UPPER BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT 2016 ANNUAL REPORT

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1 UPPER BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT 2016 Prepared by Ruth Haberman

2 The mission of the Upper Brushy Creek Water Control and Improvement District is to maintain and improve flood control structures and take appropriate measures to protect public safety as well as economic infrastructure of the District, in consultation and cooperation with other governmental entities. The District will actively foster a regional perspective and will encourage cooperation among governmental entities. We will accomplish these tasks utilizing cost-effective methods, minimizing the impact to the environment, considering the community values of our stakeholders, and conducting our business with openness, honesty and integrity. (Amended 12/2010) The District Board of Directors and staff take this mission very seriously and actively worked to further it throughout The District is the local sponsor for 23 earthen flood control structures (dams) built in the 1950 s and 60 s by the Soil Conservation Service (SCS), currently known as the Natural Resources Conservation Service (NRCS). Routine maintenance has been performed on all 23 dams. There is one dam modernization project under construction and one in the design phase; one major dam remediation project in the analysis phase; and the design of two new dams is underway. The District facilitated the completion of the Risk Map Flood Study, which was submitted to FEMA for creation of new regulatory floodplain maps for the entire watershed. Additionally, the District submitted the Upper Brushy Creek Hazard Mitigation Plan to the State for review. The District has updated their Emergency Action Plan, improved the Flood Monitoring System, and upgraded their website. This work was all accomplished with a total budget of $5.3M (O&M = $1.4M; CIP = $3.9M) and three staff members (General Manager, Project Manager, District Secretary). The following report provides a description of the activities of the District through calendar year 2016 including: REGULATORY COMPLIANCE MAJOR PROJECTS MISCELLANEOUS PROJECTS ACTIVITY WITHIN DISTRICT EASEMENTS OPERATIONS FINANCES BOARD OF DIRECTORS COMMUNICATION RAIN EVENTS REGULATORY COMPLIANCE The District has regulatory obligations associated with the classification of the dams. All High Hazard dams in the state of Texas are required to be inspected every five years, and require an Emergency Action Plan (EAP) reviewed and approved by the Texas Commission on Environmental Quality (TCEQ). As of 2016, all of the District s 23 dams are classified as High Hazard by TCEQ. The General Manager is responsible for Operation and Maintenance of District infrastructure, implementation of the Emergency Action Plan, and interaction with all regulatory and partner agencies. Dam Inspections: The District increased its dam inspection and monitoring activities in 2016 to ensure that maintenance issues are identified and addressed in a systematic and timely fashion. The District hired Freese & Nichols, Inc. (FNI) to assist staff by inspecting and monitoring the dams on a quarterly basis, and to help assess dam maintenance needs. Halff Associates, Inc. (Halff) was hired to perform Page 2 of 9

3 technical inspections at Dams #3, #4, #12, #13A, and #21 in 2016 to satisfy the requirements of the Texas Commission on Environmental Quality (TCEQ). Final reports are being prepared for submittal to TCEQ in February 2017, along with the District s plan of action to address all recommended corrective actions and maintenance/monitoring actions. Dam Maintenance: The District has implemented an aggressive maintenance program. Moir Watershed Services, LLC (MWS) performed quality maintenance at all of the dams, keeping an aesthetic appeal and meeting all State requirements. ADK Environmental, Inc. provided specialized maintenance at Dam #14, applied herbicide on the dam crest roads to keep them clear of vegetation, and applied fire ant control on all of the dam embankments. Performance Plus, Inc. provided expert maintenance services on the dam outlet works. A list of routine maintenance activities that were performed in 2016 is provided in Attachment A. In addition to routine maintenance, the District worked with the City of Round Rock Parks and Recreation Department to repair and fence a portion of the Dam #17 embankment that had become eroded over time due to pedestrian traffic from the adjacent neighborhood to Old Settlers Park. In 2016 Halff completed the development of an Operations and Maintenance Database for the District, populating it with historic data from past inspections and other documentation. This database, combined with the District s GIS mapping hosted by Halff allows staff to compile, query, report, and view maintenance issues geographically. Emergency Action Plan: The District had an on-call contract in 2016 with URS/AECOM to provide emergency support during extreme rain/flood events. The URS/AECOM team, comprised of several engineers and support staff who live within or near the District, was available to provide flood monitoring assistance, as well as the ability to deploy boots on the ground in a potential or actual emergency. Fortunately, in 2016 there were no extreme rain events that required emergency support. The District submitted a District-Wide Emergency Action Plan (EAP) to TCEQ in December 2015, replacing 21 individual EAPs. TCEQ acknowledged the update in January The District hired URS/AECOM, managed by the District General Manager to add Dams #10A and #10B to the District s EAP in response to the dams hazard reclassification. That revision was submitted to TCEQ in November 2016 The District partnered with Williamson County Emergency Operations Center (Wilco EOC) in December 2016 to upload the District s EAP into an electronic format. The platform Wilco EOC is using for their Emergency Operations Planning is BOLDplanning.com. The District s EAP will be an annex to their plan, and will be available to all of the emergency responders in the area. Updates will be automatically distributed to all stakeholders. The District contracted with BOLDplanning to perform the conversion of the EAP into their electronic format, which should be completed in February Flood Monitoring System: The District partnered with U.S. Geological Survey (USGS) to install rain and level gages at Dam #10B in November The District s gage network is now complete, with gages at all twenty-three dams. These gages provide real time data to District staff, local emergency responders, and the general public, allowing for all parties to make informed decisions related to weather conditions. All of the gage data is provided publically on the District s website as a user-friendly Flood Monitoring System (FMS). Page 3 of 9

4 The FMS web interface was developed and is hosted by Halff, and has been undergoing upgrades throughout The District hired Halff, managed by the District General Manager to perform field surveys at all of the dams and to coordinate with USGS. As a result of this effort, the elevations reported by the USGS gages coincide with real on-the-ground elevations. The District also contracts with URS/AECOM to provide improvements to the FMS database functionality. MAJOR PROJECTS The District is finalizing its Dam Modernization Program to upgrade the District s dams that are classified as High Hazard to meet State regulatory requirements. Chris Tschirhart, the District s Project Manager oversees the design and construction of all of the Dam Modernization Projects and new Capital Improvement Projects. The Board s Technical Committee (Villarreal/Adams) receives technical input from staff and makes recommendations to the Board regarding major design, construction, and contracting issues associated with Dam Modernization and certain miscellaneous projects. The Capital Improvements Committee (Sawyer/Adams) is similarly involved in the Lake Creek Flood Mitigation Projects. Dam Modernization: The design of the Dam #7 Modernization Project was completed in December 2015 by FNI. This project is by far the largest and most complicated undertaken by the District thus far. This project will bring Dam #7, the District s largest dam into regulatory compliance. The District coordinated with Austin Water Utility (AWU) to relocate their existing wastewater line out of the construction area, at their expense. Additionally, the District partnered with the Williamson County Parks and Recreation Department to remove and replace the regional trail that crosses the dam, sharing the cost. The District worked closely with the County to try to blend the functional nature of the dam project with the aesthetics of the regional trail system. A construction contract was awarded in May 2016 through a Competitive Sealed Proposal procurement process to ASI Constructors, Inc. for a total amount of $17.8M. The total cost of the utility relocation that will be reimbursed by AWU is approximately $3.8M, which is included in the total project construction cost. The County s portion of the trail reconstruction is approximately $327K, also included in the total project cost. Construction of the project began in July 2016 and is scheduled to be substantially completed in August A description of the project and an aerial photograph of the project site are included as Attachment B. The District s consultant, URS/AECOM made progress on the final design and permitting of the Dam #8 Modernization Project, getting close to 90% design by the end of Coordination with the property owners, the City of Austin, TCEQ, and other regulatory agencies is ongoing. The project design should be completed by Summer 2017, with construction completion scheduled for the end of Dams #10A and #10B were reclassified from Low Hazard to High Hazard by TCEQ in February 2016, giving the District the unique distinction of having 100% of its dams classified as High Hazard. According to a study completed in 2014 for the District by URS/AECOM, Dam #10A will require modernization, as it does not currently meet state regulatory requirements for High Hazard dams. That same study showed that Dam #10B meets state requirements and will not require modernization. However, field investigations found that the Dam #10B principal spillway outlet has been buried by years of quarry activity, blocking the drainage flow path from the dam. This issue is only significant in severe flood events, but it does impact the dam s hydraulic function. A project to remediate that issue is under investigation and a design project could begin in early A grant application was submitted to the Natural Resources Conservation Service (NRCS) in 2015 for Dam Assessment Funding for Dam #10A, the first step in the modernization process. Page 4 of 9

