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CM-10-09-177ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Item Caption: Approval Date: City Manager Approval Summary Sheet Consider executing a Deed Recordation Affidavit for the approved Water Pollution Abatement Plan for the Southwest Downtown September 3, 2010 Department: Transportation Department Project Manager: Todd Keltgen Item Summary: As part of our TCEQ WPAP requirements the owner must execute a Deed Recordation Affidavit for the approved Water Pollution Abatement Plan for the Southwest Downtown McNeil water quality pond. Strategic Plan Relevance: Cost: No Cost Source of Funds: N/A REV. 6/10/10 RECORDED DOCUMENT FOLLOWS IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII :F:Gs Deed Recordation Affidavit Edwards Aquifer Protection Plan THE STATE OF TEXAS COUNTY OF WILLIAMSON 2010061090 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, City Manager for the City of Round Rock, Texas, and that I am authorized to certify that the CITY OF ROUND ROCK, TEXAS owns the real property described below. (2) That said real property is subject to an EDWARDS AQUIFER PROTECTION PLAN which was required under 30 Texas Administrative Code (TAC) Chapter 213. That the EDWARDS AQUIFER PROTECTION PLAN for said real property was approved by the Texas Commission on Environmental Quality (TCEQ) on June 16, 2010. A copy of the letter of approval from the TCEQ is attached to this affidavit as Exhibit "A" and is incorporated herein by reference. (4) The said real property is located in Williamson County, Texas, and the legal description of the property is as follows: Replat of Lot 4, Lake Creek Subdivision, Block A, Lot 1, according to the plat filed of record in Cabinet X, slide 358-359, Plat Records of Williamson County, Texas. (3) SWORN AND SUBSCRIBED TO before me on this ' 'day of THE STATE OF TEXAS COUNTY OF WILLIAMSON S R. NUSE, A rant, for Landowner , 2010. NOTARY PUBLIC BEFORE ME, the undersigned authority, on this day personally appeared JAMES R. NUSE, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed sante for the purposes and consideration therein expressed, and in the capacity indicated. GIVEN under my hand and seal of office on this day of I 2010. 0.1m doxSCClnts` 01990093,REALESTATEE00200114.D0C/rmc NOT Y PUBLIC ►tit L. Wit I- 'D Typed or Printed Name of Notary MY COMMISSION EXPIRES: zaz. 4 Bryan W. Shaw, Ph.D., Chairman Buddy Garcia, Commissioner Carlos Rubinstein, Commissioner Mark R. Vickery. P.G., Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution June 16, 2010 Mr. Tom Word, Chief of Public Works Administration City of Round Rock 2008 Enterprise Drive Round Rock, Texas 78664 Re: Edwards Aquifer, Williamson County NAME OF PROJECT: City of Round Rock Southwest Downtown District; Downtown Round Rock bordered by RR 620, Mays St., McNeil Rd. and IH 35; Round Rock, Texas; TYPE OF PLAN: Request for Approval of a modification to a Water Pollution Abatement Plan (WPAP); 30 Texas Administrative Code (TAC) Chapter 213; Edwards Aquifer Protection Program File No. 05032802C; Investigation No. 803480; Regulated Entity No. RN 104575691 Dear Mr. Word: The Texas Commission on Environmental Quality (TCEQ) has completed its review of the WPAP application for the above -referenced project submitted to the Austin Regional Office by Page Southerland Page, LLP on behalf of the City of Round Rock on May 4, 2010. Final review of the WPAP was completed after additional material was received on June 11, 2010. 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 final action on this Edwards Aquifer Protection Plan. A motion for reconsideration must be filed no later than 23 days after the date of this approval letter. This approval expires two (2) years from the date of this letter unless, prior to the expiration date, more than 10 percent of the construction has commenced on the project or an extension of time has been requested. REPLY To: REGION 11 • 2800 S. INTERSTATE HWY. 35, STE. 100 • AUSTIN, TEXAS 78704-5700 • 512-339-2929 • FAX 512-339-3795 Austin eaj Headquarters: 512-239-1000 • www.tceq.state.tx.us • How is our customer service? www.tceq.state.tx.us/goto/customersurvey Mr. Tom Moody Page 2 June 16, 2010 PROJECT DESCRIPTION The City of Round Rock Southwest Downtown District modification consists of proposed street improvements in the 200, 300, and 400 blocks of West Main Street. The project includes the water, wastewater, storm drainage, underground dry utilities, curb and gutter, paving, access driveways, street landscaping, and street pedestrian lighting along three blocks of Main Street. New sidewalks will extend from the back of curb to the right-of-way (ROW) and will be improved with a surface of brick pavers. A dry utilities duct bank will be extended up Harris to the alley north of Main Street to connect to the previous improvements. The wastewater and storm water mains in Blair Street will be upgraded along with some duct bank work; however, no other ROW improvements will be made in Blair Street. Pavements disturbed during the work in Blair Street will be clean cut and repaired to match the existing roadway section. Water quality treatment already exists for the 200 block and the East half of the 300 block of West Main. This treatment is provided in the East Pond - Basin C. Water quality treatment already exists for the West half of the 300 block of West Main as provided in the West Pond - Basin B. The drainage basin for Basin B and Basin C have been modified slightly since first approved and this approval will document the modifications to Basin B and Basin C. Since the drainage areas and proposed impervious cover have changed slightly, the entire downtown district was submitted as a modification, even though the only construction proposed in the application is for three blocks of Main Street. New water quality treatment is proposed for the 400 block of West Main. The treatment will be provided by a new Vortechs Unit. This is shown and labeled as WQTU 1 and will provide water quality treatment for drainage areas B3, B3-1, B3-2, B4, B4-1 and A7-1 in Basin A. Prior to beginning construction on any other lots in the Southwest Downtown District, a WPAP or WPAP Exception must be submitted and approved prior to the initiation of construction. The proposed modification has an area of 28.78 acres. The existing impervious cover is 16.76 acres and this modifications allows for a total of 25.07 acres (87.16 percent) in three drainage areas; WQTU 1, the West Pond in Basin B, and the East Pond in Basin C. Project wastewater will be disposed of by conveyance to the existing LCRA/BRA Brushy Creek Alliance Regional Wastewater Treatment Plan. PERMANENT POLLUTION ABATEMENT MEASURES To prevent the pollution of stormwater runoff originating on-site upgradient of the site and potentially flowing across and off the site after construction, two existing partial sand filtration systems have been constructed to treat stormwater runoff in the West Pond, Basin B, and the East Pond, Basin C. In addition, a new Vortechs unit will be installed to treat Area A. Mr. Tom Moody Page 3 June 16, 2010 A Vortechs Vx5000 unit will be installed to treat stormwater runoff in Area A, which consists of 1.34 acres and includes drainage areas B3, B3_1, B3_2, B4 and B4_1. The Vortechs unit is oversized to also treat area A7_1, for a total of area of 1.57 acres. The required TSS load required and provided for Area A is 688 pounds and will contain 1.41 acres of impervious cover, which includes 0.62 acres of existing impervious cover. The West Pond, Basin B, is an existing partial sand filtration system and was constructed with a previous WPAP (Senior Activity Center, Edwards Aquifer Protection Program ID No. 11- 03100706). The City of Round Rock Transit & Parking Facility application (Edwards Aquifer Protection Program ID No. 11-10030501) diverted 0.87 acres of runoff out of the West Pond, Basin B, and re -directed its flow into the East Pond, Basin C. The drainage basin for the West Pond, Basin B is 6.56 acres. The partial sedimentation and filtration pond provides 9,686 cubic feet of water quality volume (7,061 cubic feet are required) including a 988 square foot sand filter. The required TSS load removal required and provided for the West Pond, Basin B, is 2,446 pounds and will have a maximum of 5.56 acres of impervious cover, which includes 2.75 acres of existing impervious cover. The East Pond, Basin C, is an existing partial sand filtration system and was constructed with a previous WPAP (City of Round Rock Southwest Downtown District, Edwards Aquifer Protection Program ID No. 11-05032802). The area being treated by the East Pond, Basin C, contains 20.64 acres and will have a final impervious cover of 18.10 acres, which includes 13.38 acres of existing impervious cover. The partial sedimentation and filtration pond provides 53,385 cubic feet of water quality volume (9,325 cubic feet are required) including a 3,314 square foot sand filter (777 square feet are required). The drainage basin for the water quality pond is 16.12 acres and will contain a maximum of 14.30 acres of impervious cover in the drainage area. The remaining 4.53 acres (areas B2, B22_1, B25, B24, B24_1, B24_2, C2 and C20) will have a maximum of 3.80 acres of impervious cover, which includes 3.57 acres of existing impervious cover. The 4.53 acres included in the eastern portion of the Southwest Downtown District will not be treated in the East Pond, Basic C, but this area was previously appoved as over -treated in the East pond and is accounted for in the load removal calculations. Currently some of the future areas planned to discharge to the East Pond when developed do not currently discharge to the East Pond. These areas are: P 1, P2, P3, P4, B18, B20, C14, C15, C15- 1, C16 and B21. These areas are not part of the 4.53 acres previously permitted. The 4.53 acres (areas B2, B22_1, B25, B24, B24_1, B24_2, C2 and C20) that is not in the drainage basin, but is considered to be treated by over sizing the pond, may not be developed until areas P 1, P2, P3, P4, B18, B20, C14, C15, C15-1, C16 and B21 are routed into the East Pond, Basin C. 