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19-35 - R1 TOWN OF PROSPER, TEXAS RESOLUTION NO. 19-35 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, APPROVING THE ENVIRONMENTAL REVIEW CHECKLIST FOR LOCAL PROJECTS AS REQUIRED BY ARTICLE 11 OF THE "ADVANCE FUNDING AGREEMENT FOR A PROJECT USING FUNDS HELD IN THE STATE HIGHWAY 121 SUBACCOUNT" APPROVED BY THE TOWN COUNCIL ON MARCH 13, 2018 FOR THE CONSTRUCTION OF THE REALIGNMENT AND INTERSECTION IMPROVEMENTS ON FM 1385 WITH THE NEW GEE ROAD (FISHTRAP ROAD); MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 13, 2018, the Town Council of the Town of Prosper, Texas, authorized the Town Manager to execute an Advance Funding Agreement for a Project Using Funds Held in the State Highway 121 Subaccount "Advance Funding Agreement" for the On -System Improvements between the Texas Department of Transportation "TxDOT" and the Town of Prosper, Texas, related to the West Prosper Roads project; and WHEREAS, the Town Manager executed the Advance Funding Agreement on March 13, 2018, and the Director of Contract Services for TxDOT executed the Advance Funding Agreement on April 2, 2018; and WHEREAS, the Advance Funding Agreement provides $1,000,000 from the Regional Toll Revenue "RTR" SH 121 Subaccount for the construction of the realignment and intersection improvements on FM 1385 at Gee Road in the Town of Prosper, Denton County, Texas; and WHEREAS, Article 11 of the Advance Funding Agreement entitled "Compliance with Laws, Environmental Review and Public Involvement," requires that the Local Government furnish the State with satisfactory proof of compliance with all applicable federal, state, and local laws, statutes, ordinances, rules and regulations; and WHEREAS, as provided in 43 TAC 2.3(b)(1)(A), the State's environmental review requirements do not apply to the Project because the State is funding the Project solely with money held in a project subaccount created under the Texas Transportation Code, Section 228.012; and WHEREAS, the North Central Texas Council of Governments "NCTCOG" researched and developed a local environmental review process to assist agencies in fulfilling the local environmental review requirements; and 1 WHEREAS, on April 30, 2019, the Town of Prosper, Texas, completed and submitted the NCTCOG Appendix A: Environmental Review Checklist for Local Projects to NCTCOG for its review; and WHEREAS, on May 9, 2019, NCTCOG reviewed and accepted information provided by the Town of Prosper, Texas, on Appendix A: Environmental Review Checklist for Local Projects; and WHEREAS, the final step in the environmental review process is local approval of Appendix A: Environmental Review Checklist for Local Projects. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2 The Town Council approves Appendix A: Environmental Review Checklist for Local Projects as required by Article 11 of the "Advance Funding Agreement for a Project Using Funds Held in the State Highway 121 Subaccount." SECTION 3 A copy of this Resolution shall be sent to Nathan Drozd, Principal Transportation Planner, Streamlined Project Delivery and Data Management, North Central Texas Council of Governments, 616 Six Flags Dr., Arlington, TX 76011. L4_-raiMIT n, Any and all resolutions, rules, regulations, policies, or provisions in conflict with the provisions of this Resolution are hereby repealed and rescinded to the extent of any conflict herewith. SECTION 5 This Resolution shall be effective from and after its passage by the Town Council. Resolution No. 19-35, Page 2 1 1 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 11TH DAY OF JUNE, 2019. ATTEST: Robyn Batt, e, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Ray Smit , Mayor OV Pp 191Q TEx Resolution No. 19-35, Page 3 1. Project Description 1A. Length (feet or miles) 1 B. Scope of Work 2. Implementing Agency 3. Primary Contact for the Implementation Agency 4. Form Preparer Fishtrap Road from Red Fox Drive to FM 1385 1330 feet Realign and improve the intersection of FM 1385 and Fishtrap Road Town of Prosper, TX Name/Title: Hulon T. Webb, Jr., P. E. Phone: 972-569-1198 e-mail: hulon_webb@prospertx.gov Name/Title: Ken Griffin, P. E. Phone: 972-569-1092 e-mail: ken_griffin@prospertx.gov 5. Date Form was Prepared_ 6. Project Costs: _ Total Amount $ Amount of RTR Funding$ • Engineering _ 151,900 • Right -of -Way _I 286,000 • Utility Relocation _I 0 _ • Construction 1,376,500 1,000,000 • Total 1,814,400 1,000,000 7. Date of Cost Estimate April 26, 2019 8. TIP Number 20295.2 9. Project Location Map Attached (0) Yes (©) No 10. Briefly describe the problems/issues and how the project will eliminate or help solve them. Include anv information concerning other alternatives considered during proiect development. This project will realign existing Fishtrap Road to intersect with FM 1385 at a different location. The portion of existing Fishtrap between Lancashire and FM 1385 will be abandoned. In the future, TxDOT will realign FM 1385 to tee into Fishtrap Road south of where this realignment will intersect FM 1385. Once TxDOT has reconstructed FM 1385, this realigned portion of Fishtrap Road will be the link between FM 1385 to the north and FM 423 to the south (via Gee Road). Overall, this project will eventually create a more efficient north/south movement of traffic. 11. List the local planning document(s) that include this project (e.g., comprehensive plan, thoroughfare plan, long-range plan, CIP). Include the plan name, date, program year, project numbers, etc. are associated with it. Thoroughfare Plan, as amended by Ordinance No. 11-54 on August 9, 2011, and included as Section 13 of the Town of Prosper Comprehensive Plan, as amended by Ordinance No. 12-21 on August 14, 2012. 12. Is the project consistent with other transportation, infrastructure, or (lO) Yes (0) No community projects or plans? If yes, list the plan/project name and agency/authority. If no, list the plan/project and why this project is not consistent. Denton County Thoroughfare Plan, as approved April 18, 2017. 13. Is the proiect ADA compliant? Yes (0) No Resolution No 19-35, Page 4 LOCAL SUPPORT••• • 14. Is the project along a transit, pedestrian, bicycle, or haul route? If no, go to 15. (0) Yes (0) No 14A. Will the project interfere, restrict, or otherwise permanently impact these (❑) Yes (❑ No routes? 14B. Has the proper authority/agency been contacted? — (E3 Yes No 15. Does the project cross or involve a railroad crossing (at -grade or grade- (0) Yes (Q) No separated? If no, go to 16. 15A. Will the project change the number of at -grade roadway/railroad (❑ Yes (❑) No crossings? 15B. Has an agreement with the railroad been executed? If yes, attach to form. (❑ Yes (❑ No 16. List any local governmental approvals (e.g., Board/Council/Commission) or permits that have been obtained (with dates) or will be needed for the project (with anticipated dates). Town Council approved a Road Improvements and Construction Agreement for the design and construction of Fishtrap Road on February 24, 2015. Town Council approved an Advance Funding Agreement with TxDOT for off -system improvements adjacent to Fishtrap Road on August 9, 2016. Town Council approved an Advance Funding Agreement with TxDOT for on -system improvements to Fishtrap Road on March 13, 2018. 17. List the dates of meetings and any other efforts to inform the community about this project. A public presentation was made on February 24, 2015 at the Town Council meeting to discuss the project. At the August 9, 2016 and the March 13, 2018 Town Council meetings, information about the project was published on an agenda but approved via consent agenda motion. Notices about all three meetings were posted at Town Hall and published in the paper. 17A. In general, describe any comments received by the public. No comments were received in opposition of the project. 17B. List the outreach efforts taken to engage environmental justice and the LEP communities. All agenda postings for meetings includes the language "For special services or assistance, please contact the Town Secretary's Office at (972) 569-1011 at least 48 hours prior to the meeting time." No special services or assistance was requested prior to or during the meetings listed above. 18. Will additional right-of-way be needed? If no, go to 20. (Q) Yes (Q) No 18A. How much (total acres) is needed? 1.42 18B. How many parcels will be affected? 1 18C. Briefly describe the existing land use of the area(s) to be acquired. The property is undeveloped with no improvements. 18D. Will the right-of-way be acquired using fair market value? (W Yes ([::])No Resolution No 19-35, Page 5 19 20 Will any buildings and/or structures be displaced? If no, go to 20. (0) Yes (� 19A. How many structures will be displaced? 