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CM-2022-281 - 11/18/2022ELECTRONICALLYtRECORDED 2023089036 Williamson County, Texas Total Pages: 6 BEFORE ME, the undersigned authority, on this day personally appeared Laurie Hadley who, being d It zworn by me, deposes and says: , Lauha Aadley belo (1) ThatmynamelS CityManage and that the City of Round Rock owns the real property described (2) That said real property is subject to an EDWARDS AQUIFER PROTECTION PLAN which was require under the 30 Texas Administrative Code (TAC) Chapter 213. (3) That the EDWARDS AQUIFER PROTECTION PLAN for said real property was approved by the Texa Commission on Environmental Quality (TCEQ) on August 12,2022 A copy of the letter of approval from the TCEQ is attached to this affidavit as Exhibit A and i incorporated herein by reference. (4) The said real property is located in Williamson County, Texas, and the legal description the property is as follows: I A 50' easement consisting of approximately 11.01 acres along Lake Creek from Round Rock West Drive to Centennial Plaza at McNeil Street/Brown Street, Round Rock, Texas, Williamson County Texas. LAND0WWR--AtFA—JW IUV SWORN AND SUBSCRIBED TO before mo e, on this 2y JNOZTAPRY —IC A4 PAI tai4e-A44-mv County of Williamson § I BEFORE ME, the undersigned authority, on this day personally appeared O"known to me me tha I be the person whose name is subscribed to the foregoing instrument, and acknowledged to me tha (s)he execut same for the purpose and consideration therein expressed. &L GIVEN under my hand and seal of office on thisN Pay of NOTARY PU@LIC MONIQUEADAMS Typed or Printed Name of Notary MY Noftq ID # 1126257013 E*w March 22,2026 MY COMMISSION EXPIRES. 2023089036 Page 2 of 6 Jan Niermann, Chainnan ��ATk 0F? Emil} Lindle3^, Commission+ r 41 ' r Bobb7 Janecka, Commissioncr Y Toby Baker, lAecuti^e Director TEXAS COMMISSION ON ENVIRONMENTALAI Profectinq Texas by Reducing and Preventing Pollution MUMMIUMM Ms. Katie Baker City of Round Rock 301 W. Bagdad Ave., Ste. 250 Round Rock, NAME OF PROJECT: Lake Creek Trail; Located from Round Rock West to McNeil Rd.; Round . ,1 TYPE OF PLAN: Request for Approval of a Water Pollution Abatement Plan (WPAP); 30 Texas Administrative Code.r iI 1; Aquifer Edwards Aquifer Protection/• i No. 11003140;1 Entity No. RNI 11519633 1 r: 1 1 .. f• 1 1 •r 1 .,, r rr 1 r .rr 1 1 1 r • 1 ' r i' r ,: • 1 1 1 r r ,.... 1 . '::. r r: r r ' r '.: 1' 1 r 1 ..,. . .'•1 � r r 1. r 1 r' r 1 � 1 •a r: r 1 • r a r r r r 1 1 / r ,, r, .• 1. 1 r , 1' 1 1 1 • / r 1 1 1 ,1 1 1 / r 1 1 11/r1 r 1 r r .rl r 1 r, r 1 r 1ORWIA 1 1 r r 070 IV cymf to My I# BILE r r r ej 101 r•+ a • i + r. 1 rr r _• °1 r • 1 • � �. � ' 11 r ;r r TCEQ Region 11 • P.O. Box 13087 • Austin, Texas 7871 1-3087 • 12-239-1000 • tceq.texas.gov How is our customer ser%ice? tceq.texas.gov/customersurvey N, 2,022 -2-P1 pmwd m rerycleI paper 2023089036 Page 3 of 6 Ms. Katie Bakc] Page a, 1 stormwater runoff. The required total suspended solids (TSS) treatment forproject is 1,053 pounds of TSS generated from the 1.21 acres of impervious ! approved 1 • • According to the Geologic Assessment included with the application, the site is characterized surficially by Edwards Limestone and Quaternary terrace deposits. No sensitive geologic features were identified in the Geologic Assessment. The TCEQ site assessment conducted on August 2, 2022, revealed the site to be generally as described. SPECIAL CONDITIONS 1. All permanent pollution abatement measures shall be operational prior to occupancy of the facility. MYANI• ' •' • 2. The holder of the approved Edwards Aquifer protection plan must comply provisions of 30 TAC Chapterand all best managementpractices and measures contained in the approved•Additional and separate approvals, permits,• 1 and/or authorizations1 other TCEQ Programs !Rights, UIC) can be required depending on the specifics of the plan. addition t/ the rules of 1 / applicant also be 1 I comply quality.with state and local ordinances and regulations providing for the protection of water Prior to Commencement of Construction: 4. Within 1 days of receiving written approvalof an EdwardsAquifer '1 Protection Plan, countyapplicant must submit to the Austin Regional Office, proof of recordation of notice in the deed records,volume andpage numb of the countydeed records of ii county in which the property is located. A description of the property boundaries shall be included in the deed recordation in the countydeed records.suggested form (Deed Recordation Affi1625) that you may use to deed record the approved WPAP is enclosed. S. All contractors conducting • 1 activities at the referenced project•! 1 provided 1 1 of this noticeof approval,At one completecopy of the approved '' ' and this noticeof approval shall be 1 at the project location regulated activities are completed. 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 appr.oval prior 1 initiating construction of !1 1 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. 