Sep 16, 2026 Environmental Commission

IT IS WEDNESDAY, SEPTEMBER 16TH, 2026.

GOOD EVENING EVERYONE.

THE TIME IS 6:04 PM AND I'M GOING TO CALL TO ORDER THIS REGULAR MEETING OF THE ENVIRONMENTAL COMMISSION.

WE ARE IN THE PERMITTING AND DEVELOPMENT CENTER ROOM 1405 AT 6 3 1 0 WILLAMINA DELCO DRIVE, AUSTIN, TEXAS.

AND WE'LL START BY ESTABLISHING QUORUM COMMISSIONER FIERRO CHAIR, COMMISSIONER FLURRY, VICE CHAIR, BRISTOL HERE.

COMMISSIONER SULLIVAN HERE.

COMMISSIONER BRIMER HERE.

AND I'M CHAIR KRUEGER.

AND WITH THAT WE HAVE QUORUM.

LET'S GO AHEAD AND MOVE ON

[PUBLIC COMMUNICATION: GENERAL ]

TO GENERAL PUBLIC COMMUNICATION CHAIR.

WE HAVE ONE SPEAKER SIGNED UP FOR PUBLIC COMMUNICATION.

CHRIS FLORES AND SPEAKERS WILL HAVE THREE MINUTES.

UH, GOOD EVENING ENVIRONMENTAL COMMISSIONERS.

MY NAME IS CHRIS FLORES.

I'M A RESIDENT OF DISTRICT 10.

I'M ASKING YOU TONIGHT TO PASS ON A CITIZEN SUGGESTION TO YOUR COUNCIL POINTERS.

PLEASE ASK THEM TO CONSIDER PROPOSING AND VOTING ON AN ETHICS COMMISSION AUDIT OF THE CITY MANAGER TEAM, WHICH NEGOTIATED THE DOGS HEAD DEVELOPMENT AGREEMENT THAT NUMBER ONE, USED NON-DISCLOSURE AGREEMENTS TO SILENCE CITY STAFF WHO ARE SUBJECT MATTER EXPERTS.

TWO WAIVED ENVIRONMENTAL MUNICIPAL CODES, AND THREE, RUSHED COUNCIL CONSIDERATION IN VOTES TO OCCUR OUTSIDE OF PUBLIC VIEW, I CAN'T HELP BUT WONDER HOW THE CITY MANAGER HAS THE AUTHORITY TO WAIVE CITY CODES THAT PROTECT AUSTIN'S ENVIRONMENT.

I HAD ASSUMED PRIOR TO DOG'S HEAD THAT NO ONE COULD DO THIS.

THANK YOU VERY MUCH.

ON TO APPROVAL OF THE MINUTES.

THANK YOU FOR THAT PUBLIC COMMUNICATION.

NEXT WE'LL MOVE

[APPROVAL OF MINUTES ]

IS THERE A MOTION TO APPROVE THE MEETING MINUTES FROM AUGUST 19TH, 2026? SO MOVED.

MOVED BY COMMISSIONER SULLIVAN.

IS THERE A SECOND? THANK YOU.

SECONDED BY COMMISSIONER FLURRY.

ALL THOSE IN FAVOR, PLEASE INDICATE BY RAISING YOUR HANDS.

[2. Staff briefing regarding the City of Austin's Municipal Separate Storm Sewer System permit. Presentation by Jacob Johnson, Environmental Program Coordinator, Austin Watershed Protection. Sponsored by Secretary Qureshi and Commissioner Sullivan.]

NEXT, LET'S GO ON TO STAFF BRIEFINGS.

ITEM NUMBER TWO, STAFF BRIEFING REGARDING THE CITY OF AUSTIN'S MUNICIPAL SEPARATE STORM SEWER SYSTEM PERMIT PRESENTATION BY JACOB JOHNSON, ENVIRONMENTAL PROGRAM COORDINATOR.

AUSTIN WATERSHED PROTECTION IN, IS YOUR MIC ON? THERE WE GO.

ALRIGHT, UH, THANK YOU ALL FOR GIVING ME THIS OPPORTUNITY TO DISCUSS THIS WITH YOU.

UH, I'M GONNA GO OVER OUR MS FOUR PERMIT, JUST KIND OF GENERAL AWARENESS OF WHAT IT IS, UH, BUT ALSO WE ARE IN THE TIME WHERE WE'RE ON THE TAIL END OF OUR RENEWAL PROCESS.

AND SO JUST GONNA GO OVER WHAT THAT MEANS FOR US AS CITY EMPLOYEES AND OUR REGULATIONS AND, AND, UM, RESPONSE TO THE, TO THE STATE THAT ISSUES THAT PERMIT.

SO, UM, FROM, FROM THE VERY TOP, UH, SO WE OPERATE A MUNICIPAL SEPARATE STORM SEWER SYSTEM.

SO WE HAVE A SANITARY SEWER SYSTEM THAT OPERATES COMPLETELY INDEPENDENTLY OF THE MUNICIPAL SEPARATE STORM SEWER SYSTEM.

SO, UH, IF STORM WATER GETS IN THE SEWAGE PIPES, THAT'S AN ISSUE.

AND LIKEWISE, IF WE HAVE, UM, SEWAGE GETTING IN OUR STORM WATER SYSTEM, THAT CAUSES A PROBLEM AS WELL.

SO WE HAVE THIS SYSTEM WHERE WE ARE ALLOWED TO COLLECT WATER, STORM WATER THAT'S BEEN RUNNING OVER OUR STREETS, OUR PARKS, NEIGHBORHOODS PICKING UP POLLUTANTS AS IT GOES, ENTERS INTO OUR STORM INLETS.

UH, WE CONVEY THAT WATER THROUGH CLOSED SYSTEMS, OPEN WATERWAYS, MAYBE THROUGH A STORM WATER CONTROL MEASURE.

AND THEN WE DISCHARGE THAT WATER TO WATER TO THE STATE.

SO IN ORDER TO DISCHARGE THAT STORM WATER, WE NEED A PERMIT THROUGH THE STATE OF TEXAS FOR THAT DISCHARGE.

UM, IT FALLS UNDER THE FAMILY OF THE TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS.

YOU MIGHT BE FAMILIAR WITH THESE FOR THINGS LIKE THE CONSTRUCTION GENERAL PERMIT OR, UM, DISCHARGES FOR, UH, WASTEWATER TREATMENT PLANTS THAT HAVE WATER QUALITY PERMITS.

INDUSTRIAL SITES HAVE, HAVE THESE TIP, THESE PERMITS.

[00:05:01]

AND SO THIS IS COMING OUTTA THAT FAMILY.

UM, THE, THIS PERMIT, THIS MS FOUR PERMIT COMES OUTTA THE CLEAN WATER ACT.

SO OBVIOUSLY THAT BIG LEGISLATION, THE BIG AMENDMENT WAS IN THE 1970S.

THAT'S, YOU KNOW, A LOT OF POSITIVE, UH, WATER QUALITY BENEFITS CAME OUTTA THAT.

AND THEN IN EARLY NINETIES, THIS PHASE ONE STORM WATER PERMIT RULE, UH, GREW OUT OF THAT.

AND, UH, WE APPLIED FOR OUR FIRST PERMIT THROUGH THE EPA.

THEY WERE OUR REGULATOR AT THE TIME.

UM, WE ARE CONSIDERED A PHASE ONE MUNICIPALITY DUE TO OUR SIZE, AND IT JUST MEANS THAT WE HAVE AN, UH, INDIVIDUALIZED PERMIT.

SO WE DON'T OPERATE UNDER A GENERAL PERMIT LIKE SOME OF THE SMALLER COMMUNITIES DO.

WE HAVE A, UM, INDIVIDUALIZED PERMIT.

OVER TIME, THE EPA FEDERAL GOVERNMENT, UH, STARTED DELEGATING THEIR REGULATORY AUTHORITY TO STATES.

UH, NOT ALL STATES HAVE IT RIGHT NOW, BUT, UM, STATE OF TEXAS DID GET THAT AUTHORITY.

AND, UH, SO NOW WE REPORT TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY.

SO THE WAY IT WORKS IS THE STATE ISSUES US A PERMIT.

SO THEY GIVE US A DOCUMENT, UM, THAT TELLS US WHAT WE NEED TO DO AS A CITY.

AND IN SOME PLACES IT'S VERY PRESCRIPTIVE OF THIS NEEDS TO BE DONE AT THIS TIME.

BUT THE VAST MAJORITY OF IT IS PRETTY, PRETTY OPEN.

UM, IT'S, IT'S ITEMS THAT WE NEED TO FOCUS ON, ACTIONS THAT WE NEED TO LOOK AT.

AND IT'S BROKEN UP INTO THESE EIGHT.

THEY'RE CALLED MINIMUM CONTROL MEASURES.

THESE ARE JUST KIND OF FOCUS AREAS THAT WE HAVE TO REALLY HIT, UH, IN THAT PERMIT.

AND IT'S IMPORTANT TO NOTE THAT THE, WE USED TO HAVE THESE ACTIONS FOR IMPAIRED WATERWAYS.

AND THIS IS THROUGH THE TOTAL MAXIMUM DAILY LOAD PROGRAM.

THIS IS A PROGRAM THROUGH TCEQ TO HELP IMPROVE IMPAIRED WATERWAYS TO GET THEM OFF THE IMPAIRED WATERWAY LIST.

BUT PRIOR TO THIS CURRENT PERMIT CYCLE THAT WE'RE IN, THOSE ACTIONS IN THOSE TMDL SEGMENTS, THOSE TOTAL MAXIMUM DAILY LOAD SEGMENTS WERE VOLUNTARY THROUGH SOMETHING CALLED THE IMPLEMENTATION PLAN OR AN I PLAN.

UM, THOSE HAVE SINCE MOVED INTO OUR PERMIT.

SO THOSE ARE NOW REGULATORY REGULATED ACTIONS THAT WE HAVE TO TAKE TO HELP IMPROVE THOSE IMPAIRED WATERWAYS.

SO WE HAVE THESE EIGHT MINIMUM CONTROL MEASURES, BUT WE ALSO HAVE THESE T MDLS IN THERE AS WELL.

IT'S A FIVE YEAR PERMIT CYCLE.

EVERY YEAR WE HAVE TO REPORT WHAT WE'VE DONE, HOW WE'VE MET THE PERMIT'S INTENT, AND, UH, SEND THAT TO FOR REVIEW TO TCEQ.

AND THEN PERIODICALLY WE GET AUDITED BY THE TCEQ.

UM, THEY ARE, AGAIN, THERE ARE REGULATORS.

UH, EPA IS STILL IN OUR KIND OF HIERARCHICAL CHAIN OF, OF REGULATORS.

SO THEY CAN STILL PERFORM AUDITS.

THEY STILL APPROVE OUR PERMIT BEFORE IT COMES, UH, ISSUED BY THE STATE.

SO THEY'RE STILL IN THE GAME.

BUT TCQ IS OUR, UM, DIRECT CONTACT.

SO THE STATE HANDS US HIS PERMIT AND SAYS, THIS IS WHAT YOU NEED TO DO.

AND THEN THE CITY AS A WHOLE.

AND IT, IT, IT'S IMPORTANT TO EMPHASIZE THAT THIS IS A CITY PERMIT.

SO I'M WITH THE WATERSHED PROTECTION DEPARTMENT.

SO MY JOB IS COORDINATING THIS PERMIT FOR THE CITY, BUT THE PERMIT ITSELF IS A CITYWIDE PERMIT.

SO STATE TELLS US WHAT TO DO, AND THEN THE CITY AS A WHOLE COMES TOGETHER AND SUBMIT SOMETHING CALLED A STORM WATER MANAGEMENT PROGRAM.

THIS PROGRAM IS A COLLECTION OF BEST MANAGEMENT PRACTICES.

UM, IT HAS, AND THIS IS NEW TO THIS PERMIT TERM, IT HAS QUANTIFIED TARGETS OF ACT ACTIVITIES THAT WE NEED TO HIT.

SO A HUNDRED PERCENT OF THIS OR, UM, THIS MANY ACTIVITIES WITHIN THIS TIMEFRAME.

AND, UH, SO THAT COLLECTION OF, OF BEST MANAGEMENT PRACTICES MIXED WITH THESE QUANTIFIED TARGETS COME TOGETHER TO CREATE THIS STORMWATER MANAGEMENT PROGRAM.

CURRENTLY HAVE ABOUT A LITTLE OVER A HUNDRED UNIQUE TARGETS IN, IN THIS DOCUMENT.

UM, AND, UH, SO WE SEND IT TO TCQ FOR THEIR APPROVAL, AND THEN ONCE THEY APPROVE IT, THAT'S WHAT WE HAVE TO ENACT TO MEET THE INTENT OF THE PERMIT THAT IT THEY ISSUED US.

SO THIS IS JUST A VERY BROAD VIEW OF SECTIONS THAT ARE INVOLVED IN THE PERMIT, AND THEN KIND OF THE, THE CORE DEPARTMENTS THAT ARE, UM, OWN A SECTION OF THAT PORTION OF THE PERMIT.

SO THERE ARE OTHER DEPARTMENTS THAT ARE INVOLVED AS WELL, UM, KINDA TANGENTIALLY IN SOME OF OUR ACTIVITIES OR OUR RESPONSES.

UH, BUT THEY DON'T, WOULDN'T CONSIDER THEM KIND OF AN OWNER OR A CORE CONTRIBUTOR IN SOME OF THOSE SECTIONS.

SO AS YOU CAN SEE, AND I APOLOGIZE FOR ALL THE CITY ACRONYMS THAT ARE ON THERE, BUT YOU CAN SEE WATERSHED PROTECTION DEPARTMENT, YOU KNOW, THEY OBVIOUSLY PLAY A BIG ROLE IN HOW WE TRY TO IMPROVE OUR WATERWAYS, THE WATER QUALITY IN OUR WATERWAYS.

BUT IF YOU LOOK AT MS FOUR MAINTENANCE ACTIVITIES, SO THIS IS, YOU KNOW, WATERSHEDS BREAD AND BUTTER.

WE MAINTAIN CLOSED SYSTEMS, OPEN CHANNELS, STORMWATER PONDS, UM, BUT YOU ALSO SEE

[00:10:01]

AUSTIN RESOURCE RECOVERY IS LISTED FOR THAT.

AND THEN, UH, TRANSPORTATION AND PUBLIC WORKS.

AND THIS IS BECAUSE OUR STORE, OUR STREETS CHANNEL WATER ALONG OUR CURB LINE INTO INLETS.

AND SO AUSTIN RE, AUSTIN RESOURCE RECOVERY, TRANSPORTATION AND PUBLIC WORKS, THEY PLAY A ROLE IN REDUCING POLLUTION THAT'S RUNNING INTO THOSE INLETS.

SO AGAIN, I JUST WANNA EMPHASIZE THAT THIS IS A VERY COMPREHENSIVE DOCUMENT, NOT JUST WATERSHED ACTING ALONE.

WE HAVE A LOT OF REALLY STRONG PARTNERS, UM, DEVELOPMENT SERVICES, A BIG PARTNER, AUSTIN WATERS IN THERE.

UM, SO IT'S A, IT'S A GROUP EFFORT.

I ALSO WANNA POINT OUT THAT THIS, THESE ACTIVITIES THAT WE'RE DOING ARE BOTH STRUCTURAL AND NON-STRUCTURAL PROGRAMS. SO, YOU KNOW, WHEN WE THINK OF, OH, WE'RE GONNA IMPROVE WATER QUALITY, OBVIOUSLY THINGS LIKE STORM WATER CONTROL MEASURES, PONDS, RAIN GARDENS, BIOFILTRATION PONDS, UM, THOSE THINGS COME TO MIND, THOSE STRUCTURAL CONTROLS.

BUT A LOT OF THE ACTIVITIES THAT WE'RE PERFORMING TO MEET THE INTENT OF THE PERMIT ARE THESE NON-STRUCTURAL CONTROLS.

SO WHETHER IT BE PUBLIC EDUCATION OR AUSTIN RESOURCE RECOVERY IN THEIR STREET SWEEPING PROGRAM, THERE ARE OTHER ACTIVITIES THAT ARE TRYING TO MITIGATE POLLUTION THAT IS HAPPENING WITHIN OUR JURISDICTION, UH, BEFORE IT REACHES OUR CREEKS AND STREAMS. SO FOR THE CURRENT STATUS, UH, I MENTIONED THAT WE, UH, HAVE PERIODIC AUDITS FROM THE TCEQ.

UM, THESE ARE ROUGHLY, IF THEY'RE A CALLED AUDIT, THEY'RE ABOUT EVERY FIVE YEARS.

WE HAD ONE EARLIER THIS SUMMER, AND IT RESULTED IN A LETTER OF GENERAL COMPLIANCE.

SO THAT WAS POSITIVE FOR THE CITY AND THEIR RESPONSE.

UM, BUT WE CAN ALSO HAVE AUDITS THAT ARE, UH, CALLED FOR OTHER, OTHER REASONS.

SO, SO WE'RE ON KIND OF A FOUR OR FIVE, SIX YEAR CYCLE, BUT THEY CAN HAPPEN MORE FREQUENTLY DEPENDING ON KIND OF THE CLIMATE OF, OF WHAT'S GOING ON.

UM, AND AGAIN, I SAID THE EPA IS STILL PRESENT, SO THEY ALSO CAN PERFORM INVESTIGATIONS OF OUR MS FOUR, OUR ACTIVITIES AND OUR PERMIT.

UH, WE HAVE NOT HAD A, UM, I THINK THE LAST INVESTIGATION WAS ABOUT NINE YEARS AGO, SO WE DON'T REALLY KNOW, WE DON'T COMMUNICATE WITH THEM ANYMORE.

WE COMMUNICATE WITH TCQ AND SO WE'RE NOT REALLY SURE OF THEIR TIMELINE, BUT THEY STILL HAD THE ABILITY TO COME IN AND DO AN AUDIT OR INVESTIGATION OF OUR MS FOUR PRACTICES AROUND THE SAME TIME WE WERE ISSUED A DRAFT PERMIT.

SO, UH, WE APPLIED FOR RENEWAL.

I MENTIONED WE HAVE A FIVE YEAR PERMIT TERM.

WE APPLIED FOR RENEWAL, UM, IN 2023.

UH, THAT WAS WHEN OUR PERMIT WAS EXPIRING.

WE SUBMITTED OUR APPLICATION IN A TIMELY MANNER.

UM, BUT WE HAVE JUST BEEN GOING THROUGH THE PROCESS, COMMUNICATING WITH TCEQ, UH, JUST WAITING FOR THE, TO GET APPROVED, GET THIS DRAFT PERMIT GOING.

UH, AND THIS IS NOT ABNORMAL.

SO A LOT OF PHASE ONE MUNICIPALITIES ARE OPERATING ON THEIR SEVENTH, EIGHTH, NINTH, 10TH PLUS YEAR OF THIS FIVE YEAR PERMIT.

SO, UM, WHILE OUR PERMIT TECHNICALLY EXPIRED THREE YEARS AGO, WE STILL HAVE TO OPERATE UNDER, WE STILL HAVE TO MEET THOSE ACTIVITIES THAT WE SAID WE WERE GONNA DO.

UM, BUT WE DO NOW HAVE A DRAFT PERMIT ISSUED.

AND LAST WORD I GOT IS THAT IT HAS BEEN, UM, SENT TO THE EXECUTIVE DIRECTOR OF TCEQ FOR THEIR APPROVAL, SO, OR FOR THEIR SIGNATURE.

SO EPA HAS SIGNED OFF ON IT.

AND, UM, NOW WE'RE JUST HOPEFULLY WAITING FOR THAT SIGNATURE TO COME THROUGH.

UH, WE DID APPLY FOR A MAJOR, IT WAS CONSIDERED A MAJOR AMENDMENT BECAUSE WE CHANGED SOME OF OUR MONITORING STATIONS.

UH, BUT OUTSIDE OF THAT, THERE WASN'T A LOT OF CHANGES.

TCEQ MADE SOME EDITS, ADDITIONS, UH, BUT THEY WERE RELATIVELY MINOR.

AND, UM, CITY STAFF IS ALREADY IMPLEMENTING SOME OF THOSE ADDITIONS THAT THEY'VE ADDED ONTO THERE.

SO WE JUST NEED TO FIND A WAY OF PUTTING THAT INTO OUR STORM WATER MANAGEMENT PROGRAM AND SHOWING THE WORK THAT WE DO AS A CITY.

SO WE HAVE THAT DRAFT PERMIT, HOPEFULLY WE'LL GET IT ISSUED SOON, AND THEN WE'LL HAVE TO SUBMIT A NEW OR UPDATED STORM WATER MANAGEMENT PROGRAM.

AND THIS IS KIND OF THE, UH, TRICKY PART IS THAT, UM, THE STORMWATER MANAGEMENT PROGRAM, ONCE WE SUBMIT IT AND IT GETS APPROVED BY, UH, THE STATE, IT BECOMES A REGULATORY DOCUMENT FOR US.

AND SO, BECAUSE THESE RULES, THIS MS FOUR RULE CAME OUT OF THE CLEAN WATER ACT, THERE'S AN ANTI BACKSLIDING PROVISION IN THE CLEAN WATER ACT.

SO ANY WATER QUALITY PERMIT THAT IS ISSUED CANNOT BE LESS STRINGENT THAN A PREVIOUSLY ISSUED PERMIT.

AND SO THIS APPLIES TO OUR STORM WATER MANAGEMENT PROGRAM AS WELL.

SO IF WE'VE SAID WE ARE GONNA DO WHATEVER ACTIVITY, WE CAN'T JUST TAKE IT OUT, WE EITHER HAVE TO HAVE A LOT OF GOOD DATA OF WHY WE'RE DOING THAT, OR WHAT'S MORE COMMON IS TO OFFER A, UM, ALTERNATIVE, SOMETHING OF EQUAL OR BETTER VALUE IN TERMS OF WATER QUALITY.

BUT BECAUSE THIS IS A REGULATORY DOCUMENT, WE, IT'S NOT THE PLACE FOR A PILOT PROGRAM.

IT'S NOT THE PLACE TO REALLY SHOOT FOR THE STARS.

SO WE WANT IT TO HAVE A POSITIVE IMPACT

[00:15:01]

ON WATER QUALITY.

WE WANT IT AS A FORM OF LEVERAGE FOR THE WORK WE DO AS A CITY TO INCREASE OR IMPROVE OUR WATER QUALITY.

BUT WE DON'T WANNA SHOOT OURSELVES IN THE FOOT.

SO WE NEED, WE COME UP WITH, WITH ACTIVITIES THAT WE ARE PRETTY CONFIDENT THAT WE CAN HIT, WE CAN HIT THOSE MEASURES ON AN ANNUAL BASIS, REPORT BACK TO TCEQ, UM, AND THAT THEY'RE GONNA HELP OUR WATERSHEDS, UM, IF WE WANNA IMPROVE ON THOSE ACTIVITIES, WE DO IT OUTSIDE OF THE STORMWATER MANAGEMENT PROGRAM.

WE DON'T WANNA, UM, AGAIN, SHOOT OURSELVES IN THE FOOT AND, AND SET THE BAR TOO HIGH IN THIS REGULATORY DOCUMENT.

SO IT'S KIND OF, YOU KNOW, A BALANCING ACT OF WE WANT THIS TO MEAN SOMETHING, BUT ON THE OTHER HAND, WE DON'T WANNA GET IN TROUBLE FROM, FROM THE STATE.

UM, BUT WHEN WE SUBMIT THIS UPDATED STORMWATER MANAGEMENT PROGRAM THAT'S GO AROUND, IT DOES GIVE US, GIVE US THE OPPORTUNITY JUST FOR AN OVERALL UPDATE, MAKE SURE THAT OUR PRACTICES THAT WE'RE SAYING WE'RE DOING ARE IN LINE WITH WHAT WE'RE DOING.

UM, KIND OF RIGHTSIZE.

SOME OF THE TARGETS I MENTIONED WITH THESE QUANTIFIED TARGETS ARE RELATIVELY NEW TO THE PERMIT.

UM, SO WHEN THEY WERE FIRST PUTTING 'EM IN THERE, WE KIND OF MISSED THE MARK ON AND DO THEY REALLY MEAN ANYTHING? AND SO WE HAVE THAT ABILITY TO GO IN AND KIND OF UPDATE EVERYTHING, CLEAN IT UP A LITTLE BIT.

WE HAVE A LOT OF PUBLIC INPUT FROM THE REINER RIVER STRATEGIC PLAN THAT WAS RECENTLY ADOPTED BY COUNCIL OF WHAT IS OF INTEREST TO THE PUBLIC IN TERMS OF, UH, WATERSHED AND WATERSHED HEALTH.

AND SO TRYING TO INCORPORATE THAT INTO SOME OF THE STORM WATER MANAGEMENT PROGRAM.

BUT OVERALL, WE'RE NOT TRYING TO RECREATE THE WHEEL.

UM, WE ARE A MUNICIPALITY THAT'S BEEN IN OPERATION FOR A LONG TIME, SO WE'RE NOT, WE, WE HAVE SOME ESTABLISHED PRACTICES.

WE KNOW IT WORKS FOR VARIOUS DEPARTMENTS.

UM, BUT THIS IS AN OPPORTUNITY FOR US TO CLEAN UP OUR, OUR DOCUMENT AND OUR, WHAT WE'RE REPORTING TO THE STATE, MAKING SURE IT'S MEANINGFUL AND ATTAINABLE.

AND SO IT IS A CITY PERMIT.

UH, SO ALL THESE TARGETS THAT WE'RE COMING UP WITH, UM, OUR BEST MANAGEMENT PRACTICES, THEY NEED TO BE THINGS THAT THE CITY HAS CONTROL OVER.

UM, SO IT'S SOMETHING THAT WE KNOW WE CAN DO.

IT'S NOT DEPENDENT ON ANYTHING ELSE.

HOWEVER, A BIG PART OF WATER QUALITY IN GENERAL IN THE CITY OF AUSTIN AND THE INTENT OF THE PERMIT RELIES ON PUBLIC.

UM, SO VARIOUS WAYS.

SO WE HAVE REGULATIONS THAT, AND ENFORCEMENT THAT REALLY GUIDE IN A KIND OF STRONG HANDED WAY, PEOPLE'S BEHAVIOR.

WE WANT THEM TO NOT DISCHARGE POLLUTANTS TO THE STORM SYSTEM.

UM, WE CAN ENFORCE IF THEY DO.

UH, BUT ON THE OTHER HAND, WE HAVE EDUCATION PRACTICES.

SO WE HAVE, UM, WATERSHED, OBVIOUSLY WE HAVE A, WE HAVE A TREMENDOUS PUBLIC OUTREACH TEAM AND EDUCATION TEAM.

UM, BUT AUSTIN RESOURCE RECOVERY PLAYS A ROLE IN THAT PUBLIC EDUCATION, UH, AUSTIN WATER AND THEIR FATS, OILS AND GREASE PROGRAM FOR THE SANITARY SEWER SYSTEM, AND KEEPING A HEALTHY SANITARY SEWER SYSTEM TO AVOID OVERFLOWS.

SO STILL DEPENDENT ON THE PART PUBLIC PARTICIPATION, UM, THEIR BEHAVIORAL CHANGE TO HELP IMPROVE WATER QUALITY.

UM, IF, IF PEOPLE SEE SOMETHING, WE TRY TO, YOU KNOW, WE WANT THEM TO KNOW THAT THEY CAN REPORT IT, WE'LL INVESTIGATE, WE'LL DO OUR BEST TO FI FIGURE OUT WHAT'S GOING ON, TRY TO TRY TO RESOLVE IT.

UH, AND THEN LASTLY, ANOTHER BIG PART OF THE PERMIT IS GETTING FOLKS INVOLVED IN WATER QUALITY.

AND SO RIGHT NOW, PART PART OF THAT IS CARRIED OUT BECAUSE, UH, WE HAVE A CONTRACT THAT WE HAVE THAT CURRENTLY IS HELD BY KEY BOSTON.

BEAUTIFUL.

AND IT'S FOR BEAUTIFICATION PROJECTS.

IT'S FOR CLEANUP EVENTS, AND IT ALLOWS, THEY COORDINATE THESE EVENTS THAT THE FOLKS CAN SIGN UP FOR, PUBLIC CAN SIGN UP FOR, AND GET INVOLVED IN THEIR CREEKS, GET TO KNOW THEIR CREEKS BETTER.

UM, WE HAVE OTHER CITY OF AUSTIN PROGRAMS SUCH AS ADOPT OR MARKET, STORM DRAIN, UH, AUSTIN RESOURCE RECOVERY HAS THE ZERO WASTE BLOCK LEADERS AND THE MORE INVOLVEMENT WE GET, YEAH, WE GET SOME TANGIBLE BENEFIT RIGHT THERE.

UM, BUT THEN WE GET MORE BENEFIT DOWN THE ROAD.

SO, UH, IN A RECENT SURVEY OF ADOPT A STORM DRAIN VOLUNTEERS SURVEY OF LIKE, YOU KNOW, HOW DID YOU LIKE IT? YOU KNOW, WHAT DID YOU LEARN? WHAT ARE THE QUESTIONS? WAS, UH, NOW THAT YOU HAVE DONE THIS, ARE YOU MORE LIKELY TO UNDERSTAND ISSUES WITH STORM SEWER SYSTEM AND POLLUTION AND REPORT THOSE? AND IT WAS AN A HUNDRED PERCENT RESPONSE OF, YES, WE WILL, WE UNDERSTAND BETTER THAT WHAT'S GOING IN HERE, AND THIS INLET IS ENDING UP OVER THERE IN THE CREEK BEHIND MY HOUSE.

AND SO IT'S THAT INVOLVEMENT, EVEN THOUGH THESE ARE CITY ACTIVITIES THAT WE HAVE TO DO REALLY DEPENDENT ON, UH, PUBLIC INVOLVEMENT AS WELL TO HELP IMPROVE OUR WATERWAYS.

AND WITH THAT, THAT WAS MY UPDATE FOR YOU GUYS.

IS THERE ANY QUESTIONS, CONCERNS, COMMENTS? GREAT.

THANK YOU SO MUCH.

YEAH, WE'LL, WE'LL GO AROUND, UM, FOR COMMISSIONER

[00:20:01]

QUESTIONS AND WE'LL START WITH COMMISSIONER BRIMER.

YEAH, THANK, YEAH.

THANK YOU VERY MUCH FOR YOUR TIME, UH, AND THE PRESENTATION'S.

VERY GOOD.

UH, WHAT, I GUESS THE PRIMARY QUESTION I HAVE IS I GO OUT TO MY STREET, WE LIVE ON A HILL, AND WHEN IT RAINS, THERE'S A LOT OF STORM WATER GOING DOWN THE, YOU KNOW, THE GUTTERS AND SO FORTH.

HOW DO YOU REMOVE ALL THE POLLUTANTS FROM ALL THAT BEFORE IT ENTERS THE, THE STREAMS AND THINGS LIKE THAT? I MEAN, WHAT'S THE YEAH, SO, YOU KNOW, I, YOU KNOW, I DON'T WANT ANYBODY TO GO OUT DRINKING THE STORM WATER RIGHT NOW.

