CM-12-10-193'ROUND ROCK, TEXAS
PURPOSE PASSION PROSPERITY
Item Caption:
Approval Date:
Department Name:
Project Manager:
Assigned Attorney:
October 5, 2012
Transportation Department
Leah Coffman
Steve Sheets
CM -1210'113 RECEIVED
OCT 032012
City Manager Approval Form
Item Summary:
The Texas Commission on Environmental Quality (TCEQ) has completed its review of the WPAP/SCS Application for the
Southwest Downtown District Infrastructure - San Saba Street and West Liberty Avenue Project. Based on the engineer's
concurrence of compliance, the planning materials for construction of this project and pollution abatement measures have been
approved. City Manager approval is required before this motion for reconsideration can be filed with Williamson County.
No. of Originals Submitted: One
Project Name: SWDT - San Saba Street and West Liberty Avenue
Cost: N/A
Source of Funds: Select Source Fund
Source of Funds (if applicable): Select Source Fund
Account Number:
Finance Director Approval: Cheryl Delaney
Date:
Department Director Approval:
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
ED El Purchasing C Accounting 0 El
N/A OK N/A OK
Date: 10/3/12
Cp Budget
N/A OK N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
IIIIIIIIIIIII
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DEED RECORDATION AFFIDAVIT
Edwards Aquifer Protection Plan
THE STATE OF TEXAS
COUNTY OF TRAVIS
COUNTY OF WILLIAMSON
2012085071
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 for the City of Round Rock, Texas, and
that I am authorized to and do certify and attest 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 September 18, 2012.
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:
City of Round Rock Southwest Downtown District Infrastructure
Improvements, including the 300, 400, and 500 blocks of West Liberty
Avenue, and San Saba Street between RR 620 and Main Street, Round Rock,
Williamson County, Texas.
(3)
STEVE NORWOOD, City Manager
Affiant for Landowning Entity
111-
SWORN AND SUBSCRIBED TO before me on this {Z day of
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
, 2012.
(4644,t—
Notary Public, 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 purposes and consideration therein expressed, and in the capacity indicated.
GIVEN under my hand and seal of office on this J? day of , 2012.
c ,G vtotte
%SARA LEIGH WHITE
;*1 MY COMMISSION EXPIRES
July 11, 2016
259215/jkg
Notary Public, State of Tglisik.
Printed Notary Name:
Commission Expiration:
Bryan W. Shaw, Ph.D., Chairman
Carlos Rubinstein, Commissioner
Toby Baker, Commissioner
Zak Cover, Executive Director
EXHIBIT
1 "A"
TEXAS COMMISSIONON ENVIRONMENTAL QUALITY
Protecting Teras by Reducing and Preventing Pollution
September 18, 2012
Mr. Todd Keltgen, Public Works Operations Manager
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 Infrastructure
Improvements; Included areas on San Saba Street and West Liberty Avenue, Round Rock,, Texas
TYPE OF PLAN: Request for Approval of a Water Pollution Abatement Plan (WPAP) and
Organized Sewage Collection System (SCS);
30 Texas Administrative Code (TAC) Chapter 213 & 217 Edwards Aquifer
Edwards Aquifer Protection Program ID No. 11-12080202 & 12080203; Investigation
No.1031404; Regulated Entity No. RN104575691
Dear Mr. Keltgen:
The Texas Commission on Environmental Quality (TCEQ) has completed its review of the WPAP/SCS
Application for the above -referenced project submitted to the Austin Regional Office by Page
Southerland Page, L.P. on behalf of the City of Round Rock on August 2, 2012. Final review of the
WPAP and SCS were completed after additional materials were received on September 7, 2012 and
September 1131, 2012. 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 3o TAC Chapter 213 and Chapter 217. 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 rubs 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 this Ietter unless, prior to the expiration date,
more than Bio percent of the construction has commenced on the project or an extension of time has
been requested. •
PROJECT DESCRIPTION
The proposed commercial project is City of Round Rock Southwest Downtown District infrastructure
improvements project. The project includes the 300, 400, and 500 blocks of West Liberty Avenue, San
Saba Street between RR 62o and Main Street, and wastewater line replacements. The current
application is limited to street improvements and wastewater sewer line replacements. The impervious
cover will be 4.44 acres (84.9 percent) after full development, with a predevelopment impervious area
of 2.27 acres. Project wastewater will be disposed of by conveyance to the existing LCRA/BRA Brushy
TCEQ Region u • P.O. Box 13037 • Austin, Texas 78711-3087 • 512-339-2929 • Fax 512-339-3795
Austin Headquarters: 512-239-1000 • tceq.texas.gov • How is our customer service? tceq.texas.gov/customersuney
i.•i.rr:i: a.; ...:. 1in:
Mr. Todd Keltgen
September 18, 2012
Page 2
Creek Alliance Regional Wastewater Treatment Plant. A SCS replacement consisting of 1,439 linear feet
of wastewater line is included to service the project.
PERMANENT POLLUTION ABATEMENT MEASURES
To prevent the pollution of stormwater runoff originating on-site or upgradient of the site and
potentially flowing across and off the site after construction, a StormFilte1® system, designed using the
TCEQ technical guidance document, Complying with the Edwards Aquifer Rules: Technical Guidance
on Best Management Practices (2005), will be constructed to treat stormwater runoff. The required
total suspended solids (TSS) treatment for this project is 1,889 pounds of TSS generated from the 4.44
acres of impervious cover (2.27 acres of impervious areas are grandfathered). The approved measures
meet the required 8o percent removal of the increased load in TSS caused by the project. Treatment
design calculations were sealed by Mr. James C. Alvis, P.E., on July 31, 2012 to demonstrate the total
treatment load removal to meet the required additional total suspended solids (TSS) loading.
The individual treatment measure will consist of a Contech StormFilter® stormwater treatment facility,
consisting of a total of 33 cartridges with a height of 27 inches and an infiltration rate of 1 GPM per ft2.
The designed peak flow rate to be treated is 0.74 cubic feet per second.
The project will provide sewerage service for existing and future residential lots and commercial
buildings. The proposed SCS consists of a gravity collection system with 126 linear feet of 15 -inch
ASTM D3o34 PVC SDR -26 pipe, 1,147 linear feet of 8 -inch ASTM D2241 PVC SDR -26 pipe, 166 linear
feet of 14 -inch ASTM D2241 PVC SDR. -26 pipe, and appropriate appurtenances.
GEOLOGY
According to the geologic assessment included with the application, most of the site has outcrops of the
Del Rio and/or Georgetown Formations. No sensitive recharge features were noted within the site. The
Austin Regional Office site assessment of September 14, 2012 revealed that the site is mostly developed.
The site is generally as described by the geologic assessment.
SPECIAL CONDITIONS
I. All sediment and/or media removed from StormFilter® during maintenance activities shall be
properly disposed of according to 3o TAC 33o or 3o TAC 335, as applicable.
1I. An exception application will be required for future construction and will need separate Executive
Director's approvals before commencing construction.
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. 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.
Mr. Todd Keltgen
September i8, 2012
Page 3
Prior to Commencement of Construction:
3. Within 6o 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-o 626) that you may use
to deed record the approved WPAP is enclosed.
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 WPAP 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 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.
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 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 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 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.
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.
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
Mr. Todd Keltgen
September 18, 2012
Page 4
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.
12. 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.
13. Intentional discharges of sediment laden 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.
14. 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.
15. 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.
16. No part of the SCS system shall be used as a holding tank for a pump -and -haul operation.
After Completion of Construction:
17. 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 3o days of site completion. Certification by a Texas licensed professional
engineer of the testing of sewage collection systems required by 3o TAC Chapter 213 and Chapter
217 shall be submitted to the Austin Regional Office within 3o days of test completion and prior to
the new sewage collection system being put into service. The certification should include the project
name as it appeared on the approved application, the program ID number, and'two copies of a site
plan sheet(s) indicating the wastewater lines that were tested and are being certified as complying
with the appropriate regulations.
18. Owners of permanent BMPs and measures must insure that the BMPs and measures are
constructed and function as designed. 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 3o days of site completion.
19. Upon legal transfer of this property or sewage utility, 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, Todd Keltgen
September 18, 2012
Page 5
20. 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.
21. 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.
22. Every five years after the initial certification, the sewage collection system shall be retested. Any
lines that fail the test must be repaired and retested. Certification that the system continues to meet
the requirements of 3o TAC Chapter 213 and Chapter 217 shall be submitted to the Austin Regional
Office. The certification should include the project name as it appeared on the approved
application, the program ID number and two copies of a site plan sheet(s) indicating the wastewater
lines that were tested and are being certified as complying with the appropriate regulations.
23. If ownership of this organized sewage collection system is legally transferred (e.g., developer to city
or Municipal Utility District), 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.
This action is taken under authority delegated by the Executive Director of the Texas Commission on
Environmental Quality. If you have any questions or require additional information, please contact Mr.
Lianxiang Du, P.E., of the Edwards Aquifer Protection Program of the Austin Regional Office at 512-
339-2929.
Sincerely,
Carolyn Runyon, Water Section Manager
Austin Region Office
Texas Commission on Environmental Quality
CDR/ld
Enclosures: Change in Responsibility for Maintenance of Permanent BMPs, TCEQ-1o263
Deed Recordation Affidavit, TCEQ-o625
cc: Mr. James C. Alvis, P.E., Page Southerland Page, L.P.
Mr. Joe M. England, P.E., Williamson County Engineer
Ms. Alysha Girard, P.E., Storm Water Manager, City of Round Rock
TCEQ Central Records, Building F, MC 212
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2012085071
3 CITY OF ROUND ROCK
221 EAST MAIN STREET
ROUND ROCK, TX 78664
10/12/2012 04:07 PM
MARIA $36.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS