HomeMy WebLinkAboutPR 23112: RENEWAL OF ARMY LICENSE NO. DACW65-3-18-0076 FOR THE WATERLINE CROSSING THE INTERCOASTAL CANAL ort rtltt'- —
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INTEROFFICE MEMORANDUM
—WATER UTILITIES DEPARTMENT--
Date: April 12, 2023
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Calvin Matthews, P.E., Water Utilities Director
RE: PR 23112—Renewal of Army License No. DACW64-3-18-0076 for the Waterline
Crossing the Intercoastal Canal
Introduction:
The intent of this Agenda Item is to seek City Council's approval for the City Manager to
renew Army License No. DACW64-3-18-0076 for the waterline crossing the Intercoastal Canal.
Background:
The City of Port Arthur entered into a 5 year license agreement with the Department of the
Army, per Res. 09-328. In 2018, the Secretary of the Army granted the City a license renewal
No. DACW64-3-18-0076 for the construction, operation, and maintenance of the 24-inch
water pipeline and its 30-inch casing, over and across, in and up certain Tracts located within
the Sabine-Neches Waterway, Neches Canal and Port Arthur Canal Projects. This resolution is
intended to renew that agreement.
Budget Impact:
No budgetary impact.
Recommendation:
It is recommended that City Council approve PR 23112, pertaining to the Department of the
Army License No. DACW64-3-18-0076 as described/outlined above.
"Remember,we are here to serve the Citizens of Port Arthur"
PR No. 23112
4/12/23 bw
Page 1 of 3
RESOLUTION NO.
A RESOLUTION APPROVING THE DEPARTMENT OF THE
ARMY LICENSE RENEWAL NO. DACW64-3-18-0076
PERTAINING TO THE SABINE NECHES WATERWAY PROJECT,
SABINE NECHES CANAL.
WHEREAS,in July 25, 1912,virtue of House Document 773, 61st Congress.2nd session.
the Congress of the United States made appropriations for a 26-foot channel through Sabine Pass,
Port Arthur Canal and Port Arthur turning basin; and a 26-foot turning basin at Port Arthur by,
known as the Sabine Neches Waterway Project; and,
WHEREAS, the United States acquired fee simple interest in Tract No. 3 by virtue of
Deed filed for record March 2, 1907, and an easement to construct a ship canal and deposit spoil
and other excavated material from said channel in Tract Nos. 11 and 27, by virtue of Deed dated
October 10, 1941 for said project; and,
WHEREAS, in 2014, the City of Port Arthur submitted a request to construct, operate,
and maintain a 24-inch Water Pipeline and its 30-inch Casing,over, across,in and upon said Tracts
Nos. 3, 11 and 27 for the purposes of serving the general public; and,
WHEREAS,the Department of the Army,under authority of Title 10,United States Code,
Section 2668, granted the City of Port Arthur License No. DACW64-3-14-0053 to construct said
pipeline project; and,
WHEREAS, the project was completed in 2018 and the Department of the Army hereby
requested to replace License No. DACW64-3-14-0053 with License No. DAC64-3-18-0076 to
operate and maintain the pipeline; and,
WHEREAS,Resolution No. 18-512, approved by Council on December 4, 2018,renewed
License No. DAC64-3-18-0076 for five (5) years; and,
WHEREAS,the City wishes to renew License No. DAC64-3-18-0076 for another five (5)
years.
PR No.23112
4/12/23 bw
• Page 2 of 3
NOW THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF CITY OF
PORT ARTHUR:
THAT, the facts in the preamble are true and correct; and,
THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to
execute, on behalf of the City of Port Arthur, in substantially the same form attached hereto as
Exhibit "A", License No. DAC64-3-18-0076 for the purposes of maintaining said pipeline on
Tracts 3, 11 and 27 of the property of the United States; and,
THAT, a copy of the caption of this resolution be spread upon the minutes of City
Council.
READ, ADOPTED, AND APPROVED THIS day of
2023 at a Regular Meeting of City Council of the City of Port Arthur, Texas, by the following
vote:
AYES: Mayor ;
Councilmembers:
NOES:
Thurman Bill Bartie
• Mayor
ATTEST:
Sherri Bellard
City Secretary
PR No. 23112
4/12/23 bw
Page 3 of 3
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
()A/W tdtg
alecia Ti no Ronald Burton
City Attorney City Manager
alvin Matthews,P.E.
Water Utilities Director
APPROVED AS TO THE AVAILABILITY
OF FUNDS:
Kandy Daniel 3
Finance Director
O
Cl. on Williams, CPPB
Purchasing Manager
EXHIBIT A
(Department of the Army Document)
tiK OF\, DEPARTMENT OF THE ARMY
U.S.ARMY CORPS OF ENGINEERS,GALVESTON DISTRICT
i 1z, 2000 FORT POINT RD
(al GALVESTON,TEXAS 77550
a l c
��
,Arts V4>'
SUBJECT: Expiration of Real Estate Instrument; DACW64-3-18-0076
Ron Burton
City Manager
City of Port Arthur
444 Fourth Street
Port Arthur, Texas 77642
Dear Mr. Burton:
You are receiving this letter because our records indicate the above instrument will soon
expire. Enclosed is the instrument which was issued for a maximum term of 5 years will expire
on December 17, 2023. Please advise this office, in writing, if there is a continued requirement
to renew or terminate this instrument.
To initiate procedures to renew this instrument please complete the enclosed Form SWG-
RE 701i to update the signatory and certifying officer. In the remarks section of the form, please
reference DACW64-3-18-0076 all other changes in instrument and email to
SWG-RE@usace.army.mil.
If your organization no longer requires the activity stated in the instrument, please provide
name of organization, point of contact and phone number for the current owner.
Please respond within 30 days of receipt of this letter of your intention. If you need further
assistance, please contact Realty Specialist Dana Schirato (409) 766-3871 or email
Dana.M.Schirato@usace.army.mil.
Sincerely,
NELSON.TIMOTH Digitally signed by
NE LSON.TI MOTHY.1.1230372922
Y.J.1230372922 Date:2023.03.29 10:01:32-05'00'
Timothy J. Nelson
Contracting Officer, Real Estate Division
Galveston District
U.S. Army Corps of Engineers
Enclosure
Real Estate Application
NO. DACW64-3-18-0076
REPLACES DACW64-3-14-0053
DEPARTMENT OF THE ARMY LICENSE
SABINE-NECHES WATERWAY
SABINE-NECHES CANAL PROJECT
AND
PORT ARTHUR CANAL PROJECT
JEFFERSON COUNTY, TEXAS
THE SECRETARY OF THE ARMY, hereinafter referred to as the "Secretary," under authority
of Title 10, United States Code, Section 2668, hereby grants to the City of Port Arthur,
(hereafter referred to as "Grantee"), a license to operate and maintain a 24-inch Water Pipeline
and its 30-inch Casing, herein collectively referred to as the "Pipeline", over and across, in and
upon Tracts No. 3, 11, and 27 (hereinafter collectively the "Premises"), as depicted in Exhibit
A ; (as-built drawings) attached hereto and incorporated herein, located within the Sabine-
Neches Waterway, Neches Canal and Port Arthur Canal Projects; provided said Pipeline is
constructed in accordance with the terms and conditions set forth herein.
THIS LICENSE is granted subject to the following conditions:
1. TERM
This license is granted for a term of(5) five years, beginning from the date this license is
fully executed but revocable at will by the Secretary.
2. CONSIDERATION
The consideration for this license shall be the construction, operation, and maintenance of
the Pipeline within the Premises for the benefit of serving the general public in accordance with
the terms herein after set forth.
3. NOTICES
All notices and correspondence to be given pursuant to this license shall be addressed:
If to the Grantee: The City of Port Arthur, 444 Fourth Street, Port Arthur, Texas, 77642 and if to
the Government: District Engineer, Galveston District, 2000 Fort Point Road, P.O. Box 1229,
Galveston, Texas 77550 or as may from time to time otherwise be directed by the parties.
Notice shall be deemed to have been duly given if and when enclosed in a properly sealed
envelope addressed as aforesaid, and deposited, postage prepaid, in a post office regularly
maintained by the United States Postal Service.
4. AUTHORIZED REPRESENTATIVES
Except as otherwise specifically provided, any reference herein to "Secretary", "Real Estate
Contracting Officer", or"said officer"shall include their duly authorized representatives. Any
reference to "Grantee" shall include any duly authorized representatives.
5. SUPERVISION BY THE REAL ESTATE CONTRACTING OFFICER
The use and occupation of the premises shall be subject to the general supervision and
approval of the Real Estate Contracting Officer, U.S.A.C.E, Galveston District, hereinafter
1
�
�� DEPARTMENT OF THE ARMY
is �'y GALVESTON DISTRICT,CORPS OF ENGINEERS
W ' `°` '^ P.O.BOX 1229
L
GALVESTON,TEXAS 77553-1229
�vP
DEC 18 2018
SUBJECT: Sabine-Neches Waterway: Jefferson County, Texas; REIN-13-0043; License
DACW64-3-18-0076
Mr. Harvey Robinson
Interim City Manager
The City of Port Arthur
444 Fourth Street
Port Arthur, Texas 77642
Dear Mr. Robinson:
Enclosed please find an original executed License (DACW64-3-18-0076). The original is for
your records. You are now authorized to proceed under the terms and conditions of these
documents.
If you have any further questions, please contact Elizabeth Blake at (409) 766-3034 or
elizabeth.a.blake@usace.army.mil.
Sincerely,
mot yJ. eso
Chief, R I Estate Division
Galveston District
U.S. Army Corps of Engineers
Enclosure
NO. DACW64-3-18-0076
REPLACES DACW64-3-14-0053
referred to as said officer, and to such rules and regulations as may be prescribed from time to
time by said officer.
6. APPLICABLE LAWS AND REGULATIONS
The Grantee shall comply with all applicable Federal, state, county and municipal laws,
ordinances and regulations wherein the premises are located.
7. CONDITIONAL USE BY GRANTEE
The exercise of the privileges herein granted shall be:
(1) without cost or expense to the United States;
(2) subject to the right of the United States to improve, use or maintain the premises;
(3) subject to other out grants of the United States on the premises;
(4) personal to the Grantee, and this license, or any interest therein, may not be
transferred or assigned;
(5) subject to the right of the United States to collect amounts necessary to cover
administrative expenses associated with the processing, issuance and management
of this License under the authority of 10 U.S.C. 2695.
8. CONDITION OF PREMISES
The Grantee acknowledges that it has inspected the Premises, knows its condition, and
understands that the same is granted without any representations or warranties whatsoever and
without any obligation on the part of the United States.
9. COST OF UTILITIES Not applicable
10. PROTECTION OF PROPERTY
The Grantee shall keep the Premises in good order and in a clean, safe condition by and at
the expense of the Grantee. The Grantee shall be responsible for any damage that may be
caused to property of the United States by the activities of the Grantee under this license, and
shall exercise due diligence in the protection of all property. Any property of the United States
damaged or destroyed by the Grantee incident to the exercise of the privileges herein granted
shall be promptly repaired or replaced by the Grantee to a condition satisfactory to said officer,
or at the election of said officer, reimbursement made therefor by the Grantee in an amount
necessary to restore or replace the property to a condition satisfactory to said officer.
11. INDEMNITY
T-19-e-United--State-s-s49e44-not-be-Pen.pe42i-sie4-fer-el-afflages-te-pFepeFty-or-iFifurie-s-te-eerserie
damagoc to tho proporty of the Crane, or for damagoc to-tho proporty or injurioc to tho porcon
2
NO. DACW64-3-18-0076
REPLACES DACW64-3-14-0053
invitation or tho invitation of any ono of thorn, and the-Crantoo shall hold tho--United Statec
12. RESTORATION
On or before the expiration of this license or its termination by the Grantee, the Grantee
shall vacate the premises, remove the property of the Grantee, and restore the premises to a
condition satisfactory to said officer. If, however, this license is revoked, the Grantee shall
vacate the premises, remove said property and restore the premises to the aforesaid condition
within such time as the Real Estate Contracting Officer may designate. In either event, if the
Grantee shall fail or neglect to remove said property and restore the premises, then, at the
option of said officer, the property shall either become the property of the United States without
compensation therefor, or said officer may cause the property to be removed and no claim for
damages against the United States or its officers or agents shall be created by or made on
account of such removal and restoration work. The Grantee shall also pay the United States on
demand any sum which may be expended by the United States after the expiration, revocation,
or termination of this license in restoring the premises.
13. NON-DISCRIMINATION
The Grantee shall not discriminate against any person or persons or exclude them from
participation in the Grantee's operations, programs or activities because of race, color, religion,
sex, age, handicap or national origin in the conduct of operations on the premises. The Grantee
will comply with the Americans with Disabilities Act and attendant Americans with Disabilities
Act Accessibility Guidelines (ADAAG) published by the Architectural and Transportation Barriers
Compliance Board.
14.TERMINATION
This license may be terminated by the Grantee at any time by giving the Real Estate
Contracting Officer at least ten (30) days' notice in writing to the fore mentioned address.
15. ENVIRONMENTAL PROTECTION
a. Within the limits of their respective legal powers, the parties to this license shall protect
the premises against pollution of its air, ground and water. The Grantee shall comply with any
laws, regulations, conditions, or instructions affecting the activity hereby authorized if and when
issued by the Environmental Protection Agency, or any Federal, state, interstate or local
governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic
or hazardous materials within the premises is specifically prohibited. Such regulations,
conditions, or instructions in effect or prescribed by said Environmental Protection Agency, or
any Federal, state, interstate or local governmental agency are hereby made a condition of this
license. The Grantee shall not discharge waste or effluent from the premises in such a manner
that the discharge will contaminate streams or other bodies of water or otherwise become a
public nuisance.
3
NO. DACW64-3-18-0076
REPLACES DACW64-3-14-0053
b. The Grantee will use all reasonable means available to protect the environment and
natural resources, and where damage nonetheless occurs from the Grantee's activities, the
Grantee shall be liable to restore the damaged resources.
c. The Grantee must obtain approval in writing from said officer before any pesticides or
herbicides are applied to the premises.
16. HISTORIC PRESERVATION
The Grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any
historical, archeological, architectural or other cultural artifacts, relics, remains or objects of
antiquity. In the event such items are discovered on the premises, the Grantee shall
immediately notify said officer and protect the site and the material from further disturbance until
said officer gives clearance to proceed.
17. DISCLAIMER
This license is effective only insofar as the rights of the United States in the premises are
concerned; and the Grantee shall obtain any permit or license which may be require by Federal,
state, or local statute in connection with the use of the premises. It is understood that the
granting of this license does not preclude the necessity of obtaining a Department of the Army
permit for activities which involve the discharge of dredge or fill material or the placement of
fixed structures in the waters of the United States, pursuant to the provisions of Section 10 of
the Rivers and Harbors Act of 3 March 1899(33 USC 403), and Section 404 of the Clean
Waters Act(33 USC 1344).
18. SITE SPECIFIC CONDITIONS
The following site specific recommendation are made as limitations, restrictions, safety
issues, clearances for power and communication lines over reservoirs(sag height) or
conditions to be included in the outgrant to make the proposed use compatible with the
operation of the project:
a. Any USACE work or maintenance work will take precedence over the private activities
authorized herein.
b. The Grantee shall properly maintain and operate their constructed facility in a
consistently satisfactory condition towards continuously providing a safe facility.
c. Grantee has obtained and complied with all regulatory permit requirements including,
but not limited to: Regulatory Permit Number SWG-1998-02413, the requirements of which
are incorporated herein by this reference.
d. Grantee must keep and maintain a file copy of the approved as-built drawings of the
installed pipeline.
e. The USACE reserves the right to inspect the facility, operation, and maintenance
procedures for at any time during the term of this license provided reasonable notice is given
to Grantee.
4
, . NO. DACW64-3-18-0076
REPLACES DACW64-3-14-0053
f. Incident or Accident reports: Grantee will notify USACE in writing at the earliest
practicable moment, but not later than 30 days from the date of a reportable incident or
accident. Reportable events are further defined in 49 CFR 195
Grantee will mail all written correspondence to the address listed in paragraph 3 of
this license. Grantee's written notification will include the following information:
(1) Name, address and identification number of the operator.
(2) Name and telephone number of the reporter.
(3)The location of the failure.
(4)The time of the failure.
(5)The fatalities and personal injuries, if any.
(6) Initial estimate of amount of product released.
g. Abandonment or deactivation: Grantee will notify USACE in writing within 60 days prior
to abandoning or deactivating said pipeline. Grantee's written notification will include
the following information:
(1) Name, physical address, phone number and email address for pipeline owner.
(2) Date of abandonment
(3) Diameter of all pipelines abandoned
(4) Method of abandonment
(5) written certification that said pipeline was abandoned in accordance with
applicable laws and regulations.
h. Transfer of Ownership: If a change in ownership is contemplated, Elizabeth Blake,
Realty Specialist (409-766-3034) and Frank Garcia, Land Use Coordinator(409-766-3111)
Grantee shall be notified in writing 60 days prior to transferring ownership of said pipeline.
Grantee's written notification will include the following information:
(1) Name, physical address, phone number and email address for pipeline
purchaser.
(2) Forecasted date of transfer of ownership
(3) Grantee will provide USACE a copy of the Texas Railroad Commission T-4B
form in addition to a written notification.
i. During the operation and maintenance of said pipeline grantee will ensure, no
5
NO. DACW64-3-18-0076
REPLACES DACW64-3-14-0053
structures or fill will be allowed to obstruct any navigation channels or impact any
Federal interests beyond the activities authorized herein. Coordination to include, but not
limited to, scheduling pre-work, and post-work onsite inspection.
j. Prior to commencement of any work, Grantee shall notify and coordinate with the Corps
of Engineers, Area Engineer, Ralph Steiner, at(409) 766-3071; Mr. Frank Garcia, Operations
Land Use Coordinator, (409) 766-3111.
k. All pipeline crossing signs shall be satisfactorily maintained, repaired and or replaced
as needed to provide continuous signage of the project.
THIS LICENSE is not subject to Title 10, United States Code, Section 2662, as amended.
PRIOR TO the execution of this license Condition 11, INDEMNITY, was deleted.
IN WITNESS WHEREOF, I hay.q hereu o set my hand by authority of the Secretary of the
Army, this -� day of-4) , 2018.
imothy J. s
Contractin Officer, Real Estate Division
Galvesto District
U.S. Army Corps of Engineers
n(� THIS LICENSE is also executed by the Grantee this lift day of
1ala iiH, ' L , 2018
Ha ey Robinson
Interim City Manager
The City of Port Arthur
6
NO. DACW64-3-18-0076
REPLACES DACW64-3-14-0053
CERTIFICATE OF AUTHORITY
I, Val Tizeno, do hereby certify that I am the City Attorney for the City of Port Arthur(the
"Grantee"), and that Mr. Harvey Robinson, who signed the foregoing instrument on behalf of the
Grantee, was then the Interim City Manager for the Grantee. I further certify that the said officer
was acting within the scope of powers delegated to this governing body of the Grantee in
executing said instrument.
IN WINS WHEREOF, I have made and executed this certification this Iffy` day of
0.ie , 2018.
VaL 4Za)
Val Tizeno
City Attorney
The City of Port Arthur
7
NO. DACW64-3-18-0076
REPLACES DACW64-3-14-0053
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*DO NOT LEAVE SECTIONS BLANK OR APPLICATION WILL NOT BE PROCESSED*
REAL ESTATE APPLICATION
For use of this form, see SWG-RE 701 i ` 1
tot� I tI fm�nn5dd�aa e RealtySpecialist on anychanges of POCs
*SIGNATORY WILL SILi PART I - BUSINESS/COMPANY APPLICANT INFORMATION
la. BUSINESS/COMPANY NAME
lb. LAST NAME (SIGNATORY FOR APPLICANT) FIRST NAME M.I.
1c. TITLE 1d. E-MAIL le. PHONE
lf. PHYSICAL ADDRESS 1g. CITY lh. STATE 1i. ZIP CODE
1j. MAILING ADDRESS 1k. CITY 11. STATE lm. ZIP CODE
PART II - AGENT INFORMATION (IF APPLICABLE)
2a. BUSINESS/COMPANY NAME
2b. LAST NAME(AGENT) FIRST NAME M.I.
2c. TITLE 2d. E-MAIL 2e. PHONE
2f.ADDRESS 2g. CITY 2h STATE 2i. ZIP CODE
PART III - LEGAL OFFICER / CERTIFYING OFFICER INFORMATION
*Will Sign Certificate of Authority* (For dredging must be an attorney,for all others must be corporate officer) *Cannot be same as Signatory*
3a. LAST NAME FIRST NAME M.I.
3b. TITLE 3c. E-MAIL 3d. PHONE
3e.ADDRESS 3f. CITY 3g. STATE 3h. ZIP CODE
*Needed for Refund of$* PART IV- FINANCIAL CONTACT *Submit W9 and AOI*
4a. LAST NAME FIRST NAME M.I.
4b.TITLE 4c. E-MAIL 4d. PHONE
4e.ADDRESS 4f. CITY 4g. STATE 4h.ZIP CODE
*W9 and AOI Must Match Business/Company Name in 1a.* PART V - PERMITTING
5a. Do you hold a current authorizing Regulatory document(i.e., Section 404, Section 10, Nationwide Yes No
Permit(s)or Letter of Permission)for the requested activity?
If"Yes", ATTACH COPIES of all permits and amendments.
5b. Have you applied for a regulatory permit for this action? Yes No
5c. SWG- -
If"Yes"include permit#in box 5c
*Regulatory Permit Number Entered Above*A
us Army Corps
saof Engineers
SWG-RE Form 701 i August 2021 1
•
*Must Submit Shapefiles, unless previously submitted*
PART VI - PROJECT DESCRIPTION
6a. TYPE 6b. DREDGING 6c. PIPELINE 6d. DIGITAL MAPPING DATA
Dredging New work n New works Specify the type of mapping data
Pipeline Maintenances Replacement ❑ Yes No included:
Construct Estimated Cubic Yards Crossing federal channel? El
Google
Earth
Other GIS(.shp) (.kmz)
®these 6f. PREVIOUS OUTGRANT NUMBER(if applicable)
PROPOSED START DATE:
DACW64- - -
ESTIMATED END DATE:
6g. Is this request related to a Federal project, such as deepening and widening a channel?
If so,which one?
What is the latitude and longitude(NAD 83 DMS)for both sides of the channel?
Latitude: Lonsitude: Latitude: Lon.itude:
6h. SUMMARY OF PROJECT
(Describe the project in its entirety. Do not limit the project summary to the area described in the regulatory permit. Include the
placement areas that will be used, if applicable. Include all ingress, egress and temporary lay down areas.)
*READ BELOW* PART VII REQUIRED DOCUMENTS
Please include: IRS Form W9,Articles of Incorporation and GIS shapefiles.The TxRRC Form T-4 listing the name of the pipeline
OWNER is required for all applicable pipelines.The IRS Form W9 and Articles of Incorporation must match the applicant
information listed in Section la above. All required documents must be submitted electronically to our mailbox,
SWGRE rausace.armv.mil.
PART VIII - CERTIFICATION
I HEREBY CERTIFY that I am of legal age and authorized to do business in the State of Texas. I have personally examined the
information contained in this application and believe that the information submitted is correct to the best of my knowledge.
NAME SIGNATURE DATE
us Army Corps
of Engineers.
SWG-RE Form 701i August 2021 2
Part Ill - Legal Officer / Certifying
I n st r u ct i o n s Officer Information
SWG-RE Form 701 i For Legal Officer and Certifying Officer
Part I - Business/Company Applicant requirements refer to notes which are
Information applicable to your type of entity.
la - The "Applicant" is the entity in whose Notes on Partnerships
favor the transactional documents will be The signer will be required to furnish, for
issued. Agent information should be entered filing with the outgrant, extracts from the
in Part 2 of the form.The applicant may be as Partnership agreement, which indicates the
follows: names of the general partners. In order to
expedite the application, please include this
• An Individual. Provide the legal name with the initial submission. In lieu of this
of the individual. evidence, the signer may furnish a
• An Individual Trading as a Firm or Doing Partnership Certificate, certifying that the
Business Under a Firm or Trade Name. signer has authority to bind the partnership as
follows:
• A Partnership. The name of all the
partners or the name of the partnership by I, (Partner X) certify that I am a General
one partner who signs as one of the firm. Partner in the Partnership named as Grantee
(see notes on Partnerships) the attached outgrant, I certify further that
(Partner Y), who signed said outgrant on
• A Corporation or Association. The name behalf of the Partnership, is also a General
of the corporation and the name of the officer Partner and has the authority to bind the
with official capacity signing on its behalf; Partnership by virtue of the powers vested in
• State or local governmental entities. The him/her in the Partnership agreement.
name of the entity and the name of the officer Notes on Corporations or Associations
with official capacity signing on its behalf.
The corporation seal will be affixed on the
For pipeline applications the OWNER final outgrant documents prior to execution by
should be placed in Part I, if there is no USACE. The signer will furnish, for filing
additional agent the operator may be place with the outgrant, extracts from the articles of
in Part II, (please note "operator" after incorporation (also known as Formation
business name in block 2a). In cases where documents),the by-laws,or the minutes of the
there is an agent and operator; please board of directors, duly certified by the
provide operator information within the custodian of such records,under the corporate
Summary of Project section(6f). seal (if there is one), which properly vest the
Part II — Agent Information signer with authority to bind the corporation.
In lieu of this evidence the grantee may furnish
The agent of an Applicant cannot sign on a certificate signed by an appropriate corporate
behalf of the Applicant. A signatory is officer, other than the person executing the
typically a corporate officer. Funds outgrant, as follows:
for payment of administrative fees
or consideration will only be accepted
from the Applicant. Agents may not make
paymenton behalf of an Applicant.
US Army caps
of Engineers.
SWG-RE Form 7011 August 2021 1
CORPORATE CERTIFICATE Part V - Regulatory Permits
I(Name) certify that I am the (Secretary) of Regulatory Permits control the activities of the
, Inc., that who signed the Applicant to be performed in the Waters of the
foregoing instrument on behalf of the United States,including Wetlands,pursuant to
corporation was then of the corporation. I applicable laws and regulations, such as
further certify that the said officer was acting Section 10 of the Rivers and Harbor Act of
within the scope of powers delegated to this 1899 and Section 404 of the Clean
officer by the governing body of the
corporation in executing said instrument. Water Act. The Real Estate Division cannot
issue an outgrant without the applicant first
Corporate Secretary or Appropriate Officer obtaining the proper regulatory permit.
(AFFIX CORPORATE SEAL) Part VI- Project Description
Notes on State or Local Governmental The project description is the most critical
Entities part of the application. For a multi-faceted
The signer will furnish, for filing with the project, please check all required activities
outgrant, an extract from the minutes of the box 5a and complete boxes for
corresponding activities. Provide a detailed
entity indicating that the outgrant was
approved by the governing body of the of description of the project and include GIS
theentity and authorizing a named individual and/or CADD files with the application (see
Cadastral Data and Format Requirements).
to execute the outgrant on its behalf. In lieu The following sections detail additional
of the minutes, the grantee may furnish a requirements for Dredging and Pipeline
certificate signed by an appropriate official, activities:
other than the person executing the outgrant,
as follows: Dredging
CERTIFICATE OF AUTHORITY Please provide complete scope of work along
with maps showing the area to be dredged,
I(Name) certify that I am the_(Clerk)_ of placement areas to be used and location or
that who signed the foregoing alignment of temporary dredge pipelines. A
instrument on behalf of the grantee was then hydrographic survey showing the area to be
of . I further certify that the said dredged must also be submitted.
officer was acting within the scope of powers 'List placement areas identified in Regulatory
delegated to this governing body of the Permit in order of preference.
grantee in executing said instrument.
Part IV— Financial Contact •If both new and maintenance dredging are
required please select new in the form and
The financial contact is an individual who discuss maintenance portion within the project
works for the same business/company as the description.
applicant that will be handling the payment .Include detailed timelines for as well as
and financial inquires for the administration completing line 6e of form.
fee to process the outgrant. The financial
POC should be able to answer questions Sediment Testing Requirement: Approval of
regarding debtor/vendor information, Tax sediment testing plans and reports prior to
ID or W9 issues, and address confirmation issuance of a Real Estate clearance is required
of return payments. for all Applicants. Contact the Operations
Division to obtain information on sediment
testing requirements. Email: SWG-
NB@usace.army.mil:phone: 409-766-3973.
us Army Caps
o[Engineers.
SWG-RE Form 7011 August 2021 2
Pipelines than the site of the proposed action?
Please provide a complete narrative of the Additionally,please address the following:
project. The narrative should include the
pipeline starting and ending points, route, • Are there any cultural resources known to
channel crossings, tie-ins, valve stations, exist in the area?If so,what?
access roads, ingress, egress, ROW needed, • Describe other reasonable alternative routes
etc., for the pipeline. or locations considered and reasons not
If available please submit: selected Note: Pipelines 24-inches in diameter
or larger,which impact fee simple land owned
• Railroad Commission of Texas Form by the United States require Congressional
T-4 which identifies the pipeline OWNER. approval.Applicants should anticipant a delay
in processing such outgrants.
• Railroad commission of Texas PS-8000A
Form Administrative Fees& Consideration
• Geotechnical study Two types of funds are collected from
applicants; administrative fees and
If a pipeline crosses a Federal Channel, consideration. Administrative fees are paid
Placement Area(s)or Placement Area Levee, in advance. Consideration is paid at the time
Hurricane Levee, or Tributary waters of the the transactional documents are executed.
United States, the Applicant must provide
cross section diagrams depicting depth and Administrative fees. Title 10 U.S.C. 2695
entry and exit points for each crossing. authorizes the collection of the
Applicants must also provide any and all administrative fees to cover the costs to the
standoff distances between the pipeline and Government for processing requests for the
any of the features listed above, including use of Government controlled property.
other pipelines. Identify diameter of each These costs include but are not limited to
pipeline, type of fuel or product being payment for work products such as
transported, and pipeline configuration for environmental, cultural and historical
each bundle. If there will be ground assessments, contract preparation,
disturbance (e.g. trenching, excavation) determinations of value, and preparation of
please address the following land surveys,maps, and legal descriptions.
• What are the dimensions (i.e., length, After initial screening, the Realty Specialist
width, depth) of each type of ground assigned to the application performs a scope
disturbance (e.g., trench, fence post hole, of work analysis for the purpose of developing
leveling, etc.)? an administrative fee cost estimate. Once a
cost estimate is established an administrative
• Will more than an acre of ground surface fee letter will be sent to the Applicant
be disturbed?How much? requesting payment of administrative fees.
• What kind of equipment will be used? Payment of administrative fees is required
How will the work be done? before further work can occur.
• Will access across Government controlled Upon notification, applicants are required to
property in addition to the area identified for pay administrative fees within 45 days to
the requested activity be required for avoid having their application cancelled for
equipment?If so,where? lack of response.
• Will there be a staging and/or storage areas
required? If so, where are they located and
what are their dimensions? Will
staging/storage areas be at locations different
us Army corps
Bei of Engineers
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SWG-RE Form 7011 August 2021 3
If a GIS shape file is provided, again the same
Administrative fees must be remitted using applies about assigning a proper name
either Electronic Funds Transfer (EFT) or sequence to describe that specific feature or it
Automated Clearing House (ACH). Checks can also bedefined in the spatial data within the
are no longer accepted as a form of shape file.
payment.
To help keep file sizes to the minimum
If the actual administrative costs for imagery and USGS Quads do not need to be
processing the application are greater than provided.
the initial request the Applicant will be
notified and required to pay the additional PERFERED PROJECTED
amount for processing of the application to COORDINATE SYS 11,M
continue. If excess funds exist at the time
processing of the application is complete,the
balance will be refunded to the Applicant. Datum:North American 1983 (SurveyFeet)
Cadastral Data&Format Requirements Projection: State Plane
Applicants must submit their GIS data in Zone: Use the appropriate zone
either the equivalent or lesser version of the location of the project.
following: AutoCAD 2020 (.dwg) or ESRI
ArcMap 10.8.1 (.shp) file to help us in this Example: (Texas South Central Zone)
endeavor. Upon receiving a design CADD
or a GIS file we will better determined the
location of projects interest and limits. We If you have any questions pertaining to
ask that you please include the Regulatory cadastral requirements please contact Carlos
Permit Tracking Number or Application Hidalgo at(409) 766-3169.
Number and also indicate the coordinate
system and datum that the drawing is
currently in. The design data should consist
of simple lines and polygons indicating the
limits of the completed project.
If a CADD drawing is provided, please
ensure that all layers are properly named to
describe that specific feature. If the layers
are named using acronyms we would need a
legend or shoe boxes with leader lines,
identifying each feature class within the
drawing. All areas must be created in real-
world (model space) with an assigned
coordinate system. Please do not send
drawings with XREFs or reference files,
simply insert all needed files or feature
layers into one design file. Cut-sheet or plate
layouts in CADD are not needed however,
PDF's of proposed project plans and/or as-
built would be greatly appreciated for
further review.
US Engi Armneersy Carps
of
SWG-RE Form 701 i August 2021 4