure that it is being or has been
accomplished in accordance with the terms and conditions of your permit."
3-3 PBSJ
Special Conditions
1. "The permittee shall implement and abide by the mitigation plan included in the
'Mitigation Plan for the Crowley Property in College Station, Brazos County,
Texas, Project Number 199700476' by HNTB Corporation, dated December 7,
2000. Completion of all elements of this mitigation plan is a requirement of this
permit."
To date, all proposed activities within the Mitigation Plan are in compliance.
Wetlands G. H. I, and J have not been impacted. Photographs of these wetlands
and the deed restricted area/conservation easement can be seen in Appendix C.
These areas remain natural and are only traversed by existing easements.
2. "The permittee shall submit a final written compliance report to the USACE
within 30 days after the completion of all construction and mitigation work that
includes the following:
460813.00 I 030335
a. a statement that the authorized work and required mitigation was done in
accordance with the USACE authorization, including all general and
special conditions;
b. a summary of all construction and mitigation activities that occurred
associated with the project, including documentation of the completion
of all work and compliance with all terms and conditions of the permit;
c. a comparison of the post-construction conditions of the project area to
the pre-construction conditions of the area;
d. a detailed description of all impacts to waters of the United States;
e. a map showing the final configuration of restored, enhanced, created and
preserved waters of the United States, including wetlands;
f. the final topographic elevations of the project;
g. a discussion about whether disturbed areas, such as borrow ditches, road
embankments, stream banks, road crossings, and temporary impact areas
are revegetating adequately and not suffering erosions damage; and
h. photographs and maps as appropriate to illustrate the information
presented.
A final compliance report will be submitted once all authorized work is completed.
3-4 PBSJ
DEPARTMENT OF THE ARMY
FORT WORTH DISTRICfr . CORPS OF ENGINEERS
P. 0. BOX 17300
FORT WORTH, TEXAS 76102-0300
REPLY TO
ATTENTION OF: December 14, 2005
Planning, Environmental, and Regulatory Division
Regulatory Branch
SUBJECT: Project Number 199700476
Ms. Heather Niles
Associate Project Manager
PBSJ
1880 S. Dairy Ashford St., Suite 300
Houston, Texas 77077-4760
Dear Ms. Niles:
This is in response to your letter of November 29, 2005, requesting a modification to
Department of the Army permit 1997004 76 for the construction of a mixed development by
Mr. Tim Crowley, on a 735 acre property iocated southeast of College Station along Spring
Creek in Brazos County, Texas.
We have reviewed and hereby approve your request. Permit Number 199700476 is modified
as follows :
1. Replace the date in General Condition 1, on page one of the pennit with
"December 31 , 2008".
This modification is effective immediately. All other terms and conditions of the original
permit remain in full force and effect. If you have any questions concerning this letter, please
contact Mr. Barry Osborn at the address above or telephone (817)886-1734.
Sincerely,
l~
Chief, Regulatory Branch
November 29, 2005
Mr. Barry Osborn
U.S. Army Corps of Engineers-Fort Worth District
CESWF-PER-R
P.O. Box 17300
Fort Worth, Texas 76102-0300
Dear Mr. Osborne:
Re: Permit No. 199700476
735-acre Crowley Tract
Brazos County, Texas
PN 460813.00
In November 2005, PBS&J was contracted by TEXCON Engineers on behalf of Mr. Timothy Crowley to
assist in the permit extension request and a second interim compliance report for an existing U.S. Army
Corps of Engineers Individual Permit (Permit No. 199700476). PBS&J provided a 2003 Interim
Compliance Report on October 14, 2003 for the first permit extension and modification request. These
requests were approved by the USACE and the permit was subsequently extended to December 31, 2005.
Due to design and development constraints associated with weather, contract development and schedule,
the authorized activities of the permit will not be met by the current expiration date of December 31,
2005. PBS&J, on behalf of Mr. Timothy Crowley, would like to request an additional time extension for
the maximum allowable time in order to continue construction activities in authorized areas of the permit.
An interim compliance report (included) details the activities which have taken place since the 2003
Interim Compliance Report and the activities which remain to be completed. Also included in the interim
compliance report are the original permit, the 2003 Interim Compliance Report, and new photographs of
the Crowley Tract.
Please feel free to contact me if you have any questions or require any additional information.
Very truly yours,
PBS8f} f '
t_Jj;_Pil!ou a
Heather Niles /
Project Ecologist
HN:hln
Enclosures
c: Mr. Joe Schultz, P.E.-TEXCON
Mr. Timothy Crowley
1880 S Dai ry Ashford St, Suite 300 •Houston, Texas 77077-4760 •Telephone: 28 1.493.5100 •Fax: 281.493.1047 • wwwpbs1 com
460613.00 I OSH095
2005 INTERIM WRITTEN COMPLIANCE REPORT
THE CROWLEY PROPERTY INDIVIDUAL PERMIT
{CROWLEY TRACT)
COLLEGE STATION, BRAZOS COUNTY, TEXAS
PBSJ
PBS&J Project No. 460813.00
DocumentNo.05H095
460813.00 I 05H095
2005 INTERIM WRITTEN COMPLIANCE REPORT
THE CROWLEY PROPERTY INDIVIDUAL PERMIT
(CROWLEY TRACT)
COLLEGE STATION, BRAZOS COUNTY, TEXAS
Prepared for:
Mr. Timothy Crowley
1301 McKinney, Suite 3500
Houston, Texas 77010
Prepared by:
PBS&J
1880 S. Dairy Ashford, Suite 300
Houston, Texas 77077
November 2005
P8SJ
Contents
Page
1.0 INTRODUCTION ........................................................................................................................... 1-1
2.0 SITE VISIT .................................................................................................................................... 2-1
3.0 RES UL TS ..................................................................................................................................... 3-1
3.1 SCHEDULE CHANGES ................................................................................................... 3-1
3.2 SUMMARY OF ACTIVITIES ............................................................................................ 3-1
3.3 COMPLIANCE WITH PERMIT CONDITIONS ................................................................. 3-1
Appendices
Appendix A
Appendix B
Appendix C
460813.00 I OSH095
U.S. Army Corps of Engineers Individual Permit
2003 Interim Compliance Report
Site Photographs
ii
1.0 INTRODUCTION
PBS&J is submitting an Interim Written Compliance Report for the development activities that have
taken place on the Crowley Property located in the western quadrant of the intersection of SH 6 and
Greens Prairie Road, College Station, Brazos County, Texas (Permit No. 199700476). As reported
previously in the 2003 Compliance Report, the majority of the southern portion of the property (south of
the TxDOT SH 40 easement) has been sold to Greens Prairie Investors, Ltd., by Greens Prairie
Associates, LLC. This tract of land, herein referred to as the Castlegate Subdivision, has completed all
permitted activities. Mr. Crowley retained one tract south of the TxDOT SH 40 easement for future
institutional/commercial development. A school has since been developed on this tract. The northern
portion of the Crowley Property (north of the SH 40 easement), herein referred to as the Crowley Tract, ..---
has continued site preparation for development.
The above-mentioned site preparation activities are approximately 30 percent complete on the Crowley
Tract; one set of patio homes, a detention basin, and a portion of Decatur Drive have been constructed on
this tract. The entire Crowley Property project resulted in 5.89 acres of impact to waters of the U.S . Of
these impacts, the Crowley Tract accounts for 3.275 acres of the total 5.89 acres of impacts. These
3.275 acres of impacts include 1.94 acres of wetlands and 1.335 acres of waters associated with Spring
Creek (this waters acreage includes a small portion of Tributary 2 located within the commercial tract of
land Mr. Crowley retained south of the SH 40 easement).
The pre-construction conditions of the project area were described in Earth Tech's Wetland Delineation
Report that was submitted to the U.S. Army Corps of Engineers ("USACE"). On January 18, 200 I, the
USACE authorized the project under the Clean Water Act ("CWA") (Section 404) Individual Permit
No. 199700476. A copy of the permit is located in Appendix A. The permit contained several general
and special conditions, including a special condition for a compliance report (Special Condition No. 2).
In October 2003, an interim compliance report was submitted to the USACE (2003 Interim Written
Compliance Report, Appendix B). In accordance with Special Condition No. 2 and the request of
Mr. Crowley, through Texcon Engineers, PBS&J was once again contracted to conduct a site visit of the
project area and to prepare a second interim compliance report for the project. Because the project is not
yet complete, this report is referred to as an interim compliance report. Mr. Crowley will adhere to the
requirement of the permit and provide a final compliance report when the authorized activities of the
permit are complete.
460813.00 I 05H095 1-1
2.0 SITE VISIT
On November 23, 2005, PBS&J Staff Ecologist Heather Niles visited the project area. The purpose of the
site visit was to:
1. Determine the permittee's compliance with general and special conditions as outlined m the
USACE Section 404 permit dated January 18, 2001 (Appendix A).
2. Document the progress and/or completion of all authorized work. Please refer to photographs of
the site (Appendix C).
The ecologist visually accessed the area to determine compliance with the conditions of USACE Permit
No. 199700476. A summary of the findings and site conditions are discussed below.
460813.00 I 05H095 2-1 PBSJ
3.0 RESULTS
3.1 SCHEDULE CHANGES
The schedule for the proposed project has been revised. Completion dates are not known on an activity-
specific basis; however, site preparation activities and construction activities are currently ongoing.
3.2 SUMMARY OF ACTIVITIES
The following activities have occurred during the reporting period (October 2003 to November 2005).
• Approximately 30 percent of the Crowley Tract has undergone site preparation activities for
development, including the construction of an entrance road from SH 6 (Decatur Drive) and a set
of patio homes. These activities have only resulted in completing the impacts to Wetland B,
which was previously reported as partially impacted.
• Of the permitted activities, the following impacts on the Crowley Tract still remain:
o Partial fill of Wetland E.
o 0.20 acre of fill in Wetland K.
o 0.045 acre of fill in a portion of Tributary 2 (immediately south of the SH 40 easement)
• The approved road relocation in the conservation easement has not yet taken place (2003
Compliance Report).
3.3 COMPLIANCE WITH PERMIT CONDITIONS
Per the requirements of the Special Conditions issued in the individual permit, the following information
is being provided for your review. Please note that not all of the authorized activities are complete;
therefore, information requested in the Special Conditions on "final" site conditions are not provided.
The perrnittee is in the process of complying and will continue to comply with the General and Special
Conditions.
General Conditions
1. "The time limit for completing the work authorized ends on December 31. 2003. If you find that
you need more time to complete the authorized activity, submit your request for a time extension to
this office for consideration at least one month before the date is reached."
460813.00 I OSH095 3-1 P8SJ
A time extension request was received to extend the time limit to December 31, 2005. Due to
design development constraints, the authorized work will not be completed by December 31, 2005.
Mr. Timothy Crowley will be formally requesting a time extension on his individual permit to
complete the proposed construction activities on his property.
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 third party in
compliance with General Condition 4 below. Should you wish to cease to maintain the authorized
activity or should you desire to abandon it without a good faith transfer, you must obtain a
modification of this permit from this office, which may require restoration of the area."
The authorized activities covered under this permit have not been abandoned. All property
transfers will be made through a good faith transfer and comply with the conditions of this permit
as specified in General Condition 4.
3. "If you discover any previously unknown historic or archaeological remains while accomplishing
the activity authorized by this permit, you must immediately notify this office of what you have
found. We will initiate the Federal and state coordination required to determine if the remains
warrant a recovery effort or if the site is eligible for listing in the National Register of Historic
Places."
No previously unknown historic or archaeological remains have been discovered on the property.
Should such remains be discovered during the continued authorized activities on the property,
condition set forth in this Special Condition will be adhered to.
4. "If you sell the property associated with this permit, you must obtain the signature of the new
owner in the space provided and forward a copy of the permit to this office to validate the transfer
of this authorization."
A portion of the permitted 735-acre tract of land was sold to Greens Prairie Investors. Ltd., by
Greens Prairie Associates, LLC. This tract of land is known as the Castlegate Subdivision. Since
the entire property (project) was not transferred. it is our understanding that this transfer of
authority does not apply in this situation.
5. "If a condition of water quality certification has been issued for your project, you must comply with
the conditions specified in the certification as a special conditions to this permit. For your
convenience, a copy of the certification is attached if it contains such conditions."
All of the conditions set forth in the Section 401 Water Quality Certification have been adhered to.
460813.00 I 05H095 3-2 PBSJ
6. "You must allow representatives from this office to inspect the authorized activity at any time
deemed necessary to ensure that it is being or has been accomplished in accordance with the terms
and conditions of your pennit."
Special Conditions
1. "The pennittee shall implement and abide by the mitigation plan included in the 'Mitigation Plan
for the Crowley Property in College Station, Brazos County, Texas, Project Number 199700476' by
HNTB Corporation, dated December 7, 2000. Completion of all elements of this mitigation plan is
a requirement of this pennit."
To date, all proposed activities within the Mitigation Plan are in compliance. Wetlands G. H. I,
and J have not been impacted. Photographs of these wetlands and the deed-restricted area/
conservation easement can be seen in Appendix B. These areas remain natural and are only
traversed by existing easements.
2. ''The pennittee shall submit a final written compliance report to the USACE within 30 days after
the completion of all construction and mitigation work that includes the following:
a statement that the authorized work and required mitigation was done in accordance with the
USACE authorization, including all general and special conditions;
a summary of all construction and mitigation activities that occurred associated with the
project, including documentation of the completion of all work and compliance with all terms
and conditions of the pennit;
c. a comparison of the post-construction conditions of the project area to the pre-construction
conditions of the area;
d.
e.
f.
a detailed description of all impacts to waters of the United States;
a map showing the final configuration of restored, enhanced, created and preserved waters of
the United States, including wetlands;
the final topographic elevations of the project;
a discussion about whether disturbed areas, such as borrow ditches, road embankments,
stream banks, road crossings, and temporary impact areas are revegetating adequately and not
suffering erosions damage; and
h. photographs and maps as appropriate to illustrate the information presented."
460813.00 I 05H095 3-3 PBSJ
A final compliance report will be submitted once all authorized work is completed.
460813.00 I 05H095 3-4 PBSJ
DATE:
Doc ' Bk · Vol · Pg e88797~ OR 6475 253
AMENDED AND RESTATED
COVENANTS, CONDITIONS AND RESTRICTIONS
December 16, 2003
OWNER: Timothy J. Crowley
OWNER'S MAILING ADDRESS: 1301 McKinney, Suite 3500
Houston, Harris County, Texas 77010
PROPERTY: Being those tracts of land located in the City of College Station, Brazos County,
Texas, more particularly described on pages 1 through 7 of Exhibit "A" attached
hereto and incorporated herein by reference.
PREAMBLE:
A. Owner, in a cordance with Permit N " ermit") issued by the
United States Department of Army, Corps of Engineers (the "Corps under Section
404 of the Clean Water Act, as a condition of o the aforementio e it,
imposed certain protective covenan s con itions and restrictions on the pro rty
as defined below rovid or . , a ion of the
impacts to waters of the United States. including wetlands; sue protective
Co\/enants, conditions and restrictions are set forth in the Covenants, Conditions and
Restrictions (the "Restrictions") recorded in Volume 4125, Pa e 141, Official Records
of Brazos County, Texas.
B. The Corps amended the Permit by ~er dated December 16 2003 (the "Permit
Amendmenf'), which, in part, modified the location of the property subject to the
Restrictions. The Permit Amendment is attached hereto as Exhibit "B" and
incorporated herein by reference;
C. In order to conform to the Permit Amendment, Owner and the Corps wish to amend
and restate the Restrictions to modify the description of the property contained in the
Restrictions to the Property described above; and
D. Owner is the owner of the Property and the Property is located in the general vicinity
depicted on page 8 of Exhibit "B".
E. As amended and restated, these Covenants, Conditions and Restrictions re lace
and completely superce e t e Restriction!!:,
DECLARATION:
NOW, THEREFORE, it is hereby declared (i) that all of the Property shall be held, sold,
conveyed and occupied subject to the following covenants, conditions and restrictions, which
shall run with the Property and which shall be binding on all parties having any right, title, or
interest in or to the Property or any part thereof, their heirs, successors, and assigns; and (ii)
that each contract or deed that may hereafter be executed with regard to the Property or any
portion thereof shall conclusively be held to have been executed, delivered and accepted
subject to the following covenants, conditions and restrictions regardless of whether or not the
Doc Bk Vol P 00879783 OR 6175 254g
same are set out or referred to in said contract or deed.
1. Restrictions on Use of Property. Except as provided in Section 2 below, the Property
shall be maintained in its natural state as a stream riparian and wetland mitigation area.
Livestock grazing and mowing are not allowed on the Property.
2. Permitted Uses of the Property. The Property may be used for the following purposes:
a. Establishment and public utilization of l!ike and bike tra~ to be located along the
fringe of the Property, consisting primarily of a natural permeable material
allowing for natural drainage conditions to exist. In limited areas rone to erosion
or excessive m · n ' r" r of the P y,
concrete or other i co h trails.
an scaping following trail installation/construction activities on the Property is
allowed. The hike and bike trail system may include water stations, lighting,
restrooms, picnic tables and rest areas. The hike and bike trail 11'.19.YA CJ~S Spring
Creek and the associated tributaries on the Property an vsucrr crossings
may require the construction s or culv The understory on the
Property may be removed in selected areas near the hike and bike trail to
accommodate the water stations, lighting, restrooms and rest areas. Herbicides
and pesticides may be applied immediately adjacent to the trails.
b. Installation of temporary and/or permanent protective ~s.
c. Installation of guide, warning, prohibited access and other signs related to the
hike and bike trails.
d. x !oration for or extraction of oil as and other minerals elow the surface of
the r perty; provided such exp oration or ex oes not utilize or disturb
the surface of the Property.
e. Installation and maintenance of a sanjtarv sewer line crossing the Property. An
easement will be maintained along the sanitary sewer line for access and repair
of the line.
f. Exercise of the rights under any easements or rights of way of record in the office
of the County Clerk of Brazos County, Texas.
3. Permitted Exceptions. These restrictions are made subject to any and all matters,
ord inances, restrictions, covenants, conditions, encumbrances, rights of way, easements and all
outstanding mineral and royalty interests, if any, affecting the Property, whether or not of record
in the office of the County Clerk of Brazos County.
4. Amendment and Termination. This instrument may only be amended or terminated in
whole or in part by written instrument signed by the then owners of the Property and the United
States Army Corps of Engineers
5. Covenants Running with the Land. The provisions of this instrument will be deemed to
be covenants running with the land and binding on the Property and all parties having any right,
title or interest in and to the Property, or any part thereof.
[Signatures on following page)
Doc Bk Vol P 00879783 OR 6475 25Sg
')
TIMO
THE STATE OF TEXAS §
COUNTY OF AA@f./S §
This instrument was acknowledged before me on the ~day of~4. by
TIMOTHY J. CROWLEY. ~a(} ..tk._~
o'~·f'.\~ CYNTHIA A HAGGARD NotaPUbli{;, State of T e)(8<= g+J*) NOTARY PUBLIC ·~'&''" State of Texas ~~/Comm. Exp. 05-03-2007
Agreed and Accepted:
United States Department of Army Corps of Engineers
THE STATE OF TEXAS §
COUNTY Of'la>=t",, +-§
This instrument was acknowledged before me on the 7 ~ day of'Ji,o,.0 v'4 , 200\5 by~b1 A. L 0121 , of United States Department of
Army orps of Engineers.
~\\\\\\"\IKJrrtH/f/l/f1. ~*~'~<-~ c R. s'''~ ~ \.,v ........ If..,~ $Q<,,;,."·~l\'I P~" ... ~\
I ,.·o'*<9 ...... ~~ ~ :· ~ n · .. ~ ~ f ~ ~ ? ~ '% .... ...,,,.~ ~~"'(" .... i
'S>ooo 4 ' Q ~ ,-±b
Notary Public, tate ofTexas
• ' OF ' ,. • AFTER RECORDING R~.!JBf!:~~ .. ~ ~$'PREPARED IN THE LAW OFFICE OF:
Charles A. Ellison, P.C. 0~,,,,,·.?1-20~"~~,.~ Charles A. Ellison, P.C.
P.O. Box 10103 11
"
1""'1t"'1111"" P.O. Box 10103
College Station, Texas 77842 College Station, Texas 77842
AMENDED AND RESTATED COVENANTS, CONDITIONS AND RESTRICTION:
TIMOTHY J. CROWLEY AND UNITED STATES DEPARTMENT OF ARMY, CORPS OF
ENGINEERS
AUtbat ttact·Pf'P~l \>fi!iMlying' ~~:~mt,s~tt;(i ~· Btazo:S :CQ~tY, .Teicas,,and being siijlat~ in(he
RObeit Stev~n!~~;:~.:S:4;,~~~ ., . !Q'ftq<',,~e tra~ qflan:d·4~'be9 .in.ad!!.ed to J'im6th.y
J. Cro,~I~r~~as-·i:~di;in ·V#1~6.'.1.11L: ·14, qf'tb~iB~osComto/. Official :ilt;CQrds(RC.O~R)I ~d ~mg,~ore~l;ii~~l,r:~~~~l;>y·~~,W14~ .llS tQifowinyith all ctiritioi 1:eforred to~ 1983
Texas ~e :Plane:COOnfilWe·S,~ ~rt:'?t<>Jectiq~ Central Zone:
CO~CIN'Ga,t ·1t'f~i19~':JJ~.~t;fGr :~: ifP~;~9fsaic,t:Qrowleytract.;$0 qeing.~ point in:Jhe
!lb~~ Qght~f"W<lfli!-l~~S~~@~~ :No: $; :hls<>o,being tlie,·easttorne.r of the Jobn M. La~nce,
HI, 44.7;46,,a~~4 ·11$< r¢tQtd~~ in:V,:~l'Ume'9~9~ l>~ge~;2:l6~ ofahe:t~,C;.O.R., having a Texas State Plane
CootdiRM<>'Valµ~ ofX= 3-,57 6:,17~:5$), y == :l 6;:t9-i;792.33-{N)
11fF;N,CE &:>uth 4'l927'4&"West.a diSu\nce·of2;&J9-.3'1~·t-0a5/S';ironrodsetforthe PLACE OF
BEGINNING;
TaEN£E a!Ong. the. co~pn ~ine fX'.t>v~.en·thls tract 11;11d ihe Spring Creek Development C.S. 62.18 acre tra~, as recorded in Vol. 4:712 Page '260. Q.f'the Re~ O.R. fot the following callS:
South 83"02'23" East, atliSUu).ce of44-3.49 f~et to a-5/8"' iron rod set for comer;
&>utb 54°55' 51" East,.a distance of351FS4 feet to a 5/:8".iron rod set for corner;
North·88°09'02" East, a·wstance of t62,.57feet to a 518" iron rod set for comer;
South 19"25'1 r East, a di~ee .of24:61 fectto a 5/8" iron rod set for comer, also being a point on the
northeast line oftheJ.lL064.-aete Con5erv~tion Zone, as -recorded in Vol. 3926, Page 104, oftbeB.C.O.R.;
THENCE South-451?47'13" West, a4ist;ulce of472.82 feet aiQngtbe common line between this tract and
said Conservatipn Zpne to -a 5t8"' iro(f.rod set fQr the west corner of said Conservation Zone-;
THENCE severing said Crowley tra.ct for the following calls:
South 5?007'06" West, a distance of f99 :$ 7 feet tQ a 518" iron rod set for comer;
Soutb .60"27''53" Weest, a distance of 134.19 feet to. a 518" iron rod set for comer;
North 79°48'29" West, a d.i:stmce of96.I8 feet to a.518" iron rod set for comer;
North 41°59'36" West, a distance of J.01. l l feet to a 518" iron rod set for corner;
THENCE North 07°08' 56" West, a distaµce 0f: 114.01 to the east Co.mer of a 1.500 acre Park Land
Dedication, as recorded in Vol. 551 l, P~e 263 ofthe B.C.0.R., continuing on for a total distance of
'21026 feet to a 518" iron rod set for comer, also being the north. comer of said 1.500 acre tract;
men A ....... _t_,,..oi~
.. . . Doc. Bk Vol Pg
THENCE alol).gcfhe corD.m0n line betw~ ~tract and sai\i 1.500 acre.NJ~. eAiowfi~diHs: 257
SQuth 6G"SS.' 4T' West, a di~ce of'99.99 f~t t9.a 5/8"iron rod'set f.ot.c<?rtlt!l';
South 39°2&'59" W~:t,'a.distance of 93'.24 feet: to a 5)81' iron.rod s~t for comer;
South 39°51 '4:6'' W'eS.4 .a disrance of 74;~ ~eet'io>.a 5f&'' it'on.rod>Set for~eoFtler;
South S~4i ':33" West, a1•diStan¥e of~2i 7~ .f~t to, a ·S~ iton rod set for Co~r;
N-Orth; 8·20's2··14" West, ~a.~ «)f 55;·59 'feet 'fu a 5'it!';'ir-On roq.setfot cpmer,
North3.7°l0'01"Wf$t .•arustanceof3;2:l-5'f~l:toa.518'Sronrod.setfot·C{)mer: -;' . '1 ,· -·· • ·'. . ...•... ' ,.
South 34°l'S~sl'? West, 1l diStanee of42.29'le¢t:to·a.Y/8" iron.rod.set .(or comer,
South-06°40'59" West, a distance of61.98-feet to a 5'/8" iron rod set for comer;
89uth. a dista9ce of 17;65 fe~to. a 5/8" iron. :(od,set for cor;ner;
South 46°49' 4..S' West, a distance of J6.SB feet to a 5/8~' iron rod set for comer;
South 16°(}8'04"'West, a distanee of30J6 feet to a 518" iron rod set for corner,
South 3-0"'11 '47'' East; a dis~ce of &3.35 feet to a .S/8" iron rpd set for comer, also being a southeast
comer of said 1.50"0 acie tract; ·
THENCE severing said .Crowley tract forlhe foll<>wing ·cillls:
South, a clist:iµlce of 47.16 feet to a 578" iron ,rod set for wmer;
South 44°19'10" West, adisU!nce of4-0JOfeetto.a 618''-iron rod set for corner;
North 87°}1'l1" West, a distance of 50 .. :63 .feet to a 518'' iron r<><i set.for comer;_,
South 82°24'36" West, a distance of 33.58 feet to a 5/8" ir1'm r6d set for con:ie~
South $4°·}4'28" West. a distance of38.38 feet to-a 5/8" iron rod set for comer;
South 16°24'44;' West, a distance of76.02•feet to a 5/8" iron rod set for corner,
South Il057'50" West,. a distance -0f253,0.l £eetto a 5/8" iron rod set for corner;
North 73°21 '03" West, a distance ofS.0.19 feetto a 5/8" iron rod set for corner;
~IT--.:;..A~---·19 :2., ot: 7 Plies
Doc Bk Vol Pg 00879783 OR 64-75 258
Norlh 790-41•20"' West, a di~mnce ofJQ.90 feet to a. s;gn iron red. s:et for comer;
So\ith,. ·l 4"27'26" West; a, diS~~'» of 1L19 .{~'fl:>~:,,~,,, iroil.,r,ed:'set for co¢.!:f;
Soutblt~s1•44 ... ~;:~filstance.of47J>&feettaa5i81'iron1rod-.setforcomer;
So\lth 750-45 '4.:1" v(~·.a,Q.ikaace ofZ-a~0-7 fe¢.t to ·a.~J,$"·~r~.JJ; rod.set for e<>mer;
North 31°27'28" East, a:.,distanee of~97.:l3 fei°t :ip, a si:&");rob.:ti!d set for comer;
NOrth 64'<>4'6'-47" East a distance af30;6(Heet'fo a St8":i:ron rod set for comer,
North 22°15'3:6" WeS!, a di.staiiceof23.1.42 .feet:t.o a 518" ifon rod set for oorner; •, , • r •
SOufh, 39°3.2'28" West; a:~c.e of 127.86 feerto a S/8" iron rod set for comer;
SoutfL6l().41 1.00,. West; a ·di~ce 6f.o3 ,U) feet to a 5/8"' ir.en rod set for.cemer;
North S't"'trosr West, a ·distaik,e Qf ~5:8.~4 fee~ to a 518"' mm i:¢ set for comer, also bemg a point in the
sot$~ iioe of the'$War4"Fro:¢hli.ng 49.4 '.5 acre tnict, fJS·~ded inVol. 4 248, Page 144, of the IM'.:;o::R:; .
'fllENCENart1l 43'°'-tJ'l 7" ~ a:~isUµt®ofq.()8Al ~·alol}g the common line between this tract and
said Froehling 49.35.apr~ ti;act,.aad ~ EdWar.d Froehling 27.657 acre tract, as recorded in Vol. 2986,
Page·20l, of the-RC.O.R to a 5/8'11 iron rod found for ~er;
. :.
: ~·
..... '
.BXHIBn'.....,..;A:...:.;. :..,..__--...-:---~. 4 .ot ........ .__,.-
REMA!N0£R fi!F .. ~=v-
\IOL l-416.
'f>,t.CE 74
·-·r-;
.300e:.:=!:==i:;;;;;;=ot:::======~:sooE:!:======e.oos .. i:::::======9~00•~r
~,.,,~ .. ~~f.,ailol:t»."'"11<·• sl8" ...,.iaj'ictf<><o._ro,tbo
~CE se\.iting sjjd•'di'o!rier mwdof.~,rou<1~i~.cat1s; . ' ... " ''. .::· ~ :<~ '• ·.. . . ' .. ' . . .. ';-. ' . ' "' ..
'soµth 11°s J •44*,~t,1~i~~~ <>f~h~';(~(~,11':'5.!~Nmn:r.cd;~ f~r.1c0mer;
· .. · ~~6.0"47'40" East.; ~E§~~ee:of8l. 70:f~':to a Sl&'\iron rod seHor-CQmer,
. .
Soutb ·S.6<1Jl~'l7"' East, a.d~ce:Qf~dH .feet:toa 5/S'iiron.rod set foi;cornet;
South 21"57'24" West, a distance of t52.6.5 feet. ro a 5/S" iron· rod set· for corner;
South 42° S01 SS" We~ ~ dista,n~ ofZ92:9S· l.e¢t:t~ ~ 518"· irqn !®' sei f0r·comer;
SQ.utll lSQ()~'1'3" W~t; a:~ce.qf24K7~d:¢¢H!) a'S/f/'ttonrod set·f<>t comer; . • 1'" . ~
Sou6i:'8~tl~~" West,,a:~sta.nceof4'56.S9 ~te a'S/8" iron.l'Q4 ~ forcomer;
South 29'~' 591' W~ a·Wsta!J.9C of:32i 59 fect:.t.o a$f8.11 'it-On rod set for,Cor:ner, also qefug,a ·point on the
·north tigbt..of•wayjlfu¢:QfState ff~Wa'.y 40; ·bCiilg62:965 acres, as reoor.ded in V()1. 392:6, Page '85 oftb.e .
B.C.O.R,;
THE~GE along Uie co~on l.ine~tWeen·t}lis tract an4 ~d right"'6.f-way line of State Highway 40 for
the f1>How.ing eal!S:
S'olith 85°46' I 4" West;. a:-di-q~ Qf l0.57 feeqo a 5J8"J~on ro4 'set for (;9rner;
South ·~5°17'3$" West; a ~sciwce of 3.92;6:t~tt.O ~ 51810 iton rod Set for th~ snt.Jthwest comer of this -fr<.im whkh ilc01.lc(ete $Jn~¢{~ s-4:1°3~!{}311 W., 1:07 f~fQ:t-.•~~; . .
.,,. ':.'r ;-.-.' .. ' ...... :
THENCE severing said Crowleyt~t for the folJowiilgcalls:
Norili 39"39'40" East. a distance of290.73 fect:.to a 5/8·" iton n;J<l· ~for C!lrnet;
North 5928'07" East~ a <fi~ce ot 100,09. feet to.a 5/8i''.~t:imrc1d set;for:c-0mer;
North 47° l 7'221, East, a 4istance'<>f l ()8.61!1 fe-i::t to a Sl8l' 4'on. ~od ~for re&~
North 73'°27'09!' East, a: distan.ceof3l7.17feer10 a5i~W iron.rM setfot :®mer~
North 24°0'8'0 I" East. a ~ce of 143.13 f¢et t.9 a 578"' itclti.iod ~·fat cq:t:n,er;
North 37°27'28" East, a.distance of3.1l3.-08 feet ti> a 5.13" ~:®.J1et tor oomer.
North 75Q45'41" East, a distmwe of 380.04 feet to the Pt.AQ'E OF BEGINNING containing 4.53,709
SC{WIJ'e feet or W.416 ac~.
Dante Car!Omagno
Texas Registered Professionai
Lana Surveyor No. 1562
2004-10,.14-lOacres.doo
October 14, 1004
·~*., I .
' . ·• .
R£w.NJ(R Of C1lOWl!fY . TilllCT
VOL Hl6, P;t;CE H
~t.
2004-10-14-TOocres
DRAWN Bl':
A.WALLACE
CARLiJMAGNO .Surveying Inc.
· ··'271'4 finfea n ·t 7 1
Doc Bk -Vol .263eg '8879783 OR 64-ZS
DE~A.;f.t:nt't:.Nif "'.f T-HE A•lfMY i=:o.~,. .Wd!R:t·H oiS,,t\i\fM. 000.,$. gf iEN9iN.ee:~s
. ... , .,;>; ~,,.·aq!X 17aM
'F~R;T WO!l-1'!~"TiEXAS 7:~f0;!·0300
D~~l6, 2003 .·
Plann,ing, 'Env®lmiei,itat,..ru:w iReglilafury;~vi~iqn Reg$tocy'B~h: .
