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HomeMy WebLinkAboutAESA24-0003cORDINANCE NO. AESA24-0003c AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE CREATION OF ECOLOGICAL MITIGATION PLAN FOR THE PERMANENT REMOVAL AND TEMPORARY DISTURBANCE OF ECOLOGICALLY IMPORTANT AREAS, KNOWN AS ENVIRONMENTALLY SENSITIVE AREAS (ESAS). THE SUBJECT SITE, FORMERLY KNOWN AS HUNTER RANCH, IS GENERALLY ON APPROXIMATELY 3,152 ACRES OF LAND, GENERALLY LOCATED ON BOTH SIDES OF 1-35W, BETWEEN ROBSON RANCH ROAD AND VINTAGE BOULEVARD IN THE CITY OF DENTON, DENTON COUNTY. TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S OFFICIAL ENVIRONMENTALLY SENSITIVE AREAS MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (AESA24-OO03C) WHEREAS, the property owner, HR3200, LP, (“Owner”), seeks to develop approximately 3,167 acres of land described and depicted in Exhibit “ A“ and attached hereto and incorporated herein by reference (the “Property”); and WHEREAS, the Owner seeks to temporarily disturb Environmentally Sensitive Areas across the Property and restore the ESA following a restoration plan described in Exhibit “B”; and WHEREAS, the Owner also seeks to remove Environmentally Sensitive Areas in approximately 78 locations across the Property and mitigate for the permanent removal of the ESAs on Mitigation Land described and depicted in Exhibit “C” following a mitigation plan described in Exhibit “B”; and WHEREAS, Owner has applied for an Alternative Environmentally Sensitive Area Plan pursuant to Chapter 2.8.4 of the Hunter Ranch Master Planned Community Agreement (Ordinance MPC 19-0002c), (hereafter, the “Landmark ESA Mitigation Plan”); and WHEREAS, the purpose of the Alternative ESA Plan, attached hereto as Exhibit “B,” and incorporated herein by reference, is to detail the mitigation activities and maintenance obligations Owner has agreed to in order to facilitate temporary disturbance and permanent removal of ESAs on the Property; and WHEREAS, on December 1 1, 2024, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, gave requisite notices by publication and otherwise, afforded full and fair hearings to property owners and interested citizens, and recommended approval with conditions (4–1) of the Landmark ESA Mitigation Plan; and WHEREAS, on December 17, 2024, the City Council likewise conducted a public hearing as required by law, and finds that the request satisfies all substantive and procedural standards set forth in Section 2.8.4.D. of the Hunter Ranch Master Planned Community Agreement, and is consistent with the 2040 Denton Comprehensive Plan; and WHEREAS, the City Council of the City of Denton, in considering the application for an Ecological Mitigation Plan for the Property, have determined that the proposed use for the Property and adoption of the Ecological Mitigation Plan is in the best interest of the health, safety, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said Alternative ESA Plan is in the public interest and should be granted as set forth herein with respect to the Property; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDArNS : SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The Alternative ESA Plan mitigates the impact of development of the Property and is hereby approved with the following conditions: 1. 2. Permission for land disturbances within Environmentally Sensitive Areas (ESAs) are limited to the remainder 3,152-acre of the Hunter Ranch Master Planned Community development area as described and depicted in Exhibit “A”. Proposed temporary disturbances to and permanent removals of ESAs shall be included in the Development Impact Area (DIA) and shall be described and depicted by the applicant and reViewed and approved by staff at any applicable permission for land clearance through a procedure described in Procedures for Recording the Mitigation Area, attached hereto in Exhibit “D”. Proposed temporary disturbances to ESAs described and depicted in the applicable plan for land disturbance shall be restored to its original condition or higher habitat quality following the procedures described in the Landmark ESA Mitigation Plan, attached hereto in Exhibit “B”. Planting shall commence prior to acceptance of public infrastructure or prior to the issuance of the first building permit, whichever is applicable and occurs first, or during the next appropriate growing season with a date certain provided by the applicant and upon written approval from the Director of Environmental Services and Sustainability, in the phase of development associated with the restoration activity. Proposed permanent removals of the ESAs described and depicted in the applicable plan for land disturbance shall be mitigated by procedures described in Landmark ESA Mitigation Plan, attached hereto in Exhibit “B” within the Mitigation Area described and depicted in Exhibit “C”, and the resulting Mitigation Area shall be recorded on a final plat following Procedures for Recording the Mitigation Area, attached hereto in Exhibit “D”. Plantings in the Mitigation Area shall commence prior to acceptance of public infrastructure or prior to the issuance of the first building permit, whichever is applicable and occurs first, or during the next appropriate growing season with a date certain provided by the applicant and upon written approval from the Director of Environmental Services and Sustainability, in the phase of development associated with the mitigation activity. The Mitigation Area established for each permanent removal may be more or less than the corresponding applicable plan for land disturbance for the proposed phase of development. The final Project-wide amount of in-kind mitigation land shall result in ratio of a minimum of 1 acre of impact to each ESA type to 1 acre of mitigation for each ESA type. 3. 4. 5 Page 2 of 4 6. The total seed mix referenced in Sections 5.1.3 and 5.1.4 of Landmark ESA Mitigation Plan, attached hereto in Exhibit “B”, shall result in a minimum application of 10% of each species from the sum of all proposed seed mixes through the applicable type of each mitigation activity. 7. Trees planted in accordance with Section 5.1.3 of Landmark ESA Mitigation Plan, attached hereto in Exhibit “B”, shall apply toward tree mitigation requirements for trees removed from ESAs, except Cross Timbers Upland Habitat, as outlined in the Hunter Ranch Master Planned Community Ordinance (VIPC19-0002c) or any other subsequent applicable land development statutes. 8. A minimum of one (1) educational sign shall be installed at the intersection of any restored ESA and primary public access point in a visible location. The signs shall be designed by the applicant and subject to approval of the Director of Environmental Services and Sustainability. The signs shall be installed prior to the issuance of the first building permit in the phase of the development associated with the impact. 9. A minimum of six (6) educational signs shall be installed adjacent to and within the Mitigation Area. The signs shall be designed by the applicant and subject to approval of the Director of Environmental Services and Sustainability. Three signs shall be installed prior to the final acceptance of the first Mitigation Area project and three signs shall be installed prior the final acceptance of the final Mitigation Area project. 10. Each phase of the project will continue to be monitored and repaired for a minimum of three years starting at the time of the initial planting for that phase and until the conditions of the plan have been met. Upon receipt of the third annual report City of Denton staff will perform an inspection and, upon confirmation the conditions of this plan have been met, issue a letter of acceptance. 11. The Property owner retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the Mitigation Area, and the responsibility to implement and enforce the requirements of the Alternative ESA Plan, and cure any defaults of the Alternative ESA Plan. SECTION 3. The City’s official ESA map shall be amended upon approval of an application for development on the Property to reflect the approved impacts and mitigations, as applicable to the approved development application. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. The motion to approve this ordinance was made by Gerard Hudspeth and Page 3 of 4 seconded by Jill Jester, the ordinance was passed and approved by the following vote [ 6 - 1]: Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Paul Meltzer. District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Jill Jester, At Large Place 6: X X X X X X X PASSED AND APPROVED this the 17th day of December, 2024. GERARD HUDSPETH, MAYOR ATTEST: LAUREN THODEN, CITY SECRETARY IIIL\\\\\11111ION BY: (dIMM Hh APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Hilary Negro Deputy City Attorney Page 4 of 4 L JO LL#t9Vdl tZqL60 :alva 269g #J3V so6pPa 'I :A8 a]y93H9 UOLUOOJJ 'a :Aa NAAVUa gOOgLUAAH # 80r u&P'$X3-BO081UAH\BIlqlqx 1\AaA dns-\Aea JejBon\gABy- n)WIH-8008tuAH\Bar\:9 MIx ; asa ILlns 'AVMyUVd aooM111H 0086 poolnlsaM DUI XIIAJeS IwajBagaId FxxwvtUW EaV ELUaaia) B Ua Qq-I0 +)8HA•Ha B a) 1:B a # ef) OLE C/) 10< O + COb- Ocn aca) +- CD + Cr\i + L tO O(\1 – +- a) +- >,30 + C JO OU)LU) CCD C .-a) O .– .– 10 + >D LU) LOC .- C C 'F 103 q> cno VOn JC 10 .– CD .- 3D +- C – O – CC/)=a onE noL + CJ+-CJ•- – I)O C) . +- + +- aq)aLa) >It/) +- C/) aola) – a) a) aol .- aLLb > O 3 + aaLa) LL 0 b O'- a)C/) ba -' 8 v 'bOa gb U B' > Bg a COCC > + .- OOO g§i: jf={; 8 . Jg + arC >IS viE cgi) : ; lg g £ Rca) cE eBb E q=C)£)•-•- O 1) th g; E g g 2 ! iiI } In t)a < i P< Pia\1 gE :acI t) II jI )iI q3 .g pI I_ _ _ _..I I\*., : \ Iv#' '}\>i !i & # I SI - S13d81 Alternative Environmentally Sensitive Area (AESA) Report Landmark Prepared for: HR 3200, LP Hunter Ranch Land, LLC HWP HR, LP HR JV, LP 9800 Hillwood Parkway, Suite 300 Fort Worth, Texas 76177 Prepared by: Westwood Westwood Professional Services, Inc. 9800 Hillwood Parkway, Suite 250 Fort Worth, Texas 76177 November 26, 2024 Alternative Environmentally Sensitive Area (AESA) Report Landmark Table of Contents 1.0 Introduction . 1.1 Project Location and Project Description ............................................................................. 1 Existing Site Description ....................................................................................................... 11.2 1.3 Purpose of AESA . 2.0 3.0 4.0 5.0 Notification and Review .. ESA Protection Compliance............................................................................................................... 3 Affected Environment and Summary of Impacts.............................................................................. 4 Mitigation Activities .......................................................................................................................... 8 5.1 In-Kind Mitigation................................................................................................................. 8 5.1.1 Goals & Objectives ................................................................................................. 8 5.1.2 Location & Site Selection ....................................................................................... 9 5.1.3 In-Kind Mitigation Plan ........................................................................................ 12 In-Situ Mitigation Plan ......................................................................................... 19 Mitigation Implementation & Phasing ................................................................ 21 5.1.4 5.1.5 5.2 Future Mitigation Enhancement ........................................................................................ 22 Performance Standards & Success Criteria ........................................................................ 235.3 5.4 Protective Covenants ......................................................................................................... 24 Monitoring & Reporting ..................................................................................................... 24 Adaptive Management Plan/Long-Term Maintenance...................................................... 25 5.5 5.6 6.0 7.0 8.0 9.0 Criteria for Approval ....................................................................................................................... 25 Summary ......................................................................................................................................... 28 Annual Reporting Contacts ............................................................................................................. 29 Literature Cited ............................................................................................................................... 29 Appendices Appendix A – Site Maps Appendix B – Landmark (Hunter Ranch - SWF-2021-0000143) – USACE Approved Jurisdictional Determination (AiD) Letter Appendix C – M PC19-0002c, Section 2.16.4 – Alternative Environmentally Sensitive Area (ESA) Plan, Section 7.4 – Environmentally Sensitive Areas (ESAs), and Exhibit F – ESA Map Appendix D – Landmark Projected ESA Impact Locations and Table November 2024 Page i Alternative Environmentally Sensitive Area (AESA) Report Landmark 1.0 Introduction This Alternative Environmentally Sensitive Area (AESA) report is being submitted to the City of Denton under the Hunter Ranch Master Planned Community (MPC19-0002c) Subsection 2.16.4 – Alternative Environmental Area ( ESA) Plan, requesting a deviation from the regulations in Section 7.4 – Environmental Sensitive Areas (ESAs) . This AESA report proposes mitigation measures, both in-kind and in-situ mitigation types, for impacts required to construct a multi-phase mixed-used development, Landmark (previously known as Hunter Ranch). 1.1 Project Location and Project Description The Landmark development (project area) is located north of the intersection of Interstate Highway 35 West (IH-35W) and Robson Ranch Road (Appendix A, Exhibits 1 and 2). Robson Ranch Road is adjacent to the southern boundary, and IH-35W splits through the center of the project area. The project area is approximately 3,152 acres in size, less than 15 acres that were originally included in the MPC (3,167 acres). The 15 acres are no longer controlled by the applicant. Currently, the project area is surrounded by pastureland to the north, residential development and pastureland to the west, cropland to the south, and residential development and pastureland to the east. The proposed project includes the construction of a multi-phase, mixed-use development, along with streets, associated utilities and infrastructure, and open space areas. The current zoning for the site is shown as MPC–R7 (High-Density Single-Family), MPC–R6 (Medium-Density Residential), MPC–MN (Mixed-Use Neighborhood), and MPC–MR (Mixed-Use Regional). 1.2 Existing Site Description The project area consists of native grassland with some oak woodlands. Westwood Professional Services, Inc. (Westwood) has conducted multiple site visits to evaluate the environmentally sensitive areas (ESA) mapped by the City of Denton and to identify potential waters of the U.S. within the project area. A water of the U.S. delineation within the project area was conducted on January 11, 2021. An Approved Jurisdictional Determination (AJD) request was submitted to the U.S. Army Corps of Engineers (USACE) Fort Worth District Regulatory Branch and was approved on January 6, 2022. A summary of the ESA assessment submittals is included below. The ESAs, as shown on the City of Denton approved GIS map, are included in Appendix A, Exhibits 3. •ESA Field Assessments (ESA22-0003, ESA22-0008, and ESA22-0012) confirmed a series of ESAs associated with Roark Branch Tributary 11. A riparian buffer that supports and protects the stream and a series of wetlands that intercept pollutants and provide habitat were confirmed. The floodplain is in its natural state and has not been previously modified and is considered an undeveloped floodplain. Additionally, Cross Timbers Habitat ESA is located in the central portion of the project area, and the majority of this area was determined to meet the definition of Cross Timbers Upland ESA (Upland Areas A, B, and C). A small portion of the Cross Timbers ESA originally mapped by the City of Denton ESA map was assessed and determined not to meet the definition of Cross Timbers Habitat ESA, and it was removed from the official ESA map. November 2024 Page 1 Alternative Environmentally Sensitive Area (AESA) Report Landmark •ESA Field Assessment (ESA23-0010) confirmed a series of ESAs associated with a tributary of Graveyard Branch. A series of herbaceous wetlands that intercept pollutants and provide habitat were confirmed. The floodplain is in its natural state and has not been previously modified and is considered an undeveloped floodplain. Additionally, a Riparian Buffer ESA mapped by the City of Denton ESA map was assessed and determined not to meet the definition of Riparian Buffer ESA and was removed from the official ESA map. ESA Field Assessment (ESA24-0015) confirmed the remaining ESAs within the remaining portions of the project area, including Roark Branch and its tributaries, tributaries to Graveyard Branch, and Hickory Creek and its tributaries. Herbaceous wetlands that intercept pollutants and provide wildlife habitat along the above-referenced stream segments were also confirmed. The floodplain, in its natural state and has not been previously modified was considered an undeveloped floodplain. Additionally, an Upland ESA (Upland Area D) area mapped by the City of Denton ESA map was assessed and determined not to meet the definition of Cross Timbers Upland ESA and was removed from the official ESA map. • 1.3 Purpose of AESA The purpose of this AESA report is to inform the City of Denton of deviations from Section 7.4 of the Hunter Ranch Master Planned Community (MPC19-0002c). Landmark is a proposed multi-phase mixed- use development that will preserve the majority of the ESAs that have been identified within the project area. However, there are some unavoidable impacts to ESAs that will occur as a result of the development plan. This AESA report proposes mitigation that will take a watershed approach of enhancing and protecting ESAs via an ESA mitigation bank as mitigation for unavoidable impacts to ESA as a result of the proposed development. The proposed ESA Mitigation Bank will provide immediate and direct improvements to the local and watershed ecosystem, maintain channel and floodplain connectivity, and create a native, diverse vegetation community. Stream buffer re-establishment/rehabilitation and riparian revegetation improvements will reduce pollution from entering downstream water bodies. The proposed ESA Mitigation Bank will trap debris, toxins, nutrients, and other pollutants that would otherwise reach water bodies from upland sources (on-site and off-site) by slowing the velocity of water, causing sediment to drop out, and providing an opportunity for chemical breakdown of pollutants (City of Denton 2021 & Nelle 2014) 2.0 Notification and Review This AESA report outlines the mitigation to offset impacts on ESAs that deviate from Section 7.4 of the Hunter Ranch Master Planned Community (MPC19-0002c). Additionally, this AESA is being provided to the City of Denton as formal notification of the proposed activity and review of the proposed mitigation activity. An AiD request was submitted to the USACE Fort Worth District Regulatory Branch and was approved on January 6, 2022 (Appendix B). Compliance and any necessary coordination with the USACE Fort Worth November 2024 Page 2 Alternative Environmentally Sensitive Area (AESA) Report Landmark District Regulatory Branch with Section 404 of the Clean Water Act will be evaluated with each phase of the development. A studied 100-year floodplain has been included in an approved drainage study for the project that has been reviewed and approved by the City of Denton (DSA21-0024, approved December 22, 2021). A Letter of Map Revision (LOMR) will be submitted to FEMA in September 2024, which will request that the one- percent Annual Chance Floodplain be revised to reflect the studied 100-year floodplain. Once the LOMR review is completed the one-percent Annual Chance Floodplain will be revised to reflect the studied 100- year floodplain. For the purposes of this report, only studied 100-year floodplain is shown within the project area and used to project the potential floodplain ESA impact by the proposed project. All references to Floodplain ESA in this report include the studied 100-year floodplain. No other coordination with other regulatory agencies will be necessary to construct the proposed project. 3.0 ESA Protection Compliance Appendix A, Exhibit 3 shows the Riparian Buffer, Water-Related Habitat, Cross Timbers Upland Habitat, and Undeveloped Floodplain ESAs identified within the project area. Per the City of Denton's ESA Primer, " ESA are areas that provide natural water quality and quantity regulations, and thus reduce infrastructure costs, serving to preserve ecological services, serving as a wildlife refuge, and preserving culturally important areas" (City of Denton 2021). ESAs are protected by the City of Denton because they can provide for water quality, quantity, pollutant removal, wildlife refuge, infrastructure cost reduction, and community well-being. Thus, Landmark will largely preserve many ESAs within the project area. The planners and engineers have taken great lengths to protect and preserve existing ESAs that provide the ecologic benefits that the City of Denton values in these resources. The following breakdown provides the preliminary acreage and percentages of ESAs to be preserved within Landmark. The final determination of the acreages and percentages of ESAs to be preserved will be based on the final development plans for Landmark. • -164 acres of Riparian Buffer ESA will be preserved (91%). • -37 acres of WRH ESA will be preserved (97%). • -339 acres of Floodplain ESA will be preserved (94%) • Total Preservation = 540 acres Approximately 181 acres of Riparian Buffer ESA is located within the project area. The majority of the project area drains into Roark Branch. Seven stream segments and their associated tributaries drain directly into Roark Branch, which flows through the project. There is a total of 66,448 feet (12.14 acres) of stream located within the project area within the Roark Branch watershed. The remaining streams within the project area flow into the Graveyard Branch and Hickory Creek watersheds. One stream segment [(4,831 feet (0.98 acres)] with associated tributaries drains into Graveyard Branch, which is located approximately one mile downstream of the project area. Two stream segments flow directly into November 2024 Page 3 Alternative Environmentally Sensitive Area (AESA) Report Landmark Hickory Creek, which flows through the far northeast portion of the project area. There is a total of 1,820 feet (0.33 acres) of streams located within the project area within the Hickory Creek watershed. Along the majority of the stream segments observed within the project area, a series of herbaceous wetlands and on-channel ponds were observed and classified as Water-Related Habitats during the City review of the area. Approximately 9.76 acres of herbaceous wetlands and 28.36 acres of on-channel ponds were classified as Water-Related Habitat ESA within the project area. The Undeveloped Floodplain ESA overlaps the majority of the Riparian Buffer ESAs and Water-Related Habitat ESAs. The Floodplain ESA (based on the studied 100-year floodplain) covers approximately 361 acres. Cross Timbers Upland Habitat ESA is located in the project area. There are approximately 231.82 acres of Cross Timbers Upland Habitat ESA situated within the limits of the project area. This Cross Timbers Upland Habitat corresponds with the Upland Habitat Areas A, B, & C in the Hunter Ranch Master Planned Community (MPC19-0002c), Section 7.4.8.C.1 – Cross Timbers Upland Habitat Area to Remain and Exhibit F – ESA Map (Appendix B). Section 7.4.8.C.1 required that up to 41 percent of Upland Habitat Area A, 70 percent of Upland Area B, and 74 percent of Upland Area C be maintained as Cross Timbers Upland Habitat within the project area. No deviation for Section 7.4 of the Hunter Ranch Master Planned Community (MPC19-0002c) would result from these proposed impacts. Therefore, it does not need to be addressed further in the AESA plan. 4.0 Affected Environment and Summary of Impacts Westwood has worked closely with the applicant and project engineers to evaluate potential impacts to the City of Denton's ESAs. The following information was utilized to calculate the potential impacts to ESA's •Landmark Master Plan - Kimley Horn and Westwood engineer teams identified potential road crossings, outfall locations, detention berms, and floodplain reclamation areas on the Landmark Master Plan. It is assumed that impacts to ESAs associated with the development of residential, commercial, or multi-family lots would be avoided other than those outlined below or noted on the Master Plan. The Master Plan was then georeferenced into GIS, and the following information was generated in GIS to calculate impacts to Stream, Water-Related Habit, and Studied Floodplain ESAs 0 Potential Outfall Locations • A point was generated at each potential outfall location based on input from the engIneers. From the potential outfall location, a variable distance line was extended from the edge of the proposed development pod to the centerline of the adjacent waterbody. This variable distance line was then buffered by 25 feet on each side to create a limit of disturbance for the construction and installation of the stormwater outfall. Areas where the 50-foot buffer overlapped any ESA were assumed as an impact. • • • November 2024 Page 4 Alternative Environmentally Sensitive Area (AESA) Report Landmark •After preliminary engineering is finalized, the impacts will be updated with exact locations and disturbance limits. However, these assumptions are overestimated to account for future impact refinement. Road Crossings Locations • A centerline for each road crossing was generated based on input from engineers and planners. • Each road centerline was buffered by 100 feet on each side to create a limit of disturbance for the construction and installation of the road, including any headwalls, embankments, energy dissipation, etc. • Road crossings identified on the City of Denton Mobility Plan were not included in the projected ESA impact calculations. Per the MPC, construction of roadways identified in the Mobility Plan are a permitted uses and activities, as long as the disturbed areas are restored to minimize erosion and promote the recovery of the ESA, and subject to the Director of Environmental Services approval (Section 7.4.6.B.1.h Undeveloped Floodplain and Section 7.4.7.A.8 – Riparian Buffer and Water-Related Habitat ESA) • The width of culverts within the overall disturbance area was excluded from the projected ESA impact calculations. Per the MPC, culverts and bridges are a permitted uses and activities, as long as the disturbed areas are restored to minimize erosion and to promote the recovery of the ESA, vegetation listed as invasive is removed and replaced with vegetation from the City Native Plant List, and subject to the Director of Environmental Services (Section 7.4.6.B.1.o – Undeveloped Floodplain and Section 7.4.7.A.13 – Riparian Buffer and Water-Related Habitat ESA). It was assumed that any non-Mobility Plan road crossing would follow the roadway classification of Local Streets – Residential. Per the City of Denton Design Criteria Manual, the back of curb to back of curb width (B to B width) for a Local – Residential roadway is 33 feet. It is assumed that B to B width would correspond to the width of culverts for non-Mobility road crossings. For practical purposed, the B to B width was rounded up to 35 feet. The road centerline was buffered by 17.5 feet (35 total feet) on each side to create the width of the culverts. Any corresponding ESA within the 35-foot culvert width was excluded from the project ESA impact for non-Mobility road crossings. On-Channel Detention Pond Berms Locations • A point was generated at each potential detention pond location based on input from the engineers. • From the potential detention pond locations, each detention pond berm was buffered by 125 feet on each side, perpendicular to the adjacent waterbody. • Any area where the 250-foot buffer overlapped an ESA was assumed to be an impact. • After preliminary engineering is finalized, the impacts will be updated with exact locations and disturbance limits. However, these assumptions are overestimated to account for future impact refinement 0 0 November 2024 Page 5 Alternative Environmentally Sensitive Area (AESA) Report Landmark Floodplain Reclamation Locations • The area where the proposed development pods overlapped any floodplain ESA was assumed as an impact. • The proposed studied 100-year floodplain has been utilized to determine floodplain ESA impacts for this report. A LOMR will be submitted to FEMA in September 2024 to revise the one-percent Annual Chance Floodplain to reflect the studied 100-year floodplain. Commercial Lot Development Locations • The area where the proposed commercial development lots overlapped any ESA was assumed as an impact. Utility Installation Locations • it is assumed that all on- and off-site utilities would be bored under all ESAs. 0 All of this data was interpreted in GIS and projected impacts to Riparian Buffer ESA, Water-Related Habitat ESA, and Undeveloped Floodplain ESA were calculated. Tables 1, 2, and 3 provide a summary of the projected impacts by ESA type and watershed location. Table 1. Projected Impacts to Riparian Buffer ESA Type of Development Impact Watershed Location Impact Amount (Acres) 0.58Floodplain Reclamation Lot Development On-Channel Detention Off-Channel Detention Potential Outfalls Road Crossings1 Total Riparian Buffer ESA Impact in Reach 1 - Roark Branch Watershed: Floodplain Reclamation Lot Development (Commercial) On-Channel Detention Off-Channel Detention Potential Outfalls Road Crossings1 Total Riparian Buffer ESA Impact in Reach 3 - Graveyard Branch We O IPermanent impacts by culvert and bridge structures for non-Mobility Plan road crossings were excluded from calculations since they are considered a permitted use/activity per Section 7.4.7.A.13 of the MPC. Permanent impacts to road crossings identified on the City’s Mobility Plan are not included since they are considered a permitted use/activity per Section 7.4.7.A.8 of the MPC. 2 Assuming all utility crossings of Riparian Buffer ESA's will be bored, resulting in no impact and no required ESA mitigation. Reach 1 - Roark Branch 1.81 1.28Reach 3 - Graveyard Branch 0.18 November 2024 Page 6 Alternative Environmentally Sensitive Area (AESA) Report Landmark Table 2. Projected Impacts to Water-Related Habitat (WRH) ESA Type of Development Impact Watershed Location Impact Amount Floodplain Reclamation Lot Development On-Channel Detention Off-Channel Detention Potential Outfalls Road Crossings1 Total WRH ESA Impact in Reach 1 - Roark Branch Watershed: Floodplain Reclamation Lot Development (Commercial) On-Channel Detention Off-Channel Detention omrm––1 –––m o O IPermanent impacts by culvert and bridge structures for non-Mobility Plan road crossings were excluded from calculations since they are considered a permitted use/activity per Section 7.4.7.A.13 of the MPC. Permanent impacts to road crossings identified on the City’s Mobility Plan are not included since they are considered a permitted use/activity per Section 7.4.7.A.8 of the MPC. 2 Assuming all utility crossings of WRH ESA's will be bored, resulting in no impact and no required ESA mitigation. [Acres 0.08 Reach 1 - Roark Branch 0.52 0.13 0.19 0.92 0.23 Reach 3 - Graveyard Branch Table 3. Projected Impacts to Studied Floodplain Type of Development Impact Watershed Location Impact Amount (Acres) 5.96Floodplain Reclamation Lot Development On-Channel Detention Off-Channel Detention Potential Outfalls Road Crossings1 Total Studied Floodplain ESA Impact in Reach 1 - Roark Branch Watershed: Floodplain Reclamation Lot Development (Commercial) On-Channel DeMtion Off-Channel Detention Potential Outfalls Road Crossings1 Total Studied ESA Impact in Reach 3 - Graveyard Branch Watershed: Total Studied Floodplain ESA Impactl’ 2: IPermanent impacts by culvert and bridge structures for non-Mobility Plan road crossings were excluded from calcuIM since they are considered a permitted use/activity per Section 7.4.6.B.1.o of the MPC. Permanent impacts to road crossings identified on the City’s Mobility Plan are not included since they are considered a permitted use/activity per Section 7.4.6.B.1.h of the MPC 2 Assuming all utility crossings of WRH ESA's will be bored, resulting in no impact and no required ESA mitigation. Reach 1 - Roark Branch 4.17 0.04 2.94 5.30 18.41 Reach 3 - Graveyard Branch 0.62 The total projected ESA impacts for the project are 40.40 acres. A 20% contingency has been added to the projected ESA impacts due to the preliminary nature of the data utilized to generate the projected impacts November 2024 Page 7 Alternative Environmentally Sensitive Area (AESA) Report Landmark to ESAs. The 20% contingency will account for other components of the proposed development that could not be accounted for at this time. These project components could include, but not be limited to, park components, HOA amenities, or any other necessary development infrastructure. With the 20% contingency, the total projected ESA impacts that will be considered in this AESA plan are 48.47 acres. Table 4 provides a summary of the project ESA impacts by ESA type and watershed. An exhibit that shows the location of each proposed ESA impact location and a detailed breakdown of each potential ESA impact area can be found in Appendix C. Impact AmountType of ESA Impact Watershed Location (Acres Riparian Buffer ESA 13.52 WRH ESA Reach 1 - Roark Branch 0.92 Studied Floodplain ESA2 18.41 Total ESA Impact in Reach 1 - Roark Branch Watershed 32.85 Riparian Buffer ESA 3.27 WRH ESA 0.31Reach 3 - Graveyard Branch Studied Floodplain ESA2 3.97 Total ESA Impact in Reach 3 - Gravl lrd Branch Watershed 7.55 2.Total ESA Im 40.40 1, 2llus 20% Contin,Total ESA Im 48.47 a C. 2 The proposed studied 100-year floodplain has been utilized to determine floodplain ESA impacts. A LOMR will be submitted to FEMA in September 2024 to revise the one-percent Annual Chance Floodplain to reflect the studied 100-year floodplain Table 4. Summary of Projected Stream, WRH, and Studied Floodplain ESA Impacts 5.0 Mitigation Activities This AESA plan proposed two types of mitigation activities to compensate for proposed ESA impacts that are not permitted by right: in-kind mitigation and in-situ mitigation. In-kind mitigation will provide direct establishment/rehabilitation of existing aquatic and riparian resources to offset the proposed unavoidable impacts to ESAs. In-situ mitigation will provide rehabilitation adjacent to proposed temporary impacts to ESAs associated with proposed infrastructure (i.e., road crossings and on-site infrastructure). The following sections describe these activities in more detail. 5.1 in.Kind Mitigation 5.1.1 Goals & Objectives The general goal of the Landmark ESA Mitigation Bank and its aquatic and riparian re- establishment/rehabilitation efforts is to offset the unavoidable impacts of ESAs, specifically replace lost ecological functions from a watershed approach. ESA Mitigation Bank-specific goals are to improve the hydraulic, geomorphology, physiochemical and biology functions within the ESA Mitigation Bank boundary that have been impaired by years of ranching and agricultural utilization. Improvements in these functions will re-establish a stable, self-sustaining stream/riparian system capable of transporting and processing sediment, improving water quality as well as organic/inorganic matter inputs while supporting November 2024 Page 8 Alternative Environmentally Sensitive Area (AESA) Report Landmark a native woody riparian community and transient in-channel biology known to occupy intermittent drainages. To accomplish these goals, the developer will: 1) enhance stream segments that past agricultural activities have degraded, 2) restore the riparian corridor and floodplain along tributaries of Roark Branch, and 3) restore wetlands located within the floodplain of the tributaries of Roark Branch within the ESA Mitigation Bank The functional objectives for the mitigation efforts are presented below in Table 5, as framed by the Stream Functional Pyramid. Improvements in these specific aquatic and riparian functions will address watershed needs by reducing erosion, improving water quality, and providing riparian and in-channel habitat Water Quality 5.1.2 Location & Site Selection The proposed ESA Mitigation Bank is located in the northwest corner of the proposed Landmark development, adjacent to the existing Robson Ranch development and the proposed Cole Ranch development (Appendix A, Exhibit 4). The area's existing conditions exhibit a limited ecological condition, making it an excellent candidate for aquatic and riparian re-establishment/rehabilitation. The proposed ESA Mitigation Bank provides opportunities for enhancement, restoration, and preservation of all three ESA types (Riparian Buffer, Floodplain, and Water-Related Habitat ESA) that will require ESA mitigation by the Landmark development plan. The existing streams and associated riparian corridors lack species richness and structural diversity, consist of early successional plant species, and are experiencing active bank erosion. The wetlands located on-channel and adjacent to the riparian corridor also lack species richness and structural diversity, limiting their ability to filter sediment and other pollutants carried through the riparian corridor during storm events. The floodplain areas are dominated by mesquite and honey locust, and the herbaceous vegetation's diversity has been influenced by continuous cattle grazing and prior farming practices. The proposed location will provide direct ecosystem benefits to the headwaters and tributaries of Roark Branch. Roark Branch is a principal tributary of Hickory Creek, which flows into Lake Lewisville and the Trinity River. November 2024 Page 9 Alternative Environmentally Sensitive Area (AESA) Report Landmark •One of the goals of the alternative ESA plan is to provide an extensive, continuous watershed approach to the mitigation for the project. A watershed approach to mitigation is preferable to small, spatial separated mitigation throughout the project site because it provides a greater level of planning and scientific expertise, reduces the temporal losses of ecological functions, and helps reduce the uncertainty of project success (USACE 2015 & Federal Register 2008). Projects that use a watershed approach are more likely to achieve desired ecological outcomes and, therefore, help achieve broader conservation outcomes (The Nature Conservancy 2014). The objective of a watershed approach is to maintain and improve the quality and quantity of aquatic resources within the watershed (ELI 2024). The proposed ESA Mitigation Bank provides the greatest opportunity for the increased functional lift for all City of Denton ESA types requiring an AESA plan and mitigation (Riparian Buffer, Water-Related, and Floodplain). • 0 The streams within the proposed ESA Mitigation Bank are actively eroding and have little to no desirable riparian vegetation species. Mast-producing trees, which help to provide stream bank stability and help to reduce erosion, are absent from the proposed ESA Mitigation Bank. The dominant woody vegetation in the ESA Mitigation Bank is mesquite and honey locust. Wetland areas within the ESA Mitigation Bank comprise a uniform plant community with little to no species and structure diversity. MitIgation activities will increase vegetation diversity by planting mast-producing trees within the riparian corridor and re-establishing a species-rich herbaceous seed mix that contains both riparian and wetland species within the riparian and wetland areas. The enhancement to the plant community for both the riparian and wetland areas will help to protect water quality in the watershed by reducing erosion and modifying runoff before it enters downstream waters. Enhancement of existing wetlands and creation of new wetlands within the riparian corridor will assist in decreasing the velocity of storm flows, provide wildlife habitat, help to control and reduce erosion and add in sediment and pollutant filtration and removal within the watershed. The mitigation will allow for an enhanced wildlife habitat and travel corridors that would be less fragmented by planned development. Additionally, added structure (the addition of mast-producing tree species) along the stream corridor will increase shade, which will directly affect water temperatures and help to improve fish and macroinvertebrate habitat. As the trees mature, branches will