February 5, 2016

Regulatory Division
CERTIFIED MAIL RETURN RECEIPT REQUESTED
SUBJECT: Project Number SWF-2007-00209
Mr. Willis Winters, FAIA
Director, Park and Recreation Department
City of Dallas
1500 Marilla Street
Room 4EN
Dallas, Texas 75201
Dear Mr. Winters:
This is in regards to a letter from your staff dated January 20, 2016, responding to
Regulatory Divisions (Regulatory) non-compliance letters dated December 15, 2015,
and January 5, 2016. Specifically, these letters provided a history of the issues
surrounding the Standing Wave project and provided a general timeline.
In September 2013, the City of Dallas (City) provided my staff its first anticipated
timeline which included similar milestones your staff provided in the January 20, 2016
response, but also included other key events such as construction begin and end dates.
Regulatory considered the first timeline flexible in the event the City failed to reach
specific milestones, since the end of construction date provided was April 2015. Since
then my staff have continued to coordinate with City personnel, and during a technical
review meeting on April 21, 2015, at your office, we concluded that the conceptual plan
appeared to align with the original intentions of the Standing Wave and bypass channel
with regards to navigation and safety. We also requested your staff continue towards
final design while also considering alternatives to improve the bypass channel exit.
While we understand the challenge in determining timelines, especially with the high
water levels experienced in 2015 and into this year, we are requiring the City provide
details to the options currently being considered, including removal or modification of
the structure to ensure the structure would be brought into compliance. The timelines
should account for certain unknowns identified in the letter such as adverse weather,
high river flow rates, etc., and what we should expect should the project schedule shift.
Additionally, unexpected or unanticipated delays should be coordinated ahead of time
with my staff. The timelines should at a minimum include the options being considered,
date the City will advertise for bids for design and construction, date the bid
advertisement closes, date the contract(s) will be awarded, date removal or modification
will begin, and date removal or modification will end.
As you are also aware, any alteration or modification to either a locally or federally
maintained Corps of Engineers project must also be approved by the Chief of Engineers
under 33 USC 408 (Section 408). Modification to U.S. Army Corps of Engineers projects
beyond those necessary to properly operate the project or to minimize maintenance

costs as well as any alteration or modification requested by any non-Federal interest for
their own benefit also requires the Chiefs approval under 33 USC 408.
We request that you acknowledge receipt of this letter in writing and provide the
requested detailed schedule within 30 working days from the date of this letter to allow
coordination with your city council. You may include any other information you deem
pertinent.
We look forward to your cooperation in this matter and hope to reach a resolution of
your case in the near future. If you have any questions concerning this matter, please
contact Mr. Neil Lebsock at the address above or telephone (817) 886-1743.
Sincerely,

Stephen L Brooks
Chief, Regulatory Division
CF:
Mr. Mark McDaniel
Assistant City Manager
City of Dallas
Dallas City Hall
1500 Marilla Street, Room 4CN
Dallas, Texas 75201
Ms. Sarah Standifer
Director, Trinity Watershed Management
City of Dallas
Dallas City Hall
1500 Marilla Street, Room 6B South
Dallas, Texas 75201
Mr. Warren Ernst
City Attorney
City of Dallas
1500 Marilla Street, Room 7DN
Dallas, Texas 75201
Mr. Chris Bowers
First Assistant City Attorney
City of Dallas
1500 Marilla Street, Room 7DN
Dallas, Texas 75201
Ms. Christine Lanners,
Assistant City Attorney

City of Dallas
1500 Marilla Street, Room 7DN
Dallas, Texas 75201
Ms. Louise Elam
Interim Assistant Director
Planning Design and Construction Division Parks and Recreation Department
City of Dallas, Room 6FN
Dallas, Texas 75201
Mark Wells, President, Dallas Park and Recreation Board
President
Dallas Park and Recreation Board
1500 Marilla Street, Suite 6FN
Dallas, Texas 75201