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AESA22-0002b
ORDINANCE NO. AESA22-OO02b AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN ALTERNATIVEENVIRONMENTALLY SENSITIVE AREA PLAN FOR A SITE GENERALLY LOCATED ONTHE SOUTHWEST SIDE OF THE INTERSECTION OF WESTERN BOULEVARD AND JIM CHRISTAL ROAD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTINGAN AMENDMENT TO THE CITY’S OFFICIAL ENVIRONMENTALLY SENSITIVE AREASMAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FORVIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFE(_'TIVEDATE. (AESA22-OO02b) WHEREAS, Trey Braswell of Kimley-Horn & Associates, on behalf of the property owner, Exeter Masch Branch Land LP (“Owner”), seeks to develop approximately 96.74 acres of land described in Exhibit “A” and depicted on the map provided on Exhibit “B,” both attached hereto and incorporated herein by reference (the “Property”); and WHEREAS, in order to develop the Property, the Owner proposes to remove approximately 0.47 acres of Riparian Buffer Environmentally Sensitive Area, as shown in Exhibits “C-1” and “C-2” attached hereto and incorporated herein by reference and as defined in the 2019 Denton Development Code (“Riparian Buffer ESA”), from the Property; and WHEREAS, Owner has applied for an Alternative Environmentally Sensitive Area Plan(“Alternative ESA Plan”) on land depicted as “Impact Location 1 ” and “Impact Location 2“ on the map provided as Exhibit “D” attached hereto and incorporated herein by reference (collectively, the as “Impact Location 1” and “Impact Location 2” 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 “D,” 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 August 10, 2022, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, gave requisite notices by publication and otherwise, afforded full and fair hearings to property owners and interested citizens, and recommended approval with conditions (4-0-1 recusal) of the Alternative ESA Plan on the AESA Property; and WHEREAS, on August 16, 2022, 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, 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 andadoption 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 CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The Alternative ESA Plan only mitigates the impact of development of the Property on the Riparian Buffer ESA and is hereby approved with the following conditions: 1. 2. 3. Land disturbances within the Riparian Buffer ESA are limited to approximately 0.47 acres, as described and depicted in Exhibits “C-1” and “C-2”. Within 14 days following the construction of the stormwater infrastructure the applicant shall apply a vegetative cover of the stormwater infrastructure, as described in Exhibit“D” Vegetation established as a part of the approved revegetation plan are to be seeded and maintained across a 3.81-acre area by the Property owner/developer 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 Property owner/developer to achievea minimum 90% land cover rate. Following the installation and inspection of the revegetation, the Property owner shall submit an annual report to the Environmental Services Director during the first three (3) years describing the cumulative mitigation work performed and the survivability of the plantings for staff review and inspection. Within 30 days of approval of the report by staff,the applicant shall replace any plants that were identified in the report as removed, destroyed, or dead. The Property owner retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the AESA Property, and the responsibility to implement and enforce the requirements of the Alternative ESA Plan, and cure any defaults of the Alternative ESA Plan. 4. 5. SECTION 3. The City’s official ESA map is hereby amended to show the change in the Alternative ESA classification for the AESA Property. SECTION 4. The City Council of the City of Denton approves and accepts the AlternativeAESA Plan attached as Exhibit “D”. SECTION 5. If any provision of this ordinance or the application thereof to any person orcircumstance 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 Page 2 of 3 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. The motion to approve this ordinance was made by Ucb Mds and seconded by Vicki B'afA , the ordinance was passed and approved bythe following vote LL - Aye 1/t/ b/ prZF 1/ Nay Abstain Absent Mayor Gerard Hudspeth:Vicki Byrd, District 1 :Brian Beck, District 2:Jesse Davis. District 3 : Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED this, ATTEST: ROSA RIOS, CITY SECRETARY At111111111 1==2d/ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY J++I@\ // \AIN \: : ; ;(JJ:FIT R : : 4 1 : 3 3BY: J v -05'OO' Page 3 of 3 Exhibit A JOHN SCOTTSURVEY-ABSTRACT NO.1222CITY OF DENTON, DENTONCOUNTY, TEXAS METES AND BOUNDS DESCRIPTION Being a tract of land, situated in the John Scott Survey, Abstract No. 1222, inthe City of Denton, Denton County, Texas, and being a part of that called125.6898 acre tract of land, described by deed to Ed Wolski, Trustee and VirginiaFryman, as recorded in Volume 2895, Page 470, of the Deed Records, DentonCounty, Texas, (D.R.D.C. T.), said tract being more particularly described as follows: BEGINNING at a mag nail set, for the northwesterly corner of the hereindescribed subject tract, same being in the northerly line of said 125.6898 acretract, being in Jim Christ al Road, and also being the northeasterly corner of a called 11.441 acre tract of land, described by deed to the City of Denton,as recorded under Doc. Number 2005- 30268, of the Official Records, DentonCounty, Texas (O.R.D.C. T.); THENCE South 59'59'55" East, along the northerly line of said 125.6898 acretract, same being along Jim Christal Road, a distance of 1133.45' to a mag nail set for the northeasterly corner of said 125.6898 acre tract, same beingthe northwesterly corner of the remainder of Section 1, Tract Seven, as described bydeed to Rayzor Investment s, Ltd., as recorded in Volume 1796, Page 601,D.R.D.C.T THENCE South 00'20'33" West, along the easterly line of said 125.6898 acretract, passing a 1/2" iron rod wit ha yellow plastic cap stamped "RP LS 5686" ata distance of 455.20' and at a distance of 1571.87’ and also at a distance of 3265.32’, and continuing a total distance of 3958.00' to a 1 /2" iron rod wit hayell ow plastic cap stamped '’RP LS 5686" found for the southeasterly corner of said 125.6898 acre tract, same being an " eII " cornerof a tract of land,described by deed to SP DENTON 1, LLC, as recorded under Doc. Number 201 9-653990.R.D.C T THENCE North 89"32'02" West, along the southerly line of said 125.6898 acretract, a distance of 764.20' to a 5/8" iron rod found for the most southerlysouthwest corner of said 125.6898 acre tract, same being the southeasterlycorner of a tract of land, described by deed to Dwayn J. Williams and wife, SondraWilliams, as recorded under Doc. Number 2006 - 135 900, O.R.D.C. T.; K THENCE North 00"20'48" East, along the easterly line of said Williams tract, adistance of 1611.44' to a 1/2" ironrod found for the northeasterly corner of said Willi am s tract; THENCE North 89"50'55" West,along the northerly line of said Willi am s tract, a distance of 447.94' to a 1/2" iron rod found for the northwesterly cornerof said Williams tract, same being the southeasterly corner of a called6.09 acre tract, described as Second Tract, by deed to the City of Denton,as recorded in Volume 857, Page 524, of the D.R.D.C.T., same being thenortheasterly corner of a call ed 8.10 acre tract, described as Third Tract , tothe City of Denton, as recorded in Volume 871, Page 132, D.R.D.C.T.; THENCE North 09’'49'29" East, along the easterly line of said 6.09 acres, adistance of 405.67' to a 1 /2" iron rod wit h a yell ow plastic cap stamped "RP LS5686" set (herein after referred to as a capped iron rod set), for the northeasterly corner of said 6.09 acre tract, same being the southeasterlycorner of a call ed 16.174 acre tract, described by deed to the City of Denton,as recorded under County Clerk's File No. 94 - R 007 1011, D.R.D.C. T., samebeing an " eII " corner of said 125.6898 acre tract; THENCE North 09-7 9’77" East, along the easterly line of said 16.174 acre tract, adistance of 874.43' to a capped iron rod set for the northeasterly corner of said16.174 acre tract; THENCE North 89"38’03" West, along the northerly line of said 16.174 acre tract,a distance of 294.00' to a capped iron rod set for the southeasterlycorner of theaforementioned 11.441 acre tract; THENCE North 08'’53'05" East, along the easterly line of said 11.441 acretract, a distanceof 1089.00' to the to the POINT OF BEGINNING and containing3,939,389 square feetor 90.436 a'cres of land, more or less. AESA22-0002Site Location Exhibit B l a 380 IE .aS b. a a O a O SITE II COD Parcels ETJ Roads NAA 8/1/20 SEaIED:i Development Services propetty boundaries. Although every'effort was made to ensure the accaracy of this data, no such gu5rahtee-is giverTbr implied. UTilization of this map indicates the understanding that ther6 is no gOarantee to the accaFacy of this data EXHIBIT 'A"RIPARIAN BUFFER EASEMENTJOHN SCOT SURVEY - ABSTRACT NO. 1222 CITY OF DENTON, DENTON COUNTY, TEXAS Exhibit C-1 MrrES AND BOUNDS DESCRIPTION Being a tract of land, situated in the John Scott Survey, Abstract No. 1222, in the City of Denton, Denton County,Texas, and being a part of that called 90.4241 acre tract of land, described in deed to Exeter Masch Branch Land,L.P., as recorded under Document No. 2021–0162347, of the Official Public Records, Denton County, Texas,(O.P.R.D.C.T.), said tract being more particularly described as follows: COMMENCING at a mag nail found, for the northeasterly corner of said 90.4241 acre tract, being in Jim ChristalRoad, and also being the northwesterly corner of the remainder of Section 1, Tract Seven, as described by deed toRayzor Investments, Ltd., as recorded in Volume 1796, Page 601, D.R.D.C. T.; THENCE South 66•32’01” West, along the easterly line of said 90.4241 acre tract, a distance of 1092.60’ to apoint for corner, being in the westerly line of Lot 2, Block 1, of HSV WESTPARK ADDFFION, an addition to DentonCounty, as recorded under Document No. 2020–183, O.R.D.C. T.; THENCE North 89•39’27'’ West, over and across said 90.4241 acre tract, a distance of 395.96’ to the POINT OFBEGINNING of the herein described tract; THENCE continuIng over and across said 90.4241 acre tract, the following (36) thirty–six courses and distances: 1. North 89•32’54” West, a distance of 90.39' to a point for corner; 2. South 76•56’37'’ West, a distance of 15.13' to a point for corner; 3. North 75•43’53” West, a distance of 15.54' to a point for corner; 4. South 89•59’30” West, a distance of 15.54’ to a point for corner; 5. South 72•53’44” West, a distance of 14.91' to a point for corner; 6. South 50•41’19” West, a distance of 15.16’ to a point for corner; 7. South 39•53’17” West, a distance of 8.12’ to a point for corner; 8. South 34•02’46” West, a distance of 17.45’ to a point for corner; 9. South 31•41’07” West, a distance of 18.28’ to a point for corner; 10. South 33•Q5’45” West, a distance of 9.03’ to a point for corner; 11. South 36•31’41” West, a distance of 8.81’ to a point for corner; 12. South 41•59’36” West, a distance of 8.47' to a point for corner; 13. South 51•44'35” West, a distance of 9.62’ to a point for corner; 14. South 68•57'46” West, a distance of 31.06’ to a point for corner; 15. South 69•40’26” West, a distance of 12.37’ to a point for corner; 16. South 62•20’54” West, a distance of 13.01 ’ to a point for corner; 17. North 87•39'18” West, a distance of 42.92’ to a point for corner; 18. North 21•35'08” East, a distance of 12.22’ to a point for corner; (Continued on Sheet 2 of 4) Bearings are based on the Texas State Plane Coordinate System, North Central Zone (4202),NAD83: This metes and bounds description is accompanied by a survey plot of even date. DATE: SHEET NO.: SCALE: CHK’D. BY: JOB NO.: 06/29/2022 1 OF 4 1” = 100’ M.B.A. 2021–0062 RnARiAN BUFFER EASEWNr0.310 ACRES N THEJO IDg SCOTT SURVEYABSTRACT NO. 1222CIFY OF DENTON, DENTON COUIfrY, TEXAS North Texas Surveying, L.L.C.Registued PIOfessional Land Surveyors 1010 West University DriveMcKinney, Tx. 75069Ph. (469) 424–2074 Fax: (469) 424–1997www.northtexassurveying.comFirm Registration No. 10074200 @ EXHIBIT -A"RIPARIAN BUFFER EASEMENTJOHN scoTr SURVEY - ABSTRACT NO. 1222 CITY OF DENTON, DENTON COUNTY, TEXAS (Continued from Sheet 1 of 4) 19. North 25•20’25” East, a distance of 12.20’ to a point for corner; 20. North 32•42’42'’ East, a distance of 13.10’ to a point for corner; 21. North 36•27’59” East, a distance of 26.63’ to a point for corner; 22. North 41•43'38” East, a distance of 18.34’ to a point for corner; 23. North 52•14’56” East, a distance of 18.34’ to a point for corner; 24. North 57'30’36'’ East, a distance of 52.25’ to a point for corner; 25. North 61•21'24” East, a distance of 13.42’ to a point for corner; 26. North 69•03’02” East, a distance of 13.42’ to a point for corner; 27. North 72•53’50” East, a distance of 35.43’ to a point for corner; 28. North 78•21’50” East, a distance of 19.06' to a point for corner; 29. North 89'17’49” East, a distance of 19,06’ to a point for corner; 30. South 85•14'11” East, a distance of 20.91’ to a point for corner; 31. South 81•20’47” East, a distance of 13.57’ to a point for corner; 32. South 73'34’00” East, a distance of 13.57’ to a point for corner; 33. South 69•40’37” East, a distance of 25.00’ to a point for corner; 34. South 65•02’21” East, a distance of 15.83' to a point for corner; 35. South 56•45’26'’ East, a distance of 14.63’ to a point for corner; 36. South 49•54’40” East, a distance of 10.56’ to the POINT OF BEGINNING and containing13,510 square feet or 0.310 acres of land, more or less. ABBREVIATIONS I.R.F. = Iron Rod Found (C.M.) = Controlling Monument C.I.R.F. = Capped Iron Rod Found C.I.R.S. = 1/2” iron rod with yellow plastic cap stamped “RPLS 5686” set M.R.D.C. T. = Map Records, Denton County, Texas D.R.D.C. T. = Deed Records, Denton County, Texas O.R.D.C. T. = Official Records, Denton County, Texas hI h MICHAEL B Bearings are based on the Texas State Plane Coordinate S)6tem, North Central Zone (4202),NAD83. This metes and bounds description is accompanied by a survey plat of even date. RSHEET NO., 2 OF 4 1 o.310 ACRES IN THE SCALE: 1” = 100’ 1 HWAOJf#IWCHK’D. BY: M.B. A. I CrrY OF DEMON, J DEMON COUbW’ TEXAS North Texas Surveying, L.L.C.Registered Professional Land Surveyors 1010 West University DriveMcKinney, Tx. 75069Ph. (469) 424–2074 Fax: (469) 424–1997vvw.nortIht,ex&ssurveying.comFirm Registration No. 10074200 Ow $${{?T:––MAR-PROPERTIES. LTD. ' IINSTR. NO. 201&60103.O.R.D.C.T. SURVEY PLAT WIgSIgFW=-/1 I I-[:–=-=1/4 C.I.R.F.'RRLS 5686" I rl 1 1, _111 S89'59'56"E 1 133.45' 1(J::5===m Christal Road – ====+ M=nn•= ==n=n W==••Hn ==n••n M==== ==n=In M==n n==BUIB ===n=n n==aM =nnHHjn HaBIB ==n=In ====In === =HUB ====HIP =nun=– – – – –s8©DM9 :::::]:L':\:::i – -+ –i -+ 30' UTILITY EASEMENT-DOC NO. 2011-1 12067,O.R.D.C.T. PROPOSEDRIGHT4F-WAYDEDICATION59,314 SQ. Fr.1.362 ACRES g !> Bearings are based on the Texas StatePlane Coordinate System, North CentralZone (4202), NAD83. Tbis survey plat isaccompanied by a metes and boundsdescription of even date. 30' ACCESS EASEMENTDOC. NO. 20224080.0.R.D.C.T. / CALLED 90.4241 ACRESEXETER MASCHBRANCH LAND. L.P. DOC. NO. 2021-162347,O.R.D.C.T. Sn : i ! ! -a SOO'2 O ’33 ” W 1092.60’.0 20 30 GRAPHICMLE1 inch = 30 ft. 20' UTILITYEASEMENTVOL. 1131PG. 412,D.R.D.C.TMATCH LINE MATCH LINE ++Zone ”X’' DATE: SHEET 08/29/2021 3 OF 4 1" = 100’ RmARiAN BUFFER EASEWNr0.310 ACRES ni TImJOHN SCOTT SURVEYABSTRACT NO. 1222crrY OF DENTON. DENTON COUNTY, TEXAS North Texas Surveying, L.L.C.Registered Professional Land Surveyors 1010 West University DriveMcKinney, Tx. 75069Ph. (469) 424–2074 Fax: (469) 424–1997vvw.nort;ht exassurveying.comFirm Registration No. 10074200 OwSCALE: CHK’D. BY: JOB NO.: M.B.A. 2021–0062 Z00xIaCDce.A00gAN> KS ZN)nJaCDal t :)00aFrI.AN>bhI ZN)al0N)0Meliam.AN)K)Q ZCDNaAK)F=N) =FrI,ACD,=bQ ZCDa)ah)baalCOamN)a>U)CA! ZA,=b0ACD ggam,A008 ZalK)a.AAg::m ,=beD R ZalhIaCDaaSa):::m R;baJ 0aD\1010*\CD0CDtD $£;;"::\::\.. ++ Za),AaN),At: 1 11 ,=bCD 'FbN2 Za)COaaCDt_ IN)IBm,Aa)e) !!OVq & ZxJb)aalCDal0arFI CDal B s6U20'54’'w g U Wa B3 13'. S69'40'12.37'pa g g ;ag !! iS68'57'46'W 31 .06' a+beDg gil:Ba>;g :$ $1g ! ! ! ! Q8 aLaN HaD 0 gL:E), gba 2 \g g : i cn g aN,A ErFInACD 83 gCO-0.AhI0,A Fb+cb=rr1 aD ::Z $00hI:6Br-IN i 8 }: B;Da a -b 0AJUb B: gA;aig Chi8 i n0==g;i BI8 N ig $ 8Sga:: LNg00 h: #i bg CDQ >8rrlCDV m =Z E mq & I111kI11:$ ! ! ! i Q 1HeDS 458.06 ’ /\ \63 7. 40/––-T :},.-–;;;;iF:===n==HSW WESTPARK g g 'ADDITION o I\. DOC.NO.202G183, gi0.R.D.C.T. ' 'i 50' DRAINAGE EASEMEHrDOC. NO. 201&53973 ANDDOC. NO. 201 &69700.O.R.D.C.T. I EXHIBIT "A"RIPARIAN BUFFER EASEMENTJOHN SCOT SURVEY - ABSTRACT NO. 1222 CITY OF DENTON, DENTON COUNTY, TEXAS Exhibit C-2 METES AND BOUNDS DESCRIPTION Being a tract of land, situated in the John Scott Survey, Abstract No. 1222, in the City of Denton, Denton County,Texas, and being a part of that called 90.4241 acre tract of land, described in deed to Exeter Masch Branch Land,L.P., as recorded under Document No. 2021–0162347, of the Official Public Records, Denton County, Texas,(O.P.R.D.C. T.), said tract being more particularly described as follows: COMMENCING at a mag nail found, for the northeasterly corner of said 90.4241 acre tract, being in Jim ChristalRoad, and also being the northwesterly corner of the remainder of Section 1, Tract Seven, as described by deed toRayzor Investments, Ltd., as recorded in Volume 1796, Page 601, D.R.D.C. T.; THENCE South 66•32’01” West, along the easterly line of said 90.4241 acre tract, a distance of 1046.SO’ to apoint for corner, being in the westerly line of Lot 2, Block 1, of HSV VESTPARK ADDITION, an addition to DentonCounty, as recorded under Document No. 2020–183, O.R.D.C. T.; THENCE North 89'39’27” West. over and across said 90.4241 acre tract, a distance of 128.49’ to the POINT OFBEGINNING of the herein described tract; THENCE continuing over and across said 90.4241 acre tract, the following (13) thirteen courses and distances: 1. South 47•26’36” West, a distance of 63.52’ to a point for corner; 2. South 47•49’09” West, a distance of 97.36’ to a point for corner; 3. South 86•00’33" West, a distance of 28.07’ to a point for corner; 4. South 78•29’43” West, a distance of 30.04’ to a point for corner; 5. South 23•49'27” West, a distance of 10.96’ to a point for corner; 6. North 01•46’17” West, a distance of 25.28’ to a point for corner; 7. North 40•55’20” East, a distance of 122.94’ to a point for corner; 8. South 88•39’57” East, a distance of 47.30’ to a point for corner; 9. North 69•12’01” East, a distance of 13.91’ to a point for corner; 10. North 77•Q8’34” East, a distance of 17.93’ to a point for corner; 11. North 8zF51’26” East, a distance of 8.97’ to a point for corner; 12. North 90•00’00” East, a distance of 8.97’ to a point for corner; 13. South 84•51’26” East, a distance of 5.40’ to the POINT OF BEGINNING and containing8,555 square feet or 0.196 acres of land, more or less. hI g-aT8iixE„xRIHtjE Bearings are based on the Texas State Plane Coordinate System, North Central Zone (4202),NAD83. This metes and bounds description is accompanied by a survey plat of even date. DATE : SHEET NO.: SCALE: CHK’D. BY: JOB NO.: 06/29/2022 1 OF 3 1” = 100’ M.B.A. 2021–0062 RnPARiAN BUFFER EASEWNT0.196 ACRES N TImJOIN SCOTT SURVEYABSTRACT NO. 1222crrY OF DENrON.DENTON COUNW, TEXAS North Texas Surveying, L.L.C. Registered Professional Land Surveyors 1010 West University DriveMcKinney, Tx. 75069Ph. (469) 424–2074 Fax: (469) 424–1997vrv.northtexassurveying.comFirm Registration No. 10074200 Ow ###:~~\ SURVEY PLAT MAR-PROPERTIES, LTD.INSTR. NO. 201860103,O.R,D,C.T. I I TE+r::8FW/’’ i I- 1:-= =1/4 C.t.R.F.LS 5686' I rI Tlr _! if 1- 1.P.FS89'59'56"E 1 133.45' '(i:i4'.')m Christal Road – –FNDI==-•W 55.31 [:\:q==11•n•gn =nunn=n ===== ==n=n W=n=In ==U••ll• ==n= =n ===••ll• nnnUnn ==nUnIn 9 – -+ -I -+ – –/// ;//v/ ii / / ./\ 30' LrrILITY EASEMENT-DOC NO. 201 1-1 12067,O.R.D.C.T. PROPOSEDRIGHTOF-WAYDEDICATION59,314 SQ. Fr.1.362 ACRES Bearings are based on the Texas StatePlane Coordinate System, North CentralZone (4202), NAD83. This survey plat isaccompanied by a metes and boundsdescription of even date. >} \ §£ / / CALLED 90.4241 ACRESEXETER MASCHBRANCH LAND. L.P.DOC. NO. 2021-162347,O.R.D.C.T. \ -+ ABBREVIATIONS \ I.R.F. = Iron Rod Found (C.M.) = Controlling Monument I I I I I I I I Sn : i ! ! -0 C.I.R.F. = Capped Iron Rod Found \'1 :\ ISOO'20’33”W1046.50’- I30 C.I.R.S. = 1/2” iron rod with yellow plastic cap stamped “RPLS 5686” set M.R.D.C.T. D.R.D.C.T. 0.R.D.C.T. Map Records, Denton County, Texas 0 20 I'. I Deed Records, Denton County, Texas -d I Official Records, Denton County, Texas GRAPHIC SCALE1 inch = 30 ft. VOL. 1131PG. 412.D.R.D.C.TMATCH LINE MATCH LINE +1 I DATE:08/29/2021 2 OF 3 1” = 100’ RIPARIAN BUFFER EASEWNr0.196 ACRES N TmJoinq scoTr SURVEYABSTRACT NO. 1222 CIFY OF DENrON,DENTON COUNTY, TEXAS North Texas Surveying, L.L.C.Registered Professional Land Srweyors 1010 West University DriveMcKinney, Tx. 75069OwPh. (469) 424–2074 Fax: (469) 424–1997vvv.northtexassurveying.comFirm Registration No, 10074200 SHEET SCALE: CHK’D. BY:M.B.A. JOB NO.:2021–0062 gg:61818 ::::::: • :) q b \ i U V a ! a?a1$$ a ==b ::b aLaN HaD ! Ig g : : 10 o8 -1 & IIIIIN:11: C/)00 NS0 -ab• CAICN- gg I ; j p & g i b Hebpb B' bb 458. 06 ’/ T/––:=••ll• ==••llP=n•HIB n=M nn•Hlnp == ':{{–––;::,:3 HSl .WESTPARK ADDITION g ! Exhibit D Exeter – Westpark Phase 3 Alternative Environmentally Sensitive Area (AESA) Report(AESA22-0002) July 2022 For compliance with : City of Denton Environmentally Sensitive Areas Assessment(ESA2 1-0011 ) City of Denton Preliminary Plat (PP2 1 -0015) Civil Engineering Plans(CEP22-0010) Prepared by: Kimley-Horn and Associates Inc.13455 Noel Road, Two Galleria Tower. Suite 700 Dallas, Texas 75240 Prepared for: Exeter Property Group 16633 North Dallas Pkwy, Suite 280Addison, TX 75001 Kimley »>Horn Table of Contents Introduction and Authority/Purpose and Need for Action Description of Overall Development ................. . Existing Site Description................., Streams.. .................................... Riparian Buffer ESA..................... Undeveloped Floodplain ESA ..... . Purpose of AESA . ................................, Notification and Review ........................... Affected Environment and Summary of Impacts ....... . Mitigation Activities . . ..... .. ... .. ... .. ... , Proposed Revegetation . . . . . . . . . . . . . Erosion Control Compliance with Authorities. , Annual Reporting................. Criteria for Approval................ Summary ................................ Annual Reporting Contacts ...2 2 2 ...2 3 ...3 ...3 3 ...3 4 ...5 ...6 6 ...6 7 8 9 Figures Figure 1 - Vicinity Map Figure 2 - City Mapped ESAs Figure 3 - Onsite ESAs and Aquatic Features Figure 4 - Proposed ESA Impacts Figure 5 - AESA Proposed Mitigation Appendices Appendix A - ESA Assessment Forms Appendix B - Tree Preservation Plan Exeter - Westpark Phase 3AESA ReportJuly 2022 Introduction and Authority/Purpose and Need for Action Kimley-Horn and Associates (Kimley-Horn) was retained by Exeter Property Group (Exeter) for Civil Engineering and Environmental Services for the Exeter – Martino Property. This Alternative Environmentally Sensitive Area (AESA) Report is being submitted to the City of Denton under the Denton Development Code (DDC) Section 2.8.4 to request approval for impacts to Environmentally Sensitive Areas(ESA). This AESA Report proposes mitigation measures for the impacts required to construct two functioning stormwater control structures for the proposed industrial distribution center. The intersection of the drainage channels with the Riparian Buffer ESA is the subject of this AESA Plan. Pursuant to DDC Section 7.4.6, the disturbance of Undeveloped Floodplain is a permitted activity for the placement of this utility facility as long as the disturbed area is restored to minimize erosion and promote the recovery of the ESA. The mitigation activities offered as a part of this AESA would achieve this goal. Description of Overall Development The proposed Exeter – Westpark Phase 3 project is approximately 90.4-acres in size located on the southern side of Jim Christal Road between Western Blvd. and Masch Branch Road in the City of Denton, Denton County, Texas (Figure 1). The proposed project includes the construction of a distribution warehouse with associated parking and driveways. Two stormwater control structures will be constructed as part of the project. The location of the stormwater structures has been designed and included in the DIA as shown on the attached Figures. The current zoning for this tract is Heavy Industrial (Hl) which allows for the proposed development. Existing Site Description The project area consists of ruderal pastureland with open forest in the northeastern and southeastern portion of the site. Kimley-Horn Environmental staff conducted a site visit to the project area on May 28, 2021 to confirm environmentally sensitive areas (ESA) mapped by the City of Denton. Prior to the site visit, Kimley-Horn reviewed the previously mapped ESAs as depicted on the City of Denton GIS (Figure 2). The ESAs were observed to be similar to the City mapped boundaries. During the site visit, one intermittent stream, a tributary of the Dry Fork Trinity River, was observed in the southeastern portion of the site. Thestream bank was dominated by Johnson grass, water willow, and spike rush, while the buffer was dominated by cedar elm, Johnson grass, and native grasses and forbs. Based on the drainage basin of the intermittent stream, a 100-foot Riparian Buffer was identified on either side of the stream within the property boundary at the time of the ESA assessment. FEMA 100-year floodplain was also associated with the intermittent stream and appeared to be primarily undeveloped in the southeastern portion of the of the property. Additional floodplain was mapped along the eastern boundary but is associated to a channelized stream on the eastern adjacent property. As such, the additional eastern floodplain is developed The onsite stream, Riparian Buffer ESA, and Undeveloped Floodplain ESA identified during the sitereconnaissance are depicted on Figure 3. The habitat within the ESAs is as follows: Streams An intermittent stream generally flows through a culvert near the eastern boundary of the assessment area, bounds the southern boundary before veering offsite to the south. The intermittent stream had an ordinary high water mark (OHWM) ranging from 5 to 15 feet wide. Exeter - Westpark Phase 3AESA ReportJuly 2022 2 Overall the stream was in Good condition based on the Rapid Stream Assessment Technique (RSAT) evaluation performed during the ESA assessment. Riparian Buffer ESAThe 100-foot Riparian Buffer was identified along the intermittent stream wahin the assessment area. The understory generally consisted of upland grasses, small cedar elm (Ulmus crassifolia) . and annual ragweed. The tree community (measuring 6-inches and larger at diameter breast height(DBH)) consisted primarily of cedar elm, mesquite (Prosopis glandulosa) , Hackberry (Celtis laevigata) , and Osage orange (Maclura pomifera) . A full tree inventory was previously completed for the site and the associated data has been submitted to the City with the Landscape Plans. Undeveloped Floodplain ESAUndeveloped Floodplain ESA was mapped around the intermittent stream channel. The Floodplain ESA is associated to FEMA 1 00-year floodplain Zone AE. The floodplain is generally encompassed within the Riparian Buffer ESA boundary. Purpose of AESA The purpose of the AESA Report is to propose mitigation for the impacts to the Riparian Buffer caused by the construction of two stormwater drainage channels. The proposed structures would consist of excavating a channel that will direct stormwater from an outfall to the adjacent stream channel. Consolidating the stormwater into the respective channels allows for efficient site layout of the warehouse building by eliminating the need for additional stormwater detention to prevent downstream erosion. Grading required for the construction would be limited to the minimum necessary for the channel construction: approximately 0.47-acres within the Riparian Buffer and Undeveloped Floodplain ESAs. The large portion of Riparian Buffer ESA and Floodplain ESA overlap within the ESA impact areas. Figure 4 shows the proposed impacts to both ESAs. Pursuant to DDC Section 7.4,6B.1.c. , the disturbance of Undeveloped Floodplain is a permitted activity for the placement of this utility facility as long as the disturbed area is restored to minimize erosion and promote the recovery of the ESA. The mitigation activities offered as a part of this AESA would achieve this goal. Additional project information is available from City of Denton Case Number ESA21-0011, PP21-0015, and CEP22-0010 within ProjectDox. Notification and Review This AESA Report explaining the mitigation measures for impacts to an ESA will be provided to the City of Denton for formal notification of the activity and review of the proposed restoration activity. A review of the Nationwide Permit program indicates that the NWP 58 – Utility Line Activities for Water and Other Substances should authorize the proposed outfall and associated stormwater control structures and does not require Preconstruction Notification to the Corps. Affected Environment and Summary of Impacts Figure 3 shows the observed Riparian Buffer and Undeveloped Floodplain ESAs associated with streamchannel through the southeastern portion of the site. The total Riparian Buffer ESA covers approximately 2.1-acres and the Undeveloped Floodplain ESA covers approximately 1.8-acres within the assessment area. The Undeveloped Floodplain ESA is almost completely within the Riparian Buffer ESA. Exeter - Westpark Phase 3AESA ReportJuly 2022 3 The project is proposing to construct two stormwater drainage channels within the onsite Riparian Buffer and Undeveloped Floodplain ESAs. The drainage channels will consist of grading a pathway from a stormwater outfall to the adjacent stream channel to prevent erosion from increased overland flow. The location and size of these channels have been determined by evaluating the proposed trapezoidal channel grading using the Modified Rational Method developed flows as per the City of Denton requirements. All vegetation within the path of the channels will be removed during the initial construction; however, the impacts will be limited to the minimum extent necessary to construct a functional drainage pathway. The proposed impacts from the construction of the drainage channels are limited to 0.47 combined acres in the Riparian Buffer and Undeveloped Floodplain ESA. The total impacts are shown on Figure 4. Based on the tree inventory completed prior to the preparation of this report, tree species within the impact area included elm, Osage orange, and mesquite (as labeled on the tree preservation plan). The forest within the riparian buffer was primarily open with the understory primarily made up of herbaceous grass species. The trees to be removed are described in Table 1 below and summarized in Table 2. The proposed healthy trees to be removed total 1 18-caliper inches at diameter at breast height (DBH) from ten trees. The removed healthy trees make up a small portion of the total healthy trees within the onsite ESAs Table 1. Summary of individual trees tagged within the Riparian Buffer and Undeveloped Floodplain ESA areas. Tag# DBH Common Scientific Condition Protection(caliper inches) Name Name Status 12 Elm Ulmus sp. Healthy Protected 12 Elm Ulmus sp. Healthy Protected 18 Osage-orange Maclura pomifera Healthy Protected 12 Elm Ulmus sp. Healthy Protected Mesquite eros?els'1'-"- glandulosa Elm Ulmus sp. Elm Ulmus sp. Elm Ulmus sp. Elm Ulmus sp. Elm Ulmus sp. 12 10249 10250 10251 10252 10289 Healthy Non- Protected 30356 30357 30358 30359 30360 Total 10 10 10 10 12 118 Healthy Healthy Healthy Healthy Healthy Protected Protected Protected Protected Protected Table 2. Summary of healthy trees tagged within the Riparian Buffer and Undeveloped Floodplain ESA areas. No. Healthy Trees (total DBH) 8 (88”) 1 (18”) 1 (12”) 10 (118") Tree Species Elm Osage orange Mesquite Total Trees (caliper inches) Mitigation Activities The impacts to the Riparian Buffer ESA and Undeveloped Floodplain ESAs shown in Figure 4 are minimal and limited to the two drainage channels required to direct stormwater flow from the proposed industrial development to the adjacent stream channel. Vegetation will be removed during the initial construction of the drainage structures. No additional adverse impacts to the streams or surrounding ESAs are expected from the construction. Exeter - Westpark Phase 3AESA ReportJuly 2022 4 Following the construction of the drainage channels, a contractor will be instructed by Exeter to seed native grasses within the channels (impact areas identified on Figure 4). Once revegetated, the resulting AESA will continue to provide native habitat while also aiding in stormwater management for the industrial development. Proposed Revegetation The developer is proposing to reseed the drainage control structures with a combination of native seed mixes. Each of the trees proposed to be removed are hardy species that are innately capable of rapid spread and growth. As an abundance of young, healthy representatives of each species (both trees and emerging saplings) will remain in the proximity of the impact areas, the removal of the eleven healthy trees for the construction of the stormwater structures will cause minimal impacts to the overall habitat. It is expected that the removed trees will quickly be replaced from natural seed propagation following thecompletion of construction activities WhIle no tree plantings are proposed within the AESA, the removed caliper inches of the healthy trees are included in the overall tree mitigation and will be replaced through planted landscape trees in other portions of the development area. The proposed plantings are shown in Landscape Plan that were submitted with the CEP submittal for staff review, comment, and approval. A combination of a Drainfield Mix and Riparian Recovery Mix of seeds will be seeded throughout the disturbed ESA areas to provide a protective ground cover and functional understory strata. The Drainfield mix is described as a grass mix designed for areas that have periodic moist soils, i.e. within drainagechannels, that may retain moisture for 24 to 48 hours. The plants in this mix were included for their adaptability to a wide range of growing conditions. The Riparian Recovery mix is described as a combination of 36 native grass & wildflower species to aid in rebuilding stream bank buffer zones. The seed mixes include multiple native species including herbaceous species such as Eastern gamagrass (Tripsacum dactyloides) , switchgrass (Panicum virgatum) , and bushy bluestem (Andropogon glomeratus)A full list of the species included in both seed mixes can be found at Native American Seed (http://www.seedsource.com/catalog/). The Drainfield mix will be seeded within the center of the drainage channel while the Riparian Recovery mix will be seeded on the slopes and top of the channel. The goal of the proposed seeding is to develop an AESA with a quality, functioning native habitat that will not need additional maintenance beyond the initial seeding. To improve the adjacent ESAs and surrounding habitat, a combination of native seed mixes will also be utilized outside of the impacted ESA locations. VMthin the DIA, the seed mixes will be selected by theproposed use and resulting conditions of the area. The seed mixes will include the Drainfield Mix and Riparian Recovery Mix described previously, as well as wildflower mix to include forbs such as bluebonnet (Lupinus texensis) , lemon mint (Monarda citriodora) , and Indian blanket (Gaillardia pulchella) among others. While the forested area west of the impact areas are included in the DIA, no grading will occur in the area. Instead, the understory will be cleared and reseeded with a wildflower mix. The seeding area isdepicted on Figure 5. The avoided ESA, adjacent to the impact areas and outside of the DIA, will we overseeded with the Riparian Recovery Mix in order to promote the native grass community in these areas. No other activities are proposed in these areas to also protect the existing environment. The overseeding areas are depicted on Figure 5 Exeter - Westpark Phase 3AESA ReportJuly 2022 5 The seed mixes will be sown following final grading. In the interim, temporary non-invasive vegetative cover approved by City Staff, such as Canadian wild rye (Elymus canadensis) , cereal rye (Secale cereale) , winter wheat (Triticum aestivum) , or oats (Av'ena sp.) will be established by hydro-mulching or installing erosion control blankets. Irrigation is not proposed at this time; however, if the seeded forbs and grasses show signs of stress or the survival rate does not meet or exceed 90% cover, irrigation may be deemed necessary and installed following the plantings. An initial site visit by Kimley-Horn environmental staff will be performed following the completion of the seeding and prior to the first annual monitoring event. Kimley-Horn staff will perform additional site visits as necessary during the first annual monitoring period. While the initial construction activity will result in impacts to the existing ESAs, the resulting stormwater drainage features will be seeded to create a native vegetative community that will also promote the native grasses in the surrounding area. The resulting habitat will provide vegetative cover for birds and small animals as well as provide foraging for larger mammals. The overlapping ecosystems created from the existing adjacent forest, created herbaceous strip, and periodically saturated area will result in an edge effect. The edge effect is an ecological concept that describes the increased diversity in areas where different ecosystems overlap Erosion Control A downstream assessment (DSA21-0009) was approved by the City on August 19, 2021 which indicated that the proposed improvements would not create erosive conditions downstream of the site. Therefore, detention will not be provided for this project. Velocities at the outfalls of pipes will be mitigated with rip-rap designed in accordance with the Integrated Stormwater Management (iSWM) criteria published by the North Central Texas Council of Governments (NCTCOG). The proposed ESA encroachments are needed to drain the site due to the elevation of the adjacent southern stream, the primary drainageway for the proposed overall project. In order to protect the downstream waterway, riprap is being provided to slow the water down and herbaceous cover will be provided downstream of the riprap. Erosion control measures will be installed prior to the start of land disturbing activities on the project and will be installed in accordance with the approved plans and specifications. The proposed erosion control plan indicates erosion and sediment control measures at the location of the development outfall into the channel. For the construction of the drainage structures, a silt fence will be utilized to protect the ESAs and prevent illicit discharges. Inspections shall be made weekly and after storm events to ensure the controls are functioning properly. If the control measures cannot manage erosion and offsite sedimentation, the plans will we revised and additional controls installed. Proposed erosion control plans for the channels were submitted with the CEP submittal for staff review, comment and approval Compliance with Authorities The City of Denton is the authority over compliance with this AESA mitigation plan. Once the drainage structures have been constructed and the AESA mitigation activities have been completed, the City of Denton will be notified that the restoration activities have been completed. Annual Reporting 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 cumulativemitigation work that has been performed during the reporting period, and to report on the current Exeter - Westpark Phase 3AESA ReportJuly 2022 6 survivability of the seeding, condition of the protective fence, and presence of trash within the adjacent stream channel. 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, re-seeding the seed mixtures as needed, removing weeds within the seeded areas, fence repairs or removal of construction debris within the ESAs and adjacent stream, 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 cover, 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 sustained cover, the applicant shall be notified to reseed 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. Criteria for Approval The following outlines the criterial for approval of an AESA Plan and the project aspects that meet eachcriterion. 1 Mitigation goals are obtained by creating, expanding and/or improving ESAs. The proposed AESA proposes to mitigate the impacts to the Riparian Buffer ESA from the construction of two stormwater control channels by seeding the channels and associated slopes with native seed mixtures to both provide a protective ground cover and functional understory strata. While the initial construction activity will result in impacts to the existing ESAs, the resulting stormwater drainage features will be seeded to create a native vegetative community that will also promote the native grasses in the surrounding area. The resulting habitat will provide vegetative cover for birds and small animals as well as provide foraging for larger mammals. The mitigation will also expand into the surrounding, avoided ESAs by overseeding with a native seed mix to promote a native grass community. Additionally, native seed mixes will be utilized in the surrounding areas within the DIA, outside of the ESA impact areas. 2. Mitigation goals are obtained by preserving environmentally sensitive areas above the minimum requirements, exchanges between different types of ESAs, installing pollution prevention controls,and/or implementing best management practices or any other approaches that result in the improvement of the environment being impacted. Once revegetated, the native grasses planted within the stormwater structures will provide vegetative cover and forage for local wildlife, promote the native herbaceous community within the ESA, and expand the edge effect within the ESA by creating overlapping ecosystems (forests, grassland, and periodically saturated areas). The stormwater structures themselves will prevent negative impacts from increased flows through the ESAs, Exeter - Westpark Phase 3AESA ReportJuly 2022 7 3. Areas offered as mitigation are linked to existing or planned open space or conserved areas to provide an overall open space system. The disturbances and proposed AESA are located within larger, openly forested ESAs surrounding an ephemeral stream and remnant channel. The impact areas are a fraction of the overall undisturbed habitat onsite, and will be revegetated to avoid lasting negative impacts to the overall ecosystem and promote the native vegetative community. Native grass seed mixes are also being utilized outside of the ESAs to expand the native grass communities. 4 Development is arranged for maximizing access and utilization of the ESAs by citizens. Not applicable. The ESAs are located away from public visibility and will remain away from public visibility at the southern side of the property, opposite Jim Christal Road 5 Areas offered as mitigation are placed either in a lot or lots that incorporate a permanent conservation easement, restrictive covenants, or such other legal mechanism to allow for the long term conservation of said areas. Such legal mechanism shall limit any future land disturbing activity or construction within the ESAs ad shall run with the land and be binding upon all successors andassigns of the current owner. As the stormwater control structures are being revegetated to maintain the native habitat, the ESA designation will remain and therefore be subject to use restrictions set forth in the DDC, 6. The AESA plan shall demonstrate that the developer’s alternative proposal results in a high-qualitydevelopment meeting the intent of the standards in the DDC. The AESA has been designed to minimize the impacts to ESAs necessary to meet the stormwater design standards for the overall development and proposes to mitigate for the impacts by revegetating the constructed channels and associated slopes. As such the proposed development meets the criteria for approval for an AESA, Summary The impacts proposed to the Riparian Buffer and Undeveloped Floodplain ESAs are 0.47 combined acres resulting from the construction of drainage channels directing stormwater flow from outfalls to the adjacent stream channel. The mitigation for the impacts to the Riparian Buffer ESA will consist of seeding the channel and associated slopes within both ESAs impacted by the construction with native seed mixtures to provide a protective ground cover and functional understory strata. The native grasses planted within the storrnwater structures will provide vegetative cover and forage for local wildlife, promote the native herbaceous community within the ESA, and expand the edge effect within the ESA by creating overlapping ecosystems (forests, grassland, and periodically saturated areas). Exeter - Westpark Phase 3AESA ReportJuly 2022 Annual Reporting Contacts Developer/Owner: Exeter Property Group 16622 North Dallas Pkwy, Suite 280 Addison, TX 75001 Contact: Colby Schraegle Phone: 469-983-8810 Email: cschraeqie@exeterpg.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@kimlev-horn.com Enqineer:Kimley-Horn and Associates 100 West Oak Street, Suite 203 Denton, TX 76201 Contact: Mack Mattke, P.E Phone: 940-536-0176 Email: mack.mattke@kimlev-horn.com Exeter - Westpark Phase 3AESA Report July 2022 FIGURES Kr um 88 35 ,B ;.{/ ’' $’ DentonB i aa i El V) Ponder r@ii /a @ ; = = FIGURE DATE: 06/14/2022 DRAWN: SDG Exeter - Westpark Kimley,»Horn1CHECKED: AM B Vicinity Map Phase 3 Denton, Denton County, Texas TtIb prodtnt & br infunntbnd purposes and may not have benprepared hr or be sutabb for legal. engineering. or suNeyhg )1: ::8:It:e:==o7pT;LlnlKHA NO.: 064537203 Lig {@ Legend ED ESA Assessment Area Floodplain ESA Designations [m Habitat Not Assessed ] DevelopedM Undeveloped Riparian Buffer ESA [] Does Not Exist Designation Confirmed Delineate P 125 250 Feet500 FIGURE DATE: DRAWN: 03/28/2022 SDG Kimley »>Horn2City of Denton Mapped ESAs Source: Nearmap Feb, 2022 Exeter - WestparkPhase 3 Denton, Denton County, Texas CHECKED: EKB KHA NO.: 064537203 liBIT::VI!In}}{’!iT;--ii an+ +iF {gg:j§ -.1It;: iI;.??i y!!;#:+g§IT-i!!, €J§ :7jKi\Eg§gIg)}}i Legend a ESA Assessment Area Intermittent Stream Developed Floodplain ESA m Undeveloped Floodplain ESA = Onsite Riparian Buffer ESA -iF ?0 1 25===••ll•==B Feet500250 FIGURE 3 DATE: 03/28/2022 Ma Onsite ESAs and mm Aquatic Features 1 Source: Nearmap Feb, 2022 Exeter - WestparkPhase 3 Denton, Denton County, Texas Kiml&»>Horn b+XI(a iTiS iF'!1 \Ifi: [.;).-'';I+::t:i!:i:;;i;:I:tx:; ; :: --: ',&J;£ I jf :n; !!:• ;f::a{ : 8 g)g:§'i i f g 8 ; a)I<O CD E Ca)Eal0a >a)a dnHl al + a C(aiSla00 laa)0 a) >a)la3C LL al <C/)LU g)3onC CDaaliF 1/laCa)a)a)J I LLIa( LL.;WD q APPENDIX A Floodplain ESA AssessmentFormDENTONVersion 3, February 2020 ow„„. Randall Smith Add„„ .,L..,ti„„, South of Jim Christal Road st„,m N,m„ Tributary to Dry Fork Hickory Creek TrakIt# Floodplain Information Floodplain fill and structures: Do no exist If undeveloped, is there an approved LOMR, CLOMR or LOMA for the site? No If undeveloped, is there a pending LC)MR, CLOMR or LOMA for the site? No Floodplain zone(s): both 100-year and 500-year Approximate width of floodplain (Based on FEMA Map): 628 Is floodway present? yes If yes, is Riparian ESA assessment needed? Yes Waterway: Natural Describe: 628 Si„„.,ity, Meandering ft, General Land Use [f] F„„t [/] A,,i,ult,„,1 High I[densitY [A] R e S i de == 1[ y]P e : A Commercial / Industrial Recreational Other Unn Soil Deposition and Erosion Does the noodphh slope to waterway o, i, .,h„1 1,„,, p„„„t? sIopes If natural levee is present, are wetlands located behhrd it? If yes, is Water-Related Habitat assessment needed? No son Map Unit Names(s): Gowen clay loam, frequently flooded Justin fine sandy loam, 1 to 3 percent slopes Ponder loam, 1 to 3 percent slopes Active erosion: Slight Is evidence of sheet flow present? Yes Is evidence of concentrated now present? Yes Vegetation c,„, tvp„ Young Forest Plant cover on existing land: well vegetated Bdeny deschbe dominant v,g,t,ti,„ cedar elm, mesquite, hackberry, Johnson grass. native forbs and grasses Invasive exoUcs present? Yes Invasive specie(s): ChInese prIvet Approximate area ofhfestation (%): 10 Trees Are tree(s) present > 6” DBH? Yes Are any trees to be removed? Yes Are any trees > C’ DBH to be removed? Yes Required Attachments: (List attached photographs, maps, and any other documents used to support the conclusion(s)) Figure 1 - V icinity Map, Figure 2 - City Mapped Riparian Buffer ESA. Figure 3 - Existing Onsite Riparian Buffer ESA. Figure 4 - Photo Location Map andPhoto Log Comments : (Provide a summary of findings that support the conclusion) The intermittent stream west of the culvert along the eastern boundary appears to be undisturbed. Therefore the Floodplain ESA is undeveloped. 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 ESA reqthements outlined in the Denton Development Code. All other appropriate aspects of the Denton Development Code, however, still apply. The official city ESA map will be updated to remove the area from ESA statusa Based upon the site inspection by the City of Denton, the area in question IS an ESA and is subject to the requirment set[f]forth in Section 17 of the Denton Development Code, Based upon the site inspection by the City of Denton, insufficient information is available to determine the ESA statusnof 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 mav be submitted in writing by the applicant, landowner, or agent within 30 days of the date below. Signature of field investigator: Date:06/07/2021 Approval: Date: Kr url •BlA aD Paldw U-Hebi?tt!'V bq (H1P11:11Pl1):1b11f?!q: ++ 111k ) HE I:= rbI lq S HIck JIm Chr18t al Rd a Aat FIGURE DATE: 06/06/2021 Kimley ,»Horn1DRAWN: S DG CHECKED:AM B Vicinity Map Exeter Westpark 3 KHA NO.: 064537203 Denton, Denton County, Texas Thb product b br infarrrntbnal purposes and may not have teenprepared for or be $ulabb in legal, engheering. or surveying X:::r\ :>n:ye;droILaPP Pa + Legend Development Area Floodplain ESA Designations l"'I M Habitat Not AssessedI I Developedm Undeveloped 125 250 Feet500 FIGURE DATE 06/06/2021 Kimley ,»Horn2DRAWN: S DG CHECKED: AM B KHA NO.: 064537203 City Mapped ESAs - InFloodpla Exeter Westpark 3 Denton, Denton County, TexasNearmap Feb. 2021 } # ItILB + FIt ma F b& iIi{ ={:p : rl; }.,i:{)( } ;itsK§?I*;by?B’El& ;}} Legend Development Area Onsite Floodplain ESA ] Developed= Undeveloped FiT:: gI-;f) 0 125 250 Feet500 FIGURE 3 DATE: 06/06/2021 DRAWN: SDG CHECKED: AM B KHA NO.: 064537203 Onsite FloodplainESAs Kimley »>HornExeter Westpark 3 Denton, Denton County, TexasNearmap Feb. 2021 a iX q : It; jg£§bfi ':+1?Big ;] 3 Photos ' .'! Photo Direction a Development Area 0 100 200 FIGURE DATE: 06/06/2021 DRAWN: SDG CHECKED: AMB KHA NO.: 064537203 Kir;lley $Hori4Photo Location Map Exeter Westpark 3 Denton, Denton County, TexasNearmap Feb. 2021 q =; 1 !rEBaiR-:':/ + + bB &q = =; ; } •b+ + ++ ; B B+ + += b a ;@ii% -1: =_f\:r:'’! ; Photos were taken on 05/28/2021 K;t ? !!! I j ja: 7 :i}B&: ++ !\+ 82%& H+: r!}; Jb:_ ) {};i<.:i ?? Photos were taken on 05/28/2021 i n : +h P r ! P n r!!15 :===f X % 1 q: /}( j:A +4. i; 15 r+- ' ++ : C+$1 ::{q ;a Br> ’F g@ Photos were taken on 05/28/2021 1. r+p IN i:#:::+r+I #i };}j;:i#:::: r;+b I={ r :+:r „-fi;l. ::!iit +1 21 EPg;;ittg Photos were taken on 05/28/2021 II:B:T n{1pnT.{- i!!#ib :IiI ;n };q:I F]:::i ::iFi Photos were taken on 05/28/2021 Riparian ESA Assessment Form DENTON Version 4, J. Dailey, October 2012 ow„„, Randall Smith T„kIt #. Ad,h„, .,L.,.,ti,„,. South of Jim Christal Road Stream Name. Tributary to Dry Fork Hickory Creek Approximate Width: ;" ’;Order: General Land Use (current)pl Forest p--]Agricdtural Cropn Residential Commercial / Industrial Recreational Other HnECrop Purpose of Riparian Buffer (check all that apply) intercept sediment intercept pesticides lower water temperature Improve fish habitat aesthetics Privacy M [f]HEEa Intercept nutrients / fertilizersEdEintercept other pollutants help stabilize streambank improve wildlife habitat EEa (species of interest -) Stream Bank Condition Evidence of frequent water level changes Yes Slope of bank: 45% Soil class: loam Active erosion: moderate Existing plant cover: moderate Dominant cover: grass Large leaning trees? Yes Invasive exotics present? No Approximate area of infestation: 5% Top of Bank Existing plant cover: well-vegetated Dominant cover: shrub Invasive exotics present? Yes Approximate area of infestation: 5% Floodway present? Yes s,iltvpe, Gowen clay loam, frequently flooded Justin fine sandy loam, 1 to 3 percent slopes Ponder loam, 1 to 3 percent slopes Above the Bank Active erosion: Slope: 10% Does the land slope toward or away from water? toward the water Does the land direct runoff towards the buffer? Yes Evidence of sheet now or concentrated flow? concentrated flow Plant cover on existing land: well-vegetated Dominant cover: young forest Invasive exotics present? Yes Approximate area of infestation: 5% Nuisance wildlife present? yes Species: hog Water Quality Color: turbid Type and Quantity of Potential Pollutants from Drainage Area (check all that apply) [V]L,w„,, 1,,d,cap„, ,, ,th„ „„, wh„, f,,tin„„ ,, p„ti,id„ „, „„d [/]Land intesively cropped with exposed soils at certain times of the year Commercial fertilzer used Commercial pesticides used Grazing animals use the drainage area Grazing animals have access to the stream 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 boating Stream is used as a drinking water source A well is located near the stream Construction is proposed in the drainage area. Construction is:[] Low impact p,t,nti,1 (p„k,, I,w d,„,ity „,id,„tbl) 17 High imp„t P,t,.ti,1 (wb,. d,„,1,pm,.t) [] G„ w,11 pl,t Stream / watershed is in close proximity (3-4 miles) to a downstream surface water sw>ply EHnnHnnnnnn[a U Vegetation Brief Survey Bank Dominant species scientific names Common names (% cover [ndicator status 30 30 FACU OBL10 Justicia americana IWater willow o a e s OBL 4 5 6 7 8 9 10 Buffer Dominant species scientific names Common names Indicator status Ulmus crassifolia r Celtis laevigata o halepensea Multiple r Cedar elm Mesquite Hackberry Johnson grass Beggar's liceNative forbs r 30 15 15 50 20 FAC U FAC15FAC10 A FAC FACU FAC FACU 2 3 4 5 6 7 8 9 10 Hydrophytic Vegetation Indicator Ratio Bank 32 47 Hydrology Indicators (Primary)E Inundated S)il Saturated in Upper 12 inches Water marks Drift lines Sediment Deposits Evidence of drainage pattern aE [f]H [f] Comments. Drift lines and drainage patterns immediately adjacent to stream channel (Secondary) Oxidized Root channels in upper 12 inches Water stained leaves County S)iI &rrvey Fac-Neutral Test BEaE Hydric Soil Indicators Histosol Hist ic Epipedon Sulfidic odor nEHn AgIle Moisture RegimenReducing conditions Gleyed or Low Chroma Colorsa Concret ions High surface organic content Organic streaking in sandy soils Listed on local hydric soil list Listed on national hydric soils list Other (explain in comments) nnEEnE Conunents:None Required Attachments :(List attached photographs, maps, and any other documents used to support the conclusion(s)) Figure 1 - V icinity, Figure 2 - City Mapped Riparian Buffer ESA, Figure 3 - Existing Onsite Riparian Buffer ESA, Figure 4 - Photo Location Map and Photo Log Comments :(Provide a summary of findings that support the conclusion) The riparian buffer begins to the west of a culvert along the eastern boundary of the Site. The flow, water level, andturbidity was impacted from recent extended rainfall; however, during normal conditions, the stream is likely intermittent Flow is carried from the adjacent agricultural fields to the intermittent stream primarily through swale features,however overland flow and flooding appeared to occur adjacent to the stream channel. Braiding and cutoff channels were present on the northern side of the main stream channel. Conclusions Based upon the site inspection by the City of Denton, the area in question is NOT an ESA requiring 50 or 100 foot buffers and therefore is not subjected to the ESA requirements outlined in the Denton Development Code. All other appropriate aspects of the Denton Development Code, however, still apply. The official city ESA map will tx updated to remove the area froma Based upon the site inspection by the City of Denton, the area in question IS an ESA and is subject to the requirment set[f]forth in Section 17 of the Denton Development Code (if this box is checked, fill out supplemental RSAT form) Based upon the site inspection by the City of Denton, insufficient information is available to determine the ESA statusHof 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:06/07/2021 Approval: Date: Supplemental RSAT Form DENTON Rapid Stream Assessment Techniques version 1.1 In Tables 1 through 6 below provide a score for each row, as applicable. Sum the table scores and calculate the average for each table. On this page, calculate the total score or % of total and select a verbal score. RSAT Evaluation Categol General Rating CatlExcellentGood 6-89-11 5-6 5-6 7-8 5-6 6-7 4-5 5-67-8 :ories and Associated Point RangesFairPoorPoints 3-5 0-2 6 0-23-4 5 3-4 0-2 5 3-4 0-2 5 0-22-3 4 0-2 53-4 Channel Stabil]/DChannel Scouri lion mI In-stream HabitatPh Water Dual lan Habitat ConditionsRi' Biological Indicators Total Score 30 or, (if NA is entered on any category) 42-50, or, Z 84 percent of total % of total. Verbal Score: Good Verbal Scoring:Excellent Good Fair Poor 30-41 . 16-29, <16) or, 60 S percent of total > 84 or, 32 S percent of total >60 or, less than 32 percent of total Table 1.Channel Stability Category x oRelative Significanceand Point Range Fair 13 to 5 Poor 0 to 219 to 11 16 to 8 Indicative of hydrological flow regimealteration and generalcondition of physical /aquatichabitat > 80% of bankInetwork is stableNo evidence of I bank sloughing orI failure 71-80 % of bank network stable IInltequent signs of i bank sloughing. jshlnrping or failure. Istable. Outer bank I height 2-3 R, abovestream level. Bank joverhang slight tomodenrte o1 network stable. Some I signs of bank lsloughing. slurnping orIfailurc. o jstable. Recent signs of jbank sloughing, slumpingjor failures are frequently I observed, Stream bend areas I are very stable. I Outer bank height is slightly abovelstream level. Bank overhang minimal Exposed tree roots old, large, andwoody. Generally, Gl recent largetree falls / stream mile F Stream bend argos nrglunstablc. Outer bank i height is substantiallylatxlve strewn level. IBank overhang is I substantial Stream bend areas are Ihighly unstable. Outer I bank height significantlylabove stream level IOverhangs are large andI deep, I Exposed tree roots oldjand large, sm8Ucr jyoung ants scarw_ 2- 13 recent large tree fallsI/ sham mile IYoung exposed treeIroots arc colnlrron. 4.5 Ircccnt large tree faLls 1 per stream mile Young exposed tree roots lare abundant. 6 or more Irecent large tree falls perI stream mileProvides insight into the past, present, and possible future changesin stream channel morphometry. o I is generally highlyI erosion resistant plant / soil matrix1 or material IBc>mon 1/3 of bank is Igenerdlly highly jen)sion resistant plant /! soil matrix or material itIRon 1 /3 of bank is I generally highlylcrodiblc material. IPlant / soil matrix is jcompromiwd. Bottom 1/3 of bank is Ihighly erodible materialIPlant / soil matrix is jseverely compromised ornonexistent, Channel Cross section is generallyV or U-shaped 1 Channel cross section Eis shaped &s a "wide+U IChannel cross section I is generally trapezoid-jshaWl Channel cross section is Igenerally shaped like a I wide trapezoid toI rectangle Total PointsGiven Table 1 Score (average of points given)6 Table 2. Relative Channel Scouring and Sediment DepositionExcellent I GoodSjgnificance Poor 0 to 2and Points Range 7 to 8 15 to 6 13 to 4 Riff:Ie embedded < 259’a sand / silt (<35 % for largerorder streams) Riffle embedded 25 to 14% saId / silt (35 to l59 % for larger order I streams) Hnc embedded SO-75 loi (60 to 85%I embedded for larger I streams) I> 75 % rime embedded 1 (> 85% for largerstreams) o I number of deep lpools (2 R. orIdeeper). Poollsubstrate < 30%I sand / silt Relates to the level of uncontrolled storm water runoff, sediment load. and transportand degradation ofIn-streamhabitat Potential for moderate I number of deep pools.I Pool substrate 3(F59 jperLent sand / silt. I Potential for low Inumber of deep pools.I Pool substrate is 60 to 180 Wwt sand / silt IPotential for few, if any,Ideep pools. Poolsubstrate >80 percentsand / silt Streambed streak 1 marks and / orI banana-shaped I sediment depositsI are absent Streak marks or I banana-shaped I deposits areurlcorrlrnon Streak marks or I banana-shaped jdeposits are common Streak marks or banana- shaped deposits are veryconunon Fresh, large sanddeposits in channelare rare or absent. No evidence of fresh deposition onoverbank areas IFresh, large sand I deposits in channel areuncommon. Smalllocalized areas of fresh I sand deposits along the I top of low banks r jdeposits in channel arelcommon. Moderate I numbers of localized lareas of fresh sand Ideposits along the top I of low banks Fresh, large sand deposits I very conunon in channel Moderate to heavy sandI deposition along major 1 portions of the overbankarea Point bars are few,small, stable, and are well vegetatedand / or covered with little or no fresh sand on pointbars. Point bars are sma11 land stable. and are I well vegetated and / orI covered with a moderate amount of fresh s and Point bars are Imoderate to large sizedland are unstable. I High amounts of freshI sand are common IPoint bars are moderate Ito large sized and I unstable, with highI amounts of fresh sand jpresent in most stream1 bends Total Points Given Table 2 Score (average of points given)5 High water level made observations of sediment deposits difficult. Score based on size of streamchannel and available observations. Table 3.Physical In-stream Habitat Relative Significanceand Points Range Excellent I Good I Fair 3 to 4 Poor 10 to 27 to 8 is to 6 weued perimeter>85 lnrccat ofbottom channel width duringseasons where water flows (non-storm water base flows) jwetted p8rimeter 61 to 185 perwat oftx>ttom jchanncl width duringlse3sons where water I news (nolrstorm water lbuse flows) \vetted perimeler 40 It of [ bottom channel Ndth Iduring seasons \Therelter flows (non- I storm water base nO\VS) jwetted perimeter < 40 1 percent of bottom jchannel width during1 seasons where water I flows (non-storm water I base flows)Relates to the ability of thestream to meet basic physicalrequrrernents necessary for the support of awell-balanced aquatrc community (i.e,water temperature, water velocity, substrate typeand quality,etc...) E videna of rim%, 1 runs md pools is jpresent. Sharm I will likely have[areas of diverse } flow when water is lpTCSBnt. ( mix twtwccn Irialw, runs, and pools_ IEvidence of relatively jdiverse velocity and Idepth af no\v when jwatcr is present I Few pools are presentland HInes / runs Depthlis shallower and more junifornl. Dominated by one [habitat type (usually 1 runs) and one velocity / I depth condition. b Velocity / depth I diversity is very low. RifIIng are jcomposcd of } cobble, gravel, orFrubblo with little i sand / sill (> 50 jpertXIII largerI material) IRimes IBpraicnt a gcxxl jmix of cobble, gravel, or Irubblc(25419 % kIljer jmaMbD ItIl-Ile substrate IS jpredominantl\' small I cobble with gravel jand sand ( 5-24 ''i lcobblc) IRifne composition is jpredominantly small Igravel with a highjpercentage of sand (<5 jpercent cobble) RiHlc depths are 2 6 inches deep during periodswhen water flo\\’s (IIon-storm ban flows) IRt fn, d,pIL' .„ 4.O to} 5.9 inches deep during jpcric>ds when waterlao\vs (non-storm base nO\VS) IRimc dqHhs are 2.0In 3_9 inchn deep Iduring periods whenI water flows (aon. lslorrn base flows) IRifne depths are less lthan 2 inches deep 1 during periods when I water flows (non-storm I base flows) Large pools are generally > 24 inches deep. IL3rgc pools are Igenerally 18 to 241 inches deep. ILa3e pools areIgenerally IZ to 18 I inches deep. I Large pools are Igenerally < 12 inchesI deep. No channel alteration ISHght amount of lchannel modification IM(xterate amount oflchannel modification Extensive channel modification Summer afternoon water temperaturein middle of water column < 82 degrees ISurnnlcr afternoon waterin middle of }water column 82 – 89 ldegrees ISummer afternoon I water temperature inmiddle of water1 column 89 – 9+ ldcgrves Summer afternoon water I temperature in middle ofI water column > 941 degrees Total PointsGiven Table 3 Score (average of points given)5 Table 4.Water Quality (only applicable when the stream is actively flowing) Relative Significanceand Points Range Indicative of watershed perturbations / general level ofhuman activity, point and non-pornt source pollutant loadings, and aquatic habitatconditions Only applicableduring timeswhen the stream is activelyflowing Total PointsGiven 7 to 8 Is to 6 13 to 4 10 to 2 Bubstrate fouling level o-10 % on the underside of rocks ( refers to the 1 percentage of a cobble sized stone lying free inthe streambed that is I coated with biological growth).BT 350-399mg/L I Substrate fouling level £hshl ( 1 1-2D qa) on thelunderside of rocks Ifrefers to the percentageiaf a cobble sized stone llying free in thelstre amt>ed that is coated [with biological grow’th).M#m 1 level Imoderate (21.50 %) onIIlle underside of rocks I(refers to the pcruntagelof a cobble sized stone E lying free in the}streamtnd that is coaUI i Mtb biological growth). b450-SH) mg/L I Substrate fouling levelI high ( > 50 % ) on theunderside of rocks 1 (refers to the percentageof a cobble sized stone lying free in thelstreambed that is coated 1 with biological growth). S Water has no odor IwaIcr has slight organic IocJur } Water has slight – jmodcrate organic cHoI Water has moderate to I strong organic odor Table 4 Score (average of poInts BPm)5 Table 5 Riparian Habitat Conditions Relative Significanceand Points e Excellent 6 to 7 4 to 5 Provides insight into changes instream Wide (<200 feet) mature forested buffer alongboth banks Forested buffer generallythan 100 feet wide the major portion>ftxith banks jlocali2ed gaps in one orbanks Riparian area is mostlynon-woodywith ,th regimes, andboth aquatic and Canopy coverage provides : 80 percent shading for a majority of:he stream (Z 60 percent for large streams) n jprovides 65-79 percent Eshading fur a majority ofthe slrwrm (45 to jpercent for large 5) a e provides 45-M percent I shading for a majority ofthe stream (3044 percent for largestreams) Canopy coverage1 provides < 45 percentI shading for a majority of 1 the stream (<30 percentfor large streams) Total Points Given Table 5 Score (average of points given) Table 6.Biological Indicators (only applicable when the stream is actively flowing) Relative Significanceand Points Range to be the best overallindication of stream health and the level of Diverse of I dominated by mayliesand caddisflies. Few I snails, leeches, aquatic worms present Mayflies and caddisflies jare present. Good 1 overall diversity Pollution tolerant jcaddisflies, midge larva 1 or other dipterans predominant, largenumber of aquaticworms, lower diversity Low diversity, generally I dominated by midge llarva or other dipteransI aquatic worms, andsnails. Moderate to highnumber of different Moderate to highnumber of different Low to moderate number of individuals Very low number of Total PointsGiven Table 6 Score (average of points given) No organisms observed due to rapid flow of stream channel. Score assumed based on size, vegetative cover, and ground cover of stream. Milarn Rd E i in 2Q -Ha Kr LWt aIIjfj Pondu (1,al HIck JIm ChriR141 Rd ace a FIGURE DATE: 06/06/2021 Kimley ,»Horn1DRAWN:SDG CHECKED :AM B Vicinity Map Exeter Westpark 3 KHA NO.: 064537203 Denton, Denton County, Texas Ttlb PmdLnt b br irforrrntbnal nurooses and may not have benpepared for or be sulabb for legal. engineering . or surveying Dr;yI::) r1:j IIald ol F I V.V_+ ;i Legend Development Area Riparian Buffer ESA Does Not Exist Delineate = Designation Confirmed i-3, :q+ ; '1; F... 0 125==n•Hll•=====Feet500250 DATE, m/w2021 2 citEiHt Hs Nearmap Feb. 2021 Kimley »>HornExeter Westpark 3 Denton, Denton County, Texas }iR?!i+?fY+;-R11+;i’ - '-’Y-':- + : I+V :#g®§ gill{;K§ -.f:Eg Development Area Intermittent Stream Onsite Riparian Buffer ESA o M 2@ Feet500 FIGURE DATE: 06/06/2021IDRAM SDGjOnsite Riparian BufferESAsCHECKED: AM B Nearmap Feb. 2021 Kimley ,»HornExeter Westpark 3 Denton, Denton County, Texas '1 :a ++$1&q: t Legend Photos photo Direction o lm 200 Feet400 DATE, ®/06/2021 _ 1 DRAWN, SDG4 l:,_::_ ...„I Photo Location Map I ExeterWestpark 3CHECKED: AM B 1 ' 1 1 Nearmap Feb. 2021 1 Denton, Denton County, Texas Kimley ,»Horn qb :f „:f ;;iIi= };;iii! I ;) q:q:k ) 4 At++ I = +L+ n=++ += = : : :++ ; ; J = 3 :+IE 5 6 Photos were taken on 05/28/2021 7 !q= P 9 10 I + b :ef : r= VeRa g = fV: T;!{$: 11 Photos were taken on 05/28/2021 15 IA +--• Photos were taken on 05/28/2021 ah : + qIF h hAh ./ {{\+I 20 gst; ;3: 1. -- -::?' nIT ' .ai; '*:${'} . ; iI:iI failgg fiT:I;}i Photos were taken on 05/28/2021 F_b=w-e +: - 26 I.i/ '!:-=’:}I:iq::it • iF1 H r ip< 9 ; r 84;q.;;3: 28 EII@ Photos were taken on 05/28/2021 Floodplain ESA AssessmentFormDENTON Version 3, February 2020 ow„„. Randall Smith Add„„ .,L..,ti„n. South of Jim Christal Road st„„. N„„„ Offsite unnamed tributary TrakIt# Floodplain Information Floodplain fill and structures: ExIst If undeveloped, is there an approved LOMR, CLOMR or LOMA for the site? If undeveloped, is there a pending LOMR, CLOMR or LOMA for the site? Floodplain zone(s): both 100-year and 500-year Approximate width of floodplain (Based on FEMA Map): 636 Is floodway present? Yes If yes, is Riparian ESA assessment needed? No Waterway: Channelized Describe: 636 Sinuosity: Straight ft General Land Use [/] F„e,t [V] Agicultu„I Hlg_h IIdensitY c„p up„ Fallow[ ] R„identid Commercial / Industrial Recreational o,h,. Field Hn Ed Soil Deposition and Erosion D,„ th, n,,dpl,i. ,1,p, t, w,t„w,y „ i, .,h„,1 1,„„ p„„„t? sIopes If natural levee is present, are wetlands located behind it? If yes, is Water-Related Habitat assessment needed? No SoiIMap Unit Names(s): Ponder loam, 1 to 3 percent slopes Active erosion Is evidence of sheet flow present? Yes Is evidence of concentrated flow present? No Vegetation c,„„ ty1„, Young Forest Plant cover on existing land: well vegetated Bi,ny d„,db, d,mi„,„,„,g,t,d,„ Mesquite, hackberry, Johnson grass, native grasses and forbs Invasive exotics present? No Invasive specie(8): Approximate area of infestation (%) Trees Are tree(s) present > 6” DBH? Yes Are any trees to be removed? Yes Are any trees > 6” DBH to be removed? Yes Required Attachments: (List attached photographs, maps, and any other documents used to support the conclusion(s)) Figure 1 - V icinity, Figure 2 - City Mapped Riparian Buffer ESA, Figure 3 - Existing Onsite Riparian Buffer ESA, Figure 4 - Photo Location Mapand Photo Log Comments : (Provide a summary of findings that support the conclusion) This assessment is for the developed floodplain within the development area. The associated stream is offsite and was previouslyassessed with the eastern development. The stream has been previously channelized, highly eroded, and the immediate land cover to the stream is maintained upland grasses. Based on the manipulation of the offsite stream the associated floodplain is considered developed. 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 ESA requirements outlined in the Denton Development Code. All other appropriate aspects of the Denton Development Code, however, still apply. The official city ESA map will be updated to remove the area from ESA status[f] Based upon the site inspection by the City of Denton, the area in question IS an ESA and is subject to the requirment setnforth in Section 17 of the Denton Development Code Based upon the site inspection by the City of Denton, insufficient information is available to determine the ESA statusnof 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 mav be submitted in writing by the applicant, landowner, or agent within 30 days of the date below. Signature of field investigator: Date:06/07/2021 Approval: Date : Hilam Rd [ -dIn tI aab se 'nton T+ Kr un ‘ “=;=;=;h©nbwdTO deeli aD Pond w S (!HI HIck JI nl Chri Rt al Rd a( C A Bi FIGURE DATE: 06/06/2021 Kimley »>Horn1DRAWN: SDG CHECKED:AM B Vicinity Map Exeter Westpark 3 Tbb pmdut k br infornntbnd purposes and may not have teenprepared hr or be sulabb in legal. engineering, or surveying of propertydKHA NO.: 064537203 Denton, Denton County, Texas Legend Development Areag Floodplain ESA Designations I I m Habitat Not Assessed , I 'H Developed ,-_ I a Undeveloped mURE] DATE, m/06/2021 nd city Mapped !SAs - III1112 1 c H E c K E D A M B 1 F 1 (11H) (11F) (1pq1 plain t Nearmap Feb. 2021 125 250 Feet500 Kimley ,»HornExeter Westpark 3 Denton, Denton County, Texas +- P J ./::%S :i Legend Development Area Onsite Floodplain ESA [] Developed = Undeveloped &. 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