19B. Indicate the number for each type: _ • Single -Family • Multi -Family Buildings and Units • Commercial • Industrial • Places of Worship • Public Facilities • Other � _ 19C. Will relocation assistance be provided? (❑) Yes ([ Will utilities need to be relocated? If no, go to 21. (0) Yes 20A. List the type of utilities to be relocated and any special considerations that need to be known. 18" water line owned by Artesia Water District Overhead electric lines owned by CoSery Electric Gas line owned by CoSery Gas Fiber Optic line owned by AT&T No No No 20B. Have utility conflicts been resolved? If no, what are the procedures to (❑) Yes (xM No resolve the conflicts and anticipated schedule for resolution? All utility companies have been provided copies of the plans and notified of the construction time -line. Artesia water line will be relocated as part of the construction project. Overhead electric and fiber optic will be relocated before the start of the project. Gas line is currently being relocated. 20C. Have the required utility permits been obtained? If yes, list the types and dates. If no, list the types and anticipate dates. No permits are required. 21. Will the project affect the location or view of existing billboards? If yes, describe the location of the billboard(s) and effects. (❑) Yes ( D No (0) Yes (0) No Resolution No 19-35, Page 6 22. Will the project affect dedicated publicly owned parkland, wildlife refuges, or (C)) Yes (&) No recreation areas? If yes, describe the property affected, type (e.g., use, number of acreage affected), and impact. There is no parkland, wildlife refuges or recreation areas within the limits of this project. 23. Will the project disturb archaeological resources? (0) Yes (Q) No If ves, describe the resource and impact and attach the THC Antiquities Permit. __J 24. Will the project impact or disturb of any property listed as a SAL and/or RTHL (0) Yes ((D) No and/or listed on the NRHP? If yes, describe the resource (e.g., list address) and impact and attach the THC Antiquities Permit. 25. Has this project been coordinated with the THC? (0) Yes ((D) No If yes, attach all relevant correspondence. 26. Have you coordinated with your local historic preservation organization? Yes Q No 27. Will the construction plans or contract include a provision that requires all (G)) Yes (0) No work in the area to cease and contact THC immediately if a suspected archeological object/artifact is found or uncovered during construction operations? If no, please contact NCTCOG. J 28. Are there any federal threatened or endangered species and/or their habitat (0) Yes (0) No located within the project area? If no, go to 29. 28A. Has coordination been initiated with USFWS and has a (E3 Yes (E-1) No presence/absence survey been conducted? 28B. If yes, explain the results of the coordination and survey efforts and attach all relevant correspondence. If no, when will the coordination be initiated? 29. Will the construction plans or contract include a provision that requires all work in the area to cease and contact USFWS immediately if a suspected federally -listed threatened or endangered species is encountered during construction operations? If no, please contact NCTCOG. (0) Yes (0) No Resolution No 19-35, Page 7 ENVIRONMENTAL INFORMATION 30. Are there any state threatened or endangered species and/or their habitat (0) Yes (0) No located within the proposed project area? If no, go to 31. 30A. Has coordination been initiated with TPWD? (❑) Yes (❑) No 30B. If yes, explain the results of the coordination efforts and attach all relevant correspondence. If no, when will coordination be initiated? MIGRATORY BIRD TREATY ACT 31. Based on field observations, are migratory birds located in the proposed (Q) Yes (Q) No project area? 32. Are old or abandoned migratory bird nest located in the proposed project (0) Yes (Q) No area? State the type of nest and abundance. 33. Will the construction plans or contract include a provision that will require (0) Yes (Q) No com liance with the Migratory Bird Treat Act? If no, please contact NCTCOG. ILARMLANDIW 34. Does the proposed project area cross any prime or unique farmlands that is (Q) Yes (Q) No not already in or committed to urban development? 