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AESA18-0002aS:\Legal\Our Documents\Ordinances\19\AESA18-0002 revised.dou AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PARTIALLY AMENDING ORDINANCE 2016-215, TO APPROVE AN AMENDED ALTERNATIVE ENVIRONMENTALLY SENSITIVE AREA PLAN WITH CONDITIONS ON `•` ON APPROXIMATELY 0.23 ACRES, GENERALLY LOCATED ON THE WEST SIDE HARBOUR MIST TRAIL, APPROXIMATELY 240 FEET NORTH OF DEL REY DRIVE, IN THE CITY O; DENTON, DENTON COUNTY, TEXAS,AND WITH RESPECT RIPARIAN STREAM ! ON APPROXIMATELY GENERALLY LOCATED NORTH OF POCKRUS PAGE, APPROXIMATELY 570 FEET EAST OF FOX SEDGE LANE IN THE CITY OF DENTON, DENTON TEXAS.(.ESA 8-0002) WHEREAS, Astra Carmel LLC Development has applied for an amendment to a %reviousliLyWicroved Alternative ESA Plan to restore U%land Habitat on of land legally described and depicted in Exhibit "A", and a Riparian Stream Buffer on approximately I acre of land, legally described and depicted in Exhibit "B", both of which Exhibits are attached hereto and incorporated herein by reference (collectively, the "Property"); and WHERAS, the purpose of the Amended Alternative ESA Plan for the Property, attached as Exhibit "C," is to restore two component portions of the Environmentally Sensitive Area !, attachedWHEREAS, on February 20, 2019, 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 hearingLjQ-yz-Q_9ertj,, owners and conditions (7-0) of the Amended Alternative ESA Plan on the Property; and WHEREAS, on March 26, 2019, 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 35.3.4 of the Denton Development Code, and is consistent with the Denton Plan and the Denton Development Code; and WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for an Amended Alternative ESA Plan for the Property, AmendedProperty is in the best interest of the health, safety, morals, 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 Plan public interest . ♦ should be granted ,.: set forth respectherein with ♦ the Property; THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1. Developer shall plant 195 caliper inches (dbh) of trees selected from Appendix Landscape Plant List, of the City of Denton Site Design Criteria Manual, I Wt seed mix, as specifiedExhibit Amended2. 0.50 acres adjacent to the USACE restoration project shall be planted according the .tive ESA Plan attached R of #ss Timbers uplandt shall be ♦ ' # according Amended Alternative ES♦ Plan attached as Exhibit 4. Annual reporting, describing the cumulative mitigation work performed and t survivability of the plantings shall be submitted for staff review and inspection, 1 period of years# # Effective Date of i r 5. Plants installed as a part of the proposed native flora revegetation are to be install and maintained by the current and future owners for a period of three (3) yea following installation. Plants that are removed, destroyed, or that die within thA three (3) year period are required to be replaced by current and future prope owners, as needed to ensure a f % survival rate. 6. Home owner association (HOA) documents shall be created and recorde establishing Lot 14 Block F and Lot 20 Block 28 in Villages of Carmel Phase 4 as properties owned by the HOA, for the purpose of preserving the ESAs perpetuity. Any maintenance of these lots shall be performed in compliance wii I Subchapter 17 ESA standards. Copy of the HOA documents shall be provided � I the City no laterrreport. r 7. A bond or letter of credit in the amount of $39,000.00 ($200.00 per caliper in (dbh) of trees to be planted) shall be deposited with the City within 60 days of t Effective Date of •inance. Upon completionof • .i establishment period, the City shall inspect the trees and determine whether nine 0 #trees . r, . reasonable # *, ♦# • _release _ •# • • credit the absence of such a finding, the Applicant will be notified of its obligation replace a # • •trees. applicant•o # . remedial bring the property into compliance, the City may make demand for payment on t cash bond, surety bond, or letter of credit. The City may use all legal remedies enforce # addition # r •- • # • # • r C"FlON 3, The City's official ESA map is hereby amended to show the change in the Amended Alternative ESA designation and classification for the Property. SECTION 4: All requirements ♦# '! by • • r • the Alternative • modified herein, shallremain in full force and effect, • • amendment for component P#♦ .• provision of ordinance or ♦♦ !n thereof to any # I SECTION 6. 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 7. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. 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 iilotkni to all )rove this ordiiaance was in ade by ._....� � ...�"..::��.�°.. �.. ��� .� o � ;°a��� a" and seconded by „ � � w;: �� � � the ordinance was passed and al l j-ovcd by the Following vote L: Aye Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Don Duff, District 3: John Ryan, District 4: l f Deb Armintor, At Large Place 5: ' . _.................... Paul Meltzer, At Large Place 6:' PASSED AND APPROVED this the���day of�%gym 2019. CHRIS W AI "'["S, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: /s/Jerry E. Drake. Jr. IMs. I =� IM, IM-al"10"Is Beginning at the Northeast comer of Lot 20, Block 28 of the Villages of Carmel Phase 4B according to the Final Plat filed in the Official Records of Denton County, Texas as Document Number 2017-426. M 0 �16 �41 � distance of 100.00 feet to a point for corner, I N 87 53 05 W a distance of 109.97 feet to a point for comer 3, N 02 01 55 E a distance of 100.00 feet to a point for corner 4, S 87 53' 05" E a distance of 109.97 feet to the point of beginning. Exhibit B [Slow" IMMTSIMMIN 11011101011161rml Exhibit C Alternative ESA Plan January 2018 City of Denton Alternate Environmentally Sensitive Area Plan (AESA18-0002 Pockrus Paige Road) Kimley-Hom and Associates Inc. 13455 Noel '• • • Galleria Tower- 700 Dallas,- 1 Astra Carmel, LLC 3625 Hall Street, Suite 720 Dallas, TX 75219 K i m I ey>)) H 1I' iin film 'ui o iri Ills iiP, lu llf: a ii'm�l and Teed for Actioii Kimley-Horn and Associates, Inc. was retained by Astra Carmel, LLC ("Astra") for Environmental Services for the Villages of Carmel Phase 4B Development (Sheet 1 of 1 in Appendix A). The land encompassing Villages of Carmel Phase 4B is owned by two parties, VOC1 B, LLC ("VOC1 B") and Astra. Both parties have signed applications relative to this Restoration Plan. Astra has a contractual agreement with VOC1 B to develop all of the property in Villages of Carmel Phase 413, and as such, will be referred to herein as the developer and will be taking responsibility for this plan. Astra applied for and received authorization on August 1, 2016 to remove a 100-foot wide riparian buffer ESA located on the southeast corner of Phase 4 in exchange for the preservation of two acres of remnant Cross Timber forest located in the northwest corner of the property. The riparian buffer ESA (also referred to as the "original ESA") also met the definition of waters of the U.S. and was subject to the regulations and protection of the U.S. Army Corps of Engineers (USACE). The remnant Cross Timbers habitat in the northwest corner is now an Alternate ESA (AESA). The two ESA areas (Original ESA and AESA) are shown on Sheet 2 of 2 in Appendix A and in Figure 1 below. However, during construction of the development, a portion of the trees on the AESA were inadvertently cleared due to an inconsistency between the approved construction plans and the approved final plat. It was noted by Astra to the City of Denton that approximately 0.23- acres of the AESA area had been graded. Table 1 below summarizes the trees that were inadvertently removed from the disturbed area (two lots) within the AESA. Table 1. Summary of trees removed from the Alternate ESA (AESAI. i Tag City Inches Type Condition /- �No. Category IT0? . x sir g, f% ZEN Cleared AESA v r y`< 2432 Quality 8 Oak Good r 2429 Protected 24 Oak Good ` 2424 Quality 6 Oak Good P�,`� y2413 Quality 16 Cedar Good „ir rs ��' 2430 Protected 24 Oak Good A I8202 Quality 15 Oak Good o,, �; � I fir- '� ��� 8201 Quality 16 Oak Good ,� f'��i 8203 Quality 12 Oak Good IM 8200 Quality 14 Oak Good ip l frJ 2431 Quality 8 Oak Good a� / lw Originy8198 Quality 17 Oak Good �s� 8199 Quality 6 Cedar Good 0 iJJ, 8232 Quality 12 Oak Good rU � & T �g' �� 8233 Quality 9 Oak Good 8196 Quality 8 Oak Good Figure 1. The locations of the two ESA areas: Alternate ESA (orange) and Original ESA (yellow), and the cleared portion of��� Tota11 l 111--1111111-- 195 the AESA (orange slashes). inches Approximately 195-inches of trees 6-inches and larger were removed from the AESA based on a tree survey included in the Phase 4B construction plans submitted to the City of Denton. The tree survey is included in Appendix B. Only trees 6-inches and larger were included on the tree survey, and the 195- inches does not include the understory and shrubs less than 6-inches in diameter. Villages of Carmel Phase 46 AESA Restoration Plan January 3, 2019 Kimley-Horn environmental staff conducted site visits to the project area on July 3, 2018 and October 4, 2018 to make general observations at the areas of the disturbed AESA, as well as the original ESA area. Photos from these site visits are included in Appendix C. City of Denton staff and Kimley-Horn met to discuss the issue on July 25, 2018. The City has requested that Astra prepare a restoration plan for the impacts associated within the AESA. Summary of events sketch: The Cross Timbers ecological region extends from central Texas, northward through eastern Oklahoma, and into southeastern Kansas. The name, Cross Timbers, was coined by early settlers because the forested areas acted as barriers to their travels through open prairies and acted as points of reference for the travelers. The Cross Timbers region is divided into four subregions: East Cross Timbers, Fort Worth Prairie, Lampasas Cut Plains, and West Cross Timbers. Denton County contains portions of the East Cross Timbers region (TPWD, n.d.). The Cross Timbers region is a mosaic of deciduous forest, savanna, and prairie, that connects the eastern forests and southern Great Plains. The region's unique geology and climate has resulted in a mixture of prairies, including grasses and wildflowers, and forests, with an understory of shrubs, vines, and brambles. Cross Timbers woodlands are dominated by post oak (Quercus stellata) and blackjack oak (Quercus marilandica), but also contains populations of other woody species such as cedar elm (Ulmus crassifolia), hickory (Carya spp.), eastern redcedar (Juniperus virginiana), mesquite (Prosopis glandulosa), and greenbriar (Smilax spp.). Herbaceous species common to the Cross Timbers habitat include little bluestem (Schizachyrium scoparium), big bluestem (Andropogon gerardii), Indiangrass (Sorghastrum nutans), and sideoats grama (Bouteloua curtipendula) (Texas A&M Forest Service, 2018), The Cross Timbers region has been fragmented by agricultural use, urban and rural development, oil and gas development, and the introduction of invasive species. Consequently, the remaining fragments of Cross Timbers habitat provide valuable habitat for native flora and fauna. Historically, the region housed bison, prairie dogs, black -footed ferrets, burrowing owls, mountain lions and black bears. These species are rare, if not completely removed, from the region. Present day species now include white-tailed deer, Villages of Carmel Phase 4B AESA Restoration Plan January 3, 2019 coyotes, foxes, bobcats, and wild turkey. The Cross Timbers region is also a pass -through area or stop over for migratory birds, waterfowl, and birds of prey (Bob Jones, n.d.). I114ofification wnd IIlReview This restoration plan will be provided to the City of Denton for review. Affected and Surnmary of III 1p The attached vicinity map (Sheet 1 of 2 in Appendix A) shows the location of the project. Sheet 2 of 2 in Appendix A shows the Original ESA and the AESA, including the portion of the AESA that was inadvertently removed. Photos from various site visits conducted by Kimley-Horn and Astra are included in Appendix C. The photographs included in Appendix C show the portion of the AESA that was inadvertently removed and the original ESA area that is to be restored. AESA Based on a tree survey of the AESA, included in the Phase 4B Construction Plans (Appendix B), Astra has determined that 195-caliper inches of oaks and cedars were inadvertently removed. The tree survey does not include trees and shrubs less than 6-inches in diameter; however, it is understood that the understory was present in the AESA and removed along with the 195-caliper inches. Original ESA Based on the Riparian ESA Assessment Form (Appendix D) completed for the Original ESA area on March 25, 2015, prior to the removal of the stream, the main understory vegetation was greenbriar (Smilx bona-nox) and little bluestem (Schizachyrium scoparium). This is consistent with the understory observed in the photos of the remaining forested habitat provided with the Assessment Form and the photos included in Appendix C. The assessment also lists Chinese privet (Ligustrum sinense) as being present, and the privet is visible in the accompanying pictures. Chinese privet is an invasive plant species and appeared to be a dominant plant in the Original ESA, and has a continued presence in the remaining forest in the project area. Figures 2 and 3 below are representative photos taken of the forested areas within the project area. Figure 2 (left). A photo taken on October 4, 2018 of the AESA Cross Timbers forest on site. Post Oak, Cedar, and Chinese privet are visible. Figure 3 (right). A photo taken on March 24, 2015, and included in the ESA Assessment (Appendix D), of the riparian forest present prior to the removal of the stream. Post Oak, Cedar, and Chinese privet are visible. Villages of Carmel Phase Q AESA Restoration Plan January 3, 2019 Sidewalk area The understory vegetation was removed from a portion of the AESA along Harbour Mist Trail. This activity was completed prior to the formal designation of the AESA to remnant Cross Timbers Forest and was included in the approved construction plans (area shown in the Photos taken on November 16, 2017 in Appendix C). Trees greater than 6-inches were avoided in the clearing activities. This activity was allowed at the time it occurred because the ESA designation had been removed from the forested area at the time of the clearing and the trees 6-inches and greater were preserved according to the tree survey (Appendix B). During the recent construction of a sidewalk along Harbour Mist Trail, soil was placed around the remaining trees along the edge of the AESA. The excess soil from the construction of the sidewalk has been removed (shown in photo 11 taken on October 4, 2018). Beautyberry and post oak seedlings will be planted within the sidewalk area in order to encourage the redevelopment of the understory. Restairation Activities Kimley-Horn recommends the original ESA and the disturbed portion of the AESA to be reestablished as Cross Timbers habitat. It is proposed that Astra replant the original ESA and AESA with Cross Timbers vegetation that will include the same number of caliper inches of trees that were inadvertently removed from the AESA, as well as, native shrubs, grasses, and post oak seedlings. Stormwater Best Management Practices (BMPs) may be needed until the planted vegetation has established. If BMPs are determined in the field to be needed, they will be maintained in accordance with Integrated Stormwater Management (iSWM) standards. Original ESA The original ESA will be replanted with native trees and shrubs included on the City of Denton Native Plant List (Appendix E). A consolidated list is shown in Table 2 below. Table 2. A selection of trees considered for planting in the restoration areas chosen from the City's Native Plant List (Appendix DI Habitat Type/Species Scientific Name Common Name B.j rtdn Tree Ulmus crassifolia Cedar elm Prunus mexicana Mexican plum Querces stellota Post oak Diospyros virginionum Common persimmon Rhus aromatic Fragrant sumac Quercus macrocarpa Bur oak Ilex decidua Deciduous holly Sophora affinis Eve's necklace Quercus shumardii Shumard red oak Cercis conadensis Redbud Astra proposes to plant a minimum of 195 caliper inches of quality native tree species 2-inches and larger, selected from Table 2, in order to offset at a ratio of 1:1 for the caliper inches of trees 6-inches and greater removed. In an effort to restore the understory and shrubs, that were also removed from the AESA and are an essential element of Cross Timbers habitat, native grasses and forbs, American beautyberry (Callicarpa americana) and post oak seedlings, will also be planted within the original ESA area. Trees and shrubs will be planted in the winter or early spring (during their dormancy). Forbs and Villages of Carmel Phase Q AESA Restoration Plan January 3, 2019 grass seeds will be sown in the spring or late fall, depending on the species. In the interim, temporary vegetative cover will be established by hydro -mulching or installing erosion control blankets. USACE ,Stream Restoration Area A portion of the original ESA is under the jurisdiction of the USACE, and has additional restoration requirements outside of those from the City of Denton. The additional requirements are outlined in the Restoration Plan submitted to the USACE by Groundwater & Environmental Services, Inc. (GES) on April 9, 2018 (Appendix F). In the report, GES states that 592-linear feet of stream would be restored. However, after further discussions, GES recognized that only 402-linear feet of stream is required to be restored. As part of the restoration of 402-linear feet of ephemeral stream in the eastern portion of the development, a riparian buffer is required to be replaced along the length of the restored stream. The riparian buffer is 25-feet on either side of the stream channel, totaling 0.52- acres for the entire stream restoration area (0.06-acres of channel and 0.46-acres of riparian buffer). Based on the GES Restoration Plan, vegetation within the restoration area will result from plantings and, to a limited extent, the natural establishment of plants. Plant species are to be selected from Table 2. The stream restoration area will be seeded with a riparian recovery seed mix and trees and shrubs will be planted to achieve a 50 stem /acre density. An additional 0.5-acres adjacent to the stream restoration area will also be planted with tree species selected from Table 2, shrub species common to the area, and reseeded with native grasses and forbs (Blackland Prairie Seed Mix). Figure 4 below is an illustration of the landscape plan for the Original ESA and is accompanied by a summary of the proposed trees and shrubs to be planted (Table 3). Images of the resulting landscape from the two seed mixes are shown in Figures 5 and 6. Table 3. Summary of trees and shrubs included in the Landscape Plan for the Original ESA. �(cal Species Siz Quantity Total per in.) Inches Cercis canadensis / 2" cal 10 20 Eastern Red Bud Prunus Mexicana / 2" cal 11 22 Mexican Plum Quercus shumardii / 3" cal 11 33 Shumard Red Oak Quercus stellata / 3" cal 17 51 Post Oak Ulmus crossifolia / 3" cal 17 51 Cedar Elm Callicarpa americana / N/A 35 N/A American Beautyberry Total 177' Figure 4 (left). An illustration of the landscape plan for the Original ESA. The full version of the Landscape Plan is included in Appendix G. Villages of Carmel Phase 4B AESA Restoration Plan January 3, 2019 Figure 5 (left). An example of a field similar to the resulting landscape from the Blackland Prairie Seed Mix. Figure 6 (right). Examples of the riparian zone similar to the Riparian Recovery Mix, proposed for the USACE Mitigation Area. The seed mixtures will be sourced from www.seedsource.com. AESA The disturbed area of the AESA will be restored with top soil and revegetated with a combination of a native blackland prairie seed mixture, post oak seedlings (Quercus stellata), and a line of 2-inch or larger native trees. The line of trees is intended to separate the planted prairie from the street and discourage the un-authorized maintenance of the prairie (i.e. mowing). Figure 7 below is an illustration of the landscape plan for the disturbed portion of the AESA and is accompanied by a summary of the proposed trees to be planted (Table 4). Table 4. Summary of trees included in the Landscape Plan for the disturbed portion of the AESA. S ecies Size Total P (caliper in.) (caliper- Quercus shumardii / 3 cal 6 18 humard Red Oak Total 181, 2;Figure 7 (left). An illustration of the landscape plan for the disturbed portion of the AESA. The full version of the Landscape Plan is included in Appendix G. In an effort to protect the existing trees at the edge of the disturbed portion of the AESA, topsoil will be returned to the area and graded to match the surrounding topography and match the contours in the grading plan. Soil that was piled along the tree line has been moved away from the tress and understory, By replacing the soil and grading the area to match the surrounding topography, the native grasses and forbs should be able to establish with minimal maintenance beyond the initial irrigation and monitoring. To maintain the prairie it will be expected that: 1) no mowing will be allowed in AESA, 2) litter be removed on a regular basis, and 3) the area is to be reseeded if a large portion of the vegetation is disturbed (from weather or misuse), following the same irrigation schedule and maintenance plan performed during the initial seeding. Figures 8 and 9 are the Plant Schedules for the Original ESA and AESA areas and the Notes included with the Landscape Plan. The figures are taken from the ESA Restoration Exhibits (also referred to as the Landscape Plans) required by the City of Denton (Appendix G). A contractor will be selected by Astra to follow the ESA Restoration Exhibit. This area will be clearly demarked with signage indicating that it is an ESA area and is not to be disturbed. Villages of Carmel Phase 4B AESA Restoration Plan January 3, 2019 ne M I UM 67(77 7-Ma-7 describes the history, characteristics, and importance of the Cross Timbers habitat, as well as, suggestions on how to maintain the habitat. An example of this sign is shown in Figure 10. PLANT SCHEDULE ORIGINAL ESA -;!M NAM' M L_ Z'.W 9 W In 5 S: IN II III SUB19M Snffidiwm:111W M E Pvaqm."M' A114"Lan Z'CIM 8 'IR 6 Kf ;1:: Id BU241W SmAw 11 Im,'W My 31 21611w$ut QN15mi:1111 I, aN'Inau 7 Roll DW( 3- i:�a KI m 5 wg"I't 5ll'IWNrq a 0rppwa wIwuw' US .hhvqq: "L 081AGII I F-AM M" Yi.,A KI M !!: I 111a Ild IMI'A4W U, npMAb" M: Mu UgMM I I Gumv Em Ti�jl XI M 5 '40 :ue 1:11arwgN M"Pk'AIwI,& gwilM �M 2 —Q, SPEOFICAMOYS 41EMN114M C11" M :M&MIA amemana, MmIll:,an Wffl.'Vspi ,W'x 1: J 0M 2a t L 1110 � A ��' � � � I I 11-1A L4 4 � I -'�f W 5,EE2!1:: EU2A MIX V M :k"Wna Pmfla lull, lilin FGA� L" 8"nAn4s Pqa"1r21Iw:1S0M,WwMeI lfl"M"MJFNTAin 5B!Saig1' M& + MW WBU Fhfm'wwV RomWwy AIN + * 'I G—) OR IN 11111; 5011awdb shall.111111 Iliad I rica fir q11 I so IN fli 31111JIqlJol MY400 Inadw ML 'V.."apYli�lpw, 2L k2Laa�. ���: W9'N14 TEW Figure 8. The plant schedules for the original ESA and AESA included in the Landscape Plans (Appendix G). 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HURX040 Sirk mOILVAI TCW AinqKNEM EEMAO INSrAu, iro 001045 VIER PLAN7143 IITEiTPML S U Q EMEFTH NAIN I FINISHED ZRAEMS fg: PIANTANG REDS 7 111 BE 70ELOW I'MRSmED GRAD Ei 116E ACIAACEINI mMVNG OR, AS S641AMN CMI ERADMAG KTAIq 9, TOPSAm . FwAA, A OF, NATIARA- -MAME FOUILE uH RAINGE CAT Th IJ 4 AM5 "EE OF DMIS) 11 CIFSPAS I M MEE AWEEIISS ANIA A"MCREIARMOK)HES 0 ALL 111REIFS, To GFPkAFOEO,& UNIIAM AIA nF A'IFIRCHIO ANY UMAY 0 n4E CONTRAC 11M 204N A 109MMUMM2 RAW V M MA34MI98INCE 11��A�F Aw A. A, AhrAGARTAG UNT& FINAA ACXXVIANCE 2 ALL MEAN AWV U,AWAACAA111114G EMAIL fiJE MA[INTAURFIa IIIIN A I41EA TAND ORDERLY M10"YEIR A I M& VMS TIM OWN *W& NUMM FAR RAW TIME LIMMO fflEIEDING AND OTHEAR VAIM k:FKTMS INNIANIN tO r4E OANIVENAME CAF @ANIX51C.'MITIAG - AAA ARAN-NAAFIERIAA. irAIMUIE&S"All RIERMAZEU AA9?11THUMERAN' WTEANAL C)FSP91HAN SAZE AND APAME'rA, A. 0411) IMCAWMPALT MA, Iff Al UJINEV N UFIAN) WMgqiryjp EA RIVARAIJE10 AREAS 5 M L I M AIR All IN SAW AS 10 BE "EIIA7*113 a FTESr"RE AREAS AS NIEEMIEKI 7 RMUMASNWAR) Figure 9. The notes accompanying the Landscape Plans (Appendix G), Villages of Carmel Phase 413 AESA Restoration Plan Jamary 1 2N9 This field and surrounding forest has been designated as an Upland Habitat Common Environmentally Sensitive Area (ESA). The preserved ESA is a remnant of the Plants and Animels Eastern Cross Timbers Ecoregion and provides vital habitat for native plants and animals. In order to mMntain h Ilow^aVft rfmsystr. In the foflowing steps ShouW The ta 11 P I fl I.JTho 11waMe 6% to oqi-Oin uu>Mi Ilniindimf M am" far4h. imm"W u—s9w iDf01,evMkft1f- x 24 WtV lb-W b- MI MW fil— Ch. M.i,4 9b.M 1�7[m pmfir5w wqn The n—wKiad fIcI,e vqpwtIm pxdAwbwd fi— �Vivr or friium. Ih,=and umaua a bwrk� W!l�* Ran t1j­W[h, p­ 5w. . ........... un F-'d f if.,WL� ­ ­­ 11.111111 .. ... ... .. ........ . 11 imnu u"&— 'rq- 9-W4Y I,, 1W W-M Ihma u —ned * a fmil dum of Kawrk% 1—fib"If W Ems— and —fumkf, wmMan imma9mvuG n, & wNnfm *... muwq C—in R. ft—u, wNdvf f—d 11. C— TWIlmin P-v I., rW vd. NMI. bl—t— i5ehi—hyd— —Pft. 1, 1* wu.,ftnvu pf.dMpg.. wlh,&J, I 'uh,'no— f3x"' 7M.l rs uv anwtuanml, nd Id—t. gra— (S-Aek- ,-VqMWWO� Cmmw t ('00 aped. foiund 4, Crew. 17-b— Of 0040M WI WVWU.). bld0aek wk udw urfwu Ilfimux cranobMaI, hie" (CwW spp 1, outm wadawdar thuopvw —Kwt. (9--wk of-d-k-0. Figure 10. An example layout for an educational sign that will be located along the cleared portion of the AESA and the Original ESA along with examples of sign frames that can be used (from Pannier Graphics). Villages of Carmel Phase Q AESA Restoration Plan January 3, 2019 Calrqjpfllaince with Authorities City of Denton is the authority over compliance with this mitigation plan. The USACE is also the authority over the stream restoration area; however, the survival standards for vegetation required by the Corps is less stringent than that of the City of Denton. The City of Denton standards will apply to all restoration areas. Almilimal Reporting Astra will prepare an annual report each year for three consecutive years, beginning 12 months following the commencement of the implementation of the ESA Mitigation Plan, for the purposes of describing the cumulative mitigation work that has been performed as of the reporting period, and to report on the current survivability of the plantings. Upland trees along the edge of the existing AESA, impacted by the construction activity, will also be assessed in the annual report. These annual reports will be submitted to the City for review. The first two annual reports will contain actions items that may include: the replanting of dead trees within the cleared portion of the AESA or the Original ESA, reseeding the blackland prairie seed mixture or riparian recovery seed mixture (as needed), making repairs to the irrigation system (as needed), and removing invasive species. Upon completion of the three-year monitoring and reporting period, the City shall inspect the tree plantings and determine whether 90% of the tree plantings 2-caliper inches and larger are healthy and have a reasonable chance of surviving to maturity. After the City inspection, if more than 10% of tree plantings are found to be diseased or not having a reasonable chance of surviving, then Astra shall be notified to replace any unhealthy or dead plantings to maintain the 90% survival requirement. Astra will replace the caliper inches of trees, shown to be preserved on the tree survey submitted previously (Appendix B), that die as a result of the construction activity abutting the AESA. If Astra does not take remedial steps to bring the property into compliance, the City may use all legal remedies to enforce this provision. If changes need to be made to the restoration plan during the three year monitoring period, the City of Denton will be notified prior to making the plan modifications. lFleferences Bob Jones Nature Center (Bob Jones). (n.d.) About Us. "Cross Timbers Ecosystem: A Natural Wonder! [Online] (accessed on October 22, 2018). Available URL: http://bjnc.org/about-us/cross-timbers-ecosystem/. Texas A&M Forest Service. (2018) Trees of Texas. "Texas Ecoregions: Western Cross Timbers." [Online] (accessed on October 22, 2018). Available URL: http://texastreeid.tamu.edu/content/texasEcoRegions/WesternCrossTimbers/. Texas Parks and Wildlife Department (TPWD). (n.d.) Wildlife Management in North Central Texas. "Cross Timbers and Prairies Ecological Region." [Online] (accessed on October 22, 2018). Available URL: https://tpwd.texas.gov/landwater/land/habitats/cross_timbers/ecoregions/cross_timbers.phtml. Villages of Carmel Phase Q 10 AESA Restoration Plan January 3, 2019 Appendix UYc 4.,p 1 0 Legend Phase 4B Project Area SHEET DATE: 08/22/2018 1 DRAWN SDG CHECKED: LDC OF 2 SHEETS KHA NO.: 064533000 ,i; oI ^! �, 93 P 11 nU 94d L m 0 �O20 4 Feet 00 Villages at Carmel KI m ly>>> Vicinity Map Phase 46 Thh goducl h I. ftl 0-1 � I— bwn .M Denton, Denton County, Texas ..........n "o'—fl�uii �u .� t- v Yr�on,wr CnlvfnN'a fnu. ,0, a cur,„w�lr, o, r �� % QQ l� r 'j% op✓ 4„y'ID)�� ✓ / /� /lf ✓W'YPN/ 04 1" (/ � "A III( / r /� rr �a x 041 " yJ r%1 110 //�. ,,, / / �oi'r�/ , I� i ur %% s 141, H ,wy Gig yuaDG,%!11�1umw J . . ..... I Legend Q Phase 4B Project Area Alternate ESA (AESA), —2-acres Cleared AESA, —0.23-acres Original ESA, —1-acre: USACE Stream Restoration Area, —0.52-acres Upland Habitat, —0.5-acres li SHEET DATE: 08/22/2018 2 DRAWN:� SDc ESA Location Map CHEC'OF 2 SHEETS KHA No.: 0645330.00E Nearmap June 2018 � fir Villages at Carmel Phase 4B Denton, Denton County, Texas P) , SUfi Ywri,„'i% /rrrsr�n� Bey Feet 0 100 200 400 KimleyoHorn ThI p tl II for Morma oral Pury ntl ay rwl M1eve bean p,pa lar or be s�hble for legal, erpl 1 rq, or surveying Purposes If Eaesnol p—imnl en WN,1 i. surveyerq mpreaenls only 1M10 apProximale re�INe location of properly bountlerias Appendix 11 PREVIOUS "irREE SURVEY I lip I ;o 'I I P �fj ....... ......... ........ -- - _.. .. , /I a If I �1111411111111111a�11f�����������€���������������,�����������?€€€1111111111111111111119R11�111111111, NIIIm4Ap',�AA,1AAPP,A9Yu7,,E,fgj,�19,c,R AqJag r,yI P,�'�w;a,F4��"�����'��..�b.&4'�P: �m ,a a.,.aw...n J.;M1 I,N ArV �ry -------- _.................. ������'��'1111111111111�11111111111111111111111R'���'�������'��1111111111811'11111111G1111111111111111'�������������,111111111111fi�11,���,��',����,� �' A �R44��3..3��,MI,y7tu 7,5faffi{Nv{��g�;.,yrtl �,M cl �d �d 9'��d�A1iAR���A� 9 MR, �W§Hp�ryA�ci�������k ryyJ��rry9�rG p���, Y� 8g3�ttlY,;�rDy3�,�:�314 (��'�N�N,1y�� ry�� gp4 y 1�ry�;4��lf�F �¢i14�W1Gl WI'k WN'Ti4SW xr uowbw Lu 21E111,211IM III �m �s,1vu"11 R,"11�� ie Yil p 9 E, Ri fjI pU11,IT, tV iU 4110"I.INVI :dd�q���'1 b F,I f'.�' a,GX.0Rn m'ro1,�:N 1n'A '14 i �191 x%�H�n ti Wd X:&d6Dti�W'r��7 �,�dY i!�'IM", 1''��'.i�. .......... -------------------------- �1111111111'1111111111111111111111111'11'1111931111111111111'111111111111111111111111111'oI11331113,111H;J]131,11 1ij��k '992PAgOgunmpg ggamm� 2p q 'tl�a....p,a,pw. aa. .n.WWu,rc a wM�..#V. vewkd,..a,n:ry: ynp a,^'ary,,q�',gtn a, a,.�(.�n,{.app .aaaq.,ugM nhw 6p ddyp6 atS, gC qy q 6p+�$,o �Iw� qX pPp pryg �W 7 µry@ µµ p8wa. n upry, 9nyr 11��111,1�1�µ11 W1111R 411A,w1,1�1,911 itlh11111111.ii 11111411 #,�,.,fi1 &,mil;i�K (Mj'J+S;.�A9 i 4 Jen19r9R�9,4k iA',kl�A R'A ,1s4:rf111111t Ig2 11laoIW.11"Aml.h111ro0A0,01iP,oP, IPtif.l,olgP1F p10P,0.o f.6...h.P.!1Pi hr1111111w111x 11 p11:1�1r1111m1111'�1111d��1��re"e"uiP.��€I���R'�i� �1]�1111111111111111111111111i11�111�111111111W11,11�11a�1 �1111111111111a�111111�§q11'11I�1111111�11111111111=�1111111111111G111111111111111191,�111 an'lQ,AIAAAAG;4AA)AAA.NA#AAAd1'1A,1tpAA'AAA$EAAlHAAA1P'nAAmARA;AAAA9AktAAl 0,1mgA��;�10It 01k���1�R�"�A���A��,9N�A� ,TMA����AA�1A moW M M1 $ 4L.ww oe. L ^A x, 411, gkP,Jb 14N P, P.V 7,vl tlwwM.N r K, 4 .aA br 12.. ..ur.,�.a .i P,yana"i ITY",Yr�,�r!N-rIirtii=w'.Pa,,P", ,Pik'RR UY:!1.1^h��✓wcni.r~."?, vr,CH0ON,r11&'IP!'WTids„,1114�mA��+�M1�'N��M1��ad��'�FWA0'mPW ppi,,MRov"M"A"PM,HP,kP;PWWWRO 111R111111111111111111CH1111111131133311 11111111111 u111111l1111I1111113,p1111131111111l,1111,�111111111111311111111i111111g1111�1111.�1��; W Y ia,F. swAm11� m^w,w!wWw���',w,1nwlu,sm1��a^w,&1,ww.���Rw,ro�asI,wAw���a,��,�g������ra w . rw,�,,.»+ .� ,n„r�r ~9., .,a;n n�. �.,,-.,.v .,, •� ,sti„aaar„ru.,, xw...rr� w.,�.a�u�in;aa». ,ae�s.�a �„w„rr�serer ,,gi�u,..,ru,,=�i��x:ca.n,,,,i�,mr�.o,.,�, ?n 1A . ,,."M "UH4Rorl, fixIND14r."rpl�P,PP"FMy''FurOUrn'N�R��PMH€ IPr3V, °n^ r ��M i�wH 11i, "1 N „>... ............. ..... _ 1111'11,111111111111 ,1oi11111111111111+11,1111,91.1,111111111,11111k11 1411IA1�1111111 1111111141111.116111,1111,1111,1,111111111111111111111 131111;111 li;, 2 ofm R its RAalkFiP6R,'pAS,p 0,A AP,AAMF, AN js,At4A?2As8m,aI,iAfi1PM.Aa,PI0,9Ai9 A9lP91 AAp 11 8� Y94 fi�pi I° X�., ena .w„».a. c'� n,.n,�,,,nf ssr�,,.iu„ y..., ., „ .,,.. - ••., a a rosastt,.� .:gib. e: ............ �Ux'"'Uu1!a111F1"r.1 Gi!,1;Ufi. 1x'di11116m1;11411"111r;ti1'11111'HPHI111111111aPM" a11a'1'wa141111�111u'm11111111111"a1111P11111,k u`uia'�11Id11�11111.111'"HI --- ®®, ,, ----- 1,11'111111111 �111111111111'11111111R1:1111111,1 N 111111111111,111111111111111,1:11,1 %1111111R 1111111111111111;1111111'r1,111111111111;111,11111111,111,�1 w 111A1A1p.1�;A1s1gAAAAAAAwA, A1,!AAAAAAAAA.k:wA�a.Arrlaba,a�lw1111;,j11wAr ll�A1w»., 1�,ws,sAAA1AA�W�bAAAA1111111w1:1.k1,111A,�w�,w ��.n��G'�..a.,ai�d,... ��_�.�.. �a �� �m� .„ n.,��w. � "mn,a. ~r n, "� o.o., w..�„,aa��w.a,,, . aa��� �a„ .�:,. aa.,., . �,., ., e .• _�.,.R� .. ,.u.• AidAiAA�fAlwAanAA 0' iv iIFin v i i Izk.A..; AAA° AAMAAA6AAi i IV P'",Nu ,9adrWIPP?wmsAaagAAAAhAAra,.ukAAAA1AAtafAAAAAI49i6"'AwdWA'1Am61AAAEAHii# I Appendix C coii...wi �li�ia'rOGIRAIPII--IS 01- AESA 02 - AESA Photos were taken on 11/16/2017 01—Original ESA 03 —Original ESA 05 — Original ESA 02 —Original ESA 04 —Original ESA 06 — AESA Photos were taken on 07/03/2018 07 — AESA 09 — AESA 08 — AESA Photos were taken on 07/03/2018 01— AESA 03 — AESA 05 — AESA 02 — AESA 04 — AESA 06 — AESA Photos were taken on 10/04/2018 07 — AESA 11— AESA 08 — AESA 10 — AESA 12 — AESA Photos were taken on 10/04/2018 13 — AESA 15 — Original ESA 14 —Original ESA Photos were taken on 10/04/2018 Appendix D RIPARIAN IESA ASSESSMENT IF I I ARCH 2, 21 Owner: Astra. Carmel LLC mmmmm _.. �e ... TrakIt #: ESA15-0003 Address or Location: Pale Rd Stream Name: tril:utar to Faun Cre k Approximate Width: 3' Order: 1 +gene llaI Land ti enrrell t r Forest r Commercial / Industrial N% Agricultural (fallow) r Recreational r Residential (low intensity, high intensity) r Other: ..... Purpose of I it a ian Buffer (check all th4t, ttlt I r intercept sediment r Intercept nutrients / fertilizers r intercept pesticides r intercept other pollutants r lower water temperature RF help stabilize streambank r Improve fish habitat Pr improve wildlife habitat Fi aesthetics (species of interest W Privacy Stream Bank Condition Evidence of frequent water level changes (yes / No) 0 Slope of bank: 4S.-9t1 -- — — _ Soil class: clay / sand / loam / gravel / ledge Active erosion: slight / modc ate / severe Top of Bank Existing plant cover: little —none/ m / well vegetated Dominant cover cement / bare / grass / shrub / forest young / forest old Large leaning trees? hjQ .. ... ___.... Invasive exotics present? LiguirmAaMP. Approximate area of infestation: 10% Existing plant cover: little —none/ moderate /well vegetated Floodway present? No N„ „ „ „ ......,,, Dominant cover: cement / bare / grass / shrub / forest young / forest old Soil type: VkY, j)I ow ' o Invasive exotics present? Li,gustrum,�ggc... Approximate area of infestation: 20% Above the Bank Active erosion: alight / moderate / severe Slope: );-?°_.... Does the land slope toward or away from water? (it9llll6l��,Ry lgs rphi)¢bY�rla�i�ll_dvll�d tl _�ldtgakt zNg�t�:11�1a+inn egnlcr segment route walcr downstream Does the land direct runoff towards the buffer? Yes Evidence of sheet flow or concentrated flow? Yp,ctiwMttsl floes - �,a, Plant cover on existing land: little —none / moderate / well vcpel40a I mninaipu covet cc:meni / bare / a" P Moub l" PoMl yoww" / Ibresl old Invasive exotics present? IQ_,.,, _ _, Approximate area of infestation: ....... Nuisance wildlife present? Yes / No Species Water Ouality Color: cl / slightly turbid / turbid / very turbid T a and uantl oLpot ntlalPoll itants From DrainaLe Are (check all that apply) r Lawns, landscapes, or other areas where fertilizers or pesticides are used r Land intesively cropped with exposed soils at certain times of the year r Commercial fertilzer used r Commercial pesticides used (— Grazing animals use the drainage area r Grazing animals have access to the stream r Parking lots or roads send runoff into the stream r Steep slopes drain into the stream r Sensitive fisheries present r Plant or animal species of concern are present r Stream used for swimming or boating r Stream is used as a drinking water source r A well is located near the stream j;r Construction is proposed in the drainage area. Construction is: r Low impact potential (parks, low density residential) R High impact potential (urban development) r Gas well plat r Stream / watershed is in close proximity (3-4 miles) to a downstream surface water supply Dominant species scientific names Common names % cover Indicator status I Smikiz bona-nox greenbriar ..... . . . . ...... 25 FACU 2 Quercus stellata . . . . ...... . ........ . . ... . .......... . .. ............ . Post .. . . . ........ . - - — - ------ — ---- . .... 20 FACU ............... - - - ----- 3 ...... . ... - Junfwus virxinlana 11---- — -------- ------ ---- . .............. . Eastern red cedar 10 NI . ..... - 4 Sch UYA . . .. . . . . . ..................... . . .. . . — Little bluestem. 30 FACU . . ....... .. . . . ...... — --------- . . ............. 6 . ........ ......... .. . . . ................ . . . ........ . - — --- ------ .......... ..... .. . . ... ................ . . .......... . . 7 ------- - ------ . . . . . . . . . . ....................................... . . . . ....... . ........... . .. ... . ..... ......... ..... 8 ............ . . 9 . ........ . ........... - ------ . ....... . . ..... . . . . . . ............ 10 i�1I"MIM-q, "I, Bank q_;j Buffer Dia flitrol.dienjors (Primary) Pr Inundated F;r SDil Saturated in Upper 12 inches Pr Water marks r Drift lines r Sediment Deposits T Evidence of drainage pattern (Secondary) r Oxidized Root channels in upper 12 inches Pr Water stained leaves r county Soil survey r Fac-Neutral Test Comments: F-1.*AA —1. fl—in. ................ . . . 1-1 ydric _� il In j sj tors So _—d-L_ Histosol Histic Epipedon Suffidic odor F7 AqWc Moisture Regime 17 Reducing conditions r— Gleyod or Low Chroma Coll r concretions r High surface organic content r Organic strodking in sandy soils r Listed on local hydric soil list Listed on national hydric; soils list Other (explain in comments) l�.c 1�iredl Alltacl� erwts: Site map Site photographs Comments: Stream appears to meet USACE Waters of the US criteria. Any disturbance within the banks will require section 404 delineation submitted to the USACE. Narrow riparian zone along stream with large Oak trees, remainder of buffer zone is good quality Tittle bluestem. Conclusions Based upon the site inspection by the City of Denton, the area in question is NOT an ESA requiring 50 or 100 foot buffers and r therefore is not subjected to the ESA requirements outlined in the Denton Development Code. All other appropriate aspects of the Denton Development Code, however, still apply. The official city ESA map will be updated to remove the area from Based upon the site inspection by the City of Denton, the area in question IS an ESA and is subject to the requirment set forth in Section 17 of the Denton Development Code (if this box is checked, fill out supplemental RSAT form) r Based upon the site inspection by the City of Denton, insufficient information is available to determine the ESA status of the area in question, A more extensive inspection is required from either the City of Denton or the property owner. The determination of the ESA status is permanently valid and may only be revisited if significant new information that necessitates a major change in the determination becomes available. A request for reconsideration of the determination may be submitted in writing by the applicant, landowner, or agent within 30 days of the date below. Signature of field investigator:" Date:. Approval: 25 Mar 2015 Date: 2015MAR25 l,,t C 1f !r Y Supplemental SA . nor DENtl'1170ii Rapid Stream Assessment Techniques version 1 angy RSAT Evaluation Cateo General RattnCateortes and Associated Point R_.u.. Excellent Good Fair Poor Points �_. 1 Channel Stability 9 11 6-8 3 5 0 2 7 antaeI Scourh / De�osrtlon 2 Ch�...�_ �..m ... 7 8 5-6 3 4 ..- 0 2 mm 5 �_.... ...................�.. 3 Plvtrot In stream Habitat ..... , .. 7 8 5 6 3-4 0 2 3 4 Water Ouality 7 8 5 6 3 4 0 2 N 5. Riparian Habitat Conditions 6-7 4-5 2 3 0 2 5 _ ... ................. . 6. Biological Indicators _ ..__..... 7-8 ....... .... 5-6 n...... 3-4 w 0-2 NA Enter.....- _ ................ NA for not applicable categories n Total 20 Total Points Verbal Ranking fair, Total Score or 59% of total 42-50 Excellent (or z 84 percent of total) (if NA is entered 30-41 Good (60 < percent of total > 84) on any category) 16-29 Fair (32 percent of total =>60) <16 Poor (less than 32 percent of total) .. Table l Channel Stabilit _ ..... C ateory w Relative ........ _ Simficance pa.. ___.. ,. n...,...,, Excellent Good Fair ... Poor ._ -F... > 80% of bank 71-80 % of bank network 50-70 % of bank < 50 % of bank network Indicative of network is stable. No stable. Infrequent signs of network stable. stable Recent signs of bank hydrological flow evidence of bank bank sloughing, slumping Some signs of bank sloughing, slumping or regime alteration sloughing or failure or fail ure. sloughing, slumping failures are frequently and general g __���... or failure ob,........servd e condition of physical / aquatic Stream bend areas are Stream bend areas are Stream bend areas Stream bend areas are highly habitat very stable. Outer stable. Outer bank height are unstable. Outer unstable, Outer bank height bank height is slightly 2-3 ft. above stream level, bank height is significantly above stream above stream level, Bank overhang slight to substantially above level. Overhangs are large Bank overhang moderate stream level. Bank and deep. Provides insight minimal overhang is Into the past, substantial present, and .w .....a possible future Exposed tree roots old, Exposed tree roots old and Young exposed tree Young exposed tree roots are changes In stream large, and woody. large, smaller young roots roots are common. abundant. 6 or more recent channel Generally 0-1 recent scarce, 2-3 recent large 4-5 recent large tree large tree falls per stream morphometry. large tree falls / stream tree falls / stream mile falls per stmam mile mile. mile Bottom 1/3 of bank is Bottom 1/3 of bank is Bottom 1/3 of bank is Bottom 1/3 of bank is highly generally highly generally highly erosion generally highly erodible material. Plant / soil erosion resistant plant resistant plant / soil matrix erodible material. matrix is severely / soil matrix or or material Plant / soil matrix is compromised or nonexistent. material mrgmised Channel Cross-section Channel cross section is Channel cross section Channel cross section is is generally V or U- shaped as a "wide" U. is generally generally shaped like a wide sh vt _ trapezoid -shaped LL LL trapezoid to rectangle Point range 9-11 6-8 3 5 0-2 Pomts,ven 7 .,..,. -- �_���� Table �_ cow _, n — ...... ......, ., .. . and Sediment ,o. . m...., ......... — ition � .,..e ........_..—.� Slaniticance Excellent Good Fair Poor Relates to the level Riffle embedded < Riffle embedded 25 to Riffle embedded 50- t t % re°0a acoltorkltal l' of uncontrolled 25% sand / silt (45 % 49% sand / silt (35 to 59 75 % (60 to 85% 111516 ei (a larrger Norklrtr ) storm water runoff, for larger order % for larger order streams) embedded for larger sediment load, and streams) streams) transport and m�� ........ _ .,..,.eee .......... __.. ...... __..,,, ... .. degradation of in- Potential for high Potential for moderate Potential for low frtleattal fist ft , iir any, doup stream habitat number of deep pools number of deep pools. number of deep pttattla, 11nol aohatruic -NO (2 ft. or deeper). Pool Pool substrate 30-59 pools. Pool fici and saml1 till substrate < 30% sand / percent sand / silt. substrate is 60 to 80 silt percent sand / silt treatift4 auaa'h Streak marks or banana- Streak marks or Streak marks or banana- ratarks anal / rmr hat nn* shaped deposits are banana -shaped shaped deposits are very ahhatl aadittrartl uncommon deposits are common common �taulru�i F'roo"K haw sold Fresh, large sand deposits Fresh, large sand Fresh, large sand deposits dafraaita ar channel am in channel are uncommon. deposits In channel very common in channel. Mir ar ahmot No Small localized areas of are common. i Moderate to heavy sand aviider1t t4' iraalt fresh sand deposits along Moderate numbers of deposition along major de�rtramW'm art the top of low banks localized areas of portions of the overbank area ewan"hi utk Omko fresh sand deposits along the top of low banks Point hors are rats„ Point bars are small and Point bars are Point bars are moderate to atwtauih, atah lje� sand are stable, and are well moderate to large large sized and unstable, with m,,J0 vrmtfarratrai wild t trr vegetated and / or covered sized and Are high amounts of fresh sand e4vwvil Wth lltlhaow with amoderate amount of unstable. High present in most stroam bends oo ftt ah rrwid tta prrtrrt fresh sand amounts of fiesh _ �in barsa . � �. �m.�,,. ......... __._._ sand are common �w w ne Point ran . .... w, 7-8 ,..n ... 5-6 . ... 3-4 ....... ... ... ,,.... 0-2 ._, — ..w..e. Points alven 5 Table3-Instream Habitat ____ ............................... �Rclativ.. � ---_ ______ .. �............... .... Signlfieanee Excellent _ Good ... Fair .... � Poor � � -, Relates to the wetted perimeter >85 p wetted perimeter6l to85 wetted perimeter 40 to wetted perimeter < 40 ability of the percent of bottom percent of bottom channel 60 percent of bottom percent of bottom channel stream to meet channel width during width during seasons channel width during width during seasons basic physical seasons where water where water flows (non- seasons where water where water flows (non - requirements flows (non -storm storm water base flows) flows (non -storm water storm water base flows) necessary or the water.. base flows) a base flows) support of a wet I W �����.. ....... n..m balanced aquatic Evidence of riffles, Good mix between riffles, Few pools are present Dominated by one habitat community (i.e, runs and pools is runs, and pools. Evidence and riffles / runs type (usuallyruns) and one water temperature, present. Stream will of relatively diverse predominate. Depth is velocity! depth condition. water velocity, likely have areas of velocity and depth of flow shallower and more Velocity / depth diversity substrate type and diverse flow when when water is present. uniform. is very low. quality, etc...) water is present Riffles are composed Riffles represent a good Riffle substrate Riffle composition is of cobble, gravel, or mix of cobble, gravel, or composition is predominantly small gravel rubble with little sand rubble(25-49 % larger predominantly small vAth a high percentage of / silt (> 50 percent material) cobble with gravel and sand (<5 percentcobble). larger material) sand (5-24 % cobble) Riffle depths are ? 6 Riffle depths are 4.0 to 5.9 Riffle depths are 2.0 to Riffle depths are less than inches deep during inches deep during periods 3.9 inches deep during 2 inches deep during periods when water when water flows (non- periods when water periods when water flows flows (non -storm base storm base flows) flows (non -storm base (non -storm bwe flows) flows) flows) Large pools are Large pools are generally Large pools are Large pools are generally < generally > 24 inches 18 to 24 inches deep. generally 12 to 18 12 inches deep. deep, inches deep. No charmel alteration Slight amount of channel Moderate amount of Extensive channel modification channel modification modification Summer afternoon Summer afternoon water Summer afternoon Summer afternoon water water temperature in temperature in middle of water temperature in temperature in middle of middle of water water column 82 — 89 middle of water column water column > 94 degrees column < 82 degrees dcprees 89 94 degrees Point ranee 7-8 5-6 3-4 0-2 Points Riven . ..... 3 t ..._­11­11111 Table a. Water Quality (only applicable when the stream is actively flowing) . &. _ RclaHve Significance Excellent Good Fair Poor Indicative of Substrate fouling level Substrate fouling level Substrate fouling level Substrate fouling level watershed 0-10 % on the light (11-20 %) on the moderate (21-50 %) on high (> 50 %) on the perturbations / underside of rocks underside of rocks (refers the underside of rocks underside of rocks (refers general level of (refers to the to the percentage of a (refers to the percentage to the percentage of a human activity, percentage of a cobble cobble sized stone lying of a cobble sized stone cobble sized stone lying point and non- sized stone lying free free in the streambed that lying free in the free in the streambed that point source in the streambed that is coated with biological streambed that is coated is coated with biological pollutant loadings, is coated with growth). with biological growth). I growth). and aquatic habitat biol wp w.-... _ ..... _.. .. �.. ... conditions. Only ....... applicable during TDS 350 399 m L TDS 400-049 m L TDS 450_500 m L TDS >500 L m — times when the stream is actively Water has no odor Water has slight organic Water has slight— Water has moderate to flown B ... _..... odor .._. ._ _ moderate organic odor _ ......__ stronorganic odor Point range 7 8 5-6 3 4 0 2 Polnta given']__ No Flow Table .. 5. Ri arian Habitat ----- . ... ............... Conditions _ - Significance Excellent Good Fair Poor Provides insight Wide (<200 feet) Forested buffer generally Riparian area is Riparian area is mostly into changes in mature forested buffer more than 100 feet wide predominantly od , non -woody vegetation, stream energetics, along both banks along the major portion of but them major with narrow -width riparian temperature both banks localized gaps in one or areas. regimes, and both both bariks aquatic and _—_ ... ,..... m, . ............ _ -__ terrestrial habitat Canopy coverage Canopy coverage provides Canopy coverage Canopy coverage provides conditions. provides !� 80 percent 65-79 percent shading for a provides 45-64 percent <45 percent shading for a shading for a majority majority of the stream (45 shading for a majority majority of the stream (<30 of the a (> 60 to 59 percent for large of the stream (30-44 percent for large streams) percent for large streams) percent for large s s) streams) Point range 6-7 4 5 2 3 . ............................ 0 1 .... ....... Points van 5 ...... . ... ... __r Table 6....m B logical Indicators (only applicable when ........en the _ stream i .. .. s actively activ Relative Slnificance Excellent Good Fair Poor Considered to be Diverse community of Mayflies and caddisflies Pollution tolerant Low diversity, generally the best overall macroinvertebrates are present. Good overall caddisflies, midge larva dominated by midge larva indication of dominated by mayflies diversity or other dipterans or other dipterans, aquatic stream health and I and caddisflies. Few predominant, large worms, and snails. the level of snails, leeches, aquatic number of aquatic watershed worms present worms lower diversity a m....... perturbation. Moderate to high Moderate to high number Low to moderate Very low number of number of different of different organisms number of individuals individuals . . or anfsms Pointrange 7 8 5 6 3-4 0 2 Iven .Points........ No flow ......... .,. .. M,, D INT IN NATIVE 'TREE II....Il li City of Denton Native Plant List Habitat Type/Species Scientific Name Common Name R#j?�jtim Trees ... .... _..... .... ..... .�-._ - - Maclura pomifera Osage -orange Prunus mexicana Mexican plum Querces stellata Post oak Quercus simillis Bottomland Post Oak Rhus aromatic Fragrant sumac Rhus capallinum Winter sumac Rhus glabra Smooth sumac Prunus angustifolia Chickasaw plum Quercus shumardii Shumard red oak Cercis canadensis Redbud Carya illinoinensis Pecan Quercus macrocarpa Bur oak Fraxinum pennsylvanica Green ash Quercus muehlenbergii Chinkapin oak Sophora affinis Eve's necklace Amorpha fruticosa Indigobush Ilex decidua Deciduous holly Sideroxylon lanuginosum Gum bumelia Cornus drummondii Roughleaf dogwood Celtis laevegata Sugarberry Ulmus crassifolia Cedar elm Myrica cerifera Waxmyrtle Diospyros virginianum Common persimmon Platanus occidentalis Sycamore ... ...................... �.... Native Grasses .............................................................................................. Schizachyrium scoparium Little bluestem Andropogon gerardii Big bluestem eouteloua curtipendula Sideoats grama Paspalum floridanum Florida paspalum Panicum virgatum Switchgrass Tripsacum dactyloides Eastern gamagrass eouteloua gracilis Blue grama eouteloua hirsute var. pectinate Tall grama euchloe dactyloides Buffalograss Digitaria cognate Carolina crabgrass Eragrostis intermedia Plains lovegrass Eriochloa sericea Texas cupgrass Nasella leucotricha Texas wintergrass Sorghastrum nutans Indiangrass Arstida purpurea var. perplexa Purple threeawn Aristida purpurea var. wrightii Wright threeawn City of Denton Native Plant List Habitat Type/Species Scientific Name Common Name ..__ m eothriochioa laguroides ................rr ...... ..................... Silver bluestream Sporobolus compositus var. composites Tall dropseed Erosion Control Panicum virgatum Switchgrass Tripsacum dactyloides Eastern gamagrass Helianthus annus Annual sunflower Juncus spp. Juncus Leersia oryzoides Rice cutgrass Muhlenbergia reverchonii Seep muhly Panicum obtusum Panic grass Paspalum setaceum Thin paspalum Setaria parviflora Knotroot bristlegrass Tridens albescens White tridens Tridens muticus Slim tridens Tridens muticus var. elongates Rough tridens Urochloa fusca Browntop signalgrass Zizaniopsis miliacea Giant cutgrass Echinochloa sp. Barnyard grass Desmanthus illinoenis Illinois bundleflower Chomaecrista fasicculata Partridge pea Texas wildflower mix Appendilix IF GES RE.."ISTORA"noiN Plll...AN Groundwater & Environmental Services, Inc. ikA 101 East Southwest Parkway, Suite 114 Lewisville, TX 75067 1800.871.6417 April 9, 2018 David Madden Regulatory Division U.S. Army Corps of Engineers (CESWF-DE-R) 819 Taylor Street, Room 3A37 Fort Worth, Texas 76102-0300 Re: Villages at Carmel - Phase 4B NWP 29 Compliance - SWF-2016-00379 Dear Mr. Madden: Astra Development received authorization under Nationwide Permit (NWP) 29 from the US Army Corp of Engineers (USACE) to fill portions of onsite streams for the proposed Villages at Carmel — Phase 4B development in March 2017. As you and I recently discussed on the telephone, Astra Development inadvertently placed fill in a portion of ephemeral stream that was proposed to be preserved on the subject project site. The project proposed to fill 300 If of the 736 If of ephemeral stream on site. However, 702 linear feet of ephemeral stream have been filled. As requested, a restoration plan to facilitate the compliance with NWP 29 is enclosed. Astra Development is eager to comply with their permit and requests that the US Army Corps of Engineers confirm that they are now in compliance with NWP 29. Sincerely, 0 Joseph Schwartz Principal Environmental Scientist Astra Carmel, 1.....N.....0 J 11'11911� MAE, Villages at Carmel, Phase 4B SWF-2016-00379 Denton, Texas April 9, 2018 Version 1 Restoration Plan Villages at Carmel, Phase 4B Denton, Texas Joseph Schwartz Principal Environmental Scientist C. Keith Bradley, REP, CWB Director, Water and Natural Resources Restoration Plan Villages at Carmel, Phase 4B Denton, Texas Prepared for: Astra Carmel, LLC 3823 Greenville Avenue Dallas, Texas Prepared by: Groundwater & Environmental Services, Inc. 101 E Southwest Parkway Lewisville, TX 75067 TEL: 800-871-6417 www.gesonline.com GES Project: 4300116.08260.26007 Date: April 9, 2018 Page Restoration Plan Villages at Carmel, Phase 48 Denton, Texas ""'I"""'able �w)fCoritet°rts 1 Introduction.................................................................................................. __...... ,......... ..... 1 1.1 Project Area.................................................................................................................... 1 2 Goals and Objectives..................................................................a......,e.... e...,,....,...,...,....... 3 3 Description of Restoration Activities.................................................................................... 4 3.1 Stream A..........................................................................................._..........,,,................ 4 3.2 Protection of Aquatic Resources During Construction.................................................... 4 4 Planting Plan .................. ............................. .............. ,. .............. 5 4.1 Planting Schedule ................................................... ...................... ...................... 5 5 Success Criteria ...................... ................ ............ ,................. .......................................... 7 5.1 Ephemeral Stream..... ...... ......... ........, ,...,..,...,....., ......,.......,......,..... 7 5.2 Herbaceous Plantings ........... ....... ............. ...................................... .......... ........ ,..... 7 6 Performance Standards....w...v ............................... ......................... ....... .. ................. 8 6.1 Achievement of Restoration Plan Goals and Objectives .................................................. 8 7 Long -Term Management and Monitoring........................................e..........,...........,..........,. 9 7.1 Long -Term Operation and Management......................................................................... 9 7.2 Restoration Plan Implementation Schedule ....... ........... ........................ 9 7.3 Restoration Monitoring Plan.........................................................................................A0 7.4 Restoration Monitoring Compliance Reports..................................................................10 8 Contingency Plan ................................................. ........ ......... ...........,...... -.,..............11 9 Project Success/Responsible Parties.................................................................................12 � g � wes Figure 1 — Site Location Map for the Villages at Carmel Phase 4B Development site in Denton, Texas Figure 2 — Jurisdictional Waters at the Villages at Carmel Phase 4B Development site in Denton, Texas Figure 3 - Proposed vs. Actual Fill of Jurisdictional Waters at the Villages at Carmel Phase 4B Development site in Denton, Texas. Figure 4 — Channel Grading of Proposed Restored Ephemeral Stream at the Villages at Carmel Phase 4B Development site in Denton, Texas. Figure 5 — Channel Profile of Proposed Restored Ephemeral Stream at the Villages at Carmel Phase 4B Development site in Denton, Texas. Page ii Restoration Plan Villages at Carmel, Phase 48 Denton, Texas 0 Figure 6 — Channel Cross Section of Proposed Restored Ephemeral Stream at the Villages at Carmel Phase 4B Development site in Denton, Texas. TaNes Table 1 — Summary of Jurisdictional Waters and Unauthorized Fill for the Villages at Carmel Phase 4B Development in Denton, Texas. .... . . . - - . . ... ............ 1 Table 2 — Restoration Plant Material by Habitat Type.... ............... ......... .......................... 4 x W W Ilh' ui W Exhibit 1 - Restoration Monitoring Inspection Form for the Villages at Carmel Phase 4 Development Site Page ill Restoration Plan Villages at Carmel, Phase 4B Denton, Texas Astra Astra Carmel, LLC BMPs Best Management Practices GES Groundwater & Environmental Services, Inc. NWP Nationwide Permit PCN Preconstruction Notification TPWD Texas Parks and Wildlife Department USACE United States Army Corps of Engineers USFWS United States Fish and Wildlife Services Page iv "7 Restoration Plan Villages at Carmel, Phase 48 Denton, Texas This Restoration Plan has been developed to facilitate compliance of Astra Carmel, LLC (Astra) with Nationwide Permit (NWP) 29. Astra submitted a Preconstruction Notification (PCN) to the US Army Corps of Engineers (USACE) in October 2016 and received verification of coverage under NWP 29 in March 2017 (SWF-2016-00379). Astra's PCN indicated that 300 linear feet of ephemeral stream was proposed to be filled with clean fill to allow for the development of the residential subdivision. However, 702 linear feet of ephemeral stream have been filled. Groundwater & Environmental Services, Inc. (GES) has been contracted by Astra to facilitate the compliance with NWP 29. 1.1 Project Area The project site is an approximately 56.7-acre area located at the southwest corner of Swisher Road and Pockrus Page Road in Denton, Denton County, Texas (Figure 1). The site is currently cleared of vegetation and has been partially developed with roads and other infrastructure for the proposed residential development. The site is bordered by newly constructed residential developments to the north, rural residential land followed by Swisher Road to the east, Pockrus Page Road followed by residential developments to the south, and residential development to the west. As previously described in the Delineation of Waters of the United States report prepared by KBA EnviroScience, Ltd. (now GES) and dated February 2016, two ephemeral streams were located on the project site (Figure 2). Both streams have been filled by Astra Carmel, LLC. (Table 1). These features are considered "waters of the United States", and are therefore subject to federal regulation under the jurisdiction of the Corps. Two ephemeral streams totaling 736 feet (0.07 acres), Stream A and Tributary 1, were present on the site prior to being filled. As noted above, Astra was authorized to fill a total of 300 If of on - site stream; however, 702 If of stream has been filled, including all of Tributary 1 and 591 If of Stream A (Figure 3). Page 1 Restoration Plan Villages at Carmel, Phase 48 Denton, Texas Ell 0 i, arr"", I"Y ji,),I isdt ctior,4 H ff T', 1j"i e V 11 l stet„', a t C.,arr'fwl �NL iase 48 irr, Dei Ttor'f, '"f"exas, Page 2 Restoration Plan Villages at Carmel, Phase 48 Denton, Texas The onsite restoration included in the Restoration Plan for the site has one main goal: 1. Restore 591 linear feet of Stream A to its previous condition. The restoration area will be constructed and monitored with the following three objectives in mind to demonstrate whether the restoration goal has or has not been met: 1. Remove unauthorized fill from 591 If of Stream A; 2. Restore hydrology so that there is sufficient flow to maintain the bed and banks and ordinary high water mark in the channel; and, 3. Replace the functioning riparian buffer along the length of the restored stream. Page 3 Restoration Plan Villages at Carmel, Phase 48 Denton, Texas Proposed restoration includes the removal of unauthorized fill from approximately 591 feet of Stream A and ensure this area continues to receive sufficient hydrology to maintain the feature as a water of the US. Construction Plans are provided in Figure 4, 5, and 6. The location and extent of construction and restoration activities is indicated on the Construction Plans. Ground disturbing activities associated with restoration activities consist primarily of the excavation of the unauthorized fill. 3.1 Stream A Astra proposes to remove all unauthorized fill from 591 linear feet of jurisdictional waters in Stream A and restore the banks to preconstruction conditions. Approximately 220 cubic yards of dirt fill that was placed below the OHWM in Stream A will be removed from the stream and distributed in an upland location on site or disposed according to local, state, and federal regulations. To remove the unauthorized fill, excavation equipment will be stationed above the OHWM and material will be removed and placed in an upland location to await final disposition. No equipment or fill material will be placed in jurisdictional waters so as to avoid any additional unauthorized fill. Silt fence, hay bales, or similar sediment control device will be placed around stockpiled excavated material to prevent sediment from draining into waters of the US. Once the fill has been removed, the banks will be sloped to facilitate the establishment of a riparian buffer consisting of native vegetation. The riparian buffer will be at least 25 feet wide (Figures 4, 5, and 6). A mixture of herbaceous and woody vegetation will be planted on the restored areas. A list of approved vegetation from which plants can be selected for planting in the riparian area is shown in Table 2. 3.2 Protection of Aquatic Resources During Construction Project construction will be performed under the State of Texas Storm Water General Permit for Construction Activities and a Storm Water Pollution Prevention Plan. As directed by that Plan, best management practices (BMPs) will be employed to prevent the introduction of contaminants, including particulates, into the streams. Page 4 Restoration Plan Villages at Carmel, Phase 48 Denton, Texas Vegetation within the restoration area will result from plantings and, to a limited extent, natural establishment of plants. Plant species will be selected from those listed in Table 2. All of the species listed in Table 2 are native to the region. Not all of the species listed on Table 2 will be planted, and other native species may be substituted, pending approval by GES or the USACE. Uplands, buffer areas, and slopes will be seeded with grasses and forbs. Trees and shrubs will be planted to achieve a 50 stem/acre density. 4.1 Planting Schedule Trees and shrubs will be planted in the winter or early spring (during their dormancy). Forbs and grass seeds will be sown in the spring or late fall, depending on the species. In the interim, temporary vegetative cover will be established by seeding with wild rye, hydromulching, or installing erosion control blankets. "a 11 l e 2 A I, i' it I /,Y „ r;e i i, l I 1 y I}„ I itat f i, J r.;;;> Riparian "r�^ees Maclura pomifers Osage -orange Prunus mexicana Mexican plum Querces stellata Post oak Quercus simillis Bottomland Post Oak Rhus aromatic Fragrant sumac Rhus capallinum Winter sumac Rhus glabra Smooth sumac Prunus angustifolia Chickasaw plum Quercus shumardii Shumard red oak Cercis canadensis Redbud Carya illinoinensis Pecan Quercus macrocarpa Bur oak Fraxinum pennsylvanica Green ash Quercus muehlenbergii Chinkapin oak Sophora affinis Eve's necklace Amorpha fruticosa Indigobush Ilex decidua Deciduous holly Sideroxylon lanuginosum Gum bumelia Corpus drummondii Roughleaf dogwood Celtis laevegata Sugarberry Ulmus crassifolia Cedar elm Myrica cerifera Waxmyrtle Diospyros virginianum Common persimmon Platanus occidentalis Sycamore Page 5 Restoration Plan Villages at Carmel, Phase 48 Denton, Texas dative Grasses Schizachyrium scoparium Little bluestem Andropogon gerardh Big bluestem Bouteloua curtipendula Sideoats grama Paspalum floridanum Florida paspalum Panicum virgatum Switchgrass Tripsacum dactyloides Eastern gamagrass Bouteloua gracilis Blue grama Bouteloua hirsute var. pectinata Tall grama Buchloe dactyloides Buffalograss Digitaria cognate Carolina crabgrass Eragrostis intermedia Plains lovegrass Eriochloa sericea Texas cupgrass Nasella leucotricha Texas wintergrass Sorghastrum nutans Indiangrass Arstida purpurea var. perplexa Purple threeawn Arsstida purpurea var. wrightii Wright threeawn Bothriochioa laguroides Silver bluestream Sporobolus compositus var. composites Tall dropseed Erosion Control Panicum virgatum Switchgrass Trpsacum dactyloides Eastern gamagrass Helianthus annus Annual sunflower Juncus spp. Juncus Leersia oryzoides Rice cutgrass Muhlenbergia reverchonii Seep muhly Panicum obtusum Panic grass Paspalum setaceum Thin paspalum Setaria parviflora Knotroot bristlegrass Tridens albescens White tridens Tridens muticus Slim tridens Tridens muticus var. elongates Rough tridens Urochloa fusca Browntop signalgrass Zizaniopsis miliacea Giant cutgrass Echinochloa sp. Barnyard grass Desmanthus illinoenis Illinois bundleflower Chamaecrista fasicculata Partridge pea Texas wildflower mix Page 6 Restoration Plan Villages at Carmel, Phase 48 Denton, Texas Successi ri 5.1 Ephemeral Stream The restoration of Stream A will be considered successful when the following criteria are met: 1. The stream channel has been excavated and has abed and banks approximately six feet wide. 2. The stream channel has a consistent ordinary high water mark approximately four feet wide and approximately two feet above the bed of the stream. 3. The approximately 25-foot wide riparian buffer has been established. 5.2 Herbaceous Plantings Plantings of forbs and grasses in designated areas will be considered successful when the following criteria are met: 1. Restoration areas exhibit an 80% area coverage three years after planting or replant until an 80% coverage is achieved three years after the most recent remedial planting. 2. None of the three most dominant species are non-native or noxious species. 5.3 Tree and Shrub Plantings Plantings of tree and shrubs in designated areas will be considered successful when the following criteria are met: 1. Restoration areas exhibit a tree density of 50 trees per acre three years after planting or replant until the 50 trees per acre density is achieved three years after the most recent remedial planting. 2. None of the three most dominant species are non-native or noxious species. Page 7 Restoration Plan Villages at Carmel, Phase 48 Denton, Texas The responsible party shall maintain the restored area to comply with the conditions above until such time as the responsible party provides documentation to, and receives verification from, the USACE, that areas within the restoration area meet the following performance standards: 1. Restored ephemeral stream meets the definition of waters of the U.S. under the Regulatory Program regulations applicable at the time the project is authorized. 2. Buffer zone is functioning as the intended type of ecosystem component and at the level of ecological performance prescribed in this restoration plan. 3. All Success Criteria are met. 6.1 Achievement of Restoration Plan Goals and Objectives The Restoration Plan objectives allow measurement of whether or not implementation of the Plan has accomplished the goals. Proper implementation of the Plan is expected to accomplish the objectives in the following manner: Objective: Remove unauthorized fill from 591 If of Stream A The removal of unauthorized fill from Stream A will allow for the restoration of the aquatic habitat that was present prior to construction. This objective will be measured by observing that the fill has been removed. Objective: Restore hydrology to Stream A so that there is sufficient flow to maintain the bed and banks and ordinary high water mark in the channel. Restoring hydrology to Stream A will allow for the development and perpetuation of bed and banks and the establishment of an ordinary high water mark. This objective will be measured by observing the existence of a bed and bank and the continued existence of an ordinary high water mark. Objective: Replace the functioning riparian buffer along the length of the restored stream. Replacing the cleared riparian buffer will help filter sediment and other pollutants, provide shade to moderate temperatures, and provide allochthonous nutrients for aquatic biota. This objective will be measure by observing the riparian vegetation along the stream. All field observations will be recorded on the Restoration Monitoring Inspection Form for the Villages at Carmel, Phase 4 Development (Exhibit 1). Page 8 Restoration Plan Villages at Carmel, Phase 48" Denton, Texas 7.1 Long -Term Operation and Management With the exception of the excavation of the stream channel and the establishment of vegetation, the restored areas are not expected to require substantial operation and maintenance. Long-term operation and management activities for the restoration areas are expected to consist of three basic activities: 1. Routine inspections of the restoration areas, before, during, and after the compliance period; 2. Vegetation management; and 3. Trash removal. The restoration areas will be inspected by GES, or a similar qualified independent Biologist, at least twice a year (spring and fall) in the first three years after construction. A baseline inspection will be conducted before initiation of construction. Inspection reports will be submitted to the USACE by October 1 st of each year. Thereafter, once the USACE has agreed that the restoration area has met all of the required success criteria and performance standards, routine inspections of the restoration area will be the responsibility of the applicant. These inspections serve to monitor the success and condition of the restoration area and if necessary, evaluate options to improve the quality and performance of the restoration area. Even the most carefully planted areas are likely to have some areas where the vegetation does not survive. Factors such as herbivory, poor plant stock, high water levels, poor substrate, and many other unpredictable factors may require an additional round of reinforcement plantings after one or two growing seasons. Information obtained during inspections should guide re -plantings and any necessary modifications to the overall vegetation plan. Irrigation will be provided as necessary to ensure the survival of riparian and upland vegetation. If survivability is a problem after the first season, more tolerant species will be considered. Trash Removal The hand removal of trash and debris within the restoration areas will be performed as needed to improve the condition and quality of the areas. 7.2 Restoration Plan Implementation Schedule Construction activities within waters of the U.S. are expected to commence when authorization is granted by USACE. Planting of the restoration areas will start once excavation activities are complete. A baseline inspection will be conducted prior to excavation and monitoring of the restoration area will begin in the next fall or spring season. Monitoring of the restoration area will Page 9 Restoration Plan Villages at Carmel, Phase 48 Denton, Texas occur twice a year (once in the spring and once in the fall) for at least three years thereafter to monitor the survival rates and the overall success of the restoration areas; or until the project has been released from monitoring by the USACE. 7.3 Restoration Monitoring Plan The site will be evaluated for the establishment of an ephemeral stream with a consistent OHWM and functioning riparian buffer, the presence of habitat for aquatic and terrestrial wildlife, and whether or not the restoration area is meeting the planting success criteria and performance standards. Information gathered during monitoring site visits will be included on the Restoration Monitoring Inspection Form for the Villages at Carmel, Phase 48 Development (Exhibit 1). Sampling points will be established and permanent photographic stations will be established within the restoration area to provide a photographic record of the project. In the event that the restoration area is not meeting the planting success criteria or the performance standards set forth by this restoration plan at the end of the established monitoring period, monitoring will continue until the USACE determines that the restoration area is stabilized and performing as intended. A copy of the inspection report will be provided to the USACE by October 1st of each year. 7.4 Restoration Monitoring Compliance Reports Information will be provided to the USACE regarding monitoring results, restoration success, and general compliance with the terms and conditions agreed upon by Astra Carmel, Ltd. and the USACE. In addition to the monitoring form, the report will include the following elements: 1. A summary of all activities that occurred during the reporting period; 2. documentation of the progress and/or completion of all authorized work, including work required under the restoration plan; 3. documentation of compliance with all permit conditions, including erosion control; 4. representative photographs of the progress and success of restoration work accomplished; and 5. documentation that disturbed areas with exposed slopes, such as borrow ditches and stream banks are addressed appropriately and revegetating adequately and not suffering erosion damage. A copy of each monitoring report will be submitted to the USACE until the USACE deems that Astra Carmel, Ltd. has successfully completed all restoration plan components, the restoration area has met the performance standards, including planting success requirements included in the plan, and all authorized construction activities have either been completed or deleted from the project. Page 10 Restoration Plan Villages at Carmel, Phase 48 Denton, Texas The following contingencies are relevant to this Restoration Plan: 1. Manual removal of invasive plants will be performed as needed. If this method does not meet the need of the area to be cleared of noxious or invasive vegetation, other low - impact techniques such as selective chemical treatment, burning, shredding, and disking may be used when practicable. 2. Irrigation will be provided as necessary to ensure the survival of riparian and upland vegetation during the first growing season. If survivability is a problem after the first season, more tolerant, native species may be planted. 3. Any changes to the restoration plan, other than plant species to be planted, may require prior authorization by the USACE. If modifications are deemed necessary, a modification request will be submitted to the USACE for approval and authorization must be granted before these modifications may occur. 4. No known cultural resources are located within restoration areas of the project site. However, if cultural resources are encountered during construction, work will cease in the immediate area; work can continue in the project area where no cultural materials are present. In the discovery area, work will cease and the contractor will notify the State Historical Preservation Office. 5. Should a listed threatened or endangered species be encountered during the implementation of this plan, work shall cease in the immediate area and the contractor will notify TPWD and USFWS. 6. Other corrective actions, such as storm water BMPs, will be applied as needed to accomplish the Restoration Plan objectives. Page 11