CM-09-09-182WILLIAMSON
COUNTY
1848
Will IA m. ,(A (. (.)i IN I V
CONSERVATION k INI )AI I( )N
WILLIAMSON COUNTY REGIONAL HABITAT CONSERVATION PLAN
PARTICIPATION AGREEMENT
This WILLIAMSON COUNTY REGIONAL HABITAT CONSERVATION PLAN
PARTICIPATION AGREEMENT (this "Participation Agreement") dated ,.•" i .f. _`, , 2009 is
entered into by the City of Round Rock, Texas and the Williamson County Road Bond Program (the
"Participant"), and the WILLIAMSON COUNTY CONSERVATION FOUNDATION, a Texas non-
profit corporation (the "Foundation").
BACKGROUND
Williamson County, Texas, and the Foundation are the permittees under federal Endangered
Species Act incidental take permit number TE -181840-0 dated October 21, 2008 (the "Permit") . The
Permit authorizes "take" of certain listed species of wildlife occurring in Williamson County in exchange
for implementation of the Williamson County Regional Habitat Conservation Plan (the "Plan"). The
Foundation/Williamson County administers the Plan, which includes granting participation rights to
applicants who enter into participation agreements. Through participation in the Plan, a participant
receives authority for incidental "take" of listed species covered by the Permit, in accordance with the
terms and conditions of the Permit and this Participation Agreement. Incidental take means take that
results from, but is not the purpose of, carrying out an otherwise lawful activity. Participant is the owner
of a tract or tracts of land (the "Property") located in Williamson County, Texas, and described on Exhibit
"A" to this Participation Agreement.
AGREEMENT
1. Grant Of Participation Rights And Obligations Of Participant. The
Foundation hereby grants to the Participant the right to participate in the Plan with respect to the
Participant's proposed activities on the Property. Exhibit "B" to this Participation Agreement
describes the Participant's proposed activities and the species to be covered under this
Participation Agreement. The Participant represents and warrants that the activities proposed to
be covered under this Participation Agreement will be carried out in full compliance with all
applicable laws and regulations. This Participation Agreement covers only those activities
described on Exhibit "B". The Participant shall consult with the Foundation before deviating in
any material respect from the described activities. This Participation Agreement is entered into
subject to all terms and conditions of the Permit, the Plan, and applicable law and regulations, and
the Participant assumes and agrees to be bound by all of such terms and conditions, including
without limitation those described on Exhibit "C" to this Participation Agreement.
2. Participation Fee. The Participant has paid to the Foundation the total sum of
$401,300.00 (Four hundred one thousand three hundred and no hundredths Dollars) as the
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CM -Oct -Oq -1 S2
1
Participant's fee to participate in the Plan with respect to the Participant's proposed activities on
the Property.
3. Right To Inspect. The Foundation, the County, and the U.S. Fish and Wildlife
Service shall have the right to inspect the Property in order to ensure compliance with the terms
of this Participation Agreement.
4. Breach By Participant. The Foundation shall provide Participant written notice
specifying any breach of the terms of this Participation Agreement, and Participant shall have
seven (7) days thereafter, or such other length of time the Foundation agrees in writing, to cure
said breach. The Foundation, at its sole discretion and for good cause, including without
limitation Participant's failure to cure any breach within the applicable timeframe, may terminate
this Participation Agreement. Notification of breach and termination of participation rights shall
be made by the Foundation to the Participant in writing at the address provided in Section 11.
5. Participant's Sole Recourse . In the event that this Participation Agreement is
(i) ineffective or deficient with respect to the Property or Participant's proposed activities for any
reason, or (ii) terminated in accordance with the terms and provisions of this Participation
Agreement, Participant's sole recourse shall be to recover from the Foundation an amount not to
exceed the total sum referenced in Section 2 of this Participation Agreement, upon surrender and
termination of this Participation Agreement by Participant in writing to the Foundation;
provided, Participant shall not be entitled to recover administrative fees from the Foundation.
6. Covenants Run With The Land; Recordation. Participant agrees that the
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 interests to all or part of the
Property, this Participation Agreement shall not terminate as to the Property, 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 Participation
Agreement by the Foundation and Participant, a Memorandum of Participation Agreement in
form substantially the same as "Exhibit D" attached hereto and incorporated herein for all
purposes, shall be signed, acknowledged, and recorded by the Participant in the Official Public
Records of Williamson County, Texas. The Participant shall promptly provide a copy of the
recorded Memorandum of Participation Agreement to the Foundation.
7. Venue And Choice Of Law. The obligations and undertakings of each of the
parties to this Participation Agreement shall be performable in Williamson County, Texas, and
this Participation Agreement shall be governed by and construed in accordance with the laws of
the United States and the State of Texas.
8. Entirety Of Agreement And Modification. This instrument constitutes 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 Participation Agreement are of no force of effect. Any oral representations or
modifications concerning this Participation 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.
9. Non -Assignment . Participant shall not sell, transfer, or assign all or any part of
this Participation Agreement to a party other than a successive owner of all or a portion of the
Property without prior written consent of the Foundation.
{004.00046512.6}
2
10. Successors And Assigns. This Participation Agreement shall be binding upon
and inure to the benefit of the successors and assigns of the respective parties hereto, as and
where authorized pursuant to this Participation Agreement.
11. Notice. All notices under this Participation Agreement shall be in writing and
shall be deemed to have been properly given, delivered and received (a) as of the date of delivery
if personally delivered, or (b) as of the date of deposit in the mail system if sent by United States
certified mail, return receipt requested, postage prepaid. For purposes of notices, the addresses of
the parties are as follows
AND
PARTICIPANT:
City of Round Rock, Texas
c/o City of Round Rock Administration Department
221 East Main Street
Round Rock, Texas 78664
Williamson County Road Bond Program
c/o Williamson County
710 Main, Ste. 101
Georgetown, Texas 78626
Attn: Foundation Application File No. 20090319
Fax: (512) 943-1662
FOUNDATION:
Williamson County Regional Habitat Conservation Plan
Plan Administrator
350 Discovery Boulevard #207
Cedar Park, Texas 78613
Attn: Foundation Application File No. 20090319
Fax: (512) 260-4237
or to such other address as hereafter shall be designated in writing by the applicable party.
12. Term Of Participation Agreement. This Participation Agreement shall
terminate upon the expiration or termination of the Permit.
13. Headings. The headings at the beginning of the various provisions of this
Participation 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 Participation Agreement.
14. Number And Gender Defined. As used in this Participation 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.
{004.00046512.6}
3
EXECUTED AS OF THE LAST DAY SET FORTH BELOW.
FOUNDATION: PARTICIPANTS:
1.�
By:
Print Name: (_---4
Title: h .
Date: 1 f' /1-.A
Exhibit List:
Exhibit "A" —
By:
Prin
Title:
Date:
B
rmt Name:/41#- (r*Trt
Title: COL) )1 ' \1J JJ (ft:-
Date:
st,
Date: I0/LIfo9
Description of Participant's Property, including, as available, GPS
coordinates/points
Exhibit "B" — Covered Species and Participant's Proposed Activities Relative to Participation
Agreement
Exhibit "C" — Special Terms and Conditions in Connection with 10(a) Permit #TE -
181840
Exhibit "D" — Williamson County Regional Habitat Conservation Plan Memorandum of
Participation Agreement Relative to U.S. Fish and Wildlife Service Permit
{004.00046512.6}
4
EXHIBIT "A"
TO PARTICIPATION AGREEMENT
Description of Participant's Property, including GPS coordinates/points
Property is identified as a 120 -foot wide Right -of -Way for Wyoming Springs between RM 620
and Brightwater Road, Round Rock, Williamson County, Texas. Files outlining the limits of the
project are also held in WCCF offices, Williamson County, Texas and are available in shape file
format (*.shp) in the offices of Williamson County GIS. Identifying GPS points are a part of files
in the WCCF office.
{004.00046512.6}
Exhibit A-1
EXHIBIT "B"
TO PARTICIPATION AGREEMENT
Covered Species and Participant's Proposed Activities Relative to Participation Agreement
Provide a summary describing the scope and nature of the proposed activities and uses of the
Property. This summary should provide details regarding the proposed development plan,
including square footage or acreage of limit of construction (limit of construction is any area
within which any type of construction or land disturbance will occur, i.e., area for erosion
controls, driveway, utilities). Attach conceptual plan that identifies the foregoing items.
Property is identified as a 120 -foot wide Right -of -Way for Wyoming Springs between RM 620
and Brightwater Road, Round Rock, Williamson County, Texas. Files outlining the limits of the
project are also held in WCCF offices, Williamson County, Texas and are available in shape file
format (*.shp) in the offices of Williamson County GIS and identifying GPS points are in the
files of the WCCF.
The City of Round Rock, in cooperation with the County of Williamson, is developing a project
to widen Wyoming Springs Drive from RM 620 to Brightwater Boulevard in southern
Williamson County. The proposed improvements would widen the existing two-lane roadway to
the ultimate four -lane major arterial divided (MAD -4) roadway. The proposed improvements
would include constructing within the existing rights-of-way the final two lanes of the four -lane
divided roadway, raised medians, curb and gutter, safety improvements at Fern Bluff Elementary
School, sidewalks, bicycle accommodations and drainage. The proposed improvements are
intended to increase capacity of an existing roadway and reduce congestion. The area of
disturbance is approximately 12.9 acres. The project was developed in accordance with all
applicable rules and regulations.
Identify which of the following species are covered by this Participation Agreement.
Yes No Golden-cheeked warbler
Yes No Black -capped vireo
X_ Yes No Bone Cave harvestman
_X_ Yes No Coffin Cave mold beetle
{004.00046512.6 }
Exhibit B-1
EXHIBIT "C"
TO PARTICIPATION AGREEMENT
Special Terms and Conditions in Connection
with 10(a) Permit #TE - 181840
1. On property covered by this Participation Agreement, vegetation clearing
activities within 300 feet of habitat will be conducted outside the GCWA or BCVI
breeding seasons, as applicable, unless breeding season surveys performed by an
Endangered Species Act section 10(a)(1)(A)-permitted biologist indicate that no
GCWA or BCVI are present within 300 feet of the desired activity, or as
otherwise approved on a case-by-case basis by the Service. The breeding season
for the GCWA is March 1 to August 1. The breeding season for the BCVI is
March 15 to September 1.
2. Construction activities within, or within 300 feet of, GCWA or BCVI habitat may
be conducted year round as long as such construction follows permitted clearing,
as referenced above, in a reasonably prompt and expeditious manner indicating
continuous activity.
3. Clearing and construction activities authorized under the Permit shall be
consistent with the current practices recommended by the Texas Forest Service to
prevent the spread of oak wilt.
4. Upon locating a dead, injured, or sick GCWA or BCVI or any other endangered
or threatened species in connection with road construction and other activities
conducted by Participant that are covered by the Permit, Participant is required to
contact the U.S. Fish and Wildlife Service's Law Enforcement Office, in
Georgetown, Texas, (512) 863-5972, 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, Participant and their contractor/subcontractor have the responsibility to
ensure that evidence intrinsic to the specimen is not unnecessarily disturbed.
{004.00046512.6 }
Exhibit C-1
WILLIAMSON COUNTY REGIONAL HABITAT CONSERVATION PLAN
MEMORANDUM OF PARTICIPATION AGREEMENT RELATIVE TO
U.S. FISH AND WILDLIFE SERVICE PERMIT (Permit No. TE -181840-0)
STATE OF TEXAS
KNOW ALL PERSONS BY THESE PRESENTS
COUNTY OF WILLIAMSON
This WILLIAMSON COUNTY REGIONAL HABITAT CONSERVATION PLAN
MEMORANDUM OF PARTICIPATION AGREEMENT RELATIVE TO U.S. FISH AND
WILDLIFE SERVICE PERMIT (Permit No. TE -181840-0) (this "Memorandum") is made
and executed by the City of Round Rock, Texas and the Williamson County Road Bond Program
("Participant"), effective as of the day of t' , fZ009.
WITNESSETH:
1. Permit. Williamson County, Texas, and the Foundation are the permittees under federal
Endangered Species Act incidental take permit number TE -181840-0 dated October 21,
2008 (the "Permit"). The Permit authorizes "take" of certain listed species of wildlife
occurring in Williamson County in exchange for implementation of the Williamson
County Regional Habitat Conservation Plan (the "Plan"). The Foundation/Williamson
County administers the Plan, which includes granting participation rights to applicants
who enter into participation agreements. Through participation in the Plan, a participant
receives authority for incidental "take" of listed species covered by the Permit, in
accordance with the terms and conditions of the Permit and the participation agreement
entered into by the participant.
2. Participation Agreement; Grant of Participation Rights and Obligations of
Participant. Participant is the owner of a tract or tracts of land (the "Property") located
in Williamson County, Texas, and described on Exhibit "B" to this Memorandum.
