Res 2025-183 requesting Texas Department of Transportation (TXDOT) approval of a proposed non-radioactive hazardous materials (NRHM) transport route, generally located along FM110

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110 The City is a founding partner in the Edwards Aquifer Habitat Conservation Plan (EAHCP), along with the Edwards Aquifer Authority, Cityof New Braunfels, San Antonio Water System, Guadalupe - Blanco River Authority, Texas State University, Texas Parks and Wildlife Department, and United States Fish and Wildlife Service. The EAHCP is a regional plan intended to provide assurance that suitable habitat for covered species (i.e., threatened and endangered species) will remain in both the San Marcos and Coma[ springs and river systems. The minimization and mitigation measures of the EAHCP are "...designed to ensure that incidental take resulting from the Covered Activities will be minimized and mitigated to the maximum extent practicable and will not appreciably reduce the likelihood of the survival and recovery of covered species associated with the Edwards Aquifer and Coma[ and San Marcos springs and river systems." Implementation of the EAHCP began in 2013 and has been on -going, including various projects in the City. One of the remaining EAHCP commitments yet to be implemented is Habitat Protection Conservation Measure 5.3.4, which states the following: "Hazardous materials transported by truck across the watershed of the San Marcos River and its tributaries presents the possibility of accidental spills or releases into the environment. The limited geographical distribution of the endangered species at San Marcos Springs could cause the species to be highly impacted by such a spill. The City will coordinate with TXDOT to designate hazardous materials routes which minimize the potential for spills entering the San Marcos River. This effort will include legislation, if necessary, and additional signage." The City and EAHCP staff -initiated contactwith TXDOT in 2021, to begin the process of designating a hazardous materials route within the City limits. a • In establishing or revising a NRHM route, the FHWA process requires that the political subdivision (i.e., the City) must complywith both federal and state regulations for NRHM routing, including 49 CFR Part 397 and 49 CFR Part 171 (Federal) and 43 Texas Administrative Code (TAC), Sections 25.101-25.104 (State). The following steps outline the process of establishing or revising an NRHM route: 1. Initial Contact. A political subdivision considering the establishment of an NRHM route must contact the local TxDOT district office and any other political subdivisions within a 25- mile radius of any point along the proposed route. The political subdivision must consult with the district office and other affected political subdivisions during the process of determining the best NRHM route. Coordination with the Texas Department of Public Safety (DPS) and the local emergency planning council or committee is encouraged.