Commissioners Court - Regular Session

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28.

Meeting Date:	10/27/2009
Submitted For:	Mary Clark	Submitted By:	Mary Clark, Commissioner Pct. #1
Department:	Commissioner Pct. #1

Information

Agenda Item

Discuss and take possible action regarding the Texas Transportation Commission Minute Order #111972.

Background

The Williamson County Conservation Foundation board has discussed concerns regarding the proposed amendments to the Memorandum of Understanding between Texas Department of Transportation and Texas Parks and Wildlife Department as described in Texas Transportation Commission Minute Order #111972 which is dated September 24, 2009. According to the preamble of the proposed change, the requirement that TxDOT provide compensatory mitigation for impacts to unregulated resources will have no fiscal or economic effects on local governments. This is difficult to understand. Transportation funding is increasingly scarce as TxDOT continues to announce funding cutbacks and additional cost increases the likelihood that a project may be delayed or that the local jurisdiction may be asked to cover most of the cost. Since the cost of mitigation will be greatest for new projects or significant expansion of existing projects into undisturbed habitats, it seems that areas like Williamson County that are experiencing rapid growth may be disproportionately affected in comparison to dense urban areas and rural areas.

The minute order appears to have a blanket provision of compensatory mitigation for impacts to unregulated resources. We are trying to understand the precisely what the policy justification may be. No provisions are being made for projects that are already mitigating for impacts to regulated resources. Williamson County leaders and consultants have worked extensively and dedicated many hours and resources to obtain the RHCP which successfully obtained the USFWS approval. Mitigation payments under the RHCP have the affect of compensation for both regulated and collaterally, unregulated resources. Mitigation for unregulated resources would, in those cases, amount to a double-dip.

Today we are asking that the Commissioners Court approve a letter to be sent to Dianna Noble, Director of Environmental Affairs at Texas Department of Transportation to express our concerns and ask that TxDOT defer any action on this component of the amendments to the MOU until the Texas Legislature has considered whether it desires to direct this agency transfer of funds.

Fiscal Impact

From/To	Acct No.	Description	Amount

Attachments
Minute Order #111972

Form Review

Inbox	Reviewed By	Date
County Judge Exec Asst.	Wendy Coco	10/22/2009 11:49 AM
Form Started By: mclark		Started On: 10/22/2009 10:09 AM
Final Approval Date: 10/22/2009