CM-08-09-227Deed Recordation Affidavit
Edwards Aquifer Protection Plan
THE STATE OF TEXAS
County of Williamson §
BEFORE ME, the undersigned authority, on this day personally appeared James R. Nuse who, being duly sworn
by me, deposes and says:
(1) That my name is James R. Nuse and am the City Manager of the City of Round Rock, Texas
(2) The City of Round Rock owns the real property described below.
(3) That said real property is subject to an EDWARDS AQUIFER PROTECTION PLAN which was
required under the 30 Texas Administrative Code (TAC) Chapter 213.
(4) That the EDWARDS AQUIFER PROTECTION PLAN for said real property was approved by the
Texas Commission on Environmental Quality (TCEQ) on 4-22-08
(5)
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 Williamson County, Texas, and the legal description of the property
is attached hereto as Exhibit B, and is incorporated herein by reference.
SWORN AND SUBSCRIBED TO before me,
THE STATE OF TEXAS §
County of Williamson §
NOTARY PUBLIC
BEFORE ME, the undersigned authority, on this day personally appeared James R. Nuse known to me to be the
same person whose name is subscribed to the forgoing instrument, and acknowledged to me that he executed same for the
purpose and consideration therein expressed.
GIVEN under my hand and seal of office on this
` y, = SARA L. WHIiE
Z .49 MY COMMISSION EXPIRES
"' :,4}•'? July 11, 2012
►_rr - r,
144905 64" - vU - 09-- 221
day
of , 1,07)6 .
NOTARY PUBLIC
Stivk �vV�iikel
Typed or Printed Name of Notary
MY COMMISSION EXPIRES:
11,71)12-
Buddy Garcia, Chairman
Larry R. Soward, Commissioner
Bryan W. Shaw, Ph.D., Commissioner
Glenn Shankle, Executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
April 22, 2008
Mr. Don Rundell, P.E.
City of Round Rock
212 Commerce Cove
Round Rock, Texas 78664
Re: Edwards Aquifer, Williams County
NAME OF PROJECT: ilk 1431-2.0 MG Elevated Water Storage Tank; South side of FM 1431,
0.9 miles east of Sam Bass Road; Round Rock, Texas
TYPE OF PLAN: Request for Approval of a Water Pollution Abatement Plan (WPAP); 30
Texas Administrative Code (TAC) Chapter 213 Edwards Aquifer
Edwards Aquifer Protection Program ID No. 11-08022501
Dear Mr. Rundell:
The Texas Commission on Environmental Quality (TCEQ) has completed its review of the WPAP
application for the referenced project submitted to the Austin Regional Office by HDR Engineering, Inc.
on behalf of the City of Round Rock on February 22, 2008. Final review of the WPAP submittal was
completed after additional material was received on April 18, 2008. As presented to the TCEQ, the
Temporary and Permanent Best Management Practices (BMPs) and construction plans were prepared by
a Texas Licensed Professional Engineer to be in general compliance with the requirements of 30 TAC
Chapter 213. These planning materials were sealed, signed, and dated by a Texas Licensed Professional
Engineer. Therefore, based on the engineer's concurrence of compliance, the planning materials for
construction of the proposed project and pollution abatement measures are 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 fmal 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 thLs 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
PROJECT DESCRIPTION
The proposed commercial project will have an area of approximately 1.45 acres. It will include the
construction of a two million gallon composite elevated water storage tank with associated access drives
and area pavement. The impervious cover will be 0.29 acres or 19.9%. No project wastewater will be
associated with this project.
REPLY To: REGION 11 • 2800 S. 1xTEesrATE HWY. 3.5, STE. 100 • AUSTIN, TEXAS 78704-5700 • 512-339-2929 • FAX 512-339-3795
P.O. Box 13087 • Austin, Texas 78711-3037 • 512-239-1000 • Internet address: www.tceq.state.tx
pnnte on rccycico pap, using soy -nasal int:
Mr. Don Rundell, P.E.
Page 2
April 22, 2008
PERMANENT POLLUTION ABATEMENT MEASURES
Engineered vegetative filter strips will be constructed to treat stormwater runoff. Natural vegetative filter
areas will also provide treatment of stormwater runoff. The individual treatment measures will consist of
10,494 feet of 15 foot wide engineered filter strips along with the natural vegetative filter areas. The
approved measures meet the required 80 percent removal of the increased load in total suspended solids
caused by the project.
GEOLOGY
According to the geologic assessment included with the application, the Edwards Limestone is exposed
at the site. Two features are located on the site near the northern boundary of FM 1341. Both features
are non -sensitive solution cavities with a limited catchment area and low infiltration rate based on their
size and general location. The Austin Regional Office site investigation of April 16, 2008, revealed that
the site is generally as described by the geologic assessment.
SPECIAL CONDITIONS
This approval does not authorize the installation of temporary above ground 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. 4 below.
Il. The holder of the approved Edwards Aquifer WPAP must comply with all provisions of 30 TAC
chapter 213 and all best management practices and measures contained in the application.