fall into the stream that will redirect currents, slow moving water, and create structural diverse microenvironments in the form of small pools and riffles. This will further increase and enhance the aquatic habitat as the ESA Mitigation Bank develops and matures over time. The proposed 100-year floodplain (i.e., studied 100-year floodplain) within the ESA Mitigation Bank is much wider than other portions of the project area. This will allow for additional grassland vegetation habitat within floodplain areas, increasing water quality benefits by providing additional filtration for runoff from the adjacent development. The proposed ESA Mitigation Bank will also provide ecological benefits to the watershed as a whole, including a large portion of adjacent property (current and future phases of 0 0 0 0 November 2024 Page 10 Alternative Environmentally Sensitive Area (AESA) Report Landmark Robson Ranch) that is zoned as a Planned Development (PD). All of the ecological benefits described that the ESA Mitigation Bank will provide to Landmark will also be provided for the off-site watershed o A large NRCS flood control lake is at the downstream end of the proposed ESA Mitigation Bank. The lake will provide additional settling of suspended solids, remove stormwater pollutants, and dissipate velocities of flows before they continue off-site to the adjacent property. Approximately 20.06 acres of proposed ESA impacts by the project are directly downstream of the proposed ESA Mitigation Bank (46% of the ESA impact for the site). Approximately 35,000 linear feet of stream (47%) within Landmark flow directly into the proposed ESA Mitigation Bank, and over 22,000 linear feet of stream will be directly improved within the ESA Mitigation Bank. • • Other existing riparian areas located at Landmark were not selected because: •Unlike the proposed ESA Mitigation Bank, other available riparian areas across Landmark do not provide as much opportunity for all three ESA types to be mitigated in one continuous area. As a result, they would be smaller than the proposed ESA Mitigation Bank and provide smaller incremental ecological benefits than a more extensive watershed approach. Smaller ESA mitigation areas would result in the fragmentation of wildlife habitats and corridors. Additionally, access to citizens would be reduced because smaller ESA mitigation areas would be less connected to the overall open space plan for the development. The existing riparian corridors in the eastern portion of the project area are higher functioning. The majority of these areas have an established riparian corridor with mass-producing, higher successional woody and herbaceous species along the stream banks and within the riparian corridor. As a result, these streams show fewer signs of active erosion. The floodplain in these areas is narrower than that associated with the ESA Mitigation Bank. This would result in a limited ability to provide additional filtration for runoff from the adjacent development. Attempting to enhance their ecological services will be difficult and provide limited ecological lift. Additionally, attempting to enhance these areas could even be detrimental to the existing environment by causing damage to existing mature vegetation species and potentially causing erosion within a stable stream system. • • Table 6 provides a site selection summary comparing the proposed watershed mitigation approach versus smaller individual ESA mitigation areas that have been a typical practice in other AESA plans approved by the City of Denton. November 2024 Page 11 Alternative Environmentally Sensitive Area (AESA) Report Landmark Table 6. Site Selection Summary - Comparison Mitigation Areas Mitigation Function/Qualification of Watershed Approach and Smaller Individual ESA Proposed ESA Mitigation Bank Small ESA Mitigation Areas Watershed Approach Water Quality Benefits Continuous Wildlife Habitat/Corridors Greater Species Diversity/Structure Greater Certainty of Success Opportunities for Access by Citizens X $hI/ff1 1 q1P/IF 1Ecological Lift Limited Temporal Loss Spatial Diversity Resiliency to Catastrophic Events Greater Reduction of Stormwater Velocity Self-Sustainable Include Multiple ESA Types 1 Limited function \/ \/ The ESA Mitigation Bank consists of existing streams, water-related habitat, and floodplain ESA. Within the site are several stream, wetland and pond features. The ESA Mitigation Bank site is situated geographically and geomorphically, where drainage from the western portion of the proposed Landmark development and vast portions of the existing Robson Ranch development will flow through the ESA Mitigation Bank. The ESA Mitigation Bank is in a relatively flat, floodplain area dominated by invasive mesquite, honey locust trees, and other early successional species. 5.1.3 In-Kind Mitigation Plan The in-kind mitigation plan presented below details methods and relevant specifications. The overall design proposed below was developed based on reference data, site-specific constraints, watershed considerations and professional expertise in stream and wetland restoration for on-site, in-kind mitigation and mitigation banks. A network of ephemeral and intermittent tributaries is located within the ESA Mitigation Bank, which exhibited a limited riparian corridor due to early successional trees and grazing land use. The proposed improvements would improve the riparian corridor and increase the in-stream habitat marginally. Generally, the improvements will include selectively removing early successional trees, which will add structure for in-stream habitat and canopy gaps to plant native late-successional trees. November 2024 Page 12 Alternative Environmentally Sensitive Area (AESA) Report Landmark Table 7. Landmark ESA Mitigation Bank Re.establishment and Rehabilitation Objectives and Mitigation Plan Actions Stream Function Pyramid Levels Landmark ESA Mitigation Bank Objectives Mitigation Plan Actions Creation of micro- topography adjacent to the streams. Riparian areas replanting with native species, providing bank stability. streams with I their floodplain coupled with riparian Riparian areas replanting– with native species, providing multiple habitat types. Hydraulics Restore floodplain connectivity. Geomorphology Restore riparian vegetation community. Improve nutrient processing and organic matter retention and processIng. Physiochemical Biology Restore riparian communities. Promote favorable conditions for riparian communities that trap, retain and remove particulate and dissolved constituents from surface and overland flow. Riparian revegetation, stream re-establishment and Rehabilitation. Water Quality Three habitat types are proposed within the ESA Mitigation Bank (Attachment B, Exhibit 5). The proposed mitigation will include the removal of the grazing and farming, minor grading to improve the micro- topography, native tree, grass, and forb plantings. 1.Riparian Buffer ESA Mitigation – generally will be located within 50 feet of either side of the centerline of the existing stream channels within the ESA Mitigation Bank. This will include the removal of invasive species, planting of native trees and shrubs and seeding with native herbaceous vegetation. This mitigation component will enhance and restore a high-quality wooded riparian corridor along existing streams within the ESA Mitigation Bank. Prairie Grassland/Floodplain ESA Mitigation – areas located within the studied 100-year floodplain but outside of the Riparian Buffer ESA Mitigation. This will include the removal of invasive species and seeding with native herbaceous vegetation. This mitigation will create and restore native prairie grassland within the 100-year floodplain located within the ESA Mitigation Bank. Water-Related Habitat ESA Mitigation (Enhancement and Creation) – enhancement of existing herbaceous wetlands and creation of herbaceous wetlands within the Riparian Buffer ESA Mitigation. 2. 3. Activities proposed within each of these habitat types are included below. November 2024 Page 13 Alternative Environmentally Sensitive Area (AESA) Report Landmark Riparian Buffer ESA Mitigation In preparation for mitigation activities, riparian areas will be treated to limit the influence of invasive species on post-construction riparian development. Specifically, areas within the ESA Mitigation Bank with invasive species will be treated chemically, pre- and post-emergent, and soils will then be disked, chemically re-treated and disked again, as needed. Any necessary re-treatment of invasive species would be determined through during the subsequent growing seasons following initial treatment, during the 3- year monitoring described in Section 5.5 or during long-term maintenance of the in-kind mitigation area that is described in Section 5.6. Within the Riparian Buffer ESA Mitigation, trees and shrubs will be planted within the riparian corridor (generally within 50 feet on either side of the stream channel) of the existing stream channels within the ESA Mitigation Bank. A list of tree and shrub species that could be planted within the riparian corridor of the Riparian Buffer ESA Mitigation is included in Table 8. Tree and shrub plant materials will be sourced from standard nursery containerized stock. Trees and shrubs will be planted at a density of 50 stems/acre and will be planted during the month of October. Table 8. Tree & Shrub Species to be Planted in Riparian Buffer ESA Mitigation Wetland Indicator Status TREE SPECIES Species Species Wetland Indicator Status Cedar elm {Ulmus crassifolia\ Green ash IFraxinus pennsylvanica\ Bur oak (Quercus macrocarpa\ Pecan (Carya illinoinensis\ Common persimmon (Diospyros virginiana) FAC American elm LUlmus americana\ Shumard’s oak {Quercus shumardii\ Redbud (Cercis canadensis\ Cottonwood (Populus deltoides\ Black walnut LJuglans nigra) FAC FACFAC FACU UPL FAC FACU FAC FAC SHRUB SPECIES Chickasaw plum {Prunus angustifolia\ Possumhaw holly (llex decidua\ Buttonbush (Cephalanthus occidentalis} False indigobush {Amorpha fruticosa\ UPL Mexican plum (Prunus mexicana\ American beautyberry (Callicarpa americana) Roughleaf dogwood (Cornus drummondii\ Corralberry (Symphoricarpos orbiculatus) UPL FACU FAC FACU FAC OBL FACW The Riparian Buffer ESA Mitigation will be re-seeded with a Prairie Grassland mix. The Prairie Grassland mix will be comprised of no more than 40 percent of four native grass species - little bluestem, side oats grama, buffalograss, and blue grama. The remaining species included in the Prairie Grassland mix will consist of five to ten species that will make up no more than 60 percent of the seed mix included in Table 9. The final makeup of the species included in the Prairie Grassland mix will be determined based on seed November 2024 Page 14 Alternative Environmentally Sensitive Area (AESA) Report Landmark availability and cost at the time the proposed phase AESA plan is presented to city staff. However, no one species will represent more than 10 percent of the total seed mix. The applicant is committed to establishing a vegetation community that consists of a diverse and rich mix of herbaceous species within the Riparian Buffer ESA Mitigation area. Due to the custom nature of the seed mix, seeding rates will be determined by the seed distributor. They will be provided in the proposed phase AESA that will be provided by city staff during the civil plan review (also described in Section 5.1.5). Soil samples we be taken within the planting area prior to seeding to determine if soil amendments (i.e., fertilizer) are needed. Planting of the Prairie Grassland mix would occur during March through April. Table 9. Vegetation Species included in Prairie Grassland Mix+ Species 1 Species 1 {Schizachyrium scoparium) \ (Bouteloua curtipendula) L (Bouteloua dactyloides) \ (Bouteloua gracilis) I (Andropogon gerardii\ I (Sorghastrum nutons) a (Eragrostis trichodes) I LLeptochloa qu bia) e (Eragrostis secundiflora) I (Elymus virginicus) w IPanicum virgatu m) I (Setaria leucopila\ a (Elymus canadensis\ 1 \Hilaria belangeri\ a {Chamaecrista fasciculata) I IEchinacea purpurea\ Maximilian sunflower {Helianthus maximiliani\ \ {Gaillardia pulchella\ L {Dalea purpurea) I LDesmanthus illinoensis\ I \Oenothera speciosa\ I (Coreopsis tinctoria} r (Centaurea americana) I (Engelmannia peristenia\ Blackeyed susan2 \Rudbeckia hirta\ 1– Little bluestem, side oats grama, buffalograss, and blue grama will make no more than 40 percent of the Prairie Grass mix. 2 – Five to ten species from the remaining species included will make up no more than 60 percent of the Prairie Grass mix - - No one species will represent more than 10 percent of the total seed mix. There are existing tributaries that are exhibiting degradation through incisement and a high degree of bank erosion. Portions of the banks of the streams will be planted densely with the Stream Bank mix, which will consist of switchgrass and other native bunch grasses to aid in establishing above and below- ground biomass. The proposed Stream Bank mix would be comprised of the species included in Table 10. At least eight to ten species from Table 10 will be included in the mix, and no one species will represent more than 10 percent of the total seed mix. The applicant is committed to establishing a vegetation November 2024 Page 15 Alternative Environmentally Sensitive Area (AESA) Report Landmark community that consists of a diverse and rich mix of herbaceous species within the areas of the Riparian Buffer ESA Mitigation area that has experienced bank erosion. The final makeup of the species included in the Stream Bank mix will be determined based on seed availability and cost at the time the proposed phase AESA plan is present to city staff. Due to the custom nature of the seed mix, seeding rates will be determined by the seed distributor. They will be provided in the phase AESA plan that will be provided to city staff during the civil plan review (also described in Section 5.1.5). Soil samples we be taken within the planting area prior to seeding to determine if soil amendments (i.e., fertilizer) are needed. Planting of the Stream Bank mix would occur during March through April. Grasses will be seeded along the channel banks and floodplain along the cut banks of the meanders to facilitate faster cover of these areas of higher energy. This activity would be performed along sections of the existing stream within Riparian Buffer ESA Mitigation that are incised and exhibiting high bank erosion. Table 10. Vegetation Species included in Stream Bank Mix1 Wetland Indicator Status Species Species Wetland Indicator Status Eastern gamagrass {Tripsacum dactyloides\ Switchgrass (Panicum virgatum\ Green sprangletop {Leptochloa dubia\ Plains bristlegrass LSetaria vulpiseta\ Canada wildrye (Elymus canadensis\ Red lovegrass (Emgrostis secundiflom) Cereal Rye Grain2 {Secale cereale\ 1 – At least eight to ten species from the table will be included in the mix, and no one species will represent more than 10 percent of the total seed mix. 2 - Cereal rye is a non-invasive, non-native, and will be utilized for a one-time cover. Due to the fact that this seed mix will be used to rehabilitate erosIon areas, it is essential to include a “quick" cover species to provide ground cover to prevent erosion prior to native species establishment. FAC Broomsedge bluestem (Andmpogon virginicus\ Big bluestem (Andropogon gerardii\ Tall dropseed (Sporobolus compositus) Buffalograss (Bouteloua dactyloides\ Virginia wildrye (Elymus virginicus) Green sprangletop {Leptochloa dubia\ FACU FAC FACU UPL UPL UPL FACU FACU FAC FACU UPL Prairie Grassland and Floodplain ESA Mitigation In preparation for mitigation activities, floodplain areas will be treated to limit the influence of invasive species on post-construction riparian development. Specifically, areas within the ESA Mitigation Bank with invasive species will be treated chemically, pre- and post-emergent, and soils will then be disked, chemically re-treated and disked again, as needed. Any necessary re-treatment of invasive species would be determined through during the subsequent growing seasons following initial treatment, during the 3- year monitoring described in Section 5.5 or during long-term maintenance of the in-kind mitigation area that is described in Section 5.6. November 2024 Page 16 Alternative Environmentally Sensitive Area (AESA) Report Landmark The Prairie Grassland and Floodplain Mitigation will be re-seeded with a Prairie Grassland mix. The Prairie Grassland mix will be comprised of no more than 10 percent of four native grass species - little bluestem, side oats grama, buffalograss, and blue grama. The remaining species included in the Prairie Grassland mix will consist of five to ten species that will make up no more than 60 percent of the seed mix included in Table 9. The final makeup of the species included in the Prairie Grassland mix will be determined based on seed availability and cost at the time the proposed phase AESA plan is present to city staff. However, no one species will represent more than 10 percent of the total seed mix. The applicant is committed to establishing a vegetation community that consists of a diverse and rich mix of herbaceous species within the Praire Grassland and Floodplain ESA Mitigation area. Due to the custom nature of the seed mix, seeding rates will be determined by the seed distributor. They will be provided in the proposed phase AESA plan that will be provided by city staff during the civil plan review (also described in Section 5.1.5). Soil samples we be taken within the planting area prior to seeding to determine if soil amendments (i.e., fertilizer) are needed. Planting of the Prairie Grassland mix would occur during March through April. Water-Related Habitat Mitigation (Creation) Grading activities would be conducted adjacent to the streams in which micro-topography would be created. The grading in these micro-topographic features would be similar to habitats of natural wetlands found in the watershed, with shallow depressions and hummocks in a wetland/floodplain mosaic. The wetland portions of the mosaic would be inundated between 0 and 12 inches. These areas would be subject to regular flooding in the 1-to-5-year storm events. These micro-topographic features would be planted with wetland species. The Wetland mix will be comprised of species included in in Table 11. At least 15 species from Table 11 will be included in the mix, and no one species will represent more than 10 percent of the total seed mix. The applicant is committed to establishing a vegetation community that consists of a diverse and rich mix of herbaceous species within the Water-Related Habitat (Creation) ESA Mitigation area. The final makeup of the Wetland mix will be determined based on seed availability and cost at the time of the proposed phase AESA plan to be present to city staff during the civil plan review. Due to the custom nature of the seed mix, seeding rates will be determined by the seed distributor. They will be provided in the phase AESA plan that will be provided to city staff during the civil plan review (also described in Section 5.1.5). Soil samples we be taken within the planting area prior to seeding to determine if soil amendments (i.e., fertilizer) are needed. Planting of the Wetland mix would occur during March through April. Table 11. Vegetation Species included in Wetland Mix1 Wetland ndicator Status Species Wetland Indicator Status FACUEastern gamagrass :um dactyloides\Tri, Switchgrass (Panicum virgatum\ Green sprangletop :hloa dubia\Le Inland seaoats Chasmanthium latifoliam Canada wildrye ',Elymus canadensis\ Big bluestem LAndropogon gel Indiangrass ISorghastum nutans) Sideoats grama ' Bouteloua curtipendula FACU November 2024 Page 17 Alternative Environmentally Sensitive Area (AESA) Report Landmark Table 11. Vegetation Species included in Wetland Mix1 Wetland Indicator 1 Species Status Species Wetland Indicator Status Plains bristlegrass ISetaria vulpiseta\ I -’ - - I (Paspalum floridanu m)a e (Sporobolus cryptandrus) 1 ' ' --- L (Eriochloa sericea) ton ––l: Illinois bundleflower ISporobolus airoides) I ' ' '- I (Desmanthus illinoensis\ a a I \Coreopsis tinctoria} I - - '- I LRudbeckia hirta\r a IEngelmannia peristena\ I ' ' ---' I (Chamaecrista fasciculata)a a {Helianthus maximiliani) \ ' ' '-- \ (Helianthus angustifolius\r a IVerbesina virginica\ I ' ' -- -' I (Dracopis amplexicaulis\0 1 {Setar ia scheeli) 1 -’ ' - 1 IOenothera speciosa\ h –I–-:–=ne bluest ii ICephalanthus occidentalis\ I -' “- I (Bothriochloa barbinodis\r L (And ropogon virginicus) I ' ' '-''' I (Andropogon glomeratus) nt 1:Slim tridens IMonarda citriodora) 1 -' ' - 1 ITridens muticus\ (=;-)d T( 1– At least 15 species from the table will be included in the mix, and no one species will represent more than the total seed mix. UPL Florida paspalum FACW FACU UPL FACU FACU I FACU FAC FAC = FACU FACU I FAC I FACW I UPL FACU UPL OBL I FACU FACU I FACW I FACUUPL I UPL 10 percent of Topsoil soils excavated during the creation of micro-topography for created wetland areas will be stockpiled during construction and redistributed on the surface of these created wetland areas prior to implementing any wetland seed plantings. Stockpiled soils will be treated with appropriate erosion control methods. A minimum of approximately 1.1 acres of wetland mosaics will be created within the Water- Related Habitat Creation Mitigation area. Water-Related Habitat Mitigation (Enhancement) Approximately 5.0 acres of existing herbaceous wetland areas are located within the ESA Mitigation Bank. These existing wetland areas will be planted with the Wetland mix that is described in the Water-Related Habitat Creation M itigation areas above. Re-seeding of this existing herbaceous wetland will improve the plant species' diversity and richness. The applicant is committed to establishing a vegetation community that consists of a diverse and rich mix of herbaceous species within the Water-Related Habitat Mitigation (Enhancement) ESA Mitigation area. Only non-protected trees are anticipated to be removed as a result of mitigation activities within the ESA Mitigation Bank (i.e., mesquites, honey locusts, or species included on the Texas Department of November 2024 Page 18 Alternative Environmentally Sensitive Area (AESA) Report Landmark Agriculture Noxious and Invasive Plant List). The tree preservation plan will be reviewed during subsequent land development applications for each phase in accordance with MPC Sections 7.4.10 and 7.7 A general summary of in-kind mitigation components proposed within the ESA Mitigation Bank includes: • • • • • • A minimum of 48 acres of Prairie Grassland/Floodplain ESA Mitigation (-40% of ESA Mitigation Bank) A minimum of 64 acres of Riparian Buffer ESA Mitigation (-55% of ESA Mitigation Bank) A minimum of 5 acres of herbaceous wetlands of Water-Related Habitat Mitigation (Enhancement) (-5% of ESA Mitigation Bank). A minimum of 1.1 acres of herbaceous wetlands of Water-Related Habitat Mitigation (Creation) (less than 1% of ESA Mitigation Bank). A total of 112.7 acres of available land within the ESA Mitigation Bank. A total of 119 acres of mitigation is available within the ESA Mitigation Bank, due to overlap of ESA types within the ESA Mitigation Bank. The credits generated from the mitigation components listed above from the ESA Mitigation Bank are based on our preliminary ESA impact assessment. 5.1.4 In-Situ Mitigation Plan Proposed impacts like road crossings, outfalls, and other necessary development infrastructure will result in temporary impacts within the limits of confirmed ESAs. These temporary impacts would be associated with temporary construction workspace areas required for construction and would result in temporary soil and vegetation disturbance within ESAs. For example, for a road crossing, the right-of-way itself, pavement, and infrastructure (i.e., necessary permanent structures to support infrastructure up and downstream of the road crossing) would be considered permanent impacts to ESAs. It would be mitigated with in-kind mitigation within the ESA Mitigation Bank. Temporary impacts that would result outside of the permanent infrastructure will be stabilized and revegetated. Vegetation selection will be based on the hydrologic regime of the temporary ESA impact area. Prairie Grassland mix will be utilized within temporary ESA impact areas associated with Riparian Buffer and Floodplain ESA areas. Wetland mix will be used within temporary ESA areas associated with Water-Related Habitat ESAs. The Prairie Grassland mix will be comprised of no more than 40 percent of four native grass species - little bluestem, side oats grama, buffalograss, and blue grama. The remaining species included in the Prairie Grassland mix will consist of five to ten species that will make up no more than 60 percent of the seed mix included in Table 9. The final makeup of the species included in the Prairie Grassland mix will be determined based on seed availability and cost at the time the proposed phase AESA plan is present to city staff. However, no one species will represent more than 10 percent of the total seed mix. The applicant is committed to establishing a vegetation community that consists of a diverse and rich mix of herbaceous species within the in-situ mitigation area. Due to the custom nature of the seed mix, seeding November 2024 Page 19 Alternative Environmentally Sensitive Area (AESA) Report Landmark rates will be determined by the seed distributor. They will be provided in the proposed phase AESA plan that will be provided by city staff during the civil plan review (also described in Section 5.1.5). Soil samples we be taken within the planting area prior to seeding to determine if soil amendments (i.e., fertilizer) are needed. Planting of the Prairie Grassland mix would occur during March through April. The Wetland mix will be comprised of species included in in Table 11. At least 15 species from Table 11 will be included in the mix, and no one species will represent more than 10 percent of the total seed mix. The applicant is committed to establishing a vegetation community that consists of a diverse and rich mix of herbaceous species within the in-situ mitigation area. The final make of the Wetland mix will be determined based on seed availability and cost at the time of the proposed phase AESA plan to be present to city staff. Due to the custom nature of the seed mix, seeding rates will be determined by the seed distributor. They will be provided in the phase AESA plan that will be provided to city staff during the civil plan review (also described in Section 5.1.5). Soil samples we be taken within the planting area prior to seeding to determine if soil amendments (i.e., fertilizer) are needed. Planting of the Wetland mix would occur during March through April. If the timing of the completion of the development phase does not fall in line with the planting window for the various seed mixes (i.e., March to April), then the temporary ESA impact areas will be stabilized with an annual herbaceous species (cereal rye, annual ryegrass, wheat, or other similar species). The area would then be re-vegetated with the appropriate native seed mix (depending on the hydrologic regime of the temporary ESA impact area) from March through April. Per MPC Section 7.4.6.B.1.h and 7.4.6.B.1.o – Undeveloped Floodplain and 7.4.7.A.8 and 7.4.7.A.13 – Riparian Buffer and Water-Related Habitat ESAs, Mobility Plan roadways and culverts and bridges are a permitted use/activity if the areas disturbed are restored to minimize erosion and promote the recovery of the ESA, subject to Director of Environmental Services approval. Erosion control measures at Mobility Plan crossings and all other planned road crossings will be implemented prior to and during construction to minimize erosion that will comply with the Stormwater Design Criteria Manual and the Municipal Separate Storm Sewer System (MS4) permit for the City of Denton. Erosion control plans will be made available to City staff for review and approval during the review of civil plans for each development phase. Additionally, as described above, temporary impacts within ESA areas will be stabilized and revegetated using the appropriate seed mixes based on the area’s hydrologic regime. The establishment of native species within the temporary impact areas surrounding all road crossings will help promote the recovery of adjacent ESAs to the road crossing. The goals of the in-situ mitigation would be to improve the ecological and water quality services provided by the ESAs, which would be temporarily impacted by the construction of development infrastructure. The intend is for these temporary impact areas to revert to fully functioning ESA areas at the end of the 3-year monitoring period. During the construction of the infrastructure, appropriate stormwater BMPs would be installed and maintained. Afterward the re-vegetation plan outlined above would be implemented as in-situ mitigation for temporary impacts within areas of ESAs. The proposed native seed mixes will provide additional vegetation diversity, cover, and structure, which will result in improving the November 2024 Page 20 Alternative Environmentally Sensitive Area (AESA) Report Landmark water quality of adjacent stream and wetland segments. It has been observed in some cases that the physical disturbance of the native seedbed will result in the native recruitment of additional vegetation species, which is also anticipated as part of the in-situ mitigation. 5.1.5 Mitigation Implementation & Phasing The final determination of the acreages and impacts that the ESA Mitigation Bank will mitigate will be based on the final development plans for Landmark and its individual development phases. Components of the ESA Mitigation Bank will be implemented in phases. The size and extent of each phase will be determined as development progresses and the design of individual phases progresses. During the initial design phase for an individual development phase, a qualified environmental consultant will work in conjunction with the developer and the design engineer to determine any encroachments into ESAs. The impacts for each phase will be determined, and a location within the ESA Mitigation Bank will be identified that can provide appropriate compensation for the unavoidable impact to ESA areas. Ideally, mitigation activities will start in the far northwest corner of the ESA Mitigation Bank and work toward the NRCS lake, which is located on the downstream side of the ESA Mitigation Bank. A development phase-specific AESA plan that describes the ESA impacts and outlines the mitigation activities that will be implemented to compensate for unavoidable ESA impacts will be presented to City staff for review and approval during the civil plan review for each phase of the development. City staff has the authority to deny civil plans until all specifications and details of the mitigation have been satisfied. A general outline of the phase AESA plan that will be presented to City staff at each phase of the development would include: • • A description of components of the development associated with the phase. A description of the amount and type of ESA that would be permanently impacted and the corresponding in-kind mitigation activities that would be implemented to compensate for the permanent impacts to ESAs. A description of the in-kind mitigation activities, including species to be planted and seeding rates for prescribed herbaceous seeding, will be provided. A description of the amount and type of ESA that would be temporarily impacted and the corresponding in-situ mitigation activities that would be implemented to compensate for the temporary impacts to ESAs. A description of the in-situ mitigation activities, including species to be planted and seeding rates for prescribed herbaceous seeding, will be provided. Any necessary BMPs that would be recommended to provide soil stabilization, outside of the establishment of re-establishing herbaceous cover, will be presented as well. Mitigation (both in-kind and in-situ) will be provided at a minimum of 1:1 ratio (i.e., acre to acre). However, there could be some cases where more in-kind mitigation (i.e., greater than a 1:1 ratio) would be implemented during an individual phase when it is determined to be more economical and practical for mitigation implementation. Any over establishment of mitigation would be accounted for in the overall summary/tracking sheet. When additional impacts to ESAs (similar to in kind mitigation) would occur in a future phase, then those credits would be debited from the overall summary/tracking sheet and credited to the future phase. • • November 2024 Page 21 Alternative Environmentally Sensitive Area (AESA) Report Landmark •Plantings prescribed for both in-kind and/or in-situ mitigation will be implemented prior to the time of final acceptance (i.e. prior to acceptance of public infrastructure, prior to the issuance of the first building permit, or during the appropriate growing season outlined below), or a letter of intent will be provided with dates when plantings will occur if the timing of final acceptance does not correspond with the acceptable growing season for plantings to occur. o Tree and shrub plantings will be planted during the month of October. o Herbaceous seeding will occur during March and April. Educational signs will be installed along public streets and trails adjacent to and within the ESA Mitigaiton Bank. Signs will provide general information to the residences and citizens of Denton that the mitigation area will remain in a natural state, have limited management, and will provide improvements to the surrounding ecosystem. The ESA Mitigation Bank will be incorporated into a final plat. Notes will be placed on the corresponding Development Area final plat to reference the activity as it relates to the phase of the development. The ESA Mitigation Bank final plat shall include notes to record the purpose of the ESA Mitigation Bank and provide private maintenance requirements of the ESA Mitigation Bank. Staff shall review and confirm the ESA Mitigation Bank is accurately depicted on the final plat and plat notes are sufficient to describe the intent of the ESA Mitigation Bank. A legal description of the development impact area will be provided. • • • A summary/tracking spreadsheet that itemizes the cumulative impacts to ESAs by the phase of the development and the amounts and types of mitigation activities implemented within the ESA Mitigation Bank will be developed. A table that summarizes cumulative impacts on ESAs and the amounts of mitigation activities implemented within the ESA Mitigation Bank will be included with each phase-specific AESA plan. An exhibit and GIS files will also be updated accordingly. All of this information will be shared with City staff for their tracking purposes. While not anticipated, if all components of the ESA Mitigation Area have been implemented before all the development impacts to ESAs have been completed, additional ESA Mitigation would be implemented in preserved ESA areas within the property. Approximately 110 acres of Riparian Buffer ESAs, 30 acres of Water-Related Habitat, and 231 acres of Floodplain ESA will be preserved outside of the ESA Mitigation Bank within the proposed development. Any necessary ESA mitigation components would be implemented within preserved ESAs and would include mitigation activities that correspond to ESA impacted and follow the same mitigation activity descriptions as above described in, Section 5.1.3. If additional mitigation is necessary outside the ESA Mitigation Bank, additional mitigation areas within the project area will be identified and presented to city staff for review and approval prior to any implementation. 5.2 Future Mitigation Enhancement It is anticipated that the proposed ESA Mitigation Bank will be situated in a protected natural area type setting. The intent of the ESA Mitigation Bank is to enhance and replace the ecological services of ESAs and provide an opportunity for passive recreation and interaction between residents of Landmark and the November 2024 Page 22 Alternative Environmentally Sensitive Area (AESA) Report Landmark City of Denton. This passive recreation could include, but would not be limited to, a soft trail system (which is allowed in Riparian Buffer and Water-Related Habitat ESAs per the MPC - Section 7. A.7. A.12), interpretive signage, benches, picnic tables, outdoor education areas, a fishing pier, wildlife viewing areas, etc. These features would be situated in a manner that would not degrade adjacent ESAs but would allow residents to enjoy the intrinsic value the ESA Mitigation Bank provides to the development and the overall watershed. It is anticipated that any permanent impacts to ESAs by park components within the ESA Mitigation Area would be minimal. While the permanent impacts to ESAs by park components are not itemized in the ESA project impacts, a 20% contingency was added to the impacts to account for future features such as these, which will be mitigated appropriately. Any passive recreation feature would be reviewed with staff prior to implementation and if necessary, appropriate ESA mitigation would be proposed and implemented for any impact. The ESA Mitigation Bank (i.e„ in-Kind Mitigation) would be placed into an open space lot owned by a property owners association or similar entity set up by the developer. It would also be located within a floodplain and/or drainage easement. See Section 5.4 for more discussion on protective covenants. This would provide the appropriate level of protection and ensure that the long-term management, monitoring and report, as well as the adaptive management outlined in this AESA, are implemented. The long-term management of the ESA Mitigation Bank is outlined in Section 5.6 below. 5.3 Performance Standards & Success Criteria The applicant or their assigns will be responsible for the maintenance of the ESA Mitigation Bank created to comply with the conditions of this mitigation plan until they provide documentation to the City of Denton that the mitigation is functioning as the intended type of ecosystem component and at an acceptable level of ecological performance. The applicant is proposing to utilize varying survivability rates depending on the type of mitigation activity and vegetation type. • Tree and shrub plantings will be monitored to ensure a 75 percent survivability rate (i.e., 38 trees and shrubs/acre) for three consecutive growing seasons after planting. This is due to the difficulty of establishing trees and shrubs in the Fort Worth Prairie (Botanical Research Institute of Texas 2024). Dead trees or shrubs will be replaced during the initial three-year planting to maintain the survival rate. If the overall survivability in the mitigation areas drops below 75 percent during any monitoring period, supplemental plantings will be conducted in the mitigation areas to meet the 75 percent survivability criteria. If supplemental planting is implemented, the monitoring period will start over at the point of supplemental plantings, and the 75 percent criteria must be achieved for three consecutive years from that date. • Wetland vegetation creation and enhancement areas and in-situ mitigation areas planted with Wetland mix will be monitored to ensure a 75 percent vegetative cover along the banks of the wetland for three consecutive growing seasons after planting. Water levels within riparian wetlands that are typically found within the project area are driven by climatic conditions. Measuring the survival rate along banks of the wetland areas will take into account standing water and resulting bare ground that can occur as a result of fluctuations in the water level of wetland November 2024 Page 23 Alternative Environmentally Sensitive Area (AESA) Report Landmark areas due to changes in precipitation patterns. If the overall survivability in the mitigation areas drops below 75 percent along the banks of the wetland area during any monitoring period, re- seeding and/or supplemental plantings will be conducted in the mitigation areas to meet the 75 percent survivability criteria along the banks. If supplemental planting is implemented, the monitoring period will start over at the point of supplemental plantings, and the 75 percent vegetative cover criteria along the banks of the wetland must be achieved for three consecutive years from that date. Prairie Grassland plantings (within Prairie Grassland and Floodplain ESA Mitigation, Riparian Buffer ESA Mitigation, and in-situ mitigation areas associated with Riparian Buffer and Floodplain ESAs) will be monitored to ensure an 85 percent vegetative cover for three consecutive growing seasons after planting. If the overall survivability in the mitigation areas drops below 85 percent during any monitoring period, supplemental plantings will be conducted in the mitigation areas to meet the 85 percent survivability criteria. If supplemental planting is implemented, the monitoring period will start over at the point of supplemental plantings, and the 85 percent vegetative cover criteria must be achieved for three consecutive years from that date. • Upon receipt of the third annual report, City of Denton staff will perform an inspection and, upon confirmation the conditions of this plan have been met, issue a letter of acceptance. Projects not having received a letter of acceptance will continue to be monitored and repaired until the conditions of the plan have been met. 5.4 Protective Covenants The City of Denton is the authority over compliance with this AESA plan. The applicant or property owner will protect the ESA Mitigation Bank (i.e., in-kind mitigation areas) through covenants, conditions and restrictions, floodplain easements, and/or drainage easements. Once the components of each phase of the ESA Mitigation Bank have been completed and the protective covenant has been filed on the final plat for the development phase, the City of Denton will be notified that the AESA activities have been completed. In-situ mitigation areas would be protected by Section 7.4 – Environmentally Sensitive Areas in the MPC. Due to the temporary nature of the impact on ESA associated with in-situ mitigation, these areas are intended to develop back in ESAs once the in-situ mitigation has been implemented and deemed successful following a 3-year monitoring period. Any future impact to an in-situ mitigation area would require additional mitigation if the future impacts were not allowable by the MPC. 5.5 Monitoring & Reporting The applicant/owner will establish and implement a self-monitoring program that includes the following actions: • Designation, in writing, of a responsible party to coordinate with the City of Denton concerning on-site inspections and compliance conditions. November 2024 Page 24 Alternative Environmentally Sensitive Area (AESA) Report Landmark • • Notification to the City of Denton of the schedule of activities for each phase of the project at least 30 days prior to the start of soil-disturbing activities. Implementation of a reporting program that will include annual written compliance reports to the City of Denton, due November 1 each year. An annual monitoring report will be prepared each year for three consecutive years of the mitigation phase. The applicant or the property owner at the time will include in each report any schedule changes and a summary of all activities that occurred during the reporting period, including a demonstration of the permittee's compliance with the conditions of the ESA Mitigation Bank and documentation of the progress and/or completion of all authorized work, including restoration activities. Applicant/owner will include photographs, maps, and a description of the impacts on jurisdictional waters in the report. Compliance reports are required even if no work is conducted during the reporting period. 5.6 Adaptive Management Plan/Long.Term Maintenance Any changes that may occur in this mitigation plan due to unanticipated constraints inside the ESA Mitigation Bank and within in-situ mitigation areas will be adapted accordingly to meet the performance standards and success criteria outlined above. After the success criteria have been met (i.e., 3-year monitoring period), the applicant/property owner will contract a qualified environmental consultant to visit the ESA Mitigation Bank and any in-situ mitigation areas at least annually to check the status of aquatic resources and the general condition of the ESA Mitigation Bank and in-situ mitigation areas. Likely, challenges are limited but may include a loss of vegetation structure due to natural or manmade causes, including mortality, a growing presence of invasive species, trash accumulation, changes to the mowing regime or some type of contaminated spill upstream of the ESA Mitigation Bank. Should unforeseen changes occur that affect the management or performance standards of the ESA Mitigation Bank during the adaptive management period, the environmental consultant contracted by the applicant will outline any recommended maintenance needs within the ESA Mitigation Bank and will present these recommendations to city staff for review, before any recommendations are implemented on-site. 6.0 Criteria for Approval Additional intrinsic benefits of the ESA Mitigation Bank and the corresponding singular alternative ESA plan would be the gained efficiency and reduced review time by city staff. If the developer pursued multiple alternative ESA plans over the project's life instead of a single alternative ESA plan, the review time and related coordination effort by city staff would be significantly more. Per Section 2.16.4.D. of the Hunter Ranch MPC, the City Council may approve an alternative ESA plan with conditions necessary to mitigate the impacts of the proposed development upon considering the factors and goals noted in the code. The factors and goals from Section 2.16.4.D and how the ESA Mitigation Bank will accomplish them are outlined below: 1. Mitigation goals are obtained by creating, expanding, and/or improving ESAs. The planners and engineers have taken great lengths to protect and preserve existing ESAs that provide the ecologic benefits that the City of Denton values in these resources. The following breakdown provides the preliminary acreage and percentages of ESAs to be preserved within November 2024 Page 25 Alternative Environmentally Sensitive Area (AESA) Report Landmark Landmark. The final determination of the acreages and percentages of ESAs to be preserved will be based on the final development plans for Landmark. • -164 acres of Riparian Buffer ESA will be preserved (91%). • -37 acres of WRH ESA will be preserved (97%). • -339 acres of Floodplain ESA will be preserved (94%) • Total Preservation = 540 acres The mitigation for Landmark includes both in-kind and in-situ mitigation. The in-kind mitigation consists of the components of the proposed ESA Mitigation Bank, including: •Riparian Buffer ESA Mitigation – will include the removal of invasive species, planting of native trees and shrubs, and seeding with a native herbaceous prairie grassland ground cover. At a minimum, 64 acres of Riparian Buffer ESA Mitigation will be enhanced. The proposed mitigation will improve the existing condition of the riparian corridor. Trees and shrub plantings will provide stream bank stability. Overall, vegetation specIes diversity will be increased, which will help to protect water quality in the watershed by reducing erosion and modifying runoff before it enters downstream waters. Prairie Grassland and Floodplain ESA Mitigation – will include areas located within the studied 100-year floodplain but outside of the Riparian Buffer ESA Mitigation area. This will result in the removal of invasive species and seeding with native herbaceous prairie grassland cover. At a minimum, 48 acres of Prairie Grassland/Floodplain ESA will be enhanced. The proposed mitigation will improve the diversity of prairie grassland species in the mitigation area. Overall, vegetation species diversity will be increased, which will provide increased water quality benefits by providing additional filtration for runoff from the adjacent proposed development. Water-Related Habitat Mitigation (Creation) – grading activities that would create micro- topography would be conducted adjacent to existing streams within the ESA Mitigation Bank. These areas would mimic similar natural wetlands found within the watershed, with shallow depressions and hummocks in a wetland/floodplain mosaic. These areas would be planted with a Wetland mix that would establish a diverse mix of herbaceous plants suited for a hydrophytic environment. These areas would assist in decreasing the velocity of storm events, provide wildlife habitat, help to control and reduce erosion and add in sediment and pollutant filtration and removal. A minimum of 1.1 acres of herbaceous wetland would be created within the ESA Mitigation Bank. Water-Related Habitat Mitigation (Enhancement) – At a minimum, 5 acres of existing herbaceous wetlands that are located within the ESA Mitigation Bank will be enhanced by seeding with the Wetland mix. Re-seeding will improve the plant species diversity and richness that currently does not exist currently within these wetland areas. These areas will also provide similar water quality and wildlife habitat benefits that are described above for the Water-Relate Habitat Mitigation Creation areas. • • • November 2024 Page 26 Alternative Environmentally Sensitive Area (AESA) Report Landmark In-situ mitigation is proposed to reclaim and restore temporary impacts to confirmed ESAs associated with the installation of necessary development infrastructure (i.e., road crossings, outfalls, on-channel detention, etc.). Vegetation selection will be based on the hydrologic regime of the temporary ESA impact area. Prairie Grassland seed mix will be utilized in temporary impacts areas associated with Riparian Buffers and/or Floodplain ESAs. Wetland Seed mix will be used within temporary ESA impact areas related to Water-Related Habitat ESAs. The goal of the in-situ mitigation would be to improve the ecological and water quality services provided by the temporarily impacted ESA areas. 2. Mitigation goals are obtained by preserving ESAs above the minimum requirements, exchanges between different types of ESAs, installing pollution prevention controls, and/or implementing best management practices or any other approaches that result in the improvement of the environment being impacted. •These goals will be accomplished with the ESA Mitigation Bank and the project as a whole, as outlined in this mitigation plan. The proposed ESA Mitigation Bank will increase the species diversity and richness of what is currently located within the area proposed for the ESA Mitigation Bank. The ESA Mitigation Bank will also mitigate impacts at a minimum of a 1:1 acreage ratio (i.e., acre to acre). The stream re-establishment/rehabilitation and riparian vegetation improvements within the Riparian Buffer and 100-year floodplain will reduce pollution from downstream waterbodies and aid in stormwater management for the proposed development. Wetland creation and enhancement will assist in decreasing the velocity of storm events, provide wildlife habitat, help to control and reduce erosion and add in sediment and pollutant filtration and removal. In-situ mitigation would improve the ecological and water quality services provided by the temporarily impacted ESA areas. The proposed project will, as deemed appropriate by the developer and approved by city staff, install pollution prevention controls and implement best management practices, where applicable. 3. Areas offered as mitigation are linked to existing or planned open space or conserved areas to provide an overall open space system. • The ESA Mitigation Bank will be in an extensive open space system that will be linked to other open space areas located within the Landmark development. 4. Development is arranged for maximizing access and utilization of the ESAs by citizens. • The ESA Mitigation Bank is situated in an area that will allow access by Denton residents. 5. Areas offered as mitigation are placed either in a lot or lots that incorporate a permanent conservation easement, a preserved habitat, restrictive covenants, or such other legal mechanism to allow for the long term conservation of said areas. Such legal mechanisms shall November 2024 Page 27 Alternative Environmentally Sensitive Area (AESA) Report Landmark limit any future land disturbing activity or construction within the ESAs, shall run with the land, and shall be binding upon all successors and assigns of the current owner. • The applicant or the property owner will protect the ESA Mitigation Bank area through covenants, conditions and restrictions, floodplain easements and/or drainage easements The ESA Mitigation Bank will be incorporated into a final plat. Notes will be placed on the corresponding Development Area final plat to reference the activity as it relates to the phase of the development. The ESA Mitigation Bankfinal plat shall include notes to record the purpose of the ESA Mitigation Bank and provide private maintenance requirements of the ESA Mitigation Bank. Staff shall review and confirm the ESA Mitigation Bank is accurately depicted on the final plat and plat notes are sufficient to describe the intent of the ESA Mitigation Bank. 6. The alternative ESA plan shall demonstrate that the property owner's alternative proposal results in a high-quality development meeting the intent of the standards in this MPC. • Landmark will be a high-quality development and legacy project for the City of Denton, meeting the intent of the MPC. The proposed ESA Mitigation Bank and alternative ESA would fully adhere to the MPC. After approval of the alternative ESA by the planning and zoning commission and city council, all other coordination on the ESA Mitigation Bank and alternative ESA would be achieved at the staff level. In addition to meeting the stated intent of the alternative ESA plan outlined in the MPC, the proposed project would also comply with other applicable City of Denton guidance, such as the City of Denton Stormwater Design Criteria Manual and the Municipal Separate Storm Sewer System (MS4) permit for the City of Denton. 7.0 Summary The projected ESA impacts for Landmark is 48.47 acres, which includes a 20% contingency to account for the fact that ESA impacts were calculated using preliminary data for the project. Unavoidable impacts will be mitigated by two types of mitigation activities: in-kind and in-situ mitigation. The in-kind mitigation consists of the components of the proposed ESA Mitigation Bank, including. Approximately 48 acres of Prairie Grassland/Floodplain ESA Mitigation, 64 acres of Riparian Buffer ESA Mitigation, 5 acres of herbaceous wetlands of Water-Related Habitat Mitigation (Enhancement), and 1.1 acres of herbaceous wetlands of Water-Related Habitat Mitigation (Creation) are available within the ESA Mitigation Bank to compensate for unavoidable impacts to ESAs. Invasive species treatment/removal and planting of switchgrass and other native bunch grasses is proposed within both Prairie Grassland and Floodplain ESA Mitigation and Riparian Buffer ESA Mitigation locations. Proposed mitigation within existing and created Water-Related Habitat ESA will include minor grading to improve the micro-topography, native tree, grass, and forb plantings. Topsoil soils excavated during mitigation plan implementation will be stockpiled during construction and redistributed throughout the ESA Mitigation Bank as determined appropriate. For in-situ mitigation, native seed mixes are proposed to reclaim and restore impacts associated with the installation of necessary development infrastructure (i.e., road crossings, outfalls, on-channel detention, etc.) within November 2024 Page 28 Alternative Environmentally Sensitive Area (AESA) Report Landmark ESA areas. Native seeding will also be implemented at impact areas that are permitted by right (i.e., roads included in the Mobility Plan). 8.0 Annual Reporting Contacts Owner/Applicant :HR 3200, LP Hunter Ranch Land, LLC HWP HR, LP HR JV, LP 9800 Hillwood Parkway, Suite 300 Fort Worth, Texas 76177 Environmental Consultant:Westwood Professional Services, Inc. 9800 Hillwood Parkway, Suite 250 Fort Worth, Texas 76177 Civil Engineer:Kimley-Horn and Associates 6160 Warren Parkway, Suite 210 Frisco, Texas 75034 Westwood Professional Services, Inc. 9800 Hillwood Parkway, Suite 250 Fort Worth, Texas 76177 9.0 Literature Cited A Function-Based Framework for Stream Assessment and Restoration Projects. Protection Agency, Office of Wetlands, Oceans, and Watersheds. May 2012. https ://www.epa.gov/sites/default/files/2015- 08/documents/a function based framework for stream assessment 3.pdf U.S. Environmental Botanical Research Institute of Texas. Ecoregion, Fort Worth Prairie. https://ecosca pes.brit.orR/ecofacto rs/ecoregions/fort-worth- prairie/#:-:text=These%20sh rin king%2Dexpanding%20clays%20a re,edges%2C%20hilltops%2C%20or%20 mesas. Accessed July 29, 2024. City of Denton, Texas, Environmentally Sensitive Areas Primer, July 20, 2021. https://www.cityofdenton.com/DocumentCente r/View/493/ESA-Primer-PDF. City of Denton, Design Criteria Manual. July 2024. https://tx- denton.civicplus.com/DocumentCente r/View/8462/City-of-Denton-Design-Criteria-Manual?bidld=. November 2024 Page 29 Alternative Environmentally Sensitive Area (AESA) Report Landmark Nelle, Steve. 2014. Managing Riparian Areas. Nueces River Authority. https://rivel-sedgewest.org/sites/default/files/2022-06/2014 Managing Riparian Areas.pdf Environmental Law Institute (ELI), Background on Compensatory Mitigation, https://www.eli.org/compensatory-mitigation/background-compensatory-mitigation, Accessed May 30, 2024 Federal Register, Part II, Department of Defense, Department of the Army Corps of Engineers 33 CFR Parts 325 and 332 and Environmental Protection Agency 40 CFR Part 230, Compensatory Mitigation for Losses of Aquatic Resources, Final Rule, April 10, 2008. North Central Texas Council of Government (NCTCOG), Integrated Stormwater Management (iSWM) http://www.iswm.nctcog.org/technical-manual. html City of Denton, Texas, Ordinance No. MPC19-0002c, Hunter Ranch Master Plan Community (MPC), Passed and Approved April 7, 2020. Protecting and Restoring Riparian Areas. Association of State Wetland Managers. March 2016. https://www.nawm.org/pdf lib/protecting and restoring riparian areas kusler 030916.pdf The Nature Conservancy, Watershed Approach Handbook, Improving Outcomes and Increasing Benefits Associated with Wetland and Stream Restoration and Protection Projects, September 2014. https://www.eli.org/sites/default/files/eli-pubs/watershed-approach-handbook-improving-outcomes- and-increasing-benefits-associated-wetland-and-stream 0.pdf U.S. Army Corps of Engineers, United States Environmental Protection Agency, & Institute for Water Resources (2015). The Mitigation Rule Retrospective: A Review of the 2008 Regulations Governing Compensatory Mitigation for Losses of Aquatic Resources. United States Environmental Protection Agency. https://www.iwr.usace.army.mil/Portals/70/docs/regulatory/2015-R-03 Factsheet.pdf November 2024 Page 30 Appendix A – Site Maps Muenster Gainesville It () Celina0 Approximate Project Location 114 Little Elm O Lake Lewisville Justin 0 121 Grapevine Lake a g } $i $ Jg i g (3i g Legend [] Landmark Boundary SHEET NO. 1 Landmark ESA GRAPHIC SCALE Westwood Vicinity Exhibit Denton, Denton County, Texas 9800 HILLWOOD PARKWAY, SUITE 250 FORT WORTH, TX 76177 PHONE: 817-562-3350 Jim Christa! Rd W Oak St Denton Municipal Airporti i Wi::cwwood St E FM 2449 Vintage Blvd H Lively Rd Brush Creek Rd Denton Country Club Club of Robson Wildhor se Golf Ranch trii $i g i 1g g aSt g 1 a I Li i li 1: h St Argyle Harpole Rd Argyle isd FM 407 E- Legend FM 407 W [] Landmark Boundary Frenchtown Rd SHEET NO. 2 Landmark ESA GRAPHIC SCALE Westwood a Local Area Exhibit MIles 1 Denton, Denton County, Texas 9800 HILLWOOD PARKWAY. SUITE 250 FORT WORTH. TX 76177 PHONE: 817-562-3350 Source 20 a Legend Overall Sheets lg :8 g 'i g Riparian Buffer ESA Designation Confirmed Water Related Habitat ESA fI Designation Confirmed Upland Habitat ESA n Designation Confirmed Floodplain ESA+ Designation Confirmed } g + Reflects the Studied 100-Year Flood SHEET NO. 3 GRAPHIC SCALE Landmark ESA r Westwood g !' E 0 3.000 Feet Overall ESA Exhibit Denton, Denton County, Texas 9800 HILLWOOD PARKWAY, SUITE 250 FORT WORTH. TX 76177 PHONE: 817-562.3350 E ;' .'..- }_ Tu+. ER Legend a Landmark Boundary Riparian Buffer ESA a Designation Confirmed Water Related Habitat ESA E£l Designation Confirmed Upland Habitat ESA Designation Confirmed Floodplain ESA+ B 3 E $ &lm ©RefteMMied 100-YeLr Flood1 Designation Confirmed i g g ; 3 d j g 2 h SHEET NO. 3A GRAPHIC SCALE 0 600 Feet TfFF Landmark ESA MEga WestwoodIOverall ESA Exhibit Denton, Denton County, Texas 9800 HILLWOOD PARKWAY. SUITE 250 FORT WORTH. TX 76177 PHONE: 817-562-3350 bI :} thE W'f f, Legend a Landmark Boundary Riparian Buffer ESA fI Designation Confirmed Water Related Habitat ESA el Designation Confirmed Upland Habitat ESA a Designation Confirmed Floodplain ESA# Designation Confirmed f. SHEET NO. 3B GRAPHIC SCALE 0 500 Feet Landmark ESA Overall ESA Exhibit Westw Denton, Denton County, Texas 9800 HILLWOOD PARKWAY. SUITE 250 FORT WORTH. TX 76177 PHONE: 817-562-3350 b n t ' / Legend A Landmark Boundary Upland Habitat ESA el Designation Confirmed Water Related Habitat ESA fI Designation Confirmed Riparian Buffer ESA fI Designation Confirmed I Eli g $ ! e !i : g9i g i) g g B Floodplain ESA+ + Reflects the Studied 100-Year Floodp Designation Confirmed SHEET NO. 3C GRAPHIC SCALE a 600 Feet Landmark ESA [@ pared By: Westwooc m Overall ESA Exhibit Denton, Denton County, Texas 9800 HILLWOOD PARKWAY. SUITE 250 FORT WORTH. TX 76177 PHONE: 817-562-3350 + 1+ ;§'"-kl Legend Landmark Boundary Jg E $ : gi e ! g !i ! 8 8 g (ji Riparian Buffer ESA IIlIIE Designation Confirmed Water Related Habitat ESA fl Designation Confirmed Upland Habitat ESA eyI Designation Confirmed Floodplain ESA# Designation ConfirmednBTai;Re Studied 100-YeaF-Map= SHEET NO. 3D Landmark ESA antIEd By' IVesIGRAPHIC SCALE wvood 0 800 Feet Overall ESA Exhibit Denton, Denton County, Texas 9800 HILLWOOD PARKWAY. SUITE 250 FORT WORTH. TX 76177 PHONE: 817-562.3350 r)Ma: ::3#*1 f ,j ’,P Legend a Landmark Boundary Riparian Buffer ESA Designation Confirmed Water Related Habitat ESA eII Designation Confirmed Upland Habitat ESA IJI Designation Confirmed Floodplain ESA+ Designation Confirmed g I EIl g '! :E e iSy ! Qr9 i g i g 8 g E3 ; I * Reflects the Studied 100-Year Flood SHEET NO. 3E Landmark ESA GRAPHIC SCALE Westwood a 800 1 Feet Overall ESA Exhibit 9800 HILLWOOD PARKWAY, SUITE 250 FORT WORTH. TX 76177 PHONE: 817-562-3350 SOLI Denton, Denton County, Texas lb '::;4£4'IT Legend A Landmark Boundary Riparian Buffer ESA fI Designation Confirmed Water Related Habitat ESA eYI Designation Confirmed Upland Habitat ESA el Designation Confirmed Floodplain ESA# Designation Confirmed e g g ! t € ! & m Year Flood SHEET NO. 3F Landmark ESA [FZrepared By: Westwood Ii! 9800 HILLWOOD PARKWAY, SUITE 250 FORT WORTH. TX 76177 PHONE: 817.562-3350 GRAPHIC SCALE 0 700 Feet Overall ESA Exhibit Sources NAIP 2020 Denton, Denton County, Texas Byq : bl el yee \nT ; & &b:I!!: ::r Legend H Landmark Boundary Riparian Buffer ESA f) Designation Confirmed Water Related Habitat ESA [II Designation Confirmed Floodplain ESA+ Designation Confirmed '-., * Reflects the Studied 100-Year Floodplain E g g g i ! g SHEET NO. 3G GRAPHIC SCALE 0 500Feet Landmark ESA mBa WestwoOverall ESA Exhibit Denton, Denton County, Texas 9800 HILLWOOD PARKWAY, SUITE 250 FORT WORTH. TX 76177 PHONE: 817-562-3350 Legend a Landmark Boundary Riparian Buffer ESA Designation Confirmed Floodplain ESA# Designation Confirmed i 1: We' -E SHEET NO. 3H GRAPHIC SCALE 1 Feet f)fI Landmark ESA [Wpared By Overall ESA Exhibit 9800 HILLWOOD PARKWAY. SUITE 250 FORT WORTH. TX 76177 PHONE: 817.562-3350 Date: 11/25/20Sources NAIP 20: Denton, Denton County, Texas a Legend EA Landmark Boundary Proposed ESA Mitigation Area Riparian Buffer ESA cD Designation Confirmed Water Related Habitat ESA eIIb Designation Confirmed Upland Habitat ESA Designation Confirmed Floodplain ESA+ Designation Confirmed* Reflects the Studied 100-Year Floodplain SHEET NO. 4 GRAPHIC SCALE 0 3,000 Feet Landmark ESA Proposed Mitigation Area Exhibit Denton. Denton County, Texas West:wool E lg 9800 HILLWOOD PARKWqY, SUITE 250 lgFORT WORTH. TX 76177 1 a PHONE: 817.562.3350 Legend Landmark Boundary aw,II P,d T Proposed Stream ESA Mitjgatjon Proposed Prairie Grassland/Floodplain ESA + Proposed Water-Related Habitat Mitigation Proposed Water-Related Habitat Mitigation a Proposed Development Area Jurisdictional Features Intermittent Stream <) On-Channel Pond + Herbaceous Wetland +Irq n + + + ++n = + r ft ##6 r % Mitigation (Enhancement) (Creation) -n: +-X%;& {J : }S : g P g ! g rE :+l n y_d !iBf i, ij g g g $ [ SHEET NO. 5 „+= 700 Feet Landmark ESA Prepared By GRAPHIC SCALE 0 Mitigation Area Exhibit M restwood Denton, Denton County, Texas 9800 HILLWOOD PARKWAY, SUITE 250 FORT WORTH. TX 76177 PHONE: 817-562-3350 1.Flt=WltJ£;yH.PZ! Appendix B - Landmark (Hunter Ranch - SWF-2021-0000143) – USACE Approved Jurisdictional Determination (AJD) Letter DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, FORT WORTH DISTRICT P. 0. BOX 17300 FORT WORTH, TEXAS 76102.0300 January 6, 2022 Regulatory Division SUBJECT: Project Number #SWF-2021-0000143; Hunter Ranch Ms. Gena Terrell Hillwood Communities 3000 Turtle Creek Blvd Dallas. Texas 75219 Gena.Terrell@hillwood.com Dear Ms. Terrell: This letter is in regard to information received March 1, 2021, and additional information received May 10, August 8, October 10, and December 7, 2021, concerning the jurisdictional status of water features on an approximately 3,200-acre parcel of land located in Denton, Denton County, Texas. This action has been assigned the project number identified in the Subject line above. Please include this number in all future correspondence concerning this project We have reviewed the defined property boundary in question in accordance with Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act of 1899. Under Section 404, the USACE regulates the discharge of dredged and fill material into waters of the United States, including wetlands. Our responsibility under Section 10 is to regulate any work in, or affecting, navigable waters of the United States. Based on the information and data provided, additional data available to us, and site visits of April 6 & 20 and September 14 & 28, 2021, it has been determined that the delineation of waters of the US shown on the plans entitled Hunter Ranch Jurisdictional Wafer Features Exhibit, Sheets 2 thru 2F, dated 10/18 & 19/2021, consisting of 7 pages, are an accurate portrayal of waters of the US on the property. The basis of this AJD is enclosed. This AJD is valid for a period of no more than five years from the date of this letter unless new information warrants revision of the delineation and determination before the expiration date. This determination does not convey any permit, property rights, either in real estate or material or any exclusive privileges, nor does it authorize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or regulations. This determination does not constitute authorization to undertake any regulated activities in waters of the US and does not eliminate the requirements to obtain State or local permits or approvals as needed. You may accept or appeal this AJD or provide new information in accordance with the enclosed Notification of Administration Appeal Options and Process and Request for Appeal (NAAOP-RFA). If you elect to appeal this AJD, you must complete Section II (Request for Appeal or Objections to an Initial Proffered Permit) of the enclosure and return it to the Division -2- Engineer, ATTN: CESWD-PD-O Appeals Review Officer, U.S. Army Corps of Engineers, 1100 Commerce Street Suite 831, Dallas, Texas 75242-0216 within 60 days of the date of this notice. Failure to notify the USACE within 60 days of the date of this notice means you accept the approved JD in its entirety and waive all rights to appeal the approved JD. Thank you for your interest in our nation's water resources. If you have any questions concerning our regulatory program, please refer to our website at http://www.swf.usace.army.mil/Missions/Regulatory or contact Mr. Chandler J. Peter at the address above or at (817) 886-1736 and refer to your assigned project number. Please help the regulatory program improve its service by completing the survey on the following website: http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_suIvey Sincerely, 8LanZnjy£&6a+ Brandon W. Mobley Chief, Regulatory Division Enclosure Copies furnished (electronically): Lindi Weber, Peloton Land Solutions, lindi.weber@petotonland.com Appendix C - MPC19<)002c, Section 2.16.4 - Alternative Environmentally Sensitive Area (ESA) Plan, Section 7.4 - Environmentally Sensitive Areas (ESAs), and Exhibit F - ESA Map D.Appeals Approval Criteria In considering an appeal, the appropriate decision-making body shall consider the approval criteria applicable to all applications in Subsection 2.4.5, and shall consider the following: 1. The facts stated in the application, as presented by the appellant and/or the Director; and 2. The requirements and intent of the applicable standards from this DDC compared to the written decision that is being appealed. 2.16.4 Alternative Environmentally Sensitive Area (ESA) Plan A. B. Purpose The alternative ESA plan provides the option to address the ESA regulations through a flexible discretionary process using the zoning map amendment procedure. Applicability An alternative ESA plan is required when development deviates from regulations established in Section 7.4: Environmentally Sensitive Areas, and encroaches or removes protected ESAs. Alternative ESA Plan Procedure Figure 2.16-2 identifies the applicable steps from the common review procedures in Section 2.4 that apply to the review of alternative ESA plans. Additions or modifications to the common review procedures are noted below. C- Figure 2.16-2: Summary of Alternative ESA Plan Procedure Application Submittal and Processing Scheduling and Notice of Public Meetings/ Hearings Pre-Application Activities Staff Review and Action Review and Decision Post-Decision Actions and Limitations Pre-application conference required; Citizen Participation Submit to Director Review by Staff P&Z and City Council hearings required P&Z review; City Council review and decision Director to amend the Official Zoning Map Page 96 1560.031 \ 84376.22 1.Step 1 : Pre-Application Activities 1113 a Pre-Application Conference A pre-application conference is required in accordance with Subsection 2.4.3. Citizen Participation Citizen Participation is recommended in accordance with Subsection 2.4.3B: Citizen Participation . 2 Step 2: Application Submittal and Processing a.Generally The alternative ESA plan application shall be submitted and accepted, and may be revised or withdrawn, in accordance with Subsection 2.4.4. i ii.The Director may require additional information deemed appropriate and necessary to process the application. Step 3: Staff Review and Action The Director shall review the alternative ESA plan application and prepare a staff report and recommendation in accordance with the general approval criteria applicable to all applications in Subsection 2.4.5, and the approval crite ria in Subsection 2.16.4D below. C.Step 4: Scheduling and Notice of Public Meetings/Hearings The alternative ESA plan application shall be scheduled for public hearings before the Planning and Zoning Commission and the City Council and shall be noticed pursuant to Table 2.2-A Summary of Development Review Procedures, and Section 2.4.6. Step 5: Review and Decision i. Planning and Zoning Commission Review and Recommendation The Planning and Zoning Commission shall review the alternative ESA plan application in accordance with the approval criteria in Subsection 2.16.4D below, and shall forward its recommendation to the City Council. d ii.City Council Review and Decision a. The City Council may review and approve, approve with conditions, or deny the alternative plan application in accordance with the approval criteria in Subsection 2.16.4D below. b. If the Planning and Zoning Commission recommends denial of the alternative ESA plan, the alternative plan shall become effective only by a three-fourths vote of all members of the City Council. iii.Protest Procedure a.The rules governing amendment over protest are the same as for a zoning amendment and are contained in TLGC, Chapter 211. The Director may prescribe forms for protest petitions. Property owners within 200 feet of a proposed rezoning, as indicated on the most recently approved city tax roll, may file a written protest against the rezoning. If written protests are received by owners of 20 percent or more of the area within 200 feet of the proposed rezoning, approval shall require b Page 97 1560.03 1 \ 84376.22 three-fourths vote of the City Council for an alternative plan to become effective, in such case, a supermajority vote shall not be required by the Planning and Zoning Commission. Step 6: Post-Decision Actions and Limitations Post-decision actions and limitations in Section 2.4.8 shall apply. The City Council decision is a final action and may not be appealed. D.Alternative ESA Plan Approval Criteria The City Council may approve the alternative ESA plan with conditions necessary to mitigate the impacts of the proposed development upon considering the factors and goals noted in this sectIon 1.Mitigation goals are obtained by creating, expanding, and/or improving ESAs Mitigation goals are obtained by preserving ESAs above the minimum requirements, exchanges between different types of ESAs, installing pollution prevention controls, and/or implementing best management practices or any other approaches that result in the improvement of the environment being impacted. Areas offered as mitigation are linked to existing or planned open space or conserved areas to provide an overall open space system. Development is arranged for maximizing access and utilization of the ESAs by citizens. Areas offered as mitigation are placed either in a lot or lots that incorporate a permanent conservation easement, a preserved habitat, restrictive covenants, or such other legal mechanism to allow for the long term conservation of said areas. Such legal mechanisms shall limit any future land disturbing activity or construction within the ESAs, shall run with the land, and shall be binding upon all successors and assigns of the current owner. The alternative ESA plan shall demonstrate that the property owner’s alternative proposal results in a high-quality development meeting the intent of the standards in this DDC. 6. 2,16,5 Watershed Protection Permit Relief A.Purpose The watershed protection permit allows a determination of whether the application of the standards in this DDC, as applied to a watershed protection permit and related development applications would, if not modified or other relief granted, constitute a regulatory taking under constitutional standards. B.Applicability A property owner or authorized agent may file an application for relief under this subsection following final decision to deny or conditionally approve an application for a watershed protection permit and related applications within 10 days. C.Application Submittal and Processing 1. The Director has the authority to establish requirements for applications in the Administrative Criteria Manual. No application shall be accepted for filing until it is complete and the fee established by the City Council has been paid. 2 Upon approval of an application in whole or in part by the City Council, the Director shall process the watershed protection permit, and related development applications, and the Director shall decide the applications consistent with the relief granted on the application, including any amendments to applicable standards approved by City Council. Page 98 1560.031 \84376.22 Subchapter 7: Development Standards b. Issue a Stop Work Order and may enforce the penalty provision of Section 1.5: Amenities Certain private amenities, which shall include, but not be limited to, an amenity center with private use restrictions and a pool, bathrooms, cabana structure, and playground, will be constructed in phases as development of this MPC occurs and will be owned, operated and maintained by an owner association or another non-profit entity. The developer will start construction of these private amenities prior to the City issuing a building permit for the 1,000th single family detached residence in the MPC, and will complete construction of these private amenities within two years after the issuance of a building permit for the private amenities. Public improvements will meet or exceed city requirements at the time. c. Enforcemenl against the permittee or site operator, or both. Should the permittee fail in any respect to fulfill the requirements of this section, the city may go onto the property in question and perform such work as may be necessary to fulfill such requirements, including, but not limited to, leveling grounds, establishing temporary stabilization, constructing erosion controls, and removing all soil, rock, debris, and other materials not suitable for fill at the permittee's expense. The city shall bill the permittee for the expenses incurred. If the permittee fails to pay the city for such expenses within 30 days of being billed for same, the city shall have the right to place a lien on the property for all amounts expended by the city, plus interest at the current lawful rate. 4 The remedies provided by this section are in addition to any other remedies described in this DDC. Exercise of any remedy shall not be a bar against, nor a prerequisite for, taking other action against the violator, including civil enforcement remedies. Environmentaljy Sensitive Areas (ESAs 7.4.1 Purpose This Section 7.4 is intended to achieve the following goals: A.Manage and protect environmentally sensitive areas within this MPC. B.Protect the natural and ecological resources that are essential elements of the city's health and community character and which provide irreplaceable plant and wildlife habitat; C.Establish a development framework for the MPC that respects private property rights, while encouraging them to be used responsibly for the benefit of the entire community; Preserve and enhance the MPC’s distinctive community character and quality of life by ensuring that its natural and built environments are consistent with the community vision and values embodied in the Comprehensive Plan; and D. Establish regulations that conform to the requirements of the state and federal government regarding air quality, water quality, and environmental protection. W A. Applicability General Applicability The standards of this Section 7.4: Environmentally Sensitive Areas (ESAs) , shall apply to all land and all development within the MPC, except as otherwise specifically provided for in this section. 1 2 The type of regulation applicable to the land depends upon the specific ESA classification determined for the property in question on the Environmentally Sensitive Areas Map. If Page 252 1560.03 1 \84376.22 Subchapter 7: Development Standards other regulations in this DDC conflict with the specific ESA regulations of this section, the more stringent of the two regulations shall apply, B.Exemptions Property that does not contain any ESAs as depicted on the City's Environmentally Sensitive Areas Map (ESA Map), Grading, filling, cutting, or other earth-moving activity on any lot involving less than 25 cubic yards for residential projects, or 50 cubic yards for nonresidential projects. Lots platted for single-family or duplex dwelling uses prior to February 20, 2002. 2. 3. 4.The applicant can demonstrate through an ESA field assessment application that the subject property contains no ESAs, or their location is not as depicted on the ESA Map. 7.4.3 Environmentally Sensitive Areas Criteria Manual In addition to meeting the requirements expressly established in this section, all ESAs shall comply with the Environmentally Sensitive Areas Criteria Manual. 7.4.4 ESAs Procedures A.ESAs Compliance Review 1.Applicability ESA compliance review for residential and nonresidential development shall be performed as part of a final plat application pursuant to Subsection 2.1 1.4: Final Plat, a site plan application pursuant to Subsection 2.5.1: Site Plan Review, a clearing and grading permit, or any other applicable permission to commence land-clearing activity. 2.Information Required Information as required on the applicable checklists shall be provided. Additional information deemed appropriate and necessary to process the application may also be required 3 Criteria for Approval The requirements of an ESAs review shall be deemed met either upon approval of an alternate ESA plan or when the applicant demonstrates the following: a.The land disturbing activity complies with the requirements of this DDC for floodplains, riparian buffers, water related habitat, and upland habitat, as well as all other federal, state, or local laws applicable to the application type; The land disturbing activity will not cause damage to ESAs adjacent to the areas to be disturbed; b. The land disturbing activity complies with the requirements of Section 7.3: Land- Disturbing Activities, Protective fencing as specified in the Environmentally Sensitive Areas Criteria Manual has been established at the perimeter of the ESA. Protective fencing shall clearly mark and delineate all ESAs to be protected and preserved for the duration of the land disturbing activities on the property; and A wetland delineation by a trained scientist has been performed if encroachments into U.S. Army Corp of Engineers' jurisdictional wetlands are proposed, and a Section 404 Nationwide Permit or a Letter of Permission from the U.S. Army Corps of Engineers has been obtained d- e. Page 253 1560.031 \84376.22 Subchapter 7: Development Standards 4.Expiration The ESA review shall expire when the final plat for residential development approval expires, or when the site plan approval for a nonresidential development expires. 