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CM-2018-1996 - 12/20/2018ELECTRONICALLY E ORDED 2019000728 Williamson County, Texas Total Pages: 6 DEED RECORDATION AFFIDAVIT 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, a Texas home -rule municipality, who, being duly swom by me, deposes and says: (1) That my name is LAURIE HADLEY, City Manager 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 November 30, 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: La Frontera Re Plat Section I and 2, Lot 9 Resub, Lot 1 Acres 2. CITY OF ROUND ROCK, TEXAS, 1 By: . LAURIE HADL "Y, City Mana#r Affiant for Landowning Entity SWORN AND SUBSCRIBED TO before me on this 2Aay of December, 2018. ry Public, Stat f Texas THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, on this day personally appeared LAURIE HADLEY, 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 expr , ed, and in the capacity indicated. GIVEN under my hand an�gfilfof office on this day of December, 2018. Ui:11'1�i��i v otary Public, Ige of T s • Printed Notary me: Commission Expiration: 12g251O0• 2019000728 Page 2 of 6 Jon Nlermarm, Chairman Emily Lindley. Commissioner Toby Baker, Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas !ry Reducing and Preventing Pollution November 30, 2018 Mr. Aneil Naik City of Round Rock — General Services Department 212 Commerce Cove Round Rock, Texas 78664 Re: Edwards Aquifer, Williamson County NAME OF PROJECT: City of Round Rock Fire Station 3 TYPE OF PLAN: Request for Approval of an Exception Request Application (EXP) 3o Texas Administrative Code (TAC) Chapter 213 Edwards Aquifer Edwards Aquifer Protection Program ID No. 11001320; Regulated Entity No. RNl10521531 Dear Mr. Naik: The Texas Commission on Environmental Quality (TCEQ) has completed its review of the EXP Application for the above -referenced project submitted to the Austin Regional Office by 2P Consultants, LLC. on behalf of City of Round Rock General Services Department on October 19, 20x8. As presented to the TCEQ, the Temporary and Permanent Best Management Practices (BMPs) were selected and construction plans were prepared by a Texas Licensed Professional Engineer to be in general compliance with the requirements of 3o 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 so percent of the construction has commenced on the project or an extension of time has been requested. BACKGROUND A regional water quality wet basin was approved under Edwards Aquifer Protection Program (EAPP) ID No. 11-00050,502, dated June 19, 2000. Exhibit "A" TCEQ Region 11 • P.O. Box 13087 • Austin, Texas 787113087 • 512.339.2929 - Fax 512.3393795 -- Austin Headquarters: 512 239 1000 • tceq.texas gov • How Is our customer service? tceq.texas.gov, customersurvey cr . 2019000728 Page 3 of 6 Mr. Aneil Naik Page 2 November 30, 2o18 The proposed non-residential project will have an area of approximately 2.00 acres. It will include the construction of a fire station with corresponding infrastructure. The impervious cover will be 1.24 acres (62 percent). Project wastewater will be disposed of by conveyance to the existing Brushy Creek Regional Wastewater Treatment Plant. To prevent the pollution of stormwater runoff originating on-site or upgradient of the site and potentially flowing across and off the site after construction, a regional wet basin, designed using the TCEQ technical guidance document, CoMI% ing with the Edwards Aq i r Rules: Technical Guidance on Best Management Practices f20os1. was constructed to treat stormwater runoff. As noted in the Approval Letter for EAPP I D No. 11-00050502 dated .lune ig, 2000, the pond was designed to treat up to 8o% impervious cover. The proposed impervious cover for this project is 62%. The approved measures meet the required 8o percent removal of the increased load in TSS caused by the project. GEOLOGY An exception to the Geologic Assessment was granted as the project is located in a developed area. A site assessment conducted by the Austin Regional Office on November 27, 2018 did not locate any sensitive features. STANDARD CONDMON5 1. Pursuant to Chapter 7 Subchapter C of the Texas Water Code, any violations of the requirements in 3o TAC Chapter 213 may result in administrative penalties. 2. The holder of the approved Edwards Aquifer protection plan must comply with all provisions of 3o TAC Chapter 213 and all best management practices and measures contained in the approved plan. Additional and separate approvals, permits, registrations and/or authorizations from other TCEQ Programs (i.e., Stormwater, Water Rights, UIC) can be required depending on the specifics of the plan. 3. In addition to the rules of the Commission, the applicant may also be required to comply with state and local ordinances and regulations providing for the protection of water quality. Prior to Commencement of Construction: 4. Within 6o 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-o625) that you may use to deed record the approved WPAP is enclosed. 5. 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. Exhibit "A" 2019000728 Page 4 of 6 Mr. Aneil Naik Page 3 November 30, 2018 6. 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. 7. 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 commence, 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. 8. 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 E&S controls may be removed when vegetation is established and the construction area is stabilized. If a water quality pond is proposed, it shall be used as a sedimentation basin during construction. 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. g. 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: 10. During the course of regulated activities related to this project, the applicant or agent shall comply with all applicable provisions of 3o 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. 11. 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. Refer to Standard Condition No. 6, above. 12. 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. 13. No wells exist on site. All water wells, including injection, dewatering, and monitoring wells must be in compliance with the requirements of the Texas Department of Licensing and Regulation under Title 16 TAC Chapter 76 (relating to Water Well Drillers and Pump Installers) and all other locally applicable rules, as appropriate. Exhibit "A" 2019000728 Page 5 of 6 Mr. Aneil Naik Page 4 November 30, 2018 14. 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 5o percent. Litter, construction debris, and construction chemicals shall be prevented from becoming stormwater discharge pollutants. 15. Discharges of sediment laden water are not allowed. If dewatering becomes necessary, the discharge will be filtered through appropriately selected best management practices. 16. 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. 17. 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. After Completion of Construction: 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. ig. An Edwards Aquifer protection plan approval or extension will expire and no extension will be granted if more than 5o 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 locations 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. 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. James "Bo" Slone, P.G. of the Edwards Aquifer Protection Program of the Austin Regional Office at (512) 339-2929• Sincerely, Robert Sadlier, Water Section Team Leader Austin Region Office Texas Commission on Environmental Quality Exhibit "A" 2019000728 Page 6 of 6 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2019000728 Pages- 6 Fee- $37.00 01/03/2019 12.58 PM i'r.,l AS EtpF-7- . Nancy E. Rister,County Clerk Williamson County,Texas City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing a Deed Recordation Affidavit for the Fire Station No. 3 Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 12/21/2018 Dept Director: Chad McDowell, General Services Director Cost: Indexes: Attachments: Deed Recordation Aff (TCEQ) -Fire Station No. 3 (12.14.18) (00415043xA08F8), L AF Department: General Services Department Text of Legislative File CM -2018-1996 TCEQ Requirement, State application for Water Quality Exception Application Approval. City of Round Rock Page i Printed on iV1912on