Participant and the Foundation entered into the Williamson County Regional Habitat
Conservation Plan Participation Agreement dated :,t;.; s' , 2009 ("Participation
Agreement," Foundation Application File No. 20090319). Under the Participation
Agreement, the Foundation granted to the Participant the right to participate in the Plan
with respect to the Participant's proposed activities on the Property. The Participation
Agreement describes the Participant's proposed activities and the species to be covered
under the Participation Agreement. The Participant also agreed under the Participation
Agreement to assume and agree to be bound by all terms and conditions of the Permit,
the Plan, and all applicable laws and regulations, including without limitation those terms
and conditions specifically set forth as an exhibit to the Participation Agreement.
{004.00046512.6}
3. Notice. Participant desires to execute this Memorandum and to have it filed of record in
the Official Public Records of Williamson County, Texas, providing public and record
notice to all persons as to the existence of the Participation Agreement. Further
information regarding the Participation Agreement may be obtained by contacting the
following:
PARTICIPANT:
ttf o1 Rouvia Rock- A
a W kilo
... / a iC 7 C
Attn: Foundation Application File No. 20090319
Phone: (512) 21C1-5104
FOUNDATION:
Williamson County Regional Habitat Conservation Plan
Plan Administrator
350 Discovery Boulevard #207
Cedar Park, Texas 78613
Attn: Foundation Application File No. 20090319
Phone: (512) 260-4226
[Remainder of page intentionally blank]
{004.00046512.6}
EXECUTED as of the effective date first written above.
PARTICIPANT:
THE STATE OF TEXAS
COUNTY OF
ACKNOWLEDGEMENT
§
§
This instrument was acknowledged before me on See1. 1 0 , 2061 by ikk.CVI I Q o ( VA'
Cf of L Lt/3-- , a
on behalf of said A)(,01 Cl CUA: -
My Commission Expires:
MONIQUE G. ADAMS
MY COMMISSION EXPIRES
September 18, 2011
PARTICIPANT:
By: 7-i,------ w
int Name: OQ,r'l (}
Title: r„.1 uklu�,
THE STATE OF TEXAS
COUNTY OF
T
§
ACKNOWLEDGEMENT
§
§
is instrument was acknowledged before me on
,-� N
aid
, on behalf
C� Ld)
WENDY E. COCO
Notary Public; State of Texas
My Commission Expires k
,''eof}'_ AUGUST 01, 2012
My Commission Expires:
{004.00046512.6}
2061 by U,ar.. L `LI l
,a
tl. cid Cl.y
NOTARY JBLIC, State of Texas
Print Name: tik.oerYt-S- G
Exhibits:
"A" -- U.S. Fish and Wildlife Service Permit No. TE -181840-0
"B" -- Description of Participant's Property
After Recording, Return To:
Williamson County Regional Habitat Conservation Plan
Plan Administrator
350 Discovery Boulevard #207
Cedar Park, Texas 78613
{004.00046512.6}
EXHIBIT A
TO MEMORANDUM OF PARTICIPATION AGREEMENT
U.S. Fish and Wildlife Service Permit No. TE -181840-0
(Four pages following.)
{ 004.00046512.6 }
Page A-1
Erin ,svli.ai.lr
4EKVl( L
DEPARTMENT OF
U.S. FISH AND WILDLIFE
FEDERAL FISH AND
of Williamson
Inner Loop
Texas 78626
512/943-1550
dgattis(a�wilco.org
THE INTERIOR
SERVICE
WILDLIFE PERMIT
3-201
(1/97)
'
-`
2. AUTHORITY -STATUTES
16 USC 1539(a)(1)(B)
REGULATIONS (Attached)
50 CFR §§ 13 & 17
1.
The
301
Georgetown,
Phone:
e-mail:
Williamson
350
Cedar
Phone:
Email:
PERMITTEE
County
SE
Discovery
Park,
512/733-5380
lbirkman@wilco.org
3. NUMBER
TE -181840-0
4. RENEWABLE
[X] YES
[ ] NO
5. MAY COPY
[X] YES
[ ] NO
County Conservation Foundation
Boulevard
Texas 78613
6. EFFECTIVE
10/16/2008
7.EXPIRES
10/16/2038
8. NAME AND TITLE OF PRINCIPAL OFFICER: (if #1 is a business)
Mr. Daniel A. Gattis, County Judge (County) or successor.
Lisa Kirkman, President, Williamson County Conservation
Foundation, Williamson County Commissioner (Foundation) or
successor.
9. TYPE OF PERMIT:
Endangered Species — Incidental
Take
10. LOCATION WHERE AUTHORIZED ACTIVITY MAY BE CONDUCTED: Williamson County, Texas.
11. CONDITIONS AND AUTHORIZATIONS:
A. 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.
B. THE VALIDITY OF THIS PERMIT IS ALSO CONDITIONED UPON STRICT OBSERVANCE OF
ALL APPLICABLE FOREIGN, STATE, LOCAL OR OTHER FEDERAL LAW. THIS PERMIT
DOES NOT WAIVE THE OBLIGATION TO ABIDE BY OTHER APPLICABLE FOREIGN, STATE,
LOCAL OR FEDERAL LAW IN CARRYING OUT AUTHORIZED ACTIVITIES.
C. VALID FOR USE BY PERMITTEES NAMED ABOVE.
D. ACCEPTANCE OF THIS PERMIT SERVES AS EVIDENCE THAT THE PERMITTEE
UNDERSTANDS AND AGREES TO ABIDE BY THE "GENERAL CONDITIONS FOR NATIVE ENDANGERED
AND THREATENED WILDLIFE SPECIES PERMITS" (copy enclosed).
12. REPORTING REQUIREMENTS
Annual report due each January 1 throughout the life of the permit.
ISSUE9
AL:4(
TITLE
Deputy Regional Director
DATE
I ?-{ k
Williamson County Regional Habitat Conservation Plan 2 of 4
Williamson County TE -181840-0
E. Permittee(s) are authorized to "Take" the following species: Bone Cave harvestman,
Coffin Cave mold beetle, golden-cheeked warbler (GCWA), and black -capped vireo
(BCVI) in Williamson County, Texas incidental to activities including, but not limited to,
road construction, maintenance, and improvement projects; utility construction and
maintenance; school development and construction; public or private construction and
development; and land clearing.
F. For GCWA, the loss of up to 6,000 acres of potential GCWA habitat is authorized over
the life of the Permit. These impacts will be mitigated by a combination of purchasing
mitigation credits from Hickory Pass Conservation Bank and/or other nearby
conservation banks or by creating GCWA preserves.
G. For BCVI, the loss of up to 4,267 acres of potential BCVI habitat is authorized over the
life of the Permit. These impacts are mitigated primarily through habitat restoration,
habitat management, enhancement of existing protected BCVI habitat, or an alternate,
Service -approved mitigation program.
H. On parcels covered by Participation Agreements, vegetation clearing activities within, or
within 300 feet of, habitat will be conducted outside the GCWA or BCVI breeding
seasons, as applicable, unless breeding season surveys performed by an Endangered
Species Act section l0(a)(1)(A)-permitted biologist indicate that no GCWA or BCVI are
present within, or within 300 feet of, the desired activity, or as otherwise approved on a
case-by-case basis by the Service. The breeding season for the GCWA is March 1 to
August 1. The breeding season for the BCVI is March 15 to September 1.
Construction activities within, or within 300 feet of, GCWA or BCVI habitat may be
conducted year round as long as such construction follows permitted clearing, as
referenced above, in a reasonably prompt and expeditious manner indicating continuous
activity.
J. For Bone Cave harvestman and Coffin Cave mold beetle, up to 210 caves occupied by
one or both species are authorized to be impacted. These impacts will be mitigated by
acquiring and managing 9 to 15 karst fauna areas (KFAs), a minimum of three KFAs in
each of the karst fauna regions occupied by the covered species.
K. Clearing and construction activities authorized under this Permit shall be consistent with
the current practices recommended by the Texas Forest Service to prevent the spread of
oak wilt.
L. The Service agrees that Williamson County or the Foundation may enter into
"Participation Agreements" covering land within the Permit area. Participation
Williamson County Regional Habitat Conservation Plan 3 of 4
Williamson County TE -181840-0
Agreements will stipulate that the Participant will be bound by and comply with those
terms and conditions of this Permit applicable to the Participant's land and the Participant
shall benefit from the authorization granted in this Permit. So long as this Permit remains
in effect and a Participant is in compliance with the Participation Agreement, that
Participant shall be deemed, with respect to that Participant's property covered by the
Participation Agreement, to have the full benefits and authorities of this Permit with
respect to that Participant's property. The Service agrees that a breach by a Participant of
its obligations under a Participation Agreement will not be considered a violation by the
Permittee, or any other Participant, of this Permit. In the event a Participant has
materially breached its Participation Agreement then the Service, Williamson County, or
the Foundation may terminate that Participation Agreement.
M. Upon locating a dead, injured, or sick GCWA or BCVI or any other endangered or
threatened species in connection with road construction and other activities conducted by
Williamson County that are covered by this Permit, Permittees and/or Participant, as
applicable, shall contact the U.S. Fish and Wildlife Service's Law Enforcement Office, in
Georgetown, Texas, (512) 863-5972, 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, Williamson County, the Foundation, and their
contractor/subcontractor have the responsibility to ensure that evidence intrinsic to the
specimen is not unnecessarily disturbed.
