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.
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Villages of Carmel Phase 4B 7
AESA Restoration Plan
January 3, 2019
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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✓
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/
/�
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04
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(/
�
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/ r
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"
yJ
r%1
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//�.
,,,
/
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�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
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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
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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.
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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).
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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