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R-12-08-23-F1 - 8/23/2012 RESOLUTION NO. R-12-08-2341 WHEREAS, on hWe A V S012-, the U.S. Fish and Wildlife Service ("Service") published a proposed rule to list the Georgetown salamander, Jollyville Plateau salamander, and Salado salamander ("Salamanders") as endangered/threatened under the Federal Endangered Species Act("ESA"); and WHEREAS, the Service states that populations of the Salamanders are declining and in danger of extinction due to increased development, declining water quality, and declining water quantity; and WHEREAS, in recognition of the RHCP conservation actions that benefit the species, the Service had reduced the Georgetown salamander's Listing Priority Number from a 2 to an 8, indicating that there is no imminent threat to the species; and WHEREAS, listing the Salamanders under the ESA will result in additional federal regulatory compliance requirements for development projects within the City of Round Rock, increasing the cost of development; and WHEREAS, increasing the cost of development will reduce the number of homes built and increase the cost to own a home, decreasing the City's tax base,jeopardize the City's ability to attract jobs and investments, and generally hinder economic growth; and WHEREAS, independent review of past and current Service and City of Austin Salamander data demonstrates that prior theories of Salamander decline are not statistically valid, and despite an increase in development throughout Central Texas, the Salamanders exist in essentially all of their known historic range and new locations continue to be found; and WHEREAS, independent testing has shown that water quality and stream sediment have shown no degradation even in highly-developed areas; and WHEREAS, there is substantial disagreement regarding the sufficiency or accuracy of the available data, which warrants an extension of the one-year period before the Service publishes a final listing decision; and O:\wdox\SCCInts\0112\1204\MU CIPAL\00256550.DOC WHEREAS, the City of Round Rock already has water quality regulations in place; and WHEREAS, as part of the Service-approved Williamson County Regional Habitat Conservation Plan ("RHCP"), the Williamson County Conservation Foundation ("Foundation") is in the middle of a 5-year study of the Georgetown salamander and will soon initiate a study of the Jollyville Plateau salamander in the coming months; and WHEREAS, based on the questionable sufficiency or accuracy of the studies the Service is basing their decisions on, independent studies that show that water quality has not been impacted and that there are healthily and numerous salamander populations in the County, and that the Foundation's studies, which will generate statistically valid data on the Salamander populations in Williamson County, have not been completed,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council of the City of Round Rock opposes the Service's proposed rule to list the Georgetown salamander, Jollyville Plateau salamander, and Salado salamander as endangered/threatened under the Endangered Species Act. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of August, 2012. ATTEST: City of Round Rock, Texas -eM &Z t gypFo '' J • OA. SARA L. WHITE, City Clerk 2 i re ROUND ROCK,TEXAS City Council Agenda Summary Sheet PURPOSE.PASSION.PROSPERITY. x Agenda Item No. F1. Consider a resolution opposing the U.S. Fish and Wildlife Service's Proposed Rule to list i three salamander species that occur in Williamson County as Endangered or Threatened 9 Agenda Caption: under the Endangered Species Act. Meeting Date: August 23, 2012 Department: Administration Staff Person making presentation: Laurie Hadley ( Assistant City Manager f f G Item Summary: t i As you are aware, the U.S. Fish & Wildlife Service (USFWS) is proceeding with the process to consider listing the three (3) species of salamanders in Williamson County as endangered or threatened. As part of that process, USFWS is required to hold a Public Hearing to solicit local comments and opinions on the proposed listing of both the species and the designation of critical habitat. The Williamson County Public Hearing is scheduled for September 5, 2012 (see attached hearing Notice). We are requesting your support and attendance at the Public Hearing to Q�Se_the listings of the salamanders. Williamson County will be making a formal presentation at the Hearing. Below is information on why we are opposed to the listing: • Salamander surveys and data gathered over the years by the City of Austin are faulty. • Independent studies by two (2) UT researchers have shown that the statistical analysis and sampling were not scientifically conducted and the assumptions derived are not accurate. In addition, rainfall occurrence—one of the most important variables in the salamander population—was not included in any of the City's studies. • New growth and development have not harmed or impacted the salamander population or the water quality of the springs and their habitat. o Recent surveys show both a healthy and increasing population o Water quality and sediment analysis show no toxins or harmful residues affecting the salamander—even in built environments such as SH 45 at RM 620 and along Spicewood Springs Road between Loop 1 and Mesa Drive. • Existing water quality standards by TCEQ for the Northern Edwards Aquifer as well as local subdivision and water quality standards assure all new developments and public projects are built to higher standards than the past— further protecting the streams, springs and drainage areas. • The Northern Edwards Aquifer is hydrologically and geologically different than the Southern Edwards Aquifer. There are a large number of springs and seeps in Williamson County and the drainage areas for those features are relatively small. There is no reason to define an excessively large portion of Williamson County as critical habitat for the salamanders. • The salamanders are not endangered or threatened. There is no imminent danger to the three (3) species of salamanders. Cost: N/A r Date of Public Hearing(if required): N/A k Recommended Action: Approval (