N. Conditions of this Permit shall be binding on, and for the benefit of Williamson County
and the Foundation.
O. If during the tenure of this Permit authorized impacts are exceeded such that there may be
an increase in the anticipated take of any covered species, Williamson County or the
Foundation shall contact the Service and obtain authorization and/or amendment of the
Permit before entering into participation agreements or commencing any other activities
which might result in unauthorized impacts.
P Williamson County or the Foundation shall submit on January 1 of each year the Permit
is in effect an Annual Report describing participation agreements entered into and
conservation and management actions undertaken. The report will summarize the results
of the biological monitoring and adaptive management process and findings. The Annual
Report must include the locations of surveys, a description of any deviations from
required survey protocols, personnel used, and documentation of all survey results as
required in the protocols for the particular endangered species. In addition, the annual
Williamson County Regional Habitat Conservation Plan 4 of 4
Williamson County TE -181840-0
report will review existing management and highlight areas where change in management
approach may be needed and where prioritized research needs are reviewed. A copy of
the annual report shall be submitted to the U.S. Fish and Wildlife Service Field Office
10711 Burnet, Suite 200, Austin, Texas 78758; and to the U.S. Fish and Wildlife Service,
P.O. Box 1306, Room 4102, Albuquerque, New Mexico 87103.
The No Surprises Rule, found at 50 C.F.R. 17.22(b)(8) and 17.32(b)(8), is applicable to
this Permit. Pursuant to the No Surprises Rule, the Service has determined that the RHCP
adequately addresses the GCWA, BCVI, Bone Cave Harvestman, and Coffin Cave mold
beetle.
Q.
R. Acceptance of the Permit serves as evidence that Williamson County and the Foundation
understand and agree to abide by the terms of the Permit and all applicable sections of
Title 50 CFR Parts 13 and 17 pertinent to issued permits.
----END OF PERMIT # TE-181840-0----
EXHIBIT B
TO MEMORANDUM OF PARTICIPATION AGREEMENT
Description of Participant's Property
Property is identified as a 120 -foot wide Right -of -Way for Wyoming Springs between RM 620
and Brightwater Road, Round Rock, Williamson County, Texas. Files outlining the limits of the
project are also held in WCCF offices, Williamson County, Texas and are available in shape file
format (*.shp) in the offices of Williamson County GIS.
{004.00046512.6}
Page B-1
DATE:
SUBJECT:
ITEM:
Department:
Staff Person:
,Justification:
September 24, 2009
City Council Meeting — September 10, 2009
Consider a resolution authorizing the Mayor to execute "Williamson County
Regional Habitat Conservation Plan Participation Agreement" and accompanying
"Williamson County Regional Habitat Conservation Plan Memorandum of
Participation Agreement Relative to U.S. Fish and Wildlife Service Permit".
Transportation Services
Thomas E. Word, Jr., P.E., Chief of Public Works Operations
This Participation Agreement grants the City and the Williamson County Road Bond Program
the right to participate in the Williamson County Regional Habitat Conservation Plan for the
mitigation of endangered species associated with the widening of Wyoming Springs Drive from
Brightwater Blvd. to RM 620. Based on the location of the Karst feature, in the County, and the
total acreage of the project, the City's share is $940.00 and the County's share is $400,360.00
for a total of $401,300.00. The County's portion will be funded out of the $3.0 million the
County committed to the widening Wyoming Springs.
Funding:
Cost:
Source of funds: 4B -RR Transportation Development Corporation
$940.00 - City of Round Rock & $400,360.00 — Williamson County
Outside Resources:
Williamson County
Klotz and Associates, Inc.
Background Information:
On September 4, 2009, the City Manager executed a Letter Agreement with Williamson
County Conservation Foundation regarding the mitigation fee for the widening of Wyoming
Springs Drive.
The Williamson County Conservation Foundation (WCCF) was established in December 2002
to provide for conservation of threatened and endangered species in Williamson County
while helping to promote responsible development.
The widening of Wyoming Springs Drive from a 2 -lane road to a 4 -lane divided arterial road
includes a raised median, curb and gutter, drainage, safety improvements at Fern Bluff
Elementary School and accommodations for bicycles and pedestrians. The project limits are
Brightwater to RM 620.
Public Comment: NA