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AESA22-0003c
_l)RDINANCE NO. AESA23-0003c AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN ALTERNATIVE ENVIRONMENTALLY SENSITIVE AREA PLAN FOR A SITE GENERALLY LOCATED SOUTH OF U.S. HIGHWAY 380 APPROXIMATELY 1,650 FEET WEST OF THE INTERSECTION OF U.S. HIGHWAY 380 AND N. WESTERN BOULEY ARD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY'S OFFICIAL ENVIRONMENTALLY SENSITIVE AREAS MAP; PROVIDING FOR A PENAL TY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (AESA22-0003C) WHEREAS, the property owner J.R. Marriott, ("Owner"), seeks to develop approximately 33 acres of land depicted on the map in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, in order to develop the Property, the Owner proposes to remove WaterRelated Habitat within the Development Impact Area, described in Exhibit "B" and depicted on the map provided on Exhibit "C" attached hereto and incorporated herein by reference and as defined in the Denton Development Code ("Water-Related Habitat"), from the Property; and WHEREAS, Owner has applied for an Alternative Environmentally Sensitive Area Plan to relocate the ecological functions offered by the Water-Related Habitat impacted by development of the Property to "AESA Property" described in Exhibit "D" and depicted on the map provided as Exhibit "E" both attached hereto and incorporated by reference; and WHEREAS, the purpose of the Alternative ESA Plan, attached hereto as Exhibit "F", and incorporated herein by reference, is to mitigate impact of the development of the Property by removal of the Water-Related Habitat due to development of the Property; and WHEREAS, on August 9, 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 (6-0) of the Alternative ESA Plan on the AESA Property; and WHEREAS, on August 15, 2023, 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 Denton Development Code, and is consistent with the Denton Plan; and WHEREAS, the City Council of the City of Denton, in considering the application for an Alternative ESA Plan for the Property, has determined that the proposed use for the Property and adoption of the Alternative ESA Plan on the AESA Property is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said Alternative ESA Plan is in the public interest and should be granted as set forth herein with respect to the Property; NOW THEREFORE, THE COUNCIL OF THE 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 mitigates the impact of development of the Property and is hereby approved with the following conditions: 1. 2. 3. Land disturbances within Environmentally Sensitive Areas are limited to the Development Impact Area, as described in Exhibit “B” and depicted on the map provided in Exhibit“C” Grading for the Alternative Water-Related Habitat, described in Exhibit “D” and depicted on the map provided in Exhibit “E” will immediately commence upon permission fromthe City to clear and grade for Denton Crossing Phase 3 . Top soil from the existing Water-Related Habitat will be removed, transported and spread on top of the created Alternative Water-Related Habitat within three days of completing grading for the Alternative Water-Related Habitat. All landscaping activity described inExhibit “F” shall commence within three days of completing grading for the AlternativeWater-Related Habitat. Vegetation established as a part of the approved revegetation plan within Exhibit “F” are to be seeded and maintained across a 0.336-acre area by the Property Owner for a period of three (3) years following installation to establish permanent growth. Any plants that are removed, destroyed, or die within that three (3) year period are required to be replaced by the Property Owner to achieve a 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 and Sustainability 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 anykind 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. 6. SECTION 3. The City’s official ESA map is hereby amended to show the change in the ESA from relocation of the AESA Property. SECTION 4. The City Council of the City of Denton approves and accepts the Alternative ESA Plan attached as Exhibit “F” 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 Page 2 of 4 ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. The motion to approve this ordinance wasseconded by 'S,AJ+- U..x Ftc (Delthe following vote d - 6 made by andCIa the ordinance was passed and approved by9 Aye Nay Abstain Absent Mayor Gerard Hudspeth:/ \/ ,/ IZ ,/ 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:-a PASSED AND APPROVED thi, th, IS+L~ d,y ,f a.,by>i _, 2023. GERARD HUDSPETH, MAYOR ATTEST: JESUS SALAZAR, CITY SECRETARY ,\\t r 111111 Page 3 of 4 EXHIBIT A to the "Water Line Easement" BEING a tract of land situated in the J. Haney Survey, Abstract No. 515, City of Denton, Denton County, Texas, and being a portion of a called Tract 36 of Little Brook estates, Unit No. 2, as described in a deed to City of Denton, recorded in Instrument No. 2015-&1570 of the Official Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found for the southwest corner of a called 2.00 acre tract of land described in a deed to Jose Luis Reyes Jr., as recorded in Instrument No. 2018-21314 of the Official Records of Denton County, Texas, common to the northwest corner of a called 8.006 acre tract of land described in a deed to Michael Eilbert and Patricia Ann Eilbert, as recorded in Instrument No. 2021-176531 of the Official Records of Denton County, Texas, same being on the easterly right-of-way line of Masch Branch Lane (variable width rightof-way); THENCE North 00'00'29- West, along the easterly right-of-way line of said Masch Branch Road, the westedy line ofsaid 2.00 acre tract, and along the westerly line of a called Tract 1 of Little Brook Estates, as described in a deed to McKee-Krum Properties, LLC, recorded in Instrument No. 2007-125924 of the Official records of Denton County, Texas, a distance of 550.:M feet to the POINT OF BEGINNING of the herein described easement tract: THENCE North 00'00'29- West, oontinuing along the easterly right-of-way line of Masch Branch Road and along the westerly line of said Tract 36, a distance of 515.95 feet to the northwest corner of said Tract 36, common to the southwest corner of called 2.18 acre tract of land described in a deed to Charles Wurz, as recorded in Instrument No. 2022-99990 of the Official Records of Denton County, Texas; THENCE South 89'51'44" East, departing the easterly rightnf-way line of said Masch Branch Road, along the northerly line of said Tract 36 and along the southerly line of said 2.18 acre tract, a distance of 20.00 feet to a pointfor corner THENCE South 00'00'29" East, departing the northerly line of said Tract 36 and the southerly line of said 2.18 acre tract, and crossing said Tract 36, a distance of 515.95 feet to a point for corner on the southerly line of said Tract 36, same being the northerly line of said Tract 1 ; THENCE North 89'51'45" West, along the southerly line of said Tract 36 and along the northerly line of said Tract 1 , a distance of 20.00 feet to the POINT OF BEGINNING and containing 0.237 of an acre (10,319 square feet) of land,more or less. 20' UTILITY EASEMENT J. HANEY SURVEY, ABSTRACT NO. 515 CITY OF DENTON, DENTON COUNTY, TEXAS REGISTERED PROFESSIONALLANDOR NO. 51816160 WARREN PKVW., SUITE 210FRISCO. TEXAS 75034 PH. 972-33$3580michael ley-horn.coma MICHAEL B. MARX M @3 1 1 :oo AM K\FRISURVEY\06324640GLEGEN®kANCFrDERTDN\DWG\sEPARATE INSTRUMENTW63246400 TRAer36 [BiUE-12_owe a<0 DC=OZ$on=OC/)<= S89'51'44"E 20.OO' CALLED 2.18 ACRESCHARLES WURZ INST. NO. 2022-999900.R.D.C.T.NORTHi !D)uS 10 3 $ 20' UTILITY LOTI. BLOCK AKRUM ESTATE VILLASCAB. X, PG. 482P.R.D.C.T. EASEMENT0.237 ACRE (10,319 SQ. F bsex$ [F1d REPLAT OF LOT 39, BLOCK C ANDLOTS 1 1 AND 12. BLOCK N OFSADDLEBROOK ESTATES, PHASE IICAB. W. PG. 95P.R.D.C.T.12R ' BLOCK N 1 DRAINAGEI EASEMENT TRACT 36. LiTrLE BROOKSESTATES, UNIT NO. 2CITY OF DENTONINST. NO. 2015-84570O.R.D.C.T. 'N89'51'45’W 20.OO' TRACT 1, UTrLE BROOK ESTATESMcKEE-KRUM PROPERTIES, LLCINST. NO. 2007-1259240.R.D.C.T.11R I P.0.B. 6 CALLED 2.000 ACRESJOSE LUIS REYES JR.INST. NO. 2018-21314 0.R.D.C.T. I NO'OO’29’'W r-–550“I t I SADDLEBROOK I: ESTATES, PHASE 4 .I ––CAi.x,'PG:'HI - IP.R.D.C.T. I I I CALLED 8.006 ACRES MICHAEL EILBERT AND PATRICIA ANNINST. NO. 2021-1765310.R.D.C.T 3BLOCK NNOTES EILBERT Bearing system based on the Texas CoordinateSystem of 1983, North Central Zone (4202),North American Datum of 1983. LEGEND CALLED 8.01 ACRESJAMES WILLIAM HOPP INST. NO. 2020-923710.R.D.C.T. P.0.C. = POINT OF COMMENCINGP.0.B. = POINT OF BEGINNINGIRSC = 5/8- IRON ROD W/ -KHA" CAP SETIRFC ; IRON ROD W/CAP FOUNDPKF = PK NAIL FOUNDP.R.D.C.T. = PLAT RECORDS OF DENTONCOUNTY. TEXASD.R.D.C.T. = DEED RECORDS OF DENTONCOUNTY. TEXASO.R.D.C.T. = OFFICIAL RECORDS,DENTON COUNTY. TEXAS atiM-2&MICH/EL MARX ' fREGISTERED PROFESSIONALLAND SURVEYOR NO. 51816160 WARREN PKWY., SUITE 210FRISCO. TEXAS 75034 PH. 972-3353580 michael.marx@kimley-horn.com 20' UTILITY EASEMENT J. HANEY SURVEY, ABSTRACT NO. 515CITY OF DENTON, DENTON COUNTY, TEXAS MICHAEL B. MARX 518 m1"=10a mIamI &T MJCC I KHA I 05/23/2023 £DLmO M063248400 1 20F2 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY-lh%'% :lg:on BY. J 1 o:50:59 -05'oo‘ Page 4 of 4 EXHIBIT A Property Map a UNIVERSITY ENERGY U grab EXHIBIT B DEVELOPMENT IMPACT AREA William Bryan Survey, Abstract No. 148 City of Denton, Denton County, Texas LEGAL DESCRIPTION Being a 32.63 acre tract of land out of the William Bryan Survey, Abstract No. 148, situated in the City of Denton,Denton County. Texas, being a portion of a called 77.94 acre tract of land conveyed to Mar-Properties, Ltd. by deedof record in Document Number 2018-59934 of the Official Records of Denton County, Texas and all of a called 1.4980 acre tract of land conveyed to Mar-Ranch Realty, L.P. bydeed of record in Document Number 2021-69652 of said Official Records. and being more particularly described bymetes and bounds as follows BEGINNING at a 1/2 inch iron rod found in the North line of Lot 1 , Block A of Masch Branch Industrial, a subdivision ofrecord in Document Number 2023-198 of the Plat Records of Denton County, Texas, being the Southeast corner of Lot IR5-1, Block A of Titus Addition, a subdivision of record in Document Number 2021-36 of said Plat Records; THENCE, N00'21'15"E, along the West line of said 77.94 acre tract and the common East line of said Lot IR5-1. a distance of 46.21 feet to a point; THENCE, over and across said 77.94 acre tract. the following seven (7) courses and distances: 1. S89'48'37"E, a distance of 32.99 feet to a point; 2. N46'56'20"E, a distance of 19.95 feet to a point; 3. N04'57'24"E, a distance of 75.31 feet to a point; 4. N28'50'52"E, a distance of 30.32 feet to a point; 5. N44'00'19"E, a distance of 56.84 feet to a point; 6. N00'37'11"E, a distance of 74.53 feet to a point; 7. N87'34'22"W, a distance of 107.64 feet to a point inthe West line of said 77.94 acre tract and common East line of said Lot IR5-1 THENCE, along the West line of said 77.94 acre tract and the common East line of said Lot IR5-1, the following two (2) courses and distances: 1. N00'21'15"E, a distance of 26.50 feet to a point; 2. N00'25'25"E, a distance of 4.01 feet to a point; THENCE. over and across said 77.94 acre tract, the following twenty (20) courses and distances: 1. N89'09'14'’E, a distance of 52.87 feet to a point; 2. N13'51'16'’E, a distance of 67.97 feet to a point; 3. N71'02'18'’E, a distance of 30.46 feet to a point; 4. N16'13'19'W, a distance of 90.99 feet to a point; 5. N01'14'06"E, a distance of 240.02 feet to a point; 6. N06'14'58'W, a distance of 126.63 feet to a point; 7. N00'26'45"E, a distance of 647.56 feet to a point; 8. N00'27'31"E, a distance of 469.43 feet to a point; 9. N03'35'39"E, a distance of 214.51 feet to a point; 10. N14'39'41'W, a distance of 33.98 feet to a point; 11. N34'38'03"E, a distance of 24.10 feet to a point; 12. S89'37'06"E, a distance of 208.26 feet to a point; 13. N01'41'13’W, a distance of 40.06 feet to a point 14. N00'28'08"W, a distance of 242.42 feet to a point; 15. N07'55'01"E, a distance of 102.87 feet to a point; 16. N89'52'27"W. a distance of 34.61 feet to a point; 17. N58'04'44'W, a distance of 68.76 feet to a point; 18. N56'04'18"W, a distance of 47.36 feet to a point; 19. N28'36'44'W, a distance of 40.37 feet to a point; 20. N14'30'34"W, a distance of 10.45 feet to a 5/8 inch iron rod with yellow plastic cap stamped WW WARDRPLS 2014” found in the North line of said 77.94 acre tract, being the Southwest corner of said 1.4980 acre tract; THENCE, N00'14'58'W, along the West line of said 1.4980 acre tract, a distance of 496.61 feet to a point in the South right-of-way line of U.S. Highway 380 (right-of-way widthvaries), being the Northwest corner of said 1.4980 acre tract THENCE, S87'56'59"E, along the South right-of-way line of U.S. Highway 380 and the common North line of said 1.4980acre tract, a distance of 132.15 feet to the Northeast corner ofsaid 1.4980 acre tract; LEGAL DESCRIPTION CONTINUES ON PG. 2 PAGE 1 OF 8 EAGLE SURVEYING, LLC222 S. ELM STREETSUITE: 200DENTON, TX 76201 (940) 222-3009EAGLESURVEYINGTX FIRM # 10194177 1801 .027-22 1 CHM I 08-01 -2023 DEVELOPMENT IMPACT AREA William Bryan Survey, Abstract No. 148 City of Denton, Denton County, Texas LEGAL DESCRIPTION CONTINUED FROM PG. 1 THENCE, S00'11'08"E, leaving the South right-of-way line of U.S. Highway 380, along the East line of said 1.4980 acretract, a distance of 493.82 feet to a 1 inch iron rod found in the North line of said 77.94 acre tract, being the Southeast cornerof said 1.4980 acre tract; THENCE, S89'09'15"E, along the North line of said 77.94 acre tract, a distance of 403.83 feet to a point; THENCE, over and across said 77.94 acre tract, the following one hundred forty-nine (149) courses and distances: 1. S15'52'32"W, a distance of 13.90 feet to a point; 2. S13'38'57"W, a distance of 22.81 feet to a point; 3. S11'13'06'W. a distance of 22.16 feet to a point; 4. S08'27'07"W, a distance of 21.66 feet to a point; 5. S05'27'24'W, a distance of 1 .25 feet to a point; 6. S05'32’43'’W, a distance of 20.01 feet to a point; 7. S02'39'50'W, a distance of 20.99 feet to a point; 8. S00'00'34"E, a distance of 20.95 feet to a point; 9. S02'23'38"E, a distance of 21.07 feet to a point; 10. S04'26'01"E, a distance of 21.40 feet to a point; 11. S06'15'23"E. a distance of 21.81 feet to a point; 12. S07'33'36'’E, a distance of 22.40 feet to a point; 13. S08'38'45"E, a distance of 23.06 feet to a point; 14. S09'21'53’'E, a distance of 23.89 feet to a point; 15. S09'40'35"E, a distance of 24.34 feet to a point; 16. S09'57'16’'E, a distance of 24.59 feet to a point; 17. S09'39'17"E, a distance of 24.38 feet to a point; 18. S09'20'10"E, a distance of 23.92 feet to a point; 19. S08'28'40"E, a distance of 23.11 feet to a point; 20. S07'31'16"E, a distance of 22.01 feet to a point; 21. S05'51'32’'E, a distance of 20.51 feet to a point; 22. S03'39'10"E, a distance of 18.91 feet to a point; 23. S01'02'45"E, a distance of 17.72 feet to a point; 24. S01'38’48"W, a distance of 14.91 feet to a point; 25. S01'44'43"W, a distance of 2.33 feet to a point; 26. S04'22'07"W, a distance of 1 1.54 feet to a point; 27. S03'47'32"W, a distance of 3.86 feet to a point 28. S04'15'09"W, a distance of 1.73 feet to a point; 29. S09'49'30"W, a distance of 0.52 feet to a point; 30. S06'34'15"W, a distance of 17.36 feet to a point; 31. S08'26'56"W, a distance of 18.97 feet to a point; 32. S09'41'42"W, a distance of 20.68 feet to a point; 33. S10'27'55"W, a distance of 22.99 feet to a point; 34. S10'37'10"W, a distance of 25.56 feet to a point; 35. S10'50'29"W, a distance of 27.88 feet to a point; 36. S10'54'42"W. a distance of 29.76 feet to a point; 37. S10'57'34"W, a distance of 31.14 feet to a point; 38. S10'59'39"W, a distance of 32.08 feet to a point; 39. S11'01'49"W, a distance of 32.52 feet to a point; 40. S10'54'30"W, a distance of 32.57 feet to a point; 41. S10'47'40"W, a distance of 32.12 feet to a point; 42. S10'42'41"W, a distance of 31.30 feet to a point; 43. S10'34'22"W, a distance of 30.67 feet to a point; 44. S10'09'09"W, a distance of 30.20 feet to a point; 45. S09'50'02''W, a distance of 29.98 feet to a point; 46. S09'16'29"W, a distance of 23.35 feet to a point; 47. S09'31'28"W, a distance of 6.64 feet to a point; 48. S08'47'26"W, a distance of 30.14 feet to a point; 49. S08'08’49"W, a distance of 30.64 feet to a point; 50. S07'29'39"W, a distance of 31.26 feet to a point; 51. S06'53'54"W, a distance of 32.14 feet to a point; 52. S06'20'07"W, a distance of 33.02 feet to a point; 53. S05'59'49"W, a distance of 33.79 feet to a point; LEGAL DESCRIPTION CONTINUES ON PG. 3 PAGE 2 OF 8 EAGLE SURVEYING. LLC222 S. ELM STREET SUITE: 200EAGHDENTON, TX 76201 (940) 222-3009SURVEYINGTX FIRM # 10194177 1801.027-22 1 CHM I 08-01 -2023 DEVELOPMENT IMPACT AREA William Bryan Survey, Abstract No. 148 City of Denton, Denton County, Texas LEGAL DESCRIPTION CONTINUED FROM PG. 2 54. S05'36'06'W, a distance of 34.49 feet to a point; 55. S05'32'34'W, a distance of 35.28 feet to a point; 56. S05'26'15'W. a distance of 35.89 feet to a point; 57. S05'23'28'W, a distance of 23.62 feet to a point; 58. S05'29'08'W, a distance of 12.82 feet to a point; 59. S05'33'36'W. a distance of 5.04 feet to a point; 60. S83'55'48"E, a distance of 25.54 feet to a point; 61. S68'58'46"E, a distance of 49.19 feet to a point; 62. N07'54'55"E, a distance of 39.78 feet to a point; 63. N03'49'13"W. a distance of 1 1 .64 feet to a point; 64, N46'49'21"E, a distance of 22.56 feet to a point; 65. N41'52'53"E, a distance of 9.25 feet to a point; 66. N28'56'05"E, a distance of 22.30 feet to a point; 67. N10'52'05"E, a distance of 4.88 feet to a point; 68. N11'00'28"W. a distance of 25.94 feet to a point; 69. N33'40'11"E, a distance of 15.69 feet to a point; 70. N56'54'31"E, a distance of 21.02 feet to a point; 71. N26'06'47"E, a distance of 1 3.34 feet to a point; 72. N10'10'37"E, a distance of 12.85 feet to a point; 73. N05'58'27"E, a distance of 26.46 feet to a point; 74. N10'32'16"E, a distance of 1 1.30 feet to a point; 75. N27'28'54"E, a distance of 12.22 feet to a point; 76. N88'25'22"E, a distance of 8.77 feet to a point; 77. S55'19'30''E, a distance of 10.67 feet to a point; 78. S27'20'58"E, a distance of 10.41 feet to a point; 79. S06'41'30'W, a distance of 9.19 feet to a point; 80. S08'58'02'W, a distance of 37.54 feet to a point; 81. S07'27'55'W, a distance of 13.56 feet to a point; 82. S00'16'26"W, a distance of 13.24 feet to a point; 83. S04'48'47'W, a distance of 15.07 feet to a point; 84. S66'08'04"W, a distance of 1 3.62 feet to a point; 85. S48'30'39"W, a distance of 1 3.58 feet to a point; 86. S15'14'38"W. a distance of 1 1 .04 feet to a point; 87. S10'25'24"W, a distance of 9.69 feet to a point; 88. S19'51'43"W, a distance of 12.47 feet to a point; 89. S08'52'44"W, a distance of 12.85 feet to a point; 90. S01'16'26"E, a distance of 13.40 feet to a point; 91. S25'52'02"E, a distance of 1 1 .80 feet to a point; 92. S40'04'17"E, a distance of 1 0.68 feet to a point; 93. S48'27'37"E, a distance of 1 3.75 feet to a point; 94. S36'14'00"E, a distance of 8.37 feet to a point; 95. S23'02'25’'W, a distance of 13.83 feet to a point; 96. S09'30'13"E, a distance of 7.92 feet to a point; 97. S35'28'13"E, a distance of 27.23 feet to a point; 98. S13'46'00"W, a distance of 10.50 feet to a point; 99. S50'36'08"W, a distance of 13.19 feet to a point; 100. S42'18'57"W, a distance of 15.63 feet to a point; 101. S70'57’07"W, a distance of 12.97 feet to a point; 102. N77'10'17"W, a distance of 17.14 feet to a point; 103. N70'38'12"W. a distance of 17.21 feet to a point; 104. N44'35'55"W, a distance of 17.75 feet to a point; 105. N52'51'57''W, a distance of 11.92 feet to a point; 106. N58'15'47"W, a distance of 22.68 feet to a point; 107. N29'54'19"W, a distance of 7.76 feet to a point; 108. S87'03'01"W, a distance of 2.12 feet to a point; 109. N87'34'23"W, a distance of 32.69 feet to a point; 110. N83'37'21"W, a distance of 23.63 feet to a point; 111. S05'48'00"W, a distance of 34.23 feet to a point; 112. S05'50'46’'W, a distance of 37.69 feet to a point; 113. S05'44'26''W, a distance of 9.95 feet to a point; LEGAL DESCRIPTION CONTINUES ON PG. 4 PAGE 3 OF 8 EAGLE SURVEYING. LLC 222 S. ELM STREET SUITE: 200DENTON. TX 76201 (940) 222-3009EAGLESURVEYINGTX FIRM # 10194177 JOB FHirEfR R 1801.027-22 CHR/1 08-01 -2023 DEVELOPMENT IMPACT AREA William Bryan Survey, Abstract No. 148 City of Denton, Denton County, Texas LEGAL DESCRIPTION CONTINUED FROM PG. 3 114. S05'46'37"W, a distance of 27.75 feet to a point; 115. S05'31'17"W, a distance of 9.40 feet to a point; 116. S05'31'12"W, a distance of 21.67 feet to a point; 117. S08'37'15"W, a distance of 41.27 feet to a point; 118. S05'44'48'’W, a distance of 37.94 feet to a point; 119. S03'27'45"W, a distance of 40.57 feet to a point; 120. S01'17'15"W, a distance of 51.88 feet to a point; 121. S00'23'50"W, a distance of 72.25 feet to a point; 122. S02'28'14"E, a distance of 51.53 feet to a point; 123. S01'26'02’'E, a distance of 39.96 feet to a point; 124. S00'22'45"W, a distance of 14.48 feet to a point; 125. S06'42'52’'E. a distance of 17.74 feet to a point; 126. S00'28'03"E, a distance of 20.67 feet to a point; 127. S00'05'31"E, a distance of 9.44 feet to a point; 128. S00'07'46"W, a distance of 13.96 feet to a point; 129. S00'27'10"W, a distance of 22.63 feet to a point; 130. S00'30'02"W, a distance of 21.78 feet to a point; 131. S00'17'21"W, a distance of 20.57 feet to a point; 132. S00'15'17"E, a distance of 19.24 feet to a point; 133. S01'03'25"E, a distance of 17.60 feet to a point; 134. S02'45'48"E, a distance of 43.48 feet to a point; 135. S17'21'07"E, a distance of 34.83 feet to a point; 136. S30'14'33"E, a distance of 51.65 feet to a point; 137. S22'17'12’'E, a distance of 29.93 feet to a point; 138. S13'09'00"E, a distance of 137.33 feet to a point; 139. S15'01'51"E, a distance of 66.19 feet to a point; 140. S13'16'30"E, a dIstance of 1 18.77 feet to a point; 141. S14'11'41"E, a distance of 52.68 feet to a point; 142. S86'18'55"W, a distance of 187.73 feet to a point; 143. S79'29'42'W, a distance of 22.40 feet to a point; 144. S80'48'30"W. a distance of 88.45 feet to a point; 145. S70'16'37"W, a distance of 81.42 feet to a point; 146. S71'03’51"W. a distance of 51.23 feet to the beginning of a non-tangent cuive to the left; 147. Along said non-tangent curve to the left, having a radius of 686.11 feet. a chord bearing of S81'03'53"W, a chord length of 135.89 feet, a delta angle of 1 1'21'59", an arclength of 136. 11 feet to the end of said curve; 148. S28'58'23"W, a distance of 39.08 feet to the beginning of a non-tangent curve to the right; 149. Along said non-tangent curve to the right, having a radius of 86.74 feet, a chord bearing of S40'49'01'W, a chord length of 91 .30 feet, a delta angle of 63'30'38",an arc length of 96.15 feet to a point in the North line of said Masch Branch Industrial; THENCE, N88'39'43'W, along the North line of said Masch Branch Industrial, a distance of 67.54 feet to the POINT OF BEGINNING, containIng an area of 32.63 acres (1,421.285square feet) of land, more or less. Bearings are based on GPS observations utilizing the AlITerra FRTK Network, North American Datum of 1983 (AdjustmentRealization 201 1 ). PAGE 4 OF 8 EAGLE SURVEYING, LLC222 S. ELM STREETSUITE: 200DENTON, TX 76201 (940) 222-3009EAGHSURVEYINGTX FIRM # 10194177 1801 .027-22 CHM 08-01 -2023 EXHIBIT C DEVELOPMENT IMPACT AREA William Bryan Survey, Abstract No. 148 City of Denton, Denton County, Texas MATCH LINE PG. 6===n•Hll• MATCH LINE PG. 5LOT IR2BLOCK ATITUS ADDITION DOC. NO. 2017-141P.R.D.C.T. b I L1 53 L1 54L1 55L1 56L1 57L1 58L1 59L1 60L161 L1 62L1 63L1 64L1 65 L1 66 LOT 1BLOCK ADENTON EXETERADDITION NO. 2DOC. NO. 2021437P.R.D.C.T. 10q=J PORTION OF ACALLED 77.94 ACRESMAR-PROPERTIES, LTDDOC. NO. 2018-599340.R.D.C.T. CALLED 4.547 ACRES SOUTH ALAMO LAND & MINERAL, L.P.DOC. NO. 2021-107860.R.D.C.T L1 67 L1 68 L1 69 L170 L171 LO I LOT IR5-1 BLOCK ATITUS ADDITIONDOC. NO. 2021-36P.R.D.C.T. DEVELOPMENT IMPACT AREA 32.63 ACRES (1.421,285 SQ. FT.) ISPLA!IS-JcD a\1L11 / SLIO L9 L8 N-1 4)'\/VJ Ta-inn LOT 1BLOCK ADENTON EXETERADDITION NO. 2DOC. NO. 2021437P.R.D.C.T, Cl IstL1 82mI LOT 1BLOCK A MASCH BRANCH INDUSTRIALDOC. NO. 2023-198P.R.D.C.T. m/ NOTE: Bearings are based on GPS observations utilizing the AlITerra RTKNetwork, North American Datum of 1 983 (Adjustment Realization 2011) PAGE 5 OF 8 EAGLE SURVEYING, LLC222 S. ELM STREET LEGEND SUITE: 200 IRFCIRFPOBDOC. NOCABPG0.R.D.C.T IRON ROD FOUNDCAPPED IRON ROD FOUNDPOINT OF BEGINNINGDOCUMENT NUMBERCABINET OFFICIAL RECORDS DENTON COUNTY, TEXASPLAT RECORDSDENTON COUNTY, TEXAS EACH DENTON. TX 76201 (940) 222-3009SURVEYINGTX FIRM # 10194177 R0 1 " = 200'P.R.D.C.T 1801.027-22 1 CHM I 08-01 -2023 00 00 DEVELOPMENT IMPACT AREA William Bryan Survey, Abstract No. 148 City of Denton, Denton County, Texas MATCH LINE PG. 7 MATCH LINE PG. 6LOT 2BLOCK AAIRPORTINDUSTRIAL PARKPHASE 1 CAB. V. PG. 622P.R.D.C.T. srall-1 PORTION OF ACALLED 77.94 ACRES MAR-PROPERTIES. LTDDOC. NO. 2018-599340.R.D.C.T L22 a)al-J 1b DEVELOPMENTIMPACT AREA LOT 2 BLOCK ADENTON EXETERADDITION NO. 2DOC. NO. 2021437P.R.D.C.T a)PJ 32.63 ACRES(1 ,421,285 SQ. FT.) LOT 1 ABLOCK AHEMPHILL YORLUM ADDITIONDOC. NO. 2020-331 P.R.D.C. T. 00 I w \ LEg $XA :Y Fia LOT 2ABLOCK AHEMPHILL YORLUM ADDITION DOC. NO. 2020-331P.R.D.C.T. LOT 1 BLOCK ADENTON EXETERADDITION NO. 2 DOC. NO. 2021-437P.R.D.C. TL151L148 L1 4gL150 MATCH L147 L1 52 LINE PG. 6 LINE PG. 5NOTE: Bearings are based on GPS observations utilizing the AlITerra RTKNetwork, North American Datum of 1983 (Adjustment Realization 201 1). MATCH PAGE 6 OF 8 EAGLE SURVEYING. LLC222 S. ELM STREET SUITE: 200 DENTON, TX 76201 (940) 222-3009EAGmSURVEYINGTX FIRM # 10194177 0 R 1 " = 200' 1801 .027-22 1 CHM I 08-01 -2023 0 100 200 DEVELOPMENT IMPACT AREA William Bryan Survey, Abstract No. 148 City of Denton, Denton County, Texas L32 U.S. HIGHWAY 380 RIGHT-OF-WAY WIDTH VARIES „-It*;**'*'’'CALLED 1.4980 ACRES MAR-RANCH REALTY, L.PDOC. NO. 2021-69652O.R.D.C.T. LOT 1BLOCK ACESSCO ADDITION CAB. M, PG. 282P.R.D.C.T. CALLED 9.385 ACRES RING POWER CORPORATIONDOC. NO. 2023-10510.R.D.C.TCf)--1 Cr)F)J 'DEVELOPMENT IMPACT AREA 32.63 ACRES (1 ,421,285 SQ. FT.) 5/8" CIRF'VNqVqNVLDRPLS 2014" L30 L29 I" IRF L34 LOT 2BLOCK AAIRPORTINDUSTRIAL PARKPHASE 1CAB. V, PG. 622P.R.D.C.T. B3 n3L38L39L40L4 1L42L43 PORTION OF A L37.CALLED 77.94 ACRESMAR-PROPERTIES. LTDDOC. NO. 2018-599340.R.D.C.T. LOT 2BLOCK A DENTON EXETERADDITION NO. 2 DOC. NO. 2021437P.R.D.C.T,MATCH LINE PG, 7 MATCH LINE PG. 6 L45 NOTE: Bearings are based on GPS observations utilizing the AlITerra RTK Network. North American Datum of 1983 (Adjustment Realization 201 1) PAGE 7 OF 8 EAGLE SURVEYING, LLC222 S. ELM STREET LEGEND SUITE: 200 IRFCIRFPaBDOC. NOCABPG0.R.D.C.T IRON ROD FOUNDCAPPED IRON ROD FOUND POINT OF BEGINNINGDOCUMENT NUMBERCABINETPAGEOFFICIAL RECORDS DENTON COUNTY, TEXASPLAT RECORDSDENTON COUNTY. TEXAS EAGLE DENTON, TX 76201 (940) 222-3009SURVEYINGTX FIRM # 10194177 0 R 1 " = 200' 0 1 00 200 P.R,D,C.T 1801.027-22 1 CHM 08-01 -2023 DEVELOPMENT IMPACT AREA William Bryan Survey, Abstract No. 148 City of Denton, Denton County, Texas GH18'3Eg 9.931n5noig,’4I 81 9 ( m7 [! i Ano Efr% T1 ).06[:i:! T681 1 1B i C13.40 MI L127 1 n7T373WI L130 35 N m5S a67 DLm3 A Eli!=7T31'1 .0'1 ll go I Tnl I[TfMI a4 T4MMMs a BI L155 M T4I L157 1 IE 79[LUHS 14.41 442mS OO'05'31" E07 F3021.78m1mTvtHUS3aI L168 1 s 43.48't Sg b 31 1 I ()M E 13 1 5}E B 9 1BUs77 mo1 4 1 5 @TiE;377 I L70 1 m1S1:BromI m1noi-li 31.30WnoM:ToVFtiflrg7rL8SPERV FL8H3 m61C) ( )F–m:TimlmM'2 ToI L87 1 1 4 73Ta4V[::B V I L98 1 I 2:IT 7 F4T73I LI04 1 21,0 ;3 3 0 S 89'09’15" E[ 5 1:1) 5 1 51 1 Mg403.83mg aIn502L42 L44 5m4 9S 09“57'16" EEmom () I ISM'40" ET6 1 1 Ef5 SO 1 4 81 1 1M50SCTI L63 1 09'49'30" F1 m3737424 m4 m32.01 mo a93 11 37T5 m1 m111 71 T1n1 71 n1117T a1To 7 mMS OO'16'2S 04'48'47 1 ToTB: m19.69'r7 mA ml B686.1 m1 ; 3 1 1T8 135.8mo73IPAGE 8 OF 8 EAGLE SURVEYING, LLC222 S. ELM STREET SUITE: 200DENTON, TX 76201 (940) 222-3009EAGLESURVEYINGTX FIRM # 10194177 R mA0 1801.027-22 1 CHM I 08-01 -2023 EXHIBIT D MITIGATION AREA William Bryan Survey, Abstract No. 148 City of Denton, Denton County, Texas LEGAL DESCRIPTION 9. S 10'25'24" W, a distance of 9.69 feet to a point; Being a 0.34 acre tract of land situated in the VMlliam Bryan SUIvey, Abstract Number 148 in Denton County, Texas and being a part of IO' S 19'51'43" W' a distance of 1 2-47 feet to a point;a called 77.94 acre tract of land described in the deed to Mar-Properties, Ltd., recorded in Document Number 2018-59934 of 1 1. S 08'52'44" W, a distance of 12.85 feet to a point; the Official Records of Denton County, Texas and being more particularly described by metes and bounds as follows: 12. S 01'16'26" E. a distance of 13.40 feet to a point; COMMENCING at a 1/2” iron rod with green plastic cap stamped"EAGLE SURVEYING” set at the Northeast corner of said 77.94 1 3. S 25'’52'02" E, a distance of 1 1'80 feet to a point; acre tract and the common Northwest corner of Lot 2, Block A of Denton Exeter Addition No. 2 from which a capped 1/2" iron rod 14. S 40'04'17" E, a distance of 1 0.68 feet to a point; stamped “R.P.L.S. 5686” found at the Northeast corner of said Lot 2 bears South 89'09'15" East, a distance of 827.37 feet; 15. s 48'27'37" E1 a distance of 1 3.75 feet to a point; THENCE, S 00'31'47" W, along the East line of said 77.94 acre tract, being the common West line of said Denton Exeter Addition 16. S 36'’14'OO" E, a distance of 8.37 feet to a point; No. 2 a distance of 1 123.13 feet to a point; THENCE. N 89'28'13” W. over and across said 77.94 acre tract a 17' S 23'C)2'25" W' a distance of 13'83 feet to a polnt; distance of 237.39 feet to the POINT OF BEGINNING; THENCE in a Southerly direction over and across said 77.94 acre 18' S 09 30'13" E’ a distance of 7'92 feet to a point; tract with the East line of the herein described tract, the following nineteen (19) courses and distances: - 19. S 35'28'13" E, a distance of 27.23 feet to a point; 1. S 06a41-30H W, a distance of 9.19 feet to a point; THENCE in a Westerly direction over and across said 77.94 acretract with the South line of the herein described tract, the following 2. S 08'58'02„ W, a distance of 37.54 feet to a point; ten (10) courses and dlstances 3. S 07'27'55„ W, a distance of 1 3.56 feet to a point; I - S 13 46'OO" W’ a distance of 1 O'50 feet to a point; 4. S 00'16'26„ W, a distance of 13.24 feet to a point; 2- S 50 36 08 W’ a dlstance af 1 3'19 feet to a polnt; 5. S 04'48'47„ W, a distance of 1 5.07 feet to a point; 3- S 42 18 57 W’ a dlstance of 1 5'63 feet to a polnt; 6. S 66'08'04„ W, a distance of 1 3.62 feet to a point; 4' S 70 '57'07" W’ a distance of 12'97 feet to a point; 7. S 48'30'39„ W, a distance of 1 3.58 feet to a point; 5' N 77 IO'17" W’ a distance of 1 7'14 feet to a point; 8. S 15'14'38„ W, a distance of 1 1.04 feet to a point; 6' N 70'38'12" W’ a distance of 17'21 feet to a point; 7. N 44'35'55" W, a distance of 1 7.75 feet to a point; PAGE 1 OF 4 EAGLE SURVEYING, LLC222 S. ELM STREET SUITE: 200DENTON. TX 76201 (940) 222-3009 TX FIRM # 10194177 EAGLESURVEYING 0 R 1801.027-21 1 HSB I 08/01 /2023 MITIGATION AREA William Bryan Survey, Abstract No. 148 City of Denton, Denton County, Texas LEGAL DESCRIPTION CONTINUED 10. N 33'40'11" E, a distance of 15.69 feet to a point; 8- ?o?n2;51'57" w’ a distance of 1 1'92 feet to a 1 1. U56'54'31" E, a distan' -- --’ point; 9' :ofn8t:15'47" w’ a distance of 22-68 feet to a 12. y26'06'47" E, a distan'----" point; ce of 21.02 feet to a ce of 1 3.34 feet to a 1 ObInf;9'54'19" w’ a distance of lo-92 feet to a 13. q]o'lo'37" E, a distance of 12.85 feet to a'-- -" point; ;E;acEr:ntrIct:The{hye JUS:::£:7:haenhearcJ:ss saI 14' y 95'58'27" E’ a distanl described tract, the following sixteen (16) courses and point;distances:15. N 10'32'16" E, a distan 1. N 58'19'58„ E. a distance of 15.70 feet to a polnt; point;16. N 27'28'54" E, a distan e of 26.46 feet to a ce of 1 1 .30 feet to a ce of 12.22 feet to a 2. N 39'15'19" E, a distance of 6.92 feet to a point; polnt; 3 • ?art: 5 4 1 5 5 1 1 E I a d i s t a n c e o f 4 2 • 1 4 fe e t t o airil iEEEIIS3:iii:IIwellFil : vi :tt: Ir{:e::: : dsa Idistances:4. N 03'49'13" W, a distalce of 1 1 .64 feet to a polnt; 1 . N 88'25'22" E, a distance of 8.77 feet to a point; 5' :o?n6t:49'21" E’ a distance of 22'56 feet to a 2. S ?5'19’30" E, a distance of 10.67 feet to a'-'-'" point; 6. N 41'52'53" E, a distance of 9'25 feet to a point; 3 S 27,20,58„ E a distance of 1 0.41 feet to the POINT OF BEGINNING and containing an area7. N 28'56'05" E, a distance of 22.30 feet to a of 0.34 Acres, or 14,632 square feet of landpoint; 8- N lo'52'05" E’ a distance of 4'88 feet to a point; REiIFrfRa;( Na:t=aT NorthoA reT:::n:asrP:Phi3 (Adjustment Realization 2011 )9. N 11'00'28" W, a distance of 25.94 feet to a point; PAGE 2 OF 4 EAGLE SURVEYING, LLC222 S. ELM STREETSUITE: 200EAG 180 1 .027-21 1 HSB I 08/01 /2023 DENTON, TX 76201IESURVEYING TX FIRM # 10194177 (940) 222-3009 0 R EXHIBIT E MITIGATION AREA William Bryan Survey, Abstract No. 148 City of Denton, Denton County, Texas CALLED1.4980 ACRESMAR-RANCHREALTY, L.POC. NO. 2021-696520.R.D.C. T.1IRF CALLED 9.385 ACRES RING POWER CORPORATIONDOC. NO. 2023-10510.R.D.C.T. 5/8" CIRF'VMIWINRDRPLS 2014" S 89'09'15" E 827.37' rPOlc 1/2" CIRF"RPLS5686"LOT 1BLOCK A CESSCO ADDITIONCAB. M. PG. 282P.R.D.C.T, 1/2" CIRS PORTION OF ACALLED 77.94 ACRES MAR-PROPERTIES, LTDDOC. NO. 2018-599340.R.D.C.T. LOT 2 BLOCK ADENTON EXETERADDITION NO. 2DOC. NO. 2021437P.R.D.C.T. &) aS(\1 BRle Cr)b0 CD .7 mP48 N 89'28'13'’ W237.39’L2L3'L4 MITIGATION AREA 0.34 ACRES, 14,632 SQ. FT LOT 1BLOCK ADENTON EXETER ADDITION NO. 2DOC. NO. 2021437P.R.D.C.T NOTE: Bearings are based on GPSobservations utilizing the AlITerra RTK Network; North American Datum of 1983 (Adjustment Realization 2011). PAGE 3 OF 4 EAGLE SURVEYING, LLC222 S. ELM STREET LEGEND IRFCIRFCIRS IRON ROD FOUNDCAPPED IRON ROD FOUNDCAPPED IRON ROD STAMPED"EAGLE SURVEYING" SETPOINT OF BEGINNINGPOINT OF COMMENCEMENT OFFICIAL RECORDS,DENTON COUNTY. TEXASPLAT RECORDSDENTON COUNTY, TEXASDOCUMENT NUMBERBOUNDARY MONUMENTATION EACH DENTON, TX 76201 (940) 222-3009 SUITE: 200 SURVEYING TX FIRM # 10194177 P.R.D.C.T1 " = 200'A DOC. NO100 20000 1801 .027-21 DRAWN BY HSB mA 08/01 /2023 LINE TABLE LIN mS 06'41'30" W S 08'58'02" WS 07'27'55" W S OO'16'26" VVS 04'48'47" W S 66'08'04" W 13.62'n7 13.58' iR8 11 .04TiBZEZEaRI9.69'nL30 RTTm 12.47’aDMFm 12.85'Rs 13.40'Rs 11.80'Ms IO.68' 13.75'ITtri 8.37'msnl 3-samTL s–c9-samnl aS 13'46'OO" WFs[DrS 70'57'07" VVN 77'10'17" W[LaIN–7II 17.75' IHL 11.92' N1 22.68'FairE–IO.92' NS{:\15.70'[L3T1 M5m 6.92'Ba:N 42.14'N 03'49'13" VV 11 .64' FERN 22.56'A 4.88'L37 1 N lo'52'05" E 25.94TL mTI 15.69’ml nd:n FL 21.02'ml m 13.34 12.85'ml msnRN 26.46'Th 11 .30'RN 12.22’aN 8.77'as 10.67’mT:10,41NOTE: Bearings are based on GPS observations utilizing the AlITerra RTKNetwork; North American Datum of 1983 (Adjustment Realization 201 1). PAGE 4 OF 4 EAGLE SURVEYING, LLC222 S. ELM STREET SUITE: 200 DENTON, TX 76201(940) 222-3009EACHSURVEYINGTX FIRM # 10194177 R 1 " = 200 100 20001801.027-21 1 HSB 08/01 /2023 EXHIBIT F ALTERNATIVE ENVIRONMENTALLY SENSITIVE AREA REPORT (AESA#22-0003) Mar-Properties, LTD - Western Boulevard & US 380 Project Site May 2023 For compliance with: City of Denton Alternative Environmentally Sensitive ESA Plan (AESA22-0003) Prepared by: Integrated Environmental Solutions, LLC 301 W. Eldorado Parkway, Ste. 101 McKinney, Texas 75069 Prepared for: Mar-Properties, LTD 2281 North Masch Branch Road, Ste. 400 Denton, Texas, 76207 Mar-Properties, LTD Western Blvd & US 380 - AESA Report 30 May 2023 Page 1 TABLE OF CONTENTS Introduction and Authority/ Purpose and Need for Action...........................................................................................1 Description of Overall Development ........................................................................................................................1 Existing Site Description............................................................................................................................................1 Purpose of AESA........................................................................................................................................................2 Notification and Review ................................................................................................................................................2 Affected Environment and Summary of Impacts ..........................................................................................................2 Mitigation Activities.......................................................................................................................................................3 Proposed Mitigation Areas .......................................................................................................................................3 Compliance with Authorities ....................................................................................................................................4 Annual Reporting ......................................................................................................................................................5 Criteria for Approval .................................................................................................................................................5 Summary........................................................................................................................................................................6 Annual Reporting Contacts............................................................................................................................................6 APPENDICES Appendix A - Figures Figure 1 – General Location Map Figure 2 – City of Denton Mapped ESAs Figure 3 – ESA Field Assessment Recommendation Figures 4 – Proposed ESA Impacts and Mitigation Areas Figure 5 - Proposed ESA Impacts, Mitigation Areas, and Site Plan Figure 6 – Proposed Mitigation Areas and Tree Locations Figure 7 – Development Impact Area Appendix B - ESA Assessment Forms Mar-Properties, LTD Western Blvd & US 380 -AESA Report 30 May 2023 Page 1 INTRODUCTION AND AUTHORITY/ PURPOSE AND NEED FOR ACTION Integrated Environmental Solutions, LLC (IES) was retained by Mar-Properties, LTD to provide environmental services associated with the Western Boulevard and U.S. Highway (US) 380 project site. This AlternativeEnvironmentally 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 ESA. This AESA Report proposes mitigation measures for two impact areas required to construct associated parking and infrastructure for the proposed light industrial development. DESCRIPTION OF OVERALL DEVELOPMENT The proposed Mar-Properties project site is approximately 63 acres located west of the southwestern corner of Western Boulevard and US 380 in the City of Denton, Denton County, Texas (Appendix A - Figure 1). The proposed development will consist of an industrial building, administration building, required parking, interiorfire lanes, and all necessary utilities, including stormwater management. The development impact area is approximately 33 acres. The current zoning for this tract is Light Industrial (LI) which allows for the proposed development. EXISTING SITE DESCRIPTION The project site consists of actively grazed pastureland, dominated by upland grasslands in the western two-thirds, while the eastern portion was a forested floodplain area associated with a drainage channel. Small trees and woody shrubs were scattered along the grassland edge while the forested region to the east was a combination of early successional trees and saplings. IES staff conducted a site visit on 05 October 2021 to confirm ESA mapped by the City of Denton. Prior to the site visit, IES reviewed the previously mapped and assessed ESA as depicted on the Official ESA Map of the City of Denton Online Map Viewer. The ESAs, as depicted on the Online Map Viewer, are shown on Appendix A, Figure 2. ESAs associated with an assessment completed in 2022 were depicted asfollows ESA22-0002: The assessment removed the 100-foot Riparian Buffer ESA to the east as vegetation within the actively grazed corridor was predominantly upland and mesic hardwood species that are not typically observed in bottomland hardwood settings. The Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) 100-year floodplain surrounding intermittent channel was designated as Undeveloped Floodplain ESA. The assessment also identified/ confirmed 17 Isolated Wetland, Water Related Habitat ESA (15 of which are within the AESA boundary) and one Deep Water, Water RelatedHabitat ESA. During the site visit, an intermittent stream, two ponds, and 19 wetlands were identified within the project site. An Undeveloped Floodplain ESA was identified along the intermittent stream and 15 Isolated Wetland, Water Related Habitat and one Deep Water, Water Related Habitat ESA were identified in the eastern region as shown in Appendix A, Figure 3. The developer is in the process of applying for Clean Water Act (CWA) Section 404 Nationwide Permit (NWP) 39 and will take the required steps outlined by the Fort Worth District U.S. Army Corp of Engineers (USACE) to ensure