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GM-20-12-22-099 OF r,��L 1rRANSPORTATION AND NATURAL RESOURCES v CYNTHIA C. MCDONALD. COUNTY EXECUTIVE PEq� 700 Lavaca Street-5'1 Floor of Travis County Administration Building PO Box 1748 Austin,Texas1254.93 � 8767 Phone: 512 854��9383 Fax. (512)854 4697 Joey Thompson Brushy Creek Regional Utility Authority (BCRUA) 221 E. Main Street Round Rock, TX 78613 RE: BCCP Participation Certificate Application #1045 (2.8 acres known as BCRUA Deep Water Intake Electrical Utilities, Endpoints located at 30.46665. -97.90530 and 30.50820, -97.90443) Dear Mr. Thompson: Thank you for your participation in the Balcones Canyonlands Conservation Plan (BCCP). Enclosed are a signed contract and the Participation Certificate. There are three important requirements that relate to site clearing and construction activity which must be followed: 1. Clearing of woody vegetation should be completed September 1St through February 28". From March 111 through August 31st, site clearing may not occur since Golden- cheeked Warblers have returned to the area to nest. Construction may proceed beyond March 1" if the natural vegetation has been removed outside of the nesting season. 2. If and immediately when construction activity uncovers new caves or significant karst features. site work should cease and the local U.S. Fish and Wildlife Service (USFWS) Austin Ecological Services Office* (AESFO) should be notified to check the cave/feature for endangered species. Project managers may get assistance from karst geological or biological consultants to assist in expediting the USFWS clearance for construction to resume. 3. A copy of the Participation Certificate (PC) must be posted at your project site from the time vegetation clearing begins until the construction is completed for proof of compliance with the BCCP and Federal Endangered Species Act. Do not post the original PC. The BCCP does not address or cover impacts to any salamander species. Three federally listed species are known to occur in western Travis County: Barton Springs, Austin Blind and Jollyville Plateau salamanders. The last two of these were listed September 19, 2013. Participation in the BCCP through our application and permit processes does not cover your Endangered Species Act compliance needs. incidental take or mitigation for these species. If your project physically alters spring sites. potentially alters surface water or aquifer water quality or water quantity. flow or other hydrologic regimes, including fill or sediment introduction to the following drainages. then you are advised to contact the USFWS AESFO* before planning or proceeding with the project: • Barton Springs segment of the Edwards Aquifer • Northern segment of the Edwards Aquifer • Trinity Aquifer • local alluvial aquifers, or +� Barton Creek, Cypress Creek, Bull Creek, Shoal Creek/Town lake, or Walnut Creek surface watersheds *Contact for USFWS Austin Ecological Services Office Tanya Sommer Consultations Branch Chief 10711 Burnet Rd , STE 200, Austin, TX 78758 512-490-0057 ext. 222, or email Tanya Sommer@fws_gov Thank you again for your participation and please contact Travis County s BCCP Administrator at (512) 854-7213 if you have any questions Sincerely, Melinda Mallia Travis County Natural Resources Program Manager Enclosures (2). BCCP Participation Contract. Participation Certificate cc Tanya Sommer, U.S. Fish and Wildlife Service Kimberlee Harvey, BCCP Coordinating Committee Secretary Amanda Wood, Travis County Environmental Specialist I ,. Balcones Canyonlands Conservation Plan PARTICIPATION CERTIFICATE 'E I:. The following tract, 2.8 acres known as BCRUA Deep Water Intake Electrical Utilities, Endpoints located at 30.46665, -97.90530 and 30.50820,-97.90443,has complied with requirements of the federal Endangered Species Act(16 U.S.C. §1531 et seq,)through the regional 10(a)permit issued by the U.S. Fish and Wildlife Service to the City of Austin and Travis County(permit number PRT 788841), issued on '" May 2, 1996, also known as the Balcones Canyonlands Conservation Plan. The bearer of this certificate, Brushy Creek Regional Utility Authority (application »1045), paid an assessment of$11,575.00 to the Permit Holders on thell day of&,n r ,, , 202$based on the following habitat determination from the June 1996 map: A 1, _ 1.6_acres of golden-cheeked warbler habitat(zone 1)@ $5500 per acre 0.3 acres of karst habitat .'f�: $1000 per acre I 0.9 acres of golden-cheeked warbler habitat(zone 2)@ $2750 per acre __—Single Family Small Landowner acres of black-capped vireo habitat a..$0 per acre Agricultural Building Construction The bearer of this certificate entered into a Participation Contract with the Permit Holders on the 91 day of lawo" 20211. This contract is recorded in the Real Property Records of Travis County as Document# r2pa1 Q 1(n93 and the covenants therein run with the land. o, Participation in the Balcones Canyonlands Conservation Plan is subject to the terms and conditions of the Participation Contract. - 1,�� Date: Issued by: Melinda Mallia ,�, Natural Resources Program Manager 13uhw zes Canyonlands Travis County Transportation and Natural Resources � Balcones Canyonlands Conservation Plan Cof:�wrva�fc�t Hari This Participation Certificate or a facsimile must be posted at the property site of the participating tract from the time vegetation clearing begins until the construction is completed. For more information about the certificate, contract or the permit, contact: Travis County Transportation and Natural Resources Department at(512)854- 9383, or the U.S. Fish and Wildlife Service. Ecological Services Field Office at(512)490-0057, For information about the participating tract contact: Brushy Creek Regional Utility Authority(BCRUA)221 E.Main Street Round Rock,TX 78613 i .� y PARTICIPATION CONTRACT BALCONES CANYONLANDS CONSERVATION PLAN COUNTY OF TRAVIS STATE OF TEXAS § RECITALS The Balcones Canyonlands region of Central Texas is home to several species of animals and plants listed as endangered under the federal Endangered Species Act of 1973, as amended, 16 U.S.C. § 1531, et seq. (the"Act"). Development of endangered species habitat in the region is subject to approval under the Act. To provide an alternative to the burden of each landowner or developer going through an individual 10(a) permit application process, a group of individuals representing federal, state, and local governments, the private business sector, private landowners, and environmental interests, worked since 1988 to create a regional habitat conservation plan, in accordance with Section 10(a)of the Act. In order to implement the habitat conservation plan, known as the Balcones Canyonlands Conservation Plan (BCCP) - Shared Vision, Travis County and the City of Austin applied for a regional permit under section 10(a)I(b)of the Act. The United States Fish and Wildlife Service("USFWS") issued the regional permit, permit number TE-788841-2(the"Permit"),to the Permit Holders on May 2, 1996. In exchange for committing to the completion of a 30,428 acre preserve system that satisfies the requirements of the Permit, the Permit Holders are authorized to assign certain habitat mitigation participation rights (hereinafter referred to as "Participation Rights") to individual landowners or developers("Participants")for a fee to be used as purchase money for completion of the preserve system. Through participation in the BCCP-Shared Vision, Participants can mitigate for direct and indirect"take" of the species covered in the Permit, in accordance with the special terms and conditions of the Permit. AGREEMENT This agreement is entered into this 28 day of 2024, by and between Brushy Creek Regional Utility Authority (BCCP# 1045),hereinafter referred to as"Participant"or"Assignee",and the Balcones Canyonlands Coordinating Committee,an entity created pursuant to Section 791.013 of the Texas Government Code,as an instrumentality of the parties to the Interlocal Cooperation Agreement between Travis County and the City of Austin Implementing the Balcones Canyonlands Conservation Plan- Shared Vision,dated the 3rd day of August, 1995,acting by and through its designated representative, hereinafter referred to as"Permit Holders"or"Assignor". For and in consideration of the mutual covenants and considerations cited herein, Permit Holders and Participant hereby agree with respect to the assignment of certain Participation Rights as provided by the Permit to be furnished or rendered by the Permit Holders to the Participant and the payment for this assignment by the Participant to the Permit Holders as set forth hereinafter. 1 ARTICLE I. PROPERTY Participant is the owner of a tract or tracts of land consisting of approximately 2.$ acres situated in Travis County,Texas,and more fully described in Exhibit"A"attached hereto("Property"). ARTICLE II. ASSIGNMENT OF PARTICIPATION RIGHTS Upon payment by the Participant of the compensation as provided in ARTICLE III below, the Permit Holders agree to assign unto Participant certain Participation Rights for the exclusive use and benefit of the Property. These Participation Rights are assigned to the Participant for its use and benefit only with respect to the Property and in connection with the issuance of the Permit for the Balcones Canyonlands Conservation Plan ("BCCP-Shared Vision") pursuant to Section 10(a)(1)(B) of the Endangered Species Act, 16 U.S.C. § 1531 et seq.("ESA"). The term"Participation Rights"shall mean and refer to any and all benefits,rights, credits, offsets or other privileges or entitlements which may be utilized by Participants in conjunction with the BCCP-Shared Vision Permit relating to the incidental "take", existence, dedication, conservation, maintenance or preservation of the following endangered species: golden-cheeked warbler (Dendroica chrysoparia), Tooth Cave pseudoscorpion (Tartarocreagris texana), Tooth Cave spider (Neoleptoneta myopica),Tooth Cave ground beetle(Rhadine persephone), Kretschmarr Cave mold beetle (Texamaurops reddelli),Bone Cave harvestman(Texella reyesi),and Bee Creek Cave harvestman(Texella redelli),and the Species of Concern described in the Permit. This assignment is expressly made subject to the provisions and requirements of the Endangered Species Act of 1973,as amended,16 U.S.C.§1531,et seq.;Title 50 of the Code of Federal Regulations, Including Parts 13, 17,and 21; the Permit; and the BCCP-Shared Vision as provided by the Permit and including the conditions and requirements provided in the Habitat Conservation Plan and Final Environmental Impact Statement,dated March, 1996. ARTICLE III. COMPENSATION For and in consideration of its assignment of these Participation Rights, the Participant shall pay to the Permit Holders the total sum of$11,575.00. Payment of this sum is to be paid immediately upon execution of this Agreement by the Participant and the Permit Holders. ARTICLE IV. ADDITIONAL RESPONSIBILITIES OF PARTICIPANT: SPECIAL TERMS For and in consideration of the assignment of Participation Rights,the Participant agrees that it shall comply with all requirements of the Endangered Species Act of 1973,as amended, 16 U.S.C. § 1531, et seq.;Title 50 of the Code of Federal Regulations, Parts 13, 17, and 21; the BCCP-Shared Vision as provided by the Permit and including the relevant requirements under the Habitat Conservation Plan and Final Environmental Impact Statement, dated March, 1996; and all terms and conditions of this agreement, specifically including those special conditions provided in Exhibit `B" and Exhibit"C", attached hereto and incorporated herein for all purposes. 2 Furthermore, the Participant promises and warrants to the Permit Holders that it has not petitioned nor received from the USFWS any determination of incidental take in relation to the Property,including receipt of a valid Section 9 letter indicating USFWS determination of"no effect", that it has not previously delivered to the Permit Holders. ARTICLE V. BREACH OF PARTICIPANT Breach of the terms of this Agreement will result in the termination by the Permit Holders of this Agreement and the Participation Rights assigned therein. Notification of breach and termination of rights shall be made by the Permit Holders to the Participant in writing at the address provided in ARTICLE XII below. ARTICLE VI. PARTICIPANT'S SOLE RECOURSE FOR BREACH BY THE PERMIT HOLDERS In the event that the assignment of Participation Rights pursuant to this agreement is ineffective or deficient with respect to the Property due solely,or in part,to the actions or inactions of the Permit Holders, Participant agrees that its sole recourse shall be to sue to recover from the Balcones Canyonlands Coordinating Committee damages in an amount not to exceed the total sum provided in ARTICLE III above, upon surrender of the Participation Rights by Participant to the Permit Holders. Notwithstanding anything to the contrary herein, the Balcones Canyonlands Coordinating Committee, the City of Austin, and Travis County shall not be responsible to, nor liable to, Participant for any damages resulting from any rules,regulations,action(s),or inaction(s)by the U.S. Department of the Interior and/or the U.S. Fish and Wildlife Service promulgated on or after the date of this assignment that would in any way impair or render ineffective,either partially or in its entirety, any or all benefits to the Participant's Property that accompany the assignment of the Participation Rights herein. ARTICLE Vll. COVENANTS RUN WITH THE LAND; RECORDATION Participant agrees that promises and covenants provided herein are intended to be binding upon any heirs, successors,and assigns in interest to the Property. Upon any transfer of any ownership rights to all or part of the Property,this Agreement shall not terminate as to the particular property transferred,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 agreement by Permit Holders and Participant, this agreement shall be acknowledged and recorded in the Real Property Records of Travis County. 3 ARTICLE VIII. VENUE AND CHOICE OF LAW The obligations and undertakings of each of the parties to this Agreement shall be performable in Travis County,Texas,and this Agreement shall be governed by and construed in accordance with the laws of the State of Texas. ARTICLE IX. ENTIRETY OF AGREEMENT AND MODIFICATION This instrument contains 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 Agreement are of no force of effect. Any oral representations or modifications concerning this 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 authorized representative of such party. No official, representative, employee, or agent of the City of Austin, Travis County, or the Permit Holders has any authority to modify or amend this Agreement except pursuant to specific authority to do so granted by the Balcones Canyonlands Coordinating Committee. ARTICLE X. NON-ASSIGNMENT OF RIGHTS Participant shall not sell,transfer or assign all or any part of the Participation Rights to a party other than a successive owner of all or a portion of the Property,without the prior written consent of the Permit Holders, and any transfer of the Participation Rights,except to a successive owner of all or a portion of the Property, without the Permit Holders'consent shall be null and void. Furthermore,no assignment of this Agreement or of any right accruing hereunder, except an assignment to a successive owner of all or a portion of the Property, shall be made in whole or in part by Participant without the prior written consent of the Permit Holders. ARTICLE XI. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto,where authorized pursuant to this Agreement. 4 ARTICLE XII. NOTICE Any notice to be given hereunder by either party to the other shall be in writing and may be effected by personal delivery in writing, or registered or certified mail, return receipt requested, when mailed to the proper party,at the following addresses: PARTICIPANT: Brushy Creek Regional Utility Authority 221 E. Main St. Round Rock,TX 78664 PERMIT HOLDERS: Honorable Steve Adler(or his successor) City of Austin Mayor Chair of the Balcones Canyonlands Coordinating Committee P.O. Box 1088 Austin,Texas 78767 Attn: BCCP Application## 1045 with a copy to: Kimberlee Harvey(or her successor) Secretary of the Balcones Canyonlands Coordinating Committee P.O. Box 1088 Austin,Texas 78767 Attn: BCCP Application## 1045 and with additional copies to: Honorable David Escamilla(or his successor) Travis County Attorney P.O. Box 1748 Austin,Texas 78767 Attn: BCCP Application File No. 1045 and: City of Austin Department of Law P.O. Box 1088 Austin,Texas 78767 Each party may change the address for notice to it by giving notice of such change in accordance with the provisions of this paragraph. 5 ARTICLE XIII. TERM OF AGREEMENT This Agreement shall terminate upon the expiration or termination of the Permit, or on May 2, 2026, whichever is sooner. ARTICLE XIV. HEADINGS The headings at the beginning of the various provisions of this 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 Agreement. ARTICLE XV. NUMBER AND GENDER DEFINED As used in this 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. ARTICLE XVI. MULTIPLE COUNTERPARTS This Agreement may be executed in multiple counterparts each of which shall constitute a duplicate original hereof, but all of which together shall constitute one and the same instrument. ARTICLE XVII, TIME OF ESSENCE Time is of the essence in the Agreement. EXECUTED AS OF THE LAST DAY SET FORTH BELOW. PERMIT HOLDERS: PARTICIPA T: By 1��� )XIIAA-C- By: Melinda Mallia Karen Bondy Travis County Natural Resources Brushy Creek Regional Utility Authority Program Manager, General Manager Balcones Canyonlands Conservation Plan Date: Date: 1 Z 7-- ZQ Z 0 6 ACKNOWLEDGEMENTS PARTICIPANTS: This instrument was acknowledged before me b aren Yondy o is the.)1�day offt-" x",2020. otary ub cin andort he State of Texas ANA LAURA BONILLA Notary Public,State of Texas S Printed Name of Notary `�. ` = Comm. Expires 11-15-202a F.�& � `` Notary ID 130902237 My Commission Expires: PERMIT HOLDERS: NU 7 This instrument was acknowledged before me by Melinda Mallia on this e �kday of J� 2024. r MIKE MARTINO Notary Public in and for the State of Texas �y Pub of Texas Notary ID#12655248-0 * Carrll WM Exp.JUNE 10,2024 Printed Name of Notary My Commission Expires: _ 7 EXHIBIT"A" Description of Land to be Benefited by Participation Rights 2.8 acres BCRUA Deep Water Intake Electrical Utilities, Endpoints located at 30.46665, -97.90530 and 30.50820, -97.90443 9 EXHIBIT"B" Single Family Lot Special Provisions Certificate, Special Terms and Conditions None apply. 9 EXHIBIT T" Additional Requirements of Participant 3-201 tsair$. 1q� DEPARTMENT OF THE INTERIOR (1197) U.S.FISH AND WILDLIFE SERVICE 2.AUTHORITY-STATUTES FEDERAL FISH AND WILDLIFE PERMIT 16 USC 1539(a)(1)(B) REGULATIONS(Attached) 50CFR§§ 13& 17 BALCONES CANYONLANDS CONSERVATION PLAN &NUMBER 1. PERMITTEES TE 788841-2 City of Austin 4. RENEWABLE 5.MAY COPY P.O.Box 1088 Austin,Texas 78767 I x I YES I x I YES Travis County I l NO I I NO P.O.Box 1748 Austin,Texas 78767 6.EFFECTIVE TEXPIRES 8/5/2013 5/2/2026 8. NAME AND TITLE OF PRINCIPAL OFFICER(if#1 is a business) 9.TYPE OF PERMIT William A.Conrad,BCCP Secretary for the City of Austin and Endangered Species—Incidental Take Travis County. 10.LOCATION WHERE AUTHORIZED ACTIVITY MAY BE CONDUCTED Travis County,Texas,outside of preserve areas identified in the HCP and final EIS dated March 1996. 11.CONDITIONS AND AUTHORIZATIONS: GENERAL TERMS AND CONDITIONS I. GENERAL CONDITIONS SET OUT IN SUBPART D OF 50 CFR 13,AND SPECIFIC CONDITIONS CONTAINED IN FEDERAL REGULATIONS CITED IN BLOCK#2,ABOVE,ARE HEREBY MADE A PART OF THIS PERMIT. ALL ACTIVITIES AUTHORIZED HEREIN MUST BE CARRIED OUT IN ACCORDANCE WITH AND FOR THE PURPOSES DESCRIBED IN THE APPLICATION SUBMITTED. CONTINUED VALIDITY, 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. II. VALID FOR USE BY PERMITTEES NAMED ABOVE. III. ACCEPTANCE OF THIS PERMIT SERVES AS EVIDENCE THAT THE PERMITTEE UNDERSTANDS AND AGREES TO ABIDE BY THE"GENERAL CONDITIONS FOR NATIVE ENDANGERED AND THREATENED wiLDLnm spEcrosPERMI7s,, co enclosed). 12. REPORTING REQUIREMENTS: Annual report is due on June 1,beginning in 1997 and continuing until permit expiration. ISSUED BY: TITLE DAT c,�, OpccJQd^- Deputy Regional Director � $ �'!(3 Balcones Canyonlands—City of Austin &Travis County TE 788841-2 TERMS AND CONDITIONS SPECIFIC TO BALCONES CANYONLANDS A. If during the tenure of this permit,the amount of incidental take is exceeded,issuance of Participation Certificates must be stopped and the Permittees must reinitiate consultation with the Service to avoid violation of section 9 of the Endangered Species Act. B. Acceptance of this permit serves as evidence that the Permittees understand and agree to abide by the terms of this permit and all sections of Title 50 Code of Federal Regulations Parts 13, 17,and 21 (attached)pertinent to issued permits. C. The authorization granted by this permit is subject to compliance with, and implementation of, the terms and conditions of the Environmental Impact Statement and Habitat Conservation Plan,Biological Opinion, and all specific conditions contained in this permit. If there are any discrepancies between the requirements in these documents, the requirements identified in the special conditions of this issued permit take precedence. D. Upon locating any dead, injured, or sick individuals from the list of animal species covered by this permit,or any other endangered or threatened animal species,Permittees are required to contact the Service's Law Enforcement Office, Austin,Texas (512)490- 0948,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,the Permittees and their contractor(s) or subcontractor(s)have the responsibility to ensure that evidence intrinsic to the specimen is not unnecessarily disturbed. E. The validity of this permit is also conditioned upon observance of all relevant international, state,local,or other Federal law. F. The Permittees are authorized to "take' (kill,harm,or harass)the following federally- listed endangered species: SCIENTIFIC NAME COMMON NAME Vireo atricapillus Black-capped vireo Dendroica chrysoparia Golden-cheeked warbler Tartarocreagris texana Tooth Cave pseudoscorpion Neoleptoneta myopica Tooth Cave spider Texella reddelli Bee Creek Cave harvestman Texella reyesi Bone Cave harvestman Rhadine persephone Tooth Cave ground beetle Texamaurops reddelli Kretschmarr Cave mold beetle — lof9— Balcones Canyonlands--City of Austin &Travis County TE 788841-2 Additionally, the Permittees would be covered for incidental take of the following species of concern if these species become listed during the life of the permit and the mitigation measures identified in this permit are being performed. Philadelphus ernestii Canyon Mock-orange Croton alabamensis Texabama croton Sphalloplana mohri Flatworm Candona sp.nr. Stagnalis Ostracod Caecidotea reddelli Isopod Trichoniscinae N.S. Isopod Miktoniscus N.S. Isopod Cicurina wartoni Spider C. elliod Spider G bandida Spider G reddelli Spider C. reyesi Spider C. cueva Spider C. travisae Spider Neol eptoneta cocinna Spider Neoleptoneta devia Spider Eidmannel la recl usa Spider Aphrastochthonius N.S. Pseudoscorpion Tartarocreagris reddelli Pseudoscorpion T. intermedia Pseudoscorpion T. N.S.3 Pseudoscorpion Texella spinoperca Harvestman T. comanche New Comanche Trail Cave harvestman Speodesmus N. S. Millepede Rhadine s. subterranean Ground beetle R. s. mitchelli Ground beetle R. austinica Ground beetle G. An annual report, due June 1 of each year beginning in 1997,is to be provided to the Austin Ecological Services Field Office. This report is to include: 1. a list of all development activities west of the MOPAC Railroad that were permitted by the Permit Holders in the previous 12 months, 2. a list of all tracts for which Participation Certificates were purchased, 3. amount of funds collected for land acquisition, 4. amount of funds expended for land acquisition, 5. amount of funds expended for operations and maintenance. —2of9— Balcones Canyonlands—City of Austin &Travis County TE 788843-2 6. an updated map of the lands dedicated to preserve management, 7. a list of public use and habitat management activities that have been undertaken or completed within the bounds of the preserve units,including the status of land management plans undertaken by the permit holders and managing partners,and 8. a copy of all research or investigation reports that have been prepared within the previous 12 months. In addition to the above annual requirements,the Permit Holders must provide quarterly updates for the tracts for which Participation Certificates were purchased that include the following information: 9. a general map of each tract location and 10. a tract boundary map that identifies the areas for which the Participation Certificate applies. If a location and/or tract map is not provided to the Permit Holder during the normal permitting process, a street address will meet this requirement. H. A copy of a recorded Participation Certificate provided by the Permit Holders must be posted at the property site from the time vegetation clearing begins until the construction is completed. For residential development, completed construction is when all roads and utilities are completed to the extent that they meet the applicable acceptance criteria of the City of Austin or Travis County. For commercial,industrial, and multi-family developments completed construction is when buildings are suitable for occupancy. I. The funds collected and expended for this Permit and compliance with the financial requirements of the Permit shall be evaluated by financial audits conducted after the sale of Participation Certificates covering 3,000 fee-paid acres or every five years,whichever comes sooner,until permit expiration. Such audits will be coordinated between the USFWS and the Coordinating Committee. This audit may be part of the Permittees audit processes as required by State law and shall not be more frequent than every two years. J. The funds collected under this permit will be expended for land or easement acquisition and other preserve system needs in accordance with the following criteria: I. tracts considered for acquisition will be within or contiguous to the boundaries of the preserve units identified in the issued Permit; 2. expenditure priority should be in the following decreasing order: Bull Creek, Cypress Creek,South Lake Austin, and North Lake Austin; and —3of9— Balcones Canyonlands—City of Austin &Travis County TE 788841-2 3. dispensing of funds from the BCCP Fund account should be accomplished as soon as there are adequate funds to complete a transaction or implement a strategy for acquisition, taking into account opportunity,preserve priority and development threat. K. The Permit Holders will administer the issuance of the Participation Certificates. L. Incidental take that may result from the implementation of land management activities within the boundaries of a preserve and contained in a management plan approved by the Coordinating Committee, are covered and authorized under this Permit. M. Incidental take that may result from the implementation of utility and infrastructure corridor projects approved by the Secretary of the Coordinating Committee and within one of the BCCP-Shared vision approved utility and infrastructure corridors, as provided in the final E1S/HCP,Appendix B,is covered and authorized under this Permit. AMENDMENT