5.Credit Any ESA that is preserved may be used towards meeting: a. Drainage standards in accordance with Section 7.5: Drainage. B.ESAs Field Assessments ESA field assessments provide a mechanism for the city to confirm the presence of ESAs and shal be conducted pursuant to Subsection 2.10.14: Environmental SensItive Areas (ESAs) Field Assessments. C, Alternative ESA Plans The Alternative ESA Plan provides the option to address the regulations through a flexible discretionary process using the procedure established in Subsection 2.16.4: Alternative Environmentatty Sensitive Area (ESA) Plan. 7.4.5 Official Map A. B. Environmentally Sensitive Areas (ESA) Map The ESAs Map is the official map that identifies areas designated as ESAs. ESAs Map Amendments The ESAs Map may be updated administratively when an ESA field assessment is conducted for a property and approved by the Director, pursuant to Section 2.10.14: Environmental Sensitive Areas (ESAs) Field Assessments 2.The ESAs map may be updated administratively when the FEMA 1% Annual Chance Flood Zones are revised or amended. 3.Substantial amendments of the ESAs Map shall follow the zoning map amendment procedure. "Substantial amendment" is defined as a change impacting the whole city, excepting changes caused by the publication of new flood insurance rate maps (FIRMs) by FEMA C. Text Applicability The text of this section describes and regulates the protected ESAs shown on the City's ESAs Map. In the case of any discrepancy, the text of this section shall control. 7.4.6 Floodplain Development ESAs Upon field verification, areas designated as FEMA 1% Annual Chance Floodplain would be classified according to the existing conditions as developed or undeveloped floodplains. A.Developed Floodplain Development within the developed floodplains shall comply with Section 7.5: Drainage. 2.Section 7.4.7: RiparIan Buffer and Water-Related Habitat , applies when riparian buffers and water-related habitats are nested, partially or wholly, inside developed floodplain ESAs. Gas well drilling and production within developed floodplains shall comply with Subchapter 6: Gas Wells 3. Page 254 1560.03 1 \84376.22 Subchapter 7: Development Standards B.Undeveloped Floodplain Permitted Uses and Activities The following permitted uses and activities are allowed, when in compliance with Section 7.5: Drainage; and Subpart B, Chapter 30, of the Municipal Code of Ordinances: a. The planting of any new trees or vegetation. Restoration or enhancement of floodplains, riparian buffers, water related habitats, upland habitats, wetlands and streams as required by federal and state standards. The placement of public or private utility facilities, such as sewer, storm water, water, electricity, gas, or other utilities, as long as the disturbed area is restored to minimized erosion and promote the recovery of the ESAs, and when adequately flood-proofed. Measures to remove or abate nuisances, the removal of invasive plant species, or any other violation of federal, state, or local law, with the approval of the Department of Environmental Services. e. f. g. h. Parking lots, subject to the limitations on fill as specified in paragraph 7.4.6B.3, and constructed of pervious materials as provided in the Transportation Criteria Manual. Parks, open space, recreational uses, trails, walkways and bike paths. Storm water quality controls. Construction of roadways identified on the Mobility Plan, as long as the disturbed areas are restored to minimize erosion and promote the recovery of the ESA subject to the Director of Environmental Services approval. Routine repair and maintenance of existing structures, roadways, driveways, utilities, and accessory uses. Agricultural activity permitted through Nationwide Permit 40 (NWP 40); Agricultural Activities pursuant Section 404 of the Clean Water Act; or any other federal permits. Any action taken by federal, state, or local officials in an emergency to mitigate an existing or potential hazard. The construction of a private driveway, as long as the disturbed areas are restored to minimize erosion and to promote the recovery of the ESA, subject to the Director of Environmental Services approval. Gas well drilling and production that complies with Subchapter 6: Gas Wells. Fill activities subject to the limitations of paragraph 7.4.6B.3. Culverts and bridges, as long as the disturbed areas are restored to minimize erosion and to promote the recovery of the ESA, subject to the Director of Environmental Services approval. Culverts and bridges are exempt from the limitations of paragraph 7.4.6B.3 i. J. k. 1. m. n. 0. 2 Prohibited Uses and Activities a.Placement, handling, processing, or storage of hazardous waste. Hazardous waste and solid waste landfills.b. C.Land-disturbing activity not authorized by a U.S. Army Corps of Engineers Section 404 Permit or Letter of Permission. d.Any new structures or additions, including garages and carports, and storage sheds located within the area mapped as undeveloped floodplain. Page 255 1560.031 \ 84376.22 Subchapter 7: Development Standards Tree and understory vegetation removal, except as allowed by Subsection 7.5.3J: Floodways and Improvements. Septic tanks, septic tank drain fields, and other forms of on-site wastewater treatment. 3.Standards for Fill in Undeveloped Floodplains Filling of any floodplain of a stream that drains more than one square mile is prohibited unless the fill on any lot is less than 50 cubic yards or 300 cubic feet per acre, whichever is greater. a Up to 15 percent of the floodplain valley storage may be filled if the stream drains less than one square mile. C.In addition to meeting the requirement for fill set above, all fill activities in the undeveloped floodplain shall comply with the Environmental Sensitive Area Criteria Manual; Section 7.5: DraInage,' and federal law. 7.4.7 Riparian Buffer and Water-Related Habitat ESAs The following subsection defines permitted and prohibited uses and activities within riparian buffers and water-related habitats. In areas where multiple types of ESAs overlap, the standards, permissions, and prohibitions specified for those other types of ESAs, as outlined in this subsection, shall also apply. A.Permitted Uses and Activities Placement of private residential yard amenities, including but not limited to: gardens; yards; trails; and clearings; that would result in disturbing up to 10 percent of the area, but in no instance shall the protective buffer width be decreased below 25 feet, measured each direction from the centerline of the existing channel or the outer edge of surface water bodies. No disturbance is permitted in delineated wetlands. 2.Riparian buffers nested, partially or wholly, inside developed floodplains may be disturbed up to 10 percent of the riparian buffer area, but in no instance shall the protective buffer width be decreased below 25 feet, measured each direction from the centerline of the existing channel, or from the outer edge of surface water bodies. No disturbance is permitted in delineated wetlands. Repair, replacement, or improvement of public utility facilities where the disturbed portion of the ESA is restored, and vegetation listed as invasive is removed and replaced with vegetation from the City Native Plant List in the Site Design Criteria Manual. 3. 4.Additions, alterations, rehabilitation, or replacement of existing structures that do not increase the existing structural footprint in the riparian buffer or water related habitat. Any disturbed areas must be restored using native vegetative cover. 5.Stream, wetland, riparian, and upland enhancement or restoration projects. Agricultural activity, including buildings and structures, permitted through Nationwide Permit 40 (NWP 40), Agricultural Activities pursuant to Section 404 of the Clean Water Act 6. or any other federal permits. 7.Routine repair and maintenance of existing structures, roadways, driveways, utility facilities, accessory uses, and other development. Construction of roadways identified on the City Mobility Plan, as long as the disturbed areas are restored to minimize erosion and promote the recovery of the ESA, and subject to the Department of Environmental Services approval. 8. Page 256 1560,031 \84376.22 Subchapter 7: Development Standards Measures to remove or abate nuisances, or any other violation of state statute, administrative rule, or the Municipal Code of Ordinances. 10,Any action taken by the city in an emergency to mitigate an existing or potential hazard. Gas well drilling and production within riparian buffers and water-related habitats shall comply with Subchapter 6: Gas Wells. 11. 12.Placement of trails as long as the disturbed portion of the ESA is restored to minimize erosion and to promote the recovery of the ESA, vegetation listed as invasive is removed and replaced with vegetation from the City Native Plant List, and subject to the Department of Environmental Services approval. In no instance shall the protective buffer width be decreased below 25 feet, measured each direction from the centerline of the existing channel or the outer edge of surface water bodies. No disturbance is permitted in delineated wetlands. 13.Culverts and bridges, as long as the disturbed areas are restored to minimize erosion and to promote the recovery of the ESA, vegetation listed as invasive is removed and replaced with vegetation from the City Native Plant List, and subject to the Department of Environmental Services approval. Culverts and bridges are exempt from the limitations of paragraph 7.4.6B.3. B.Prohibited Uses and Activities The following uses and activities are not allowed in riparian buffers and water related habitats: Land-disturbing activity not authorized by a U.S. Army Corps of Engineers, Section 404 Permit Letter of Permission; 1 2.Tree and understory vegetation removal, except as allowed by Subsection 7.5.3J: Ftoodways and Improvements; 3.Placement, handling, processing, or storage of hazardous waste; Any structures, including storage sheds, garages, and carports; and Septic tanks, septic tank drain fields, and other forms of on-site wastewater treatment. 4. 5. 7.4,8 Cross Timbers Upland Habitat ESAs The following subsection defines permitted and prohibited uses and activities within upland habitat areas. In areas where multiple types of ESAs overlap, the standards, permissions, and prohibitions specified for those other types of ESAs, as outlined in this subsection, shall also apply. A.Permitted Uses and Activities 1.Preservation of Cross Timbers upland habitats must result in contiguous forested areas that shall remain predominantly in their natural state. Preservation of upland habitats contiguous to forested areas on adjacent properties is strongly encouraged. Trees removed shall be considered part of the development impact area of a site and will be subject to tree preservation and landscape requirements. 2.Development shall be designed to retain a percentage of the area defined as upland habitat as set forth under Section 7.4.8.C, which shall remain predominantly in its natural state. Preservation of upland habitat contiguous to forested areas on adjacent properties or parcels is strongly encouraged. Trees removed shall be considered part of the development impact area of a site and will be subject to tree preservation and landscape requirements. 3 Selective pruning conducted by or under the supervision of an International Society of Arboriculture (ISA) certified arborist is allowed to remove up to one-quarter of the Page 257 1560.031 \84376.22 Subchapter 7: Development Standards preserved canopy area for the purposes of tree health, subject to the approval of the Environmental Services Department. Enhancement or restoration projects, as approved by the Department of Environmental Services. Trees planted as part of an approved enhancement or restoration project may be credited against required replacement in Section 7.7: Landscaping, ScreenIng, Buffering, and Fences. Parks, open space, and passive recreational uses, that include trails, walkways, and bike paths. All trails, walkways and bike paths within a Cross Timbers upland habitat shall be in a natural state and pervious. B. C- Prohibited Uses and Activities Septic tanks, septic tank drain fields, and other forms of on-site wastewater treatment are prohibited in areas set aside for required preservation. Cross Timbers Upland Habitat Area to be Retained The following minimum percentage of the areas identified on the Cross Timber ESA Illustration attached as Exhibit F shall be maintained as Cross Timbers upland habitat: a. b, C. d. Area A – 41 percent Area B – 70 percent Area C (Pilot Knob) – 74 percent Area D – 100 percent 7.4.9 Development Clustering Development clustering is encouraged to minimize impact to the natural environment. Clustering shall be designed to maintain a contiguous forested area and shall comply with Section 8.3.4, Cluster SubdivisIons. 7.4.10 Development Impact Area A. B. If an Alternative ESA Plan is approved, any areas of the ESA in which encroachment is permitted are considered part of the development impact area of a site and are subject to tree preservation and landscape requirements. Areas of ESA that are to be left undisturbed will be excluded from the development impact area. Additionally, areas restored or provided as mitigation as part of an approved Alternative ESA Plan will be excluded from the development impact area. Drainage 7.5.1 Purpose This section establishes standards that regulate drainage on property located within the city, in order to: A. Protect human life, health, and property; B. Minimize the expenditure of public monies for costly flood control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the public; Page 258 1 560,03 1 \84376.22 Exhibit F ESA Map Sdrool sites Blown on this plan are plonneI, but not nquired. IbId unbdying okhool8ilq shwn dI his plan may 6 -dwejl in aa£ordurn ;ith Itu-MPC Old Urn zoning district reoulatioru L8q8uJ ESA Fk)odfiah ESA Stream Bull•lm'8'''""'‘ + bop 288 +Pared 7 IrB r Al Mr Bba LaB@ =AIN - ManI Use Ndghbuhood =MR - Mnd Un Regiond aDr BIA #esF!!,9.F Environmentally Sensitive Area Map Hunter Ranch Page 447 1560.03 1 \84376.22 Appendix D - Landmark Projected ESA Impact Locations and Table XJdrVWVS3 UH\VWVS3 UHWB8 uIB&wwXnls AUg we©axy6slaQH AUr-wont••nw„,y-,•t„.tfm8bu&aa:no ,9,d > 'E 10LL a) B)C tBa -0/Ca)a E3Ba)E > g B rca)IF -? 3 He3 on g in ca(9 la0aaaJO£a)aZ a)trID la4)X > >b E 10LL a) a)C tB > r)Ca)aEa) I & QC 10Za)la a/a)tY >b E 10LL a)a)C tB ii &10C0a)a) DC a)thD laa)X > acS e a) E a) cd LU e0 R ? a)i‘aO I:+ + + V +SI riMla 10a gVI 10 CD >,la0 aD i) glaa a)a)a)I Z = COre < cr) LU • + sH ; \K+1 // FT I I V E E '1 E Q < Z 8 j II EL! IE &{*Wb@ i <trILU a rg :: lg {} : ;:; a IEaa Ual IBa 7) laatB I ac 3 a'JE 103 O g H a dETi cB ii Fc QE EL E $ T &Ia IP <<i 6aQ D gIs 1IT §lg gI- i g IE g gl 2: <! IacB reE E th3 Projected ESA Impacts by Type and Location 3 ESA Impact Studied Floodplain Impact 0 0.800 0 0.71 0.81 0.92 2.07 1.12 0.67 0.123 1.50 0 0 0 0 1.24 0 0 2.33 0.03 0.04 0.10 0.11 0.04 0.20 0.04 0.06 0 0.02 0.03 0.04 0.09 0.18 0.04 0.15 0.09 0.11 0.12 0.11 0.19 0.187 0.246 0 0.07 Impact No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 17 11 18 1 1 19 11 20 11 21 1 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Type of Impact Road Crossing1 Road Crossing1 Road Crossing1 Road Crossing1 Road Crossing1 Road Crossing1 Road Crossing1 Crossing - Mobility Crossing - Mobility Crossing - Mobility Crossing - MobilityRim= Crossing - Mobility Road Crossing1 Road Crossing1 Crossing - Mobility Road CrB= Road== Crossing - Mobility Outfall Outfall Outfall Outfall Outfall Outfall Outfall Outfa ll Outfall Outfall Outfall Outfall Outfall Outfall Outfall Outfall Outfa ll Outfall Outfall Outfall Outfall Outfall Outfall Outfall Outfa ll WRH ESA Impact 0.07 0 0.02 0 0.0004 0.02 0 0 0 0.40 0.02 I o.06 1 o I o.06 0.19 0 0.007 0 0.09 0 0 0 0 0.02 0 0 0.02 0 0 0.001 0 0 0 0 0 0 0.02 0.02 0.02 0 0 0.02 0 0 0.002 0 Total ESA Impact 0.58 1.55 0.80 1.35 1.81 1.54 3.91 2.17 1.16 0.52 2.52 0.06 0.52I o.39 0.38 2.01 0.33 0.58 1 3.97 0.11 0.09 0.13 0.20 0.09 0.22 0.11 0.13 0.08 0.10 0.11 0.11 0.17 0.34 0.12 0.17 0.11 0.13 0.21 0.19 0.23 0.27 0.32 0.08 0.15 0.51 0.75 0.78 0.64 1.00 0.61 Plan 2 Plan 2 Plan 2 Plan 2 Plan 2 1.84 Road Road Road Road Road 1.05 0.49 0 0.99 0 = 1-- 0.33 0.39 Plan 2 { 4 1 1 1 0.38 Road Road 0.77 0.25 0.58 1.64 0.08 0.05 0.02 0.09 0.05 0 0.07 0.08 0.08 0.08 0.08 0.08 0.08 0.16 0.08 0 0 0 0.09 0.08 0.02 0.08 0.08 0.08 0.08 11/19/2024 Page 1 Projected ESA Impacts by Type and Location r ESA Impact 0.09 WRH ESA Impact 0 0 0.02 0.00 0 0 0 0 0.07 0.46 0 0.0001 0 0 0 0 0 0 1 0 1 0 1 0 0 0.08 0 0 0 0 0 0 0 0 0 0 0.23 0 1.22 1.46 Stldied Floodplain Impact 0.09 0.14 0.08 0.07 0.73 0.14 0 0.02 1.37 1.85 0.95 3.34 0.0005 0.03 0 0.0002 0.0004 0 0.30 0.09 0.27 1 0.32 1 0.42 1.95 0.16 0.86 0.08 0.14 0.03 0.04 0.83 0.90 0 0 0 22.38 26.86 Total ESA Impact 0.18 0.22 0.13 0.21 0.90 0.28 0.08 0.10 2.52 3.01 2.14 4.63 0.00 0.07 0.003 0.00 0.0009I o.0707 0.30 0.13I o.32 0.42 2.14 0.16I o.86 0.12 0.25 0.03 0.07 0.83 0.93 0.00 0.23 1.81 40.40 48.47 Impact 1 45 1 Outfall I 46 47 48 491 50 1 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 No.Type of Impact Outfall Outfall Outfall Outfall Outfa ll Outfall Outfall Outfall 0.08 0.03 0.14 0.17 0.15 0.08 0.08 On-Channel Detention Berm On-Channel Detention Berm On-Channel Detention Berm On-Channel Detention Berm Off-Channel Detention Pond Off-Channel Detention Pond Off-Channel Detention Pond Off-Channel Detention Pond Off-Channel Detention Pond Floodplain Reclamation Floodplain Reclamation Floodplain Reclamation Floodplain Reclamation Floodplain Reclamation Floodplain Reclamation I Floodplain Reclamation Floodplain Reclamation I Floodplain Reclamation I Floodplain Reclamation Floodplain Reclamation Floodplain Reclamation Floodplain Reclamation Floodplain Reclamation Floodplain Reclamation Commercial Lot Development Commercial Lot Development Total ESA Impact: 1.08 0.71 1.19 1.28 0.001 0.03 0.003 0 0.0004 0.071 0 0.04I o.05 1 I o.02 1 0.191 o I 0 0.04 0.11 0 0.03 0 0.03 0.0005 0 1.81 16.80 Total ESA Impact, Plus 20% Contingency:20.16 1- Culverts and bridge structures were excluded from the projected ESA impacts for non City of Denton Mobility Plan road crossings. 2 - Assuming no ESA mitigation for road crossings that correspond with the City of Denton Mobility Plan. 11/19/2024 Page 2 Description of 4 Mitigation Tracts BEING four tracts of land situated in the G. W, Pettingale Survey, Abstract Number 1041, Denton County, Texas, being portions of the tract (Tract 1) of land described by deed to HR 3200, L.P., recorded in Instrument Number 2021-229059, Real Property Records, Denton County, Texas, and being more particularly described by macs and bounds as follows : TRACT 1 93.852 ACRES BEGINNING at the northwest corner of said HR 3200 tract, being the southwest corner of that tract (Tract 2) of land described by deed to The Cole Ranch Company, L.P., recorded in Instrument Number 2020-131145, said Real Property Records, and being in the east line of that tract of land described by deed to Robson Denton Development, L.P., recorded in Instrument Number 99-R0067253, said Real Property Records; THENCE N 89'47’15“E, 1188.15 feet, with the north line of said HR 3200 tract and the south line of said Tract 2; THENCE departing said common line, over and across said HR 3200 trat the following courses and distances: S 00'’08’32”E, 348.26 feet; N 89'’53’57“E, 500.15 feet; N 00'’06’03”W, 349.23 feet, to the aforementioned common line; THENCE N 89'’47’15”E, 534.00 feet, with said common line; THENCE departing said common line, over and across said HR 3200 trat the following courses and distances: S 00'’02’29”E, 364.07 feet; S 57'’46’16“E, 141.61 feet; S 38a03’07”E, 635.16 feet; S 87'’34’24”E, 117.52 feet; S 00'’00’58”E, 1171.48 feet; S 03'’13’26”E, 17.53 feet; S 19'’15’44”W, 40.56 feet; S 62'’57’00”W, 52.06 feet; Peloton Job No. HWR18008 backing No. ACF# 8893 Denton Exhibit Only October 03, 2024 G:\JOB\HWR18008_HUNTER_RANCH\MASTER DEV\ SURVEY\EXHIBITS\LEGALS\HWR18008 EX6.DOCX Page 1 of 13 S 87'’41’35”W, 54.33 feet; N 64'’58’48”W, 66.04 feet; N 18'’47’16”W, 53.49 feet; N 84'47’19”W, 185.58 feet; N 79'’13’37”W, 116.15 feet; N 68'’15’32”W, 82.83 feet; S 33'14’56”W, 58.64 feet; S 25'’45’45”E, 54.81 feet; S 04'’56’05”W, 64.85 feet; S 15'’22’21”E, 65.23 feet; S 07'16’25”E, 51.91 feet; S 00c’31’56”W, 63.81 feet; N 78'’54’23”E, 80.03 feet; S 51'58’12”E, 65.32 feet; S 38'’54’21”E, 122.38 feet; S 00'>23’07”W, 135.20 feet; S 89'’36’53”E, 16.33 feet; S 05'’36’14”E, 33.03 feet; S 08'’47’28”W, 51.95 feet; S 17'’55’10”E, 38.13 feet; S 14'’39’34”E, 93.03 feet; S 41c’53’28”E, 16.83 feet; S 14'’41 ’22”E, 28.84 feet; S 00'’13’06”W, 112.55 feet; Peloton Job No. HWR 18008 backing No. ACF# 8893 Denton Exhibit Only abba 03, 2024 G:\JOB\HWR18008 HUNTER_RANCH\MASTER DEV\_SURVEY\EXHIBITS\LEGALS\HWR18008_EX6.DOCX Page 2 of 13 S by-54’35“E, 2-/9.56 leet; S 27'’12’26“E, 50.31 feet; S 00'’56’52”W, 82.49 feet; S 51'’38’ 11”E, 42.44 feet; S 33'’42’51“E, 141.37 feet; S 22'’43’57”E, 51.19 feet; S 06c>24’ 14”E, 30.81 feet; S 06'’39’ 14“W, 75.83 feet; S 58'’13’50”W, 32.37 feet; N 87'’38’34”W, 63.93 feet, to the beginning of a non-tangent curve to the right; With said non-tangent curve to the right, an arc distance of 125.06 feet, through a central angle of 143'’33’32”, having a radius of 49.91 feet, the long chord which bears S 44'’30’06”W, 94.82 feet; N 63'’43 ’08”W, 126.05 feet; N 45'’40’17”W, 94.79 feet; N 01'’43’25“E, 114.77 feet; N 62'’10’28”W, 23.06 feet; S 89'’32’02”W, 53.69 feet, to the beginning of a non-tangent curve to the right; With said non-tangent curve to the right, an arc distance of 104.85 feet, through a central angle of 61'’17’43“, having a radius of 98.01 feet, the long chord which bears S 51'’05’36“W, 99.92 feet; S 78'’55’16”W, 78.64 feet, to the beginning of a curve to the right; With said curve to the right, an arc distance of 47.29 feet, through a central angle of 52'’51 ’43”, having a radius of 51.26 feet, the long chord which bears N 74'’38’53“W, 45.63 feet; N 48'’13’01”W, 36.54 feet; N 30'’02’59”W, 22.91 feet, to the beginning of a curve to the right; Peloton Job No. HWR 18008 backing No. ACF# 8893 Denton Exhibit Only October 03, 2024 G:\JOB\HWR18008_HUNTER_RANCH\MASTER DEV\ SURVEY\EXHIBITS\LEGALS\HWR18008_EX6.DOCX Page 3 of 1 3 With said curve to the right, an arc distance of 1 19.93 feet, through a central angle of 76'’22’11”, having a radius of 89.98 feet, the long chord which bears N 08c>08’06”E, 111.25 feet; N 46'’19’11”E, 27.44 feet; N 33'’39’39“W, 113.68 feet; N 25'’05’03”W, 186.87 feet; N 05'’40’20”E, 36.57 feet; N 29'’18’40”W, 141.96 feet; N 56'11 ’05”W, 86.03 feet; N 68'’28’22”W, 43.25 feet; N 41'’37’43”W, 84.97 feet, to the beginning of a curve to the right; With said curve to the right, an arc distance of 68.84 feet, through a central angle of 59'’29’29”, having a radius of 66.29 feet, the long chord which bears N 16Q10’55”W, 65.78 feet; N 14'’52’08”E, 120.55 feet; S 62'’36’07”W, 48.16 feet; N 75'’39’02”W, 54.17 feet; N 36'’45’10”W, 116.25 feet; S 78'’37’ 12”W, 48.68 feet; N 80'’32’22”W, 42.97 feet; N 34'’00’39”W, 42.99 feet; N 04'’38’23”W, 180.38 feet; N 53'’3 1’06”E, 55.29 feet; N 11'’37’48”W, 179.22 feet; N 19'’08’57”W, 120.76 feet; N 36'’44’37”W, 102.35 feet; Peloton Job No. HWR18008 backing No. ACF# 8893 Denton Exhibit C)nb Utober 03, 2024 G:UOB\HWR18008 HUNTER RAN(_'H\MASTER DEV\_SURVEY\EXHIBIFS\LEGALS\HWR18008_EX6.DOCX Page 4 of 13 N 27'’17’51”W, 217.39 feet; N 20c’13’29“W, 89.92 feet; N 33'’29’54”W, 172.22 feet; S 71 '’00’45”W, 42.39 feet; S 04Q25’15”E, 76.61 feet; S 38'’39’56”W, 179.40 feet; S 70'’20’ 17“W, 52.12 feet, to the north line of a preliminary road crossing location; N 17c>27’08”W, 25.42 feet, with said north line; N 43'’26’ 18“W, 145.13 feet, continuing with said north line; N 40'’12’58”W, 373.30 feet, continuing with said north line; N 40'>37’20”E, 145.46 feet, departing said north line; N 27'’35’24“E, 107.90 feet; N 22'’40’52”E, 105.30 feet; N 66'’24’05”W, 120.25 feet; N 29'’30’59“E, 63.09 feet; N 09'’32’53”E, 37.94 feet; S 86'’51’27”W, 46.31 feet; N 72'’3 1 ’42“W, 76.48 feet; N 67'’38’54”W, 67.79 feet; N 88c>19’23”W, 52.58 feet; N 67'’21 ’45”W, 156.09 feet; N 43'’58’11“W, 32.13 feet; S 82'’15’57”W, 64.00 feet; S 37Q34’06”W, 37.13 feet; Peloton Job No. HWR18008 backing No. ACF# 8893 Denton Exhibit Only October 03, 2024 G:\JOB\HWRI 8008_HUNTER_RANCHWtASTER DEV\ SURVEY\EXHBITS\LEGALS\HWR18008_EX6.DOCX Page 5 of 1 3 S 50'’48’40”W, 27.32 feet; N 81'’26’03”W, 43.48 feet; N 36'39’59”E, 52.98 feet; N 40'’57’12“W, 25.11 feet; N 81'’13’10”W, 32.31 feet; N 24'’3 1’26“W, 58.57 feet; N 89'’29’57”W, 66.81 feet; S 68'’17’ 19”W, 24.12 feet; S 87'57’51”W, 53.72 feet, to the beginning of a non-tangent curve to the right; With said non-tangent curve to the right, an arc distance of 81.16 feet, through a central angle of 93'>09’01”, having a radius of 49.92 feet, the long chord which bears S 89'35’00”W, 72.51 feet; S 58'’41 ’22”W, 24.99 feet; N 89'54’47”W, 78.98 feet; S 67'’23’24”W, 21.34 feet; S 88'’42’32”W. 48.99 feet. to the west line of said HR 3200 tract and the aforementioned east line of said Robson Denton Development tract; THENCE N 00'’07’39”E, 178.68 feet, with said common line; THENCE N 46'’41 ’45”E, 116.36 feet, departing said common line, over and across said HR 3200 tract; N 19'19’58”W, 71.83 feet; S 48'’10’33”W, 81.45 feet, to the aforementioned common line; THENCE N 00'’07’39”E, 248.81 feet, with said common line to the Point of Beginning and containing 4,088,191 square feet or 93.852 acres of land more or less. Peloton Job No. HWR18008 backing No. ACF# 8893 Denton Exhibit Onb October 03, 2024 G:\JOB\HWR18008 HUNTER RANCH\MASTER DEV\_SURVEY\EXHIBITS\LEGALS\HWR18008_EX6.DOCX Page 6 of 13 TRACT 2 13.455 ACRES COMMENCING at a southeasterly corner of said HR 3200 tract, being an eII corner in the east line of that tract of land described by deed to Robson Denton Development, L.P., recorded in Instrument Number 99-R0067253, said Real Property Records: THENCE N 00'’07’39“E, 732.53 feet, with the west line of said HR 3200 tract and said east line; THENCE S89'’52’21“E, 443.64 feet, departing said common line, over and across said HR 3200 tract, to the POINT OF BEGINNING, the beginning of a non-tangent curve to the right; THENCE over and across said HR 3200 tract the following courses and distances: With said non-tangent curve to the right, an arc distance of 56.39 feet, through a central angle of 46'’24’02”, having a radius of 69.63 feet, the long chord which bears N 62'’42’52“E, 54.86 feet; N 07'’18’33”E, 35.18 feet; N 33'’57’39”W, 78.66 feet; N 05'’51 ’06“W, 22.92 feet; N 35a47’01”W, 75.36 feet; N 60'’51 ’27”W, 50.46 feet; N 28'’36’ 13“W, 3 1.67 feet; N 18'’09’00”W, 26.18 feet; N 01'’55’49”W, 171.04 feet; N 06'’57’27“W, 155.86 feet; N 08'’59’54“E, 25.12 feet; N 28'’28’05”E, 52.89 feet; N 40'’48 ’59”W, 229.12 feet; N 28'’46’20”E, 216.89 feet; N 89'’27’56“E, 96.40 feet; N 14'’52’35“E, 120.66 feet; Peloton Job No. HWR 18008 backing No. ACF# 8893 Denton Exhibit Only October 03, 2024 G:\JOB\HWR 18008_HUNTER_RANCH\MASTER DEV\ SURVEY\EXHIBITS\LEGALS\HWR18008_EX6.DOCX Page 7 of 1 3 N 47'59’29”W, 67.55 feet; N 17c’29’43”W, 70.71 feet, to the east line of a preliminary road crossing location; N 20'57’17”E, 60.12 feet, with said east line; N 08'’08’18”E, 144.55 feet, continuing with said east line; S 60c’02’59”E, 41.48 feet, departing said east line; S 56'’10’01”E, 118.18 feet, to the beginning of a curve to the right; With said curve to the right, an arc distance of 60.56 feet, through a central angle of 50'27’35“, having a radius of 68.76 feet, the long chord which bears S 35'’29’05”E, 58.62 feet; S 38'’29’27”E, 25.40 feet; S 80'’55’32”E, 29.21 feet; N 49'39’II”E, 22.10 feet; N 10'32’22”E, 38.49 feet; N 16'’47’22”W, 15.50 feet; N 57'’55’56”W, 71.39 feet; N 25'’13’26“W, 48.42 feet; N 05'27’29”W, 25.45 feet, to the beginning of a curve to the right; With said curve to the right, an arc distance of 66. 11 feet, through a central angle of 59'54’20”, having a radius of 63.23 feet, the long chord which bears N 24'>29’41”E, 63.14 feet; N 54c’26’50”E, 71.75 feet; N 69'’09’45”E, 19.92 feet; N 23'’57’48”E, 116.25 feet, to the beginning of a non-tangent curve to the right; With said non-tangent curve to the right, an arc distance of 90.73 feet, through a central angle of 48'’19’45”, having a radius of 107.57 feet, the long chord which bears NI1'’10’40”E, 88.07 feet; N 35'’20’33”E, 26.04 feet; Peloton Job No. HWR18008 backing No. ACF# 8893 Denton Exhibit Only October 03, 2024 G:UOB\HWRI 8008_HUNTER_RANCH\MASTER DEV\_SURVEY\EXHIBITS\LEGALS\HWR18008_EX6.DOCX Page 8 of 13 N 51'’57’27”E, 36.33 feet; N 63'’02’19”E, 27.50 feet, to the beginning of a curve to the right; With said curve to the right, an arc distance of 83.63 feet, through a central angle of 64'’05’17”, having a radius of 74.77 feet, the long chord which bears S 84'’55’03“E, 79.34 feet, to the south line of a preliminary road crossing location; S 52'’52’25”E, 179.83 feet, with said north line; S 41'’33’35”E, 217.08 feet, continuing with said north line; S 64'’35’32”W, 88.05 feet, departing said north line; S 25'’13’18”W, 78.98 feet; S 06'>41’53“W, 50.22 feet; S 51'’28’27”W, 48.66 feet; S 76'’59’49”W, 24.16 feet; S 47'’27’37”W, 212.36 feet; S 83'’24’ 19“W, 62.95 feet; N 64'’13’33“W, 38.15 feet; S 40'’13’59”W, 42.41 feet; S 01'’14’19”W, 136.38 feet; S 39'’14’53”W, 141.44 feet; S 03'’24’45”E, 88.76 feet; S 17'’02’55”W, 87.24 feet; S 23'’19’24”W, 227.38 feet; S 12'’27’04”E, 157.30 feet; S 19'’48’03“E, 212.12 feet; S 17'’23 ’20“E, 229.70 feet; S 19'’34’01“W, 148.69 feet, to the beginning of a non-tangent curve to the right; Peloton Job No. HWR 18008 backing No. ACF# 8893 Denton Exhibit Only October 03, 2024 G:\JOB\HWR18008_HUNTER_RANCH\MASTER DEV\ SURVEY\EXHIBITS\LEGALS\HWR18008_EX6.DOCX Page 9 of 1 3 With said non-tangent curve to the right, an arc distance of 83.76 feet, through a central angle of 66'05’42”, having a radius of 72.61 feet, the long chord which bears S 08'32’28”W, 79.19 feet, to the north line of a preliminary road crossing location; THENCE N 51c’52’54”W, 59.85 feet, with said north line; THENCE N 31'10’12”W, 202.60 feet, continuing with said north line to the Point of Beginning and containing 586,091 square feet or 13.455 acres of land more or less. TRACT 3 3.709 ACRES COMMENCING at a southeasterly corner of said HR 3200 tract, being an ell corner in the east line of that tract of land described by deed to Robson Denton Development, L.P., recorded in Instrument Number 99-R0067253, said Real Property Records: THENCE N 00'’07’39”E, 264.64 feet, with the west line of said HR 3200 tract and said east line to the POINT OF BEGINNING; THENCE N 00'07’39”E, 108.56 feet, continuing with said common line; THENCE departing said common line over and across said HR 3200 tract the following courses and distances : N 52'’21’16”E, 12.75 feet, to the beginning of a curve to the right; With said curve to the right, an arc distance of 37.98 feet, through a central angle of 31'’39’28, having a radius of 68.73 feet, the long chord which bears N 71 '’21’10”E, 37.50 feet S 00'’05’31“E, 85.82 feet; N 85'36’16”E, 326.61 feet; N 04'’23’51“W, 57.98 feet; N 36'40’50”E, 100.25 feet; N 15'’18’46”W, 57.48 feet; N 04'’26’56”W, 108.94 feet; N 19'’48’24”E, 50.30 feet, to the south line of a preliminary road crossing location; S 30'16’26”E, 166.31 feet, with said south line; S 45'’36’46”E, 120.92 feet, continuing with said south line; Peloton Job No. HWR18008 backing No. ACF# 8893 Denton Exhibit Only October 03, 2024 G:VOB\HWRI 8008_HUNTER_RANCH\MASTER DEv\_suRVEY\EXHiBrrs\LEGALs\HWRI 8008_EX6.DOCX Page 10 of 1 3 S 12'>20’29”W, 175.14 feet, departing said south line; S 37'’23’12”E, 35.53 feet; S 16'’55’58”E, 65.91 feet; S 08'’20’43“W, 50.92 feet; S 41'’21’35”W, 138.43 feet; THENCE S 64'’42’00“W, 83.87 feet, to the south line of said HR 3200 tract, being the aforementioned east line of said Robson Denton Development tract; THENCE S 89'’51’22”W, 169.41 feet, with said common line to the beginning of a non-tangent curve to the right; THENCE departing said common line over and across said HR 3200 tract the following courses and distances: With said non-tangent curve to the right, an arc distance of 82.06 feet, through a central angle of 67'’17’19”, having a radius of 69.87 feet, the long chord which bears N 29'’41 ’34”E, 77.42 feet; N 28'’37’36”W, 121.46 feet; N 10'’15’04”W, 73.33 feet; S 77'’57’ 11”W, 47.31 feet; N 81'>16’17”W, 43.53 feet; N 74')21 ’44”W, 96.83 feet; THENCE S 82'’01’01”W, 34.90 feet to the Point of Beginning and containing 161,568 square feet or 3.709 acres of land more or less. TRACT 4 1.723 ACRES COMMENCING at the northwest corner of said HR 3200 tract, being the southwest corner of that tract (Tract 2) of land described by deed to The Cole Ranch Company, L.P., recorded in Instrument Number 2020-131145, said Real Property Records, and being in the east line of that tract of land described by deed to Robson Denton Development, L.P., recorded in Instrument Number 99-R0067253, said Real Property Records; THENCE S 00'’07’39”W, 1636.17 feet. with the west line of said HR 3200 tract and the east line of said Robson Denton Development tract to the POINT OF BEGINNING; Peloton Job No. HWR18008 backing No. ACF# 8893 Denton Exhibit Only October 03, 2024 G:WOB\HWR18008 HUNTER RANCH\MASTER DEV\ SURVEY\EXHEBITS\LEGALS\HWR18008_EX6.DOCX Page 11 of 13 THENCE departing said common line over and across said HR 3200 tract the following bearings and distances: S 89'’06’18”E, 340.25 feet, to the west line of a preliminary road crossing location; S 14'’41’14”W, 102.39 feet, with said west line; S 25'’43 ’32”W, 122.48 feet, continuing with said west line; S 59'’46’33”W, 88.49 feet, departing said west line; S 81'’50’06”W, 120.59 feet; N 38'’23’47”W, 60.26 feet; S 79c’21’29”W, 28.85 feet, to the west line of said HR 3200 tract, being the east line of said Robson Denton Development tract; THENCE N 00'’07’39”E, 234.47 feet, with said common line to the Point of Beginning and containing 75,058 square feet or 1.723 acres of land more or less. “Integral parts of this document“ 1. Description - 14 Pages 2. Exhibit "This document was prepared under 22 Texas Administrative Code 138.95(5), does not reflect the results of an on the ground suIvey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared 38 Peloton Job No. HWR18008 hacking No. ACF# 8893 Denton Exhibit OIly October 03, 2024 G:UOB\HWR18008 HUNTER RANCH\MASTER DEV\ suRVEY\EXHiBrrs\LEGALs\HWR18008 EX6.DOCX Page 12 of 13 "This document was prepared under 22 TAC 138 .33e t does not reflect the results of an on the ground survey + and is notto be used to convey or establish interests in real propertyexcept those rights and interests implied or establishedby the creation or reconfiguration of the boundary of thepolitical subdivision for which it was prepared . "r- cr) ! A 0 ! 0 600 1200 Point of Beginning Tract 1 GRAPHIC SCALE IN FEET “ Integral parts of this docurnent "1. Description – 14 Pages 2 . Exhibit Point of Commencing Tract 4 Approx Survey Line--–--–--–-LQ a)C ! ! Tract 1 93.852 Ac. + e S $: + 4 \ b\ HR 3200, L.P.Tract 1 Inst.# 2021-229059 R.P.R.D.C. T.Point of Beginning I Tract 4 1.723 Ac Ap_p_rox S_LLrvey _L_i ne I Point of Beginning ) )} Point of Beginning Tract 3 Tract 3 ,3.709 Ac I Approx Survey Line Point of Commencing Tract 2 & 3 + + q aD&vi • a \Exhibit of 4 Mitigation TractsWestwoodBeingsituated Tn the G . W. Pett T ngo le Survey g Denton County , TexasWesMood Professional Services, Inc. 9800 HILLWOOD PARKWAY. SUITE 250 TEXAS 76177 PH.# 817.562-3350 JOB # HWR18008 By: D. Freemon III!!IX1 BY: T. Bridges TDATE: 09-18-24 shRine Mm Exhibit D: Procedures for Tracking and Recording the Mitigation Area To track the proposed ESA disturbances and removal the applicant is proposing to maintain and retain a tracking system on a spreadsheet and a map that shall be shared with staff upon approval of each phase of development where ESA disturbances are proposed. The procedural steps, from approval to acceptance of the mitigation activity, shall follow these steps: 1. 2. 3. The applicant shall prepare an applicable plan for land disturbance (civil plans, grading permits, and other land clearing applications) that shows the limits of existing ESAs on or immediately adjacent to the subject land on grading, erosion control, and tree preservation plan exhibits. Land disturbances within affected ES As shall be identified and included in the Development Impact Area (DIA). Each ESA type shall be measured and calculated separately. ESA disturbances shall be categorized into temporary disturbances for the construction of permanent infrastructure, and permanent removal of ES As for the placement of permanent in#astructure. The number of acres, to the accuracy of one one-hundredths, shall be calculated. These amounts shall be recorded on a separate AES A exhibit and included with the applicable plan for land disturbance. Staff shall review the plans for land disturbance and confirm ESA disturbance calculations are complete and correct. In-situ restoration for temporary impacts: a. The AES A exhibit shall describe and depict a restoration plan for temporary disturbances. This restoration plan will be reflected in the final-stabilization plan with callouts and notes to restore the land following the restoration plan. A planting schedule shall be proposed on the AES A exhibit that follows the approved AES A Plan. Staff shall review and confirm the restoration plan is accurately described in the in accordance with the AESA Plan. Planting shall commence prior to acceptance of public infrastructure or prior to the issuance of the first building permit in the phase of development associated with the restoration activity, or during the next appropriate growing season with a date certain provided and upon written approval from the Director of Environmental Services and Sustainability. Acceptance of the in-situ restoration for the phase shall be performed as described in this Plan and upon confirmation the activity has met the conditions of this ordinance. b C d In-kind mitigation for permanent ESA removal: Land shall be selected for mitigation activity within the Mitigation Area and described and depicted on an AESA exhibit included with the land disturbing application. i. Mitigation Area establishment for any specific phase of development may not result in 1:1 of acres permanently removed; however, the final amount of in-kind restoration land shall result in a ratio of 1 acre of impact to each ESA type to 1 acre of mitigation for each ESA type across the remainder of the development. This final amount shall be included in the permission for land disturbance of ESA of the final phase of development. A tracking system shall be kept by the applicant and provided to staff by recording11 the information in a spreadsheet following the attached template in each corresponding and subsequent applicable land disturbing application. A planting plan shall be proposed on the AES A exhibit that follows the approved AES Ab Plan. Staff shall review and confirm the stabilization plan is accurately described in accordance with the AES A Plan. Planting shall commence prior acceptance of public infrastructure or prior to the issuance of the first building permit in the phase of development associated with the mitigation activity, or during the next appropriate growing season with a date certain provided and C upon written approval from the Director of Environmental Services and Sustainability. a 4 5 d.The Mitigation Area corresponding with each phase shall be recorded on a separate corresponding final plat. Both the final plat for the applicable phase of the Landmark development and the final plat for the portion of the Mitigation Area being proposed shall include notes to reference the corresponding final plat the activity as it relates to the phase of the development. The Mitigation Area final plat shall include notes to record the purpose of the Mitigation Area and provide private maintenance requirements of the Mitigation Area. Staff shall review and confirm the Mitigation Area is accurately depicted on each final plat and plat notes are sufficient to describe the intent of the Mitigation Area. Acceptance of the in-situ restoration and in-kind mitigation within the Mitigation Area for the phase shall be performed as described in this Plan and upon confirmation the activity has met the conditions of this ordinance. e. AESA Tracking Spreadsheet Template mAcresRiparianFloodplainBufferremovedmi m Water- Related \Water- Related final plat FloodplainAcres Floodplain I final plat location(s) Removed: [sum ofraw] Mitigated: [SUm of [sum of column] [sum of column] Remo\,edm ofrow] Mitigated: [SUmof [sum of column1 Rel In!!!IIII PMseN [anal 1 ;iT;iS: [SUmmiti / • L + + _ - \ \! b - BP iF A -