appropriate mitigation is completed. The habitat within the ESA is as follows: Streams An intermittent stream meanders through the project site near the eastern boundary before exiting the site to the south. The intermittent stream was on average 8-feet wide and incised 4 to 6 feet. Overall, the stream was in Fair condition based on the Rapid Stream Assessment Technique (RSAT) performed during the ESA assessment. Undeveloped Floodplain ESA Undeveloped Floodplain ESA was mapped around the intermittent stream channel near the eastern boundary. The Floodplain ESA is associated to FEMA 100-year floodplain Zone AE. The trees species Mar-Properties, LTD Mar-Properties Project Site – AESA Report 30 May 2023 Page 2 within the Undeveloped Floodplain ESA consisted primarily of honey mesquite (Prosopis glandulosa\ honey locust (Gleditsia triacanthos\, Osage-orange (Maclura pom ifera\ , and sugarberry ICeltis laevigata\ . Water Related Habitat ESA – Isolated Wetlands Fifteen wetlands that met the 0.1-acre ESA size requirement or were jurisdictional were identified withinand immediately surrounding the Undeveloped Floodplain ESA. Most wetlands were observed with sum pweed {Iva annual and roughleaf cocklebur (Xanthium strumariu m) as the dominant species or along edges of deeper wetlands. Deeper wetlands were dominated by spreading purslane LLudwigia palustris\ and spikerush IEleocharis palustris) . Soils were observed with redoximorphic features in the matrix and along pore linings with a predominantly clay texture. Wetland hydrology was remnant of the wet season as each wetland was dry at the time of the evaluation. Water Related Habitat ESA – Deep Water An isolated pond in the northeastern region was identified as a stock pond excavated within the Undeveloped Floodplain ESA. The pond was observed with pooled water despite the lack of significant recent rainfall and has the potential to support wildlife and vegetation. PURPOSE OF AESA The report purpose is to propose mitigation for the impacts to the Isolated Wetland, Water Related Habitat ESA because of the multi-use industrial development construction. The proposed project would involve constructing multiple parking lots within the limits of the Isolated Wetland, Water Related Habitat ESA. Grading required for the construction would be limited to the minimum necessary for the industrial building, administration building, parking lots, and associated utilities totaling 0.190 acre within the Isolated Wetland, Water Related Habitat ESA. Appendix A, Figure 4 shows the proposed impacts to the ESA. NOTIFICATION AND REVIEW This AESA Report explains the mitigation measures for impacts to the ESA that will be provided to the City of Denton for formal notification of the activity and review of the proposed restoration activity. AFFECTED ENVIRONMENT AND SUMMARY OF IMPACTS Appendix A, Figure 5 shows the observed ESA and overlayed site plan. The total Isolated Wetland, Water RelatedHabitat covers 1.16 acres, the Deep Water, Water Related Habitat covers 0.073 acre, and the Undeveloped Floodplain ESA covers 16.9 acre within the property boundary. The project is proposing to construct multiple light industrial development parking lots within the on-site Isolated Wetland, Water Related Habitat ESA. All vegetation within the impact area will be permanently removed during the initial construction and the impacted wetlands will be filled. Woody species located in the impacted ESA areas will be accounted for in the site landscaping plans which will address tree preservation and removal. The proposed site plan impacts two shallow, isolated depressional wetlands to the west of the on-site tributary. The proposed impacts from parking lot construction include 0.190 acre (16 percent of total Isolated Wetland Water Related Habitat ESA within AESA boundary) in the Isolated Wetland, Water Related Habitat ESA. The impact areas areshown on Table 1. Table 1.Impact Areas. Area (acre) 0.078 0.112 0.190 Impact # Impact 1 Impact 2Total Mar-Properties, LTD Mar-Properties Project Site – AESA Report 30 May 2023 Page 3 MITIGATION ACTIVITIES The impacts to the Isolated Wetland, Water Related Habitat ESA shown in Appendix A, Figure 5 are limited to the eastern reach of the site plan where impacts are required to construct necessary parking lots for the proposed development. Vegetation will be removed during the initial grading for the development. No additional adverse impacts to the remaining ESA or the stream are expected from the construction. PROPOSED MITIGATION AREAS Prior to the multi-use light industrial development construction, a contractor will be instructed by Mar-Properties, LTD to create a shallow, 0.336-acre depression (12 inches deep) within the Undeveloped Floodplain ESA. The depression will be located between the tributary and the development in the floodplain. Appendix A, Figure 6 illustrates the proposed mitigation area and surrounding tree locations, and Appendix A, Figure 7 illustrates the total development impact area. The slopes within the wetland will be graded to have a minimum of 4:1 slopes. The surface area of the proposed mitigation depression exceeds the surface area of the impacted Isolated Wetland, Water Related Habitat ESA at a ratio of 1.77:1 (0.336 acre mitigated: 0.190 acre impacted) to allow forpotential mortality. The depression has been positioned in a low-lying area that follows the natural gradient, where there is only one inventoried protected tree. The mitigation area was selected based on the proposed land use, the presence of similarly situated wetland features, the location within the existing FEMA 100-year floodplain, and the proximity to the impact areas. The location within the FEMA 100-year floodplain will ensure that the wetland receives hydrology from runoff as well as flooding events and is able to provide sustainable ecologicalfunctions The contractor will remove 6 inches of topsoil and wetland vegetation from each impacted wetland that will be transplanted in the mitigation area during the growing season. Mechanized equipment such as skid loaders or wheeled loaders will be used to remove and transport the seed/rhizome bank. Vegetation will also be excavated from other non-ESA wetlands within the development footprint to provide additional seed/rhizome bank. Utilizing the seed/rhizome bank will provide a diverse natural seed that responds well to the local climate and conditions aswell as providing competition with undesirable species. The seed/rhizome bank will be spread within the mitigation area, providing area in the deepest regions for seasonally fluctuating open water levels and vegetation that is increasingly influenced by the hydroperiod. After the seed/rhizome bank material is spread in thedepression, the mitigation area will be a closed depression that will retain up to 8 inches of water before overflowing. The wetland seed/rhizome bank will be augmented with containerized (i.e., 3 to 5-gallon) buttonbush shrubs LCephalanthus occidentalis) at no less than 230 live stems/acre to provide shading and increase diversity and stratification within the wetland depression. Once the mitigation wetland depression has been excavated and planted, the resulting AESA will provide additional native habitat while also aiding in stormwater management for the development. In addition, all appropriate best management practices (BMPs) will be in place as required by the General Construction Permit and site-specific Stormwater Pollution Prevention Plan, which may include the installation of silt fencing or a rock check dam prior to construction activity discharges to the AESA and ESAs on site. • aHrB a Mar-Properties, LTD Mar-Properties Project Site – AESA Report 30 May 2023 Page 4 Figure 1. The photographs illustrated above depict the shallow depression in the natural topography where the mitigation area will be excavated. While the mitigation area will be planted with containerized shrubs and lined with seed/rhizome bank, due to the dynamic nature of the floodplain ecosystem, full coverage of understory species is not expected, and a 50 to 60 percent coverage rate of shrubs and herbaceous vegetation will be considered successful (Figure 2). Wetland vegetation changes based on the hydroperiod and should be evaluated during the growing season. Data to determine vegetation coverage rates during site visits will be manually collected using appropriate vegetation monitoring and classification techniques, such as total count and point-intercept methods. An initial site visit by IES staff will be performed following the completion of the transplanting and prior to the first annual monitoring event. IES will perform additional site visits as necessary during the first annual monitoring period. i _' /.+ ;a i Figure 2.The photographs illustrated above depict examples of the vegetative coverage of the existing wetlands that will be impacted. While herbaceous coverage varies based on the hydroperiod, the onsite wetlands were generally observed with 50 to 60 percent vegetative cover and bare ground areas that seasonally hold open water in the central region. COMPLIANCE WITH AUTHORITIES The City of Denton is the authority over compliance with this AESA mitigation plan. Once the Mar-Properties LTD multi-use industrial development has been constructed and the AESA mitigation activities have been completed, the City of Denton will be notified that the mitigation activities have been completed. Mar-Properties, LTD Mar-Properties Project Site – AESA Report 30 May 2023 Page 5 ANNUAL REPORTING The applicant will prepare an annual report each year for 3 consecutive years, beginning 12 months following the mitigation activities implementation, for the purposes of describing the cumulative mitigation work that has been performed during the reporting period, and to report on the current survivability and spatial coverage of the wetland vegetation. These annual reports will be submitted to the City for review and comment. The first two annual reports will contain action items that may include, adjusting grading as needed to maintain the closed depression, removing weeds and invasives from within the mitigation area, re-planting shrubs, orremoval of construction debris within the ESA. Upon completion of the 3-year monitoring and reporting period, the City of Denton Environmental Services shall inspect the plantings and determine whether 50 to 60 percent ground coverage of herbaceous and shrub wetland vegetation as well as open water has been established and has a reasonable chance of sustained cover. As wetlands experience vegetation and water level changes based on the hydroperiod and many species are dormant in the winter months, inspection should occur during the growing season. Bare ground regions that seasonally hold open water within the wetlands that show evidence of wetland hydrology such as crayfish burrows, water- stained leaves, algal mats, etc. should be considered successful wetland ground cover. If it is determined that the 50 to 60 percent buttonbush and ground coverage has been met, and there is no evidence of an increase in invasive plant species, the City will issue the final project acceptance. After City inspection, if more than 10 percent of the total mitigation area coverage is found to be diseased or not having a reasonable chance of sustained cover, or invasive plants have established, the applicant shall be notified to reseed, replant, or clear the problematic areas. If necessary, additional seeding and/ or planting would take place in the growing season following the inspection with Drainfield native seed from Native American Seed (http://www.seedsource.com) or wetland seeds from an additional native seed company based on species availability. An additional City inspection will be conducted in the growing season following the additional seeding/ planting measures until 50 to 60 percent ground coverage has been achieved and accepted by the City. If invasives are identified within the AESA, hand dearing will be utilized to remove the invasives prior to reseeding. 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 3-year monitoring period, the City of Denton will be notified prior to making the plan modifications. CRITERIA FOR APPROVAL The following lists the criteria for approval of an AESA Plan and the project aspects that meet each criterion 1.Create, expand, and/ or improve non-impacted areas. The proposed AESA plans to mitigate the impacts to the Isolated Wetland, Water Related Habitat ESA by creating a shallow depression in the undeveloped floodplain and transplanting soil and vegetation from the impacted ESA as well as buttonbush shrubs to increase stratification. Improve encroached habitat and the surrounding environment. The impacted areas will be mitigated by creating a shallow wetland depression within theUndeveloped Floodplain ESA and directly transplanting the seed/ rhizome banks from the impactedareas 2. 3.Create continuity. Portions of the impacted area and the entire proposed AESA are located within a larger mapped Undeveloped Floodplain ESA which extends along the drainage to the east. The impact area is a fraction of the overall ESA on site and will be initially mitigated at a 1.77:1 ratio to account for expected mortality with a minimum area ratio of 1:1 being considered successful according to thecriteria outlined above. 4 Maximize access and utilization Mar-Properties, LTD Mar-Properties Project Site - AESA Report 30 May 2023 Page 6 While the location of the current ESA is not such to allow direct access to the public, the plan layout preserves the existing visibility to the on-site ESA from Jim Christal Road. Create a conservation easement. As portions of the ESA will remain intact and the entire proposed AESA is located within the Undeveloped Floodplain ESA, the ESA designation will remain and therefore be subject to use restrictions set forth in the DDC. The mitigation area will be placed in a drainage easement. High quality development. The AESA has been designed to minimize the impacts to the ESA necessary to meet the design standards and infrastructure necessary for the overall development. The AESA proposes to mitigate the impacts by creating a shallow depression in the undeveloped floodplain and transplanting soil and vegetation from the impacted ESA as well as buttonbush shrubs to increase stratification. As such, the proposed development meets the criteria for approval for an AESA. 5. 6. SUMMARY Two Isolated Wetland, Water Related Habitat ESA totaling 0.190 acre will be impacted during the proposed light industrial development construction. To offset these impacts, the proposed AESA will create a 0.336 acre, shallow depression located within Undeveloped Floodplain ESA. The wetland mitigation area will be planted with the wetland seed/rhizome topsoil from the impacted wetlands and containerized shrubs. The proposed AESA will provide an initial impact to creation ratio of 1.77:1. ANNUAL REPORTING CONTACTS Developer/Owner: Mar-Properties LTD 2281 North Masch Branch Road, Ste. 400 Denton, Texas, 76207 Contact: Glenn HighlandPhone: 214-802-6006 Email: ghighland@mar-properties.com Environmental Scientist: Integrated Environmental Solutions 301 W Eldorado Parkway, Ste. 101 McKinney, TX 75069 Contact: Rudi Reinecke Phone: 972-562-7672 Email: rreinecke@intenvsol.com Engineer: Allison Engineering Group 2415 N. Elm Street Denton, TX 76201 Contact: Lee K. Allison, P.E., FNSPE Phone: 940-380-9453 Email: lee.allison@ae-grp.com Appendix A Figures ,*'S\ \\- \__ : b bing Figure 1. General Location Map SUIvey Area KI um Western Boulevard & US 380 City of DentonDenton County, Texas 1 in = 1,500 ft Feet File Ref. 04.365.003Date: 5/1 9/2023 Area of Detail Scale: 1 inch equals 5 miles + • IL'-._-_1+‘ fbTI “, in Figure 2. OfficialCity of Denton EnvironmentallySensitive Areas (ESAs) n Sunny AreaRIparian Buffers 1 CX), ExIsting ESA Floodplain= Zone AE Date Prepared:Project Name: City Project NumberPrepared By: 19 May 2023Western Blvd. & US 380 AESA 22-0003 Integrated Environmental Solutions301 W Eldorado Pkwy; STE 101McKinney, TX 75069972/562-7672 Mar-Properties, LTD2281 North Masch Branch RoadSuite 400 Denton. Texas 76207214/802-6006 Western Blvd. & US 380 City of Denton Denton County, Texas Developer: 1 in = 420 ft Feet 0 420 File Ref. 04.365.003Date: 5/1 9/2023 + • r//_r/’i dR -1 hanbI : 1 ney+eTOn#+=++'hnrrPrnFrIFM#:i;-fij ItIl+P ttl tIll II ,1 Figure 3. ESA Field AssessmentRecommendation = Survey Area Water Related Habitat - Wetlands = Confirmed =Juer=:rc:ionaF)ss t an o'1 acre an onWater Related Habitat - Pond Date Prepared :Project Name: City Project NumberPrepared By: 19 May 2023Western Blvd. & US 380AESA 22-0003 Integrated Environmental Solutions301 W Eldorado Pkwy; STE 101McKinney, TX 75069972/562-7672Mar-Properties, LTD2281 North Masch Branch RoadSuite 400 Denton. Texas 76207214/802-6006 Western Blvd. & US 380 City of Denton Denton County, Texas =Pond 2, 0.07 acres - Confirmed ESA FloodplainZone AE - Confirmed Riparian Buffer 100. Removed Developer: 1 in = 400 ft Feet File Ref. 04.365.003Date : 5/1 9/2023 B Impact 1 jb Impact 2 Mitigation Area 1 Figure 4.Proposed ESA Impacts and AESA Mitigation Areas B SUIvey Area Direct/ Permanent Impactsa Construction Route Date Prepared: 19 May 2023Project Name: Western Blvd. & US 380 City Project Number: AESA 22-0003Prepared By: Integrated Environmental Solutions301 W Eldorado Pkwy; STE 101McKinney, TX 75069972/562-7672 Mar-Properties, LTD2281 North Masch Branch RoadSuite 400 Denton, Texas 76207214/802-6006 Western Blvd. & US 380 = Mitigation AreaWater Related Habitat ESACity of DentonDenton County, Texas n Wetland - Confirmed Water Related Habitat ESA Developer: = Pond 2 - Confirmed 1 in = 390 ft Feet File Ref. 04.365.003Date: 5/1 9/2023 #Jd ’'! 'L,' Wetland Impact Total :0.190 acre Mitigation Area Total :0.336 acre Mitigation: Impact Ratio1.77: 1 Impact 10.078 acre Impact 20.112 acre it!){}Mitigation Area0.336 acre nIe, + F th Figure 5.Proposed Impacts and Mitigation Site Plan Undeveloped Floodplain ESA n Wetland - Water Related HabItat ESA Vegetation Planting/ Enhancement Area Direct/ Permanent Impacts za Constr„ction Ro.te n MItIgatIon Area Fence PVMT Western Blvd. & US 380 City of Denton Denton County, Texas Grading LimIts DIA 1 in = 390 ft Feet File Ref. 04.365.003Date: 5/22/2023 b bing Figure 6.Proposed Mitigation Area andTree Locations n SUIvey Area I Direct/ Permanent Impactsmconstruction Route in Mitigation Areaa DIA Tree LocationsWater Related Habitat ESA ll•VVetland - Confirmed Western Blvd. & US 380 City of DentonDenton County, Texas 1 in = 70 n Foet 0 70 File Ref. 04.365.003Date: 5/26/2023 + a L fBI+ V 1 , fF3}a ’} Figure 7.Development Impact Area IULI wey Arean DIA W] Construction Route = MItIgatIon Area Vegetation Planting/ Enhancement Area Direct/ Permanent Impacts = Wetland - water Related HabItat ESA Undeveloped Floodplain ESA Site Plan Building Fence PVMT Sidewalk Stormwater Grading Grading Limits Western Blvd. & US 380 City of Denton Denton County, Texas 1 in = 390 ft Feet File Ref. 04,365.003Date: 5/22/2023 Appendix B ESA Assessment Forms Project Number: ESA 22-oo02 Floodplain ESA Assessment FormDENTONEnvironmental Services and Sustainability A Floodplain ESA Assessment Form is to be completed for each feature identified as potentially to exist on the OfFicial ESA Map. Features of substantially similar characteristics and location may be grouped together on one form. More information about Undeveloped FloodpFains and assessing this feature may be found on the City of Denton webpaqe. ; : : : : :: : f)) : d r e s $ o r R5 5 : : =77 :6RJ ::At6 :D: D E N T o NpT x 76207 = 3502 Feature ID ( s ) : Property ID can be found through Denton Central Appraisal District Provide a unique ID for each feature when multiple features are assessed Hydrologic Segment Information: Name: Unnamed tributary of Dry Fork Hickory Creek When available, stream segment name. Width 5' Approximate stream width. Order 2nd Stream order. Assessment Conclusion: Select one of the following. IS an ESA. Based upon this assessment the area is an Undeveloped Floodplain ESA. I recommend the Official ESA Map be updated to confirm the ESA designation in this area. NOT an ESA. Based upon this assessment the floodplain is developed. I recommend the Official ESA Map be updated to remove the ESA designation from this area Assessment Comments: Provide a summary of details found in the field to support the conclusion selected above, The riparian vegetation contained early successional trees associated with upland areas. Based on areview of aerial photography, the northern region of the floodplain is in its natural state and has not beenpreviously modified but the southern section has been channelized. Attachments Provided: R e q u i r e d : ; :: i: a= as: e n: pp h o :1 ::: r: : : tr eT: :s: fn :: : itu: : ff : tPuITO sed map of featureOther: Field Assessor: Name of Field Assessor: Shae Kipp Affiliation of Field Assessor (Organization): Integrated Environmental Solutions Date the assessment was performed: as o,t,b„2021 I certify that the information provided here is an accurate description of the area(s) assessed.Shae Kipp Digitally signed by Shae KippDate: 2022.04.1314:45:56 -05’OO' Environmental Services Representative: I concur with the description of this ESA and conclusion ofthis assessment. Version 5, Jan. 2022 City of Denton Floodplain ESA Assessment Form Page 1 of 2 Section 1. General Information General Land Use: Provide description of land hydrologically inFuencing feature. Select all that apply and provide more details as appropriate. 7 Forest Briefly describe: youngbrest 7 Agricultural: 7 Pasture – Fallow – Crop, crop type: Residential: : Low Intensity : High Intensity Commercial/Industrial 7 Recreational Other: Soil Map Unit Name(s): Provide soil classification types where feature occurs. Ponder loam, 0 to 1 percent slopes Ponder loam, 1 to 3 percent slopes Section 2. Floodplain Conditions Are there modifications (cut/fill) of the floodplain? Describe: Are there structures in the floodplain? Describe: / yes (answer question below) no Road yes (answer question below) no Road Waterway present: / yes (complete the table below and Riparian Buffer ESA form) no Waterway 7 natural – channelized – impounded SinuosiW – meandering – braided 7 straight Section 3. Soil Erosion and Deposition Is there evidence of sheet flow across the floodplain? Active sheet flow erosion is: Is there evidence of concentrated flow? Active concentrated flow erosion is: yes (answer question below) / no – slight – moderate severe / yes (answer question below) no – slight 7 moderate – severe Does the floodplain slope to the waterway or is a natural levee present? 7 toward – natural levee. Complete the table below. Does natural levee create conditions for water-related habitat? : yes (complete Water-Related Habitat form)/ no Section 4. Brief Vegetation Survey List all ttative species covering >10% of the feature area. Common nameScienti-i name Honey locustGleditsia triacanthos Maclura pomifera e Celtis laevigata Version 5, Jan. 2022 City of Denton Floodplain ESA Assessment Form Page 2 of 2 ++ iF I : JL Sr }+gb +f nc re,-+ • d iB . : B Jim ChdSIBJ {R '1; + §' b bing nB Figure 1.General Location Map SUIvey AreaU Q1 Q' Western Boulevard & 380 City of Denton Denton County, Texas 1 in = 1.500 feet Feet Pon dn 0 1.500 File Ref. 04.365.003Date: 4/1 3/2022 Area of Detai1 Scale: 1 inch equals 5 mIles • e B ++ rS-r USGS Denton West 7.5' Quad 1960 revised 1974 Figure 2A.Topographic Setting SUIvey Areaa Western Boulevard & 380 City of DentonDenton County, Texas 1 in = 750 feet Fnnt 0 750 File Ref. 04.365.003Date: 4/1 3/2022 .LA@ AT Pb • Letb’“Q?\ +e 6 L1 B + • eq8 e IBe e JIM '.HRISTAL RP 86 +++USGS Denton West 7.5' Quad 2019 Figure 2B.Topographic Setting SuIvey Areaa Western Boulevard & 380 City of Denton Denton County, Texas 1 in = 750 feet Feet 0 750 File Ref. 04.365.003 4/1 3/2022 La-+ tt ,Lt\ bTn.g Figure 3Soils Map C=SUIvey Area E] Soil map units outside survey area Soil Map Units W 21 - Burleson clay, 0 to 1 percent slopes C1 54 - Lindale clay loam, 1 to 3 percent slopes 65 - Ponder loam, 0 to 1 percent slopes : ' 66 - Ponder loam, 1 to 3 percent slopes 67 - Sanger clay, 1 to 3 percent slopes Western Boulevard & 380 City of DentonDenton County, Texas U-\ bI > IiI ' 1:X, 8 ''T Figure 4,Federal Emergency Management AgencyFlood Insurance Rate Map HSurvey AreaFEMA FIRM Zone Descriptions Zone X - Areas determined to be outside the 0.2% annual chance floodplain Western Boulevard & 380 City of DentonDenton County, Texas n:=; IGA;::?aZeo&:p thasn:F?:scsh?hn£e { pooJ;£r:?tioJr=i'la::n;rajacshFens?than1 square mile; and areas protected by levees from 1 % annual chance flood Feet N1 in = 750 feet I„+'0 165 S4/1 3/2022 Zone A - Special Flood Hazard Areas subject to inundation by the 1% annualchance flood; No base flood elevations determined n c#!;£5lio£eBUooTd EF::intno inundation by the 1% annua n Zone AE - Floodway areas in Zone AE arg'g’Ba ggg$1 I q Figure 5. OfficialCity of Denton EnvironmentallySensitive Areas (ESAs) ISUIvey Area Date Prepared :Project Name:City Project NumberPrepared By: 13 April 2022Westward Blvd, & US 380 ESA 22-0002 Integrated Environmental Solutions 301 W Eldorado Pkwy; STE 101McKinney, TX 75069972/562-7672 Mar-Properties, LTD2281 North Masch Branch Road: Suite 400Denton. Texas 76207 2 1 4/802-6006 Riparian Buffers 100, Existing ESA FloodplainWestern Blvd. & US 380 City of DentonDenton County, Texas Zone AE Developer: 1 in = 525 feet Feet File Ref. 04.365.003Date: 4/1 3/2022 nTT!-F aHIB {{-+f}i QfIh;;}= gt b #B L; Jr uSda: F. , -;=ii q4 Figure 6. ESA Field AssessmentRecommendation ISuwey Area ESA Floodplain 13 April 2022Date Prepared Westward Blvd. & US 380Project NameCity Project Number: ESA 22-0002 Integrated Environmental SolutionsPrepared By:301 W Eldorado Pkwy; STE 101 McKinney, TX 75069972/562-7672 Mar-Properties, LTDDeveloper:2281 North Masch Branch RoadSuite 400 Denton, Texas 76207 2 1 4/802-6006 LI Zone AE - ConfIrmed Western Blvd. & US 380 City of DentonDenton County, Texas Feet1 in = 525 feet 5250 EW :f m1 '!'if#BMW+T' = Oh ;in Floodplain Habitat Floodplain Habitat Floodplain Habitat U FloodDlain Habitat FloodDlain Habitat Floodplain Habitat Floodplain Habitat Project Number: ESA 22-CJO02 Water-Related Habitat Assessment Form DENTON '~"'""“'“~“;;";'“;:"“'''“ A Water-Related Habitat Assessment Form is to be completed for each feature identified as potentially existing on the Official ESA Map. Additionally, any feature identified onsite that potentially has characteristics of a water-relatedhabitat is to be identified, described and documented through this form. Features of substantially similar characteristics and location may be grouped together on one form. More information about water-related habitats and assessing this feature may be found on the City of Denton webpaqe. Property Address or 552 JIM CHRISTAL RD; DENTON, TX 76207-3502 Property ID: R 36657, 96569, 36662 Property ID can be found through Denton Central Appraisal Dfstrict Pond 2Feature ID: Provide a unique ID when multiple features are assessed Type of Water-Related Habitat Select the type. Complete assessment Section 1 and the appropriate section below. – Isolated and Adjacent Wetland(s) (Section 2) – Bottomland Hardwood Forest (Section 3) – Spring(s) (Section 4) 7 Deep Water Habitat (Section 5) Assessment Conclusion: Select one of the following. 