TO CONDITION M This amendment shall authorize the Lower Colorado River Authority to increase their corridor expansion from the original 100-foot(30.5 meters)right-of-way to 170 feet(51.8 meters). The corridor expansion shall be an aerial expansion only(above treetop level) and will not extend to ground level. No additional habitat will be affected and no additional take of golden-cheeked warblers will occur. N. Incidental take of the Barton Springs salamander is not covered by this Permit.Entities who purchase Participation Certificates for activities within the Travis County portion of the Barton Springs watershed should obtain guidance with respect to avoiding the impacts of their activities on water quality as they relate to the Barton Springs salamander. O. The incidental take authorization of this permit does not apply to the "take"of any endangered or threatened species outside of the boundary of the permit as identified in the EIS/HCP-dated March 1996 or any modifications/amendments to that boundary. P. The Service's"No Surprises"policy provides that additional mitigation,lands or financial compensation shall not be required of the Permittees or their successors beyond the level of mitigation provided for in the EIS/HCP.With respect to this permit,the EIS/HCP and supporting documents adequately addressed the species listed in special condition F above. To be fully covered by the"No Surprises"policy for a specific species, all of the requirements identified for that species must be met. —4of9— Balcones Canyonlands—City of Austin &Travis County TE 788841-2 SPECIES SPECIFIC TERMS AND CONDITIONS Q. GOLDEN-CHEEKED WARBLER: 1. Ensure at least 28,428 acres within the seven identified macrosites will be acquired and managed for the golden-cheeked warbler during the permit duration. Acquisition and management activities through this Permit,other issued incidental tale permits, and section 7 consultations where the mitigation activities are within or contiguous to the proposed preserve boundaries,count toward this goal. 2. In conjunction with the managing partners, control human activities to eliminate or mitigate any adverse impacts of human activities to the warbler on these 28,428 acres,for the acreage acquired. 3. No vegetation clearing activities will be accomplished within golden-cheeked warbler habitat,Zones 1 and 2,from March 1 through August 31 to prevent the disturbance of nesting activities unless current breeding season surveys, conducted in accordance with Fish and Wildlife Service protocol,indicate that the warbler is not nesting within 300 feet of the proposed clearing. 4. Develop and implement an approved land management plan,in accordance with the land management guidelines set forth by the Coordinating Committee,for each tract within 12 months after permit issuance or within 12 months of land acquisition,whichever is later. R. BLACK-CAPPED VIREO 1. Ensure at least 2,000 acres within the seven identified macrosites will be acquired and managed for the black-capped vireo during the permit duration. Acquisition and management activities through this Permit, other issued incidental take permits, and section 7 consultations where the mitigation activities are within or contiguous to the proposed preserve boundaries,count toward this goal. 2. In conjunction with the managing partners,control human activities to eliminate or mitigate any adverse impacts of human activities to the vireo on these 2,000 acres, for the acreage acquired. 3. No vegetation clearing activities will be accomplished within black-capped vireo habitat between March I and August 31 to prevent the destruction of an active nest unless current breeding season surveys, conducted in accordance with Fish and Wildlife Service protocol,indicate that the vireo is not nesting within 300 feet of the proposed clearing. —5 of 9— Balcones Canyonlands—City of Austin &Travis County TE 788841-2 4. Develop and implement an approved land management plan,in accordance with the land management guidelines set forth by the Coordinating Committee,for each tract within 12 months after permit issuance or within 12 months of land acquisition,whichever is later. S. LISTED KARST INVERTEBRATES 1. Acquire and manage, or implement formal management agreements, as provided in subsection(4) below, adequate to preserve the environmental integrity of the following 35 caves that support federally-listed karst invertebrates: Amber Cave Kretschmarr Double Pit Bandit Cave Kretschmarr Cave Beard Ranch Cave Lam Cave Bee Creek Cave Little Bee Creek Cave Broken Arrow Cave M.W.A. Cave Cave Y McDonald Cave Cold Cave McNeil Bat Cave Cotterell Cave New Comanche Trail Cave Disbelievers Cave No Rent Cave Eluvial Cave North Root Cave Fossil Cave Rolling Rock Cave Fossil Garden Cave Root Cave Gallifer Cave Spider Cave Hole-In-The-Road Stovepipe Cave Japygid Cave Tardus Hole Jest John Cave Tooth Cave Jester Estates Cave Weldon Cave Jollyville Plateau Cave 2. If during investigations for development of a tract, karst features are discovered with a significant diversity of troglobitic fauna,those karst features may be submitted to the Service for consideration for exchange with karst features identified for protection by the BCCP.The determination of"significant diversity"will be made by the permit applicants and the Service,in association with karst experts. The inclusion of such a karst feature would not increase the number of caves to be protected by the BCCP,but would result in the new feature replacing a previously identified cave or caves. 3. Where the surface and subsurface hydrogeologic area around a cave identified for protection is not known, the area delineated by the contour level at the bottom of the cave will be managed for cave protection. In the absence of such site specific information, no Participation Certificates are to be awarded within 0.25 miles of the cave entrance until the hydrogeologic areas are properly delineated. —6of9 Balcones Canyonlands-City of Austin &Travis County TE 788841-2 4. Enter into formal management agreement(s)for all caves that are recommended for protection but have yet to be acquired.The management agreement(s) will detail the area to be managed for cave protection,what such management will entail,and who is responsible for the management. T. KARST SPECIES OF CONCERN 1. Acquire and manage, or implement formal management agreements, as provided in subsection(4)below, adequate to preserve the environmental integrity of the following 27 caves, in addition to the caves protected for the federally-listed species that support the karst species of concern: Adobe Springs Cave Moss Pit Airman's Cave Pennie Cave Armadillo Ranch Sink Pickle Pit Arrow Cave Pipeline Cave Blowing Sink Flint Ridge Cave Buda Boulder Spring Slaughter Creek Cave Cave X Get Down Cave Ceiling SIot Cave Spanish Wells Cave District Park Cave Goat Cave Jack's Joint Stark's North Mine Lost Oasis Cave Ireland's Cave Lost Gold Cave Talus Spring Maple Run Cave Whirlpool Cave Midnight Cave The caves in which the karst species of concern occur are listed below. To receive the"No Surprises" guarantee for the identified species, the caves identified must be protected, as per "1" above. SPECIES CAVE Sphalloplana mohri Spanish Wells Cave Candona sp. nr.Staqnalis Cave X Caecidotea reddelli Buda Boulder Cave, Cave X,Jack's Joint Trichoniscinae N.S. Bandit Cave Miktoniscus N.S. Cave X Cicurina wartoni Pickle Pit C. ellioti Cotterell Cave,Fossil Garden Cave, Gallifer Cave, No Rent Cave,Weldon Cave C. bandida Bandit Cave,Ireland's Cave C. reddelli Cotterell Cave C. reyesi Airman's Cave C. cueva Cave X,Flint Ridge Cave —7of9— Balcones Canyonlands—City of Austin &Travis County TE 788841-2 C. travisae Amber Cave,Broken Arrow Cave, Kretschmarr Cave,McDonald Cave, Root Cave,Spider Cave, Stovepipe Cave,Tooth Cave Neoleptoneta cocinna Lost Gold&Stark's North Cave N. devia McDonald Cave Eidmannella reclusa Tooth Cave,Gallifer Cave,Kretschmarr Cave, Stovepipe Cave Aphrastochthonius N.S. Stovepipe Cave Tartarocreaqris reddelli McDonald Cave T. intermedia Airman's Cave T. N.S.3 BCNWR Texella spinoperca Airman's Cave T: Comanche New Comanche Trail Cave Speodesmus N.S. Bandit Cave, Cave X, Get Down Cave, Goat Cave, Penne Cave,Pipeline Cave,Slaughter Creek Cave,Whirlpool Cave Rhadine s. subterranean Cotterell,Fossil,Fossil Garden,No Rent,McNeil Bat,Weldon Cave R. s. mitchelli Amber,Kretschmarr,Tooth Cave R. austinica Airman's,Arrow,Bandit,Bee Creek,Blowing Sink,Cave Y,Cave X, District Park,Flint Ridge,Get Down,Ireland's,Lost Gold, Lost Oasis,Maple Run,Midnight,Pennie, Whirlpool 2. If during investigations for development of a tract,karst features are discovered with a significant diversity of troglobitic fauna,those karst features may be submitted to the Service for consideration for exchange with karst features identified for protection by the BCCP. The determination of"significant diversity"will be made by the permit applicants and the Service,in association with karst experts. The inclusion of such a karst feature would not increase the number of caves to be protected by the BCCP,but would result in the new feature replacing a previously identified cave or caves. 3. Where the surface and subsurface hydrogeologic area around a cave identified for protection is not known,the area delineated by the contour level at the bottom of the cave will be managed for cave protection. In the absence of such site specific information, no Participation Certificates are to be awarded within 0.25 miles of the cave entrance until the hydrogeologic areas are properly delineated. 4. Enter into formal management agreement(s) for all caves that are recommended for protection but have yet to be acquired. The management agreement(s) will detail the area to be managed for cave protection, what such management will entail, and who is responsible for the management. —8of9— Balcones Canyonlands—City of Austin &Travis County TE 788841-2 U. CANYON MOCK-ORANGE Protect and manage the portions of the known populations found within the preserve boundaries, for the acreage acquired. V. TEXABAMA CROTON Protect and manage the populations at Pace Bend Park. **** END OF PERMIT#TE 788841 —2 * —9of9— EXHIBIT"D" City of Austin Infrastructure Determination Letter; Special Terms and Conditions 4s November 13,2020 Joey Thompson Brushy Creek Regional Utility Authority(BCRUA) 221 E. Main Street Round Rock,TX 78613 Re: BCRUA Deep Water Intake Electrical Utilities Dear Mr. Thompson: Thank you for your application on behalf of BCRUA regarding the BCRUA Deep Water Intake Electrical Utilities. The site location provided on the Balcones Canyonlands Conservation Plan (BCCP) Infrastructure Habitat Assessment Application is as follows: Rebuild U,erhrad L i., This project site lies inside and outside of the preserve boundary for the Balcones Canyonlands Preserve. Based upon a review of the project plans submitted with the application, this project is eligible to participate in the regional Balcones Canyonlands Section 10(a) permit. Take