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CM-13-12-256ROUND ROOK TEXAS NIYNSEi S5ON rxosrfnoY City of Round Rock Agenda Item Summary Agenda Number: Title: Type: Governing Body: Agenda Date: Dept Director: Cost: Indexes: Attachments: Department: Consider executing a Determination Letter with Williamson County Conservation Foundation regarding participation in the Regional Habitat Conservation Plan. City Manager Item City Manager Approval 12/13/2013 Michael Thane, Director of Utilities and Environmental Services $13,058.00 Self -Financed Water Construction DeterminationLtr_WCCF_BCRUATW3_CM 12.13.13, Application_WCCF_BCRUATW3_CM 12.13.13 Utilities and Environmental Services Text of Legislative File CM -13-12-256 The Round Rock Treated Transmission Line Segment 3 is the final segment required to deliver BCRUA treated water to the City's transmission system. Segment 3 consists of approximately 12,000 linear feet of 48 -inch waterline. The horizontal alignment of Segment 3 is to generally follow the future extension of New Hope Drive from Ronald Reagan Blvd. to C.R. 175 north of RM 1431. The waterline will connect to the east end of Treated Waterline Segment 2C at Ronald Reagan Blvd. and terminate at an existing 48 -inch stub -out at the northwest corner of the RM 1431 and C.R. 175 intersection and will be constructed within its own City of Round Rock Waterline Easement. The City's Engineering Staff is recommending participation in the Williamson County Conservation Foundation Regional Habitat Conservation Plan that will protect the City from direct or indirect effects to Golden Cheek Warbler (GCW) habitat found in two places along the pipelines designed route, .62 and 2.29 acres respectively totaling 2.91 acres, and 7.03 acres for karst area consideration. Participation in this plan will cost $13,058 and protect the City from future costs of permitting and possible extensive fines for encountering either the GCW or karst features that are prevalent in this area. Staff recommends approval. City of Round Rock Page 1 Printed on 12/12/2013 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Utilities & Environmental Services Project Mgr/Resource: Michael Thane Council Action: ORDINANCE Agenda Wording Round Rock Treated Transmission Line Project Name: Segment 3 ContractorNendor: Williamson County Conservation Foundation n RESOLUTION City Manager Approval CMA Wording Consider executing a Determination Letter with Williamson County Conservation Foundation regarding participation in the Regional Habitat Conservation Plan. Attorney Approval Attorney Notes/Comments O:\wdox\SCClnts\0141\1300\MISC100288072.XLS Updated 613108 WILLIAMSON COLIN 1 y CONSERVATION FOL INI )A1 ION Board of Directors As of April 24, 2013 Pct. 3 Commissioner Valerie Covey, Board President Williamson County, TX Pct. 2 Commissioner Cynthia Long Board Vice-president Williamson County, TX Brent A. Baker Studio/16:19 Round Rock, TX Patty Eason Council Member City of Georgetown, TX Maria Acosta Cedar Park, TX Rob Rothenberg Rothenberg Realty Georgetown, TX Larry Quick ('resident, Upper Brush Creek Water Control & Improvement District Round Rock, TX Williamson County Conservation Foundation c/o Parks and Recreation 219 Perry Mayfield Leander, TX 78641 512/943-1921 November 18, 2013 Also by email scan to Kevin Ramberg, ACI Group. City of Round Rock, Texas c/o Michael Thane, Director of Public Works 2008 Enterprise Drive Round Rock, TX 78664 Re: A water transmission line easement running east/west from the intersection of Ronald Reagan Boulevard and County Road 272 across private properties to Sam Bass Road (CR 175) and then southeast adjacent to CR 175 to the intersection with an existing line at Whitestone Blvd. (FM 1431); Williamson County, Texas; WCCF file #20131106. Dear Mr. Thane: A review of the referenced project has been completed in accordance with the Williamson County Regional Habitat Conservation Plan (RHCP). Based on the provided supporting documents including a Biological Opinion (BO) submitted to the U.S. Fish and Wildlife Service on behalf of the U.S. Army Corps of Engineers and prepared by ACI Consulting and Environmental and Planning Associates, Inc. (May 2013), the Williamson County Conservation Foundation is able to make the following determination as to this application: 1. The participation fee for the referenced project will be $13,058.00 (Thirteen Thousand, One Hundred Fifty-eight and No hundredths Dollars). Thls amount ("Participation Fee") will be reflected in Paragraph 2 of the Participation Agreement (the "Agreement"). This fee is calculated using the provided acreage figures for direct and indirect effects to Golden cheeked warbler (GCW) habitat totaling .62 and 2.29 acres respectively and 7.03 acres for karst area consideration. 2. Please notify this office as soon as possible — by email to wccf@wilco.org or by fax to 512-943-1931 — of agreement to these participation terms. A signed, color scan is acceptable. 3. Upon return of the signed Determination Letter and submission of the indicated fees, a Participation Agreement will be prepared based on these participation terms and delivered to your office for execution. 4. Once the Participation Agreement is executed please return a signed original of the Agreement to us along with the indicated fees and a signed, hard copy of this Letter. If you wish for WCCF to file documents Q -\!----a Re: City of Round Rock, water transmission line; WCCF file #20131106. in Williamson County official public records AND to bill you for the filing fee, please indicate at the designated location below. Subsequent to WCCF's receipt of the filed copies of documents, this office will then prepare and mall a participation certificate. Although the certificate is not an official document, it may be posted at the project site as notification to interested parties of participation in the Williamson County RHCP. Should you have any questions about this letter, please contact WCCF. Sincerely, Gary D. B Director, Environmen? I Programs Williamson County Conservation Foundation Agreed as to both form and substance: By: Title: C;kkkAKo \ cc Date: /.0'/.3 Page 2 of 2 AIF CONSERVATION ti n NI wk >y Williamson County Regional Habitat Conservation Plan Participation Application 1. Applicant Information Applicant Name: Mr. Michael Thane Company or Agency: City of Round Rock Mailing Address: 2008 Enterprise Drive City: Round Rock Contact Name: Kevin Ramberg Phone No.: 512-347-9000 Application No.: Date Submitted: State: TX Zip Code: 78664 Contact Title: Principal Ecologist E-mail: kramberg@aci-group.net Fax No.: 512-306-0974 2. Landowner information, if different from Applicant. Please provide evidence of authority from Landowner to Applicant. Mailing Address: Various parcels. Waterline within an easement. City: Round Rock State: TX Zip Code: 78664 3. Property Please provide the information requested in A, B, and C below. A. Street Address or Describe Location: The proposed water transmission line will run east from the intersection of Ronald Reagan Boulevard and County Road 272 across private properties to Sam Bass Road (CR 175), then turn southeast and run adjacent to CR 175 until it ties in to a existing line at Whitestone Boulevard (1431). (Attachment A) B. Legal Description If platted property: Subdivision: Lot(s): Block: Phase: Section: Volume: Page No.: If unplatted property: Acres: Out of: Survey No.: Also, please attach a legible survey and metes and bounds description of property prepared by a registered public licensed surveyor. C. Tax Parcel ID Number(s) of property (also attach a recent Williamson Central Appraisal District map with the subject property highlighted): R031469, R462721, R318984, R031475, 8031492, R468194, R031466, R031501, R005370, R031468, and R031462 (Attachment A) D. Other: If possible, locate any property pins or monuments with GPS and include the processed coordinate data. 4. Has the U.S. Fish and Wildlife Service (Service) determined mitigation requirements or potential take of listed species for this property or a portion thereof? If yes, please attach a copy of the calculations and any related correspondence from the Service. Attachment B — Biological Assessment and Attachment C — Biological Opinion {036.00050172.4)Williamson County Participation Application Z Yes 0 No 5. Is the property located over or within 1,000 feet of the karst zone as depicted on Figures 1-1 and 3-1 of the Regional Habitat Conservation Plan? If no, please proceed to number 11. ® Yes 0 No 6. If yes to number 5 above, has a geologic assessment for the property been prepared by a professional geoscientist licensed in the State of Texas? If yes, please attach documentation and report(s). The Geologic Assessment for the metering station and the Karst Report for the waterline are in Attachment D. ® Yes 0 No 7. If a geologic assessment was prepared, were caves or other recharge features identified on the property? If yes, please attach documentation and report(s). The Geologic Assessment for the metering station and the Karst Report for the waterline are in Attachment D. ❑ Yes ® No 8. Were recharge features evaluated or excavated to