III. Intentional discharges of sediment laden stormwater during construction are not allowed. If
dewatering of excavated areas becomes necessary, the discharge will be filtered through
appropriately selected temporary best management practices. These may include vegetative filter
strips, sediment traps, rock berms, silt fence rings, etc.
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.
Prior to Commencement of Construction:
2. 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 deseriptiorparty- boundaries shall be included in the
dead aseordaticat in the county deed -records, A suggested form (Deed Recordation Affidavit,
TCEQ-0625) that you may use to deed record the approved WPAP is enclosed.
3. 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
Mr. Don Rundell, P.E.
Page 3
April 22, 2008
3. 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.
4. 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 approval prior to initiating
construction of the modifications.
5. 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.
6. Temporary erosion and sedimentation (E&S) controls, i.e., silt fences, rock berms, stabilized
construction entrances, or other controls described in the approved WPAP, 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. The TCEQ may
monitor stormwater discharges fano 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.
7. 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;
8. 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.
9. 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.
Mr. Don Rundell, P.E.
Page 4
April 22, 2008
10. No wells are present at the site. 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.
11. 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.
12. 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 stabiliwation
measures are initiated.
13. 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:
14. A Texas Licensed Professional Engineer must certify in writing that the permanent BMPs or
measures were constructed as designed. The certification letter must be submitted to the Austin
Regional Office within 30 days of site completion.
15. The applicant shall be responsible for maintaining the permanent BMPs after construction until
such time as the maintenance obligation is either assumed in writing by another entity having
ownership or control of the property (such as without limitation, an owner's association, a new
property owner or lessee, a district, or municipality) or the ownership of the property is
transferred to the entity. The regulated entity shall then be responsible for maintenance until
another entity assumes such obligations in writing or ownership is transferred. A copy of the
transfer of responsibility must be filed with the executive director through the Austin Regional
Office within 30 days of the transfer. A copy of the transfer form (TCEQ-10263) is enclosed.
16. 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.
Mr. Don Rundell, P.E.
Page 5
April 22, 2008
17. 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.
18. 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.
If you have any questions or require additional information, please contact Mr. John Guerra of the
Edwards Aquifer Protection Program of the Austin Regional Office at (512) 339-2929.
Sine - rely,
Glenn Shankle
Executive Director
Texas Commission on Environmental Quality
GS/jmg
Enclosures: Deed Recordation Affidavit, TCEQ-0625
Change in Responsibility for Maintenance on Permanent BMPs, TCEQ-10263
cc: Darren Strozewski, P.E. HDR Engineering, Inc.
The Honorable Dan A. Gattis, County Judge, Williamson County
Mr. Joe M. England, P.E., County Engineer, Williamson County
Mr. Danny Hadden, P.E., City Engineer, City of Round Rock
TCEQ Central Records
WILLIAMSON COUNTY, TEXAS
WASHINGTON ANDERSON SURVEY, ABSTRACT NO. 15
1.451 ACRES (63,201 SQUARE FEET)
BOUNDARY DESCRIPTION
Page 1 of 3
DESCRIPTION OF A 1.451 ACRE (63,201 SQUARE FOOT), TRACT OF LAND SITUATED IN
THE WASHINGTON ANDERSON SURVEY, ABSTRACT NO. 15, IN WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF THAT CALLED 245.4 ACRE TRACT OF LAND CONVEYED
TO THE CITY OF ROUND ROCK BY INSTRUMENT RECORDED IN DOCUMENT NO.
2000066640 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS,
SAID 1.451 ACRE (63,201 SQUARE FOOT), TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at calculated point in the existing curving southerly right-of-way line of R.M. 1431
(200 foot right-of-way width), being the northeasterly comer of said 245.4 acre tract and the
most northerly comer of Lot 20 and the northwesterly comer of Lot 21, Block 14, Brushy Creek
North Section Two, according to the plat thereof recorded in Cabinet C, Slides 332-337 of the
Plat Records of Williamson County, Texas, and being the northeasterly comer and POINT OF
BEGINNING of the herein described tract, from which a found TxDOT Type II monument bears
S 16°58151' E, a distance of 2.74 feet;
1) THENCE, departing said existing southerly right-of-way line of R.M. 1431, with the
common boundary line of said 245.4 acre tract and said Lot 20, S 20°09'28" E for a
distance of 223.27 feet to a calculated point, being an angle point in the easterly
boundary line of said 245.4 acre tract and the westerly boundary line of said Lot 20, and
being an angle point in the easterly boundary line of the herein described tract
2) THENCE, continuing with the westerly boundary line of said Lot 20 and Lot 19, and in
part, the westerly boundary line of Lot 18 of said subdivision, same being the easterly
boundary line of said 245.4 acre tract, S 19°57'56" E for a distance of 184.02 feet to a
calculated point in the westerly boundary line of said Lot 18, being the southeasterly
comer of the herein described tract;
THENCE, departing the westerly boundary line of said Lot 18, through the interior of said 245.4
acre tract, the following four (4) courses:
3) S 71°02'08" W for a distance of 257.00 feet to a calculated point, being the
southwesterly comer of the herein described tract;
4) N 19°59'24" W for a distance of 207.00 feet to a calculated point, being an exterior ell
comer in the westerly boundary line of the herein described tract;
5) N 71°02'08" E for a distance of 207.00 feet to a calculated point, being an interior ell
corner In the westerly boundary line of the herein described tract
6) N 20°09'28" W for a distance of 200.00 feet to a calculated point in the curving northerly
boundary line of said 245.4 acre tract, same being said existing southerly right -orf -way
line of R.M. 1431, being the northwesterly corner of the herein described tract;
EXHIBIT
Page 2 of 3
9) THENCE, with the northerly boundary Zine of said 245.4 acre tract and said existing
southerly right-of-way line of R.M. 1431, along a curve to the left, having a delta angle of
00°14'52", a radius of 11559.16 feet, an arc length of 50.01 feet, and a chord which
bears N 70°42'38" E for a distance of 50.01 feet to the POINT OF BEGINNING,
containing 1.451 acres (63,201 square feet) of land, more or less.
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central
Zone No. 4203, NAD 83.
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
KNOW ALL MEN BY THESE PRESENTS:
That I, Travis Hom, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property
described herein was determined by a survey made on the ground under my direction and
supervision.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
Travis Hom
Registered Professional Land Surveyor No. 5705
Inland Geodetics, L.P.
1504 Chisholm Trail Road Suite 103
Round Rock, TX 78681
Date
..r
0
04O
z � _
om•a 18 JO --X sa •11 La
iiiA�
PV 0r-o)ri a
�N
cc
It
O
O
PAGE 3
•
O
0
e1-
• 0
O ccoCC o
•
z• Qg�
w�• Ncy
LL N 0 a:
o
5
N
W
0
0
0
0
z
O
W
1-
2 2
z h z
Z Z
o z
=
O
O
a
0
g
RI
z
0
N
7 W
O W O
}a Z
a F -
0 0 0
J 0 O
u Hix a E 03 0343
LA O CO Ln
X 0 X X X
W ac W W W
I-- OF- h h
> , } >'
F- LCI- or F- h
O
0)0 .l0 pO a)0
00 LUV 0000
CCO W Lr
> V 0 0 000
taco Jao JN WN
,L2 a2a2Lc2
W a 54t 5 a a
OW -t WJLy-I QJ
• W J W J J J
•Q®parr.
0
LIC
0
O.P.R.W.C.T.
1-
U
lr
0
0
4.
w
J
1—
W
0
v
Z
Lr
W
Lr0
0
x
0
W
L0
0
(O
co
0
z
W
2m
th
N
0
•0
t+ -
z
O
0
x
0
w7
O
.43'
0
LL)
X
F-
z
tat
J
m
m
0
•f'
0
0
N
W
O
a
Lr
ses
0i
Io
u)
w
J
(0
z
a
a
h
J
Lit
0
O
Z
0
N
0
0
N
0
n
0
0
N
U
q
W
0
1-
�a
.j40
aWo
W 2
o
la 4
4 J i
A
az hi
�p14
aN
x�
ZWO1
1' W
x
o m
05 0
Z 0 U
5 Si
W4z
oar
� J W
0 > 0
4544
0 4-
U
m
om
zenaspQ
W C 2
J0W�W
Ja
40>
V eo
P
N
• 0.1
y
O
Surveyor No. 5705
W
Z
O uo
1—
•
O Z
LO
03
WZ
wLo
U
Q
in o u,
CCNC3J-I
C/)o
W
°
Q (=)
r
0
EnX
0
DATE: August 25, 2008
SUB]ECT: City Manager - September 5, 2008
ITEM: Consider executing Deed Recordation Affidavit for the Edwards
Aquifer Protection Plan for the RM 1431-2MG Elevated Water Storage
Tank.
Department: Water and Wastewater Utilities
Staff Person: Michael D. Thane, P.E., Director of Utilities
Justification:
The Texas Commission on Environmental Quality (TCEQ) requires a Deed Recordation
Affidavit of the written approval of an Edwards Aquifer protection plan (WPAP) be recorded
in the county deed records and written proof of said recordation be sent to TCEQ's Austin
Regional Office. The City Manager's signature is necessary as the City's representative
owner of the real property described in the affidavit to be filed in the Williamson County
Deed Records.
Funding:
Cost: Williamson County Filing Fee
Source of funds: Capital Project Funds (Self -Financed Utility)
Outside Resources: HDR, Engineering, Inc. (Prepared and Submitted the WPAP)
Background Information:
With this 2.0 MG Elevated Water Storage Tank improvement, the City can meet its
obligations to the City of Cedar Park. In addition to the 2.0 MG Elevated Water Storage
Tank project two other projects are required to meet our obligations under the Interlocal
Agreement for Emergency Water Supply between the City of Round Rock and the City of
Cedar Park, as approved by Council on May 24, 2007. These projects are the RM 1431 36"
Water Line project just completed by Cash Construction Company and the 7.5 MGD High
Service Pump project at our Water Treatment Plant that is currently under construction by
Excel Construction Company. Cedar Park is contributing $1,000,000 to these projects per
the agreement.
Public Comment: N/A
Blue Sheet Format
Updated 01/20/04