CM-2022-094 - 4/24/2022WILLIAMSON
COUNTY
1848
Ccx ry t v
CONSERVATION fa rm i a nCw
WILLIAMSON COUNTY REGIONAL HABITAT CONSERVATION PLAN
PARTICIPATION AGREEMENT
This WILLIAMSON COUNTY REGIONAL HABITAT CONSERVATION PLAN
PARTICIPATION AGREEMENT (this "Participation Agreement") dated March 22, 2022, is entered
into by CITY OF ROUND ROCK, TEXAS (the "Participant" ), and the WILLIAMSON COUNTY
CONSERVATION FOUNDATION, a Texas non-profit corporation (the "Foundation".
BACKGROUND
Williamson County, Texas, and the Foundation are the permittees under federal Endangered
Species Act incidental take permit number TE-181840-1 dated October 21, 2008 (as amended August 30,
2013, hereinafter the "Permit"). The Permit authorizes "take" of certain listed species of wildlife occurring
in Williamson County in exchange for implementation of the Williamson County Regional flabitat
Conservation Plan (the "Plan"). The Foundation/Williamson County administers the Plan, which includes
granting participation rights to applicants who enter into participation agreements. Through participation
in the Plan, a participant receives authority for incidental "take" of listed species covered by the Permit, in
accordance with the terms and conditions of the Permit and this Participation Agreement. Incidental take
means take that results from, but is not the purpose of, carrying out an otherwise lawful activity. Participant
is the owner (or, if under tract is under contract, the reputed owner) of a tract or tracts of land (the
"Pro a ") located in Williamson Count}, Texas, and described on Exhibit "A" to this Participation
Agreement.
AGREEMENT
I. Grant Of Participation Rights And Obligations Of ParticiUnt. The
Foundation hereby grants to the Participant the right to participate in the Plan with respect to the
Participant's proposed activities on the Property. Exhibit "B" to this Participation Agreement
describes the Participant's proposed activities and the species to be covered under this Participation
Agreement. The Participant represents and warrants that the activities proposed to be covered
under this Participation Agreement will be carried out in full compliance %4ith all applicable laws
and regulations. This Participation Agreement covers only those activities described on Exhibit
B"". The Participant shall consult with the Foundation before deviating in any material respect
from the described activities. 1 his Parlicipation Agreement is entered into subject to all terms and
conditions of the Permit, the Plan, and applicable la« and regulations. and the Participant assumes
and agrees to be bound by all of such terms and conditions, including without limitation those
described on Exhibit "C" to this Participation Agreement.
e*f-20 22—C-f--14
;ooa uu046512 6;
2, Participation Fee. 'rhe Participant has paid to the Foundation the total sum of
$2.200.00 (Two Thousand Two Hundred and No Hundredths Dollars) as calculated in
accordance with the Plan with respect to the Participant's proposed activities on the Property.
3. WPM To Inspect. The Foundation, the County, and the U.S. Fish and Wildlife
Service shall have the right to inspect the Property in order to ensure compliance with the ternis of
this Participation Agreement
d. Breach By Participant The Foundation shall provide Participant written notice
specifying any breach of the terms of this Participation Agreement, and Participant shall have seven
(7) days thereafter, or such other length of time the Foundation agrees in writing. to cure said
breach. The Foundation, at its sole discretion and for good cause, including without limitation
Participant's failure to cure any breach within the applicable timeframc, nnay terminate this
Participation Agreement. Notification of breach and termination of participation rights shall be
made b) the Foundation to the Participant in writing at the address provided in Section 11.
5 Participant's Sole Recourse. In the event that this Participation Agreement is (i)
ineffective or deficient with respect to the Property or Participant's proposed activities for any
reason. or (d) terminated in accordance with the terms and provisions of this Participation
Agreement, Participant's sole recourse shall be to recover from the Foundation an amount not to
exceed [lie total sum referenced in Section 2 of this Participation Agreement, upon surrender and
termination of this Participation Agreement by Participant in ►vriting to the Foundation: provided,
Participant shall not be entitled to recover administrative fees front the Foundation.
