AEASA22-0001bORDINANCE NO. AESA23-0001 b
AN ORDINANCE OF THE CITY OF DENTON. TEXAS APPROVING AN ALTERNATIVEENVIRONMENTALLY SENSITIVE AREA PLAN FOR A SITE GENERALLY LOCATED ONTHE NORTHWEST SIDE OF THE INTERSECTION OF INTERSTATE HIGHWAY 35 W ANDROBSON RANCH ROAD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;ADOPTING AN AMENDMENT TO THE CITY’S OFFICIAL ENVIRONMENTALLYSENSITIVE AREAS MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNTOF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSEAND AN EFFECTIVE DATE. (AESA23-0001 b)
WHEREAS, the property owner, Angie Mastrocola of HR3200 LP (“Owner”), seeks to
develop approximately 228.8 acres of land described in Exhibit “A“ and depicted on the mapprovided 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 0.14 acres of Water-Related Habitat, as depicted on the map provided on Exhibit“B” attached hereto and incorporated herein by reference and as defined in the Hunter Ranch
MPC19-0002c (“Water-Related Habitat”), from the Property; and
WHEREAS, Owner has applied for an Alternative Environmentally Sensitive Area Plan to
relocate the ecological services offered by the Water-Related Habitat impacted by development of
the Property to “Created Habitat” on the map provided as Exhibit “C” and described in Exhibit
“D” attached hereto and incorporated by reference; and
WHEREAS, on June 28, 2023, 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 (5 – 0 – 1) of the Alternative ESA Plan on the AESA Property; and
WHEREAS, on July 18, 2023, the City Council likewise conducted a public hearing as
required by law, and finds that the request satisfies all substantive and procedural standards setforth in Section 2.8.4.D. of the Hunter Ranch MPC19-0002c, and is consistent with the Denton
Plan and the Hunter Ranch MPC19-0002c; 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 publicinterest and should be granted as set forth herein with respect to the Property; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDArNS:
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 mitigates the impact of development of the
Property and is hereby approved with the following conditions:
1.
2.
3.
4.
Land disturbances within Environmentally Sensitive Areas are limited to the Development
Impact Area, as described and depicted in Exhibits “C” and “D”.
Grading for the Alternative Water-Related Habitat, as depicted in Exhibit “D” will
immediately commence upon permission from the City to clear and grade for Hunter RanchPhase
Top soil from the existing Water-Related Habitat will be removed, transported and spread
on top of the crated Alternative Water-Related Habitat within three days of completing
grading for the Alternative Water-Related Habitat.
Vegetation established as a part of the approved revegetation plan are to be seeded and
maintained across a 0.23-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 60% 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.
5.
6.
SECTION 3. The City’s official ESA map is hereby amended to show the change in theESA Created Habitat.
SECTION 4. The City Council of the City of Denton approves and accepts the AlternativeESA Plan attached as Exhibit “D”.
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
Page 2 of 3
hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-
Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the
date of its passage.
s e c o n d e: hEy ][1rR;:IT P &t: : o In&n=evv a s 1r)[A1: Ie 1 d: an?eHda : :the following vote M - Z] :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:k/
b/
b/
/r
r
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:L/
PASSED AND APPROVED this the \gIL-day of 2023
GERARD HUDSPETH, MAYOR
ATrEST:
JESUS SALAZAR, INTERIM CITY SECRETARY b\\\III111111
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Hilary Negron2023.07.12 1 1 :54:43
-05'OO
Page 3 of 3
EXH[BIT A
PROPERTY DESCRIPTION - HUNTER RANCH PHASE 1 DEVELOPMENT IMPACT AREA
BEING a tract of land situated in the Elizano Pizano Survey, Abstract No. 994, City of Denton,
Denton County, Texas, being a portion of a called 2,322.081 acre tract of land described as Tract
I, in a Special Warranty Deed to HR 3200, LP, as recorded in Instrument No. 2021-229059 of theOfficial Records of Denton County, Texas, and being a portion of a called 128.241 acre tract of
land described in a Limited Warranty Deed to HR JV, LP, as recorded in Instrument No. 2023-390 of the Official Records of Denton County, Texas and being more particularly described asfollows
COMMENCING at a 1/2 inch iron rod with plastic cap stamped “Goodwin Marshall” found in south
line of said 128.241 acre tract, common to the northeast corner of a called 4.258 acre tract of land
described in a deed to Denton County, Texas, recorded in Volume 4658, Page 1 157 of the Deed
Records of Denton County, Texas, same also being on the northerly right-of-way line of Robson
Ranch Road, a variable width right-of-way;
THENCE along the southerly line of said 128.241 acre tract, the northerly line of said 4.258 acre
tract and along the northerly right-of-way line of said Robson Ranch Road, the following coursesand distances:
South 89'54’19” West, 290.42 feet to a metal fence post found for corner;
South 00'05’41 ” West, 5.00 feet to a metal fence post found for corner;
South 89'54’19” West, 200.00 feet to a metal fence post found for corner;
South 00'05’41 ” West, 5.00 feet to a metal fence post found for corner;
South 89'54’19” West, 37.27 feet to a point for the POINT OF BEGINNING of the hereindescribed tract of land:
THENCE continuing along the southerly line of said 128.241 acre tract and of said Tract 1, the
northerly line of said 4.258 acre tract and the northerly right-of-way line of said Robson RanchRoad, the following courses:
South 89'54'19" West, 562.71 feet to a metal fence post found for corner;
South 00'05'41" East, 5.00 feet to a metal fence post found for corner;
South 89'54’19" West, 2,444.32 feet to a point for corner;
THENCE departing the southerly line of said Tract I, the northerly line of said 4.258 acre tract andthe northerly right-of-way line of said Robson Ranch Road, and crossing said Tract I, and said128.241 acre tract the following courses:
North 00'12'23" West, 2,700.57 feet to a point for corner;
North 40'26'59" East, 227.31 feet to a point for corner;
North 53'59'41 " West, 650.27 feet to a point for corner;
North 09'15'01" West, 107.73 feet to a point for corner;
North 20'32'28" East, 302.03 feet to a point for corner;
North 31'57'50'’ West, 129.39 feet to a point for corner;
South 85'12'25" West, 53.21 feet to a point for corner;
North 35'40'29'' West, 35.19 feet to a point for corner;
North 03'41'42" West, 108.25 feet to a point for corner;
North 14'31'19" East, 96.02 feet to a point for corner;
North 69'05'37'' East, 189.05 feet to a point for corner;
North 03'30'58" West, 147.53 feet to a point for corner, the beginning of a tangent curve
to the right with a radius of 95.00 feet, a central angle of 93'18'35", and a chord bearingand distance of North 43'08'19" East, 138.17 feet;
Along said tangent curve to the right, 154.71 feet to a point for corner;
North 89'47’37" East, 245.83 feet to a point for corner;
North 85'27'26" East, 92.32 feet to a point for corner;
North 00'12'23" West, 1 ,31 1.90 feet to a point for corner;
North 84'07'28" East, 33.19 feet to a point for corner;
North, 1,799.28 feet to a point for corner;
East, 849.68 feet to a point for corner;
South, 1,796.06 feet to a point for corner;
North 77'20'20" East, 296.04 feet to a point for corner;
North 28'44'41" East, 36.12 feet to a point for corner;
North 69'27'26" East, 27.37 feet to a point for corner;
South 63'27'04" East, 75.20 feet to a point for corner;
South 13'12'41" East, 199.21 feet to a point for corner;
South 39'21'44" East, 53.62 feet to a point for corner;
South 59'50’22" East, 64.18 feet to a point for corner;
South 36'31'59" East, 55.03 feet to a point for corner;
South 47'58'38" West, 43.85 feet to a point for corner;
South 48'19'41 " East, 124.50 feet to a point for corner at the beginning of a non-tangent
curve to the left with a radius of 304.20 feet, a central angle of 32'48'54", and a chord
bearing and distance of South 25'15'52" West, 171.85 feet;
In a southwesterly direction, with said non-tangent curve to the left, an arc distance of
174.22 feet to a point for corner at the beginning of a compound curve to the left with a
radius of 804.20 feet, a central angle of 1 1'06'35", and a chord bearing and distance ofSouth 03'18'08" West, 155.69 feet;
In a southwesterly direction, with said compound curve to the left, an arc distance of
155.94 feet to a point for corner;
South 12'03'45" West, 224.55 feet to a point for corner;
South 73'32'42" West, 43.53 feet to a point for corner;
South 15'25'30" East, 32.21 feet to a point for corner;
South 23'25’59" East, 167.74 feet to a point for corner;
South 32'25'15" East, 170.25 feet to a point for corner;
South 66'03’09" East, 38.64 feet to a point for corner;
South 39'04’41" East, 154.07 feet to a point for corner;
South 08'16'54" East, 54.49 feet to a point for corner;
South 28'55'34'’ West, 75.04 feet to a point for corner;
South 75'19'16" West, 104.45 feet to a point for corner;
South 14'33'22" West, 121.10 feet to a point for corner;
South 33'42'31" West, 127.27 feet to a point for corner;
South 07'23’28" East, 106.76 feet to a point for corner;
South 37'49'34" West, 71.98 feet to a point for corner;
South
South
South
South
South
South
South
South
South
South
South
South
South
South
South
South
South
South
South
South
South
South
South
South
13'08'34"
29'24'46"
40'28'55"
26'34'52"
13'14'08"
07'20’22"
05'07'15"
28'54'58"
22'45'55"
07'47'51"
02'05'02"
09'17’Ol"
21'38’41"
37'OO'20"
19'05'56"
46'37'23"
48'24'50"
48'47'03"
40'44'18"
57'32'07"
43'41'32"
59'44’45"
47'52'34"
82'20'35"
East, 151.00 feet to a point for corner;
East, 127.90 feet to a point for corner;
East, 175.28 feet to a point for corner;
East, 203.89 feet to a point for corner;
East, 107.39 feet to a point for corner;
East, 199.66 feet to a point for corner;
West, 65.94 feet to a point for corner;
West, 133.91 feet to a point for corner;
West, 98.87 feet to a point for corner;
West, 94.00 feet to a point for corner;
East, 107.91 feet to a point for corner;
East, 121.67 feet to a point for corner;
East, 122.34 feet to a point for corner;
East, 64.77 feet to a point for corner;
East, 37.60 feet to a point for corner;
East, 60.86 feet to a point for corner;
East, 162.63 feet to a point for corner;
East, 168.96 feet to a point for corner;
East, 63.29 feet to a point for corner;
East, 67.44 feet to a point for corner;
East, 101.96 feet to a point for corner;
East, 50.04 feet to a point for corner;
East, 77.90 feet to a point for corner;
East, 93.65 feet to a point for corner;
South 77'22’49" East, 89.55 feet to a point for corner;
South 30'06’06" East, 39.99 feet to a point for corner;
South 16'19'07" West, 45.90 feet to a point for corner;
South 31'04'48" East, 47.64 feet to a point for corner;
South 56'31'32" West, 18.11 feet to a point for corner at the beginning of a non-tangent
cuIve to the left with a radius of 235.00 feet, a central angle of 08'35'59", and a chord
bearing and distance of South 41'53'06" West, 35.24 feet;
In a southwesterly direction, with said non-tangent curve to the left, an arc distance of
35.27 feet to a point for corner;
South 37'04'09" West, 70.84 feet to a point for corner;
South 00'06’11" East, 498.44 feet to a point for corner;
North 89'58'33'' East, 1,134.80 feet to a point for corner;
North 70'10’50" East, 142.18 feet to a point for corner;
North 38'37'57" West, 139.31 feet to a point for corner;
North 04'25'01" West, 363.65 feet to a point for corner;
North 19'18'09" East, 316.93 feet to a point for corner;
North 15'30'34" West, 364.03 feet to a point for corner;
North 02'21'18" West, 273.18 feet to a point for corner;
North 39'49’31 " East, 87.63 feet to a point for corner;
North 58'59'26" East, 290.31 feet to a point for corner;
South 87'40'26'’ East, 230.30 feet to a point for corner;
South 58'23'14" East, 303.16 feet to a point for corner;
South 39'24’08" East, 162.10 feet to a point for corner;
South 22'15'47" East, 133.33 feet to a point for corner;
South 1 1'02'55" East, 156.19 feet to a point for corner;
South 06'00'48" West, 107.15 feet to a point for corner;
South 32'33'31" West, 1,139.01 feet to a point for corner;
South 53'23'06'’ West, 145.43 feet to a point for corner;
South 73'30'24" West, 185.17 feet to a point for corner;
South 89'58'33" West, 1,207.64 feet to a point for corner;
South 00'06'11" East, 388.65 feet to a point for corner;
East, 847.63 feet to a point for corner;
South 87'34'56" East, 452.47 feet to a point for corner;
South 01'36'25" West, 82.17 feet to a point for corner;
South 42'21'25" West, 85.29 feet to a point for corner;
South 87'50'26" West, 254.60 feet to a point for corner;
West, 985.20 feet to a point for corner;
South 00'06'11" East, 99.69 feet to a point for corner;
South 85'36'24" East, 415.31 feet to the POINT OF BEGINNING and containing 331.129
acres (14,423,979 square feet) of land, more or less.
EXHIBIT B
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EXFrrBIT C
Description of aMitigation Area
BEING a tract of land situated in the E. Pizano Survey, Abstract Number 994, Denton County,
Texas, being a portion of that tract (Tract) of land described by deed to HR 3200, LP recorded in
Instrument Number 2021-229059, Real Property Records, Denton County, Texas, and being
more particularly described by metes and bounds as follows:
COMMENCING at a 1/2 inch iron rod with yellow cap, found at the southwest corner of said
Tract 1, being the southeast corner of that tract of land described by deed to Robson Denton
Development, L.P., recorded in Volume 4373, Page 216, said Real Property Records, and being
in the north right-of-way line of Robson Ranch Road (a variable width right-of-way) recorded as
Crawford Road in Volume 4658, Page 1157, said Real Property Records;
THENCE N 00'>37’23”W, 3285.00 feet, departing said right-of-way line with the west line of
said Tract 1, from which a 1/2 inch iron rod bears N 54'’32’00”W, 0.48 feet;
THENCE N 00'29’ 12”W, 508.42 feet, continuing with said west line;
THENCE N 89'30’48”E, 1301.70 feet, departing said west line over and across said Tract 1 tothe POINT OF BEGINNING;
THENCE N 07c’26’33“E, 125.87 feet, to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 19.85 feet, through a central angle of
43'45’00”, having a radius of 26.00 feet, the long chord which bears N 29'’ 19’04”E, 19.37 feet;
THENCE N 51'1 1’34”E, 47.06 feet, to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of , an arc distance of feet, through a
central angle of 150'’04’ 17”, having a radius of 10.00 feet, the long chord which bearsS 53'>46’ 18”E, feet;
THENCE S 21'’15’51 ”W, 34.36 feet, to the beginning of a curve to the left;
THENCE with said curve to the left, an arc distance of 52.54 feet, through a central angle of
30'06’32”, having a radius of 99.98 feet, the long chord which bears S 06'>12’35”W, 51.94 feet;
THENCE S 09'20’31 ”E, 47.00 feet, to the beginning of a curve to the left;
THENCE with said curve to the left, an arc distance of 1 1.50 feet, through a central angje of
06'35’19”, having a radius of 99.98 feet, the long chord which bears S 12'’38’27”E, 1 1.49 feet to
the beginning of a reverse curve to the right;
Peloton Job No. HWR18008 Tracking No. AC’F# 8468Dentm May 16, 2023G:UOB\HWRI 8008_HUNTER_RANCH\MASTER DEV\_SURVEY\EXHIBITS\LEGALS\HWR 18008_EX4.DOCX Page 1 of 3
THENCE with said reverse curve to the right, an arc distance of 31.12 feet, through a central
angle of 68'’35’15”, having a radius of 26.00 feet, the long chord which bears S 18'2 1’31 “W,
29.29 feet;
THENCE S 52'’39’09”W, 24.32 feet, to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 61.16 feet, through a central angle of
134'47’24”, having a radius of 26.00 feet, the long chord which bears N 59'57’09”W, 48.00 feet
to the Point of Beginning and containing 10, 131 square feet or 0.233 acres of land more or less.
“Integral parts of this document”
1. Description – 2 Pages2. Exhibit
Peloton Job No. HWR18008 backing No. ACF# 8468Denton N4ay 16, 2023
G:\JOB\HWRI 8008_HUNTER_RANCH\MASTER DEV\ SURVEY\EXHIBITS\LEGALS\HWR18008_EX4.DOCX Page 2 of 3
of Bearing is the Texas Coordinate SystemNorth Central Zone 4202, NAD 83
I !RF Iron Rod Found \(L(Fy
1000 200
GRAPHIC SCALE IN FEET
"Integral parts of this document"1. Description - 2 Pages2. Exhibit0\J\I\I00 I
I
I
du!
HR 3200, LPTract 1Inst.* 2021-229059R.P.R.D.C. T.
N51'11'34"E C47.06 2
S21' 15'51„W34.36'
10
ONar\02
' 20'31"E47.OO'
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N89' 30'48"E _Jr_UU'C5
S52' 39'09"W24.32'B
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Point of
Beginning
NO
C1C2C3
C4CS
DELTA
43' 45' OO150' 04' 17
30' 06' 32"06' 35' 19
68' 35' IS
RADIUS L
26,OO'19.85
26.19IO.OO'99.98'52.5499,98'11.50
31.1226.OO'
CURVE TABLE
BEARING
N29- 19' 04"E
S53' 46' 18"ES06' 12' 35"WS12' 38' 27"E
S18' 21' 31"W
DIST
19.37
19.3251.94
11.49
29,29B
~f be: By.}{{}':.*„--=:/C)m Robson Ranch Road
(Crawford Road Right-of way)Vol .4658. Pg J 157 RPiRI)E.T .
'Preliminary, this document shall not berecorded for any purpose and shall not
be used or viewed or relied upon as a
final survey document" 22 TAC 138.33e
Todd A. Bridges, RPLS 4940Date: 5/16/2023 Exhibit of a
Mitigation Areaiii PELOTONLAND SOLUTIONS
# HWR18008
m Situated in the E. Pizano Survey, Abstract Number 994,Denton County, Texas.
r B OSI G23
ACF# 8468
# 3 of 3
EXHIBIT D
Alternative Environmentally Sensitive Area (AESA) Report
Hunter Ranch Phase 1
Prepared for:
HR 3200, LP
3000 Turtle Creek Blvd.
Dallas, TX 75219
Prepared by:
mi!!!!! PELOTON
LAND SOLUTIONS
Peloton Land Solutions, Inc.
9800 Hillwood Parkway, Suite 250
Fort Worth, Texas 76177
June 20, 2023
Alternative Environmentally Sensitive Area (AESA) Report
Hunter Ranch Phase 1
Table of Contents
1.0 Introduction
1.1 Project Location and Project Description ............................................................................. 1
1.2 Existing Site Description ....................................................................................................... 1
1.3 Purpose of AESA ...
2.0
3.0
4.0
5.0
6.0
7.0
8.0
Notification and Review
Affected Environment and Summary of Impacts.............................................................................. 2
Mitigation Activities ..
Compliance with Authorities
Annual Reporting .............................................................................................................................. 7
8Summary ..
Annual Reporting Contacts ............................................................................................................. 10
Appendices
Appendix A – Site Maps
Appendix B – MPC19-0002c, Section 7.4.8.C.1– Cross Timbers Upland Habitat Area to Remain
and Exhibit F – ESA Map
Appendix C – Representative Photographs
Appendix D – Water-Related Habitat Forms
Appendix E – Detention Pond Detail Sheet
Appendix G – Erosion Control Plan
June 2023 Page i
Alternative Environmentally Sensitive Area (AESA) Report
Hunter Ranch Phase 1
1.0 Introduction
This Alternative Environmentally Sensitive Area (AESA) report is being submitted to the City of Denton
under the Hunter Ranch Master Planned Community (MPC19-0002c) Subsection 2.8.4 – AfSA Plan,
requesting a deviation from the regulations in SectIon 7.4 – Environmental Sensitive Areas . This AESA
report proposes mitigation measures for impacts required to construct residential lots and associated
infrastructure within the proposed single-family residential development known as Hunter Ranch Phase
1
1.1 Project Location and Project Description
Phase 1 of the Hunter Ranch development (project area) is located 0.25 miles west of the intersection of
Interstate Highway 35 West (IH-35W) and Robson Ranch Road (Appendix A, Exhibits 1 and 2). Robson
Ranch Road is adjacent to the southern boundary of the project area. The project area is approximately
415.31 acres in size. Currently, the project area is surrounded by pastureland to the north and west,
cropland to the south, and oak woodland to the east.
The proposed project includes the construction of a single-family residential development, residential
streets, associated utilities and infrastructure, and open space areas. The current zoning for the site is
shown as MPC – R7 (High-Density Single-Family), MPC – R6 (Medium Density Residential), and MPC – MN
(Mixed Use Neighborhood). The proposed development will include approximately 778 total single-family
lots with a density of approximately 3.4 units per acre.
1.2 Existing Site Description
The project area consists of native grassland with some oak woodlands along portions of the eastern
boundary. Peloton Land Solutions, Inc. (Peloton) has conducted multiple site visits to evaluate the
environmental sensitive areas (ESA) mapped by the City of Denton and to identify potential waters of the
U.S. within the project area. A water of the U.S. delineation within the project area was conducted on
January 11, 2021. An Approved Jurisdictional Determination (AJD) request was submitted to the U.S.
Army Corps of Engineers (USACE) Fort Worth District Regulatory Branch and was approved on January 6,
2022
A summary of the ESA assessment submittals is included below. The ESAs (confirmed and removed), as
shown on the City of Denton GIS, are included in Appendix A, Exhibit 3.
•ESA Field Assessments (ESA21-0003, ESA22-0003, and ESA22-0012) confirmed a series of ESAs
associated with Roark Branch Tributary 11. A riparian buffer that supports and protects the
stream and a series of wetlands that intercept pollutants and provide habitat were confirmed.
The floodplain is in its natural state and has not been previously modified and is considered an
undeveloped floodplain. Additionally, Cross Timbers Habitat ESA is located along portions of the
eastern boundary of the project area and the majority of this area was determined to meet the
definition of Cross Timbers Upland ESA. A small portion of the Cross Timbers ESA originally
mapped by the City of Denton ESA map was assessed and determined not to meet the definition
of Cross Timbers Habitat ESA and was removed from the official ESA map.
June 2023 Page 1
Alternative Environmentally Sensitive Area (AESA) Report
Hunter Ranch Phase 1
1.3 Purpose of AESA
The purpose of this AESA report is to inform the City of Denton of deviations from Section 7.4 of the
Hunter Ranch Master Planned Community (MPC19-0002c). This AESA report proposes the removal of a
Water-Related Habitat ESA present within the project area. The AESA report proposes mitigation for the
impact to a Water-Related Habitat ESA due to the construction of the residential development. The
proposed construction within the Water-Related Habitat ESA will allow for continuity and consistency
within the development area. The proposed mitigation measures will create direct connectivity of the
mitigation area to the existing Undeveloped Floodplain ESA and Riparian Buffer ESA. This connectivity will
allow for the filtration of sediments/pollutants of stormwater runoff from the proposed adjacent
residential development before entering the riparian corridor, which will help to protect water quality
within the watershed. No additional impacts to ESAs that deviated from Section 7.4 of the Hunter Ranch
Master Planned Community (MPC19-0002c) are proposed within the project area. Appendix A, Exhibits
4 and 4A, shows the proposed impacts on the on-site ESA.
2.0 Notification and Review
This AESA report outlines the mitigation to offset impacts on ESAs that deviate from Section 7.4 of the
Hunter Ranch Master Planned Community (MPC19-0002c). Additionally, this AESA is being provided to
the City of Denton as formal notification of the proposed activity and review of the proposed mitigation
activity.
One (1) Water-Related Habitat ESA (WRH-3) proposed to be removed was determined to be an isolated,
non-jurisdictional pond during the AJD review with the USACE Fort Worth District Regulatory Branch that
was approved on January 6, 2022. Therefore, no Section 404 permitting (or mitigation activities) will be
necessary to remove this wetland area.
No other coordination with other regulatory agencies will be necessary to construct the proposed project.
3.0 ESA Protection Compliance
Appendix A, Exhibit 3 shows the Riparian Buffer, Water-Related Habitat, Cross Timbers Upland Habitat,
and Undeveloped Floodplain ESAs identified within and adjacent to the project area.
An intermittent stream is located immediately west of the project area, where Riparian Buffer ESA, Water-
Related Habitat ESA, and Undeveloped Floodplain ESA are located (approved and confirmed by City review
on August 3, 2022). The intermittent stream (Stream 2) flows into the project area along the western
boundary of the property and flows to the north. An additional intermittent stream flows into Stream 2
from the west (Stream 2a). Much of the riparian area that exists along the intermittent streams (Streams
2 and 2a) is dominated by herbaceous species. Hydrophytic herbaceous species such as switchgrass
\Panicum virgatum\, giant ragweed {Ambrosia trifida\, and vine-mesquite IPanicum obtusum\ were
observed within 15 to 25-feet of the stream banks. The remaining 10 to 20-foot of the proposed Riparian
Buffer was dominated by upland species.
June 2023 Page 2
Alternative Environmentally Sensitive Area (AESA) ReportHunter Ranch Phase 1
There are also a series of herbaceous wetlands and two on-channel ponds located along and adjacent to
both intermittent streams (Streams 2 and 2a) and were classified as Water-Related Habitats during the
City review of the area. Ten herbaceous wetlands and one pond are located on-channel/adjacent to
Stream 2. Five herbaceous wetlands are located on channel to Stream 2a. The Undeveloped Floodplain
ESA overlaps the majority of the Riparian Buffer ESAs and Water-Related Habitat ESAs. The western
portions of the intermittent streams are located outside of the Undeveloped Floodplain ESA. The
Undeveloped Floodplain ESA covers approximately 52.5 acres.
Cross Timbers Upland Habitat ESA is located within and adjacent to the eastern boundary of the project
area. There are approximately 5.5 acres of Cross Timbers Upland Habitat ESA located within the limits of
the project area (Appendix B, Exhibit 4C). This Cross Timbers Upland Habitat corresponds with the Upland
Habitat Area A in the Hunter Ranch Master Planned Community (MPC19-0002c), Section 7.4.8.C.1– Cross
Timbers Upland Habitat Area to Remain and Exhibit F – ESA Map (Appendix B). Section 7.4.8.C.1 required
that up to 41 percent of Upland Habitat Area A be maintained as Cross Timbers Upland Habitat. A portion
of the Cross Timbers Upland Habitat area will be affected by the construction of a north/south road along
the eastern boundary, two east/west interior residential roads, and approximately seven (7) residential
lots. Approximately 95.9 percent of the Cross Timbers Upland Habitat ESA will remain following the
construction of the proposed project. No deviation for Section 7.4 of the Hunter Ranch Master Planned
Community (MPC19-0002c) would result from these proposed impacts. Therefore, it does not need to be
addressed further in the AESA plan.
4.0 Affected Environment and Summary of Impacts
Approximately 0.14 acres of Water-Related Habitat ESA (WRH-3) is proposed to be impacted by residential
lot development associated with the project area (Appendix A, Exhibit 4A; Appendix C, Photos 1 and 2).
WRH-3 appears to have been historically an upland stock pond. It appears that the berm surrounding this
pond was breached prior to 2005. WRH-3 currently only holds shallow pooled water ranging from one to
two-inches, which is consistent with the observations made during the site visit on June 13, 2022. The
shallow pooled water was observed in the center of WRH-3, and it was relatively devoid of vegetation.
The water level within WRH-3 is heavily influenced by precipitation. There is no direct flow (i.e., stream
channel) that flows into WRH-3. Therefore, hydrology is influenced by sheet flow from surrounding
upland areas and what it can capture during precipitation events. The remaining portion of WRH-3 was
dominated by herbaceous wetland vegetation that consisted of spikerush (Eleocha ris sp.), annual
sumpweed (Iva annua), and cocklebur (Xanthium strumarium\. The vegetation cover was estimated to be
approximately 35 percent, with the Water-Related Habitat Assessment form was completed on April 6,
2021 (Appendix D). During the June 13, 2022, site visit, it was estimated that the vegetation cover was
approximately 60 percent. Representative photographs of WRH-3 are included in Appendix C.
Water Related Habitat in a natural state can filter runoff of pollutants and sediment, store water to help
prevent flooding, and provide habitat for wildlife. The functions and benefits that WRH-3 could provide
to the City of Denton if it were to remain within the development would be greatly reduced or in some
cases almost completely removed. If WRH-3 were to remain within the development, it would be
surrounded by single-family residences and would become isolated from the downstream watershed. The
June 2023 Page 3
Alternative Environmentally Sensitive Area (AESA) Report
Hunter Ranch Phase 1
ability of WRH-3 to filter pollutants and sediment and prevent flooding would be non-existence. The
majority of the runoff from the development would be directed into storm drain systems and no water
would be directed into WRH-3. Its only water source would be what it could collect in a precipitation
event. Wildlife use of WRH-3, if it were to remain within the development, would also be affected. WRH-
3 would be fragmented from the riparian corridor that exists west and would result in less wildlife species
utilizing WRH-3 once construction of the development is completed. The residential development would
also introduce domestic species (dogs and cats) to the area that would threaten birds that would naturally
utilize the area and increased human activity would also discourage wildlife to use the area.
5.0 Mitigation Activities
Proposed changes and impacts to ESAs and the location of the proposed mitigation area are shown in
(Appendix A, Exhibits 4, 4A, and 4B). WRH-3 will be impacted by the development of two residential lots.
To mitigate the removal of WRH-3, a higher quality herbaceous wetland will be created wIthin the
Undeveloped Floodplain ESA located west of the project area. This wetland creation area mitigates the
ecosystem services lost with the removal of WRH-3 from the project area. The Water-Related Habitat
mitigation area will be of higher ecological value than the area being impacted. The WRH-3 is located
completely in upland areas and is not directly connected to a Riparian ESA. The mitigation area being
located within and adjacency to floodplain, riparian areas, and water-related habitat will provide direct
benefits to water quality by filtering runoff from the adjacent proposed residential development.
Approximately 0.46 acres of Undeveloped Floodplain ESA and 0.06 acres of Riparian ESA are located within
the proposed mitigation area. Placement of the mitigation area within the Riparian Buffer ESA was
necessary to allow for adequate drainage area to be directed into the created wetland to ensure natural
hydrology to this location. The mitigation area has been designed allow for stormwater flowing through
the adjacent riparian and water-related habitat to enter into the proposed mitigation area. Additionally,
low flow from an adjacent wet detention pond will be directed to the proposed mitigation area. These
design features will not only help to dissipate flow energy but will directly filter flows through the
mitigation area before returning to the riparian system and flowing downstream. The proposed
mitigation area will filter, and trap sediment associated with runoff and stormwater flows before flowing
into adjacent and downstream riparian area, water-related habitat, and floodplain. The Water-Related
Habitat mitigation area will also provide habitat for wildlife, birds, and small invertebrates. A proposed
pedestrian trail system is proposed along/adjacent to an existing overhead power line easement which is
located east of the proposed mitigation area. The proposed trail will provide community members the
opportunity to access and utilize the mitigation area and adjacent ESA areas.
The proposed mitigation area will be approximately 0.23 acres in size and will be located adjacent to an
on-channel pond (Pond 2). The proposed mitigation area will result in approximately 164% increase in
size from the original size of WRH-3, which is only 0.14 acres. The proposed mitigation area will be
designed to mimic the depth and side slopes of the WRH-3. The mitigation area will be excavated to a
bottom elevation of 689.5 feet. There will be 4:1 side slope around the mitigation area. Both Streams 2
and 2a flow into Pond 2, just upstream of where the proposed mitigation area will be created. The
mitigation area has been designed to capture stormwater from both Pond 2 and Streams 2 and 2a and an
June 2023 Page 4
Alternative Environmentally Sensitive Area (AESA) Report
Hunter Ranch Phase 1
adjacent wet detention pond. A 10-foot-wide berm with a spillway will be constructed on the downstream
side (i.e., north side) of the proposed mitigation area. The elevation of the top of the berm will be 701’.
The bottom elevation of the spillway will be 700’, which matches the normal pool elevation of Pond 2.
This will allow for water above the normal pool elevation to enter into the mitigation area to be filtered
before being released downstream. An additional source of water to the mitigation area will also come
from an adjacent detention pond. The detention pond will have a 36-inch pipe, which will be fed by an
outfall structure that meters the flow from the pond. The detention pond will be a wet pond that will
maintain a normal pool at the 707’ elevation the majority of the year. Flow will discharge through the
outfall structure when the pond elevation exceeds 707’. Flow through the pipe during normal conditions
would be between 1 to 7 cfs. That flow would increase during a storm event but would be controlled by
the metered outfall structure and decrease as the elevation of the water in the detention pond decreases
back to the 707’ elevation once the storm event ends. The 36-inch pipe would outfall into riprap and
continue as overland flow for approximately 75 feet before flowing into the proposed mitigation area (See
Appendix A, Exhibit 4A and Appendix E for detailed sheet of the detention pond). The overall drainage
area that will be directed to the proposed mitigation area is approximately 50.9-acres. The construction
of the proposed mitigation area will occur during initial grading associated with Phase IB.
The topsoil from WRH-3 (approximately top 12-to 18-inches of soil) will be removed, transported, and
spread on top of the created mitigation area after grading necessary to construct the mitigation area has
been completed. This will transfer the existing wetland vegetation seed bank and developed wetland soils
that exist in WRH-3 to the proposed mitigation area. The mitigation area will also be seeded with a pre-
determined seed mix. The proposed seed mix will contain a mixture of grasses, forbs, and small shrub
species that can grow in both wetland and upland settings. The proposed seeding mix also consisted of a
variety of herbaceous vegetation species (grasses and forbs) that would increase the species diversity and
richness over what is currently located within the existing wetland (WHR-3). The proposed seed mix is
available from Native American Seed and is called Riparian Recovery Mix. A list of species included in this
mix with their wetland indicator status is included in Table 1. The recommended seeding rate for this mix
is 12 pounds per acre.
Table 1. Vegetation Species included in Proposed Seeding Mix
Species
Wetland
Indicator
Status
FAC
Species
Eastern gamagrass
loidesTripsacum dat
Switchgrass
Panicum virqatum
Green sprangletop
(Leptochloa dubia',
Inland seaoats
Chasmanthium latifoliam\
Plains bristlegrass
{Setaria vulpiseta\
Canada wildrye\us canadensis
Big bluestem
ron gerardIAndr-
Indiangrass
ISorghastum nutans
Sideoats grama
ldula\' Bouteloua curti,
Florida paspalum
lridanum\'PasDalum
June 2023 Page 5
Alternative Environmentally Sensitive Area (AESA) Report
Hunter Ranch Phase 1
Table 1. Vegetation Species includedWetland
Indicator
Status
in Proposed Seeding Mix
Species Species
Wetland
Indicator
Status
UPLSand dropseed
{Sporobolus cryptandrus\Alkali sacaton
(Sporobolus airoides\
Plains coreopsis
{Coreopsis tinctoria\
Englemann daisy
(Engelmannia peristena)MaximiIIan sunflower
(Helianthus maximiliani\Frostweed
{Verbesina virginica\
Southwestern bristlegrass
\Setaria scheeli)
Buttonbush
(Cephalanthus occidentalis\
Broomsedge bluestem
{Andropogon virginicus\
Lemon mint
LMonarda citriodora\
Swamp rose milkweed
{Asclepias incarnata\
FACU Texas cupgrass
(Eriochloa sericea\
Illinois bundleflower
{Desmanthus illinoensis\
Black-eyed Susan
(Rudbeckia hirta\
Partiridge pea
\Chamaecrista fasciculata\
Swamp sunflower
(Helianthus angustifolius\
Clasping coneflower
(Dracopis amplexicaulis\
Pink evening primrose
{Oenothera speciosa\Cane bluestem
(Bothriochloa barbinodis\
Bushy bluestem
(Andropogon glomeratus\
Slim tridens
{Tridens muticus\
Tall dropseed
{Sporobolus compositus\
FAC FACU
FACU
FACU
FAC
FAC
FACU
FACU
FACU FACW
UPL UPL
OBL FACU
FACW
FACU
UPL
FACU
UPL
FACW
The proposed seeding mix will be sown in the spring or late fall, depending on the species and when
grading activities associated with Phase IB are completed to create the Water-Related Habitat mitigation
area is completed. In the interim, temporary stabilization may be established by hydro-mulching,
installing of erosion control blankets, or similar best management practices. No invasive species (i.e.,
bermudagrass) would be utilized if any temporary stabilization would be necessary. Irrigation is not
proposed at this time. However, if planted vegetation shows signs of stress or the survival rate does not
meet or exceed 60 percent (see Section 6.0 - Annual Reporting below), irrigation may be deemed
necessary. Irrigation could be installed, if needed, following the planting of the seeding mix to allow for
adequate vegetation establishment. An initial site visit by Peloton environmental staff will be performed
following the completion of the seeding, prior to the first annual monitoring event.