2023089036 Page 4 of 6 a Ms. Katie Baker Page 3 August 12, 2022 Temporary8. 1 / and sedimentation (E&S) controls,/ berms,.1 ,r installedconstruction entrances, or other controls described in the approved WPAP, must be prior F construction, 1 maintained during construction.Temporary controls may be removed when vegetation• d and the construction stabilized. If a water quality pond is proposed, it shall he 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 being discharged from 9. All borings with depths greater than or equal to 20 feet must be plugged with non -shrink grout r bottom of the holeI of the surface. The remainder1 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 1 days / completion of the drillingoperation. V/ .1 be + Duriniz Construction: course10. During the r activities related to this project, applicant 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 +, spillr r Standard Condition No.above. 12. If any sensitive feature (caves, solution .holes,discovered during construction, regulated activities near the feature must be suspendedimmediately. 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 1 and approved Ir proposed 1protect and the aquifer frompotentially adverse impacts/ water quality.plan must be sealed, signed, and dated by a Texas LicensedProfessional 13. 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 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. 15. 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. 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. r 1 I If 1 r 11 1. 1 11 1'' 1 1/ 1 1 . # 1 1 2023089036 Page 5 of 6 BakerMs. Katie Page 4 August 12, 2022 day is precluded by weather conditions, :1. be .. d as soon practicable. After Comoletion of Construction: 18, A Texas Licensed Professional Engineer must certify in writing that the permanent BMPs or measures were constructed as , . 1 The certificationbe 1 1 the Austin Regional Office within a days of site completion. maintenance19. The applicant shall be responsible for maintaining the permanent BMPs after construction until such time as the obligation is either assumed in writing by r having ownership or controlof the property :/limitation, an owner's association, property owner or district,or municipality)or the ownership 1 the property r to the entity. The regulated entity shall then be responsibler transferred.maintenance until another entity assumes such obligations in writing or ownership is ' copy of the transferof responsibilityfir with the executive director Regional i days of the transfer. A copyof the transfer form (TCEQ-10263) is enclosed. 20. Upon .. '.ransfer of property, r required to comply with all terms of the approved Edwards Aquifer protection plan. If the new owner intends1 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 for1 activity by director r I prior r commencement of the new regulated An rwards Aquifer protection plan approval or extension1 r no extension be granted if more50 percent of 1 construction r been completed within ten years from the initial approvalof a plan. , new EdwardsAquifer protection plan must be submitted to the Austin Regional Office with the appropriate fees for review and approval 1y...,. the executive director prior 1 commencing any additionalregulated 22. At project l 1:s where construction is initiated andabandoned, or notr.. 1 r site shall 1:e. returned to a conditionaquifer is protected r 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 James "Bo" Slone, P.G. of the Edwards Aquifer Protection Program of the Austin Region office at (S 12) 339 2929. Sincerely, Lillian Butler, Section Manager Edwards Aquifer Protection Program Texas Commission on Environmental Quality LIB,'jcs Enclosure: Deed Recordation Affidavit, Form TCEQ 062 Change in Responsibility for Maintenance of Permanent BPs, Form TCEQ-10263 Cc: Mr. Terry Hagood, P.E., Hagood Engineering Associates, Inc. 2023089036 Page 6 of 6 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2023089036 Pages- 6 Fee: $42.00 10/25/2023 03.03 PM D LAM 1 AST40f F� Gti, Nancy E. Rister, County Clerk Williamson County,Texas 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: Zip: Telephone: FAX: Signature of New Responsible Party Date 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 6121339-2929 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 5121239-3282 TCEo-10263 (10/01/04) City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing a Deed Recordation Affidavit for the Bowman Park Improvement Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 11/18/2022 Dept Director: Rick Atkins, Director of Parks and Recreation Cost: indexes: Attachments: EDACI`11003140_PA_20220812_Final letter, 11-18-22_City Manager_TCEQ Deed Recordation, LAF - Deed Recordation Affidavit (TCEQ) -Lake Creek Trail Department: Parks & Recreation Text of Legislative File CM-2022-281 Consider executing a Deed Recordation Affidavit for the Bowman Park Improvement Project. City of Round Rock Page 1 of 1