Inv Texas Commission on Environmental Quality Investigation Report The TCEQ is committed to accessibility. If you need assistance in accessing this document, please contact oce@tceq.texas.gov Customer: Town of Addison Customer Number: CN601725211 Regulated Entity Name: WRPERM 5383 Regulated Entity Number: RN105975361 Investigation 1195385 Investigator: Conducted: Program(s): MICHAEL SESSIONS o9/og/2014 -- 10/08/2014 WATER RIGHTS Investigation Type: Compliance Investigation Additional 10(5): Address: 9 I Principal; 1: Role RESPONDENT Sentence): Role Parlicipated in Investigation Regulated Entity Contact Participated in Investigation Participated in Investigation Regulated Entity Contact WRPERM 5383 PERATIONS Incident Numbers 203148 202998 Site Classi?cation WP. PERMIT No Industry Code Assigned Location: NC) LOCATION ON FILE Local Unit: REGION 04 - DFW Activity Type(s): Review of draft water rights permits as stated in the Service Level Agreement between the Water Rights and Availability Permitting Division and OCE. WR Complaints Name TOWN OF ADDISON Title Name Phone MR JOSEPH (972) 436-9669 SCHWARTZ ASSISTANT DIRECTOR MR JASON Work (972) 450-2849 OR INFRASTRUCTURE OPERATIONS .3: SERVICES ATTORNEY MR RICHARD (214) 740-3483 FRANCHEK PARTNER MR DAVID CABRAIES Work (214) 740-3544 DIRECTOR OF LISA PYLES Work (972) 45o-2378 Work (972) 450-5378 WRPERM 5333 - 9/9/2014 to 10/ 8/ 2014 111v. - 1195885 Page 2 of 9 William Role Name Investigator CAROL MOULTON QA Reviewer BRENT CAN DLER Supervisor JEFF TATE Associated Check List phenomenon Editions EQUIPMENT MONITORING AND SAMPLING Sampling 09-09-2014 revised 06/2013 DIVERSION POINT 10 805383302 EQUIPMENT MONITORING AND SAMPLING Sampling 10?08?2014 revised 06/2013 RECONNAISSAN CE INVESTIGATION WRPERM COMPLAINT INVESTIGATION - Water Rights COMP DIVERSION POINT 10805383301 Inv ti mi 11 mmen INTRODUCTION An investigation was conducted in response to two complaints (Incident No. 202998 and 203148) submitted to the Texas Commission on Environmental Quality (TCEQ) DFW Region on August 28, 2014, and September 3, 2014. The complainants alleged that the Town of Addison was not meeting several conditions of their Water Rights Permit (Permit No. The complainants speci?cally allege the following: 1. Addison initiated construction and impounded water without a permit. 2. Addison has failed to maintain adequate continuous daily ?ow as required by the permit. 3. Addison has been using a different aquifer than what is speci?ed in the permit as an alternate source of make-up water. Speci?cally, the permit requires a Trinity Aquifer well and Addison constructed a Woodbine Aquifer well. 4. Addison has failed to maintain a riparian buffer of native vegetation as required by the permit. 5. Water from the Woodbine Aquifer fails to meet Texas Surface Water Quality Standards. 6. Make-up water from the well was not put into the reservoirs for at least 14 months after Addison began impounding water. 7. Lack of ?ow has caused pooling of stagnant water creating a risk of West Nile virus. 8. Ecological impact alleged due to Addison?s use of the Woodbine well and failure to pump suf?cient make?up water into the reservoirs. The complaints were located at Vitruvian Park in the Town of Addison, situated in northern Dallas County. Site visits were conducted on September 9, 2014, and October 8, 2014. On September 12, 2014, an Exit Interview Form (EIF) requesting records was emailed to Mr. Jason Shroyer, Assistant Director of Infrastructure Operations 8: Services for the Town of Addison. During the investigation, the Regional Of?ce received input from the TCEQ litigation Division and the TCEQ Of?ce of Water (OW) in determining compliance with portions of the Water Rights Permit During the investigation and subsequent review of documents, the investigator identi?ed violations of Water Rights Permit 08-5383A. On January 9, 2015, a meeting was held with Mr. Shroyer and other representatives of the Town of Addison. During the meeting an updated EIF was provided to Mr. Shroyer (see attached EIFs). The violations noted as a result of the investigation will result in a Notice of Enforcement due to one of the violations being a Category Aviolation according to the Enforcement Initiation Criteria (EIC). On January 20, 2015, a Notice of Enforcement (NOE) Letter will be sent to Mr. Shroyer. GENERAL FACILITY AND PROCESS INFORMATION The Town of Addison currently holds the Water Rights Permit No. 08-5383, which was originally granted WRPERM 5383 - 9/9/2014 to mitt/2014 Inv. - 1195885 Page 3 of 9 December 18, 1991, and Subsequently amended on May 20, 2011 (see attached Water Use Permit 085383 and amendment 08-5383A). On August 5, 201e, a change of ownership was made for water right 08-5383 and the new owner was identi?ed as the Town of Addison. The current permit authorizes the owner to impound up to a total of 12.13 Acre Feet Reservoir No.1 is authorized to impound 2.85 AF and Reservoir No.2 is authorized to impound 9.28 AF for recreational and public parks purposes. Also, the certi?cate allows the owner to use a portion of the bed and banks of Farmer Branch Creek to recirculate water. The diversion points are located on Farmers Branch Creek, tributary of the Elm Fork of the Trinity River below Lake Lewisville (River Segment No. 0822). BACKGROUND INFORMATION On June 22, 2012, a water rights complaint investigation was conducted for the Vitruvian Park location by the DFW Regional Of?ce (see Investigation No. 1020634), and no violations were issued as a result of the investigation. The alleged complaint was that Farmers Branch Creek was experiencing lower than normal flows as a direct result of the construction of the Vitmvian Park impoundments. Additionally, the alleged complaint indicated that the creek had gone dry on a number of occasions. On August 1, 2012, a second water rights Complaint investigation was conducted (see Investigation No. 1027178), and no violations were issued as a result of the investigation. The second alleged complaint was identical to the preview alleged complaint. ADDITIONAL On September 9, 2014, Mr. Michael Sessions (lead investigator) and Ms. Carol Moulton arrived at Vitruvian Park in order to conduct a water rights Complaint investigation. The investigators arrived at the site around 9:20 am. The investigamrs were unable to locate any town personnel at the time of the investigation. Mr. Sessions called the Town of Addison and noti?ed them of the complaint and requested their presence at the location. Mr. Jason Shroyer arrived at the site and the investigators noti?ed him of the complaint and requested that he walk them around the site (see attached serials and photos). The investigators informed Mr. Shroyer that as a component of the investigation, they would need to sample the commingled groundwater as it is leaving the reservoirs. While at the site, the investigators sampled from both ReserVoirs No.1 and No.2 (see attached ?eld notes and Chain of Custody). The investigators inquired about the location of the groundwater well used at the site and the general operation of the well and reservoirs. Mr. Shroyer explained that the system has been in use for a few years and that they were currently pumping groundwater into Reservoir No.2 in order to maintain it full. At the time of the investigation, the investigators were able to note that in?ows were entering Reservoir No.2 and that water was ?owing over the weirs located at Reservoir No.2 and No. 1. Before leaving the site, Mr. Sessions informed Mr. Shroyer that a records request would be provided, requesting documentation to support compliance With certain permit provisions. The investigators left the site around 10:45 am. On September 12, 2014, Mr. Sessions emailed an EIF to Mr. Shroyer. The EIF consisted of six record requests for items that were speci?c to the complaint or the Water Rights Permit (see attached EIF dated 09-12-2014). On September 23, 2014, the sampling results from the September 9th site visit were received (see attached). The results of the sampling event indicated sulfate levels above the Water Quality Standard for Segment No. 0822 [see attached Water Quality Stande Criteria for Segment No. 0822). After evaluating the sampling results, the investigator determined that a second Wand of sampling, with additional points, would be needed to further determine compliance with Special Condition SE) of the permit. On October 1, 2014, a meeting was requested and hosted by the Town of Addison regarding the recent complaint investigation. The meeting attendees include: Mr. David G. Cahrales (Attorney, Locke Lord Mr. Richard J. ranchek (Att0rney, Locke Lord LLP), Mr. Joseph Schartz (EBA Enviro Science LTD), Ms. Lisa A. Pyles (Director of Infrastructure Operations 8: Services fer the Town of Addison), Mr. Jason Shroyer, Mr. Tony Walker (TCEQ DFW Regional Director), Mr. Jeff Tate (TCEQ DFW Water Section Manager), Mr. James Sallans (TCEQ litigation Division), and Mr. Sessions. During the meeting, the Town of Addison provided an overview of the conditions at Vitruvian Park as well as some background about the location. At the conclusion of the meeting the Town of Addison indicated that the requested items from the provided EIF would be submitted within the next week. On October 6, 2014, the Town of Addison submitted documents in response to the records request (see attached documents referred to as Town of Addison Response). Portions of the response are included in this report, however; the entire response will be retained in the regional ?le and the TCEQ Central Records Of?ce. WRPERM 5383 - 9(9/2014 to 10/3/2014 Inv. - 1195335 Page 4 0f 9 On October 8, 2014, the investigators conducted a second site visit with the purpose of conducting additional sampling. The investigators arrived at the site around 2:15 pm. The investigators noted that the site had not received any rain for the three day period leading up to the site visit. During the site visit, sampling was conducted at the outfall of Reservoir No.1 and 2 as well as in?ows to Reservoir No.2 and the groundwater well currently being used by the entity. The investigator again noted that water was flowing into Reservoir No. 2 and that water was ?owing over the weirs located at the outfall of Reservoir N0. 2 and No. 1. Additionally, the investigator noted that the well had been operating for several hours before the site visit. The investigators left the site around 3:50 pm (see attached ?eld notes and Chain of Custody). On October 15, 2014, the sampling results from the October 8th site visit were received (see attached Xenco Laboratories results). The results of the sampling event indicated that both in?ows and out?ows from the reservoir complex met the Water Quality Standard for Segment 0822. Also, the investigator noted that the results of the sampling of the groundwater well did not meet the standard; however, the permit only states that the commingled flow from the reservoirs would have to meet the Water Quality Standard for Segment 0822. On December 19, 2014, the TCEQ OW sent a letter to the Team of Addison regarding a letter submitted to their of?ce on February 7, 2013 (see attached letters). On January 9, 2015, a meeting was held with Mr. Shroyer and other town representatives and the investigator informed them of the violations that would he issued as a result of the investigation. An updated EIF was provided during the meeting. On January 13, 2015, evaporative loss and metering data was submitted to the regional of?ce in response to the EIF meeting. The violations issued as a result of the investigation are listed below. Failure to obtain a water right prior to impounding, diverting, using state water, or begin construction of any work designed for the impounding, diverting, or using state water, speci?cally Title 30 Texas Administrative Code (TAC) Chapter 297.11 and Texas Water Code (TWC) Chapter 11.121. The Town of Addison obtained authorization to construct a dam and impound state water on May 20, 2011. Aerial photography from March 31, 2011, as well as photographic documentation submitted by the Town of Addison indicated that state water was impounded prior to the May 20, 2011 authorization date. In the response submitted by the Town of Addison and during the EIF meeting, the entity indicated that they had been pumping water around Reservoir No. 2 and in doing so they believe they were not impounding state water; however, photographs and aerial imagery show water in the impoundment prior to the amendment being issued and the construction of the impoundment was documented prior to the issuance of the amendment. Failure to maintain a Trinity Aquifer groundwater well as the alternate source of water, speci?cally Title 30 TAC Chapter TWC 11.1351, and Water Rights Permit Special Condin'on The entity acknowledged that they had drilled a Woodbine Aquifer well instead of a Trinity Aquifer well as indicated in their permit amendment. A drilling report provided by the entity indicated that the well drilled at the site was approximately 650 feet in depth (State of Texas Well Report Tracking No. 276112). In the response submitted by the Town of Addison and during the EIF meeting, the entity indicated that they had submitted a letter informing the CW regarding the use of the Woodbine Aquifer Well and believed they had received suf?cient approval from however, the permit states that an amendment should be submitted for the change in the alternate source of water or voluntarily forfeit the amendment. Failure to supplement the reservoirs with water from the groundwater well in the amount of a minimum of 5.82 acre feet per year, speci?cally Title 30 TAC Chapter TWC 11.1351, and Water Rights Permit Special Condition 6(3) of Water Rights Permit 08-5333A. The permittee provided rec0rds of the groundwater well operation for the site and the records indicated that the well was not put into operation until approximately August 1, 2012; however, the permit and subsequent requirement to place groundwater into the reservoir began on May 20, 2011 14 months). The permittee was unable to account for the potential use of state water due to evaporation. Any requirement by the permittee to pump groundwater into the impoundment should be made up in a reasonable time period. A review of the data submitted by the entity revealed that the entity was including the surface area of both reservoirs and they had included force evaporation in their calculations. During communications with OW, it was determined that calculated evaporative losses should include just the area of WRPERM 5383 - 9/ Name to 10/3/2014 Inv. - 1195885 Page 5 of 9 Reservoir No. 2 and should not include a forced evaporative loss factor. In the response Submitted by the Town of Addison and during the EIF meeting, the entity indicated that they believe that once the well was put into operation they had provided enough water to off?set the total amount for the year; however, the amount of evaporative losses should be replaced in a reasonable amount of time to ensure that the entity does not capture state water that they are not entitled to impound. During the meeting, it was identified that the entity was using a method that was not accurately representing the toquirement of the perrnittee. Later that day the investigator reevaluated the calculation done in the office and was able to only identify two months where the entity was failing to replace the evaporative loss (February and April of 2014). On January 13, 2015, Addison submitted a revised evaporative loss table (see attached table). The table identi?ed one menth that was failing to replace the evaporative loss from Reservoir o. 2. In addition to the 14 months prior to the well being placed into operation, one additional month (April 2014) was identi?ed in which the entity did not replace the evaporative losses from Reservoir No. 2. Failure to maintain a riparian buffer zone of permanent native vegetative around the perimeter of the reservoir complex at a density to ensure complete coverage at maturity, speci?cally Title 3o TAG Chapter 297.45Ce), TWC 11.1351, and Water Rights Permit 08-53B3A Special Condition 6CD). During the site visits, the investigator noted that the area around Reservoir No.2 did not have any native vegetation around any portion of the impoundment. The area around reservoir No. 2 contained Bermuda grasses (Genus Cynodon) and Bald Cypress trees (Genus Within an average 50 foot perimeter of the reservoir. The investigator was unable to con?rm that either of the species or genus, of the two noted above identi?ed, were native to the North Central Texas area. The TCEQ 0W con?rmed that the term ?reservoir complex? used in Special Condition 6CD), refers to both Reservoirs 1 and 2. As part of the response submitted by the town, the Town of Addison indicates that the landscaping plan for the area was identi?ed in the Corps of Engineers 404 authorization that was submitted With the water rights application and the town maintains that they assembled and installed the landscaping according to the submitted documents. In the response submitted by the Town of Addison and during the EIF meeting, the entity indicated that landscape plan for the park was submitted with the original permit amendment and explained that they never intended for the landscape plan to include native vegetation within the 50 foot buffer. The entity believes that area and types of vegetation identi?ed in the permit in Special Condition was included in error; however, the permit does state that the vegetation should be native and it should be around the perimeter of both Reservoir No. 1 and 2. The investigator was able to con?rm some of the alleged complaints and a breakdown of the complaints and their compliance determination are listed below: 1. Addison initiated construction and impounded water without a permit. This allegation was con?rmed and determined to be non-compliant. The entity had constructed and impounded state water prior to the amendment being granted. 2. Addison has failed to maintain adequate continuous daily flow as required by the permit. This item was determined to be unsubstantiated. The permit does not direct the entity to maintain a continuous daily ?ow of groundwater. Additionally, the only water required to pass over the weir in Reservoir No. 1 is in?ows of state water that the entity is not entitled to impound. Also, the groundwater supplied to the reservoir complex is only intended to offset evaporation from Reservoir No. 2. The complaint indicates that evaporative losses should be made up from both impoundments, however; only the evaporative loss of Reservoir No. 2 is required in the amendment. During the two site visits conducted for the investigation, water was observed ?owing over weir 1 and 2. 3. Addison has been using a different aquifer than that speci?ed in the permit as an alternate source of make-up water. Speci?cally, the permit requires a Trinity Aquifer well and Addison constructed a Woodbine Aquifer well. This allegation was con?rmed and determined to he non-compliant. The entity had constructed a Woodbine Aquifer well and not a Trinity Aquifer well, as required in the permit. 4. Addison has failed to maintain a riparian buffer of native vegetation as required by the permit. This allegation was con?rmed and determined to be non-compliant. The entity had planted non-native plant species around the perimeter of Reservoir No. 2, within the 50 foot buffer zone. 5. Water from the Woodbine Aquifer fails to meet Texas Surface Water Quality Standards. This item was found to be unsubstantiated based on sampling done at the site during the investigation. Additionally, the permit places no water quality standard on the well water being placed in the impoundrnents. The permit only requires that the comingled discharge from Reservoir No. 1 and No. 2 should meet the Surface Water Quality Standard for segment 0322. 6. Make-up water from the well was not put into the reservoirs for at least 14 months after Addison began impounding water. This allegation was con?rmed and determined to he nonneompliant. The entity did not supply groundwater from May 20, 2011 to August 1, 2012 and did not meet the minimum 5.82 AF requirement WFPERM 5333 - 9/9/2014 to 10/3/2014 Inv. 1195335 'P_ageoof9 speci?ed 1n the permit. Additionally, it was discovered that the entity was Iunable to offset the evaporation for at least one month once the well was put into operati0n. 7. Lack of ?ow has caused pooling of stagnant water creating a rislt of West Nile virus. This item was determined to be outside the jurisdictiOn of the TCEQ and the Town of Addison was advised of the concern. Also, this item was referred to the Dallas County Health Department. Additionally, the investigator was unable to observe any pooling of stagnant water during the investigation. 8. Ecological impact alleged due to Addison's use of the Woodbine well and failure to pump suf?cient make-up water into the reservoirs. The investigator was able to determine that the current well used at the site was non?complaint. It was also noted that the alternate source of water not being supplied to the reservoir cempleit. However, the investigator was unable to determine the ecological impact to the creek from the activities and previous operaiion of the reservoirs. The investigator notes that additional investigations along the area of the complaint will be conducted and may address or identify additional items that might affect ?ows in the creek. As one of the main concerns raised by the complainants were the diminished ?ows in Farmers Branch Creek. An evaluation of aerial photographs for the area of the complaint were made and it was determined that further investigation of impoundments on and/ or possible diversions from Farmers Branch Crock Will be made and the results of those investigaiions reported in separate investigation reports. On January 20, 2015, a NOE Letter will be sent to Mr. Shroyer. A letter and a copy of the Investigation will be sent. to the complainants. Track Number: 557758 Compliance Due Date: To Be Determined Violation Start Date: 1f14/2011 2B TWC Chapter 11.121 30 TAC Chapter 297.11 Alleged Violation: Investigation: 1 195385 Comment Date: 01/20/2015 Failure to obtain a water right prior to impounding, diverting, using state water, or beginning construc1ion of any work designed for the impounding, diverling, or using state water, speci?cally Title 30 Texas Administrative Code (TAG) Chapter 297.11 and Texas Water Code (TWC) Chapter 11.121. The Town of Addison obtained authorization to construct a dam and impound state water on May 20, 2011. Aerial photography from March 31, 2011, as well as photographic documentation submitted by the Town of Addison indicated that state water was impounded prior to the May 20, 2011 authorizalion date. Also, the photographs submitted show that construction of Reservoir No. 2 began prior to the issuance of the amendment. The investigator was able to document that the entity began construction and impounding state water in Reservoir No. 2 prior to the issuance of the Water Rights Permit Amendment 08-5383A. Recommended Corrective Action: The eniity should obtain a water tights authoriza?on prior to the impoundment, diversion, or use of state water that they are not entitled to impound, divert, or otherwise use. 011 May 20, 2011, the entity was granted an amendment to that authorized the construction of Reservoir No. 2. Track Number: 557759 Compliance Due Date: To Be Determined Violation Start Date: 9/9/2014 23 TWC Chapter 11.1351 WRPERLI 5383 - 9/9/2o14 to 1o/B/eo14 Inv. at - 1.195335 _lj'_a_ige 7 of 9 30 TAC Chapter 297.45(e) PERMIT WRPERM 5333, Special Condition 6.23. Permittee shall maintain and operate an alternate source of water with suf?cient production to ensure no State water is used as a result of this amendment. Permittee has identi?ed groundwater from the Trinity Aquifer as the alternate source of water for this project. To account for potential use of State water due to evaporation, Permittee shall supplement the reservoirs with water from the groundwater well in the amount of a minimum of 5.82 acre feet per year PERMIT war-am 5383, Special Condition so. This amendment is issued contingent upon the Permittee's maintenance of the alternate source of water identi?ed in Special Condition B. In the event the groundwater well will not be used as the alternate source, Permittee shall immediately cease impoundment of water under this amendm?t and either apply to amend this permit with documentation of the new alternate source of water, or voluntarily forfeit the amendment. Alleged Violation: Investigation: 1 195885 Comment Date: 01/ 07/2515 Failure to maintain a Trinity Aquifer groundwater well as the alternate source of water, speci?cally Title 30 TAC Chapter TWC 11.1351, and Water Rights Permit 08-53S3A Special Condition The entity acknowledged that they had drilled a Woodbine Aquifer well instead of a Trinity Aquifer well as indicated in their permit amendment. A drilling report provided by the entity indicated that the well drilled at the site was approximately 65o feet in depth (State of Texas Well Report Tracking No. 276112). Recommended Corrective Action: The entity should either install a Trinity Aquifer well as indicated in the Water Rights Permit 03-5383A or submit a water right permit amendinent in order to change the source of the required alternate water source. Track Number: 557760 Compliance Due Date: To Be Determined Violation Start Date: 9 9/ so 14 2B TWC Chapter 11.1351 3o TAC Chapter ao7.45(e) PERMIT WRPERM 5333, Special Condition 6.A. This amendment does not allow Permittee to impound State water in Reservoir No. 2 or additional State water in Reservoir No. 1. Permittee shall provide and maintain suitable outlets in good working condition in the reServoirs to pass all in?ows of State water and maintain the reservoirs full. For purposes of this agreement, full shall mean the top of dam elevation for each reservoir. PERMIT WRPERM 5383, Special Condition 6.13. Permittee shall maintain and operate an alternate source of water With suf?cient production to ensure no State water is used as a result of this amendment. Permittee has identi?ed groundwater from the Trinity Aquifer as the alternate source of water for this project. To account for potential use of State water due to evaporation, Permittee shall supplement the reservoirs With water frOm the groundwater well in the amount of a minimum of 5.82 acre feet per year Alleged Violation: InVesn'gation: 1 195885 Comment Date: 01X 16/ 2015 Failure to supplement the reservoirs with water from the groundwater well in the amount of a minimum of 5.32 acre feet per year, speci?cally Title so TAG Chapter TWC 1.1.1351, and Water Rights Permit Special Condition 6(3) of Water Rights Permit 08-5383A. The pennittee provided records of the groundwater well operation for the site and the records indicated that the well was not put into operation until approximately August 1, 2012; however, the permit and subsequent requirement to place groundwater into the reservoir began on May 20, 2011 (approximately 14 months). The permittee was unable to account for the potential use of state water due to evaporation. Additionally, the permittee had failed to provide enough groundwater to off-set the evaporative losses for April of 2014, as indicated in the evaporative loss table provided on January 13, 2015. Any WRPERM 5333 - 9/9/2014 to 1oIS/2o14 111v. - 1195885 Page 8 of 9 requirement by the permittee to pump groundwater into the impoundment should be made up in reasonable time period. Reoonunended Corrective Action: The entity should maintain Reservoirs No. 1 and No. 2 full with an alternate source to ensure that the entity does not impound any state water the entity is not entitled to impound, except for the state water that the entity is allowed to impound under their senior right (08?5383, Granted December 18, 1991). All in?ows into the reservoir complex that the entity is not authorized to impound should be passed The entity should supply groundwater in the amounts required to offset evaporation within a reasonable time period. Additionally, the entity may keep records to ensure compliance with this requirement. Track Number: 557762 Compliance Due Date: To Be Determined Violation Start Date: 9/9/2014 213 TWC Chapter 11.1351 30 TAC Chapter 297.45(e) PERMIT WRPERM 5333, Special Condition 6.D. In order to protect the water quality of the reservoirs and the ecosystem of the water body of the reservoirs, the Pennittee shall maintain a riparian buffer acne of permanent vegetation around the perimeter of the reservoir complex averaging 50 feet in width with the exception of reasonable access areas. The buffer zone shall be graded to have a slope no greater than 15% where feasible and planted with native vegetation at a density to ensure complete coverage at maturity. Alleged Violation: Investigation: 1 195385 Comment Date: 01} 07/ 2015 Failure to maintain a riparian buffer zone of permanent native vegetative around the perimeter of the reservoir cemplex at a density to ensure complete coverage at maturity, speci?cally Title 30 TAC Chapter 297.45Ce), TWC 11.1351, and Water Rights Permit 08-53 83A Special Condition During the site visits the investigator noted that the area around Reservoir No.2 did not have any native vegetation around any portion of the impoundment. The area noted around reservoir No. 2 contained Bermuda grasses (Genus Cynodon) and Bald Cypress trees (Genus within an average 50 foot perimeter of the reservoir. The investigator was unable to con?rm that either of the species or genus, of the two noted above identi?ed, were native to the North Central Texas area. Recommended Corrective Action: The entity should either maintain the riparian buffer zone as described in the Water Rights Permit or submit a water right permit amendment in order to modify Special Condition of the permit. ?Wadi mom Mari?!- Erhriro?mental Investigator @112ka Date ?be. WRPERM 5333 9/9/2014 to 10f 3/2014 Inv. - 1195335 Page 9 of 9 Attachments: (in order of ?nal report submittal) ?(Enforcement Action Request (EAR) 7M3P3: P131135: ?fictter to Facility (specify type) WE tographs Invcs?gation chort from the facility V?Eamplc Analysis Results j?l?l? 3 _Manifests ETC-F Raw: Eva- [Lela Notice of Registration ?1 1