YOU KNOW, WE KNOW .

NO, I, I'M MAKING A POINT.

I'M NOT DOING THAT.

SO, UM, YOU KNOW, THERE'S, UH, BEFORE THE FACT ACTIONS BEFORE RAIN EVENT, SO A LOT OF AUSTIN RESOURCE RECOVERY AND THEIR WORK OF, UM, PROVIDING PLACES FOR PEOPLE TO DUMP THEIR MODAL OIL, UH, THEY'RE DOING HOUSEHOLD PICKUPS NOW, UM, FOR, FOR HOUSEHOLD HAZARDOUS WASTE OR THEIR BULK COLLECT COLLECTION SO THAT PEOPLE AREN'T DUMPING IN CUL-DE-SACS OR SOMETHING LIKE THAT.

SO MAKING THOSE PROCESSES EASIER TO GET PEOPLE TO, YOU KNOW, PUT THEIR POLLUTION WHERE THEY NEED TO PUT IT.

UM, I, I MENTIONED THERE, UH, STREET SWEEPING.

SO THAT'S A PROACTIVE BEFORE IT RAINS EVENT, UM, DEPENDING ON WHEN A DEVELOPMENT TOOK PLACE.

AND, UH, DEPENDING ON WHERE YOU MIGHT BE LOCATED, OFTENTIMES THERE IS A CONTROL MEASURE DOWNSTREAM OF THAT STORM WATER.

SO THE STORM WATER IS ENTERING THAT STORM DRAIN AND THEN GOING TO A STORM WATER CONTROL MEASURE, A SAND FILTER OR A BIO RETENTION POND, UM, THAT HELPS FILTER OUT THAT WATER BEFORE IT PASSES ON TO OUR CREEKS AND STREAMS. BUT THAT'S NOT EVERYWHERE.

SO THERE ARE MANY AREAS OF TOWN THAT ARE HIGHLY DEVELOPED THAT WERE DEVELOPED BEFORE.

A LOT OF REGULATIONS WERE PUT IN PLACE WHERE THOSE ACTIONS UPSTREAM BECOME THAT MUCH MORE IMPORTANT, BOTH BY THE CITY AND BY THE, THE NEIGHBORHOOD THAT'S LIVING THERE ABOUT BULK TRASH.

I MEAN, I, YOU KNOW, OCCASIONALLY WHEN THE, YOU KNOW, RESOURCE RECOVERY COMES BY AND THEY EMPTY THE, THE TRASH CANS, THERE'S OCCASIONALLY DEBRIS GETS DISPERSED AND YOU SEE ALUMINUM CANS AND PLASTIC BAGS AND STUFF, UH, YOU KNOW, IT GOES INTO THESE, UH, COLLECTION PITS THAT YOU REFERRED TO IN SOME NEIGHBORHOODS THAT HAVE BEEN BUILT IN SOME OF THE NEWER DEVELOPMENTS.

ARE THESE CAPTURED AND RE REMOVED FROM THE SYSTEM SO THEY DON'T GET CLOGGED UP? OR HOW DOES, HOW DOES, YEAH.

SO, UH, ALL THAT WORK O OWNERSHIP, AND I DON'T WANNA GET TOO FAR OUT OF, OUTSIDE OF MY, UH, NO, I UNDERSTAND TERRITORY, BUT DO THE BEST YOU CAN.

SO THERE'S, THERE'S OF THESE STORM WATER CONTROL MEASURES, AND WE'RE TALKING ABOUT THESE DOWNSTREAM KIND OF, UH, THINGS AIMED TO REMOVE POLLUTANTS, UH, THEY CAN BE EITHER OPERATED BY A PRIVATE ENTITY OR BY THE CITY OF AUSTIN.

AND SO IF IT'S A PRIVATE ENTITY, THEY'RE RESPONSIBLE FOR THE MAINTENANCE, THE REMOVAL OF TRASH, UH, EVERY NOW AND THEN, IF IT'S A SAND FILTER, THAT THAT SAND WILL HAVE TO BE REPLENISHED.

UM, AND THE CITY OF AUSTIN WATERSHED PROTECTION HAS A SERIES OF INVEST, UH, SORRY INSPECTORS THAT WILL VISIT THESE PRIVATE STORM WATER CONTROL MEASURES TO MAKE SURE THAT THEY'RE BEING MAINTAINED THE WAY THEY SHOULD ON THE CITY SIDE, THE CITY MAINTAINED.

UM, THEY DO THOSE INSPECTIONS AS WELL, AND THEN THEY CREATE A WORK ORDER FOR CITY STAFF TO GO OUT AND MAINTAIN THOSE, UM, PONDS.

I WANNA NOTE FOR THE RECORD THAT WE HAVE COMMISSIONER LUKI ON THE DAES IN PERSON, AND WE HAVE COMMISSIONER MORRISON ON THE DAIS VIRTUALLY.

AND NEXT WE'LL GO TO COMMISSIONER SULLIVAN.

YEAH, THANKS.

UM, ONE OF THE ISSUES THAT WE HAVE TAKEN UP HERE IS, UM, ARTIFICIAL TURF BEING REPLACING LAWNS AND THE CONCERN THAT THAT INCREASES IMPERVIOUS COVER AND THERE MAY BE SOME POLLUTION THAT LEAVES THE LAWN BECAUSE OF ARTIFICIAL TURF.

HAVE YOU LOOKED INTO THAT? SO, UM, I DON'T WANNA SPEAK FOR THE SCIENTIST.

UH, EVERY NOW AND THEN I KINDA GET TO PLAY A SCIENTIST, BUT I WOULDN'T PICK MY WORD FOR IT.

UH, BUT THIS IS A QUESTION THAT COMES UP OF IF WE PUT A STORM WATER CONTROL MEASURE DOWN FROM A CERTAIN DEVELOPMENT, WHAT IS IT GOING TO CAPTURE? UM, AND SO FROM WHAT I UNDERSTAND, ARTIFICIAL TURF CAN SHED, YOU KNOW, THESE, THESE MICROPLASTIC MI MICROPARTICLES THAT WE'RE WORRIED ABOUT.

UM, AND THE WATER'S COMING AT AT A MUCH FASTER RATE.

SO WE HAVE THIS, YOU KNOW, SOMEWHAT IMPERVIOUS COVER THAT IS JUST BASICALLY PIECES OF PLASTIC, UM, GETTING HIT BY RAIN AND WASHING OFF.

SO, UM, THAT IS A, A, A CONCERN FOR US.

AN INVENTORY OF STORM DRAINS IN CITY OF AUSTIN COME UP.

UM, WELL, I DON'T HAVE ANY OTHER QUESTION THEN.

I'M INTERESTED IN YOUR ADOPT A STORM DRAIN PROGRAM.

HOW DOES THAT WORK? SO ON, IF YOU GOOGLE ADOPT A STORM DRAIN, AUSTIN, GO TO THE WEBSITE, UM, YOU CAN CLICK ON THE MAP, UH,

[00:25:01]

SO YOU CAN GO TO YOUR NEIGHBORHOOD, THE ONES CLOSEST TO YOU, AND YOU CAN CLAIM THEM.

AND THEN IT'S KIND OF UP TO YOU TO MAINTAIN THAT STORM DRAIN.

SO IF YOU LIVE IN A AREA OF TOWN THAT HAS THE COUS TREES ALL UP ALONG THE STREET, AND EVERY FALL THERE'S JUST MOUNDS OF, OF LEAVES THAT ARE, THAT ARE SITTING ON THE CURB JUST WAITING TO BE WASHED INTO THE STORM DRAIN, THAT'S AN ACTION YOU WOULD TAKE TO HELP KIND OF BAG THOSE UP AND TAKE 'EM DOWN.

AND, UM, BEFORE YOU START, YOU WOULD GET A, A SAFETY VEST AND GLOVES AND, UM, MEET WITH THE COORDINATOR THAT RUNS THAT PROGRAM.

YEAH, IT SOUNDS LIKE SOMETHING I'D WANT TO SHARE WITH MY NEIGHBORHOOD ASSOCIATION.

I IMAGINE THERE'S SOME PEOPLE LIVING NEAR THESE THINGS THAT, UH, DEAL WITH IT ALL THE TIME AND, UH, YEAH.

AND THERE'S SOME PEOPLE THAT ARE ALREADY DOING IT.

UM, THIS IS JUST KIND OF THE RECOGNITION THAT, YOU KNOW, TRY TO GET SOME MORE PEOPLE INVOLVED IN, IN THAT.

BUT YEAH, YOU CAN GO ON THE MAP, SEE EVERYTHING, AND JUST KIND OF CLAIM IT.

AND THEN, UH, ONCE YOU DO THAT, IT'LL GO TO THE PROGRAM COORDINATOR AND THEY WILL REACH OUT TO THE INDIVIDUAL.

AND, UH, HAVING DONE THAT MYSELF, BECAUSE I HAVE, UH, ONE OF THOSE HOMES THAT LEAVES JUST GATHER AND I FIGURED I WOULD GET CREDIT FOR WHAT I WAS DOING ANYWAY.

BUT, UM, THE COORDINATOR WILL ALSO EMAIL WHEN A STORM IS ABOUT TO COME.

SO REMIND FOLKS LIKE, HEY, CHECK YOUR, YOUR GUTTERS.

SO, UH, AND ALSO I MADE ANOTHER NOTE ABOUT A PRIVATE IN ENTITY BEING INVOLVED IN, IN, IN, UH, DOING A CLEANUP OR CAPTURING WHAT, WHAT, WHAT WOULD BE A PRIVATE ENTITY? OH, UH, FOR THE STORMWATER CONTROL MEASURES? YES.

OR COMMERCIAL DEVELOPMENT.

SO IF IT'S, UH, AN APARTMENT COMPLEX THAT DEVELOPED AND, AND WE'RE REQUIRED TO PUT IN AN SEM ON THEIR SITE, UM, THEY'RE RESPONSIBLE FOR THE MAINTENANCE AND OPERATION OF THAT STORMWATER CONTROL MEASURE.

AND SO THAT'S, AN INSPECTOR WOULD GO VERIFY ITS OPERATION, IS THERE ANY MAINTENANCE THAT NEEDS TO TAKE PLACE AND CONVERSE WITH THE, UM, BUSINESS.

SO IT'S SPECIFICALLY, IT'S NOT LIKE A MULTIFAMILY UNIT YEAH.

ANYTHING THAT WAS, UH, REQUIRED TO HAVE ONE OF THESE AT THE TIME OF DEVELOPMENT.

VERY GOOD.

COMMISSIONER FLURY, UH, I DON'T HAVE ANY QUESTIONS, BUT THANK YOU FOR YOUR PRESENTATION.

THANK YOU COMMISSIONER FIERRO.

UH, JUST ONE QUESTION OUT OF CURIOSITY, LIKE FOR THE VOLUNTEER OPPORTUNITIES USUALLY, LIKE WHAT AGES OF, LIKE, WHICH FOLKS LIKE SHOW UP TO THESE JUST AS LIKE AN INSIDE OF THE INTEREST OUT THERE? YEAH, SO, UM, YOU KNOW, THERE, THERE ARE DIFFERENT PROGRAMS. UH, YOU KNOW, WE TALKED ABOUT ADOPT A STORM DRAIN, UH, THE STORM DRAIN MARKING.

UM, I CAN TELL YOU I'VE GIFTED SEVERAL STORM DRAINS TO MY DAUGHTERS THAT ARE 11 AND 13.

UM, THEY HAVE DONE STORM DRAIN MARKING BEFORE, SO A LOT OF THESE PROGRAMS ARE OPEN TO ALL AGES AND CREEK CLEANUPS AS WELL.

UM, I'VE SEEN, YOU KNOW, UH, MIDDLE SCHOOLS WILL OFTEN GO THROUGH THIS KB PROCESS TO ORGANIZE THEMSELVES FOR AN EVENT.

UM, BUT IT CAN GO DOWN TO ELEMENTARY SCHOOL.

UH, YOU JUST, YOU KNOW, THERE'S AN AWARENESS OF WHAT PART OF TOWN ARE YOU IN, WHAT POISON IVY AND CERTAIN POLLUTANTS YOU'RE GONNA FIND OR WHATEVER.

UM, SO THERE IS AN AWARENESS KIND OF THE YOUNGER, UH, THEY GET THAT YOU WANNA JUST PAY ATTENTION TO.

BUT YEAH, UH, WE'VE SEEN FOLKS OF, OF PRETTY MUCH ALL AGES, AS LONG AS THEY CAN PICK SOMETHING UP AND PUT IT IN A TRASH BAG OR, OR, UH, MAKE SEED BALLS OR, OR HELP WITH, UH, INVASIVE RE UH, REMOVALS, UM, THEY CAN PARTICIPATE.

OPERATING, WE'VE BEEN IN CONTACT WITH TCQ ABOUT THE RENEWAL, UH, HAD CONVERSATIONS, YOU KNOW, BACK AND FORTH ABOUT SOME OF THE CHANGES THAT WE WERE ASKING, AND CAN THEY DO 'EM AND CAN THEY NOT? UM, SO IT WASN'T COMPLETE SILENCE OF JUST KIND OF WAITING.

THAT'S MY ONLY QUESTION.

COMMISSIONER MORRISON, NO QUESTIONS FROM ME.

THANK YOU SO MUCH FOR THE PRESENTATION, VICE CHAIR, BRISTOL.

THANKS SO MUCH FOR THE PRESENTATION AS ALWAYS.

UH, I, I LEARNED SO MUCH, UM, ON, ON THESE STAFF BRIEFINGS.

UM, SO, UM, YOU MENTIONED, I WANNA GO BACK TO THE PERMIT, UM, PROCESS.

SO YOU MENTIONED THAT IT TAKES A REALLY LONG TIME TO GET THOSE, AND I MEAN, DOES THAT FEEL WORRISOME THAT YOU'RE, YOU KNOW, SORT OF IN THIS LIKE NO MAN'S LAND FOR THREE YEARS AS YOU'RE WAITING FOR THE NEXT ONE? OR HELP ME UNDERSTAND THAT A LITTLE BIT.

YEAH, SO, UH, THE WAY THAT WE'VE BEEN OPERATING IS, IS FROM THE TIME THAT OUR PERMIT TECHNICALLY EXPIRED, WE WERE, WE'RE STILL OPERATING UNDER IT.

SO WE HAVE A STORMWATER MANAGEMENT PROGRAM THAT WE HAVE, UH, SUBMITTED TO TCEQ DURING THE LAST PERMIT CYCLE.

UH, EVEN WHILE THE PERMIT HAS BEEN TECHNICALLY EXPIRED, WE HAVE UPDATED THAT PROGRAM.

SO EVERY TIME THERE'S A LITTLE CHANGE OF WE'RE NOT DOING THIS PRACTICE ANYMORE, WE'VE CHANGED IT A LITTLE BIT.

UM, IT'S STILL A LIVING DOCUMENT THAT WE NEED TO FOLLOW.

SO I WOULDN'T SAY IT'S WORRISOME.

UM, AND, AND, AND THERE ARE SOME, THERE ARE SOME OTHER COMMUNITIES THAT ARE, YOU KNOW, WELL BEYOND WHERE WE ARE RIGHT NOW.

UM, I DON'T NECESSARILY THINK THAT'S A GOOD THING, BUT, UH, IT, RIGHT NOW WE'RE

[00:30:01]

WE KNEW IT WAS HAPPENING, IT JUST WASN'T QUITE AS FAST AS WE WOULD HOPE.

AND IS THAT BECAUSE THEY'RE UNDERSTAFFED THAT THEY'RE NOT ABLE TO GET BACK WITH YOU AS QUICKLY AS Y'ALL WOULD LIKE? OR, OR WHAT, WHAT'S HAPPENING ON THEIR END OR ON THE FEDERAL END? YEAH, SO I CAN'T, I CAN'T, I CAN'T SPEAK TO THAT.

UM, BUT, YOU KNOW, THERE ARE CHANGES OR, OR CERTAIN REQUESTS THAT WE MIGHT HAVE HAD WHERE, UH, THEY WOULD WANT TO CHECK IN WITH THE EPA BEFORE THEY AGREED TO IT.

AND SO I DON'T KNOW WHAT THAT PROCESS LOOKS LIKE.

I DON'T KNOW WHAT THE TURNAROUND TIME IS OF THAT IS.

SO YEAH, I CAN'T REALLY COMMENT ON, ON THEIR INTERNAL PRACTICES OR, OR WHAT THE, WHAT, YOU KNOW, WHAT TAKES THE MOST TIME OR WHAT'S THE MOST EFFICIENT WAY.

AND, UM, AND YOU KNOW, MY BEST TO YOUR DAUGHTERS, UH, FOR GOING OUT ON CLEANUP CAMPAIGNS, .

THANK YOU FOR BEING HERE.

I JUST HAVE A FEW QUESTIONS.

UM, FIRST I NOTICED IN YOUR PRESENTATION YOU MENTIONED THAT BMPS, WHICH I'M ASSUMING IS BEST MANAGEMENT PRACTICES, UM, ARE COORDINATED AND YOU TARGET THOSE WITH WORK GROUPS ACROSS THE CITY WHO COMPOSES THOSE WORK GROUPS? SO IN, WITHIN, UM, THAT SLIDE THAT HAD KIND OF, UH, DIFFERENT CORE DEPARTMENTS THAT ARE IN THERE, UH, EVEN WITHIN THOSE DEPARTMENTS, THERE'S DIFFERENT WORK GROUPS.

AND SO WHEN WE'RE LOOKING AT AUSTIN WATER, UH, ONE OF THE MAIN THINGS WE'RE LOOKING AT IS, UH, SEWAGE, SEWAGE OVERFLOWS, RIGHT? SO THEY HAVE, UH, IN THE ENGINEERING TEAM THAT DOES TV INSPECTION AND CLEANING, UH, BUT THEY ALSO HAVE OTHER TEAMS THAT DO SMOKE TESTING, MANHOLE INSPECTIONS, UM, THE SSO RESPONSE AND THEIR RECOVERY EFFORTS, WHICH ARE TREMENDOUS.

UM, ALL THOSE ARE KIND OF DIFFERENT WORK GROUPS WITHIN AUSTIN WATER.

AND SO TRYING TO CONVERSE WITH ALL THOSE FOLKS.

UH, THEN ALSO AS AN EXAMPLE, KEEPING THE AUSTIN WATER EXAMPLE GOING.

UM, THEY HAVE AN EDUCATION SIDE, A DIFFERENT WORK GROUP THAT'S ALSO CONTRIBUTING TO THE, UH, PERMIT.

SO I CAN'T SAY LIKE HOW MANY DIFFERENT, BUT MAYBE 30 DIFFERENT POINTS OF CONTACT OKAY.

THROUGHOUT THE CITY.

SO IT SOUNDS LIKE IT'S ALL CITY STAFF, IT'S NOT STAKEHOLDER WORK GROUPS.

CORRECT.

SO THESE ARE, IT'S, AGAIN, IT'S, IT'S REALLY THINGS THAT WE HAVE TO HAVE COMPLETE CONTROL OVER.

UM, WE DO USE PUBLIC INPUT FROM THINGS LIKE, UH, RAIN RIVER, LIKE I SAID, WE HAVE ALL THIS, UH, GREAT DATA SURVEY RESULTS THAT WE CAN USE TO KIND OF WHERE DO WE WANNA PUT SOME MORE EMPHASIS AS WE'RE DOING THIS UPDATE.

UM, BUT THESE ARE, THESE ARE CITY STAFF, UH, ACTIONS THAT WE HAVE CONTROL OVER.

UM, AND THEN IN CREATING THE STORMWATER MANAGEMENT PROGRAM, YOU SAID QUOTE, NO BACKSLIDING PER THE CLEAN WATER ACT.

WHAT DOES THAT MEAN EXACTLY WHAT METRICS ARE USED? SO IF WE SAID WE'RE GONNA DO A HUNDRED INSPECTIONS ANNUALLY, AS, AS AN EXAMPLE, UH, WE COULDN'T UPDATE OUR STORMWATER MANAGEMENT PROGRAM AND SAY, OH, NOW WE'RE GONNA DO 80%.

UM, TCQ WOULD SAY, WHY ARE YOU DOING 80% NOW WHEN YOU WERE DOING A HUNDRED PERCENT? AND SO OUR RESPONSE TO THAT, WELL, WHEN WE WOULD SUBMIT IT, WE'D HAVE TO HAVE EITHER DATA, HOW WE GOT THIS DATA OF NOW THAT WE'RE GOING FROM A HUNDRED TO 80%, IT'S NOT GONNA HAVE AN EFFECT ON WATER QUALITY.

AND THIS IS THE DATA SHOWING WHY.

UM, BUT OUR MORE COMMON PRACTICE TO SAY, OKAY, WE'RE GOING TO RELAX THIS EFFORT, OR WE'RE GONNA CHANGE THIS EFFORT BECAUSE WE'RE ADDING THIS ONTO THERE.

AND SO, UM, WE, IT, IT IS A LITTLE AMBIGUOUS BECAUSE IT'S UP TO IT'S, YOU KNOW, WE HAVE THIS, THIS REQUIREMENT TO REMOVE POLLUTANTS TO THE MAXIMUM EXTENT PRACTICABLE.

SO, UM, COMPARED TO A WATER QUALITY PERMIT FOR A WASTEWATER TREATMENT PLANT WHERE IT SAYS, HEY, YOU CAN'T GO ABOVE THIS PHOSPHORUS OR THIS CHLORINE OR THIS E COLI, UM, THIS IS VERY ACTIVITY BASED.

AND SO IT'S UP TO US TO SAY, THIS IS WHAT'S GONNA WORK FOR US, AND IF WE DO THIS, IT'S GONNA BE BETTER.

GOT IT.

SO IT SOUNDS LIKE A KEY METRIC IS THE PERCENTAGE OF IN INSPECTIONS THAT ARE COMPLETED.

TRY TO STAY AWAY FROM THOSE BECAUSE WE DON'T REALLY HAVE CONTROL OVER SOME OF THAT STUFF.

AND BASED ON THE NUMBER OF THAT WAS JUST, YEAH, THAT WAS JUST AN EXAMPLE.

SO WE HAVE OVER A HUNDRED OF THESE TARGETS.

AND SO, UM, SOME OF 'EM ARE HOW MANY SOCIAL MEDIA POSTS WE DO EVERY QUARTER ABOUT REPORTING POLLUTION TO THE POLLUTION HOTLINE OR 3 1 1.

UM, SO WE HAVE THESE VAST ARRAY OF, OF TARGETS.

SOME ARE PERCENTAGE BASED, SOME ARE TIME BASED, LIKE HOW QUICK CAN WE DO SOMETHING? UM, BUT WE TRY TO LIMIT, SOME OF THEM ARE RESULT BASED OF LIKE, WE AIM TO INTERACT WITH THIS MANY PEOPLE REGARDING THIS ONE TOPIC, BUT WE

[00:35:01]

UM, AND THEN YOU BROUGHT UP BEING CHARGED WITH, UH, YOU KNOW, PROTECTING THE WATER QUALITY AND REDUCING POLLUTANTS QUOTE TO THE MAXIMUM EXTENT POSSIBLE.

UM, AND THE STORM WATER MANAGEMENT PROGRAM CONTAINS EIGHT MANDATED ELEMENTS WITHIN THAT, AND ONE OF THEM IS CONSTRUCTION SITES, STORM WATER RUNOFF.

AND I'M WONDERING WHAT STEPS DO YOU TAKE IN THOSE CASES TO PROTECT WATER QUALITY AND REDUCE, REDUCE POLLUTANTS, QUOTE TO THE MAXIMUM EXTENT POSSIBLE? SO THAT, UH, MCM IS, IS, I THINK, THINK IT'S THE ONLY MCM WE HAVE THAT IS KIND OF IMPLEMENTED BY ONE DEPARTMENT.

SO DEVELOPMENT SERVICES AND THEIR EV TEAM, THEIR ENVIRONMENTAL INSPECTION TEAM, THOSE ARE THE FOLKS THAT REALLY TAKE THAT MINIMUM CONTROL MEASURE ON, UM, THEIR EXCELLENT PARTNER.

UH, THEIR TARGETS ARE, HAVE TO DO WITH THEIR ROUTINE INSPECTIONS, BUT ALSO THEIR RESPONSE TO COMPLAINTS.

UM, THOSE ARE THE, THE MAIN TARGETS THAT THEY HAVE WITHIN THE STORMWATER MANAGEMENT PROGRAM.

UM, BUT YEAH, IT'S, THAT'S ONE OF THE ONLY SECTIONS WHERE IT'S, UH, DEVELOPMENT SERVICES.

ONE DEPARTMENT KIND OF OWNS IT AND, AND RUNS IT.

GREAT.

LET'S GO AHEAD AND MOVE ON TO ITEM NUMBER THREE, STAFF BRIEFING TO PROVIDE AN UPDATE ON AUSTIN CITY COUNCIL ACTION TAKEN AT THE MAY 21ST, 2026 AND JULY 23RD, 2026 MEETINGS.

ANY OTHER COMMISSIONER QUESTIONS? OKAY.

AND I'M SORRY, I FORGOT TO ASK NICOLE AT THE BEGINNING IF THERE ARE ANY PUBLIC COMMENTERS ON THIS ITEM CHAIR.

THERE IS NO ONE SIGNED UP ON THIS ITEM.

PERFECT.

ALRIGHT.

THANK YOU SO MUCH FOR YOUR TIME.

APPRECIATE I APPRECIATE YOUR TIME.

THANK YOU GUYS.

ALRIGHT, NEXT,

[3. Staff briefing to provide an update on Austin City Council action taken at the May 21, 2026, and July 23, 2026, meetings and to discuss next steps regarding the area commonly known as Dog's Head, bounded by the Colorado River, US Highway 183, and State Highway 130. Presentation by Liz Johnston, Environmental Officer, Austin Watershed Protection. Sponsored by Commissioners Brimer and Sullivan. ]

AND TO DISCUSS NEXT STEPS REGARDING THE AREA, COMMONLY KNOWN AS DOGS HEAD FOUNDED BY THE COLORADO RIVER, US HIGHWAY 180 3 AND STATE HIGHWAY ONE 30.

PRESENTATION BY LIZ JOHNSTON, ENVIRONMENTAL OFFICER AUSTIN WATERSHED PROTECTION.

TURN IT BACK ON.

GOOD EVENING EVERYONE.

THANK YOU FOR HAVING ME.

LIZ JOHNSTON, ENVIRONMENTAL OFFICER, WATERSHED PROTECTION.

UH, THIS IS A PRESENTATION, UM, THAT WAS REQUESTED BY CHAIR KRUEGER, UM, TO GIVE AN UPDATE ON WHERE WE'RE AT WITH THE ENVIRONMENTAL COMMISSION, UH, SORRY, WITH THE, UH, DOG HEAD.

UM, SO I'M GOING TO GIVE A, LET ME SEE.

UM, BASICALLY I'M JUST GONNA TALK ABOUT THE SITE CONTEXT A LITTLE BIT, TALK ABOUT WHAT HAPPENED IN MAY AND JUNE.

GIVE A, A COMPARISON OF REGULATIONS BETWEEN, YOU KNOW, CURRENT CODE, WHAT THE DEVELOPMENT IS AGREEMENT, UM, SAYS NOW WHAT IT SAID, YOU KNOW, WHAT IT SAID BACK IN MAY, AND THEN, YOU KNOW, WHAT COULD HAVE HAPPENED WITH THE, JUST THE MINING PERMITS.

UM, A KIND OF A BRIEF UPDATE ON WHERE WE'RE AT WITH FLOODPLAIN, UM, SINCE I, YOU KNOW, THINK YOU'D HEARD EARLIER THAT THERE WERE GOING TO BE SOME CHANGES TO THE MAPS.

JUST WANTED TO TALK ABOUT THAT.

AND THEN SOME NE NEXT STEPS.

AND I'M, MY EYES ARE TERRIBLE, SO I'M GONNA LOOK AT MY, UH, LAPTOP 'CAUSE I CAN'T SEE ALL THAT FAR.

UM, ALL RIGHT, SO THIS AREA HAD BEEN WHAT WAS KNOWN AS THE TWO MILE ETJ.

SO IT WASN'T IN THE FULL PURPOSE, UM, UNTIL IT WAS ANNEXED IN MAY.

UM, YOU CAN SEE ON THE SIDE WITH THE, THE BLUE, UM, IT IS NOW IN MOSTLY IN DISTRICT THREE.

THERE'S STILL A COUPLE LITTLE OUT PARCELS WITHIN THE DOG'S HEAD THAT, UM, WERE NOT PART OF THE AGREEMENT.

AND SO THEY'RE STILL TWO MILE ETJ.

SO IT LOOKS LIKE THE DOG NOW HAS AN OPEN MOUTH AND A WHISKER.

UM, BUT YEAH, IT IS MOSTLY DISTRICT THREE.

IT'S A FAIRLY, OR SORRY, UM, YEAH, DISTRICT THREE, IT'S A FAIRLY LARGE PART OF DISTRICT THREE NOW.

UM, IT DOES HAVE THE, MOSTLY THE COLORADO RIVER ON THE NORTH AND THE EAST.

THERE'S A LITTLE BIT OF CARSON CREEK IN THE NECK, WHICH IS ALMOST ENTIRELY OUTSIDE OF THIS DEVELOPMENT AGREEMENT EXCEPT FOR ONE PLACE WHERE THEY CROSS TO GET IN.

UM, SO IT'S REALLY THE COLORADO RIVER WATERSHED.

IT IS AN AREA THAT HAS BEEN OVER TIME, YOU KNOW, HAS A LOT OF SANDY ALLUVIUM THAT HAS BEEN DEPOSITED BY THE, YOU KNOW, THE HISTORIC MEANDERING OF THE COLORADO RIVER.

AND SO HAS BEEN USED AS A SAND AND GRAVEL MINING, UM, OPERATION, UM, FOR MANY DECADES.

UH, SO THIS IS JUST THE SITE CONTEXT.

THIS IS, UH, WHERE IT'S AT, UH, SOUTHEAST AUSTIN, JUST EAST OF 180 3 SOUTH OF THE COLORADO RIVER.

UM, I WANTED TO SHOW A LITTLE BIT OF THE, THE HISTORIC CONTEXT THAT WE DO HAVE AERIAL INFORMATION GOING BACK, UM, TO THE 1940S.

UM, LET ME GET MY SCREEN UP TO DATE HERE.

UM, SO YOU CAN SEE, YOU KNOW, ON THE EAST SIDE, UM, WELL EVERYWHERE THE RANCHING HAD COME IN AND, UM, FARMING.

AND SO THERE'S, YOU KNOW, EVEN BY THE 1940S THERE HAD BEEN QUITE A BIT OF DISTURBANCE IN THIS AREA.

YOU DON'T SEE A LOT OF TREES

[00:40:01]

ALONG THE RIVER ESPECIALLY.