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, there are no sensitive geologic features located on this project. A site assessment conducted on May 26, 2010, Mr. Tom Moody Page 4 June 16, 2010 revealed that the area has been previously disturbed and a large portion of the original geologic conditions of the site are no longer apparent. SPECIAL CONDITIONS Prior to beginning any construction in the Southwest Downtown District, a WPAP or WPAP Exception must be submitted and approved prior to the initiation of construction, unless it has previously been approved. II. The 4.53 acres (areas B2, B22_1, B25, B24, B24_1, B24_2, C2 and C20) that are not in the drainage basin to the East Pond, Basin C, but are considered to be treated by over sizing the pond, may not be developed until areas P1 , P2, P3, P4, B18, B20, C14, C15, C15-1, C16 and B21 are routed into the East Pond, Basin C, as provided in the application and as demonstrated in the TCEQ Water Quality Sizing Calculations. STANDARD CONDITIONS 1. Pursuant to Chapter 7 Subchapter C of the Texas Water Code, any violations of the requirements in 30 TAC Chapter 213 may result in administrative penalties. 2. The holder of the approved Edwards Aquifer protection plan must comply with all provisions of 30 TAC Chapter 213 and all best management practices and measures contained in the approved plan. Additional and separate approvals, permits, registrations and/or authorizations from other TCEQ Programs (i.e., Stormwater, Water Rights, UIC) can be required depending on the specifics of the plan. 3. In addition to the rules of the Commission, the applicant may also be required to comply with state and local ordinances and regulations providing for the protection of water quality. Prior to Commencement of Construction: 4. Within 60 days of receiving written approval of an Edwards Aquifer Protection Plan, the applicant must submit to the Austin Regional Office, proof of recordation of notice in the county deed records, with the volume and page number(s) of the county deed records of the county in which the property is located. A description of the property boundaries shall be included in the deed recordation in the county deed records. A suggested form (Deed Recordation Affidavit, TCEQ-0625) that you may use to deed record the approved WPAP is enclosed. 5. All contractors conducting regulated activities at the referenced project location shall be provided a copy of this notice of approval. At least one complete copy of the approved WPAP and this notice of approval shall be maintained at the project location until all regulated activities are completed. Mr. Tom Moody Page 5 June 16, 2010 6. 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. 7. The applicant must provide written notification of intent to commence construction, replacement, or rehabilitation of the referenced project. Notification must be submitted to the Austin Regional Office no later than 48 hours prior to commencement of the regulated activity. Written notification must include the date on which the regulated activity will commence, the name of the approved plan and program ID number for the regulated activity, and the name of the prime contractor with the name and telephone number of the contact person. The executive director will use the notification to determine if the approved plan is eligible for an extension. 8. Temporary erosion and sedimentation (E&S) controls, i.e., silt fences, rock berms, stabilized construction entrances, or other controls described in the approved 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. If a water quality pond is proposed, it shall be used as a sedimentation basin during construction. The TCEQ may monitor stormwater discharges from the site to evaluate the adequacy of temporary E&S control measures. Additional controls may be necessary if excessive solids are being discharged from the site. 9. All borings with depths greater than or equal to 20 feet must be plugged with non -shrink grout from the bottom of the hole to within three (3) feet of the surface. The remainder of the hole must be backfilled with cuttings from the boring. All borings less than 20 feet must be backfilled with cuttings from the boring. All borings must be backfilled or plugged within four (4) days of completion of the drilling operation. Voids may be filled with gravel. During Construction: 10. During the course of regulated activities related to this project, the applicant or agent shall comply with all applicable provisions of 30 TAC Chapter 213, Edwards Aquifer. The applicant shall remain responsible for the provisions and conditions of this approval until such responsibility is legally transferred to another person or entity. 11. This approval does not authorize the installation of temporary aboveground storage tanks on this project. If the contractor desires to install a temporary aboveground storage tank for use during construction, an application to modify this approval must be submitted and approved prior to installation. The application must include information related to tank location and spill containment. Refer to Standard Condition No. 6, above. 12. If any sensitive feature (caves, solution cavities, sink holes, etc.) is discovered during construction, all regulated activities near the feature must be suspended immediately. Mr. Tom Moody Page 6 June 16, 2010 The applicant or his agent must immediately notify Austin Regional Office of the discovery of the feature. Regulated activities executive director has reviewed and approved the methods proposed to protect the feature and the aquifer from potentially adverse impacts to water quality. The plan must be sealed, signed, and dated by a Texas Licensed Professional Engineer. 13. All water wells, including injection, dewatering, and monitoring wells must be in compliance with the requirements of the Texas Department W 1 Drillers and Pump Installcensing and ers) and under Title 16 TAC Chapter 76 (relating to Water all other locally applicable rules, as appropriate. 14. If sediment escapes the construction site, the sediment must be removed at a frequency sufficient to minimize offsite impacts to water quality (e.g., fugitive sediment in street being washed into surface streams or sensitive features by the next rain). Sediment must be removed from sediment traps or sedimentation ponds not later than when design capacity has been reduced by 50 percent. Litter, construction debris, and construction chemicals shall be prevented from becoming stormwater discharge pollutants. 15. Intentional discharges of sediment laden storm water are not allowed. If dewatering becomes necessary, the discharge will be filtered through appropriately selected best management practices. These may include vegetated filter strips, sediment traps, rock berms, silt fence rings, etc. 16. The following records shall be maintained and made available to the executive director upon request: the dates when major grading activities occur, the dates when construction activities temporarily or permanently cease on a portion of the site, and the dates when stabilization measures are initiated. 17. Stabilization measures shall be initiated as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, and construction activities will not resume within 21 days. When the initiation of stabilization measures by the 14th day is precluded by weather conditions, stabilization measures shall be initiated as soon as practicable. After Completion of Construction: 18. 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. 19. 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 rict, or municiality) or owner's association, a new property owner or transferred to the entity., The regulated entityshall thenthe be ownership of the property is Mr. Tom Moody Page 7 June 16, 2010 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 Austin Regional Office within 30 days of the transfer. A copy of the transfer form (TCEQ-10263) is enclosed. 20. 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. 21. 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. 22. 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. Ben E. Milford, P.G., of the Edwards Aquifer Protection Program of the Austin Regional Office at (512) 339- 2929. Sincerely, Mark R. Vickery, P.G., Executive Director Texas Commission on Environmental Quality MRV/bem Enclosures: Deed Recordation Affidavit, Form TCEQ-0625 Change In Responsibility FormTCEQ-10263 cc: Mr. James C. Alvis, P.E., Page Southerland Page, Austin Mr. Danny L. Halden, P.E., City Engineer, City of Round Rock TCEQ Central Records, Building F, MC 212 City of Round Rock 221 East Main Street Round Rock, TX 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 201@@61@9@ E.--Rda►` 09/13/2010 12:26 PM MARIA $44.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS