Feb. 23, 2005  | | The provisions in a recent water service agreement between LCRA and landowners along Hamilton Pool Road require builders to offer a landscape option that uses native and adapted vegetation such as those outlined in a new brochure from LCRA. How to order your copy. |  See map of the area. |  he old saying goes “when in doubt, get it in writing.”
LCRA and landowners have done just that recently when the parties signed water service agreements designed to protect water quality in a semi-rural area along Hamilton Pool Road in western Travis County. The landowners want to build four residential developments on about 1,300 acres of rolling hills. Most of the property is located in the contributing zone of the Barton Springs segment of the Edwards Aquifer. The area is largely unincorporated, meaning local jurisdictions have limited or no land-use and zoning controls. LCRA agreed to build a pipeline to supply water to the developments after the landowners volunteered to abide by water quality measures included in the service contracts. Specifically, the contracts incorporate water quality protection measures recommended in 2000 by the U.S. Fish and Wildlife Service based on a memorandum of understanding between the Service and LCRA. The Fish and Wildlife Service's recommended measures are intended to limit pollution caused by stormwater runoff and protect water quality in the Edwards Aquifer. In addition, the contracts include water quality protection elements covering construction plan approval, monitoring and enforcement, plus more comprehensive deed restrictions covering water conservation and best practices in landscape design, irrigation planning and pest management. The overall goal: non-degradation of water quality within the Edwards Aquifer. Here are generalized highlights of these provisions in the contracts. (Go to the links at the bottom to download the complete 50- to 74-page contract documents.) Construction-related provisions - Developers must conduct pre-construction stormwater runoff monitoring to develop baseline water quality data. LCRA will review and approve these monitoring plans. LCRA’s environmental laboratory will conduct the tests, and LCRA will verify compliance with the standards.
- No work on any phase of a development — whether land clearing, land grading or construction — can begin until LCRA reviews and approves a construction-related water quality control plan.
- LCRA has the right at any time to access the property to observe construction activity and to sample and monitor water quality.
Fish and Wildlife Service provisions - Pursuant to Fish and Wildlife Service's measures, buffer zones, or undisturbed natural areas, must be established for streams and other sensitive areas. This means that streams need to have an undisturbed native vegetation buffer on each side, with larger streams needing larger buffer zones.
- Also according to the Fish and Wildlife Service measures, impervious cover will be limited through the plats or deed restrictions for the properties covered by the contracts. (What is impervious cover and how does it affect water quality? See this research document from the U.S. Environmental Protection Agency.)
Water conservation features - Landscape irrigation systems cannot be mandatory. This is to limit the growing practice of subdivisions requiring irrigation systems, which studies show use twice as much water as landscapes watered with manual hoses, according to water conservation experts.
- If installed, irrigation systems must come with a plan that includes zoned irrigation, moisture sensors to automatically shut off during rainy days and other water-saving features.
- Spray irrigation cannot exceed 2.5 times of the foundation footprint, or a maximum of 12,000 square feet. (The Rocky Creek subdivision has a limit of 2,000 square feet because its planned home sites are smaller, less than an acre.)
- All irrigated and newly planted turf areas must have a minimum of four to six inches of soil.
- Builders must provide homeowners a landscape option using only native and adapted trees, shrubs and flowers approved by LCRA and Travis County. For examples, see LCRA's new Hill Country Landscape Option brochure.
- Homeowners and property owners associations cannot restrict solid-waste composting, rain barrels and rainwater harvesting, and underground drip irrigation systems. These associations also cannot mandate a landscape have a minimum percentage of turf.
"The landowners are agreeing to implement landscape water conservation measures that are more comprehensive than any currently enforce in this," said Nora Mullarkey, senior water conservationist for LCRA. She noted that the provisions are similar to those found in an ordinance recently approved by the City of San Antonio that will go into effect next year. Among other things, the Alamo City now requires all new homes to have at least four inches of soil beneath grass, zoned irrigation and other low-water use features. (See San Antonio Water System Feb. 1 news release.) LCRA received help in shaping contracts
Members of community and environmental groups helped shape the LCRA contracts by participating in a series of discussions with staff last year. “Some of these new contract provisions were instigated by critiques by members of the public where they saw some deficiencies,” said Ken Manning, LCRA manager of environmental policy. The finalized measures represent the sort of public-private cooperation in which neither side gets everything they want, but the final product is improved, said Joel Robuck, who owns Dallas-based Berkshire Inc., a designer and builder of residential communities. Robuck’s company is negotiating with area landowner William L. Formby to build a residential neighborhood on 443 acres on the north side of Hamilton Pool Road. Because Robuck will be required to abide by the contract when he completes the purchase, he is well familiar with the provisions. He said he has worked closely with LCRA, other landowners and neighborhood groups. “I never signed a contract this thorough and detailed that is addressing many issues that are important in this development process,” Robuck said. Deeper soils
To understand the significance of some of the provisions, it is important to look more deeply. For example, water conservation experts say lack of soil depth often contributes to water quality problems. That’s because, particularly in the Hill Country, where thin soils and rocky terrain often generate high runoff, the soil isn’t deep enough to soak in the water. Deeper soils allow homeowners to water less frequently, potentially limiting lawn care products that often end up in area waterways. But getting deeper soils on new home lots can be problematic. For example, several years ago, the City of Austin launched a rebate program to encourage residential builders to add more soil on landscapes surrounding new homes, particularly those west of Interstate 35. However, no builder has taken advantage of the rebate offered on truckloads of soil added to a home landscape, said Karen Stewart, water conservation specialist with the City of Austin. “It’s always a best management practice,” Stewart said of such water conservation measures. “But trying to get people to do it is another matter.” The new agreements between LCRA and the landowners are designed to address such issues at a crucial juncture — before a home is built and the landscape is finalized, Mullarkey said. Streamlined regulatory process
Moreover, according to LCRA staff who oversee LCRA's water quality program, having the construction and water quality measures in the contracts makes them stronger and simpler to manage. "It will give us more leverage to have the measures directly in the contract," said Tom Hegemier, manager of LCRA’s Nonpoint-Source Pollution Control Program. “We’re doing the review, and eventually the inspection and enforcement,” Hegemier said. The area along Hamilton Pool Road is outside the Lake Travis watershed and, thus, outside of an area where LCRA's current nonpoint-source pollution ordinance applies. But backed by the contracts, LCRA will be enforcing the water quality standards, Hegemier said. Hegemier said the provisions also will protect builders. The contract specifies on-site stormwater monitoring to establish baseline data. This data will be used during the construction process to document the performance of the erosion controls. By eliminating the subjective review of storm flow in creeks, the builders can proceed with confidence as long as pollutant levels do not exceed the baseline stormwater conditions. Each contract provides remedies for both parties, as well as a process for mediation of certain disputes. Related info:
LCRA’s nonpoint-source pollution ordinance
Fact sheet on 290 water line The contracts: These documents are in Adobe PDF format. Help opening PDF documents. |