7 IS an ESA. Based upon this assessment the area is a Water-Related Habitat. I recommend the Official ESA Map be updated to confirm the ESA designation in this area. NOT an ESA. Based upon this assessment the area is not a Water-Related Habitat. I recommend the Official ESA Map be updated to remove the ESA designation from this area. Assessment Comments: Provide a summary of details found in the fIeld to support the conclusion selected above. Pond 2 was an off-channel stock pond excavated into the floodplain in the northeast portion. Water appeared to be relatively deep despite not being at the maximum watersurface elevation based on the berm's construction. Attachments Provided: R e q u i r e d : : ::i: ar: as: e r: pp h o :1 :ru: r:: : : en: : :s: : : : :itul : ff : IrT as ed map of featureOther: Field Assessor: Name of Field Assessor: Shae Kipp Affiliation of Assessor (Organization): Integrated Environmental Solutions, LLC Date the assessment was performed: 05 October 2021 I certify that the information provided here is an accurate description of the area(s) assessed.Shae Kipp Digitally signed by Shae KippDate: 2022.04.13 14:46:55 -05'OO' Environmental Services Representative: I concur with the description of this ESA and conclusion ofthis assessment. Version 3, Jan. 2022 City of Denton Water-Related Habitat Assessment Form Page 1 of 4 Section 1. General Information General Land Use Provide description of land hydrologically inFuencing feature. Select all that apply and provide more details as appropriate. 7 Forest 7 Agricultural: – Residential: 7 Commercial/Industrial 7 Recreational – Other: Briefly describe: Young forest 7 Pasture – Fallow – Crop, crop type: Low Intensity – High Intensity Soil Map Unit Name(s): Provide soil clossification types where feature occurs. Ponder loam, 0 to 1 percent slopes Section 2. Isolated and Adjacent Wetland(s) Hydrology Indicators Primary inundated soil saturated in upper 12” water marks drift lines sediment deposits evidence of drainage patternComments: Secondary oxidized root channels in upper 12" water-stained leaves : county soil survey – fac-neutral test Hydric Soil Indicators histosol histic epipendonsulfidic odor aquic moisture regime reducing conditions gleyed or low chroma colors Comments: concretions high surface organic content organic streaking in sandy soils listed on local hydric soil list listed on national hydric soil list other: Brief Vegetation Survey: List all vegetative species where feature occurs for species covering >10% of the feature area and provide hydrophytic vegetation indicator of the species. Scientific name Common name % Cover Indicator Hydrophytic Vegetation Indicator: LNumber of plant species that are oat, FACW and FAC to number of plant species that are FACU and UPn Version 3. Jan. 2022 City of Denton Water-Related Habitat Assessment Form Page 2 of 4 Section 3. Bottomland Hardwood Forest List vegetative species covering >10% of the feature area. Bottomland hardwood forests are deciduous forested wetlands and river bottoms with alluvial soil deposition. Periodic to constant wet conditions support certain species of trees such as pecan, Texas hickory, American elm, Chinkapin oak, Chittamwood, Green ashf Black walnut#Indigo bush, Texas persimmon, Shumard oak, sycamore, and Carolina buckthorn, Old growth canopy trees Scientific name Common name Re-growth canopy trees Scientific name Common name % Cover Small trees / understory trees Scientific name Common name % Cover Understory vegetation - shrub / vine / forb / grass Scientific name ! Common name % Cover Forest floor conditions: Select all that apply. – Standing dead timber Fallen dead timber Detritus / leaf litter – fungi Comments: Version 3, Jan. 2022 City of Denton Water-Related Habitat Assessment Form Page 3 of 4 Section 4. Spring(s) List vegetative species covering >10% of the feature area Brief Vegetation Surv Scie rlorrie Common name Comments: Section 5. Deep Water Habitat Deep water habitats are permanently Fooded lands lying below the deep water boundaries of wetlands. The boundary between wetland and deep water habitat in the riverine and lacustrine systems lies at a depth of 2 meters (6.6 feet) below low water; however, if emergent, shrubs or trees grow beyond this depth at any time, their deep water edge is the boundary. Functions intercept sediment 7 intercept nutrients intercept pesticides provide fish habitat evidence of wildlife use unique aesthetics Impairments – trash or litter / evidence of dumping livestock has access Vegetation in water and on bank submerged aquatic vegetation floating-leaf emergent vegetation moist soil grasses and forbs tree cover (shade) Brief Vegetation Survey: List vegetative species covering >10% of the feature area Scientific name Common name Ludwigia palustris Salix nigra Iva annua creeping purslane black willow sumpweed 20 20 20 Comments: Version 3. Jan. 2022 City of Denton Water-Related Habitat Assessment Form Page 4 of 4 tb-at:+. ; hjsnl >1 qI = +1 :+ rhHr jI!I: :iFn I b, !> bing ,e=T:::;{ Figure 1.General Location Map SUIvey AreaM li \\ \ \ Kr urn Western Boulevard & 380 City of DentonDenton County, Texas .W Oil 1 in = 1,500 feet Feet 0 1 ,500 File Ref. 04.365.003Date: 4/1 3/2022 Area of Detail Scale: 1 inch equals 5 miles e e + • + USGS Denton West 7.5' Quad 1960 revised 1974 Figure 2A.Topographic Setting Western Boulevard & 380 City of Denton Denton County, Texas Feet 1 in = 750 feet 0 750 File Ref. Q4.365.003Date: 4/1 3/2022 SUIvey Areaa /.:' i.LAW AT RD 1t & + + + a + 8 e • P • Be IB e JIM ajT!+ RP+ +a ph e e -I i 8+ + \+ USGS Denton West 7.5' Quad 2019 e Figure 2B. Topographic Setting h u N e y 111:= Western Boulevard & 380 City of Denton Denton County, Texas 1 in = 750 feet Feet File Ref. 04.365.003 m 4/1 3/2022 bi :• Figure 3,Soils Map HSurvey Area = Soil map units outside suIvey area Soil Map Units M 21 - Burleson clay, 0 to 1 percent slopes = 54 - Lindale clay loam, 1 to 3 percent slopes ’__. .-F 65 - Ponder loam, 0 to 1 percent slopes ; ----- 66 - Ponder loam, 1 to 3 percent slopes 67 - Sanger clay, 1 to 3 percent slopes Western Boulevard & 380 City of Denton Denton County, Texas Figure 4 Federal EmergencyManagement Agency Flood Insurance Rate Map ISUIvey Area FEMA FIRM Zone Descriptions Zone X - Areas determined to be outside the 0.2% annual chance floodplain Western Boulevard & 380 City of DentonDenton County, Texas Areas of 0.2% annual chance flood: areas of 1 % annual chance Hood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1 % annual chance flood Feet N1 in = 750 feet 0 750 W E 04 S4/1 3/2022 IIn ci::ce -fO J:::nHoa£a LeEun;I?nundation by the 1% annual ecial Flood Hazard Areas subject to inundation by the 1% annual= c:!:£EniodP Base flood elevations determined Zone AE - Floodway areas in Zone AE iI BI q .."'.F/I ar/gatf-//.IX'/&r//s. *.. It@ #f :/. IHifi+! Figure 5. Official City of Denton EnvironmentallySensitive Areas (ESAs) I SUIvey Area Date Prepared:Project Name:City Project NumberPrepared By: 13 April 2022Westward Blvd. & US 380 ESA 22-0002 Integrated Environmental Solutions 301 W Eldorado Pkwy; STE 101McKinney, TX 75069972/562-7672Mar-Properties, LTD2281 North Masch Branch Road Suite 400 Denton, Texas 76207 214/802-6006 Riparian Buffers 100. Existing Western Blvd. & US 380 City of DentonDenton County, Texas ESA Floodplain Zone AE Developer: 1 in = 525 feet Feet File Ref. 04.365.003Date: 4/1 3/2022 A;a fd 4181- :+ = = qi th - Pt / % al{}) SjL:j44 .# Figure 6. ESA Field AssessmentRecommendation 13 April 2022Date PreparedProject Name,Westward Blvd. & US 380City Project Number: ESA 22-0002 Prepared By:Integrated Environmental Solutions301 W Eldorado Pkwy; STE 101 McKinney, TX 75069972/562-7672 Mar-Properties, LTDDeveloper:2281 North Masch Branch RoadSuite 400 Denton, Texas 76207 214/802-6006 Water Related Habitat ll• Pond 2, 0.07 acres - Confirmed Western Blvd. & US 380 City of DentonDenton County, Texas N1 in = 525 feet 0 W E 365 Sma nSUIVey AreaFeatures that meet a definition of awater of the United States Western Blvd. & 380 City of Denton Denton County, Texas Features that do not meet a definitionof a water of the United States Pond 2 Pond 2 Project Number: ESA 22-oo02 Water-Related Habitat Assessment FormDENTOTVEnvironmental Services and Sustainability A Water-Related Habitat Assessment Form is to be completed for each feature identified as potentially existing on the Official ESA Map. Additionally, any feature identified onsite that potentially has characteristics of a water-related habitat is to be identified, described and documented through this form. Features of substantially similar characteristics and location may be grouped together on one form. More information about water-related habitats and assessing this feature may be found on the City of Denton webpaqe. Property Address or 552 JIM CHRISTAL RD; DENTON, TX 76207-3502 Property ID: R 36657. 96569. 36662 Property ID can be found through Denton Central Appraisal District Feature ID:Wetlands 1 , 6, 7. 9, 16, 17 Provide a unique ID when multiple features are assessed Type of Water-Related Habitat Select the type. Complete assessment Section 1 and the appropriate section below. 7 Isolated and Adjacent Wetland(s) (Section 2) – Bottomland Hardwood Forest (Section 3) Spring(s) (Section 4) – Deep Water Habitat (Section 5) Assessment Conclusion: Select one of the following. IS an ESA. Based upon this assessment the area is a Water-Related Habitat. I recommend the Official ESA Map be updated to confirm the ESA designation in this area. NOT an ESA. Based upon this assessment the area is not a Water-Related Habitat. I recommend the Official ESA Map be updated to remove the ESA designation from this area. Assessment Comments: Provide a summary of details found in the fIeld to support the conclusion selected above The identified areas were observed in the fields or forested areas surrounding the tributary. They were identified as shallow depressions that hold water during and shortly after rainfall events. Thewetlands contained four wetland plant species. Given the location of the wetlands. they appeared toreceive hydrology via direct rainfall and sheet flow. Wetlands 1, 6, 7, and 9 were identified as jurisdictional wetlands. Wetlands 16 and 17 were not identified as jurisdictional but are 0.19, and0.11 acre, respectively, and therefore meet the size requirement for a water related habitat ESA. Attachments Provided: R e q u i r e d : : :: iT! a= asit e m: pp h o i1 ::: rpr:: : eT ::5 : 1 : : :iL :vu: ea f :a tTreP o s e d 1map of featureOther: Field Assessor: Name of Field Assessor: Shae Kipp Affiliation of Assessor (Organization): Integrated Environmental Solutions Date the assessment was performed: 05 October 2021 I certify that the information provided here is an accurate description of the area(s) assessed.Shae Kipp Digitally signed by Shae KippDate: 2022.04.13 14:47:18 -05'OO' Environmental Services Representative: I concur with the description of this ESA and conclusion ofthis assessment. Version 3, Jan. 2022 City of Denton Water-Related Habitat Assessment Form Page 1 of 4 Section 1. General Information General Land Use Provide description of land hydrologically influencing feature. Select all that apply and provide more details as appropriate 7 Forest 7 Agricultural: – Residential: 7 Commercial/Industrial 7 Recreational Other: Briefly describe: young forest 7 Pasture – Fallow – Crop, crop type: – Low Intensity – High Intensity Soil Map Unit Name(s): Provide soil classification types where feature occurs. Ponder loam, 1 to 3 percent slopes Ponder loam, 0 to 1 percent slopes Lindale clay loam, 1 to 3 percent slopes Section 2. Isolated and Adjacent Wetland(s) Hydrology Indicators PrImary inundated soil saturated in upper 12" water marks – drift lines sediment deposits evidence of drainage pattern Comments: Secondary oxidized root channels in upper 12” 7 water-stained leaves : county soil suIvey 7 fac-neutral test Hydric Soil Indicatorshistosol histic epipendon sulfidic odor aquic moisture regIme 7 reducing conditions – gleyed or low chroma colors Comments: concretions high surface organic content organic streaking in sandy soils listed on local hydric soil list listed on national hydric soil list other: Brief Vegetation Survey: List all vegetative species where feature occurs for species covering >10% of the feature area and provide hydrophytic vegetation indicator of the species. nameen Common name % Cover Indicator Eleocharis palustris Panicum obtusum Iva annua Ludwigia palustris spikerush vine-mesquite sumpweed marsh seedbox 50 20 10 10 OBL FAC OBL OBL Hydrophytic Vegetation Indicator: 4 : ! INumber of plant species that are CBL, FACW arId FAC to number of plant species that are FACU and UPn Version 3, Jan. 2022 City of Denton Water-Related Habitat Assessment Form Page 2 of 4 Section 3. Bottomland Hardwood Forest List vegetative species covering >10% of the feature area. Bottomland hardwood forests are deciduous forested wetlands and river bottoms with alluvial soil deposition. Periodic to constant wet conditions support certain species of trees such as pecan, Texas hickory, American elm, Chinkapin oak, Chittamwood, Green ash, Black walnut, Indigo bush, Texas persimmon, Shumard oak, sycamore, and Carolina buckthorn. Old growth canopy trees Scientific name Common name O Re-growth canopy trees Scientific name Common name % Cover Small trees / understory trees Scie tC rlarrle Common name Understory vegetation – shrub / vine /forb / grass Scientific name i Common name mo Forest floor conditions: Select all that apply. – Standing dead timber Fallen dead timber – Detritus / leaf litter – fungi Comments: Version 3, Jan. 2022 City of Denton Water-Related Habitat Assessment Form Page 3 of 4 Section 4. Spring(s) List vegetative species covering >10% of the feature area. Brief Vegetation Survey: : Scientific name Common name i % Cove–r–-" - - Comments: Section 5. Deep Water Habitat Deep water habitats are permonently Fooded lands lying below the deep water boundaries of wetlands. The boundary between wetland and deep water habitat in the riverine and lacustrine systems lies at a depth of 2 meters (6,6 feet) below low water; however, if emergent, shrubs or trees grow beyond this depth at any time, their deep water edge is the boundary. Functions intercept sediment intercept nutrients intercept pesticides provide fish habitat : evidence of wildlife use unique aesthetics Impairments – trash or litter / evidence of dumping livestock has access Vegetation in water and on bank submerged aquatic vegetation floating-leaf emergent vegetation moist soil grasses and forbs tree cover (shade) Brief Vegetation Survey: Ust vegetative species covering >10% of the feature area. Scientific name ':: Common name % Cover Comments: Version 3, Jan. 2022 City of Denton Water-Related Habitat Assessment Form Page 4 of 4 !> bing Figure 1.General Location Map SUIvey Areaa It \ A T8 Kr urn Western Boulevard & 380 City of Denton Denton County, Texas jo ++,W Oil St 1 in = 1.500 feet Feet Pon du -@01 ,500 ,J HEFile Ref. 04.365.003 Date: 4/1 3/2022 Area of Detail Scale: 1 inch ,q„,1, 5 mil,, 8 + USGS Denton West 7.5’ Quad 1960 revised 1974 Figure 2A. Topographic Setting Western Boulevard & 380 City of Denton Denton County, Texas Feet 1 in = 750 feet 0 750 File Ref. 04.365.003 m: 4/1 3/2022 SUIvey Areaa LARI AT PD • 8 e B • •ee + Pe e JIM -.HRISTAL RP+ l• ++ USGS Denton West 7.5' Quad 2019 Figure 2B.Topographic Setting SUIvey Areab Western Boulevard & 380 City of DentonDenton County, Texas 1 in = 750 feet Feet 0 750 File Ref. Q4.365.003Date: 4/1 3/2022 q#'L,Srhl'dtdk1 a +T;a +}; Figure 3 Soils Map C=Survey Area [] Soil map units outside survey area Soil Map Units = 21 - Burleson clay, 0 to 1 percent slopes = 54 - Lindale clay loam, 1 to 3 percent slopes = 65 - Ponder loam, 0 to 1 percent slopes = 66 - Ponder loam, 1 to 3 percent slopes , 67 - Sanger clay, 1 to 3 percent slopes Western Boulevard & 380 City of DentonDenton County, Texas Ref. 04.365.003 Date : Tr gT 1= 'T nmBFederal Emergency Management AgencyFlood Insurance Rate Map Hsu wey AreaFEMA FIRM Zone Descriptions=Zone X - Areas determined to be outside the 0.2% annual chance floodplain Western Boulevard & 380 City of DentonDenton County, Texas f:=;£iiAJ:£FaEeO&:;lhasn:fuEl£htiE?In?oooI;oarr:?tiodr:in aZ:n;rajacshFezrthan1 square mile; and areas protected by levees from 1% annual chance flood Zone A - Special Flood Hazard Areas subject to inundation by the 1% annualchance flood; No base flood elevations determined ::– 1 t:::Iq::S.e£:a:eFhooo£F:?ezvaJi:rsei:tEEpnc:Jo inundation by the 1 Q annual Zone AE - Floodway areas in Zone AE Figure 5. OfficialCity of Denton EnvironmentallySensitive Areas (ESAs) SUIvey Area 13 April 2022Date Prepared Westward Blvd. & US 380Project Name:City Project Number: ESA 22-0002 ntegrated Environmental SolutionsPrepared By: 301 W Eldorado Pkwy; STE 101 McKinney, TX 75069972/562-7672 Mar-Properties, LTDDeveloper:2281 North Masch Branch RoadSuite 400Denton. Texas 76207 2 1 4/802-6006 Riparian Buffers 100, Existing Western Blvd. & US 380 ESA Floodplain = Zone AECity of Denton Denton County, Texas Feet N1 in = 525 feet 0 525 W E 0 S4/1 3/2022ma IIv/ F iMk IiI@ WMEdg©Wfhwl WM q6 faati[al14 Md gg &RdWWW mbIBC8];@] Mw'®m!#4@17 M:®g®fM© MbIiwi@@ mETfdl Figure 6. ESA Field AssessmentRecommendation Water Related Habitat - Wetlands SUIvey Date Prepared:Project Name:City Project Number Prepared By: 13 April 2022Westward Blvd. & US 380 ESA 22-0002 Integrated Environmental Solutions 301 W Eldorado Pkwy; STE 101 McKinney, TX 75069972/562-7672 Mar-Properties, LTD2281 North Masch Branch RoadSuite 400 Denton, Texas 76207 2 1 4/802-6006 I Confirmed = N:=: ISldicF=:ban o-1 acre andWestern Blvd. & US 380 City of DentonDenton County, Texas Developer: 1 in = 525 feet Feet File Ref. 04.365.003Date: 4/1 3/2022 1118 9[!! It }#:U: Figure 7AquaticIdentified within the Survey Area HSurvey AreaFeatures that meet a definition of awater of the United States I„+=in = 300 feet Features that do not meet a definitionof a water of the United States t's I &‘ Photograph Locations Map Western Blvd. & 380 Water Related Habitat - Wetlands = Can#rmed City of DentonDenton County, Texas Removed (Less than 0.1 acre and Non-Jurisdictional) Photograph 1 Photograph 2 Photograph 3 Photograph 4 '; + ;}} r ; #:% ; Photograph 7 Photograph 8 U K +,r 14}:'i:{ Photo Photograph 12 Phot : fT:6 f' .T 1+ A F H • e : rr & :t\H ) Photograph 15 Photograph 16 ph 18 ;Uk lh 19Photl bh 20Phot Rhotogr!Photl lh 22 X Photograph 23 Photograph 24 Photo.lph 26 Photogra Photo h 29 Photograph 31 Photograph 32 ={#::'L=3 h 33Photo.Photogra :iFR\ :q 'a Photograph 36 Photc Photograph 39 Photograph 40 I 1 1P h t : a • Ir f: •= F T : iqned :rTf6 } qC I Photograph 42 Phot lh 43 Photograph 44 h 46 y \=A B &_f):*I-F.: jk:\':;.::, ;Ul ia id La bIllII:;;) I , vhe ) Photograph 47 Photograph 48 Photo a IIIF1S Phot lph 52Pho /1 B=={ Photograph 54 m:,di? Photograph 55 Photograph 56 Photograph 58 :+' f hi i=a i}iii:;}}+ i Photo ph 61 qui :B 'I• ' D rBI Photograph 62 i§kYl Photograph 63 Photograph 64 Jl i {;I}{i::: Photograph 65_Photo ’ \ lg \; §i '1 $ i:-:.:';:{&}$ += f++ }:q,i- I'll:'+; Phot Photograph 71 Photograph 72 Photograph 73 Phot Photograph 75 Photog Photograph 77 Photograp Photograph 79 Photograph 80 / UP(,aqP Photo Photograph 84 Photo Photograph 86 Photograph 87 Photograph 88 Photograph 89 Photograph 90 Project Number: ESA 22-oo02Water-Related Habitat Assessment FormDENTON =~“"""-'“~“;;" ;'“;:’"':'"“ A Water-Related Habitat Assessment Form is to be completed for each feature identified as potentially existing on the Official ESA Map. Additionally, any feature identified onsite that potentially has characteristics of a water-related habitat is to be identified, described and documented through this form. Features of substantially similar characteristics and location may be grouped together on one form. More information about water-related habitats and assessing this feature may be found on the City of Denton webpage. Property Address or 552 JIM CHRISTAL RD; DENTON, TX 76207-3502 Property ID: R 36657, 96569, 36662 Property ID can be found through Denton Central Appraisal District Wetlands 2. 3. 4. 5. 10. 11 Feature ID: 13, 14,15, 18, 20 Provide a unique ID when multiple features are assessed Type of Water-Related Habitat Select the type. Complete assessment Section 1 and the appropriate section below. 7 Isolated and Adjacent Wetland(s) (Section 2) – Bottomland Hardwood Forest (Section 3)– Spring(s) (Section 4) – Deep Water Habitat (Section 5) Assessment Conclusion: Select one of the following. IS an ESA. Based upon this assessment the area is a Water-Related Habitat. I recommend the Official ESA Map be updated to confirm the ESA designation in this area. NOT an ESA. Based upon this assessment the area is not a Water-Related Habitat. I recommend the Official ESA Map be updated to remove the ESA designation from this area. Assessment Comments: Provide a summary of detaits found in the fIeld to support the conclusion selected above. The identified areas were observed in the fields or forested areas surrounding the tributary They were identified as shallow depressions that hold water during and shortly after rainfallevents. The wetlands contained three wetland plant species. Given the location of thewetlands, they appeared to receive hydrology via direct rainfall and sheet flow. Wetlands2,3,4,5,10,11 ,13,14,15,18, and 20 were identified as jurisdictional wetlands, and therefore meet the requirement for a water related habitat ESA. Attachments Provided: R e q u i r e d : ; ::iT: a= asit e m; pp h o :} ;ru: rpr: : : eT : :s : : :: :i:uJ EffI tnT as ed map of feature Other: Field Assessor: Name of Field Assessor: Shae Kipp Affiliation of Assessor (Organization): Integrated Environmental Solutions Date the assessment was performed: 05 October 2021 I certify that the information provided here is an accurate description of the area(s) assessed.Shae Kipp Digitally signed by Shae KippDate: 2022.04.13 14:47:37 -05'OO' Environmental Services Representative: I concur with the description of this ESA and conclusion ofthis assessment. Version 3, ian. 2022 City of Denton Water-Related Habitat Assessment Form Page 1 of 4 Section 1. General Information General Land Use Provide description of land hydrologically influencing feature. Select all that apply and provide more details as appropriate Briefly describe: 7 Pasture – Fallow – Crop, crop type: Low Intensity – High Intensity 7 Forest 7 Agricultural: – Residential: 7 Commercial/Industrial 7 Recreational – Other: Soil Map Unit Name(s): Provide soil classifIcation types where feature occurs. Ponder loam, 1 to 3 percent slopes Ponder loam, 0 to 1 percent slopes Section 2. Isolated and Adjacent Wetland(s) Hydrology Indicators Primary inundated soil saturated in upper 12" water marks – drift lines sediment deposits evidence of drainage patternComments: Secondary oxidized root channels in upper 12” 7 water-stained leaves : county soil suIvey fac-neutral test Hydric Soil Indicators histosol histic epipendon sulfidic odor aquic moisture regime reducing conditions gleyed or low chroma colors Comments: concretions high surface organic content organic streaking in sandy soils listed on local hydric soil list listed on national hydric soil list other: Brief Vegetation Survey: List all vegetative species where feature occurs for species covering >10% of the feature area and provide hydrophytic vegetation indicator of the species. Scientific name Iva annua Carex cherokeensis Xanthium strumarium Common name sumpweed Cherokee sedge roughleaf cocklebur % Cover 60 20 20 Indicator FAC FAC FAC Hydrophytic Vegetation Indicator: 3 : o\Number of plant species that are OBL, FACW and FAC to number of plant species that are FACU and UPn Version 3, Jan. 2022 City of Denton Water-Related Habitat Assessment Form Page 2 of 4 Section 3. Bottomland Hardwood Forest List vegetative species covering >10% of the feature area. Bottomland hardwood forests are deciduous forested wetlands and river bottoms with alluvial soil deposition. Periodic to constant wet conditions support certain species of trees such as pecan, Texas hickory, American elm, Chinkapin oak, Chittamwood, Green ash, Black walnut, Indigo bush, Texas persimmon, Shumard oak, sycamore, and Carolina buckthorn. Scien name Old growth canopy trees Common name Scientific name Re-growth canopy trees Common name Small trees / understory trees Scientific name Common name Understory vegetation - shrub / vine / forb / grass Scientific name ! Common name % Cover Forest floor conditions: Select all that apply. – Standing dead timber Fallen dead timber Detritus / leaf litter – fungi Comments: Version 3, Jan. 2022 City of Denton Water-Related Habitat Assessment Form Page 3 of 4 Section 4. Spring(s) List vegetative species covering >10% of the feature area. Brief Vegetation Survey: I Scientific I mon name % Cover : Comments: Section 5. Deep Water Habitat Deep water habitats are permanently Fooded lands lying below the deep water boundaries of wetlands. The boundary between wetland and deep water habitat in the riverine and lacustrine systems lies at a depth of 2 meters (6.6 feet) below low water; however, if emergent, shrubs or trees grow beyond this depth at any time, their deep water edge is the boundary. Functions intercept sediment : intercept nutrients – intercept pesticides provide fish habitat : evidence of wildlife use unique aesthetics Impairments – trash or litter / evidence of dumping livestock has access Vegetation in water and on bank submerged aquatic vegetation floating-leaf emergent vegetation moist soil grasses and forbs tree cover (shade) Brief Vegetation Survey: List vegetative species covering >10% of the feature ana. Scientific name Common name Comments: Version 3, Jan. 2022 City of Denton Water-Related Habitat Assessment Form Page 4 of 4 f b i L'\,_ _rJ–n-a‘ Figure 1.General Location Map Survey Areaa It \\THIKr uni Q1 14, Western Boulevard & 380 City of Denton Denton County, Texas !!) k+ 1 in = 1.500 feet Feet Pon duHiLl)901 ,500 File Ref. 04.365.003Date: 4/1 3/2022 Area of Detail Scale: 1 inch equals 5 miles e • • USGS Denton West 7.5’ Quad 1960 revised 1974 Figure 2A.Topographic Setting Survey Areaa Western Boulevard & 380 City of DentonDenton County, Texas 1 in = 750 feet Fnnl 0 750 File Ref. 04.365.003Date: 4/1 3/2022 LARI AT RD a + B + S Ba ee e JIM '.HRISTAL RP 9 a e USGS Denton West 7.5' Quad 2019 e Figure 2B.Topographic Setting Survey Areaa Western Boulevard & 380 City of Denton Denton County, Texas 1 in = 750 feet Feet 0 750 File Ref. 04.365.0034 JH\ HEhe{cd P-+iS +J I b Bin.aW Figure 3,Soils Map ISUIvey Area = Soil map units outside survey area Soil Map Units = 21 - Burleson clay, 0 to 1 percent slopes L= 54 - Lindale clay loam, 1 to 3 percent slopes ! 1 65 - Ponder loam, 0 to 1 percent slopes '-'–-: 66 - Ponder loam, 1 to 3 percent slopes 67 - Sanger clay, 1 to 3 percent slopes Western Boulevard & 380 City of Denton Denton County, Texas ef. Q4.365.003Date:4/1 3/2022 i II n 1 Ir I a 0.gIt‘ CajF Western Boulevard & 380 City of DentonDenton County, Texas Zone X - Areas of 0.2% annual chance flood: areas of 1 % annual chance flood with average depths of less than 1 foot or with drainage areas less than1 square mile; and areas protected by levees from 1 % annual chance flood Feet N1 in = 750 feet V„+'I0 ,ef Se: = c:==e Special Flood Hazard Areas subject to inundation by the 1% annualHood; No base flood elevations determined Zone AE - Special Flood Hazard Areas subject to inundation by the 1% annualchance flood; Base flood elevations determined Zone AE - Floodway areas in Zone AE ;+/',T / /hf2l-gJ,!!q'&’XC’II }TH '+ t q Figure 5. OfficialCity of Denton EnvironmentallySensitive Areas (ESAs) I SUIvey Area Date Prepared: 13 April 2022Project Name: Westward Blvd. & US 380City Project Number: ESA 22-0002Prepared By: Integrated Environmental Solutions301 W Eldorado Pkwy; STE 101McKinney, TX 75069972/562-7672 Mar-Properties, LTD2281 North Masch Branch RoadSuite 400Denton, Texas 7620721 4/802-6006 Riparian Buffers 100, Existing Westward Blvd. & US 380 City of DentonDenton County, Texas ESA Floodplain Zone AE Developer: 1 in = 525 feet Feet File Ref. Q4.365.003Date: 4/1 3/2022 Figure 6. ESA Field AssessmentRecommendation SurveyWater Related Habitat - Wetlands 13 AprII 2022Date Prepared:Westward Blvd. & US 380Project Name:City Project Number: ESA 22-0002 Integrated EnvIronmental SolutionsPrepared By:301 W Eldorado Pkwy; STE 101McKinney, TX 75069972/562-7672 Mar-Properties, LTDDeveloper:2281 North Masch Branch RoadSuite 400Denton, Texas 76207 214/802-6006 ll• Confirmed Removed (Less than 0.1 acre andNon-Jurisdictional)Westward Blvd. & US 380 City of DentonDenton County, Texas \ Figure 7Aquatic Features Identified within the Survey Area Features that meet a definition of awater of the United States Western Blvd. & 380 City of DentonDenton County. Texas Features that do not meet a definitionof a water of the United States Photograph Locations Map Western Blvd. & 380 City of Denton Denton County, Texas Water Related Habitat - Wetlands Removed (Less than 0.1 acre and Non-JurisdicUonal) Photograph 1 Photograph 2 ;}; B ; :,.It,I , = Photo Photor lh 5Photo +Fri,2:+;VI, Photograph 6 %;ifS C:/P -:i t' _: Photograph 7 Photograph 8 1rBin b q,/l' =!epa raph 10 raph ll Photograph 12 lh 13Pho+ 0 Photo Photograph 15 Photograph 16 +++ T- -= ) C . _’„; ehojogr!Photo Photograph 23 Photograph 24 Photograph 25 J , ;’’dif:IV, Phot TX :raph 27 Photc Photograph 29 Photograph 30 Photograph 31 Photograph 32 i=’ n &!@ :P= + Fbot99raph 33 Photo Photo Photograph 39 Photograph 40 bl? Photograph 41 42Photo, Photograph 46 . \- b/.- I, - ?; .:.-( WJ;JJ='L +! Photograph 47 Photograph 48 Photo Photograph 50 ph 5? 18+IxiliT. Photograph 54 st;;3 TH+-ai$ isi F:b i; /g, Photograph 55 Photograph 56 £\& 'I Photograph 57 Photo ::# E ::it;{!! Photogra Photograph 60 Photograph 63 Photograph 64 +:T+=_ 1F ! i} ; ;: H c:L+) : E •11g ’q Photo :' ! +l .\f:# KdE;ifI $ + I =F; • F q\LI h 69 W‘ Photograph 71 Photograph 72 Photograph 74 Phot 76Photo lh 77Phot Photograph 79 Photograph 80 !!%}{:{i Photo Photograph 83 Photograph 84 ## }H:++T:: 3 :H : Fa\h$ Photograph 86 ;=:.;;ti!:i::/I Photograph 87 Photograph 88 Photograph 89 Photograph 90 CITYOF Project Number: ESA 22-ao02 Water-Related Habitat Assessment FormDENTON =~”'"''''“~“';"';'“''';':'"“ A Water-Related Habitat Assessment Form is to be completed for each feature identified as potentially existing on the Official ESA Map. Additionally, any feature identified onsite that potentially has characteristics of a water-related habitat is to be identified, described and documented through this form. Features of substantially similar characteristics and location may be grouped together on one form. More information about water-related habitats and assessing this feature may be found on the City of Denton webpaqe. Property Address or 552JtM CHRISTAL RD, DENTON, TX 76207-3502 Property ID: R 36657. 96569, 36662 Property ID can be found through Denton Central Appraisal District Feature ID:Wetlands 8, 12. 21, 19 Provide a unique ID when multiple features are assessed Type of Water-Related Habitat Select the type. Complete assessment Section 1 and the appropriate section below‘ 7 Isolated and Adjacent Wetland(s) (Se,tia. 2) – Bottomland Hardwood Forest (Secti,. 3) – Spring(s) (Section 4) – Deep Water Habitat (Section 5) Assessment Conclusion: Select one of the following. IS an ESA. Based upon this assessment the area is a Water-Related Habitat. I recommend the Official ESA Map be updated to confirm the ESA designation in this area. NOT an ESA. Based upon this assessment the area is not a Water-Related Habitat. I recommend the Official ESA Map be updated to remove the ESA designation from this area. Assessment Comments: Provide a summary of details found in the fIeld to support the conclusion selected above The identified areas were observed in the fields or forested areas surrounding the tributary They were identified as shallow depressions that hold water during and shortly after rainfallevents. The wetlands were dominated by three wetland plant species. Given the location ofthe wetlands, they appeared to receive hydrology via direct rainfall and sheet flow. Wetlands 8,12, 21, 19 were not identified as jurisdictional and are each less than 0.1 acre. Therefore, thesewetlands do not meet the size requirement for a water related habitat ESA. Attachments Provided : R e q u i r e d : ; ::iT! a= asit e n; pp h o i1 ::: rpr: : : en: : :s : : :: :iTJEff it:TO sed map of featureOther: Field Assessor: Name of Field Assessor: Shae Kipp Affiliation of Assessor (Organization): Integrated Environmental Solutions Date the assessment was performed; a5 October 2021 I certify that the information provided here is an accurate description of the area(s) assessed.Shae Kipp Digitally signed by Shae KippDate: 2022.04.1314:47:53 -05'OO' Environmental Services Representative: I concur with the description of this ESA and conclusion ofthis assessment. Version 3. Jan. 2022 City of Denton Water-Related Habitat Assessment Form Page 1 of 4 Section 1. General Information General Land Use Provide description of land hydmlogically inFuencing feature. Select all that apply and provide more details as appropriate 7 Forest 7 Agricultural: – Residential: 7 Commercial/Industrial 7 Recreational Other: Briefly describe 7 Pasture – Fallow – Crop, crop type: – Low Intensity – High Intensity Soil Map Unit Name(s): Provide soil classifIcation types where feature occurs. Ponder loam, 1 to 3 percent slopes Ponder loam, 0 to 1 percent slopes Lindale clay loam, 1 to 3 percent slopes Section 2. Isolated and Adjacent Wetland(s) Hydrology Indicators Primary inundated soil saturated in upper 12" water marks drift lines sediment deposits evidence of drainage pattern Comments: Secondary oxidized root channels in upper 12" 7 water-stained leaves : county soil survey 7 fac-neutral test Hydric Soil Indicators histosol histic epipendonsulfidic odor aquic moisture regime reducing conditions gleyed or low chroma colors Comments: concretions high surface organic content organic streaking in sandy soils listed on local hydric soil list listed on national hydric soil list other: Brief Vegetation Survey: List all vegetative species where feature occurs for species covering >10% of the feature area and provide hydrophytic vegetotion indicator of the species. name Common name Indicator Eleocharis palustris Iva annua spikerush sumpweed 50 20 OBL FAC Hydrophytic Vegetation Indicator: 2 : ! LNumber of plant species that are OBI, FACW and FAC to number of plant species that are FACU and UPn Version 3, Jan. 2022 City of Denton Water-Related Habitat Assessment Form Page 2 of 4 Section 3. Bottomland Hardwood Forest List vegetative species covering >10% of the feature area. Bottomland hardwood forests are deciduous forested wetlands and river bottoms with alluvial soil deposition. Periodic to constant wet conditions support certain species of trees such as pecan, Texas hickory, American elm, Chinkapin oak, Chittamwood, Green ash, Black walnut, Indigo bush, Texas persimmon, Shumard oak, sycamore, and Carolina buckthorn. Scientific name Old growth canopy trees Common name Scientific name Re-growth canopy trees Common name Small trees / understorv trees Scientific name Common name Understorv vegetation – shrub / vine / forb / grass ScientIfIc name ! Common name % Cover Forest floor conditions: Select all that apply. – Standing dead timber Fallen dead timber Detritus/ leaf litter – fung Comments: Version 3, Jan. 2022 City of Denton Water-Related Habitat Assessment Form Page 3 of 4 Section 4. Spring(s) List vegetative species covering >10% of the feature area Brief Vegetation Sun/e Scientific name Common name Comments: Section 5. Deep Water Habitat Deep water habitats are permanently PaDded lands lying below the deep water boundaries of wetlands. The boundary between wetland and deep water habitat in the riverine and lacustrine systems lies at a depth of 2 meters (6.6 feet) below low water; however, if emergent, shrubs or trees grow beyond this depth at any time, their deep water edge is the boundary. Functions intercept sediment : intercept nutrients – intercept pesticides provide fish habitat: evidence of wildlife use unique aesthetics Impairments – trash or litter / evidence of dumping livestock has access Vegetation in water and on bank submerged aquatic vegetation floating-leaf emergent vegetation moist soil grasses and forbs tree cover (shade) Brief Vegetation Survey: List vegetative species covering >10% of the feature area. g-cieitilil name : Common name % Cover Comments: Version 3, Jan. 2022 City of Denton Water-Related Habitat Assessment Form Page 4 of 4 T/ ! I ) f : P=}rJ•l .H TEn qU &b IIT:bP-T-3:I J!!II1111 Ii I !> bing L. =_+-. f _i/7=-=-u;} P : –',,..- _=.r =: ' ' bb._ iiIa Figure 1. General Location Map Survey Areaa Western Boulevard & 380 City of DentonDenton County, Texas 1 in = 1.500 feet Pond w File Ref. 04.365.003Date: 4/1 3/2022 Area of Detail Scale: 1 inch equals 5 miles e BM \\660 + e USGS Denton West 7.5' Quad 1960 revised 1974 Figure 2A.Topographic Setting SUIvey Areaa Western Boulevard & 380 City of DentonDenton County, Texas 1 in = 750 feet Feet 0 750 File Ref. 04.365.003 Dr 4 /1 3 /2022 /t } / 1\LARI AT RD ea //I :\\ \ \ I,--- P/ B 11 •e •q a P • ;r-~Jr e 8 lz1 g [ gZ/ \L/a JIM a +cbiRI RD + B / Bd> e a 8• B USGS Denton West 7.5' Quad 2019 Figure 2B.Topographic Setting B SUIvey Areaa Western Boulevard & 380 City of Denton Denton County, Texas 1 in = 750 feet 0 750 Feet File Ref. 04.365.003Date: 4/1 3/2022 Hq 1+b,J.- - ;Lirr;Iia',t t id ? T : r bbl. Figure 3Soils Map C3SUIVey Area [] Soil map units outside suIvey area Soil Map Units = 21 - Burleson clay, 0 to 1 percent slopes = 54 - Lindale clay loam, 1 to 3 percent slopes 65 - Ponder loam, 0 to 1 percent slopes i_=. 1 66 - Ponder loam, 1 to 3 percent slopes ’ : 67 - Sanger clay, 1 to 3 percent slopes Western Boulevard & 380 City of DentonDenton County, Texas A. \ \ 61 /A@ d Figure 4,Federal EmergencyManagement AgencyFlood Insurance Rate Map ISuwey Area FEMA FIRM Zone Descriptions Zone X - Areas determined to be outside the 0.2% annual chance floodplain Western Boulevard & 380 City of DentonDenton County, Texas q::: wiih :SPa;e dep:hasn:fuEls:hti:71 ?ooot;oarrIii adr=in aZ:n;rajacshiZ?than1 square mile; and areas protected by levees from 1% annual chance flood JU i c:=:ceho£3:cEo b=e Hoa;daLlev=Fosn:ud : Sri?nI!!n atlon y the 1 ' annualFeetN1 in = 750 feet y„+'E0 ef Sm/ Zone AE - Special Flood Hazard Areas subject to inundation by the 1% annualchance flood; Base Hood elevations determined Zone AE - Floodway areas in Zone AE Figure 5. OfficialCity of Denton EnvironmentallySensitive Areas (ESAs) nSurvey Area Date Prepared 13 April 2022Project Name Westward Blvd. & US 380 City Project Number: ESA 22-0002 Integrated Environmental SolutionsPrepared By 301 W Eldorado Pkwy; STE 101McKinney. TX 75069972/562-7672 Mar-Properties, LTDDeveloper:2281 North Masch Branch RoadSuite 400Denton, Texas 76207214/802-6006 Riparian Buffers 100, Existing Westward Blvd. & US 380 ESA Floodplain a Zone AECity of DentonDenton County, Texas W#llbT6rdl f@aFIBl UfI WWIFidIgg [ifEcg](I E4 ' eH; ji- J==-, 'T– I 3n H B n = + n H T : 3 : 1 : = rE !i mEga [tM lpS WgWW la @®dH [Wal'Wd' g)Wf@IH@gB) I @Jg®®wGII@7 W@®©©!! Ji wagjhlg]g) WflkTMI Figure 6. ESA Field AssessmentRecommendation Water Related Habitat - WetlandsI SuIvey Date Prepared:Project Name:City Project NumberPrepared By: 13 April 2022Westward Blvd. & US 380ESA 22-0002 Integrated Environmental Solutions 301 W Eldorado Pkwy; STE 101 McKinney, TX 75069972/562-7672 Mar-Properties, LTD2281 North Masch Branch Road Suite 400 Denton, Texas 76207 21 4/802-6006 Confirmed = N:=3: Esd(iEEsn:ban 0-1 acre andWestward Blvd. & US 380 City of Denton Denton County, Texas Developer: 1 in = 525 feet Fnnt 0 525 File Ref. 04,365.003Date: 4/1 3/2022 J+L+"BIIL Figure 7Aquatic Features Identifiedwithin the Survey Area HSurvey AreaFeatures that meet a definition of awater of the United States Western Blvd. & 380 City of Denton Denton County. Texas Features that do not meet a definitionof a water of the United States ; ElP‘ Photograph Locations Map V\bstern Blvd. & 380 Water Related Habitat Wetlands City of DentonDenton County, Texas In EFI::#_ SEP.“ than 0-1 acre and N'rl- photograph 1 Photograph 2 Photograph 3 Photograph 4 5Photo ii ,g# ;-}\ Photograph 7 Photograph 8 4.1 L£' • if II;PeLFr'+Hq be B1+ >d it :. L d Td/ 10Photo r' If. :+d qin + + h 11 Photograph 12 ,fb t r : 8 J : :p: F: a + F/ r+b % s + 1 H : h 13It V +t j ar b Si gP Photograph 14 fx \;gfI, gl VI B g?:’i-;: Photograph 15 Photograph 16 Phot Photograph 20 • + q Photograph 21.Photograph 22 Photograph 23 Photograph 24 k4yI'IL?: EDU Photo.Photo h 2 /Photograph 28 Photo Photograph 31 Photograph 32 ;i:n;+ r:T;; Photograph 33 :n+;ihl }; bh 35Phot - -;l' J} jT :b!=== :: T i•tf d:i::i::r : ? ifI:h• /1_ Photograph 37 Photo &), Photograph 39 Photograph 40 an r if i PhotograDh 41 _Photograph 44 gil; “;!:: Photograph 47 Photograph 48 i$; jP::$!: ;Ur : f& Photo Photo Phot & Phot 54 Photograph 55 Photograph 56 Photograph 57 Photograph 58 ::1;FgE: :}=t::H ):::it:n r v::: P:#iW Photo ph 59 X Photograph 60 jJ ;! 61Photol Photograph 62::*sU, Photograph 63 Photograph 64 +\n #El- IA ad bh 66Phat Photo Photogra rh 70Pho' llb_\;.i ;B Photograph 71 Photograph 72 +F f :.f .k lh 74Photo Photograph 76 Photograph 78 ;={:i={q&B;Fqi Photograph 79 Photograph 80 II \ q ## Photograph 83 Photograph 84 Phg19919_pIL!!Photograph 86 q Photograph 87 Photograph 88 :rrr • S ; •=b::: n : a B hr H:r ! 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