UM, AND WHAT I THINK IS NOTABLE HERE IS THAT EXCEPT FOR CARSON, KIND OF DOWN BY THE, THE, THE NECK, THERE REALLY AREN'T MANY OR ANY NATURAL OCCURRING WATERWAYS IN THIS WHOLE AREA.

UM, BACK IN 1940 BEFORE IT WAS MINED.

UM, AND THAT'S GONNA BE IMPORTANT WHEN WE TALK ABOUT WHAT THE CRITICAL WATER QUALITY ZONE PROTECTIONS ARE AND WHAT THE DA DID.

UM, YOU KNOW, THERE'S NO NATURAL WATERWAY IN THAT WHOLE AREA, WHICH TELLS ME BECAUSE IT'S SO BIG, YOU WOULD NORMALLY SEE CHANNELS FORMING.

UM, IT'S, YOU KNOW, LIKELY BECAUSE IT'S SO FLAT AND SO QUICK TO, UH, INFILTRATE BECAUSE OF THE SAND THAT, YOU KNOW, CHANNELS JUST NEVER FORMED.

HERE YOU CAN SEE KINDA WHERE, WHAT LOOKS LIKE NOW AN EAR OR WHACK.

THEN THERE WAS A, SOME AREAS THAT WERE LIKELY OLD OXBOWS FROM THE COLORADO RIVER.

SO THERE'S THAT KIND OF AREAS THAT KIND OF SEEM A LITTLE DARKER BY THE EAR AND MADE THE, THE MUZZLE.

UM, SO THOSE WERE PROBABLY LOWER AREAS IN THE, IN THE TOPOGRAPHY, UM, FROM, FROM, YOU KNOW, THE ANCIENT, UH, RIVERBED.

BUT THEN IT'S BEEN, YOU KNOW, MINED.

AND THEN SINCE, UH, YOU KNOW, A FEW, YOU KNOW, GOING BACK A FEW YEARS, THE MINING OPERATION IS WINDING DOWN AND SOME OF THE PITS HAVE BEEN, UM, FILLED OVER, NOT JUST WHEN THE DOG'S HEAD A OR BEFORE THE DOG, EVEN BEFORE THE DOGS HAD AGREEMENT CAME TO BE.

SOME OF THOSE, UH, PITS HAD BEEN FILLED.

LET'S SEE, AND THIS IS JUST THE CURRENT AERIAL AND YOU KNOW, YOU CAN SEE WHERE THOSE TAN THOSE AREAS ARE.

A LOT OF PLACES WHERE THERE HAD BEEN A MINING PIT AT ONE POINT FULL OF WATER AND HAS BEEN, THEY'VE BEEN, UH, REGRADED, WHICH THEY ARE ALLOWED TO DO UNDER MINING PERMITS.

SO BACK IN MAY 21ST, UM, THERE WERE A NUMBER OF COUNCIL ACTIONS, AND I'M JUST GONNA LIST WHAT THEY ARE.

AND I WASN'T INVOLVED IN ALL OF THESE, SO I'M REALLY FOCUSING ON WATERSHED ISSUES WITH THIS PRESENTATION.

SO THERE WAS A DEVELOPMENT AGREEMENT, WHICH IS A CONTRACT.

IT'S A 45 YEAR CONTRACT.

UM, THERE WAS AN INTER-LOCAL AGREEMENT WITH TRAVIS COUNTY, UM, SAYING, YOU KNOW, THEY'RE GRANTING AUTHORITY OVER THE DOG'S HEAD, UH, FROM, YOU KNOW, FROM THEM.

AND THEN THERE WAS AN ANNEXATION ORDINANCE THAT BROUGHT THEM INTO FULL PURPOSE JURISDICTION.

SO THAT'S PART OF THE BIG, THE DEAL OF THE, OF THE DOG'S HEAD WAS BRINGING IT INTO THE CITY.

UH, SO IN JULY THERE WERE A NUMBER OF ACTIONS, UM, THE TAX INCREMENT, REINVESTMENT ZONE, TURS, THERE WERE SOME I ITEMS ABOUT THAT, SOME VACATIONS OF RIGHT OF WAY AND ANNEXATIONS OF RIGHT OF WAY LAND.

UM, WON'T TALK ABOUT THOSE NECESSARILY.

THE, THOSE, YOU KNOW, BESIDES THE TOURS ARE KIND OF CLEANING UP SOME THINGS.

AND THEN THE DEVELOPMENT AGREEMENT ITSELF WAS AMENDED.

AND WE'LL TALK MORE ABOUT THAT SPECIFICALLY.

'CAUSE I THINK THERE'S A LOT OF, UM, INTEREST IN, IN, IN WHAT CHANGED FROM MAY TO JULY.

UM, WHICH IS A LITTLE BIT DIFFERENT FROM WHAT OUR CURRENT CODE WOULD BE.

AND I REALLY CAN'T SEE THIS, SO I'M GONNA LOOK AT THIS.

OKAY, SO THIS IS A SUMMARY OF KIND OF JUST A REGULATORY COMPARISON OF WHAT IS CURRENT CODE, WHAT WOULD'VE BEEN ALLOWED UNDER JUST A MINING PERMIT, WHAT THE MAY DEVELOPMENT AGREEMENT HAD, AND WHAT, IF ANYTHING, CHANGED IN THE JULY APPROVAL.

UM, SO GOING THROUGH JUST OUR CODE CUT AND FILL, YOU ALL HAVE SEEN A LOT OF VARIANCES FOR CUT AND FILL.

UM, WE DO REGULATE TO FOUR FEET.

UM, IN THIS PART OF TOWN, WE COULD GRANT AN ADMINISTRATIVE VARIANCE UP TO EIGHT FEET WITH SOME CONDITIONS.

I'M NOT GONNA GO INTO EVERY LITTLE THING, BUT ANYTHING ABOVE EIGHT IS A LAND USE COMMISSION VARIANCE.

UM, NOW FOR A MINING PIT.

SO THEY, A LOT OF THESE PERMITS WERE, UH, DONE BEFORE THEY WERE IN THE, YOU KNOW, OUR JURISDICTION.

SOME OF THEM DID HAVE SITE PLANS, BUT ESSENTIALLY, YOU KNOW, THE, THE PITS WERE ALLOWED TO BE RESTORED BACK TO WHERE THEY HAD BEEN BEFORE.

SO, YOU KNOW, THEY, THEY COULD, YOU KNOW, THEY, THEY WERE ALLOWED TO DIG A BIG HOLE AND THEY'RE ALLOWED TO FILL THAT BIG HOLE IN UNDER THOSE PERMITS.

UM, SO THAT'S PART OF THE, THE DISCUSSION ABOUT CUT AND FILL.

UM, YOU KNOW, THEY WERE ALLOWED TO AT LEAST BRING IT UP TO A PRE, YOU KNOW, PREMIN GRADES.

UM, UNDER THE MAY DEVELOPMENT AGREEMENT, THEY BASICALLY SAID CUT AND FIELD DOES NOT APPLY TO THIS AREA UNLESS, UM, EXCEPT IN THE CRITICAL WATER QUALITY ZONE.

BUT IF THERE'S AN ERODING BANK AND THEY NEED TO, YOU KNOW, LAY THE BANK BACK, THEY MAY BE ABLE TO GO MORE THAN FOUR FEET, UM, FOR THE BANK STABILIZATION.

UM, AND THERE'S NO CHANGE TO THAT WITH THE JULY DEVELOPMENT AGREEMENT.

UH, CRITICAL ENVIRONMENTAL FEATURES DO APPLY ALONG THE COLORADO RIVER.

WE KNOW THERE'S SPRINGS AND WETLANDS ALONG THE RIVER.

UH, THEY DO NOT APPLY TO MINING PITS,

[00:45:01]

SO, SO, AND IT'S A LITTLE BIT COMPLICATED ON LIKE, WHAT WAS THE REGULATIONS AT THE TIME AND DO THEY NEED TO ACTUALLY, UM, IF THEY NEEDED TO CHANGE ANYTHING WITH WHAT WAS ORIGINALLY APPROVED.

SO, YOU KNOW, IF THEY JUST HAD AN OPEN MINING PIT, THEY COULD GO AND FILL IT.

WE WOULDN'T HAVE NECESSARILY KNOWN IF THERE WAS A WETLAND, IF THEY NEEDED TO CHANGE ANYTHING THAT NEEDED A SITE PLAN FROM US, WE WOULD'VE LOOKED AT IT AND SAID, WELL, THERE MAY BE A WETLAND HERE.

YOU'LL NEED TO MITIGATE ANY IMPACTS TO THAT.

UM, SO WITH THE DEVELOPMENT AGREEMENT, THOSE PROTECTIONS WERE REMOVED FROM ANYTHING RELATED TO MINING ACTIVITIES.

AND, UM, JUST TO GO BACK A LITTLE BIT, CRITICAL ENVIRONMENTAL FEATURES, THERE'S A NUMBER OF THEM.

THESE ARE DISCREET THINGS, UM, IN THE ENVIRONMENT THAT WE WANT TO PROTECT.

IN THIS AREA, WE'RE REALLY TALKING ABOUT SPRINGS AND WETLANDS.

THERE AREN'T GONNA BE ANY CAVES, WHICH IS ANOTHER CEF.

UM, THERE AREN'T GONNA BE RIM ROCKS HERE, SO WE'RE REALLY TALKING ABOUT WETLANDS AND SPRINGS AND SEEPS.

UM, SO THOSE ARE, THOSE ARE THE APPLICABLE CEFS IN THIS, THIS AREA.

UM, NO CHANGE, UH, FROM THE MAY DEVELOPMENT AGREEMENT TO THE JULY DEVELOPMENT AGREEMENT, UM, A CRITICAL WATER QUALITY ZONE, I KNOW THERE'S A LOT OF INTEREST IN, UH, THAT IT IS A PROTECTIVE BUFFER ALONG WATERWAYS.

UM, OUR CODE ESTABLISHES A CRITICAL WATER QUALITY ZONE FOR ANY CREEK OR ANY WATERWAY THAT HAS 64 ACRES OF DRAINAGE GOING TO IT.

UM, AND THEN THE COLORADO RIVER ITSELF OBVIOUSLY HAS A LOT MORE THAN THAT.

IT HAS A UNDERCURRENT CO A BUFFER OF A MINIMUM OF 200 FEET, MAXIMUM OF 400 FEET.

AND IT'S, YOU KNOW, WHERE THE FLOODPLAIN MAY LAND IN BETWEEN THAT 200 AND 400 FEET.

SO IT CAN VARY BETWEEN TWO AND 400 FEET.

AND THAT IS MEASURED FROM THE ORDINARY HIGH WATERMARK, WHICH IS ESSENTIALLY A, THE WAY THE FEDERAL GOVERNMENT, UH, DEFINES WHAT THE BANK IS ESSENTIALLY.

UM, AND AGAIN, WITH CRITICAL WATER QUALITY ZONE, YOU KNOW, IT DEPENDS ON, YOU KNOW, FOR THE MINING RECLAMATION, IF THERE ARE SOME PITS THAT WERE IN THE CRITICAL WATER QUALITY ZONE, THEY WOULD BE ABLE TO GO IN AND FILL THEM UNDER THE OLD, UH, APPROVAL.

THEY COULDN'T EXPAND OR GET ANY CLOSER OR CHANGE ANYTHING.

UM, SO IF THEY HAD TO DO ANY CHANGES TO THAT, THEY'D COME IN AND ASK US AND WE WOULD SAY CURRENT CODE APPLIES.

UM, SO, YOU KNOW, WITH THE MINING PITS, IT'S A LITTLE BIT UNCLEAR, BUT IF ASSUMING THEY WEREN'T CHANGING ANYTHING FROM WHAT THEY ORIGINALLY APPROVED, THEY COULD PROBABLY JUST FILL IT IN UNDER THOSE REGULATIONS.

NOTE THESE SMALLER DRAINAGES THAT, UM, WE'LL TALK ABOUT A LITTLE BIT, UM, IN, IN THE NEXT SLIDE WOULD NOT HAVE BEEN PROTECTED.

UM, UNDER THE MAY DEVELOPMENT AGREEMENT, THIS DID GET UPDATED.

UM, SO THE, WELL, SORRY, THE, THE MAY DEVELOPMENT AGREEMENT BASICALLY SAID THERE'S NO CRITICAL WATER QUALITY ZONES INTERNAL, UM, TO THE, THE DOC INTERNAL TO THE, TO THE DOG'S HEAD.

THERE IS A CRITICAL WATER QUALITY ZONE ALONG THE COLORADO RIVER OF 200 FEET FROM THE ORDINARY HIGH WATERMARK AND NEW DRAINAGE CHANNELS WILL, UH, NOT BE DESIGNATED AS CRITICAL WATER QUALITY ZONES.

SO THE NEW ONES THAT THEY'RE GOING TO CONSTRUCT.

BUT IF THEY GET TO BE AT LEAST, YOU KNOW, HAVE AT LEAST 1280, 80 ACRES, THEY'LL BE RESTORED AS NATURAL CHANNELS.

SO THEY'LL, YOU KNOW, THEY'LL BE DESIGNED AS A NATURAL CHANNEL AND RESTORED THAT WAY.

IN THE JULY DEVELOPMENT AGREEMENT, THIS CHANGED.

SO NOW THE COLORADO RIVER BUFFER IS AT, YOU KNOW, SAME MINIMUM 200 FEET, BUT WITH AN ACREAGE, TOTAL ACREAGE OF 236.78 ACRES.

AND THERE, THERE'S A EXHIBIT ON THE NEXT SLIDE THAT I'LL SHOW YOU.

UM, IT ALSO SAYS A MAXIMUM OF 118 ACRES OF CRITICAL WILL QUALIFY AS OPEN SPACE.

SO I'M GONNA GO TO THE NEXT SLIDE AND TALK ABOUT THIS A LITTLE BIT.

SO THE YELLOW, THE, THE EXHIBIT WITH THE YELLOW IS SHOWING WHAT THE PROPOSED CRITICAL WATER QUALITY ZONE COULD BE.

SO IT'S A MINIMUM OF 200 FEET.

UM, THAT'S OUR MINIMUM UNDER CURRENT CODE.

AND THE MAXIMUM THAT THEY DON'T REALLY GIVE A MAXIMUM NECESSARILY, IN SOME CASES IT GOES WELL BEYOND WHAT OUR CURRENT CODE ACTUALLY HAS.

UM, AND SO THERE IS A TOTAL ACREAGE IS WHAT THEY'RE SAYING.

SO IT'S NOT A MINIMUM OR MAXIMUM, BUT THERE'S A TOTAL ACREAGE AND IT'S, UM, REGULATED BY THIS, UH, EXHIBIT HERE IN THE YELLOW.

SO IF YOU SEE LIKE THE, THE DOG'S EYEBROW AREA, THAT GOES IN QUITE A BIT FURTHER THAN WHAT OUR CURRENT CODE WOULD BE.

UM, AND OF COURSE I DON'T HAVE THIS OVERLAID WITH WHAT OUR EXISTING REGULATIONS ARE NECESSARILY, SO I DON'T KNOW WHERE IT'S BIGGER AND WHERE IT ISN'T.

BUT YOU KNOW, IT'S, IT'S NOT GONNA BE GENERALLY LESS THAN CURRENT CODE, UM, IN GENERAL, BUT, YOU KNOW, THERE MAY BE SOME PLACES WHERE IT'S 200 AND CURRENT CODE WOULD BE SOMEWHERE BETWEEN TWO AND 400.

[00:50:01]

UM, AND I WANTED TO ALSO KIND OF CALL ATTENTION TO THE BLUE THAT IS, UH, JUST A SCREENSHOT OF WHAT OUR CURRENT, LIKE, WHAT OUR CURRENT CURRENT CRITICAL WATER QUALITY ZONE WOULD HAVE SHOWN.

AND THE WAY WE ESTABLISH THESE BUFFER ZONES ON A MAP IS WE HAVE OUR GIS SYSTEM, ESSENTIALLY THIS IS, YOU KNOW, A, A COMPUTER PROGRAM THAT WILL ESTABLISH A BUFFER WHEN THE TOPOGRAPHY THAT WE HAVE SHOWS THAT THERE'S 64 ACRES OF STORMWATER GOING TO THAT SPOT.

IT DOESN'T MAKE A WHOLE LOT OF SENSE IN THIS PARTICULAR PLACE.

YOU CAN SEE THESE SMALLER BUFFERS THAT ARE KIND OF CUTTING THROUGH MINING PITS.

THEY'RE KIND OF JUMPING OVER, UM, BERMS. THEY'RE KIND OF, THE COMPUTER DIDN'T REALLY KNOW EXACTLY WHAT IT WAS DOING HERE BECAUSE IT IS SO FLAT, UH, THEY, IT DID WHAT IT COULD.

SO IT SAID, WELL, THERE'S ESSENTIALLY 64 ACRES OF DRAINAGE GOING HERE, BUT THERE'S REALLY NO CREEK IN THOSE BUFFERS.

UM, SO IT DOESN'T REALLY MAKE SENSE IN THESE PARTICULAR INSTANCES TO ESTABLISH A BUFFER ALONG WHERE A CREEK DOESN'T EXIST.

IT WAS, THERE WERE JUST SORT OF REMNANTS OF THE FACT THAT THERE'S SOME PITS THERE.

AND OUR, YOU KNOW, THE MOST UPTODATE TOPOGRAPHY THAT WE HAD, WHICH I THINK WAS 2017, KIND OF SHOWED WATER GOING IN THIS DIRECTION.

BUT THERE'S NOT AN ACTUAL CHANNEL THERE, WHICH IS DIFFERENT FROM MOST OF THE PLACES IN AUSTIN.

64 ACRES REALLY DOES, UH, SHOW KINDA WHERE A CHANNEL STARTS TO, TO FORM.

UM, BUT BECAUSE OF THE PAST MINING USES AND PROBABLY THE G THE THE SOIL TYPES OUT HERE JUST DOESN'T NECESSARILY MAKE A WHOLE LOT OF SENSE.

UM, THAT IS NOT INCLUDING, OF COURSE, THE COLORADO RIVER OR CARSON CREEK, UM, WHICH IS DOWN BY THE NECK.

THAT IS AN ACTUAL NATURAL OCCURRING CREEK.

UM, MOST OF CARSON IS NOT, AGAIN, NOT PART OF THIS DEVELOPMENT AGREEMENT AT THIS TIME.

UH, WHEN WE DEVELOP, UH, MORE THAN 8,000 SQUARE FEET, YOU HAVE TO HAVE SOME SORT OF WATER QUALITY TREATMENT FACILITY TO TAKE THE RUNOFF SO THAT, UM, THE DEVELOPMENT ISN'T ALLOWING POLLUTANTS TO RUN INTO THE CREEKS.

MOVING ON.

CONSTRUCTION ON SLOPES.

UM, AGAIN, THIS WAS ORIGINALLY VERY FLAT.

UM, THERE ARE NOW SLOPES, UH, WHERE THERE ARE MINING PITS AND WHERE THERE ARE, YOU KNOW, SPOILS PILES FROM THAT.

SO THE SLOPES THERE ARE NOT LIKELY TO BE NATURALLY OCCURRING, EXCEPT OF COURSE, ALONG THE COLORADO RIVER.

DEFINITELY SOME NATURALLY OCCURRING SLOPES ALONG THAT.

UM, SO THE CURRENT CODE LIMITS CONSTRUCTION ON SLOPES FOR PARKING LOTS, DRIVEWAYS, BUILDINGS, PARKING AREAS.

UM, AGAIN, YOU KNOW, WE DON'T, WE WOULDN'T PROTECT SLOPES DURING MINING RECLAMATION.

UM, THEY CAN FILL IN THOSE PITS.

UM, THE MAY DEVELOPMENT AGREEMENT SAYS THAT OUR CONSTRUCTION ON SLOPES REQUIREMENTS DO NOT APPLY, UM, ESPECIALLY IF IT'S THE SLOPES ARE ASSOCIATED WITH, UH, MINING FACILITIES.

SO, SO, UM, NO CHANGE FROM THE JULY DEVELOPMENT AGREEMENT.

AND WE WOULD ALSO SAY CURRENTLY OUR POLICY IS NOT TO PROTECT SLOPES THAT ARE, YOU KNOW, REMNANTS OF CONSTRUCTION LIKE THIS.

UM, FOR EXAMPLE, IF SOMEBODY HAS A RETAINING WALL, UM, THAT WAS, YOU KNOW, NOT THERE ORIGINALLY, UM, THEY WANT TO TAKE IT DOWN AND CUT A DRIVEWAY OR SOMETHING LIKE THAT, YOU KNOW, WE WOULD SAY, WELL, THAT'S NOT A NATURALLY OCCURRING SLOPE.

THAT WAS A MANMADE SLOPE.

WE WOULDN'T NECESSARILY, UM, PROTECT THAT UNLESS WE KNOW IT WAS A NATURALLY OCCURRING SLOPE.

UM, IMPERVIOUS COVER.

SO IN THIS, UH, WATERSHED, IT DEPENDS ON THE USE, HOW MUCH IMPERVIOUS COVER IS ALLOWED.

SINGLE FAMILY IS ALLOWED 50% WITH A 57 50 MINIMUM LOT SIZE.

IF YOU HAVE A SMALLER LOT SIZE, YOU'RE ALLOWED 55% MULTIFAMILY GETS 60%.

AND, UH, COMMERCIAL ACTIVITIES, UM, BASICALLY EVERYTHING NOT RESIDENTIAL GETS 80%.

UM, MINING RECLAMATION WOULD'VE JUST BEEN CURRENT CODE, BUT, YOU KNOW, THE MINING RECLAMATION ASSUMES THEY'RE NOT GONNA PUT IMPERVIOUS COVER DOWN.

THEY'RE JUST FILLING IN THE PITS AND RESTORING THEM.

UM, UH, UNDER THE MAY DEVELOPMENT AGREEMENT, THERE'S NO IMPERVIOUS COVER LIMITS OUTSIDE OF THE OPEN SPACE AREAS, AND THE OPEN SPACE WOULD BE LIMITED TO 20% IMPERVIOUS COVER.

THIS DID CHANGE IN THE JULY AGREEMENT.

UM, THERE NOW IS A MAXIMUM IMPERVIOUS COVER FOR THE TOTAL AREA OF 79%.

UM, AND YOU CAN, THEY, THEY NEEDED, THEY WANTED SOME FLEXIBILITY THERE SO THEY COULD TRANSFER IMPERVIOUS COVER ALLOWANCES FROM ONE PLACE TO ANOTHER, UM, WHICH IS A PROCESS THAT IS ALLOWED UNDER CURRENT CODE TODAY THAT YOU CAN, YOU CAN DO THAT, UH, WITH RESTRICTIVE COVENANTS.

UM, AND AGAIN, OPEN SPACE IS STILL LIMITED TO 20%, UM, WATER QUALITY TREATMENT.

SO THIS IS WHAT WE'RE TALKING ABOUT WHEN, YOU KNOW, UH, JACOB TALKED A LOT ABOUT THE STRUCTURAL CONTROLS.

[00:55:01]

UM, SO YOU KNOW, THAT IS WHAT OUR CURRENT CODE IS.

UM, THERE IS A PROVISION FOR ALTERNATIVE METHODS THAT WE, YOU KNOW, WITH SOME CONDITIONS.

SO IF SOME SORT OF INNOVATIVE CONTROL, WE CAN REVIEW THAT AND IF THEY CAN DEMONSTRATE THAT IT MEETS OUR, UH, CRITERIA, UM, WE WOULD APPROVE IT.

UM, SO WITH THE MINING RECLAMATION, IT'S, YOU KNOW, ESSENTIALLY CURRENT CODE, BUT AGAIN, THE MINING RECLAMATION ISN'T REALLY BUILDING NEW DEVELOPMENT, THEY'RE JUST FILLING IN PITS.

SO IT'S, UM, IF THEY DID COME UP WITH SOMETHING THAT WOULD REQUIRE US TO LOOK AT IT, BECAUSE IF THERE'S NEW IMPERVIOUS COVER, THEN WE WOULD REQUIRE A WATER QUALITY TREATMENT FACILITY.

UM, THE MAY DEVELOPMENT AGREEMENT DID SAY THAT THE EXISTING PONDS MAY BE USED AS WATER QUALITY TREATMENT FACILITIES IF THEY DEMONSTRATE ECM REQUIREMENTS.

SO THAT'S, YOU KNOW, BASICALLY USING WHAT CURRENT CATTLE ALLOWS FOR INNOVATIVE, UH, WATER QUALITY REVIEW.

UM, WE DID ASK THAT CERTAIN ACTIVITIES BE PROHIBITED FROM DRAINING TO THOSE PONDS.

SO IF IT'S, UH, UM, AN ACTIVITY THAT HAS, UH, LIKELIHOOD OF LIKE HIGH CONCENTRATION OF POLLUTANTS, UM, THOSE WOULD NOT BE GOING TO THESE PONDS.

UM, AND THE DEVELOPMENT AGREEMENT SAID MORE INFORMATION WILL BE PROVIDED IN THE REGULATING PLAN.

UM, SO THERE'S NO CHANGE ON THAT.

WE'RE WORKING THROUGH WHAT THE, THAT TECHNICAL INFORMATION WILL LOOK LIKE CURRENTLY.

UM, A FLOODPLAIN, AND I'M NOT GONNA CALL ON CARL YET, BUT IF I DO HAVE QUESTIONS ABOUT FLOODPLAIN, I'M GONNA CALL A FRIEND.

CARL MACARTHUR IS A MANAGING ENGINEER WITH THE CITY OF AUSTIN.

UM, SO UNDER CURRENT CODE CITY OF AUSTIN, A HUNDRED YEAR FLOODPLAIN IS THE, UH, WE BASICALLY LOOK AT THE FULLY DEVELOPED FLOODPLAIN.

SO BASICALLY, YOU KNOW, WHAT IS, IF AN AREA WERE TO FULLY DEVELOP UNDER THE, UM, IMPERVIOUS COVER ALLOWED, WHAT DOES THAT LOOK LIKE? THAT IS HOW WE LOOK AT, UM, OUR FLOODPLAINS AND FINISHED FLOOR ELEVATIONS ARE REQUIRED TO BE TWO FEET ABOVE THE HIGHEST REGULATORY FLOODPLAIN.

UM, MINING, I THINK IT DEPENDS ON THE APPLICABLE CODE AT THE TIME OF THE MINING OPERATIONS, BUT YOU CAN'T HAVE ADVERSE FLOODING IMPACT.

UM, IN THE MAY DEVELOPMENT AGREEMENT.

WE'RE BASICALLY LOOKING AT FEMA FLOODPLAIN.

SO WE'LL SAY THIS IS WHAT THE FEMA FLOODPLAIN, UM, SHOWS AND, YOU KNOW, THIS IS, UH, AN AREA THAT IS NOT CURRENTLY DEVELOPED IN GENERAL.

AND, UM, YOU KNOW, THEY'RE STARTING TO DEVELOP, REDEVELOP IT NOW.

UM, AND THEY'RE GONNA BE DOING A LOT OF MOVING OF, YOU KNOW, CREATING CHANNELS, MOVING SOIL FROM ONE PLACE TO ANOTHER.

UH, SOME OF THE CHANNELS MAY BE TEMPORARY.

UM, AND SO AS IT DEVELOPS, THEY WANNA BE ABLE TO HAVE SOME FLEXIBILITY ON HOW THE FLOODPLAIN IS, UM, MAPPED AND SHOWN AND REGULATED, UH, BECAUSE IT'S A LITTLE BIT UP IN THE AIR HOW IT'S ALL GOING TO WIND UP BEING DEVELOPED.

AND SO THE DEVELOPMENT AGREEMENT DOES ALLOW SOME FLEXIBILITY FOR TOPOGRAPHY TO BE ALTERED WITHOUT HAVING TO UPDATE FLOOD PLAIN MAPS EVERY TIME UNTIL THE WHOLE REGIONAL DRAINAGE SYSTEM IS COMPLETE.

SO ONCE WE KNOW WHAT THEY'RE DOING AND WE KNOW WHERE THE FLOOD PLAINS ARE GOING, AND THE CHANNELS ARE NO LONGER TEMPORARY, BUT THEY'RE PERMANENT, THEN, YOU KNOW, WE, WE, THEY WOULD UPDATE THE FLOOD PLAIN MAPS AT THAT POINT.

UM, AND BECAUSE OF ALL OF THIS TO, IN ORDER TO ENSURE SAFETY, IF WE DON'T KNOW WHERE THE FLOODPLAIN IS REALLY GONNA LAND, UM, THE DEVELOPMENT AGREEMENT SAYS FINISH FLOOR ELEVATIONS ARE REQUIRED TO BE THREE FEET ABOVE THE HIGHEST REGULATORY FLOOD PLAIN.

AND THE JULY DEVELOPMENT AGREEMENT DID NOT CHANGE THAT.

DID THAT, DID THAT CHANGE? YEAH, FLOODPLAIN MODIFICATION.

FLOODPLAIN MODIFICATION IS ANOTHER REGULATION THAT'S SEPARATE.

SO FLOODPLAIN IS ONE REGULATION UNDER DRAINAGE.

IT'S MORE ABOUT PROTECTING FLOODPLAIN HABITAT, THE RIPARIAN ZONE OF FLOODPLAINS.

SO IF SOMEBODY COMES IN AND THEY, UM, WANT TO CHANGE WHAT THE FLOODPLAIN LOOKS LIKE, THEN YOU KNOW, WE CAN ALLOW IT.

SOMETIMES IF IT'S IN A CRITICAL WATER QUALITY ZONE, IT MAY COME TO YOU ALL FOR A VARIANCE.

IF IT'S OUTSIDE OF THE CRITICAL WATER QUALITY ZONE, LIKE THESE BROAD, UM, UH, FLOODPLAINS THAT WE SEE ON EAST SIDE, UH, A LOT OF THAT CAN BE DONE ADMINISTRATIVELY.

WE DO ASK FOR A CERTAIN AMOUNT OF RESTORATION, UM, OF FLOODPLAIN AREA AT A RATIO THAT IS USUALLY MORE RESTORATION THAN WHAT IS BEING, UM, ACTUALLY CHANGED.

UM, AND OR IF NOT ONSITE RESTORATION, THEN A PAYMENT,

[01:00:01]

UM, INTO A, A FUND THAT THEN GOES TO EITHER PURCHASE PROPERTY OR DO RESTORATION PROJECTS.

UM, AND SINCE THIS IS MOSTLY, YOU KNOW, WE'RE, YOU SEE THESE MOSTLY IN EAST SIDE, IT'S, IT'S REALLY FOCUSED ON BLACKLAND PRAIRIE RESTORATION.

UM, SO MINING RECLAMATION, IT KIND OF DEPENDS AGAIN, ON WHAT THE APPLICABLE CODE IS.

UM, BUT, UH, AGAIN, NO ADVERSE FLOODING IMPACT WOULD BE ALLOWED.

