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CM-13-11-207ROUND ROCK TEXAS PURPOSE AIM.PP(MPFARY City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing a Deed Recordation Affidavit for the approved Water Pollution Abatement Plan for the Southwest Downtown Infrastructure Improvements Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 11/8/2013 Dept Director: Gary Hudder, Transportation Director Cost: $0.00 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: Deed Recordation, WPAP-SWDT Blair & Bagdad2 Department: Transportation Department Text of Legislative File CM -13-11-207 The Texas Commission on Environmental Quality (TCEQ) has completed its review of the WPAP Application for the Southwest Downtown Infrastructure 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 can be filed with Williamson County. Staff recommends approval. City of Round Rock Page 1 Printed on 1117/2013 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: Gary Hudder JCouncil Action: ORDINANCE Agenda Wording Project Name: Southwest Downtown Infrastructure Contractor/Vendor: TCEQ n RESOLUTION City Manager Approval CMA Wording Consider executing a Deed Recordation Affidavit for the approved Water Pollution Abatement Plan for the Southwest Downtown Infrastructure Improvements Project. Attorney Approval Attorney Notes/Comments 0-) Date }*0 j y O:\wdox\SCClnts10199170931MISC100285530.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 October 8, 2013 Mr. Gary Hudder, Transportation Director City of Round Rock 2008 Enterprise Dr. Round Rock, TX 78664 Re: Edwards Aquifer, Williamson County NAME OF PROJECT: Southwest Downtown Infrastructure Improvements; Located about 0.25 Miles East of I-35 on Round Rock Ave.; Round Rock, Texas TYPE OF PLAN: Request for Approval of An Exception of Water Pollution Abatement Plan (WPAP); 3o Texas Administrative Code (TAC) Chapter 213 Edwards Aquifer Edwards Aquifer Protection Program ID No. 11-13070801; Investigation No. 1101779; Regulated Entity No. RN104575691 Dear Mr. Hudder: The Texas Commission on Environmental Quality (TCEQ) has completed its review of the Exception Request of WPAP for the above -referenced project submitted to the Austin Regional Office by Baker-Aicklen and Associates, Inc. on behalf of City of Round Rock on July 8, 2013. Final review of the Exception was completed after additional material was received on August 22 and September 27, 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 Southwest Downtown Infrastructure Improvement project will have an area of approximately 20.64 acres. It will include the rehabilitation of existing roads and the addition of related sidewalks. The impervious cover will be 16.0 acres (77.52 percent) with an existing impervious cover of 13.38 acres. No wastewater is generated by this project. 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 Mr. Gary Hudder Page 2 October 8, 2013 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, an existing partial sedimentation and sand filtration basin (EAPP File No. 11-05032802), designed using the TCEQ technical guidance document, Complying with the Edwards Aquifer Rules: Technical Guidance on Best Management Practices (2005), will be utilized to treat stormwater runoff. The required total suspended solids (TSS) treatment for this project is 4,108 pounds of TSS generated from the 4.72 acres of increased impervious cover. The approved measures meet the required 8o percent removal of the increased load in TSS caused by the project. The drainage area is 20.64 acres with an impervious cover of 16.0 acres (13.38 acres existing). The runoff will be treated with the existing partial sedimentation and sand filtration pond (East Pond, Basin C). The pond has been sized to capture runoff from 20.64 acres of drainage area with 18.10 acres of impervious cover (13.38 acres existing). GEOLOGY The site was disturbed and is currently used as a street. As such, geologic assessment was not conducted by TCEQ Austin Regional Office staff . STANDARD CONDITIONS 1. 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. Prior to Commencement of Construction: 2. 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. 3. 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. 4. 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. Mr. Gary Hudder Page 3 October 8, 2013 During Construction: 5. 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. 6. 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: 7. 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. SPECIAL CONDITIONS I. Perform quarterly inspection and remove vegetation from the water quality pond if necessary. 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. Sine rely, arolyn Runyon, ` ater Section Manager Austin Region Office Texas Commission on Environmental Quality CDR/ld cc: Mr. Kenneth Aicklen, P.E., Baker-Aicklen & Associates, Inc. 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, MC212 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 hone -rule municipality, who, being duly sworn by nie, 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 Conunission on Environmental Quality (TCEQ) on October 8, 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 Southwest Downtown Infrastructure Improvements; located about 0.25 miles east of I-35 on Round Rock Avenue, Round Rock, Williamson County, Texas. (3) STEVE NORWOOD, City Manager Affiant for Landowning Entity SWORN AND SUBSCRIBED TO before nie on this 15 day of etvl,Ld.Vv , 2013. Nota 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 nie 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 Oday of MA/€446e-y-- , 2013. L SARA LEIGH WHITE MY COMMISSION EXPIRES July 11,2016 00285547.DOC Notary Public, State of T Printed Notary Name: Commission Expiration: RECORDED DOCUMENT FOLLOW 1011 11 110111 11011 DEED RECORDATION AFFIDAVIT Edwards Aquifer Protection Plan THE STATE OF TEXAS COUNTY OF TRAVIS COUNTY OF WILLIAMSON 111111111 III F AF III 4 PGS 2013108594 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 October 8, 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 Southwest Downtown Infrastructure Improvements; located about 0.25 miles east of 1-35 on Round Rock Avenue, Round Rock, Williamson County, Texas. (3) STEVE NORWOOD, City Manager Affiant for Landowning Entity SWORN AND SUBSCRIBED TO before me on this 134 day of NkgektLQ.,r , 2013. Notary Public, tate of Teas THE STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, on this day personalty 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 %3 -day of 14/' , 2013. R'rsiyxs SARA LEIGH WHITE MY COMMISSION EXPIRES 'j July11,2016 00285547.DOC CM-13-11-zoi Notary Public, State o as Printed Notary Name: Commission Expiration: 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 October 8, 2013 Mr. Gary Hudder, Transportation Director City of Round Rock 2008 Enterprise Dr. Round Rock, TX 78664 Re: Edwards Aquifer, Williamson County NAME OF PROJECT: Southwest Downtown Infrastructure Improvements; Located about 0.25 Miles East of I-35 on Round Rock Ave.; Round Rock, Texas TYPE OF PLAN: Request for Approval of An Exception of Water Pollution Abatement Plan (WPAP); 30 Texas Administrative Code (TAC) Chapter 213 Edwards Aquifer Edwards Aquifer Protection Program ID No. 11-13070801; Investigation No. 1101779; Regulated Entity No. RN104575691 Dear Mr. Hudder: The Texas Commission on Environmental Quality (TCEQ) has completed its review of the Exception Request of WPAP for the above -referenced project submitted to the Austin Regional Office by Baker-Aiclden and Associates, Inc. on behalf of City of Round Rock on July 8, 2013. Final review of the Exception was completed after additional material was received on August 22 and September 27, 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 Southwest Downtown Infrastructure Improvement project will have an area of approximately 20.64 acres. It will include the rehabilitation of existing roads and the addition of related sidewalks. The impervious cover will be 16.0 acres (77.52 percent) with an existing impervious cover of 13.38 acres. No wastewater is generated by this project. 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 CnM—►3--1\— L(1 Mr. Gary Hudder Page 2 October 8, 2013 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, an existing partial sedimentation and sand filtration basin (EAPP File No. 11-05032802), designed using the TCEQ technical guidance document, Complying with the Edwards Aquifer Rules: Technical Guidance on Best Management Practices (2005), will be utilized to treat stormwater runoff. The required total suspended solids (TSS) treatment for this project is 4,108 pounds of TSS generated from the 4.72 acres of increased impervious cover. The approved measures meet the required 8o percent removal of the increased load in TSS caused by the project. The drainage area is 20.64 acres with an impervious cover of 16.0 acres (13.38 acres existing). The runoff will be treated with the existing partial sedimentation and sand filtration pond (East Pond, Basin C). The pond has been sized to capture runoff from 20.64 acres of drainage area with 18.10 acres of impervious cover (13.38 acres existing). GEOLOGY The site was disturbed and is currently used as a street. As such, geologic assessment was not conducted by TCEQ Austin Regional Office staff . STANDARD CONDITIONS 1. 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. Prior to Commencement of Construction: 2. 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. 3. 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. 4. 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. Mr. Gary Hudder Page 3 October 8, 2013 During Construction: 5. 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. 6. 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: 7. 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. SPECIAL CONDITIONS I. Perform quarterly inspection and remove vegetation from the water quality pond if necessary. 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. Sin = ely, arolyn Runyon, ` ater Section Manager Austin Region Office Texas Commission on Environmental Quality CDR/ld cc: Mr. Kenneth Aicklen, P.E., Baker-Aicklen & Associates, Inc. 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, MC212 CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK, TX 78664 FILED AND RECORDED OFFICIAL. PUBLIC RECORDS 2013108594 11/21/2013 08:30 AM DPEREZ $33.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS