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AESA20-0006f
AESA20-OO06fORDINANCE NO. AN ORDNANCE OF THE CITY OF DENTON, TEXAS APPROVING AN ALTERNATIVE ENVIRONMENTALLY SENSITrVE AREA PLAN FOR A SITE GENERALLY LOCATED ON THE SOUTH smE OF THE 1-35 EAST SERVICE ROAD, APPROXIMATELY 672 FEET WEST OF SAM BASS BOULEVARD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTnqG AN AMENDMENT TO THE CITY’S OFFICLAL ENVIRONMENTALLY SENSITIVE AREAS MAP; AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A CONSERVATION EASEMENT FROM ACME BRICK COMPANY; PROVDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (AESA20-0006) WHEREAS, Aimee Bissett of 97 Land Company, on behalf of the property owner, Acme Brick Company (“Owner”), seeks to develop approximately 36.2216 acres of land described and depicted in Exhibit “A“ attached hereto and incorporated herein by reference and depicted as “Development Impact Area” on the map provided as Exhibit “A-1” (the “Property“) attached hereto and incorporated herein by reference, and WHEREAS, in order to develop the Property, the Owner proposes to remove from the Property approximately 1.42 acres of Riparian Buffer Environmentally Sensitive Area as defined in the 2019 Denton Development Code and depicted as “Riparian Buffer ESA (Remove)“ on the map provided as Exhibit “A-1”; and WHEREAS, Owner has applied for an Alternative Environmentally Sensitive Area Plan (“Alternative ESA Plan”) on land depicted as “Offsite Detention Areas”, “Riparian Buffer ESA (Avoided)”, and “Upland Habitat AESA (Preserve)” on the map provided as Exhibit “A-1”, the Offsite Detention Areas being described and depicted in Exhibit “B-1” attached hereto and incorporated herein by reference and the Upland Habitat AESA (Preserve) being described and depicted in Exhibit “B-2” attached hereto and incorporated herein by reference (collectively, the “Offsite Detention Areas”, the “Riparian Buffer ESA (Avoided)”, and the “Upland Habitat AESA (Preserve)” are the “AESA Property”) to offset the ecological function offered by the Riparian Buffer ESA impacted by development of the Property; and WHEREAS, the purpose of the Alternative ESA Plan, attached hereto as Exhibit “C” and incorporated herein by reference, is to mitigate encroachments from storm water utilities across Riparian Buffer ESA impacted by development of the Property; and WHEREAS, on December 2, 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 (7 -0) of the Alternative ESA Plan on the AES A Property; and WHEREAS, on January 5, 2021, the City Council likewise conducted a public hearing as required by law and finds that the request satisfies all substantive and procedural standards set forth in Section 2.8.4.D. of the 2019 Denton Development Code, and is consistent with the Denton Plan and the 2019 Denton Development Code; and WHEREAS, trees on approximately 1.18 acres of land depicted as “Preserved Trees” identified on the map provided as Exhibit “A- 1” (the “Tree Preservation Area”) shall be preserved and included in a tree preservation plan submitted to the City for approval and in accordance with the Tree Classification exhibit attached hereto as Exhibit “D” and incorporated herein by reference; and WHEREAS, the AESA Plan Conservation Easement Agreement (“AES A Easement”) attached as Exhibit “E” shall be dedicated to the City of Denton and recorded in the Denton County deed records, and is intended to encumber the mitigation area described therein with the restrictions and limitations upon the use thereof which restrictions and limitations may be enforced by the City of Denton by the rights granted therein or any lawful means of the enforcement; and WHEREAS, the City Council finds that it is in the public interest of the City, as grantee, to accept the AESA Easement; 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 and adoption of the Alternative ESA Plan on the AESA 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 crrY OF DENTON HEREBY ORDAnqs: 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 only mitigates the impact of development of the Property on the Riparian Buffer ESA and is hereby approved with the following conditions: 1. 2. Permanent removal of Riparian Buffer ESA located on the Property is limited to approximately 1.42 acres, as shown in Exhibit “C”. The AESA Easement attached as Exhibit “E” shall be dedicated to the City of Denton and shall be recorded in the Denton County deed records by the applicant prior to the issuance of any land clearing permits to remove the Riparian Buffer ESA or filing of the final plat of the Property in the Denton County plat records, whichever comes first. The AES A Easement benefits the Property. The Owner, or upon the transfer of fee title of the AES A Property, the heirs, successors and assigns of the ownership of the AES A Property, retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the AES A Property, and the responsibility to implement and enforce the requirements of the Alternative ESA Plan, and cure any defaults of the Alternative ESA Plan. If the Property is divided, subdivided, or partitioned, the property encumbered by the AESA Property shall either 1. be located and included with the resulting lot or parcel 3 Page 2 of 5 on the Property where the primary use of the Property is located, or 2. be encumbered by a separate access and maintenance easement benefitting and serving the resulting lot or parcel on the Property where the primary use of the Property is located that authorizes the owner of the resulting lot or parcel on the Property where the primary use of the Property is located the right and obligation to (a) access and enter the AESA Property, (b) bear all responsibility, including costs and liabilities of any kind, related to the ownership, operation, upkeep and maintenance of the AES A Property, (c) implement and enforce the requirements of the Alternative ESA Plan, and (d) cure any defaults of the Alternative ESA Plan A detention basin is to be located and maintained in the Offsite Detention Areas in accordance with the Alternative ESA Plan and revegetation plan. The detention basin will be approximately 2.75 acres, resulting in 2.75 acres of native vegetation. Within 14 days following the construction of the detention basins in the Offsite Detention Areas, the applicant shall apply a vegetative cover of the detention basins, as described in Exhibit “C”. Trees located in the Tree Preservation Area shall be preserved as shown in Exhibit “C” and included in a tree preservation plan submitted to the City for approval. A portion of the trees in the Tree Preservation Area specifically depicted in Exhibit “D” shall be preserved and included in a tree preservation plan submitted to the City for approval. Vegetation established as a part of the approved revegetation plan are to be seeded and maintained by the then current Property owner/developer where the primary use of the Property is located for a period of three (3) years following installation. Any plants that are removed, destroyed, or die within that three (3) year period are required to be replaced by the then current Property owner/developer where the primary use of the Property is located to achieve a minimum 90% land cover rate. Following the installation and inspection of the revegetation, the then current Property owner/developer where the primary use of the Property is located 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. Within 30 days of approval of the report by staff, the then current Property owner/developer where the primary use of the Property is located shall replace any plants that were identified in the report as removed, destroyed, or dead. The City representatives shall have the right, but not the obligation, to enforce the requirements of the Alternative ESA Plan and to access and enter the AESA Property at all reasonable times for the purpose of inspecting the AESA Property to determine if the AESA Property and/or Owner or any of its successors and assigns is in compliance with the terms, conditions, restrictions, and purposes of Altemative ESA Plan and to take whatever actions are necessary to preserve or restore the AESA Property in accordance with the Alternative ESA Plan. The City may charge the Owner or any of its successors and assigns the reasonable costs of such preservation or restoration. 4. 5. 6. 7. 8. 9. SECTION 3. The City’s official ESA map is hereby amended to show the change in the Alternative ESA designation and classification for the AESA Property. SECTION 4. The City Council of the City of Denton approves and accepts the AESA Easement attached as Exhibit “E.” Minor adjustments to the attached AESA Easement are Page 3 of 5 authorized, such as filling in blanks and minor clarifications or corrections, and any modifications made by City Council in the approval of this ordinance. The City Manager, or his designee, on behalf of the City of Denton, is authorized to execute the AES A Easement and to carry out all duties and obligations to be performed by the City of Denton under the AESA Easement, unless otherwise reserved in the AESA Easement for City Council approval. SECTION 5. 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 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. 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. Th, m,ti,„ t, ,I,p„,g thi,. Mn,n,, w„ m,d, by but Mt ItW r and seconded by 3 e Bt Da\J t S , the or(d by the following vote [l - t Aye Nay Abstain Absent Gerard Hudspeth, Mayor:V/ Vr \/ V‘ \/ Birdia Johnson, District 1 : Connie Baker, District 2: Jesse Davis, District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 :\/ Paul Meltzer, At Large Place 6:\/‘ PASSED AND APPROVED this, the E day of IL, 202 1. E Th Page 4 of 5 \\llllllff ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY ::?it£a:ifgne y Mac Kk,M-DB IIIrr : a Date: 2021.04.16 11 :33:47 -05’OO' Page 5 of 5 EXHBIT A DEVELOPMENT IMPACT AREA DESCRIPTION BEING a tract of land in the Alexander Hill Survey, Abstract No. 623, in the City of Denton, Denton County, Texas, and being a portion of a tract of land as described in Correction General Warranty Deed to Acme Brick Company, recorded in Document Number 95-34210, Official Records, Denton County, Texas, and being more particularly described below: BEGINNING at a 5/8” iron rod found for the northwest corner of Lot 1, Westwind Addition, an addition to the City of Denton, Tarrant County, Texas, according to the plat recorded in Cabinet C, Page 246, Plat Records, Denton County, Texas and the southwest corner of Lot 1 R, Block A, Lewis Medical Addition, an addition to the City of Denton, Denton County, Texas, according to the plat recorded in Cabinet H, Page 119, of said Plat Records; THENCE with the west line of said Lot 1, South 0'12'22” East, passing at a distance of 844.23 feet, an iron pipe found for the southwest corner of said Lot 1 , continuing over and across said Acme Brick Company Tract for a total distance of 1 ,007.36 feet to a point for corner; THENCE continuing over and across said Acme Brick Company Tract, South 88'51'08" East, a distance of 498.48 feet to a point for corner in the east line of said Acme Brick Company tract and the west line of a tract of land as described in Sheriff's Deed to Denton Independent School District (DISD), recorded in Instrument Number 2009-100150 of said Official Records; THENCE with said east line of the Acme Brick Company tract and the west line of said DISD tract, South 0'05'49" East, a distance of 50.01 feet to a point for corner; THENCE departing said west line of the DISD tract, over and across said Acme Brick Company tract, the following courses and distances: North 88'51'08" West, a distance of 513.53 feet to a point for corner; North 56'47'47" West, a distance of 89.04 feet to a point for corner; South 0'00'00" East, a distance of 276.14 feet to a point for corner; North 90'00'00" West, a distance of 361.26 feet to a point for corner; South 60'30'33" West, a distance of 62.24 feet to a point for corner; South 5'26’40” West, a distance of 225.87 feet to a point for corner; North 90'00’00” West, a distance of 45.80 feet to a point for corner; North 3'06’01 ” West, a distance of 244.02 feet to a point for corner; North 5'31 ’42” West, a distance of 39.27 feet to a point for corner; North 55'29’22” West, a distance of 126.73 feet to a point for corner; North 36'18'15" West, a distance of 124.26 feet to a point for corner; North 61'31'03" West, a distance of 76.08 feet to a point for corner; North 9'41'20" East, a distance of 81.70 feet to a point for corner; North 74'23'11" West, a distance of 728.77 feet to a point for corner; North 15'36'49" East, a distance of 359.17 feet to a point for corner in the east right-of- way line of the Missouri & Pacific Railroad (100-foot wide right-of-way); THENCE with said east right-of-way line of the Missouri & Pacific Railroad, North 27'34'34" East, a distance of 607.54 feet to a point for corner; EXHIBIT A departing said east right-of-way line of the Missouri & Pacific Railroad, and over and across said Acme Brick Company tract, the following courses and distance: South 74'23'1 1 " East, a distance of 580.10 feet to a point for corner; North 54'27'12" East, a distance of 1 9.08 feet to a point for corner; North 9'27'12" East, a distance of 217.75 feet to a point for corner in the south right-of- way line of Interstate Highway 35-East; and at the beginning of a non-tangent curve to the right having a central angle of 0'36’59", a radius of 5,579.58 feet, a chord bearing and distance of South 78'35'42" East, 60.03 feet; THENCE with said south right-of-way line of Interstate Highway 35-East, in a southeasterly direction, with said curve to the right, an arc distance of 60.04 feet to a point for corner; THENCE departing said south right-of-way line of Interstate Highway 35-East, over and across said Acme Brick Company tract, the following courses and distance: South 9'27'12" West, a distance of 162.82 feet to a point for corner; North 89'59'47" East, a distance of 501.20 feet to a point for corner in the west line of said Lot 1 R; THENCE with said west line of Lot 1 R, South 0'12'22” East, a distance of 108.11 feet to the POINT OF BEGINNING and containing 36.2216 acres or 1,577,814 square feet of land. 1,577.814 SQ Fr. DEVELOPMENT IMPACT AREA EXHIBIT 36.2216 ACRES ALEXANDER HILL SURVEY. ABSTRACT NO. 623 CITY OF DENTON, DENTON COUNTY. TEXAS o FWWTmBTH+n=ale FRqF SItH I 'dr. P M 0.M-ac (ESA removed>Preservation to offset development impacts iqm'mr /oided piM : 55-ft buffer for apartments ' i TRI ' 1 @:SkiFf{%4: Legend a Development Impact Area Upland Habitat AESA (Preserve), -2.11-acres* = Preserved Trees, -1.18-acres* = Riparian Buffer ESA (Avoided), -0.36-acres [221 Riparian Buffer ESA (Remove), -1.42-acres [za Offsite Detention Areas, -2.75-acres 0.36-ac 1 (ESA avoided ) Fire lane access ii Proposed detention2.75-ac h)land Habitat avdi}@ The AESA preservation and tree preservation fall under seperate S sections of the Denton Development Code. While the two are reviewed through seperate submittals, the overall ecological value of the combined areas should be noted 0.58-ac I (ESA removed) AE©llilIEMmi Conservation Easement SHEET 3 Proposed Impacts, Alternative ESA, and Tree Preservation Nearmap May 2020 Urban District 35 AESA204006 Kimley '»Horn Denton, Denton County, Texas nra WInd 18 hr nbmufnnal nurpa+u •nd mgr FOI IUV• b+n 9r•9x•d fU EXHIBIT A- 1 EXHIBIT B- 1 EASEMENT DESCRIPTION BEING a tract of land in the Alexander Hill Survey, Abstract No. 623, in the City of Denton, Denton County, Texas, and being a portion of a tract of land as described in Correction General Warranty Deed to Acme Brick Company, recorded in Document Number 1995-34210, Deed Records, Denton County, Texas, and being more particularly descrIbed below: COMMENCING at a 5/8” iron rod found for the northwest corner of Lot 1, Westwind Addition, an addition to the City of Denton, Tarrant County, Texas, according to the plat recorded in Cabinet C, Page 246, Plat Records, Denton County, Texas and the southwest corner of Lot 1 R, Block A, Lewis Medical Addition, an addition to the City of Denton, Denton County, Texas, according to the plat recorded in Cabinet H, Page 119, of said Plat Records; THENCE with the west line of said Lot 1, South 0'12'22” East, passing at a distance of 844.23 feet an iron pipe found for the southwest corner of said Lot 1, continuing over and across said Acme Brick Company tract, for a total distance of 890.74 feet to a point for corner; THENCE over and across said Acme Brick Company tract, the following courses and distances: North 88'’51'08" West, a distance of 89.45 feet to the POINT OF BEGINNING; South O'OO'OO” East, a distance of 287.39 feet to a point for corner; North 90'00'00" West, a distance of 361.26 feet to a point for corner; North 18'49’38" West, a distance of 280.53 feet to a point for corner; North 32'11’25" East, a distance of 36.08 feet to a point for corner; South 88'’51'08" East, a distance of 432.66 feet to the POINT OF BEGINNING and containing 2.7449 acres or 119,568 square feet of land. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1 983 DETENTION AREA EASEMENT TRACT PREHMrNARY LEXAN DER HILL SURVEY, ABSTRACT NO. 623 CITY OF DENTONJ ANDY DOBBS THIS DOCUMENT SHALL REGISTERED PROFESSIONAL NOT BE RECORDED FOR LAND SURVEYOR NO. 6196 ANY PURPOSE AND 13455 NOEL ROAD SHALL NOT BE USED OR TWO GALLERIA OFFICE TOWER VIEWED OR RELIED M!;,*JR..~.„„ ;'u:':'"V':"l=B: DENTON COUNTY, TEXAS nun-SheK INFERS 3 1/4" "TXDOT" \_\\\GRAPHIC SCALE IN FEET (1/2 IRF 2'23'34" ACME BRICK COMPANY DOC. NO. 95-0034210 D.R.D.C.T. 25' CROSSTEXX CCNG TRANSMISSION, LTD EASEMENT INST. NO. 2004-155819 g seE i? Eg;I B PROPOSED INDUSTRIAL TRACT ACME BRICK COMPANY DOC. NO. 95-0034210 D-R-D-C-T- N88'51’08’'W- PROPOSED TRACT LINE 89.45' P.0.B S88'51'08''E 432.66.'46.51 ' N32'11'25"E 36.08' PROPOSED OFFSITE RIPARIAN BUFFER EASEMENT a) Cr)b00 C\I Ul to0O000 cr) EASEMENT 2.7449 ACRES 25' CROSSTEXX CCNG TRANSMISSION, LTD EASEMENT INST. NO. 2004-155819 0.P.R.D.C.T. n=n•'n=n•nnnBa \ I I \ I I I \ LEGEND\ 119,568 SQ. FT. \ \ \ \ \ \ I ACME BRICK COMPANY DOC. NO. 95-0034210 D.R.D.C.T. IMIMIDllWMW P.0.C. = POINT OF COMMENCING P.0.B. = POINT OF BEGINNING IRF = IRON ROD FOUND IPF = IRON PIPE FOUND D.R.D.C.T. = DEED RECORDS OF DENTON COUNTY, TEXAS M.R.D.C.T. = MAP RECORDS OF DENTON COUNTY’, TEXAS P.R.D.C.T. = PLAT RECORDS OF DENTON COUNTY, TEXAS 0.P.R.D.C.T. = OFFICIAL PUBLIC RECORDS, DENTON COUNTY, TEXAS DETENTION AREA EASEMENT TRACT ALEXANDER HILL SURVEY, ABSTRACT NO. 623 CITY OF DENTON DENTON COUNTY, TEXAS RPtEI 1- = IOO' 2==LaTcJDF I JAD 1 APR. 2021 1 064545201 1 20F2 EXHIBIT B- 2 LEGAL DESCRIPTION BEING a tract of land situated in the Alexander Hill Survey, Abstract No. 623, City of Denton, Denton County Texas and being a portion of a tract of land described in Special Warranty Deed to ACME DENTON COMPANY recorded in Document No. 95-0034210 of the Official public Records, Denton County, Texas and being more particularly described as follows: COMMENCING at the southwest corner of a called 9.2424 Acre tract of land described in Special Warranty Deed to Westwind Mac Investors recorded in Document No. 2017-147614, of said Official Public Records; THENCE South 0'12’22" East, a distance of 435.91 to the POINT OF BEGINNING and the following courses and distances: South 88'51'08" East, a distance of 458.68 feet to a point for corner; South 1'21'15" West, a distance of 310.00 feet to a point for corner; North 88'51'08'’ West, a distance of 220.00 feet to a point for corner; North 1'21'15" East, a distance of 210.00 feet to a point for corner; North 88'51'08" West, a distance of 235.95 feet to a point for corner; North 0'12'22'’ West, a distance of 100.03 feet to the POINT OF BEGINNING and containing 2.110 acres of land. Bearing system based on the Texas Coordinate System of 1 983, North Central Zone (4202), North American Datum of 1983. This document was prepared under 22 TAC 5663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the poIItical subdivision for which it was prepared. ALEXANDER HILL SURVEY, ABSTRACT NO. 623 CONSERVATION EASEMENT EXHIBIT DENTON COUNTY, TEXAS CITY OF DENTON P.0.C 9.2424 ACRES WESTWIND MAC INVESTORS DOC. NO. 2017-147614 0.R.D.C.TIPF ra) ACME BRICK COMPANY DOC. NO. 95-0034210 D.R.D.C.T. S88'51'08"E 458.68 NO'12'22"W 100.03 HggBllg§M2 gI0P a\I g r(\I 0 T=-Z 2.1105 ACRES 91,932 SQ. FT. ACME BRICK COMPANY DOC. NO. 95-0034210 D.R.D.C.T. Ill:l:vaKrI:why Mm BLANKENSHIP, MATrHEW 10/27/2020 lo:04 AM K:\DAL SURVEY\064545201-ACME BRICK 35E & 377 DENTON\DWG\ACME BRICK 35E 377 DENTON CONSERVATION AREA EXHi©f.DWG EXHIBIT a Urban Logistics 35 Alternative Environmentally Sensitive Area (AESA) Report (AESA20-0006) October 2020 (Updated April 2021 ) For compliance with: City of Denton Environmentally Sensitive Areas Assessment (ESAI 9-0013) Prepared by: Kimley-Horn and Associates Inc. 13455 Noel Road, Two Galleria Tower, Suite 700 Dallas, Texas 75240 Prepared for: Urban Logistics Realty 5440 Harvest Hill Road, Suite 240E Dallas, Texas 75230 Kimley »>Horn Table of Contents Introduction and Authority/Purpose and Need for Action ..........................................................................2 Description of Overall Development .....................................................................................................2 Existing Site Description.......................................................................................................................2 Purpose of AESA .................................................................................................................................2 Notification and Review ...........................................................................................................................2 Affected Environment and Summary of Impacts....................................................................................... 3 Mitigation Activities .................................................................................................................................. 3 Compliance with Authorities.....................................................................................................................6 Annual Reporting .....................................................................................................................................6 SLlrnrnary.................................................................................................................................................6 Annual Reporting Contacts ......................................................................................................................7 References ..............................................................................................................................................8 Figures Sheet 1 – Vicinity Map Sheet 2 – Onsite ESAs Map Sheet 3 – Proposed AESA Sheet 4 – Tree Inventory Map Appendices Appendix A – ESA Site Assessment Forms Appendix B – Tree Inventory Data Appendix C – iSWM Technical Guidance and Contech Preliminary Detail Sheets Appendix D – Drainage Area Maps Appendix E – Slope Planting Guidance Urban Logistics 35 AESA Report October 2020 Introduction and Authority/Purpose and Need for Action Kimley-Horn and Associates was retained by Urban Logistics Realty for Civil Engineering and Environmental Services for the Acme Denton Industrial project. This Alternative Environmentally Sensitive Area (AESA) Report is being submitted to the City of Denton under the Denton Development Code (DDC) Section 2.8 request approval for impacts to an Environmentally Sensitive Area (ESA). This AESA Report proposes mitigation measures for the impacts required to construct an industrial distribution center. Description of Overall Development The proposed Urban Logistics 35 project is located within the portion of the ACME brick facility southeast of the intersection of 1-35 and Locust Street in Denton, Denton County, Texas (Figure 1). The site is bounded by 1-35 to the north, a commercial building, and apartment complex to the east, the ACME brick facility to the south, and the Missouri and Pacific Railroad to the west. The proposed project includes the construction of an industrial distribution facility including four buildings, parking, driveways, and a TXDOT access road. A detention pond is also proposed to the south of the buildings. The current zoning for this tract is HI (heavy industrial), LI (light industrial), and HC (highway commercial). As part of the proposed project, a portion of the property win be rezoned from HC to Ll. Existing Site Description The project primarily consists of open fields with occasional trees. A thin line of small trees bounds the eastern half of the northern boundary. The eastern boundary consists of steep slopes that are densely forested. An ESA assessment was completed on March 28, 2019 by City of Denton staff. During the assessment an approximately 5-foot wide drainage feature conveying stormwater towards Hickory Creek was identified starting near the center of the project area and extending south. The drainage was assessed to be in fair condition based on the Rapid Stream Assessment Technique (RSAT) score. While a second Riparian Buffer ESA was previously mapped on the City of Denton GIS, it was not observed during the assessment and subsequently removed as ESA. Kimley-Horn observed the mapped ESA during multiple site visits between June 2020 and April 2021. The ESAs (existing and removed) as depicted on the City of Denton GIS are shown on Figure 2. Forms completed during the March 2019 site assessment are included in Appendix A. Purpose of AESA The purpose of the Alternative Environmentally Sensitive Area Report is to propose mitigation for the removal of the onsite Riparian Buffer ESA during the construction of an industrial distribution center. The proposed construction within the Riparian Buffer ESA allows for continuity and efficiency within the development area. The southern Riparian Buffer ESA impacts caused by the detention outfall prevent the need for an additional detention pond within the forested area to the east. No additional impacts to ESAs are proposed with this project. Figure 3 shows the proposed impacts to the onsite ESA. This AESA restoration plan has been submitted concurrently with a rezoning submittal. Upon approval, this AESA will be incorporated into future submittals through ProjectDox. Notification and Review This AESA Report explaining the mitigation measures for impacts to the onsite ESA will be provided to the City of Denton for formal notification of the activity and review of the proposed mitigation. Urban Logistics 35 AESA Report October 2020 2 Affected Environment and Summary of Impacts Figure 2 shows the Riparian Buffer ESA assessed by City of Denton Staff on March 2019 (ESAI 9-0013). The ESA primarily consists of 50-feet on the eastern side of a natural drainage feature totaling 1.78-acres within the development impact area (DIA) that is comprised of 0.84-acres from the industrial development, 0.58-acres to the south as part of a roadway realignment and detention outfall, and approximately 0.36- acres of preserved Riparian Buffer ESA. The portion of the ESA designation along the western bank was removed as a berm prevented the riparian zone from intercepting lateral flow and the functional buffer is very narrow and steep. The project is proposing to remove and fill the full ESA within the main industrial development for continuity between proposed buildings, driveways, and parking areas associated with the industrial distribution facility. Impacts south of the roadway realignment will be limited to the area necessary within the Riparian Buffer ESA for the installation of the detention outfall. The total impacts to the existing ESA are shown on Figure 3. As part of the future submittal of a Tree Preservation Plan, trees were inventoried by Kimley-Horn staff within the DIA and adjacent southeastern forest between June 2020 and April 2021. All trees 6-inches or larger in diameter at breast height (DBH) were tagged within the development area as outlined in the Denton Development Code. Tree data collected within the Riparian Habitat ESA during the tree inventory is included in Appendix B. The onsite ESA to be removed consists of a total of 887.3-caliper inches dominated by hackberry (Celtis laevigata) , black willow (Salix nigra), and American elm (Ulmus americana) . Of the trees tagged, 648.1-caliper inches were in a healthy condition. The onsite ESA to be preserved consists of a total of 229.8-caliper inches of similar species (207.9-caliper inches were in a healthy condition). Trees were identified as not healthy (declining or hazard condition) if they were visibly in declining health, diseased, or in a precarious position that would likely result in the tree falling. Mitigation Activities Impacts to the Riparian Buffer ESA are shown in Figure 2 and are necessary for the proposed industrial development. The ESA will be permanently impacted during the initial grading. To mitigate for the removal of the ESA, the applicant is proposing to construct a detention pond in combination with preservation of Cross Timbers Upland Habitat to the southeast of the development area. The combination of the stormwater detention and habitat preservation mitigates for ecosystem services lost with removal of the Riparian Buffer ESA Detention Pond One detention pond will be constructed to the south of the onsite buildings to provide adequate stormwater management for the proposed facility. The pond is designed to reduce the maximum runoff values associated with the proposed development down to the pre-development levels. This in turn prevents streambank erosion and deterioration of downstream tributaries and their associated environments. As described in the Integrated Stormwater Management (iSWM) Technical Manual (Appendix C), dry detention basins are intended to provide temporary storage of stormwater runoff to reduce downstream water quantity impacts. The proposed detention basin is intended to provide onsite flood control for the industrial facility by temporarily detaining stormwater runoff and releasing the flow over a period of time. Specifically related to the proposed project, stormwater will be conveyed to the proposed detention pond before being released into the downstream tributary of Hickory Creek in the general location of an existing culvert. Additionally, a hydrodynamic separator system will be utilized to screen, separate, and trap trash, debris, sediment, and hydrocarbons from stormwater runoff. This system will provide water quality Urban Logistics 35 AESA Report October 2020 3 protection in addition to the detention volume provided by the pond. The iSWM Technical Manual includes a section on Proprietary Structural Controls that emphasizes a system used for water quality treatment control must have a demonstrated capability of meeting the stormwater management goals for which it is intended. While the specific system has not been chosen for this project, a system similar to the Contech CDS hydrodynamic separator will likely be utilized. The iSWM Technical Manual section for Proprietary Structural Controls, as well as, preliminary data sheets for a CDC hydrodynamic separator are included in Appendix C. By directing stormwater through the stormwater system and detention pond, there should be minimal downstream effects from the increase in impervious surface and removal of the natural drainage through the Riparian Buffer ESA. The location of the detention pond and associated outfall was determined based on the topographic gradient of the development area. The structures were designed to limit the number of trees impacted while also providing adequate stormwater management. The depth of the proposed pond has been increased from the original design to prevent the need for an additional, eastern pond within the Upland Habitat. The location of the pond outfaH within the Riparian Buffer ESA is limited to the distance necessary for adequate stormwater flow based on the elevation of the bottom of the pond. A preliminary drainage study was completed for the existing site conditions and for the proposed site conditions. The Pre-Project and Post-Project Drainage Area Maps are included in Appendix D. The existing onsite ESA has approximately 1 .2 ac-ft of water quality treatment volume and the existing flow path through the ESA is identified by yellow arrows on the Pre Project Drainage Area Map. The detention pond will provide approximately 13 ac-ft of detention volume required to reduce post-project flows to pre-project conditions at the site outfall. Native grasses and forbs will be utilized for the vegetation cover along the slopes of the detention basin as described in the diagram from Native American Seed (Appendix E). Three seed mixes will be utilized to promote native vegetation specific to the unique growing conditions associated with the detention pond. A Dam Slope Mix will be seeded along both the upper and lower portions of the basin slopes to employ hardy native grasses to quickly establish vegetation following construction. Simultaneously, a combination of Wetland Fringe Mix and Drainfield Mix will be seeded along the lower portion of slopes and an Upper Slope Wildflower Mix will be seeded two feet above the expected water line during a storm event. The addition of the Wetland Fringe, Drainfield, and Wildflower mixes will provide color to the landscape and habitat for birds and pollinators. The seed mixes include native grass species such as Eastern gamagrass (Tripsacum dactyloides) , switchgrass (Panicum virgatum), and bushy bluestem (Andropogon glomeratus) and native forbs such as Maximillian sunflower (Helianthus maximillianin, bluebonnets (Lupinus texensis), and Indian blanket (Gaillardia pulchella) . A full list of the species included in each seed mix as well as suggested planting directions can be found at Native American Seed (http://www.seedsource.com/cataioq/) and in Appendix D. Cross Timbers Upland Habitat Preservation Forested areas 10-acres or greater in size and dominated by post oaks (Quercus stellate), blackjack oaks (Quercus marilandica), and Texas hickories (Carya sp.) are designated as Cross Timbers Upland Habitat ESA by the City. The Cross Timbers ecological region is a mosaic of deciduous forest, savanna, and prairie providing plenty of cover and abundant food for native wildlife (Texas A&M Forest Service, 2018). While the region once housed species such as bison, prairie dogs, and burrowing owls, these species are rare, if not completely removed. Present day species include white-tailed deer, coyotes, foxes, bobcats, and wild turkey. The Cross Timbers region also acts as a pass-through or stop over for migratory birds, water fowl, and birds of prey (Bob Jones, n.d.). Urban Logistics 35 AESA Report October 2020 4 In 2015, the Upland Habitat ESA designation was removed from the forested area southeast of the study area as it was not at least 10-acres in size (ESAI 5-0006). However, the forested area remains unchanged since the ESA designation was removed. As part of the mitigation for the removal of the onsite Riparian Buffer ESA, the southern 2.11-acres of the southeastern forest will be designated an AESA and placed into a conservation easement. A tree inventory of the full forested area to the southeast was completed by Kimley-Horn staff September 2020. The tree data collected within the AESA area is included in Appendix B following the onsite Riparian Buffer ESA tree data. The AESA consists of a total of 1,841.3-caliper inches dominated by post oak, cedar elm, and hackberry. Of the trees tagged, 1,638.7-caliper inches were in a healthy condition. Both the area and total caliper inches within the preserved AESA exceeds the amount within the Riparian Buffer ESA proposed to be removed. A comparison of the onsite Riparian Buffer ESA tree data and AESA tree data is shown in Table 1 below. Table 1. A comparison of the onsite Riparian Buffer and offsite Upland Habitat AESA tree data. Riparian Buffer ESA Riparian Buffer ESA (Remove) {Preserve) 1.42-ac. 0.36-ac. Upland Habitat AESA [Preserved) 2.11-ac.Total Area Total Caliper Inches Healthy Caliper Inches Total No. Species 7+ 887.3+229.8+1,841.3 648.1+207.9+1,638.7 Hackberry, Black Willow, Dominant Species - ----'Tri£li;i-n-Eli 'Only trees within the Riparian Buffer were included in the calculation, 5+ Hackberry, Black Willow, American Elm 15 Post Oak, Cedar Elm, Hackberry Beyond the canopy tree specIes within the proposed AESA area, the overall habitat is consistent with the Cross Timbers Upland Habitat. The understory consists of a combination of green briar (Smilax spp.), upland grass species, oak saplings (Quercus spp.), eastern red cedar saplings (Juniperus virginiana) , beautyberry (Callicarpa americana). and Chinese privet (Ligustrum sinense)-, all typical species of upland habitat within the City of Denton. The dominant soil series within the AESA area is listed as Birome Urban land complex, 1 to 5 percent slopes on NRCS Web Soil Survey (USDA, 2020). The Birome series are well drained Ultic Paleustalfs weathered from sandstone. These soils are identified as typical soils within the East Cross Timbers ecological region (USDA, 2006). Overall Tree Preservation Separate from the AESA and associated conservation easement, tree preservation and plantings will be required to mitigate for the trees removed from the construction of the industrial facility as part of the DIA in a future submittal. The tree preservation will occur along the eastern side of the DIA that includes an approximately 40 to 50-foot buffer on the western side of the adjacent apartments and a 55-foot buffer on the southern side of the apartments. Understory trees are proposed within both of the apartment buffers to provide more screening from the industrial development. While not part of the tree mitigation calculations, additional trees will be preserved within the Riparian Buffer ESA north of the roadway realignment. Approximately 1.18-acres of forest will be preserved outside of the AESA. The trees inventoried for this project are depicted on Figure 4. The full tree inventory data is included with the Tree Preservation Plan submitted for staff review, comment, and approval. While the preserved trees and proposed plantings along the eastern boundary between the Site and adjacent apartments provide mitigation for the onsite tree impacts, the ecological function of the trees benefIt the apartment residents. The trees not only provide a physical barrier between the proposed Urban Logistics 35 AESA Report October 2020 5 development and apartment buildings, but also likely act as a natural air filter of fine particulate matter produced by the nearby ACME Brick facility to the south. The preserved forest within the conservation easement would also provide the same air filtering benefits as the tree canopy falls between the apartments and ACME facility. Erosion Control and Tree Protection Erosion control and tree protection measures will be implemented during construction. Erosion control plans will be submitted with the Construction Plans (CEP submittal) and tree protection measures were submitted with the Tree Preservation Plan 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 offsite detention pond has been constructed and the conservation easement filed for the Upland Habitat preservation, the City of Denton will be notified that the AESA activities have been completed. Annual Reporting The applicant will prepare an annual report each year for three consecutive years, beginning 12 months following 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 seeding and preserved forest. These annual reports will be submitted to the City for review and inspection. The first two annual reports will contain action items that may include: the implementation of additional erosion control or tree protection measures, re-seeding the seed mixtures as needed, removing invasive species within the seeded areas, or removal of construction debris within the AESA. 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 seeded area is healthy and has a reasonable chance of sustained cover. If it is determined that 90% of the seeded area is healthy and has a reasonable chance of sustained growth and the appropriate use restrictions placed on the Upland Habitat, the City will issue the final acceptance of the project. After city inspection, if more than 10% of seeded area is found to be diseased or not having a reasonable chance of surviving, then applicant shall be notified to re-seed that problematic areas. If the applicant 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 approximately 1.42-acres resulting from the construction of an industrial distribution center. The mitigation for these impacts will include the construction of a detention pond designed to minimize impacts to existIng trees and to include seeding of native grasses and forbs along the slopes of the basin. The mitigation will also consist of the preservation of 2.11-acres of offsite Upland Habitat to be placed into a conservation easement. Separate from the AESA, approximately 1.18-acres of forest will be preserved outside of the conservation easement. The proposed Urban Logistics 35 AESA Report October 2020 6 mitigation replaces the ecological function and forested lands through the removal of the onside ESA, therefore minimizing downstream impacts to a tributary of Hickory Creek. Annual Reporting Contacts Owner: Acme Brick Company 3024 Acme Brick Plaza Fort Worth, Texas 76109 Contact: Sean Austin, Associate Corporate Counsel and Ed Watson, SVP of Production Phone: 817-870-8244 and 817-332-4101 Email: saustin@brick.com and ewatson@brick.com Applicant/Developer: Urban Logistics Realty 5440 Harvest Hill Road, Suite 240E Dallas, Texas 75230 Contact: Jason Nunley Phone: 214-714-1411 Email: jnunley@urbarIlogisticsrealty.com Environmental Scientist: Kimley-Horn and Associates 13455 Noel Road, Two Galleria Office Tower, Suite 700 Dallas, TX 75240 Contact: Sierra Gibbons, PWS Phone: 972-776-1762 Email: sierra.gibbons@kimley-horn.com Engineer: Kimley-Horn and Associates 13455 Noel Road, Two Galleria Office Tower, Suite 700 Dallas, TX 75240 Contact: Dan Gallagher, P.E. Phone: 972-776-1780 Email: dan.gallagher@kimley-horn.com Urban Logistics 35 AESA Report October 2020 References 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/. United States Department of Agriculture (USDA). 2020. Soil Survey of Denton County, Texas. 'Web Soil Survey.” [Online] (accessed on October 25, 2020). Available URL: http://websoilsurvey.nrcs. usda.gov/app/ United States Department of Agriculture (USDA). 2006. USDA Agriculture Handbook. “Land Resource Regions and Major Land Resource Areas of the United States.” [Online] (accessed on October 25, 2020). Available URL: https://www.nhnct.org/pdf_files/MLRA_report.pdf Urban Logistics 35 AESA Report October 2020 LIndsey St S.fuJI I f. [hen&t n It asE I Project Location t+ + g Londohdtrty Ln ') b, Legend Development Impact Area SHEET AESA204006 La1Vicinity Map Source: ESRI Basemap Urban Distirct 35 Kimley >)>Horn Denton, Denton County, Texas +1 E : { Legend ED Development Impact Area Riparian Buffer ESA= ExIstIngm Removed Upland Habitat ESA= Exlsbng ZZ] Removed SHEFr 2 Existing Mapped ESAs Nearmap May 2020 AESA20-0006 Urban District 35 Kimley $Horn Denton, Denton County, Texas 0.84-ac (ESA removed)Preservation to offset development impacts 1.18 bI Trees avoided providing 55-ft buffer for apartments ig g g HI Legend 0.36-ac [ (ESA avoided ) Fire lane access n Development Impact Area Upland Habitat AESA (Preserve), -2.11-acres* U Preserved Trees, -1.18-acres* U Riparian Buffer ESA (Avoided), -0.36-acres za Riparian Buffer ESA (Remove), -1.42-acres ez Offsite Detention Areas, -2.75-acres li Proposed detention2.75-ac iI I Upland Habitat avoided A ::}i The AESA preservation and tree preservation fall under seperate sections of the Denton Development Code. While the two are reviewed through seperate submittals, the overall ecological value of the combined By areas should be noted 0.58-ac ( ESA removed) AESA placed inConservation Easement SHEET 3 Proposed Impacts, Alternative ESA, and Tree Preservation Urban District 35 AESA204006 Kimley >!>Horn Nearmap May 2020 Denton, Denton County, Texas I £©§§ };;;}@iSg Ti }%{ f . ;1 FJ: II;?I !#qi{ gg}JH H : •rrj Legend C3 Development Impact Area Upland Habitat AESA (Preserve), -2.11-acres ED Tree Preservation, -1.18-acres C3 Riparian Buffer ESA (Avoided), -0.3&acres Ea Riparian Buffer ESA (Remove), -1,42-acres Offsite Detention Areas ( Tree Removal), - 2.75-acres e Tagged Trees i i i SHEET DATE:04/13/2021 4 Tree Inventory Map Nearmap May 2020 AESA204006 Urban District 35 Denton County, Texas Kimley >)!>Horn APPENDIX A Riparian ESA Assessment Form Version 4, J. Dailey, October 2012 Owner: Acme Brick Co TrakIt #: ESA19-0013 Address or Location: 210 Acme St Stream Name: Hickory Cr tributary (center)Approximate Width: E Order: General Land Use (current) [ Forest [ Agricultural (crop , pastwe, fallow) [ Residential (low intensity, high intensity) p Commercial / Industrial [ Recreational [ Other: Purpose of Riparian Buffer (check all that apply) F intercept sediment F intercept pesticides P lower water temperature [ Improve fish habitat p aesthetics P Privacy r 17 1?’ r? Intercept nutrients / fertilizers intercept other pollutants help stabilize streambank improve wildlife habitat (species of interest Stream Bank Condition Evidence of frequent water level changes (Yes / No) Slope of bank: 70-900 west, 30-45'’ east Soil class: clay / sand / loam / gravel / ledge Active erosion: slight / moderate / severe Existing plant cover: little –none / moderate / well vegetated Dominant cover: cement / bare / grass / shrub I forest young / forest old Large leaning trees? Yes, low flow so low on banks Invasive exotics present? Yes, Chinese privet Approximate area of infestation: 50% Top of Bank Existing plant cover: little –none / moderate / well vegetated Dominant cover: cement / bare / grass / shrub / forest young / forest old Invasive exotics present? Yes, Chinese privet Approximate area of infestation: 50% Floodway present? No Soil type: Arents, hilly Above the Bank Active erosion: slight / moderate / severe Slope: 594. Does the land slope toward or away from water? Toward on east side, berm on Does the land direct runoff towards the buffer? Yes. east side. No. west side Evidence of sheet flow or concentrated flow? Only in a grass swale. Plant cover on existing land: little –none / moderate / well vegetated Dominant cover: cement / bare / grass / shrub / forest young / forest old Invasive exotics present? No. Approximate area of infestation Nuisance wildlife present? Yes / No west side directs around SDecies: Water Quality – N/A no flow Color: clear / slightly turbid / turbid / very turbid Type and Quantity of Potential Pollutants from Drainage Area (check all that apply) F Lawns, landscapes, or other areas where fertilizers or pesticicbs are used [ Land intesively cropped with exposed soils at certain times of the year [ Commercial fertiLzer used [ Commercial pesticides used F Grazing animals use the drainage area [ Grazing animals have access to the stream P Parking lots or roads send runoff into the stream [ Steep slopes drain into the stream [ Sensitive fisheries present [ Plant or animal species of concern are present [ Stream used for swimming or tx)ating F Stream is used as a drinking water souce F A well is located near the stream P Construction is proposed in the drainage area. Construction is: P Low impact potential (parks, low density residential) [ HM impact potential (wban development) [ Cbs well plat F Stream / watershed is in close proximity (3-4 miles) to a downstream stnface water sw)ply Vegetation Brief Survey Bank Dominant species scientific names Common names % cover Indicator status Salix nigra Populus dettoides Ulmus Americana 'rus calleryana Cettis laevigata Smilax bona-nox Ligustrurn sinense Lonicera japonica Cercis canadeltsis Baccharis neglecta Buffer Dominant species scientific names Black willow Cottonwood American elm Callery pear Sugarbel Saw green-briar Chinese privet Jananese honeysuckle Eastern redbud Roosevelt weed 20 10 10 20 10 20 20 30 10 10 FACW FAC FAC Nl FAC FACU UPL FACU Common names % cover Indicator status Smilaz bona-nox Lonicera japonica Lugusttunt sinense Cettis lawigata Panicum virgatum Saw green briar Jananese honeysuckle Chinese privet Sugarbe; Switchgrass Misc forb and winter grass NI Hydrophytic Vegetation Indicator Ratio Bank 1 : 4 Buffer 0 : 3 Hydrology Indicators (Primary) [ Inundated p S)iI Satwated in Upper 12 inches p Water marks p Drift lines [ Sediment Deposits P Evidence of drainage pattern (Secondary) F; Oxidized Root channels in IT)per 12 inches p Water stained leaves [ Cotmty Uil Slrvey [ Fac-Neutral Test c.mm„,t„ Main channel only; cross channel is a grass swale lacking hydrology indicators. Hydric Soil Indicators [ Histosol P Histic Epipedon [ Sdfidic ock)r F Aquic Moisture Regime [ Reducing conditions F- (Ieyed or Low Chroma Colors [ Concretions [ High swface organic content [ Organic streaking in sandy soils F- Listed on local hydric soil list F- Listed on national hydric soils list [ Other (explain in comments) c.„„„,„t„ Main channel only; cross channel is a grass swale lacking hydric soil indicators. Required Attachments : RSAT Site map Site photographs Comments : Main channel is an ephemeral stream with a riparian buffer on the east side. Riparian ESA is confirmed for east bank. West side has a berm preventing the riparian zone from intercepting lateral flow. The functional buffer is very narrow and steep. Riparian ESA buffer designation will be removed from West bank. Smaller cross channel on east side of main channel is a grass swale, it is not an ESA and designation will be removed. Smaller cross channel on mapped on west side of main channel does not exist, area has been previously filled with soil and large concrete rubble, riparian ESA designation will be removed. Stream appears to be Waters of the U.S., any proposed fill in the stream would additionally need to comply with Section 404 of the Clean Water Act. Conclusions Based IT>on the site inspection by the City of Denton, the area in wnstion is NOT an ESA requirIng 50 or 100 foot buffers and IT therefore is not subjected to the ESA requirements outlined in the Denton Development Code. All other appropriate aspects IV of the Denton Development Code, houever, still apply. The official city EM map will be updated to remove the area from ESA status - west bank of main north/south featrue and cross channels to east and west Based upon the site inspection by the City of Denton, the area in question IS an ESA and is subject to the requirment set P forth in &ction 17 of the Denton Development Code (if this box is checke(I fill out supplemental RSAT form) - east bank of main north/south feature. F-- Based upon the site inspection by the City of Denton, insufficient information is available to determine the ESA status 1 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 :28 Mar 2019 March 2019 Approval : Date:29 Supplemental RSAT Form DENTON Rapid Stream Assessment Techniques version 1 RSAT applies to the main north to south channel. RSAT Evaluation Catego General Rating Cate GaodExcellent 6-89-11 5-67-8 5-67-8 7-8 5-6 4-56-7 7-8 5-6 ,ones and Associated Point Ranges Channel Stabili /DeoositionChannel Sco Physjcal In-stream Habm t aRi1 c 0-234 Enter NA for not applicable categories Total Points Verbal Ranking Fair_Total Score or 47% of total 42-50 30-41 16-29 <16 Excellent Good Fair Poor (or Z 84 percent of total) (60 S percent of total > 84) (32 S percent of total >60) (less than 32 percent of total) (if NA is entered on any category) Table 1. Relative Significance Channel Stability Categor Excellent I Good Fair I Poor Indicative of hydrological now regime alteration and general condition of physical / aquatic habitat > 80% of bank 1 71-80 % of bank network network is stable. No 1 stable. Infrequent signs of evidence of bank I bank sloughing, slumping sloughing or failure 1 or failure. 50-70 % of bank network stable. Some signs of bank sloughing, slumping or failure. < 50 % of bank network stable. Recent signs of bank sloughing, slumping or failures are &equently observed. Streanr bend areas are very stable. Outer bank height is slightly above stream level. Bank overhang minimal Streanr bend areas are stable. Outer bank height 2-3 ft. above stream level Bank overhang slight to moderate Stream bend areas are unstable. Outer bank height is substantially above stream level. Bank overhang is Stream bend areas are highly unstable. Outer bank height significantly above stream level. Overhangs are large and deep. Provides insight into the past, present, and possible future changes in stream channel morphometry . Exposed tree roots old, large, and woody. Generally 0-1 recent large tree falls / stream mile Exposed tree roots old and large, smaller young roots scarce. 2-3 recent large tree falls / stream mile Young exposed tree roots are conrnron. 4-5 recent large tree falls per stream mile Young exposed tree roots are abundant. 6 or more recent large tree falls per strean1 mile, Bottom 1/3 of bank is generally highly erosion resistant plant / soil matrix or material Channel Cross section is generally V or U- shaped Bottom 1/3 of bank is generally highly erosion resistant plant / soil matrix or material Bottom 1/3 of bank is generally highly erodible material. Plant / soil matrix is compromised 1 section is generally trapezoid-shaped Bottom 1/3 of bank is highly erodible material. Plant / soil matrix is severely compromised or nonexistent Channel cross section is shaped as a “wide“ U. Channel cross section is generally shaped like a wide trapezoid to rectangle Point range Points gjven 9-11 6-8 3-5 0-2 6 Table 2. Relative Significance Channel Scouring and Sediment Deposition Excellent I Good I Fair Poor Relates to the level of uncontrolled storm water runoff, sediment load. and transport and degradation of in- stream habitat Rime embedded < 1 RifTle embedded 25 to 25% sand / silt (<35 % 1 49% sand / silt (35 to 59 for larger order 1 % for larger order streams) streams) Riffle embedded 50- 75 % (60 to 85% embedded for larger streams) > 75 % riflle embedded (> 85% for larger streams) Potential for high number of deep pools (2 ft. or deeper). Pool substrate < 309’a sand / silt Potential for moderate number of deep pools. Pool substrate 30-59 percent sand / silt. Potential for low number of deep pools. Pool substrate is 60 to 80 )ercent sand / silt Potential for few, if any, deep pools. Pool substrate >80 percent sand / silt Streambed streak I Streak marks or banana- marks and / or banana- I shaped deposits are shaped sediment I uncommon deposits are absent Streak marks or banana-shaped deposits are conlrnon Streak marks or banana- shaped deposits are very corrlrrlon Fresh, large sand deposits in channel are rare or absent. No evidence of fresh deposition on overbank areas Fresh, large sand depositsin channel are uncommon. Small localized areas of fresh sand deposits along the top of low banks Fresh, large sand deposits in channel Fresh, large sand deposits very common in channel Moderate to heavy sand deposition along major portions of the overbank area are common + Moderate numbers of localized areas of fresh sand deposits along the top of low banks Point bars are few. srnall, stable, and are well vegetated and / or covered with little or no fresh sand on point bars. Point bars are small and stable, and are well vegetated and / or covered with a moderate amount of fresh sand Point bars are nloderate to large sized and are unstable. High amounts of fresh sand are common Point bars are moderate to large sized and unstable, with high amounts of fresh sand present in most stream bends Point range Points given 7-8 5-6 3-4 3 0-2 Table 3. Relative Significance Physical In-stream Habitat Excellent Good Fair Poor Relates to the ability of the stream to meet basic physical requrrernents necessary for the support of a well balanced aquatic communIty (1.e) water temperature, water velocity, substrate type and quality, etc,.. ) wetted perimeter >85 percent ofbottorn channel width during seasons where water flows (non-storm water base flows) wetted perimeter 61 to 85 percent of bottom channel width during seasons where water flows (non-storm water base flows) wetted perimeter 40 to 60 percent of bottom channel width during seasons where water flows (non-storm water base flows) wetted perimeter < 40 percent of bottom channel width during seasons where water flows (non- storm water base flows) Evidence ofriffles. runs and pools is present. Stream will likely have areas of diverse flow when water IS present, Good mix between riffles, runs, and pools. Evidence of relatively diverse velocity and depth of How when water is present. Few pools are present and rifTles / runs predominate. Depth is shallower and more uniform. Dominated by one habitat type (usually runs) and one velocity / depth condition. Velocity / depth diversity is very low. Riffles are composed of cobble, gravel, or rubble with little sand / silt (> 50 percent larger material) Riffles represent a good mix of cobble, gravel, or rubble(25-49 % larger material) Riffle substrate conrposrtron rs predominantly small cobble with gravel and sand (5-24 % cobble) Riffle composition is predominantly small gravel with a high percentage of sand (<5 Riff:Ie depths are ? 6 inches deep during periods when water flows (non-storm base flows: Riffle depths are 4.0 to 5.9 inches deep during periods when water flows (non- storm base flows) Riffle depths are 2.0 to 3.9 inches deep during periods when water flows (non-storm base flows) Riffle depths are less than 2 inches deep during periods when water flows (non-storm base flows) Large pools are generally > 24 inches deet Large pools are generally 18 to 24 inches deep. Large pools are generally 12 to 18 inches dea Large pools are generally < 12 inches deep. No channel alteration Slight amount of channel modification Moderate amount of channel Extensive channel modification Sununer afternoon water temperature rn middle of water column < 82 degrees Summer afternoon water temperature in middle of water column 82 – 89 degrees Sununer afternoon water temperature rn middle of water column 89 – 94 degrees Summer afternoon water temperature in middle of water column > 94 degrees Point range Points gjven 7-8 5-6 3-4 0-2 3 Table 4. Relative Significance Water Qualil :only applicable when the stream is actively flowin Excellent Good I Fair I Poor Indicative of watershed perturbations / general level of human activity, point and non- poInt source pollutant loadings, and aquatic habitat conditions. Only applicable during times when the stream is actively flowing Substrate fouling level o-l09’a on the underside of rocks (refers to the percentage of a cobble sized stone lying free in the streambed that is coated with biological growth Substrate fouling level light (11-20 %) on the underside of rocks (refers to the percentage of a cobble sized stone lying hee in the streambed that is coated with biological growth), Substrate fouling level moderate (2 1-50 %) on the underside of rocks (refers to the percentage of a cobble sized stone lying free in the streambed that is coated with biological growth). Substrate fouling level high ( > 50 % ) on the underside of rocks (refers to the percentage of a cobble sized stone lying free in the streambed that is coated with biological growth) TDS 350-399 mg/L TDS 400JM9 m gIrl TDS >500TDS 450-500 m' Water has no odor Water has slight organic odor Water has slight – moderate organic odor Water has moderate to strong organic odor Point range Points given 7-8 Not applicable – no flow 5-6 3-4 0-2 Table 5 Relative Significance Riparian Habitat Conditions Provides insight into changes in stream energetlcs, temperature regimes, and both aquatic and terrestrial habitat conditions. Wide (<200 feet) mature forested buffer along both banks Forested buffer generally more than 100 feet wide along the major portion of both banks Riparian area is mostly non-woody vegetation with narrow-width riparian Canopy coverage provides Z 80 percent shading for a majority of the stream (? 60 percent for large Canopy provides shading streams Canopy coverage provides 45-M percent shading for a majority of the stream (3044 percent for large Canopy coverage provides < 45 percent shading for a majority of the stream (<30 percent for large streams) Table 6. Relative Significance Biological Indicators (only applicable when the stream is actively flowing) Considered to be the best overall indication of stream health and the level of watershed perturbation. Diverse community of macroinvertebrates dominated by mayfhes and caddisflies. Few snails, leeches, aquatic worms Mayflies and caddisflies are present. Good overall Pollution tolerant caddisflies, midge larva or other dipterans Lt, large number of aquatic worms, lower diversit Low diversity, generally dominated by midge larva or other dipterans, aquatic worms, and snails. Moderate to high number of different Moderate to high number of different organisms Low to moderate number of individuals Very low number of individuals Point ran Points gjven Site Map. ESAI bOO 1 3 Acme Brick Riparian ESA – @DW.aUHU.anNI1BlahE] aHG6B6MHPnnb BpaIIn_bullets STATUS, BUFFER •IH E,.-,-$ so = baleS Hg BIB MS a-na= AR EU anOn all Hua be }@ 6u•ne a> Raroa,ed. tIn on ho 32017 AN Main channel ptr +!: }: { +r\;r: == ]’; + \, Black willow in narrow ri Lrian zone on west bank iilj Lookin western bank $ ; [ Sand deposit on bank and damp humus er in stream and lacks ilan zone DENTON Upland Habitat Assessment Version 3, J. Dailey, October 2012 Owner: Acme Brick Company TrakIt #: ESA19-0013 Address or location: West of Sam Bass Blvd and Londonderry Ln _ Old growth canopy tr ees (dominant species) Scientific names stellate IJlnrus Cettis !aevigata Comments Species listed represent majority of old growth trees ranging from 10 to 30-caliper inches Re-growth canopy trees (dominant species) Scientific names „rcus stellate Ulmus marilandica0 Celtis Common names Post Oak Cedar Elm Blackjack Oak Ha Small trees/saplings (d,mi.,„t ,p„i„) Scientific names [stellate Ulnrus crassifolia 3 1 Jun Common names Post Oak Cedar Elm Eastern Redcedar % cover Fr:::, I:„':=Blackjack Oak Hack Comments Understory - shrub / vine / forbs / grass (d„.i.,.t ,p„i„) Scientific names Li,strlense 2 1 Smith\ 3 4 5 Common names ChI PIvet Green Biar Upland Comments Chinese privet dominant along edges of tree lines Dead Timber P Standhg F Fallen F Detritus/leaf litter Soil Type F A16sol or Ultbol (red sandy-loam with sandstorn rocks) [ Other Soil map unit name(s):Birome Urban land complex, 1 to 5 percent slopes Attachments: City of Denton Mapped ESAs (Sheet 1 ) Site Photos (from site visits on 9/9/2020 and 9/10/2020) Web Soil Survey Soils Map Comments: The forested area assessed on the Acme Brick property was previously mapped as Upland Habitat ESA, but was removed in 20 15 (ESA15-0006) as it did not meet the 10-acre size criteria. Based on our assessment, the dominant vegetative community (specifically Post Oak and Blackjack Oak) and soils are typical of Cross Timbers habitat. However, the forest is less than 10-acres and does not meet the City’s criteria of Upland Habitat ESA. Conclusions: Based upon the site inspection by the City of Denton, the area in question is NOT an ESA and therefore is not subjected to the F ESA requhements outlined h 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 ESA status r- Based upon the sIte inspection by the City of Denton, the area in question IS an ESA and is subject to the requhment set forth hI 1 Section 17 of the Denton Development Code r- Based upon the site inspection by the City of Denton, insufficient information is available to determine the ESA status of 1 the area hr question. A more extensive inspection is requhed 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. Field investigator:Sierra Gibbons Date:12/16/2020 /&;/&-''{: ., r-I Date :17 Dec 2020 BBI it rEf } ; ; IT.n Legend ED Assessment Area Upland Habitat ESA = ExIstIng [ZZ] Removed Riparian Buffer ESA = Exlsbng [ZZ Removed i SHEET 1 City of Denton Mapped ESAs Nearmap May 2020 Upland Habitat ESA Assessment Denton County, Texas Kimley '»Horn he xIUBe lot bp' ;!!+enng' or iJWvyrq Nrp098s. :leilo: ' : Y rI la > '!- iF a£i' 3 liU '+ Photos were taken on 09/09/2020 B aD & Soil Mah–Denton County, Texas B r\ h 3y 11' 3rN 33' 11' 37 N IF I b 674020 67410067380 Map may not be valid at this 3? 11'27N 33' 11' 22" N ; Map %b: 1:1,680 f Hinted on A pOrtIa (8.5' x 111 duel N 4AbbyeT_-=„.=„„„“ B INldHS 120 B ar\ & Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 12/1 6/2020 Page 1 of 3 Soil MaF4)enton County, Texas MAP LEGEND MAP INFORMATION Area of Interest (AOI) [] Area of Interest (AOI) Soils [] sOn Map Unit Polygons B e a 9 A Spoil Area Stony Spot The soil surveys that comprise your AOI were mapped at 1 :24,000 Very Stony Spot Warning: Soil Map may not be valid at this scale +y Soil Map Unit Lines Wet Spot Other Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scaleSpecial Point Featuresu Blowout H Soil Map Unit Points Water Features '-__.. Streams and Canals dB Special Line Features 8 X a X Borrow Pit Please rely on the bar scale on each map sheet for map measurements Clay Spot Transportation +++ Rails Closed Depression Gravel Pit Source of Map: Natural Resources Conservation Service Web Soil Survey URL Coordinate System: Web Mercator (EPSG:3857)Interstate Highways US Routes Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required a A & R 0 a V Landfill Lava Flow Gravelly Spot Major Roads Local Roads Marsh or swamp Background n Aerial Photography This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Mine or QuarTy Miscellaneous Water Soil Survey Area: Denton County, Texas SUIvey Area Data: Version 17, Jun 11, 2020 Perennial Water Rock Outcrop Saline Spot Soil map units are labeled (as space allows) for map scales 1 :50,000 or larger. Date(s) aerial images were photographed: 29, 2017 Oct 29, 2016-–Nov Sandy Spot e + > A Severely Eroded Spot The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident.Sinkhole Slide or Slip Sodic Spot Natural Resources ConservatIon Service Web Soil Survey National Cooperative Soil Survey 12/16/2020 Page 2 of 3 Soil Mah–Denton County, Texas Map Unit Legend Map Unit Symbol 7 15 Totals for Area of Interest Map Unit Name Arents, hilly, occasionally flooded Birome-Urban land complex, 1 to 5 percent slopes Acres in AOI Percent of AOI 7.4% 92.6% 100.0% USDAS Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 12/16/2020 Page 3 of 3 APPENDIX B Urban District 35 Denton, Denton County, Texas Tree # 1 DBH COMMON NAME SCIENTIFIC NAME 1m1 AMM Ulmus crassifolia Ulmus crassifolia Celtis laevjqata L Ponulus deltoides Salix njgra Populus deltoides Populus deltoides Populus deltoides Populus deltoides Populus deltoides Ulmus crassifolia Celtis laevjqata r Ulmus crassifolia Ulmus crassifolia Celtis laevjqata a a Celtis laeviqata r Ulmus crassifolia Celtis laeviqata r Ulmus crassifolia Ulmus crassifolia Ulmus crassifolia Ulmus crassifolia Ulmus crassifolia Ulmus crassifolia Quercus marilandica Ulmus crassifolia Ulmus crassifolia Ulmus crassifolia Quercus marilandica Ulmus crassifolia Quercus stellata Ulmus crassifolia Ulmus crassifolia Ulmus crassifolia Ulmus crassifolia Quercus stellata Celtis laevigata Ulmus crassifolia Quercus marilandica Quercus stellata Pvrus callervana Celtis laevjqata O Celtis laevjqata a waR 6220 6221 6222 6223 6224 6225 6226 6227 6228 6229 6230 6231 6232 6233 6234 6235 6236 6237 6238 6239 6240 6241 6242 6329 6330 6331 6332 6333 6334 6335 6343 6344 6345 6346 6347 6348 6349 6350 6351 6352 6353 6357 6358 6359 6360 6363 6392 6398 6399 6400 6601 15.4m1– 10.0IT 10.0 6.5[lm-I 7.5 15.5 7.0 12.0 8.0 11.5 12.0 9.5 6.3 7.5 9.0 6.8 7.6 10.6 15.0 8.0 9.0 11.0 8.9 13.5 12.7 8.5 10.7 10.1 15.1 9.8 6.1 6.6 10.5 12.3 12.3 9.8 11.3 11.0 9.1 11.6 6.5 21.5 19.0 6.9nil– 6.8 9.4 6.8 cedar elm cedar elm hackberl a eastern cottonwood black willow eastern cottonwood eastern cottonwood eastern cottonwood eastern cottonwood eastern cottonwood cedar elm hackberry cedar elm cedar elm hackberl hackberl hackberlm cedar elm cedar elm hackberry cedar elm cedar elm cedar elm e e cedar elm cedar elm blackiack oak e cedar elm cedar elm blackjack oak e post oak cedar elm cedar elm cedar elm cedar elm post oak hackberrv e blackiack oak )OSt oak Callerv pear ml e hackberr hackberr U Health' Health' Health' Health' Health' Health' Health' Health' Health' Health' Health' Health' ma Health' Health' Health' Health' Health' Health' Health' Health' Healthy Healthy Health' me Health' Health' Health' Health' Health' Health' Health' Health' Health' Health' Health'm Healthy Healthl Health' Health' Healthy Hazard Health' Health' Health' Health' Health' Health' Health' Health' Singjemememememe Singje Singje ml Singjeme Singjeme mt Forked Multi Singjeme Single Singjeme mo Singjeme ml Singje mo Singje STridEmemememe maEMSImeme Singjemememem Singje Singje Singjeme mo Singje mo Singjeme t I t Page 1 Urban District 35 Denton, Denton County, Texas Tree #DBH COMMON NAMEm hackberry hackberry hackberry e post oak post oak lost oak )OSt oak )OSt oak )OSt oak American elm hackberr mo hackberry cedar elm Western soapberry hackberry hackberrv hackberr mo mesquite mesquite lost oak post oak cedar elm post oakM mo hackberr mo hackberr hackberr mo )OSt oak )OSt oak iOSt oak post oak )OSt oak )OSt oak post oak gum bumg!®l post oak cedar elm e post oak cedar elm )OSt oak post oak )OSt oak SCIENTIFIC NAAdE wmin Me IZ 6603 6604 6605 6606 6609 6610 661 1 6612 6613 6614 6615 6616 6617 6618 6619 6620 6621 6622 6624 6625 6626 6627 6628 6629 6630 6631 6632 6633 6634 6635 6636 6637 6638 6639 6640 6641 6642 6643 6644 6645 6646 6647 6648 6649 6650 6651 6652 6653 6654 6655 6656 1M 6.0 11.8 7.3 14.7 12.7 8.4 12.9 14.9 9.0 12.0 14.3 6.3 9.8 8.2 8.5 6.2 7.4 6.0 6.0 8.1 7.3 7.5 6.4 11.8 8.0 a1 10.7 26.1 8.5 7.7 9.8 17.9 8.6 11.2 10.8 8.2 7.9 10.4 9.8 6.7 11.5 7.7 9.1 13.7 6.0 6.5 12.3 11.2 11.2 15.6 8.4 m®EEaBEm Celtis laevjqata Celtis laevjqata a r Quercus stellata Quercus stellata Quercus stellata Quercus stellata Quercus stetlata Quercus stellata Ulmus americana Celtis laevjqata L Celtis laevjgata r !indus saponaria var. drummondii Celtis taevjgata la a L Prosopis glandulosa Prosopis gjandulosa r Quercus stellata Quercus stellata Ulmus crassifolia Ulmus crassifolia Quercus stellata Celtis laevigata L Celtis laevjqata L ; Celtis laevjqata a t Quercus stellata Quercus stellata Quercus stellata Quercus stellata Quercus stellata Quercus stellata Quercus stellata Sideroxyjon lanuqjnosum L Ulmus crassifolia Ulmus crassifolia Quercus stellata Ulmus crassifolia Quercus stellata Quercus stellata Quercus stellata n111111111newneT I + /1 -FA Health Health MBE Singjem;me mo Singjeme Singje ml I Single ml Singlememememememe Singjeme mo Multi Forked Singjememe ST;iii; -gTai; mo Singje -giiaT;meme -giFiii;mememe Singje ml Singjesia;me ml Multi SingleWe Singje Singjeme BETa; Single Health' Health' me Health' Health' Health Health' Health' Health' Health' Health' Health' Health1 Health' Health' Health' Health' Health' Health' Health' Health' Health Health e Health' Health' Health' Health' Health' Health' Health' Health' Health' Health' Health' Declining Health' Health' Health' Health' Health'm Health Health' Health' Health' Health' Health' Sa Page 2 Urban District 35 Denton, Denton County, Texas Tree #DBH COMMON NAME hackberry Hercules-club post oak post oak hackberry cedar elm e hackbel hackberryM+ R m1 mr hackberr hackberl hackberry post oak hackberry hackberry >OSt oak hackberr e hackberl hackberl e hackberl red mulbel red mulbel hackberr pecan blackiack oak mo )OSt oak )OSt oak )OSt oak )OSt oak hackberl a ms blackiack oak ms )OSt oak hackberr no post oak gum bumelia post oak gum bumelia post oak )OSt oak blackiack oak > SCIENTIFIC NAME Celtis laevigata Zanthoxylurn clava-herculis t Quercus stellata Celtis laeviqata r Ulmus crassifolia Celtis laeviqata a L Celtis laevjqata a-t:8mma a a a L Celtis laevigata Celtis laeviqata L Celtis laevjqata L a a L a O Morus rubra Celtis laeviaata a L Quercus stellata Quercus stellata Quercus stellata Quercus stellata Quercus stellata Celtis taevjqata L Quercus stellata Quercus maritandica Quercus stellata Quercus stellata Celtis laevjqata L Quercus stellata Sideroxyjon lanuqjnosum L Sideroxyjon lanuqinosum L ; Quercus stellata Quercus marilandica Quercus stellata CONDITION MULTIPLE- STEMMED Ime n+1 Singje mPememememe Forked Singleme Singje We Singlememememdmimememememem-mB ma-E 3FqT; no Singjememememaxmememememe Singjememe Singje Forked Singjeme ml Single Multi Singjeme ml Single He me I 6658 6659 6660 6661 6662 6663 6664 6665 6666 6667 6668 6669 6670 6671 6672 6673 6674 6675 6676 6677 6678 6679 6680 6681 6682 6683 6684 6685 6686 6687 6688 6689 6690 6691 6692 6693 6694 6695 6696 6697 6698 6699 6700 6701 6702 6703 6704 6705 6706 6709 6710 M 6.0 17.9 10.3 6.3 6.0 7.1 13.9 12.0 6.7 8.4 10.2 14.6 11.0 19.6 8.8 6.2 7.6 10.8 17.9 8.2 7.3 8.4 10.7 6.1 19.1 7.7 16.3 7.7 18.9 10.2 7.9 10.7 6.0 6.7 17.4 8.9 6.4 8.9 6.3 15.3 7.5 14.6 12.4 9.7 9.1 6.0 10.1 7.8 6.2 12.2 14.0 Fmd Health' Health' me Health' Health' Health' Health' me Declininl Health' me Health' Health' Health' me Health' Healthy Healthy Health' Health' Health' Health' Health' Health' Hazard Health' ma Health' Health' Health' Health' Health' Health' Health' Health' Health' Health' Health' me Health' Health' Health1 Health' Health' Health'm Health' Health' Health' me Health' Page 3 Urban District 35 Denton, Denton County, Texas Tree #DBH COMMON NAME Hemel )OSt oak hackberr hackberr hackberr ms )OSt oak lost oak lost oak e post oak cedar elm post oak post oakM post oak eMigEn redcedar eastern redcedar lost oak post oak post oak cedar elm cedar elm post oak cedar elm Mo SCIENTIFIC NAME Quercus stellata Quercus stellata Celtis laevjqata a Celtis laevjqata Quercus stellata Quercus stellata Quercus stellata Quercus stellata Ulmus crassifolia Quercus stellata Ulmus crassifolia Quercus stellata Quercus stellata Quercus stellata Quercus stellata luniperus virginiana luniperus virqiniana L Quercus stellata Quercus stellata Ulmus cmi; Ulmus crassifolia Quercus stellata Ulmus crassifolia Quercus stellata Riparian Buffer ESA (to be removed UlmusW'icana Ulmus americana Celtis laeviqata mr s american Ulmus americana Ulmus americana Celtis laevigata a r Ulmus americana Celtis laevjqata a a Cettis laevjqata Celtis laevjqata Celtis laevjqata r Ulmus americana Populus deltoides Celtis laevjqata Celtis laevjqata Celtis laevjqata r Ulmus americana Celtis laevjqata CONDITION MULTIPLE- STEMMED WeB Singjemememememe Singje Singjememe Forke-cT Singje Sin ameHe mo Forked SinglememeSTe ml Singje mo Single Me II 6712 6713 6714 6715 6716 6717 6718 6719 6720 6721 6722 6724 6726 6727 6731 6732 6733 6734 6740 6741 6742 6743 6744 6745 6746 M 14.7 11.8 9.8 9.1 6.6 6.0 10.5 10.8 6.8 7.2 11.6 9.1 6.3 20.7 6.0 6.2 9.9 8.7 7.0 8.2 8.5 14.3 15.1 10.4 9.7 maR Health' Health' Health' me Declininl Health' Health' Health' Health' Health' Health' Health' Health' Health' Health' Health' Health' Health' Health' Health' me Health' Health' Health' Health' 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 7.8 9.2 9.1 6.1 7.1 7.8 7.1 7.5 6.9 6.0 6.2 6.0 6.7 6.5 7.4 9.1 29.1 6.3 15.5 6.8 6.1 7.5 9.0 6.0 6.1 American elm American elm hackberl r American elm American elm hackberr hackberr r American elm hackberr hackberr hackberr hackberr hackberr hackberr r American elm eastern cottonwood hackberr hackberr hackberr -r American elm hackberl Health' Health’ Health' me Hazard Hazard Health' Health' me Declininl Health' Health' Health' Health' Health' Health' Health' Health' Hazard Health' Health' Health' Health' Health' Health' Singje Singjeme Singje mo Forked Singjeme Singje Tingte BMeme Singje Singje Singje Singjeme mFe Single Single Singje Singje mt Forked Single Page 4 Urban District 35 Denton, Denton County, Texas Tree #DBH COMMON NAME SCIENTIFIC NAME MMmEHH Ulmus americana Ulmus americana Ulmus americana Ulmus americana Celtis laeviqata a Ulmus americana Ulmus americana Ulmus americana Populus deltoides Salix n/ara Populus deltoides Ulmus americana Ulmus americana Populus deltoides Ulmus americana Celtis laeviqata r Ulmus americana Celtis laevjqata a a a a r r Salix njgra r r Celtis laevjqata r Salix njgra r Ulmus americana Ulmus americana Celtis laevjqata L Celtis laevjqata a a a s a ) Salix njgra r Celtis laevigata s a a a CONDITION MULTIPLE- STEMMED InMel Forked Singje -gTnqje Tingje mo Forked Singje Singjeme Singje Singje Singje Singjeme Forked Singje mo Singje Singjeme Singjemememe ml Forked Forked Multi Singje SFaa Forked Forked Singjememe Singjememe-me Singje Singje ml Multi Singje -giFFeme SinglemT; Singje mo Single ErIn 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 8053 8054 8055 8056 8057 8071 8072 8073 8076 8081 8082 8084 8085 8089 8090 8091 8092 8093 8094 8095 8096 8097 8098 8099 8100 8104 8105 8106 8108 8109 8110 8111 1m 6.5 22.5 17.6 10.8 9.5 13.0 8.8 8.3 6.0 7.5 9.1 8.5 12.3 13.7 16.0 6.0 8.5 6.5 6.5 12.6 10.5 9.6 6.2 8.0 14.0 8.0 12.7 30.0 6.0 6.4 12.1 8.8 6.6 8.0 8.5 7.5 19.2 7.4 8.0 6.4 6.7 10.0 13.3 8.5 8.0 8.8 7.6 12.0 20.0 12.3 7.4 AmeQRl@mgIiI American elm American elm American elm American elm hackbel hackbel American elm American elm American elm eastern cottonwood black willow eastern cottonwood American elm American elm eastern cottonwood American elm hackbel American elm American elm hackberry hackberry hackberr hackberr hackberl ) r black willow black willow American elm hackberry American elm black willow American elm American elm American elm hackberry eastern cottonwood hackberl hackberlm hackberrml hackberl a black willow American elm hackberr mesquite hackberry hackberr @1 kberry M Health' Declininl Health' Health' Health' Health' Health' Health' Health' Health' Declininl Health' Health' Health' Health, Declininl Health' Health' me b' ma Health' Health' Health' Health' Health' ma Health' ma Health' Health' Health' Health' Health' Health' Health' Health' Fecml al Health' Health' Health' Health' Re-mr Health' Health' Health' Healthy Health' me Health'm Health' Page 5 Urban District 35 Denton, Denton County, Texas Tree #DBH COMMON NAME l]BmMIme hackberry black willow hackberry black willow black willow black willow black willow hackberry AmericMBrI mI black willow black willow black willow hackberl r American elm eastern cottonwood eastern cottonwood hackberl a eastern cottonwood eastern cottonwood C NAME b%ll©lfa1 Celtis laevjqata Sa//x njgra Celtis laeviqata Salix njgra Salix njgra Sa//x njgra ( m8vjqata r ;;ericana Quercus virqiniana MTijqra Sa//x njgra Sa//x niara Celtis laevjqata r Ulmus americana Populus deltoides Populus deltoides Celtis laevjqata ) Populus deltoides Populus deltoides CONDITION MULTIPLE- STEMMED WeB Singje Singjeme Singje Singjeme Singje Singje Singje mc no Singje Singjememe Singjemememememe Single [:1m 8133 8134 8135 8142 8143 8144 8147 8148 8150 8151 8152 8154 8155 8160 8201 9024 9043 9044 9045 9049 9050 9051 ER 7.1 10.2 6.6 8.3 8.3 6.5 7.2 8.0 10.5 7.3 11 .2 6.3 13.2 9.6 7.7 7.4 6.1 8.7 9.5 8.7 8.4 7.5 [mM Health' Health' Health' Hazard Declinint Health1 Health, FeiTii' Health1 Health'me Till Health' Declininl Health' Health' Declininl Health' Health' Health' Health' Health' Health' All trees 6-inches and larger at DBH were tagged according to the Denton Development Code Page 6 APPENDIX C For AESA20-0006 Site Development ControlsiSWMTM Technical Manual 10.0 Dry Detention / Extended Detention Dry Basins Detention Structural Stormwater Control g)LI M Description: A surface storage basin or facility designed to provide water quantity control through detention and/or extended detention of stormwater runoff. lb KEY CONSIDERATIONS T MANAGEMENT SUITABILITY DESIGN CRITERIA: • Designed for the reduction of maximum runoff values associated with development to their pre-development levels. [P] i Water Quality Protection Streambank Protection On-Site Flood Control ADVANTAGES I BENEFITS:Downstream Flood Control • • • Typically less costly than stormwater (wet) ponds for equivalent flood storage, as less excavation is required Used in conjunction with water quality structural control Recreational and other open space opportunities between storm runoff events IMPLEMENTATION CONSIDERATIONS Land Requirement DISADVANTAGES / LIMITATIONS: • Controls for stormwater quantity primarily –extended detention may provide limited water quality treatment and streambank protection Capital Cost Maintenance Burden Residential Subdivision Use: Yes High Density/Ultra-Urban: No Drainage Area: No restrictions. Soils: Hydrologic group 'A’ and 'B' soils may require pond liner Other Considerations POLLUTANT REMOVAL Qq Total Suspended Solids ®3@ Nutrients - Total Phosphorus / Total Nitrogen remova1 @@ Metals - Cadmium, Copper, Lead, and Zinc removal B© Pathogens Coliform, Streptococci, E.Coli remova1 • Recreational and open space uses for dry detention L=Low M=Moderate H=High Dry Detention/Extended Detention Dry Basins April 2010, Revised 9/2014 SD-79 iSWMTM Technical Manual Site Development Controls 10.1 General Description Dry detention and dry extended detention (ED) basins are surface facilities intended to provide for the temporary storage of stormwater runoff to reduce downstream water quantity impacts. These facilities temporarily detain stormwater runoff, releasing the flow over a period of time. They are designed to completely drain following a storm event and are normally dry between rain events. Dry detention basins are intended to provide on-site flood control (peak flow reduction) and can be designed to control the extreme flood (flood mitigation storm) event. Extended detention dry basins provide downstream streambank protection through extended detention of the streambank protection volume (SP„), flood control. Both dry detention and extended detention dry basins provide limited pollutant removal benefits and are not intended for water quality treatment. Detention-only facilities must be used in a treatment train approach with other structural controls that provide full treatment of the WQ„ (see Section 1.0), Compatible multiabjective use of dry detention facilities in strongly encouraged. 10.2 Design Criteria and Specifications Location Dry detention and extended detention dry basins are to be located downstream of other structural stormwater controls providing treatment of the water quality volume (WQ„). Extended detention dry basins may be part of a treatment train which treats the WQ„. See Section 1.0 for more information on the use of multiple structural controls in a treatment train. General Design •Dry detention basins are sized to temporarily store the volume of runoff required to provide flood protection above the Q, storm event up to the flood mitigation storm, if required. Extended detention dry basins are sized to provide extended detention of the streambank protection volume over 24 hours and can also provide additional storage volume for normal detention (peak flow reduction) of the flood mitigation storm event. Routing calculations must be used to demonstrate that the storage volume and outlet structure configuration are adequate. See Section 2.0 of the Hydraulics Technical Manual for procedures on the design of detention storage. •Storage may be subject to the requirements of the Texas Dam Safety Program (see iSWM Program Guidance - Dams and Reservoirs in Texas) based on the volume, dam height, and level of hazard. •Earthen embankments less than 6 feet in height that are exposed to flood waters shall have side slopes no greater than the natural angle of repose of the fill material as determined by a geotechnical study. In lieu of a geotechnical study side slopes shall be 4:1 (horizontal to vertical) maximum. •Earthen embankments 6 feet in height or greater shall be designed per Texas Commission on Environmental Quality guidelines for dam safety (see iSWM Program Guidance – Dams and Reservoirs in Texas). •Vegetated slopes shall be less than 20 feet in height and shall have side slopes no steeper than 2:1 (horizontal to vertical) although 3:1 is preferred. Riprap-protected slopes shall be no steeper than 2:1. Geotechnical slope stability analysis is recommended for slopes greater than 10 feet in height. •Areas above the normal high water elevations of the detention facility should be sloped toward the basin to allow drainage and to prevent standing water. Careful finish grading is required to avoid creation of upland surface depressions that may retain runoff. The bottom area of storage facilities should be graded toward the outlet to prevent standing water conditions. A low How or pilot channel across the facility bottom from the inlet to the outlet (often constructed with riprap) is recommended to convey low flows and prevent standing water conditions. Dry Detention/Extended Detention Dry Basins April 2010, Revised 9/2014 SD-80 iSWMTM Technical Manual Site Development Controls •Adequate maintenance access must be provided for all dry detention and extended detention drybasins Inlet and Outlet Structures •Inflow channels are to be stabilized with flared riprap aprons, or the equivalent. A sediment forebay sized to 0.1 inches per impervious acre of contributing drainage should be provided for dry detention and extended detention dry basins that are in a treatment train with off-line water quality treatmentstructural controls. •For a dry detention basin, the outlet structure is sized to its SP„ and Qf functions (based upon hydrologic routing calculations) and can consist of a weir, orifice, outlet pipe, combination outlet, or other acceptable control structure. Small outlets that will be subject to clogging or are difficult to maintain are not acceptable. For an extended detention dry basin, a low flow orifice capable of releasing WQ„ and SP„ over 24 hours must be provided. The streambank protection orifice should have a minimum diameter of 3 inches and should be adequately protected from clogging by an acceptable external trash rack. The orifice diameter may be reduced to 1 inch if internal orifice protection is used (e.g., an overperforated vertical stand pipe with 0.5-inch orifices or slots that are protected by wirecloth and a stone filtering jacket). Adjustable gate valves can also be used to achieve this equivalent diameter. See Section 2.2 of the Hydraulics Technical Manual for more information on the design of outlet works. • • Seepage control or anti-seep collars should be provided for all outlet pipes Riprap, plunge pools or pads, or other energy dissipators are to be placed at the end of the outlet to prevent scouring and erosion. If the basin discharges to a channel with dry weather flow, care should be taken to minimize tree clearing along the downstream channel, and to reestablish a forested riparian zone in the shortest possible distance. See Section 4.0 of the Hydraulics Technical Manual, for more guidance. •An emergency spillway is to be included in the stormwater pond design to safely pass the extreme flood flow. The spillway prevents pond water levels from overtopping the embankment and causing structural damage. The emergency spillway must be designed to State of Texas guidelines for dam safety (see iSWM Program Guidance - Dams and Reservoirs in Texas) and must be located so that downstream structures will not be impacted by spillway discharges. •A minimum of 1 foot of freeboard must be provided, measured from the top of the water surface elevation for the extreme flood, to the lowest point of the dam embankment not counting the emergency spillway. 10.3 Inspection and Maintenance Requirements Table lO.1 Typical Maintenance Activities for Dry Detention / Extended Detention Dry Basins (Source: Denver Urban Storm Drainage Manual, 1999) Activity Remove debris from basinl 'mim-; clogging and improve aesthetics. Remove sediment buildup Repair and revegetate eroded areas, Perform structural repairs to inlet and outlets Schedule outlet Annually and following significantstorm events As needed based on inspection Mow to limit unwanted vegetation,Routine Dry Detention/Extended Detention Dry Basins April 2010, Revised 9/2014 SD-81 iSWMTM Technical Manual Site Development Controls 10.4 Example Schematics BgRHMm.NbtEL PLAN VIEW RIPRAP INFLOW 5Z ’ \{ 25 YEAR LE'el EbtERGENCY SPILLWAY STABLE OL#TFALL BARREL '\(" PROFILE Figure 10.1 Schematic of Dry Detention Basin Dry Detention/Extended Detention Dry Basins April 2010, Revised 9/2014 SD-82 iSWMTM Technical Manual Site Development Controls :htER3ENCV 4r :PiLLVfAY LO'rV qr OW CH /\NN:: PLAN VIEW Rf PR.A.P lna YFAFt I FVFI EMERGENCY /'’-;='"“'* STABLE au-FM 1_ eJIZ PRC)FII F Figure 10.2 Schematic of Dry Extended Detention Basin Dry Detention/Extended Detention Dry Basins April 201 0, Revised 9/2014 SD-83 iSWMTM Technical Manual Site Development Controls 25.6 Design Example Data A 1.5 acre overflow parking area is to be designed to provide water quality treatment using porous concrete to handle the runoff from the whole overflow parking area. Initial data shows: • Rainfall depth for treatment is up to 1.5 inches • Borings show depth to water table is 5.0 feet •Boring and infiltrometer tests show sand-loam with percolation rate (k) of 1 .02 inches/hr •Structural design indicates the thickness of the porous concrete must be at least three inches Water Quality Volume R"= 0.05 + 0.009 1 = 0.95 (where 1 = 100 percent) WQ„ = 1.5 R„ A / 12 = 1.5 * 0.95 * 1.5/12 = 0.178 acre-feet = (0.178 ac-ft) (43,560 cu-ft/ac-ft) = 7,759 cubic feet Surface Area A porosity value n = 0.32 should be used for the gravel and 0.18 for the concrete layer. All infiltration systems should be designed to fully de-water the entire WQ„ within 24 to 48 hours after the rainfall event at the design percolation rate. A fill time T;2 hours can be used for most designs. Chose a depth of gravel pit of three feet (including layer under concrete) which fits the site with a two foot minimum to water table (other lesser depths could be chosen, making the surface area larger). The minimum surface area of the trench can be determined, in a manner similar to the infiltration trench. from the Equation 20.1 : A =WQ„/(ngdg + kT/12 + npdp) = 7,759/(0.32*3 + 1.02*2/12 + 0.18 * 3/12) = 6,604 square feet Where: A WQv n d k T = Surface Area = Water Quality Volume (or total volume to be infiltrated) = porosity (g of the gravel, p of the concrete layer) = depth or gravel layer (feet) (g of the gravel, p of the concrete layer) = percolation (inches/hour) = Fill Time (time for the practice to fill with water), in hours Check of drain time: depth = 3*12 + 3 inches to sand layer ; 39 inches @ 1.02 in/hr = 38 hours (ok) Overflow will be carried across the porous concrete and tied into the drainage system for the rest of the site Porous Concrete Revised 04/10 SD-187 iSWMTM Technical Manual Site Development Controls 26.0 Proprietary Structural Controls Limited Application Structural Stormwater Control Description: Manufactured structural control systems available from commercial vendors designed to treat stormwater runoff and/or provide water quantity control KEY CONSIDERATIONS STORMWATER MANAGEMENT SUITABILITY DESIGN CRITERIA: [S] g • • • Independent performance data must be available to prove a demonstrated capability of meeting stormwater management goal(s) System or device must be appropriate for use in North Central Texas conditions, and specifically for the community in question Pre-treat runoff if sediment present Water Quality Protection Streambank Protection On-Site Flood Control Downstream Flood Control ADVANTAGES / BENEFITS: • Provides reduction in runoff volume IMPLEMENTATION CONSIDERATIONS DISADVANTAGES / LIMITATIONS: • Depending on the proprietary system, there may be: • Limited performance data Land Requirement Capital Cost Maintenance Burden • Application constraints • High maintenance requirements Residential Subdivision Use: Depends on the specific proprietary structural control High Density/Ultra-Urban: Yes Drainage Area: Depends on the specific proprietary structural control. Soils: No restrictions • Higher costs than other structural control alternatives Installation and operations/maintenance requirements must be understood by all parties approving and using the system or device in question • L;Low M;Moderate H=High Note: it is the policy of this Manual not to recommend any specific commercial vendors for proprietary systems. However, this section is being included in order to provide communities with a rationale for approving the use of a proprietary system or practice in their jurisdictions. Proprietary Structural ControlsRevised 04/10 SD-188 iSWM'" Technical Manual Site Development Controls 26.1 General Description There are many types of commercially-available proprietary stormwater structural controls available for both water quality treatment and quantity control. These systems include: •Hydrodynamic systems such as gravity and vortex separators • Filtration systems • Catch basin media inserts • Chemical treatment systems • Package treatment plants • Prefabricated detention structures Many proprietary systems are useful on small sites and space-limited areas where there is not enough land or room for other structural control alternatives. Proprietary systems can often be used in pretreatment applications in a treatment train. However, proprietary systems are often more costly than other alternatives and may have high maintenance requirements. Perhaps the largest difficulty in using a proprietary system is the lack of adequate independent performance data, particularly for use in North Central Texas conditions. Below are general guidelines that should be followed before considering the use of a proprietary commercial system . 26.2 Guidelines for Using Proprietary Systems In order for use as a limited application control, a proprietary system must have a demonstrated capability of meeting the stormwater management goals for which it is being intended. This means that the system must provide 1. Independent third-party scientific verification of the ability of the proprietary system to meet water quality treatment objectives and/or to provide water quantity control (streambank or flood control) 2. Proven record of longevity in the field 3.Proven ability to function in North Central Texas conditions (e.g., climate, rainfall patterns, soil types, etc.) 4. Maintainability - Documented procedures for required maintenance including collection and removal of pollutants or debris. For a proprietary system to meet (1) above for water quality goals, the following monitoring criteria should be met for supporting studies: • At least 15 storm events must be sampled • The study must be independent or independently verified (i.e., may not be conducted by the vendor or designer without third-party verification) • The study must be conducted in the field, as opposed to laboratory testing • Field monitoring must be conducted using standard protocols which require proportional sampling both upstream and downstream of the device •Concentrations reported in the study must be flow-weighted •The propriety system or device must have been in place for at least one year at the time of monitoring Although local data is preferred, data from other regions can be accepted as long as the design accounts for the local conditions. Local governments may submit a proprietary system to further scrutiny based on the performance of similar practices. A poor performance record or high failure rate is valid justification for not allowing the use of a proprietary system or device. Consult your local review authority for more information in regards to the use of proprietary structural stormwater controls. Proprietary Structural Controls Revised 04/10 SD-189 Technical Bulletin CDS- Performance Evaluation Total Suspended Solids Removal Efficiency of Sediment with a Median Particle Size of 240 Km The Product The CDS hydrodynamic separator uses swirl concentration and continuous deflective separation to screen, separate and trap trash, debris, sediment, and hydrocarbons from stormwater runoff. At the heart of the CDS system is a unique screening technology used to capture and retain trash and debris. The screen face is louvered so that it is smooth in the downstream direction. The effect created is called “Continuous Deflective Separation." The momentum of the incoming flow is harnessed to continually shear debris off the screen and to direct trash and sediment toward the center of the separation cylinder. This results in a screen that is self-cleaning and provides 100% removal of floatab Ies and neutrally buoyant material including trash and debris 4.7 mm or larger, without blinding. The Evaluation CDS system performance evaluation was conducted under controlled laboratory conditions. Total suspended solids removal efficiency was evaluated using a custom whole-grain silica pollutant (SG= 2.65) with a target mass-median particle diameter (Dso) of 240 pm. The D50 of the test sediment (231 pm) was slightly smaller than the target. The sediment particle size distribution is shown in the figure below. A 4-ft CDS 2015 model (CDS 2015-4) with a 2400 pm screen was installed in an aluminum manhole as part of a recirculating test system. The treatment flow rate capacity was set at 1.0 cfs, with additional flow bypassed internally. The treatment flow rate of 1.0 cfs provided substantial coarse sediment removal while preserving the hydraulic conditions required for continuous self-cleaning. Grain Size Distribution by ASTM D6913/6913-M &e- inVI (B E > JQ aCiT E a)U aa ga 3 E3 CJ d•l•nl 100 90 80 70 60 50 40 30 20 10 0 10 Performance evaluation consisted of five sediment removal trials at various flow rates. For each sediment removal trial, the target influent concentration was 200 mg/L, which was achieved by dosing the test water with a calibrated dry sediment feed rate. Treated effluent water was grab-sampled and analyzed for solids concentration. 1000 Particle Diameter (pm) TB REVI IO/15/19 O 2019 Contech Engineered SolutIons LLC. a QUIKRETE Company Contech Engineered Solutions LLC • www.conteches.com C€>NTECH !NGtNltRtD SOWI tONSA anaulrcoaPPAfW Technical Bulletin The Results A total of five trials were run at flow rates ranging from 0.3 to 1.5 cfs. Sediment removal efficiencies gradually decreased as flow rate increased, ranging from 98% to 78% removal. Results are provided in the table and figure below. Testing demonstrated that the CDS 2015-4 can achieve > 80% removal of 240 pm sediment at the treatment flow rate of 1.0 cfs or less. Flow Rate (cfs) Average Influent SSC (mg/L) Average Effluent SSC (mg/L) Removal Efficiency (%) 0.3 0.6 0.9 1.2 1.5 192 198 209 194 201 3 17 32 38 44 98 91 85 80 78 100 90 80 70 60 50 40 30 20 10 Fa LUac aa4) rJ iE LU fU >a Ea) ac 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Flow Rate (cfs) CDS Models and Treatment Capacities CDS Model Typical Manhole Inner Diameter (ft) Treatment Flow Rate1 (cfs) CDS Model Typical Manhole Inner Diameter (ft) Treatment Flow Rate1 (cfs) CDS2015-4 1.0 CDS4030-8 CDS4040-8 CDS4045-8 CDS5640-10 6.3 CDS2015-5 CDS2020-5 CDS2025-5 CDS3020-6 CDS3025-6 CDS3030-6 1.0 8.4 10.51.5 2.2 2.8 10 12.6 CDS5653-10 10 19.6 3.4 CDS5668-10 10 26.6 4.2 CDS5678-10 10 35.0 CDS3035-6 6 5.3 ITreatment flow rates are scaled from the CDS 2015-4 model tested, which achieved > 80% removal of a sediment distribution with a D50 of 240 pm Contech Engineered Solutions LLC • www.conteches.com Cq>NTECH ENGiNEEReD WWT}ONS a ng•rlarm#e48ry Technical Bulletin Contech Engineered Solutions LLC • www.conteches.com C\>NTECH!miNt tReo naTioNSa u•BrurcoeeeAny CDS5653-10-C DESIGN NOTES AVAILABLE AND ARE LISTED BELOW. SOME i g B 8 11 8 i i B iI FRAME AND COVER (DIAMETER VARIES) N.T.S 3' FOR FABRICATION DRAWINGS wrrH DErAiLED STRUCTURE DIMENSIONS AND WEIGHrs. PLEASE coMrAcr YOUR covrECH ENGINEEREDSOLUTIONS LLC REPRESENTATIVE. ww.oontechEScom 5. STRUCTURE SHALL MEET AASFrro HS20 LOAD RATING, ASSUMING GROUNDWATER ELEVATION AT. OR BELOW. THE OUTLET PIPE INVERT ELEVATION. ENGINEER OF RECORD TO CONFIRM ACTUAL GROUNDWATER ELEVATION, CASTINGS SHALL MEET HS20 {AASHTO M 306) AND BE 6- IF REQUIRED. PVC HYDRAULIC SHEAR PLATE IS PLACED ON SHELF AT 80rroM OF SCREEN CYUNDER REMOVE AND REPLACE AS NECESSARY MPRI AIL NOTED OTHERWISE 2. DIMENSIONS MARKED WITH ( ) ARE REFERENCE DIMENSIONS. ACTUAL DIMENSIONS MAY VARY 4. CDS WATER QUALW STRUCTURE SHALL BE IN ACCORDANCE WITH ALL DESIGN DATA AND INFORMATION covrAiNED IN THIS DRAWING. CAS T WITH THF InG,r DURING MAI NeE CI FAN3'# [9141 CKFLL DEPTH. ANDfOR ANTbFLOTATION PROVISIONS ARE SITE6PECIF IC DESIGN CONSIDERATIONS AND SHALL BE SPECIFIED B. CONTRACTOR TO PROVIDE EQUPMENT wrrH suFFICIENrr uriNG AND REACH CAPACITY TO UFr AND SEr THE CDS MANHOLE STRUCTURE nY FNGINFFR RFcnRr (Ll urcHES PROVIDED) C. CONTRACTOR TO ADD Jotbrr SEALANT BETWEEN ALL STRUCTURE SECTIONS. AND ASSEMBLE STRUCTURED. CONTRACTOR TO PROVIDE. INSTALL. AND GROUT PIPES. MATCH PIPE INVERTS WITH ELEVATIONS SHOWN. E. CONTRACTOR TO TAKE APPROPRIATE MEASURES TO ASSURE UNIT IS WATER T)GFrr. HOLDING WATER TO FLOWLINE INVERT MINIMUM rr ISSUGGESTED TRAT ALL Joins BELOW PIPE IWERTS ARE GROLrrEDELEVATION A-Ams & [SH ETOINEEiEFSoumoB LLC : T===:::==1 4:1:ItIs) CDS5653- 10-C INLINE CDS STANDARD DETAIL CDS STORMWATER TREATMENT UNIT \ / 1I 111 11 INLET PIPE TO CDS : I II I II I II OUTLET PIPE FROM CDS C/) LU nc < > I 8 111 111 iII E [)3 E d2 g g di9 g B0 gai 2 g !!g g2 !! g g B ! g a g g [) g i INLET PIPE OUTLET PIPE U r FLOWn=n•HIHnn FLOW====He BYPASS MANHOLE CONCRETE BYPASS WEIR THIS PRODUCT MAY BE PROTECTED BY ONE OR MORE OF THE FOLLOWING U.S. PATEMrS: 5,788.848: 6.641.720: 6.51 1.595: 6.581.783; RELATED FOREIGN PATENTS, OR OTHER PATENTS PENDING. CDS STORMWATER TREATMENT SYSTEM ENGINEERED SOLUTIONS LLC TYPICAL OFFLINE LAYOUT 9025 Centre Pointe Dr., Suite 400, West Chester, OH 45069 www.ContechES.com WITH BYPASS MANHOLE STRUCTURE 800-338-1122 513-645-7000 513-645-7993 FAX D EpR5JECT No.: M Q N ECKm APPENDIX D RUbSei: a E !!a II gg!!! S'?:WT:Tf '_I- f,--'-'-jns_r+ 1 inel : undo } C+HP. - - t; i+& M'Hq : UM++IN aS giS u D gbb: LLILLI #!a }} !!!,I : Has Not Been Reviewed by City Engineer jijgj{ Ea Eg !! giiii Of0LL LU1-r) bZ C)a on LLIE C) < E-1 Sa C/) C)F C/) 89-J Z g ncD g P £ii g az fia B g i li IiI: Preliminary, Has Not Been Reviewed by City Engineer M:Ii 3 \ H€V'z•a>iITXI ;1 E 38 :ii; &b fJ gg bZ J=====bAr+_n__. G-#:::–=-_b . ____:: WSE 677.0 (1' UNDER THE TOP OF WALL AT OLrrFALL) KUME;127horr / At :1 ! i i Preliminary, Has Not Been Reviewed by City Engineer i I ii!i ilili ii!!i! APPENDIX E PLANTING TIPS: SLOPE-PONO-'8£RM 1 . Chisel, rip. root plow, cultivate, till or otherwise loos- en the front, top and back of dam 2-4" deep. Make only one pass running sideways on the contour with imple ment. Use hand tiller if you can't handle a tractor. Do not run up and down the slope: unless using a dozer with steel tracks. Leave surface rough, as clods will help dis- perse rain drops. Put duals on tractor for severe slopes to stabilize the operation. Always think safety first! DAM SLOPE IVIrx UrF£R SLor€ \VILorLOw£R Plant in the fall. Add to your Dam Slope grass mix if you seed in the fall. Or it can be fall-overseeded into your spring-planted Dam Slope grass mix MIX After years of watching hopeful pond constructions followed by dismal failures to establish vegetation, this mixture employs many hardy native grasses known to succeed the unique and often harsh environments found on slopes and detention basins. li ).~:: I' p FIJi. IiIIf i!Febr,IIly. ah! (Ichai Rte GI \VILDFL{}\\-ERS Bluebonnets, Purple Prairie Clover, Partridge Pea Texas Yellow Star, Gayfeather, White Prairie Clover, Lemon Mint, Plains Coreopsis, Indian Blanket2 . Spread about an inch layer of black compost over the ripped ground to help give seeds a boost. Lightly disc only one pass on the contour running sideways...not up and down. Again , leave it rough. publistka rale. For exan3pie . if you are planting one a=it: rise ltD It*s of Cereal Rvc Grain with 20 ihs of dE ! >_:: i S: fj\ \Ii\ Also see upper slope wildflowers 3. Broadcast seeds. Use Dam Slope Mix over entire area. Add Wetland Fringe Mix & Drain6eld Mk along the bottom 2 feet near the water's edge for color. Include Upper Slope Wildflowers 2ft above water line. \V£TLANO FRrNC,1, h'Irx I)RAINFiELD IVlix For areas that have periodic moist soils such as septic drain6eIds, drainage channels, or side slopes of detention basins. Native warm season perennial grasses selected for adaptability to a wide range of growing conditions. Cereal rye grain provides temporary quick cool-season cover to help meet county septic system ordinances GRASSES Big Bluestem, Bushy Bluestem, Cereal Rye Grain Eastern Gamagrass, Green Sprangletop, Prairie Wildrye, Switchgrass, White Tridens A perfect collection of colorful, healing diversity for damaged and disturbed wetland fringe areas. Consider planting together with taller, moisture-loving grasses for erosion control and habitat improvement along water edges. \\;lIJDFiJO\VERS Clasping Coneflower, Spiderwort, Pink Evening Primrose, Illinois Bundleflower, Black-Eyed Susan, Pitcher Sage. Maximilian Sunflower, Obedient Plant, Plains Coreopsis, American Basketflower 4 . Don't let dozer leave linear up and down cleat marks which will start eroding upon the frrst rain (see ruts in photo). Keep dozer on site until the last passes are made going up and down the slopes. In this fashion . the dozer will leave cleat marks running with the contour. Cleats could be used to press seeds in. Dozer imprints and use of Erosion Control Blankets will help stop erosion, hold water, enhance germination and provide wind protection to seedlings. Pray for mild rains, no frog stranglers 74 NATrVE AM£RIC,a ;UD • 800 728 4043 qF:I*{ EXHIBIT D i ;b !! li a iiibZ: ! iii ii li E i i li :I i W ***" @:**;„", a,@**=f,h,@*;:.;%:gl! ! ! ! ! ! ! !T Inn n w + = 1 = = 1 w ={##F = } = = F =:L n =-X! ! ! ! ! ! ! ! +! W n 1+ M 1 M M 7 W f +W r W W r Mr = W =="„qL„,F)KTlfG I '+PReTFCTFI) RE:S TO BE REM(AEDW k£QSTIK {-' \: J=; arrsD£ nPE7rYqfihrILTI ii i i i bC b) ac on LLIE !: b 111 g9LU aaLU ac E E g g g i ’i i g li ! I REFERENCE SHErr U.02 FOR ENLARGEMENT ii ! 11 ! i !! !!!i g g I b if!!! mi\iAaF= D(-01 i 11 ! i lii C ii; i \7 I ! i : i i i i i i ii i li li li FREE : ii;! i F i i i a iC) El fE ! ! ! ! ;I ! ii: iii ; : iI !E i D(-02 sb£Fr qLnnfR EXHIBIT E AESA PLAN CONSERVATION EASEMENT AGREEMENT THIS AESA PLAN CONSERVATION EASEMENT AGREEMENT (this "AW„m,„t") i, m,d, ,nd effective as of this dd,y ,f ML, 20d(“Effectiv, D,t,”), by*,„d between ACME BRICK COMPANY, a Delaware corporation ('’Grantor"), and the CITY OF DENTON, a Texas home rule corporation ("City"). RECITALS : 1. Grantor is the record owner of fee simple title to a certain parcel(s) of real property consisting of 56.75 acres, more or less, located and situated in the City of Denton, Denton County, Texas and more particularly described in that Correction General Warranty Deed, Document No. 95-34210 filed in the Deed Records of Denton County, Texas, on June 12, 1995 (the “Property”). 2. On March 16, 2021, City approved Grantor’s application for an Alternative Environmental Sensitive Area Plan (“AESA“) (AESA20-0006e) on a portion of the Property. 3 . As a condition of approval of the AESA pursuant to Section 2.8.4D of the Denton Development Code, Grantor offered to grant a conservation easement for the protection and conservation of a 2.1-acre portion, more or less, of property more particularly described in and depicted on attached Exhibit “A“ (hereinafter “Easement Property”). 4. The AESA Report confirming the presence of environmentally sensitive areas on the Easement Property, attached hereto as Exhibit “B” and incorporated herein for all purposes, is acknowledged by the Grantor and City to be complete and accurate as of the Effective Date. 5. The conservation easement granted by this Agreement benefits the portion of the Property depicted as “Development Impact Area” (the “Development Impact Area”) on Exhibit “C” attached hereto and incorporated herein for all purposes and described in Exhibit “C-1” attached hereto and incorporated herein for all purposes. If the Development Impact Area is divided, subdivided, or partitioned from the Property, the Easement Property shall either 1. be located and included with the resulting Development Impact Area lot or parcel where the primary use of the Development Impact Area is located, or 2. be encumbered by a maintenance easement benefitting and serving the resulting lot or parcel on the Development Impact Area where the primary use of the Development Impact Area is located that authorizes the owner of the Development Impact Area where the primary use of the Development Impact Area is located the right and obligation to (a) access and enter the Easement Property, (b) bear all responsibility, including costs and liabilities of any kind, related to the ownership, operation, upkeep and maintenance of the Easement Property, (c) enforce the requirements of the AESA and the terms of this Agreement, and (d) cure any defaults of the AES A and this Agreement. NOW, THEREFORE, in consideration of the City’s approval of AESA20-0006e, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor creates and grants unto the City a conservation easement (“Conservation Easement“) for the purposes set forth in this Agreement, over, under, and across the Easement Property to preserve environmentally sensitive areas as depicted and described in the AESA Report. 1. Prohibited Activities. Any activity on, or use of, the Easement Property inconsistent with the purpose of the Conservation Easement is prohibited. The Easement Property shall be preserved in its natural condition and restrIcted from any development that would impair or interfere with the conservation values of the Easement Property. Without limiting the generality of the foregoing, the following activities and uses on the Easement Property are expressly prohibited, restricted, or reserved as indicated hereunder: A. Vegetation: There shall be no removing, destroying, cutting, trimming, mowing, shredding, burning, harming, or altering of any vegetation, or disturbing or changing in any way the natural habitat existing on the Easement Property. Grantor may remove diseased, invasive or non-native trees, shrubs, or plants; cut and mow firebreaks and existing road rights-of-way; and remove trees, shrubs, or plants to accommodate maintenance of permitted improvements or other uses expressly permitted under the terms of this Conservation Easement. With written approval of the City, Grantor may remove potentially invasive plants from the Easement Property for habitat management purposes consistent with the intent of this Conservation Easement. Except as necessary for activities expressly permitted in this Conservation Easement and with written permission from the City, there shall be no farming, tilling, or destruction and removal of native vegetation on the Easement Property. There shall be no planting of invasive or potentially invasive non- native plant species anywhere on the Easement Property. The City will provide a list of potentially invasive species upon request. There shall be no use of pesticides, including but not limited to insecticides, fungicides, rodenticides, and herbicides unless agreed to in writing by the parties. B. Predator and Nuisance Species Control: Grantor, with written approval of the City, shall have the right to control, destroy, or trap predatory, exotic, invasive, and problem animals on the Easement Property that pose a material threat to people, livestock, other animals, or habitat conditions in accordance with applicable state and federal laws and requirements. C. Uses: No agricultural, residential or industrial activity shall be conducted upon the Easement Property. There shall be no storing or dumping of soil, trash, ashes, garbage, waste, yard waste, debris, abandoned vehicles, appliances, machinery, or hazardous substances, or toxic or hazardous waste, any placement of underground or aboveground storage tanks or other materials on the Easement Property that may negatively impact or be detrimental to the Easement Property or to the surface or subsurface waters of the Easement Property or activity detrimental to the preservation of the specified trees identified in the AESA Report. Livestock animals shall not be allowed on the Easement Property. Any right of passage for any activity or use set forth in this paragraph is also prohibited. D. Subdivision: The Easement Property may not be further divided, subdivided, or partitioned. 2 E. Topography: There shall be no change in the topography of the Easement Property. There shall be no surface mining, filling, excavating, grading, dredging, mining or drilling upon the Easement Property, and there shall be no removing of topsoil, peat, sand, gravel, rock, minerals or other materials from the Easement Property except to restore natural topography or drainage patterns. F. Soil or Water Degradation: There shall be no use of, or the conducting of any activity on, the Easement Property that causes or is likely to cause soil degradation, erosion, depletion or pollution of, or siltation on, any surface or subsurface waters of the Easement Property, and there shall be no change to the surface or subsurface hydrology of the Easement Property in any manner. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding, or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the Easement Property by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. G. Construction: There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock, or any other temporary or permanent structure or facility or any other man-made structures on the Easement Property except in connection with the repair, maintenance, or replacement (but not expansion) of any structures and other improvements located on the Easement Property as of the Effective Date of this Agreement. H. Roads: There shall be no construction of roads or permanent trails or walkways on the Easement Property; nor any enlargement, widening, improvement or modification to any existing roads, trails, or walkways or any other rights of way on the Easement Property. Maintenance of existing roads shall be limited to removal of dead vegetation, necessary pruning or removal of obstructing trees and plants, and/or application of permeable materials (e.g., sand, gravel, and crushed stone) as necessary to correct or prevent erosron. 1. Vehicles: Use of vehicles shall be limited to access to the site for monitoring, maintenance, fire protection/emergency action, or other approved activities on the Easement Property. Off road vehicular access is expressly prohibited. 2. Exceptions. Grantor for itself, its successors and assigns, further grants the City the affirmative right, but not the obligation, to do the following on the Easement Property: Enter upon the Easement Property at any time to enforce compliance with the terms of this Agreement. 3. Warranty of Title, The Grantor warrants that it is the owner of the Easement Property and has the right, title and capacity to convey to the City the Conservation Easement herein 3 4. Environmental Matters. The City shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Easement Property or Property prior to the Effective Date of this Agreement. 5. Rights of Grantor and City. Grantor, or upon Grantor’s transfer of fee title of the Easement Property, Grantor’s heirs, successors and assigns, retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the Easement Property, and enforcement of the rights and restrictions of this Agreement, except to the extent any such costs and liabilities are incurred due to the acts and/or omissions of the City or its authorized representatives, successors, and assigns. City or its authorized representatives, successors, and assigns, shall have the right, but not the obligation, to enforce the rights and restrictions of this Agreement and to access the Property and enter the Easement Property at all reasonable times for the purpose of inspecting the Easement Property to determine if the Easement Property and/or Grantor or any of its successors and assigns is in compliance with the terms, conditions, restrictions, and purposes of this Agreement and to take whatever actions are necessary to preserve or restore existing trees and retain open space on the Easement Property. City may charge the Grantor the reasonable costs of such preservation or restoration. Access by the City to the Easement Property is limited to access necessary for purposes of inspection and enforcement as specified in this paragraph. City acknowledges and agrees that the if the Development Impact Area is divided, subdivided, or partitioned from the Property, the Easement Property shall either 1. be located and included with the resulting Development Impact Area lot or parcel where the primary use of the Development Impact Area is located, or 2. be encumbered by a maintenance easement benefitting and serving the Development Impact Area where the primary use of the Development Impact Area is located that authorizes the owner of the Development Impact Area where the primary use of the Development Impact Area is located the right and obligation to (a) access and enter the Easement Property, (b) bear all responsibility, including all costs and liabilities of any kind, related to the ownership, operation, upkeep and maintenance of the Easement Property, (c) enforce the requirements of the AES A and the terms of this Agreement, and (d) cure any defaults of the AES A and this Agreement. 6. Release. Grantor hereby remises, releases, acquits and forever discharges, the City and any and all of its officers and employees of and from any and all claims, demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water over and upon any or all of the Easement Property within the terms of this Agreement except to the extent caused by the acts and/or omissions of the City or its authorized representatives, successors, and assigns. City hereby remises, releases, acquits and forever discharges, the Grantor and any and all of its officers and employees of and from any and all claims, demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water over and upon any or all of the 4 Easement Property within the terms of this Agreement to the extent caused by the acts and/or omissions of the City or its authorized representatives, successors, and assigns. 7. INDEMNIFICATION GRANTOR HEREBY DOES AGREE TO FULLY DEFEND, INDEMNIFY. AND HOLD HARMLESS THE CITY, ITS OFFICERS, ELECTED AND APPOINTED OFFICIAI IS, AGENTS, CONTRACTORS AND EMPLOYEES (COLLECTIVELY, “CITY PERSONS”) FROM ALL LIABILITY OF ANY NATURE OR KIND, INCLUDING COSTS AND EXPENSES FOR, OR ON ACCOUNT OF, ANY CLAIMS, CAUSES OF ACTION, DEMANDS, SUITS, LOSSES, ATTORNEYS FEES, OR DAMAGES OF ANY CHARACTER WIIATSOEVER BROUGHT FOR PROPERTY DAMAGE OR PERSONAL INJURY ARISING FROM OR RESULTING IN WHOLE OR IN PART FROM THE CONDITION, USE, OR OPERATION OF THE EASEMENT PROPERTY AND THE PERFORMANCE OR OMISSION OF CITY PERSONS OR GRANTOR OR ANY EMPLOYEE, AGENT, OR REPRESENTATIVE OF GRANTOR. IN THE IMPLEMENTATION AND PERFORMANCE OF THIS AGREEMENT. 8. No Public Interest. Nothing contained herein or the approval of the AESA Plan shall be construed as creating any use rights in the general public or as dedicating for public use any portion of the Easement Property, except as expressly described in this Agreement. 9. Binding Effect; Enforceability. The terms and conditions of this Agreement shall run with the land and be binding on the Grantor, and Grantor's heirs, successors and assigns. This Conservation Easement is enforceable by the City acting through its City Council 10. Amendment. This Agreement may be amended, modified or released by an instrument signed by the City and the Grantor, or its respective heirs, successors and assigns in interest to the Easement Property. IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of day and year set forth above. CITY OF DENTON. TEXAS ,\\\\\t IIII if/ ATTEST: - Rosa Rios, City APPROVED AS TO LEGAL FORM: Aaron Leal, City Attorney GRANTOR ACME BRICK COMPANY By: THE STATE OF TEXAS ) ) ) COUNTY OF TARRANT This instrument was acknowledged before me on the day of , 2020, by the of Acme Brick Company, a Delaware corporation on behalf of the entity, Grantor. Notary Public DRAFTED BY: City of Denton 215 E. McKinney St. Denton, Texas 76201 (940) 349-8333 EXHIBIT "A" LEGAL DESCRIPTION BEING a tract of land situated in the Alexander Hill Survey, Abstract No. 623, City of Denton, Denton County Texas and being a portion of a tract of land described in Special Warranty Deed to ACME DENTON COMPANY recorded in Document No. 95-0034210 of the Official public Records, Denton County, Texas and being more particularly described as follows: COMMENCING at the southwest corner of a called 9.2424 Acre tract of land described in Special Warranty Deed to Westwind Mac Investors recorded in Document No. 2017-147614, of said Official Public Records; THENCE South 0'12'22'’ East, a distance of 435.91 to the POINT OF BEGINNING and the following courses and distances: South 88'51'08" East, a distance of 458.68 feet to a point for corner; South 1'21'15" West, a distance of 310.00 feet to a point for corner; North 88'51'08" West, a distance of 220.00 feet to a point for corner; North 1'21'15" East, a distance of 210.00 feet to a point for corner; North 88'51'08" West, a distance of 235.95 feet to a point for corner; North 0'12'22" West, a distance of 100.03 feet to the POINT OF BEGINNING and containing 2.110 acres of land. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202),North American Datum of 1983. This document was prepared under 22 TAC 5663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. ALEXANDER HILL SURVEY, ABSTRACT NO. 623 CITY OF DENTON CONSERVATION EASEMENT EXHIBIT DENTON COUNTY, TEXAS 9.2424 ACRES WESTWIND MAC INVESTORS DOC. NO. 2017-147614 O.R.D.C. T,IPF Fa) y LLI eNal Lo ACME BRICK COMPANY DOC. NO. 95-0034210 D.R.D.C. T. S88'51'08"E 458.68 NO'12'22"W 100.03 8ialgiwm 2.1105 ACRES 91,932 SQ. FT. ACME BRICK COMPANY DOC. NO. 95-0034210 D.R.D.C.T HUgo BLANKENSHIP, MATrHEW 10/27/2020 10:04 AM K:\DAL SURVEY\064545201-ACME BRICK 35E & 377 DENTON\DWG\ACME BRICK 35E 377 DENTON CONSERVATION AREA EXHIBIT.DWG EXHIBIT "B" DENTON Upland Habitat Assessment Version 3, J. Dailey, October 2012 Owner: Acme Brick Company TrakIt #: ESA19-0013 Address or location: _West of Sam Bass Blvd and Londonderry Ln Common names Post Oak ElmCedar Elm/, Comments Species listed represent majodty of old growth trees ranging from 10 to 30-caliper inches Re-growth canopy trees (d,mi„,„t ,p„„,) Scientific names stellate Ulmus ercus maritandica Cettis Ita Common names Post Oak Cedar Elm/American Elm Blackjack Oak Hac % cover Small trees/saplings (d,mi,,.t ,p„i„) Scientific names stellate Ulnrus JL Common names Post Oak Cedar Elm Eastern Redcedar cus marilandica Celtis laevi Blackjack Oak Comments Understorv - shrub / vine / forbs / grass (d,mi.,.t ,p„i„) Scientific names Common names Chinese Prvet Green Biar Upland Beau trrwn sinense Various \a arttertcana Comments Chinese privet dominant along edges of tree lines Dead Timber F St,ndi,B F Fallen F Detritus/leaf litter Soil Type P A16sol or Ultisol (red sandy-loam with sandstorn rocks) [ Other Soil map unit name(s):Birome Urban land complex, 1 to 5 percent slopes Attachments: City of Denton Mapped ESAs (Sheet 1 ) Site Photos (from site visits on 9/9/2020 and 9/10/2020) Web Soil Survey Soils Map Comments: The forested area assessed on the Acme Brick property was previously mapped as Upland Habitat ESA, but was removed in 2015 (ESA15-0006) as it did not meet the 10-acre size criteria. Based on our assessment, the dominant vegetative community (specifically Post Oak and Blackjack Oak) and soils are typical of Cross Timbers habitat. However, the forest is less than 10-acres and does not meet the City’s criteria of Upland Habitat ESA. Conclusions: Based upon the site hrspection by the City of Denton, the area in question is NOT an ESA and therefore is not subjected to the p- ESA requhements outlined h the Denton Development Code. All other appropriate aspects of the Denton Development Code1 however, still apply. The official city ESA map will be updated to remove the area from ESA status r- 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 h 1 Section 17 of the Denton Development Code F- Based upon the site inspection by the City of Denton, insufficient information is available to determine the ESA status of 1 the area h 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. Field investigator:Sierra Gibbons Date:12/16/2020 }:,'_{,%./&,'el ,Approval: Date:17 Dec 2020 + ,; 1a el:iT In Legend n Assessment Area Upland HabItat ESAn ExIstIng ZZ Removed Riparian Buffer ESA = ExIstIng [ZZ] Removed SHEET 1 City of Denton Mapped ESAs Nearmap May 2020 Upland Habitat ESA Assessment Denton, Denton County, Texas Kimley »>Horn 02 ’.!{ifJitI ;Clr : : i Ii)R&f!q8P hpl-ii::;iiafi{ 03 W* ;r: Photos were taken on 09/09/2020 B ED Ex Soil Map–Denton County, Texas B b B 3? if 3? N 100 ___b , 674180 8 g 33' 11' 3? N +- i rj g g }- -Tx g i Map may not be valid at this scale 3y 11'22" N +I 33' 11' 22" N B b Ex N A 674Z B N & Metus 120 I0 Map Me: 1:1,680 f printEd on A preatt (8.5' x 11") Met Beet0 50 100 m m Map W)M>n: web Muratnr CZ>mermortRratm; WGS&+ RJgeUa: UTM Zbne 14N WGS&+ 40 8020 Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 12/1 6/2020 Page 1 of 3 Soil Map–Denton County, Texas MAP LEGEND MAP INFORMATION Area of Interest (AOI) [] Area of Interest (AOI) Soils [] SOil Map Unit Polygons B B a 9 A Spoil Area Stony Spot The soil surveys that comprise your AOI were mapped at 1 :24,000 Very Stony Spot Warning: Soil Map may not be valid at this scale +v Soil Map Unit Lines Wet Spot Other Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale,Special Point FeaturesU Blowout a Soil Map Unit Points Water Features , __-. Streams and Canals +U Special Line Features 8 X a X Borrow Pit Transportation 1 1 1 Rails Please rely on the bar scale on each map sheet for mapmeasurements, Clay Spot Closed Depression Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857)Gravel Pit np Interstate Highways US Routes Gravelly Spot Major Roads Local Roads Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area. such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required 0 A & R Oa V + Landfill Lava Flow Marsh or swamp Background Aerial Photography This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Mine or Quany Miscellaneous Water Soil Survey Area: Denton County, Texas Survey Area Data: Version 17, Jun 11, 2020 Perennial Water Rock Outcrop Soil map units are labeled (as space allows) for map scales 1 :50,000 or larger. Saline Spot Sandy Spot Date(s) aerial images were photographed: Oct 29, 2016–Nov 29, 2017 Severely Eroded Spot The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident.+ b X Sinkhole Slide or Slip Sodic Spot g:i Natural Resources Conservation ServIce Web Soil Survey National Cooperative Soil Survey 12/16/2020 Page 2 of 3 Soil Map–Denton County, Texas Map Unit Legend Map Unit Symbol 7 15 Totals for Area of Interest Map Unit Name Arents, hilly, occasiona11y flooded Birome-Urban land complex, 1 to 5 percent slopes Acres in AOI Percent of AOI 7.4% 92.6% 100.0% A Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 12/1 6/2020 Page 3 of 3 EXHIBIT ng 1.sri.814 SQL Fr. I I I I I I ;B ! ! ! DEVELOPMENT IMPACT AREA EXHIBIT 36.2216 ACRES ALEXANDER HILL SURVEY. ABSTRACT NO. 623 CITY OF DENTON, DENTON COUNW. TEXAS o nyPD lun TEl+Ciii 'TTC=BTF#£Vg EXHIBIT "C-l" DEVELOPMENT IMPACT AREA DESCRIPTION BEING a tract of land in the Alexander Hill Survey, Abstract No. 623, in the City of Denton, Denton County, Texas, and being a portion of a tract of land as described in Correction General Warranty Deed to Acme Brick Company, recorded in Document Number 95-34210, Official Records, Denton County, Texas, and being more particularly described below: BEGINNING at a 5/8” iron rod found for the northwest corner of Lot 1 , Westwind Addition, an addition to the City of Denton, Tarrant County, Texas, according to the plat recorded in Cabinet C, Page 246, Plat Records, Denton County, Texas and the southwest corner of Lot 1 R, Block A, Lewis Medical Addition, an addition to the City of Denton, Denton County, Texas, according to the plat recorded in Cabinet H, Page 1 19, of said Plat Records; THENCE with the west line of said Lot 1, South 0'12'22” East, passing at a distance of 844.23 feet, an iron pipe found for the southwest corner of said Lot 1 , continuing over and across said Acme Brick Company Tract for a total distance of 1 ,007.36 feet to a point for corner; THENCE continuing over and across said Acme Brick Company Tract, South 88'51'08" East, a distance of 498.48 feet to a point for corner in the east line of said Acme Brick Company tract and the west line of a tract of land as described in Sheriff's Deed to Denton Independent School District (DISD), recorded in Instrument Number 2009-100150 of said Official Records; THENCE with said east line of the Acme Brick Company tract and the west line of said DISD tract, South 0'05'49" East, a distance of 50.01 feet to a point for corner; THENCE departing said west line of the DISD tract, over and across said Acme Brick Company tract, the following courses and distances: North 88'51'08" West, a distance of 513.53 feet to a point for corner; North 56'47'47" West, a distance of 89.04 feet to a point for corner; South 0'00'00" East, a dIstance of 276.14 feet to a point for corner; North 90'00'00'’ West, a distance of 361.26 feet to a point for corner; South 60'30'33" West a distance of 62.24 feet to a point for corner; a distance of 244.02 feet to a point for corner; North 5'31 ’42” West, a distance of 39.27 feet to a point for corner; North 55'29’22” West, a distance of 1 26.73 feet to a point for corner; North 36'18'15" West, a distance of 124.26 feet to a point for corner; North 61'31'03" West, a distance of 76.08 feet to a point for corner; North 9'41'20'’ East, a distance of 81.70 feet to a point for corner; North 74'23'11 " West, a distance of 728.77 feet to a point for corner; North 15'36'49" East, a distance of 359.17 feet to a point for corner in the east right-of- way line of the Missouri & Pacific Railroad (100-foot wide right-of-way); THENCE with said east right-of-way line of the Missouri & Pacific Railroad, North 27'34'34" East, a distance of 607.54 feet to a point for corner; departing said east right-of-way line of the Missouri & Pacific Railroad, and over and across said Acme Brick Company tract, the following courses and distance: South 74'23'1 1 " East, a distance of 580.10 feet to a point for corner; North 54'27'12" East, a distance of 1 9.08 feet to a point for corner; North 9'27'12" East, a distance of 217.75 feet to a point for corner in the south right-of- way line of Interstate Highway 35-East; and at the beginning of a non-tangent curve to the right having a central angle of 0'36’59", a radius of 5,579.58 feet, a chord bearing and distance of South 78'35'42'’ East, 60.03 feet; THENCE with said south right-of-way line of Interstate Highway 35-East, in a southeasterly direction, with said curve to the right, an arc distance of 60.04 feet to a point for corner; THENCE departing said south right-of-way line of Interstate Highway 35-East, over and across said Acme Brick Company tract, the following courses and distance: South 9'27'12" West, a distance of 162.82 feet to a point for corner; North 89'59'47" East, a distance of 501.20 feet to a point for corner in the west line of said Lot 1 R; THENCE with said west line of Lot 1 R, South 0'12'22'’ East, a distance of 1 08.11 feet to the POINT OF BEGINNING and containing 36.2216 acres or 1,577,814 square feet of land.