Ms. Heather Ntle&
AsS0Cfate . .PfajectM$ager
PBST
iS80 S. Dairy.N;flfo~d:S~ Suite 300 Ho~ton; Texas 77071-4760
UilsdS inre~~fo yo,w~e.tter 9!«Dct-0.b·~ .n, 2003, .requesting a mo4ification to
De,p~MftP.e;~Y:::~i~.1~9.i.0041~ for th~ constrocli9Il of a mixed development by
Mr. Tim-Growle:t; en.a '735 ~.property f!lJCa~ soll'.tl:ieast of College :$tation alo"ng Spn:~g.
Creek in Btazos Coun~, 'tex'c!S.
We have reviewed and hereby ,approV'~ yo~ request Permit Number 1997004 76 is modified ·
as fullows:
l. Replace sheets 1 ott.2 Witl:l s~~~~ l of ti.,,·~~ D.ecei:nber 2003 _( enclQSe<l).
2. Replace ''D«~mber 3], ~003" in:~eral Condition 1 on page one of the permit with
"December 3-1, 2005" ..
This nrodification is e:ff~tive i~tely. M:I oth.ertenns and.P9oditi-0ns pf the .original
petmlt remain in;.fu1H9~e-'1,Udefi'i:ct, IfYQU ,have any questfon.s· com;:eming this Jetter. please
c0nlaci Mt. Barry Osboin:,i¢ the ad~.s abo¥e· or telephone (817)886-17'.k
Sincerely,
)~ 4tf~eA..Lea
Chief; Regulatory Branch
Enclosure ilQll81T '~ '-j_ . . . -
Copies Fllf,iilsj::ied:
Mr. Robert'T: Pine
Super:ri~OJ
U.S. Ftsh ·and Wjldlife SCI¥ice
10711 Bti:met R.6~ 'SUite 200
Austin, Teia,s 78~.S:S
Doc Bk Vol Pg lilli879783 OR 6475 264
·~·~· ;1··'. ·.,.'. TEUS ··~ * t
z <> Q 0 Z3
1 APPROXtlolATE SC~LE IH MILES s ~ c
~ Jo,..~....,.,.....~.......,.......,~_,_.......,.......,~.......,.......,~~~.......,.......,.......,.......,.......,.,,_.~~.......,,.--.........,.......,.......,.......,.......,.......,~~.......,.......,.,.... ..... .......,.......,.......,.......,.......,~.......,.......,.......,~
'l' PURPOSE:• @) ~ ;rne ~!! of tr.rs rroJec:t l·s 'to creote o mixeo us.e
.9eve·foPment to loc,IUdtl .s~nc;i'fe ~. N t'N-f.Qnl 1.y ·-= re&loet.t<lo.I ~. corrn>er.c:10-1 u~ a<l<I 1<1:;rt.1rut-1ono1 ~ ·uses, as w'!'·1 t os tnte9t"oted 'flOt.'f°e preserwis ()(.'!<!
~ ·s'tO<'m water det.e.-\tron foci II ties. .. ,. SUBMIT lEO BY•
E A 11 H E c H
A '/:tpr INTERN/tr/ONA!. L ra. C()MFVWY
lOCATt.QN
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~ BAS! SUP SOUltC~ l!N'1£0 .• $1',\T£S G(Qt.'OO~q.t. ~.V,£Y(~J!f5 .. l.CIWT£' SER•ES. ToPoGR~PHIC OOAORANGl.E. ,-WEl:il:BOAN,. l'EUS. 1,~'I. , P.HO~Y·I:~ l·UQ.
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. • -'r•.$·i~riHC:U URS. ooamerct ol .us;O. Oi'!(I lf.istitu.t.lo"°I .i us.~ os -•·i o$ fot:ecretod noti;ibe pi1eW.o•n-oOcs• ~ a:tonn wo't.er cie-tont'lon ·1oe It It 1.11&.
er: ... ,,. SU6M1 TTEO BY•
E A R H @ [ c -'
A ~INTERNATIONAL l TO. COHPANi'
-SHE• 735-ACRE. CROWLEY TRACT
LOCAT'li>Ht COLLEGE S.TATl:ON
H
! Y'I. T.IM <:llOM.EY
CH(V!IOOI Towt;A COUNTY•. BRAZOS COUNT.-p""· -.-_ -t-.Nu.-,-b-19.,,. .. -9-1004--.-_. -7-6
Al'Rti;. tn9 r'QJ.ec m ~ . _ j L~-lO-• TOM.,....ucs._ .. _~~t-~_s_su_11_~_~~-3500.,.,.....,..-__,,,.,,...,..-..,---... ·~-· ,...· ·r ... ·~-· :T[ __ :_cit_: -~--_· ~_-_"_-::_--_·~--_--...1-_'t_1s_-:G_·. _s_r_o_·F>_o_GR __ A_P_a_·_,-c_.J._· .. • -._· .nec.·~.:.11.~ .. 1lf.2 .. ~ .. -.. · ."· .. ···•·•· _
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GQn~atlpn l~nia·wld·~ RE1Sm~.'~!ldary
Wetiands
Spring 0reek-an~·itS Td!Martes
Greenway ExhlbitiA
735-Acre;Orowley Property
COiiege Station, Sf'BZ®.County, Texas
Revised 'Site Plan
g Replaces previous E:xhibts 7, 8, 9, ·& 10. : , Pri!ject NU.mber 19.970047 6
·~ Note; •
g .... '91 ~t: !\4t.11m Crowley .Sheet 3 ¢:~.' 8.L.. _______________ ..,. '"7.f ·..,. ·;;.· .· ..._ . ..i.;,;~.....;P •. B.'S&l;;;;;;··;;.· ----....,;·iiiiiiDeciiiiii· iiiiiiiernkz;iii· !Iii. iilii.:WQS'iiili ..........
s~ "" ~· ~
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eonservaliu1l·Zone and Deed
R8$tiicted·BOUildary
Wetlailds
Sprir:ig Creek and its Tributaries
Greenway Exhibit SA
1000
I
735-Acre Crowley Property
College Statkm1 Brazoo County, Texas
Revised Site Plan
~ Replaces prevloos Exhlbts 7, 8, 9, & 10. . -.. ; . · Pr(Jject Number 1997004
• Note: j)
~ •o~--'... ·AppNcant: Mr. TimCrowley SheEt4·of6 gL.----------------------~--------~-.·~-~·-..,;,;-·-~-~~~Pa~S&J~.~-_..;;.;;.;...;Jiii·-·-~-;.Dm·eciiiiemm·mberiiiii. iillii .. •
Exhibit9A
735-:A'Cffl erowley Property
College Station, Brazes Coulil.ty, Texas
Revised Site Plan
"'· Replaces previous Exhibts 7, 8, 9, & 1-0. : Project Number 1997004~ [ Note: ,
·ff .. . AppliCeht: ,Mr. r&n Crowley Sh~ 5 of 6 g'._.,.. .................... ...,. ____ ... ,..~ .......... -.;!o:'._,;;···--~·~ent~·~·..m;,:;:·:P-~Bs&.J~~l--...;.,..,...m. ... Decllililiiemhiijii«:iili,cl003m'liill ...
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· ·Oonseila!tlon-.zo~ atXj .ri>eed
Resttl~~il<fsry, .
WeU_ands
Greenway
Con~oo Rese~e
O~ Restricted Na'tuml .Area
~1 38:06·Ac..
GooS"ef,vaHoi:l Reserve
'OpenSpace
EXhibttJ4A
735-A.cre crOwJe.y Pro~rty
College Station, Bratos County, Texas
l>raject Numb er 1997004 76
•
Revised Proposed Mitigation
~· .• :::...a.. · ~licant w. nm.Crowley Sheet 6 11f'6 ~'!"'"'~---..----~--------.._ __ ..,. .... _.~llO~.~ ...... ~· ~· .,il.:~:li,..J·P6S&:l~.·~·._....,....J~...iDec~:em~-~~:er~.~2003!·~ .....
Doc Bk Vol 00879783 OR 6475
Filed for Rrconl i 1: 8Zlll ID.l1'Y
On: J~n 14,all!S at 13:821>
As a
Re1:11rdings
11179713
45.81
Receipt NUlber -258618 By,
Cynthia Rincon •r• mity.ibatm7~: fill~ • w • tilt sta bertll " le
.. 185 dal1 naNld .ii lllt "l• • ,. If 111t Ullll ncns If: llllli IDlllY as ~ llrtol bf a.
Jan 1412005
-' DEPARTMENT OF THE ARMY
FORT WORTH DISTRICT, CORPS OF ENGINEERS
P. 0 . BOX 17300
FORT WORTH, TEXAS 76102-0300
REPLY TO
ATTENTION OF·
December 16, 2003
Planning, Environmental, and Regulatory Division
Regulatory Branch
SUBJECT: Project Number 199700476
Ms. Heather Niles
Associate Project Manager
PBSJ
1880 S. Dairy Ashford St., Suite 300
Houston, Texas 77077-4760
Dear Ms. Niles:
This is in response to your letter of October 22, 2003, requesting a modification to
Department of the Army permit 199700476 for the construction of a mixed development by
Mr. Tim Crowley, on a 735 acre: property located southeast of College Station along Sprn~g
Creek in Brazos County, Texas.
We have reviewed and hereby approve your request. Permit Number 199700476 is modified
as follows:
1. Replace sheets 1 of 12 with sheets 1 of 6, dated December 2003 (enclosed).
2. Replace "December 31, 2003" in General Condition 1 on page one of the permit with
"December 31 , 2005".
This modification is effective immediately. All other terms and conditions of the original
permit remain in full force and effect. If you have any questions concerning this letter, please
contact Mr. Barry Osborn at the address above or telephone (817)886-1734.
Sincerely,
" -1/f ;;e A. Lea~
Chief, Regulatory Branch
Enclosure
•
Copies Furnished:
Mr. Robert T. Pine
Supervisor
U.S. Fish and Wildlife Service
10711 Burnet Road, Suite 200
Austin, Texas 78758
-2-
z Cl 0 a: ~ ::I u 0 _,
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LOCATION
0 23
APPROXIMATE SCALE IN MILES
BASE MAP SOURCE• TEXAS DEPARTMENT OF TRANSPORTATION,
PUAPOSE1
The purpose of this project Is to create a mixed use
development to Include slnQle and multl-fCJlll ly
resldentlol uses, comnerclol uses, and lnstltutlonol
uses, os wel I os lnteQroted nature preserves and
storm water detention foci II ties .
SUBM I TTEO 8Y1
!.ft. TIU CROWLEY
CHEVRON TOWER
1)01 MCKINNEY, SUITE 3500
HOUSTON, TEXAS 77010
APRIL, 1999
LJA PROJECT NO. ~591-9811
EARTH TECH PROJECT NO. IO~OCO
OFFICIAL TRAVEL MAP 1995.
E A R E c
A ~qco INTERNATIONAL LTD. COMPANY
SITE1 735-ACRE CROWLEY TRACT
LOCATION1 COLLEGE STATION
H
--~~~~~~~~~.., COUNTY1 BRAZOS COUNTY Project Number 199700476
Sheet 1 of6 GENERAL LOCATION December 2003
z 0 0
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LOCATION
0 2000
SCALE IN FEET
BASE MAP SOURCE• UNITED STATES GEOLOGICAL SURVEY. 7.5 MINUTE SERIES TOPOGRAPHIC OUAORANGLE, WELLBORN. TEXAS, 1961. PHOTOREV I SEO 1980.
~ t-~~~~~~~~~~~~~~~~~~~~~~~..-~~~~~~~~~~~~~~~~~~~~~~-
~ PURPOSE•
U> N ... The purpose of this project Is to create a mixed use
development to Include slnQle and multl-fomlly
~ resldentlol uses, conmerclol uses, and lnstltutlonol
~ uses. os wel I as lnteorated nature preserves and ci storm water detention facilities.
0: G.
/
-
SUBMITTED BY•
MR. TIM CROWLEY
CHEVRON TOWER ... 1301 MCKINNEY, SUITE JSOO g HOUSTON. TEXAS 77010 c LJ
APRIL, 1999
LJA PROJECT NO• 45'31·9811
EARTH TECH PROJECT NO. 104040
E A R E c
A "L"qco INTERNATIONAL LTD. COMPANY
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
H
COUNTY• BRAZOS COUNTv.-P-r-oJ-.e-t_t_N_u_m_b __ er __ l9_9_7_0_0_4_7_6..,
-Sheet 2 of 6
USGS TOPOGRAPHIC December 2003
E a. O>
""" ._.;.;
PROPOSED REZ
111.46 ACRES SECTION g
SINGl.£ f AMIL Y
11.5 ACRES
SECTION 10
SINGl.£ FAMILY
14.2 ACRES CURRENT ZONI G "A-0"
PROPOSED ZO ING "PDD-H"
SECTlON 11
SINClE FAMILY
10.2 ACRES
FVTVRI': 0£VE1.0PMENT SECTION 8 10.0 ArnES
SECTION 7
SF-ESTATE
26.l ACRES
GRUNS PRAIRIE IN\.£STORS. LTD. REMAJHOER Of 316.0Z ACRE TRACT VOL 3005, PG. 55
ZONED "A-0"
L-----------
Legend
Conservation Zone and Deed
Restricted Boundary
4f11Eia Wetlands
~ Spring Creek and its Tributaries
Greenway
0 250 500 1000
SCALE IN FEET
~ co
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>< w
w ,. w
en
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CJ ~ ::E
''BS' 1880 S.Dairy Ashford Rd., Ste. 300
• Houston, Texas 77077-4760
_.. .. .,. Phone: (281) 493-5100 fax: (281) 493-1047
Exhibit 7A
735-Acre Crowley Property
College Station, Brazos County, Texas
Revised Site Plan
~ Replaces previous Exhibts 7, 8, 9, & 10. Project Number 199700476
Note: ~
~ 'io Applicant: Mr. Tim Crowley Sheet 3 of 6
t> ~~ December 2003 01.. .............................. l!llllll ........ ...;;q:.. .. .J.~A~g:en~t-: ~-~P~B;S~&~J~ ...... .l.. .. ~~liiiliiiiiiii.iiiiii .. ~!111--
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Legend
.
;';..~:~~ .... ---.. -. 1.-.,
Conservation Zone and Deed
Restricted Boundary
Wetlands
Spring Creek and its Tributaries
Greenway
0 250 500 1000
SCALE IN FEET
F'BSl 1880 S.Dairy Ashford Rd., Ste. 300
a Houston, Texas 77077-4760
...... ,.... Phone: (281) 493-5100 fax: (281) 493-1047
Exhibit BA
735-Acre Crowley Property
College Station, Brazos County, Texas
Revised Site Plan
~ Replaces previous Exhibts 7, 8, 9, & 10. Project Number 199700476
Note: ~
~ 'io Applicant: Mr. Tim Crowley Sheet 4 of 6 u ~L December 2003
01.. .... !"'!l' ...... ~"!'l!l!--.... ~ ... 11!11"----~~;._ .......... ~;_ .. ...L,~A~e~n~t:--~P~B~S:&J~------...... llllliillllillll ............ .
~
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Legend
--------~.:--
Conservation Zone and Deed
Restricted Boundary
Wetlands
Spring Creek and its Tributaries
Greenway
1, -
0 250 500
SCALE IN FEET
Exhibit 9A
:.: -.t '.i
1000
735-Acre Crowley Property
College Station, Brazos County, Texas
Revised Site Plan
~ Replaces previous Exhibts 7, 8, 9, & 10. Prcrject Number 199700476
Note: 6)
~ '°lo Applicant: Mr. Tim Crowley Sheet 5 of 6 u ~..t December 2003 ol. ................................................ ...;~ .... ...l.~A~en~t-:_..P~B~S~&J~-............................... ...
..-
N 0 ~ ..-u. ID
-.----------------------------------------.....
Approx. 33.0 Ac.
Deed Restricted
Natural Area
V!ZZl!l!lZZ~
~
Conservation Zone and Deed
Restricted Boundary
Wetlands
Spring Creek and its Tributaries
Greenway
Conservation Reserve
Deed Restricted Natural Area
28-1 38.06 Ac.
Conservation Reserve
Open Space
Exhibit 14A
735-Acre Crowley Property
College Station, Brazos County, Texas
Revised Proposed Mitigation
~ ~ Project Numb er 1997004 76
; • Applicant: Mr. Tim Crowley Sheet 6 of 6 ~ ... !!ll!!!!!!ll!~---ll!l!mlllll!im!-lllllll!llmll!~!ll!l!!lill!i~--~-.. ....... •.0.rl .. h .. ~A~en~t:.._~P~B~S~&~J ...... ..L. .... ~D~e~c~em~b~er~20~0~3~ ..... .JI
• /
Document No. 030335
PBS&J Job No. 460813.00
2003 INTERIM WRITTEN COMPLIANCE REPORT
FOR MR. TIMOTHY CROWLEY
THE CROWLEY PROPERTY INDIVIDUAL PERMIT
(CROWLEY TRACT AND CASTLEGATE SUBDIVISION)
COLLEGE STATION, BRAZOS COUNTY, TEXAS
Prepared for:
Mr. Timothy Crowley
1301 McKinney, Suite 3500
Houston, Texas 77010
Prepared by:
PBS&J
1880 S. Dairy Ashford St.
Suite 300
Austin, Texas 77077
October 2003
Printed on recycled paper
Contents
Page
1.0 INTRODUCTION .......................................................................................................................................... 1-1
2.0 SITE VISIT ..................................................................................................................................................... 2-1
3.0 RESULTS ...................................................................................................................................................... 3-1
3.1 SCHEDULE CHANGES ....................................................................................................... 3-1
3.2 SUMMARY OF ACTIVITIES ................................................................................................. 3-1
3.3 COMPLIANCE WITH PERMIT CONDITIONS ..................................................................... 3-2
Appendices
Appendix A U.S. Army Corps of Engineers Individual Permit
Appendix B Revised Site Plans*Exhibits 7 A, 8A, and 9A
Appendix C Site Photographs
460813.00 I 030335 ii PBSJ
1.0 INTRODUCTION
Per the request of Mr. Barry Osborn, U.S. Army Corps of Engineers (USACE) Project
Manger, for [ndividual Permit No. 199700476 (Appendix A), PBS&J is submitting an Interim Written
Compliance Report for the development activities that have taken place on the Crowley Property located
in the western quadrant of the intersection of SH 6 and Greens Prairie Rd., College Station, Brazos
County, Texas. To date, the majority of the southern portion of the property (south of the TxDOT SH 40
easement) has been sold to Greens Prairie Investors, Ltd., by Greens Prairie Associates, LLC. This tract
of land, herein referred to as the Castle gate Subdivision, has completed nearly 95% of the site preparation
activities to accommodate construction of a residential subdivision. Mr. Crowley has retained one tract
south of the TxDOT SH 40 easement for future institutional development. A large majority of the tracts
east of Tributary 4 within Castlegate Subdivision have already been developed (Appendix B, Exhibi ts 7 A
and 8A). The northern portion of the Crowley Property (north of the SH 40 easement), herein referred to
as the Crowley Tract, has a lso begun site preparation for development, including construction of an
entrance road off of the SH 6 frontage road, a detention pond, and channelization of Spring Creek.
The above-mentioned site preparation activities are approximately 95% complete 111
Castlegate Subdivision, and homes are under construction on approximately 60% of the residential lots.
Site preparation acti vities are approximately 25% complete on the Crowley Tract; only one set of patio
homes is currently under construction on this tract. The entire Crowley Property project resulted in 5.89
acres of impact to waters of the U.S. Of these impacts, the Castlegate Subdivision impacts account for
2.615 acres of these total impacts. These 2.6 15 acres of impacts include 0.82 acre of wetlands and 1.795
acres of waters associated with Spring Creek. The Crowley Tract accounts for 3 .275 acres of the total
5.89 acres of impacts. These 3.275 acres of impacts include 1.94 acres of wetlands and 1.3 35 acres of
waters associated with Spring Creek (this waters acreage includes a small portion of Tributary 2 located
within the commercial tract of land Mr. Crowley retained south of the SH 40 easement).
The pre-construction conditions of th e project area were described m Earth Tech 's
Wetland Delineation Report that was submitted to the USACE. On January 18, 2001, the USACE
authorized the project under the Clean Water Act (CW A) (Section 404) Individual Permit No.
199700476. A copy of the permit is located in Appendi x A. The permit contained several general and
special conditions, including a special condition for a compliance report (special conditio n No. 2). In
accordance with special condition No. 2 and the request of Mr. Osborn, Mr. Crowley, through Texcon
Engineers, contracted PBS&J to conduct a site visit of the project area and to prepare the required in terim
compliance report for the project. Because the project is not yet complete, this report is referred to as an
interim compliance report. Mr. Crowley will adhere to the req uirement of the permit and provide a final
compliance report when the authorized activities of the pem1it are complete.
460813.00 I 030335 1-1 PBSJ
2.0 SITE VISIT
On July 23, 2003, PBS&J Staff Ecologists Heather Niles and Cathy Hood visited the
project area. The purpose of the site visit was to:
1. Determine the permittee's compliance with general and special conditions as
outlined in the USA CE Section 404 permit dated January 18, 200 l (Appendix
A).
2. Document the progress and/or completion of all authorized work. Please refer to
Exhibits 7 A, 8A and 9A (Appendix B, Revised Site Plans) and photographs of
the site (Appendix C).
The ecologists visually accessed the area to determine compliance with the conditions of
USACE Permit Number 199700476. A summary of the findings and site conditions are discussed below.
460813.00 I 030335 2-1 PBSJ
3.0 RESULTS
3.1 SCHEDULE CHANGES
The schedule for the proposed project has been revised. Completion dates are not known
on an activity-specific basis; however, site preparation activities and construction activities are currently
on-go mg.
3.2 SUMMARY OF ACTIVITIES
The following activities have occurred during the reporting period.
• Castlegate Subdivision has completed nearly 95% of the site preparation activities,
• Castlegate Subdivision has constructed approximately 60% of the residential areas,
• All impacts to waters of the U.S. covered under this Individual Permit in the Castlegate
Subdivision portion of the property are complete, to include:
0.045 acre of fill and 0.05 acre of impoundment to Tributary 2;
0.09 acre of fill and 0.03 acre of temporary excavation to Tributary 4;
0.017 acre of fill and 0.004 acre of temporary excavation to Tributary 5;
1.56 acres of draining to Impoundment 1;
0.04 acre of fill to Wetland L;
0.45 acre of draining to Wetland M;
0.33 acre of draining to Wetland N.
• Approximately 25% of the Crowley Tract has undergone site preparations activ1ties for
development, including the construction of an entrance road from SH 6, a detention basin, a
set of patio homes under construction, and channelization of Spring Creek. The following
authorized activities have occurred during this reporting period:
0.75 acre of the total 0.85 acre of impacts to Spring Creek resulting from 0.61 acre of fill
and 0.14 acre of draining associated with the channelization of Spring Creek. Remaining
is 0.10 acre of fill resulting from the two proposed roadway crossings. One road
(Decatur Drive) has not yet been built and one road is proposed to be relocated to cross
Tributary 4 (details of the road relocation will be provided in a supplemental permit
modification request),
0.44 acre of fill in Tributary 1,
460813.00 I 030335 3-1 PBSJ
3.3
Wetlands A, B, C, D, and F have been filled as proposed in the Individual Permit. There
are two wetlands (B and E) that have not been completely filled due to the preliminary
stage of development at these locations; however, as the development continues, these
areas are proposed to completely filled as discussed in the permit. The total impacts
associated with these wetlands (assuming full impact) is 1.74 acres,
0.20 acre of fill in Wetland K has not yet occurred (see site photographs, Appendix C),
0.045 acre of fill in a portion of Tributary 2 (immediately south of the SH 40 easement)
has not yet occurred.
• Only approved work in the conservation easement has taken place. This work includes the
filling of Wetland F and the channelization of the southern end of Spring Creek, which
crosses into the Conservation Easement.
COMPLIANCE WITH PERMIT CONDITIONS
Per the requirements of the Special Conditions issued m the individual permit, the
following information is being provided for your review. Please note that not all of the authorized
activities are complete; therefore, information requested in the Special Conditions on "final " site
conditions are not provided. The permittee, is in the process of complying and will continue to comply
with the general and special conditions:
General Conditions
1. "The time limit for completing the work authorized ends on December 31, 2003.
460813.00 I 030335
If you find that you need more time to complete the authorized activity, submit
your request for a time extension to this office for consideration at least one
month before the date is reached."
Due to design alterations and natural events (i.e., rain), the authorized work will
not be completed by December 31, 2003. Mr. Timothy Crowley will be formally
requesting a time extension on his individual permit to complete the proposed
construction activities on his property.
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 third party in compliance with General
Condition 4 below. Should you wish to cease to maintain the authorized activity
or should you desire to abandon it without a good faith transfer, you must obtain
a modification of this permit from this office, which may require restoration of
the area."
3-2 PBSJ
The authorized activities covered under this permit have not been abandoned.
All property transfers will be made through a good faith transfer and comply with
the conditions of this permit as specified in General Condition 4.
3. "If you discover any previously unknown historic or archaeological remains
while accomplishing the activity authorized by this permit, you must
immediately notify this office of what you have found. We will initiate the
Federal and state coordination required to determine if the remains warrant a
recovery effort or if the site is eligible for listing in the National Register of
Historic Places."
No previously unknown historic or archaeological remains have been discovered
on the property. Should such remains be discovered during the continued
authorized activities on the property, conditions set forth in this Special
Condition will be adhered to.
4. "If you sell the property associated with this permit, you must obtain the
signature of the new owner in the space provided and forward a copy of the
permit to this office to validate the transfer of this authorization."
460813.00 I 030335
A portion of the permitted 735-acre tract of land was sold to Greens Prairie
Investors, Ltd., by Greens Prairie Associates, LLC. This tract of land is known
as the Castlegate Subdivision. Since the entire property (project) was not
transferred, it is our understanding that this transfer of authority does not apply in
this situation.
5. "If a condition of water quality certification has been issued for your project, you
must comply with the conditions specified in the certification as a special
conditions to this permit. For your convenience, a copy of the certification is
attached if it contains such conditions."
All of the conditions set forth in the Section 401 Water Quality Certification have
been adhered to.
6. "You must allow representatives from this office to inspect the authorized
activity at any time deemed necessary to ensure that it is being or has been
accomplished in accordance with the terms and conditions of your permit."
3-3 PBSJ
Special Conditions
l. "The permittee shall implement and abide by the mitigation plan included in the
'Mitigation Plan for the Crowley Property in College Station, Brazos County,
Texas, Project Number 199700476' by HNTB Corporation, dated December 7,
2000. Completion of all elements of this mitigation plan is a requirement of this
permit."
To date. all proposed activities within the Mitigation Plan are in compliance.
Wetlands G. H, I, and J have not been impacted. Photographs of these wetlands
and the deed restricted area/conservation easement can be seen in Appendix C.
These areas remain natural and are only traversed by existing easements.
2. "The permittee shall submit a final written compliance report to the USACE
within 30 days after the completion of all construction and mitigation work that
includes the following:
460813.00 I 030335
a. a statement that the authorized work and required mitigation was done in
accordance with the USACE authorization, including all general and
special conditions;
b. a summary of all construction and mitigation activities that occurred
associated with the project, including documentation of the completion
of all work and compliance with all terms and conditions of the permit;
c. a comparison of the post-construction conditions of the project area to
the pre-construction conditions of the area;
d. a detailed description of all impacts to waters of the United States;
e. a map showing the final configuration of restored, enhanced, created and
preserved waters of the United States, including wetlands;
f. the final topographic elevations of the project;
g. a discussion about whether disturbed areas, such as borrow ditches, road
embankments, stream banks, road crossings, and temporary impact areas
are revegetating adequately and not suffering erosions damage; and
h. photographs and maps as appropriate to illustrate the information
presented.
A final compliance report will be submitted once all authorized work is completed.
3-4 PBSJ
'. \
'
April 19, 2001
Planning, Environmental, and Regulatory Division
Regulatory Branch
SUBJECT: Project Number 199700476
Ms.· Heather Niles
Environmental Scientist
HNTB Corporation
I 00 Glenborough Drive, Suite 1300
Houston, Texas 77067-361'1
Dear Ms. Niles:
This letter is in response to a February 22, 2001 , facsimile transmission request from Charles
A. Ellison, P.C., Attorneys at Law, concerning deed restrictions for Department of the Army
permit 199700476. The pennit authorizes the discharge of dredged and fill material into waters
of the United States associated with the construction of a mixed development by Mr. Tim
Crowley, on a 73 5 acre property southeast of College Station along Spring Creek in Brazos
County, Texas.
We have reviewed the information provided and have determined that a modification to the
permit is required. Permit Number 199700476 is modified as follows :
1. Replace the sentence in special condition 3 which reads "The pennittee shall provide a copy
of the recorded deed restriction to the USA CE by March 1, 200 l" to read "The permittee shall
provide a copy of the recorded deed restriction to the US ACE by August 1, 200 l"
This modification is effective immediately. All other terms and conditions of the original
permit remain in full force and effect. If you have any questions concerning this letter, please
contact Mr. Barry Osborn at the address above or telephone (817)978-33 54 .
Sincerely,
Wayne A. Lea
Chief, Regulatory Branch
/-;??Z -~3 1 -7 '7 SI
DEPARTMENT OF THE ARMY
FORT WORTH DISTRICT. CORPS OF ENGINEERS
P 0 BOX 1 7300
FORT WORTH. TEXAS 76102-0300
REPLY TO
A TT ENTIQtJ OF
Environmental Division
Regulatory Branch·
SUBJECT: Project Number 199700476
Ms. Heather Niles
Environmental Scientist
HNTB Corporation
100 Glenborough Drive, Suite 1300
Houston, Texas 77067-3611
Dear Ms. Niles:
January 18, 2001
I
I l
n c.:-_,., r-·:. 1-i··· • ....... ,·vc· D • --\..ll-.1 -
.J.L\N 2 2 2001
Hi'ff8
HOUSTON, TEXAS
Mr. Tim Crowley is hereby authorized under Section 404 of the Clean Water Act to
discharge approximately 5,250 cubic yards of dredged and fill material in waters of the United
States associated with the construction of an approximately 735-acre mixed-use development in
accordance with Permit Number 199700476. A copy of the permit is enclosed.
~
To use this permit, the person responsible for the project must ensure that the work is
conducted in accordance with the terms and conditions of the permit. We caution you to submit
revised drawings to us for approval prior to construction should any changes be found necessary
in either the location or plans for the work. Approval of revised plans may be granted if they are
found not contrary to the public interest.
This permit should not be considered as an approval of the design features of any structure
authorized or an implication that such construction is considered adequate for the purpose
intended. It does not authorize any damage to private property, invasion of private rights, or any
infringement of federal, state, or local laws or regulations.
We appreciate your interest in our nation's water resources, and your cooperation in
complying with our regulatory program. If you have questions in the future, please contact Mr.
Barry Osborn at the address above or telephone (817)978-3354.
Sincerely,
~.R_ao/fl-
WayneA<.Lea ,
Chief, Regulatory Branch
Enclosures
....
Copies Furnished I with enclosure:
Mr. Mark Fisher
401 Coordinator
-2-
Standards and Assessment Section (MC-150)
Texas Natural Resource Conservation Commission
P.O. Box 13087
Austin, Texas 78711-3087
Mr. Rollin MacRae
Texas Parks and Wildlife Department
4200 Smith School Road
Austin, Texas 78744
Mr. Thomas J. Cloud, Jr.
Field Supervisor
U.S. Fish and Wildlife Service
Stadium Centre Building
711 Stadium Drive East, Suite 252
Arlington, Texas 76011
Ms. Rebecca Weber
Chief, Marine and Wetlands Section (6WQ-EM)
U.S. Environmental Protection Agency, Region 6
1445 Ross A venue
Dallas, Texas 75202
.r
DEPARTMENT OF THE ARMY PERMIT
Permittee Mr. Tim Crowley
Permit No. 199700476
Issuing Office Fort Worth District
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 Engineers having jurisdiction over the permitted activity
or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and condit.ions specified below.
Project Description: To discharge approximately 5,250 cubic yards of dredged and fill material into water of
the United States associated with the construction of an approximately 735-acre mixed-use development.
The development will adversely affect approximately 5.89 acres of waters of the United States, including
approximately 7,200 feet of stream channel. Work will include the construction of an earthen channel in
Spring Creek which is 30 feet wide at the bottom. Construction will also include box culverts at road
crossings and modifications to existing tributaries. To compensate for unavoidable adverse impacts, the
permittee will implement a mitigation plan that includes the preservation of an approximately 33-acre
riparian area.
Project Location: The 735-acre project site is located southwest of Highway 6 and Prairie Road, along Spring
Creek and associated unnamed tributaries, at the southern edge of the city of College Station, Brazos
County, Texas. The permit area is near UTM coordinates 762282.50 East and 3383523.97 North
(Zone 14) on the Wellborn 7.5-minute USGS quadrangle map in the USGS Hydrologic Unit 12070103.
Permit Conditions: In accordance with attached Sheets 1-12 of 12 and Texas Natural Resource
Conservation Commission Section 401 Water Quality Certification, Pages 1-3 of 3, dated July 27, 2000.
General Conditions:
I. The time limit for completing the work authorized ends on December 31, 2003 . If you find that you need more
time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month
before the 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 party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized
activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this
office, which may require restoration of the area.
3. If you discover any previously unknown historic or archaeological remains while accomplishing the activity authorized by this
permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required
to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 Appendix A))
.~
4 . If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and
forward a copy 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 certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such
conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that
it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions: SEE PAGE 4 (Special Conditions)
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to :
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(x) Section 404 of the Clean Water Act of 1972 (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or locitl authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the
United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermined activities or structures caused by the activity authorized
by this permit.
d. Design or construction deficiencies associated with the permitted work.
2
e. Damage claims associated 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 on the information you provided.
5. Reevaluation of Pennjt 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 tenns 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 <lid 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 1 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 will normally giv~ favorable consideration to a request for an extension of this time limit.
Your sig~re below, as perrnittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
/ : M 4 ~~ / I ID I CXJ
(PERM/fTJ;E) C / ) (DATE)
Tim ¢rowley U
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
FOR THE
(DISTRICT ENGINEER)
Gordon M. Wells
Colonel, Corps of Engineers
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) (DATE)
3
Special Conditions
Permit Number 199700476
1. The permittee shall implement and abide by the mitigation plan included in the "Mitigation Plan for the
Crowley Property in Gollege Station, Brazos County, Texas, Project Number 199700476" by HNTB
Corporation, dated December 7, 2000. Completion of all elements of this mitigation plan is a requirement
of this permit.
2. The permittee shall submit a final written compliance report to the USACE within 30 days after the
completion of all construction and mitigation work that includes the following:
a. a statement that the authorized work and required mitigation was done in accordance with the
USACE authorization, including all general and special conditions;
b. a summary of all construction and mitigation activities that occurred associated with the project,
including documentation of the completion of all work and compliance with all terms and conditions of th e
permit;
c. a comparison of the post-construction conditions of the project area to the pre-construction
conditions of the area;
d. a detailed description of all impacts to waters of the United States;
e. a map showing the final configuration of restored, enhanced, created and preserved waters of the
United States, including wetlands;
f. The final topographic elevations of the project;
g. a discussion about whether disturbed areas, such as borrow ditches, road embankments, stream
banks, road crossings, and temporary impact areas are revegetating adequately and not suffering erosion
damage; and
h. photographs and maps as appropriate to illustrate the information presented.
3. The permittee shall dedicate in perpetuity by deed restriction, as a stream riparian and wetland
mitigation area, the approximately 33-acre mitigation area identified in the mitigation plan referenced in
special condition 1. The only exceptions to the deed restriction shall be easements in existence or
proposed on date of this letter. The mitigation area shall not be disturbed, except by those activities
specifically rovided for in the a roved mitigation plan or In the s ecial conditions for this permit. Unless
otherwise specified , livestock grazing, mowing, an s1m1 ar activities are not a owe . e permittee shall
survey the mitigation area, develop an appropriate deed restriction for the surveyed area, submit the draft
deed restriction to the USACE for review and approval, and record the USACE approved deed restriction
with the County Clerk. The permittee shall provide a copy of the recorded deed restriction to the USACE
by March 1, 2001. The restriction shall not be removed from the deed or modified without written approval
of the USACE and conveyance of any interest in the property must be subject to the deed restriction.
4
. t'
LOCATION
" \.
PURPOSE1
The purpose of this project Is to create o mixed use
development to Include sln91e and ITT.Jltl-foml ly
res I dent Io I uses, comnerc Io I uses, Inst I tut I one I
E A R
Project Number 199700476
Sheet 1 of 12
E ( H
uses, and recreotlonol uses, OS wel I OS lnte9roted A rL/~O/NTERNATJONAL LTD. COMPANY
nature preserves and storm water detent I on foe I I It I es.1------------------------------
SUBMITTED 8Y1
I.AR. Tit.A CROWLEY
CROWLEY DEVELOPtJENT CORPORATION
CHEVRON TOWER
1301 UCKINNEY. SUITE 3500
HOUSTON. TEXAS 77010
AUGUST, I 999
LJA PROJECT ND. ~591-9811
f"AOTu TC"ru Pon 1~rT 11.11"1 ,,,.,.""
S I TE1 735-ACRE CROWLEY TRACT
LOCATION1 COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TE XAS
I nr /\TI ('\1\1 u An
)
/
,/
,') I / ~~~····-'~:_:, · ..
I
LOCATION
PURPOSE1
The purpose of this project ls to create o mixed use
development to Include slnQle and ID.Jltl-foml ly
resldentlol uses, corrmerclol uses, lnstltutlonol
uses, and recreotlonol use~. as wel I as lnteQroted
E A
_/
. :
Project Number 199700476
Sheet 2 of 12
R T H@ T E c H
A -rqco INTERNATIONAL L TO. COMPANY
nature preserves and storm water detention foci I ltles.t------------------------
SUBM I TTEO BY•
~ UR. TIU CROWLEY
~ CROWLEY OEVELOPUENT CORPORATION
~ CHEVRON TOWER
~ 1301 MCKINNEY, SUITE 3500
"' HOUSTON. TEXAS 770 10
AUGUST, 1999
LJA PROJECT NO. ~591·9811
C' &OTU TC'("U con 1C'rT .. 1,.., ........... ,,..,
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY• BRAZOS COUNTY, TEXAS
11 <:.r:<:. Tl"'\Dl"'\f'D 11 ou 1 r u An
. :~. r
AREA
A
B
c
D
E
F
G
H
l
1
K
L
M
N
Total Wetlands
Spring Creek
Tributary 1
Tributary 2
Tributary 3
Tributary 4
Tributary 5
lmpoundment I
Total Waters,
excluding
wetlands
Total Waters,
including
wetlands
ON-SITE ACREAGE IMPACT
WETLANDS
0.48 0.48 acre
0.69 0.69 acre
0.18 0.18 acre .
0.02 0.02 acre
0.18 0.18 acre
0.19 0.19 acre
0.12 no impact
0.65 no impact
0.01 no impact
0.08 no impact
0.20 0.20 acre
0.04 0.04 acre
0.45 0.45 acre
0.33 0.33 acre
3.62 Total Welland Impacts: 2.76
I TYPE OF IMPACT
fill
fill
excavation
fill
fill
excavation
no impact
no impact
no impact
no impact '
fill
fill
draining
draining
1.61 acres fill, 0.37 acre excavation, 0. 78 acre
draining
WATERS OF THE UNITED STA TES, EXCLUDING WETLANDS
2.35
0.39
0.59
0.12
2.06
0.24
2.47
8.22
11.84
0.85 acre
0.44 acre
0.14 acre
no impact
0.12 acre
0.02 acre
1.56 acre
Total Waters Impacts: 3.13
TOTAL IMPACTS:
5.89 ACRES
0.71 acres fill, 0.14 acre draining
0.39 acres fill on-site, 0.05 acres fill off-site to
realign tributary
.09 acres fill, 0.05 acres impoundment
no impact
0.09 acre fill, 0.03 acre temporary excavation
0.017 acre fill, 0.004 acre temporary excavation
draining
1.35 acres fill, 1.70 acres drained, 0.05 acres
impoundment, 0.03 acre temporary excavation
2.96 acres fill, 0.37 acres excavation, 2.48 acres
draining, 0.05 acres impoundment, 0.03 acre
temporary excavation
The impacts listed on Table 1 are illustrated on sheets 4 through 8.
ENG FORM 4 345 EDITION OF SEP 91 IS OBSOLETE
Project Number 199700476
Sheet 3 of 12
z <.:> 0
ci. .... > 0
LOCATION
0 o. 25
SCALE IN MILES
......
·>'. ! ;
. ,
· ... · ..
. ··-.
. \.·~ .
'\ ··+ -~
· .... ~ '· .
LEGEND
WATERS OF THE UNITED STATE S
ADJACENT WETLANDS
rNATERS OF THE UNITED STATES)
PROJECT BOUNDARY LINE
- - - - -INSET BOUNDARY LINE
BASE MAP SOURCE• WETLAND DELINEATION EXHIBIT, 'PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED STATES ANO WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT,· AUGUST 1997. VERIF IEC
BY THE USAGE ON FEBRUARY 18, 1998, PROJECT NUMBER 1997004 76.
PURPOSE•
~ The purpose of this project Is to create o mixed use E R Project Number 199700476 ~ development to Include slnq le and multl -foml ly
"' resldentlol uses, comnerclol uses, lnstltutlonol ~ uses, and recreot I ono I uses, as we I I as I nteqroted A -rqco./NTE.n. ______________ _, Sheet 4 of 12
~ nature preserves and storm water detention foci I ltles.1--~~~~~~~~~~~~--~~~~~~~~~~~~~
N ...
"" V'> 0 ..,
0 er CL
SUBM I TTEO BY1
l.IR. T II.I CROWLEY
CROWLEY DEVELOPl.IENT CORPORATION
CHEVRON TOWER
1301 UCKINNEY, SUITE 3500
U "l 1('" T""
AUCUS T, I 999
LJA PROJECT NO. ~591·9811
SITE1 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY• BRAZOS COUNTY, TEXAS
EXISTING CONDITIONS
C:IT C (\\/CD\/ICIAI UAD
"· I
INSET B
< EXHIBIT 8 >
I
i i
-~I a c::
w -a: -< c:: c:.
'" ,_ z z '-' ..... LJ ~ i31 ..... \ v> .. .....
LOCATION
0 500'
SCALE IN FEET
: :-1.--"
l "f .'I · .. \
J .. ·:
' ' I
' I .,. ·-r ,.
,_;J '
I!
/·· -' -:-:~---
l i .. ;· .. , .. p:-.
(.
LEGEND
--"-WATERS OF THE UNI TEO STATES
I I
l>>tt:I
WATERS OF THE UNITED STATES
TO BE I MPACTEO
WETLANDS TO REMAIN
WETLANDS TO BE IMPACTED
PROJECT BOUNDARY LINE
- - - -INSET BOUNDARY LINE
----SANITARY SEWER
..... ~ _, ..... ~
CL
BASE MAP SOURCE• WETLAND DELINEATION EXHIBIT, "PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED
z STATES ANO WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT,· AUGUST 1997. VERIFIED g BY THE USACE ON FEBRUARY 18, 1998, PROJECT NUMBER 199700476 • ...
CL
0 PURPOSE1
~ The purpose of this project Is to create o mixed use ~ development to Include sln91e and rrultl-foml ly ~ ,..es I dent la I uses, comne,.-c Io I uses, t nst I tut I ono I
E A R T ; Project Number 199700476
Sheet 5 of 12 :;: uses, and recreot I ono I uses, as we I I as I ntec;iroted A rqci:.:_(N ._ _____________ ..
~ nature preserves and storm water detention foci I I ties.~~~~~~~~
17> "' ...
"" Ill 0 -,
0 er: CL
/
SUBMITTED 8Y1
MR. TIM CROWLEY
CROWLEY DEVELOPMENT CORPORATION
CHEVRON TOWER
1301 MCKINNEY, SUITE 3500
HOUSTON. T~xa~ 11n1n
AUGUST, I 999
LJA PROJECT NO. ~591-9811
r. OTU TC"ru DOI"\ tCrT "'" tf\Af\11"\
SITE1 735-ACRE CROWLEY TRACT
LOCATION1 COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TE XAS
PROPOSED CONDITIONS
I NC:.~T A
I I I
I I I
I
z <:> 0
·--1
--.\\
LOCATION
0
SCALE IN FEET
500'
INSET C
(EXHIBIT 9)
INSET A
( EXH I 8 IT 7)
'·
. i I .
" / (j• .. ·r-...\..J ~ ..... '
'II'' ~' , ~ ~· ' ;'l.<c~ .o ~o~ c.; ,i°> --·
i ~ -
L
.i
·. \ '
I ; ol ~--_.-._-::=-ir---te3 i c::s
' l
_ .. _ \~·-<:L - - - -
LEGEND
· w l
~ . c= 1' . ! ::; : ~1 ,..;... . . ~ ~! :I W I W W j VI C::' e. u,·
,z =:::; I
:w r :~ I
0. l
WATERS OF THE UNITED STATES
WATERS OF THE UNITED STATES TO BE IMPACTED
I · I
l>Kttd
WETLANDS TO REMAIN
WETLANDS TO BE IUPACTED
PROJECT BOUNDARY LINE
INSET BOUNDARY LINE
----•SANITARY SEWER
BASE MAP SOURCE• WETLAND DELINEATION EXHIBIT, "PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED
STATES ANO WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT,• AUGUST 1997. VERIFIE~ BY THE USACE ON FEBRUARY 18, 1998, PROJECT NUMBER 199700476.
00 1--~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-
:5 PURPOSE•
er 0. VI u
/
The purpose of this project Is to create o mixed use
development to Include slnole and multl-foml ly
residential uses, conmerclol uses, Institutional
~ uses, and recreotlonol uses, as wel I as lnteoroted
E A R T Project Number 199700476
Sheet 6 of 12
Arqco!N .................................. ...
~ nature preserves and storm water detention foci I ltles.1--~~~~~~~~~~~~~~~~~~~~~~~~
a-U"I .... SUBMITTED BY1 = MR. TIM CROWLEY ~ CROWLEY DEVELOPMENT CORPORATION ~ CHEVRON TOWER ~ 1301 UCKINNEY, SUITE 3500 0. 1<011.;rnN. ri:-11 0<; 11n1n
AUGUST, 1999
LJA PROJECT NO. 4591·9811
~. oTu Tcru oon 1C"rT "'n 1n4n1n
SITE1 735-ACRE CROWLEY TRACT
LOCATION1 COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TEXAS
PROPOSED CONDITIONS
I NC:::.f:"T R
z c.:i 0
,,.
.. ' " ' ·. '
! -
LOCATION
0
SCALE IN FEET
INSET 0
( EXHIBIT I 0 l
INSET B
( EXHIBIT 8 l
500'
LEGEND
.::::::==--::: WATERS OF THE UNITEO STATES
WATERS OF THE UNITED STATES
TO BE IMPACTED
~ETLANDS TO REMAIN I I
l::::r:+:::I WETLANDS TO BE IMPACTED
PROJECT BOUNDARY LINE
- - - -INSET BOUNDARY LINE
PROPOSED DRAINAGE CHANNEL
---SANITARY SEWER
J ..
0 c::
-. c:: .... -c: 0..
"' 2 .... w ~
BASE MAP SOURCE• WETLAND DELINEATION EXHIBIT, "PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED
STATES ANO WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT,· AUGUST 1997. VERIFIED BY THE USACE ON FEBRUARY I 8, 1998, PROJECT NUMBER 199700476.
~ PURPOSE• 0 er Cl. "' u
/
The purpose of this project Is to create o mixed use
development to Include single and multl-foml ly
res I dent Io I uses, corrmerc Io I uses, Inst I tut I ono I
E A R H Project Number 199700476
Sheet 7 of 12
;;; uses, and recreat I ono I uses, os we I I os I nte9rated A 'i'qco /NT£1"''1P!". '!'l', v"·""··_,.._..,.,.v!!' ... _'!l!'!"v .. ~ .. ""'-----~ nature preserves and storm water detention foci I I ties.~~~~~~~~~~~~~~~~~~~~~~~~~--"' "' ..
"' "' 0
"')
0 er Cl.
/
SUBMITTED BY1
UR. T It.I CROWLEY
CROWLEY DEVELOPMENT CORPORATION
CHEVRON TOWER
1301 UCKINNEY, SUITE 3500
HOUSTON, TEXAS 77010
AUGUST, I 999
LJA PROJECT NO. 4591·9811
EARTH TECH PROJECT NO. 104010
SITE1 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TEXAS
PROPOSED CONDITIONS
INC.FT r
.~
z ..,
0
ci
. ~ .
I . _J :. : ..... ; .... -
---. --. ------._·-:.
I ~... : L ... ' ! . ., f -I _:··;:-f
I'· I
LOCATION
0
SCALE IN FEET
BASE MAP SOURCE•
''i . .. \I
l ;
INSET C
< EXHIBIT 9 l
500'
..• L.:. .
.:.J'-.:·: .
. '. I-
LEGEND
:~:::::===:::-~ WATERS OF THE UNITED STATES
WATERS OF THE UNITED STATES
TO BE IMPACTED
WETLANDS TO REMAIN I I
ltrn><>>I WETLANDS TO BE IMPACTED
PROJECT BOUNDARY LINE
- - - -INSET BOUNDARY LINE
PROPOSED DRAINAGE CHANNEL
----SANITARY SEWER
WETLAND DELINEATION EXHIBIT, "PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED STATES AND WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT," AUGUST 1997. VERIF IED BY THE USACE ON FEBRUARY 18, 1998, PROJECT NUMBER 199700476 .
g, PURPOSE1
[ The purpose of this project Is to create o mixed use
:'.:development to Include slnQle and rn.iltl-fomlly ProjectNumber199700476
/ res I dent I 0 I uses, commerc I 0 I uses, Inst I tut I ono I Sheet a of 12
E A
~ uses, and recreot I ono I uses, as we I I as I nteQroted A t-q.qq fN_T1 .. _____________ _
' nature preserves and storm water detention foci I ltles.1--~~~~~~~~~~~~~~~~~~~~~~~~~-
.:: >< V'I 0 ...,
0 a: n.
SUBMITTED BYr
UR. T It.I CROWLEY
CROWLEY DEVELOPMENT CORPORATION
CHEVRON TOWER
1301 MCKINNEY, SUITE 3500
'-'"flC:TrH,1 Tcv .. C' ..,..,!\ 1 I\
AUGUST, I 999
LJA PROJECT NO. 4591 ·9811
SITEr 735-ACRE CROWLEY TRACT
LOCATION1 COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TEXAS
PROPOSED CONDITIONS
I ~I C" rT I""'\
290
285
280
275
270
265
260
255
250
0+00 I +00 2+00 3+00 4+00
LEGEND
I .. :::1 PROPOSED FILL
LOCATION f7//2 PROPOSED EXCAVATION
SCALE• ,. • 100' HOR. -FILL BELOW NORMAL
I' •I 0' VER. HIGH WATER MARK
NOTE• THIS EXHIBIT ILLUSTRATES A CROSS SECTION OF PROPOSED INFRASTRUCTURE IMPROVEMENTS ALONG SPRING CREEK. THIS CREEK, AS WELL AS TRIBUTARY I ANO A PORTION OF TRIBUTARY 2 ARE PROPOSED TO BE CHANNELIZED FOR THE PURPOSE OF CONVEYING STORMWATER DRAINAGE OFF THIS SITE . THIS REPRESENTS ~ A TYPICAL CROSS SECTION ALONG THESE AREAS PROPOSED FOR CHANNELIZATION.
0
ci PURPOSE• ::: -::::::;-...
~ The purpose of this project Is to create o mixed use
2 devel opment to Include single and m..Jltl-foml ly E A R H Project Number 199700476
~ res I dent Io I uses, corrmerc Io I uses. Inst I tut r ono I Sheet g of 12
~ uses, and recreot I ono I uses, as we I I as I nte9roted A t"qco_iNTEL. ____________ _,
• nature preserves and storm water detention foci I ltles.1--~~~~~~~....:.::..~~~~~~~~~~~~~~~ -"' "' ....
.::
"' VI 0 ...,
0 a: a..
/
SUBMITTED BY1
MR. T II.I CROWLEY
CROWLEY DEVELOPMENT CORPORATION
CHEVRON TOWER
1301 IACKINNEY, SUITE 3500
HOUSTON, TEXAS 770 10
AUGUST, 1999
LJA PROJECT NO. 4591-9811
EARTH TECH PROJECT NO. 104010
SITE1 735-ACRE CROWLEY TRACT
LOCAT ION1 COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TEXAS
TYPICAL CROSS SECTION
CHANNFI I 7 6. TI ON 01=" !RI=" !="I<
285
280
275
270
265
260
255
250
0•00
LOCATION
SCALE• , •• I oo· HOR.
1 • •IO' VER.
~ ~.
---:-'. .. . -~. \:
I •00 2+00
NG CllUX SPflJ
IZU-.____ r ~JIJJUR)J. GROJND
I
ti. : r -·. LI . LI .... ,
· .. · ./
ll
I'\ ~ [\
~~ L~~
3+00
6 • q,q 11.C.8
4+00 5+00
LEGEND
I <I
V//2 -
PROPOSED FI LL ·
PROPOSED EXCAVATION
FILL BELOW NORMAL HIGH WATER MARK
6•00
z 0 0
NOTE• THIS EXHIBIT ILLUSTRATES A CROSS SECTION OF A PROPOSED ROAD CROSSING OF SPRING CREEK. ALTHOUGH THE NUMBER OF BOX CULVERTS VARIES, THIS ILLUSTRATES A TYPICAL CROSS SECTION OF SEVERAL ROAD CROSSINGS PROPOSED FOR THIS DEVELOPMENT.
B PURPOSE• ~ The purpose of th Is project Is to create o m I xed use _, S development to Include slnc;ile and multl-fomlly E A R
"' residential uses, commerclol uses, Institutional
Project Number 199700476
Sheet 10 of 12 ;;; uses, and recreot I ono I uses, os we I I os I ntec;iroted A rqi::o {N ~ nature preserves and storm water detention foci I I ties.~~~~~~_::_:::..:::_:::_::.~=::=::=:=:=:=::::::::::::::::::=::=~--~ SUBMITTED BY•
• l.IR. T II.I CROWLEY
~ CROWLEY OEVELOPl.IENT CORPORATION
~ CHEVRON TOWER
~ IJOI MCKINNEY. SUITE 3500
0. ~f"lllC:Tn~ TC'VA~ 7 7f'\t1'
SITE1 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TEXAS
AUCUS T, I 999
LJA PROJECT NO. ~591-9811 TYPICAL CROSS SECT I ON
... ,..,,..,, ..,.,..,..,, '"''"',..., ,,..,... ''""' '""' .. "'" f"""lr'\ A r"\ l"nr'l r-r-It. Ir"'-
285
280
AllEA "Er
275 ,.,._ -~
r---. I-----..___. ; .
"N22/ 2 70
265
260 0+00 I +0 0 2+00
285
2 8 0
275
2 70 ""'-r//v//////V////// "/A.··
265
260 6+00 1+00 8+00
LOCATION
SCAL E1 1 • • I oo· HOR.
I" •10' VER.
~~~-I\
\ ~
i------' ·.11 . " ---
3+00 4+00 5+0_0
AREA "Jr
9+00 . 10•00 I 1+00
LEGEND
I :·::I PROPOSED FI LL
~ PROPOSED EXCAVATION
-
FILL BELOW NORMAL HIGH WATER MARK
z <:> 0
NOTE1 THIS EXHIBIT ILLUSTRATES A CROSS SECT ION OF PROPOSED FIL L TO BE PLACED IN WETLAND AREAS A AND B FOR THE PURPOSE OF ROAD CONSTRUCTION. THIS REPRESENTS A TYPICAL CROSS SECTION THROUGH WETLAND AREAS WHICH ARE PROPOSED TO BE FILLED.
d f-------------------------""T"""---------------------~~ :;! PURPOSE1
~ The purpose of this project Is to create a mixed use
8 development to Incl ude s l nQle and multl-foml ly ~ residential uses, corrmerclal uses, lnstltutlonal
E A R H Project Number 199700476
Sheet 11 of 12
~ uses, and recreotlonol uses, as wel I as lnteQroted A-rqco /NTEL-___________ __.
..'.. nature preserves and storm water detent I on foe I I It I es.1--------------
"' Ill .. SUBM I TTEO 8Y1
-UR. TIM CROWLEY
~ CROWLEY DEVELOPMENT CORPORATION 0 ci CHEVRON TOWER
g: 1301 MCKINNEY, SUITE 3500
_, HOUSTON. TEXAS 7701()
AUCUS T, I 999
LJA PROJECT NO. 4591-9811
i--,,...,,.." Tr-r u oon ,~,..T "''"" ,,..,,. ...... ,,..,
SITE1 735-ACRE CROWLEY TRACT
LOCATION1 COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TEXAS
TYPICAL CROSS SECTION
~II I ni:-W t:"TI ""'n f\Dt:'flC"
...
28-I 38. OG Ac. Conservation Reserve Open Space
Ap_prox. 33. o Ac. Deed Restricted Natural Area
:::;!i;
'•·"·
...
I d j' .> -~'t.
. ~,,
. ·: : : -~ ..
• '· 1•1
., LEGEND
WATERS OF THE UNITED STATES
WETLANDS
ri'/A TERS Of THE UNITED STA TES)
CONSERVATION RESERVE
DEED RESTRICTED NATURAL AREA
LOCATION PROJECT BOUNDARY LINE
0 1400'
SCALE IN FEET
z u 0
ri
BASE MAP SOURCE• WETLAND DELINEATION EXHIBIT, 'PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED
STATES ANO WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT,' AUGUST 1997. VERIFIED
BY THE USAGE ON FEBRUARY 18, 1998, PROJECT NUMBER 199700476.
> 0 z PURPOSE•
8 The purpose of this project Is to create o mixed use ~development to Include single and rrultl .. fomlly
"" res I dent I a I uses, conmerc Io I uses, Inst I tut I one I 0
E A R T H Project Number 199700476
Sheet 12 of 12 ~ uses, and recreotlonol uses, os wel I os lnte9roted A rlJC-17/NTE .......................... .,..___.
~ nature preserves and storm water detention focllltles.1--~~~~~~~~~~~~~~~~~~~~~~~~~~~
"' ....
.:
"' V'I 0 -,
0 ex n. ,,
SUBMITTED BY1
MR. T IM CROWLEY
CROWLEY DEVELOPMENT CORPORATION
CHEVRON TOWER
1301 MCKINNEY, SUITE 3500
HOUSTON, TEXAS 77010
AUGUST, 1999
LJA PROJECT NO. 4591-9811
C" •O TU TC"'ru oon tC"r T """ 11'\Al\I"
SITE1 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TEXAS
PROPOSED MITIGATION
fl pr:-fl C:
Attachment 1 -Dredge and Fill Certification
USAGE Permit No. 199700476
July 27, 2000
Page 1 of 3
WORK DESCRIPTION: As described in the public notice dated April 20, 2000.
SPECIAL CONDITIONS: None.
GENERAL: This certification, issued pursuant to the requirements ofTitle 30, Texas Administrative
Code, Chapter 279, is restricted to the work described in the application or joint public notice apd
shall expire five years from the date of issuance of the Corps of Engineers (COE) permit. This
certification may be extended to any minor revision of the COE permit when such change(s) would not result
in an impact on water quality. The TNRCC reserves the right to require full joint public notice on a request
for minor revision. The applicant is hereby placed on notice that any activity conducted pursuant to the COE
permit which results in a violation of the state's surface water quality standards may result in an enforcement
proceeding being initiated by the TNRCC or a successor agency.
STANDARD PROVISIONS: These following provisions attach to any permit issued by the Corps of
Engineers and shall be followed by the permittee or any employee, agent, contractor, or subcontractor of
the permittee during any phase of work authorized by a Corps permit.
1 . The water quality of wetlands shall be maintained in accordance with all applicable provisions of the
Texas Surface Water Quality Standards including the General, Narrative, and Numerical Criteria.
2. The applicant shall not engage in any activity which will cause surface waters to be toxic to man,
aquatic life, or terrestrial life.
3. Permittee shall employ measures to control spills of fuels, lubricants, or any other materials to
prevent them from entering a watercourse. All spills shall be promptly reported to the TNRCC,
Emergency Spill Response, at (512) 463-7727.
4. Sanitary wastes shall be retained for disposal in some legal manner. Marinas and similar operations
which harbor boats equipped with marine sanitation devices shall provide state/federal permitted
treatment facilities or pump out facilities for ultimate transfer to a permitted treatment facility.
Additionally, marinas shall display signs in appropriate locations advising boat owners that the
discharge of sewage from a marine sanitation device to waters in the state is a violation of state and
federal law.
5. Materials resulting from the destruction of existing structures shall be removed from the water or
areas adjacent to the water and disposed of in some legal manner.
6. A discharge shall not cause substantial and persistent changes from ambient conditions of turbidity
or color. The use of silt screens or other appropriate methods is encouraged to confine suspended
particulates.
7. The placement of any material in a watercourse or wetlands shall be avoided and placed there only
with the approval of the Corps when no other reasonable alternative is available. If work within a
Attachment 1 -Dredge and Fill Certification
USAGE Permit No. 199700476
July 27, 2000
Page 2 of 3
8.
9.
10.
14.
15.
16.
wetland is unavoidable, gouging or rutting of the substrate is prohibited. Heavy equipment shall be
placed on mats to protect the substrate from gouging and rutting if necessary.
Dredged Material Placement: Dredged sediments shall be placed in such a manner as to prevent
any sediment runoff ontO any adjacent property not owned by the applicant. Liquid runoff from the
disposal area shall be retained on-site or shall be filtered and returned to the watercourse from which
the dredged materials were removed. Except for material placement authorized by this permit,
sediments from the project shall be placed in such a manner as to prevent any sediment runoff into
waters in the state, including wetlands. 1
If contaminated spoil that was not anticipated or provided for in the permit application is encountered
during dredging, dredging operations shail be immediately terminated and the TNRCC, Emergency
Spill Response, shall be contacted at (512) 463-7727. Dredging activities shall not be resumed until
authorized by the Commission.
Contaminated water, soil, or any other material shall not be allowed to enter a watercourse.
Noncontaminated stormwater from impervious surfaces shall be controlled to prevent the washing
of debris into the waterway.
Stormwater runoff from construction activities (US EPA Category X) is governed by the requirements
of the US Environmental Protection Agency. Applications to apply for a general permit are to be
obtained from Region 6, US EPA at (214) 665-7185.
Upon completion of earthwork operations, all temporary fills shall be removed from the
watercourse/wetland, and areas disturbed during construction shall be seeded, riprapped, or given
some other type of protection to minimize subsequent soil erosion. Any fill material shall be clean
and of such composition that it will not adversely affect the biological, chemical, or physical properties
of the receiving waters.
Disturbance to vegetation will be limited to only what is absolutely necessary. After construction, all
disturbed areas will be revegetated to approximate the pre-disturbance native plant assemblage.
Where the control of weeds, insects, and other undesirable species is deemed necessary by the
permittee, control methods which are nontoxic to aquatic life or human health shall be employed
when the activity is located in or in close proximity to water, including wetlands.
Concentrations of taste and odor producing substances shall not interfere with the production of
potable water by reasonable water treatment methods, impart unpalatable.flavor to food fish including
shellfish, result in offensive odors arising from the water, or otherwise interfere with reasonable use
of the water in the state.
Surface water shall be essentially free of floating debris and suspended solids that are conducive to
producing adverse responses in aquatic organisms, putrescible sludge deposits, or sediment layers
which adversely affect benthic biota or any lawful uses.
Attachment 1 -Dredge and Fill Certification
USAGE Permit No. 199700476
July 27, 2000
Page 3 of 3
17. Surface waters shall be essentially free of settleable solids conducive to changes in flow
characteristics of stream channels or the untimely filling of reservoirs, lakes, and bays.
18. The work of the applicant shall be conducted such that surface waters are maintained in an
aesthetically attractive condition and foaming or frothing of a persistent nature is avoided. Surface
waters shall be maintained so that oil, grease, or related residuewill not produce a visible film of oil
or globules of grease on the surface or coat the banks or bottoms of the watercourse.
19. This certification shall not be deemed as fulfilling the applicant's/permittee's responsibility to obtain
additional authorization/approval . from other local, state, or federal regulatory agencies having
special/specific authority to preserve and/or protect resources within the area where the work will
occur.
MITIGATION PLAN
For
The Crowley Property in College Station, Brazos County, Texas
Project Number 199700476
December 7, 2000
Introduction
Waters of the U.S., Including Wetlands
A total of 5.89 acres of impacts to Waters of the U.S., including wetlands, is proposed for
the Crowley tract in College Station, Brazos County, Texas by the construction of a
mixed-use development. To mitigate for these impacts, an approximately 33-acre area
that includes a portion of Spring Creek, Tributary 3, a portion of Tributary 4, Wetland
Areas H, I and J, and the surrounding ri.121Uian corridor will be greserved by means o{ .
deed restricting this area._Not only would this area be preserved,jJLP~metyity. but
seco;idary,_ i1E£acts_resulting from development of the Crowley tract to Tributary 3, a
portion of Tributary 4, a portion of Spring Creek, and Wetland Areas H, I, and J wouid be
minimized or totally eli,m!n.a~,. This deed restricted area, as illustrated in Exhibit 14,
may at some point be deeded, or donated, to the City of College Station or another entity
if Mr. Crowley so chooses.
Endangered Species and Habitat
A Biological Opinion was issued for the Crowley tract by the U.S. Fish and Wildlife
Service for the impacts to the Federally listed endangered species Navasota ladies'
tresses. The construction activities associated with this development project will impact
14 individuals of NLT. As recommended by the USFWS, a total of 38.06 acres of
riparian habitat will be preserved through the creation of a Conservation Reserve on the
Crowley tract. The Conservation Reserve, as illustrated in Exhibit 14, consists of a
heavily wooded riparian corridor surrounding Tributary 2 and a portion of Spring Creek
located to the north of proposed State Highway 40 which traverses roughly through the
center of the Crowley tract. This Conservation Reserve is the result of a cooperative
effort between Mr. Crowley and the Texas Department of Transportation (as well as the
USFWS) in conjunction with the development of the currently proposed State Highway
40 through the Crowley tract.
