CM-2023-042 - 3/10/2023Jon Niermann, Chairman 0
Emily Lindley, Commissioner 1 tin
Bobby Janecka, Commissioner
Erin E. Chancellor, Interim &ecutive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
February 10, 2023
Ms. Katie Baker
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
Re: Edwards Aquifer, Williamson County
NAME OF PROJECT: Mayfield Park Archery; Located at 5416 Sam -Bass 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. 11003389; Regulated Entity No. RN111615837
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 December 7, 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 I0 percent of the construction has commenced on the
project or an extension of time has been requested.
PROTECT DESCRIPTION
The proposed non-residential project will have an area of approximately 245 acres. It will
include the construction of an archery range. The impervious cover will be 0.81 acres (0.33
percent). No wastewater will be generated by this project.
PERMANENT POLLUTION AilATEME T WASURLS
This project 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 Contributing Zone.
TCEQ Region 11 • 11.0. 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.texas.gov/customersurvey
printed on rceyxled paper
Ms. Katie Baker
Page 2
February 10, 2023
GEOLOGY
According to the Geologic Assessment included with the application, the site is surficially
characterized by Edwards Limestone (Ked) and Comanche Peak Formation (Kc). There were no
sensitive features identified within the limits of construction (LOC). The TCEQ site assessment
conducted on February 7, 2023 revealed the site to be generally a described.
EQUIVALENT WATER QUALITY PROTECTION
The applicant requests an exception, under30 TAC 213.9, to submitting an Edwards Aquifer
protection plan or modification required by 30 TAC 213.5. The proposed development
demonstrates equivalent water quality protection for the Edwards Aquifer.
SPECIAL CONDITIONS
I. Sensitive geologic features were not identified within the LOC, but sensitive geologic
features exist outside of the LOC and on the park property. Regulated activity conducted
outside of the LOC requires additional approval and establishment of setbacks/buffers for
the sensitive geologic features.
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, 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 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.
S. 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.
6. 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.
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
Ms. Katie Baker
Page 3
February 10, 2023
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, e.g., 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 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. 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.
1S. 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.
Ms. Katie Baker
Page 4
February 10, 2023
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 Mr. ,lames "Bo" Slone, Q.G. 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:jcs
Enclosures: Deed Recordation Affidavit, Form TCEQ-062.)
Deed Recordation Affidavit
Edwards Aquifer Protection Plan
THE STATE OF TEXAS §
County of WI I
BEFORE ME, the undersigned authority, on this day personally appearedA i ho, being duly
sworn by me, deposes and says: , %�
(1) That my name is e nd that I own the real property described below.
(2) That said real property is subject to an EDWARDS AQUIFER PROTECTION PLANwhich was required
under the 30 Texas Administrative Code JAC) Chapter 213.
(3) That the EDWARDS AQUIFER PROTECTION PLAN re l pro ert was ap roved by the Texas
fo
Commission on Environmental Quality (TCEQ) on I u-,
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 ! Arl 1G44 tYN County, Texas, and the legal description of
the property is as follows:
SWORN AND SUBSCRIBED TO before , on this L ay o Ir ^9�3
NOTARY P IC
THE STATE OF §
County of Wi II1ftWOV) §
BEFORE ME, the undersigned authority, on this day personally appeared lYl f �i &"known to me to
be the person whose name is subscribed to the foregoing instrument, and ackn ledged to me that (s)he executed
same for the purpose and consideration therein egrressed.
GIVEN under my hand and seal of offic on thiAday of,
NOTARY PLIBLIC
U�b
_ '" ;- MMIQUEADW Typed or Printed Name of Notary
,•; Notary ID 126257913
0.
*. MY
_?�;�� == �4w March 22, 2Q28 MY COMMISSION EXPIRES:
TC Q-0625 (Rev. 10/01104)
r ROUND ROCK
TEXAS
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing "Deed Recordation Affidavit" from TCEQ for the Mayfield Park
Archery Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/10/2023
Dept Director: Rick Atkins, Parks and Recreation Director
Cost: $0.00
Indexes: Parks Improvement & Acquisition Fund
Attachments: EDACI_11003389_PA_ACONF_20230210_Final Letter, LAF - Recharge Zone
Exception Request - Mayfield Archery Project
Department: Parks & Recreation
Text of Legislative File CM-2023-042
This item authorizes executing "Deed Recordation Affidavit" from the Texas Commission on Environmental
Quality (TCEQ) for the Mayfield Park Archery Project 2022. Mayfield Park is located over the Edwards
Aquifer Recharge & Contributing zones therefore approval from TCEQ is required prior to bidding and
construction.
Mayfield Park Archery Project includes:
1) Gravel Driveway
2) ADA accessible concrete pads
City of Round Rock Page I of I