occurring inside the preserve boundary is being mitigated by virtue of the fact that it is occurring inside an approved infrastructure corridor. Participation under the BCCP permit will cover incidental take of endangered species habitat, particularly golden-cheeked warbler (GCWA) habitat and karst habitat that the project might impact. This application, determination, and construction approval covers the proposed: The proposed project includes the rebuilding of existing overhead utilities within a 20-foot power line easement to provide adequate power for the proposed BCRUA Phase 2 Deep Water Intake.This will include new poles,conductor and guy wires. Heavy equipment to be used will be mobile cranes to set poles, hole drilling trucks and bucket trucks to facilitate construction. The vegetation disturbance will include maintaining the existing easement be clearing overhead vegetation to facilitate machinery and other equipment to install the overhead lines. Additionally, minimal clearing of vegetation outside of the easement within the access path for heavy equipment to access the easement with BCP properties from the BCP property entry. Ground disturbance will include numerous poles to be constructed within ROW. Based on BCCP Habitat Zone Maps and maps submitted with the application, the project as described will impact the following BCCP Habitat Zones: 0.3 acres Karst Mitigation Zone 2 • 1.6 acres in Golden-cheeked Warbler Zone 1 • 0.9 acres in Golden-cheeked Warbler Zone 2 All mitigation acreages for infrastructure projects are rounded up to the next 0.1 acre increment under the calculation procedures approved by the BCCP Coordinating Committee. The total mitigation fee will be for$11,575. 1 am passing this habitat assessment along to Travis County for preparation of a participation certificate. Travis County will provide the necessary participation agreements for your signature and issue the certificate upon receipt of the participation fee. These mitigation fees are used to purchase additional habitat lands within the Balcones Canyonlands Preserve for the long-term protection of the listed endangered species and other species of concern. Your contact for this phase of the application process is Amanda Wood, Travis County's Environmental Specialist and BCCP Coordinator at Travis County Transportation and Natural Resources#(512) 854-7213. This letter also serves as Construction Approval for BCRUA Deep Water Intake Electrical Utilities project in the BCCP infrastructure corridor as required in the New Construction guidance in the BCCP Infrastructure Management Plan. This construction approval is specific to construction activities in approved infrastructure corridors within the preserve boundaries. Construction approval is granted with the following conditions: 1. Construction shall be accomplished in accordance to all plans and map specifications submitted by BCRUA and received by the Coordinating Committee Secretary. Any changes or deviations from those plans and specifications must be submitted to the Coordinating Committee Secretary for approval prior to implementation. 2. If at any point within a BCCP approved corridor a cave, karst feature, or void is encountered all work will stop within 500 feet of the accidental disturbance. U.S. Fish and Wildlife Service(Service)and the Coordinating Committee Secretary(Secretary)shall be immediately notified. The void shall be investigated using the most current procedures designated by the Service. Results of the investigations will be reported to the Service and the Secretary. Work shall not resume until authorized is received by the Service and by the Secretary. 3. In order to reduce the possibility of bringing invasive Tawny Crazy Ants onto the preserve, all fill must be inspected and approved by BCP staff prior to bringing it on to the BCP. 4. To minimize impacts to unimproved roads by heavy equipment, if there is a rain event totaling 0.5"of rain or greater, work will be postponed(24 hours for light rain,48 hours or more for heavier rains) until the ground dries out. 5. BCRUA is responsible for coordinating with property owners within the preserve area regarding access and access restrictions during the course of the project. As stated, construction activities will occur within areas designated as Golden-cheeked Warbler habitat. When participating under the BCCP permit, there are important requirements that relate to site clearing and subsequent construction activity that must be observed. Clearing of woody vegetation should be completed during the months from September through February. After March 1, such vegetation work must cease since Golden-cheeked Warblers will have returned to the area to nest. Construction may proceed beyond the March 1 deadline once the natural vegetation has been removed, and in accordance with USFWS protocol. There is also the potential to spread Oak Wilt with the clearing or pruning of Live Oaks and Red Oaks. Therefore, it will be necessary to strictly adhere to area Oak Wilt Prevention Policy. Please ensure all personnel on site adhere to this policy. Please keep a copy of this letter at the project site. If you have any further questions regarding this assessment or encounter any problems, please feel free to call me at(512) 972-1663. Kind Regards, David Gimnich City of Austin BCCP Infrastructure Coordinator cc: File#: 20-020 Amanda Wood, Travis County BCCP Coordinator Kimberlee C. Harvey, BCCP Coordinating Committee Secretary Tanya Sommer, Assistant Field Supervisor, USFWS