DEPARTMENT: Transportation & Capital Improvements
DEPARTMENT HEAD: Mike Frisbie, P.E.
COUNCIL DISTRICTS IMPACTED: 2
SUBJECT:
Perrin Beitel Channel Improvements - On-Site Wetland Mitigation Conservation Easement
SUMMARY:
An ordinance authorizing the conveyance of a 0.330 acre perpetual conservation easement related to the wetland mitigation area associated with the Bexar County Flood Control Perrin Beitel Channel Improvement Project.
BACKGROUND INFORMATION:
The City and Bexar County (County) entered into the Third Amended Interlocal Agreement for Watershed Projects (ILA) in June 2016. Under the ILA, the City and County work together to fund and deliver watershed management projects to benefit the citizens of the City and County. The ILA established the terms and conditions for: (1) managing the design and construction of proposed flood control projects, (2) funding for construction, (3) transferring of fee interest or easement rights in land and improvements, and (4) operating and maintaining the project(s) upon substantial completion.
The Perrin Beitel Channel Improvements Project (Project) was developed under the ILA. The goal of the Project is to provide flooding relief to the homes in the Village North Subdivision and provide unflooded access along Perrin-Beitel Road for the 1% annual chance (100 year) storm event. The $9 million in improvements consist of rebuilding a portion of Perrin-Beitel Road to raise the roadway and shape the Beitel Creek channel from Vicar Road to Quail Creek to contain the 1% annual chance storm event flows. Bexar County designed the project and will begin construction in December 2016. As part of the design process, the County worked with the U.S. Army Corps of Engineers (USACE) to ensure compliance with the Clean Water Act (CWA). The Project will result in impacts to Beitel Creek and a 0.06-acre wetland. Because of these impacts, the USACE determined the Project would require a CWA Section 404 Nationwide Permit 43 (USACE Project Number SWF-2013-00274). The creation of a 0.1-acre on-site permittee-responsible wetland mitigation area and protection for the on-site permittee-responsible wetland mitigation area in the form of a conservation easement.
In cooperation with the USACE, the County proposed the use of a third party, Mitigation Futures Conservancy, to fulfill the roll of the Grantee responsible for the long-term preservation of the on-site permittee-responsible mitigation area. In fulfillment of the ILA, City will assume responsibility for the Project upon substantial completion and will be the Grantor of the conservation easement in perpetuity.
The County authorized and released a purchase order for $28,339.52 with Mitigation Futures Conservancy on September 1, 2016. This is a one-time fee for the conservation easement paid by County.
ISSUE:
This ordinance will authorize the conveyance of a 0.330 acre perpetual conservation easement related to the wetland mitigation area associated with the Bexar County Flood Control Perrin Beitel Channel Improvement Project.
The conveyance of the perpetual conservation easement is related to the permittee-responsible wetland mitigation area associated with the Perrin Beitel Channel Improvements Project. The conservation easement will be on City property within the Beitel Creek drainage right-of-way (Property ID 501428). Mitigation Futures Conservancy is a non-profit organization qualified under Section 501(c)(3) and will be the Grantee responsible for the annual oversight of the City’s long-term preservation of the on-site permittee-responsible mitigation area.
The conservation easement is a USACE permit requirement to ensure the long-term protection of the permittee-responsible wetland mitigation area. The permittee-responsible wetland mitigation area is being constructed to offset the loss of a 0.06-acre wetland due to the construction of the Perrin Beitel Channel Improvements Project.
ALTERNATIVES:
As an alternative the City can elect not to authorize this conservation easement. However, this will cause construction on the Perrin Beitel Channel Improvements Project to be delayed as the conservation easement must be in place prior to the start of construction.
FISCAL IMPACT:
No funds are appropriated by this action. The County authorized and released a purchase order for $28,339.52 with Mitigation Futures Conservancy on September 1, 2016. This is a one-time fee for the conservation easement paid by County.
RECOMMENDATION:
Staff recommends approval of this ordinance authorizing the conveyance of a 0.330 acre perpetual conservation easement related to the permittee-responsible wetland mitigation area associated with the Perrin Beitel Channel Improvements Project.