AND, YOU KNOW, IF THIS WERE UNDER THE MINING PERMIT, PREDATED OUR CURRENT CODE, YOU KNOW, THEY WOULD BE ABLE AGAIN, TO FILL THE POT PITS, UH, WHICH ARE POSSIBLY IN THE FLOOD PLAIN, POSSIBLY NOT.

AND, UM, YOU KNOW, WITHOUT THIS REGULATION BEING TRIGGERED, UM, YOU KNOW, SO THE MAY DEVELOPMENT AGREEMENT BASICALLY SAID FLOOD PLAIN MODIFICATION WILL NOT BE REQUIRED FOR THIS.

AND THE JULY DEVELOPMENT AGREEMENT DID NOT CHANGE THAT, UH, VARIANCE APPROVAL.

UM, SO WE HAVE IN 25 8, I'M JUST SPEAKING FOR WATER QUALITY VARIANCES.

UH, AGAIN, THE CODE SETS OUT WHAT IS A, THE FINDINGS OF FACT THAT YOU GUYS ARE FAMILIAR WITH.

YOU SEE 'EM ALL THE TIME WITH, UH, VARIANCES.

YOU HAVE TO ANSWER CERTAIN QUESTIONS.

AND IF ANY OF THOSE QUESTIONS ARE NO, THEN STAFF GENERALLY DOESN'T SUPPORT THE VARIANCE.

25 8 42 SAYS, WHAT ARE ADMINISTRATIVE VARIANCES? SO WHAT ARE VARIANCES THAT MAY HAVE SOME CONDITIONS, BUT DON'T RISE TO THE LEVEL OF A, UH, COMMISSION, UH, APPROVAL.

UM, VARIANCES DO NOT HAVE APPEALS, UM, AND FLOODPLAIN VARIANCES, UH, WHICH ARE SEPARATE FROM WHAT ARE LAID FORTH IN 25 8 41 AND 28 42, UM, FLOOD PLAIN VARIANCES ARE UNDER A DIFFERENT CHAPTER.

AND THOSE TYPICAL, THOSE WILL GO TO CITY COUNCIL.

IN GENERAL, UM, STAFF DON'T GENERALLY HAVE THE AUTHORITY TO APPROVE FLOODPLAIN VARIANCES.

UM, AGAIN, MINING RECLAMATION, I'M NOT GONNA GO INTO IT AT ALL, BUT YOU KNOW, IT, IT DEPENDS.

IF, IF THEY WERE ALLOWED TO FILL IT IN, THEY CAN FILL IT IN, CAN'T FLOOD THEIR NEIGHBORS.

UH, THE MAID DEVELOPMENT AGREEMENT SAID THAT ALL LDC CODE REQUIREMENTS, EXCEPT FOR 25 2 ZONING ARE ADMINISTRATIVE.

SO THERE ARE NO LAND USE COMMISSION VARIANCES WITHIN THE DOG'S HEAD.

UM, IF THERE ARE CONFLICTS WITH THESE APPROVALS, THEN THE, UH, THE DIRECTOR OF DEVELOPMENT SERVICES HAS THE AUTHORITY TO MAKE A, UH, A DECISION, AND THE DENIALS ARE APPEALABLE TO EITHER THE CITY MANAGER OR CITY COUNCIL.

UH, THE JULY DEVELOPMENT AGREEMENT DID NOT CHANGE THAT, UH, EROSION HAZARD ZONE.

THIS IS, UH, SOMETHING THAT IS REALLY APPLICABLE ALONG THE COLORADO RIVER AND IN THE CARSON CREEK.

SO, ALONG AREAS WHERE THAT WE SEE A LOT OF EROSION, ESPECIALLY, ESPECIALLY CREEKS, UM, THERE IS A, A BUFFER ZONE THAT'S NOT A NO BUILD ZONE, BUT IT IS A SHOW US HOW YOU'RE GOING TO BUILD THIS SO THAT IT DOESN'T, UH, CAUSE IT WORSE EROSION OR ISN'T, UH, GOING TO BE TAKEN BY THE RIVER AS THE RIVER ERODES.

AND SO IT'S A PLACE WHERE YOU HAVE TO BE REALLY CAREFUL, ESPECIALLY ALONG THE COLORADO RIVER.

IT'S VERY ERODABLE, UH, THE SOIL'S, YOU KNOW, UM, WE'VE SPENT MILLION, A MILLIONS OF DOLLARS FIXING THE ROY G. GUERRERO, UH, UH, CREEK.

UM, SO, YOU KNOW, THIS IS A BE CAREFUL, WE'RE GONNA LOOK AT WHAT YOU'RE GONNA DO IF YOU'RE GOING TO BE DOING ANYTHING IN THE EROSION HAZARD ZONE OF THE COLORADO RIVER OR POTENTIALLY CARSON CREEK.

UM, IT DOES.

THE MAY DEVELOPMENT AGREEMENTS CLARIFIES THAT STORM TRAIN OUTFALLS ARE ALLOWED IN THE EROSION HAZARD ZONE OF PROTECTIVE WORKS ARE PROVIDED.

UM, THAT'S ALREADY WHAT CODE WOULD ALLOW STORM DRAINS CAN DISCHARGE INTO WATERWAYS.

UM, I THINK THEY'RE WORKING ON A DESIGN FOR THE DRAINAGE CHANNELS THAT WOULD ACTUALLY PRE PREVENT ANY NEED FOR STORM DRAIN OUTFALLS TO THE COLORADO RIVER, WHICH IS A GOOD THING.

UM, AND THE JULY DEVELOPMENT AGREEMENT DOESN'T CHANGE ANY OF THAT.

UM, DRAINAGE, UH, WE, WE NOT GONNA GO INTO EVERYTHING IN DRAINAGE IS AN ENTIRE CHAPTER.

UH, BUT ESSENTIALLY, YOU KNOW, WE HAVE FLOODPLAIN REGULATIONS AND WE HAVE NO ADVERSE IMPACT.

THERE'S EROSIVE FLOW REQUIREMENTS, SO THAT'S KIND OF A, A LARGE THING.

UM, SAME WITH MINING.

UM, THE DRAINAGE CODE, THAT WAS REALLY KIND OF A CLARIFYING IN THE MAY DEVELOPMENT AGREEMENT IS TALKING ABOUT THE REGIONAL STORMWATER SYSTEM, WHICH IS PROPOSED.

UM, SO BASICALLY, YOU KNOW, THIS IS A SITE THAT IS OWNED BY ITSELF.

YOU KNOW, THEY CAN CHANGE THE TOPOGRAPHY A LITTLE BIT FROM PLACE TO PLACE, MOVE THINGS AROUND, THEY CAN'T.

UM, BUT AS EACH SITE COMES IN TO DEVELOP, EACH SITE CAN'T FLOOD THE

[01:05:01]

THE NEXT PERSON, RIGHT? SO THERE'S NO ADVERSE IMPACT, STILL REQUIRED LOT TO LOT, AND THE DEVELOPMENT AGREEMENT DID NOT CHANGE THAT TREE PROTECTION.

UM, SO TREE PROTECTION STILL APPLY, BUT, UH, SO GOING BACK, CURRENT CODE SURVEYS ARE REQUIRED, UM, FOR 19 INCHES OR GREATER FOR SINGLE FAMILY EIGHT INCHES OR GREATER, UM, FOR ALL OTHERS.

AND SO THIS IS WHERE AROUND FOUR AND A HALF FEET ABOVE GRADE, SOMEONE GOES OUT AND MEASURES THE, UH, CIRCUMFERENCE AND, OR SORRY, DIAMETER.

AND IF IT'S 19 INCHES, THE DIAMETER OF THE TREE AT FOUR AND A HALF GRADE ABOVE GRADE IS 19 INCHES OR GREATER THAN IT'S A PROTECTED TREE.

UM, HERITAGE TREES ARE MOSTLY THE NATIVE TREES, UM, WON'T LIST ALL OF THEM, BUT AT 24 INCHES OR GREATER, THEY BECOME HERITAGE TREES.

UM, AGAIN, MINING RECLAMATION, IT DEPENDS IF THERE'S A TREE GROWING UP ALONG THE BANK OF THE PIT.

I DON'T KNOW IF THAT WOULD TRIGGER ANYTHING OR NOT.

PROBABLY NOT UNLESS THEY CAME IN AND NEEDED A SITE PLAN FOR SOMETHING.

UM, THE MAY DEVELOPMENT AGREEMENT DIDN'T WAIVE TREE PROTECTION REQUIREMENTS, BUT IT DID WAIVE THE REQUIREMENT FOR SURVEYS UNLESS THEY ARE DEVELOPING WITHIN THE CRITICAL WATER QUALITY ZONE.

UM, AND THE JULY AGREEMENT DID NOT CHANGE THAT.

THAT WAS A LOT.

I WANTED TO JUST KIND OF TALK A LITTLE BIT ABOUT THE FLOODPLAIN MAPS.

UM, SO I, YOU KNOW, I THINK WE'VE HEARD THAT, UH, YOU KNOW, OUR MAPS SHOW A LOT OF FLOODPLAIN WITHIN THE DOG'S HEAD.

AND SO HOW IS THAT REALLY GONNA WORK? UM, SO THE DEVELOPMENT AGREEMENT, AGAIN, RE REQUIRES THE FEMA FLOODPLAINS INSTEAD OF THE CITY OF AUSTIN FULLY DEVELOPED.

OH, LIZ, YOU MIGHT WANNA CLICK TO THE NEXT SLIDE.

OH, THANK YOU.

YEAH, THANK YOU.

UM, SO INSTEAD OF FULLY DEVELOPED FLOODPLAIN, UH, IT'S FEMA AGAIN, THIS IMAGE KINDA SHOWS WHAT OUR PROPERTY PROFILE, OUR WEB VIEWER SHOWS.

UM, SO THIS ISN'T, YOU KNOW, NOT THE MOST, THIS IS NOT THE ULTIMATE CONDITION OF THE FLOODPLAIN.

UM, THE DARK BLUE IS THE A HUNDRED YEAR FLOODPLAIN, THE LIGHT BLUE IS THE 500 YEAR.

UM, AND THEN, UH, THERE'S A HUNDRED YEAR SHALLOW FLOODING AREA, UM, WHICH IS PART OF WHAT HAS CHANGED, UM, IN THE, THE LAST FEW YEARS.

SO, OR SORRY, THE LAST FEW MONTHS.

UM, SO I'M GONNA GO TO THE NEXT SLIDE HERE AND TALK A LITTLE BIT MORE ABOUT WHAT IS LIKELY TO HAPPEN.

SO THIS IS A, UH, A LMER, UM, IT'S, IT'S A LETTER OF MAP REVISION THAT HAS BEEN PROPOSED TO THAT BOTH THE CITY AND FEMA, UM, SHOWING BASICALLY LIKE THIS IS WHAT OUR MORE DETAILED MODELING ANALYSIS IS SHOWING US, IS WHERE THE ACTUAL FLOODPLAIN REALLY IS WITHIN THE DOG'S HEAD.

AND THIS IS REALLY SPECIFIC TO, UH, ALONG THE COLORADO RIVER.

THIS IS AN EXHIBIT FROM THAT ENGINEER.

UM, SO IT'S, UH, THEY'RE BASICALLY SHOWING THAT THE MOST OF THE MINING PITS, UM, WHICH ARE THESE AREAS IN GRAY, ARE NO LONGER IN THE, THE FLOODPLAIN.

NOW, THERE MAY BE A FEW CLOSE TO THE RIVER THAT MIGHT STILL BE IN THE FLOODPLAIN, BUT IN GENERAL, MOST OF THIS AREA IS BEING REMOVED TO THE, UM, REMOVED FROM THE A HUNDRED YEAR FLOODPLAIN, NO CHANGES TO THE 500 YEAR FLOODPLAIN, BUT WE REGULATE TO THE A HUNDRED YEAR, NOT THE 500 YEAR.

UM, SO IT HAS BEEN REVIEWED AND APPROVED BY OUR CITY'S FLOODPLAIN OFFICE, AND IT'S PENDING REVIEW BY FEMA.

SO ONCE FEMA IS DONE WITH THEIR REVIEW, THEN THE MAPS WOULD BE UPDATED FOR THAT.

ALL OF THE AGREED UPON LANGUAGE THAT NOW CONTROLS HOW WE LOOK AT THE DEVELOPMENT AND THE DOG'S HEAD.

NEXT STEPS.

UM, I THINK A LOT OF YOU HAVE HEARD, BUT THE REGULATING PLAN ADOPTION IS, UM, ON A LONGER TIMELINE TO ALLOW FOR THESE KIND OF CONVERSATIONS.

UM, SO CURRENTLY THEY'RE TARGETING, I THINK, MARCH FOR CITY COUNCIL APPROVAL ENVIRONMENTAL COMMISSION MAYBE, UH, JANUARY, UM, IS WHAT I'VE KIND OF SEEN.

SO, BUT THEY ALSO NEED TO GO TO PLANNING COMMISSION AND URBAN TRANSPORTATION COMMISSION.

SO, UM, WHAT WOULD HAPPEN THEN IS THE REGULATING PLAN WILL BE ADOPTED AND THE AUSTIN STRATEGIC MOBILITY PLAN WILL BE AMENDED TO INCLUDE, UM, SOME OF THE ROADWAYS THAT ARE BEING PROPOSED HERE.

BOTH OF THOSE WOULD COME TO THE ENVIRONMENTAL COMMISSION.

AND I'VE ALSO BEEN ASKED, WHAT IS A REGULATING PLAN AND HOW IS IT DIFFERENT FROM THE DEVELOPMENT AGREEMENT? SO THE DEVELOPMENT AGREEMENT IS A CONTRACT, I'M SORRY, LIZ, YOU MIGHT WANNA CLICK AGAIN.

OH, SHOOT.

I KNOW YOU'RE LOOKING AT YOUR COMPUTER, SO IT'S HARD .

WHAT IS A REGULATING PLAN? SO THE, UM, THE DEVELOPMENT AGREEMENT IS A CONTRACT.

IT WAS APPROVED.

IT IS, UH, YOU KNOW, SIGNED BY BOTH THE CITY AND THE APPLICANT HAS, YOU KNOW,

[01:10:01]

THE REG REGULATING PLAN, UM, KIND OF FALLS AFTER THAT.

IT ESTABLISHES THE LAND USE AND THE ZONING FOR THE PROPERTY AND ANY KIND OF STANDARDS THAT WE NEED TO USE TO LIKE, CLARIFY MAYBE THE DEVELOPMENT AGREEMENT.

BUT WE CAN'T GO BEYOND, THE DEVELOPMENT AGREEMENT CAN GO IN THERE.

SO LIKE THE TECHNICAL DOCUMENTS RELATED TO THE WATER QUALITY PONDS, FOR EXAMPLE, WE'RE GOING TO GO INTO THE REGULATING PLAN.

UM, AND, BUT ONCE ADOPTED, THIS BECOMES PART OF THE CODE, ESSENTIALLY.

SO THIS IS LIKE THE CODE, IT'S NOT THE CONTRACT, IT'S THE CODE THAT IS REQUIRED OR, AND REVIEWED BY THE, THE, THE, YOU KNOW, THE CITY STAFF.

SO I DUNNO IF THAT MAKES SENSE, BUT ESSENTIALLY WE SHOULDN'T HAVE TOO MANY CONFLICTS BETWEEN THE TWO.

HI, GOOD EVENING COMMISSIONERS.

AND THAT IS IT.

ANY QUESTIONS? ALL RIGHT.

THANK YOU SO MUCH FOR THAT COMPREHENSIVE PRESENTATION.

I KNOW IT WAS A LOT OF WORK ON TOP OF EVERYTHING YOU'RE ALREADY DOING, SO THANK YOU.

LET'S GO FIRST TO ANY PUBLIC COMMENT CHAIR.

THERE IS ONE SPEAKER SIGNED UP FOR THIS ITEM.

BEATRICE ANDERSON.

BEATRICE, YOU'LL HAVE THREE MINUTES.

BEATRICE ANDERSON.

GOOD TO SEE YOU GUYS.

UM, I JUST AM GONNA RUN THROUGH A COUPLE OF THINGS, UM, PULLED SOME NOTES WHILE, UH, THE PRESENTATION WAS BEING DONE.

UM, JUST SOME THINGS THAT I WANT TO CLARIFY AND GET ON THE RECORD.

A LOT OF THIS YOU'VE ALREADY HEARD, I THINK IT'S IMPORTANT TO REITERATE.

UM, SO AT ONE POINT IN THE PRESENTATION THERE WAS TALK ABOUT, UM, MINOR DEVELOPMENT THAT WAS ALLOWED IN THE CRITICAL WATER QUALITY ZONE.

THE PRESENTATION LABELS THIS AS, UH, RECREATIONAL ACTIVITIES.

UM, THE DEVELOPMENT AGREEMENT IS NOT LIMITED TO RECREATIONAL ACTIVITIES.

THIS INCLUDES GOLF COURSES, BOATS AND MARINAS, UTILITY LINES, UM, VEHICULAR CROSSINGS.

I WOULD NOT CONSIDER ANY OF THOSE RECREATIONAL.

UM, AND I THINK IT'S IMPORTANT TO EVALUATE THE FULL SCOPE OF WHAT CAN HAPPEN IN THAT CRITICAL WATER QUALITY ZONE, CONSIDERING THAT IS THAT IT IS CRITICAL TO THE PROTECTION OF THE RIPARIAN, UM, ZONE.

UM, ALSO NO CREEKS.

UM, IT WAS SAID THAT THERE WERE NO CREEKS IN THE BUFFERS.

THERE WERE KIND OF NO WATERWAYS WITHIN THE, UM, INTERNAL PART OF THE SITE.

UM, I WILL SEND YOU, UM, TOMORROW WHEN I GET IN FRONT OF MY SCANNER, THE, UM, A LOT OF THE HISTORIC DRAINAGE CHANNELS, UM, HAVE BEEN, UH, COVERED UP BY THE DEVELOPMENT BY THE RECLAMATION, BY THE GRADING THAT HAS HAPPENED, UM, IN THE LAST COUPLE OF YEARS.

UM, SO I WILL SEND YOU THOSE MAPS.

I I THINK IT'S IMPORTANT TO KIND OF GO BACK AND LOOK AT THE CITY STUDIES ON WHERE THOSE HISTORIC DRAINAGE CHANNELS WERE AND NOT JUST LOOK AT AN AERIAL IMAGE.

IT DOES NOT PAINT THE WHOLE PICTURE.

UM, AND THEN WITH WATERWAYS GENERALLY, UM, IT'S IMPORTANT TO NOT SEPARATE THIS SITE, UM, IN FROM CARSON CREEK AND, UH, THE COLORADO RIVERSIDE, I, THOSE CANNOT BE CONSIDERED SEPARATELY.

THERE IS SO MUCH, UH, YOU KNOW, RUNOFF BETWEEN THE TWO.

AND TO ADDRESS, ESPECIALLY WHEN YOU CONSIDER THAT THEY HAVE UNLIMITED FLOODPLAIN MODIFICATIONS ON THE PART OF THE DOG'S HEAD THAT THEY DO CONTROL, UM, YOU KNOW, IT, IT IS JUST IMPOSSIBLE TO SAY THAT THEY'RE, THEY CAN HAVE THAT UNLIMITED MODIFICATIONS AND THERE WILL BE NO ADVERSE IMPACT TO THE ADJOINING WATERWAY.

UM, I'VE, IN YOUR EMAIL INBOXES, I'VE SENT YOU A VIDEO OF, OF THE EXTENSIVE FLOODING MULTIPLE FEET, COMPLETELY COVERING THE ROADWAYS THAT HAPPEN, UM, WHERE CARSON CREEK MEETS THE DOG'S HEAD.

SO THE FACT THAT IT'S NOT IN THE DEVELOPMENT PROPERTY, I UNDERSTAND, BUT IT CANNOT BE JUST COMPLETELY REMOVED FROM THE EQUATION.

IT NEEDS TO BE CONSIDERED WHEN TALKING ABOUT THE WATERWAYS, WHEN TALKING ABOUT THOSE FLOODPLAIN MODIFICATIONS.

IT WILL HAVE AN IMPACT, UM, ON THAT.

UM, AND THEN WITH THE, UH, WATER QUALITY TREATMENT PONDS, UM, WITHOUT EXISTING STUDIES LIKE WE, IT'S NOT CLEAR WHAT POLLUTANTS ALREADY IN THERE.

UM, I, THIS SHOULD NOT BE A BLANKET, UM, ALLOWANCE TO USE THESE WITHOUT FURTHER REVIEW.

UM, AS WITH KIND OF ALL OF THESE, UM, ALL THE VARIANCES THAT ARE ALLOWED TO BE MOVED TO, UM, ADMINISTRATIVE, UM, THEY'RE JUST BEING GIVEN BLANKET WAIVERS, THERE SHOULD BE A MORE NUANCED APPROACH, UM, CASE BY CASE BASIS.

TO LET YOU START WITH SOMEONE ELSE, PLEASE? SURE.

ALL RIGHT, THANK YOU.

LET'S GO AHEAD AND GO TO COMMISSIONER QUESTIONS AND COMMENTS, AND WE'LL START WITH COMMISSIONER BRIMER.

MAY I REFER

[01:15:01]

COMMISSIONER SULLIVAN, DO YOU ALSO WANNA DEFER? WELL, I, I DIDN'T REALLY HAVE ANY QUESTIONS.

I MEAN, I HAD LOOK REVIEWED ALL OF THE STUFF THAT YOU GAVE US BEFORE THE MEETING AND, YOU KNOW, YOU ADDRESSED EVERY, ALL MY QUESTIONS IN THE PRESENTATION.

SO THANK YOU SO MUCH, COMMISSIONER LUKI.

UM, I DON'T HAVE ANY QUESTIONS EITHER.

COMMISSIONER FIERRO? NO, NO QUESTIONS FOR ME EITHER.

COMMISSIONER MOORE, NO QUESTIONS.

COMMISSIONER MORRISON.

SORRY, BRIER, WE'RE BACK TO YOU.

ALRIGHT, I'VE BEEN SET UP.

UH, OKAY, LIZ, THANK YOU VERY MUCH FOR THE PRESENTATION.

I KNOW THIS IS KIND OF A TEDIOUS PROCESS TO GO THROUGH ALL THIS, AND I APPRECIATE YOUR SUMMARY OF IT, BUT I WOULD ENCOURAGE EVERYONE TO ACTUALLY GO TO THE ORIGINAL AGREEMENT.

UH, YOUR SUMMARY WAS VERY GOOD, BUT, YOU KNOW, HAVING READ THE ORIGINAL AGREEMENT SEVERAL TIMES, THERE'S A LOT OF DETAILS IN THERE.

AND IN ORDER TO GET THE FULL FLAVOR OF THE AGREEMENT, THE DETAILS MATTER, THE SPECIFIC WORDING MATTERS.

AND WHILE I, YOU KNOW, AGREE THAT YOUR SUMMARY IS, IS ACCURATE, I BELIEVE THAT IT IS A SUMMARY AND THE DETAILS IN THERE ARE REALLY, REALLY IMPORTANT, UH, THE MINING THAT'S GOING ON THERE.

NOW, DOES THE CITY NOW CONTROL THE MINING? I MEAN, THERE'S CITY CODE THAT TALKS ABOUT MINING WITHIN THE CITY LIMITS.

IS THAT NOW BEING ENFORCED WITHIN THAT, WITHIN DOGHEAD? NO.

SO THEY'RE ALLOWED TO CONTINUE MINING UNDER THE PREVIOUS PERMITS THAT WERE GRANTED.

SO MINING IS REALLY, UH, UM, THEY CAN KEEP AND MAINTAIN THE EXISTING OPERATIONS UNDER THE PERMIT THAT WAS GRANTED BY THE STATE.

SO THEY'RE KIND OF GRANDFATHERED IS ESSENTIALLY IS A BRIEF SUMMARY OF WHAT THAT IS.

UH, NOW YOU HAVE A COPY OF THE REGULATING PLAN PRELIMINARY.

WHEN IS THAT GONNA BE MADE AVAILABLE TO THE ENVIRONMENTAL COMMISSION? UM, SO MY UNDERSTANDING IS THAT IT HAS, IT'S KIND OF UNDER REVIEW BY BOTH SIDES, AND SO IT HASN'T ALL BEEN SIGNED, SO I DON'T KNOW EXACTLY WHEN THAT'S GONNA, YOU KNOW, IT'LL ALL BE OFFICIAL, UM, BECAUSE IT IS A CONTRACT, SO IT HAS TO HAVE EVERYBODY'S SIGNATURE.

SO WHENEVER THAT'S DONE, WE CAN SEND YOU A COPY.

SO ENDEAVOR HAS A COPY OF IT NOW? I WOULD ASSUME SO, NO.

OH, OKAY.

MAYBE NOT.

SO MAYBE IT'S BEING REVIEWED BY THE CITY .

HEY, YOU KNOW, WHO KNOWS? THE REASON I ASK IS THAT, UH, THERE'S A WORKING GROUP ASSIGNED TO ADDRESS THIS TYPE OF THING, AND AS PART OF THAT EFFORT, WE'RE TRYING TO DEVELOP SOME THOUGHTS AS TO HOW TO PROCEED.

AND IT WOULD BE ADVANTAGEOUS FOR US TO UNDERSTAND WHAT THE CITY MANAGER'S OFFICE, WHO I ASSUME DEVELOP THE REGULATING PLAN.

IS THAT CORRECT? OR WHOEVER IT IS? I MEAN, THE REGULATING PLAN OR THE DEVELOPMENT AGREEMENT? WELL, THE REGULATING PLAN.

OH, OH, THE REGULATING PLAN.

UH, OKAY.

THE REGULATING PLAN WILL NOT COME TO Y'ALL UNTIL, UM, UNTIL MARCH.

YEAH, BUT IS THERE ONE? OKAY.

SO THE WORKING GROUP OF THE ENVIRONMENTAL COMMISSION IS ADDRESSING THE REGULATING PLAN, AND I PERCEIVE THAT IT WOULD BE EASIER FOR US TO MOST ACCURATELY REPRESENT THE CITY'S AND THE ENVIRONMENTAL COMMISSIONS POSITION, AND TO PRESENT A FAIR AND ACCURATE POSITION TO ENDEAVOR, YOU KNOW, THE APPLICANT, UH, HOWEVER YOU WANT TO CHARACTERIZE IT, IF WE HAD A BETTER UNDERSTANDING OF THINGS.

AND IF WE DON'T HAVE ACCESS TO THAT DOCUMENT, IT, WE MAY ADDRESS IT WITHOUT ADEQUATE INFORMATION TO BE ACCURATE IN WHAT WE'RE DOING.

DO YOU UNDERSTAND WHAT I'M TRYING TO SAY? SURE.

AND SO WHAT I'M SAYING IS THAT IT WOULD BEHOOVE EVERYONE, I BELIEVE, IF WE HAD ACCESS TO THAT DOCUMENT, EVEN IF IT MIGHT BE RESTRICTED IN SOME MANNER IN ORDER TO, UH, ALLOW US TO OPERATE IN A MORE EFFICIENT MANNER THAN WE MIGHT BE IF WE'RE JUST STABBING AT THIS IN THE DARK.

AND THAT'S KIND OF WHAT I'M GETTING AT.

GO FURTHER IN THE REGULATING PLAN THAN WHAT THE DEVELOPMENT AGREEMENT SAYS.

IF YOU UNDERSTAND, I THINK MAYBE WHEN YOU ASKED ME THE FIRST QUESTION, I THOUGHT YOU WERE TALKING ABOUT THE DEVELOPMENT AGREEMENT, NOT THE REGULATING PLAN.

NO.

SO I THINK IT'S UNDER, IT'S LIKE IT'S VERY HIGH LEVEL DRAFTY.

I DON'T THINK THERE'S ANYTHING, UM, CURRENTLY THAT WOULD, WE COULD SHARE.

IT'S NOT GONNA SAY MUCH DIFFERENT THAN WHAT THE DEVELOPMENT AGREEMENT SAYS.

UM, THEY CAN'T CONFLICT, UM, THEY CAN BE CLARIFIED A LITTLE BIT, BUT THEY, IF YOU, IF THERE'S SOMETHING THAT YOU DON'T LIKE IN THE DEVELOPMENT AGREEMENT, THAT WOULD BE A GOOD PLACE TO START WITH YOUR RECOMMENDATION BECAUSE YOU CAN'T

[01:20:01]

SO WHAT I HEAR YOU SAYING IS THAT FROM A REGULATING PLAN PERSPECTIVE, IF THE WORKING GROUP WAS TO MAKE A RECOMMENDATION, THE STARTING POINT WOULD BE TO FIRST, UH, ADDRESS CONCERNS THAT MIGHT SHOW UP IN THE DEVELOPMENT AGREEMENT, THEN A SECONDARY APPROACH WOULD BE TO, UH, ADDRESS THINGS THAT MIGHT OCCUR IN THE REGULATING PLAN.

IS THAT KIND OF WHAT YOU'RE RE YOU'RE SUGGESTING? YEAH, I THINK, YOU KNOW, GIVEN THE INFORMATION THAT YOU HAVE NOW, I THINK THAT WOULD BE A GOOD WAY TO GO ABOUT IT.

AND WE WON'T HAVE A COPY OF EVEN A DRAFT OF THE REGULATING PLAN UNTIL PROBABLY JANUARY-ISH.

NOW, UH, THIS IS SOMETHING I'VE JUST KIND OF GOTTEN INVOLVED WITH.

SO I DON'T TEND TO BE REALLY KNOWLEDGEABLE ON THIS, BUT I WAS LOOKING UP THE CLEAN WATER ACT, AND I'M SURE YOU KNOW MORE THAN THIS ABOUT THIS THAN I WILL EVER POSSIBLY KNOW, BUT, UH, YOU KNOW, THE CLEAN WATER ACT DEFINES WETLANDS AS BASICALLY ANYTHING COVERED WITH WATER.

AND, UH, I KNOW THERE'S A LOT OF DETAILS BELOW THAT TYPE OF THING.

AND THERE'S SOME REGULATIONS THAT HAVE TO DO WITH WHETHER OR NOT IT'S EMPTIED INTO A FEDERALLY REGULATED WATER WAY, WHICH THE COLORADO RIVER IS, BUT SOME, MAYBE CARSON CREEK IS NOT, ET CETERA, ET CETERA.

AND I KNOW THERE'S BEEN A RECENT SUPREME COURT DECISION THAT IMPACTS THAT AS WELL.

SO THERE'S A LOT OF HIDDEN DETAILS IN THERE, BUT GETTING TO MY SPECIFIC QUESTION IS, DOES ANY OF THIS STUFF THAT HAS TO DO WITH THE, UH, YOU KNOW, FILLING THE, THE PITS, OKAY.

IF THIS IS A, YOU KNOW, A WETLAND FILLING THE PITS MAY FALL UNDER THE CATEGORY OF DESTROY, DESTROYING A WETLAND.

AND ALSO WETLANDS ARE, ARE ALSO DEFINED BY AREAS THAT ARE ADDRESSED BY WATER THAT COMES UP FROM THE SURFACE.

NOW, I'M KIND OF CURIOUS HOW DEEP IS THE, UH, YOU KNOW, THE, THE, YOU KNOW, THE, THE GROUNDWATER BENEATH THE SURFACE? BECAUSE I THINK WE'VE COME TO THE CONCLUSION THAT THE GROUNDWATER IS PRETTY CLOSE TO THE SURFACE THERE, AND IT ALSO INTERACTS WITH THE COLORADO RIVER.

THERE'S AN EXCHANGE OF WATER THERE.

SO YEAH, I'M INTERESTED IN HOW WATERSHED HAS STUDIED THIS AND APPLIED CLEAN WATER ACT AND EPA REGULATIONS TO ALL THIS.

YES.

UH, HOW HIGH FUNCTIONING THE WETLAND IS, WE MAY SAY, YES, YOU CAN REMOVE IT, BUT YOU'RE GONNA MITIGATE IT BY DOING OTHER THINGS.

SO, UM, CITY OF AUSTIN'S WETLAND PROTECTIONS GO A LITTLE FURTHER THAN FEDERAL, UM, PROTECTIONS WHEN IT COMES TO WETLANDS.

AND I WILL ALSO SAY THAT IT CHANGES EVERY TIME A NEW PRESIDENT GETS IN, THEY DO AN EXECUTIVE ORDER, AND EVERYTHING IS UP IN THE AIR AGAIN.

SO WE DEFINE WETLANDS BASED ON THE ARMY CORPS OF ENGINEERS MANUAL.

SO IT TALKS ABOUT WHAT THE VET, THE HYDROLOGY IS, THE SOIL TYPES AND THE, THE PLANTS.

SO IF THOSE THREE COMPONENTS SAY IT'S A WETLAND, WE SAY IT'S A WETLAND.

NOW THAT DOESN'T MEAN IT'S A FEDERALLY PROTECTED WETLAND.

I UNDERSTAND THE WETLANDS ALONG THE RIVER ABSOLUTELY ARE, UM, IT'S A NAVIGABLE WATERWAY, BUT ISOLATED PONDS, UM, THAT AREN'T CONNECTED TO A WATERWAY THAT'S NAVIGABLE, UM, WOULD NOT BE PROTECTED UNDER THE CURRENT ADMINISTRATION.

WELL, YEAH, I UNDERSTAND THAT.

YOU KNOW, IT DEPENDS ON WHICH WAY THE WIND IS BLOWING, YOU KNOW, TO SOME DEGREE IN WASHING EVERYTHING.

SO I, I DO UNDERSTAND THAT.

UH, BUT, YOU KNOW, HYDROLOGY, THE, THE TYPE OF SOIL AND, UH, YOU KNOW, THE VEGETATION OF THE THREE KEY INDICATORS OF YEP.

UH, YOU KNOW, WHAT IS A WETLAND AND THAT SORT OF THING.

AND I GUESS THE INFORMATION THAT I'VE SEEN SO FAR PRESENTED DOESN'T REALLY OUTLINE ALL THAT STUFF.

AND I'M JUST KIND OF CURIOUS, YOU KNOW, IS THIS GONNA BE PRESENTED AT ANY, ANY POINT IN THE WHOLE THING THAT HELPS US TO BETTER UNDERSTAND THE INTERPLAY BETWEEN, IS THIS A WETLAND OR IS IT NOT? AND IF IT ISN'T, THEN THAT'S FINE.

I, I, I DON'T REALLY CARE.

I JUST WANNA SEE THE INFORMATION.

RIGHT.

SO, YOU KNOW, THE DEVELOPMENT AGREEMENT WOULD DEFER TO, YOU KNOW, IT TALKS ABOUT WETLANDS NOT BEING PROTECTED IF IT'S ASSOCIATED WITH A MINING PIT THAT WOULD ESSENTIALLY GO TO HOW THE CITY DEFINES A WETLAND, NOT HOW THE FEDERAL GOVERNMENT DEFINES A WETLAND.

I KNOW.

SO WE USE THE FEDERAL MANUAL TO DEFINE IT, BUT THAT DOESN'T.

BUT THEN WE, WE PROTECT WETLANDS, UM, THAT ARE ASSOCIATED WITH ISOLATED PONDS, UM, IN GENERAL.

SO LIKE IF, UH, THERE'S AN OLD STOCK POND, FOR EXAMPLE, I KNOW RICHARD HATES THIS, BUT IF THERE IS A, A STOCK POND, UM, THAT, YOU KNOW, WAS PERHAPS MANMADE, IT HAS A WETLAND ON IT, SOMEBODY WANTS TO COME IN AND PUT A HOUSING DEVELOPMENT OR WHATEVER, AND THEY WANNA WIPE IT OUT OR GET INTO THE BUFFER, WE DO PROTECT THE WETLANDS THAT MAY OR MAY NOT BE THERE.

UM, DEPENDING ON HOW,

[01:25:01]

OR WE'LL SAY, YOU KNOW, STAY, YOU KNOW, 50 FEET, A HUNDRED FEET AWAY FROM IT.

UM, SO THAT'S A LITTLE BIT DIFFERENT FROM WHAT'S GOING ON IN THE DOG'S HEAD.

SO THE DOG HEAD BASICALLY SAYS, THE WETLANDS, AS YOU KNOW, AS DEFINED BY THE CITY, UM, WOULD NOT BE PROTECTED IF THEY ARE ASSOCIATED WITH THE MINING PIT.

I ASKED THE QUESTION IN PART, 'CAUSE I HAVE A FARM, AND, UH, AT ONE POINT UNDER PREVIOUS ADMINISTRATION, I WAS GOING TO GRADE THE FARM AND FILL IN A LOW SPOT, WHICH HAPPENED TO HAVE A SEASONAL, UH, WETLAND.

AND, UH, THE EPA WAS ALL OVER ME, LIKE UGLY ON AN APE, YOU KNOW, TO PREVENT ME FROM DOING THAT.

AND IT WAS ANNOYING HOW MANY YEARS AGO, WHICH ADMINISTRATION WAS THAT? CURIOUS? UH, WELL, IT WAS, UH, MORE RECENT THAN CARTER, BUT, UH, YEAH, , UH, .

BUT NEVERTHELESS, THE POINT IS THAT, UH, I'VE ENCOUNTERED THIS BEFORE, SO I'M A LITTLE BIT FAMILIAR WITH IT.

AND IT'S BEEN SOME, SOME TIME AGO.

AND I, LIKE YOU SAID, IT DOES DEPEND A LITTLE BIT ON WHO'S PRESIDENT AND, YOU KNOW, VARIOUS OTHER FACTORS.

BUT I JUST A LITTLE BIT CURIOUS ABOUT ALL THIS INTERACTION BECAUSE IT'S, I'VE RUN ACROSS THIS TYPE OF THING ON A PERSONAL BASIS BEFORE.

UH, NOW I, I GOT A NOTE FROM TCQ THE OTHER DAY ABOUT A, UH, UH, AIR QUALITY PERMIT BEING ISSUED FOR 89, 8800 RAMIREZ, UH, LANE, UH, FOR, UH, YOU KNOW, TALK OR FOR DUST.

BASICALLY WHAT IT IS, AND I DON'T, I DON'T KNOW IF YOU FOLLOW THAT STUFF VERY FREQUENTLY.

WE DO NOT IN WATERSHED PROTECTION.

THAT'S A, A STATE AGENCY.

I KNOW YOU GUYS ARE CALLED WATER PROTECTION.

FOR SOME REASON.

I DON'T KNOW, , BUT IN ANY EVENT, THE POINT IS THAT, UH, YOU KNOW, A LOT OF THAT DUST FALLS ONTO THE GROUND.

AND, UH, SO MY CONCERN IS THAT, UH, THERE MAY BE SOME, UH, YOU KNOW, KIND OF SKIPPING AHEAD A LITTLE BIT, THERE'S SOME CONCERNS ABOUT DUST PARTICULATES BEING IN THE GROUND, BEING STIRRED UP DURING CONSTRUCTION.

OR EVEN AT LATER DATES WHEN YOU BUILD, UH, THINGS THERE AS PART OF LIKE A RESIDENTIAL AREA AND THAT SORT OF THING THAT BECOME A, A TOXIC ISSUE.

UH, WHEREAS IT'S NOT SO MUCH NECESSARILY THE CONTENTS OF THE DUST PER SE, FOR EXAMPLE, HEAVY METALS, BUT IT'S THE MERE PRESENCE OF FINE PARTICULAR DUST CAUSING HEALTH PROBLEMS LIKE ASTHMA AND YEAH.

ET CETERA, ET CETERA.

AND, AND YEAH, WHILE WE DO NOT REVIEW AIR QUALITY PERMITS, IF IT'S DUST RELATED, THAT'S KICKED UP BY CONSTRUCTION, THAT IS, UM, SOMETHING THAT IS, THAT CAN BE REGULATED BY OUR, UH, ENVIRONMENTAL INSPECTORS BECAUSE IT IS A TYPE OF EROSION ESSENTIALLY.

SO, UM, YOU KNOW, ENVIRONMENTAL INSPECTORS, IF THERE'S A COMPLAINT, CAN GO OUT AND ASK FOR WATER TRUCKS OR SOME OTHER STABILIZERS OR, YOU KNOW, SOME OTHER, UM, BEST MANAGEMENT PRACTICES TO, UH, LIMIT THE AMOUNT OF DUST THAT GETS KICKED UP.

SO HOW DID THE DOG HEAD AGREEMENT ADDRESS THIS TYPE OF THING? BECAUSE THERE'S A LOT, A LOT OF STUFF IS, YOU KNOW, ENVIRONMENTAL PROTECTIONS ARE WAIVED OR ARE WAIVED VIA ADMINISTRATIVE PROCESS.

WELL, EROSION CONTROL WAS NOT TOUCHED IN THE DEVELOPMENT AGREEMENT.

SO CURRENT CODE APPLIES.

UH, NOW THE, THE CITY'S AGREED TO THE CHANGES OF THE FLOODPLAIN, UH, THAT HAD BEEN PROPOSED BY, UH, ENDEAVOR.

UH, AND SO WHAT I HEARD YOU SAY WAS THAT, UH, WE'RE WAITING ON, ON FEMA TO GET BACK WITH THEIR ANALYSIS.

WHAT'S THE TIMELINE FOR FEMA TO GET BACK? CARL, DO YOU KNOW IF YOU CAN COME, I'M GONNA, I'M GONNA CALL A CALL A FRIEND.

I DON'T KNOW.

IS THAT ALLOWED IN THIS GAME? YES.

HI, CARL MACARTHUR, SUPERVISING ENGINEER WITH THE MODELING AND FLOODPLAIN OFFICE SECTION AND WATERSHED PROTECTION.

UH, SO THE FEMA PROCESS, THEY PRODUCED THE LETTER OF MAP PROVISION WITH THE ASSOCIATED REQUIRED FORMS. THEY SUBMIT IT TO THE REGULATING ENTITY, IN THIS CASE, US, THE CITY.

WE REVIEW IT AFTER WE'VE GONE BACK AND FORTH WITH THEM AND COVERED EVERYTHING, WE SIGN OFF ON IT, THEN THEY SUBMIT IT TO FEMA, AND THEN THE PROCESS CAN TAKE THE, THE TIME CAN VARY.

FEMA MAY GET THE APPLICATION, HAVE COMMENTS AND QUESTIONS, GO BACK TO THE APPLICANT, AND THAT KIND OF RESETS THE FEMA REVIEW CLOCK.

AND THAT CAN HAPPEN MULTIPLE TIMES, OR IF, IF FEMA'S OKAY WITH IT, IT CAN GO FAIRLY QUICKLY.

SO IT VARIES.

WELL, THE REASON I'M ASKING IS THAT, UH, LET'S SAY FEMA APPROVED IT, RIGHT? AND SO EVERYONE'S HAPPY AND IT WAS APPROVED TOMORROW, THEN,

[01:30:01]

THEN IT WOULD BE OKAY.

AND WE COULD MOVE ALONG WITH THAT.

YOU KNOW, WE COULD MAKE DECISIONS BASED UPON THE DATA THAT WAS MUTUALLY AGREED TO BY FEMA AND THE CITY AND DO WHATEVER WE DID.

BUT IF THIS IS A BACK AND FORTH, AND AS LIZ MENTIONED, UH, YOU KNOW, DEPENDS ON WHICH WAY THE WIND BLOWS OUT OF DC RIGHT? AND WE COULD BE SIX, UH, ADMINISTRATIONS INTO THIS BY THE TIME WE HEAR BACK FROM FEMA.

AND I KNOW THAT'S RIDICULOUS.

BUT NEVERTHELESS, THE POINT IS THIS COULD TAKE SOME TIME.

AND, YOU KNOW, IF WE'RE WORKING ON TRYING TO GET AN AGREEMENT ABOUT DIFFERENT THINGS, BUT WE'RE LEFT HANGING BECAUSE WE DON'T KNOW WHAT THE ANSWER TO THE QUESTION IS FOR THREE OR FOUR YEARS, THEN IT'S HARD TO COME TO AN AGREEMENT THAT'S MUTUALLY BENEFICIAL TO THE CITY, TO THE CITIZENS, AND TO, YOU KNOW, ENDEAVOR WHEN WE DON'T KNOW WHAT THE ANSWER IS.

SO I'M TRYING TO FIGURE OUT WHAT WE'RE LOOKING AT HERE IN ORDER TO BE FAIR TO ALL THE PARTIES INVOLVED.

I'M NOT TRYING TO STICK IT TO ANYONE.

I'M JUST TRYING TO FIGURE OUT, YOU KNOW, WHAT, WHAT IN THE WORLD'S GOING ON.

IT, IT DEFINITELY WON'T TAKE THAT LONG.

UM, AND MOST LOANERS, FEMA'S ULTIMATELY GOING TO SIGN OFF ON, THEY JUST TEND TO LIKE TO ASK YOU FOR A BUNCH OF INFORMATION THAT YOU MAY NOT HAVE PROVIDED THE FIRST TIME AROUND.

UM, SO I WOULDN'T EXPECT IT TO TAKE MORE THAN A FEW MONTHS AT THE MOST, A FEW MONTHS, MEANING SIX, LIKE, IT DEPENDS ON HOW MANY QUESTIONS.

I'M NOT, I'M NOT GONNA HUNT YOU DOWN IF YOU, IF IF IT'S SEVEN, I'M JUST TRYING TO GET A, A, YOU KNOW, A GENERAL IDEA.

IT'S SUPPOSED TO BE A 90 DAY PROCESS, BUT LIKE I SAID, AS FEMA ASKS FOR ADDITIONAL INFORMATION, , AND THAT'S, THAT'S A FINE ANSWER.

I MEAN, THAT'S, THAT'S A REASONABLE ANSWER GIVEN THE WAY THE GOVERNMENT WORKS.

SO, YOU KNOW, THE CITY OF AUSTIN IS FAR MORE EFFICIENT.

SO, UH, YOU KNOW, WE'LL GO, YOU KNOW, THAT, THAT'S, THAT'S A FINE TYPE OF, UH, TYPE OF THING.

UH, LIZ, I HAVE A QUESTION WITH REGARD TO THE, THANK YOU, SIR.

I APPRECIATE IT.

LIZ, I HAVE A QUESTION ABOUT THOSE THINGS THAT WERE, THAT THE COUNCIL REQUESTED IN JULY.

YOU KNOW, YOU HAD A COLUMN FOR THAT STUFF.

WHEN IS THAT GOING TO BE ACTUALLY ADOPTED BY COUNCIL? YOU KNOW, LIKE SOLIDIFIED, I MEAN, THERE WAS A LOT OF DISCUSSION ABOUT YOU BROUGHT THOSE THINGS UP AS BEING LISTED.

YEAH, BUT I DON'T RECALL COUNCIL VOTING TO ADOPT THOSE.

THEY DID ADOPT IT.

IT WAS, UH, UM, I THINK ITEM 1 46 OR 1 48, SOMETHING LIKE THAT ON THAT JULY, UM, UH, COUNCIL AGENDA.

SO IT IS, IT IS PART OF THE, THE DEVELOPMENT AGREEMENT THAT IS, YOU KNOW, UH, MAYBE NOT OFFICIALLY SIGNED YET, BUT WILL BE SOON.

I GUESS I FELL ASLEEP WITH THAT.

UH, UH, THE, UH, ALSO THE, UH, THERE'S A LETTER THAT YOU REFERENCED THAT EXTENDS THE DATE FOR THE REGULATING PLAN.

UH, WHEN IS THAT GONNA BE MADE AVAILABLE? I HAVEN'T SEEN A COPY OF THAT.

CAN YOU FORWARD A COPY OF THAT AROUND? OH, THERE WAS A, YEAH, I DON'T KNOW.

I THINK THERE WAS AN EMAIL THAT WAS KIND OF CLARIFIED IT.

UM, DO Y'ALL NEED TO GO GET A DEVELOPMENT AGREEMENT AMENDMENT TO EXTEND THE REGULATING PLAN? SO, UM, YEAH.

SO I THINK IT'S NOT OFFICIAL UNTIL COUNSEL UPDATES THE DEVELOPMENT AGREEMENT.

I'M NOT SURE WHAT THE TIMELINE IS FOR THAT.

I UNDERSTAND.

BUT I'LL TAKE A, UH, YOU KNOW, UH, SOMETHING WITH SIGNED IN BLOOD BY THE APPROPRIATE PARTIES.

I CAN FORWARD YOU AN EMAIL THAT I SAW.

THAT'S, THAT'S FINE.

I THINK IT WAS TO CHAIR KRUGER OR, OR VICE CHAIR BRISTOL.

OKAY, THAT'S FINE.

I JUST, YOU KNOW, WE'RE OPERATING UNDER THE CURRENT AGREEMENT AS FAR AS I UNDERSTAND, WHICH IS OCTOBER 31ST.

AND, YOU KNOW, WE'RE KIND OF BLAZING AHEAD ON THE ASSUMPTION THAT IT WILL BE SOMETIME IN MARCH, BUT I'D LIKE TO SEE SOMETHING OFFICIAL JUST 'CAUSE I'M A STICKLER FOR THAT TYPE OF SURE.

TYPE OF THING.

SO, ANYWAY, I CAN ASK NICOLE TO SEND IT TO THE ENTIRE COMMISSION.

PARDON ME? I CAN ASK NICOLE TO SEND IT TO EVERYONE.

IN THE COMMISSION.

THAT'D BE, I, I, I THINK THAT'D BE GOOD.

I APPRECIATE YOUR, YOUR DILIGENCE AND HARD WORK ON THIS.

I KNOW IT'S REALLY A PAIN IN THE YEAH, HAPPY TO.

WHATEVER.

LOCATION OF THE COLORADO RIVER IS.

SO ANYWAY, THANK YOU MA'AM.

VICE CHAIR, BRISTOL.

CAN'T BELIEVE THERE WERE SO FEW QUESTIONS EARLIER.

UM, SO LIZ, I WANNA TALK A LITTLE BIT ABOUT, UM, THE ALLUVIAL AQUIFERS.

UM, WE DIDN'T REALLY TALK ANY, ANYTHING ABOUT THEM, BUT, UM, HOW ARE THESE BEING STUDIED? HOW ARE THEY BEING MONITORED? KINDA TELL US WHAT YOU KNOW ABOUT THAT.

SO I DON'T KNOW THAT THERE'S ANY CURRENT STUDIES ASSOCIATED WITH THOSE ALLUVIAL AQUIFERS.

UM, UH, YOU KNOW, THEY ARE, UH, ALLUVIAL TERRACE DEPOSITS, UM, FROM THE COLORADO RIVER CAN BE FOUND, UM, IN AREAS ON THE EAST SIDE, SOMETIMES KIND OF FAR AWAY FROM, UH, WHERE THE CURRENT

[01:35:01]

SO YOU'LL SEE KIND OF LIKE THESE LITTLE REMNANT, UM, ALLUVIAL TERRACE DEPOSITS THAT DO ALLOW PRETTY, UH, HIGH INFILTRATION RATES, UM, INTO THE SOIL AND THEN INTO THE, THE GROUNDWATER.

UM, SO IT'S AN AREA THAT, YOU KNOW, I WOULD SAY WE HAVEN'T REALLY SPENT A WHOLE LOT OF TIME STUDYING THEM.

I KNOW THERE'S INTEREST, UM, IN OUR AQUIFER SCIENCE FOLKS TO DO SOME MORE STUDIES, SO, UM, IN, IN THE FUTURE.

UM, BUT, UH, AS OF NOW, I DON'T, I DON'T KNOW THAT I'VE SEEN ANYTHING PLANNED CURRENTLY.

I THINK THERE'S STILL SOME HIGH LEVEL DISCUSSIONS ABOUT WHAT COULD BE DONE.

AND DO THEY, UM, TO YOUR KNOWLEDGE, DO THEY, LIKE, APPEAR TO BE ON BOTH SIDES OF THE RIVER, OR IS THERE YES.

SO THEY'RE BOTH ON, ON BOTH SIDES.

YEAH, I'VE SEEN SOME EVEN CLOSE TO DECKER LAKE, UM, BEEN OUT THERE, AND THERE'S SOME AREAS WHERE IT'S JUST REALLY SANDY.

SO THERE'S, THERE'S LITTLE PATCHES AROUND AND, UM, IT, IF YOU PULL UP A SOIL MAP, THEY'RE KIND OF HARD TO READ, BUT YOU, YOU KNOW, WE, YOU CAN KIND OF SEE WHERE SOME HAVE BEEN MAPPED ALREADY.

THEY'RE, SOME OF THEM ARE KIND OF BIG AREAS.

SOME ARE A LITTLE SMALL.

IT'S CAN, IT CAN BE KIND OF PATCHY, BUT, YOU KNOW, ALL ALONG THE RIVER, BOTH SIDES OF THE RIVER, IT'S PRETTY SANDY.

IT'S GONNA BE ALLUVIAL ALL PRETTY MUCH ON BOTH SIDES OF THE COLORADO RIVER, BUT THE WIDTH OF THAT DEPENDS.

AND SO CURRENTLY THERE'S NOT ANY KIND OF PROTECTION NECESSARILY FOR THOSE? NOT FOR THE SPECIFICALLY FOR THE, THE, UH, THAT TYPE OF SOIL, NO.

NOT THAT TYPE OF SOIL AND NOT THAT TYPE OF GROUNDWATER.

CORRECT.

AND, YOU KNOW, STATE LAW DOESN'T ALLOW THE CITY TO REGULATE GROUNDWATER.

WE CAN REGULATE STORMWATER AND HOW IT FLOWS, UM, INTO AQUIFERS.

SO THAT IS PART OF THE REASON WHY, LIKE, SAY FOR EXAMPLE, IN IN THE KAR AQUIFERS, UM, THERE ARE POINT FEATURES IN THE LANDSCAPE SINKHOLES CAVES WHERE STORMWATER GOES IN.

AND, UM, IT IS A PLACE THAT YOU CAN POINT TO ON A MAP AND SAY, THIS IS WHERE ALL THE STORMWATER GOES IN.

IT'S DIFFERENT HERE.

IT'S ALL DIFFUSE.

SO IT'S NOT LIKE THERE'S A POINT THAT WE COULD SAY AS A CEF THAT, YOU KNOW, WE WANT TO PROTECT THAT OR MANAGE WHERE THE STORMWATER GOES.

IT WOULD BE, YOU KNOW, WE'D HAVE TO LOOK AT SOME OTHER THING, UM, RATHER THAN PROTECTING JUST A WHOLE SOIL TYPE, IT'S A LITTLE MORE COMPLICATED, I GUESS.

UM, SO SPEAKING OF, UH, WHERE DOES THE WATER GO? AND THIS IS A QUESTION, UM, EITHER FOR ENDEAVOR WHO ARE HERE, THANK YOU FOR BEING HERE, BY THE WAY, UH, OR LIZ.

UM, TO TALK A LITTLE BIT MORE ABOUT THE, THE DRAINAGE, UM, THAT'LL GO FROM BASICALLY ONE, THE, WHAT IS IT, THE NORTH END OF THE PROPERTY TO THE SOUTH END OF THE PROPERTY.

HELP ME UNDERSTAND THAT A LITTLE MORE.

UM, SO WE HAVEN'T LOOKED AT THE ENTIRE SYSTEM.

WE'VE SEEN SOME SCHEMATICS, BUT THEY'RE, YOU KNOW, UH, LOOKING TO SEE, UM, HOW TO MANAGE STORM WATER ON THE SITE.

THERE'S A LOT OF PITS, A LOT OF THOSE PITS HAVE WATER IN THEM.

THEY WANNA LOOK AT, UH, KIND OF HOLISTICALLY HOW TO MANAGE THE STORM WATER.

SO THEY ARE GOING TO BE CONSTRUCTING SOME DRAINAGE CHANNELS THAT WILL TAKE, UH, RUNOFF FROM THE DEVELOPED AREAS, PUT THEM IN THESE CHANNELS, THESE, YOU KNOW, KIND OF DITCHES.

BUT THEY'RE, THEY'RE GONNA BE BIG, YOU KNOW, BIG AS A CREEK IN SOME AREAS.

UM, AND DIRECT THE STORM WATER FROM DEVELOPED AREAS INTO SOME, SOME OF THE LARGER, UH, MINING PITS, UM, WHICH WOULD SERVE AS THE, UH, WATER QUALITY, UH, PONDS.

UM, SO, YOU KNOW, IN SOME WAYS, YOU KNOW, IT'S GOOD THEY'RE ALREADY THERE.

YOU CAN PUT 'EM THERE AND IT PREVENTS ANY STORM WATER OUTFALLS, FROM WHAT I UNDERSTAND.

THEY'VE, YOU KNOW, THEY'RE DESIGNING THESE SUCH THAT, UH, THE PITS ARE ALREADY VERY BIG.

THEY CAN HANDLE ALL OF THE STORM WATER.

YOU DON'T NECESSARILY HAVE TO HAVE AN OUTFALL INTO THE RIVER.

SO THEY WOULD GO TO THE PIT AND THEN INFILTRATE SLOWLY, UM, OVER TIME, RATHER THAN GOING DIRECTLY, UH, AS IT, YOU KNOW, DIRECTLY TO THE RIVER.

AND DOES THAT SEEM LIKE, UM, THE HYDROLOGY OF THAT WOULD NEGATIVELY IMPACT AT ALL THE ALLUVIAL AQUIFERS? OR DOES THAT SEEM LIKE IT'S ALL GONNA FLOW CON IT CONCEPTUALLY AT THIS POINT, UH, TOGETHER? SO WE'RE THEY, YOU KNOW, WE'RE REVIEWING THE, THE, THE, WHAT THEY HAVE PROPOSED TO US TO SEE.

UM, SO WE HAVE TO LOOK AND SEE, DO, UH, BASED ON THE, THE BEST AVAILABLE INFORMATION THAT THEY HAVE, UM, WILL THIS FUNCTION AND REMOVE THE POLLUTANTS AT THE SAME LEVEL AS CURRENT CODE DOES.

AND SO WE'RE REVIEWING THAT.

UM, HOPE WE CAN GET THERE, UH, BECAUSE, YOU KNOW, IF IT, IF IT DOES, THEN HEY, WE'RE GREAT.

UM, NOW I WILL SAY THAT, YOU KNOW, THIS IS NOT A

[01:40:01]

SO BARTON SPRING ZONE.

IT'S NONDEGRADATION RIGHT? EVERYWHERE ELSE IN TOWN, IT'S NOT AT THAT LEVEL.

AND SO IT, YOU KNOW, IT NEEDS TO BE AT LEAST AS GOOD AS WHERE, YOU KNOW, THE REST OF AUSTIN OUTSIDE OF NONDEGRADATION.

SO WILL I, WILL I SAY THAT IT, THERE WILL BE NO POLLUTANTS OF THE AQUIFER? I DON'T THINK I COULD SAY THAT.

UM, BECAUSE EVEN OUR CURRENT STANDARDS WOULDN'T NECESSARILY SAY THAT.

UM, BUT, UH, YOU KNOW, IF IT, THEY HAVE TO SHOW THAT IT MEETS CURRENT PER CURRENT CRITERIA AND WE'RE, WE'RE, YOU KNOW, JUST GOT, I THINK I GOT THAT LAST WEEK MAYBE.

SO WE'RE STILL REVIEWING.

OH, OKAY.

SO YOU HAVE GOTTEN SOMETHING YES.

UM, SO WE TALKED ABOUT THE FEMA MAPS EARLIER, KIND OF GOING BACK AND LOOKING AT YOUR MAPS THAT YOU HAD IN YOUR SLIDES.

CAN WE PULL THOSE UP REALLY QUICK? AND I SPECIFICALLY, I'M THINKING ABOUT THE YELLOW BLUE MAPS.

YEAH, IT'S PAGE 13.

AND WHILE WE'RE WAITING FOR THAT, I WANNA SAY THANK YOU LIZ.

UH, I ECHO OTHER COMMISSIONER'S, UH, STATEMENTS ON HOW, HOW MUCH WORK, UH, THAT THIS WAS TO PULL US TOGETHER AND WE REALLY DO APPRECIATE THIS.

WELL, THAT'S COMING UP.

IF I MAY ADDRESS, UM, ONE OF THE QUESTIONS OR COMMENTS FROM THE, UM, MEMBER OF THE AUDIENCE THAT HAD ABOUT CRITICAL WATER QUALITY ZONES, UNLESS THAT WAS ANOTHER, IF THAT'S OKAY WITH Y'ALL.

YEAH, YEAH.

GOOD.

WHILE, WHILE WE'RE WAITING FOR THAT TO COME UP.

UM, SO THE CURRENT CODE ALREADY HAS KIND OF A LONG LIST OF THINGS THAT CAN BE DONE IN A CRITICAL WATER, CRITICAL WATER QUALITY ZONE, INCLUDING UTILITY CROSSINGS, INCLUDING STREET CROSSINGS.

THE DEVELOPMENT AGREEMENT DID GO, YOU KNOW, PUT SOME OF THE LANGUAGE THAT IS ALREADY IN CURRENT CODE INTO THE DEVELOPMENT AGREEMENT BECAUSE, YOU KNOW, THEY WANT SECURITY THAT IT'S NOT GOING TO CHANGE, UM, WITH CURRENT CODE AS CURRENT CODE CHANGES OVER THE 45 YEARS.

THEY WANNA BASICALLY SAY WHAT, WHAT IS ALREADY ALLOWED AND PUT THAT IN THE AGREEMENT.

IT DID INCLUDE SOME OTHER THINGS, UM, THAT WERE BEYOND CURRENT CODE A LITTLE BIT.

UM, I, I DON'T HAVE THE LIST IN FRONT OF ME, BUT WE CAN GET THAT TO YOU AS WELL.

LIKE, YOU KNOW, THIS IS, I COULD, I WOULD BE HAPPY TO SEND YOU A LIST OF LIKE, THIS IS WHAT CURRENT CODE ALLOWS, AND THIS IS A, YOU KNOW, WHERE THE, THE DEVELOPMENT A AGREEMENT GOES, MAYBE A LITTLE BIT BEYOND WHAT CURRENT CODE SAYS.

SO WHEN I'M, WHEN I'M LOOKING AT THE BLUE MAP HERE AND, UM, I, I FULLY UNDERSTAND, YOU KNOW, THAT, THAT THE, THE MINE MINING OPERATIONS, YOU KNOW, WOULD, WOULD REGISTER AS SOMEWHERE THAT'S GONNA FLOOD.

UH, AND I, I UNDERSTAND, YOU KNOW, THAT THOSE ARE ALL GONNA CHANGE WHEN I LOOK AT THIS THOUGH, ESPECIALLY ALONG THE RIVER, IT'S A PRETTY BIG EXPANSE OF, OF THE FLOODPLAIN.

AND, UM, AND THEN WHEN I LOOK AT THE YELLOW MAP, IT'S QUITE A BIT SMALLER.

AND SO IS THIS THE ONE YOU'RE REFERRING TO? UM, NOT THIS ONE.

SO THIS IS, SO, UM, THIS IS THE, LET ME GO BACK TO THE ONE WE HAD UP.

SO THIS IS THE PROPOSED MAP.

THIS IS THE PROPOSED FLOODPLAIN.

LET'S SEE.

THIS ISN'T GOING.

AND WHO, WHO CREATED THIS ONE? UH, LET'S SEE.

THIS IS MOODY ENGINEERING.

AND WAS THAT COMMISSIONED BY ENDEAVOR, OR IS THAT LIKE SOMETHING THAT THE CITY DID? IT IS NOT FROM THE CITY.

IT WOULD BE THE LANDOWNER.

UM, SO THIS IS ESSENTIALLY WHAT THE, THE FLOODPLAIN MAP SHOWS IN OUR GIS PROPERTY PROFILE.

NOW, LIGHT BLUE IS 500 YEAR FLOODPLAIN, WHICH WE DON'T REGULATE TO BLUE.

IS THE HUNDRED YEAR FLOODPLAIN OR THE DARKER BLUE IS THE A HUNDRED YEAR FLOODPLAIN.

SO THAT'S BASICALLY WHAT, UH, YOU KNOW, THE DARK BLUE IS WHERE OUR, YOU KNOW, UH, REGULATORY FLOOD PLAIN WOULD BE, UM, GOING TO THE AIR.

SO THE, THE KIND OF THE ORANGE LINE IS STILL THE 500 YEAR, AND THEN THE DARK LINE SHOWS WHERE THE PROPOSED NEW A HUNDRED YEAR FLOODPLAIN WOULD BE BASED ON THE MODELING THAT THEY'VE DONE.

SO IT DOES REMOVE A LOT OF THE MINING PITS FROM THE A HUNDRED YEAR FLOODPLAIN.

AND THIS IS BASED ON THEIR MODELS AND ANALYSIS OF, YOU KNOW, WHAT THE, WHAT THE ACTUAL FLOODPLAIN REALLY IS OUT THERE.

SO, YEAH, SO AS YOU'RE KIND OF COMING UP LIKE THE NECK OF THE DOG THERE, UM, IT, IT LOOKS LIKE, YOU KNOW, THAT HAS BEEN GREATLY REDUCED IN, IN WHAT WOULD ACTUALLY FLOOD.

SO, AND THAT'S BECAUSE OF CONTOURING AND

[01:45:01]

MODELING.

RIGHT.

AND DO YOU WANNA TALK ABOUT WHAT GOES INTO A LOOMER? CARL CARL, COME BACK UP, PLEASE HELP ME.

UM, ALL RIGHT.

SO FOR THIS LETTER OF REVISION AND FOR MANY TYPES OF LETTERS OF MAP PROVISION, UM, THEY WILL GO OUT SURVEY.

AH, ALRIGHT.

I'M GONNA POINT ON THE GREEN, THIS ONE.

OH, SORRY.

BUT YEAH, IF YOU COULD STAY BY THE MIC FOR THE ONLINE FOLKS.

YEAH, SO THAT RED LINE, UM, IS THE NEW FLOODPLAIN BOUNDARY THAT THEY'VE ESTABLISHED BASED ON, ON THE GROUND SURVEY THAT THEY'VE DONE, UM, IN THAT AREA.

SO, AND IF, IF YOU LOOK AT THE EFFECTIVE FEMA MAPS AND WHERE THE PITS WERE WHEN THAT WAS DONE AND WHERE THE PITS ARE NOW, THERE'S OBVIOUS DIFFERENCES THERE ALREADY.

BUT YEAH, THIS, THIS IS BASED ON THEIR SURVEY WORK.

AND SO, UM, SO THE CITY, SO IT'S PROPOSED BY, BY THE DEVELOPER APPROVED BY THE CITY, AND THEN ALSO REVIEWED BY FEMA, CORRECT? CORRECT.

AND SO WHAT INPUT, I MEAN, I UNDERSTAND THAT THE CITY OF AUSTIN IS APPROVING IT, BUT ARE THEY ALSO, ARE YOU ALSO RUNNING YOUR OWN MODELING THAT'S GETTING LAID OVER TOP OF THAT? WELL, THEY'VE, THEY DID FAIRLY EXTENSIVE MODELING IN COLORADO.

WE WOULD USE THE SAME MODEL THAT THEY USED BASICALLY.

AND IS THAT NORMAL? YEAH, THEY'LL TYPICALLY TAKE OUR REGULATORY MODEL, UPDATE IT WITH WHATEVER THEY HAVE.

WE'LL REVIEW THAT.

IF WE AGREE WITH IT, WE'LL SIGN OFF ON IT.

YEAH, JUST, YEAH, I MEAN, IT SEEMS LIKE, IT SEEMS LIKE, I MEAN, TO ME IT SEEMS LIKE IT'D BE THE OTHER WAY AROUND, RIGHT? THAT THE CITY WOULD, WOULD HAVE THE MODEL AND THAT THE, THE DEVELOPER WOULD SIGN OFF ON IT.

BUT IT'S JUST ME.

WELL, I DON'T KNOW.

AND MAYBE A COUPLE OTHER PEOPLE.

I MEAN, THE, THE DEVELOPER IS SIGNING AND SEALING ALL THE ENGINEERING THAT GOES INTO THE LOANER, BUT IT REQUIRES A CITY OFFICIALS SIGNATURE BEFORE IT GOES TO FEMA THAT IT'S BEEN REVIEWED AND IS OKAY WITH THE COMMUNITY.

JUST TO ADD, IS IT NORMAL? SO YES.

UM, DEVELOPMENT PROJECTS DO THIS FAIRLY REGULARLY.

UM, IN FACT, SOMETIMES WE REQUIRE THEM TO MODEL THE FLOODPLAIN IF WE DON'T HAVE OUR OWN MODEL.

SO IF THEY COME IN AND THERE'S A, A, A CREEK WITH 64 ACRES OF DRAINAGE AND NO MO FLOODPLAIN IS SHOWN, WE KNOW THERE'S A FLOODPLAIN, WE'LL ASK THEM TO MODEL IT AND REVIEW IT.

AT THE SAME TIME, WE'RE ALSO UPDATING OUR MODELS, UM, WHICH IS A YEARS LONG PROGRE, YOU KNOW, PROJECT.

UM, SO WE WILL HAVE UPDATED MODELS AS WELL FOR THE CITY, FOR THOSE SMALLER DRAINAGES EVENTUALLY.

UM, I'M NOT SURE IF THIS IS PART OF ALL THAT.

PROBABLY NOT COLORADO.

YEAH, THE COLORADO RIVER IS NOT PART OF THAT EFFORT.

UM, BUT IT IS, IT IS FAIRLY COMMON FOR THE CITY TO SAY, HEY, YOU NEED TO MODEL THIS.

AND THEN, YOU KNOW, BUT THEY USE STANDARD ENGINEERING PRACTICES TO DO IT.

SO IT'S, YOU KNOW, THEY WOULD DO THE SAME WORK THAT WE WOULD DO.

UM, YEAH, IT JUST SEEMS LIKE THAT NORTHERN PART GETS REALLY SLIMMED DOWN THERE AND THEN ALSO KIND OF ON THE NOSE GETS REALLY SLIMMED DOWN, UH, ON THIS MAP.

I CAN'T SEE THE, THE BOTTOM PART AS IT COMES CLOSER TO CARSON CREEK, BUT IT DOES LOOK LIKE THERE'S SOME, SOME BLUE OR GRAY THAT KIND OF COMES POPPING IN THERE A LITTLE BIT.

UM, I, I MIGHT COME BACK TO THIS AND, AND I GUESS WHAT I'M ALSO THINKING IS, IS I REMEMBER WHEN WE WERE STANDING OUT THERE LOOKING AT THIS PROPERTY, UM, WHEN WE TOOK A TOUR, AND I'M GRATEFUL FOR THE TOUR, UM, THAT THERE WAS A MENTION THAT, UM, WHERE WALNUT CREEK COMES INTO THE COLORADO RIVER AFTER THE 2015 FLOOD, THAT CHANGED BY LIKE 800 FEET.

UM, AND THAT WAS, YOU KNOW, WHAT SIX, WHAT IS IT, YOU KNOW, 2015, THAT'S NOT TOO LONG AGO.

THEN THERE WAS ANOTHER FLOODING EVENT 2017 THAT ALSO SHIFTED SOME OF THE, THE, UM, WALNUT CREEK AREA.

SO, WHICH IS RIGHT THERE, RIGHT, LIKE COMING IN RIGHT WHERE IT GETS SLIMMED DOWN THE MOST.

SO I JUST, I'M, I GUESS I'M, I FEEL A LITTLE CONCERNED ABOUT THAT, THAT NORTHERN PART.

[01:50:01]

SO THE WALNUT IS, UM, YOU KNOW, ON THE OTHER SIDE OF, UH, OF THIS, UM, OF COURSE IT IS A LARGE DRAINAGE AREA.

UM, BUT IT, YOU KNOW, I DON'T, ALL OF THAT WOULD'VE HAD TO HAVE BEEN TAKEN INTO ACCOUNT, UM, FOR THIS UPDATE.

SO, UM, YOU KNOW, THEY, THEY USE THE BEST, THE, THE MOST UPTODATE INFORMATION THAT THEY CAN, THEY HAVE AVAILABLE IN ORDER TO, TO DO THESE, UH, LETTERS OF MAP REVISION.

UH, YEAH.

COUNTRY CLUB WEST.

OH, WERE YOU THINKING MAYBE COUNTRY CLUB WEST OR WALNUT? WALNUT.

WALNUT, YEAH, WALNUT DID, YEAH.

IT KIND OF MEANDERED TO THE RIVER AND THEN DURING A FLOOD, IT BASICALLY, YOU COULD SEE OVER TIME THE, THE DISTANCE BETWEEN THE WALNUT AND THE COLORADO RIVER, YOU KNOW, GOT LESS AND LESS AND THEN SUDDENLY IT JUST BUSTED THROUGH.

SO, UM, YOU KNOW, THAT, THAT TYPE OF EROSION DOES HAPPEN.

UM, THAT DOESN'T NECESSARILY CHANGE THE AMOUNT OF WATER GETTING INTO THE RIVER, I WOULD SAY.

BUT IT DOES, IT DOES CHANGE THE RIVER BANK.

IT CHANGE, IT DOES CHANGE THINGS.

UM, OKAY.

SO I, ON THE, ON THE TREE SURVEY, UM, YOU MENTIONED THAT LIGHTLY.

IS THAT, LIKE, ARE TREE SURVEYS DONE WITHIN THE FLOODPLAIN ONLY ON THIS PROPERTY OR IS IT, UH, SURVEYS OUTSIDE THE PROPERTY AS WELL? I MEAN, OUTSIDE THE FLOOD POINT? YEAH, SO, WELL IT SAID CRITICAL WATER QUALITY ZONE.

SO WITH, SO THE, THE DEVELOPMENT AGREEMENT SAYS THAT TREE SURVEYS ARE NOT REQUIRED, UM, EXCEPT IN THE CRITICAL WATER QUALITY ZONE.

SO IF THEY ARE NOT PROPOSING ANY DEVELOPMENT IN THE CRITICAL WATER QUALITY ZONE, THERE MAY OR MAY NOT BE A SURVEY REQUIRED.

UM, IF IT'S ALL UPLANDS THAT THEY'RE PROPOSING, THEN THEY WOULD NOT REQUIRE A TREE SURVEY.

UM, LET ME LOOK AT MY NOTES HERE, CHAIR REALLY QUICK.

UM, I THINK THOSE ARE ALL MY QUESTIONS FOR RIGHT NOW.

UM, WE CAN KEEP THIS UP 'CAUSE MY QUESTIONS ARE ALSO GONNA START WITH THE FLOOD PLAIN.

SO THANK YOU FOR SETTING ME UP.

COMMISSIONER BRIER AND VICE BRISTOL.

DO YOU HAVE A YEAH, WE'LL, I'LL, I'LL GO BACK AROUND FOR MORE.

STUDY DONE BY THE INFORM GROUP AT THE FEDERAL CONSORTIUM CORPS OF ENGINEERS WAS THE LEAD.

UM, I WANNA AGREE WITH EVERYTHING THAT THE VICE CHAIR SAID IN TERMS OF EXPRESSING CONCERN AROUND THE MAPS THAT I'M SEEING AND THE PROCESS THAT I'M HEARING ABOUT.

SO, WHAT I'VE HEARD FROM YOU, THE REVIEW AND APPROVAL PROCESS, UM, WITHIN THE CITY, THAT'S A CITY OF AUSTIN FLOODPLAIN OFFICE THAT IS IN WATERSHED.

YOU REVIEW MODELING THAT COMES FROM THE APPLICANT.

UM, DOES THAT INCLUDE A SITE VISIT? ARE THERE INTERVIEWS WITH CURRENT RESIDENTS IN THE AREA? WHAT KIND OF HISTORIC FLOODING IS TAKEN INTO ACCOUNT? CAN YOU BREAK DOWN FOR ME IN DETAIL WHAT THAT REVIEW PROCESS LOOKS LIKE? UH, IT DOESN'T TYPICALLY INCLUDE TALKING WITH RESIDENTS IN THE AREA.

IT'S, IT'S AN ENGINEERING BASED REVIEW GENERALLY BASED ON WHAT THE, UM, DEVELOPER'S, ENGINEER SUBMITS.

IF WE THINK WE NEED TO DO A SITE VISIT, WE CERTAINLY GO OUT THERE.

UM, DID YOU DO A SITE VISIT IN THIS CASE? NO.

NO.

WHAT, WHAT MADE YOU DETERMINE THAT IT WASN'T NECESSARY IN THIS CASE TO DO A SITE VISIT? WELL, THEY'VE PROVIDED THEIR DETAILED SURVEY DATA FOR THAT AREA THAT ACTUALLY CHANGES THE FLOOD PLAIN.

SO, SO WHAT DO THE MODELS SHOW? LIKE DOES IT GO RUN THROUGH DIFFERENT FLOODING EVENTS THAT TAKE INTO ACCOUNT CLIMATE, CLIMATE CHANGE, OR A CERTAIN, YOU KNOW, NUMBER OF INCHES OF RAINFALL WITHIN A CERTAIN TIME PERIOD? LIKE WHAT IS INCLUDED IN THOSE SCENARIOS? YEAH, COLORADO'S COMPLICATED.

SO THE CURRENT EFFECTIVE MODELS WERE EVOLVED FROM A FLOOD DAMAGE VALUATION PROJECT BY THE LCRA BACK IN THE MID NINETIES.

UM, THEY DID COMPREHENSIVE MODELING OF THE WATERSHED FOR FEMA REQUIRES MAPPING OR ANALYSIS OF THE TEN, FIFTY, A HUNDRED AND FIVE HUNDRED YEAR EVENT.

THEY DID OTHER THINGS IN THAT.

SO THAT'S, THAT'S WHERE THE MODELS AND THE FLOWS COME FROM.

THE FLOWS ARE PRIMARILY DRIVEN OR THE REGULATED BY MANSFIELD DAM.

SO THAT'S THE PRIMARY CONTROL ON THE FLOWS.

THERE IS A MORE RECENT, UM,

[01:55:01]

WE DID HAVE DEVELOPER ENGINEERS TAKE A LOOK AT WHAT THE FLOWS WERE FROM THAT NEWER STUDY.

UM, AND THEIR, THEIR MAPPING STILL HELD UP WITH THOSE FLOWS THAT ARE A LITTLE HIGHER.

SORRY, CAN YOU, OKAY.

SO A LOT OF THE DATA IT SOUNDS LIKE CAME FROM THE LCRA IN THE NINETIES, AND THEN THERE'S ALSO SOME DATA FROM THIS INFORM GROUP WHO'S PART OF THAT CONSORTIUM? AGAIN, THE CORPS OF ENGINEERS WAS THE LEAD AGENCY.

FOR THE STUDY US GEOLOGICAL SURVEY.

FEMA, DO YOU KNOW ROUGHLY WHAT YEAR THAT DATA IS FROM? WHEN DID THEY FINISH THAT? WITHIN THE LAST FIVE YEARS.

OKAY, GREAT.

AND DO THOSE MODELS TAKE INTO ACCOUNT CLIMATE CHANGE? NO.

NO.

YEAH, THAT'S, THAT'S CONCERNING TO ME.

THAT WAS, THAT WAS .

RIGHT? SO, UM, YES, THEY DID CONSIDER ATLAS 14, WHICH AT LEAST BRINGS THE DATA PRETTY MUCH UP TO DATE.

UM, BUT THERE WERE NO, THERE WEREN'T CLIMATE CHANGE SCENARIOS.

INCORPORATED IN THAT ANALYSIS.

AND WHERE ARE WE, WHERE IS MANSFIELD DAM IN THE LIFE OF ITS EXISTENCE? HOW'S MANSFIELD DAM DOING? 'CAUSE I KNOW YOU MENTIONED A LOT KIND OF HINGES ON MANSFIELD DAM.

I, THAT'S, IT'S MORE OF A QUESTION FOR THE LCRA.

THEY'RE THE ONES THAT OWN, OPERATE, MAINTAIN IT.

UM, BUT IT'S NOT GOING ANYWHERE ANYTIME SOON.

THEY OKAY.

THEY PUT A LOT OF EFFORT INTO MAINTAINING THE OPERATIONS OF THAT DAM AND THEY DO A LOT TO PROTECT IT IN HOW THEY OPERATE AS YOU GET FLOODS, HOW MUCH THEY RELEASE.

UM, SO IT'S ALL DRIVEN TOWARD PREVENTING AS MUCH FLOODING AS THEY COULD CAN AND THEN SAVING THE DAM IF IT GETS TOO BIG.

SO.

THAT'S WHY THE 500 YEARS SO MUCH BIGGER.

IT'S ABOUT THREE TIMES AS MUCH FLOW MM-HMM .

AS THE HUNDRED YEAR.

UM, AND THE, THE MODELING THAT YOU REVIEWED THAT CAME FROM ENDEAVOR, IS THAT COMPLETED BY THEM OR AN INDEPENDENT CONSULTANT OR CONTRACTOR? IT WAS COMPLETED BY MOODY ENGINEERING MOODY.

UM, AND THEN IF WE COULD PULL BACK UP THE MAP PHOTO AGAIN.

UM, 'CAUSE MY UNDERSTANDING THAT THE IMPETUS, LET'S SEE THIS ONE OR THIS ONE.

OH, UM, I THINK THIS ONE'S FINE.

UM, IN GENERAL? OR IN GENERAL? YEAH.

THE IMPETUS FOR CHANGING THE MAP IS TO DISCOUNT SOME OF THE MINING AREAS, AND I CAN CERTAINLY SEE WHERE THE MINING PITS ARE ON HERE, BUT THE AREA TO ME LOOKS LARGER EVEN BEYOND THAN WHAT I WOULD CONSIDER PART OF THE MINING AREA.

SO CAN YOU DESCRIBE THE AREA THAT WOULD NOW BE REMOVED FROM THE A HUNDRED YEAR FLOODPLAIN? LIKE IS IT, YEAH, SO EXCLUSIVELY MINING PITS, LIKE WHAT DOES THAT LAND LOOK LIKE? YEAH.

NOT NECESSARILY ONLY THE MINING PITS.

I THINK WHAT THE, YOU KNOW, AND THEY CAN TALK ABOUT THE REASONS FOR THIS, BUT THEY WANTED TO MAKE SURE THAT THE, THE FLOODPLAIN MAP THAT THEY'RE USING IS THE MOST UPTODATE AND ACCURATE BASED ON THE MOST UPTODATE ACCURATE INFORMATION THAT THEY HAVE.

AND THAT'S WHAT USUALLY THESE ARE FOR, IS TO SAY, WELL, YOU KNOW, BASED ON ALL THE BEST AVAILABLE DATA THAT WE HAVE, THIS IS, AND THE SURVEY INFORMATION THAT WE HAVE, THIS IS WHAT THE ACTUAL FLOOD PLAIN IS.

BECAUSE MAPS ARE NOT ALWAYS, UM, YOU KNOW, THEY'RE, THEY'RE NOT ALWAYS RIGHT.

SO I THINK THEY WERE SAYING, I'M GOING TO THIS.

SO THE BLUE AREAS, THE DARK, SORRY, THE DARK BLUE AREAS, UM, ARE WHERE THE A HUNDRED YEAR FLOODPLAIN IS, WAS MAPPED HERE YOU GO HERE AND THE DARK AREAS HERE.

UM, SO, AND THE, THE LMER THAT I'M SHOWING YOU IS REALLY ONLY ABOUT THE COLORADO RIVER.

SO THIS CARSON THAT'S KIND OF GOT ITS OWN THING GOING ON.

IT'S COMPLICATED, BUT LIKE THE, THE, THE, THE COLORADO RIVER FLOODPLAIN IS WHAT WAS BEING CHANGED BY THIS PARTICULAR LMER THAT IS ON THE, UM, IN THE PRESENTATION.

UM, YEAH, I MEAN, I GUESS I'LL JUST ECHO MY CONCERN AND THAT IT, THAT IS A SIG EX A SIGNIFICANT AREA.

UM, I'M CURIOUS, WHEN AND WHERE WAS THE LAST TIME THE CITY OF AUSTIN APPROVED UPDATES TO THE FLOOD FLOODPLAIN?

[02:00:02]

NOT ON LIKE HOW OFTEN OF AN OCCURRENCE IS THAT? WHAT WERE SOME OF YOUR MOST RECENT CASES THAT, THAT YOU APPROVED? WHERE WERE THEY? I WOULD SAY WE PROBABLY GET FIVE TO 10 LETTERS OF MAP PROVISION A YEAR.

SOMETHING THAT BALLPARK.

UH, THERE WAS ACTUALLY ONE ACROSS THE RIVER CLOSER TO 180 3 THAT WAS, UM, APPROVED RECENTLY.

THE TESLA FOLKS HAVE DONE A LOT FURTHER DOWNSTREAM.

THAT'S MOSTLY THE COUNTY DEALING WITH THAT.

UM, THEY'RE, THEY CAN OCCUR ANYWHERE IN THE CITY WHERE WE HAVE MAP FLOODPLAINS BASICALLY.

SO THE MOST RECENT ONE THAT YOU RECALL WAS ALSO IN, IN THE SAME AREA CONNECTED TO TESLA OR CONNECTED TO A SIMILAR AREA? YEAH, THERE WAS ANOTHER RECLAIMED MINING AREA ON THE OTHER SIDE OF THE RIVER NEAR 180 3.

AND THAT WAS WITHIN THE LAST YEAR.

WAS THAT ALSO THE A HUNDRED YEAR FLOOD PLAIN THAT WAS AMENDED? MM-HMM .

AND THEN I GUESS THE LAST THING I JUST WANTED TO HIGHLIGHT WAS THE ADJUSTMENTS TO VARIANCE APPROVALS AND WHAT THAT MEANS FOR THIS COMMISSION.

'CAUSE I THINK IT'S SOMETHING THAT EVERY COMMISSIONER SHOULD BE AWARE, UM, AS IT DIRECTLY IMPACTS ALL OF US HERE.

SO TYPICALLY ON THIS COMMISSION WE SEE VARIANCES, UM, RELATED TO THE LAND DEVELOPMENT CODE, UM, INCLUDING HERITAGE TREE ORDINANCES, WATER AND WASTEWATER, CUT AND FILL.

ARE THERE ANY OTHER, CAN YOU REMIND ME, ARE THERE ANY OTHER VARIANCE REQUESTS THAT WE TYPICALLY SEE? OH, HERITAGE TREE.

SO YOU HAVE, UM, PURVIEW OVER VARIANCES ASSOCIATED WITH WATER QUALITY AND, UH, AND TREE PROTECTIONS ESSENTIALLY.

SO, UM, SO ANYTHING THAT, YOU KNOW, ANYTHING RELATED TO WATER QUALITY OR TREES WOULD COME TO YOU ALL.

NOW, THERE MAY BE OTHER SECTIONS OF THE CODE THAT HAVE OTHER TYPES OF VARIANCES THAT WOULDN'T NECESSARILY COME TO YOU.

THEY HAVE THEIR OWN PROCESS, BUT YOURS WOULD BE, YOU KNOW, ESSENTIALLY THE, THE, THE TYPES OF DEVELOP OR DEVELOPMENT A LOT SHOWN IN HERE, CUT AND FILL, UH, CONSTRUCTION ON SLOPES.

UM, UH, CRITICAL WATER QUALITY ZONE.

UH, IMPERVIOUS COVER VARIANCES ARE PRETTY RARE, BUT, UH, THEY DO OCCUR FROM TIME TO TIME.

SO THINGS LIKE THAT.

UH, WHAT ARE THE TYPES OF VARIANCES THAT YOU WOULD HAVE, UM, THAT, THAT THE CODE REQUIRES YOU TO MAKE A RECOMMENDATION ON? OKAY.

HAVE YOU EVER SEEN A SIMILAR CITY CONTRACT WHERE FOR 45 YEARS A COMMISSION WAS THAT ADMINISTRATIVE APPROVAL WAS GIVEN FOR ALL VARIANCE REQUESTS AND COMMISSIONS WERE BYPASSED IN THAT WAY? NOT FOR ALL VARIANCE REQUESTS.

UM, THERE ARE OTHER AGREEMENTS, UH, PUDS, OTHER DEVELOPMENT AGREEMENTS THAT MIGHT, YOU KNOW, GRANT, UM, ADMINISTRATIVE AUTHORITY OR SOME, YOU KNOW, SOMETHING TO CERTAIN, CERTAIN SITUATIONS.

UM, YOU KNOW, MAYBE THEY ALLOW CUT AND FILL UP TO A LARGER AMOUNT WITHOUT A VARIANCE OR, UH, THINGS LIKE THAT.

BUT NOT, NOT SOMETHING I, I, I AM NOT AWARE OF ANYTHING THAT WOULD HAVE GONE QUITE THIS FAR.

AND ANYTHING ON THIS TIMESCALE EITHER.

YOU KNOW, DEVELOPMENT AGREEMENTS DO HAVE A PRETTY LONG TIMESCALE, UH, ASSOCIATED WITH THEM.

AND PUDS ARE BASICALLY IN PERPETUITY UNTIL ZONING CHANGES.

UM, ALL RIGHT, WELL, BEFORE WE GO BACK TO COMMISSIONER BRI, VICE BRISTOL FOR QUESTIONS, JUST WANNA GIVE A CHANCE TO OTHER FOLKS WHO MAY BE BYPASSED ON QUESTIONS THE FIRST TIME.

ARE THERE ANY OTHER QUESTIONS FROM OTHER COMMISSIONERS THIS TIME? COMMISSIONER LUKI.

BUT WE DON'T REGULATE TO THAT, LIKE LIZ SAID.

I'VE FINALLY THOUGHT OF ONE.

UM, WHAT ARE THE CURRENT REGULATIONS FOR RESIDENTIAL CONSTRUCTION IN A FLOODPLAIN? I MEAN, IF YOU'RE GONNA BUILD A HOUSE IN A FLOODPLAIN, WHAT DO YOU HAVE TO DO HIGH UP AS A GO? NOT ALLOWED .

IT'S A, IT'S A NUANCED QUESTION.

UM, OUR PREFERENCE IS THAT PEOPLE DON'T BUILD HOUSES IN THE FLOODPLAIN.

UM, THERE ARE ADMINISTRATIVE AND COUNCIL APPROVED VARIANCE ROUTES, UH, THAT DO ALLOW FOR CONSTRUCTIONS OF HOMES IN THE FLOODPLAIN.

THEY HAVE TO MEET AS MANY OF THE RULES AS POSSIBLE.

SAFE ACCESS IS TYPICALLY THE ONE THAT GETS THE VARIANCE, UH, FOR RESIDENTIAL HOME CONSTRUCTION.

MY UNDERSTANDING FOR THIS DEVELOPMENT IS THAT NONE OF THE PLACES WHERE THEY MIGHT PUT HOMES WOULD BE IN THE FLOODPLAIN.

IT'LL BE IN THE COLORADO 500 YEAR FLOODPLAIN, PERHAPS,

[02:05:01]

NO, I WAS CURIOUS ABOUT THAT.

I HAD A FRIEND WHO HAD TO BUILD A HOUSE ONE TIME AND, AND IT WAS IN A FLOODPLAIN, AND HE WENT, HE HAD TO DO A LOT TO GET THAT BUILT.

IT WAS QUITE, QUITE AN OPERATION.

IT, IT'S AN EFFORT.

AND THEN AT THE END, YOU HAVE TO DO AN ELEVATION CERTIFICATE TO SHOW YOU BUILT IT TO THE RIGHT HEIGHT, AND THAT GOES TO FEMA.

THAT HOUSE ISN'T GOING ANYWHERE, THAT'S FOR SURE.

ANY OF THE ONLINE FOLKS HAVE ANY OTHER QUESTIONS RIGHT NOW? NO.

, THANK YOU.

WE CAN'T SEE YOU, BUT I HEARD THAT THE ANSWER WAS NO.

SO LET'S GO TO COMMISSIONER BRIMER.

UH, I GUESS TO RIFF OFF, UH, WHAT, UH, VICE CHAIR, BRISTOL AND CHAIR, UH, KRUGER SAID ABOUT THE FLOODPLAIN, UH, I GUESS I'M A LITTLE BIT CONCERNED ABOUT THE FACT THAT, UH, YOU KNOW, FUTURE CLIMATE CHANGE ISSUES THAT HAVEN'T BEEN ADDRESSED.

I SUPPOSE IF THIS WAS GOING TO BE A PUT AND IT'S GONNA BE DONE IN A YEAR, I MIGHT NOT REALLY BE AS CONCERNED.

BUT WE'RE TALKING ABOUT A 45 YEAR AGREEMENT HERE, SO THIS IS GONNA OUTLAST JUST ABOUT EVERYONE HERE.

UH, AND I THINK ALL OF US CAN AGREE THAT, UH, THE IMPACT OF CLIMATE CHANGE, WHETHER IT'S, UH, 110 DEGREE, UH, YOU KNOW, TEMPERATURE OUTSIDE OR WHATEVER IT IS, GETTING MORE, UH, MORE TO BE, UH, YOU KNOW, COMMON THAN IT HAS BEEN IN THE PAST.

AND THE NATURE OF THE FLOODS HAS CHANGED A GREAT DEAL.

AND I THINK WE'RE JUST FOOLING OURSELVES THAT WE'RE GONNA SAY THAT, UH, YOU KNOW, THE CURRENT FLOODPLAIN, OR EVEN THE ONE AS PROPOSED IS GOING TO REMAIN STATIC FOR 40 YEARS, IS NOT REALLY REALISTIC.

AND I FIND IT KIND OF UNBELIEVABLE THAT WE ARE, UH, YOU KNOW, GONNA REMAIN WITH A STATIC FLOODPLAIN BASED UPON SOMETHING THAT WE SITTING HERE NOW KNOW IS GOING TO CHANGE IN THE NEXT 45 YEARS AND NOT HAVE A FALL BLACK PLAN, PLAN B, PLAN C, WHATEVER THAT IS.

UH, SO THAT'S MY FIRST COMMENT.

MY SECOND THING IS, YOU KNOW, THE CITY HAS DONE MODELS AND WE'RE GONNA, YOU KNOW, AND, AND THE APPLICANT'S, UH, ENGINEERS HAVE DONE DONE MODELS.

HAS ANYONE GONE TO THE LCRA AND SAID, WELL, WHAT DO YOUR MODELS SAY? I MEAN, HAVE WE DONE A COMPARISON OF ALL THE MODELS TO SEE IF THERE'S ANY DISCREPANCY BETWEEN THESE AND IF THERE IS A DISCREPANCY, WHAT IT IS, AND TRY TO UNDERSTAND WHAT THE ISSUE IS? THEY'RE ALL THE SAME BASE MODEL.

THEY'RE, THEY'RE ALL THE SAME.

IT WAS FROM THAT FLOOD DAMAGE EVALUATION PROJECT THAT THE LCRA AND THE CORE DID.

A COUPLE OF DECADES AGO.

AND TO YOUR POINT ABOUT, TO YOUR POINT ABOUT CLIMATE CHANGE, AGREED.

UM, IT AFFECTS ALL OF OUR FLOODPLAINS.

SO, YOU KNOW, I DON'T THINK THAT IS SOMETHING THAT IS, UH, NECESSARILY, UH, THAT THE ONLY, THAT ONLY APPLIES TO THE DOG'S HEAD FLOODPLAINS EXIST ALL IN, IN AUSTIN.

AND, YOU KNOW, AS WE UPDATE OUR MODELS, THEY, YOU KNOW, GET BIGGER OFTEN, VERY OFTEN.

DO THEY, IT'S KIND OF RARE THAT THEY, THEY SHRINK LIKE THIS NECESSARILY, BUT, UM, YOU KNOW, SOMETIMES THEY DO.

BUT, YOU KNOW, AS WE MODEL THEM, OF COURSE, YOU KNOW, WE CAN TAKE INTO THE NEW DATA, NEW DATA INTO ACCOUNT, YOU KNOW, AS TIME GOES ON.

BUT WE DON'T HAVE A WAY TO LOOK FORWARD NECESSARILY.

WELL, I UNDERSTAND THAT, UH, BEING PREDICTIVE OF THIS TYPE OF SITUATION IS FRAUGHT WITH, WITH RISK THAT YOU OVER PREDICT OR UNDER PREDICT, BUT NOT HAVING AN ALTERNATIVE STRATEGY TO TAKE THIS INTO ACCOUNT, I THINK, YOU KNOW, IS AWKWARD.

AND PART OF THE, TO THE FUTURE RESIDENTS OF THE PART.

OF RAIN WOUND UP IN THE GULF OF MEXICO, YOU KNOW, SEVERAL WEEKS LATER.

PART OF THE, THE, THE REASON WHY, YOU KNOW, OUR CURRENT CODE REQUIRES FOLKS TO BUILD THEIR BUILDINGS.

IF IT'S IN A FLOODPLAIN, TWO FEET ABOVE THE, THE, WHAT WE SAY IS THE FLOODPLAIN AND THEY'RE DOING THREE FEET.

SO THAT'S, THAT IS TAKING INTO SOME CONSIDERATION THE FACT THAT, YOU KNOW, THAT THINGS COULD, COULD CHANGE.

SO THREE FEET IS EVEN MORE THAN WHAT, UH, A CURRENT CODE ALLOWS.

WHEN I, I LIVE UP BY, UH, BULL CREEK AND I THINK IT, I'M GONNA SAY IT'S 2011, HURRICANE HERMIONE, MAYBE, WHATEVER HERMINE, YEAH, YEAH.

WHATEVER IT IS.

UH, IF I RECALL CORRECTLY, THERE WAS WHAT WAS CALLED A RAIN BOMB WENT OUT UP THERE.

AND, UH, SO THE AMOUNT OF RAIN IN THAT PARTICULAR AREA WAS MAYBE AS MUCH AS 10 INCHES.

I FORGET THE EXACT DETAILS, BUT IT CAUSED A CATASTROPHIC FLOOD JUST ABOUT EXACTLY WHERE I LIVED.

AND IF I RECALL PROPERLY, THE CITY HAD JUST FINISHED EXPANDING BULL CREEK DISTRICT PARK WITH A LOT OF RECREATIONAL FACILITIES AND ALL THOSE, BECAUSE OF THAT VAST AMOUNT

[02:10:01]

THE, THE POINT BEING THAT THE NATURE OF THIS STUFF IS HIGHLY VARIABLE AND, YOU KNOW, YOU KNOW, WE LIKE TO THINK OF RAIN FALLING IN THIS MEASURED, YOU KNOW, MEASURED AMOUNTS WHERE, YOU KNOW, ONE INCH AN HOUR, TWO INCHES EVERY THREE HOURS OR SOMETHING LIKE THAT.

BUT THE REALITY IS THESE RAIN BOMBS, TO USE JUST A GENERIC TERM, ARE BECOMING MORE FREQUENT.

AND SO THE IMPACT ON A SPECIFIC AREA COULD BE MORE IM, YOU KNOW, MORE IMPACTFUL THAN JUST SAYING, WELL, IT'S GONNA RAIN, YOU KNOW, 10 INCHES OVER 24 HOURS, WHICH SETS SOMETHING DIFFERENT IN MIND.

ALSO, PROFESSOR CARD AT THE UNIVERSITY OF TEXAS, WHO'S DONE, SPENT BASICALLY HIS WHOLE CAREER AT THE JACKSON SCHOOL OF J JACKSON SCHOOL OF GEOLOGICAL SCIENCES STUDYING THE COLORADO RIVER RIGHT THERE AT HORNSBY BEND, HAS DONE A LOT OF STUDIES.

AND ONE OF THE THINGS HE'S FOUND IS THE EROSION OF THE RIVER BANK.

THERE VARIES GREAT DEAL WITH THE AMOUNT OF WATER RELEASE FROM THE HIGHLAND LAKE DAMS. AND THE POINT IS THAT YOU, WHEN YOU'RE LOOKING AT THE WATERSHED RIGHT AROUND THE COLORADO RIVER THERE, IT'S EASY TO SAY, OKAY, THERE YOU GO.

BUT REALLY WHAT WE'RE LOOKING AT IS A WATERSHED THAT DRAINS MOST OF CENTRAL TEXAS NORTHWEST OF HERE, BECAUSE WHEN THE HIGHLAND LAKE DAMS FILL, WE'RE NOT TALKING ABOUT THE FLOW ON THE IMMEDIATE WATERSHED OF THAT SECTION, WHICH IS 1428 OR SOMETHING, 1 4 0 2 8 OF THE COLORADO RIVER.

THE WAY THAT, THAT, YOU KNOW, THE, WHOEVER IT IS, THE STATE CATEGORIZE LITTLE SEGMENTS.

BUT, UH, THE POINT IS THAT THE AMOUNT OF WATER THAT FLOWS THROUGH THERE IS REALLY, IN A LARGE EXTENT, GOVERNED BY THE AMOUNT OF WATER THE HIGHLAND LAKES CONTAINED.

AND SOME OF THOSE ARE CONSTANT LEVEL LAKES.

AND SO THE LCRA HAS TO OUTFLOW THAT STUFF.

SO YOU MAY GET A LOT MORE WATER FLOWING THROUGH THERE THAN YOU MIGHT, THAN IT MAY NOT RAIN AT DOG HEAD, BUT YOU MAY HAVE BILLIONS OF GALLONS OF WATER FLOWING THROUGH THERE BECAUSE OF THE AMOUNT OF WATER RELEASED THROUGH THE HIGHLAND LAKES.

AND I'M NOT QUITE SURE THE MODELS THAT YOU'RE LOOKING AT TAKE INTO ACCOUNT THE AMOUNT OF RAIN THAT'S GONNA FALL INTO, YOU KNOW, THE UPPER PART OF THE LOWER, YOU KNOW, THE COLORADO RIVER AND THEN BE RELEASED.

I MEAN, UNLESS YOU CAN TELL ME THAT WAS PART OF YOUR MODELING THAT YOU DID.

I MEAN, CAN SOMEONE TELL ME THAT THAT'S, THAT YOU'VE DONE THAT? ALRIGHT, SO BACK TO THE STUDY THAT WAS DONE BY THE LCRA, THEY DID HYDROLOGIC MODELING.

SO THEY'RE FIGURING OUT HOW MUCH RAIN FALLS, HOW MUCH WATER RUNS OFF FOR THE ENTIRE COLORADO BASE, UPPER COLORADO BASIN THROUGH THE HIGHLAND LAKES, BUCHANAN LAKE BUCHANAN AND LAKE TRAVIS ARE THE TWO RESERVOIRS THAT HAVE FLOOD CAP FLOOD STORAGE CAPACITY.

THOSE ARE OPERATED SO THAT THE LEVEL IS SUCH THAT THEY WILL ALWAYS HAVE THAT FLOOD CAPACITY.

UM, LAKE TRAVIS, UM, THE NORMAL POOL WHEN IT'S FULL IS ELEVATION 6 81.

THE A HUNDRED YEAR FLOOD ELEVATION IS, I THINK 7 21.

SO THEY MAINTAIN THAT VOLUME FOR THOSE SITUATIONS WHEN WE HAVE THE BIG FLOODS, THE ANO FLOOD, UM, A FEW YEARS BACK THAT FILLED THE LAKE UP THE LAST TIME THE LAKE HAD CAPACITY, EVEN HAD IT BEEN AT 6 81.

JONAH OR TALK TO THANK YOU.

THAT'S WHAT I'VE GOT.

THANK YOU CHAIR, VICE CHAIR, BRISTOL.

THANKS FOR CALLING ON ME.

UM, SO, UM, I WANNA TALK ABOUT I TWO THINGS.

UM, SO THERE WAS SOME DISCUSSION, NOT TONIGHT, BUT, UM, AT OTHER POINTS IN OUR CONVERSATION AROUND THIS, ABOUT DOING SOME, AND THIS MIGHT BE A QUESTION FOR ENDEAVOR SPECIFICALLY, UM, BUT, UH, ABOUT, UM, UPGRADING OR CHANGING CARSON CREEK BECAUSE IT'S, IT'S BEEN REALLY DEGRADATED ALONG, ALONG THE WAY OVER THE YEARS WITH DIFFERENT DEVELOPMENT AND STUFF.

HELP ME UNDERSTAND A LITTLE BIT OF THAT AND THEN HOW DOES THAT PLAY INTO THEN ALSO SORT OF THE EXPANSION OF THE FLOOD MAPS ONCE THAT IS SORT OF ALL DONE.

DOES THAT MAKE SENSE? YEAH.

SO CARSON, UM, THERE'S MORE GOING ON THERE AND I'M NOT FULLY UP TO SPEED ON EVERYTHING.

I DON'T KNOW IF YOU ARE CARL OR IF ANYBODY

[02:15:01]

IS THIS ON? CAN Y'ALL HEAR ME? OKAY.

UH, JONAH MANKOWSKI WITH GAR MC, WE'RE WORKING WITH ENDEAVOR AND WE'VE WORKED ALONG WITH MOODY ENGINEERING ON, UH, SEVERAL OF THESE STUDIES.

SO, UH, CORRECT WITH CARSON CREEK WATERSHED, WHICH IS A SEPARATE WATERSHED FROM COLORADO RIVER, WHERE A MAJORITY OF THE DEVELOPMENT AGREEMENT AREAS LOCATED, UH, HAS FOR A VERY LONG TIME BEEN KNOWN TO HAVE SEVERAL FLOODPLAIN AND FLOODING ISSUES THAT PREDATE ENDEAVOR BEING INVOLVED WITH DOG HEAD AT ALL.

UH, A LOT OF THOSE ISSUES HAPPENED WITH EXPANSIONS TO 180 3 FOR THE AIRPORT THAT CUT OFF SECTIONS OF THE ACTUAL CARSON CREEK.

AND SO IF YOU LOOK AT THE CITY'S GIS THAT SHOWS CREEK CENTER LINES, AND YOU GO OUT ON SITE TODAY, THERE ARE SEVERAL SECTIONS OF THE CREEK THAT NO LONGER EXIST.

THEY'VE BEEN FILLED IN, UM, AND REDIRECTED.

SO YOU ESSENTIALLY HAVE A WATERSHED WITHOUT PROPER CONVEYANCE, AND IT HAS CAUSED SEVERE FLOODPLAIN ISSUES IN THAT WATERSHED.

UM, THE CITY HAD COMMISSIONED A STUDY OF CARSON CREEK SPECIFICALLY, AGAIN, SEVERAL YEARS BACK, THAT TRIED TO IDENTIFY SOLUTIONS TO HELP SOLVE THE PROBLEMS WITHIN THE CARSON CREEK WATERSHED.

AND THE SOLUTIONS THEY CAME UP WITH WERE EXTREMELY, EXTREMELY EXPENSIVE, MAINLY BECAUSE THEY DIDN'T CONTROL THE LAND TO IMPLEMENT THESE SOLUTIONS.

SO WE'VE HAD DISCUSSIONS WITH THE CITY ABOUT ARE THERE OPPORTUNITIES FOR WHAT WE ARE PROPOSING TO DO TO HELP ALLEVIATE SOME OF THE ISSUES THAT THAT WATERSHED IS EXPERIENCING.

AND I BELIEVE IT WAS LIZ EARLIER HAD MENTIONED THAT, AGAIN, WHILE A MAJORITY OF OUR DEVELOPMENT AREA IS NOT WITHIN THAT WATERSHED, WE DO ACCESS THE DOG'S HEAD TODAY BY ROADS THAT CROSS THROUGH THAT CAR, CARSON CREEK WATERSHED, BECAUSE MOST OF THE ACCESS TO DOG'S HEAD IS FROM 180 3.

SO AS WE HAVE LOOKED AT, UH, IMPROVING THE ROADWAYS TO PROVIDE BETTER ACCESS INTO THIS AREA, WE HAVE BEEN STUDYING ARE THERE OPPORTUNITIES TO ALLEVIATE SOME OF THE FLOOD PLAIN AND FLOODING ISSUES WITHIN THAT WATERSHED.

WHAT WE FOUND IS THERE IS A TRIBUTARY THAT ENTERS CARSON CREEK THAT WE ARE ABLE TO INTERCEPT AND RUN IN A CHANNEL PARALLEL TO PATENT, WHICH IS AN EXISTING ROAD OUT THERE TODAY THAT WE ARE LOOKING TO IMPROVE TO BRING INTO DOGHEAD.

AND BY TAKING THAT TRIBUTARY AND REDIRECTING IT INTO THE DEVELOPMENT AREA, INTO THE COLORADO RIVER WATERSHED AND INTO THIS REGIONAL SYSTEM THAT IS, UH, DISCUSSED WITHIN THE DEVELOPMENT AGREEMENT, IT DOES PROVIDE BENEFITS TO CARSON CREEK.

NOW, THOSE BENEFITS MAY BE INCHES, BUT INCHES OVER THIS WIDE FLOODPLAIN CAN BE SIGNIFICANT TO REMOVE PROPERTIES FROM THE FLOODPLAIN.

SO THOSE, THOSE ARE THE TYPE OF OPPORTUNITIES THAT WE'RE EXPLORING, UM, THAT ARE NOT A REQUIREMENT OF WHAT IS BEING PROPOSED FOR OUR IMPROVEMENTS, BUT WOULD BE A BENEFIT TO THE CITY AND THE COMMUNITY, UM, IF THEY CAN BE IMPLEMENTED.

THANK YOU FOR THAT, UH, APPRECIATE THAT.

UM, SO THIS NEXT QUESTION IS REALLY JUST FOR MY OWN INTEREST ON 180 3.

BASICALLY BEFORE YOU GET TO THE STRIP CLUB, THERE'S A GIANT PIPE AND IT'S GIANT.

AND IF IT GOES AT LIKE A 90 DEGREE ANGLE DOWN, WHAT DOES THAT PIPE DO? WHAT'S, WHAT'S GOING ON THERE? UH, I DON'T RECALL.

I THINK I KNOW WHAT YOU'RE TALKING ABOUT, AND I DON'T RECALL IF IT'S A STORM WATER, IF IT'S LIKE A WASTEWATER LINE, GO INTO ONE OF TREATMENT PLANTS, BUT, UH, I CAN LOOK INTO THAT AND GET BACK WITH YOU.

YEAH, I'M JUST, AGAIN, CURIOUS OF WHAT THAT DOES.

YEAH, THAT, I'M SORRY THAT THE BIG PIPE YOU'RE TALKING ABOUT, THAT'S AUSTIN WATER INFRASTRUCTURE.

[02:20:01]

UM, OKAY.

SO, UH, I WANNA TALK A LITTLE BIT ABOUT CUT AND FILL.

UH, WE TALKED ABOUT IT AS, UH, PART OF THE DEVELOPMENT AGREEMENT AND, UM, AND THAT THAT WOULD BE SOMETHING FOR 45 YEARS, YOU KNOW, UM, THAT WE WOULD, UH, WOULD HAVE ADMINISTRATIVE, UM, BLESSINGS ON THAT.

THAT IS SOMETHING THAT WE, UM, SEE REGULARLY HERE AT THE ENVIRONMENTAL COMMISSION.

UM, AND, UM, BUT FOR THE OTHER COMMISSIONERS, SO THAT YOU'RE AWARE, YOU KNOW, THAT IS SOMETHING THAT UNDER THE DEVELOPMENT AGREEMENT, WE WOULD NO LONGER SEE FOR THIS PROJECT.

UM, AND WHILE I AGREE THAT THAT IS OKAY WHEN IT COMES TO THE MINING, UM, AND THE CONTOURING AND THINGS THAT NEED TO HAPPEN THERE, I'M NOT COMFORTABLE WITH IT CONTINUING TO HAPPEN AS A ADMINISTRATIVELY, AND I'LL TELL YOU WHY HERE IN A SECOND, UM, FOR THE LIFE OF THE PROJECT.

AND SO I, YOU KNOW, IT'S SOMETHING THAT WE'VE, THAT WE'VE BROUGHT UP SEVERAL TIMES.

IT'S SOMETHING THAT I, I WANT, I HOPE THAT WE CAN CONTINUE A DIALOGUE AROUND.

AND THE REASON FOR THAT IS IT SETS A DANGEROUS PRECEDENT FOR OTHER DEVELOPMENT AGREEMENTS.

IT ALSO SETS A DANGEROUS PRECEDENT FOR HOW DO WE MOVE FORWARD AS, UM, FAIRLY ADMINISTRATING, UM, ALL THE THINGS THAT THE BOARDS AND COMMISSIONS DO, UM, ACROSS THE BOARD FOR, YOU KNOW, WHAT'S, WHAT'S TRUE FOR ONE DEVELOPMENT SHOULD HOPEFULLY BE TRUE, UH, FOR THE LA DEVELOPMENT THAT WE'RE ALSO, YOU KNOW, MAKING THESE SAME, UM, YOU KNOW, WE'RE LISTENING AND WE'RE MAKING CHOICES, UH, ALONG THE WAY.

SO, UM, DO YOU HAVE SOMETHING TO SAY ON THAT? NO, HEARD.

OKAY, GREAT.

UM, THOSE WERE MY, UH, QUESTIONS EXCEPT FOR THERE WAS, YOU REFERRED TO AN INFOR GROUP, AND I HAVE TO ASSUME, LIKE IN INFORM, WHAT, WHAT'S THAT ACRONYM? I APOLOGIZE, I CAN'T REMEMBER WHAT THE ACRONYM ENGINEER ACTUALLY STANDS.

NO, IT'S, UM, ENVIRONMENT.

IT, IT STANDS FOR A FEDERAL, A GROUP OF FEDERAL AGENCIES.

BUT IT'S E-N-I-N-F-R-M-N OH IN FORM.

GOT IT.

FOR SOME REASON, I CAN NEVER REMEMBER WHAT I'LL, WHAT THAT ACRONYM IS.

I'LL THANK YOU.

APOLOGIES.

BUT YEAH, IT'S, LIKE I SAID, THE STUDY WAS LED BY THE CORPS OF ENGINEERS.

OKAY, THANK YOU.

AND I WILL, UM, JUST ADD, BECAUSE WE RECEIVED A NOTE FROM THE APPLICANT SAYING, DOES THE DAM DETERMINE THE FLOODPLAIN? NO, IT DOES NOT.

HOWEVER, UM, WE HAVE TO THINK ABOUT THINGS IN THE ECOSYSTEM THEY EXIST IN.

I'M ORIGINALLY FROM NEW BRAUNFELS, GREW UP ON THE GUADALUPE RIVER.

MY FAMILY HOME IS ON THE GUADALUPE RIVER.

WE ARE PROTECTED BY THE CANYON LAKE DAM IN 2002, THAT DAM OVERFLOWED AND KILLED NINE PEOPLE.

AND THAT WAS THE FIRST TIME IN ITS 45 YEAR HISTORY THAT THAT HAPPENED.

SO WE KEEP SEEING MORE AND MORE OF THESE HISTORIC ONCE IN A LIFETIME EVENTS.

THEY WILL BE HAPPENING MORE AND MORE AS OUR CLIMATE CONTINUES TO CHANGE.

ENDEAVORS NOT RESPONSIBLE FOR THAT, BUT IT NEEDS TO BE TAKEN INTO CONSIDERATION WHEN WE'RE TALKING ABOUT AMENDING FLOODPLAINS AND POTENTIALLY PUTTING BUSINESSES, PUTTING HOMES CLOSER AND CLOSER TO A RIVER IN A CHANGING CLIMATE, GIVEN EVEN LAST YEAR, THE FLOOD, YOU KNOW, THE FLOODS THAT COST LIVES EVEN IN TRAVIS COUNTY.

LIKE, I, I JUST THINK THIS, THIS DESERVES A LOT OF SERIOUS CONSIDERATION.

SO I WANT TO ADDRESS THAT.

NO DAMS DO NOT DETERMINE FLOODPLAINS, BUT THEY ARE PART OF THE ECOSYSTEM THAT WE HAVE TO CONSIDER ON THIS.

UM, WONDER WHO ANSWERED THE QUESTION? IS THAT YOUR OPINION? YES, I'M SPEAKING FOR MYSELF.

DOWN RIVER, OBVIOUSLY LONGHORN DAM BEING THE FINAL ONE.

I JUST THOUGHT YOU ANSWERED WELL, NO, THE, I MEAN, THE 2002 FLOOD, I MEAN, YOU CAN GOOGLE THAT, THAT KILLED NINE PEOPLE.

THE CANYON LAKE DAM OVERFLOWED.

I WAS ASKING THEM ABOUT THE LIFE OF MANSFIELD DAM.

I'M EXPLAINING THAT THOSE QUESTIONS ARE DESERVING OF BEING ASKED AND ANSWERED.

I'M NOT SAYING THEY'RE YOUR RESPONSIBILITY.

I'M ASKING THE CITY, HEY, HOW CAN WE ENSURE OUR SAFETY IN SOUTHEAST AUSTIN? THESE ARE PART OF THE KINDS OF QUESTIONS THAT I THINK NEED TO BE ASKED IN RELATION TO THIS PROJECT.

ARE THERE ANY OTHER COMMISSIONER QUESTIONS? VICE CHAIR, BRISTOL? YEAH, I WANNA ASK, I I DO WANNA ASK FOR CLARITY.

SO WE, UM, I UNDERSTAND, YOU KNOW, MANSFIELD DAM REGULATES, UH, LAKE TRAVIS, WHICH IS THE STORAGE, UH, BODY.

AND THEN, BUT THEN WE HAVE OTHER DAMS

[02:25:02]

UH, DOES, UM, AND WE'VE HEARD LOTS ABOUT THAT.

YOU KNOW, LONGHORN DAM DOESN'T HAVE A, A GREAT RATING, UM, ON, UH, ON DAMS. IT'S GETTING OLD A LITTLE LONG IN THE TOOTH, UH, THERE.

UM, BUT DOES TELL US THEN HOW THAT DAM IN PARTICULAR HELPS REGULATE THE WATER RELEASE DOWNSTREAM, BECAUSE THE, THE LAKE ABOVE IT IS NOT NECESSARILY A LAKE THAT IS SUPPOSED TO RETAIN A BUNCH OF WATER.

RIGHT? SO BOTH LAKE AUSTIN AND, UH, LADY BIRD ARE ESSENTIALLY PASSED THROUGH LAKES.

THEY DON'T, UH, RETAIN ANY FLOOD WATER.

UM, AND SO, YOU KNOW, AND I'M NOT THE LCRA, BUT YOU KNOW, THE LCRA SAY MANSFIELD DAM GETS TO ITS, YOU KNOW, OPERATING LEVEL BECAUSE OF A RAIN EVENT.

WE SAW THIS OVER JULY, WHICH WAS A ODD SITUATION, TWO JULYS IN A ROW TO HAVE A LOT OF RAIN COMING THROUGH.

IT DID GET TO THE NORMAL OPERATING LEVEL AND WENT A LITTLE BIT ABOVE.

AND SO THEY, YOU KNOW, RELEASED WATER OVER TIME, PASSING THROUGH LAKE AUSTIN, PASSING THROUGH LADYBIRD LAKE.

UM, TOM MILLER DAM, YOU KNOW, THEY'RE, THEY'RE DIFFERENT DAMS. UM, UH, TOM MILLER DAM FORMS LAKE AUSTIN, THERE'S HYDROELECTRIC GEN POWER GENERATED ON IT.

UM, SO, YOU KNOW, THEY'LL PASS THROUGH SOME FAIRLY REGULARLY FOR BOTH POWER GENERATION AND FOR, YOU KNOW, RICE FARMERS.

SO ALL OF THAT THAT HAPPENS, WE DO, UM, OWN AND MAINTAIN.

WE, THE CITY, UH, IT'S IN AUSTIN WATER DAM, THE LONGHORN DAM THAT FORMS, UH, LADYBIRD LAKE.

IT'S, UH, IT IS A DIFFERENT TYPE OF SYSTEM.

IT GOES OVER THE TOP.

THE, THESE, THEY'RE CALLED BASCULE GATES, UM, THAT SOMETIMES GETS STUCK OPEN.

UM, YOU KNOW, SO IT, IT, IT WOULDN'T BE LIKE THE CATASTROPHIC FLOOD THAT, LIKE A MANSFIELD DAM THING.

LIKE IF MANSFIELD DAM, THAT IS A GIANT DAM, LONGHORN IS A LITTLE BIT LESS THAN THAT.

UM, BUT IT IS, YOU KNOW, WE DO MAINTAIN AN AND OPERATE IT.

UM, SO, YOU KNOW, THAT IS OUR RESPONSIBILITY TO MAKE SURE IT, IT FUNCTIONS AND OKAY.

THEY HAVE BEEN REPLACING THE GATES ON LONGHORN DAM OVER TIME, SO, OKAY.

AND HELP, THANK YOU FOR HELPING ME UNDERSTAND THAT TOO.

'CAUSE I KIND OF LOST TRACK OF WHICH ONES LCRA MANAGES.

YEAH, WHICH ONES THE CITY, YOU KNOW, I MEAN, THERE'S OBVIOUSLY A, A LOT GOING ON THERE.

UH, AND THANK YOU FOR SHARING THAT.

THEY ARE MAKING SOME UPGRADES, UM, TO THAT AS WELL.

UM, I KNOW THAT THERE WAS CON CONCERN ABOUT WHAT HAPPENS IF THAT DAM FAILS AND WHAT KIND OF CATASTROPHIC EVENT, CATASTROPHIC EVENT COULD HAPPEN DOWNSTREAM.

I MEAN, I DON'T WANNA SAY THAT ANY DAM SHOULD EVER FAIL.

UM, YOU KNOW, UH, THERE'S, YOU KNOW, IT'S KIND OF AN ORDER OF MAGNITUDE AS YOU GO UP FROM LADY BIRD LAKE TO LAKE AUSTIN TO LAKE TRAVIS THERE, YOU KNOW, THERE'S JUST A LOT MORE WATER AND KIND OF MORE AT STAKE.

THE, YOU KNOW, THE LARGER THEIR, THE DAM IS.

UM, BUT NOT TO MINIMIZE ANYTHING, IT, IT IS OUR RESPONSIBILITY TO MAKE SURE THAT, YOU KNOW, THE LADY BIRD LAKE DAM IS OPERATING.

UM, AND, YOU KNOW, THERE ISN'T SOME, YOU KNOW, A BIG EVENT WHERE IT, YOU KNOW, ALL THE WATER OF LADY BIRD HAS TO DRAIN OUT, YOU KNOW, THAT IS, THAT WOULD NOT BE GOOD FOR ANYBODY.

AND SO WHEN, WHEN THAT IS, UM, OPERATING, SO FOR EXAMPLE, LIKE I REMEMBER GOING DOWN THERE IN 2015, AND, YOU KNOW, I, I'M ALWAYS FASCINATED BY, YOU KNOW, JUST THE POWER OF WATER AND, AND WAS WATCHING, UH, THE DAM AT THAT POINT, BECAUSE EVERYTHING WAS OPEN AND EVERYTHING'S FLOWING THROUGH WHEN YOU HAVE AN EVENT LIKE THAT.

AND SO WHEN YOU THINK ABOUT THE FLOODPLAIN MODELS AND MODELING AND STUFF, I THINK MAYBE THE QUESTION THAT COMMISSIONER BRIMER WAS ASKING ALSO, AND THEN MAYBE WHAT THE APPLICANT OR, UH, ENDEAVOR WAS ASKING OVER HERE, UM, IS HOW DOES THAT, DOES THAT DAM REGULATE THE FLOW IN THE RIVER OR AS IT, YOU KNOW, DOWNSTREAM OF THE RIVER? OR DO YOU CONSIDER THAT TO BE, IT'S JUST A PASS THROUGH.

IT'S PRETTY, PRETTY MUCH THE SAME WATER LEVEL ALL THE TIME COMING THROUGH.

ANYTHING REALLY, UNLESS THERE'S SO MUCH THAT IT'S, YOU KNOW, UM, YOU KNOW, THAT WOULD BE A VERY LARGE EVENT, UM, AND STILL WOULDN'T CONTROL IT.

DOES THAT MAKE SENSE? YEAH.

SO BOTH LAKE AUSTIN AND LADYBIRD LAKE ARE CONSIDERED CONSTANT LEVEL LAKES.

YOU KNOW, THERE IS A LITTLE BIT OF FLUCTUATION, BUT, SO THE LCRA DETERMINES, OKAY, WE NEED TO SEND OUT THIS MUCH WATER FROM MANSFIELD.

UM, IT GOES FROM MANSFIELD THROUGH LAKE AUSTIN RUNS SOME POWER GENERATION ON THE TOM MILLER DAM.

THEN IT JUST PASSES THROUGH LAKE, UH, LADY BIRD LAKE.

UM, THERE'S COORDINATION BETWEEN THE DAM OPERATORS AT THE CITY AND LCRA, SO THEY KNOW WHAT TO DO IF THEY NEED TO OPEN A GATE OR NOT.

USUALLY IT JUST KIND OF PASSES THROUGH ON LADY BIRD.

SO THE LADY BIRD DOESN'T CONTROL

[02:30:01]

IT WOULD STILL JUST HAVE TO PASS OVER YOU.

AND NEITHER DOES TOM MILLER ON LAKE AUSTIN.

WE'RE NOT GONNA, YOU KNOW, ALL OF THAT WATER FROM, FROM MANSFIELD, ESSENTIALLY.

SO IT'S REALLY LAKE TRAVIS THAT IS CONTROLLING THE FLOW, UM, ESSENTIALLY ON, ON THE COLORADO RIVER, YOU KNOW, UM, OF COURSE THERE'S OTHER CREEKS COMING IN.

THERE'S BARTON SPRINGS THAT HAS, YOU KNOW, A SIGN, YOU KNOW, FAIRLY SIGNIFICANT AMOUNT OF WATER COMING THROUGH, ESPECIALLY IN DRY YEARS.

BUT IT'S REALLY, REALLY, WE'RE TALKING MANSFIELD DAM, LAKE TRAVIS.

ANY OTHER COMMISSIONER QUESTIONS OR COMMENTS ON THIS ITEM? COMMISSIONER LUKI? UM, I JUST WANTED TO POINT OUT, UM, REGARDING CLIMATE CHANGE IN THE, IN THE, THE QUESTION OF, OF, UH, CHANGE THERE, THE NUMBER OF TWO INCH RAINFALLS, UH, IN TEXAS HAS DRAMATICALLY INCREASED IN THE LAST 20 YEARS.

AND, UH, AND SO AS FAR AS ANSWERING THAT, THAT QUESTION OF, IN THE FUTURE WHAT'S GOING TO HAPPEN, WHAT WE'RE GONNA SEE IS MORE OF IT, UH, CLEARLY, UH, THERE ARE THINGS LIKE RAIN BOMBS THAT OCCUR THAT, THAT CREATED THAT CATASTROPHIC FLOOD, UH, LAST YEAR, THAT THAT WAS, UH, THAT TOOK SO MANY LIVES.

AND IT OCCURRED IN A WAY WHERE WHEN THEY WERE ANALYZING THE AMOUNT OF WATER THAT WAS BEING CREATED BY THE RAIN, IT WAS SOMETHING THAT WAS SO LARGE THAT THEY'D NEVER SEEN ANYTHING LIKE IT BEFORE.

AND IT HAPPENED IN A REALLY SHORT PERIOD OF TIME THERE, AND IT HAPPENED IN A CERTAIN SPOT WHERE IT WAS VERY INCONVENIENT FOR THOSE PEOPLE WHO HAPPEN TO BE THERE.

AND SO, UM, I JUST WANTED TO POINT OUT THAT THAT RAIN BOMB CAN OCCUR ANYWHERE.

AND SO, YOU KNOW, IN, IN THIS IDEA OF HOW IT IS THAT WE BUILD, WE, WE DO DEFINITELY HAVE TO TAKE INTO CONSIDERATION THAT THESE THINGS ARE GOING TO OCCUR IN THE FUTURE AND THEY'RE GONNA HAPPEN MORE OFTEN FOR SURE.

THE ONE THING ABOUT CLIMATE CHANGE THAT IS FOR SURE IS THAT IT'S GOING TO HAPPEN BIGGER AND BADDER OVER TIME THAN WE HAVE EVER SEEN BEFORE.

AND WE'RE JUST GONNA CONTINUE TO RAISE THE BAR ON WHAT'S POSSIBLE.

ANY OTHER COMMISSIONER QUESTIONS OR COMMENTS? ALRIGHT, HEARING NONE.

WE'RE GOING TO MOVE ON TO WORKING GROUP UPDATE ITEM NUM.

OH, AND I'M SORRY.

ONE NOTE, UM, LIZ, IN YOUR PRESENTATION, I THINK THERE WAS ONE SLIDE THAT YOU HAD IN THERE THAT WAS MISSING FROM BACKUP.

MAYBE SOMETHING CHANGED.

I THINK THERE WAS LIKE, IT WAS A VISUAL IMAGE, BUT JUST WONDERING IF WE CAN GET THE MOST RECENT VERSION IN BACKUP IF THAT ISN'T ALREADY, WHAT'S UP THERE? IT SHOULD, SHOULD HAVE BEEN, BUT WE'LL DOUBLE.

ITEM NUMBER FOUR, UPDATE FROM THE DOG HEAD WORKING GROUP REGARDING THE MEETINGS ON SEPTEMBER 10TH, 2026.

I MIGHT HAVE MISSED SOMETHING.

I JUST, IF I DON'T ASK YOU NOW, I'M GONNA FORGET.

[4. Update from the Dog’s Head Working Group regarding the meetings on September 10, 2026.]

ALL RIGHT, SO, UM, FOR THE COMMISSION'S THAT ARE HERE, UM, I, UM, HAD THIS PRINTOUT, 'CAUSE I, I PREPARED IT KIND OF LATE AND I APOLOGIZE FOR THAT.

UH, I THINK IT'S IN BACKUP, UM, FOR THE ONLINE COMMISSIONERS TOO.

BUT, UM, THIS IS JUST A KIND OF AN OVERALL SNAPSHOT.

UM, YOU KNOW, WE, WE FORMED IN 27, I MEAN, ON, ON JUNE 17TH, UH, NOT IN 2017, THANK GOD, UM, UH, TO ORGANIZE AND ENGAGE COMMUNITY STAKEHOLDERS, ADVISE THE APPLICANT, CITY OF AUSTIN AND CITY COUNCIL ON THE REGULATING PLAN, AND TO MAKE RECOMMENDATIONS REGARDING THE REGULATING PLAN.

SO, UM, YOU KNOW, WE, WE ARE, UH, WORKING, UM, HARD ON THAT.

BETWEEN JUNE 20TH AND JUNE 29TH, UH, WE MET THREE TIMES ON TWO HOURS EACH TO MAKE A RECOMMENDATION TO COUNCIL ON THE TOURS.

UH, IN THOSE MEETINGS WE HAD, YOU KNOW, BETWEEN 12 AND 20 PEOPLE.

AND I, THE REASON I'M MENTIONING ALL THIS IS JUST SO YOU CAN SEE THE SCOPE OF WORK THAT'S BEEN DONE AND HOW MANY PEOPLE HAVE BEEN INVOLVED, UM, IN, IN REALLY, YOU KNOW, KIND OF, UM, THIS, THIS PROJECT.

UH, OVERALL, JULY 1ST, A WORKING GROUP, UH, MADE A RECOMMENDATION TO THE ENVIRONMENTAL COMMISSION, AND IT WAS UNANIMOUSLY PASSED.

AUGUST 17TH, THE WORKING GROUP DECIDED, UH, TO FORM A SUBCOMMITTEE TO MEET WITH ENDEAVOR AND CITY STAFF.

THE COMMITTEE CONSISTED OF TWO REPRESENTATIVE FROM THE EXISTING NEIGHBORHOODS ON THE DOG'S HEAD, UH, PODER AND THREE COMMISSIONERS, MYSELF, COMMISSIONER BRIMER, AND CHAIR KRUGER.

UM, ON, UH, AUGUST 25TH, WE HAD THAT MEETING, UH, WITH COUNCIL MEMBER, UM, UCHIN HIS STAFF, UH, STAFF FROM COUNCIL MEMBER VELASQUEZ'S OFFICE, WATERSHED STAFF, UM, THREE COMMISSIONERS, ENDEAVOR, AND THEIR LEGAL COUNSEL.

AND, UM, IN THAT, UH, WE HAD,

[02:35:01]

UH, WE HAD SOME GOALS, BUT JUST, I JUST LISTED THREE HERE, UH, TO PUSH BACK THE DATE FOR THE REGULATING PLAN.

AND, UM, AND THAT IS, UH, HAS BEEN ACHIEVED.

UM, SO THANK YOU FOR EVERYBODY FOR REACHING AGREEMENT ON THAT.

UH, REINSTATING THE ENVIRONMENTAL COMMISSION, UH, FOR THE LONGEVITY OF, UM, OF THIS DEVELOPMENT.

WE HAVE NOT REACHED AN AGREEMENT ON THAT, AND I HOPE THAT WE DO, UH, ESTABLISHING A WORKING RELATIONSHIP WITH ALL PARTIES.

AND I DO FEEL LIKE WE ARE ACHIEVING THAT.

ON AUGUST 27TH, THE, THE LARGER GROUP MET SEPTEMBER 2ND SUBCOMMITTEE MET.

UH, AND AT THAT TIME, UH, WE AGREED TO LOOK AT THE REGULATING PLAN RECOMMENDATIONS TOGETHER, AGREED TO TOUR OF THE PROPERTY, WHICH WE DID, UH, MADE, UH, REQUESTS TO SEE PHASE ONE ENVIRONMENTAL STUDIES.

UH, WE HAVE NOT, UH, YET DONE THAT AGREED A LETTER, UH, TO BE SENT FROM ENDEAVOR TO THE CITY OF BOSTON TO FORMALLY REQUEST PUSHING BACK THE REGULATING PLAN TO MARCH, 2027.

AND THAT TASK WAS COMPLETED ON SEPTEMBER 10TH.

UH, THE SUBCOMMITTEE WE TOURED, UH, SEPTEMBER 10TH, THE LARGER GROUP, UM, UH, LARGER WORKING GROUP.

WE HAD A THREE HOUR MEETING.

IT WAS A DOOZY, UH, AND, UH, WORKING ON THE REGULATING, UH, PLAN AND, UM, GOT A, WHAT I CONSIDER A PRETTY GOOD DRAFT FORWARD.

UM, THANK YOU TO COMMISSIONER BRIMER, UH, BIG TIME FOR SUBMITTING, UH, SOME OF THOSE RECOMMENDATIONS EARLY, UH, AS WELL AS, UH, SOME OF THE ONES THAT I, UH, HAD SUBMITTED AS WELL TO CREATE A FORM FOR KIND OF A FRAMEWORK FOR EVERYBODY ELSE TO CONTRIBUTE TO AND WORK ON.

SO, UH, COMMISSIONER BRIER, I RECOGNIZED THAT YOU, YOU REALLY DID, UH, THE LAYMAN'S WORK THERE.

UH, CHAIR KRUEGER SUBMITTED RECOMMENDATIONS FOR THE, UH, AMENDMENTS TO THE DEVELOPMENT AGREEMENT THAT WOULD ENABLE SOME OF THE REGULATING PLAN RECOMMENDATIONS THAT WE'RE PUTTING FORWARD, UM, AND OFFER BETTER, UH, PROTECTIONS FOR THE ENVIRONMENT MOVING FORWARD.

CHAIR KRUEGER WILL GO OVER THAT AS WELL, UH, WITH THE, WITH THE SUBCOMMITTEE, UH, MEETING THAT HAPPENED YESTERDAY THAT I WAS NOT ABLE TO ATTEND, BUT I WOULD LOVE FOR HER TO, UH, GIVE AN UPDATE ON.

WELL, I HAVEN'T FINISHED WRITING MY SPEECH, SO I, I'LL PASS ON THIS ONE, BUT THANK YOU FOR ASKING.

THANK YOU FOR THAT UPDATE.

I ALSO JUST WANT TO EXPRESS GRATITUDE TO EVERYONE WHO'S BEEN A PART OF THE WORKING GROUP.

IT HAS BEEN A SIGNIFICANT AMOUNT OF TIME FOR EACH OF US.

SO TO THOSE OF YOU WHO MAY BE WATCHING AT HOME, THOSE OF YOU WHO ARE IN THE AU AUDIENCE, WHO'S WHO HAVE PARTICIPATED, AND ESPECIALLY TO VICE CHAIR BRISTOL, WHO HAS LED THAT GROUP, THANK YOU SO MUCH.

IT HAS TAKEN AN IMMENSE AMOUNT OF TIME, UM, AND I THINK IT'S THINK AND HOPE THAT IT'S BEEN WORTH IT.

THANK YOU TO, UM, ENDEAVOR AND ARMREST AND BROWN FOR PARTICIPATING IN THESE DISCUSSIONS, FOR HAVING OPEN DIALOGUE.

UM, I DO FEEL LIKE WE HAVE A BETTER UNDERSTANDING OF EACH OTHER NOW THAT WILL HELP US MOVE FORWARD.

SO GRATEFUL FOR THAT.

UM, AND YES, YESTERDAY, JUST TO CAP THINGS OFF, WE MET FOR TWO AND A HALF HOURS AT CITY HALL.

UM, WE HAD TWO WATERSHED STAFF PRESENT.

WE HAD A STAFFER FROM MARK CHEN'S OFFICE PRESENT.

WE HAD A MEMBERS OF THE WORKING GROUP WHO ARE COMBINATION OF RESIDENTS ACTIVISTS, AND THEN COMMISSIONER BRIMER AND I WERE THERE.

UM, AND THE MAJORITY OF THE MEETING WAS SPENT DISCUSSING DESIRED DEVELOPMENT AGREEMENT AMENDMENTS AS THEY RELATE TO THINGS THAT WE'D LIKE TO ACHIEVE IN THE REGULATING PLAN.

I WOULDN'T SAY THAT WE, UM, REACHED CONSENSUS ON EVERYTHING, BUT WE DID COME TO AGREEMENTS THAT, UM, ENDEAVOR WOULD TAKE THESE THINGS INTO CONSIDERATION AND WOULD COME BACK TO US WITH PROPOSED LANGUAGE OF WHAT AN AMENDMENT MIGHT LOOK LIKE.

UM, WE ALSO TALKED ABOUT GETTING IN WRITING THE UPDATED DEVELOPMENT AGREEMENT THAT INCLUDES THE AMENDMENTS FROM THE JULY 23RD COUNCIL MEETING BECAUSE, UM, THOUGH THEY WERE DISCUSSED ON THE DAIS, THEY HAVEN'T BEEN AVAILABLE ANYWHERE IN BACKUP FOR THE PUBLIC TO VIEW.

SO I THINK FOLKS ARE EAGER TO KNOW THAT THOSE CHANGES HAVE BEEN, HAVE BEEN MADE AND INCORPORATED INTO THE AGREEMENT.

UM, I'M TRYING TO THINK IF THERE'S ANYTHING ELSE.

UM, THEY OFFERED TO SUPPLY WATERSHED STAFF WITH PHASE ONE AND PHASE TWO ENVIRONMENTAL STUDIES THAT THEY'VE COMPLETED, INCLUDING ANY MONITORING OF POLLUTANTS IN THE MINING PITS THAT, UM, THEY HAVE DONE.

THEY WILL BE MEETING WITH WATERSHED STAFF, UM, IN A MEETING, I BELIEVE THIS FRIDAY, AND THEN ALSO NEXT WEEK TO DISCUSS VARIOUS THINGS RELATED TO DRAINAGE, UM, STORM WATER, WATER QUALITY, ET CETERA.

AND I DON'T KNOW THAT I HAVE ANYTHING ELSE TO ADD ON THAT PART, BUT YES, THANK YOU.

IT WAS, IT WAS A FRUITFUL MEETING.

IT WAS A LONG ONE, BUT I THINK WE CAME TO, LIKE I SAID, A BETTER UNDERSTANDING OF EACH OTHER AND, AND A WAY TO MOVE FORWARD.

COMMISSIONER PRIMER, DO YOU HAVE ANYTHING TO ADD?

[02:40:05]

ALRIGHT.

WE LOOK FORWARD TO THAT.

UM, OKAY.

SO, UH, JUST IN KIND OF A SUMMARY, UM, IN TOTAL WE'VE MET, UM, 10 TIMES, UH, AND APPROXIMATELY 32 HOURS, UM, JUST ON, UH, IN THOSE MEETINGS ALONE.

UM, THAT DOES NOT CONSTITUTE, YOU KNOW, THE COUNTLESS EMAILS AND PHONE CALLS AND SITE MEETINGS AND ALL THE OTHER THINGS, UM, THAT IT HAS TAKEN TO, UM, YOU KNOW, REALLY GET US, UM, TO THIS POINT.

UH, AND THE, THE, THE REASON I'M SAYING THIS IS, IS TO REALLY ILLUSTRATE HOW IMPORTANT THIS IS TO EVERYBODY ON THE WORKING GROUP, UH, ALL THE COMMUNITIES THAT ARE, WILL BE IMPACTED, UM, THAT ARE LOOKING AT THIS AND FEELING NERVOUS AND SCARED AND LOOKING FOR ANSWERS.

UM, YOU KNOW, WE DON'T HAVE ALL THE ANSWERS.

UH, AND, BUT YOU KNOW, IT, IT, WE HOPEFULLY ARE WORKING TOWARDS, UM, FINDING SOME OF THOSE REACHING AGREEMENT.

AND I KNOW THAT FOR A LOT OF PEOPLE, THAT FEELS LIKE A LONG PROCESS AND IT IS.

UM, AND, AND THAT'S, YOU KNOW, THAT'S, THAT'S WHAT IT IS.

UM, SO NEXT STEPS, UM, A DRAFT OF THE REGULATED PLAN RECOMMENDATIONS WILL COME FORWARD, UH, TO THE ENVIRONMENTAL COMMISSION, UH, ON OCTOBER 7TH.

AND WE HAVE, UH, WE'VE PUT THAT, UM, ON THE AGENDA AND A DRAFT OF THE DEVELOPMENT AGREEMENT RECOMMENDATIONS WILL ALSO COME BEFORE THE, UH, ENVIRONMENTAL COMMISSION ON OCTOBER 7TH.

I ECHO, UM, CHAIR KRUGER'S, UM, REALLY THOUGHTFUL, UM, YOU KNOW, UH, STATEMENT ABOUT HER APPRECIATION OF EVERYBODY THAT'S, UH, BEEN INVOLVED.

YOU KNOW, THOSE ARE A LOT OF LATE NIGHT CALLS, UM, YOU KNOW, IN THE, IN THE EVENING.

AND, UM, YOU KNOW, I, I KNOW THAT THEY CAN, UM, SOMETIMES YOU LEAVE FEELING LIKE YOU'VE, YOU KNOW, REALLY GOTTEN SOMEWHERE AND SOMETIMES YOU FEEL LIKE, WELL, GOSH, NOW I JUST HAVE MORE QUESTIONS, .

SO, UM, I I, I JUST REALLY THANK, UH, EVERYBODY FOR, FOR STEPPING UP AND, UM, AND GETTING INVOLVED.

NUMBER FIVE, UPDATE FROM THE URBAN FORESTRY COMMITTEE REGARDING THE MEETING ON SEPTEMBER 14TH, 2026.

ANY OTHER, UH, COMMISSIONER QUESTIONS OR COMMENTS ON THAT UPDATE? OKAY.

SEEING NONE, WE'LL MOVE ON TO COMMITTEE UPDATES.

ITEM

[5. Update from the Urban Forestry Committee regarding the meeting on September 14, 2026.]

YEAH, WE HAD A VERY GOOD PRESENTATION FROM, UH, NICO, UH, HOWARD ON, UH, WILDFIRE.

AND I BELIEVE, UH, NICOLE MAY HAVE, UH, FORWARDED THE SLIDE PRESENTATION OUT TO EVERYONE.

WILDFIRE IS A VERY CRITICAL PROBLEM WE HAVE IN THE AUSTIN AREA, AND NICO ATTENDED A, UH, CONFERENCE ON WILDFIRE IN THE AUSTIN AREA, I DUNNO, A COUPLE OF MONTHS AGO.

AND, UH, LIKE MANY SLIDE DECKS THAT YOU GET, THE SLIDE DECK ONLY GIVES YOU ABOUT 30% OF THE CONTENT, BUT THE SLIDE DECKS ARE INFORMATIVE.

ONE OF THE LAST SLIDE DECKS IS A, UH, EXTREMELY LONG REFERENCE LIST OF, UH, BACKUP MATERIAL TO READ AND THAT SORT OF THING.

SO I WOULD ENCOURAGE YOU TO, UH, YOU KNOW, IF YOU HAVE TROUBLE SLEEPING AT NIGHT, UH, CLICK ON ONE OF THOSE AND, UH, THAT'LL, THAT'LL TAKE CARE OF YOUR INSOMNIA.

THE OTHER THING IS THAT, UH, UH, COMMISSIONER LUKI, UH, HAS, UH, BEEN WORKING OVER THE PAST COUPLE OF YEARS ON A TREE PLANNING PROGRAM OUT IN WINDSOR PARK, AND ONE OF THE THINGS WE'VE BEEN DISCUSSING IS TO SEE IF WE CAN'T SCALE THAT A LITTLE BIT LARGER ACROSS THE CITY.

AND WE, HE BROUGHT SOME MATERIALS FOR US TO EXAMINE TO, YOU KNOW, HE'S SPINNING THIS UP AGAIN FOR ANOTHER GO AT IT IN WINDSOR PARK, AND I THINK HE'S HAVING THE ROLLING STONES AND, UH, TAYLOR SWIFT SHOW UP TO DRIVE ATTENDANCE.

BUT, UH, AND NEW ORDER.

SO, AND NEW ORDER.

I'M GOING ORDER.

YEAH, THERE YOU GO.

UH, BUT THE, THE POINT IS HE'S DONE A VERY SUCCESSFUL THING OUT THERE GETTING TREES PLANTED IN COOPERATION WITH TREE FOLKS AND, AND A NUMBER OF OTHER, UH, VOLUNTEER COMMUNITIES.

AND WE'RE LOOKING AT, UH, TEAMING UP SOME PEOPLE IN EAST AUSTIN TO DRIVE THAT IN A COUPLE OF SELECTED NEIGHBORHOODS AS A TRIAL EFFORT TO SEE WHAT WORKS, WHAT DOESN'T WORK.

AND THEN AS WE EXPERIMENT WITH THIS, WE'LL BE ABLE TO SCHEDULE, YOU KNOW, RAMP IT UP IN OTHER PARTS OF THE CITY TO MAKE IT WORK BETTER.

THE END GOAL IS TRY TO ACCELERATE THE TREE CANOPY COVER THAT THE CITY HAS, YOU KNOW, AGGRESSIVELY FORECAST FORECASTED OR PLANNED OR WHATEVER YOU WANT TO CALL IT, FOR 2050.

AND WE WANT TO BE PART OF THE SOLUTION, UH, TO THAT RATHER THAN IT BE A BYSTANDER AND, YOU KNOW, JUST SUBMIT RECOMMENDATIONS.

SO THAT'S KIND OF WHERE WE ARE WITH THAT.

BUT, UH, MARTIN, DO YOU HAVE ANYTHING TO SAY?

[02:45:01]

UM, UH, OUR GOAL IN WINDSOR PARK HAS BEEN TO, UM, INCREASE THE TREE CANOPY BECAUSE, UM, THE HEAT ISLAND EFFECT IN EAST AUSTIN IS PRETTY SIGNIFICANT.

UM, WEST AUSTIN HAS 40 TO 60% TREE CANOPY.

EAST AUSTINSON HAS 20 TO 30.

AND THE TEMPERATURE DIFFERENCE ON ANY GIVEN, UH, SATURDAY, UH, UH, DURING THE SUMMER IS FOUR OR FIVE DEGREES COOLER ON THE WEST SIDE.

WE HAVE A LOT MORE CONCRETE ON THE EAST SIDE, AND, UH, WE JUST NOTICED THAT IN WINDSOR PARK, TREES HAVE DIED AND NOT BEEN REPLACED.

AND SO THERE'S JUST SPOTS ALL OVER THE PLACE, BASICALLY IN PEOPLE'S FRONT YARDS WHERE WE COULD PLANT TREES THAT WOULD ESSENTIALLY COVER THE STREETS.

AND WE CALL THE PROGRAM SHADE THE STREETS.

IT'S, AND THE IDEA IS THAT PEOPLE ALREADY HAVE WATER IN THEIR YARD.

IT'S EASY TO WATER TREES.

THEY, WE DON'T HAVE TO ASK VERY MUCH TO ADOPT THIS TREE.

WE TELL EVERYBODY WHO TAKES A TREE, THEY ACTUALLY GET TWO TREES, TAKE 'EM, UH, TO PLEASE WATER 'EM FOR THREE YEARS, ONCE A WEEK.

AND SO THIS OUTREACH PROGRAM THAT WE HAVE RIGHT NOW, IT'S ACTUALLY JUST INITIATED AGAIN.

UH, UH, I HAVE A GROUP OF 15 VOLUNTEERS.

I CALL 'EM THE SHADE BRIGADE, AND THEY'RE LITERALLY GOING DOOR TO DOOR WITH, UH, WITH THIS, UH, IDEA OF, UH, TAKING FREE TREES.

WE'RE GONNA HAVE A BIG EVENT IN, UH, ON OCTOBER 17TH.

UH, IT'S CALLED ECO FEST.

WE DO IT AT BAROLO PARK.

WE'RE GONNA HAVE, YOU KNOW, ALL THE USUAL SUSPECTS, UH, SIERRA CLUB, ALL THE ECO, UM, ENVIRO, UH, ORGANIZATIONS THAT YOUTH RIVER WATCH, PEOPLE LIKE THAT, THAT ARE GONNA BE TABLING THERE.

UM, GONNA HAVE, UH, MINOR MISHAP, MARCHING BAND IF YOU REALLY WANT TO SEE SOMETHING FUN.

AND, UH, UH, CONGRESSMAN DOGGETT ALWAYS MAKES AN APPEARANCE.

HE, HE REALLY SUPPORTS OUR PROGRAM, AND SO WE HAVE FOUND IN WINDSOR PARK THAT WE HAVE AN AMAZINGLY WIDE BANDWIDTH OF VOLUNTEERS TO, TO COME IN AND DO THINGS LIKE THIS.

SO WE'RE VERY FORTUNATE IN THAT REGARD.

AND, AND WE'VE BEEN REACHING OUT TO OTHER NEIGHBORHOOD ASSOCIATIONS SURROUNDING US ON THE EAST SIDE, AND WE HAVE FOUND THAT NOBODY HAS BANDWIDTH LIKE WE DO, AND THEY'RE INCAPABLE OF DOING THE THING WE'RE DOING.

AND SO, UM, THE ONE THING THAT TREE FOLKS HAS CHANGED NOW, THIS FIRST YEAR, UH, THIS IS THE FIRST TIME WE'RE DOING IT, IS THAT THEY'RE HAVING A HOME DELIVERY SYSTEM SET UP BASED UPON ANYBODY IN THE CITY WHO WANTS TREES.

THEY GO TO THE, THE WEBSITE DESIGNATED, UH, WE'VE GOT A QR CODE AND, AND, UM, THIS FORM THAT WE HAND OUT TO EVERYBODY ON THEIR FRONT DOOR, UH, TAKE SOME DIRECTLY TO TREE FOLKS, AND THE TREES WILL BE DELIVERED TO THEIR HOME.

AND SO THAT REALLY ELIMINATES BARRIERS TO PEOPLE, YOU KNOW, GETTING, GETTING THE TREE THERE TO THEIR HOUSE.

AND SO WE'RE GONNA SEE HOW, HOW THAT WORKS, BUT WE WE'RE CONFIDENT WE'RE GONNA GIVE AWAY ANOTHER THOUSAND TREES IN THIS SCENARIO.

THEY'LL HAVE 500 TREES AT ECO FESTS.

SO IF YOU MISSED IT, YOU CAN STILL COME AND GET SOME, WE'LL HAVE, UH, FREE MULCH.

AND, UH, SO, UH, I THINK, UH, TO EXPAND THE PROGRAM SOUTH AND, AND, UH, AND, UH, ON THE EAST SIDE, I THINK IS AMBITIOUS.

IT'S DIFFICULT, UH, BUT, UH, WE FEEL LIKE WE'RE PUTTING TOGETHER A PROGRAM WHERE WE CAN TRY TO MAKE IT WORK IN OTHER PLACES AND, AND, UM, SEE IF WE CAN GET MORE BUY-IN FROM, UH, CITY GOVERNMENT TO, UH, SUPPORT IT.

YOU KNOW, I, I ENVISION THE MAYOR'S OFFICE BEING INVOLVED, UH, ON A LARGER SCALE, HAVING, HAVING A LARGER EVENT, UM, WITH, UH, SUPPORT FROM, YOU KNOW, LOCAL TELEVISION, RADIO, NEWSPAPER TO, TO EXPAND THE REACH OF, OF THIS IDEA.

'CAUSE RIGHT NOW IT IS REALLY FOCUSED VERY NARROWLY IN, IN OUR NEIGHBORHOOD AND, AND A LITTLE BIT AROUND US.

SO, UM, I'M REALLY GRATEFUL THAT, UH, COMMISSIONER BRIMER IS TAKING AN INTEREST IN THIS IDEA THAT WE HAVE AND, UH, TRYING TO MAKE IT BIGGER.

AND I WILL SAY THAT, UH, LIZ, WE'RE NOT LETTING YOU OFF THE HOOK.

I KNOW I'VE, I'VE DONE A CAREFUL ANALYSIS OF YOUR BUDGET AND I KNOW YOU'RE SQUANDERING MONEY ON, ON WORTHLESS ACTIVITIES, AND WE'RE GOING TO ASK FOR THAT MONEY TO SUPPORT THIS ACTIVITY.

SO JUST BE AWARE THAT I'VE GOT YOU TARGETED, OKAY? WE'LL KEEP YOUR, OUR EYE OUT.

SO, SO WHEN YOU GET THAT EMAIL, BE AWARE THAT, YOU KNOW, BE READY.

OKAY? ALL RIGHT.

ITEMS? OKAY, HEARING NONE.

MOVING ON TO FUTURE AGENDA ITEMS. ANY FUTURE AGENDA

[02:50:01]

ARE THERE ANY OBJECTIONS TO ADJOURNMENT? ANY OBJECTIONS? HEARING NONE.

THE TIME IS 8:54 PM AND WE ARE ADJOURNED.