R2002-0104 06-24-02 RESOLUTION NO. R2002-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT WITH BELAIRE ENVIRONMENTAL, INC.,
FOR WETLANDS MITIGATION DESIGN SERVICES ASSOCIATED WITH
THE PEARLAND PARKWAY PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract' by and between the City of Pearland and Belaire
Environmental, Inc., a copy of which is attached hereto as Exhibit "A" and made a part
hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract with Belaire Environmental, Inc., for wetlands
mitigation design services associated with the Pearland Parkway Project.
PASSED, APPROVED and ADOPTED this the__
A.D., 2002.
24 day of June
TOM REID
MAYOR
ATTEST:
/~ SE~ ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
CITY OF PEARLAND
STANDARD AGREEMENT
FOR CONSULTANT SERVICES
Exhibit "A"
R2002-104
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and (hereinafter "Consultant") as follows:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Description of Project: Design and construction monitoring of Pearland Parkway
17.38 acre wetlands mitigation site.
Consultant/Subconsultant(s) Fee Basis of Compensation
Belaire Environmental, Inc. $62,275 Time & Materials
Reimburseable
Maximum Contract Amount
* Ail financial obligations created by this agreement are between the City and
Consultant, and shall not be construed to be between City and any subconsultant.
Delivery of plans, specifications and estimates: August 31, 2002
Attachments: Scope of Services - Exhibit A
Project Schedule - Exhibit A
2. Services and Payment.
A. Consultant will furnish services to the City in accordance with the terms and
conditions specified in this Contract. Payment for the services of Consultant shall be
due and payable upon submission and approval of a statement for services to City.
Statements for services shall not be submitted more frequently than monthly.
After consultation with the City, the Consultant shall specify the basis of
compensation in the scope of work for the project. The Consultant shall, provide
adequate detail of the basis of compensation so that the City can determine the
reasonableness of the fees and have the ability to make reasonable progress payments
to the Consultant based upon work completed at the payment intervals. The ConsultAnt
shall subcontract for all subconsultants, subject to City approval, necessary to complete
the scope of work. The subconsultant's fees and administrative mark-up, if any, shall
be included in the scope of work. Unless otherwise agreed upon, the method of
compensation shall be one of the following methods:
1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary")
Compensation shall be based on 1) the direct salaries (including benefits)
of the Consultant's employees whose time is directly chargeable to the
project; 2) an agreed upon multiplier to compensate the Consultant for
overhead and profit; and 3) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. The Consultant shall provide a proposal that includes the
total fees for the project, which shall not be exceeded without prior City
approval.
2. Per Diem ("Per Diem")
Compensation shall be based upon 1) an agreed upon lump sum per day
for specific services; and 2) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. This method is best suited to expert witness work or other
short-term engagements involving intermittent services.
3. Cost Plus Fixed Fee ("Cost Plus")
Compensation shall be based upon 1) reimbursement of the actual costs
of all services and supplies related to the project and 2) an agreed upon
fixed fee (profit). The Consultant shall provide an estimate of the costs to
be reimbursed, but actual compensation shall be based upon invoices and
supporting documentation provided by the Consultant.
4. Lump Sum ("Lump")
Compensation shall be based upon an agreed lump sum payment for
completing the entire scope of work. This method is best suited to
investigations or studies and for basic services with limited scope and
complexity.
If City fails to make any payment due Consultant for services and expenses within
thirty (30) days after receipt and approval of Consultant's statement for services
therefore, the amounts due Consultant will be increased at the rate of one percent (1%)
per month from said thirtieth (30th) day, and, in addition, Consultant may, after giving
seven (7) days' written notice to City, suspend services under this Contract until
Consultant has been paid in full, all amounts due for services, expenses, and charges.
B. All the Consultant's working drawings, plans, and specifications, if required
under this Contract, shall be sufficiently accurate, detailed, and complete so that
competitive bids for the work can be obtained and the improvements constructed.
C. Approval of the Consultant's work by the City shall not release the Consultant,
its employees, agents, or consultants, from the responsibility and liability for the
accuracy and competency of their designs, working drawings, and specifications, or
other documents and services.
D. Subject to Article 8 herein or as otherwise agreed, the Consultant shall promptly
correct errors in the Consultant's work, including errors discovered after final payment,
without receiving additional compensation.
E. Prior to execution of this agreement, the Consultant shall prepare a project
schedule identified as an attachment to this agreement and submit it for review within
15 calendar days after receiving a Notice-to-Proceed. The Project Schedule shall be
submitted in digital and paper form, in the Microsoft Project for Windows format. The
Project Schedule shall contain a complete schedule so that the Consultant's scope of
services under this contract can be accomplished within the specified time and contract
cost. The Project Schedule will provide specific work sequence and definite review
times by the City and the Consultant of the work performed. If the review time should
take longer than shown on the project schedule, through no fault of the Consultant,
additional contract time may be authorized by the City through a supplemental
agreement, if requested by a timely written request from the Consultant and approved
by the City.
3. Term and Termination. This Contract term will begin upon execution and end sixty
days after issuance of the certification of completion of construction by the Consultant.
The City may terminate this Contract at any time during its term by giving written notice
to Consultant. The City shall pay the Consultant for all services rendered to the date of
termination.
4. Modifications. City without invalidating the Contract, may order changes within the
general scope of the work required by the Contract by altering, adding to and/or
deducting from the work to be performed. If any change under this clause causes an
increase or decrease in Consultant's cost of, or the time required for, the performance
of any part of the Services under the Contract, an equitable adjustment will be made by
mutual agreement and the Contract modified in writing accordingly.
5. Subcontracts. If, for any reason, at any time during the progress of providing
services, City determines that any subcontractor for Consultant is incompetent or
undesirable, City will notify Consultant accordingly and Consultant shall take immediate
corrective action, which may include cancellation of such subcontract. Subletting by
subcontractors shall be subject to the same regulations. Nothing contained in the
Contract shall create any contractual relation between any subcontractor and City.
6. Ownership of Documents. All drawings, report data, and other project information
developed in the execution of the services provided under this Contract shall be the
property of the City upon payment of Consultant's fees for services. Consultant may
retain copies for record purposes. Owner agrees such documents are not intended or
represented to be suitable for reuse by City or others. Any reuse by City or by those
who obtained said documents from City without written verification or adaptation by
Consultant will be at City's sole risk and without liability or legal exposure to Consultant,
or to Consultant's independent associates or consultants, and City shall indemnify and
hold harmless Engineer and Engineer's independent associates from all claims,
damages, losses, and expenses including attorneys' fees arising out of or resulting
therefrom. Any such verification or adaptation will entitle Consultant to further
reasonable compensation. Consultant may reuse all drawings, report data, and other
project information in the execution of the services provided under this Contract in
Consultant's other activities. Any reuse by Consultant will be at Consultant's sole risk
and without liability or legal exposure to City, and Consultant shall indemnify and hold
harmless City from all claims, damages, losses, and expenses including attorneys' fees
arising out of or resulting therefrom.
7. Insurance.
A. The Consultant shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons, damages to property, or any errors and
omissions relating to the performance of any work by the Consultant, its agents,
employees or subcontractors under this Agreement, as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
(3)
Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
(4)
Comprehensive Automobile and Truck Liability Insurance covering owned,
hired, and non-owned vehicles, with minimum limits of $1,000,000 for
injury or death of any one person, $1,000,000 for each occurrence, and
$1,000,000 for property damage.
B. The Consultant shall include the City as an additional insured under the
policies, with the exception of the Professional Liability Insurance and Workers'
Compensation. Certificates of Insurance and endorsements shall be furnished to the
City before work commences. Each insurance policy shall be endorsed to State that
coverage shall not be suspended, voided, canceled, reduced in coverage or in limits
except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City. Upon request, certified copies of all insurance
policies shall be furnished to the City.
8. Indemnity. Consultant shall indemnify and hold the City, its officers, agents, and
employees, harmless from any claim, loss, damage, suit, and liability of every kind for
which Consultant is legally liable, including all expenses of litigation, court costs, and
attorney's fees, for injury to or death of any person, for damage to any property, or
errors in design, any of which are caused by the negligent act or omission of the
Consultant, his officers, employees, agents, or subcontractors under this Contract.
9. Assignment. Consultant shall not assign this Contract without the prior written
consent of the City.
10. Law Governinq and Venue. This Contract shall be governed by the law of the State
of Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Brazoria County, Texas.
11. Entire Contract. This Contract represents the entire Contract between the City and
the Consultant and supersedes all prior negotiations, representations, or contracts,
either written or oral. This Contract may be amended only by written instrument signed
by both parties. Purchase orders issued under this Agreement shall contain a
statement nullifying additional terms and conditions on the reverse side of the purchase
order and referencing this Agreement.
12. Conflicts in Contract Documents. The above provisions shall govern over any
conflicting provision contained in any referenced contract document specified above.
13. Dispute Resolution Procedures. The Consultant and City desire an expeditious
means to resolve any disputes that may arise between them regarding this Contract. To
accomplish this, the parties agree to mediation as follows: If a dispute arises out of or
relates to this Contract, or the breach thereof, and if the dispute cannot be settled
through negotiation, then the parties agree first to try in good faith, and before bringing
any legal action, to settle the dispute by mediation of a third party who will be selected
by agreement of the parties.
EXECUTED and EFFECTIVE as of the 24 day of ,June
,20 02.
CITY OF PEARLAND
Bill Eisen
City Manager
STATE OF TEXAS
COUNTY OF "~/.~-.-zor'~
, Consultant
Printe-d N~me: ..F,4,.v¢~-4- ~ /~L~,¢//'4¢.
Title: ~¢t~;cf_z~,~.,~,
BEFORE ME, the undersigned Notary Public, on this day personally appeared
'"'~,'// ~ ~,,,~ , known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed.
/IV~EN UNDER MY HAND
Of , A.D., 20 oP,, .
~~ PERLA N. LEHMAN .
L~(t [~'..~,..'~'~ Not,,aryM~ ~:~r~Ls ~,o~)~p~r~s~,.~~~Publl~, State of T~
STATE OF TE~S ~
COUNTY OF ~~ ~
AND SEAL OF OFFICE THIS"''-'¢~"5'~
- DAY
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name: ~/~ .~
My Commission Expires: ~-,~ - ,~ Oo,$"
BEFORE ME, ~he undersigned Notary Public, on this day personally appeared
.~'Z~t,'Y~¢'O~ ¢, ~r~ , known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
?xGIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~¢R~/' 1'DAY OF
,~ A.D., 20 ~'.
..... ~'~'"-'"-'~'-- SHARONK. TINNEY l~ NOTARY PUBLIC IN AND FOR T~E
~J ,.~¢..~&.,,,. ' ...............' STATE OF TEXAS
~ ,~ .~ MY COMMISSION EXPIRES
Printed Name:
My Commission Expires:
Belaire Environmental, Inc.
Planning .Permitting · Habitat Creation
June 10, 2002
Mr. Allan Mueller
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Dear Allan:
Revised Proposal to Design & Monitor Construction of Pearland Parkway
17.38-Acre Mitigation Site
Per your request, I have prepared and enclosed a plan and cost proposal to perform the
referenced work.
Belaire Environmental, Inc. (BEI) proposes to perform this work on a-time-and-materials
reimbursable basis according to the attached standard rate schedule. The $62,275 total
shown on the attachment will not be exceeded without good cause or without your prior
approval.
BEI would utilize qualified staff of Corrigan Consulting to assist in construction
monitoring in order to reduce costs. Corrigan's rates will be as follows:
Field Technician
Field Biologist
Project Biologist
$40-$45/hr
$50-$55/hr
$75-$80/hr
My charge rate for the project will be my standard rate of $125 per hour. I have adjusted
our standard rate schedule to respond to the City's policies. I have also estimated
reimbursable expenses.
Thank you for the opportunity to submit this proposal. Please call with any questions you
may have.
Sincerely,
Charles E. Belaire
Encl.
361-729-2948
Physical address: Mailing address:
1802 Baywood Drive RO. Box 741
Rockport, TX 78382 Rockport, TX 78381
Email: estuary123@aol.corn
Fax 361-729-2970
SUMMARY OF STEPWISE PLAN FOR 17.38-ACRES
MITIGATION SITE DESIGN & CONSTRUCTION MONITORING
CITY.OF PEARLAND, PEARLAND PARKWAY PROJECT
June 3, 2002
Estimated
,Step Activi _ty Fees.
Reimbursable Expected
Expenses Completion Date
Comction/Undesirable Vegetation Removal:
Step 1. Rough-stake excavation areas (creek berm-lowering,
rice levees, and prairie wetland creation areas).
$ 1,500
$ 300 July 2002
Step 2.
Rough-stake wetland enhancemenffrestomtion areas.
Preliminarily tag sample undesirable vegetation
flu'oughout mitigation site.
$ 1,500
$ 50 July 2002
Step 3. Identify potential tree/brash and soil disposal/
beneficial use sites.
$ 1,200
$ 50 July 2002
Step 4.
Prepare rough draft of specifications for earthwork
(berm, rice levees, and prairie wetland) enhancement
measures (initial removal of undesirables in RE1,
RE2, RE3, RE4, UB, and B; mowing of B).
$ 2,000
$ 75 July2002
Step 5.
Meet with selected contractors at the site to identify
likely equipment needed, access issues, alternate
construction methods, alternate undesirable
vegetation removal methods, disposal/beneficial
use options (soil and woody waste), scheduling
options, and other logistical considerations.
$ 1,500
$ 350 July 2002
Step 6.* Obtain topographic survey of all or part of the
17.38 acres.
Reimbursable
July 2002
Step 7.
Step 8.
Step 9.*
Verify disposal/beneficial use options (soil,
herbaceous, and woody waste).
Coordinate with City's engineer to identify
engineering concerns.
Prepare plans and specifications, including plan
and/or section views of excavation areas and
undesirable vegetation removal ,sites, and
disposal/beneficial use sites. Surveyor
assistance needed.
$ 1,000
$ 100 July 2002
$ 2,500
$ 200 July 2002
$ 500 $ 50 ' July 2002
Summary of Stepwis¢ Plan/City of Pearland
June 3, 2002 -
Page 2
Step 10:
Step 11.
Step 12:
Step 13:*
Step
Step
Step
Step
Step
Step
Step 20.*
Field tag or otherwise identify undesirable
vegetation (in RE 1, RE2, RE3, RF_A, UB,
and B) and desirable vegetation (in B).
Conduct pre-construction baseline vegetation
survey at the site, per Mitigation Plan,
Section 6.0.
Prepare bid package.
Re-stake project work area (surveyor required);
set contractor benchmarks.
14. Solicit bids.
15. Conduct pre-bid site inspection.
16. Review bids with City and engineer.
17. Select contractor(s) and award contract.
18.** Monitor construction.
19. Monitor drainage ditch vegetation (six months
after construction of Parkway).
Conduct post-construction as-built survey.
$ 1,800
$10,000
$ 2,500
Reimbursable
$ 1,200
$ 1,500
$ 6OO
$ 1,000
$12,000
$ 2,500
Reimbursable
$ 400
$ 5O0
$ 400
$ 300
$ 350
$ 100
$ 300
$1,500
$ 350
July 2002
July 2002
Aug 2002
Aug 2002
Aug 2002
Aug 2002
Aug 2002
Oct 2002
Oct 2003
Planting/Seeding:
Step 21. Evaluate alternative seed and plant sources for
prairie wetland creation, prairie wetland
enhancement, and upland prairie.
Step 22.
Evaluate alternative methods for re-vegetating
created prairie wetland (RE1) and enhanced prairie
wetland (R3) and restored upland (seeding of B).
Step 23.
Negotiate sole-source planting ,arrrangement with
City or identify potential re-vegetation bidders.
(BEI would like to bid on re-vegetation).
$ 1,000
$ 1,000
$ 1,000
50
50
150
July 2002
July .2002
July 2002
Summary' of Stepwise Plan/City' of Pearland
June 3, 2002
Page 3
Step 24.
Step 25.
Step 26.
Step 27.
Step 28.
Prepare m-vegetation plans and specifications. $ 1,500
Solicit bids. $ 800
Conduct site visit with potential bidders. $ 1,500
Receive bids and award contract. $ 1,000
Monitor re-vegetation work. $ 2,500
SUB-TOTAI~ ESTIMATED COSTS $55,100
$ 250
$ 250
$ 350
$ 100
$ 6O0
$ 7,175
July 2002
July 2002
July 2002
July 2002
Dec 2002
TOTAL ESTIMATED COSTS
$62,275
NOTE:
Surveyor estimates are not included in total and may vary depending on survey
needs. BEI may be able to substitute sub-meter GPS shots and mapping in some cases.
Assumes a 30-day or less construction schedule.
Actual charges may vary from item to item, but the total charges are not expected
to exceed $61,275.
BELAIRE ENVIRONMENTAL, INC.
STANDARD RATE SCHEDULE
Personnel:
Personnel costs are reimbursed on an hourly basis as follows:
Principal and Associate $ 80 - $150
Project Staff $ 30 - $ 75
Technical/Clerical Support $15 - $ 30
Travel and Subsistence: :
All travel and subsistence expenses are invoiced at actual cost. Cost of mileage on
company-owned or leased vehicles is computed at a rate of $0.365/mi1¢. Company-owned or
leased Suburbans or trucks are billed at $0.365/mile. Company boats are invoiced at a rate of $275
per day for 21-fi boat and $175 per day for 16-fi boat, plus fuel.
All purchased services and goods are invoiced at actual cost plus 10%. These include, but
are not limited to, reproduction costs, computer time, long distance telephone, boat fuel,
consultants, subcontract services, rented or leased equipment, and expendable supplies.
Daily charge rates for field equipment include, but are not limited to, the following:
Rate/day
Sub-Meter Trimble GPS (model no. 29673-50) with
Trimble backpack receiver (model 33302-51) $195
Global Water Turbidity Meter (model WQ777) $ 75
Aquacheck Water Analyzer $ 75
Soil Moisture Meter $ 35
GPS (handheld) (Garmin; Magellan) $ 25
Datascope $ 25
Bushnell Yardage Pro 800 $ 15
Bushnell Yardage Pro 600 $ 10
Eagle DepthFinder (model ST-TBK) $ 15
Sper Scientific Refractometer $ 10
Core Sampler (6-inch) $ 10
Imhoff Cones $ 5
Terms'
Invoices are submitted monthly for all services rendered during the previous month and
are payable "net 30 days." Late payments will incur interest at 1-1/2% per month from the original
date of invoice, or the maximum amount permitted by law. Collection proceedings shall
commence without notice once invoices remain unpaid 45 days from the date of invoices. The
company shall be reimbursed for all costs associated with collection, including legal fees,
expenses, and time spent on collection by company personnel. Reimbursement for collection~
efforts by company personnel shall be according to terms and conditions described in this rate
schedule.
December 2001
PERMITTED PLANS
I
Proposed
Proposed -
Pcarland Parkway
· _3 o
Lc,
1 inch: 4000 feet
Location of Proposed
Pearland Parkway and
Proposed Mitigation Area
Date: 01/01
Construction of a new roadway to relieve
traffic congestion
Pearland Parkway
City of Pearland
Exhibit 25 Harris and Brazoria Counties, Texas
PLANS
o o
0
0
0
PERMITTED PI.J~ 2 6 200,
PERMITTED 2 6 200;
PROPOSED MITIGATION PLAN (RE ¥! ~ F: D)
1.0 Overview
The proposed new roadway (Pearland Parkway) project would impact approximately 3.419 acres
of jurisdictional wetlands that include 10 discrete wetland areas ranging from 0.050 acres to 1.752
acres in size. Approximately 2.365 acres are forested wetlands and 1.054 acres are herbaceous
prairie wetlands. Both the forested wetlands and prairie wetlands are degraded by Chinese tallow
(Sapium sebiferum).
The applicant's (City of Pearland) original permit application included a mitigation plan to
compensate for unavoidable impacts. Various entities including the Texas Parks 8,: Wildlife
Department (TPWD), U.S. Environmental Protection Agency (EPA), Texas Natural Resources
Conservation Commission (TNRCC), and Galveston Bay Foundation commented on the
proposed mitigation plan in response to the U.S. Army Corps of Engineers (USACE) Public
Notice for the project. Since receiving these comments, the applicant has met with some of these
entities and has conducted a site visit with representatives of the USACE, TPWD, USFWS,
TNRCC, and Texas General Land Office. Subsequent to the site visit, the applicant's consultants
have worked with the TPWD to develop a revised mitigation plan which satisfies the concerns of
the various agencies. (TPWD's representative served as a coordinator among the experts from
the USFWS, EPA, and TNRCC to obtain input and concurrence). As a result of these efforts, the
applicant has prepared this revised mitigation plan. This plan incorporates, to the extent possible,
all agency recommendations.
The applicant proposes to mitigate the unavoidable loss of wetlands by creating/enhancing 7.095
acres of forested wetlands (a 3:1 mitigation ratio) and 1.054 acres of prairie wetlands (a I: 1
mitigation ratio). The applicant is proposing to use a 17.138-acre** site, which is part of a larger
tract of land owned by the City of Pearland. The City would also preserve an additional 2.379
acres of existing wetland and 6.61 acres of upland, as a buffer. A cleared pipeline right-of-way
traverses the site and is not included as credit for mitigation purposes. This site is located on the
north side of Clear Creek, approximately 2.65 miles from the proposed Pearland Parkway. The '
mitigation site is in the same watershed as the proposed project.