5 Capital Improvements: In February 2016 the District was awarded a grant through the Texas Division of Emergency Management (TDEM) to help offset the cost of the emergency stabilization at Dam #22 required as a result of the Memorial Weekend 2015 flooding. TDEM reimbursed the District over $224K in 2016, and more reimbursement is expected in The District also submitted an application to NRCS for Dam Assessment Funding for Dam #22, which was awarded. NRCS hired HDR Engineering, Inc. (HDR) to perform the assessment, which is currently underway. In the meantime, the District hired FNI to evaluate the current condition of Dam #22 and propose alternatives for a permanent repair of the structure. The Lake Creek Flood Mitigation Project is a combination of two new dams that are currently being designed to solve Round Rock s most significant flooding problems, with financial and technical participation from the District, the City of Round Rock, and potentially other sources. The design and construction of Dam #102 will be fully funded by the District and managed by the District Project Manager. The District hired URS/AECOM to design Dam #102. The District has committed to cost participation with the City of Round Rock for Dam #101 through an Interlocal Agreement. The City hired URS/AECOM to design Dam #101, and they are actively seeking grant funding from one or more sources. Both dams will become the responsibility of the District, with regulatory oversight by TCEQ once construction is complete. Preliminary design is underway for these two projects. MISCELLANEOUS PROJECTS In addition to major assignments to engineering firms, the District had on-call contracts in 2016 with FNI, Halff, and URS/AECOM to provide miscellaneous engineering services as an extension of District staff. Studies: In 2015 the Upper Brushy Creek Watershed Study and Flood Protection Plan (FPP), partially funded by the Texas Water Development Board (TWDB), was leveraged with the Federal Emergency Management Agency (FEMA) to develop more accurate floodplain maps and models for the entire watershed. The FEMA funded Risk Map Flood Study was completed by the District s consultant, URS/AECOM and submitted to FEMA in April The project was overseen by TWDB, FEMA s Cooperating Technical Partner (CTP); managed by the District General Manager; with technical participation from a Technical Advisory Committee comprised of members from all of the communities within the District boundary (Williamson County, Leander, Cedar Park, Austin, Round Rock and Hutto). The participating communities received all of the data, models, and reports that were developed for the Risk Map Flood Study for use as the best available data for development planning purposes. FEMA s consultant is currently working on the final product: new regulatory floodplain maps for the entire Upper Brushy Creek watershed. Those should be provided by FEMA to all of the communities for review in February The District contracted with FNI in February 2016 to perform a study on Existing Conditions Analysis for Dam #22 Permanent Repairs. This study was overseen by the District Project Manager with input from the General Manager and Technical Committee. A follow up study was authorized in November 2016 to evaluate alternatives for Dam #22 permanent repairs. The Board will select an alternative in February 2017 and begin design of the permanent repairs. The District contracted with FNI in February 2016 to perform a study on dam crest road and downstream slope improvements: Alternatives Evaluation for the Dams #14 and #18 Pilot Project. This study was overseen by the District Project Manager with input from the General Manager and Technical Page 5 of 9

6 Committee. No projects were initiated as a result of the study, but useful information was developed regarding potential slope failure modes and preventive solution options. Those options will be considered in the future with planned maintenance projects. Other Projects: The District applied for and received a grant in 2014 from FEMA through TWDB to develop a local hazard mitigation plan. The District hired URS/AECOM to develop the Upper Brushy Creek Hazard Mitigation Plan, managed by the District General Manager. The District, the Technical Advisory Committee, TWDB, and the public were all involved in the process. The plan was completed and submitted to TDEM for review in December Once TDEM completes their review, the Plan will be sent to FEMA for approval. The purpose of a FEMA approved Hazard Mitigation Plan is to assist communities affected by a declared disaster apply for FEMA grant funding to mitigate flooding or other hazards. In 2014 the Board approved the Thermasol/Altman Business Park Development Permit at Dam #11 contingent on the developer paying $10K to cover costs related to the structural modification to the concrete spillway riser to compensate for flood storage loss associated with the development. At the request of the City of Round Rock, this project was modified to allow for additional flood storage volume to be gained that could help the City with upcoming public projects within the contributing watershed. The District entered into an Interlocal Agreement with the City to share the cost of the Dam #11 Principal Spillway Modification Project. The project was designed by URS/AECOM, managed by the District General Manager, and reviewed and accepted by TCEQ and NRCS. The construction was completed by Performance Plus, Inc. in September 2016, with oversight by URS/AECOM. The City of Round Rock reimbursed the District for all of the design and construction costs in excess of the $10K paid by the developer. ACTIVITY WITHIN DISTRICT EASEMENTS The District General Manager reviews plans for all development that occurs within and adjacent to District structure and inundation easements to ensure that the proposed development will not interfere with the dams functionality and structural integrity. Occasionally a project is complex and the General Manager seeks technical support from one of the District s engineering consultants. The District works closely with NRCS and TCEQ, the two regulating entities for the dams as well as the other jurisdictional entities to ensure that all regulatory requirements and public safety are considered. Once the review process is completed, the General Manager makes a recommendation to the Board of Directors for permit approval or denial. In 2016 the District reviewed development permit applications and/or oversaw construction activity in close proximity to six District dams. The District amended the Policy on Activity within District Easements in February Development Permits: Activity within District easements in 2016 included permit review and approval for Global Village at Dam #3; construction oversight at Edgewater Condominiums Phases 1 and 2 at Dam #4; permit review for Edgewater Condominiums: Access and Utility Infrastructure to serve the rear parcel of the Edgewater property at Dam #4; permit review and approval for Round Rock Public Safety Training Facility at Dam #11; construction oversight and permit closure for Thermasol/Altman Business Park at Dam #11; construction oversight and permit closure for Sam Bass Covered Storage at Dam #13A; construction oversight for Paloma Lake Improvements at Dam #15; permit review, approval, and construction oversight for Old Settlers Park Improvements at Dam #17. Page 6 of 9

7 The District approved a City of Round Rock Master Permit to allow the City to allocate the excess flood storage created by the Dam #11 Principal Spillway Modification Project. The District will participate in the review process with the City. Non-Permitted Activities: In September 2015, Chasco Construction was authorized by the District, at the request of the City of Round Rock to use a portion of the auxiliary spillway within the structure easement of Dam #12 as a staging area for a nearby TxDOT project on FM 3406 (W. Old Settlers Blvd). The City of Round Rock is the underlying landowner for the land being used. Chasco provided a warranty bond for restoration of the staging area. The project has been completed and the site restored, with the exception of revegetation. The bond will be released as soon as vegetation has been fully established. The District is working with Manville Water Supply to facilitate the relocation of a waterline located within the crest of Dam #21. The District General Manager met with the Manville General Manager and staff, and the property owner downstream of the dam who is served by the waterline, hoping to expedite the process. Manville Water Supply is working on easement acquisition for the project. OPERATIONS Records: The District Secretary, Lisa Moravitz is the District s Records Management Officer, responsible for records maintenance, retention, destruction, and reporting in accordance with State regulatory requirements. Office: The District initiated a plan to find a new office location, opting to own a building. The Board s Ad Hoc Property Committee (Freeman/Williams) provided input and support to the General Manager through an extensive property search, which ended in a recommendation to purchase land and construct a new facility. A search began for a suitable property to support the District s needs: office space, records storage, Board and public meeting space, and equipment and materials storage. The Board chose a design/build delivery method, and began the procurement process for an Architectural and Engineering firm to act as the District s representative. A contract was initiated with the City of Round Rock for a 2.5 acre city-owned site centrally located within the District, with industrial zoning and all utilities. The goal is to be in the new facility by the end of Website: The District contracted with CivicPlus to develop an updated website that is robust and userfriendly for Board, staff and public interaction. The District Secretary oversaw the transition with support from the Board s IT Committee (Sawyer/Freeman), and the new website was unveiled in October FINANCES The District Secretary implements and the General Manager oversees and reviews the District s financial activities, including daily accounting, accounts payable, payroll, grant fund reporting, and audits. All financial transactions are reported to the Finance Committee (Villarreal/Sawyer), which is also responsible for review and implementation of the District s Investment Policy. Audit: FY 2016 Audit completed by Maxwell, Locke & Ritter was rated satisfactory in January Budget: The District s initial FY 2016 Budget was $18,364,100; Amendment #1 reduced the budget to $8,796,700; and the actual audited FY 2016 expenditures totaled $5,293,628. These reductions were primarily due to the planned versus actual time to initiate the Dam #7 Modernization construction project. The actual expenditures included $1,381,427 for Operations and Maintenance (dam Page 7 of 9

8 maintenance, staff salaries, office expenses, professional services, and insurance); and $3,912,201 for Capital Improvements (engineering and construction for dam modernization, rehabilitation, and new design). The Board-approved FY 2017 Budget is O&M - $1,961,540, and CIP - $22,675,000 for a total of $24,636,540. All unused capital funds remain in interest bearing, secure local government investment pool accounts, so they are available for the upcoming projects. All funds are generated from tax revenue or grants, and no funds are borrowed. FY 2016 Budget Amendment #1 approved in February 2016 FY 2017 Budget approved in August Grants Grant awarded by FEMA through TDEM for Emergency Repair for Dam #22 (75% reimbursement). Grant awarded by NRCS for Dam Assessment Funding for Dam #22 (100%, implemented by NRCS). Taxes The District adopted the FY 2016 Property Tax Rate of $ per $100 valuation in August This was the highest rate that the District could adopt without triggering the rollback provisions in the Water Code Section The Board has discussed the possibility of reducing the tax rate at some time in the future. However, the extent of current and anticipated projects and ongoing maintenance requirements preclude a reduction at this time. The Board will consider the feasibility of a tax reduction on an annual basis. BOARD OF DIRECTORS Election: The terms of directors Gregor Forbes, Robert Jackson, and Miguel Villarreal expired in May 2016, so the District held a General Election for those three positions. The District Secretary administered the election process for the District. On May 7, 2016, Miguel Villarreal was re-elected and two new directors were elected: Mike Freeman and Jeremiah Williams. The Board reconfigured their officer positions in May 2016: President Jeff Sawyer Vice-President Robert Adams Secretary/Treasurer Miguel Villarreal Director Mike Freeman Director Jeremiah Williams The following committee assignments were made after the election: COMMITTEE DIRECTORS. Finance Administration Information Technology Technical Capital Improvements Regional Issues Ad Hoc - Property Villarreal and Sawyer Sawyer and Adams Sawyer and Freeman Villarreal and Adams Sawyer and Adams Freeman and Williams Freeman and Williams Page 8 of 9

9 Presentations made to the following: UPPER BRUSHY CREEK WCID COMMUNICATION U.S. Society on Dams presentation with Freese & Nichols, Inc. regarding the Dam #7 Modernization Project Texas Association of Watershed Sponsors presentation with Williamson County Road and Bridge and Emergency Operations regarding the Memorial Weekend 2015 Floods Round Rock Sertoma Club presentation regarding District operations and the Dam #7 Modernization Project Natural Resources Conservation Service video presentation regarding District operations Public Meetings in Cedar Park, Round Rock, and Hutto regarding Upper Brushy Creek Hazard Mitigation Plan Staff participated in the following: Texas Association of Watershed Sponsors, 2016 Spring and Fall Meetings Williamson County Flood Symposium Flood Focus Group: Williamson County, Travis County, City of Austin, and the District Texas Floodplain Management Association, 2016 Fall Technical Summit Texas Municipal Clerks Association, Ethics Training Project Management Institute Austin, 2016 Spring and Fall Seminars Freese & Nichols University, Art of Construction Management RAIN EVENTS The Upper Brushy Creek watershed experienced slightly higher than average rainfall in Dam #3 received 30.4 of rainfall, while Dam #6 received The average annual rainfall for the Austin area is 33 according to the National Weather Service. There were no major rain events in 2016 that exceeded 4 in any one day. Moderate rain fell consistently throughout the year, with only a few dry months. Graphs showing precipitation and lake level from the USGS gages at various dams across the watershed are included as Attachment C. Page 9 of 9

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