CM-2018-1690 - 4/13/2018ELECTRONICALLY RECORDED 2098039668
Williamson County, Texas Total Pages: 2
DEED RECORDATION AFFIDAVIT
Edwards Aquifer Protection Plan
THE, STATE OF TEXAS §
COUNTY OF TRAVIS §
COUNTY OF WIMLIAMSON §
BEFORE ME, the undersigned authority, on this day personally appeared LAURIE HADLEY, City
Manager, City of Round Rock, aexas home -rule municipality, who, being duly sworn by me, deposes and says:
(1) That my name is L ZY, Gib-Moaag& for the City of Round Rock, Texas, and that
I am authorized to and do certify and attest that the CITY OF ROUND ROCK, TEXAS owns the
real property described below.
(2) That said real property is subject to an EDWARDS AQUIFER PROTECTION PLAN which was
required under 30 Texas Administrative Code (TAC) Chapter 213.
(3) That the EDWARDS AQUIFER PROTECTION PLAN for said real property was approved by
the Texas Commission on Environmental Quality (TCEQ) on February 28 2018
A copy of the letter of approval from the TCEQ is attached to this affidavit as Exhibit "A" and is
incorporated herein by reference.
(4) The said real property is located in Williamson County, Texas, and the legal description of the
property is as follows: Lot 4, Luther Peterson Subdivision, Cobinot M Slide 75, Document
#1995034620.
CITE ROUND ROCK, TEXAS,
y; MAY, Ser` 6frt
Affiant for Landowning Entity +a'� AA`
SWORN AND SUBSCRIBED TO before me on this f � day or April, 2018.
Notary Publi , tate of Texas
THE STATE OF TEXAS
COUNTY OF WMLIAMSON § J�Maw WI
BEFORE ME, the undersigned authority, on this day personally appeared L Y, known to
me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed same for the purposes and consideration therein Jex rTaw"' , and in the capacity indicated.
GIVEN under mxJinErJ► seal oCoffice on this!f April, 2018.
v�;::....••no
•i��
. 2&AaY
• — Notary Pubg State of
? m = Printed Notary Name:
�N AJ O&L-T
4T�y Commission Expiration: • 2 . Z2.
001997%wal
2018031668 Page 2 of 2
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2018031668
Pages:2 Fee: $21.00
_0411612018 03.11 PM
Nancy E. Rister,County Clerk
Williamson County,Texas
DEED RECORDATION AFFI DAVIT
Edwards Aquifer Protection Plan
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
COUNTY OF WILLIAMSON §
BEFORE ME, the undersigned authority, on this day personally appeared LAURIE HADLEY, City
Manager, City of Round Rock, aexas home -rule municipality, who, being duly sworn by me, deposes and says:
�+ WriiliiMs, Ihss-4-.Gr:t� Nvjr.
(1) That my name is L+Y, C44y�z for the City of Round Rook, Texas, and that
I am authorized to and do certify and attest that the CITY OF ROUND ROCK, TEXAS owns the
real property described below.
(2) That said real property is subject to an EDWARDS AQUIFER PROTECTION PLAN which was
required under 30 Texas Administrative Code (TAC) Chapter 213.
(3) That the EDWARDS AQUIFER PROTECTION PLAN for said real property was approved by
the Texas Commission on Environmental Quality (TCEQ) on February 28, 2018
A copy of the letter of approval from the TCEQ is attached to this affidavit as Exhibit "A" and is
incorporated herein by reference.
(4) The said real property is located in Williamson County, Texas, and the legal description of the
property is as follows: Lot 4, Luther Peterson Subdivision, Cabinet M Slide 75, Document
#I995034620.
CJTV f�ROUND ROCK, TEXAS,
1-fli', C -t �r
Affiant for Landowning Entity A"S&4s � 'Aj
SWORN AND SUBSCRIBED TO before me on this ?_v day of April, 2018.
Notary Publi , tate of Texas
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
BEFORE ME, the undersigned authority, on this day personally appeared L - Y, known to
me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that Ire
executed same for the purposes and consideration therein ex re d, and in the capacity indicated.
GIVEN under ?1Wi�ifli iR1!d seal of office on this/ day of April, 2018.
003992841.12
&M'2C0"10z*)
Ak
+No�takryPub State of LTxys
Printed Notary Name:1�
Commission Expiration:31 e?".
Bryan W. Shaw, Ph.D., P.E., Chairman
Toby Baker, Commissioner
Jon Niermann, Commissioner
Richard A. Hyde, P.E., Executive Director
TEXAS COMMISSION ON EWRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
February 28, 2018
Mr. Travis Wilkes
City of Round Rock
212 Commerce Cove
Round Rock, Texas 78664
Re: Edwards Aquifer, Williamson County
Luther Peterson Service Center, 3.100 Sunrise Road; Round Rock, Texas
Request for Approval of a Water Pollution Abatement Plan (WPAP) and Organized
Sewage Collection System Plan (SCS)
30 Texas Administrative Code (TAC) Chapter 213 and Chapter 217 Edwards Aquifer
Edwards Aquifer Protection Program ID No. 11000930 & 1; RN102766417
Dear Mr. Wilkes:
The Texas Commission on Environmental Quality (TCEQ) has completed its review of the
WPAP and SCS Applications for the above -referenced project submitted to the Austin
Regional Office by Jacobs on behalf of City of Round Rock on November 27, 2017. Final
review of the WPAP/SCS submittal was completed after additional material was received on
February 12 and 20, 2018. As presented to the TCEQ, the Temporary and Permanent Best
Management Practices (BMPs) and construction plans were prepared by a Texas licensed
professional engineer to be in general compliance with the requirements of 30 TAC Chapter
213. These planning materials were sealed, signed, and dated by a Texas licensed
professional engineer. Therefore, based on the engineer's concurrence of compliance, the
planning materials for construction of the proposed project and pollution abatement
measures are hereby approved subject to applicable state rules and the conditions in this
letter. The applicant or a person affected may file with the chief clerk a motion for
reconsideration of the executive director's final action on this Edwards Aquifer Protection
Plan. A motion for reconsideration must be filed no later than 23 days after the date of this
approval letter. This approval expires two (2) years From the date of this letter unless, prior to
the expiration date, more than 10% of the construction has commenced on the project or an
extension of time has been requested.
PROJECT DESCRIPTION
The proposed project will add to an existing area of light industrial development. This new
City of Round Rock campus will be composed of administrative, operations, and
maintenance buildings to include street improvements, driveways, parking lots, utilities and
other ancillary impervious cover, which connect to water quality devices via storm sewer.
Other City facilities exist nearby on Luther Peterson Place. The project site contains
approximately 15.6 acres within the Brushy Creek watershed. The project will be built
initially in Phase 1, with expansion of building footprints in Phase 2. The project is planned
for up to 10.4 acres of impervious cover and includes Phase 2 construction.
TCEQ Region 11 • P.O. Box 13087 • Austin, Texas 78711-3087 • 512-339.2929 • Fax 512339-3795
Austin Headquarters: 512-239.1000 • tceq.texas.gov • How is our customer service? tceq.texas.gov:'customersurvey
Mr. Travis Wilkes
February 28, 2018
Page 2
This proposed sewage collection system (SCS) project features a set of gravity wastewater
lines, with proposed pipe of 8 -inch diameter PVC SDR 26, and a total length of 942 linear
feet. The system will be connected to existing City of Round Rock wastewater lines for
conveyance to the Brushy Creek Regional Wastewater Treatment Plant for treatment and
disposal. The project is located within the City of Round Rock and will conform to all
applicable codes, ordinances, and requirements of the City of Round Rock.
PERMANENT. POLLUTION ABATEMENT MEASURES
To prevent pollution of stormwater runoff originating on-site or up -gradient of the site and
potentially flowing across and off the site after construction, ten StormTrooper units will be
installed, using the TCEQ technical guidance document Complying with the Edwards Aquifer
Rules: Technical Guidance on Best Management Practices (2005), to treat stormwater runoff.
The campus will have a curb and gutter system to collect the stormwater. A small portion of
land offsite will also be treated. The individual treatment measures will consist of six
StormTrooper units, Model SWAQ-40 with 2250 gpm capacity and 4 plate columns and four
StormTrooper units, Model SWAQ-110 with 4000 gpm capacity and 6 plate columns. The
treated water will be conveyed in and combined with excess runoff to be diverted into
further storm sewers and on to the Brushy Creek watershed.
The required total suspended solids (TSS) treatment for this project is 9067 pounds of TSS
generated from the additional 10.4 acres of impervious cover. The approved measures meet
the required 80 percent removal of the increased load in TSS caused by the project.
Treatment design calculations were sealed by Kyle Worrell, P.E., on February 16, 2018 to
demonstrate the total treatment load removal to exceed the required additional total
suspended solids (TSS) Ioading.
In addition to the described activities, temporary erosion and sedimentation controls will be
installed prior to commencing site disturbance and maintained during construction.
GEOLOGY
According to the Geologic Assessment, the site contains the Quaternary alluvium underlain
by the Georgetown Formation, and any outcrops are obscured by vegetative cover. TCEQ
conducted a site assessment on January 22, 2018. The site was being utilized as a
recreational soccer ballpark. No sensitive features were identified within the property and
none were observed. The site is generally as described in the GA.
SPECIAL CONDITIONS
All sediment and"or media removed from the Stormtroopers during maintenance
activities shall be properly disposed of according to 30 TAC 330 or 30 TAC 335, as
applicable.
II. All permanent pollution abatement measures shall be operational and Standard
Condition No. 16 satisfied prior to occupancy.
Mr. Travis Wilkes
February 28, 2018
Page 3
III. The issuance of this authorization does not grant the applicant and plan holder(s) the
right to use private or public property for conveyance of stormwater along the
discharge route. This includes any property belonging to any individual, partnership,
corporation or any other entity. It is the responsibility of the applicant and any plan
holder(s) to acquire any rights that may be necessary to use the property of or along
the discharge route for conveyance of stormwater.
STANDARD CONDITIONS
1. Pursuant to Chapter 7 Subchapter C of the Texas Water Code, any violations of the
requirements in 30 TAC Chapter 213 may result in administrative penalties.
Prior to Commencement of Construction:
2. Within 60 days of receiving written approval of an Edwards Aquifer Protection Plan,
the applicant must submit to the Austin Regional Office, proof of recordation of
notice in the county deed records, with the volume and page number(s) of the county
deed records of the county in which the property is located. A description of the
property boundaries shall be included in the deed recordation in the county deed
records. A suggested form (Deed Recordation Affidavit, TCEQ 0625) that you may
use to deed record the approved WPAP is enclosed.
3. All contractors conducting regulated activities at the referenced project location shall
be provided a copy of this notice of approval. At least one complete copy of the
approved WPAP and this notice of approval shall be maintained at the project
location until all regulated activities are completed.
4. Modification to the activities described in the referenced WPAP application following
the date of approval may require the submittal of a plan to modify this approval,
including the payment of appropriate fees and all information necessary for its
review and approval prior to initiating construction of the modifications.
The applicant must provide written notification of intent to commence construction,
replacement, or rehabilitation of the referenced project. Notification must be
submitted to the Austin Regional Office no later than 48 hours prior to
commencement of the regulated activity. Written notification must include the date
on which the regulated activity will continence, the name of the approved plan and
program ID number for the regulated activity, and the name of the prime contractor
with the name and telephone number of the contact person. The executive director
will use the notification to determine if the approved plan is eligible for an extension.
G. Temporary erosion and sedimentation (E&S) controls, i.e., silt fences, rock berms,
stabilized construction entrances, or other controls described in the approved WPAP,
must be installed prior to construction and maintained during construction.
Temporary US controls may be removed when vegetation is established and the
construction area is stabilized. The TCEQ may monitor stormwater discharges from
the site to evaluate the adequacy of temporary E&S control measures. Additional
controls may be necessary if excessive solids are being discharged from the site.
Mr. Travis Wilkes
February 28, 2018
Page 4
7. All borings with depths greater than or equal to 20 feet must be plugged with non -
shrink grout from the bottom of the hole to within three (3) feet of the surface. The
remainder of the hole must be backfilled with cuttings from the boring. All borings
less than 20 feet must be backfilled with cuttings from the boring. All borings must
be backfilled or plugged within four (4) days of completion of the drilling operation.
Voids may be filled with gravel.
During Construction:
8. During the course of regulated activities related to this project, the applicant or agent
shall comply with all applicable provisions of 30 TAC Chapter 213, Edwards Aquifer.
The applicant shall remain responsible for the provisions and conditions of this
approval until such responsibility is legally transferred to another person or entity.
9. This approval does not authorize the installation of temporary aboveground storage
tanks on this project. If the contractor desires to install a temporary aboveground
storage tank for use during construction, an application to modify this approval
must be submitted and approved prior to installation. The application must include
information related to tank location and spill containment.
10. If any sensitive feature (caves, solution cavities, sink holes, etc.) is discovered during
construction, all regulated activities near the feature must be suspended
immediately. The applicant or his agent must immediately notify the Austin Regional
Office of the discovery of the feature. Regulated activities near the feature may not
proceed until the executive director has reviewed and approved the methods
proposed to protect the feature and the aquifer from potentially adverse impacts to
water quality. The plan must be sealed, signed, and dated by a Texas licensed
professional engineer.
11. If sediment escapes the construction site, the sediment must be removed at a
frequency sufficient to minimize offsite impacts to water quality (e.g., fugitive
sediment in street being washed into surface streams or sensitive features by the
next rain). Sediment must be removed from sediment traps or sedimentation ponds
not later than when design capacity has been reduced by SO percent. Litter,
construction debris, and construction chemicals shall be prevented from becoming
stormwater discharge pollutants.
12. Intentional discharges of sediment laden water are not allowed. If dewatering
becomes necessary, the discharge will be filtered through appropriately selected best
management practices. These may include vegetated filter strips, sediment traps,
rock berms, silt fence rings, etc.
13. The following records shall be maintained and made available to the executive
director upon request: the dates when major grading activities occur, the dates when
construction activities temporarily or permanently cease on a portion of the site, and
the dates when stabilization measures are initiated.
Mr. Travis Wilkes
February 28, 2018
Page 5
14. Stabilization measures shall be initiated as soon as practicable in portions of the site
where construction activities have temporarily or permanently ceased, and
construction activities will not resume within 21 days. When the initiation of
stabilization measures by the 14th day is precluded by weather conditions,
stabilization measures shall be initiated as soon as practicable.
1S. No part of the system shall be used as a holding tank for a pump -and -haul operation.
After Completion of Construction -
16. A Texas licensed professional engineer must certify in writing that the permanent
BMPs or measures were constructed as designed. The certification letter must be
submitted to the Austin Regional Office within 30 days of project completion.
17. The applicant shall be responsible for maintaining the permanent BMPs after
construction until such time as the maintenance obligation is either assumed in
writing by another entity having ownership or control of the property (such as
without limitation, an owner's association, a new property owner or lessee, a district,
or municipality) or the ownership of the property is transferred to the entity. The
regulated entity shall then be responsible for maintenance until another entity
assumes such obligations in writing or ownership is transferred. A copy of the
transfer of responsibility must be filed with the executive director through Austin
Regional Office within 30 days of the transfer.
18. Upon legal transfer of this property, the new owner(s) is required to comply with all
terms of the approved Edwards Aquifer protection plan. If the new owner intends to
commence any new regulated activity on the site, a new Edwards Aquifer protection
plan that specifically addresses the new activity must be submitted to the executive
director. Approval of the plan for the new regulated activity by the executive director
is required prior to commencement of the new regulated activity.
19. An Edwards Aquifer protection plan approval or extension will expire and no
extension will be granted if more than 50 percent of the total construction has not
been completed within ten years from the initial approval of a plan. A new Edwards
Aquifer protection plan must be submitted to the Austin Regional Office with the
appropriate fees for review and approval by the executive director prior to
commencing any additional regulated activities.
20. At project Iocations where construction is initiated and abandoned, or not
completed, the site shall be returned to a condition such that the aquifer is protected
from potential contamination.
21. Certification by a Texas licensed Professional Engineer of the testing of sewage
collection systems required by 30 TAC Chapter 213 and Chapter 217 shall be
submitted to the Austin Regional Office within 30 days of test completion and prior
to the new sewage collection system being put into service.
Mr. Travis Wilkes
February 28, 2018
Page 6
Every five years after the initial certification, the sewage collection system shall be
retested. Any lines that fail the test must be repaired and retested. Certification that
the system continues to meet the requirements of 30 TAC Chapter 213 and Chapter
217 shall be submitted to the Austin Regional Office. The certification should
include the project name as it appeared on the approved application, the program ID
number and two copies of a site plan sheet(s) indicating the wastewater lines that
were tested and are being certified as complying with the appropriate regulations.
22. If ownership of this organized sewage collection system is legally transferred (e.g.,
developer to city or Municipal Utility District), the new owner(s) is required to comply
with all terms of the approved Edwards Aquifer protection plan. If the new owner
intends to commence any new regulated activity on the site, a new Edwards Aquifer
protection plan that specifically addresses the new activity must be submitted to the
executive director. Approval of the plan for the new regulated activity by the
executive director is required prior to commencement of the new regulated activity.
This action is taken under authority delegated by the Executive Director of the Texas
Commission on Environmental Quality. If you have any questions or require additional
information, please contact Mr. Kevin Lee Smith, P.E. of the Edwards Aquifer Protection
Program of the Austin Regional Office at (512) 339-2929.
Sincerely,
I a�—
Robert Sadlier, Water Section Team Leader
Austin Region Office
Texas Commission on Environmental Quality
RCS/kls
Enclosures: Deed Recordation Affidavit, Form TCEQ 0625
Change in Responsibility for Maintenance of Permanent BMPs, Form TCEQ•
10263
cc: Ms. Alysha Girard, P.E., Storm Water Manager, City of Round Rock
Mr. Terron Evertson, P.E., County Engineer, Williamson County, Georgetown
Mr. Kevin Hunt, P.E., Jacobs, 911 San Antonio
City of Round Rock
JRaOUN*O ROCK
Agenda Item Summary
Agenda Number:
Title: Consider executing a Deed Recordation Affidavit for the Luther Peterson
Service Center Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/13/2018
Dept Director: Chad McDowell, General Services Director
Cost:
Indexes:
Attachments: 04122018 1057, LAF - Deed Recordation Aff (TCEQ) (00399293xA08F8)
Department: General Services Department
Text of Legislative File CM -2018-1690
Consider executing a Deed Recordation Affidavit for the Luther Peterson Service Center
Project.
City of Round Rock Page 1 Printed on 4/12/2018