Contract - Texas Parks and Wildlife - 7/14/2016TEXAS PARKS AND WILDLIFE DEPARTMENT
TEXAS PARKS, RECREATION AND OPEN SPACE FUND
AMENDMENT TO PROJECT AGREEMENT
Project Amendment Number: 20-000029.1
Project Name: ROUND ROCK Behrens Ranch Park
THIS AMENDMENT to Project Agreement Number 20-000029 is hereby made and agreed upon by the State of
Texas, acting through the Texas Parks and Wildlife Department and by the undersigned subdivision pursuant to the
Texas Recreation and Parks Account Program.
The political subdivision (sponsor) and the State of Texas, in mutual consideration of the promises made herein and
in the fund agreement of which this is an amendment, do promise as follows:
To DELETE by conversion the 18.414 acre McNeil Park from the project scope.
To REPLACE the converted site with the 226.03 acre site located along the north line of Sam
Bass Road/FM 3406 and the west line of Creek Bend Blvd., Round Rock, Williamson County,
Texas.
To RENAME the project and replacement site as Behrens Ranch Park.
In all other respects the fund agreement of which this is an amendment, and the plans and specifications relevant
thereto, shall remain in full force and effect. This amendment is effective upon execution by the Department.
TEXAS PAR �ANDOILDLIEEDUPARTMENT
by
Tim Hogsett, Director, Recreation Grants Branch
Name and Title g
TPWD Approval Date
® SAM Date -Initials: n/a-05/04/2016-re
Round Rock 20-000029 Amendment 1
CITY OF ROUND ROCK
Political u ision (Spons )
by
Adm► M�
Name and Title
Page 1 of 1 (Rev. 01/2013)
TEXAS PARKS AND WILDLIFE DEPARTMENT
CERTIFICATE OF LAND DEDICATION FOR PARK USE
TEXAS LOCAL PARKS, RECREATION AND OPEN SPACE FUND
This is to certify that a permanent record shall be kept in the CITY OF ROUND ROCK
public property records and be made available for public inspection to the effect that the
property described in the scope of the Project Agreement, Amendment 1, for ROUND
ROCK Behrens Ranch Park, Project Number 20-000029, and the dated project
boundary map made part of that Agreement, has been acquired or developed with Texas
Parks, Recreation and Open Space Fund assistance, and that it cannot be converted to
other than public recreation use without the written approval of the Texas Parks and
Wildlife Department.
CITY OF ROUND ROCK
Politic ] Subdivision
By C � A
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OFFICE MEMORANDUM
Date: April 11, 2016
To: Record
From: Ryan McGillicuddy
Subject: Round Rock Conversion
Re: Project Number 20-000029
COORDINATION — ROUTING
I Div. I Name 11nitial I Date I
Remarks:
Retum To:
Inland Fisheries Division Resource Review Comments
Environmental Assessment for Behrens Ranch Park
The use of "adapted species" is referenced on page 1.
a All plant species should be native to the ecoregion in which the park is located.
The potential presence of a wetland fringe surrounding the ponds on page 2.
® Foot traffic should be directed away from any wetlands, and all trails and development
should be set back from wetlands with a vegetated buffer.
Geologic Assessment for Behrens Ranch Park
The presence of a large number of karst features.
® Trails and development should be set back from karst features with a vegetated buffer and
comply with local and state ordinances.
Environmental Assessment for McNeil Park
A significant portion of the property lies within the floodplain and contains waters of the U.S.
(Chandler Branch and potential associated wetlands).
® Although the city would no longer own the property and would not be responsible for any
proposed development, it should be conveyed that via our consultation process with the
USACE 404 permitting program TPWD may not support development impacting waters of
the U.S. by the new land owner.
4200 Smith School Road TPWD MISSION: 31 ,
Austin, TX 78744-3291 - nC, t
512-389-4800 nr: outdo;7r racre,it!ol � o}}j_orunit!es for Hie. use and n;o f'll '!lt C)1 p(E5i;n[ ci!lt! ft!•'.tt
www.tpwd.state.tx.us
PWD 036 -K0700 (7/04)
OFFICE MEMORANDUM
Date: April 4, 2016
To: Record
From: Jessica Schmerler
Subject: Round Rock Conversion
Re: Project Number 20-000029
Wildlife Division Resource Review Comments
Behrens Ranch Park
Project Description
COORDINATION — ROUTING
Div. I Name 11nitial I Date
Remarks:
Retum To:
The City of Round Rock proposes to acquire approximately 236 acres of land for a metropolitan
park in the northwest quadrant of Round Rock. The development of the park is proposed to be a
passive park and will include over three (3) miles of paved and unpaved nature trails,
playground(s), pavilion(s), and small parking facilities. The City will integrate the two seasonal
ponds, potential wetlands area, and woodland areas into the park design to allow visitors to
experience the natural beauty of the property. The majority of the park will be dedicated open
space with very minimal development activities. Behrens Ranch Park is intended to be an
experiential park allowing visitors to experience nature in a "developed" setting and within walking
distance of the house. In addition, the parkland abuts Behrens Ranch Elementary School providing
a great outdoor education setting for the students at the school who may not otherwise have the
opportunity to experience such a large open space. The trail system planned for Behrens Ranch
Park will connect to existing trail systems adjacent to the park and provide added non -motorized
access to the property by connecting other neighborhoods.
Trail Construction
TPWD recommends constructing the proposed trails in a way that avoids adverse impacts to
riparian, herbaceous, and woody vegetation to the greatest extent practicable. Retaining a
wooded buffer adjacent to creeks, ponds, and wetlands with understory vegetation that is not
cleared is important for protecting these features from erosion. When trails parallel a creek, pond,
or wetland, TPWD recommends placing trails at a setback distance from banks and avoiding or
minimizing placement within wooded riparian areas. TPWD recommends retaining native wooded
vegetation to the extent feasible adjacent to water features. Please also refer to General
Comments 1 through 6 (attached) regarding trail placement, storm water runoff, landscaping,
revegetation, vegetation removal, soil erosion, and pond construction for the proposed project.
The information provided did not include details on trail construction and the whether any
pedestrian bridges would be proposed to span waterways within the proposed park. Therefore,
TPWD would like to provide the following pedestrian bridge recommendations to assist in project
planning. TPWD recommends special precautions be taken to avoid disturbance to streams and to
avoid placement of bridge pilings or riprap within the streams. It is also recommended that
PWD 036 -K0700 (7/04)
pedestrian bridges be designed to completely span the waterway and be constructed to prevent
temporary/permanent placement of fill into the stream. A potential permit may be needed if placing
culverts or bridges across watercourses/wetlands. Please refer to Types of Permits and General
Comments attached.
Vegetation Removal/Revegetation/Landscaping
The information provided did not include details on vegetation removal, including tree removal and
plans for revegetation. Therefore, TPWD would like to provide the following recommendations to
assist in project planning. TPWD recommends reducing the amount of vegetation proposed for
clearing if at all possible and minimizing clearing of native vegetation, native trees, native shrubs,
and riparian vegetation to the greatest extent practicable. TPWD recommends in-kind on-site
replacement/restoration of the native vegetation wherever practicable. TPWD recommends that
practices be implemented to prevent the establishment of invasive species and sustain existing
native species, particularly during the early stages of revegetation. TPWD recommends referring to
the Lady Bird Johnson Wildflower Center Native Plant Database (http://www.wildflower.org/plants/)
for regionally adapted native species that would be appropriate for landscaping and revegetation.
To minimize adverse effects, activities should be planned to preserve any mature trees, particularly
acorn, nut or berry producing varieties. These types of vegetation are high value to wildlife as food
and cover. TPWD generally recommends that trees greater than 12 inches in diameter at breast
height (dbh) to be removed be replaced at a ratio of three trees for every one (3:1) lost to the
extent practicable, either on-site or off-site. Trees less than 12 inches in dbh should be replaced at
a 1:1 ratio. Replacement trees should be of equal or better wildlife quality than those removed and
be regionally adapted native species. A three to five year maintenance plan that ensures an 85
percent survival rate should be developed for the replacement trees.
Landscaping for Monarch Butterflies
Significant declines in the population of migrating monarch butterflies (Danaus plexippus) have led
to widespread concern about this species and the long-term persistence of the North American
monarch migration. As part of an international conservation effort TPWD has developed a Texas
Monarch and Native Pollinator Conservation Plan, and one of the broad categories of action in this
plan is to augment larval feeding and adult nectaring opportunities. The plan can be found online at
http://tpwd.texas.gov/publications/pwdpubs/media/pwd_rp_w7000_2070.pdf. For disturbed sites
within the monarch migration corridor, TPWD recommends revegetation efforts include planting or
seeding native milkweed (Asclepias spp.) and nectar plants as funding and seed availability allow.
Where appropriate and sustainable, TPWD recommends landscaping plans incorporate monarch -
friendly plants and/or butterfly gardens. Information about monarch biology, migration, and
butterfly gardening can be found at http://www.monarchwatch.org.
Edwards Aquifer Recharge Zone
The proposed park is located within the Edwards Aquifer Recharge Zone. When developing this
property, TPWD recommends ensuring that precipitation runoff, which could potentially carry
pollutants, is intercepted and treated before reaching sensitive recharge features on and off the
project site by installing storm water BMPs. TPWD recommends installing erosion and sediment
control BMPs that would aide in construction stabilization. Erosion and sediment control measures
include temporary or permanent seeding (with native plants), mulching, earth dikes, silt fences,
sediment traps, and sediment basins. Examples of post -construction BMPs include vegetation
systems (biofilters) such as grass filter strips and vegetated swales as well as retention basins
capable of treating additional runoff. A WPAP for the proposed proiect may be required by the
PWD 036 -K0700 (7/04)
TCEQ. Additional information on WPAP requirements can be found at
http://www.tceq.texas.gov/field/eapp/wpap.htmi or by contacting the TCEQ at
eapp@tceq.texas.gov.
Protected Species/Karst
TPWD notes that there are TXNDD* records for the following species within a 3 -mile radius of
Behrens Ranch Park:
Federally -listed Endangered
Bone cave harvestman (Texella reyesi) (twelve TXNDD records) —
Invertebrate Cave (three TXNDD records)
Rookery (one TXNDD record)
Federally -listed Threatened
Jollyville Plateau salamander (Eurycea tonkawae) (three TXNDD records) —, please note that there
is also designated subsurface and surface critical habitat for this species located within the 3 mile
radius and within the proposed park boundary
Rare species
Texas almond (Prunus minutiflora) (one TXNDD record)
Rare vegetation community
Vertisol Blackland Prairie Series (Schizachyrium scoparium-Sorghastrum nutans-Andropogon
gerardii-Bifora Americana series) —
*The TXNDD is intended to assist users in avoiding harm to rare species or significant ecological
features. Given the small proportion of public versus private land in Texas, the TXNDD does not
include a representative inventory of rare resources in the state. Absence of information in the
database does not imply that a species is absent from that area. Although it is based on the best
data available to TPWD regarding rare species, the data from the TXNDD do not provide a
definitive statement as to the presence, absence or condition of special species, natural
communities, or other significant features within your project area. These data are not inclusive
and cannot be used as presence/absence data. They represent species that could potentially be in
your project area. This information cannot be substituted for on -the -ground surveys. The TXNDD is
updated continuously based on new, updated and undigitized records; therefore, TPWD
recommends requesting the most recent TXNDD data on a regular basis. For questions regarding
a record or to request the most recent data, please contact
TexasNatura1.DiversityDatabase@tpwd.texas.gov.
PWD 036 -K0700 (7/04)
As previously mentioned, there are several records for the federally -listed Bone Cave harvestman
as well as invertebrate caves within close proximity to the proposed park, with the closest record
being less than a mile from the proposed park. The proposed project is located within Karst Zone
1. Karst Zone 1 is defined as areas known to contain endangered karst invertebrate species. The
USFWS karst invertebrate survey protocols recommend on -the -ground surveys for projects located
in Karst Zones 1 to determine if karst features containing endangered invertebrates are likely to
occur. The USFWS Section 10(a)(1)(A) Karst Invertebrate Survey Requirements Survey Protocol
may be found at
http://www.fws.gov/southwest/es/Documents/R2ES/Karst_ Survey_Proced u res_20150528. pdf.
Before development occurs on this property, TPWD recommends that a karst feature survey be
performed in accordance with USFWS karst survey protocols to determine if endangered cave
invertebrate species may be present and potentially impacted by the proposed project.
TPWD recommends that no work take place within 50 meters of a known cave. Maintaining native
vegetation in areas containing karst features is important. Surface vegetation provides nutrients to
the cave ecosystem directly through plant material being washed into the karst feature with water
and indirectly by providing habitat and food for the animal communities that contribute nutrients to
the karst ecosystem (such as cave crickets, small mammals, and other vertebrates). A healthy
vegetative community also protects the karst environment from contaminates and may also help
control the spread of exotic species such as red imported fire ants. Loss of the vegetation
community could lead to nutrient depletion. Maintaining native surface vegetation in the vicinity of
karst features can also help minimize temperature fluctuations, maintain moisture regimes, reduce
potential for contamination, and reduce sedimentation from soil erosion.
As previously mentioned, and as shown in the map below, there is Jollyville Plateau salamander
(JPS) subsurface critical habitat located within the proposed park boundary. This species is
neotenic (does not transform into a terrestrial form). As neotenic salamanders, they retain external
gills and inhabit aquatic habitats (springs, spring -runs, and wet caves) throughout their lives. The
PWD 036 -K0700 (7/04)
JPS occurs in the Jollyville Plateau and Brushy Creek areas of the Edwards Plateau in Travis and
Williamson Counties, Texas. TPWD recommends that that project area be surveyed for suitable
habitat for the JPS (springs, spring -runs, and wet caves). If suitable habitat is present, TPWD
recommends performing a salamander survey. If protected salamanders are present on-site and
would be adversely impacted by the proposed project, then TPWD and the USFWS should be
contacted for guidance on the protection of this species.
As previously mentioned, there is one TXNDD record for Texas almond located within the project
area. This species is wide-ranging but scarce, found in a variety of grassland and shrubland
situations, mostly on calcareous soils underlain by limestone but occasionally in sandier neutral
soils underlain by granite. Texas almond is perennial and flowers February through May and
sometimes October. TPWD recommends surveying the project area for Texas almond where
suitable habitat may be present, prior to construction. The survey should be performed by a
qualified biologist at the time of year when this species is most likely to be found, usually during the
flowering period. If this species is present, plans should be made to avoid adverse impacts to the
greatest extent possible. If plants are found in the path of construction, including the placement of
staging areas and other project related sites, this office should be contacted for further coordination
and possible salvage of plants and/or seeds for seed banking. Plants not in the direct path of
construction should be protected by markers or fencing and by instructing construction crews to
avoid any harm.
There is also a TXNDD record for the Vertisol Blackland Prairie Series (Schizachyrium scoparium-
Sorghastrum nutans-Andropogon gerardii-Bifora Americana series) located within 3 miles of the
project area. TPWD recommends surveying the project area for the Vertisol Blackland Prairie
Series vegetation community. If this vegetation community is located within the project area, TPWD
recommends avoiding impacts to it.
Please review the TPWD county list for Williamson County, as rare species in addition to those
discussed above could be present, depending upon habitat availability. This list is available online
at http://tpwd.texas.gov/gis/rtest/. The USFWS should be contacted for species occurrence data,
guidance, permitting, survey protocols, and mitigation for federally -listed species. For the USFWS
threatened and endangered species lists by county, please visit http://www.fws.gov/endangered/.
Determining the actual presence of a species in a given area depends on many variables including
daily and seasonal activity cycles, environmental activity cues, preferred habitat, transiency and
population density (both wildlife and human). The absence of a species can be demonstrated only
with great difficulty and then only with repeated negative observations, taking into account all the
variable factors contributing to the lack of detectable presence. If encountered during construction,
measures should be taken to avoid impacting all wildlife.
4200 Smith Sch001 Road TPWD MISSION: n'rana c e an._I conserve the nnt;;ral and.cultural resaur,es of `exas.and to pro r;d
Austin, TX 78744-3291
512-389-4800.urc . ils a uj :uui outdoor necreation opportunities fc?r the use and enjc_ n -tent of present .incl future
www.tpwd.state.tx.us clenerations.
PWD 036 —K0700 (7/04)
PARKS & May 11, 2016
WILDLIFE
Ms. Laurie Hadley
Life's better outside. City Manager
221 E Main St
Commissioners Round Rock TX 78664
T.Dan Friedkin Re: Round Rock Behrens Ranch Park
Chairman
Houston Project Number 20-000029469
Ralph H.Duggins
Vice-Chairman Dear Ms. Hadley:
Fort Worth
Anna B.Galo Please find enclosed amendment number one to the referenced project for the
Laredo
conversion of 18.414 acre McNeil Park, and replacement with 226.03 acre Behrens
Bill Jones
Austin Ranch Park.
Jeanne W.Latimer
San Antonio As part of the conversion, the City is reminded that the converted property (McNeil
James H.Lee Park) includes a state historic landmark site, which legally transfers with the title to
Houston the new owner of the former park. Any questions related to this requirement should
S.Reed Morian be directed to Tiffany Osburn with the Texas Historical Commission at 512-463-
Houston 8883 or at tiffany.osburna_thc.state.tx.us.
Dick Scott
Wimberley
Also attached are the TPWD Resource Staff review comments related to the
Kelcy L.Warren
Dallas development of Behrens Park. The expectation is compliance with the staff
Lee M.Bass comments.
Chairman-Emeritus
Fart Worth
Please sign the Amendment, Certificate of Land Dedication, and project boundary
--- map, and when available provide the deed(s) for Behrens Ranch Park and the
Carter P.Smith proposed development plan. Return a scanned copy of all signed documents for our
Executive Director files through Recreation Grants On-Line (RGO) system. Feel free to contact us at
512-389-8109 if you have any questions.
4el , PRP
Director
Recreation Grants Branch
TH:DL:re
Enclosures
cc: Rick Atkins
Parks & Recreation Director
Steve Sheets
Sheets &Crossfield
4200 SMITH SCHOOL ROAD
AUSTIN,TEXAS 78744.3291
512.389.4800 To manage and conserve the natural and cultural resources of Texas and to provide hunting,fishing
www.tpwd.texas.gov and outdoor recreation opportunities for the use and enjoyment of present and future generations.