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AESA20-0003dS:\Legal\Our Documents\Ordinances\20\AESA20-0003 - Reconsideration Of Forestar Rayzor AES A.Docx ORDNANCE NO AESA20-OO03d AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING AN ALTERNATIVE ENVIRONMENTALLY SENSITIVE AREA PLAN FOR APPROXIMATELY 213.9-ACRES OF LAND GENERALLY LOCATED NORTH OF THE 3500-3600 BLOCK OF ROSELAWN DRIVE AND THE EAST SIDE OF THE KANSAS CITY SOUTHERN RAILROAD TRACKS IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S OFFICIAL ENVIRONMENTALLY SENSITIVE AREAS MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (AESA20-0003) WHEREAS, Brock Pnster ofKimley-Horn Engineering, on behalf of Forestar (USA) Real Estate Group, Inc. (“Applicant”) has applied for an Alternative Environmentally Sensitive Area (ESA) Plan on an approximately 213.9-acres of land as described in Exhibit “A“ and depicted on the map provided on Exhibit “B,” herein by reference (the “Property”); and WHEREAS, the purpose of the Alternative ESA Plan for the Property, attached as Exhibit “C,” is to mitigate encroachments from storm water utilities across Water-Related Habitat and Riparian Buffer; and WHEREAS, on August 5, 2020, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, gave requisite notices by publication and otherwise, afforded full and fair hearings to property owners and interested citizens, and recommended approval with conditions (6 - 0) of the Alternative ESA Plan on the Property; and WHEREAS, on August 18, 2020, the City Council likewise conducted a public hearing as required by law but postponed action on the Alternative ESA Plan so that the Applicant could provide a tree assessment of the area to be disturbed and of the Upland Habitat Environmentally Sensitive Area; WHEREAS, on August 25, 2020, the City Council approved the motion to reconsider the postponement of the Alternative ESA Plan; and WHEREAS, on September 15, 2020, City Council reviewed the Applicant’s request and found that the Alternative ESA Plan satisfies all substantive and procedural standards set forth in Section 35.3.4 of the 2002 Denton Development Code, and is consistent with the Denton Plan and the Denton Development Code; and WHEREAS, the City Council of the City of Denton, in considering the application for an Alternative ESA Plan for the Property have determined that the proposed use for the Property 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 ESA Plan is in the public interest and should be granted as set forth herein with respect to the Property; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The Alternative ESA Plan for the Property is hereby approved with the following conditions: 1. 2. 3. Land disturbance within the Water-Related Habitat is limited to 0.08 acres and land disturbances within the Riparian Buffer ESA is limited to 0.30 acres for the installation of storm water drainage infrastructure. The applicant will consider the preservation of heritage or quality trees in finalizing the location of the storm water infrastructure. The applicant will provide the metes and bounds of the final location of each storm water infrastructure with the first annual report. Revegetation of disturbed areas and privet removal areas will include an application of native seed mix and a minimum of twenty (20) large trees, thirty (30) small trees, fourteen (14) large shrubs, and twenty-six (26) medium shrubs. The species of plants shall be limited to those listed in Table 1 of the Alternative ESA Plan. Plants established as a part of the proposed revegetation plan are to be seeded and maintained by the current property owner/developer for a period of three (3) years following installation of each storm drainage channel. Any plants that are removed, destroyed, or die within that three (3) year period are required to be replaced by the current property owner/developer to achieve a minimum 90% survival rate. Following the installation and inspection of the revegetation, the property owner shall submit an annual report to the Environmental Services Director during the first three (3) years describing the cumulative mitigation work performed and the survivability of the plantings for staff review and inspection. 4. 5. SECTION 3. The City’s official ESA map is hereby amended to show the change in the Alternative ESA designation and classification for the Property. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. 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 7. 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 Page 2 of 3 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. Gp'QcA HaJspe\t\ ,„}The motion to approve this ordinance was made by seconded by %BSc X>cd iS , the o the following vote [k - L] : inance was passed abd approved byr Aye 34 ./ V/ J Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1 : Keely G. Briggs, District 2: Jesse Davis, District 3 : John Ryan, District 4:V/ Deb Armintor, At Large Place 5 :,/ Paul Meltzer, At Large Place 6:L PASSED AND APPROVED this, the \ Stb d,y of 1 \era 2 CHRIS WA'li{tdi ATTEST: ROSA RIOS, CITY SECRETARY BY: J'a2 Z2 APPROVED AS TO LEGAL FORM: RTUAARON LEAL, CITY A dE/BY N Page 3 of 3 LEGAL DESCRIPTION 213.9613 ACRES BEING a tract of land situated in the Asa Hickman Survey, Abstract No. 521 and the A N B Tompkins Survey, Abstract No. 1246, City of Denton, Denton County, Texas, being all of Lots 3- 10, Block 2, Lots 1-8, Blocks 3, Lots 1- 5, Block 4, and part of Lots 1-4, Block 5, Home Acres, an addition to the City of Denton, Texas according to the plat recorded in Cabinet A, Page 177, Plat Records of Denton County, Texas, and being part of “Section 11. TRACT TWO and TRACT THREE” described in Special Warranty Deed to Rayzor Investments, Ltd. recorded in Volume 1796, Page 601, Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2-inch iron rod with plastic cap stamped “G&A CONSULTANTS" found at the intersection of the north right-of-way line of Roselawn Drive (a variable width right-of-way) and the east line of Kansas City Southern Railroad (150-foot wide right-of-way), and being the beginning of a curve to the left having a central angle of 14'04'35", a radius of 5804.65 feet, a chord bearing and distance of North 22'50'37" West, 1422.49 feet; THENCE in a northwesterly direction, with said east line of Kansas City Southern Railroad and said curve to the left, an arc distance of 1426.07 feet to a 1/2-inch iron rod found in the south line of a tract of land described in Assumption Warranty Deed to Baltazar Mesta recorded in Document No. 2004-57002, Official Records of Denton County, Texas; THENCE departing said east line of Kansas City Southern Railroad and with said south line of Baltazar Mesta tract, North 89'16'19" East, a distance of 585.20 feet to a 5/8-inch iron rod with plastic cap stamped “KHA" set for the southeast corner of said Baltazar Mesta tract; THENCE with the east line of said Baltazar Mesta tract, North 0'00'06'’ East, a distance of 1339.36 feet to a 5/8- inch iron rod with plastic cap stamped “KHA” set in the south line of a tract of land described in Warranty Deed with Vendor's Lien to Michael Harry Drury recorded in Volume 708, Page 979 of said Deed Records, for the northeast corner of said Baltazar Mesta tract; THENCE with the south line of said Michael Harry Drury tract, South 89'37'21" East, a distance of 180.39 feet to a 5/8-inch iron rod with plastic cap stamped “KHA” set for the southeast corner of said Michael Harry Drury tract; THENCE with the east line of said Michael Harry Drury tract, North 0'48'59" West, a distance of 281.50 feet to a 5/8-inch iron rod with plastic cap stamped “KHA” set in the south line of Lot 1, Block A, Drury Addition, an addition to the City of Denton, Texas according to the plat recorded in Cabinet F, Page 298 of said Plat Records, for an inner eII corner of said Michael Harry Drury tract; THENCE with the south line of said Lot 1, Block A, Drury Addition, North 89'01'13" East, a distance of 323.62 feet to a 5/8-inch iron rod with plastic cap stamped “GERRY CURTIS RPLS 1640" found for the southeast corner of said Lot 1, Block A, Drury Addition; THENCE with the east line of said Lot 1, Block A, Drury Addition and the east line of a tract of land described in Warranty Deed with Vendor's Lien to Michael H. Drury recorded in Volume 885, Page 24 of said Deed Records, North 0'28'51'’ West, a distance of 1039.33 feet to a 5/8-inch iron rod with plastic cap stamped “KHA” set for corner; from said point a 5/8-inch iron rod with plastic cap stamped “GERRY CURTIS RPLS 1640" found bears North 68'12'51" West, a distance of 1.79 feet; THENCE departing said east line of Michael H. Drury tract, South 88'55'41" East, a distance of 1630.23 feet to a 5/8-inch iron rod with plastic cap stamped “KHA” set for a westerly outter ell corner of Taylor Park Subdivision, an addition to the City of Denton, Texas according to the plat recorded in Cabinet A, Page 54 of said Plat Records; from said point a 5/8-inch iron rod with plastic cap stamped “GERRY CURTIS RPLS 1640" found bears North 79'47'25" West, a distance of 1.26 feet; THENCE with the west line of said Taylor Park Subdivision, South 0'47'00" West, a distance of 1282.80 feet to a 5/8-inch iron rod with plastic cap stamped “KHA” set for the southwest corner of said Taylor Park Subdivision; from said point a 5/8-inch iron rod with plastic cap stamped “GERRY CURTIS RPLS 1640” found bears North 57'S8'15" West, a distance of 2.24 feet; THENCE with the south line of said Taylor Park Subdivision, North 89'36'26" East, a distance of 265.69 feet to a 5/8-inch iron rod found for the northwest corner of a tract of land described in Warranty Deed to Denton Independent School District recorded in Volume 518, Page 89 of said Deed Records; THENCE departing said south line Taylor Park Subdivision and with the west line of said Denton Independent School District tract, South 16'38'42" East, a distance of 1083.06 feet to a 5/8-inch iron rod found for the southwest corner of said Denton Independent School District tract; THENCE with the south line of said Denton Independent School District tract, South 89'36'54" East, a distance of 184.91 feet to a 5/8-inch iron rod with plastic cap stamped “KHA” set for corner; THENCE departing said south line of Denton Independent School District tract, South 0'13'21" East, a distance of 1154.37 feet to a 5/8-inch iron rod with plastic cap stamped “KHA” set in the north right-of-way line of Roselawn Circle (a variable width right-of-way); THENCE with said north right-of-way line of Roselawn Circle, South 89'35'32" West, a distance of 519.00 feet to a 1/2-inch iron rod with plastic cap stamped “BH&C" found for the southeast corner of Lot 1, Block A, Roselawn Elevated Storage Tank Addition, an addition to the City of Denton, Texas according to the plat recorded in Cabinet Y, Page 777 of said Plat Records; THENCE departing said north right-of-way line Roselawn Circle and with the east line of said Lot 1, Block A, Roselawn Elevated Storage Tank Addition, North 0'00’32" East, a distance of 325.00 feet to a 1/2-inch iron rod with plastic cap stamped “BH&C" found for the northeast corner of said Lot 1, Block A, Roselawn Elevated Storage Tank Addition; THENCE with the north line of said Lot 1, Block A, Roselawn Elevated Storage Tank Addition, South 89'35'32" West, a distance of 340.00 feet to a 1/2-inch iron rod with plastic cap stamped “BH&C" found for the northwest corner of said Lot 1, Block A, Roselawn Elevated Storage Tank Addition; THENCE with the west line of said Lot 1, Block A, Roselawn Elevated Storage Tank Addition and with the west right- of-way line of said Roselawn Circle, South 0'00’32" West, a distance of 783.29 feet to a 5/8-inch iron rod with plastic cap stamped “GERRY CURTIS RPLS 1640” found at the intersection of said north right-of-way line Roselawn Circle and said north right-of-way line of Roselawn Drive; THENCE with said north right-of-way line of Roselawn Drive, the following courses and distances: South 89'14'11" West, a distance of 696.11 feet to a 1/2-inch iron rod with plastic cap stamped “G&A CONSULTANTY’ found for corner; South 89'48'31'’ West, a distance of 1346.80 feet to the POINT OF BEGINNING and containing 213.9613 acres or 9,320,155 square feet of land. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983 (2011). Ag LAUREE Sdf a AESA20-0003 gUdAR Gb~dd ms a iWW bia Rayzor Forestar Alternative Environmentally Sensitive Area (AESA) Report (AESA20-0003) September 2020 For compliance with: City of Denton Environmentally Sensitive Areas Assessment (ESAI 9-0028) City of Denton Preliminary Plat (PPI 9-0019) Prepared by: Kimley-Horn and Associates Inc. 13455 Noel Road, Two Galleria Tower, Suite 700 Dallas, Texas 75240 Prepared for: Forestar Group 2221 E. Lamar Blvd., Suite 790 Arlington, Texas 76006 Kimley »>Horn Table of Contents Introduction and Authority/Purpose and Need for Action Description of Overall Development ............. Existing Site Description.................... Riparian Buffer ESA. Water Related Habitat ESA... Undeveloped Floodplain ESA ........... Purpose of AESA . .....................,......... Notification and Review ................ Affected Environment and Summary of Impacts Mitigation Activities . . ...................................... Proposed Revegetation . ... .. .. . ... . .......... .. Erosion Control Compliance with Authorities...................... Annual Reporting....................... Summary ............................ Annual Reporting Contacts 2 2 2 .2 2 3 Figures Figure 1 – Vicinity Map Figure 2 - Onsite ESAs Map Figure 3 - ESA Proposed Impacts Map Appendices Appendix I - Tree Impact Exhibit Appendix 2 - Approximate Landscape Plan and Examples of Proposed Vegetation Appendix 3 – Proposed Erosion Control Plan Forestar Rayzor AESA Report September 2020 Introduction and Authority/Purpose and Need for Action Kimley-Horn and Associates was retained by Forestar for Civil Engineering and Environmental Services for the Forestar Rayzor project. This Alternative Environmentally Sensitive Area (AESA) Report is being submitted to the City of Denton under the Denton Development Code (DDC) Subchapter 35.3.4.5* request approval for impacts to Environmentally Sensitive Areas (ESA). This AESA Report proposes mitigation measures for the impacts required to construct functioning stormwater control structures for the proposed single-family residential neighborhood 'The Preliminary Plat was approved under the 2002 DDC, therefore the AESA is subject to the same code Description of Overall Development The proposed Forestar Rayzor project is approximately 214-acres in size located north of Roselawn Drive and east of the Kansas City Southern Railroad in the City of Denton, Denton County. Texas (Figure 1). The southern extent of Kendolph Drive intersects the northern boundary of the site. The proposed project includes the construction of a single-family residential development including access roads and associated utilities and infrastructure. The current zoning for this tract is NR-4 which allows a density of 4 to 12 units per acre. The proposed development is for approximately 710 total units equivalent to a density of 3.30 units per acre, which is less than what is allowed by zoning. Existing Site Description The project consists of primarily forests and open fields. Kimley-Horn Environmental staff conducted a site visit to the project area on November 28, 2018 and August 9, 2019 to confirm environmentally sensitive areas (ESA) mapped by the City of Denton and to identify aquatic features that would likely be determined to be regulated aurisdictional) by the U.S. Army Corps of Engineers (Corps). It was determined that there were two likely jurisdictional streams on the property. In association with the two jurIsdictional streams, a 50-foot Riparian Buffer ESA was identified on either side of each stream channel Upland Habitat, Water Related Habitat, and Undeveloped FEMA Floodplain ESAs were also identified within the study area. The onsite streams and ESAs identified during the site reconnaissance and the previous City mapped ESAs are shown in the previous ESA Assessment, ESA19-0028. The ESAs addressed in this restoration plan are as follows: Riparian Buffer ESA Two likely jurisdictional streams were identified within the study area. The first stream, labeled as S1 on Figure 2, is an intermittent stream flowing south for approximately 3,620-linear feet from the northeastern boundary to the southern boundary of the study area. The second stream, labeled as S2, is an ephemeral stream branching off the western side of the intermittent stream and flowing for approximately 210-linear feet before converging back into the first stream. The Riparian Buffer ESA surrounding the intermittent stream was previously mapped by the City of Denton which generally encompassed the ephemeral stream as well. Kimley-Horn re-mapped the Riparian Buffer based on the delineation of S1 and S2. The updated Riparian Buffer ESAs are shown in Figure 2. The shapefiles associated with the Stream Buffer ESA were provided to City staff on September 3, 2019 and have been uploaded to the City’s GIS. Water Related Habitat ESA Water Related Habitat ESA was identified along portions of the intermittent stream in the form of bottomland hardwood forests as defined by the City of Denton. Water Related Habitat ESA was previously mapped by the City of Denton along the southern portion of S2; however, Kimley-Horn Forestar Rayzor AESA Report September 2020 2 identified the habitat along the northern portion as well. The updated Water Related Habitat ESAs are shown in Figure 2. The shapefiles associated to the Water Related Habitat ESA were provided to City staff on September 3, 2019 and have been uploaded to the City’s GIS. Undeveloped Floodplain ESA Undeveloped Floodplain ESA was mapped along the southern portion of the intermittent stream, intersecting both Riparian Buffer and Water Related Habitat ESAs. The Floodplain ESA is associated to FEMA 100-year floodplain Zone AE and the associated shapefiles were provided to City staff on September 3, 2019 and have been uploaded to the City’s GIS. Purpose of AESA The purpose of the Alternative Environmentally Sensitive Area Report is to propose mitigation for the impacts to the Riparian Buffer and Water Related Habitat ESAs caused by the construction of four storm water drainage channels. No additional impacts, beyond what is permitted in the DDC, are proposed to the Upland Habitat ESA as a part of this report. The proposed structures would consist of excavating a channel that will direct storm water from an outfall, located outside of the ESAs, to the adjacent stream channel Consolidating the stormwater into the respective channels will limit the erosion caused by increased overland flow from the residential development. Grading required for the construction would be limited to approximately 12,900-square feet (0.30-acres) within the Riparian Buffer, 3,050-square feet (0.08-acres) in the Water Related Habitat, and approximately 7,200-square feet (0.17-acres) in the Undeveloped Floodplain for a total of 23,150-square feet (0.55-acres) of impacts within the ESAs and is the minimum necessary for the channel construction. Figure 3 shows the proposed impacts to both ESAs. Impacts are also proposed to the Riparian Buffer and Water Related Habitat ESA with the extension of Parvin Street across S1 and improvements to the existing Roselawn Drive. Both Parvin Street and Roselawn are identified on the City Mobility Plan; therefore, per the DDC the roadway improvements are a permitted activity within the ESAs and do not require an approved AESA plan. Plans to restore the area to minimize erosion and promote recovery of the ESA have been provided in the Erosion Control Plan within the Civil Engineering Plans. The roadway crossing and improvements will be covered under a Corps Nationwide Permit 14 (Linear Transportation Projects) under a non-notifying scenario. Additional Project information is available from City of Denton Case Number ESA19-0028 and PP19-0019 within ProjectDox. The preliminary plat was approved by the City of Denton on February 5, 2020. Notification and Review This AESA Report explaining the mitigation measures for impacts to ESAs will be provided to the City of Denton for formal notification of the activity and review of the proposed restoration activity. The drainage channels and related construction activities will remain outside of the ordinary high water mark* (OHWM) of the jurisdictional streams; therefore, permitting through the Corps is not required for the outfall structures ' Under the Clean Water Act, the OHWM defines the lateral limits of federal jurisdiction for non-tidal waters of the U.S Affected Environment and Summary of Impacts Figure 2 shows the Riparian Buffer, Water Related Habitat, and Undeveloped Floodplain ESAs associated with jurisdictional streams identified by Kimley-Horn environmental staff during the site reconnaissance. The main intermittent stream channel, S1, flows south from the northeast boundary of the Site to the Forestar Rayzor AESA Report September 2020 3 southern boundary of the Site. A second, ephemeral stream branches off the main channel before re- converging further south. The 50-foot Riparian Buffer ESA associated with the ephemeral stream overlaps that of the intermittent stream channel, forming only one polygon representing the ESA. The Riparian Buffer covers approximately 8.4-acres of the study area. The Water Related Habitat ESA extends outside of the Riparian Buffer and covers approximately 8.7-acres. The Undeveloped Floodplain ESA covers approximately 6.0-acres of the study area. The Riparian Buffer and Water Related ESAs overlap in multiple locations along the stream channel, while the Floodplain ESA is only located along the southern portion of the stream channel. The project is proposing to construct four stormwater drainage channels within the onsite Riparian Buffer and Water Related Habitat ESAs. One of the drainage channels also intersects the Undeveloped Floodplain ESA. The drainage channels will consist of grading a pathway from a storm water outfall to the adjacent stream channel to prevent erosion from increased overland flow. The location and size of these channels have been determined by evaluating the natural topography as well as proposed grading using the Modified Rational Method per the City of Denton requirements. All vegetation within the path of the channels will be removed during the initial construction; however, the impacts will be limited to the minimum extent necessary to construct a functional drainage pathway. The proposed impacts from the construction of the drainage channels are limited to 0.30-acres in the Riparian Buffer ESA, 0.08-acres of Water Related Habitat, and 0.17-acres of Undeveloped Floodplain ESA for a total of 0.55-acres of impacts within the study area. Invasive species consisting primarily of invasive Chinese privet (Ligustrum sinense) , will be removed from an additional 10-feet of understory measured from each side of the impact areas and replaced with native shrubs. The total impacts are shown on Figure 3. The vegetation within the proposed Riparian Buffer and Water Related Habitat impact areas, shown in Figure 3, includes a combination of both native and invasive species. A tree inventory in and around the proposed channel impact areas was completed in August 2020. The proposed impact areas were adjusted following the tree inventory to minimize the impacts to mature, native tree species. Tree species within the impact area included catalpa (Catalpa speciosa) , honey locust (Gleditsia triacanthos) , slippery elm (Ulmus rubra) , hackberry (Celtis laevigata), Chinese pistache (Pistacia chinensis) , mesquite (Prosopis glandulosa), post oak (Quercus glandulosa), and pecan (Carya illinoinensis). A majority of the understory consisted of Chinese privet. Chinese privet was the dominant understory species within the Riparian Buffer ESA, exhibiting upwards of 30 to 50 percent cover in portions of the ESA. Herbaceous cover along the upper bank of the streams included rough cocklebur (Xanthium strmarium) , dog fennel (Eupatrium capillifolium) , and giant ragweed (Ambrosia trtfida) . The trees to be removed are shown in Appendix 1 and described in Table 1 below. The proposed trees to be removed totals 154.4 caliper inches from 13 trees. However, a majority of the trees proposed to be removed in crossing 3 were of poor health (declining or hazard). The proposed healthy trees to be removed totals 76.9 caliper inches from 8 trees Table 2. A selection of native woody species considered for planting in the AESA. Tag#DBH (caliper inches) Common Name Scientific Name Condition Multiple- Stemmed Crossing 1 Catalpa speciosa Catalpa speciosa Gleditsia triacanthos 7327 7328 7329 10.4 9.1 6.8 Catalpa Catalpa Honey Locust Healthy Healthy Healthy Multi Single Multi Forestar Rayzor AESA Report September 2020 4 Table 2. A selection of native woody species considered for planting in the AESA. Tag#DBH (caliper inches) Common Name Scientific Name Condition Multiple- Stemmed Multi Crossing 2 Honey Locust Gleditsia triacanthos Crossing 3 7312 7.2 Healthy 7014 7015 7016 7017 7018 7028 15.9 10.2 31.5 9.3 19.7 6.4 Slippery Elm Slippery Elm Slippery Elm Hackberw Slippery Elm Chinese Pistache Ulmus rubra Ulmus rubra Ulmus rubra Celtts laevigata Ulmus rubra Pistacia chinensis Crossing 4 Prosopis glandulosa Quercus stellate Declining Declining Declining Hazard Declining Healthy Single Single Multi Single Single Multi 6009 6020 6021 Total Total Healthy 11.4 13.0 12.6 154.4 76.9 Mesquite Post Oak Pecan Healthy Healthy Healthy Forked Single SingleCarya illinoinensis Mitigation Activities Impacts to the RIparian Buffer ESA, Water Related Habitat ESA, and Undeveloped Floodplain ESAs are shown in Figure 2 are minimal and limited to the four drainage channels required to direct stormwater flow from the proposed residential development to the adjacent stream channel. Vegetation will be removed during the initial construction of the drainage structures. No additional adverse impacts to the streams or surrounding ESAs are expected from the construction. Following the construction of the drainage channels a contractor will be instructed by Forestar to replant native vegetation within the channels and the immediate area impacted by the construction (impact areas identified on Figure 3). Once revegetated, the resulting AESA will continue to provide native habitat while also aiding in stormwater management for the residential development. The southern-most of the storm water drainage channels that are the subject of this Alternative ESA Plan will cause disturbances in the Undeveloped Floodplain ESA that overlaps with Riparian Buffer ESA and Water-Related Habitat. Pursuant to DDC Section 35.17.B.1.c. , the disturbance of Undeveloped Floodplain is a permitted activity for the placement of this utility facility as long as the disturbed area is restored to minimize erosion and promote the recovery of the ESA. The mitigation activities offer as a part of this AESA would achieve this goal. The Forester Rayzor development is proposing to meet the minimum preservation requirement of Upland Habitat ESA and exceed the overall tree canopy requirement under the DDC. The minimum preservation requirement of Upland Habitat is 50%, and the minimum preservation for the overall tree canopy is 20%. The Upland Habitat preservation requirement is being exceeded by preserving more than 50% of the existing Upland Habitat ESA. Since almost all the trees onsite were located in either the Water Related Habitat ESA, Riparian Buffer ESA, or Upland Habitat ESA, and given the minimum preservation requirement of the Upland habitat, the 20% overall tree canopy requirement was more than been met. The areas of preservation were shown and approved by City staff on the preliminary plat Forestar Rayzor AESA Report September 2020 5 Proposed Revegetation The developer is proposing to replant the Riparian Buffer, Water Related Habitat, and Undeveloped Floodplain impacted by the construction of the drainage channels (AESA) with native trees, shrubs and grasses following construction activities. A selection of native woody species considered for replanting the AESA is shown in Table 2 below, Table 2. A selection of native woody species considered for planting in the AESA. Habitat Type/Species Scientific Name Riparian Trees Common Name Planting Size Projected (gallon)* Canopy (feet)*' Projected Height (Feet)** Plant Type Callicarpa Americana American beautyberry Deciduous holly 3 3 4-6 6- 10 4-6 8- 12 Medium shrub llex decidua Large shrub/Small tree Small treeCercis canadensis Prunus mexicono Redbud Mexican plum 5 5 15-20 25 15-20 25 Small tree/Medium tree Large treeUlmus crassifolia Cedar elm 5 70 70 Carya illinoiensis Pecan 5 m 70 'Planting sIze references 5-gallon and 3-gallon plating stock, generally 5-gallon stock will be trees and 3-gallon stockwill be shrubs "Projected canopy radius 25 years from planting Large tree The species selected are a combination of multiple sized trees and shrubs that will eventually grow to provide multiple vegetative strata and therefore replace wildlife habitat in both the tree canopy and understory. A combination of a Drainfield Mix and Riparian Restoration Mix of seeds will also be seeded throughout the disturbed stream buffer area to provide a protective ground cover and additional understory strata. The Drainfield mix is described as a grass mix designed for areas that have periodic moist soils, i.e. within drainage channels, that may retain moisture for 24 to 48 hours. The plants in this mix were included for their adaptability to a wide range of growing conditions. The Riparian Recovery mix is described as a combination of 36 native grass & wildflower species to aid in rebuilding stream bank buffer zones. The seed mixes include multiple native species including herbaceous species such as Eastern gamagrass (Tripsacum dactyloides) . switchgrass (Panicum virgatum) , and bushy bluestem (Andropogon glomeratus). A full list of the species included in both seed mixes can be found at Native American Seed (http://www.seedsource.com/catalog/). The Drainfield mix will be seeded within the center of the drainage channel while the Riparian Recovery mix will be seeded on the slopes and adjacent to the channel. An approximate depiction of the revegetation of the AESA and an estimation of the proposed vegetation to be planted are included in Appendix 2 A minimum of twenty large trees (mixture of cedar elms and pecans), thirty small trees (mixture of red buds and Mexican plums), fourteen large shrubs (deciduous holly), and twenty-six medium shrubs (American beautyberry bushes) will be planted within the AESA. The number of plantings was determined based on the tree inventory completed September 2020 One woody invasive species that was observed within the study area during the site reconnaissance was Chinese privet. In the process of clearing vegetation during the construction of the drainage channels, the invasive species will also be removed. An additional approximately 10-feet of understory measured from each side of the top of bank of the drainage channel, consisting primarily of invasive Chinese privet, will be removed and replaced with native grasses and woody species. Native trees and large shrubs will be preserved outside of the functional drainage channel. The removal of invasive species will allow the planted, native vegetation to develop into a fully functioning native herbaceous understory and tree Forestar Rayzor AESA Report September 2028 6 canopy. The goal of the proposed planted species is to develop an AESA with a quality, native habitat that will not need additional maintenance beyond the initial seeding and tree plantings Chinese privet is notoriously persistent and special attention to the removal of the plants will be made during the understory removal in the approximately 10-feet from the top of bank of the drainage channel, The invasive species will be removed through root pruning and hand clearing within the on-site Riparian Buffer and Water Related Habitat ESAs. More specifically, the invasive species will be removed by cutting the stems near the ground and painting the cut stumps with a water-soluble herbicide*. Grubbing the plants out of the ground or using a “weed wench” may also be used. 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 hydro-mulching or installing erosion controf blankets. Irrigation is not proposed at this time; however, if the planted vegetation shows signs of stress or the survival rate does not meet or exceed 90%, irrigation may be deemed necessary and installed following the plantings. An initial site visit by Kimley-Horn environmental staff will be performed following the completion of the seeding and plantings prior to the first annual monitoring event. Kimley-Horn staff will perform additional site visits as necessary during the first annual monitoring period. - The applicant will confirm with City staff that the selected application procedures meet state and federal regulations prior to proceeding with any herbicide treatment, Erosion Control Erosion control measures will be implemented during construction. For the construction of the drainage structures, a rock check dam and silt fence will be utilized to protect the undisturbed stream/riparian buffer and prevent illicit discharges. For the replanting of native species, erosion control measures such as straw wattles will be implemented as necessary to prevent erosion runoff. These are low impact measures that do not create soil disturbing activities in order to provide erosion protection. Monitoring and necessary maintenance by on-site personnel following storm events will ensure accumulated sediment does not prevent the function of the structures Proposed erosion control plans for the channels are included in Appendix 3 and will be submitted with the Construction Plans (CEP submittal) for staff review, comment and approval Compliance with Authorities The City of Denton is the authority over compliance with this AESA mitigation plan. Once the drainage structures have been constructed and the AESA mitigation activities have been completed the City of Denton will be notified that the restoration activities have been completed, Annual Reporting Forestar will prepare an annual report each year for three consecutive years, beginning 12 months following the commencement of the implementation of the mitigation activities, for the purposes of describing the cumulative mitigation work that has been performed during the reporting period, and to report on the current survivability of the plantings. These annual reports will be submitted to the City for review and inspection Forestar Rayzor AESA Report September 2020 7 The first two annual reports will contain action items that may include: the replacement of dead planted trees, installation of irrigation equipment (if the vegetation appears to be stressed or the survival rate is low due to a lack of adequate water for root establishment) , re-seeding the seed mixtures as needed, and rernovlrlg invasive specIes. Upon completion of the three-year monitoring and reporting period, the City of Denton Environmental Services shall inspect the plantings and determine whether ninety percent (90%) of the plantings are healthy and have a reasonable chance of surviving to maturity. If it is determined that 90% of the plantings are healthy and have a reasonable chance of surviving to maturity, the City issue the final acceptance of the project. After city inspection, if more than 10% of vegetation is found to be diseased or not having a reasonable chance of surviving, then Forestar shall be notified to replace any unhealthy or dead plantings. If Forestar 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 mitigation plan during the three-year monitoring period, the City of Denton will be notified prior to making the plan modifications, Summary The impacts proposed to the Riparian Buffer ESA are 0.30-acres, to the Water Related Habitat are 0.08- acres, and to the Undeveloped Floodplain ESA are 0.17-acres, totaling 0.55-acres, resulting from the construction of drainage channels directing storm water flow from outfalls to the adjacent stream. The mitigation for these impacts will include seeding the channel and surrounding areas within the ESAs impacted by the construction with native seed mixtures and planting a variety of shrubs and trees along the outside of the channel to restore the understory and tree canopy Forestar Rayzor AESA Report September 2020 Annual Reporting Contacts Owner: Forestar Group 2221 E. Lamar Blvd., Suite 790 Arlington, Texas 76006 Contact: Kevin Lazares Phone: 817-769-1873 Email: kevinlazares@forestar.com Environmental Scientist: Kimley-Horn and Associates 13455 Noel Road, Two Galleria Office Tower, Suite 700 Dallas, TX 75240 Contact: Sierra Gibbons Phone: 972-776-1762 Email: sierra.qibbons©2ktmley-horn.com Engineer: Kimley-Horn and Associates 13455 Noel Road. Two Galleria Office Tower, Suite 700 Dallas, TX 75240 Contact: Brock Pfister, P.E Phone: 469-914-8721 Email: brock.pfister@kimley-horn.com Forestar Rayzor AESA Report September 2020 LUBS aba= dB, &• Enll•IHl•\? 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