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CM-11-05-102ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Item Caption: City Manager Approval Summary Sheet Consider executing Deed Recordation Affidavit relating to Request for Exception from WPAP from TCEQ for Round Rock City Hall Plaza Improvements Project. Approval Date: May 27, 2011 Department: Parks and Recreation Project Manager: David Buzzell, Parks Development Manager Item Summary: The City was granted an Exception Request to regulations related to Edwards Aquifer Recharge and Transitions Zone by the Texas Commission on Environmental Quality (TCEQ) for the City Hall Plaza Improvements Project. As part of that Exception Request approval, the City is required to submit a Deed Recordation Affidavit stating that we own the real property identified (City Hall) in the Exception Request. Staff recommends executing the Affidavit since the City does own the City Hall property. Strategic Plan Relevance: Cost: $0.00 Source of Funds: 2007 General Obligation Bonds iii 11 11111111111111111 DEED RECORDATION AFFIDAVIT Edwards Aquifer Protection Plan THE STATE OF TEXAS COUNTY OF TRAVIS COUNTY OF WILLIAMSON 11 11 11111 AFF 6 PGS 2011035550 BEFORE ME, the undersigned authority, on this day personally appeared STEVE NORWOOD, City Manager, City of Round Rock, a Texas home -rule municipality, who, being duly sworn by me, deposes and says: (1) That my name is Steve Norwood, City Manager of the City of Round Rock, and that I certify and attest that the City of Round Rock 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 the following date: MAY 17, 2011 (3) 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) That said real property is located in WILLIAMSON County, Texas, and that the legal description of the real property is as follows: ROUND ROCK ORIGINAL PLAT, BLK 10, LOT 1-5 & 13-16, 0.78331 ACRE TRACT 205 E. MAIN, ROUND ROCK, TEXAS 78664 Notary Public, State of Texas `t«14 My Commission Expires ,•� September 09, 2014 THE STATE OF TEXAS COUNTY OF WILLIAMSON Steve Norwood, City Manager for Landowning Entity TO before me on this 21-6 day of 1 , 2011. Notary Pu is in and I e State of Texas BEFORE ME, the undersigned authority, on this day personally appeared STEVE NORWOOD, known to me to be the person whose name is subscribed to the foregoing 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 21I. day of MEAGAN M. SPINKS P S Notary Public, State of Texas e,.:•c My Commission Expires �'%','EdF� ssi it September 09, 2014 , 2011. Notary Pub llj in and fo . tate of Texas Printed Notary Name: ACIANI Ai. Spl M My Commission Expires: q _q_ 14 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 May 17, 2011 David Buzzell City of Round Rock 301 West Bagdad, Suite 250 Round Rock, Texas 78664 Re: Edwards Aquifer, Williamson NAME OF PROJECT: Round Rock City Hall Plaza Improvements; 212 East Main Street; Round Rock, Texas TYPE OF PLAN: Request for Exception from the Requirements of a Water Pollution Abatement Plan (Request for Exception); 3o Texas Administrative Code (TAC) Chapter 213 Edwards Aquifer Edwards Aquifer Protection Program (EAPP) ID No. 11-10081802; Investigation No. 906770; Regulated Entity No. RN1o6137151 Dear Mr. Buzzell: The Texas Commission on Environmental Quality (TCEQ) has completed its review of the Request for Exception for the above -referenced project submitted to the Austin Region Office by Hagood Engineering Associates on behalf of the City of Round Rock on March 8, 2011. Final review of the Request for Exception was completed after additional material was received on May 3, 2011. As presented to the TCEQ, the Temporary Best Management Practices (BMPs) and construction plans were prepared by a Texas Licensed Professional Engineer to be in general compliance with the requirements of 3o 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. ''his approval expires two (2) yearsfrom the dcite of this letter unless, prior to the expiration date, more than so percent of the construction has commenced on the project or an extension of time has been requested. BACKGROUND A Round Rock City Hall Campus Improvements Request for Exception (EAPP ID No. 11- 10081801) was approved by letter dated October 14, 2010 for the removal and replacement of walkway areas on the east side of the site, resulting in approximately 1,307 square feet of impervious cover. TCEQ Region 11 • 2800 S. Interstate Hwy. 35, Ste. 100 • Austin, Texas 78704-5700 • 512-339-2929 • Fax 512-339-379 Austin headquarters: 512-239-100o • www.tceq.texas.gov • How is our customer service? www.tceq.texas.gov/goto/custo Mr. David Buzzell Page 2 May 17, 2011 PROJECT DESCRIPTION The proposed City of Round Rock landscaping project proposes to construct an outdoor pedestrian plaza for public gatherings and community functions. The project will consist of walkways, grass berm seating, outdoor stage, irrigation, fountains, and lighting. The proposed increase in impervious cover at the site is approximately 10,890 square feet (58 percent), resulting in a total impervious cover of 12,197 square feet (65 percent). GEOLOGY A geologic assessment was not submitted with the Request for Exception. A site investigation was conducted by a representative of the TCEQ Austin Region Office on March 25, 2011. The site was observed to be a lawn area that was previously disturbed. No sensitive features were observed during the site investigation and the existing conditions as presented in the Request for Exception were confirmed. PROPOSED EXCEPTIONS Two exceptions from the requirements of 3o TAC Chapter 213 were requested with the application: an exception from the requirement of including permanent BMPs in the application and an exception from the requirement of submitting a geologic assessment. The site was previously developed as the Farmer State Bank. A total of 15,464 square feet of impervious cover was constructed prior to the Edwards Aquifer Rules becoming effective in Williamson County. The proposed impervious cover is 12,197 square feet, a reduction of 3,267 square feet. Permanent BMPs are not required because of the net decrease in impervious cover at the site. Therefore, the exception request from including permanent BMPs in the application is hereby approved. The site has been previously disturbed and is currently a graded lot; a geologic assessment would not provide any useful information because the limits of construction of the proposed project have been previously disturbed. Therefore, water quality protection equivalent to submitting an application with a geologic assessment is provided. The exception request from the requirement of submitting a geologic assessment is hereby approved. STANDARD CONDITIONS 1. Pursuant to Chapter 7 Subchapter C of the Texas Water Code, any violations of the requirements in 3o TAC Chapter 213 may result in administrative penalties. 2. The holder of the approved Edwards Aquifer protection plan must comply with all provisions of 3o 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. 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 Mr. David Buzzell Page 3 May 17, 2011 Request for Exception and this notice of approval shall be maintained at the project location until all regulated activities are completed. 5. Modification to the activities described in the referenced Request for Exception application following the date of approval may require the submittal of a plan to modify this approval, including the payment of appropriate fees and all information necessary for its review and approval prior to initiating construction of the modifications. 6. 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. 7. Temporary erosion and sedimentation (E&S) controls, i.e., silt fences, rock berms, stabilized construction entrances, or other controls described in the approved Request for Exception, 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. 8. 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: 9. During the course of regulated activities related to this project, the applicant or agent shall comply with all applicable provisions of 3o 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. 10. 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. 5, above. 11. 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. David BuzzelI Page 4 May 17, 2011 12. 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. 13. 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 5o percent. Litter, construction debris, and construction chemicals shall be prevented from becoming stormwater discharge pollutants. 14. 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. 15. 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. 16. 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: 17. 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. 18. An Edwards Aquifer protection plan approval or extension will expire and no extension will be granted if more than 5o 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. 19. 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. Mr. David Buzzell Page 5 May 17, 2011 If you have any questions or require additional information, please contact Mr. Jerel Rackley, P.E. of the Edwards Aquifer Protection Program of the Austin Region Office at (512) 339-2929. Since ely, Mark R. Vickery, P.G., Executive Director Texas Commission on Environmental Quality MRV/jlr Enclosure: Deed Recordation Affidavit, Form TCEQ-o625 cc: Mr. Terry R. Hagood, P. E., Hagood Engineering Associates, Round Rock Mr. Danny Halden, P.E., City Engineer, City of Round Rock TCEQ Central Records, Building F, MC 212 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2011035550 06/02/2011 10:35 AM MARIA $36.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS CI CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK, TX 78664