This Conservation Reserve will be preserved and enhanced by TxDOT as stated in their
Com ensation a Plan for the purpose of safeguarding the actual plants
an e a itat of the NLT previously identified in the proposed State Highway 40 right-
of-way as well as on other areas of the Crowley tract. According to the USFWS, this
Conservation Reserve will provide suitable mitigation for impacts to NLT plants
resulting from the State Highway 40 project as well as the Crowley development. The
majority of the NLT plants identified on the Crowley tract, as well as the most suitable
habitat for the plant, are located within the area now designated as the Conservation
Reserve. Aside from preserving the tributary, stream, and wetland features on the
approximately 33-acre deed restricted area, this riparian corridor would remain intact and
would actually link to the riparian corridor established by the Conservation Reserve on
this property. The net effect would create a contiguous riparian corridor area of
approximately 71.06 acres in size (approximately 33-acre deed restricted natural area plus
38:06-acre Conservation Reserve) on the Crowley property.
Signed: _________ _ Date: ------
Heather Niles
Environmental Planner-HNTB Corporation
For
Mr. Tim Crowley
Crowley Development Corporation
(33 CFR 325) Expires October 1996.
Public reporting burden for this collection of Information ls estimated to average 5 hours per response, Including the time for reviewing Instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing tha coDection of Information. Send comments
regarding this burden estimate or any other aspect of this collection of Information. Including suggestions for reducing this burden, to Department of
Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington,
VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Please DO NOT
RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location
of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require authorizing activities In, or affecting, navigable waters
of the United States, the discharge or fill material Into waters of the United States, and the transportation of dredged material for the purpose of
dumping it into ocean waters. Routine Uses: Information provided on this form will be used In evaluating the application for a permit. Disclosure:
Disclosure of requested information Is voluntary. If Information Is not provided, however, the permit application cannot be processed nor can a permit
be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and Instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity.
An application that Is not completed In full will be returned.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1 . APPLICATION NO. 2. FIELD OFFICE CODE 3. DA TE RECEIVED 4. DATE APPLICATION COMPLETED
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANT'S NAME
Mr. Tim Crowley
8. AUTHORIZED AGENT'S NAME AND TITLE (an agent 1s not requiredl
Ms. Heather Niles
Wetlands Ecologist
9. AGENT'S ADDRESS 6. APPLICANT'S ADDRESS
Mr. Tim Crowley
Crowley Development Corporation
Chevron Tower
Earth Tech, Inc. (formerly Rust Environment & Infrastructure)
2929 Briarpark Drive, Suite 600
1301 McKinney Street, Suite 3500
Houston, Texas 77010
7. APPLICANT'S PHONE NOs. W/AREA CODE
Houston, Texas 77042
10. AGENT'S PHONE NOs. W/AREA CODE
a. Residence Not Applicable a. Residence Not Appli.cable
b. Business (713) 651-1771; fax (713) 427-8791 b. Business (713) 953-5152 or (713) 785-9BOO; fax (713) 953-5042
11 . STATEMENT OF AUTHORIZATION
-=-"::::,...,.""'"''-""..,._,_ _____ to act in my behalf as my agent in the processing of this application and to furnish, upon request,
· n in suppo of this permit appli tion.
/;2-11-Cf/
DATE
N, AND DESCRIPTION OR PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE <see 1nstruct1onsl
735-acre Crowley Tract
13. NAME OF WATERBODY, IF KNOWN Uf applicable!
Spring Creek and associated unnamed tributaries as well as nearby
wetland areas
15. LOCATION OF PROJECT
Brazos County Texas
COUNTY STATE
14. PROJECT STREET ADDRESS !if 1pplicablel
State Highway 6 and Greens Prairie Road
College Station, Texas
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see Instructions} Section. Township. R•ng•. l•tllon. and/or Accessora"s Parcel Number. for example.
Sea Block 16 attachment for metes and bounds description.
17. DIRECTIONS TO THE SITE
From Houston, travel west on U.S. Highway 290 to Hempstead. In Hempstead, exit State Highway 6, and travel north through Navasota to Greens Prairie
Road located at the southern edge of College Station, Texas. Take the Greens Prairie Road exit, and turn left at the traffic light at Greens Prairie Road
The site is located immediately west of State Highway 6 and immediately north of Greens Prairie Road. See Exhibits 1, 2, and 3 for the location of thi~
site.
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-ORI
18. Nature or ACUVllY (Uescrlptlon or project. include all JeaturesJ
The activity associated with this project involves impacting approximately 5.89 acres of waters of the United States, including wetlands, within the
approximately 735-acre Crowley tract for the purpose of constructing roads, drainage ditches, stormwater detention fa~ilities, ~n~ developi~g nun:ie!ous
tracts of land associated with the creation of a mixed use master planned development. The development plan for this area 1s illustrated in Exh1b1ts 6
through 10.
19. Project Purpose (Describe the reason or purpose of the project, see Instructions)
The purpose of this project is to create a mixed use development to include single and multi-family residential uses, commercial uses, institutional uses.
and recreational uses, as well as integrated nature preserves, green spaces with alternative transportation facilities such as pedestrian and bicycle
pathways, and stormwater detention facilities.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
See Block 20 attachment for a detailed description of impacts and reasons for discharge.
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Approximately 5,250 cubic yards of soil material is proposed to be placed below the normal high water line of Spring Creek and the associated tributaries
which meander through the Crowley tract. This includes approximately 4,260 cubic yards of fill to be placed below the normal high water line of Spring
Creek, approximately 640 cubic yards of fill to be placed below the normal high water line of Tributary 1, approximately 175 cubic yards of fill to be placed
below the normal high water line of Tributary 2, approximately 145 cubic yards of fill to be placed below the normal high water line of Tributary 4, and
approximately 30 cubic yards o'f fill to be placed below the normal high water line of Tributary 5. Tributary 3 will not be impacted by the proposed project.
Exhibits 11 through 1 3 illustrate typical cross sections of areas of proposed fill for the purpose of infrastructure improvements associated with this
development.
22. Surface Area in Acres of Wetlands or Other Waters Filled (see Instructions)
Approximately 5.89 acres of waters of the United States, including wetlands, are proposed to be impacted on the Crowley tract. Approximately 3.13
acres of waters of the United States, including Spring Creek and the associated tributaries, are proposed to be impacted by either filling, excavating,
impounding, or draining. An additional 0.03 acre of waters of the United States is proposed to be temporarily impacted for the purpose of sanitary sewer
placement, but will be restored to natural grade once the sanitary sewer is in place. Approximately 2. 76 acres of wetlands are proposed to be impacted.
These 2. 76 acres consist of approximately 1.61 acres of wetlands which are proposed to be filled, approximately 0.37 acre of wetlands which is proposed
to be excavated, and approximately 0. 78 acre of wetlands which is proposed to be drained. Exhibits 6 through 10 illustrate the proposed impacts. The
total acreage of waters of the United States, including wetlands, proposed to be impacted by this project is summarized in Table 1, provided with the Block
20 attachment.
23. Is Any Portion of the Work Already Complete? Yes No_x_ IF YES, DESCRIBE THE COMPLETED WORK
Some pre-construction activities on upland areas of the Crowley tract may be initiated prior to receipt of USACE Section 404 Permit approval; however,
no work within waters of the United States {including wetlands) has been initiated. Areas A, 8, E, and F {total Jess than 500 feet of non-forested wetlands)
may be impacted due to sanitary sewage construction; this construction will be in accordance with Nationwide Permit 12.
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental listl.
See Block 24 attachment for Adjoining Property Owners.
25. List of Other Certifications or Approvals/Denials Received from other Federal, State, or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL. IDENTIFICATION NUMBER DA TE APPLIED DA TE APPROVED DATE DENIED
No certifications or approvals have been issued for this project at this time.
• Would include but is not restricted to zoning, building, and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the
duly authorized agent of the applicant.
p-17-qq
DATE
d/eaJ!wJJA
SIGNATURE'd"F AGENT
;J,,oqz
DATE
The application must be si the person who desires to undertake the proposed activity {applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-ORl
Block 16.
Metes and Bounds Description
EXHIBIT "A"
734.96 Acre Trace
Robert Stevenson Survey. A-54
Brazos County, TcX03
Field notes of a 734.96 acre trace or pqrcel of land. lying and being
f>ituac:~d in c:he RobP.rt Stevenson Survay, Abs:tr..,ct No. 54, Bra:i:oc County, Texas,
and being pare: of t:he 749. 71 acre t:.r..,ct (net:) described in the Substitut:c
Trust:ee • s Deed from Gary Anderson. Subseir:ute Trust:ee to Mission Savine&
Association of Texas, as recorded in Volume 1093, Paee 838. of the 0££ici~l
Record& of Brazo!: County, Tex.:o.&, and beins more p.'.lrtieularl.y described '""'
.Cu.lluwo:
BP.GINNING at t:h<l l/2"iron rod ... t the 6" crco!:oC.c posi:: fence corner found
marking the weot corner of the before~encioned 749.71 acre erace;
THENCE along the northwest line of the b~forementioned 749.71 "'ere tract,
adjacent to a fence, ao followo!
ENG FORM 4345
N 44• 46' 54" E for a distance of 2025.92 ~eet to a cro5s-cie
fence corn4:r found m;;ark.ins the co=n corner
bct:1-leen the Wayne A. Dunlap, et al, 158 acre
tr~ct, aa recorded in Volume 263, Page 362,
·of the Deed Records of Brazo:s County, Texas.
and the A. S. McSwain, Jr., et al, 90 acre
tract, as recorded in Volume 335, Page 556,
of. the Deed Records of 8rA20s County, Texas:
N 44 • 50 • 48'0 E for a distance of l.277. 74 feet to the 5•• cedar
post fence corner found marking the common corn~r bet-..Jeen the s:aid McS-wain, Jr .• 90 a"cre
tract and t:he·A~ S. McS~ain 117-1/2 acre
tract, as recorded in Volume 186, Page 425,
of the Deed Records of Br.ai:os County, Texas;
N 44• 43' 57" E for a distance of l.493.24 feet to the 6" cedar
pos~ fence corner found ~rking the common
corner bet.ween t:he said McSwa.in 117-1/2 acre
tract ... nd the Ann McCltll.an Ferguson 50 acre
tract:, as recorded in Volume 304, Page 182,
of. the Deed Records of Br.:o.zos County •. Tex.as;
N 45• 10' 39~ E for a distance of 646.51 feet to the 1/2" iron
~ 45" 08' 15 .. E
N 43· 47' 19" E
N 43• 43' 55•• E
rod at 5.. cedar post fence corner found
marking the common corner between the said
Ferguson 50 acre tract. and the James D.
Ingi::"am. I-II, 88. 0 acre tract, a-. r~corded
in Volume 453, Page 151, of the Deed Records·
of ·Bra2os County, Tex~s: .
for .s di.st.o.nce of l.l.36.90 feet to the 1/2" iron
rod at: t:he 6 •· creosote post fence cor-ne~
found m.:o.rking the common corner between the
said Ine;ram, III·,· 88.0 .:>ere trnct and t:he
J. Spence Wendt 159.382 acre tract, as
recorded in Volume 545, Page 694. of the Deed
Records 0£ Br.axoc Count:y. T•n<.a.•;
for a discance 0£ 757.92 feet to the 1/2" iron
rod a~ cross-eie fence corner found marking
che common corner between thR Wendt l.59.382
acre cract and the Dwayne L. Rhea 15.0 acre
tract • .a~ rocordad in Vol.umc 421, Pa~e 234.
of the D .. ed Records of Bra2:os County. Texac:
for a distance of 2026.76 feet: to the 1/2" iron
rod 6et .in c.ln: ,,;outhwest: right:.-ot!-way l. ine
of State Highw;;ay No. 6, according t:o the
Judgement styled The St:ate of Texas versus
United Pour Joint Venture, et: al. as recorded
in· Volume 1153, Page 137, of t~e Official
·Record& of Brazos Couney, 1'cA...is, said
Judgement being a 14. 63 acre ere.ct: for
bighw.:::ay pu:rpocec (~he widening of State
Highway No. 6). a 6'" creosote post fence
corner boar~ S 55• 22' W 16.7 foot;
EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR)
Block 16.
Metes and Bounds Description
734.96 Acre Trace
Robert: St:even6on Survey, A-54
Rr~zos County, Texas
Continued -Page 2
THENCE
follows:
alont; chc :souchwest right.-of-w-.y line of St:at:e Highway No. 6 a&
s 47· 19' 17 .. E
s 43• 01' 56 .. E
s 47• 19° 17'" E
s 3a· 33' 26" E
s 43• 30' 26" E
for .. distance of 755 .16 feee to a concreLe
right-of-way marker found,
for a distance of 200.56 feet:. co a concrete
for
for
for a
right:-of-way marker found,
a dis;;t:.ance 0£ 600.00 feet to a concrote
right:-of-way marker found,
a ·distaoce of 12l.4.18 feet co a concr:ete
riRht:.-of-way mark.er found,
distance of 103.26 feet. t:o a 1/2" iron rod
found mark.in& t:he nort.h corner of a 0.88 acre
tract described in the deed t:o t:he City of
Coliege Station, Texas • .Cu: recorded in Volume
677~ Page 604, of the Official Records of
Braxo~ County, Texas. ~aid 0.68 acre trace
also known a:s Lot 1, Block 1, South Park
Ebt:.at:.c& -Ph.Ase One, according to the pl~t:
recorded in Volume 795, Page 259, of the
Official Record& of Brazos County, Te~as:
THENCE S 28" .59' 25" W along t:he northwest line of the beforementioned
0 . 08 acre era ct:, at a di seance of 200 .00 £ee.t:., pas.& the common corner between
t:he said 0.88 acre tract: and the General Telephone Oompany 0£ the Southwest: 0.61
acre Crace. as recorded in Volume 741, Page 502. of t:he Official Record6 of
Brazos Councy, Texas, said 0.61 acre cract: also known as Lot 2, Block l, South
Park £scaee.&,· continue on, for a total dist.ance of 370.00 feet to a 1/2" iron
rod found marking the west corner of the said o·. 61 acre tract;
TttBNCE S 60. 57' 54" E along .the southwe&c line of the 0 .61 ~cro trAct ,
for a discance of 190.74 £eat ~o a 1/2" iron rod set: in the t:.rAnsition rieht-
of-way line from Seate Highway No.6 to Greens Prairie Road, a concrece right-
of-way marker found marking t.he east: corner of t:he bcforementioned 0.88 acre tra~t bears N 29" · 01 • 21" E 310.22 feet;
THENCE S 28-59' 25" W alon11: the beforemantioned tran .. ition right-0£-
way line . for .a C.3 ~t:,nce of 328 .01 feet and corn,.r in the asout:heast line of t.h;-i
baforcmentioned 749. 71 acre era ct, .a con'crece r i Kht-of-way marker bears N 4!> ·;
S l' 57'' W l. 99 feet, a metal "r" post. markine: t:he beeinning of thG fenced
northwest line 0£ Greens Prairie Road by virtue of letter to Mr. Bill Cooley,
Councy Cornmiosioner, dated Nov .. ruber 12, 1984, recorded .in Volunu:. 745, Page 842;
of ch~ Official Records of Brazos Coun~y. Texas, bears S 12• 01' 42" W 55 .5
feec;
THENCE '"lone the southeast line of the bcforc~cntioned 749.71 acre eruct:
:os follows:
ENG FORM 4345
S 44" 34' 06" W for a distance of .542.90 !eec co an ancle point
corner. from which the center of the exist inc
p:ovemenc of Groans Prairie Road bear a
Southeast 24 feet, a 6h creosote pose fenc&
corner in che existing fenced northwest: line
of Greens Pr:oirie Ro:od be3rG N 78" 20' W
29.3 feet,
S 4.3" 56 · l.6" W for a di&c:ance of l52tL51 feet t:o an angle point
corner. located 31 .5 feet norchwest of tho
cen.t:er-of t:he center of point of Green&
Prairie Ro:od, from which a 1/2" iron rod
-c faun& at a cross-cie fence corner at: -::h.::
c:onvnon corner between the >Cetant:ch Wolf, 10
acre trace ~nd tho MLl.~on Will.lams Escatc,
in the Gouthcaat line of Greens Prairie Road
bears S 21 · 57' W 203.7 feet,
EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-ORI
Block 16.
Metes and Bounds Description
734.96 Acre Tract
Robert Stevenson. Survey. A-54
Bro~oo Councy. Tcxoo
Continued -Pase 3
S 44 • 43 · 19"" W for a dist:ance of 1266. 58 feet: t:o an angle point
corner, located 28 feet northwest of the
center of pavement of Green& Prairie Road,
from which a pow~r pole be~rG S 63• 47' W
72.3 feet,
S 43• 1.3• 37" W for a dis.cance of 1907.49 feet: co an angle point
corner, located 23 feet: northwest of the
center of pavement: of Greens Prairie Road.
from which a 6" creo&~te pose fence angle
po1nc in the norc:hwest: fenced line of Greens
Prairie Road bear& S 60' 28' W 77.0 feet:,
S 44" 40' 24" W for .a di&t:ance of 1475.82 feet to ari angle point
corner located 22 feet: nort:hw'esc of i:hc
center of p~vemenc of GFeens Prairie Road,
from which the 6" creosote post: fence corner
in the fenced northwe.st line of Green&
Prairie Road at the western corner of an
existing cntr.::incc with cattleguard bears
N 39" 33' 36" E 320.4 feet,
s 43• 17" 47:• W for a distance of J.1'183.63 feec co a 3/8" iron rod
found marking the south corner of the
beforamentionad 749.71 acre t:r•ct, locaced
21 feec norcbwest of the center of pavement
·of Greens Prairie Road, from which a 6"
creosote post ~ence corner in the fenced
northwest line of Greens Pr•iric Road bears
N 43~ 23' W 23.6 feat, and a pipeline ri&er
bears N 67. 41' 05" W 20.3 feet. •nd ~
pipeline sign marking an.Arco pipeline in
the fenced nort:.hwe.,;t: line uf Greens Prairie
:Road bears N 40" 23' 34" E 530.55-feec:
THENCE N 45• 58' 20" 'W along the i;out:hwest line of Che beforementioned
749.71 acre tract, adjacen~ to a fence; for a distance of 3510.67 feet to che
PLACE OP BE.Gih'NH-:G. containing a cota1 of 734. 96 acres of land. ·more or les.,;,
of which 4.96 acres lies between che described south~ast line and the northwest
fenced line of Greens Prairie Road.
Surveyed. Novem\Je;,r and Dec<!mbei:-, 1909
By:~ 11 ~N\.
S. M. Kling
Public Surveyor No. 2003
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-ORl
Block 20.
Reasons for Discharge
Summary
The activity associated with this project involves impacting approximately 5.89 acres of waters of the United States,
including wetlands, within the approximately 735-acre Crowley tract. Proposed impacts to waters of the United States,
including wetlands, within this property are associated with the construction of roads, drainage ditches, stormwater
detention areas, and impounded waters. These infrastructure improvements are necessary to develop this tract into a
mixed-use master planned development consisting of single and multi-family residential uses, commercial uses,
institutional uses, and recreational uses which integrate open space and nature preserves throughout this development.
The development will preserve the natural green way of Spring Creek in accordance with the City of College Station's
Greenways Master Plan dated February, 1999. The green ways will incorporate a hike and bike trail system suitable fo r
use as alternative transportation in all types of weather. The trail system will include water stations, lighting, restrooms
and rest areas such as picnic tables. Although portions of the overall land plan for this site may change as the proposed
development is finalized, proposed impacts to waters of the United States, including wetlands, will remain the same. Of
the 5.89 acres of waters of the United States impacts, approximately 3.13 acres include impacts to Spring Creek and th e
associated tributaries, while approximately 2.76 acres include impacts to wetlands located on this property. Proposed
impacts are illustrated in the attached Exhibits 6 through 10.
Waters of the United States, Excluding Wetlands
As illustrated on the attached exhibits which detail proposed conditions (Exhibits 6 through 10), approximately 0.85 acre
of Spring Creek is proposed to be impacted. The northernmost approximately 2, 700 feet (0. 75 acre) of Spring Creek is
proposed to be replaced by an earthen man-made drainage channel having an approximately 30 foot bottom width with
6: l side slopes; a concrete channel is not proposed for this area. Exhibit 11 illustrates a typical cross section of the
proposed man-made drainage channel along Spring Creek. As illustrated in Exhibit 10, the upstream drainage channel
will bypass an approximately 500 foot (0 .14-acre) section of Spring Creek. This 500 foot section of Spring Creek wi ll
no longer receive normal flow from Spring Creek; however, the natural channel will remain intact. Although it is
anticipated that the surrounding drainage area will continue to provide a source of water to this area, the acreage of this
area has been included in the total acreage of proposed impacts. Additionally, approximately 350 feet (0.10 acre) of
Spring Creek will be impacted by two road crossings; each of these road crossing will be constructed over box culverts
in order to facilitate the movement of aquatic organisms through Spring Creek and to prevent flow restrictions in thi s
waterway. The cross section of the southernmost crossing of Spring Creek is illustrated in Exhibit 12. The remaining
approximately 5,450 feet (1.50 acres) of Spring Creek will not be impacted by the proposed project.
Tributary 1, totaling approximately 2,100 feet (0.39 acre), is proposed to be replaced by an earthen man-made drainage
channel. This drainage channel, illustrated in Exhibit 10, will have an approximately 10 foot bottom width with 6: 1 side
slopes and will be allowed to revegetate naturally; a concrete channel is not proposed for this area. Approximately 0.05-
acre of this tributary will also be filled off-site in order to realign the tributary with the proposed man-made drainage
channel. Although Exhibit 11 illustrates the larger channel proposed along Spring Creek, this exhibit represents a typical ·
cross section of the channelization of Tributary 1.
Additionally, approximately 540 feet (0.07 acre) of Tributary 2 is also proposed to be replaced by a man-made drainage
channel, as illustrated in Exhibit 9. Other proposed impacts to this tributary include construction of a dam across the
tributary to create an impoundment at the upstream end of the tributary (Exhibit 8). Approximately 120 feet (0.02 acre)
of the tributary will be filled for creation of the dam in order to impound this area. Impacts to this tributary total
approximately 0.09 acre of fill and 0.05 acres of impoundment. The remaining 3,300 feet (0.45 acres) of this tributary
will riot be impacted by the proposed project.
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-ORJ
Tributary 3, totaling approximately 850 feet (0 .12 acres) of stream, will not be impacted by the proposed project (Exhib:
9).
A Flow Restrictor-Culvert will also be added along Tributary 4 just upstream of the confluence of Tributary 5 (total in
approximately .0001 acres of impact). The Flow Restrictor-Culvert is to provide detention by offsetting peak flows b
approximately one-half hour. The detention provided is estimated to be approximately 4 I acre-feet. At the upstream en·
of Tributary 4, a dam serves to impound water adjacent to the southwestern boundary of the property (Exhibit T
Currently, water from the impoundment drains around each side of the dam into Tributary 4. Plans include filling th
drainages, totaling 650 feet (0.09 acres), around each side of the dam and creating one outlet for water to flow from th
impounded area into Tributary 4. Additionally, as illustrated in Exhibits 8 and 9, a sanitary sewer line will cross Tributar
4 at four locations; this includes an area approximately 2,000 feet south of the confluence of Tributary 4 with Spring Cree
and an area adjacent to the west side of proposed State Highway 40, where the sanitary sewer line will cross Tributar
4 three times. A total of0.03 acre of this tributary will be temporarily impacted during placement of the sanitary sewe
line below the tributary. Although the tributary will be restored to natural grade once the sanitary sewer is in place, th
0.03 acre of temporary impacts have been included in the total acreage of proposed impacts. An easement will b
maintained along the sanitary sewer line for ease of access if necessary. The remaining 8,500 feet (1.94 acres) of thi
-tributary will not be impacted by the proposed project. A corridor of natural vegetation will be preserved along both side7
of this tributary; however, some underbrushing may be conducted within this corridor to accommodate the proposed tr~
system and alternative transportation. ----..
Impacts to Tributary 5 include approximately I 30 feet of fill for the construction of a road crossing near the upstream en1
of the tributary (Exhibit 7). As with the other road crossings proposed for this site, this crossing will be constructed ave
box culverts to prevent flow restrictions as well as to facilitate the movement of aquatic organisms through this tributary
In addition, similar to Tributary 4, approximately 30 feet of Tributary 5 will also be temporarily impacted for th•
placement of a sanitary sewer below this tributary (Exhibit 7). Although this tributary will also be restored to natura
grade once the sanitary sewer is in place, these impacts have been included in the total impacts for this tributary. Th•
remaining approximately 3,300 feet of this tributary will not be impacted by the proposed project. Similar to Tribut~
4, a natural corridor with some underbrushing will also be preserved along Tributary 5.
The 2.47-acre impoundment located along Tributary 4 at the southwestern property boundary is proposed to be used fo
stormwater detention during periods of heavy rainfall. To create the additional storage capacity in this impoundment
the normal high water level of the impoundment is proposed to be lowered approximately 2 feet. Exhibit 7 illustrates thl
proposed impacts to this impoundment. It is estimated that lowering the elevation of the impoundment will decrease thl
size of the impoundment to approximately 0.91 acre, decreasing the overall size of this impoundment by 1.56 acres. Thi:
1 .56 acre decrease in size has been included in the total acreage of impacts. The area surrounding the impoundment ma:
be developed into a park, and the surrounding area may remain natural and be left to develop an interface; or wetlanc
fringe area. The difference in acreage resulting from lowering the water surface elevation and the acreage of the existin~
wetland fringe have been included as proposed impacts.
Wetlands
Wetland impacts totaling approximately 2. 76 acres are proposed for the purpose of infrastructure improvements associatec
with this development. Wetland areas which are proposed to be impacted in their entirety include Areas A, B, C, D, E
F, K, L, M, and N. Exhibit I 3 illustrates a typical cross section of fill to be placed within a wetland area.
Wetland Areas A (0.48-acre), B (0.69-acre), D (0.02-acre), and E (0. I 8-acre), located near the northern comer of th l
property, are proposed to be filled for the purpose of road construction (Exhibit 10). Area C (0.18-acre), located along
Spring Creek near the northeastern property boundary, is proposed to be excavated for the construction of a detentior
basin (Exhibit 10). Area K (0.20-acre), located immediately west of Tributary 4, is proposed to be filled for the purpose
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-ORJ
of development (Exhibit 8). Area F, a 0.19-acre wetland area located within the Conservation Reserve area, will also be
impacted (Exhibit 10). This area will be impacted for the purpose of construction of a drainage channel which will replace
Spring Creek. The drainage channel will have an approximately 30 foot bottom width with 6: 1 side slopes.
In addition, Wetland Areas L, M, and N, the wetland fringe located along the edges oflmpoundment 1, may be impacted
by lowering the water level of this impoundment and by removing the berm which impounds this area (Exhibit 7).
Although the acreage of Areas M and N has been included in the total acreage of impacts, if the area surrounding the
impooodment is developed as a park, it is anticipated that this wetland fringe may remain in place since this area will still
receive water during periods of heavy rainfall.
Wetland Areas G, H, I, and J totaling 0.86 acre, will not be impacted by the proposed project.·
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR)
LEGEND
=::---"'" WATERS OF THE UNITED STATES
WETLANDS TO BE IMPACTED
LOCATION -----PROJECT BOUNDARY LI NE
0 soo· - - - -INSET BOUNDARY LI NE
SCALE IN FEET ----SANITARY SEWER
z C> 0
BASE MAP SOURCE• WETLAND DELINEATION EXHIBIT, 'PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED STATES ANO WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT,' AUGUST 1997, VERIFIED BY THE USACE ON FEBRUARY 18, 1998, PROJECT NUMBER 199700476.
~ !-----------------------.---------------------~
[ The purpose of this project Is to create o mixed use E A R T H ~ PURPOSE• @)
~ development to Include sln9le ond rn.iltl-fonl ly
~ resldentlol uses, comnerctol uses. lnstltutlonol
E c H
~ uses, ond recreotlonol uses, as wel I os tnte9roted A rqco/NTERNATIONAL LTD. COMPANY
_ nature pr-eserves ond stor-m water-detention foci I ltles.1-----------------------
"' "' ... SUBMITTED BY1
;:; ~ T n.c CROWLEY
~ CROWLEY DEVELOPMENT CORPORATION d CHEVRON TOWER
[ 1301 MCKINNEY, SUIT[ 3500 AUCUS T, I 999
SITE1 735-ACRE CROWLEY TRACT
LOCATION1 COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TEXAS
,, HOUSTON, TEXAS 770 I 0 LJA PROJECT NO. '4591-9811
EARTH TECH PROJECT NO. 10'4010
PROPOSED CONDITIONS
INSET A EXHIBIT 7
I _f~ ''; _.,,
-...._
::J '\ 'I
INSET A
( EXHIBIT 7 >
LOCATION
0 500'
SCALE IN FEET
-==.
rA ,.
LEGEND
WATERS OF THE UNITED STATES
WATERS OF THE UNITED STATES TO BE 11.CPACTEO
WETLANDS TO REUAIN
WETLANDS TO BE IMPACTED
-----PROJECT BOUNDARY LI NE
- - - -INSET BOUNDARY LINE
----•SANITARY SEWER
z u
C>
BASE MAP SOURCE• WETLAND DELINEATION EXHIBIT, "PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED STATES ANO WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT," AUGUST 1997. VERIFIED BY THE USACE ON FEBRUARY 18, 1998, PROJECT NUMBER 199700476.
~1---------------------~~--------------------~ PURPOSE•
~ The purpose of this project Is to create a mixed use
~development to Include slnole and rrultl·fomlly
:::: resldentlol uses, conmerclol uses, lnstltutlonol
: uses, and recreotlonol uses, as well as lnteoroted
E A R T H@) E c H
A i"qco INTERNATIONAL L TO. COMPANY
.:.. nature preserves and storm water detention foci I ltles.1----------------------
"' ~ SUBM I TTEO BY•
MA. T It.I CROWLEY
::\ CROWLEY DEVELOPMENT CORPORATION ~ CHEVRON TOWER :£ IJOI MCKINNEY, SUITE 3500 ~ HOUSTON. TEXAS 770 I 0
AUGUST, 1999
LJA PROJECT HO. 4591·9811
EARTH TECH PROJECT NO. 104()10
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY• BRAZOS COUNTY, TEXAS
PROPOSED CONDITIONS INSET B EXHIBIT 8
INSET 8
< EXH I 8 IT 8 >
LOCATION
0 500'
SCALE IN FEET
LEGEND
WATERS OF THE UNITED STATES
WATERS OF THE UNITED STATES
TO BE IMPACTED
WETLANDS TO REMAIN
l~I WETLANDS TO BE 11.CPACTED
-----PROJECT BOUNDARY LI NE
INSET BOUNDARY LINE
PROPOSED DRAINAGE CHANNEL
---SANITARY SEWER
z 0 0
BASE MAP SOURCE• WETLAND DELINEATION EXHIBIT, "PRELiMINARY DETERMINATION OF THE WATERS OF THE UNITEO STATES AND WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT,· AUGUST 1997. VERIFIED BY THE USACE ON FEBRUARY 18, 1998, PROJECT NUMBER 199700476.
:;'. PURPOSE•
E A R E c H
0 g: The purpose of this pr-oject Is to cr-eote o mixed use
~ development to Include slnQle and multl-foml ly
" r-estdentlol uses, comner-clol uses, lnstttuttonol
;;; uses, and r-ecr-eot I ono I uses, OS we I I OS I nteQr-oted A ~qco INTERNATIONAL L TO. COMPANY
~ nature pr-eser-ves and stor-m water-detention foci I ltles.1-----------------------
~ SUBM I TTEO BY• .... ~. TIM CROWLEY
~ CROWLEY DEVELOPMENT CORPORATION
~ CHEVRON TOWER
~ 1301 MCKINNEY, SUITE 3500
~ HOUSTON, TEXAS 77010
AUCUS T, 1999
LJA PROJECT NO. ~5~·98H
EARTH TECH PROJECT NO. 1040!0
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY• BRAZOS COUNTY. TEXAS
PROPOSED CONDITIONS INSET C EXHIBIT 9
LOCATION
0
SCALE IN FEET
500'
INSET C
(EXHIBIT 9 l
--:::::.
LEGEND
WATERS or THE UNITED STATES
WATERS or THE UNITED STATES TO BE ll.IPACTEO
WETLANDS TO REUAIN
WETLANDS TO BE IUPACTED
-----PROJECT BOUNDARY LI NE
- - - -INSET BOUNDARY LI NE
PROPOSED DRAINAGE CHANNEL
----SANITARY SEWER
z u
0
BASE MAP SOURCE• WETLAND DELINEATION EXHIBIT, "PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED STATES ANO WETLANDS OF THE APPROXIMATELY 735·ACRE CROWLEY TRACT,· AUGUST 1997. VERIFIED BY THE USACE ON FEBRUARY 16, 1996, PROJECT NUMBER 199700476.
d !-------------------------.--------------------~ ~ PURPOSE1
~ The purpose of this project Is to create o mixed use
~ development to Include slnQle and multl-foml ly
~ resldentlol uses, comnerclol uses, lnstltutlonol
: uses, and recreotlonol uses, as wel I as lnteQroted
E A R E c H
A t"qco INTERNATIONAL L TO. COMPANY
..'.. nature preserves ond storm water detention foci I ltles.1-----------------------
"' "' .... SUBMITTED 8Y1
-I.fl. TIU CROWLEY >< ~ CROWLEY OEVELOPUENT CORPORATION
ci CHEVRON TOWER
~ 1301 UCKINNEY, SUITE 3500
/ HOUSTON. TEXAS 77010
AUGUST, 1999
LJA PROJECT NO. -4591-9811
EARTH TECH PROJECT NO. 10-40!0
SITE1 735-ACRE CROWLEY TRACT
LOCATION1 COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TEXAS
PROPOSED CONDITIONS INSET D EXHIBIT 10
290
285
280
275
270
265
260
255
250
LOCATION
SCALE• I" •100' HOR.
I"• 10' VER.
0•00 I +00 2+00 3+00 4+00
LEGEND
j'-:/::-:_-:~j PROPOSED FILL
~ PROPOSED EXCAVATION
-
FILL BELOW NORMAL HIGH WATER MARK
NOTE• THIS EXHIBIT ILLUSTRATES A CROSS SECTION OF PROPOSED INFRASTRUCTURE IMPROVEMENTS ALONG SPRING CREEK. THIS CREEK, AS WELL AS TRIBUTARY I AND A PORTION OF TRIBUTARY 2 ARE PROPOSED TO BE CHANNEL IZED FOR THE PURPOSE OF CONVEYING STORMWATER DRAINAGE OFF THIS SITE. THIS REPRESENTS ~ A TYPICAL CROSS SECTION ALONG THESE AREAS PROPOSED FOR CHANNELIZATION.
0
ci ~ PURPOSE•
~ The purpose of this project Is to create o mixed use
8 development to Include s lnQ le ond 1n..1ltl-fomlly
/ resldentlol uses, comnerclol uses, lnstltutlonol -
E A R E c H
~ uses, and recreot I ono I uses, OS we I I OS I nteQroted A "rqco INTERNATIONAL L TO. COMPANY
• nature preserves and storm water detention foci I ltles.1--~~~~~~~~~~~~~~~~~~~~~~~--"' "' ~ -"' "' 0 ...,
0 a: CL /
SUBM I TTEO BY•
I.ft. T I I.I CROW\. E Y
CROWlEY DEVELOPMENT CORPORATION
CHEVRON TOWER
1301 UCKINNEY. SUITE 3500
HOUSTON. TEXAS 77010
AUCUS T, 1999
LJA PROJECT NO. <1591·9811
EARTH TECH PROJECT NO. 10.COIO
SITE1 735-ACRE CROWLEY TRACT
LOCATION1 COLLEGE STATION
COUNTY• BRAZOS COUNTY, TEXAS
TYPICAL CROSS SECTION CHANNELIZATION OF CREEK EXHIBIT I I
z u 0
285
280
275
270
265
260
255
I\
\
I/ .__ -.__ L--
-
2so~_._~.___._ __ .___._~.___._ __ .___._--.___._--.__~
0+00
TEXAS *
LOCATION
SCALE• 1 • • I oo· HOR.
1· •IO' VER.
I +00 2+00 3+00 4+00 5+00
LEGEND
L/.:· : .. >:;.·::I PROPOSED FI LL
~ PROPOSED EXCAVATION
-
FILL BELOW NORMAL HIGH WATER MARK
6+00
NOTE• THIS EXHIBIT ILLUSTRATES A CROSS SECTION OF A PROPOSED ROAD CROSSING OF SPRING CREEK. ALTHOUGH THE NUMBER OF BOX CULVERTS VARIES, THIS ILLUSTRATES A TYPICAL CROSS SECTION OF SEVERAL ROAD CROSSINGS PROPOSED FOR THIS DEVELOPMENT.
~S~,,, ~P-U_R_P_O_S-E•--------------------.----------H-@-------------= The pl.lf'"pose of this project Is to create o mixed use E A R T E C development to Include slnole and rn.Jltl-fomlly H
residential uses, conmerclol uses, lnstltutlonol
;;; uses, and recreational uses, as well as lnteoroted A"rqco/NTERNAT/ONAL LTD.COMPANY
~ notUf'"e preserves and storm water detention foci I I ties~-----------------------
~ SUBMI TTEO BY•
_ ~. TIM CROWLEY
:;i CROWLEY DEVELOPMENT CORPORATION
~ CHEVRON TOWER
~ 1301 UCKINNEY, SUITE 3500
~ HOUSTON, TEXAS 77010
AUGUST, 1999
LJA PROJECT NO. -4591-9811
EARTH TECH PROJECT NO. 10.COIO
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY• BRAZOS COUNTY, TEXAS
TYPICAL CROSS SECTION
ROAD CROSSING EXHIBIT 12
285
280
275 r--_
270
265
260 0+00
285
280
275
270
265
260 6+00
LOCATION
SCALE• 1 • • I oo· HOR.
1• • 10' VER.
llf£A 1T
'""'-~ ~
------.........,, ... . ,
'~
I +00 2+00
7+00 8+00
•>llJIUL I\ CIOJll()
\ --------· ..• .. ---........ ,, .. , '<:(
3+00 4+00 5+00
Z·r~
9+00 10+00 I 1+00
LEGEND
L>.:> ... :/I PROPOSED FI LL
~ PROPOSED EXCAVATION
-
FILL BELOW NORMAL HIGH WATER MARK
NOTE• THIS EXHIBIT ILLUSTRATES A CROSS SECTION OF PROPOSED FILL TO BE PLACED IN WETLAND AREAS A ANO B z FOR THE PURPOSE OF ROAD CONSTRUCTION. THIS REPRESENTS A TYPICAL CROSS SECTION THROUGH WETLAND g AREAS WHICH ARE PROPOSED TO BE FILLED.
d ~----------------------.----------------------~ :;: PURPOSE•
~ The purpose of this project Is to create a mixed use 8 development to Include slnole and m..iltl-foml ly
~ resldentlol uses, corrmerclol uses, lnstltutlonol
; uses, and recreotlonol uses. as well as lnteoroted
E A R E c H
A t"qco INTERNATIONAL LTD. COMPANY
• nature preserves and storm water detention foci I I ties.~--------------------.,.
~ SUBMI TTEO BY1
-LIR. Tit.I CROWLEY "" )g CROWLEY DEVELOPMENT CORPORATION
cl CHEVRON TOWER
~ IJOI MCKINNEY, SUIT[ 3500
,-HOUSTON, TEXAS 770 I 0
AUCUST, 1999
LJA PRCU:CT NO. '4S91-9811
EARTH TECH PROJECT NO. 10'4040
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY• BRAZOS COUNTY, TEXAS
TYPICAL CROSS SECTION
FILL OF WETLAND AREAS EXHIBIT 13
28-1 38. 06 Ac. • Conser-vat ton Reser-ve Open Space
ApJ)r'OX. 33. 0 Ac. • Deed Restr-tcted Natur-a I Ar-ea
LEGEND
-,
.
WATERS OF THE UNITEO STATES
WETLANOS
CONSERVATION RESERVE
DEED RESTRICTED NATURAL AREA
LOCATION PROJECT BOUNDARY LINE
0 1400'
SCALE IN FEET
z 0 0
ti
BASE UAP SOURCE• WETLAND DELINEATION EXHIBIT, ·PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITEO
STATES ANO WETLANOS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT,' AUGUST 1997. VERIFIEO
BY THE USAGE ON FEBRUARY 18, 1998, PROJECT NUMBER 199700476.
> ~ PURPOSE•
8 The purpose of this pr-eject Is to create o mixed use
~ development to Include slnole and rnJltl-foml ly ~ resldenttol uses, comnerclol uses, lnstltutlonol
~ uses, ond recreot I ono I uses, os we I I os I nteQroted
E A R T E c H
A ~qco INTERNATIONAL L TO. COMPANY
.;, nature preserves ond storm water detent I on foe I I It I es.1-------------------------,... .. SUBMI TTEO BY•
-LIR. T It.I CROWLEY .. ~ CROWLEY DEVELOPMENT CORPORATION ci CHEVRON TOWER
~ 1301 MCKINNEY, SUITE 3500
"" HOUSTON. TEXAS 77010
AUCUS T, 1999
LJA PROJECT NO. <1591·9811
EARTH TECH PROJECT NO. IO<IOIO
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY• BRAZOS COUNTY, TEXAS
PROPOSED MITIGATION
AREAS EXHIBIT 14
I
AREA ON-SITE ACREAGE IMPACT TYPE OF IMPACT
WETLANDS
A 0.48 0.48 acre fill
B 0.69 0.69 acre fill
c 0.18 0.18 acre excavation
D 0.02 0.02 acre fill
E 0.18 0.18 acre fill
F 0.19 0.19 acre excavation
G 0.12 no impact no impact
H 0.65 no impact no impact
I 0.01 no impact no impact
J 0.08 no impact no impact
K 0.20 0.20 acre fill
L 0.04 0.04 acre fill
M 0.45 0.45 acre draining
N 0.33 0.33 acre draining
Total Wetlands 3.62 Total Wetland Impacts: 2.76 1.61 acres fill, 0.37 acre excavation, 0.78 acre
draining
WATERS OF THE UNITED ST ATES, EXCLUDING WETLANDS
Spring Creek 2.35 0.85 acre 0.71 acres fill, 0.14 acre draining
Tributary 1 0.39 0.44 acre 0.39 acres fill on-site, 0.05 acres fill off-site to
realign tributary
Tributary 2 0.59 0.14 acre .09 acres fill, 0.05 acres impoundment
Tributary 3 0.12 no impact no impact
Tributary 4 2.06 0.12acre 0.09 acre fill, 0.03 acre temporary excavation
Tributary 5 0.24 0.02 acre 0.017 acre fill, 0.004 acre temporary excavation
Impoundment 1 2.47 1.56 acre draining
Total Waters, 8.22 Total Waters Impacts: 3.13 1.35 acres fill, I. 70 acres drained, 0.05 acres
excluding impoundment, 0.03 acre temporary excavation
wetlands
Total Waters, 11.84 TOTAL IMPACTS: 2.96 acres fill, 0.37 acres excavation, 2.48 acres
including 5.89 ACRES draining, 0.05 acres impoundment, 0.03 acre
wetlands temporary excavation
The above listed impacts are illustrated in Exhibits 6 through 10.
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR)
Block 24.
Names and Addresses of Adjoining Property Owners, Lessees, Etc.,
Whose Property Adjoins the Waterbody
Gary Seaback
c/o G&S Investments
4245 Wellborn Road
Bryan, Texas 77801
Ester Jane Grant McDougal
4150 Shadowbrook Circle
College Station, Texas 77845-8299
City of College Station
P.O. Box 9973
College Station, Texas 77842
GTE Southwest, Inc.
GTE Telephone Operations
P.O. Box 152206
Irving, Texas 75015
W.A. and Beverly J. Furrer Dunlap
Patricia J. Vogel and Thomas L. Brown Jr.
2612 Spicewood
College Station, Texas 77845
Stephen Roliard
4224 State Highway 6
College Station, Texas 77845
Anna M. Ferguson Trust
Northwest Bank Texas, South Central
Trust Department
P.O. Box 1458
Victoria, Texas 77902
Edward Froehling
3887 High Lonesome
College Station, Texas 77845
E. Boswell Porter and Robert P. Wood
304 Post Office
Bryan, Texas 77801
Texas Department of Transportation
Bryan District
1300 North Texas Avenue
Bryan, Texas 77803
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-ORl
I. Introduction
Mitigation Proposal
Crowley Tract
A total of 11.84 acres of waters of the United States, including wetlands, were identified and delineated on the Crowley
tract; the delineated wetlands on this site were subsequently verified by the U.S. Army Corps of Engineers. Open water,
streams, and tributaries account for 8.22 acres on this site while wetland areas comprise the remaining 3.62 acres of waters
of the United States on this property.
A total of 5.89 acres of impacts to waters of the United States, including wetlands, would occur on the approximately 735-
acre Crowley tract as a result of the design and implementation of the mixed use, master planned development proposed
for this site. Specifically, the development of this property will result in 3 .13 acres of impacts to open water or stream
areas while 2.76 acres of impacts will result from impacts to wetland areas.
Mr. Tim Crowley, owner of the Crowley tract, has been diligent in the practice of avoidance and minimization of impac~
to waters of the United States on this property. To this end, Mr. Crowley is avoiding or minimizing impacts to 50% (e.g ..
5.95 acres) of the total acreage of waters of the United States on this property. These 5.95 acres include the following.
A. Avoidance oflmpacts
The following waters of the United States, including wetlands, will be avoided:
.,. Wetland Areas G, H, I, and J for a total acreage of 0.86 acres (or 24% of the 3.62 acres of identified wetlands on
this site).
Area G: 0.12 acre
Area H: 0.65 acre
Area I: 0.01 acre
Area J: 0.08 acre
.,. Tributary 3 totaling 0.12 acres in size .
.,. Tributary 4 between proposed State Highway 40 and Spring Creek. An in-line detention basin originally proposed
in this area has been redesigned off-line so that impacts to this riparian corridor between State Highway 40 and
Spring Creek could be avoided. The off-line detention basin will be located between Spring Creek and Tributary
1, near the northern boundary of the property. Although relocating the proposed detention further downstream wi ll
result in the loss of a greater amount of otherwise developable land, this off-line detention system will prevent
localized flooding on the site and aid in maintaining, to the extent possible, the current conditions along Spring
Creek, as well as the other tributaries on this property, without the need to channelize much of these areas.
B. Minimization of Impacts
Impacts to all open waters, streams, and tributaries will be minimized on this property. By minimizing impacts to these
areas, such impacts account for only 3.13 acres (or 38%) of the 8.22 acres of such waters of the United States on this
property. Tributary 3 will not be impacted, and only a small portion of Tributaries 4 and 5 will be impacted for the
purpose of a road crossing, sanitary sewer crossings, and a flow restrictor culvert. Impacts to the tributaries from the
sanitary sewer crossings will only be temporary since these areas will be restored to natural grade once the sanitary sewer
line is in place.
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR)
I . Mitigation for Impacts to Waters of the United States, including Wetlands
Although Mr. Crowley is avoiding and/or minimizing impacts to 5.95 acres of waters of the United States, including
wetlands, located on this property, Mr. Crowley has determined that it is not feasible and/or practicable (for development
purposes) to avoid or minimize impacts to the 5.89 acres which are proposed to be impacted. As previously mentioned,
all wetland areas which would be partially impacted by the infrastructure improvements associated with this development,
or which are located within a tract to be developed, are considered (for the purpose of this permit application) ~
completely impacted since these wetlands would most likely be degraded or eliminated due to secondary impacts. In
addition, wetland areas which will be only temporarily impacted for the purpose of sanitary sewer construction are also
included in the proposed acreage to be impacted. As detailed below, Mr. Crowley proposes to preserve, in perpetuity,
a total of approximately 71.06 acres of riparian habitat on this property.
A total of 38.06 acres of riparian habitat will be preserved through the creation of a Conservation Reserve on the Crowley
tract. This Conservation Reserve, as illustrated in Exhibit 14, consists of a heavily wooded riparian corridor surrounding
Tributary 2 and a portion of Spring Creek located to the north of proposed State Highway 40 which traverses roughly the
center of the Crowley tract. This Conservation Reserve is the result of a cooperative effort between Mr. Crowley and the
Texas Department of Transportation (as well as regulatory agencies such as the U.S. Fish and Wildlife Service) in
conjunction with the development of the currently proposed State Highway 40 through the Crowley tract. Thi~
Conservation Reserve consists of 38.06 acres of riparian habitat which will be preserved and enhanced by TxDOT for the
purpose of safeguarding the actual plants and the habitat of the Navasota ladies 'tresses (Spiranthes parksii), a federall )
endangered species of plant. Navasota ladies 'tresses were previously identified in the proposed State Highway 40 right-
of-way as well as on other areas of the Crowley tract. According to the USFWS, this Conservation Reserve will provide
suitable mitigation for impacts to Navasota ladies 'tresses resulting from the proposed State Highway 40 project as well
as the Crowley development. The majority of the Navasota ladies 'tresses plants identified on the Crowley tract, as well
as the most suitable habitat for this plant, are located within the area now designated as the Conservation Reserve.
Wetland Area G will be preserved, in perpetuity, through the creation of the 38.06 acre Conservation Reserve on the
Crowley tract (Exhibit 9).
Tributary 3, a portion of Tributary 4, a portion of Spring Creek, Wetland Areas H, I, and J, and the surrounding riparian
corridor will be preserved by means of deed restricting this approximately 33.0-acre area. This property, as illustrated
in Exhibit 14, may at some point be deeded, or donated, to the City of College Station or another entity if Mr. Crowley
so chooses. Not only would this area be preserved, in perpetuity, but secondary impacts resulting from development of
the Crowley tract to Tributary 3, as well as a portion of Tributary 4, a portion of Spring Creek, and Wetland Areas H, I,
and J would be minimized or totally eliminated. Aside from preserving these tributary, stream, and wetland features, this
riparian corridor would remain in tact and would actually link to the riparian corridor established by the Conservation
Reserve on this property. The net effect would create a contiguous riparian corridor area of approximately 71.06 acres
in size (approximately 33.0-acre deed restricted natural area plus 38.06-acre Conservation Reserve) on the Crowley
property.
Tree species observed in this riparian corridor included, but were not limited to, the following:
• Post oak (Quercus stelata)
• Water oak (Quercus nigra)
• Black willow (Salix nigra)
• Honey-locust (Gleditsia tricanthos)
• American elm (Ulmus americana)
• Winged elm (Ulmus alata)
• Cedar elm ( Ulmus crassifolia)
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-ORJ
•· Flowering dogwood (Cornusjlorida)
• Common hackberry (Ce/tis occidentalis)
~ Yaupon (Jlex vomitoria)
• Parsley hawthorn (Crataegus marshal/ii)
Potential impacts to the deed restricted natural area along Tributary 3, Tributary 4, and Spring Creek may include, at some
. future point in time, a hike and bike trail system described in the Summary of Block 20 (which will be designed to have
a low impact on the environment) and/or the placement of picnic tables in some areas. The potential hike and bike trail
may include crossings of Spring Creek and the associated tributaries; however, impacts to the tributaries (i.e., placemen1
of structures associated with the crossing) will be limited to above the normal high water line of Tributary 4. Most trail
system improvements within the deed restricted area would primarily be located along the fringe of the deed restrictec
area adjacent to other developed areas on this site. While selected removal of understory may occur near these trail areas.
this riparian corridor would otherwise be preserved in its natural state to the maximum extent possible in accordance witl-
the City of College Station's Greenways Master Plan. A sanitary sewer line will cross Tributary 4 at four locations, a~
illustrated in Exhibits 8 and 9. Although the tributary and the deed restricted riparian corridor along the sanitary sewe1
easement will be temporarily impacted during placement of the line, these areas will be restored to natural grade onc{
construction is complete. It will however be necessary to maintain an easement along the sanitary sewer line to allow fo 1
ease of access if necessary. Other than the stated impacts, this approximately 33.0-acre area will be preserved, ir
perpetuity, by filing a Deed Restriction for this area with the Office of the County Clerk, Brazos County, Texas.
Navasota ladies 'tresses areas in the approximately 33.0-acre deed restricted riparian corridor located along Tributary 4
and Spring Creek will be preserved. T~o Navasota ladies 'tresses "zones" were previously identified in this area by Ms.
Kathy Parker, Navasota ladies 'tresses specialist. These areas include the area along Spring Creek at the northemmos1
end of the proposed deed restricted area and an area along Tributary 4 near the southern end of the deed restricted area.
These areas, which will be preserved in perpetuity, will serve to safeguard the plants and habitat of the Navasota ladie~
'tresses. By preserving this area, potential primary impacts to this endangered species of plant are basically eliminate(
in this area. However, as previously discussed with the U.S. Fish and Wildlife Service, the Conservation Reserve wili
serve as the mitigation for impacts to Navasota ladies 'tresses at this site.
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-ORl
Alternatives Analysis
Crowley Tract
The project area consists of an approximately 735-acre tract of primarily undeveloped land known as the Crowley tract.
At this time, the Crowley tract is proposed as a mixed use development; development ohhis 735-acre area will include
single and multi-family residential uses, commercial uses, and institutional uses (i.e., elementary school and associated
grounds). This tract is additionally designed to integrate natural areas such as open spaces, green belts, parks, and trails
into the overall master plan for this development. The design and construction of supporting infrastructure systems
including roadways, drainage ditches and drainageways, detention areas, and impoundments, as well as water distribution
and wastewater collection systems (and other utilities) are also included in the development of this approximately 735-acre
tract of land.
Though impacts to waters of the United States will total approximately 5.89 acres throughout this development, open
spaces, green belts, parks, trails, and natural areas (including a deed restricted natural area and conservation reserve) will
total, at minimum, approximately 100 acres or 13 percent of the entire 735-acre development.
I. Alternatives
A. How could you satisfy your needs in ways which do not affect wetlands?
The approximately 735-acre Crowley tract has been designed as a master planned development and therefore
maximizes available land use. Reconfiguration of the proposed infrastructure improvements such as roadways
and drainage features could be designed so that affects to wetlands would be minimized or avoided; however,
the overall project concept for this development is seeking to avoid creating "postage stamp" wetland areas.
By impacting waters of the United States as planned and setting aside linked open spaces, green belts, parks,
trails, natural areas, and a conservation reserve containing waters of the United States (including wetlands),
such ecological areas will be concentrated within this development. Concentrated natural areas and contiguous
riparian corridors create a more desirable ecological community as opposed to isolated "postage stamp" wetland
areas which would be subjected to further secondary impacts by adjacent developments.
B. How could the project be redesigned to fit the site without affecting wetlands?
The Crowley tract has been designed in accordance with the City of College Station Comprehensive Plan, to
accommodate the growth trend exhibited by the housing market of the College Station/Bryan, Texas area over
the past several years. An analysis of this geographical market has led to the generation of a Master
Development Plan for this 735-acre tract which balances the demand for both single and multi-family housing
with the desire to increase commercial developments in this area of College Station, Texas. New residential
and commercial business developments will translate into increased opportunities in the service-related
industries (i.e., building and construction-related services, etc.) as well as new employment opportunities for
the College Station/Bryan area workforce.
Avoidance of several waters of the United States areas on the Crowley tract is designed into the Development
Master Plan for this tract of land. In addition, wetland areas G, H, I, and J and Tributary 3 will not be
impacted by the proposed development. Redesign of this project to fit the site by avoiding most or all
impacts to waters of the United States, including wetlands, would not be feasible in many areas in that
avoidance would create numerous small "postage stamp" wetlands (e.g., Area A= 0.4841, Area B = 0.6864
acre, Area C = 0.1790 acre, Area D = 0.0180 acre, Area E = 0.1806, etc.) scattered throughout this site. Lot
sizes could be decreased to avoid impacts to several wetland areas; however, secondary impacts to these
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-ORI
relatively small wetlands would be likely to occur once development proceeds. Also, impacts to waters of the
United States on this tract are necessary to provide, for example, detention and drainage for this area.
Additionally, since numerous individual lots are already constrained by necessary infrastructure improvements
such as roadways or drainageways, decreasing lot sizes would minimize the marketability of several of these
lots, especially lots designated for commercial development. Currently, the road network throughout this
development is part of the City of College Station's Thoroughfare Plan and, as such, avoidance of wetlands in
several areas would be difficult while also working toward achieving the goals of the City's Thoroughfare Plan.
C. How could the project be made smaller and still meet your needs?
In conjunction with the City of College Station's Planning and Zoning Commission, the original Master
Development Plan for the Crowley tract, submitted to the Commission for review, has been revised several
times. To meet the requirements of the Planning and Zoning Commission, revisions to the Master
Development Plan have included:
.,. decreasing residential acreage (from approximately 403 acres to 370 acres),
»>-decreasing residential density (from 6.3 development units/acre to 5.4 du/acre),
increasing right-of-way/utility acreage (from 97 acres to 145 acres), and
.,. incorporating a trail system without barriers to alternative transportation.
Overall, the proposed development has been made smaller but still achieves the project development goals.
Any further minimization of this development would involve a decrease in revenues from anticipated residential
and commercial lot sales based on the acreage of lots to be sold, balanced against estimated per-acre
development costs.
D. What other sites were considered?
1. What geographical area was searched for alternative sites?
ENG FORM 4345
In 1988-1989, a corridor along both sides of State Highway 6 between Navasota and Hearne, Texas,
was researched to identify large acreage tracts of land for potential investment purposes. The original
search criteria for such a site included the following:
.,. relative close proximity to the College Station/Bryan, Texas area,
access to and from the College Station/Bryan area via State Highway 6,
acquisition costs less than $1,500 per acre, and
.,. a size of approximately +500 acres to allow for the creation ofa mixed use development.
Only one such site, the site now known as the Crowley tract, met these search criteria.
EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR)
2. How did you determine whether other non-wetland sites are available for development in the area?
At the time of the original land acquisition (in 1989), a specific determination as to whether or not other
non-wetland sites were available for development within the search corridor was not made. As
previously mentioned, only one site met the search criteria.
A wetland delineation, and subsequent delineation report (dated August 1997), was conducted and
prepared for the Crowley tract. Tills delineation report was then submitted to the U.S. Army Corps of
Engineers (USACE), Fort Worth District. The USACE verified the delineated waters of the United
States, including wetlands, on this tract in correspondence dated February 18, 1998.
A total of 8.317 acres of waters of the United States, excluding wetlands, was verified for this site along
with a total of 3.611 acres of wetlands for an overall total of 11.928 acres of waters of the United States
(including wetlands) on this property. This acreage did not include waters of the United States,
including wetlands, which existed within the State Highway 40 right-of-way that was identified at that
time. Since the USACE verification was issued for this site, the State Highway 40 right-of-way has
been widened slightly; therefore, the total acreage of waters of the United States, including wetlands,
which exist on this site, less the acreage which exists within the new expanded State Highway 40 right-
of-way, is 11.84 acres.
The current proposed impacts to waters of the United States, including wetlands, on the Crowley tract
is 5.89 acres. Impacts to waters of the United States resulting from the State Highway 40 project will
be submitted to the U.S. Army Corps of Engineers by the Texas Department of Transportation under
a separate permit application package.
3. Jn recent years, have you sold or leased any lands located within the vicinity of the project? If so,
why were they unsuitable for the project?
To date, no parcels or lots associated with the Crowley tract have been sold or leased. Purchase
negotiations are currently in progress between Mr. Tim Crowley, owner of the Crowley tract, and the
Texas Department of Transportation (TxDOT) for their acquisition of the right-of-way necessary fo r
the design and construction of State Highway 40 through the Crowley tract.
Mr. Tim Crowley does not have any additional real estate holdings in the general vicinity of the
Crowley tract aside from a one-half interest in 16 acres of land located along the east by-pass around
College Station, Texas. The acreage associated with this property is not comparable to the Crowley
tract as far as a master planned, mixed use development is concerned.
E. What are the consequences of not building the project?
Not developing and/or building this project would cause a significant financial loss to the property owner and
loss of a large tract of land in the growth corridor of the City of College Station. Tills property was purchased
at a price which anticipated long-term growth trends in the residential and commercial markets of the College
Station/Bryan, Texas area. Additionally, holding this land indefinitely without any type of development on this
property would not generate enough income from, for example, grazing leases or timber sales to regain the
original investment on this land.
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-ORl
II. Comparison of Alternatives
A. How do the costs compare for the alternatives considered above?
Minimizing lot sizes to avoid or minimize impacts to waters of the United States, including wetlands, for this
mixed use development would have the following results.
Direct Financial Impacts:
,. Minimizing impacts to waters of the United States would not change the overall development costs (i .e.,
past, present, and future costs) associated with this project. At this point in time, development costs
associated with this master planned development would be the same regardless of the final size of the
individual lots designed to be sold.
,. A decrease in revenue would be recognized if development costs for this project remained the same and
lot sizes decreased, thus decreasing the sale price of the lot or lots.
Reconfiguring the lot sizes could make several lots less desirable to potential buyers from both a si ze
and accessibility point of view.
B. Are there logistical (location, access, transportation, etc.) reasons that limit the alternatives considered?
Two of the selection criteria for this tract included access to State Highway 6 and the relative close proximity
of this tract to the College Station/Bryan, Texas area. The internal roadway infrastructure was negotiated
between Mr. Crowley, the City of College Station's Planning and Zoning Commission, and the Texas
Department of Transportation. The internal roadway system integrates the existing roadway system of College
Station into and throughout the Crowley tract as well as ties the College Station roadway infrastructure to both
State Highway 6 and the proposed State Highway 40. As proposed, the internal roadway system on the
Crowley tract establishes and maintains community cohesion as well as access to major and minor roadways
within College Station.
C. Are there technological limitations for the alternatives considered?
There are no technological limitations for the alternatives considered.
D. Are there other reasons certain alternatives are not feasible?
Based on the original selection criteria, only the Crowley tract was considered for this project. Avoidance of
several waters of the United States areas on the Crowley tract is however designed into the Development Master
Plan for this tract ofland. Wetland areas G, H, I, and J and Tributary 3 will not be impacted by the proposed
development. In addition, much of Spring Creek, Tributary 2, Tributary 4, and Tributary 5 will remain
unimpacted by this development. Alternatives such as minimizing or avoiding wetland impacts were
considered in many of the areas which are proposed to be impacted, but were not feasible and/or practicable
in most cases (i.e., Area A and B, etc.).
Also, Mr. Crowley realizes that small, isolated pockets of wetlands surrounded by a residential or commercial
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR)
..
development would be secondarily impacted and would no longer significantly contribute to the overall ecology
of this area. Therefore, by mitigating for primary and secondary impacts instead of leaving areas of partial
impacts intact (and creating a "postage stamp" wetlands approach) increased ecological benefits to this area
will be derived.
Impacts to waters of the United States (Spring Creek and other tributaries) are necessary to provide detention
and drainage infrastructure to accommodate the developments in this area. The alterations to Spring Creek and
associated tributaries will serve to improve the water quality of the area by providing adequate detention, slow
flows, and prevent flooding following development of the Crowley tract.
III. If you have not chosen an alternative which would avoid wetland impacts, explain:
A. Why was your alternative selected?
The Crowley tract was chosen based on the selection criteria described in Question D. l.
B. What do you plan to do to minimize adverse effects on the wetlands impacted?
As currently planned, 5.89 acres of waters of the United States will be impacted by this master planned
development. Though only partial impacts to waters of the United States, including wetlands, may occur in
several of these areas (i.e., Area A, B, and C, etc.), the entirety of each area is included in the acreage of the
impacts since secondary impacts to these remaining areas are likely to occur. Since minimizing impacts to
waters of the United States is not feasible and/or practicable in many areas to implement the development and
associated supporting infrastructure improvements necessary to achieve the goals of this project, maximizing
the open spaces, green belts, parks, trails, and especially the deed restricted natural area and conservation
reserve associated with this project is a top priority.
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-ORl
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PURPOSE•
The purpose of this project Is to creote o mixed use
development to Include slnQle ond rrultl-fanl ly
resldentlol uses, comnerclol uses, ond lnstltutlonol
uses, os wel I as lnteQroted nature preserves and
storm woter detention foci I I ties.
SUBMITTED BY•
MR. TIU CROM..[Y
CHEVRON TOWER
1301 UCKINN[Y, SUIT[ 3500
HOUSTON, TEXAS 77010
APRIL, 1999
LJA PRMCT NO. ~591-9811
EARTH TECH PRO.l:CT NO. 1(}4()10
E A R E c H
A t-qco IN TERNA TJONAL L TO. COMPANY
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY• BRAZOS COUNTY, TEXAS
GENERAL LOCATION MAP EXHIBIT
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PURPOSE•
The purpose of this project Is to creote o mixed use
development to Include slnQle ond rrultl-fanl ly
-resldentlol uses, comnerclol uses, ond lnstltutlonol ~ uses. os well os lnteoroted nature p~ese~ves ond 0 ~ storm woter detention foci I I ties. ~ Q.
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SUBt.41 TTED BY•
~ T II.I CROWLEY
CHEVRON TOWER
1301 MCKINNEY, SUITE 3500
HOUSTON. TEXAS 77010
APRIL, 1999
LJA PROJECT NO. '4591·9811
EARTH TECH PROJECT NO. I040IO
E A R f c H
A t-qco INTERNATIONAL L TO. COMPANY
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY• BRAZOS COUNTY, TEXAS
VICINITY MAP EXHIBIT 2
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~\ .. /( ,,, / -, . ./ ,_ J09
. ""'-
'\ J /
LOCATION
2000
SCALE IN FEET
/ I
.r
.I ,~-,_._·.
BASE MAP SOURCE• UNITED STATES GEOLOGICAL SURVEY, 7.5 MINUTE SERIES TOPOGRAPHIC OUAORANGLE, WELLBORN, TEXAS, 1961, PHOTOREVISEO 198~
~ !--~~~~~~~~~~~~~~~~~~~~~~--..~~~~~~~~~~~~~~~~~~~~~~~
':' PURPOSE•
~ N • The purpose of this project Is to create o mixed use
development to Include slnQle ond multl-foml ly
~ resldentlol uses, cocnnerclol uses, ond lnstltutlonol
~ uses, os wel I as lnteQroted nature preserves ond 3 storm wot er detent I on foe I I It I es.
er: Q. ,, SUBMITTED BY•
;; MR. TU.I CROWLEY
;:: CHEVRON TOWER APRIL, 1999
EARTH@ [ c
A "rqco INTERNATIONAL L TO. COMPANY
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY• BRAZOS COUNTY, TEXAS
H
0 llOI MC~IHNEY, SUITE 3500
~ HOUSTON. TEXAS no I 0
LJA PROJECT HO. ~591-9811
EARTH TECH PRO~CT H0.10<4()10 USGS TOPOGRAPH I c MAP EXHIBIT 3 u .__~~~~~~~~~~~~~~~~~~~~~~-L~~~~~~~~~~~~~~~~~~~~~~~
,..
