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CM-2022-282 - 11/18/2022Jon Niermann, Chairman Emily Lindley, Commissioner >e Bobby Janecka, Commissioner Toby Baker, Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protectinq Texas by Reducing and Preventing Pollution October 7, 2022 Ms. Katie Baker City of Round Rock 301 W. Bagdad Ave., Ste. 250 Round Rock, Texas 78664 Re: Edwards Aquifer, Williamson County NAME OF PROJECT: Bowman Park Improvements; Located at 950 E. Bowman Road; Round Rock, Texas TYPE OF PLAN: Request for an Exception to the Requirements of a Water Pollution Abatement Plan (WPAP-EXP); 30 Texas Administrative Code (TAC) Chapter 213 Edwards Aquifer Edwards Aquifer Protection Program ID No. 11003218; Regulated Entity No. RN111560694 Dear Ms. Baker: 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 August 4, 2022. Final review of the WPAP-EXP was completed after additional material was received on September 30, 2022. As presented to the TCEQ, the Exception Request proposed in the submittal is in general compliance with the requirements of 30 TAC Chapter 213. Therefore, the request for exception is 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 percent of the construction has commenced on the project or an extension of time has been requested. BACKGROUND A WPAP-EXP was approved for this site in a TCEQ letter dated November 12, 2008 (EAPP ID No. 11-08091702)- PRO,jECT DESCRIPTION The proposed non-residential project will have an area of approximately 8.78 acres. It will include the approximately 17,246 ft1 of concrete sidewalk to the existing park which includes a playscape, benches, bridges, curb edging, and parking lot. The impervious cover will be 0.59 acres (6.35 percent). No wastewater will be generated by this project. TCEQ Region I 1 • 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 service? tceq.te\as.gov/customersur%,ey �M,2,�'ZZ,2�2_ printed nn recycled paper Ms. Katie Baker Page 2 October 7, 2022 GEOLOGY According to the Geologic Assessment included with the application, the surficial units are Del Rio Clay and Georgetown Limestone. No sensitive geologic features were identified in the Geologic Assessment. The TCEQ Austin Regional Office site assessment conducted on September 21, 2022, revealed the site to be generally as described by the Geologic Assessment. EQUIVALENT WATER QUALITY PROTECTION The applicant requests an Exception to submitting an Edwards Aquifer protection plan or modification required by 30 TAC 213.5. However, the applicant proposes an Exception under 30 TAC 213.9. The proposed development demonstrates equivalent water quality protection for the Edwards Aquifer and will not result in a significant increase in the potential for pollution of the Edwards Aquifer based on the minor increase in impervious cover. In addition, water quality protection is provided for the newly paved areas by natural vegetation. The site is within the Recharge Zone and Transition Zone. SPECIAL CONDITIONS T. The approval letter dated November 12, 2008 (EAPP ID No. 11-08091702) for Bowman Park Development Project Phase I is superseded by this letter. 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. 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, [;IC) 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 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 Exception 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. G. Modification to the activities described in the referenced Exception 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. Ms. Katie Baker Page 3 October 7, 2022 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 Exception, 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. 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. 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. 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 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 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. Ms. Katie Baker Page 4 October 7, 2022 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. 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 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 Betsy Yockey of the Edwards Aquifer Protection Program of the Austin Regional Office at (512)339-2929. Sincerely, Lillian Butler, Section Manager Edwards Aquifer Protection Program Texas Commission on Environmental Quality LIB/bmy Enclosures: Deed Recordation Affidavit, Form TCEQ-OG2 S THE STATE OF TEXAS § County of Williamson M Deed Recordation Affidavit Edwards Aquifer Protection Plan BEFORE ME, the undersigned authority, on this day personally appeared Laurie Hadley who, being duly sworn by me, deposes and says: Laurie Hadley, That my name is City Manager and that the City of Round Rock owns the real property described below. That said real property is subject to an EDWARDS AQUIFER PROTECTION PLAN which 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 October 7, 2022 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: Williamson AW0130 Curry, D. Sur., Acres 8.78 East Round Rock, Williamson County County, Texas, and the legal description of 6LjNDOWN . FFIANTSWORN AND SUBSCRIBED TO beforeon this day of l Z TARY P IC THE STATE OF TEXAS § County of Williamson § BEFORE ME, the undersigned authority, on this day personally appearedldw� ie;[ nown to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me thatt(s)he executed same for the purpose and consideration therein expressed. GIVEN under my hand and seal of office on thi4 MONIQU ADAMS 3 ' - My Notary ID i262 i791 E*rw Mardi 22, 20 yp or ame of Notary MY COMMISSION EXPIRES: 3 2� 2(P TCEQ-0625 (Rev 10101104) ROUND ROCK TEXAS City of Round Rock 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: LAF - Deed Recordation Affidavit (TCEQ) -Bowman Park improvement, EDAQ_11003218_PA ACONF_20221007_Final Letter, 11-18-22_City Manager_TCEQ Deed Recordation Department: Parks & Recreation Text of Legislative File CM-2022-282 Consider executing a Deed Recordation Affidavit for the Bowman Park Improvement Project City of Round Rock Page 1 of 1