35. Will the project impact any USACE wetlands, water bodies, or streams? (Q) Yes (Q) No If no, go to 37. 35A. Will the impacts be authorized under a NWP? If no, go to 35B. _ Yes ❑ No 35A.i Will a PCN be required? (ED Yes ([-])No _ 35A.ii Specify what NWP will be used and the include date (or NWP: anticipated date) of permit. Date: 35B. Has the USACE issued the IP? List the date (or anticipated date) of permit. ([a Yes (❑) No Attach all relevant correspondence. Date: r36. Will the project require a USACE permit? If no, go to 37. (Q) Yes ((D) No 36A. Are the impacts covered under the USACE permit equal to or greater (❑ Yes ([-])No than three acres of water bodies or wetlands or equal to or greater than 1,500 linear feet of stream? If no, go to 366. _ 36A.i. Has a Tier II Section 401 water quality certification been submitted ([a Yes (❑ No to the TCEQ? _ 36A.ii Have BMPs been included in the construction plans? Go to 37. (0 Yes (❑) No 36B. Has a Tier I Section 401 water quality certification checklist been (❑ Yes (0 No completed for the permit? Submit with PCN or I to USACE if applicable. 37. How many acres of soil disturbing activities are required for the project? (0) 0-1 acre If 0-1 acres, go to 38. (Q) 1-5 acres If 1-5 acres, go to 37A. (Q) 5 or more If 5 or more acres, go to 37B. acres 37A. Do the construction plans comply with the TPDES General Permit for Yes ([-])No Construction Activity and include a SW3P? Go to 38. 37B. Has a NOI been filed with the TCEQ detailing the SW3P for the project? ([-])Yes (❑X) No Resolution No 19-35, Page 8 ENVIRONMENTAL INFORMATION 38. Will the project occur within, encroach upon, or occur five miles upstream of (())Yes (0) No a listed impaired water of the TCEQ Section 303(d) list? If no, go to 39. _ 38A. Has the project been coordinated with TCEQ for maximum daily loads? _ Yes No 38B. Have BMPs been included in the construction plans? —� Yes No 39. Does the implementing agency possess an MS4 permit? If no, go to 40. (•) Yes () No 39A. Will the project impact the MS4 permit? (ND Yes ❑ No _ 39B. Explain how and what mitigation is proposed. The Town of Prosper adopted a Storm Water Management Ordinance on December 13, 2016. The Ordinance meets the requirements of General Permit TXR040500. 40. Will the project require work in the Trinity River Regulatory Zone? (o) Yes (0) No If no, go to 41. 40A. Has a CDC been completed and sent to the local CDC/floodplain ([—])Yes (❑ No administrator? 41. Could the project change the 100-year water surface elevation, induce erosive (0) Yes (Q) No velocities, or result in conveyance changes? If no, go to 42. 41A. Has the project been coordinated with the local floodplain administrator (❑ Yes (❑ No and USACE to address potential impacts. Attach approval correspondence. 42. Will the project disturb existing vegetation or remove trees? If no, go to 43. (0) Yes (0) No _ 42A. Will revegetation be included in the construction plans? (ED Yes ® No 42B. Check all statements that apply • Natural vegetation will be preserved whenever practicable Yes (❑ No • Mitigation/vegetation will comply with local tree ordinances (ED Yes (❑ No (ED Yes (❑ No • Native plants will be used whenever practicable ([:D Yes (❑ No • Xeriscaped plants will be used to help with water conservation (ED Yes (❑ No • Landscaping will be in accordance with any local aesthetic requirements 43. Will the project improve air quality? (0) Yes (0) No 44. Are there any air quality sensitive receivers immediately adjacent to the (0) Yes (0) No project? 45. Will the construction plans or contract include a provision requiring the (0) Yes (0) No contractor to make reasonable effort to comply with local, state, and federal regulations, pertaining to construction equipment emissions and/or construction equipment work hour restrictions? rREGULATED MATERIALS 46. Has a regulated/hazardous materials on -site visual inspection been (0) Yes (0) No conducted? _ 47. Will the project require additional right-of-way from or be located near a I (0) Yes (0) No known potential regulated materials site? 48. Does the implementing agency have a spill prevention/response plan in place (0) Yes (0) No for construction projects? 