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CM-13-09-154ROUND ROCK. TEXAS MPDS IWWOk rICRPFArx City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing a Deed Recordation Affidavit for the approved WPAP for the 105 East Liberty Avenue Parking Lot Improvement Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 9/20/2013 Dept Director: Gary Hudder, Transportation Department Cost: Indexes: Attachments: WPAP Text of Legislative File CM -13-09-154 The Texas Commission on Environmental Quality (TCEQ) has completed its review of the WPAP Application for the 105 East Liberty Avenue Parking Lot Improvement 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 is reconsideration can be filed with Williamson County. Staff recommends approval. City of Round Rock Page 1 Printed on 9/19/2013 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Transportation Project Mgr/Resource: Todd Keitgen Council Action: ORDINANCE Agenda Wording Project Name: 105 East Liberty Avenue Parking Lot ContractorNendor: TCEQ n RESOLUTION nCity Manager Approval CMA Wording Consider executing a Deed Recordation Affidavit for the approved WPAP for the 105 East Liberty Avenue Parking Lot Improvement Project. Attorney Approval Attorney Notes/Comments Date C111 113 O:\wdoxiSCCInts\0127\13001MISC\00282446.XLS Updated 6/3/08 Bryan W. Shaw, Ph.D., Chairman Carlos Rubinstein, Commissioner Toby Baker, Commissioner Zak Covar, Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution September 6, 2013 Mr. Todd Keltgen Public Works Operations Manager City of Round Rock 2008 Enterprise Drive Round Rock, Texas 78664 Re: Edwards Aquifer, Williamson County 105 East Liberty Avenue Parking Lot Improvement; southwest corner of the intersection of Lampasas Street and East Liberty Avenue; Round Rock, Texas Request for Approval of a Water Pollution Abatement Plan (WPAP); 3o Texas Administrative Code (TAC) Chapter 213 Edwards Aquifer Edwards Aquifer Protection Program ID No. 11-13052201; Investigation No. 1094317; Regulated Entity No. RN1o6755473 Dear Mr. Keltgen: 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 PageSoutherlandPage on behalf of the City of Round Rock on May 22, 2013. Final review of the WPAP was completed after additional materials were received on August 28, 2013. 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. 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 io percent of the construction has commenced on the project or an extension of time has been requested. PROJECT DESCRIPTION The proposed parking lot project will have an area of approximately 0.69 acres. The project consists of the redevelopment of an existing parking lot. Portions of the parking lot, several structures, and driveways are to be demolished and rebuilt. The project site consists of two drainage areas, B4A and B4B. The total existing impervious cover located within the project area is 0.42 acres (60.9 percent). The proposed final total of impervious cover within the project boundary is 0.54 acres (78.2 percent), an increase of 0.12 acres from the existing conditions. TCEQ Region 11 • P.O. Box 13087 • 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/customersurvey tLt--13-c°S_13+.4 Mr. Todd Keltgen Page 2 September 6, 2013 GEOLOGY An exception to the geologic assessment (GA) as required by 30 TAC 213.5(b)(3) was requested by the applicant. Justification was provided in the application and states that the site has been in continuous use since 1885. Significant impervious cover pre -dates the promulgation of the TCEQ EAPP rules, as demonstrated by aerial photographs provided in the application. The site has been completely disturbed throughout its historical existence. Based on the justification provided in the application, the exception to the requirements of 3o TAC 213.5(b)(3) has been granted. The site assessment was conducted on August 19, 2013. The site was generally as described in the WPAP application. No geologic features were observed in the field. Additionally, evidence of the historical development of the site was evident and the site showed signs of historical disturbance. The site was not under construction at the time of the site assessment, and there were no signs of recent soil disturbing activities. 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 Contech StormFilter, sized using the TCEQ technical guidance document, Complying with the Edwards Aquifer Rules: Technical Guidance on Best Management Practices (2005), will be installed to treat stormwater runoff. The required total suspended solids (TSS) treatment for this project is 104 pounds of TSS generated from the 0.12 acres of new impervious cover. The approved measures meet the required 8o percent removal of the increased load in TSS caused by the project. The proposed Contech StormFilter was sized to remove 270 lbs of TSS. This project requires the removal of 104 lbs of TSS. This allows 166 lbs of TSS removal capacity for future projects. The peak flow generated from this project is calculated to be 0.05 cubic feet per second, and the total capture volume required is 787 cubic feet. The cartridge filtration rate is 1 gallon per minute (GPM) per square foot, the cartridge height is 12 inches, and the cartridge capacity is 5.00 GPM. The proposed Contech StormFilter will be used in the volume design configuration (option 1), and will require 14 cartridges to be installed. 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. 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 Mr. Todd Keltgen Page 3 September 6, 2013 included in the deed recordation in the county deed records. A suggested form (Deed Recordation Affidavit, TCEQ-o625) 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. 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 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. 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. 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 Mr. Todd Keltgen Page 4 September 6, 2013 aquifer from potentially adverse impacts to water quality. The plan must be sealed, signed, and dated by a Texas Licensed Professional Engineer. 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 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. 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. 18. 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 Austin Regional Office within 3o days of the transfer. A copy of the transfer form (TCEQ-1o263) is enclosed. 19. 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. 20. 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. Mr. Todd Keltgen Page 5 September 6, 2013 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. 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 Ms. Tracey Janus, GIT of the Edwards Aquifer Protection Program of the Austin Regional Office at (512)339-2929. Sincerely, ;►r LP/ Carolyn Runyon, Water Section Manager Austin Region Office Texas Commission on Environmental Quality CDR/ taj Enclosure: Deed Recordation Affidavit, Form TCEQ-o625 Change in Responsibility for Maintenance of Permanent BMPs, Form TCEQ- 10263 cc: Mr. James C. Alvis, P.E., PageSoutherlandPage Ms. Alysha Girard, P.E., Storm Water Manager, City of Round Rock Mr. Joe M. England, P.E., County Engineer, Williamson County TCEQ Central Records, Building F, MC 212 DEED RECORDATION AFFIDAVIT Edwards Aquifer Protection Plan THE STATE OF TEXAS COUNTY OF TRAVIS COUNTY OF WILLIAMSON 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. (3) That the EDWARDS AQUIFER PROTECTION PLAN for said real property was approved by the Texas Commission on Environmental Quality (TCEQ) on August 28, 2013. 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 105 East Liberty Avenue Parking Lot Improvement; southwest corner of the intersection of Lampasas Street and East Liberty Avenue, Round Rock, Williamson County, Texas. SWORN AND SUBSCRIBED TO before me on this THE STATE OF TEXAS COUNTY OF WILLIAMSON STEVE NORWOOD, City Manager Affiant for Landowning Entity day of , 2013. qrna, c/6609 - 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,reand in the capacity indicated. GIVEN under my hand and seal of office on this ( day of SARA LEIGH WHITE MY COMMISSION EXPIRES July 11, 2) 16 00282401 Notary Public, State of Texas Printed Notary Name: Commission Expiration: RECORDED DOCUMENT FOLLOW Bryan W. Shaw, Ph.D., Chairman Carlos Rubinstein, Commissioner Toby Baker, Commissioner Zak Covar, Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution September 6, 2013 Mr. Todd Keltgen Public Works Operations Manager City of Round Rock 2008 Enterprise Drive Round Rock, Texas 78664 Re: Edwards Aquifer, Williamson County 105 East Liberty Avenue Parking Lot Improvement; southwest corner of the intersection of Lampasas Street and East Liberty Avenue; Round Rock, Texas Request for Approval of a Water Pollution Abatement Plan (WPAP); 3o Texas Administrative Code (TAC) Chapter 213 Edwards Aquifer Edwards Aquifer Protection Program ID No. 11-13052201; Investigation No. 1094317; Regulated Entity No. RN106755473 Dear Mr. Keltgen: 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 PageSoutherlandPage on behalf of the City of Round Rock on May 22, 2013. Final review of the WPAP was completed after additional materials were received on August 28, 2013. 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. 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 io percent of the construction has commenced on the project or an extension of time has been requested. PROJECT DESCRIPTION The proposed parking lot project will have an area of approximately 0.69 acres. The project consists of the redevelopment of an existing parking lot. Portions of the parking lot, several structures, and driveways are to be demolished and rebuilt. The project site consists of two drainage areas, B4A and B4B. The total existing impervious cover located within the project area is 0.42 acres (60.9 percent). The proposed final total of impervious cover within the project boundary is 0.54 acres (78.2 percent), an increase of 0.12 acres from the existing conditions. TCEQ Region 11 • P.O. Box 13087 • 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/customersurvey c�M--17)-o°1- L4 Mr. Todd Keltgen Page 2 September 6, 2013 GEOLOGY An exception to the geologic assessment (GA) as required by 3o TAC 213.5(b)(3) was requested by the applicant. Justification was provided in the application and states that the site has been in continuous use since 1885. Significant impervious cover pre -dates the promulgation of the TCEQ EAPP rules, as demonstrated by aerial photographs provided in the application. The site has been completely disturbed throughout its historical existence. Based on the justification provided in the application, the exception to the requirements of 3o TAC 213.5(b)(3) has been granted. The site assessment was conducted on August 19, 2013. The site was generally as described in the WPAP application. No geologic features were observed in the field. Additionally, evidence of the historical development of the site was evident and the site showed signs of historical disturbance. The site was not under construction at the time of the site assessment, and there were no signs of recent soil disturbing activities. 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 Contech StormFilter, sized using the TCEQ technical guidance document, Complying with the Edwards Aquifer Rules: Technical Guidance on Best Management Practices (200s), will be installed to treat stormwater runoff. The required total suspended solids (TSS) treatment for this project is 104 pounds of TSS generated from the 0.12 acres of new impervious cover. The approved measures meet the required 8o percent removal of the increased load in TSS caused by the project. The proposed Contech StormFilter was sized to remove 270 lbs of TSS. This project requires the removal of 104 lbs of TSS. This allows 166 lbs of TSS removal capacity for future projects. The peak flow generated from this project is calculated to be 0.05 cubic feet per second, and the total capture volume required is 787 cubic feet. The cartridge filtration rate is 1 gallon per minute (GPM) per square foot, the cartridge height is 12 inches, and the cartridge capacity is 5.00 GPM. The proposed Contech StormFilter will be used in the volume design configuration (option 1), and will require 14 cartridges to be installed. 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. 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 Mr. Todd Keltgen Page 3 September 6, 2013 included in the deed recordation in the county deed records. A suggested form (Deed Recordation Affidavit, TCEQ-o625) 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. 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. 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 y Mr. Todd Keltgen Page 4 September 6, 2013 aquifer from potentially adverse impacts to water quality. The plan must be sealed, signed, and dated by a Texas Licensed Professional Engineer. 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 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. 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. 18. 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 Austin Regional Office within 3o days of the transfer. A copy of the transfer form (TCEQ-1o263) is enclosed. 19. 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. 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. Mr. Todd Keltgen Page 5 September 6, 2013 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. 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 Ms. Tracey Janus, GIT of the Edwards Aquifer Protection Program of the Austin Regional Office at (512)339-2929. Carolyn Runyon, Water Section Manager Austin Region Office Texas Commission on Environmental Quality CDR/ taj Enclosure: Deed Recordation Affidavit, Form TCEQ-0625 Change in Responsibility for Maintenance of Permanent BMPs, Form TCEQ- 10263 cc: Mr. James C. Alvis, P.E., PageSoutherlandPage Ms. Alysha Girard, P.E., Storm Water Manager, City of Round Rock Mr. Joe M. England, P.E., County Engineer, Williamson County TCEQ Central Records, Building F, MC 212 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2013100550 E .1i.y.. 10/23/2013 11:49 AM MARIA $41.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK, TX 78664 1111111111111111111111111 DEED RECORDATION AFFIDAVIT Edwards Aquifer Protection Plan THE STATE OF TEXAS COUNTY OF TRAVIS COUNTY OF WILLIAMSON 1111111111111 11 11111111111111 RFF 6 PGS 2013100550 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 August 28, 2013. 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 105 East Liberty Avenue Parking Lot Improvement; southwest corner of the intersection of Lampasas Street and East Liberty Avenue, Round Rock, Williamson County, Texas. (3) STEVE NORWOOD, City Manager Affiant for Landowning Entity SWORN AND SUBSCRIBED TO before me on this day of W , 2013. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON 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 0 day of ...h01,1/1/72013. SARA LEIGH WHITE MY COMMISSION EXPIRES 4.;W,.. July 11, 20M 00282401 Notary Public, State of Texas Printed Notary Name: „ IA Commission Expiration: