Adjacent Landowner Information

Elm Fork Project Adjacent Landowner Guidelines

Gates
Flowage Easement Land
Uses of Public Land which are prohibited
Considerations before buying adjacent property

General Statement

The U. S Army Corps of Engineers is responsible for managing Grapevine Lake for multiple purposes including flood damage reduction, water conservation, environmental stewardship, and outdoor recreation. Ecosystem based management and conservation of natural resources and wildlife habitat is given primary consideration in all management decisions.

While private exclusive use of public land is not permitted, property owners adjacent to public land have the same pedestrian privileges as any other citizen and may be granted permission to perform certain activities in the interest of public safety. Therefore, the information contained in these guidelines is designed to acquaint the adjoining landowner, and other interested persons, with allowable activities and the types of property involved in the management of the Elm Fork Project lakes.

Elm Fork Project Adjacent Landowner Guidelines (Adobe Reader is required)

Cover

       1. Guidelines
       2. Appendix A : Synopsis of PEA
       3. Appendix B : Narrow Shoreline Variances (long download time)
       4. Appendix C : Prescriptions
       5. Appendix D : Permit Conditions
       6. Appendix E : Group Agreement
       7. Appendix F : Permit Fees
       8. Appendix G : Permit Template (for reference ONLY)
       9. Appendix H : Mitigation Cost Analysis

Waterlines

A permit to withdraw water must be obtained from the Dallas Water Utilities. A copy of this permit must be submitted, along with the completed Application, to the U.S. Army Corps of Engineers, Elm Fork Project Office, 1801 N. Mill St., Lewisville, TX 75057.
Submersible pumps may be used if electrical lines to pumps are installed in conduit and, to the maximum extent possible, are buried to the ten year drawdown elevation. Electrical lines in conduit, attached to the ground surface, are not acceptable. Extreme measures, such as sawing into solid rock, will not be allowed in attempt to bury an electrical line.
All electrical installations must comply with the National Electrical Safety Code (NESC), the National Electrical Code (NEC) and ER 1101-2-4401, clearance for power and communication lines over reservoirs.
Jet pump installations may be used if the pump and motor assembly are placed on private property. Suction lines placed in the lake must be buried.
Water intake velocity may not exceed .5 feet per second to protect small fish in the area. A larger intake foot or screen may be used to decrease the velocity.
Project personnel must personally inspect proposed installation site to determine potential damage to vegetation, tree roots or obvious archeological resources, this includes during construction and a post inspection to ensure compliance of the issued permit license.
A durable metal tag, with name and address, must be attached to any exposed waterline, making it possible to identify the owner when inspecting waterlines by boat. Generally, the tag will be attached to the waterline about 3 ft. above conservation pool.
The U. S. Army Corps of Engineers has acquired a flowage easement on land, which lies, at and below the 572.0' elevation contour on Grapevine. Written permission must be granted by the Corps of Engineers to place a structure, or to perform any work performed within the flowage easement.

Electric Lines

All electrical installations must comply with the NESC, the NEC, and ER 1101-2-4401; Clearance for Power and Communication Lines Over Reservoirs.
Permission must be granted by the U. S. Army Corps of Engineers to construct under or on land that is flowage easement. The 572.0 elevation contour is the upper extent of flowage easement on Grapevine Lake.

Gates

As a means of entry to government property, adjacent landowners may add a gate to the Corps’ boundary line fencing. Landowners may, with written permission, install a gate in fences constructed of steel pipe, post-and-cable, or other materials in accordance with the following requirements:

a) Gate may be up to 54 inches in width.

b) Gate may be constructed of wood or metal materials and must not weaken the structural integrity of the Government fence or cable.

c) Installation of gates will be at the expense of the adjacent landowner.

d) Gates must remain closed and locked when not in actual use.

e) Only one gate will be allowed per adjacent landowner.

Permit Conditions

1. The Government shall in no case be liable for any damage or injury to the permitted facility which may be caused by or result from subsequent operations undertaken by the Government for the improvement of navigation or for other lawful purposes, and no claims or right to compensation shall occur from any such damage. This includes any damage that may occur to private property if a facility is removed for noncompliance with the conditions of the permit.

2. Ownership, construction, operation, use and maintenance of a permitted facility and/or activity are subject to all applicable Federal, state and local laws and regulations. Failure to abide by these applicable laws and regulations may be cause for revocation of the permit.

3. The permittee shall remove a permitted facility within 30 days, at his/her expense, and restore the waterway and lands to a condition accepted by the resource manager upon termination or revocation of this permit or if the permittee ceases to use, operate or maintain a permitted facility and /or activity. If the permittee fails to comply to the satisfaction of the resource manager, the district commander may remove the facility by contract or otherwise and the permittee agrees to pay all costs incurred thereof.

4. Permitted facilities and activities are subject to periodic inspection by authorized Corps representatives. The resource manager will notify the permittee of any deficiencies and together establish a schedule for their correction. No deviation or changes from approved plans will be allowed without prior written approval of the Resource Manager.

5. No vegetation other than that permitted in the permit will be damaged, destroyed or removed. No vegetation of any kind will be planted, other than that specifically prescribed in the permit.

6. The resource manager or his/her authorized representative shall be allowed to cross the permittee's property, as necessary, to inspect facilities and/or activities under permit.

7. Temporary structures or items (i.e. tables, chairs, volleyball nets, etc.) may be placed on government property for NO LONGER than 24 hours. After a period of 24 hours, unattended property shall be presumed abandoned and may be impounded.

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Flowage Easement Land

A flowage easement occurs on property that is privately owned, but on which the Government owns the right to flood in perpetuity. There are restrictions as to what landowners can do on flowage easement property. A flowage easement description should be found in the deed to your property, or cited for reference in the appropriate county deeds. In some instances the reference to flowage easement restrictions is omitted during the preparation of new deeds with changes in ownership. The omission does not diminish the legality or validity of flowage easement restrictions over the property involved.

Flowage easement lands around Grapevine Lake are defined as those lands below the elevation contour of 572.0 feet above mean sea level (may vary on some properties). There are areas that may vary, be sure to check your deed.

The Owner of Flowage Easement Land, at his discretion, may:

Construct a fence to, or along, the Government boundary line which does not impede the flow of water.
Mow, clear, or plant vegetation so long as the original land contours are not changed and fill is neither brought in or removed.
Sell or lease the land to others, subject to all restrictions contained in the flowage easement instrument.

Activities which are prohibited on Flowage Easement lands:

Construct or maintain any structure for human habitation, including mobile homes, travel trailers, recreational camping vehicles, tents, or other shelters which are normally used for overnight occupancy.
Place or construct any other structure or facility in, under, on, or over the land without prior approval by the District Engineer. This includes, but is not limited to, buildings, ramps, roads, channels, ditches, dams, dikes, wells, earthen tanks, roads, utility lines, and tramways.
Add fill material to raise flowage easement lands above the specific lake's flowage easement elevation contour.

Activities on Flowage Easement lands which may be permitted:

The owner of flowage easement must make written application for a permit to place or construct any type of structure or facility on flowage easement property. With written approval of the District Engineer, the landowner then may:
Construct almost any type building, other than one designed or intended for human habitation.
Build streets or roads.
Construct utility lines.
Drill or dig wells.
Construct water, sewer, or septic tanks and systems.
Use the land for recreational purposes.
The construction of wells, water, sewer or septic systems will be examined on a case by case basis to ensure that no pollution of the lake or water wells, nor interference of the operation of the reservoir, will occur. Construction must be in accordance with all applicable laws, rules, and regulations. Specifically in the case of requests for sewage and septic systems, written approval from both the state health department and the County Environmental Health Department, (if the site is located in an unincorporated area), or the City within whose jurisdiction the site is located and/or the Texas Commission on Environmental Quality (TCEQ), Region 4 Office located in Arlington, Texas must accompany the request to the District Engineer. State Health Department regulations require, that all septic systems should not be located within a minimum of 75 feet from the lake water surface at the uncontrolled spillway elevation. Please contact the Elm Fork Project Office for specific details concerning flowage easement requirements, controlling elevations and requirements for submitting an application.

Permit Applications

All requests for construction or placement of any structure or facility on flowage easement land must include:

A letter of application
Detailed design plans of construction (4 copies)
A plat map showing the location of proposed action, and the relationship with the Government boundary and lake shore (4 copies).
Written approval from any other agencies as noted previously.

Please address all permit applications or other correspondence to : Lake Manager, Elm Fork Project office, 1801 N. Mill St. Lewisville, TX 75067.

Applications cannot be processed until all this information is complete.

Uses of Public Land which are prohibited

Below is a list of the most common misuses of public land. More information can be found in Code of Federal Regulations Title 36.

Use public lands for any type of private exclusive use or use that give the appearance of such.
Place unattended personal property of any kind on public land.
Moor a boat or any other floating devices.
Construct buildings, roads, improved pathways, or any other facilities on public land.
Restrict public access to public land either verbally, by posting signs, or by any other method.
Operate vehicles on public land, except on paved roads and in authorized access points.
Launch or retrieve boats with motorized vehicles except at public boat ramps. (You may hand carry small boats to launch or retrieve them from all but restricted areas of the shoreline.)
Camp on public land, except in designated areas.
Dispose of household garbage or any other debris on public land.
Have fires on public land, except in authorized receptacles.
Gather fallen timber for firewood, except in park areas for authorized use.
Allow horses, cattle, or other livestock on public land, except by lease from the Government or as otherwise permitted.
Destroy, alter, or remove any facility, vegetation, or natural feature.

Considerations before buying adjacent property

Before purchasing land adjacent to Grapevine Lake, there are three items which should be checked to determine if the land is suitable for the uses you intend for it:

1) Check to see if the upper extent of flowage easement and the Government property line are identified. The person selling the land when the property lines are surveyed usually does this. If they are not identified, contact the U.S. Army Corps of Engineers at this office.

2) Contact the local city or county Environmental Health Department for information and requirements for submitting a permit for a septic system, testing, and design requirements.

3) Establish on the ground whether or not there is enough space ABOVE the upper extent of flowage easement on which to place a mobile home or construct a house with a septic system. After the land is purchased, apply for all necessary permits, licenses and contracts well in advance of construction.

We are engaged in preserving and restoring natural scenic beauty at The Elm Fork Lakes (Lewisville, Grapevine and Ray Roberts), and we appreciate your participation in this effort on both Federal owned and flowage easement lands. Your cooperation will assist us in providing a healthy ecosystem managed environment that will provide and protect the quality of, air, land and water, and a variety of plants and animals that contribute to our personnel, social and economic well being for future generations.