determine if they may provide habitat for the Coffin Cave mold beetle and/or the Bone Cave harvestman? If yes, please attach documentation and report(s). One feature was excavated and dismissed as a non -sensitive feature not "likely" to contain endangered karst invertebrates (See Karst Report in Attachment D). ZYes El No 9. To your knowledge, are there any named caves, gated caves, or caves previously identified as containing the Coffin Cave mold beetle and/or the Bone Cave harvestman? If yes, please attach documentation and report(s). No recharge features have been previously identified (See Attachment D). ❑ Yes ® No 10. Have caves on the property been mapped and surveyed to the most recent Service protocols for determining presence or absence of the Coffin Cave mold beetle or the Bone Cave harvestman by a Service -permitted biologist? If yes, please attach documentation and report(s). No recharge features were identified (See Attachment D). ❑ Yes ® No 11. Has the property been evaluated by a Service -permitted biologist for suitable habitat for the golden-cheeked warbler or black -capped vireo or has a presence/absence survey been conducted in accordance with Service protocols by a Service -permitted biologist in the last 5 years? If yes, please attach documentation and report(s). See Attachment B — Biological Assessment. ® Yes 0 No 12. Does the property contain springs, seeps, or underground watercourses that might provide habitat for the Georgetown salamander? O Yes ® No 13. If yes to number 12, have the springs, seeps, or underground watercourses been searched for presence of salamanders? If yes, please attach documentation and report(s). N/A ❑ Yes ® No (036.00050172.4)Williamson County Participation Application — revised 12/2012 14. Would you be interested in the County's land in lieu of fees program which may allow credit for the donation of certain qualifying habitat? 0 Yes ® No 15. Proposed use of the property: Provide a summary describing the scope and nature of the proposed activities and uses of the property. This summary should provide details regarding the proposed development plan, including square footage or acreage of limit of clearing (limit of clearing is any area within which any type of clearing or land disturbance will occur, e.g., area for erosion controls, driveway, utilities). Attach plan that identifies the foregoing items. The purpose of this project is to extend a treated water transmission pipeline from an existing Brushy Creek Regional Utility Authority pipeline to an existing 48 -inch Round Rock water line. See detailed project description in Attachment B — Biological Assessment. 16. Right of Entry: Please sign and date the Right of Entry attached as Exhibit "A" to this Participation Application. 17. Other information: Provide any additional information that may be useful in evaluating participation and possible mitigation levels, including whether the use of the property proposes unusually low impervious cover, the existing karst features have suffered previous encroachment, and other pertinent information. Conservation measures for WCRHCP participation will occur before project -related actions can effect habitat. Conservation bank credits for the Golden-cheeked Warbler will be 0.62 acres of direct impact and 2.29 acres of indirect impact. Credits for karst zone I will be greater than or equal to 7 acres (See Attachment C — Biological Opinion). See Attachment E for the anticipated mitigation fee spreadsheet. Comments: I realize that failure to supply complete information with this Participation Application may delay processing. I understand that a copy of this Participation Application may be provided to the Austin office of the U.S. Fish and Wildlife Service. I certify that all statements on this Participation Application are true and . • . = to the best of myowledge. • /// % �7 Signature of Person a ponsible for Submitting Participation Application Date Signed 7,2 _D of -1'> €-v Printed Name of Person Signing {036.00050172.4}Williamson County Participation Application — revised 12/2012 f Indicate Agent or Attorney Submit completed Participation Application, including the Right of Entry attached as Exhibit "A," and applicable fees to the following: Williamson County Regional Habitat Conservation Nan Plan Administrator 219 Perry Mayfield Leander, Texas 78641 Fax No.: 512-943-1931 E-mail: wccf@wilco.org FOR OFFICE USE ONLY Date Received: Staff initials Application complete? Additional information needed: Comments: {036.00050172.4}Williamson County Participation Application — revised 12/2012