To compensate for the unavoidable impacts to forested wetlands, the applicant proposes to make
hydrologic modifications to an existing 6.852-acre forested upland (Area CF) to enhance
hydrology within this forested area. It is anticipated that hydrologic enhancements will
significantly increase the wetland functions and value of this forested area (Area CF). There is an
existing forested wetland (Area W) within and adjacent to Area CF that will be preserved. This
existing wetland (A/-ea W) and the proposed created forested wetland (Area CF) have a.species
composition similar to that in the impacted wetlands. (See species composition comparisons on
attached table). In addition, there are currently three areas of forested wetlands (Areas RE l, RE2,
and RE3) within the 17.138-acre mitigation site that are degraded with Chinese tallow. The
applicant proposes to restore/enhance these areas by removing Chinese tallow trees.
To compensate for herbaceous wetland impacts, the applicant also proposes to make hydrologic
modifications to an existing 0.418-acre pasture-type upland (Area CP). These hydrologic
modifications will restore wetland hydrology to a prairie wetland that has been converted to
cultivated farmland. Appropriate species will be established after hydrologic modifications are
accomplished. Additional prairie wetlands degraded by Chinese tallow (RE4) will also be
restored/enhanced to further compensate for herbaceous wetland impacts.
5 EET-ql OF 5-0
PERMITTED PLAN
The applicant also proposes to preserve and enhance 5.27 acres of prairie upland buffer and a
1.34-acre forested upland buffer (Area B). A mitigation area site map is included as Exhibit 26a.
Proposed
Roadway
Project Proposed Mitigation* (acres)
(acres)
Wetland Impacted Restored/ RE Mitigation Total Mitigation
Type Created Enhanced Credit
(RE) (Created + RE Ratio
(1/2 of RE credit) -
acreage)
Forested 2.365 6.852 (CF) 0.277 (REI) 0.138 7.095 3:1
Wetlands 0.133 (RE2) 0.067
0.075 (RE3) 0.038
Prairie 1.054 0.418 (CP) 1.273 (RE4) 0.636 1.054 i: 1
Wetlands
Total 3.419 7.270 1.758 0.879 8.149
*see Exhibit 26a for mitigation area site map
Proposed Mitigation Site Summary
Created Wetlands Credit
Area CF (6.852 acres)
+ Area CP (0.418 acres) 7.270 acres
= 7.270 acres
Restored/Enhanced Wetlands Credit
1/2 credit for ·
Area REI (0.277 acres)
+ Area RE2 (0.133 acres) 0.879 acres
+ Area RE3 (0.075 acres)
+ Area RE4 (1.273 acres)
= 1.758 acres x ¼ = 0.879 acres
Preserved Wetlands Credit *
Area W (1.777) - REI (0.277)
= 1.50 acres 2.379 acres
½ credit for Areas RE 1, RE2, RE3, RE4
= 0.879 acres
Upland Forested Buffer Credit (Enhanced) 1.340 acres
Upland Prairie Buffer Credit (Enhanced) 5.270 acres
TOTAL MITIGATION CREDIT 17.138 acres
** The total footprint of the mitigation site is 18.538 acres. Of this acreage, 17.138 would be
credited toward the mitigation. The remaining acreage is the pipeline ROW that traverses the area
and is not included in the mitigation total.
SHE[7 OF
2 6 200'
PERMITTED PLANS
2.0 Hydrologic Enhancement
Based on a site visit to the mitigation site and/or subsequent coordination with USACE, TPWD,
USFWS, TNRCC, and GLO, the site will be modified to increase water availability to the
proposed created forested wetland '(Area CF) and the proposed herbaceous prairie wetland (Area
CP) creation. To increase water availability to the created forested wetland, the applicant will
lower the berm adjacent to Clear Creek to approximately its historical elevation (i.e.,
approximately +45 fi NAVD 88). Based on available stream gauge data, if the berm were
lowered to approximately 45 fi NAVD 88, the creek would flood much of the created forested
wetland an average of once per 2.4 years (at least 17 flood events occurred in a 40-yea~: period of
record ending in 1994). Such bank over-topping would result in water depths within Area CF
ranging from 1.8 fi to 0.6 fi. Such interaction with Clear Creek will significantly increase the
wetland functions and values of this forested area. The applicant also proposes to take down rice
field berrns located throughout the 17.138-acre mitigation site to increase surface runoff into both
the created forested wetland and the created prairie wetland.
To increase water availability to the created prairie wetland, approximately 15-inches to 20-
inches of soil will be excavated from the site. Historical aerial photographs indicate that a prairie
wetland existed at this site prior to conversion of the land to agricultural use. Soil cores at this
site indicate that untilled hydric soil is present approximately 15-inches to 20-inches below the
current soil surface. Thus, it is anticipated that lowering the surface of this site will increase
water storage and groundwater availability to historical levels. A water availability analysis
indicates that when rainfall and evapo-transpiration are considered, this area has surplus water
available during November-February. USDA soils data show that the water table is within 0-2 ft
of the soils' surface in December-February. The soils data also indicate that the permeability of
the soils layer below the upper 22-inches is <0.06 inches/hour or very slow. Based on these
observations and observations of the adjacent wetland (Area W), the modifications to the created
prairie wetland site should be sufficient to provide wetland hydrology. Elimination of rice field
berms will also increase water availability to this site.
The applicant will initiate mitigation site construction within 180 days of commencement of
project construction. Mitigation site construction will be completed within one year of start of
construction of the mitigation site.
3.0 Created Wetlands
Species composition within the proposed forested wetland creation site (CF), the existing forested
wetland within the proposed mitigation site, and at the impacted forested wetland areas.is
summarized on the attached sheet. As the species summary indicates, the species composition at
the proposed created forested wetland creation site (CF) is very similar to the species composition
at the existing wetland within the proposed mitigation area (Area W). It is the objective of the~
hydrologic plan mentioned in no. 2, above, to alter hydrology within the proposed created
forested wetland so that the wetland functions and value of the forest are increased. Since the
current species composition within the proposed forested wetland creation area is of a desirable
mix, no new trees will be added to the proposed forested wetland creation area.
In the created herbaceous prairie wetland (CP), the area will either be planted or seed bed
material with target species (below) will be transferred to it from either the proposed impacted
wetlands or from other nearby wetlands. Planting on 3-fi centers or seed bed transfer will occur
PERMITTED PLANS
during the first non-summer wet period immediately following the completion of hydrologic
modifications at the mitigation site.
To enhance survival chances of planted vegetation, the applicant proposes to water plants at least
twice weekly, if needed, during the initial six weeks after planting.
TARGET SPECIES LIST
Prairie Wetland
Switchgrass Panicum virgatum FACW
Eastern gama grass Tripsacum dactyloides FAC+-
,.,Bushy bluestem* Andropogon glomeratus FACW+
Sugar cane plumegrass Erianthus giganteus FACW+
Southern carpet grass* Axonopus affinis FAC
Dombey's spikerush* Eleocharis montana OBL
Sand spikerush Eleochafis montevidensis FACW+
Gaping panic grass* Steinchisma hians FACW-
Cherokee sedge* Carex cherokeensis FACW-
Longtom Paspalum lividum OBL
Soft rush Juncus effusus OBL
Calico aster* Aster flagellafis FACW+
Chufa Cyperus esculentus FACW
Native cyperus Cyperus spp.
Swamp smartweed* Polygonum hydropiperoides OBL
Virginia button-weed Diodia virginiana OBL
Lesser duckweed Lemna minor OBL
Coastal water-hyssop Bacopa monniefi OBL
Marsh caperonia Caperonia palustfis FACW
Upland Prairie
Indian grass Sorghastrum nutans FACU
Big bluestem Andropogon gerardii FACU
Knotroot bristle grass* Setafia geniculata FAC
Big-top Iovegrass* Eragrostis hirsute FACU
Long-spike tridens* Tridens stfictus FAC-
Upland Forest
Yaupon* flex vomitoria FAC-
Southern bayberry Myrica cefifera FAC
Basket grass* Oplismenus hirellus FACU+' '"
Water oak* _ Quercus nigra FACW-
Live oak Quercus virginiana FACU+
Sugarberry* Celtis laevigata FAC
* These species are present at the mitigation site.
FEB'2 6 '200:
PERMITTED PI.ANS
4.0 Wetland Restoration/Enhancement
The enhancement of existing wetlands (Areas RE1, RE2, RE3, and RE4) will be accomplished by
removal and/or suppression of undesirable species. (See table below). These species will be
removed annually by hand for 5 years, by mechanical removal and/or by treatment with
appropriate herbicides if necessary. If restricted herbicides are to be used, an applicator licensed
by the Texas Dept. of Agriculture will perform such herbicide treatments in a manner that
complies with applicable laws and regulations. Annual removal or treatment will be performed
for 5 years. The first removal effort will occur, weather permitting, within 60 days of completion
of site hydrologic modifications. Subsequent control efforts will be performed annually for five
years.
The restored prairie wetland (RE3) will be seeded with gama grass and switchgrass after the
initial control effort.
REMOVAL/MANAGEMENT TO SUPPRESS
Common Name Scientific Name
Chinese tallow tree Sapium sebiferum
Trifoliate orange Citrus trifoliata
Chinese privet Ligustrum sinense
Eastern false-willow Baccharis halimifolia
Drummond's rattle-bush Sesbania drummondii
Bag-pod rattle-bush Sesbania vesicaria
Great ragweed Ambrosia trifida
Tall golden-rod Solidago altissima
Annual sumpweed Iva annua
Macartney rose Rosa bracteata
Hogwort Croton capitatus
Blue vervain Verbena hastata
Cattails Typha spp.
5.0 Upland Enhancement/Species Control
Undesirable species will also be controlled or suppressed in the upland forest and prairie buffers.
The table above lists species that will be controlled. Methods similar to those described in Sec. 4,
above, will be employed. Additionally, the upland prairie buffers will be mowed and seeded with
big b!uestem and Indian grass during Year 1. Controlled burning or mowing may be utilized in
the upland prairie as an annual control method. (Burning will be subject to Harris County
approval).
6.0 Monitoring
The mitigation site will be monitored prior to start of construction to establish baseline vegetation
composition. In addition to species composition and vegetation cover, tree and shrub density will
be estimated. The site will also be monitored annually for five years starting one year after
planting and seed bed transfer are accomplished. The success criteria will be as follows:
Year 1 - Fifty percent (50%) coverage of target or desirable species will be achieved in the
created prairie wetland. If coverage is less than 50% of target or desirable species, the area
3 EEY <i5" 0[
FEB 2 6 2O02
PERMn-rED pLAN.
will be planted on approximately 3~fi centers within 90 days of monitoring or as soon as
practical during the next non-summer wet period. The coverage of undesirable species will
be less than 30% in the various components of the mitigation site. If this level is not
achieved, an additional control effort will be made six months after the second annual control
effort.
Year 2 - Seventy percent (70%) coverage of target or desirable species will be achieved in the
created prairie wetland. If coverage is less than 70%, desirable species will be planted on 3-fi
centers as described above. The coverage of undesirable species will be less than 20% in the
various components of the mitigation site. If this level is not achieved, an additional control
effort will be conducted within six months of the third annual control effort.
Years 3 through 5 - Seventy percent (70%) coverage of target or desirable species will be
achieved in the created prairie wetland. If coverage is less than 70%, desirable species will
be planted on 3-ft centers as described above in years three and four. The coverage of
undesirable species will be less than 10% in the various components of the mitigation site. If
this level is not achieved at any monitoring event, an additional control effort will be
conducted within six months of that monitoring event.
The applicant will place staff gauges in the deepest portion of each wetland area and will place a
continuous recording gauge in the deepest wetland basin. Data from the recording gauge will be
downloaded and water levels at all staff gauges recorded on a monthly basis for Years I - 3. The
success of hydrologic modifications will be based upon the vegetation success as documented in
the various monitoring efforts. In addition, the applicant will use the recorded on-site hydrologic
data and the Palmer Drought Severity Index as analysis tools to evaluate and compare the results
of our monitoring events.
Monitoring reports will be prepared and forwarded to the USACE, EPA, USFWS, TPWD, and
TNRCC within 60 days of completion of each monitoring effort. Reports will include
photographs of the various mitigation site components. The reports will also include pertinent
rainfall data from nearby Hobby Airport, as well as documentation of on-site hydrologic
observations. The reports will also include a summary of Clear Creek stream gauge data, if
available, to determine the frequency of flooding from creek waters within the created forested
wetland.
7.0 Site Protection
The applicant will deed restrict the property to preserve it as a mitigation site in perpetuity. The
City will convey the 17.138-acre mitigation site as a conservation easement to a third party for
management, provided a suitable grantee is located. The City of Pearland has included a
statement, as requested by TPWD, regarding the potential uses of the remaining acreage
surrounding the proposed mitigation site. This statement is included in the attached memo.
PERMITTED PLAN
Indicator
Species Status
Impacted
Forested
Wetland
(Areas B, G & N)
Mitigation Site
"Created Forested Wetland" Area "W"
Upland Forest Wetland Forest
Fraxinus pennsylvanica FACW- X X
Quemus nigra FACW- X X
Quercus pheflos FACW X
Celtis laevigata FAC X X
Carya illinoensis FAC + X X
Ulmus americana FAC X X
Ulmus crassifolia FAC X
Sapium sebiferum* FACU+ X X
Crataegus viddis FAC X
Bacchafis halimifolia FACW- X
Ligustrum sinense UPL X X
Citrus tdfoliata UPL X
Ilex decidua FACW- X
Ilex vomitoda FAC- X
Panicum gymnocarpon
Carex cherokeensis FACW- X X
Aster flagellads FACW+
Sabal minor FACW
Iva annua FAC X
Axonopus affinis FAC X
Ambrosia tdfida FAC X X
Solidago altissima FACU X
Oplismenus hirtellus FACU+ X
Sorghum halepense FACU X
Verbena hastata NA X
Rubus trivialis FAC X
Toxicodendron radicans FAC X X
Smilax rotundifolia FAC X X
Berchemia scandens FAC+ X X
Lonicera japonica FAC X X
Ampelopsis arborea FAC X
* Chinese Tallow tree is a documented wetland plant
X
X
X
X
X
X
X
X
X
X
X
X
5HEE'[" 'q"+' oP
MaY-1. ZUUZ /'D~A~ CORRIGAN CONSUL~ING INC No.2~Sg
' ............. ; WATER QU~TY ~OLU~[O~ PL~ IWED
~ 2002
~e'Ci~ of Pe~l~d proposes to ~plem~t a v~ge~tion .m~ag~t ~o~ wj~in the Sc~cgast, Wes~ist~, Ba~ Rose, and To~
~ ditches. ~ ~fl 19, 2~2, CCI biolog~ Hea~ ~k~, obm~ed si~e P~t~phs of each ditch at ~d ~jac~t to
appm~ate lo,on ~r e~ pm~sed out~ll to dete~ine ~e~e c~did~s ~d ~ibiliF of ~lement~ water qualiF
Vegetafi~ ~ ~ dit~ w~ ~erized ~ he~ceo~ hy~oph~ic ~eci~ ~i~l of ~e G~f coast pm~es and m~shes ~clud~8
~il (~pha sp.), ~e~ (Ele~hari~ sp.), ~hes (~c~ sp.), se~s (~p~ ~.), ~ a me~ ofo~ herbaceous speci~.
The BD~ would ~ntain the vegetation ~ ~e ~tches ~cordmg to ~e follo~g pl~. I~ is prop~ ~t ~e BDD4 ~ allo~d
continue rout~e dilch ~t~ce, whh ~e e~ceptioa, ~ ~e vegetation ~m ~e ~ch ~tch ~ (defined as ~e '~ of slo~"
~e "toe of slo~~) ~ mow~d ~ a hei~ no ie~ ~ 12 in,es. ~e BD~ ~uld also ~ve ~smn m mow ~1 vegem~on m
~tches ~ic~ per y~ to temow ~d prevent ~ of woody vegetation. If BDD4 needed to ~mov~ woody veg~tafio~ at ~es o~er
~ d~g &e bi-~ clewing, w~dy ~ci~ would ~ ~moved by h~d ~d would ~l resuh ~ ~y add~onal mowi~ ~yo~
~ible 12-~ 1~. ~e Ci~ of Pe~l~ m~ supplement eno ditch bo~om ~ vegetad~ as ~e~, to en~ some
vegem~on r~ams to su~cimt~ slow flow ~d ~f~d water q~liF ~u~i~s y~r ro~d. S~plemen~ ~uid occ~ if 50% of ~e ditch
b~ wi~ ~e ~n~ement ~ne is not vegem~d ~th~ 6 m~s after c~s~on of ~e pro~sed Pe~l~ P~kway. ~ such c~es,
· e C~ of P~d wo~d pl~t or ~ed ~e ditch bo~om wi~ native herbaceo~ vegemti~ suitable for ~w~g m ~ e~stmg ~nditions.
In ~t~ ~ pl~ or ~e~g ~, wi~ ~e exc~oa ofTo~ Diich, 50% of~e ditch bo~ mu~ ~ vegemmd wi~ one
~er &e c~s~clion of~ pmpo~d P~l~d P~kway. Requ~ts ~ To~ Ditch ~ desch~d ~low.
In addition, rock filter dams would be placed within the two City of Pearland ditches near the Clear Creek bridge crossing (see attached
plans for North and South Outfalls). The North ditch is shallow and typically dry. This ditch would be replaced with a deep box that
would be almost 12' deeper. The ditch in f~out of this box, where the North out(all reek filter dam would be placed, would be a new,
deeper ditch created ~hrough excavation. Cu/rently, the South ditch, where thc South outfall rock filter ~ would be located, is non-
existent. This ditch would be created via excavation during the construction of Pentland Parkway. As a resul~ of these plans, the
placement of the rock filter dams would not be considered fill. These ditche~ would not be maintained by the BDD4 and would only
contain the filter dams. Rock f'flter dams would be placed approximately 5 - 15 feet from the proposed outfall at approximately 1 foot
above grade of the outfall.
Scttel~ast Ditch
The Se~ttegast ditch co~ains a variety of emergent hydrophytic vegetation characterized by gerttly sloping banks. This ditch ofpically bas a
wet bottom, but may be dry during certain times of the year; however, vegetation is typically present throughout the year.
The proposed vegetation management for this ditch would occur below the proposed outfall for Pentland Parkway, which is approximately
800 feet from Clear Creek. There is an exist, lng concrete overflow smacture about 200 feet in length between the confluence of Clear.
Creek and the start of the unlined channel of Seuegast ditch. Consequently, the treaunent capabilities of vegetation within in this d~tch
would be approximately 600 feet. Supplemental planting or seeding by the City of Pentland are not anticipated for this ditch.
Weslrainlster Ditch (or Banbury Cross Ditch?
The Wes~ninister ditch contains a narrow, open channel complemented by emergent vegetation along the channel sides. Steep, vegetated
banks and a dot bottom are characteristic of this ditch; however, the ditch bottom may be we~ during cemin times of the y,ear or after
periods of heavy rainfall. There is some emergent vegetation within sections of the ditch bottom.
The proposed vegetation management for this ditch would occur below the proposed outfall for Pein'land Parkway, which affords
approximately 500 feet of treaunent capability before reaching Clear Creek. Because this ditch may be dry during certain periods, the City
of Pentland may need to conduc~ supplemental planting or seeding in the ditch boRom.
Barry Rose Ditch
The Barry Rose ditch contains a channel of water complemented by cunergent vegetation along the channel sides. There aze a few deeper
pools of water, which may act as additional volume storage, located between Clear Creek and the proposed Pearland Parkwky outfall. A
wet bottom, .approximately 10 - 15 feet wide, characterizes this ditch.
The proposed vegetation management for this ditch would occur below the proposed outfall for Pentland Parkway, which zffords
approximately 1000 feet ofuraUnent capability before reaching Clear Creek. Supplemental planting or ~eediag by the City of Pentland are
not amicipated for this ditch.
Town Ditch
The Town ditch contains a variety of emergent and woody vegetation and typically has a wet bottom throughout thc year.
Ti~ proposed vegetation management for this ditch would occur below ~he proposed outfall for Pearland Parkway, which would allow
water to flow through approximately 2000 feet of vegetation before reaching Clear Creel Supplemental planting or ~eeding by the City of
Pentland are not anticipated for this ditch; however, if planting or seeding become necessary as a result of the management plan described
above, the following requirernen~ would apply. Instead of the 50% coverage requirement after one year post cons~uction of Pentland
Parkway, only 500 feet of vegetation must be established either 1) from the confluence of the ditch with Clear Creek going upstream of the
itch or 2) from the ou al, reeled oin. dowr ea . £ E
SHEET- -q 8 of 5-0
8AM--CORRIGAN CONSULTING
"'1
~ 7., 2002
8:00AM:
CORRIGAN CO, NSULTING
. No:2989
Il