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CM-2020-099 - 4/10/2020ELECTRONICALLY RECORDED 2020037098 Williamson County, Texas Total Pages: 9 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 sworn 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 EDWARRDS 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 August 2, 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: 6.8 acres of land out of the J.M. Harrell Survey located on Frontier Trail between Chisholm Valley Drive and Lasso Drive. CITY OF ROUND ROCK, TEXAS, By: LAURIE HAD11Y, City Manag6r A6ay ffantfor Landowning Entity SWORN AND SUBSCRIBED TO before me on this -1 of April, 2020. Ax, '�' 4'1ZAA4'1(11— Notary Publi , . tate of 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 expressed, and in the capacity indicated. GIVEN under my, ipi 1. of office on this &day of April, 2020. 0210442346 It i-020}.C-'et-rj Notary Publi tate 2�/ Printed Notary Nameis Commission Expiration: 2020037098 Page 2 of 9 Bn'an lt'. Shau, Ph.D., P.E., Chairnnm TE d Toby Baker, Commissioner ` .0 Jon Niermann, Commissioner ! �} Cn/ Stephanie Bergeron Perdue, Interim Eyecuth,e Director / TExAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas in -Reducing and Preventing Pollution August 2, 2018 Ms. Katie Baker City of Round Rock 221 East Main Street Round Rock, TX 78664 Re: Edwards Aquifer, Williamson County NAME OF PROJECT: Frontier Park Improvement 2018; Located on Frontier Trail betivLen Chisohn Valley Dr. and Lasso Dr.; Round Rock, Texas TYPE OF PLAN: Request for Approval of an Exception to a Water Pollution Abatement Plan (WPAP -XP); 30 Texas Administrative Code (TAC) Chapter 213 Edwards Aquifer Edwards Aquifer Protection Program ID No. 11001131; Regulated Entity No. RN110407111 Dear Ms. Barer: The Texas Commission on Environmental Quality (TCEQ) has completed its review of the WPAP EXP Application for the above -referenced project submitted to the Austin Regional Office by the City of Round Rock on May 30, 2018. As presented to the TCEQ, the Temporary and Permanent Best Management Practices (BAIPs) were selected 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 far 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 percent of the construction has commenced on the project or an extension of time has been requested. PROTECT DESCRIPTION The proposed park project will have an area of approximately 6.97 acres. It will include the removal of existing 8 ft. wide asphalt trail and concrete slabs and installation of new concrete slabs and a S ft. wide, looping concrete trail. The impervious cover will be 0.87 acres (12.56 percent). No wastewater is generated by this project. Eit ■ I�il.7r >r •j TCEQ Region 11 • P.O. Box 13087• Austin, Texas 78711-3087 • 512.339-2929 • Fax 512.339-3795 Austin Headquarters: 512.239.1000 • tceq.texas.gov • How is our customer sertice? tceq.texas.gov/customersurvey pr(nred an rop LIcd P4rkf 2020037098 Page 3 of 9 Ms. Baker Page 2 August 2, 2018 PEKIANENT POLLUTION ABATEMENT NIEASU ES 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, vegetated filter strips, designed using the TCEQ technical guidance document, Complvins with the Edwards Aquifer Rules: Technical Guidance on Best Management Practices (2005) will be constructed to treat stormwater runoff. The required total suspended solids (TSS) treatment for this project is 87 pounds of TSS generated from the 0.1 acres of new impervious cover. The approved measures meet the required 80 percent removal of the increased load in TSS caused by the project. GEOLOGY According to the Geologic Assessment included with the application, no sensitive features were found on site. The Austin Regional Office site assessment conducted on July 24, 2018 revealed the site to be as described in the application. SPECLU CONDITIONS I. All permanent pollution abatement measures shall be operational prior to occupancy of the facility. II. All sediment and/or media removed from the water quality basin during maintenance activities shall be properly disposed of according to 30 TAC 330 or 30 TAC 335, as applicable. STANDARD CONDITIONS I. 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. 2. The holder of the approved Edwards Aquifer protection plan must comply with all provisions of 30 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, MC) 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 "Ith state and local ordinances and regulations providing for the protection of water quality. Prior to Commencement 4 Construction: 4. 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. 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. 202003709e Page 4 of 9 Ms. Baker Page 3 August 2, 2018 G. 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 11VPAP, 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. 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. 9. 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 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. 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. G, 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 east 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. 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 2020037098 Page 5 of 9 Ms. Baker Page 4 August 2, 2018 removed from sediment traps or sedimentation ponds not later than when design capacity has been reduced by 50 percent. litter, construction debris, and construction chemicals shall be prevented from becoming stormwater discharge pollutants. 15. Intentional discharges of sediment laden water are not allowed. If dew•atering becomes necessary, the discharge tivill be filtered through appropriately selected best management practices. These may include vegetated filter strips, sediment traps, rock berms, silt fence rings, etc. 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 loth day is precluded by weather conditions, stabilization measures shall be initiated as soon as practicable. After ComUIction of onstrurtion: 18. A Texas Licensed Professional Engineer must certify in writing that the permanent BAIPs or measures were constructed as designed. The certification letter must be submitted to the Austin Regional Office within 30 days of site completion. 19. The applicant shall be responsible for maintaining the permanent BAIN after construction until such time as the maintenance obligation is either assumed in writing by another entity having os%mership 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. A copy of the transfer form (TCEQ-10263) is enclosed. 20. 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. 21. 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. 22. 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. 2020037098 Page 6 of 9 Ms. Baker Page 5 August 2, 2018 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 Kyle Virr, P.E. 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 RCS/kmv Enclosure: Deed Recordation Affidavit, Form TCEQ-0623 Change in Responsibility for Maintenance of Permanent BDIPs, Form TCEQ-10263 cc: Mr. Brad Wiseman, Director of Planning, City of Round Rock: Mr. John H. Teel, M.S., R.S., Executive Director Williamson County and Cities Health District The Honorable Dan A. Gattis, Williamson County judge Mr. Terron Evertson, P.E., Williamson County Engineer 202003709E Page 7 of 9 THE STATE OF TEXAS § County of M Deed Recordation Affidavit Edwards Aquifer Protection Plan BEFORE ME, the undersigned authority, on this day personally appeared sworn by me, deposes and says: who, being duly That my name is and that I own the real property described below That said real property is subject to an EDWARDS AQUIFER PROTECTION PLANwhich was required under the 30 Texas Administrative Code (TAC) Chapter 213. That the EDWARDS AQUIFER PROTECTION PLAN for said real property was approved by the Texas Commission on Environmental Quality (TCEQ) on A copy of the letter of approval from the TCEQ is attached to this affidavit as Exhibit A and is incorporated herein by reference. The said real property is located in the property is as follows: LANDOWNER-AFFIANT SWORN AND SUBSCRIBED TO before me, on this _ day of THE STATE OF County of 0 NOTARY PUBLIC County, Texas, and the legal description of BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that executed same for the purpose and consideration therein expressed. GIVEN under my hand and sea(of office on this _ day of NOTARY PUBLIC Typed or Printed Name of Notary MY COMMISSION EXPIRES: TCEQ-0625 (Rev. 10101/04) 2020037098 Page 8 of 9 Change in Responsibility for Maintenance on Permanent Best Management Practices and Measures The applicant is no longer responsible for maintaining the permanent best management practice (BMP) and other measures. The project information and the new entity responsible for maintenance is listed below. Customer: Regulated Entity Name: Site Address: City, Texas, Zip: County: Approval Letter Date: BMPs for the project: - New Responsible Party: Name of contact: Mailing Address: City, State: Telephone: _ Signature of New Responsible Party Date FAX: Zip: I acknowledge and understand that I am assuming full responsibility for maintaining all permanent best management practices and measures approved by the TCEQ for the site, until another entity assumes such obligations in writing or ownership is transferred. If you have questions on how to fill out this form or about the Edwards Aquifer protection program, please contact us at 2101490-3096 for projects located In the San Antonio Region or 5121339-2929 for projects located In the Austin Region. Individuals are entitled to request and review their personal information that the agency gathers on its forms. They may also have any errors in their information corrected. To review such information, contact us at 512,239-3282. TCEO-10263 (10101/04) 2020037098 Page 9 of 9 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2020037098 Pages:9 Fee: $49.00 04/13/2020 12:29 PM r si Nancy E. Rister,County Clerk Williamson County,Texas City of Round Rock IOUND ROCK xas Agenda Item Summary Agenda Number: Title: Consider executing a Deed Recordation Affidavit for the Frontier Park Improvement Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 4/10/2020 Dept Director: Rick Atkins, Director Cost: $0.00 Indexes: 2014 General Obligation Bonds Attachments: Deed Recordation Affidavit - Frontier Park Improvement (0044307OxAO8F8), LAF - Deed Recordation Affidavit (TCEQ) -Frontier Park Improvement (00443069xA08F8) Department: Parks and Recreation Department Text of Legislative File CM-2020-099 The Frontier Park Improvement Project is located over the Edwards Aquifer Recharge Zone. In order to closeout the construction project, the City is filing a Deed Recordation Affidavit along with TCEQ Approval Letter. Signature by the City Manager is required for the completion of the Deed Recordation Affidavit. City of Round Rock Page 1 Printed on 41912020