6 Covenants Run With The Land: Recordation. Participant agrees that the
covenants provided herein are intended to be binding upon any heirs, successors, and assigns in
interest to the Property. Upon any transfer of any o%%nership interests to all or part of the Property.
this Participation Agreement shall not terminate as to the Property, but rather shall continue in full
force and effect and shall be fully binding upon any heirs. successors, and assigns in interest to the
Property, or any portion thereof. Upon execution of this Participation Agreement by the Foundation
and Participant. a Memorandum of Participation Agreement in form substantially the same as
attached hereto and incorporated herein for all purposes. shall be signed, acknowledged, and
recorded by the Participant in the Official Public Records of Williamson County, Texas, The
Participant shall promptly provide a copy ofthe recorded Memorandum ol'Participaiion Agreement
to the Foundation.
7. Venue And Choice Of Law The obligations and undertakings of each of the
parties to this Participation Agreement shall be performable in Williamson County, Texas, and this
Participation Agreement shall be governed by and construed in accordance with the la%%s of the
United States and the State of Texas
S. Entirety Of Agreement And Modification. This instrument constitutes the entire
agreement between the parties relating to the rights herein granted and the obligations herein
assumed. Any prior agreements, promises, negotiations, or representations not expressly set forth
in this Participation Agreement are of no force of effect. Any oral representations or modifications
concerning this Participation Agreement shall be of no force or effect, excepting a subsequent
modification in writing signed by the party to be charged and expressly approved by an authoriLed
representative of such party.
9. Non -Assignment . Participant shall not sell, transfer, or assign all or any part of
this Participation Agreement to a party other than a successive owner of all or a portion of the
Property without prior written consent of the Foundation.
10. Successors And Assigns. This Participation Agreement shall be binding upon and
inure to the benefit of the successors and assigns of the respective parties hereto, as and where
authorized pursuant to this Participation Agreement.
11. Notice. All notices under this participation Agreement shall be in writing and shall
be deemed to have been properly given, delivered and received (a) as of the date of delivery if
personally delivered, or (b) as of the date of deposit in the mail system if sent by United States
certified mail, return receipt requested, postage prepaid. For purposes of notices, the addresses of
the parties are as follows
PARTICIPANT:
City of Round Rock, Texas
c/o Gary Hudder, Transportation Director
3400 Sunrise Road
Round Rock, TX 78665
Attn: Foundation Application File No. 20220202
Phone: (512) 374-2905
FOUNDATION:
Williamson County Regional Habitat Conservation Plan
c/o Plan Administrator
219 Perry Mayfield
Leander, Texas 7KA1
Attn: Foundation Application File No. 20220202
Phone: (512) 943-1921
or to such other address as hereafter shall be designated in writing by the applicable party
12. Term Of Participation Agreement. This Participation Agreement shall
terminate upon the expiration or termination of the Permit.
13. Headings. The headings at the beginning of the various provisions of this
Participation Agreement have been included only in order to make it easier to locate the subject
covered by each provision and are not to be used in construing this Participation Agreement.
14. Number And Gender Defined. As used in this Participation Agreement,
whenever the context so indicates, the masculine, feminine, or neuter gender and the singular or
plural number shall each be deemed to include the others.
1004 0ON6512 6)
EXECUTED AS OF THE LAST DAY SET FORTH BELOW.
PARTICIPANT:
By: A01;-4/0',
Print Name: LQV� { G
Y
Title:+t1:.1P
Date:
FOUNDATION -
By., Vak.- (s)"',
Print Na !},•
Title:
j I -
bate: �7
Exhibit List:
Exhibit "A" — Description of Participant's Property, including GPS coordinates/points (if
available)
Exhibit "B" — Covered Species and Participant's Proposed Activities Relative to Participation
Agreement
Exhibit "C' — Special Terms -and Conditions in Connection with 10(a) Permit #TE — 181840-1
Exhibit "D" — Williamson County Regional Habitat Conservation Plan Memorandum of
Participation Agreement Relative to U.S. Fish and Wildlife Service Permit
(004 00046512 6) d
EXHIBIT "A"
TO PARTICIPATION AGREEMENT
Description of Participant's Property, including GPS coordinates/points, if available:
Originally, a project site consisting of right-of-way and construction of a segment of
Wyoming Springs Drive; that portion from the intersection of Wyoming Springs Drive and
Sam Bass Road to the Intersection with Brightwater Boulevard, a distance of approximately
4,752 and comprising approximately 9.9 acres of disturbance; WCCF file No. 20191231,
Public Record No. 2020016309 updated to an expanded footprint of a 31.5-acre project site.
Participation updated for an additional 22 acres.
Project area maps attached (2) pages for three (3) total pages to this exhibit.
(004 00046512.61 Exhibit A-1
Geologic Assessment for the Wyoming Springs Drive Segment I Prulect
WYOMING SPRING$
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0 Project Area
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G 1000 to00
Figure 1. Project Area location map.
Geolokic Assessment for fhe Wyamfnq Spnn s Drive Segment t Project
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9"RONMEparm COMULTANIS yyILLL46MSON COUNTY. MAS '!
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Figure 2. Water resources near the Project Area and local water wells (TWDB 2019).
5
EXHIBIT "B"
TO PARTICIPATION AGREEMENT
Covered Species and Partici nt's Pro ed Activities Relative to Participation Agreement
Provide a summary describing the scope and nature of the proposed activities and uses of the
Property. This summary should provide details regarding the proposed development plan,
including square footage or acreage of limit of construction (limit of construction is any area within
which any type of construction or land disturbance will occur, i.e., area for erosion controls,
driveway, utilities). Attach conceptual plan that identifies the foregoing items.
The Project includes construction of a new location, four -lane divided roadway connecting
two existing segments of Wyoming Springs Drive including related infrastructure and
environmental controls.
Identify which of the following species are covered by this Participation Agreement.
X Yes No Golden -checked warbler (no GCWA habitat observed)
X
Yes
No
Black -capped vireo (delisted by USFWS April 2018)
X
Yes
No
Bone Cave harvestman
X
Yes
No
Cotiut Cave mold beetle
(partial impact of an existing habitat feature is incorporated into the original Project's
Participation Fee.)
The project site is located in ranges for listed species — Eurycea [onkawae, Jollyville Plateau
Salamander (JPS) -- a species not covered under the Williamson County Regional Habitat
Conservation Plan. Additional permitting will be required if impacts to these species are
anticipated.
1004,0004651261 Exhibit B-1
EXHIBIT "C"
TO PARTICIPATION AGREEMENT
Special Terms and Conditions in Connection
with 10 a Permit #TE — IS1840-1
On property covered by this Participation Agreement, vegetation clearing activities
within 300 feet of habitat will be conducted outside the GCWA or BCVI breeding
seasons, as applicable, unless breeding season surveys performed by an Endangered
Species Act section 10(a)(1)(A)-permitted biologist indicate that no GCWA or
BCVI are present within 300 feet of the desired activity, or as otherwise approved
on a case -by -case basis by the Service. The breeding season for the GCWA is
March 1 to August 1. The breeding season for the BCVI is March 15 to September
1.
Construction activities within, or within 300 feet of. GCWA or BCVI habitat may
be conducted year round as long as such construction follows permitted clearing,
as referenced above, in a reasonably prompt and expeditious manner indicating
continuous activity.
3. Clearing and construction activities authorized under the Permit shall be consistent
with the current practices recommended by the Texas Forest Service to prevent the
spread of oak wilt.
4. Upon locating a dead, injured, or sick GCWA or BCVI or any other endangered or
threatened species in connection with road construction and other activities
conducted by Participant that are covered by the Permit, Participant is required to
contact the U.S. rish and Wildlife Service's Law Enforcement Office, in
Georgetown, Texas, (512) 863-5972, for care and disposition instructions. Extreme
care should be taken in handling sick or injured individuals to ensure effective and
proper treatment. Care should also be taken in handling dead specimens to preserve
biological materials in the best possible .Mate for analysis of cause of death. In
conjunction with the care of sick or injured endangered -threatened species, or
preservation of biological materials from a dead specimen, Participant and their
contractor'subcontractor have the responsibility to ensure that evidence intrinsic to
the specimen is not unnecessarily disturbed.
;o��a non�r,siz o; Lxhibit C-I
ELECTRONICALLY RECORDED 2022059244
Williamson County, Texas Total Pages: 12
WILLMSON CQUNW REGIONAL UABUM CO
MEMORANDUM OF PARTICIPATION &MEMNT RE
V.St FnH AND MU LDLtFE SERVICE PERMIT ftMij a T&I91 O-&)
STATE OF TEXAS §
§
§ KNOW ALL PERSONS BY THESE PRESENTS
§
COUNTY OF WILLIAMSON §
This WILLIAMSON COUNTY REGIONAL HABITAT CONSERVATION PLAN
MEMORANDUM OF PARTICIPATION AGREEMENT RELATIVE TO U.S. FISH AND
WILDLIFE SERVICE PERMIT (Permit No. TE-181840-I) (this "Memorandum'? is made and
executed by CITY OF ROUND ROCK, TEXAS (" c' ant'?, effective as of the 22" day of
March, 2022.
rermlt. Williamson County, Texas, and the Foundation are the permittees under federal
Endangered Species Act incidental take permit number TV.- 191840-1 dated October 21,
2008 (as amended August 30, 2013, hereinafter the "_PSM it"). The Permit authorizes "take"
of certain listed species of wildlife occurring in Williamson County in exchange for
implementation of the Williamson County Regional Habitat Conservation Plan (the
"EM"j. The Foundation/Williamson County administers the Plan, which includes granting
participation rights to applicants who enter into participation agreements. Through
participation in the Plan, a participant receives authority for incidental "take" of listed
species covered by the Permit, in accordance with the teens and conditions of the Permit
and the participation agreement entered into by the participant.
2. pRIJjcioadon Agreement, Grant of Participation Rights and Obligations of
Parii tlpant. Participant is the owner or easement holder of a tract or tracts of land (the
"Proms") located in Williamson County, Texas, and described on Exhibit "a" to this
Memorandum. Participant and the Foundation entered into the Williamson County
Regional Habitat Conservation Plan Participation Agreement dated March 22, 2022
("Participation Agmemen " Foundation Application File No. 20220202). Under the
Participation Agreement, the Foundation granted to the Participant the right to participate
in the Plan with respect to the Participant's proposed activities on the Property. The
Participation Agreement describes the Participant's proposed activities and the species to
be covered under the Participation Agreement. The Participant also agreed under the
Participation Agreement to assume and agree to be bound by all teens and conditions of
the Permit, the Plan, and all applicable laws and regulations, including without limitation
those terms and conditions specifically set forth as an exhibit to the Participation
Agreement.
1004.000465 k2.61
2022059244 Page 2 of 12
&Jig. Participant desires to execute this Memorandum and to have it Fled of record in
the Official Public Records of Williamson County, Texas, providing public and record
notice to all persons as to the existence of the Participation Agreement. Further information
regarding the Participation Agreement may be obtained by contacting the following -
PARTICIPANT:
City of Round Rock, Texas
c/o Gary Hodder, Transportation Director
3400 Sunrise Road
Round Rock, TX 78665
Alto: Foundation Application File No. 20220202
Phone: (512) 374-2905
FOUNDATION:
Williamson County Regional Habitat Conservation Plan
c/o Plan Administrator
219 Perry Mayfield
Leander, Texas 78641
Alto: Foundation Application Fite No. 20220202
Phone: (512) 943-1921
EXECUTED as of the effective date first written above.
Fort PARTICIPANT
BOV0,AVII ZPrint Name: Lana ge
Title: 1A4.l�Sk t?�`
THE STATE OF TEXAS §
COUNTY OF Pit
II isiTtru F-nt wa acknowted $ed before me o rt, . , 20??5y _
L =1L �C V-.1 of
ri!LLP 1Z"_,onbehalfofsaid..LlLLti 1� _�.t �(j_� t�1� C r4C&(-'-'0I k
k b/gt It4l ty
NOTARY PUE3(.iC, Mate of Texas
Print Name. A�.'r�4- 1 S'
My Commission Expires:
WWUEADp11<S
4
WjM0M 0 # i2UV9i3
J004000461126) 8101IS cb2Z
2022059244 Page 3 of 12
Exhibus
"A" -- U.S. Fish and Wildlife Service Permit No. TE-19184O-1
"B" -- Description of Participant's Property
After Recording, Return To:
Williamson County Rcgional Habitat Conservation Plan
Plan Administrator
219 Perry Mayfield
Leander, TX 78641
(004.00046512 6)
2022059244 Page 4 of 12
EXM 1TTAA
M HEM92ANDUM OF PARTICIPATION AGREEMENT
U.-isil_attd Wildlife Service Pemtit No. TE-I81840.1
Consistin of Four 4 a es followin
Page A -I
t004 0006512 6)
2022059244 Page 5 of 12
DEPARTMENT OF THE INTERIOR
` U S. FISH AND WILDLIFE SERVICE
II FEDERAL FISH AND WILDLIFE PERMIT
I
I 1 PERMITTEE
The County of Williamson
301 SE Inner loop
Georgetown, Texas 76626
Phone: 512/943-1550
e-mail. dgattis@Wilco.Qrg
Williamson County Conservation Foundation
350 Discovery Boulevard
Cedar Park, Texas 78613
phone- 512/733-5380
Email: lbirkmart@wilco.org
6. NAME AND TITLE OF PRINCIPAL OFFICER: (if tf 1 us a busine
Mr. Daniel A. Gattis, County Judge (County)
Lisa Birkman, President, Williamson County Conservation
Foundation. Williamson County Commissioner (Foundation)
ON?)
2. AUTHORITY -STATUTES
16 USC 1539(a)(1)(B)
REGULATIONS (Attached)
50 CFR §§ 13 & 17
3. NUMBER
TE-18t840-1
4. RENEWABLE I S. MAY COPY
(xJ YES [XI YES
I I NO I I NO
6. EFFECTIVE 7.EXPIRES�
I, 8/30/2013 10/16/2038
is) 9, TYPE OF PERMIT:
Endangered Species — Incidental Take
10 LOCATION WHERE AUTHORIZED ACTIVITY MAY BE CONDUCTED. Williamson County, Texas.
11. CONDITIONS AND AUTHORIZATIONS:
A. GENERAL CONDITIONS SET OUT IN SUBPART D OF 50 CFR 13, AND SPECIFIC CONDITIONS
CONTAINED IN FEDERAL REGULATIONS CITED IN BLOCK 02, ABOVE, ARE HEREBY
MADE A PART OF THIS PERMTI'. ALL ACTIVITIES AUTHORIZED HEREIN MUST BE
CARRIED OU I' IN ACCORDANCE WITH AND FOR THE PURPOSES DESCRIBED IN THE
APPLICATION SUBMITTED. CONTINUED VALIDrrY, OR RENEWAL, OF THIS PERMIT IS
SUBJECT TO COMPLETE AND TIMELY COMPLIANCE WITH ALL APPLICABLE
CONDITIONS, INCLUDING THE FILING OF ALL REQUIRED INFORMATION AND REPORTS
9. THE VALIDITY OF THIS PERMIT IS ALSO CONDITIONED UPON STRICT OBSERVANCE OF
ALL APPLICABLE FOREIGN, STATE, LOCAL OR OTHER FEDERAL LAW. THIS PERMIT
DOES NOT WAIVE THE OBLIGATION TO ABIDE BY OTHER FOREIGN, STATE, LOCAL OR
FEDERAL LAW IN CARRYING OUT AUTHORIZED ACTIVITIES.
C. VALID FOR USE BY PERMI TTEES NAMED ABOVE.
D. ACCEPTANCE OF THIS PERMIT SERVES AS EVIDENCE THAT THE PERMITTEE
UNDERSTANDS AND AGREES TO ABIDE BY THE "GEKERAL CONDtTIO%S FOR 14ATIVF ENDANGERED
AND THREATENED WILD -LIFE SPECIES PERMITS" copy enclosed .
12. REPORTING REQUIREMENTS
Annual report due each June I throughout the life of the permit. _
ISSUED BY T+TtE I DATE
J �� Deputy Regional Director
2022059244 Page 6 of 12
Williamson County Regional Habitat Conservation Plan TE-181840.1
E_ Permince(s) are authorized to "Take" the following species: Bone Cave harvestman,
Coffin Cave mold beetle, golden -checked warbler (GCWA), and black -capped vireo
(BCVI) in Williamson County, Texas; incidental to activities including, but not limited
to, road construction, maintenance, and improvement projects; utility construction and
maintenance; school development and construction; public or private construction and
development; and land clearing.
F. For GCWA, 6.000 acres of direct and indirect take are authorized over the life of the
Permit. These impacts will be mitigated by a combination of purchasing mitigation
credits from Hickory Pass Conservation Bank and/or other nearby conservation banks or
by creating MWA preserves.
G. For BCVI, up to 4,267 acres of take are authorized over the life of the Permit. These
impacts are mitigated primarily through habitat restoration, habitat management,
enhancement of existing protected BCVI habitat, or an alternate. Service approved
mitigation program.
H. On parcels covered by Participation Agreements, vegetation clearing activities within 300
feet of habitat will be conducted outside the GCWA or BCVI breeding seasons, as
applicable, unless breeding season surveys performed by an Endangered Species Act
section 10(a)(1)(A).permitted biologist indicate that no GCWA or BCVI are present
within 300 feet of the desired activity, or as otherwise approved on a case -by -case basis
by the Service The breeding season for the GCWA is March I to August 1. The
breeding season for the BCVI is March 15 to September 1.
I Construction activities within, or within 300 feet of, GCWA or BCVI habitat may be
conducted year round as long as such construction follows permitted clearing, as
referenced above, in a rea,onably prompt and expeditious manner indicating continuous
activity.
J For Bone Cave harvestman and Coffin Cave mold beetle, up to 210 caves occupied by
one or both species are authorized to be impacted These impacts will be mitigated by
acquiring and managing 9 to 15 karst fauna areas (KFAs), a minimum of three KFAs in
each of the karst fauna regions occupied by the covered species.
K Clearing and construction actnute% nuihori7ed under this Permit shall be consistent with
the current practices recommended by the Texas Forest Service to prevent the spread of
oak wilt
The Sei %ice agree, that Willidmson Cc unty or the Foundation may issue "Participation
Agreements" covering land within the Permit area Participation Agreements will
stipulate that Participant will be bound by and comply with those terms and conditions of
this Permit applicable it the Panitipant's land and the I'driicipant shall benefit front the
Page 2of4
2022059244 Page 7 of 12
Williamson County Regional Habitat Conservation Plan TE-181840-1
authorization granted in this Permit. So long as this Permit remains in effect and a
Participant is in compliance with the Participation Agreement. that Participant shall be
deemed, with respect to that Participant's property covered by the Participation
Agreement, to have the full benefits and authorities of this Permit with respect to that
Participant's property. The Service agrees that a breach by a Participant of its obligations
under a Participation Agreement will not be considered a violation by the Permittee, or
any other Participant, of this Permit. In the event a Participant has materially breached its
Participation Agreement and, after reasonable notice and opportunity to cure. such
Participant fails to cure, remedy, rectify, or adequately mitigate the effects of such
breach, then the Service, Williamson County, or the Foundation may terminate that
Participation Agreement.
M. Upon locating a dead, injured, or sick GCWA or BCVI or any other endangered or
threatened species in connection with road construction and other activities conducted by
Williamson County that are covered by this Permit, Williamson County or the
Foundation is required to contact the U.S. Fish and Wildlife Service's Law Enforcement
Office, in Georgetown, Texas. (512) 863-5972, for care and disposition instructions.
Extreme care should be taken in handling sick or injured individuals to ensure effective
and proper treatment. Care should also be taken in handling dead specimens to preserve
biological materials in the best possible state for analysis of cause of death. In
conjunction with the care of sick or injured endangered/threatened species, or
preservation of biological materials from a dead specimen, Williamson County, the
Foundation, and their con tractorlsubcontractor have the responsibility to ensure that
evidence intrinsic to the specimen is not unnecessarily disturbed.
N. Conditions of this Permit shall be binding on, and for the benefit of Williamson County
and the Foundation
0. If during the tenure of this Permit the take described in the habitat conservation plait is
altered such that there may be an increase in the anticipated take of any covered species,
Williamson County or the Foundation is required to contact the Service and obtain
authorization and/or amendment of the Permit before entering into participation
agreements or commencing any other activities which might result in take beyond that
described in the RHCP
P. Williamson County or the Foundation Shall submit on June I of each year the Permit is in
effect an Annual Report describing participation agreements entered into; funds collected
and spent; and conservation and inandgement actions undertaken in the previous calendar
year The report will summan7e the results of the biological monitoring and adaptive
management process and findings This required information includes the locations of
sur%eys, a description of any deviations from required survey protocols, personnel used,
and documentation of all survey result~ as required in the protocols for the particular
Page 3 of 4
2022059244 Page 8 of 12
Williamson County Regional Habitat Conservation Plan TE-181840-1
endangered species In addition, the annual report will review existing management and
highlight areas where change in management approach may be needed and where
prioritized research needs are reviewed. A copy of the annual report shall be submitted to
the U S Fish and Wildlife Service Field Office 10711 Burnet, Suite 200, Austin. Texas
78758; and to the U S. Fish and Wildlife Service, P.O Box 1306. Room 4102,
Albuquerque. New Mexico 87103
Q. The current "No Surprises" policy of the U S. Fish and Wildlife Service provides that
additional mitigation requirements for land, water, or financial obligations shall not be
required of Williamson County or the Foundation beyond the level of mitigation provided
for in the Permit and the habitat conservation plan if fully and completely complied with
and implemented. With respect to the Pernut, the habitat conservation plan and
supporting documents adequately addressed the federally -listed covered species,
R, Acceptantx of the Permit serves as evidence that Williamson County and the Foundation
understand and agree to abide b) the terms of the Permit and all applicable sections of
Title 50 CFR Parts 13 and 17 pertinent to issued permits.
"'" END OF PERMIT # TE-181840-1 " ...
Page 4 of 4
2022059244 Page 9 of 12
EXHIBIT B
TO 1+ EMORANDUM OF PARTICIPATIQh[ AGREEMENT
Description of Particlpant'LEMXrLt. includingis if v it ble:
Originally, a project site consisting of right-of-way and eoastruction of a segment of
Wyoming Springs Drive; that portion from the intersection of Wyoming Springs Drive and
Sam Bass Road to the intersection with Brigbtwater Boulevard, a distance of approximately
4,752 and comprising approximately 9.9 acres of disturbance; WCCF file No. 20191231,
Public Record No. 2020016309 updated to an expanded footprint of a 31.5-acre project site.
Participation updated for an additional 22 acres.
Project area snaps attached (2) pages for three (3) total pages /o thi9 exhibit.
1004 00W512 61 Exhibit B. l
2022059244 Page 10 of 12
Geologrc Assessment Ibr the Wyoming Springs Drive Segment t Protect
Figure 1. Project Area location map.
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordal on
2022059244 page 11 of 12
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Figure 2. Water resources near the Project Area and local water walls (TWDB 2019).
5
RECORDERS MEMORANDUM
All or parts of the text an th s page was not
clearly legible for satisfaclory recordation
2022059244 page 12 of 12
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2022059244
Pages: 12 Fee: $74.00
05/12/2022 12:06 PM
MBARRICK
O.
Nancy E. Rister, County Clerk
Williamson County,Texas
ROUND ROCK
TExA5
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing a Participation Agreement with Williamson County
Conservation Foundation regarding participation in the Williamson County
Regional Habitat Conservation Plan for the Wyoming Springs Drive Segment 1
Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/15/2022
Dept Director: Gary Hudder, Transportation Director
Cost:
Indexes:
Attachments: Agmt, Map
Department: Transportation
Text of Legislative File CM-2022-094
The Wyoming Springs Road Segment 1 project consists of extending Wyoming Springs Blvd from
Creekbend at the south end to Old Settler's Blvd on the north end. The roadway will be a new 4-lane
divided arterial roadway with off-street shared use paths. The road will clear Hairy Man Road and Dry Fork
creek as well as create a path that intersects with the existing hike and bike trail along Hairy Man Road.
Environmental clearance and design are anticipated to be completed in fall 2022 with construction to begin
in early 2023.
The City of Round Rock is currently participating in the Williamson County Regional Habitat Conservation
Plan for this project which is managed by the Williamson County Conservation Foundation. The original
agreement was for 9.9 acres of disturbance. Since that agreement, the limits of the project have been
expanded to include work along Sam Bass Road to tie into a Williamson County project. The expanded
footprint includes 31.5 acres for the project site. This is an additional 22 acres for participation in the Plan.
The additional acreage cost the City $2,200.00 and was paid for on 3/18/2022.
City of Round Rock page 1 of 1