•
LOCATION
0 800
SCALE IN FEET
LEGEND
~ WATERS OF THE UNITED STATES
WETLANDS
-----PROJECT BOUNDARY LI NE
BASE UAP SOURCE• WETLAND DELINEATION EXHIBIT, •PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED
~ STATES ANO WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT," AUGUST 1997. VERIFIED
o BY THE USACE ON FEBRUARY 18, 1998, PROJECT NUMBER 199700476. 1-------------------------T--------------------~ ~ PURPOSE•
~ The purpose of this project Is to create o mixed use
~ development to Include slnQle ond multl-foml ly
/ resldentlol uses, comnerclol uses, Institutional
E A R E c H
~ uses. ond recreot I ono I uses, OS we I I OS I nteQroted A "rqco INTERNATIONAL L TO. COMPANY
.;, nature preserves ond storm water detention foci I ltles.1-----------------------
N .. SUBM I TTEO BY•
_ MR. TI I.I CROWLEY
::i CROWLEY DEVELOPMENT CORPORATION ~ CHEVRON TOWER
li1 1301 MCKINNEY, SUITE 3500 ~ HOUSTON. TEXAS 770 I 0
AUGUST, 1999
LJA PROJECT NO. 4591-9811
EARTH TECH PROJECT NO. 104()10
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY• BRAZOS COUNTY, TEXAS
EXISTING WATERS OF THE
U.S., INCLUDING WETLANDS
NORTHEAST PORTION EXHIBIT 4
z C> 0
LOCATION
0 BOO
SCALE IN FEET
EXHIBIT <4 NORTHEAST PORTION
LEGEND
~ WATERS OF THE UNITED STATES
111111111111111111111 WE TL ANDS
-----PROJECT BOUNDARY LI NE
BASE UAP SOURCE• WETLAND DELINEATION EXHIBIT, "PRELIUINARY OETERUINATION OF THE WATERS OF THE UNITED
STATES AND WETLANDS OF THE APPROXIUATELY 735-ACRE CROWLEY TRACT," AUGUST 1997. VERIFIED
BY THE USACE ON FEBRUARY 18, 1998, PROJECT NUUBER 199700476.
N !----------------------.--------------------~ ~ PURPOSE•
u ... .,,
u
/
The pu..-pose of this project Is to create o mixed use
development to Include slnole and ~ltl-fanl ly
resldentlol uses, conmerclol uses, lnstltutlonol
uses, ond recreotlonol uses, os wel I os lnteoroted
E A R T E c H
A -rqco INTERNATIONAL L TO. COMPANY
0 P-
O' . "' N
notu..-e preserves ond storm water detention foci I ltles.1---------------------
... SUBMI TTEO BY•
-~ T Ill CROWlEY .. .,,
0 ...,
0 a: CL
/
CROWLEY DEVELOPMENT CORPORATION
CHEVRON TOWER
1301 MCKINNEY, SUITE 3500
HOUSTON, TEXAS 77010
AUCUST, 1999
LJA PROJECT NO. <4591·9811
EARTH TECH PROJECT NO. 10-4()10
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY• BRAZOS COUNTY, TEXAS
EXISTING WATERS OF THE
U.S., INCLUDING, WETLANDS
SOUTHWEST PORTION EXHIBIT 5
LOCATION
0 0. 25
SCALE IN " ... ILES
WETLAND D - - -BASE MAP S OUR CE•
LEGEND
WATERS OF T HE UNITED STATES
ADJACENT WET LANDS
· PROJECT BOUNDARY LINE
STATES AN EL INEAT ION - -INSET BO
PURPOSE• BY THE US~G~E~LANOS ~~H:~iT• ·PRELIUINA UNOARY LINE
The PU'"PoSe of N FEBRUARY •• ·~~ROXIUATEL~Y,OETERUINATION ~=~~ ~~:::~: :~ :~~: .:.;o; ~~~I Is to cceote • "· PROJECT ~~i~E I~~~~~~;: T~~~T ~~ T~~u~i THE UN ITEO
uses. ond ce es. conmeccl e ond oultl-fo ml,ed use • 1997. VERIFIED
notuce pcese~:=~tlonol use~' ~:es. lnsrn:::':~Y E @) SUB ond sto • we II o no I A R T .., MI TT EO By' cm wotec de tens Int eocoted H ~ ,,;:;" CR""-" tlon •oc11 "oes ., ~ y °'"'°"" . qco INTER ~ ~~oE'",'" rnwER ENT CORl'ORU ION s IT NA T/ONAL
-"'"~" E• 73S·ACRE C UO. COMPANY
E c H
, HOUSTON. m • SUITE '500 LOCATION• COL ROWLEY TRACTf ___ :_ __ _
" T70IO :~u:.:;_.~~" COUNTY• BRAZ L ECE ST A Tl ON
""'' TECH "'· .,__,., EX OS COUNTY AAo..<CT ..,_ 10<00 I s T I NG co • TEXAS ----=::rs I TE OVERV NO IT IONS IEW MAP EXHIBIT 6
,'
From:
To: J
Date'!'
Subject:
Alan ,
Mark Smith
Alan Gibbs; Bob Mosley; Craig Jordan
10/23/2006 9:58:30 AM
Re: Crowley's 404
Set up a meeting for us to discuss this before we issue any more permits. This is not simply a case of
interpretation of the 404 and local ordinances. We, the City, are a downstream property owner with
intrests in the impact of upstream development. TxDOT is also a downstream property owner by virtue of
the conservation easement and they have an intrest inthe impact of upstream development also.
Mark Smith
Director of Public Works
PO Box 9960
City of College Station, TX 77842
979-764-3639 -office
979-777-0679 -eel
>» Craig Jordan 10/23/06 9:30 AM »>
Why are we interpreting a 404 permit? Just require that the applicant to contact TxDOT who oversees the
conservation easement and get a letter stating what is required or not? Do we have an investment in what
the outcome will be? I assume not.
I can not believe that the "City" has no "right" to require a developer to contact the agency who oversees
the conservation easement which includes an endangered species on the City's property and the
easement attached to the City's property .. I mean if we require it what is the applicant going to do. We
could send the drawings to TxDOT ourselves seeing as how it affects the City's property and the
easement attached to the City's property.
What is the point of deciding what the 404 says and then we do not contact TxDOT at all or require
anything . This easement is serious business with TxDOT and the Fish and Wildlife. Is this going to come
back to the city the minute construction starts?
Minimum would be a meeting between TxDOT and the City.
Craig
Craig Jordan, P.E.
City of College Station
Public Works-Engineering Division
2613 Texas Avenue
P.O. Box 9960
College Station, TX 77842
Phone: (979) 764-3816
Fax: (979) 764-5014
Email: cjordan@cstx.gov
Web: www.cstx.gov
»> Alan Gibbs 10/20/2006 5:28 pm »>
Bob,
I am not very familiar with 404s, but there are several conditions or standard provisions but the
documentation states " ... this Conservation Reserve will provide suitable mitigation for impacts to NLT
plants resulting from the State Highway 40 project as well as the Crowley development. The majority of
the NL T lants identitfied on the Crowley tract, as well as the most suitable habitat for the plant, are located
within the area now designated as the Conserfation Reserve." The attachments show how Crowley
proposes to develop each tract. So I believe it implies that wetlands and NL Ts damaged or lost in with the
"all" the proposed construction are permitted and mitigated with this 404 by preserving the 71 AC (38 AC
TxDOT Conservation and 33 AC Deed Restricted Natural Area). There are three applicable standard
provisions of interest:
11 . Stormwater runoff from construction activiites is governed by ... EPA .. general permit. ..
12 .... areas disturbed ... shall be seeded, riprapped ... to minimize soil erosion ...
13. Disturbance to vegetation .... limited only what is absolutely necessary ... revegetate ... etc
I'll send you a copy of this documentation as well.
Alan Gibbs, P.E.
City of College Station
Sr. Asst. City Eng ineer, Public Works
>» Bob Mosley 10/20/2006 8:27 AM »>
Do you happen to know if the greenway dedication language or deed restrictions of those non-TxDOT
areas includes language that prohibits use to protect the NL Ts?
»> Alan Gibbs 10/19/2006 5:27 pm »>
Fyi, Joe Schultz submitted 404 documentation that covers all of Crowley's original tract. We have
subsequently issued a DP for a clearing permit for Castlerock for all the ROWs and portions of the
perimeter. From a brief review Carol tells me the 404 acknowleges Ladies Tresses will be lost in the
private development which was the reason for the additional mitigation area -the western (non-TxDOT)
easement. Let me know if yall want a copy.
Alan Gibbs, P.E.
City of College Station
Sr. Asst. City Engineer, Public Works
CC: Carol Cotter
Ct/N~el<Vk!?otJ ~<;;MT 11-1~-6 .' -~~
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DATE:
AMENDED AND RESTATED
COVENANTS, CONDITIONS AND RESTRICTIONS
OWNER: Timothy J . Crowley
OWNER'S MAILING ADDRESS: 1301 McKinney, Suite 3500
Houston, Harris County, Texas 77010
PROPERTY: Being those tracts of land located in the City of College Station, Brazos County,
Texas, more particularly described on pages 1 through 7 of Exhibit "A" attached
hereto and incorporated herein by reference.
PREAMBLE:
A. Owner, in accordance with Permit Number 1997004 76 (the "Permit") issued by the
United States Department of Army, Corps of Engineers (the "Corps") under Section
404 of the Clean Water Act, as a condition of obtaining the aforementioned permit,
imposed certain protective covenants, conditions and restrictions on the property
described in the Restrictions (as defined below) to provide for mitigation of the
impacts to waters of the United States, including wetlands; such protective
covenants, conditions and restrictions are set forth in the Covenants, Conditions and
Restrictions (the "Restrictions") recorded in Volume 4125, Page 141 , Official Records
of Brazos County, Texas.
B. The Corps amended the Permit by letter dated December 16, 2003 (the "Permit
Amendment"), which , in part, modified the location of the property subject to the
Restrictions. The Permit Amendment is attached hereto as Exhibit "B" and
incorporated herein by reference;
C. In order to conform to the Permit Amendment, Owner and the Corps wish to amend
and restate the Restrictions to modify the description of the property contained in the
Restrictions to the Property described above; and
D. Owner is the owner of the Property and the Property is located in the general vicinity
depicted on page 8 of Exhibit "B".
E. As amended and restated, these Covenants, Conditions and Restrictions replace
and completely supercede the Restrictions.
DECLARATION:
NOW, THEREFORE, it is hereby declared (i) that all of the Property shall be held, sold,
conveyed and occupied subject to the following covenants, conditions and restrictions, which
shall run with the Property and which shall be binding on all parties having any right, title, or
interest in or to the Property or any part thereof, their heirs, successors, and assigns; and (ii)
that each contract or deed that may hereafter be executed with regard to the Property or any
portion thereof shall conclusively be held to have been executed, delivered and accepted
subject to the following covenants, conditions and restrictions regardless of whether or not the
same are set out or referred to in said contract or deed.
1. Restrictions on Use of Property. Except as provided in Section 2 below, the Property
shall be maintained in its natural state as a stream riparian and wetland mitigation area.
Livestock grazing and mowing are not allowed on the Property.
2. Permitted Uses of the Property. The Property may be used for the following purposes:
a. Establishment and public utilization of hike and bike trails to be located along the
fringe of the Property, consisting primarily of a natural permeable material
allowing for natural drainage conditions to exist. In limited areas prone to erosion
or excessive maintenance or within fifty feet (50') of the perimeter of the Property,
concrete or other impermeable materials may be used to construct the trails.
Landscaping following trail installation/construction activities on the Property is
allowed. The hike and bike trail system may include water stations, lighting,
restrooms, picnic tables and rest areas. The hike and bike trail may cross Spring
Creek and the associated tributaries located on the Property and such crossings
may require the construction of bridges or culverts. The understory on the
Property may be removed in selected areas near the hike and bike trail to
accommodate the water stations, lighting, restrooms and rest areas. Herbicides
and pesticides may be applied immediately adjacent to the trails.
b. Installation of temporary and/or permanent protective fences.
c. Installation of guide, warning, prohibited access and other signs related to the
hike and bike trails.
d. Exploration for or extraction of oil , gas and other minerals below the surface of
the Property; provided such exploration or extraction does not utilize or disturb
the surface of the Property.
e. Installation and maintenance of a sanitary sewer line crossing the Property. An
easement will be maintained along the sanitary sewer line for access and repair
of the line.
f. Exercise of the rights under any easements or rights of way of record in the office
of the County Clerk of Brazos County, Texas.
3. Permitted Exceptions. These restrictions are made subject to any and all matters,
ordinances, restrictions, covenants, conditions, encumbrances, rights of way, easements and all
outstanding mineral and royalty interests, if any, affecting the Property, whether or not of record
in the office of the County Clerk of Brazos County.
4. Amendment and Termination. This instrument may only be amended or terminated in
whole or in part by written instrument signed by the then owners of the Property and the United
States Army Corps of Engineers
5. Covenants Running with the Land. The provisions of this instrument will be deemed to
be covenants running with the land and binding on the Property and all parties having any right,
title or interest in and to the Property, or any part thereof.
[Signatures on following page)
TIMOTHY J. CROWLEY
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the __ day of ___ , 2004, by
TIMOTHY J. CROWLEY.
Notary Public, State of Texas
Agreed and Accepted:
United States Department of Army Corps of Engineers
By: ____________ _
Name: ____________ _
Title:-------------
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the __ day of , 2004,
by of United States Department of
Army Corps of Engineers.
AFTER RECORDING RETURN TO:
Charles A. Ellison, P.C.
P.O. Box 10103
College Station , Texas 77842
Notary Public, State of Texas
PREPARED IN THE LAW OFFICE OF:
Charles A. Ellison, P.C.
P.O. Box 10103
College Station, Texas 77842
AMENDED AND RESTATED COVENANTS, CONDITIONS AND RESTRICTION:
TIMOTHY J. CROWLEY AND UNITED STATES DEPARTMENT OF ARMY, CORPS OF
ENGINEERS
METES AND BOUNDS DESCRIPTION
OF A 22.089 ACRE TRACT OF LAND
OUT OF_ THE ROBERT STEVENSON SURVEY, A-54
COLLEGE STATION
BRAZOS COUNTY, TEXAS
All that tract or parcel of land lying and being situated in Brazos County, Texas, and being situated in the
Robert Stevenson Survey, A-54, and being a part of the same tract ofland described in a deed to Timothy
J. Crowley, as recorded in Volume 1415, Page 74, of the Brazos County Official Records(B.C.O.R.), and
being more particularly described by metes and bounds as follows with all control referred to the 1983
Texas State Plane Coordinate System, Lambert Projection, Central Zone:
COMMENCING at a fence post for the north comer of said Crowley tract, also being a point in the
southwest right-of-way line of State Highway No. 6, also being the east corner of the John M. Lawrence,
III, 247.46 acre tract, as record din Volume 929, Page 216, of the B.C.O.R., having a Texas State Plane
Coordinate Value ofX= 3,576,278.52(E), Y = 10,192,792.33 (N)
THENCE South 41°27'48" West, a distance of2,819.3 l feet to a 5/8" iron rod set for the PLACE OF
BEGINNING;
THENCE along the common line between this tract and the Spring Creek Development C.S. 62.18 acre
tract, as recorded in Vol. 4712 Page 260, of the B.C.O.R. for the following calls:
South 83°02'23" East, a distance of 443.49 feet to a 5/8" iron rod set for comer;
South 54°55'5 l" East, a distance of 359.52 feet to a 5/8" iron rod set for comer;
North 88°09'02" East, a distance of 162.57 feet to a 5/8" iron rod set for comer;
South 19°25' 17" East, a distance of 24.61 feet to a 5/8" iron rod set for corner, also being a point on the
northeast line of the 38.064 acre Conservation Zone, as recorded in Vol. 3926, Page 104, of the B.C.O.R.;
THENCE South 45°47' 13" West, a distance of 472.82 feet along the common line between this tract and
said Conservation Zone to a 5/8" iron rod set for the west corner of said Conservation Zone;
THENCE severing said Crowley tract for the following calls:
South 57°07'06' West, a distance of 199.57 feet to a 5/8" iron rod set for comer;
South 60°27'53" West, a distance of 134.79 feet to a 5/8" iron rod set for corner;
North 79°48 29" West, a distance of 96.18 feet to a 5/8" iron rod set for comer;
North 41°59 36" West, a distance of 101.11 feet to a 5/8" iron rod set for comer;
THE CE North 07°08'56' West, a distance of 114.01 to the east comer of a 1.500 acre Park Land
Dedication, as recorded in Vol. 5511, Page 263 of the B.C.O.R., continuing on for a total distance of
'210.26 feet to a 5/8" iron rod set for comer, also being the north comer of said 1.500 acre tract;
THENCE along the common line between this tract and said 1.500 acre tract for the following calls:
South 60°55'47" West, a distance of 99.99 feet to a 5/8'~ iron rod set for corner;
South 39°26'59" West, a distance of 93.24 feet to a 5/8" iron rod set for comer;
South 39°51 '46" West, a distance of74.22 feet to a 5/8" iron rod set for comer;
South 50° 41'3 3" West, a distance of 62. 7 5 feet to a 5/8" iron rod set for comer;
North 82°52' 14" West, a distance of 35.59 feet to a 5/8" iron rod set for corner-
North 37°10'01" West, a distance of32.15 feet to a 5/8" iron rod set for corner;
South 87°08'08" West, a distance of 17.68 feet to a 5/8" iron rod set for comer;
South 34°18' 51 " West, a distance of 42.29 feet to a 5/8" iron rod set for corner;
South 06°40'59" West, a distance of 62.98 feet to a 5/8" iron rod set for comer;
South 17°23'32" East, a distance of 53.89 feet to a 5/8" iron rod set for comer;
South, a distance of 17 .65 feet to a 5/8" iron rod set for comer;
South 46°49'45" West, a distance of 16.83 feet to a 5/8" iron rod set for corner;
South 16°08' 04" West, a distance of 30.36 feet to a 5/8" iron rod set for comer;
South 30°11 '47" East, a distance of 83 .35 feet to a 5/8" iron rod set for comer also being a southeast
comer of said 1.500 acre tract; -
THENCE severing said Crowley tract for the following calls:
South, a distance of 4 7 .16 feet to a 5/8" iron rod set for comer;
South 44°19' 10" West, a distance of 40.30 feet to a 5/8" iron rod set for corner;
North 87°31' 11" West, a distance of 50.63 feet to a 5/8" iron rod set for comer;.
South 82°24'36" West, a distance of 33.58 feet to a 5/8" iron rod set for comer;
South 54°14'28" West, a distance of 38.38 feet to a 5/8" iron rod set for corner;
South 16°24'44' West, a distance of76.02 feet to a 5/8 'iron rod set for comer;
South 11°57'50" West, a distance of 253.01 feet to a 5/8" iron rod set for corner~
North 73°21 '03" West, a distance of 50.19 feet to a 5/8" iron rod set for corner;
BXHIBIT_~A~---
e 2-of. 1 _Pages
North 79°47'20' West, a distance of 30.90 feet to a 5/8'' iron rod set for comer;
South 14°27'26" West, a distance of 11.19 feet to a 5/8" iron rod set for comer;
South 11°51'44 ' East, a distance of 47 .08 feet to a 5/8" iron rod set for comer;
South 75°45'41" West, a distance of282.07 feet to a 5/8" iron rod set for comer;
orth 3 7°27'28 ' East, a distance of 297 .33 feet to a 5/8" iron rod set for corner;
North 64°46'47' East, a distance of 30.60 feet to a 5/8" iron rod set for comer;
North 22°15'36" West, a distance of23 l .42 feet to a 5/8" iron rod set for comer;
South 39°32'28" West, a distance of 127.86 feet to a 5/8" iron rod set for comer;
South 61 °41 '00" West, a distance of 63 .26 feet to a 5/8" iron rod set for comer;
North 84°17'08" West, a distance of258.24 fe.et to a 5/8" iron rod set for corner, also being a point in the
southeast line of the Edward Froehling 49.35 acre tract, as recorded in Vol. 4248, Page 144, of the
B.C.D.R;
THENCE North 43°11' 17" East, a distance of 608.41 feet along the common line between this tract and
said Freehling 49.35 acre tract, and the Edward Froehling 27.657 acre tract, as recorded in Vol. 2986
Page 201, of the B.C.O.R. to a 5/8" iron rod found for comer;
THE CE North 43°20 10" East, a distance of925.34 feet along the common line between this tract and
said Freehling 27.657 acre tract to a 5/8" iron rod found for comer for the PLACE OF BEGINNI G
containing 22.089 acres.
Dante Carlomagno
Texas Registered Professional
Land Surveyor No. 1562
2004-10-14-22acres.doc
October 14, 2004
EXHIBrr-:.A ____ _
...... __ 3 __ of__.;l=.._.._.
POINT OF
COMMENCEMENT M: 10,192,792.33
E: 3,578,278.52 I:
EDWARD
f'ROEHUNG
27.657 ACRES
VOL 2986,
PAGE 201
EDWARD
FROEHLING
49.35 ACRES
VOL 4248.
PACE 144
;;j' °' ;. ~;
Cll
SPRING CREEK
0£VELOPMENT C.S
VOL 4712 PAGE
260
62.18 ACRES
OPEN SPACE
22.089 AC.
COVENANTS,
CONDITIONS &
RESTRICTIONS
VOL 4125/PG
141
10.419 AC.
38.064 AC.
CONSERVATION
ZONE
OPEN SPACE
\JOL 3926/PG
104
REMAINDER
OF
CROWLEY
TRACT
VOL. 1416,
PAGE 74
REMAINDER OF
CROWLEY
TRACT
VOL H16,
PACE 74
OPEN SPACE
COVENANTS,
CONDITIONS c!t
RESTRICTIONS
VOL 4125/PG
148
300 0 300 600 900 Feet
File name: 2004-10-14-PARCELS-22ACRESDWG
Plot dote: 10/19/04 at 13·10
22.097 ACRES
PART OF CROWLEY TRACT
DRAWING f:
2004-10-14-22ocres
EXHIBIT__,;A:....;;_~----T~ ,. 1 of__,___
VOL 1415, PAGE 74
ROBERT STEVENSON SURVEY, A-54
BRAZOS COUNTY, TEXAS .... --~--~~~~--~--~----------------.....
DAA BY:
A. WALLACE
CARLOMAGNO Surveying Inc.
2714 FitHeother Rood n Tex s 77801
METES AND BOUNDS DESCRIPTIO
OF A 10.416 ACRE TRACT OF LAND
OUT OF THE ROBERT STEVENSO SURVEY, A-54
COLLEGE TATION
BRAZOS COUNTY, TEXAS
All that tract or parcel of land lying and being situated in Brazos County, Texas, and being situated in the
Robert Stevenson urvey, A-54, and being a part of the same tract ofland described in a deed to Timothy
J. Crowley, as recorded in Volume 1415, Page 74, of the Brazos County Official Records(B.C.O.R.), and
being more particularly described by metes and bounds as follows with all control referred to the 1983
Texas State Plane Coordinate System, Lambert Projection, Central Zone:
CO MME CING at a fence post for the north comer of said Crowley tract, also being a point in the
southwest right-of-way line of State Highway No. 6, also being the east comer of the John M. Lawrence
III, 247.46 acre tract, as recorded in Volume 929, Page 216, of the B.C.O.R., having a Texas State Plane
Coordinate Value of X= 3,576,278.52(E), Y = 10 192,792.33 (N)
THENCE South 33°12'09" West a distance of 4,300.84 feet to a 5/8" iron rod set for comer for the
PLACE OF BEGINNI G;
THENCE severing said Crowley tract for the following calls:
South 11°51 '44" East, a distance of 31.98 feet to a 5/8" iron rod set for comer;
South 60°4 7' 40" East, a distance of 81 . 70 feet to a 5/8" iron rod set for comer;
South 56°18' 17" East, a distance of 23.91 feet to a 5/8" iron rod set for comer;
South 21°57'24" West, a distance of 152.65 feet to a 5/8" iron rod set for comer;
South 42°50'38" West, a distance of 292.95 feet to a 5/8" iron rod set for comer;
outh 15°03' 13" West, a distance of 248. 72 feet to a 5/8" iron rod set for comer;
South 87°11 '04" West, a distance of 456.89 feet to a 5/8" iron rod set for comer;
South 29°30' 59" West, a distance of 321.59 feet to a 5/8" iron rod set for comer, also being a point on the
north right-of-way line of tate Highway 40~ being 62.965 acres, as recorded in Vol. 3926, Page 85 of the
B.C.O.R.;
THENCE along the common line between this tract and said right-of-way line of State Highway 40 for
the following calls:
South 85°46'14" West, a distance of 10.57 feet to a 5/8" iron rod set for comer;
South 85°17'35" West, a distance of 392.64 feet to a 5/8" iron rod set for the southwest comer of this
tract. from which a concrete monument bears S 42°32'03" W, 1.07 feet for reference;
EXHmIT~_.._A..__~~~
P ge 5 of 1' Pages
-.. .. . . . ... '·
orth 39°39'40 East a distance of290.73 feet to a 5/8" iron rod set for comer;
orth 5°28'07 -East, a istance of l 00.09 :fi t to a 5/8" iron rod set for comer;
orth 47°17'22" East a di c of 108.60 feet to a 5/8n iron rod set for com r
orth 73 °27 09 East a distance of 317. 77 feet to a 5/8., iron rod set for comer;
orth 24 °08 '0 l' East a distance o 143 .13 feet to a 5/8" iron rod set for comer
orth 37°27 28" East, a distance of 383.68 fret to a 5/8' iron rod set or comer;
orth 75°45 I 'East, a distance of 380.04 feet to the PLAC 0 BEGI
square feet or 10.416 acres.
Dan e Carlomagno
Tex egiste ed Professional
Land urveyor No. 1562
20 -l 0-14-1 Oacres.doc
October 14 2004
G containing 453, 709
OPEN SPACE
22.089 AC.
COVENANTS,
CONDITIONS &
RESTRICTIONS
VOL 4125/PG 141
REMAINDER OF
CROWLEY TRACT
VOL. 1416, PAGE 74
10.419 AC.
OPEN SPACE
COVENANTS,
CONDITIONS &
RESTRICTIONS
VOL 4125/PG 148
REMAINDER Of
CROWLEY TRACT
VOL. 1416, PACE 74
10.-416 ACRES
PART OF CROWLEY TRACT
VOL 1415, PAGE 7-4 ROBERT STEVENSON SURVEY, A-5-4
BRAZOS COUNTY, TEXAS
DRAWING f:
2004-10-14-10ocres
DRAWN BY:
A.WALLACE
CARLOMAGNO Surveying Inc.
2714 Finfeoth r Ro B on Tex 77601
DEPARTMENT OF THE ARMY
FORT WORTH DISTRICT, CORPS OF ENGINEERS
P. 0 . BOX 17300
FORT WORTH. TEXAS 76102-0300
AEPLYTO
ATTENTION Of· December 16, 2003
Planning, Environmental, and Regulatory Division
Regulatory Branch
SUBJECT: Project Number 199700476
Ms. Heather Niles
Associate Project Manager
PBSJ
1880 S. Dairy Ashford St., Suite 300
Houston, Texas 77077-4760
Dear Ms. Niles:
This is in response to your letter of October 22, 2003, requesting a modification to
Department of the Anny permit 1997004 76 for the construction of a mixed development by
Mr. Tim Crowley, on a 735 acrt: property located southeast of College Station along Spm!g
Creek in Brazos County, Texas.
We have reviewed and hereby approve your request. Permit Number 199700476 is modified
as follows:
l. Replace sheets 1 of 12 with sheets 1 of 6, dated December 2003 _ (enclosed).
2. Replace "December 31, 2003" in General Condition 1 on page one of the permit with
"December 31, 2005".
This modification is ·effective immediately. All other terms and_ conditions of the original
permit remain in full force and effect. If you have any questions concerning this letter, please
contact Mr. Barry Osborn at the address above or telephone' (817)886-1734.
Enclosure
Sincerely,
I~
Chief, Regulatory Branch
EXHIBrf--11.Pl..1..-~--
.,...._ .... 1 __ 0.f 8
0 23
0: ~ APPROXIMATE SCALE IN MILES u 0 .J ~ 6ASE MAP SOURCE• TEXAS OEPARTM(NT OF TRANSPORTATION, /
0 ... "' .
V> "' ..
.:; ..: "' 0 ... 0 a:: ... / .:.
...
0 0 .. u
PURPOSE a
The purpose of this Pf"'OJect Is to create a mixed use
development to Include slnQle and ~ltl·fonlly
residential uses, comner-clal uses, and Institutional
uses, os wett os lnte<;)f"oted nature preserves ond
storm water detention focllltles .
SUBU I TTEO BY•
I.fl. T I LC CAOWL EY
Ctl(VflON TOwt::R
ISOI MCKINH(Y, SUITE 3500
HOUSTON, TCKAS 71010
APR1l.,-199<J
LJJ. PROJECT NO. '4591·9811
(J.RTH TECH PROJECT HO; 104()10
E A R E c
A 'b:{co /NTcRNATIONAL L TO. COMPANY
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
H
COUNT y, BRAZOS COUNTY rP-r-(J]-.-ec_t_N_w_n_b_er_l_9_~-70-0-4-76-
Sheet l of 6 GENERAL LOCATION December 2003
3 0
4. l 0 ... "' u ~
0 zooo
SCALE IH FEET
I
(
)
/ . -~--~"'--
··· , ..
.' ,,,,,./_ -
BASE MAP SOURCE• UNITEO STATES GEOLOGICAL SURVEY. 7.5 MINUTE SERIES TOPOGRAPHIC OUAORANGLE. WELLBORN. TEXAS. 196 1. PHOTOREV I SEO 1980.
~ 1--~~~--~--------------------------~--~----.--------~------~--------~~----~----~--~ ~ PURPOSE•
~ The purpose of this project Is to create o mixed use
• development to Include s lnoie ond multl ·fonlly
·; resldentlol uses. conmerclol uses. and lnstltutlonol
~ uses. os well os lnteQr'oted nature preserves and
., s1"orm water <Jetent I on foe I 1 It 1 es. f ,, . SUBMI TTEO BY•
E A R T E c
A 'tqco INTERNATIONAL L TO. COMPANY
SITE1 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
H
i MA. TIM ~0 EY
-CHEVROff TOWER ... COUNTY• BRAZOS COUNTvr-P-rOJ-.-e-ct_N_u_m_b_er_19_9_7_0_04_7_6_
AAAU •• 1999
1301 MCK-IHN£Y. SUITE 3500 LJA PROJECT NO. 4591·9811 Sheet 2 of 6 ~ HOUSTON. Tcus no10 EART!i t£0t ~OJEct N0. •040lo USGS TOPOGRAPHIC December 2003
u L---------------~--~------~~~--------------L-------------~------lL... .... ..;;.;;;,iiiiiiiiiii.iii.iiiiim .........
t:;
~ ...... u. ID
E a. m ~ M
Legend
ZONED "A-o•
PROPOSED REZi ING AREA
111.46 ACRES
CURRENT ZONl G ~A.on
PROPOSED ZO ING ~poO-H''
SECl1C*t 1t -.t·,......_y
10.2 ACflES
ct = ... -ta -~ IU
w ,. w
Cl)
w z -..J 2:
(,,)
i
________________ _,_ ___________________________ ,.
Conservation Zone and Deed
Restricted_ Boundary
Wetlands
Spring Creek and its Tributaries
Greenway
0 250 500 1000
SCALE IN FEET
PBSJ 1880 S.Dairy Ashford Rd., Ste. 300
Houston. Texu 77077-4760
Phone: (281) 493-5100 fax: (281) 493-1047
Exhibit7A
735-Acre Crowley Property
·college Station, Brazos County, Texas
Revised Site Plan
;,. Note: ~ ~ Replaces previous Exhibts 7, 8, 9, & 10. . Project Number 1997004 76
g "• Applicant: Mr. nm Crowley Sheet 3 of 6
81.. ...................................................... ~.'.;.. ... -"i;A~e~n~t ... ;PB~S~&J:;:.. ......... -. ... Dmemcmemiiiibmeriili2m00•3._ .. ..
:! ... -CD -:c t1
w w fl)
II.I z -... :c u
!C
2
legend
Conservation Zone and Deed
Restricted Boundary
Wetlands
ct en ... -CD -:c
= w w
fl)
w z -... :c CJ
!C 2
0 250 500 1000
SCALE IN FEET
PBSJ 1880 S.Dairy Ashford Rd., Ste. 300
Houston, Texas 770774760
Phone: (281) 493-5100 fax: (281) 493-1047 ~ ~ Spring Creek and its Tributaries
:! Exhibit 8A : § W Greenway 735-Acre Crowley Property
.% College Station, Brazos County, Texas
: Revised Site Plan a Note: 6) ~ Replaces previous Exhibts 7, 8, 9, & 10. Project Number 199700476
No 1;.0 Sheet 4 of 6 Applicant: Mr. Tim Crowley
8._ ..................................................... ~~i ...... .i.;;A~e:n~t: ... ~P~B~S&:J:.,.. ...... ..J .. illmDmemcmemiiibmeriillil20•0•3 ..... ..
r c? N ~ Q.
"i !:;
.QI i ~
f (j
C") .... "° g
~
Legend
Conservation Zone and Deed
Restricted Boundary
Wetlands
~ ~ Spring Creek and its Tributaries
u: ~ ~ Greenway
it ... ,;.;
··~~ .
0 250 500 1000
SCALE IN FEET
l"BSI' 18'0 s.D.uy /uhfoo! Rd., St. JOO Houston, Tex.as 77077-4760
Phone: (281)493-5100 fax: (281) 493-1047
Exhibit9A
735-Acre Crowley Property
College Station, Brazos County, Texas
Revised Site Plan
g
N Replaces previous Exhibts 7, 8, 9, & 10. Project Number 199700476
(") Note: ~
g ~o Applicant: Mr. nm Crowley Sheet 5 of 6
8._ ........................................................................ ~~~;... .... ~~e:n~t .... ~PB~S&;::;:,J ........... ...11 .... Diiecjemimbmeriiili20m0m3illll .. lll
•
•'
Approx. 33.0 Ac.
Deed Restricted
Natural Area
Conservation Zone and Deed
Restricted Boundary
Wetlands
Spring Creek and Its Tributaries
Greenway
Conservation Reserve
28-1 38.06 Ac.
Conservation Reserve
Open Space
PBSJ 1880 S.Da.iry Ashford R.d., Ste. 300
flouston, Tew 77077-4760
Plione: (281) 493-5100 fax: (281) 493-1047 ~ Yll////!l!P71//A ~ ~ Deed Restricted Natural Area Exhibit 14A ! r;J:fflRl:ll{ll 735-Acre Crowley Property
:; College Station, Brazos County, Texas . @ Revised Proposed Mitigation ~ ~ ,..: Praj ect Numb er 1997004 76 ,,...
> Applicant Mr. Tim Crowley Sheet 6 of 6
Zo ~ D ent: PBS&J ecember 2003 ....... ------------------------~~~~--~~~~~--~
0 n
.,,, CITY OF Coll.EGE ~T~'A~:r~1o:N~~:_:=:=::.....----------•-Plannmr 0-Dewlopment Swvica r • .....___ .... _______ --·-·---
1101 Texas Avenue, P.O. Box 9960
College Station, Texas 77842
Phone 979.764.3570 /Fax 979.764.3496
MEMORANDUM
September 12, 2006
TO: DDH Investments Via fax 690.1041
FROM: Jennifer Reeves, Project Manager
SUBJECT: CASTLEROCK PH.1A (FP) -Final Plat
Staff reviewed the above-mentioned final plat as requested. The following page is a list of staff
review comments detailing items that need to be addressed. If all comments have been addressed and
the following information submitted by Monday September 18, 2006 by 10:00 a.m., your project will
be placed on the next available Planning and Zoning Commission meeting scheduled for October 5,
2006 at 7:00 p.m. in the City Hall Council Chambers, 1101 Texas Avenue.
Two (2) 24"x36" copies of the revised final plat;
Fifteen (15) 11"xl7" copies of the revised final plat;
Parkland Dedic~tion must be submitted prior to the filing of the final plat;
One (1) Mylar original of the revised final plat; and
One (1) copy of the digital file of the final plat on diskette or e-mail to
sgriffin@cstx.gov and awelsh@cstx.gov.
Upon receipt of the required documents for the Planning & Zoning meeting, your project will be
considered formally filed with the City of College Station. Please note that if all comments have not
been addressed your project will not be scheduled for a Planning & Zoning Commission meeting.
Your project may be placed on a future agenda once all the revisions have been made and the
appropriate fees paid. Once your item has been scheduled for the P&Z meeting, the agenda and staff
report can be accessed at the fo llowing web site on Monday the week of the P&Z meeting.
http://www.cstx.gov/home/index.asp?page=2481.
If you have any questions or need additional information, please call me at 979.764.3570.
Attachments: Staff review comments
cc: Civil Development, Ltd -Joe Schultz, P.E. via fax 764.7759
Case file #06-00500192
NOTE: Any changes made to the plans, that have not been requested by the City of College Station, must be explained
in your next transmittal letter and "bubbled" on your plans. Any additional changes on these plans that have not
been pointed out to the City, will constitute a completely new review.
/
' / / ()
STAFF REVIEW COMMENTS NO. 1
Project: CASTLEROCK PH.1A (FP) -06-00500192
PLANNING
1. The construction documents and reports are still under review and may affect the
plat.
2. Please include the entire Phase 1 A in the vicinity map (Park Area).
3. Please identify all proposed utility easements on the plat.
4. Note 10 states that Common Areas will be maintained by HOA. How does this
relate to Greenbelts and Buffer Areas?
Reviewed by: Jennifer Reeves Date: September 11, 2006
ENGINEERING COMMENTS NO. 1
1. How does the approved CLOMR affect the floodplain in this area? Please show
on Plat.
2. It appears that with this and future phases you will be point discharging storm
water into the Conservation Easement. Please provide appropriate
documentation that TxDOT and Texas Wildlife and Fisheries has approved this
plan.
3. Submit TxDOT Driveway and Utility permits.
4. Off-site easements are required for utilities in this phase. Provide copy of blanket
easement if this area is included with the blanket easement in Castlegate, or
submit easement dedication sheet and required documents.
5. Subdivision is located in Sewer Impact Fee Area 97-01 (Spring Creek). Current
impact fees in this area are $349.55/LUE and are due at time of building permit.
Reviewed by: Carol Cotter Date: September 11 , 2006
ELECTRICAL COMMENTS REQUIRING IMMEDIATE ATTENTION
1. Developer provides temporary blanket easement for construction purposes.
2. Developer provides easements for electric infrastructure as installed for electric lines
(including street lights).
3. As per ongoing conversations with Civil Development, ltd., additional easements will
be required for electric infrastructure to be extended to this particular phase.
GENERAL ELECTRICAL COMMENTS
1. Developer installs conduit per city specs and design.
2. City will provide drawings for conduit installation.
3. Developer provides 30' of rigid or IMC conduit for riser poles. City installs riser.
4. Developer to intercept existing conduit at designated transformers and extend as
required.
If conduit does not exist at designated transformer, developer to furnish and install
conduit as shown on electrical layout.
5. Developer pours transformer pad(s) per city specs and design.
NOTE: Any changes made to the plans, that have not been requested by the City of College Station, must be explained
in your next transmittal letter and "bubbled" on your plans. Any additional changes on these plans that have not
been pointed out to the City, will constitute a completely new review. 2
n
6. Developer installs pull boxes & secondary pedestals as per city specs and design.(pull
boxes & secondary pedestals provided by the city).
7. Developer provides digital AutoCAD 2000 or later version of plat and/or site plan email
to bread@cstx.gov .
8. Developer provides load data for project.
To discuss any of the above electrical comments, please contact Brent Read at 979-
764-5026.
Reviewed by: Brent Read
2006
FIRE
1. No more than thirty (30) dwelling units on single access road.
Reviewed by: Steve Smith Date: 09/06/06
Sanitation
Date: September 8,
1. Need to show a temporary turn-around at the south end of Rocky Creek Trail.
Reviewed by: Wally Urrutia
2006
Date: September 8,
NOTE: Any changes made to the plans, that have not been requested by the City of College Station, must be explained
in your next transmittal letter and "bubbled" on your plans. Any additional changes on these plans that have not
been pointed out to the City, will constitute a completely new review. 3
n
CnY OF COLLEGE STATION
Pllmninx 0-DeHloJmUnl Sn'llica •
1101 Texas Avenue, P.O. Box 9960
College Station, Texas 77842
Phone 979.764.3570 / Fax 979.764.3496
MEMORANDUM
September 20, 2006
TO: DDH Investments Via fax 690.1041
FROM: Carol Cotter, Project Engineer
.... .•
SUBJECT: CASTLEROCK PH.1A (FP) -Final Plat -Construction Documents
Staff reviewed the above-mentioned final plat construction documents as requested. The following
page is a list of staff review comments detailing items that need to be addressed.
__ One (1) revised set of construction documents
If you have any questions or need additional information, please call me at 979.764.3570.
http://www.cstx.gov/home/index.asp?page=2481.
Attachments: Staff review comments
cc: Civil Development, Ltd -Joe Schultz, P.E. via fax 764.7759
Case file #06-00500192
,,,,
() ()
ENGINEERING COMMENTS NO. 2
1. Why are the street intersections/connections with Castlerock Parkway not shown
in the profiles? (Stone Shadow Trail, Rock Bend Drive, Rolling Stone Drive)
2. How will you insure that the drainage will not undercut the roadbed on Stone
Shadow Trail, Rock Bend Drive, Rolling Stone Drive, and south end of Rocky
Creek Trail?
3. Indicate limits of structural backfill on Storm Pipe 2P3.
4. Please insure that where there is a change in pipe diameter, the soffit of smaller
upstream pipe shall at least match the soffit of the larger pipe.
5. What is happening at the outlet of Pipe 5P4? What is the grading from roadway
to drainage channel 2?
6. Provide protection from erosion on drainage channel over sanitary sewer line
where cover is proposed at 2'. (S-1)
7. Provide cross-section of drainage channels. Do you have enough rip-rap at
outfall to Channel No. 1 to reduce the velocity to acceptable range for seeded
grass surface treatment?
8. The storm collection system will be considered private south of where street
pavement ends.
9. Please confirm that the TXU gas line is not high pressure. If it is high pressure
show approximate depth. (W-1)
Reviewed by: Carol Cotter Date: September 19, 2006
./
From:
To:
Date:
Subject:
Alan,
Bob Mosley
Alan Gibbs
9/29/200610:41 :51 AM
Fwd: Arrington and Decatur Roads -TXDOT Cons Esmt
This sounds like addition discussion material to discuss with Legal for the meeting.
>» "Kevin Sullivan" <KSullivan@walterpmoore.com> 9/28/2006 5:35 pm >»
«Exhibit 1.pdf» «Exhibit 2.pdf» «Exhibit 4.pdf» «Exhibit
5.pdf»
John,
Thank you for meeting with us last week. We have looked thoroughly at
our options to eliminate any fill within TXDOT's conservation easement
adjacent to the above referenced project. To accomplish this it is our
intent -along the conservation easement -to move the sidewalk against
the curb, drop the edge of the sidewalk 3 feet, and slope the embankment
1: 1 with geog rids to reinforce the soil (please see Exhibit 1 attached).
There will be neither fill nor any construction activity in the
conservation easement for this scope of work.
Also, we propose to cross the conservation easement with a shared use
bike path at the east corner nearest the roundabout (please see Exhibit
2). Exhibit "D", paragraph 2 of the conservation easement states the
grantor has the opportunity to establish "public utilization of minimal
impact hike and bike trails, consisting primarily of a natural permeable
material allowing for natural drainage conditions." We plan to build
this small portion of the bike path with natural permeable material at
the existing grade. The Right of Way (ROW) for Arrington Road will have
to be shifted in this area (please see Exhibit 4). It does not appear
concurrence from U.S. Fish and Wildlife is required for this scope of
work.
Finally, we propose to improve the eastern stream bed at the downstream
section of the conservation easement (a portion of Spring Creek) to
maintain the natural water channel and prevent erosion from the ultimate
development of the surrounding property (please see Exhibit 5). We have
studied this area hydraulically and concluded that failing to improve
the natural water channel could cause serious soil erosion and bring
about drastically different drainage patterns once the surrounding areas
are developed. Exhibit "D", paragraph 11 of the conservation easement
states it is permissible to construct structures "for the purpose of
metering water into and out of the Property to prevent erosion and
assist in maintaining the native character and configuration of the
natural water channel." Paragraph 1 also states that it is permissible
to "enhance the maintenance of the Property predominantly in its natural
condition and contribute to the protection of environmental systems."
This is precisely our intent. It does not appear concurrence from U.S.
Fish and Wildlife is required for this scope of work.
Please accept our proposals for construction activities related to the
TXDOT conservation easements. These proposals have been sent to the City
of College Station as well. Feel free to contact me should you have any
questions or concerns.
I have mailed hard copies of th ese documents as well as the conservation
easement to your office today.
Thanks,
Kevin P. Sullivan
Houston Civil Engineering Services
WALTER P MOORE
Walter P. Moore and Associates, Inc.
3131 Eastside, Second Floor
Houston, Texas 77098
713.630.7330
713.630.7394 fax
ksullivan@walterpmoore.com
www.walterpmoore.com <http://www.walterpmoore.com/>
The contents of this e-mail and any attachment(s) are confidential and
the property of Walter P. Moore and Associates, Inc
---
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Navasota Ladiesr Tresses Conservation Easement
Legend
1995, 1999, 2003 NLT Plants * 2005 t\JL T Plants
• 2006 Spiranthes Rosettes
--Tributaries
-Spring Creek
D Conservation Easement
825 1, 100 ----=======----=====::::J Fe•
Site Surveys Consolidated
Map By: Courtney Ratheal
Texas A&M University
Rangeland Ecology & Management
12April 2006
From:
To:
Date:
Subject:
Carla,
Alan Gibbs
Robinson, Carla
9/29/2006 1:15:01 PM
Easement Questions
I plan to meet with you at 2:00 and wanted to define the questions here as well.
Conservation Easements (by Crowley Tract north of Hwy 40):
There are two conservation easements in this vicinity. One (green highlight) is a US Corps of Engr
requirement under their 404 permit for the to mitigate for the impacts on Navasota Ladies Tresses plants
associated with the construction of Hwy 40. This is overseen by TxDOT and US Fish and Wildlife. The
second (pink highlight) is a deed restricted natural area to mitigate for the impacts on Navasota Ladies
Tresses plants as well but for the construction associated with Castlegate, etc on Crowley's tract. We
have proposed CIP projects and private projects abutting the easements that are discharging storm water
into the easements in possibly erosive manners. Should these discharges require consent from
TxDOT and US Fish and Wildlife? To date we have required consent where there appeared to be a
erosive concern or encroachment. The CIP project involving Arrington/Decatur has undergone a redesign
to accommodate. Wallace Phillip's design engineer Joe Schultz has responded that no additional
approval was necessary.
Radikor Perscriptive Sewer Easement: This is more straight forward. As you will see on the exhibit,
the developer proposes to reconstruct a section of public sewer that only has an easement by
perscription. The proposed line will be the same size, should actually carry a lesser flow, and would be in
the same location on horizontal alignment. We are told one of the lots with and being served by the
perscription is a Baptist Student office and they may object to the development or atleast selling their lot.
Is the perscriptive easement adequate for the described use or is a specific PUE dedication
required? Also, this sewer line construction is proposed to be included within an economic development
agreement so that the City may be paying for this construction being performed by the developer.
Alan Gibbs, P.E.
City of College Station
Sr. Asst. City Engineer, Public Works
CC: Mosley, Bob
.ILrw@J ().}j -o-j.Q fl;U/ tiW a --
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~
Castlerock Subdivision, Phase l A-Final Plat
Res ponse to Staff Review Comments No. 1 (dated 9/12/2006)
Pla1111illg
~ /3. /(
Noted.
Vicinity map has been corrected.
All utility easements have been labeled on the plat.
All "Greenbelt" or "Buffer Area" labels have been changed to read "Common Area"
so that Note 10 makes sense.
Engineering
1. The CLOMR floodplain has been added to this map, and it is almost identical to the
FEMA FIRM line in this area.
2. The Conservation Easement was developed as a part of the Corps of Engineers
(COE) permitting process for the Crowley Tract and SH 40. All of the state and
federal agencies were involved in this process and the COE permit was approved
with regional detention at the downstream portion of the Crowley Tract, with the
runoff from the developed portions of the Crowley Tract and Castlegate flowing
through the Conservation Easement to the regional detention pond. The issue of
discharging into the Conservation Easement has already been resolved with the COE
permit, the granting of the Conservation Easement, and the dedication of the property
to the City of College Station by Tim Crowley, which specifically gives the upstream
landowners the right to allow their storm water to flow across the Conservation
Easement.
3. Permits will be submitted.
4. A blanket easement application will be submitted for the entire tract.
5. Noted.
/Electrical
fare
1. The application for the blanket easement will be provided.
2. Noted.
3. Easements have been added per the master plan file for electrical sent by Brent Read.
Some of the requested easements will be added in future phases, but will be covered
under the blanket easement for this phase.
1. There are 30 lots in this phase.
S a1titatio 1t
l . Rocky Creek Trail can serve as a turnaround, making a temporary turnaround
unnecessary.
Date:
To:
From:
Subject:
Remarks:
* C1VIL DEVELOPMENT, Ltd.*
CIVIL ENGINEERING & DESIGN-BUILD SERVICES
TRANSMITTAL
September 18, 2006
Jennifer Reeves
Development Services
City of College Station
Joe Schultz, P.E.~
Civil Developme · td.
P.O. Box 11929
College Station, Texas 77842
Phone: (979) 764-7743
Revised Final Plat
Castlerock Subdivision, Phase lA
College Station, Texas
Attached are 2 full -sized copies and 15-11x17 copies of the revised Final Plat
for Phase lA. The mylar original and digital file will be submitted once final
approval is given. Also attached are 5 copies of the TxDOT driveway permit,
2 copies each of the Engineer's Cost Estimate, the Water Report, and the
Sewer Report, and our response to staff review comments. The driveway
permit also addresses the utilities proposed for TxDOT rights-of-way.
Let me know if you need anything else or have any questions.
• . __. ..
-Public Notice
US Army Corps
of Engineers Applicant: Mr. Tim Crowley
Fort Worth District Permit Application No.: I 199700476
l.
Date: April 20, 2000
The purpose of this public notice is to inform you of a proposal for
work in which you might be interested. It is also to solicit your
comments and information to better enable us to make a reasonable
decision on factors affecting the public interest. We hope you will
participate in this process.
Regulatory Program Since its early history, the U.S. Army Corps of Engineers has played
an important role in the development of the nation's water resources.
Originally, this involved constructi'on of harbor fortifications and
coastal defenses. Later duties included the improvement of
waterways to provide avenues of commerce. An important part of
our mission today is the protection of the nation's waterways through
the administration of the U.S. Army Corps of Engineers Regulatory
Program.
Section 10
Section 404
Contact
The U.S. Army Corps of Engineers is directed by Congress under
Section 10 of the Rivers and Harbors of 1899 (33 USC 403) to
regulate all work or structures in or affecting the course, condition
or capacity of navigable waters of the United States. The intent of
this law is to protect the navigable capacity of waters important to
interstate commerce.
The U.S. Army Corps of Engineers is directed by Congress under
Section 404 of the Clean Water Act (33 USC 1344) to regulate the
discharge of dredged and fill material into all waters of the United
States, including wetlands. The intent of the law is to protect the
nation's waters from the indiscriminate discharge of material capable
of causing pollution and to restore and maintain their chemical,
~~~,,""· ~R-physical and biological integrity.
9l>J' . "' 7;l(3 {;f"e,,"'~ BRYAN OISTRICf '!YI;,;._
J..;, BRYAN, TEXAS N "' _..;;;B;..:a=r..;:.r..._y.....;G""'.'-O=sb~o=r;...::;n=--------------
MAY (J ~ 2000 Phon Number: (817) 978-3354
·'
~\ ..
JOINT PUBLIC NOTICE
U.S. ARMY CORPS OF ENGINEERS, FORT WORTH DISTRlCT
AND
l . TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
SUBJECT: Application for a Department of the Army Pennit under Section 404 of the Clean
Water Act (CW A) and for water quality certification under Section 401 of the CW A to discharge
dredged and fill material into waters of the United States associated with the construction of a
mixed-use development in College Station, Brazos County, Texas.
APPLICANT: Mr. Tim Crowley ..
Crowley Development Corporation
Chevron Tower
1301 McKinney Street, Suite 3500
Houston, Texas 77010
APPLICATION NUMBER: 199700476
DA TE ISSUED: April 10, 2000
LOCATION: The 735 acre project site is located southwest of the intersection of Highway 6 and
Greens Prairie Road, along Spring Creek and associated unnamed tributaries, at the southern
edge of the,city of College Station, Brazos County, Texas. The pennit area is near UTM
coordinates 762282.50 East and 3383523.97 North (Zone 14) on the Wellborn 7.5-minute USGS
quadrangle map in the USGS Hydrologic Unit 12070103.
OTHER AGENCY AUTHORIZATIONS: State Water Quality Certification
PROJECT DESCRIPTION: The proposed project involves the construction of a mixed
development including single and multi-family residential, commercial, institutional, and
recreational uses, with integrated nature preserves, green spaces, pedestrian and bicycle
pathways, and stormwater detention facilities (sheets 1-12of12). The construction would result
in the discharge of approximately 5,250 cubic yards of material impacting approximately 5.89
acres of waters of the United States, including wetlands. Of the 5.89 acres of waters of the
United States potentially impacted, approximately 3.13 acres of impacts are associated with
Spring Creek and associated tributaries while 2.76 acres are associated with impacts to wetlands
(sheet 3 of 12). The proposed work would affect approximately 7,200 feet of creek channel
through filling, channelizing, and impounding. Channelization of Spring Creek would involve
the construction of an earthen channel 30 feet wide at the bottom. Box culverts would be utilized
at road crossings and allow for movement of aquatic organisms. A small impoundment (0.05
acre) would be created on tributary 2 (sheet 6 of 12). The existing impoundment located on
;~~ ..
'"tributary 4 (sheet 5 qf 12) would be modified with a flow-restrictor culvert to provide on-site
detention. The 1.56-acre reduction in size of this pond was included in the calculation of
potentially impacted waters of the United States even though the area may retain characteristics
of waters of the United States. Wetland impacts occur throughout the project site and vary from
0.02 acre to 0.69 acre (sheet 3 of 12).
} .
The applicant has modified the original proposal to reduce adverse impacts to waters of the
United States to approximately 50% of the total acreage of waters of the United States on the
project site. To compensate for adverse impacts to waters of the United States, including
wetlands, the applicant proposes to preserve, in perpetuity, a total of approximately 33 acres of
the property, including existing wetlands and riparian areas. An additional 38.06 acres are
proposed to be preserved as a Conservation Reserve (CR) for impacts to the endangered
Navasota ladies'-tresses (Spiranthes parksii) (see section on "THREATENED AND
ENDANGERED SPECIES" below for further discussion of impacts to threatened and
endangered species). The total area preserved as mitigation would include approximately 71.06
acres.
PUBLIC INTEREST REVIEW FACTORS: This application will be reviewed in accordance
with 33 CFR 320-330, the Regulatory Program of the U. S. Ai-my Corps of Engineers (USACE),
and other pertinent laws, regulations, and executive orders. Our evaluation will also follow the
guidelines published by the U.S. Environmental Protection Agency pursuant tb Section
404(b )( 1) of the CW A. The decision whether to issue a permit will be based on an evaluation of
the probable impact, including cumulative impact, of the proposed activity on the public interest.
That decision will reflect the national concerns for both protection and utilization of important
resources. The benefits which reasonably may be expected to. accrue from the proposal must be
balanced against its reasonably foreseeable detriments. All factors which may be relevant to the
proposal will be considered, including its cumulative effects. Among the factors addressed are
conservation, econpmics, aesthetics, general environmental concerns, wetlands, historic
properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore .
erosion and accretion, recreation, water supply and conservation, water quality, energy needs,
safety, food and fiber production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people.
The USACE is soliciting comments from the public; federal, state, and local agencies and
officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts
of this proposed activity. Any comments received will be considered by the USACE in
determining whether to issue, issue with modifications, or conditions, or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on endangered species,
historic properties, water quality, general environmental effects, and the other public interest
factors listed above. Comments are used in the preparation of an Environmental Assessment
and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.
Comments are also used to determine the need for a public hearing and to determine the overall ,
public interest of the proposed activity.
2
:~'.•.
STATE WATER.QUALITY CERTIFICATION: Texas Natural Resource Conservation
Commission (TNRCC) certification is required. Concurrent with the processing of this
Department of the Army application, the TNRCC is reviewing this application under Section 401
of the Clean Water Act, and Title 31, Texas Administrative Code Section 279.1-.13 to determine
if the work would comply with State water quality standards. By virtue of an agreement between
the USACE and the TNRCC, this public notice is also issued for the purpose of advising all /, known interested persons that there is pending before the TNRCC a decision on water quality
certification under such authorities. Any comments concerning the application for water
quality certification must be submitted to the Executive Director, Attention: 401
Coordinator, Standards and Assessment Section, Water Quality Division, Texas Natural
Resource Conservation Commission, Mail Code 150, 12100 Park 35 Circle, P.O. Box 13087,
Capitol Station, Austin, Texas 78711-3087. The public comment period extends 30 days from
the date of publication of this notice. A copy of the public notice with a description of work is
made available for review in the TNRCC's Austin Office. The complete application may be
reviewed in the USACE's office. The TNRCC may conduct a public hearing to consider all
comments concerning water quality if requested in writing. A request for a public hearing must
contain the following information: the name, mailing address, application number, or other
recognizable reference to the application; a brief description of the interest of the requestor, or of
persons represented by the requester; and a brief description of how the application, if granted,
would adversely affect such interest.
THREATENED AND ENDANGERED SPECIES: The USACE has reviewed the U.S. Fish and
Wildlife Service's (USFWS) latest published version of threatened and endangered species to
determine if any may occur in the project area. The proposed project would be located within
the migratory route of the whooping crane (Grus americana) and the piping plover (Charadrius
melodus). The bald eagle (Haliaeetus leucocephalus) and the Navasota ladies'-tresses
(Spiranthes parksii) are known to occur in Brazos County. Each of these is an endangered
species. Our initial review indicates that the proposed work would have no effect on threatened
or endangered species except for the Navasota ladies' -tresses.
Navasota ladies' -tresses do occur on the project site and may be affected by the project.
Navasota ladies' -tresses may also be affected by the proposed construction, by the Texas
Department of Transportation (TXDOT), of State Highway 40 through the applicant's property.
The USACE and the applicant are coordinating with the USFWS and the TXDOT concerning the
potential construction of SH 40 from FM 2154 to North Graham Road. The proposed
Conservation Reserve (discussed above under Project Description) may compensate for impacts
of this project on the Navasota ladies'-tresses, and potentially on the impacts of SH 40. The
USACE will conduct formal consultation on the Navasota ladies'-tresses with the USFWS and
will comply with the requirements of Section 7 of the Endangered Species Act in the processing
of this permit application.
3
. NATIONAL REGISTER OF HISTORIC PLACES: The USACE has reviewed the latest .
complete published version of the National Register of Historic Places and found no listed
properties to be in the project area. However, presently unknown scientific, archaeological,
cultural or architectural data may be lost or destroyed by the proposed work under the requested
pennit.
!.
SOLICITATION OF COMMENTS: The public notice is being distributed to all known
interested persons in order to assist in developing fact upon which a decision by the USACE may
be based. For accuracy and completeness of the record, all data in support of or in opposition to
the proposed work should be submitted in writing setting forth sufficient detail to furnish a clear
understanding of the reasons for support or opposition ..
PUBLIC HEARING: Prior to the close of the comment period any person may make a written
request for a public hearing setting forth the particular reasons for the request. The District
Engineer will determine whether the issues raised are substantial and should be considered in his
pennit decision. If a public hearing is warranted, all known interested persons will be notified of
the time, date, and location.
CLOSE OF COMMENT PERIOD: All comments pertaining to this Public Notice must reach
this office on or before May 20, 2000, which is the close of the comment period. Extensions of
the comment period may be granted for valid reasons provided a written request is received by
the limiting date. If no comments are received by that date, it will be considered that there are no
objections. Comments and requests for additional information should be submitted to Mr. Barry
Osborn; Regulatory Branch, CESWF-EV-R; U. S. Army Corps of Engineers; Post Office Box
17300; Fort Worth, Texas 76102-0300. You may visit the Regulatory Branch in Room 3A37 of
the Federal Building at 819 Taylor Street in Fort Worth between 8:00 A.M. and 3:30 P.M.,
Monday through Friday. Telephone inquiries should be directed to (817)978-2681. Please note
that names and add,resses of those who submit comments in response to this public notice may be
made publicly available.
DISTRICT ENGINEER
FORT WORTH DISTRICT
CORPS OF ENGINEERS
4
LOCATION
PURPOSE1
The purpose of this project Is to creote o mixed use
development to Include slnole and multl-foml ly
residential uses, conmerclal uses, Institutional
uses, and recreational uses, as wel I as lnteoroted
E A R
Project Number 19970041
Sheet 1 of 12
E c H
A "t"qco INTERNATIONAL LTD. COMPANY
nature preserves ond storm water detention foci l ltles.1---------------------------
SUBM I TTEO BY1
IJA. TIU CROWLEY
CROWLEY OEVELOPUENT CORPORATION
CHEVRON TOWER
1)01 UCKINN(Y. SUITE )500
HOUSTON, TEXAS 77010
AUGUST, 1999
LJA PROJECT NO. ~591-9611
EARTH TECH PROJECT NO. lo.1010
SITE1 735-ACRE CROWLEY TRACT
LOCATION1 COLLEGE STATION
COUNTY• BRAZOS COUNTY, TEXAS
GENERAL LOCATION MAP
f !-
LOCATION
PURPOSE a
The purpose of this project Is to creote o mixed use
development to Include slnQle ond rn.Jltl-foml ly
·resident lo I uses, corrmerclol uses, lnstltutlonol
uses, ond recreotlonol uses, os well os lnteQroted
E
Project Numb.er 199700476
H Sheet 2of12
A R E c H
A 'fqco INTERNATIONAL L TO. COMPANY nature preserves ond storm water detention foci I ltles .. 1--~~~~~~~~~~~~~~~~~~~~~~~~--;
SU8M I TTEO BY1
UR. TIU CROWLEY
CROWLEY DEVELOPMENT CORPORATION
CHEVRON TOWER
1301 MCKINNEY, SUITE 3500
HOUSTON, TEXAS 77010
AUGUST, 1999
SITE1 735-ACRE CROWLEY TRACT
LOCATION1 COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TEXAS
LJA PROJECT NO. ~591-9811
EARTH TECH PROJECT N0.10~010 USGS TOPOGRAPH I c MAP
-:-... ~. .. . --~~-~~~-T4~~~l~~~~~~i~~ ~~· · . : · · ' . _ .R91?.QSEP~GrSil:.O,.\Y •. 6.;p:RS~9F.i:~.$.Uif,ES-,t_ll'iGLUPIN.~;~~S~~
AREA I ·oN-SITE ACREAGE ... IMPACT TYPE OF IMPACT
.•. WETLANDS
A 0.48 0.48 acre fill
B 0.69 0.69 acre fill
c 0.18 0.18 acre excavation I
D 0.02 0.02 acre I fill -
E 0.18 0.18 acre fill
F 0.19 0.19 acre excavation
G 0.12 no impact no impact
H 0.65 no impact no impact
I 0.01 no impact no impact
] 0.08 no impact no impact
K 0.20 0.20 acre fill
L 0.04 0.04 acre fill
M 0.45 0.45 acre draining
N 0.33 0.33 acre draining
Total Wetlands 3.62 Total Wetland Impacts: 2.76 1.61 acres fill, 0.37 acre excavation, 0.78 acre
draining
WATERS OF THE UNITED STATES, EXCLUDfNG WETLANDS
Spring Creek 2.35 0.85 acre 0.71 acres fill, 0.14 acre draining
Tributary 1 0.39 0.44 acre 0.39 acres fill on-site, 0.05 acres fill off-site to
realign tributary
--
Tributary 2 0.59 0.14acre .09 acres fill, 0.05 acres-impoundment
Tributary 3 0.12 no impact no impact
Tributary 4 2.06 0.12 acre 0.09 acre fill , 0.03 acre temporary excavation
Tributary 5 0.24 0.02 acre 0.017 acre fill, 0.004 acre temporary excavation
Impoundment 1 2.47 1.56 acre draining
Total Waters, 8.22 Total Waters Impacts: 3.13 1.35 acres fill, 1.70 acres drained, 0.05 acres
excluding impoundment, 0.03 acre temporary excavation
wetlands
Total Waters, 11.84 . TOTALll\1PACTS: 2.96 acre.s fill, 0.3 7 acres excavation, 2.48 acre$
including 5.89 ACRES draining, 0.05 acres impoundment, 0.03 acre
wetlands -· . temporary excavation
The impacts listed on Table 1 are illustrated on sheets 4 through 8.
ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE
Project Number 1997004
Sheet 3 of 12
LEGEND
WATERS OF THE UNITED STATES
ADJACENT WETLANDS
t'NATERS OF THE UNITED STATES)·
LOCATION ------PROJECT BOUNDARY LI NE
0 o. 25
- - - - -INSET BOUNDARY LINE
SCALE IN "41LES
BASE MAP SOURCE• WETLAND DELINEATION EXHIBIT, ·PREL1"41NARY OETERMINATION OF THE WATERS OF THE UNITED
STATES ANO WETLANDS OF THE APPROXl!.IATELY 735-ACRE CROWLEY TRACT,• AUGUST 1997. VERIFIED
BY THE USAGE ON FEBRUARY 18, 1998, PROJECT NUMBER 1997004 76.
PURPOS£1
The purpose of this project Is to creote o mixed use
development to Include sln91e ond multl-fomlly
residential uses, comnerclol uses, lnstltutlonol
E A
'·' l .,., .~ .. -•• ---... ·-----------
Project Number 199700476
Sheet 4of12 :. ~ " ;.: .· .. , uses, and recreot I ono I uses, os we I I os I nte9roted A rqco.IN.T.c,ER.._ ___________ _.
nature preserves and storm water detent ion foci i ltles.1-------------------------1
SUBMI TTEO BY•
MR. TIU CROWLEY
CROWLEY OEVELOPUENT CORPORATION
CHEVRON TOWER
!JOI MCKINNEY, SUITE 3500
HOUSTON, TEXAS 77010
AUGUST, 1999
LJA PROJ(CT NO. ~59'-9811
EARTH TECH PROJECT NO. 1~010
SIT£1 735-ACRE CROWLEY TRACT
LOCATION1 COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TEXAS
EXISTING CONDITIONS
SITE OVERVIEW MAP
INSET B
<EXHIBIT Bl
\'' I:·
0
LOCATION
500'
SCALE IN FEET
LEGEND
~ WATERS OF THE UNITED STATES
~.$).
m 1
WATERS OF THE UNITED STATES
TO BE I LIP ACTED
WETLANDS TO REl.lAIN
WETLANDS TO BE ILIPACTED
-----PROJECT BOUNDARY LI NE
- - - -INSET BOUNDARY LI NE
----SANITARY SEWER
z <.:> 0
BASE MAP SOURCE• WETLAND DELINEATION EXHIBIT, 'PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED STATES AND WETLANDS OF THE APPROXl~ATELY 735-ACRE CROWLEY TRACT,• AUGUST 1997. VERIFIE BY THE USACE ON FEBRUARY 18, 1998, PROJECT NUMBER 199700476.
The purpose of this project Is to create o mixed use
development to Include sln9le and multi-family
residential uses, comnerclol uses, Institutional
'· E A R T :-Project Number 199700476 I : Sheet 5 of 12
~ uses, and recreot I ono I uses, as we I I as I nte9roted A 'fqcQJ.1:11..------------
~ nature preserves and storm water detention foci I ltles.1-----------------------
~ SUBMITTED BYt SITE• 735-ACRE CROWLEY TRACT
-UR. T It.I CROWLEY ~ CROWLEY DEVELOPMENT CORPORATION ~ CHEVRON TOWER ~ 1301 MC~INNEY, SUITE 3500 ~ MOUSTONa TEXAS 77010
AUCUS T, I 999
LJA PROJ£CT NO. ~591·9811·
EARTH TECH PROJECT NO. 1~010
LOCATION• COLLEGE STATION
COUNTY• BRAZOS COUNTY, TEXAS
PROPOSED CONDITIONS
INSET A
! c
LOCATION
0 500'
SCALE IN FEET
LEGEND
=-::. WATERS Of' THE UNITED STATES
WATERS Of' THE UNITED STATES
TO BE ll.IPACTED
~ WETLANDS TO REUAIN
~I WETLANDS TO BE ll.IPACTED
-----PROJECT BOUNOARY LINE
---- -INSET BOUNDARY LINE
----•SANITARY SEWER
BASE MAP SOURCE• WETLAND DELINEATION EXHIBIT, "PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED STATES ANO WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT," AUGUST 1997. VERIF IED BY THE USACE ON FEBRUARY 18, 1998, PROJECT NUMBER 1997004 76. o1-------------------------.----------------------1 5 PURPOSE• . -:-...---
' ' • )
The purpose of this project Is to create o mixed use
development to. Include slnQle and m.Jltl-fomlly ·
res I dent I a I uses, comnerc Io I uses, Inst I tut I ono I
uses, and recreotlonol uses, as wel I as lnteQroted
E A R Project Number 199700476
Sheet 6of12
A t-qcD·lN'-----------.... nature preserves and storm water detent I on foe I I It I es.1---------""------------------1
SUBMITTED BY1
t.IR. T It.I CROWLEY
, CROWLEY DEVELOPMENT CORPORATION
CHEVRON TOWER
1301 UCKINNEY, SUITE 3500
HOUSTON, TEXAS 770 10
AUGUST, 1999
LJA PROJECT HO. ~591·9811
E.l.RTH TECH PROJECT NO. IO~OtO
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TEXAS
PROPOSED CONDITIONS INSET 8
z Cl 0
INSET 0
( EXHIBIT I 0 l
..
' f .. :
I ?-.. ,
I . (
LOCATION
0 500'
SCALE IN FEET
= ::
~I
LEGEND
WATERS OF THE UNITED STATES
WATERS OF THE UNITED STATES
TO BE llAPACTEO
WETLANDS TO REUAIN ~~ -WETLANDS TO BE ll.IPACTED
-----PROJECT BOUNDARY LI NE
INSET BOUNDARY LINE
PROPOSED DRAINAGE CHANNEL
---SANITARY SEWER
BASE MAP SOURCE1 WETLAND DELINEATION EXHIBIT, "PRELIMINAR~ DETERMINATION OF THE WATERS OF THE UNITED STATES ANO WETLANDS OF THE APPROXIMATELY 735 -ACRE CROWLEY TRACT,' AUGUST 1997. VERIFIEC BY THE USACE ON FEBRUARY 18, 1998, PROJECT NUMBER 199700476. !---------------------------.-----------------'------~ PURPOSE1 ~ The purpose of this project Is to create o mixed use
Bi development to Include sln<Jle and ~ltl-fcrnl ly u / resldentlol uses, comnerclol uses, lnstltutlonol
E A R W project Number 19970047E
Sheet 7 of 12
;;; uses, and recreot I ono I uses, as we I I as I nte<Jroted A ~qco /NrE.4m'l"r"J'l'm!~'!"!"~~.,,.,,....--
':' notur"e preser"ves and storm water detention foci l ltles.1-----------------------~ SUB~ITTED BYs .... -LIA. TIU CROWLEY
~ CROWLEY DEVELOPMENT CORPORATION
0 -,
0 a: a..
/
CHEVRON TOWER
1301 UC~INNEY, SUITE 3500
HOUSTON. TEXAS 77010
AUCUS T, I 999
LJA PROJECT HO. ~591-9811
EARTH TECH PROJECT NO. 1~010
SITEa 735-ACRE CROWLEY TRACT
LOCATION1 COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TEXAS
PROPOSED CONDITIONS
INSET C
z u 0
LOCATION
0 500'
SCALE IN FEET
LEGEND
~== WATERS OF THE UNITED STATES
~I WATERS OF THE UNITED STATES TO BE lt.IPACTEO
~}/."/,' ~~(~ WETLANDS TO REMAIN
~I wETLANOS TO BE IUPACTED
-----PROJECT BOUNDARY LINE
- -----INSET BOUNDARY LINE
PROPOSED .DRAINAGE CHANNE L
----SANITARY SEWER
BASE MAP SOURCE• WETLAND DELINEATION EXHIBIT, 'PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED
STATES ANO WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT,' AUGUST 1997. VER IFIED
BY THE USACE ON FEBRUARY 18, 1998, PROJECT NUMBER 199700476. .
0 1------------------------.------------------------i ~ PURPOSE•
a: 0. "' u
The purpose of this project Is to create o mixed use [ A
/
development "to Include sln<;ile and rrultl-fcrnlly R ,J ; TH· ProjectNumber199700476
_ residential uses, conmerclol uses, lnstltutlonol Sheet8of12
~ uses, and recreot I ono I uses, as we I I as I nte<;iroted A t-q_qg_fN.T·tL.------------'
:.. nature preserves end storm water detent I on foe I I It I es.1--------------------'----i
"' "' ... -
>< VI
0 -,
0 0::
0.
/
SUBM ITTED BY1
MR. T II.I CROWLEY
CROWLEY OEVELOPUENT CORPORATION
CHEVRON TOWER
1301 UC~INNEY, SUITE 3500
HOUSTON, TEXAS 77010
AUGUST, I 999
LJA PROJECT NO. ~591 ·9811
EARTH TECH PROJECT NO, 1~010
SIT£1 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TEXAS
PROPOSED CONDITIONS INSET D
•.:•.
290
285
280
275
270
265
260
255
250
LOCATION
SCALEt I' • I oo· HOR.
I"• 10' .. VER.
0•00 . I +00 2+00 3+00 4+00
LEGEND
L:>.><d PROPOSED FILL
~-PROPOSED EXCAVATION -FILL BELOW NORMAL HIGH WATER MARK
NOTEt THIS EXHIBIT ILLUSTRATES A CROSS SECTION OF PROPOSED INFRASTRUCTURE IMPROVEMENTS ALONG SPRING CREEK. THIS CREEK. AS WELL AS TRIBUTARY I ANO A PORTION OF TRIBUTARY 2 ARE PROPOSED TO BE CHANNELIZED FOR THE PURPOSE OF CONVEYING STORMWATER DRAINAGE OFF THIS SITE. THIS REPRESENTS a A TYPICAL CROSS SECTION ALONG THESE AREAS PROPOSED FOR CHANNELIZATION.
0
c:i u PURPOSEs ~ The pur-pose of this project ts to create o mixed use
S development to Include slnQle and multl·f()'Tll ly E A R T . ~
; residential uses, corrmerclat uses, Institutional i
; uses. and ~ec~eotlonol uses. as welt as lnteQrated A~''£:L7/NT
Project Number 19970047E
Sheet 9of12
':' noture preserves and storm water detent I on foe l_I It I es.1-------"'-·--=-:....:-·:....:-:....:· --------------"' "' ....
>< .,,
0 ...,
0 a: Q.
SUBM I TTEO BY1
IS!. TIU CROWLEY
CROWLEY DEVELOPMENT CORPORATION
CHEVRON TOWER
1301 YCKINNEY, SUITE 3500
••l'\ll('T/U.I TC'VAC: 77n1n
AUGUST, 1999
LJA PROJ€CT HO. ~59l-9811
c lDTU Tcr .. oon.ti:'rT NO. 10.COIO
SITE1 735 -ACRE CROWLEY TRACT
LOCATION1 COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TEXAS
TYPICAL CROSS SECTION
l.HANNE L 17ATION OF CREEK
285
280
275
270
265
260
255
250
0•00
TEXAS
*
LOCATION
SCALE1 I" •100' .HOR.
I"• 10' VER.
IUr--
-..:,.·.: :-·.· ........ ··· -·:-· .. ··.·:·::/
\ J
'\ v f\
I/
~~ ~~
I •00 2•00 3+00
!.
r_llATURl>I. GllOJllO
6 l(J'dTRC./J
4·+00
-
5+00
LEGEND
L/.~:.-: ... -Xi PROPOSED FI LL tm . PROPOSED EXCAVA T I ON
-
FILL BELOW NORMAL HIGH WATER MARK
G+oo
z 0 0
NOTE• THIS EXHIBIT ILLUSTRATES A CROSS SECTION OF A PROPOSED ROAD CROSSING OF SPRING CREEK. ALTHOUGH THE NUMBER OF BOX CULVERTS VARIES, THIS ILLUSTRATES A TYPICAL CROSS SECTION OF SEVERAL ROAD CROSSINGS PROPOSED FOR THIS DEVELOPMENT.
5 PURPOSE• ~ The purpose of this project ts to create a mixed use
5 development to Include slnQle ond rn.Jlt .1-fonl ly u
E
···--··~
A R T ..
/ residential ~ses, comnerclol uses, lnstltuttonol
Project Number 199700476
Sheet 10 of 12 ;; uses. and recreot Iona I uses. os we I I os I nteQrated A -t-qf::.p.(N ~ nature preserves and storm water detent I on foe I 1 It I es.L----..:..:..:~=.:..:~===========~L~ -~ SUBM I TTEO BY• ... _ IS!. TIU CROWLEY
~ CROwt.EY DEVELOPMENT CORPORATION
0 ..,
0 a: a..
/
CHEVRON TOWER
1)01 UC~INHEY, SUITE 3500
HOUSTON. TEXlS 77010
AUCUST, 1999
LJA PROJECT NO. ~591·9811
EARTH TECH PROJECT NO. 1(}1040
SITE• 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
COUNTY• BRAZOS COUNTY, T~X AS
TYPICAL CROSS SECTION
ROAD CROSSINl.
.~ .. :· .. 285
·.:•.
280
275 ... ,., __
----------270 -..;.,_, .....
265
260 1+00 0+00
285
280 I.HO
275
270
265
260 7+00 6•00
LOCATION
SCALE• I" •I 00' HOR.
I" •IO' VER.
2+00
8+00
\ ----
. 3+00 4+00 5+00
t ·tr~
9+00 10•00 I 1+00
LEGEND
L>-~:.-: <J. PROPOSED FI LL
~ PROPOSED EXCAVATION
-
FILL BELOW NOR~AL HIGH WATER l.CARK
z CJ 0
NOTE• THIS EXHIBIT ILLUSTRATES A CROSS SECTION OF PROPOSED FILL TO BE PLACED IN WETLAND AREAS A ANO B FOR THE PURPOSE OF ROAD CONSTRUCTION. THIS REPRESENTS A TYPICAL CROSS SECTION THROUGH WETLAND AREAS WHICH ARE PROPOSED TO BE FILLED.
d f-------------------------.,.---------------------~ ~ PURPOSE•
~ The pur-pose of this project Is to creote o mixed use
8 development to Include sln9te ond rn.Jltl-foml ly
~ resldentlol uses, comnerclol uses, lnstltutlonol
E A R H Project Number 199700_"17
Sheet 11 of 12 ·
~ uses, and recreatlonal uses. as wel I as lnteorated A t-qco/NT L..----------
..:. notur-e preserves ond storm wot er de tent I on foe I I It I es.1---------------------~
"' "' .., SUBM I TTEO 8Y1
-LR. T II.I CROWLEY
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CROWLEY DEVELOPMENT CORPORATION
CHEVRON TOWER
1301 UCKINNEY, SUITE 3500
111"\1 t~Tl\.u TCvac '77nrn
AUCUS T, I 999
LJA PROJECT NO. "4591-9811
~ &DTU TC("U e>on tC'r T wn lf\4ft'\ln
SITE1 735-ACRE CROWLEY TRACT
LOCATION1 COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TEXAS
TYPICAL CROSS SECTION
Fii I OF WETLAND AREAS
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28-1 38. 06 Ac. + Conservotlon Reserve Open Space
Ap_prox. 33. O Ac. • Deed Restricted Natural Area
.~
*
-LEGEND
~ -
WATERS OF THE UNITED STATES
.WETLANDS
(WA TEAS Of THE UNITED STA TESJ ,:
CONSERVATION RESERVE
DEED RESTRICTED NATURAL AREA
LOCATION PROJECT BOUNDARY LINE
0 1400'
SCALE IN FEET
BASE MAP SOURCE• WETLAND DELINEATION EXHIBIT, "PRELIMINARY DETERMINATION OF THE WATERS OF THE UNITED
STATES ANO WETLANDS OF THE APPROXIMATELY 735-ACRE ·CROWLEY TRACT,' AUGUST 1997. VERIFIED BY THE USAGE ON FEBRUARY 18, 1998, PROJECT NUMBER 199700476. er. > 1-------------------------.-------------------------1 ~ PURPOSE• S The pur-pose of this project Is to create o mixed use
~ development to Include slnQle and rn.Jltl-fonlly E A R Project Number 199700476
Sheet 12 ofl 2 ~ r.es I dent Io I uses, corrmerc Io I uses, Inst I tut I ono I
~ uses, and recreot I one I uses, as we I I as I nteQroted A 'f:qco INTE._ ___________ .,.
~ nature preserves and storm water detention foci I ltles.1----,------------------------1
N .... SUBM I nrn· .. BY1
-MR. T II.I CROWLEY'
"' 11'1
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/
CROWLEY DEVELOPMENT CORPORATION
CHEVRON TOWER
1301 IACKINN(Y, SUITE 3500
HOUSTON, TEXAS 77010
AUGUST, I 999
LJA PROJECT NO. ~591·9811
EARTH TECH PROJECT NO. IQ.4010
SITE1 735-ACRE CROWLEY TRACT
LOCATIONr COLLEGE STATION
COUNTY1 BRAZOS COUNTY, TEXAS
PROPOSED MITIGATION
AREAS
.1 Fi ied for Record in:
. 1'~auffY,.-------
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On: RJT 25,2001 at 02:32/JH
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1 1741551
20.80
eceipt Nu1b r -170943
By,
28-1 38. 06 Ac. Conser-votion Reser-ve Open Space ylvia Polan ky
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Ap_prox . 33. 0 Ac. • Deed Restricted Natura I Ar-ea
.,
LOCATION
1400'
~' -~ '.
SCALE IN FEET
....
' .;·~ ... :-··~
,·,
·.
LEGEND
WATERS OF THE UNITED Sl
WETLANDS
rNA TEAS OF THE UNITED STA TE
CONSERVATION RESERVE
OE£0 RESTRICTED NATURAL AREA
PROJECT BOUNDARY LINE
BASE MAP SOURCE1 WETLAND DELINEATION EXHIBIT, "PRELIMINARY DETERMINATION OF THE WATERS OF THE UNI STATES ANO WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT,· AUGUST 1997. \
BY THE USAGE ON FEBRUARY 18, 1998, PROJECT NUMBER 199700476.
A
PURPOSEa The pur-pose of this project Is to create a mixed use E R T H Project Number199i
Sheet 12of1 development to Include sln9le and multl-fomlly
resldentlal uses, conmerclal uses, lnstltutlonol
uses, and r-ecr-eattonal uses, as wel I as lnte9r-oted ArL/cL7!NTE ... .-.-.-.-.---------·
notur-e preserves ond stor-m water detention focllltles.1----~--~------~--------~----------~SITE• 735-ACRE CROWLEY TRACT
SUBM I TTEO BYa
UR. TIU CROWLEY .
·CROWLEY OEVELOPUENT CORPORATION
LOCATION1 COLLEGE STATION
rnrnJTYr RIH. 7(), ('{)llN TY. TF)(t.C::
..
0741551
COVENANTS, CONDITIONS AND RESTRICTIONS
DATE: April 1' ~ , 2001
OWNER: Timothy J. Crowley
OWNER'S MAILING ADDRESS: · 1301 McKinney, Suite 3500
Houston, Harris County, Texas 77010
PROPERTY: Being those tracts of land located in the City of College Station, Brazos County,
Texas, more particularly described on pages 1 through 5 of Exhibit "A" attached
hereto and incorporated herein by reference.
PREAMBLE:
A. Owner is the owner of Property and the Property is located in the general vicinity
depicted on page 6 of Exhibit "A"; and
B. Owner, in accordance with Permit Number 199700476 issued by the United
States Department of Army, Corps of Engineers under Section 404 of the Clean
Water Act, is required, as a condition of obtaining the aforementioned pennit, to
impose certain protective covenants, conditions and restrictions on the Property
to provide for mitigation of the impacts to waters of the United States, including
wetlands and as set forth below; and
DECLARATION:
NOW, THEREFORE, it is hereby declared (i) that all of the Property shall be held, sold,
conveyed and occupied subject to the following covenants, conditions and restrictions, which
shall run with the Property and which shall be binding on all parties having any right, title, or
interest in or to the Property or any part thereof, their heirs, successors, and assigns; and (ii)
that each contract or deed that may hereafter be executed with regard to the Property or any
portion thereof shall conclusively be held to have been executed, delivered and accepted
subject to the following covenants, conditions and restrictions regardless of whether or not the
same are set out or referred to in said contract or deed.
1. Restrictions on Use of Properly. Except as provided in Section 2 below, the Property
shall be maintained in its natural state as a stream riparian and wetland mitigation area.
Livestock grazing and mowing are not allowed on the Property.
2. Permitted Uses of the Properly. The Property may be used for the following purposes:
a. · Establishment and public utilization of hike and bike trails to be located along the
fringe of the Property, consisting primarily of a natural permeable material
allowing for natural drainage conditions to exist. In limited areas prone to erosion
or excessive maintenance or within fifty feet (50') of the perimeter of the Property,
concrete or other impermeable materials may be used to construct the trails.
Landscaping following trail installation/construction activities on the Property is
allowed. The hike and bike trail system may include water stations, lighting,
restrooms, picnic tables and rest areas. The hike and bike trail may cross Spring
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0741551
Creek and the associated tributaries located on the Property and such crossings
may require the construction of bridges or culverts. The understory on the
Property may be removed in selected areas near the hike and bike trail to
accommodate the water stations, lighting, restrooms and rest areas. Herbicides
and pesticides may be applied immediately adjacent to the trails.
b. Installation of temporary and/or permanent protective fences.
I
c.
d.
Installation of guide, warning, prohibited access and other signs related to the
hike and bike trails.
Exploration for or extraction of oil, gas and other minerals below the surface of
the Property; provided such exploration or extraction does not utilize or disturb
the surface of the Property.
e. Installation and maintenance of a sanitary sewer line crossing the Property. An
easement will be maintained along the sanitary sewer line for access and repair
of the line.
f. Exercise of the rights under any easements or rights of way of record in the office
• of the County Clerk of Brazos County, Texas.
3. Permitted Exceptions. These restrictions are made subject to any and all matters,
ordinances, restrictions, covenants, conditions, encumbrances, rights of way, easements and all
outstanding mineral and royalty interests, if any, affecting the Property, whether or not of record
in the office of the County Clerk of Brazos County.
4. Amendment and Termination. This instrument may only be amended or terminated in
whole or in part by written instrument signed by the then owners of the Property and the United
States Army Corps of Engineers.
5. Covenants Running with the Land. The provisions of this instrument will be deemed to
be covenants running with the land and binding on the Property and all parties having any right,
title or interest in and to the Property, or any part thereof.
THE STATE OF TEXAS
COUNTY OF HARRIS
§
§ fl~
This instrument was acknowledged before me on the £-3 day of April, 2001, by
TIMOTHY J. CROWLEY. ~t1 _l}odh-i
NotPUbiiC)State of Texas~
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:METES AND BOUNDS DESCRIPfION
OF A 21.0925 ACRES TRACT OF LAND
OUT OF THE ROBERT STEVENSON SURVEY, A-54
BRAZOS COUNTY, TEXAS
0741551
All that tract or parcel of land lying and being situated in Brazos County, Texas, and being
situated in the Robert Stevenson Survey, A-54, and being a part of the same tract of land
described in a deed to Timothy J. Crowley, as recorded in Volume 1415, Page 74, of the Brazos
County Official Records, and being more particularly described by metes and bounds as follows
with all control referred to the 1927 Texas State Plane Coordinate System, Lambert Projection,
Central Zone:
COMMENCING at a fencepost for the north comer of said Crowley tract, also being a point in
the southwest right-of-way line of State Highway No. 6, also being the east comer of the John M.
Lawrence, ill, 247.46 acre tract, as recorded in Volume 929, Page 216, of the B.C.O.R., having a
Texas State Plane Coordinate Value of X= 3,576,278.52 (E), Y = 10,192,792.33 (N)
THEN CE South 41°27'48" West, a distance of 2,819 .31 feet to a point for comer for the
PLACE OF BEGINNING;
THENCE South 83°02'23" East, a distance of 443.49 feet to a point for comer;
THENCE South 54 °55' 51" East, a distance of 359 .52 feet to a point for comer;
THENCE North 88°09'02" East, a distance of 162.57 feet to a point for comer;
THENCE South 36°21 '05" East, a distance of 27.64 feet to a point for comer;
THENCE South 46°01 '28" West, a distance of 158.51 feet to a point for comer;
THENCE South 45°58'47" West, a distance of 314.31 feet to a point for comer;
THENCE South 57°39' 52" West, a distance of 206.65 feet to a point" for comer;
THENCE South 60°27'53" West, a distance of 134.79 feet to a point for comer;
THENCE North 79°48'29" West, a distance of 96.18 feet to a point for comer;
THENCE North 41°59'36" West, a distance of 101.11 feet to a point for comer;
THENCE North 7°08' 56" West, a distance of 210.26 feet to a point for comer;
THENCE South 60°55'47" West, a distance of 99.99 feet to a point for comer;
~HIBIT A
'age __ 1 _.. .. 01 ___ &-Paoo!I
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THENCE South 39°26'59" West, a distance of 93.24 feet to a point for corner;
THENCE South 39°51 '46" West, a distance of 74.22 feet to a point for corner;
THENCE South 50°41 '33" West, a distance of 62.75 feet to a point for corner;
THENCE North 82°52' 14" West, a distance of 35.59 feet to a point for corner;
THENCE North 37°10'01" West, a distance of 32.15 feet to a point for corner;
THENCE South 87°08'08" West, a distance of 17.68 feet to a point for corner;
THENCE South 34°18'51" West, a distance of 42.29 feet to a point for corner;
THENCE South 6°40' 59" West, a distance of 62.98 feet to a point for corner;
THENCE South 17°23 '32" East, a distance of 53.89 feet to a point for corner;
THENCE South, a distance of 17 .65 feet to a point for corner;
THENCE South 46°49'45" West, a distance of 16.83 feet to a point for corner;
THENCE South 16°08'04" West, a distance of 30.36 feet to a point for corner;
THENCE South 30°11'47" East, a distance of 83.35 feet to a point for corner;
THENCE South, a distance of 47.16 feet to a point for comer;
THENCE South 44°19' 10" West, a distance of 40.30'feet to a point for corner;
THENCE North 87°31' 11" West, a distance of 50.63 feet to a point for corner;
THENCE South 82°24'36" West, a distance of 33.58 feet to a point for corner;
THENCE South 54°14'28" West, a distance of 38.38 feet to a point for corner;
THENCE South 16°24'44" West, a distance of 76.02 feet to a point for corner;
THENCE South 11°57'50" West, a distance of 99.39 feet to a point for corner;
THENCE South 87°23'03" West, a distance of 18.21 feet to a point for comer;
THENCE around a curve to the left having a delta angle of 12°48'49", an arc distance of 187.86
feet, a radius of 840.00 feet, and a chord of South 80°58'38" West, a distance of 187.47 feet to a
point for comer;
e
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THENCE North 37°27'28" East, a distance of 12.01 feet to a point for corner;
THENCE North 64°46'47" East, a distance of 30.60 feet to a point for corner;
THENCE North 22°15'36" West, a distance of 231.42 feet to a point for corner;
THENCE South 39°32'28" West,~ distance of 127.86 feet to a point for corner;
THENCE South 6'1°41 '00" West, a distance of 63.26 feet to a point for corner;
THENCE North 84°17'08" West, a distance of 258.24 feet to a point for corner;
THENCE North 43°11 '17'' East, a distance of 608.41 feet to a point for corner;
THENCE North 43°20' 10" East, a distance of 925.34 feet to the PLACE OF BEGINNING
containing 918788 square feet or 21.0925 acres.
Dante Carlomagno
Texas Registered Professional
Land Surveyor No. 1562
Crowley-Parcel-3b I .doc
02-23-2001
~HIBIT
lft---:2,
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l\1ETES AND BOUNDS DESCRIPI'ION
OF A 11.6300 ACRES TRACT OF LAND
OUT OF THE ROBERT STEVENSON SURVEY, A-54
BRAZOS COUNTY, TEXAS
0741551
All that tract or parcel of land lying and being situated in Brazos County, Texas, and being situated in
the Robert Stevenson Survey, A-54, and being a part of the same tract of land described in a deed to
Timothy J. Crowley, as recorded in Volume 1415, Page 74, of the Brazos County Official Records,
and being more particularly described by metes and bounds as follows with all control referred to the
1927 Texas State Plane Coordinate System, Lambert Projection, Central Zone:
COMMENCING at a fencepost for the north comer of .said Crowley tract, also being a point in the
southwest right-of-way line of State Highway No. 6, also being the east comer of the John M.
Lawrence, ill, 247.46 acre tract, as recorded in Volume 929, Page 216, of the B.C.O.R., having a
Texas State Plane Coordinate Value of X= 3,576,278.52 (E), Y = 10,192,792.33 (N)
THENCE South 33°47'56" West, a distance of 4,108.16 feet to a point for comer for the PLACE
OF BEGINNING;
THENCE South 11°57' 50" West, a distance of 70.96 feet to a point for comer;
THENCE North 73°21 '03" West, a distance of 50.19 feet to a point for comer;
THENCE North 79°47'20" West, a distance of 30.90 feet to a point for comer;
THENCE South 14°27'26" West, a distance of 11.19 feet to a point for comer;
THENCE South 11°51 '44" East, a distance of 159.13 feet to a point for comer;
THENCE South 60°47'40" East, a distance of 81.70 feet to a point for comer;
THENCE South 56°18' 17" East, a distance of 23.91 feet to a point for comer;
THENCE South 21 u57'24" West, a distance of 152.65 feet to a point for comer;
THENCE South 42°50'38" West, a distance of 292.95 feet to a point for comer;
THENCE South 15°03' 13" West, a distance of 248.72 feet to a point for comer;
THENCE South 87°11 '04" West, a distance of 456.89 feet to a point for comer;
THENCE South 29°30'58" West,-a distance of 322.07 feet to a point for comer;
THENCE South 85°17'53" West, a distance of 403.38 feet to a point for comer;
!XHIBl1 ----A~-
•oane _ 4_ot la Paae'
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THENCE North 39°39'40" East, a distance of 291.35 feet to a point for corner;
THENCE North 5°28'07" East, a distance of 100.09 feet to a point for corner;
THENCE North 47°17'22" East, a distance of 108.60 feet to a point for corner;
THENCE North 73°27'09" East, a distance of 317.77 feet to a point for corner;
THENCE North 24°08'01" East, a distance of 143.13 feet to a point for corner;
THENCE North 37°27'28" East, a distance of 650.24 feet to a point for corner;
0741551
THENCE around a curve to the right having a delta angle of 21°32'27'', an arc distance of 285.73
feet, a radius of 760.00 feet, and a chord of North 76°2.5'03" East, a distance of 284.05 feet to to the
PLACE OF BEGINNING containing 506602 square feet or 11.6300 acres.
Dante Carlomagno
Texas Registered Professional
Land Surveyor No. 1562
Crowley-Paicel-3e.doc
02-23-2001
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P.0.8 .
0.689 Acre-.. ·· ...
Proposed
Drainage, Sanitation and Other Use
Easements and Right of Ways
"'
PROPOSED
CONSERVADON EASEMENT
38.064 ACRES
.:.:::. ___ .:;. __ ~ ____ -:_.::..-..=. ___ ::.__ --------------------------. .....::: .. -:-::: ... -_ --=--=----
-.~_ .·
Figure 3 C.,..,., j ltOOh;J j iOl'I
I j lS..OO·t
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14
T~as Department. ~f Transportation
..
1300 N. TEXAS AVE: • BRYAN, TEXAS 77803-2760 • (409) 778-2165
. .,;;-
May 10, 20qo .. · ·
Mr. Bar.ry Osborn ., .
Regulatory Branch, CESWF-EV-R, U.S. Army Corps of Engineers
P.O. Box 17300
Fort Worth; 'f?C 76102-0300
RE: APPLICATiON # 199700476 FOR DOA PERMIT UNDER SEC. 404 OF CWA (SH 40 CSJ
0540-08-001) ..
Dear Mr: Osborn:
I appreciate receiving notice of this application. I wish to comment on a statement made in the
section on ''Threatened and Endangered Species." The statement reads: ''The proposed
Conservation Reserve ... may compensate for impacts of this project on the Navasota ladies'-
tresses ... " The 38.06 acres the application refers to are a conservation easement the Texas
Department of Transportation (TxD01) is attempting to purchase from Mr. Tim Crowley. This
· conservation ·easement is the result of formal consultation with the U.S. Fish and Wildlife Service
under Section 7 of the Endangered Species Act. The purpose of this conservation easement is to
mitigate for the impacts of TxDOT's SH 40 project on Navasota ladies'-tresses plants. TxDOT
never intended or offered to provide mitigation for Mr. Crowley's development. The mitigation is
for primary, not secondary, impacts and the biological opinion states the "effects of the development
of :tvir. Crowley's property are beyond the scope of this opinion."
I thank you again for the opportunity to make these comments. If you have questions or comments
about the SH 40 project's development, please call me at (979) ?78-9707.
cc:
:''."bee:
Sincerely,
-¥2/J/ff,I. ..... l41 Y> ,.p -
~ Robert A. Appleton, P.E.
Director of Transportation Pl~ingand
Development
:tvfr. Ken Bohuslav, Deputy Director, Environmental Division, TxDOT
Mr. Dave Frederick, Supervisor, Fish and Wildlife Service, 10711 Burnet-Road, Suite 200,
Austin, TX 78758
ROW
Planning .
Reading File
An Equal Opportunity Employer
,, ~J1ea tor Record in:
·BPJllts auar.--------
1 On: {IP" ES,2001 at 02:32PH
1741551
20.ee
ece i pt Nu•b r -178943
By, ylvia Polan ky
28-I 38. 06 Ac. • Conser-vat ion Reser-ve Open Space
Ap_pr-ox. 33. 0 Ac. Deed Restricted Notur-o I Ar-ea
.,
~,
-~ .. ~ ~ ..
0
LOCATION
1400'
SCALE IN FEET
..... ,
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.-.
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LEGEND
mm ~~00<: . > -iw,~ •· . ~.;:i !:< .
WATERS OF THE UNITED ST
WETLANDS
rNA TERS OF THE UNITED STA TE:
CONSERVATION RESERVE
DEED RESTRICTED NATURAL AREA
PROJECT BOUNDARY LINE
:z 0
~ 0
ti
BASE MAP SOURCE1 WETLAND DELINEATION EXHIBIT, "PRELIMINARY DETERMINATION OF THE WATERS OF THE UNI STATES ANO WETLANDS OF THE APPROXIMATELY 735-ACRE CROWLEY TRACT,· AUGUST 1997. V
BY THE USAGE ON FEBRUARY 18, 1998, PROJECT NUMBER 199700476.
:D > 0 :z: 0 u "' u "" ~ 0 ...
O'I
' '° I~ N ..,, r .. ---I ~ "'
PURPOSE• The purpose of this project Is to cr-eote o mixed use E A R T ·· H Project Number1997
Sheet 12of1 development to Include slnQle ond m.Jltl-fomlly
residential uses, comnerclol uses, lnstltutlonol uses, ond recreot I ono I uses, as we I I as I ntec;ir-oted A t-qco /NT£ .. ._ ________ _
notur-e preserves and storm water detent I on foe I I It I es.1----------------------
SUBMITTED BY•
MR. TIU CROWLEY .
CROWLEY DEVELOPMENT CORPORATION
S IT [1 735-ACRE CROWLEY TRACT
LOCATION• COLLEGE STATION
C:OllNTYt RQt.7nC: rnrnJTV n::-VAC