Selective removal of invasive or noxious species may be necessary to maximize the development of the
desired plant community within the wetland creation area. Cattail, honey locust, black willow, and
mesquite have been observed within the surrounding Undeveloped Floodplain ESA and Riparian Buffer
ESA adjacent to the proposed Water-Related Habitat mitigation area and would be a primary concern due
to their potential invasive nature. The Water-Related Habitat mitigation area would be monitored to
control these species. The invasive species will be removed using individual hand-treatment of an
approved state/federally regulated herbicide, or mowing/shredding could be utilized.
June 2023 Page 6
Alternative Environmentally Sensitive Area (AESA) Report
Hunter Ranch Phase 1
Trees removed by the construction of the mitigation area will be included in the overall tree preservation
plan for the project area. Any mitigation for trees to be removed from project area (if necessary) will be
calculated in the overall tree preservation plan. Appendix A, Exhibit 4B provides a graphic of the
protected trees that are located within the AESA area that will be included in the overall tree preservation
plan for the project area.
The proposed mitigation area will be placed within a drainage easement to protect it and ensure it will
remain intact and not be disturbed in the future. Additionally, a legal description with meets and bounds
will be generated for the mitigation area for staff review, comment, and approval.
Erosion control measures will be implemented prior to and during construction. A copy of the erosion
control plan is included in Appendix G.
6.0 Compliance with Authorities
The City of Denton is the authority over compliance with this AESA mitigation plan. Once the Water-
Related Habitat mitigation area has been constructed and the drainage easement filed, the City of Denton
will be notified that the AESA activities have been completed.
7.0 Annual Reporting
An annual report will be prepared each year for three (3) consecutive years, beginning 12 months
following the commencement of the implementation of the mitigation activities during Phase IB, for the
purpose of describing the cumulative mitigation work that has been performed during the reporting
period and to report on the condition and percent vegetation cover observed. These annual reports will
be submitted to the City for review and inspection.
The first two (2) annual reports will contain adaptive management action items, when necessary, that
may include:
• Manual removal of invasive plants will be performed as needed. If this manual removal does not
appear to be successful in keeping the area clear of noxious or invasive vegetation, other low
impact techniques such as selective hand herbicide treatment and mowing/shredding may be
used when practicable.
Irrigation may be provided as necessary to ensure the survival of wetland seedings, particularly in
the establishment stage of the project.
Re-seeding would occur as needed if vegetation cover does not appear to be approaching 60
percent vegetation cover.
The Water-Related Habitat mitigation area is designed to be stable in the long term. However, if
necessary, localized stabilization would be evaluated during the initial creation of the depression
area and prior to herbaceous vegetation establishment.
•
•
•
Upon completion of the three-year monitoring and reporting period, the City will inspect the mitigation
area and determine whether 60 percent vegetation cover has been achieved. The City of Denton
June 2023 Page 7
Alternative Environmentally Sensitive Area (AESA) Report
Hunter Ranch Phase 1
Environmental Services will conduct an inspection to confirm the 60 percent survival rate and accept the
project. After a City inspection, if vegetation cover is less than 60 percent, then the owner shall be
notified. If the owner does not take remedial steps to bring the property into compliance, the City may
issue 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.
8.0 Criteria for Approval
1. Mitigation goals are obtained by creating, expanding, and/or improving ESA’s.
The proposed AESA plans to mitigate the impacts to the Water Related Habitat ESA by creating
0.23-acre wetland area. A high-quality herbaceous wetland will be created within the
Undeveloped Floodplain ESA located west of the project area. Topsoil from WRH-3 will be
removed, transported, and spread on the top of the created mitigation area. This will transfer
the existing wetland vegetation seed bank and developed wetland soils that exist in WRH-3 to the
proposed mitigation area. The mitigation area will also be re-seeded with a mixture of native
grasses, forbs, and small shrub species.
2. Mitigation goals are obtained by preserving ESAs 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.
The proposed mitigation area will provide increase the species diversity and richness over what is
currently located in the existing Water Related Habitat ESA. The mitigation area will be designed
to capture stormwater from adjacent existing riparian and water-related areas within the
Undeveloped Floodplain ESA and an adjacent wet detention pond, which will aid in stormwater
management for the residential development. Additionally, the proposed project would install
pollutions prevention controls and implement best management practices, where applicable.
3. The area offered as mitigation is linked to existing or planned open space or conserved area to
provide an overall open space system.
The proposed mitigation area will be placed within an existing Undeveloped Floodplain ESA. This
will allow for the proposed mitigation area to by hydrologically connected to existing ESAs (Riparian
Buffers, Undeveloped Floodplain, and other Water-Related Habitat) that are located immediately
west of the project area.
4.Development is arranged for maximum access and utilization of the ESAs by citizens.
The plan layout is such that ESAs and open spaces have adjacency to public right-of-way, providing
easy access for citizens to enjoy the natural habitat. A proposed pedestrian trail system is
June 2023 Page 8
Alternative Environmentally Sensitive Area (AESA) Report
Hunter Ranch Phase 1
proposed along/adjacent to an existing overhead power line easement which is located east of
the proposed mitigation area. The proposed trail will provide community members the
opportunity to access and utilize the mitigation area and adjacent ESA areas. The proposed trail
will be located outside of any existing ESA area.
5.Areas offered as mitigation are placed either in a lot or lots that incorporate a permanent
conservation easement, a preserved habitat, restrictive covenants, or such other legal mechanism
to allow for the long-term conservation of said areas. Such legal mechanisms shall limit any future
land disturbing activity or construction within the ESAs, shall run with the land, and shall be binding
upon all successors and assigns of the current owner.
The proposed mitigation area will be placed within a drainage easement to protect it and ensure
it will remain intact and not be disturbed in the future.
6. The alternative ESA plan shall demonstrate that the property owner’s alternative proposal results
in high-quality development meeting the intent of the standards in the DDC.
The AESA plan would create a 0.23-acre wetland area, which would replace functions lost from the
impact to Water-Related Habitat. The proposed mitigation area will result in approximately 164%
increase in size from the original size of the impacted Water Related Habitat ESA. The water quality
and habitat improvements associated with the wetland mitigation area will mitigate for impacts to
the Water-Related Habitat ESA. The Water-Related Habitat mitigation area will provide habitat for
wildlife, birds, and small invertebrates. With the proposed location being in the floodplain and
directly adjacent to an intermittent stream, the Water-Related Habitat mitigation area will be of
higher ecological value than the area being impacted. As such, the proposed development meets
the criteria for approval for an AESA.
9.0 Summary
The impacts proposed to Water-Related Habitat ESA are 0.14 acres, resulting from the construction of
two residential lots. The mitigation for these impacts will include the creation of an 0.23-acre herbaceous
wetland adjacent to the proposed project within the Undeveloped Floodplain ESA. The topsoil from WRH-
3 will be transported and spread on top of the created Water-Related Habitat mitigation area. A mixture
of grasses and forbs will also be seeded within the mitigation area in the spring or late fall, depending on
the species and time when grading activities to create the Water-Related Habitat mitigation area are
completed. If necessary, temporary stabilization will be established by hydro-mulching or installing
erosion control blankets, and irrigation is not proposed at this time. The mitigation area will be protected
by the creation of a drainage easement.
June 2023 Page 9
Alternative Environmentally Sensitive Area (AESA) ReportHunter Ranch Phase 1
10.0 Annual Reporting Contacts
Owner/Applicant: HR 3200, LP
3000 Turtle Creek Boulevard
Dallas, Texas 75216
Environmental Consultant:Peloton Land Solutions, Inc.
9800 Hillwood Parkway, Suite 250
Fort Worth, Texas 76177
Civil Engineer:Kimley-Horn and Associates
6160 Warren Parkway, Suite 210
Frisco, Texas 75034
June 2023 Page 10
Appendix A - Site Maps
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11111 LAND SOLUTIONS
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Sources NAIP 2018
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Legend
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A Potential Wetland Mitigation Area
A Proposed Impacts to Water Related Habitat
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CZ3Upland Habitat ESA, Designation Removed
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Water Related Habitat, Not Assessed
Stream ESA, Designation Confirmed
A Stream ESA, Not Assessed
Stream ESA, Designation Removed
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A/ Proposed Layout For Phase 1
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Proposed Mitigation Area 11111 LAND SOLUTIONS
9800 HILLWOOD PARKWAY. SUITE 250FORT WORTH. TX 76177PHONE: 817-562-3350
Sources: NAIP 2018
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Legend
Project Area (DIA of Phase 1 )
F"""'IDIA for AESA Plan
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AV Proposed Wetland Mitigation Grading
Proposed Silt Fence Installation
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Water Related Habitat, Designation Confirmed
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Sources: NAIP 2018
Denton, Denton County, Texas
Legend
Project Area (DIA of Phase 1 )
[,""']DIA for AESA Plan
A ' Tree Protective Fencing
Proposed Silt Fence Installation
Trees within DIA of Hunter Ranch Phase 1
Trees within the DIA of AESA Plan
• Existing Tree to be Removed
A Potential Wetland Mitigation Area
a ' Proposed Layout and Grading For Phase 1
ea Proposed Normal Pool of Detention Pond
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Hunter Ranch - Phase 1 PE LOTO NProposed Mitigation Area 11111 LAND SOLUtIONS
9800 HILLWOOD PARKWAY. SUITE 250FORT WORTH. TX 76177PHONE: 817-562.3350
Sources: NAIP 2018
Denton, Denton County, Texas
Appendix B - MPC194)002c, Section 7.4.8.C.1 -
Cross Timbers Upland Habitat Area to Remain and Exhibit F - ESA Map
D.Appeals Approval Criteria
In considering an appeal, the appropriate decision-making body shall consider the approval
criteria applicable to all applications in Subsection 2.4.5, and shall consider the following:
1. The facts stated in the application, as presented by the appellant and/or the Director; and
2. The requirements and intent of the applicable standards from this DDC compared to the
written decision that is being appealed.
2.16.4 Alternative Environmentally Sensitive Area (ESA) Plan
A.
B.
Purpose
The alternative ESA plan provides the option to address the ESA regulations through a flexible
discretionary process using the zoning map amendment procedure.
Applicability
An alternative ESA plan is required when development deviates from regulations
established in Section 7.4: Environmentally SensItive Areas , and encroaches or removes
protected ESAs.
Alternative ESA Plan Procedure
Figure 2.16-2 identifies the applicable steps from the common review procedures in Section 2.4
that apply to the review of alternative ESA plans. Additions or modifications to the common
review procedures are noted below.
C.
Figure 2.16-2: Summary of Alternative ESA Plan Procedure
Pre-ApplicationActivities
ApplicationSubmittal andProcessing
Schedulingand Notice ofPublicMeetings/Hearings
Staff Reviewand Action Review andDecision
Post-DecisionActions andLimitations
Pre-applicationconference
required; Citizen
Participationrecommended
Submit toDirector Review by Staff P&Z and CityCouncil hearingsrequired
P&Z review; CityCouncil review anddecision
Director to amend
the Official ZoningMap
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1560.031 \&4376.22
1.Step 1: Pre-Application Activities
a.Pre-Application Conference
A pre-application conference is required in accordance with Subsection 2.4.3.
b.Citizen Participation
Citizen Participation is recommended in accordance with Subsection 2.4.3B: CitizenParticipation .
2 Step 2: Application Submittal and Processing
a.Generally
i. The alternative ESA plan application shall be submitted and accepted, and may
be revised or withdrawn, in accordance with Subsection 2.4.4.
ii.The Director may require additional information deemed appropriate and
necessary to process the application.
b.Step 3: Staff Review and Action
The Director shall review the alternative ESA plan application and prepare a staff
report and recommendation in accordance with the general approval criteria
applicable to all applications in Subsection 2.4.5, and the approval criteria inSubsection 2.16.4D below.
C.Step 4: Scheduling and Notice of Public Meetings/Hearings
The alternative ESA plan application shall be scheduled for public hearings before the
Planning and Zoning Commission and the City Council and shall be noticed pursuant
to Table 2.2-A Summary of Development Review Procedures, and Section 2.4.6.
d Step 5: Review and Decision
Planning and Zoning Commission Review and Recommendation
The Planning and Zoning Commission shall review the alternative ESA plan
application in accordance with the approval criteria in Subsection 2.16.4D below,
and shall forward its recommendation to the City Council.
11.City Council Review and Decision
a. The City Council may review and approve, approve with conditions, or deny
the alternative plan application in accordance with the approval criteria in
Subsection 2.16.4D below.
If the Planning and Zoning Commission recommends denial of the
alternative ESA plan, the alternative plan shall become effective only by a
three-fourths vote of all members of the City Council.
iii.Protest Procedure
The rules governing amendment over protest are the same as for a zoning
amendment and are contained in TLGC, Chapter 21 1. The Director may
prescribe forms for protest petitions.
Property owners within 200 feet of a proposed rezoning, as indicated on the
most recently approved city tax roll, may file a written protest against the
rezoning. If written protests are received by owners of 20 percent or more of
the area within 200 feet of the proposed rezoning, approval shall require
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1560.031 \ 84376.22
three-fourths vote of the City Council for an alternative plan to become
effective. In such case, a supermajority vote shall not be required by the
Planning and Zoning Commission.
e.Step 6: Post-Decision Actions and Limitations
Post-decision actions and limitations in Section 2.4.8 shall apply. The City Council
decision is a final action and may not be appealed.
D.Alternative ESA Plan Approval Criteria
The City Council may approve the alternative ESA plan with conditions necessary to mitigate the
impacts of the proposed development upon considering the factors and goals noted in thissectIon
1.Mitigation goals are obtained by creating, expanding, and/or improving ESAs.
2.Mitigation goals are obtained by preserving ESAs 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.
3.Areas offered as mitigation are linked to existing or planned open space or conserved areas
to provide an overall open space system.
4.Development is arranged for maximizing access and utilization of the ESAs by citizens.
Areas offered as mitigation are placed either in a lot or lots that incorporate a permanent
conservation easement, a preserved habitat, restrictive covenants, or such other legal
mechanism to allow for the long term conservation of said areas. Such legal mechanisms
shall limit any future land disturbing activity or construction within the ESAs, shall run with
the land, and shall be binding upon all successors and assigns of the current owner.
The alternative ESA plan shall demonstrate that the property owner's alternative proposal
results in a high-quality development meeting the intent of the standards in this DDC.
5.
6.
2,16.5 Watershed Protection Permit Relief
A.Purpose
The watershed protection permit allows a determination of whether the application of the
standards in this DDC, as applied to a watershed protection permit and related development
applications would, if not modified or other relief granted, constitute a regulatory taking under
constitutional standards.
B.Applicability
A property owner or authorized agent may file an application for relief under this subsection
following final decision to deny or conditionally approve an application for a watershed
protection permit and related applications within 10 days.
C.Application Submittal and Processing
1. The Director has the authority to establish requirements for applications in the
Administrative Criteria Manual. No application shall be accepted for filing until it is
complete and the fee established by the City Council has been paid.
2.Upon approval of an application in whole or in part by the City Council, the Director shall
process the watershed protection permit, and related development applications, and the
Director shall decide the applications consistent with the relief granted on the application,
including any amendments to applicable standards approved by City Council.
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Subchapter 7: Development Standards
b. Issue a Stop Work Order and may enforce the penalty provision of Section 1.5:
Amenities
Certain private amenities, which shall include, but not be limited to, an amenity center with private use
restrictions and a pool, bathrooms, cabana structure, and playground, will be constructed in phases as
development of this MPC occurs and will be owned, operated and maintained by an owner association or
another non-profit entity. The developer will start construction of these private amenities prior to the City
issuing a building permit for the 1,000th single family detached residence in the MPC, and will complete
construction of these private amenities within two years after the issuance of a building permit for the
private amenities. Public improvements will meet or exceed city requirements at the time.
C.Enforcement, against the permittee or site operator, or both.
4.Should the permittee fail in any respect to fulfill the requirements of this section, the city
may go onto the property in question and perform such work as may be necessary to fulfill
such requirements, including, but not limited to, leveling grounds, establishing temporary
stabilization, constructing erosion controls, and removing all soil, rock, debris, and other
materials not suitable for fill at the permittee's expense. The city shall bill the permittee for
the expenses incurred. If the permittee fails to pay the city for such expenses within 30 days
of being billed for same, the city shall have the right to place a lien on the property for all
amounts expended by the city, plus interest at the current lawful rate.
The remedies provided by this section are in addition to any other remedies described in this
DDC. Exercise of any remedy shall not be a bar against, nor a prerequisite for, taking other action
against the violator, including civil enforcement remedies.
C+
Environmentaljy Sensitive Areas (ESAs
7.4.1 Purpose
This Section 7.4 is intended to achieve the following goals:A.Manage and protect environmentally sensitive areas within this MPC.
B.Protect the natural and ecological resources that are essential elements of the city’s health and
community character and which provide irreplaceable plant and wildlife habitat;
C.Establish a development framework for the MPC that respects private property rights, while
encouraging them to be used responsibly for the benefit of the entire community;
Preserve and enhance the MPC's distinctive community character and quality of life by
ensuring that its natural and built environments are consistent with the community vision and
values embodied in the Comprehensive Plan; and
D.
E.Establish regulations that conform to the requirements of the state and federal government
regarding air quality, water quality, and environmental protection.
7.4.2 Applicability
A.General Applicability
The standards of this Section 7.4: Environmentally Sensitive Areas (ESAs) , shall apply to all
land and all development within the MPC, except as otherwise specifically provided for in
this section.
1
2 The type of regulation applicable to the land depends upon the specific ESA classification
determined for the property in question on the Environmentally Sensitive Areas Map. If
Page 252
1560,031 \84376.22
Subchapter 7: Development Standards
other regulations in this DDC conflict with the specific ESA regulations of this section, the
more stringent of the two regulations shall apply.
B.Exemptions
Property that does not contain any ESAs as depicted on the City's Environmentally Sensitive
Areas Map (ESA Map).
Grading, filling, cutting, or other earth-moving activity on any lot involving less than 25
cubic yards for residential projects, or 50 cubic yards for nonresidential projects.
2.
3.Lots platted for single-family or duplex dwelling uses prior to February 20, 2002.
The applicant can demonstrate through an ESA field assessment application that the
subject property contains no ESAs, or their location is not as depicted on the ESA Map.
4.
7.4.3 Environmentally Sensitive Areas Criteria Manual
In addition to meeting the requirements expressly established in this section, all ESAs shall comply with
the Environmentally Sensitive Areas Criteria Manual.
7.4.4 ESAs Procedures
A.ESAs Compliance Review
Applicability
ESA compliance review for residential and nonresidential development shall be performed
as part of a final plat application pursuant to Subsection 2.1 1.4: Final Plot, a site plan
application pursuant to Subsection 2.5.1: Site Plan Review, a clearing and grading permit, or
any other applicable permission to commence land-clearing activity.
2.Information Required
Information as required on the applicable checklists shall be provided. Additional
information deemed appropriate and necessary to process the application may also be
required.
3.Criteria for Approval
The requirements of an ESAs review shall be deemed met either upon approval of an
alternate ESA plan or when the applicant demonstrates the following:
The land disturbing activity complies with the requirements of this DDC for
floodplains, riparian buffers, water related habitat, and upland habitat, as well as all
other federal, state, or local laws applicable to the application type;
a
b. The land disturbing activity will not cause damage to ESAs adjacent to the areas to be
disturbed;
c. The land disturbing activity complies with the requirements of Section 7.3: Land-
Disturbing Activities,
d.Protective fencing as specified in the Environmentally Sensitive Areas Criteria Manual
has been established at the perimeter of the ESA. Protective fencing shall clearly mark
and delineate all ESAs to be protected and preserved for the duration of the land
disturbing activities on the property; and
e.A wetland delineation by a trained scientist has been performed if encroachments into
U.S. Army Corp of Engineers' jurisdictional wetlands are proposed, and a Section 404
Nationwide Permit or a Letter of Permission from the U.S. Army Corps of Engineershas been obtained
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1560,031 \$4376.22
Subchapter 7: Development Standards
4.Expiration
The ESA review shall expire when the final plat for residential development approval
expires, or when the site plan approval for a nonresidential development expires.
5.Credit
Any ESA that is preserved may be used towards meeting:
a. Drainage standards in accordance with Section 7.5: Drainage.
B.ESAs Field Assessments
ESA field assessments provide a mechanism for the city to confirm the presence of ESAs and shall
be conducted pursuant to Subsection 2.10.14: Environmental Sensitive Areas (ESAs) FieldAssessments.
C. Alternative ESA Plans
The Alternative ESA Plan provides the option to address the regulations through a flexible
discretionary process using the procedure established in Subsection 2.16.4: Alternative
Environmental[y Sensitive Area (ESA) Plan.
7.4,5 Official Map
A.
B.
Environmentally Sensitive Areas (ESA) Map
The ESAs Map is the official map that identifies areas designated as ESAs.
ESAs Map Amendments
1.The ESAs Map may be updated administratively when an ESA field assessment is conducted
for a property and approved by the Director, pursuant to Section 2.10.14: Environmental
Sensitive Areas (ESAs) Field Assessments.
2.The ESAs map may be updated administratively when the FEMA 1 % Annual Chance FloodZones are revised or amended.
3.Substantial amendments of the ESAs Map shall follow the zoning map amendment
procedure. "Substantial amendment" is defined as a change impacting the whole city,
excepting changes caused by the publication of new flood insurance rate maps (FIRMs) by
FEMA
C. Text Applicability
The text of this section describes and regulates the protected ESAs shown on the City's ESAs Map.
In the case of any discrepancy, the text of this section shall control.
7.4.6 Floodplain Development ESAs
Upon field verification, areas designated as FEMA 1 % Annual Chance Floodplain would be classified
according to the existing conditions as developed or undeveloped floodplains.
A. Developed Floodplain
1.Development within the developed floodplains shall comply with Section 7.5: Drainage.
2.Section 7.4.7: Riparian Buffer and Water-Related Habitat , applies when riparian buffers and
water-related habitats are nested, partially or wholly, inside developed floodplain ESAs.
3.Gas well drilling and production within developed floodplains shall comply with Subchapter6: Gas Wells
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1560.031 \ 84376.22
Subchapter 7: Development Standards
B.Undeveloped Floodplain
1.Permitted Uses and Activities
The following permitted uses and activities are allowed, when in compliance with Section
7.5: DraInage; and Subpart B, Chapter 30, of the Municipal Code of Ordinances:
a.The planting of any new trees or vegetation.
Restoration or enhancement of floodplain$ riparian buffers, water related habitats,
upland habitats, wettands and streams as require'd by federal and state standards.
C.The placement of public or private utility facilities, such as sewer, storm water, water,
electricity, gas, or other utilities, as long as the disturbed area is restored to minimized
erosion and promote the recovery of the ESAs, and when adequately flood-proofed.
Measures to remove or abate nuisances, the removal of invasive plant species, or any
other violation of federal, state, or local law, with the approval of the Department of
Environmental Services.
e.Parking lots, subject to the limitations on fill as specified in paragraph 7.4.6B.3, and
constructed of pervious materials as provided in the Transportation Criteria Manual.
Parks, open space, recreational uses, trails, walkways and bike paths.
g.
h.
Storm water quality controls,
Construction of roadways identified on the Mobility Plan, as long as the disturbed
areas are restored to minimize erosion and promote the recovery of the ESA subject to
the Director of Environmental Services approval.
Routine repair and maintenance of existing structures, roadways, driveways, utilities,
and accessory uses.
Agricultural activity permitted through Nationwide Permit 40 (NWP 40); Agricultural
Activities pursuant Section 404 of the Clean Water Act; or any other federal permits.
Any action taken by federal, state, or local officials in an emergency to mitigate an
existing or potential hazard.
The construction of a private driveway, as long as the disturbed areas are restored to
minimize erosion and to promote the recovery of the ESA, subject to the Director of
Environmental Services approval.
Gas well drilling and production that compties with SuE)chapter 6: Gas Wells,
Fill activities subject to the limitations of paragraph 7.4.6B.3.
m.
n.
0.Culverts and bridges, as long as the disturbed areas are restored to minimize erosion
and to promote the recovery of the ESA, subject to the Director of Environmental
Services approval. Culverts and bridges are exempt from the limitations of paragraph7.4.6B.3
2 Prohibited Uses and Activities
Placement, handling, processing, or storage of hazardous waste.
Hazardous waste and solid waste landfills.b.
Land-disturbing activity not authorized by a U.S. Army Corps of Engineers Section 404
Permit or Letter of Permission.
d Any new structures or additions, including garages and carports, and storage sheds
located within the area mapped as undeveloped floodplain.
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1560.031 \84376.22
Subchapter 7: Development Standards
e.Tree and understory vegetation removal, except as allowed by Subsection 7.5.3J:
Ftoodways and Improvements.
Septic tanks, septic tank drain fields, and other forms of on-site wastewater treatment.
3.Standards for Fill in Undeveloped Floodplains
Filling of any floodplain of a stream that drains more than one square mile is
prohibited unless the fill on any lot is less than 50 cubic yards or 300 cubic feet per
acre, whichever is greater.
b.Up to 15 percent of the floodplain valley storage may be filled if the stream drains
less than one square mile.
C.In addition to meeting the requirement for fill set above, all fill activities in the
undeveloped floodplain shall comply with the Environmental Sensitive Area Criteria
Manual; Section 7.5: Drainage,' and federal law.
7.4.7 Riparian Buffer and Water-Related Habitat ESAs
The following subsection defines permitted and prohibited uses and activities within riparian buffers and
water-related habitats. In areas where multiple types of ESAs overlap, the standards, permissions, and
prohibitions specified for those other types of ESAs, as outlined in this subsection, shall also apply.
A.Permitted Uses and Activities
Placement of private residential yard amenities, including but not limited to: gardens; yards;
trails; and clearings; that would result in disturbing up to 10 percent of the area, but in no
instance shall the protective buffer width be decreased below 25 feet, measured each
direction from the centerline of the existing channel or the outer edge of surface water
bodies. No disturbance is permitted in delineated wetlands.
2.Riparian buffers nested, partially or wholly, inside developed floodplains may be disturbed
up to 10 percent of the riparian buffer area, but in no instance shall the protective bufferwidth be decreased below 25 feet, measured each direction from the centerline of the
existing channel, or from the outer edge of surface water bodies. No disturbance is
permitted in delineated wetlands.
Repair, replacement, or improvement of public utility facilities where the disturbed portion
of the ESA is restored, and vegetation listed as invasive is removed and replaced with
vegetation from the City Native Plant List in the Site Design Criteria Manual.
Additions, alterations, rehabilitation, or replacement of existing structures that do not
increase the existing structural footprint in the riparian buffer or water related habitat. Any
disturbed areas must be restored using native vegetative cover.
3.
4.
5.Stream, wetland, riparian, and upland enhancement or restoration projects.
6.Agricultural activity, including buildings and structures, permitted through Nationwide
Permit 40 (NWP 40), Agricultural Activities pursuant to Section 404 of the Clean Water Act,
or any other federal permits.
7.Routine repair and maintenance of existing structures, roadways, driveways, utility facilities,
accessory uses, and other development.
8 Construction of roadways identified on the City Mobility Plan, as long as the disturbed
areas are restored to minimize erosion and promote the recovery of the ESA, and subject to
the Department of Environmental Services approval.
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Subchapter 7: Development Standards
9.Measures to remove or abate nuisances, or any other violation of state statute,
administrative rule, or the Municipal Code of Ordinances.
Any action taken by the city in an emergency to mitigate an existing or potential hazard.
Gas well drilling and production within riparian buffers and water-related habitats shall
comply with Subchapter 6: Gas Wells.
Placement of trails as long as the disturbed portion of the ESA is restored to minimize
erosion and to promote the recovery of the ESA, vegetation listed as invasive is removed
and replaced with vegetation from the City Native Plant List, and subject to the Department
of Environmental Services approval. In no instance shall the protective buffer width be
decreased below 25 feet, measured each direction from the centerline of the existing
channel or the outer edge of surface water bodies. No disturbance is permitted in
delineated wetlands.
Culverts and bridges, as long as the disturbed areas are restored to minimize erosion and
to promote the recovery of the ESA, vegetation listed as invasive is removed and replaced
with vegetation from the City Native Plant List, and subject to the Department of
Environmental Services approval. Culverts and bridges are exempt from the limitations of
paragraph 7.4.6B.3.
B.Prohibited Uses and Activities
The following uses and activities are not allowed in riparian buffers and water related habitats:
Land-disturbing activity not authorized by a U.S. Army Corps of Engineers, Section 404
Permit Letter of Permission;
2.Tree and understory vegetation removal, except as allowed by Subsection 7.5.3J: Floodways
and Improvements',
Placement, handling, processing, or storage of hazardous waste;
Any structures, including storage sheds, garages, and carports; and
Septic tanks, septic tank drain fields, and other forms of on-site wastewater treatment.
3.
4.
5.
7.4.8 Cross Timbers Upland Habitat ESAs
The following subsection defines permitted and prohibited uses and activities within upland habitat areas.
In areas where multiple types of ESAs overlap, the standards, permissions, and prohibitions specified for
those other types of ESAs, as outlined in this subsection, shall also apply.
A.Permitted Uses and Activities
Preservation of Cross Timbers upland habitats must result in contiguous forested areas that
shall remain predominantly in their natural state. Preservation of upland habitats
contiguous to forested areas on adjacent properties is strongly encouraged. Trees
removed shall be considered part of the development impact area of a site and will be
subject to tree preservation and landscape requirements.
2.Development shall be designed to retain a percentage of the area defined as upland
habitat as set forth under Section 7.4.8.C, which shall remain predominantly in its natural
state. Preservation of upland habitat contiguous to forested areas on adjacent properties or
parcels is strongly encouraged. Trees removed shall be considered part of the development
impact area of a site and will be subject to tree preservation and landscape requirements.
3.Selective pruning conducted by or under the supervision of an International Society of
Arboriculture (ISA) certified arborist is allowed to remove up to one-quarter of the
Page 257
1560.031 \$4376.22
Subchapter 7: Development Standards
preserved canopy area for the purposes of tree health, subject to the approval of the
Environmental Services Department.
4.Enhancement or restoration projects, as approved by the Department of Environmental
Services. Trees planted as part of an approved enhancement or restoration project may be
credited against required replacement in Section 7.7: Landscaping, Screening, Buffering, andFences
5.Parks, open space, and passive recreational uses, that include trails, walkways, and bike
paths. All trails, walkways and bike paths within a Cross Timbers upland habitat shall be in
a natural state and pervious.
B.
C.
Prohibited Uses and Activities
Septic tanks, septic tank drain fields, and other forms of on-site wastewater treatment are
prohibited in areas set aside for required preservation.
Cross Timbers Upland Habitat Area to be Retained
1.The following minimum percentage of the areas identified on the Cross Timber ESA
Illustration attached as Exhibit F shall be maintained as Cross Timbers upland habitat:
a.
b.
C.
d.
Area A – 41 percent
Area B – 70 percent
Area C (Pilot Knob) – 74 percent
Area D – 100 percent
7.4.9 Development Clustering
Development clustering is encouraged to minimize impact to the natural environment. Clustering shall be
designed to maintain a contiguous forested area and shall comply with Section 8.3.4, Cluster Subdivisions.
7.4.10 Development Impact Area
A.
B.
If an Alternative ESA Plan is approved, any areas of the ESA in which encroachment is permitted
are considered part of the development impact area of a site and are subject to tree preservation
and landscape requirements.
Areas of ESA that are to be left undisturbed will be excluded from the development impact area.
Additionally, areas restored or provided as mitigation as part of an approved Alternative ESA Plan
will be excluded from the development impact area.
Drainage
7.5,1 Purpose
This section establishes standards that regulate drainage on property located within the city, in order to:
A. Protect human life, health, and property;
B. Minimize the expenditure of public monies for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken
at the expense of the public;
Page 258
1560.031 \ 84376.22
Exhibit F
ESA Map
Sdrod sItu duwn en this plul ate
plonnd, but luI nqand. IIlly unI•ltyne eifh918#!dtown +l+$splqn IImb -denlad III oeordann btth ttn'MPCaId bree nnlno dldrldnQrHattorr&
Exhitxxa l•9•ndM BA WInd HabItat
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#CAS1919.F Environmentally Sensitive Area Map
@ Hunter Ranch
Page 447
1560.031 \ 84376,22
Appendix C – Representative Photographs
Photo 1. View to the northwest of WRH-3 (April 6, 2021).
BI
t?,’
L
Hunter Ranch Phase 1 –AESA
Appendix D - Water-Related Habitat Forms
Water Related Habitat ESA
Assessment FormDENTONVersion ;, J. Dailey, October 2012\,’i'rt inn 1
ow„„. Hillwood Communities T„kIt #, ESA21-0003
Add„„ „ L,,,ti,„, Isolated Wetland 3 (WRH-3)
General Land Use
[] Forest
[/] AgkMural Pasture[ ]Resi anti,1
Commercial / Inchrstrial
Recreational
Other
nEDCrop
Isolated Wetland(s)
E]P,e„„t []Not pr,s,.t (g, t, t„tt,mI,.d hard,w,d forest s,,tion)
sol1 map mit name(s): Sanger clay, 3 to 5 percent slopes
Vegetation Brief Survey (dominant species)Scientific names
, Spikerush
Mr nual sumpweed, I Cocklebur
Common names 9/6 cover Indicator status
Eleocharis sp. 20'yov
Xanthium strumarium 5%
OBL
FAC
FAC
4
5
6
7
8
9
10
Hydrology Indicators
(Primary)M InulcbtednS)il Satuated in Upper 12 inches
Water marksHnDrift lines
Sediment Deposits
Evicknce of drainage pattern
nn
(Secondary)
[/]Oxidized Root chamels in W)per 12 inches
[ ]Water stained leaves[ ]Cbwlty &)iI bNey
[/] Fac-NeUral Test
Comments
Hvdric Soil Indicators
[ ]Histosol[ ]Histi, Epip„bn
[] mmM odor
[ ] AcMe Moist,re ReMeV ] Re,lu,ing „nditi,n,
[] aeyed or Low Chroma CoIors
Concret ions
High surface organic content
Organic streaking in sandy soils
Listed on local hydric soil list
Listed on national hydric soils list
aEEEan Other (explain in comments)
Comments:
Bottomland Hardwood Forest
[] Present [/] Not present (go to spring section)
Soil map unit name(s):
Old growth treesO
Scientific--names % cover
Re-growth canoDV treesS;imc names
Comments
11 trees / understorv treesScientific==1
Comments
Understo hrub / vine / forbs /SS
ScientIfic names
Comments
Dead TimbernStandingnFallena[ktrttus/leaf litter
Comments,
Springs
[]Prese.t Not present (go to dep water section)[/]
Soil map unit name(s)
Cover type
Plant cover on existing land
Comments,
Deep Water Habitat (stock tanks, ponds, etc.)
LJPresent L/JNot present
Soil map unit name(s)
Functions
[ ] intercept s,dim,nt
[ ]htercept nutrients
[ ] i„t„c,Pt pesti,ides
E provick fish habitat
evi<knee of wildlife useEEwlique aesthetics
Impairments
[ ]trash d,„„ped / litt„ed livestock has accessn
Vegetation in water and on bank
LJ sutxnersed awlatic vegetation[ ]noathg-leaf
LJ emergent vegetation
[ ] moist soil grasses & fortH
[ ] tree cover (shade)
etation Brief Surv
a ntific names
Comments
Required Attachments : (List attached photographs, maps, and any other documents used to support the conclusion(s))
Comments: (Provide a summary of findings that support the conclusion)
Isolated wetland area appears to be an upland stock pond that has collectedsediment where it only hold shallow water. Two to six inches of water wasobserved in the center of the pooled area.
Conclusions
, , Based upon the site inspection by the City of Denton, the area in qwstion is NOT an ESA and therefore is not subjected to the
I I ESA requirements outlined in the Denton Development Co a. All other appropriate aspects of the Denton Development
Cock, however, still apply. The official city ESA map will tx updated to remove the area from ESA status
In Based won the site inspection by the City of Eknton, the area in qrrstion IS an EU and is subject to the reqinnent set
IV I forth in Section 17 of the Denton Development Co&.
Based upon the site inspection by the City of Denton, insufficient information is available to determine the ESA status
of the area in gestion. A more extensive inspection is reqrired from either the City of Denton or the property Obmera
TIle 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:Lindi Weber
Date :4/6/2021
Approval:E hristi E pton
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Appendix E - Detention Pond Detail Sheet
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Appendix G - Erosion Control Plan
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