59. Will the construction plans or contract include a provision requiring (0) Yes (0) No compliance with local, state, and federal regulations, pertaining to regulated materials on construction sites? Resolution No 19-35, Page 9 50. Are any special permits or clearances (e.g., Section 408, Section 9, Section 10, (0) Yes ((F)) No FAA airway clearance) required? If yes, please list those needed and status of obtaininq the required permits and/or clearances. CONSTRUCTION 151. What is the estimated time of construction? 10 Years to Months 52. Will the construction of the project limit access and/or require detours? If yes, (lO) Yes (0) No describe the impacts and how they will be minimized or mitigated during construction. There will be temporary on -site asphalt detours to allow for construction of the Lancashire and Fishtrap intersection. Access to adjacent property will be maintained at all times. The duration of the detour should be less than 4 months. About 50 households will be impacted by using the detour. All but one household has an option to use an alternate route to avoid the detour. 53. What types of facilities or services could be impacted during construction and how will they be notified of the construction project, changes in access during construction, or detours? I Who will be/was Facility/Service Affected? Notification Method Notified? • Residences (0) Yes (0) No mail -outs, social media, door hangers adjacent households • Businesses (0) Yes (Q) No • Hospitals, Fire, Police Stations (®) Yes (e)) No • Emergency Services l (0) Yes (0) No • Public Facilities (0) Yes ((F)) No (e.g., libraries, schools) • Transit Routes (0)Yes ((!)) No • Bicycle Routes (0) Yes ((F)) No • Haul Routes (®) Yes (Q) No 54. Are there any noise sensitive receivers near construction area or along the (0) Yes (0) No detour routes? 55. Will the construction plans or contract include a provision requiring the (0) Yes (0) No contractor to make reasonable effort to minimize construction noise through abatement measures, such as work -hour controls and proper maintenance of muffler systems. CERTIFICATION• I certify the information provided in this form accurately reflects the status of compliance with applicable laws and regulations for the project. Signature: Date: See Next Page Name: Title: Resolution No 19-35, Page 10 ..,- Appendix A: Environmental Review Checklist for Local Projects 50. Are any special permits or clearances (e.g., Section 408, Section 9, Section 10, (0) Yes ((D) No FAA airway clearance) required? If yes, please list those needed and status of obtaining the required permits and/or clearances. CONSTRUCTION 51. What is the estimated time of construction? o Years to Months 52. Will the construction of the project limit access and/or require detours? If yes, ((j)) Yes (0) No describe the impacts and how they will be minimized or mitigated during construction. There will be temporary on -site asphalt detours to allow for construction of the Lancashire and Fishtrap intersection. Access to adjacent property will be maintained at all times. The duration of the detour should be less than 4 months. About 50 households will be impacted by using the detour. All but one household has an option to use an alternate route to avoid the detour. 53. What types of facilities or services could be impacted during construction and how will they be notified of the construction project, changes in access during construction, or detours? Who will be/was Facility/Service Affected? Notification Method Notified? • Residences (e)) Yes (®) No mail -outs, social media, door hangers adjacent households • Businesses (0) Yes ((j)) No • Hospitals, Fire, Police Stations (®) Yes (E)) No • Emergency Services (0) Yes (E)) No Public Facilities (®) Yes ((F)) No (e.g., libraries, schools) • Transit Routes (0) Yes (�) No • Bicycle Routes (®) Yes (& No • Haul Routes (®) Yes (Q) No 54. Are there any noise sensitive receivers near construction area or along the Yes (Q) No detour routes? 55. Will the construction plans or contract include a provision requiring the ((F)) Yes (0) No contractor to make reasonable effort to minimize construction noise through abatement measures, such as work -hour controls and proper maintenance of mufflers stems. CERTIFICATION•• I certify the information provided in this form accurately reflects the status of compliance with applicable laws and regulations for the project. Signature: Date: 4-13o J19 Name R. Title: + c" 11 /20/2012 A-7 Resolution No 19-35, Page 11 N wE Resolution No 19-35, Page 12 0 300 600 s Feet