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AESA22-0004bORDINANCE NO. AESA22-OO04b AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN ALTERNATIVE ENVIRONMENTALLY SENSITIVE AREAS PLAN ON APPROXIMATELY 14.176 ACRES OF LAND GENERALLY LOCATED ON THE SOUTHWEST CORNER OF HICKORY CREEK ROAD AND FM 2499 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S OFFICIAL ENVIRONMENTALLY SENSITIVE AREAS MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (AESA22-OO04b) WHEREAS, the property owner, Justin Pasternek of Curve Development, seeks to develop 14.176 acres of land described in Exhibit “ A“ and depicted on the map provided on Exhibit “B” both attached hereto and incorporated herein by reference (the “Property”); and WHEREAS, in order to develop the Property, the Owner proposes to remove approximately 0.66 acres of a complex of Environmentally Sensitive Areas, as shown in Exhibit “C” attached hereto and incorporated herein by reference and as defined in the Denton Development Code (“Environmentally Sensitive Areas“), from the Property; and WHEREAS, Owner has applied for an Alternative Environmentally Sensitive Area Plan to restore the remainder complex of Environmentally Sensitive Areas, herein referenced the “Mitigation Area” on the map provided as Exhibit “D” and described in Exhibit “E” attached hereto and incorporated by reference; and WHEREAS, on September 13, 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 – I)ofthe Alternative ESA Plan on the AES A Property; and WHEREAS, on September 26, 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 the Denton Development Code; and WHEREAS, the City Council of the City of Denton, in considering the application for an Alternative ESA Plan for the Property, have determined that the proposed use for the Property and adoption of the Alternative ESA Plan on the AES A 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. Land disturbances within Environmentally Sensitive Areas are limited to the Development Impact Area, as described in Exhibit “A“ and depicted in Exhibit “B”. The two-phase mitigation plan, as described in Exhibit “E”, will commence during the winter months of December of the same year or January of the subsequent year in which the development has received permission from the City to clear and grade for development. The development shall achieve initial planting goals within the mitigation area prior to the issuance of any building permits. Temporary land disturbances of up to 10 percent (0.123 acres) of the remaining Environmentally Sensitive Areas, as described in Exhibit “C” and depicted in Exhibit “D”, may be proposed by the applicant to satisfy any remaining drainage design requirements and may be approved by City Staff, provided that the disturbed land be restored by following the mitigation plan. Notwithstanding the limited administrative approval in condition 3, the City reserves the right to require approval by ordinance any amendments or alternations to the Alternative ESA Plan 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 and existing trees for staff review and inspection, as described in Exhibit “E”. 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; and mitigate at the applicable ratios in DDC Section 7.7.4 for any existing trees that were removed, destroyed or dead. The Property owner retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the AES A Property, and the responsibility to implement and enforce the requirements of the Alternative ESA Plan, and cure any defaults of the Alternative ESA Plan. 3. 4. 5. 6. SECTION 3. The City’s official ESA map is hereby amended to show the changes to the ESAs. SECTION 4. The City Council of the City of Denton approves and accepts the Alternative ESA Plan attached as Exhibit “E”. SECTION 5. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 6. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by Page 2 of 4 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 seconded by v \&. : lb/ f,J the following vote a - 7: ordinance was made by hr',S '.At and _, the ordinance was passed and approved by Aye Nay Abstain Absent Mayor Gerard Hudspeth:,/ ,/ J t/ -L Vicki Byrd, District 1 : Brian Beck, District 2 :„'‘ Paul Meltzer. District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 :7 Chris Watts, At Large Place 6:,/ PASSED AND APPROVED thi, th, IGb d,y ,f scf koh‘. 2023 GERA 'F"I\{:?“ ATTEST: JESUS SALAZAR, CITY SECRETARY Page 3 of 4 APPROVED AS TO LEGAL FORM: MACK RErNWAND, CITY ATTORNEY Hilary Negron 2023.09.22 09:58:48 05'OO Page 4 of 4 EXHIBIT "A" EXHIBIT "A'' BEING a tract of land situated in the B. Merchant Survey, Abstract No. 800, City of Denton, Denton County, Texas, being part of a tract conveyed to Cyrene at Hickory Creek LLC, by deedrecorded in Document No. 2022–96547 of the Official Public Records, Denton County, Texas (OPRDCT), part of Teasley Harbor Phases 2A and 2B, additions recorded in Cabinet V, Pages 307 and 771, Plat Records, Denton County, Texas, and parts of Nautical Lane and Hickory Creek Road, being public rights–of–way, with the subject tract being more particularly described as follows: BEGINNING at 1/2” iron rod with plastic cap found for the southwest corner of said Cyrene tract; THENCE N 00'09’16” W, 51.18 feet; THENCE S 89'15’53” W, 11.45 feet; THENCE N 00'45’15” W, 118.29 feet; THENCE S 88'20’39” E, 14.04 feet; THENCE N 00'35’39” W, 341.10 feet; THENCE N 89'35’19” E, 84.44 feet; THENCE S 47'56’10” E, 18.44 feet; THENCE N 33'38’39” E, 13.73 feet; THENCE N 74'09'07” E, 36.74 feet; THENCE S 81'07’02” E, 14.82 feet; THENCE N 64'31’00” E, 3.78 feet; THENCE N 03'19’06” W, 38.83 feet; THENCE N 39'03’18” W, 27.72 feet; THENCE N 89'09’13” E, 102.80 feet; THENCE N 01'44’41 ” W, 12.18 feet; THENCE N 89'28’17” E, 338.81 feet; THENCE N 63'56’54” E, 18.88 feet; THENCE N 89'58’19” E, 102.70 feet; THENCE S 53'15’33” E, 14.75 feet; THENCE N 85'02’26” E, 21.54 feet; THENCE N 89'16’14” E, 256.87 feet; THENCE S 35'33’26” E, 18.86 feet; THENCE S 46'21 ’23” E, 86.03 feet to the west line of Farm to Market Road 2499, a variable width public right–of–way; THENCE S 02'08’02” E, 147.91 feet along the west line thereof; THENCE continuing along the west line thereof, around a tangent curve to the left having a central angle of 09'42’57”, a radius of 1677.00 feet, a chord of S 06'59’31 ” E – 284.04 feet, an arc length of 284.38 feet; THENCE S 48'11 ’25” W, 15.43 feet departing said right–of–way; THENCE S 05'33’27” W, 41.92 feet; THENCE S 07'50’51 ” E, 32.46 feet to a point on the south line of said Cyrene tract, from which a 5/8” iron rod with plastic cap found for the southeast corner thereof bears N 89'21 ’33” E, 30.97 feet; THENCE S 89'21 ’33” W, 442.79 feet;THENCE S 00'37’49” E, 33.82 feet; DIA EXHIBIT B. MERCHANT SURVEY, A-800 CITY OF DENTONT[ K=B @T2Tmft5mmm Ckadng. G:\2Q21 XB'Vl<J7+ and SrB\SIXh£Y’VW21-Q7+ bod &nIt#JaI CIA tUng.<hg Swwl qc &kMs He Thx 9/b/XIa IOgS48 AM H£ao,TXTgY75 g7zaaoa77MQzuMr 1 m BPELS No F.2121 and No. F-lCOJ3100 • ww#InIBarn PAGE 1 OF 4 Rotted by: edavl8 Plat Date: 9/8/2023 12:06 PM EXHIBIT "A" MrrES AND BOUNDS DESCRIPTION (CONTINUED) THENCE S 86•35’14” W, 9.69 feet; THENCE S THENCE S 51'14’07” W, 3.77 feet; THENCE N 19•53’12” W, 8.73 feet; THENCE S 89'Of ’26” W, 40.67 feet; THENCE S 88'13’43” W, 3.69 feet; THENCE N 88'00’47” E, 1.90 feet; THENCE N 89'37’09” E, 1.88 feet; THENCE N 89'29’32” E, 6.70 feet; THENCE N 01'23’54” E, 0.57 feet; THENCE N 84'00'25” E, 8.04 feet; THENCE N 86'21 ’56” E, 8.87 feet; THENCE S 89'58’33” E, 19.50 feet; THENCE N 46'05’46” W, 25.53 feet; THENCE N 35•38’24” W, 13.40 feet; THENCE N 14'13’00” E, 8.31 feet; THENCE N 68'57'37” E, 10.86 feet; THENCE N 11'59’31 ” W, 32.08 feet; THENCE N 46'36’11 ” E, 33.33 feet; THENCE N 06'50’13” E, 22.35 feet; THENCE N 20'45’12” E, 22.89 feet; THENCE S 48'03’55” E, 12.lg feet; THENCE S 87'27’27” E, 8.62 feet; THENCE N 80'27’42” E, 25.81 feet; THENCE N 45'07’13” W, 38.60 feet; THENCE S 38'01 ’32” W, 17.01 feet; 45•10’03” W, 3.97 feet; 09'39’OI ” E, 1.94 feet; 03•34’34” W, 22.41 feet; 89'52’00” W, 8.32 feet; 06'44’17” W, 6.42 feet; 76'18’38'’ E, 1.80 feet; 88'05’19” E, 7.48 feet; 87'48’50” E, 33.21 feet; 01'23’54” E, 17.74 feet; 83'54’33” E, 6.70 feet; 12'45’46” E, 6.06 feet; 43'32’24” E, 17.44 feet; 01'29’20” W, 23.84 feet; 59•52’07” E, 7.58 feet; 33'23’00” E, 10.25 feet; 14•00’51 ” E, 16.78 feet; 00'15’19” W, 65.11 feet; 73•24’30” E, 7.39 feet; 89'15’36” W, 78.17 feet; 85•18’45” E, 16.18 feet; 76'14’34" E, 11.78 feet; 63'15’37” E, 5.29 feet; 32'52’30” W, 27.77 feet; 11'00’49” W, 13.14 feet; 86'33’59” W, 20.15 feet; THENCE N THENCE N THENCE S THENCE N THENCE S THENCE S THENCE N THENCE N THENCE S THENCE S THENCE N THENCE N THENCE N THENCE N THENCE N THENCE N THENCE N THENCE N THENCE S THENCE S THENCE N THENCE N THENCE S THENCE S DIA EXHIBIT B. MERCHANT SURVEY, A-800 RTc TD MJ TFTDKnB m=+FI DENTON COUNTY, TEXAS Map\WFmAWUlqn+ IOrI a=dp6ar [XA tHngng amd Bc &kMs &wBTrrn g/B/XIa la;33:49 AM Be T8PELS No. F.2121 and No. F-ID043100 PAGE 2 OF 4 1dEmmR===X8 m=f1 EXHIBIT ''A" MrrES AND BOUNDS DESCRIPTION (CONTINUED) THENCE N 00'04’37” E, 35.37 feet; THENCE N 01'42’48” E, 12.96 feet; THENCE N 25'15’48'’ W, 8.24 feet; THENCE N 00'52’39” W, 23.80 feet; THENCE N 62'59’01 ” W, 18.89 feet; THENCE S 80•32’11 ” W, 36.58 feet; THENCE S 05'19’38” W, 23.40 feet; THENCE S 28'08’39” E, 20.12 feet; THENCE S 17'59’29” W, 21.79 feet; THENCE S 36'47’53” W, 12.24 feet; THENCE S 44'16’26” W, 23.52 feet; THENCE N 88•49’21 ” W, 20.93 feet; THENCE S 00'02’34” E, 48.44 feet; THENCE S 13'24’50” W, 44.09 feet; THENCE S 17'08’11 ” W, 31.45 feet; THENCE S 04'25’42” E, 18.47 feet; THENCE S 23'35’13” W, 30.81 feet; THENCE S 11'04’09” W, 20.21 feet; THENCE S 38'44’51 ” E, 12.93 feet; THENCE S 44'23’12” E, 33.03 feet; THENCE S 43'39’16” W, 24.55 feet; THENCE N 45'54’53” W, 47.60 feet; THENCE S 86'21 ’07” W, 6.55 feet; THENCE S 57'54’15” W, 7.58 feet; THENCE S 16'17’42” W, 10.18 feet; THENCE S 07'10’40” W, 5.21 feet; THENCE S 06'35’16” E, 5.95 feet; THENCE S 46•34’33” E, 5.75 feet; THENCE S 07'04’59” E, 4.28 feet; THENCE S 17'48’11 ” W, 3.14 feet; THENCE S 46'09’44” W, 4.19 feet; THENCE S 10•03’24” E, 21.00 feet; THENCE S 09'47’23” W, 8.77 feet; THENCE S 14'59’19” W, 9.14 feet; THENCE S 02'56’18” W, 13.51 feet; THENCE S 02•56’18” W, 1.40 feet; THENCE S 00'00’28” E, 7.20 feet; THENCE S 00'35’44” E, 112.25 feet; THENCE S 89'22’11 ” W, 18.80 feet; THENCE N OO'37’49” W, 120.84 feet to a 1/2" iron rod with plastic cap found for the northeast corner of Lot 7, Block E; THENCE S 89'21 ’33” W, 453.25 feet to the POINT OF BEGINNING with the subject tract containing 569,378 square feet or 13.071 acres of land. DIA EXHIBIT B. MERCHANT SURVEY, A-800 m-lm-iF[aB1EN C>aUng a\Wl ,£B9€21-a7+ and sbup\suR\n’WI\21q174 lel9d &nHpHal IIA thing.avg SaM Bc &kMs Scwe nrrn 9/8/'XIZ3 IQ3&48 AM RSaHHRaMsuRBltx3 RHl&TX75975 g7z4aoa77 T8PELS No. F.2121 and No. F.10043100 • www4MInH,wn PAGE 3 OF 4 Plotted by edavjg Plat Date: 9/8/2023 12:06 PM EXHIBIT "B" PAGE 4 OF 4 100 100 200U 1- = 200 Basis of bearing:State Plane Coordinate System , North TexasCentral Zone 4202, North American Datum of 1983. Adjustment Realization201 1 . HICKORY CREEK ROAD 13.071 Acres ( 569,378 S.F.) .234 Acr 151314 gTEASLEY HARBOR PHASEd 2A'and h S ENI IG &IG PIerRE(nIls gruagansue IOOTBP£LS No. F.2121 and No. F.10043100 DIA EXHIBIT B. MERCHANT SURVEY, A-800 mmn =Tm-moo9D Plotted by: lqu+rvo Plot [Me: 9/8/2023 1 :52 PM EXHIBIT "C" EXHIBIT "A" BEING a tract of land situated in the B. Merchant Survey, Abstract No. 800, City of Denton, Denton County, Texas, being part of a tract conveyed to Cyrene at Hickory Creek LLC, by deed recorded in Document No. 2022–96547 of the Official Public Records, Denton County, Texas, with the subject tract being more particularly described as follows: BEGINNING at a point from which a 1/2” iron rod with plastic cap found for the southwest corner of said Cyrene tract bears S 88'59’04” W, 472.49 feet; THENCE N 02•56’18” E, 10.41 feet; THENCE N 14'59'19” E, 9.14 feet; THENCE N 09•47’23” E, 8.77 feet; THENCE N IO'03’24” W, 21.00 feet; THENCE N 46•09’44” E, 4.19 feet; THENCE N 17'48’11 ” E, 3.14 feet; THENCE N 07•04’59” W, 4.28 feet; THENCE N 46'34’33” W, 5.75 feet; THENCE N 06•35’16” W, 5.95 feet; THENCE N 07'10’40” E, 5.21 feet; THENCE N 16•17’42” E, 10.18 feet; THENCE N 57'54’15” E, 7.58 feet; THENCE N 86•21 ’07” E, 6.55 feet; THENCE S 45'54’53” E, 47.60 feet; THENCE N 4Y39’16” E, 24.55 feet; THENCE N 44'23’12” W, 33.03 feet; THENCE N 38•44’51 ” W, 12.93 feet; THENCE N 11'04’09” E, 20.21 feet; THENCE N 2Y35’13” E, 30.81 feet; THENCE N 04'25’42” W, 18.47 feet; THENCE N 17'08’11 ” E, 31.45 feet; THENCE N 13'24’50” E, 44.09 feet; THENCE N 0CY02’34” W, 48.44 feet; THENCE S 88'49’21 ” E, 20.93 feet; THENCE N 44•16’26” E, 23.52 feet; THENCE N 36'47’53” E, 12.24 feet; THENCE N 17•59’29” E, 21.79 feet; THENCE N 28'08’39” W, 20.12 feet; THENCE N 05'19'38” E, 23.40 feet; THENCE N 80'32’11 ” E, 36.58 feet; THENCE S 62•59’01 ” E, 18.89 feet; THENCE S 00'52’39” E, 23.80 feet; THENCE S 25•15’48” E, 8.24 feet; THENCE S 01'42’48” W, 12.96 feet; THENCE S 0CY04’37” W, 35.37 feet; THENCE N 86•33’59” E, 20.15 feet; THENCE N 38•01 ’32” E, 17.01 feet; THENCE N 11'00’49” E, 13.14 feet; THENCE S 45•07’13” E, 38.60 feet; THENCE S 32'52’30” E, 27.77 feet; THENCE S 80•27’42'’ W, 25.81 feet; THENCE S 63'15’37” W, 5.29 feet; THENCE N 87•27'27” W, 8.62 feet; THENCE N 76'14'34” W, 11.78 feet; DIA EXHIBIT B. MERCHANT SURVEY, A-800 CITY OF DENTON I T=" 1 DKB ' 1 9/8/23 1 21-07; 1 DENTON COUNTY, TEXAS I PAGE 1 OF 3 bHHnTX759757BaBur RInd athe lao TBPELS No. F-2121 and No. F-l€>043100 EXHIBIT "A" MrrES AND BOUNDS DESCRIPTION (CONTINUED) THENCE N 48'03’55'’ W, 12.19 feet; THENCE N 85'18’45” W, 16.18 feet; THENCE S 20'45’12” W, 22.89 feet; THENCE S 89'15’36” E, 78.17 feet; THENCE S 06'50’13” W, 22.35 feet; THENCE S 73'24’30” W, 7.39 feet; THENCE S 46'36’11 " W, 33.33 feet; THENCE S 00'15’19'’ E, 65.11 feet; THENCE S 11'59’31 ” E, 32.08 feet; THENCE S 14'00’51 ” W, 16.78 feet; THENCE S 68'57’37” W, 10.86 feet; THENCE S 33'23’00” W, 10.25 feet; THENCE S 14'13’00” W, 8.31 feet; THENCE S 59'52’07” W, 7.58 feet; THENCE S 35'38’24” E, 13.40 feet; THENCE S 01'29’20” E, 23.84 feet; THENCE S 46'05’46” E, 25.53 feet; THENCE S 43'32’24” W, 17.44 feet; THENCE N 89'58’33” W, 19.50 feet; THENCE N 12'45’46” W, 6.06 feet; THENCE S 86'21 ’56” W, 8.87 feet; THENCE N 83'54’33” W, 6.70 feet; THENCE S 84'00’25” W, 8.04 feet; THENCE S 01'23’54” W, 14.65 feet to a point from which a 5/8” iron rod with plastic cap found for the southeast corner of said Cyrene tract bears N 89'43’05” E, 493.31 feet; THENCE S 89'21 ’33” W, 155.23 feet to the POINT OF BEGINNING with the subject tract containing 53,765 square feet or 1.234 acres of land. DIA EXHIBIT B. MERCHANT SURVEY, A-800 CITY OF DENTON n ' I DKB ' 1 9/8/23 1 21-07; 1 DENTON COUNTY, TEXAS I PAGE 2 OF 3 Ch:dnS. \\qjrv+8lW JM\a121 ampl-on and SrV\QK>V#itibW<HJI JSA LOChs:\21-a7+ IOl denrfpUaIEXA IKndH SCNWl %: EndS be TTrrn 9/BMIZ5 15428fHBtad by: ulavi9 Plat Oak 9/11/2023 11:37 AU !XHIBIT ltD" PAGE 3 OF 3 D. MERCHANT SURVEY ABSTRACT NO. 800 ( dg:;ii:;i)g S 11 : / i:;$:*„„-,-’;}"}"’.'“ % %"–=HuT,RE:: W D 8mill t' 9/m==:n= EXHIBIT ’'E" ALTERNATIVE ENVIRONMENTALLY SENSITIVE AREA REPORT (AESA# 22-0004) Curve Development; CO/ Bear Land Consultants Barrel Strap Residential Project Site §9i;#lfLK?£';#:&§t++hIM tf )= Ff - ji,{'; } i${}{!iii# September 2023 For compliance with: City of Denton Environmentally Sensitive Areas Assessment (AESA# 22-0004) Prepared by: Integrated Environmental Solutions, LLC 301 W. Eldorado Parkway, Ste. 101 McKinney, Texas 75069 Prepared for: Curve Development; C/O Bear Land Consultants 208 S Johnson Street; Suite 101 McKinney, Texas, 75069 Curve Development; CO/ Bear Land Consultants Barrel Strap Residential Project Site – AESA Report 07 September 2023 Page / 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 ................................................................................................................................................3 Affected Environment and Summary of Impacts ..........................................................................................................3 Mitigation Activities.......................................................................................................................................................S Proposed Improvement of Unaffected Areas...........................................................................................................5 Public Access Trail .....................................................................................................................................................8 Compliance with Authorities ....................................................................................................................................8 Annual Reporting ......................................................................................................................................................8 Maintenance Plan .....................................................................................................................................................9 Criteria for Approval ...............................................................................................................................................10 Summary......................................................................................................................................................................10 Annual Reporting Contacts..........................................................................................................................................11 APPENDICES Appendix A - Figures Figure 1 – General Location Map Figure 2 – City of Denton Mapped ESAs Figure 3 – On-site ESAs and Aquatic Features Figure 4 – Proposed ESA Impacts Figure 5 – Proposed ESA Impacts and Site Plan Figure 6 – Public Access Trail Appendix B - ESA Assessment Forms Appendix C - Tree Inventory Data Appendix D - ESA Tree Preservation Special Conditions Narrative Curve Development; CO/ Bear Land Consultants Barrel Strap Residential Project Site – AESA Report 07 September 2023 Page 1 INTRODUCTION AND AUTHORITY/ PURPOSE AND NEED FOR ACTION Integrated Environmental Solutions, LLC (IES) was retained by Curve Development; C/O Bear Land Consultants for environmental services for the Barrel Strap Residential project site. This Alternative Environmentally Sensitive Area (AESA) Report is being submitted to the City of Denton under the Denton Development Code (DDC) Section 2.8.4 to request approval for impacts to Environmentally Sensitive Areas (ESA). This AESA Report proposes mitigation measures for multiple impact areas required to construct roadways, lots, and associated infrastructure for the proposed residential development. DESCRIPTION OF OVERALL DEVELOPMENT The proposed Barrel Strap Residential project site is approximately 14.4 acres in size located at the southwestern corner of Hickory Creek Road and Barrel Strap Road in the City of Denton, Denton County, Texas (Appendix A - Figure 1). The proposed development will consist of a 50-1ot residential development and all associated infrastructure including sidewalks, interior roads, necessary utilities, and sewer lines. The development impact area is approximately 13 acres. The current zoning for the tract is Residential (R7), which allows for the proposed development. EXISTING SITE DESCRIPTION The project site was characterized as a fallow agricultural property currently used for oil and gas production. Recent aerial photography also indicates that the eastern portion was utilized for construction activities resulting in a large surface disturbance and residual gravel areas. Much of the project site was dominated by grasses and forbs such as Bermudagrass (Cynodon dactylon}, Johnsongrass \Sorghum halepense\ , King Ranch bluestem (Bothriochloa ischaemum\, prairie three-awn (Aristida oligantha\, silver bluestem IBothriochloa saccharoides\, white heath aster (Aster ericoides), common ragweed (Ambrosia augustifolia\, Canada goldenrod ISalidago canadensis\, and prairie broomweed (Xanthocephalum dracunculoides) . Honey mesquite (Prosopis glandulosa\ and eastern redcedar (Juniperus virginiana\ were observed sporadically throughout the grassland areas. Two forested areas were observed, one hilltop in the west and one forested riparian corridor in the central region. Both areas were dominated by post oak (Quercus stellata) with sugarberry {Celtis laevigata) , common greenbrier {Smilax bona-nox), eastern redcedar, Chinese privet LLigustrum sinense\, and poison ivy LToxicodendron radicans\ observed in the understory. IES Environmental staff conducted a site visit on 08 November 2021 to confirm ESAs mapped by the City of Denton. Prior to the site visit, IES reviewed the previously mapped and assessed ESAs 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 as follows: ESA22-0027: The assessment reviewed the status of a section of an unnamed tributary to Bryant Creek bisecting the central region of the project site. The assessment confirmed the 50-foot Riparian Buffer ESA surrounding the drainage as well as the Undeveloped Floodplain ESA surrounding the tributary. The assessment removed the Cross Timbers Upland Habitat on the western side of the property as it did not meet the 10-acre contiguous canopy cover requirement. Additionally, it was determined that the development in the region extending south of the southern west- to-east boundary was initiated prior to the adoption of the ESA regulations. Therefore, the region to the south is not subject to the ESA protection requirements. During the site visit, an intermittent stream was identified within the project site, entering via a culvert under Hickory Creek Road and exiting to the south. A 50-foot Riparian Buffer ESA and Floodplain ESA were identified along the stream. The stream previously extended north of the boundary but was channelized and culverted for the construction of Hickory Creek Road. No previous environmental or flood studies were completed with the installation of the Public Infrastructure and were therefore not available for reference in this document. The Curve Development; CO/ Bear Land Consultants Barrel Strap Residential Project Site – AESA Report 07 September 2023 Page 2 onsite stream, and ESAs identified during the site visit are shown in Appendix A, Figure 3. The habitat within the ESA is as follows: Streams An intermittent stream meanders through the central region of the ESA before exiting the site to the south. The intermittent stream was, on average, 5-feet wide and incised 6 inches to 18 inches. Overall, the stream was in Good condition based on the Rapid Stream Assessment Technique (RSAT) performed during the ESA assessment. Riparian Buffer ESA The 50-foot Riparian Buffer was identified along the intermittent stream meandering through the central region. Riparian Buffer ESAs to the north, southwest, and southeast of the unassessed ESA were removed through ESA assessments completed in 2016 (ESA15-0006). The Riparian Buffer was dominated by post oak with sugarberry, common greenbrier, eastern redcedar, Chinese privet, and poison ivy observed in the understory. Table 1 below summarizes the trees measured and identified within the Riparian Buffer and Undeveloped Floodplain ESA. A full tree inventory completed in November 2021 is included as Appendix B. Trees were recorded on a Trimble GeoExplorer XT Global Positioning System (GPS) unit capable of sub-meter accuracy. Table 1. Summary of Trees Identified Within the Riparian Buffer and Undeveloped Floodplain ESA Area. No. Healthy Trees No. Declining/ Hazard Trees (total caliper inches) (total caliper inches) 137 (1,993.2) 4 (40.5) 91 (780) 17 (212.7) 7 (57.7) Tree Species Post oak Cedar elm Blackjack oak Eastern red cedar Mexican plum Total Trees 1 (11.5) 1 (6.8) 1 (6) 7 (64.8)252 (3,043.6) Undeveloped Floodplain ESA Undeveloped Floodplain ESA was mapped around the stream channel and associated buffer. The ESA is associated with Federal Emergency Management Agency (FEMA) 100-year floodplain Zone A. Table 1 above summarizes the trees measured and tagged within the Undeveloped Floodplain and Riparian Buffer ESA PURPOSE OF AESA The purpose of this AESA is to propose mitigation for the impacts to the Riparian Buffer and Undeveloped Floodplain ESAs as a result of the proposed residential development construction. The proposed project would involve constructing roads, sidewalks, lot walls, and sewer lines within the limits of the Riparian Buffer and Undeveloped Floodplain ESAs. The existing median opening on Hickory Creek was placed over the northern section of the intermittent stream due to engineering and transportation requirements, resulting in impacts to the ESA that cannot be avoided. Grading required for the construction would be limited to the minimum necessary for the roads, sidewalks, lots, and associated utilities totaling approximately 0.660 acre (39 percent of 1.688-acre total) within the Riparian Buffer ESA and 0.250 acre (31 percent of 0.796-acre total) within the Undeveloped Floodplain ESA. Appendix A, Figure 4 shows the proposed impacts to the ESA. Engineering constraints and modifications resulting in limited impacts to the ESA include: Site Access Barrel Strap Road is a TxDOT operated facility with a posted speed limit of 45 mph. Per Table 2.2 of the TxDOT Access Management Manual, any proposed entrance to Barrel Strap Road would require a spacing of 360 linear feet (LF) from both of the intersections at Hickory Creek Road and Ocean Drive. With a total frontage of Curve Development; CO/ Bear Land Consultants Barrel Strap Residential Project Site - AESA Report 07 September 2023 Page 3 approximately 690 LF, the frontage along Barrel Strap Road does not meet the minimum intersection spacing to warrant an entrance, Hickory Creek Road east bound lanes were constructed in front of the project site in 2020. The sole median break to the site was constructed over the creek that extended the culvert into the project site. This median break provides the natural north access point for the site as it provides access from both the east and west on Hickory Creek Road. However, as it lines up with the creek, the ESA would be impacted by the access road. The Nautical Lane entrance must be located a minimum of 400 LF from the Hickory Creek Road intersection and 200 LF from the Ocean Drive intersection. These minimum distances dictate the 95 LF available along Nautical Lane for the second subdivision access point. Interior Design Layout The following design constraints were considered in the project design: • Lat sizes within the development must be a minimum of 50 LF wide and 80 LF deep. • Residential street intersection spacing cannot be closer than 200 LF apart. • Residential streets cannot exceed 600 LF without looped access for emergency vehicles. • Per Table 1.4.6.1 of the Denton Transportation Criteria Manual, a 100 LF minimum distance is required prior to the first intersection for entrances to subdivisions off of an arterial where lots back up to the arterial. On the east side of the project a looped street network was utilized to avoid a second right-of-way crossing through the ESA. A variance was requested to extend the 600 LF limit of the cul-de-sac with an emergency access road for connectivity. Another variance was requested to reduce the eastern residential roadway ROW along the ESA to 43.5 LF with a 25 LF pavement section and a 6 LF sidewalk on the ESA side. These designs would reduce the impact to the ESA but were denied by staff. To comply with the 200 LF intersection limitation, the looped road must line up with the Hickory Creek Road entrance. The four-way intersection at this location is within the northern portion of the ESA, increasing the impact Walls were strategically placed throughout the project to minimize the removal of trees and impacts to the ESA. Given the design and environmental constraints, the project design only impacts 0.660 acre of Riparian Buffer ESA and 0.250 acre of Undeveloped Floodplain ESA. Through the strategic placement of walls and removal of one lot that had a high density of trees, the project layout results in 55% tree preservation, which includes all trees in 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 Riparian Buffer and Undeveloped Floodplain associated with the stream channel through the central region. The total Riparian Buffer ESA covers 1.688 acres, and the Undeveloped Floodplain ESA covers 0.796 acre within the property boundary. The project is proposing to construct roads, sidewalks, lot walls, and a sewer line within the on-site Riparian Buffer and Undeveloped Floodplain ESAs. All vegetation within the impact area will be permanently removed during the initial construction; however, the impacts will be limited to the extent necessary to fulfill the needs of the residential development. The proposed impacts from the construction of the roads, sidewalks, lot walls and associated infrastructure are limited to 0.660 acre in the Riparian Buffer ESA and 0.250 acre in the Undeveloped Floodplain ESA. The total impacts and site plan are shown on Appendix A, Figure 5. Curve Development; CO/ Bear Land Consultants Barrel Strap Residential Project Site – AESA Report 07 September 2023 Page 4 Based on the tree inventory completed in November 2021 by IES, tree species within the impact area include blackjack oak (Quercus marilandica\, cedar elm, eastern red cedar, Mexican plum IPrunus mexicana) , and post oak. The understory within the riparian buffer was overgrown with Chinese privet. Herbaceous cover was limited, but when present, it consisted of scatted Virginia wildrye and coralberry near the drainage. The trees to be removed are described in Table 2. The proposed trees to be removed within the ESA total 1,030.3-caliper inches from 77 trees, which were all identified as healthy. The 77 healthy trees make up approximately 31 percent of the total healthy trees within the on-site ESA. Table 2 DBH Identified Trees Within the Proposed ESA Impact Area {caliper inches) Common Name Scientific Name Condition12.6 post oak Quercus stellata Healthy8.7 cedar elm Ulmus crassifolia Healthy19.2 post oak Quercus stellata Healthy7.4 cedar elm Ulmus crassifolia Healthy9.3 cedar elm Ulmus crassifolia Healthy16 cedar elm Ulmus crassifolia Healthy24.2 post oak Quercus stellata Healthy13.8 blackjack oak Quercus marilandica Healthy10.6 blackjack oak Quercus marilandica Healthy7.7 blackjack oak Quercus marilandica Healthy10.9 post oak Quercus stellata Healthy7.6 eastern red cedar Juniperus virginiana Healthy20,7 post oak Quercus stellata Healthy16.5 post oak Quercus stellata Healthy23 post oak Quercus stellata Healthy12.5 post oak Quercus stellata Healthy8.7 cedar elm Ulmus crassifolia Healthy 7 cedar elm Ulmus crassifolia Healthy21.1 post oak Quercus stellata Healthy8,8 cedar elm Ulmus crassifolia Healthy8.5 cedar elm Ulmus crassifolia Healthy6.2 post oak Quercus stellata Healthy15.7 post oak Quercus stellata Healthy12.4 post oak Quercus stellata Healthy29.4 post oak Quercus stellata Healthy13 eastern red cedar Juniperus virginiana Healthy11.1 cedar elm Ulmus crassifolia Healthy11.3 cedar elm Ulmus crassifolia Healthy8.9 cedar elm Ulmus crassifolia Healthy8.3 cedar elm Ulmus crassifolia Healthy 23, 1 post oak Quercus stellata Healthy10 cedar dm Ulmus crassifolia Healthy6.2 cedar elm Ulmus crassifolia Healthy 6 cedar elm Ulmus crassifotia Healthy25.6 post oak Quercus stellata Healthy27.6 post oak Quercus stellata Healthy12.3 post oak Quercus stellata Healthy7.9 post oak Quercus stellata Healthy20.6 post oak Quercus stellata Healthy25.5 post oak Quercus stellata Healthy7.6 cedar elm Ulmus crassifolia Healthy6.2 cedar elm Ulmus crassifolia Healthy17.7 post oak Quercus stellata Healthy13 post oak Quercus stellata Healthy13 blackjack oak Quercus marilandica Healthy14 post oak Quercus stellata Healthy9.9 post oak Quercus stellata Healthy17.4 post oak Quercus stellata Healthy10 post oak Quercus stellata Healthy15.4 post oak Quercus stellata Healthy12.4 post oak Quercus stellata Healthy10.9 cedar elm Ulmus crassifolia Healthy7.3 eastern red cedar Juniperus virginiana Healthy16 post oak Quercus stellata Healthy9.8 eastern red cedar Juniperus virginiana Healthy15.6 post oak Quercus stellata Healthy ID # 1026 1034 1036 1058 1059 1107 1108 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1135 1136 1137 1138 1153 1154 1155 1156 1157 1158 1159 1160 1161 1177 1178 1179 1180 1181 1183 1184 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 Multi'Trunk No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No Curve Development; CO/ Bear Land Consultants Barrel Strap Residential Project Site – AESA Report 07 September 2023 Page 5 ID # 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1246 1247 1248 1347 Total DBH {caliper inches) 22.1 8.5 6 8.4 6.5 8.9 13.8 8.2 17 14.5 12.9 7.8 24.3 15.6 13.4 10.3 13.7 33.6 9.8 7.9 15 1 ,030.3 Common Name post oak cedar elm cedar elm cedar elm post oak cedar elm blackjack oak radar elm post oak post oak post oak post oak post oak post oak post oak cedar elm blackjack oak post oak cedar elm cedar elm post oak Scientific Name Quercus stellata Ulmus crassifolia Ulmus crassifblia Ulmus crassifolia Quercus stellata Ulmus crassifblia Quercus marilandica Ulmus crassifblia Quercus stellata Quercus stellata Quercus stellata Quercus stellata Quercus stellata Quercus stellata Quercus stellata Ulmus crassifblia Quercus marilandica Quercus stellata Ulmus crassifolia Ulmus crassifolia Quercus stellata Condition Healthy Healthy Healthy Healthy Healthy Healthy Healthy Healthy Healthy Healthy Healthy Healthy Healthy Healthy Healthy Healthy Healthy Healthy Healthy Healthy Healthy Multi'Trunk No No No No No No No No No No No No No No No No No No No No No MITIGATION ACTIVITIES The impact to the Riparian Buffer and Undeveloped Floodplain ESA shown in Appendix A, Figure 5 is primarily limited to the northern reach where impacts are required to construct necessary roadways for the residential development. A minimum of 100 LF spacing from Hickory Creek Road was required for the interior subdivision road, restricting practical modifications to the site plan. Relatively small, additional impacts are necessary in the southern region to construct lot walls, a sewer line, and a stormwater outfall. Vegetation will be removed during the initial grading for the development. The walls will be constructed entirely within the DIA with no construction traffic or clearing occurring on the mitigation area side of the walls. A pre-construction meeting will be held to notify contractors of ESA mitigation area limits and a visual barrier such as a temporary chain link fence will be installed to ensure construction remains within the DIA boundary. A special conditions narrative clarifying the construction methodology and preservation of trees near retaining walls, rip rap, and grading has been included in Appendix D. No additional adverse impacts to the southernmost portion of the stream or the remainder of the ESAs are expected from the construction. Following the residential development construction, a contractor will be instructed by Curve Development; C/O Bear Land Consultants to remove invasive, understory Chinese privet growth from the unimpacted ESA portions as well as non-graded areas surrounding the ESAs. Following the Chinese privet management, the remaining ESAs will be seeded with native grasses and a diverse range of native saplings and shrubs will be planted to increase species richness within the oak-dominated grove. Once the Chinese privet has been removed and the area has been revegetated, the resulting AESA will provide additional native habitat while also aiding in stormwater management for the residential 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 ESA PROPOSED IMPROVEMENT OF UNAFFECTED AREAS A two-phase mitigation plan executed over a year-long period is proposed to effectively restore and improve the unimpacted area. A contractor, such as IES, will be contracted to complete the privet removal, plantings, and monitoring. In the first stage, the developer is proposing to mechanically remove Chinese privet, an invasive species, from the understory of the non-impacted ESA portions as well as from non-graded areas surrounding the ESA to help prevent the reintroduction of Chinese privet. The removal approach is a targeted mechanism to eliminate invasive species and will result in no ground disturbing activities that could harm overstory trees. The initial privet removal will occur the first winter after construction has commenced to reduce sprouting. Following Curve Development; CO/ Bear Land Consultants Barrel Strap Residential Project Site – AESA Report 07 September 2023 Page 6 privet removal, as an erosion and sediment control measure and seeding strategy, the mitigation area will be hydromulched at 2,000 pounds per acre of wood fiber mulch with tackifier. Figure 1 illustrates that invasive Chinese prIvet currently dominates the canopy understory within the ESA. Mechanical removal will consist of the use of a hydro-axe for most of the area, supplemented with hand clearing to remove Chinese privet immediately surrounding existing trees. The hydro-axe will remove the aboveground portion of the Chinese privet plant but does not remove the root system and sprouting will occur. The regrowth will be spot treated with triclopyr, a pesticide from the City’s Integrated Pest Management list, the following spring at the recommended label rate. An additional spot treatment of seedlings will be conducted if necessary. Debris from the privet removal will be collected and disposed of outside of the mitigation area. The eradication of Chinese privet will open the understory and improve opportunities for diverse native species to thrive with limited invasive competition. A successful eradication will allow for no more than 5 percent of remaining Chinese privet understory cover prior to the mitigation area planting. Seedlings and regrowth will be monitored and removed seasonally within the mitigation area as needed to ensure Chinese privet remains eradicated. Once the Chinese privet has been successfully removed, a range of native saplings, shrubs, and herbaceous vegetation will be planted within the remaining portion of the on-site ESA to replace the removed caliper inches in the impacted area and increase diversity The ESA is currently dominated by oak trees, which provide cover and stability but lack diversity as well as age stratification. A diverse tree population is beneficial for sustaining a variety of wildlife, supporting ecosystem services, and facing stressors such as climate change, insect blight, disease, and pollutants. Table 3 indicates that the oak grove has the most trees in the 7-to-10-inch DBH range, as opposed to a normal, healthy forest which generally has the greatest density at the smallest size class. Currently, as the forest ages and older trees fall, there are too few smaller trees to replace those that could be naturally lost. The ESA atypical stratification is likely a result of Chinese privet understory growth outcompeting young saplings for sunlight and nutrients. Planting a range of young saplings after Chinese privet removal will allow the mitigation area to have a healthy age stratification and ensure efficient ecological function in future years. Table 3 Age Stratification and Density of Healthy Trees Identified in Mitigation Area During Inventory. Less than 7-10” 18” and 7” DBH DBH 11-17” DBH Greater DBH 20 82 62 18 19 78 59 17 Total 182 173 Quantity Density (trees/acre) The unimpacted Riparian Buffer ESA (approximately 1.028 acre) and Undeveloped Floodplain ESA (approximately 0.546 acre) areas encompass a combined total of 1.057 acre as a result of overlap and will be planted with native trees, shrubs, and grasses. The riparian corridor planting area will be planted with species that mimic the natural riparian woodlands of the East Cross Timbers ecosystem. Containerized (i.e., 5-gallon) trees will be planted in the ESA to achieve a final density of at least 230 live stems per acre. The mitigation area currently contains 173 healthy trees per acre that have a 6-inch DBH or greater. The planting effort will equate to no less than 71 individuals to reach a density of 230 live stems per acre to ensure canopy coverage while avoiding overcrowding. Trees removed within the ESA impact area will be included in the tree mitigation plan fund and will be replaced at a rate of 0.92 to 1. There will be no more than 30 percent of any single tree species planted within the mitigation area. Planting will occur during late fall to mid-winter following Chinese privet removal and planting of herbaceous ground cover. Trees may be overplanted (i.e., greater than 71 individuals) to help ensure the long-term survivability of the woody species within the mitigation area. Hardwood trees to be planted are listed in Table 4. No oak saplings will be planted because numerous mature oak trees are already present in the mitigation area and are likely to take seed once the understory of Chinese privet is removed. Native shrubs will also be planted at a density of 230 live stems per acre and will be planted throughout the site based on requirements for sunlight, drainage, etc. Shrubs will be overplanted (no less than 243 individuals) to allow for expected mortality (Table 5). Curve Development; CO/ Bear Land Consultants Barrel Strap Residential Project Site – AESA Report 07 September 2023 Page 7 Figure 1. The photographs illustrated mitigation area Table 4.Number of Trees to be Planted in Mitigation Area. # of Live Stems to be Planted 19 17 17 18 Common Name Pecan Cedar elm American elm Green ash Scientific Name Carya illinoinensis Ulmus crassifolia Ulmus americana Fraxinus pennsylvanica Table 5.Number of Shrubs to be Planted in Mitigation Area. # of Live Stems to be Planted 48 48 37 37 37 36 Common Name Coral berry Possumhaw holly Rough leaf dogwood Mexican Plum Buttonbush Little leaf sumac Scientific Name Symphoricarpos orbiculatus llex decidua Cornus drummondil Prunus mexicana Cephalanthus occidentalis Rhus microphylla Curve Development; CO/ Bear Land Consultants Barrel Strap Residential Project Site – AESA Report 07 September 2023 Page 8 A seed mixture will be seeded throughout the unimpacted ESA portion once the understory has been cleared of Chinese privet to provide a protective ground cover and functional understory strata. The seed mix is intended to aid in rebuilding the stream bank buffer zone. The seed mix will include native species such as Virginia wildrye IElymus virginicus\ , Canada wildrye (Elymus canadensis), inland sea oats (Chasmanthium latifo liu m) , and purpletop tridens (Tridens fIavus) . The native seed mix will contain a minimum of 30 percent Virginia wildrye, 15 percent Canada wildrye, 20 percent inland sea oats, and 15 percent purpletop tridens. The proposed seeding goal is to develop an AESA with a quality, diverse, functioning habitat that will not need additional maintenance beyond the initial seeding. The seed mix will be sown at the recommended amount of 9 pounds per acre in the spring following the Chinese privet management. As the mitigation area is within a riparian buffer that is predominantly an oak grove, shade tolerant species have been selected for planting. The initial seeding will be implemented in conjunction with the hydromulching and involves applying a mixture of water, wood fiber mulch, soil stabilizer, and seed to prevent erosion and provide an optimal environment conducive to plant growth. Areas where the initial seeding fails will be reseeded While the entire region will be planted with shrubs and seeded, due to the dynamic nature of the riparian ecosystem, full coverage of understory species is not expected, and a 40 to 50 percent coverage rate of shrubs and grasses will be considered successful. 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 seeding and prior to the first annual monitoring event. IES will perform additional site visits as necessary during the first annual monitoring period. PUBLIC ACCESS TRAIL AND ADDITONAL PLANTINGS A public trail system currently exists to the north of the project site and coordination with the Homeowners association (HOA) to establish a public trail system to the south is ongoing. As part of the mitigation plan to maximize access and utilization, an Americans with Disabilities Act (ADA) compliant connecting trail segment will be constructed within the ESA to the west of the drainage channel Appendix A, Figure 6. Construction of the public trail is a permitted use within the ESA subject to the approval of Environmental Services. The trail has been designed to avoid tree removal and the surrounding area will be restored once the trail segment is complete. Restoration within the trail buffer will include seeding the native seed mix outlined above for the mitigation areas throughout the construction zone. The hydromulching techniques utilized throughout the mitigation area will be maintained throughout the trail buffer restoration area and reseeding will take place as necessary to ensure 40 to 50 percent coverage. The trail and surrounding 30-foot buffer will be placed in a public use easement to maximize access and utilization. In addition to the ESA mitigation area plantings, the contractor will seed the southern region between the ESA and Ocean Drive with the native seed mixture detailed above. Portions of the southern region will be graded to instal the public access trail and sewer lines. Following construction, the southern region extending to Ocean Drive wiI be seeded, providing a diverse understory in the currently maintained oak grove. COMPLIANCE WITH AUTHORITIES The City of Denton is the authority over compliance with this AESA mitigation plan. Once the Curve Barrel residential 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. ANNUAL REPORTING The applicant will prepare an annual report each year for three 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 of the seeding, sapling planting, and preserved forest, as well as the effectiveness of the Chinese privet removal. These annual reports will be submitted to the City for review and comment. Curve Development; CO/ Bear Land Consultants Barrel Strap Residential Project Site – AESA Report 07 September 2023 Page 9 The first two annual reports will contain action items that may include, re-seeding the seed mixtures as needed, removing weeds and invasives from within the seeded areas, re-planting saplings, or removal 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 a 90 percent tree and shrub survival rate and 90 percent ground coverage has been established and has a reasonable chance of sustained cover. If it is determined that the 90 percent survival rate 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 reestablished, the applicant shall be notified to reseed, replant, or clear the problematic areas. If the applicant does not take remedial steps to bring the property into compliance, the City may use all legal remedies to enforce this provision. If changes need to be made to the mitigation plan during the 3-year monitoring period, the City of Denton will be notified prior to making the plan modifications. MAINTENANCE PLAN Riparian Buffer Woods will be maintained differently than all other common area lots. The following specifications will be used for future maintenance contractors that are contracted by the current and future owners and managers of the site. This approach is specified separately due to the environmentally sensitive nature of the riparian corridor. • Mowing – Mowing will be conducted along a 3-foot buffer along the trail only. No mowing will be allowed anywhere in this common area lot other than along the 3-foot buffer of the trail. Mowing will only occur on an as needed basis, not more than weekly during the growing season. The grass will not be mowed lower than three inches in height. • Edging – Edging will only occur along the trail and at the same interval of the mowing. There will be no edging around trees, walls, rock riprap, culvert outfalls, or any other features in this common area lot • Leaf Removal – There will be no leaf removal in this common area lot. • Fertilizer and Pesticide – There will be no fertilizer or pesticide in this common area lot. • Tree Removal – No trees will be cut, trimmed, thinned, raised, or altered without the approval of the City of Dentons specific written permission. • Trash Removal - Trash removal will be conducted on a quarterly basis. Trash will be removed by hand from individuals walking in this common area lot. There will be no vehicles (i.e., ATV, Side-by-Sides, cars, trucks, tractors, or motorized vehicles) used to aid in the trash removal. All trash identified will be picked up by hand and placed in trash bags that will be removed from the site on the day of collection. Trash removed from this common area lot will be disposed of in an approved landfill. • Invasive Species Management – Invasive species shall be managed on an annual basis through an arboricultural consultant. Invasive species will be cut at the base by hand with pruners, hand saw, or chain saw in a manner that does not disturb the soil surface. All invasive plants cut from this common area lot will be removed from the site and disposed of in a City of Denton approved landscape waste recycling facility. Herbicide will be used on a spot treatment (stump treatment) basis using the labeled rate, temperature, and seasonality, of an approved herbicide for that particular invasive species. Invasive species are to be defined by species identified published by the USDA Invasive Species Profiles List: Invasive Species Profiles List 1 National Invasive Species Information Center. • Any ground disturbing activity, such as erosion control or maintenance associated with infrastructure surrounding this common area lot will only occur after designs have been approved by the City of Denton. In the event that the property is sold in the future, the new owners must adhere to the maintenance plan in order to retain the natural state and integrity of the ecosystem. Curve Development; CO/ Bear Land Consultants Barrel Strap Residential Project Site – AESA Report 07 September 2023 Page 10 Regions between the mitigation area and DIA will remain vegetated and Chinese privet may be removed to further prevent re-establishment within the mitigation area. Mowing, fertilizer application, and ground disturbing activities will be minimized within the region between the mitigation area and DIA to serve as a protective buffer. 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 Riparian Buffer ESA by removing Chinese privet, an invasive species, which improves opportunities for diverse, native vegetation to thrive throughout the existing buffer. Native seed mixtures will be planted to provide a protective ground cover and functional understory strata. In addition, planting a range of native hardwood sapling species to achieve a final density of no less than 230 live stems per acre will diversify the current oak- dominated grove and increase species richness as well as community productivity. 2 Improve encroached habitat and the surrounding environment. The impacted area will be mitigated by removing Chinese privet throughout the remainder of the on- site ESA as well as from non-graded areas surrounding the ESA to prevent reseeding. Impacts will be further mitigated by planting native trees and grasses to improve ecosystem diversity and overal health 3.Create continuity. The impacted area and proposed AESA are located within a larger mapped Undeveloped Floodplain ESA which extends south along the continuation of the drainage. The impact area is a fraction of the overall ESA on site, and the undisturbed ESA on site will be improved. 4.Maximize access and utilization. An ADA compliant pathway will be constructed within the ESAs along the western side of the tributary and a public access easement will be created for the trail and surrounding 30-foot buffer, allowing residents and the public to utilize the amenity. This will maximize open space within the residential complex and allow for community access to the trail system. 5 Create a conservation easement. As most of the ESA will remain intact and improvements will be made to remove invasive species and increase the native habitat, 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. 6.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 for the impacts by removing invasive understory growth from within and surrounding the remaining ESA, as well as planting native saplings and seeding throughout unimpacted region to increase diversity and provide native ground cover. As Chinese privet currently dominates the ESA understory, the proposed improvements in the unimpacted region will allow native species to reestablish and enrich the overall quality of the region. As such, the proposed development meets the criteria for approval for an AESA. SUMMARY The proposed impact areas include 0.660 acre within the Riparian Buffer ESA and 0.250 acre within the Undeveloped Floodplain ESA, resulting from the construction of roadways, sidewalks, lots, and utilities necessary for the residential development. The 1.028-acre Riparian Buffer and 0.546-acre Floodplain ESA mitigation areas for Curve Development; CO/ Bear Land Consultants Barrel Strap Residential Project Site –AESA Report 07 September 2023 Page 11 the impact areas will consist of removing invasive Chinese privet from the remaining on-site ESA understory, planting native saplings to increase diversity, and seeding the buffer with native grasses to provide a protective, native ground cover. ANNUAL REPORTING CONTACTS Developer/Owner: CUIve Development C/O Bear Land Consultants 208 S. Johnson Street, Suite 101 McKinney, Texas 75069 Contact: Mr. Jared Helmberger, P.E. Phone: 469-834-9979 Email: Jared@oxlandadvisors.com Environmental Scientist: Integrated Environmental Solutions 301 W Eldorado Parkway, Suite. 101 McKinney, Texas 75069 Contact: Rudi Reinecke Phone: 972-562-7672 Email: rreinecke@intenvsol.com Engineer; Spiars Engineering & Surveying 3575 Lone Star Circle, Suite 434 Fort Worth, Texas 76177 Contact: Jordan Huneycutt, P.E. Phone: 972-422-0077 Email: Jordan.huneycutt@spiarsengineering.com Appendix A Figures BIr bRkd?rAh L Figure 1. General Location Map Project Siten Barrel Strap Residential City of Denton Denton County, Texas Feet 1 in = 1 250 feet 0 1.250 t 1;1 File Ref. 04.336.003Date: loBn022 Area of Detail Scale: 1 inch equals 10 miles ;wAit --; T+- TT%-F#& b’" - – Figure 2. City Mapped Environmentally Sensitive Areas (ESAs) HPrqect SIte City of Denton ESA Habitats Cross nm bers Upland (Not Assessed or Assessment Expired) U Water related (Not Assessed or Assessment Expired) [a Floodplain Habitat Riparian Buffer Date Prepared : Project Name: City Project Number: Prepared By: 03 October 2022 Barrel Strap Residential AESA#22-0004 Integrated Environmental Solutions 301 W Eldorado Parkway Suite 101 McKinney, TX 75070 972/562-7672 Mr. Jared Helmberger, P.E Curve Development Bear Land Consultants 208 S. Johnson St, Suite 103 McKinney, Tx 75069 Barrel Strap Residential City of Denton Denton County, Texas Developer: 1 in = 150 feet Feet 0 1 50 File Ref. 04.352.003 Date: 1 0/3/2022 + Iq Figure 3. Onsite ESA Determinations fI ESA Data Form Locations 03 October2022 Barrel Strap Residential AESA#22-0004 Integrated Environmental Solutions 301 W Eldorado Parkway Suite 101 McKinney, TX 75070 972/562-7672 Mr. Jared Helmberger, P.E Curve Development Bear Land Consultants 208 S. Johnson St. Suite 103 McKinney, Tx 75069 and Aquatic Features Unnamed Tributary to Bryant Creek Date Prepared :Project Name: City Project Number: Prepared By:Onsite ESA Determinations Barrel Strap Residential City of Denton Denton County, Texas n = = Cross Timbers Upland - Designation Removed Water related - Designation Removed Floodplain - Confirmed Riparian Buffer - Confirmed Developer: 1 in = 150 feet Feet File Ref. 04.336.003 Date: 1 0/3/2022 Impact Totals: Riparian Buffer - 0.660 acre Floodplain - 0.250 acre Mitigation Area Totals: Riparian Buffer - 1.028 acres Floodplain - 0.546 acres lb a + J Figure 4. Proposed ESA Impacts Project Site Riparian Buffer ESA m Undeveloped Floodplain ESA Direct/ Permanent Impacts Riparian Buffer L_-.] Floodplain Mitigation Area --'-' Floodplain --'-' Riparian Buffer Barrel Strap Residential City of Denton Denton County, Texas 1 in = 75 feet Feet File Ref. 04.336.003 Date: 4/1 7/2023 trla)L=O 10 g g a)L- C) CO qH a)0 g greD 00la> 1 inbN be\I F)JO E ciao a CD 1)< 7) caal E +Ca) Eal0r) >a)a C COa aHl a)E a) > + X : B g !Lace/) a) g : ia (ga q)+ bI VI+U CSa E +Ca)C (B Eb= Q)aaC)aIna < C/) LU g)3on C 10 =laal iF < C/) LU C CD laal 00 LL CD g< >1 a) >L=3 C/) ;!3 on C (S rual IF C 'ru 0 alla0 LL M Dam a ISEq iii ;8 A a C) IS ug£SIDa)ciIa C (B==a Ol a>QI r\r01 0 <IiI Qa)1 aj 3 F)a B!!iEIO a): • Ul JP I & c = :::g;j– _+WHBtED&m =__-+ a) JO E on oa I CD a) a d==1 C) CDal E +C a) Eal0 a) >a)a a) A==I ( a) E > caa -J hUI6 \la caa St ggaLloQCa a) CD E B 0 C/) C) CO 1: JO3n e eu a a)+1 CO a)C-la gg U\+ C) eua E = +1ea)C CS EL=a)a ==C)a)Ina < C/) LU L= HE3 on C CD CDalfr < C/) LU C CO IDal 00 LL CDg<>,a) >3 C/) U a) : 13 on C CD CDalfr C CO laf)- 00 LL11]E a rst 1- . CS a ; }; g {iiBatE ! iI15 { nc: 6 B dgi 28SO.g) <LLO•••Hl•a3a a>! CDOi N0: 0cci: aa>! ai al =q: LC)0 @@@ ny! aJi a E; a Appendix B ESA Assessment Forms Project Number: ESA 21-o027 Floodplain ESA Assessment Form DENTON Environmental 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 Floodplains and assessing this feature may be found on the City of Denton webpaqe. :ropertY f_ddress or :013 H'kaV Creek Rd’ Dent'n’ TX 76210 Feature ID(s): Data P'int 2Property ID: R 38056, 259880 - ‘ 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 to Bryant Branch When available, stream segment name. Width 5' Approximate stream width. Order 1 st Stream order. Assessment Conclusion: Select one of the following. 7 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 floodplain area is relatively natural with dominance from native species of trees, saplings, vines, and ground cover and minimal exotic, invasive species encroachment. Attachments Provided : R e q u i r e d : ; :: iT! aJ: as: e mJ pp h o : gTa: : : :a mi : :s:fn :: : itvuJi ff ItP=oepossed map of feature Other: FEMA FIRM, aerial photography Field Assessor: Name of Field Assessor: Shae Kipp Affiliation of Field Assessor (Organization): Integrated Environmental Solutions, LLC Date the assessment was performed: 30 November 2021 I certify that the information provided here is an accurate description of the area(s) assessed.Shae Kipp Digitally signed by Shae Kipp Date: 2022.03.31 11 :39:18 -05'OO' Environmental Services Representative: I concur with the description of this ESA and conclusion of this 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: young forest Agricultural: – Pasture – Fallow – Crop, crop type: High Intensity: Residential: : Low Intensity 7 Commercial/Industrial Recreational Other: Soil Map Unit Name(s): Provide soil classification types where feature occurs Callisburg fine sandy loam, 1 to 3 percent slopes Konsil fine sandy loam, 1 to 3 percent slopes Gasil fine sandy 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) 7 no yes (answer question below) 7 no Waterway present: 7 yes (complete the table below and RIparian Buffer ESA form) no Waterway 7 natural – channelized – impounded SinuosiW ' meandering – braided – 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 7 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 tative species covering >10% of the feature area.List a// Common nameScienti,name Post oakQuercus stellata Celtis laevigata Sugarberly Chinese privetLigustrum sinese Version 5, Jan. 2022 City of Denton Floodplain ESA Assessment Form Page 2 of 2 Project Number: ESA 21 -0027 Riparian Buffer ESA Assessment Form DENTON Environmental Services and Sustainability A Riparian Buffer ESA Assessment Form is to be completed for each feature identified as potentially to exist on the Official ESA Map. Additionally, any feature identified onsite that potentially has characteristics of a riparian buffer 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 riparian buffers and assessing this feature may be found on the City of Denton webpaqe. Property Address or 5013 Hickory Creek Rd, Denton, TX 76210 Property ID: R 38056, 259880 Property ID can be found through Denton Central Appraisal District Feature ID: Data P"nt 4 Provide a unique ID when multiple features are assessed Hydrologic Segment Information : Name: Unnamed Tributary to Bryant Branch When available, stream or tributary to segment name Width: 5' Approximate stream width Order: 1 st Stream order Assessment Conclusion: Select one of the following. 7 IS an ESA. Based upon this assessment the area is a Riparian Buffer 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 area is not a Riparian Buffer ESA. I recommend the Official ESA Map be updated to remove the ESA designation from this area. Assessment Comments Provide a summary and discussion of details found in the field to support the conclusion selected above. Include a discussion of the Rapid Stream Assessment Techniques and the final verbal s;PI_g_ BsILoon Unnamed tributary of Bryant Creek was confirmed to be present in the field. The creek was flowing at the time of the evaluation and conditions on site indicated that flow would be least seasonal rather than ephemeral. The riparian vegetation was dominated by a post oak forest with a relatively open under story dominated by sugarberry saplings and Chinese privet shrubs. The RSAT scored the stream as "Good" with a final verbal score of 33. Attachments Provided: R e q u i r e d : : :: iT! ! asit e n; pp h o :1 :ru: rpr= : : : : :s : : : : : i:uer:ff:at:rrT ase d map of feature Other: FEMA FIRM, aerial photographs Field Assessor: Name of Field Assessor: Shae Kipp Affiliation of Assessor (Organization): Integrated Environmental Solutions, LLC Date the assessment was performed: 30 November 2021 I certify that the information provided here is an accurate description of the area(s) assessed.Shae KippDigitally signed by Shae Kipp Date: 2022.03.31 11 :39:43 -05'OO' Environmental Services Representative: I concur with the description of this ESA and conclusion of this assessment. Version 5, Jan. 2022 City of Denton Riparian Buffer ESA Field Assessment Form Page 1 of 8 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: Agricultural: – Pasture – Fallow – Crop, crop type: 7 Residential: – Low Intensity 7 High Intensity 7 Commercial/Industrial Recreational Other: Potential pollutants from current drainage area: 7 urban/suburban landscape maintenance intensive agricultural use water feature has steep slopes water feature used for recreation other: T urban/suburban parking lots or roads grazing animals have access to water feature plant or animal species of concern present waterway a drinking water source/adjacent to well Proposed construction activity in the drainage area of the water feature: Low impact potential (parks, low density residential) T High impact potential (high density residential, commercial development) Gas well plat Benefit(s) current Riparian Buffer offers to the water feature: 1 intercepts sediment : provides fish habitat T intercepts nutrients T improves wildlife habitat intercepts pesticides T stabilizes streambank T intercepts other pollutants T unique aesthetics / privacy other: Soil Map Unit Name(s): Provide soil classification types where feature occurs. Callisburg fine sandy loam, 1 to 3 percent slopes Konsil fine sandy loam, 1 to 3 percent slopes Section 2. System Conditions Stream Bank: Evidence of frequent water level changes Slope of bank Soil class Active erosion Existing plant cover Dominant cover Large leaning trees Invasive exotics present yes 6 % clay – sand 7 loam – gravel – ledge slight – moderate – severe little to none – moderate ? well vegetated cement – bare – grass – shrub 7 young forest J mature forest yes / no / yes no Ifyesf species: Chinese privet % infestation: .15 Top of Bank: Existing plant cover Dominant cover Invasive exotics present – little to none – moderate ? well vegetated – cement – bare – grass – shrub 7 young forest – mature forest 7 yes – no if yes, species: Chinese privet % infestation: .15 Version 5, Jan. 2022 City of Denton Riparian Buffer ESA Field Assessment Form Page 2 of 8 Above the Bank: Slope Direction of slope Runoff flow Active erosion Existing plant cover Dominant cover Invasive exotics present 10 % 7 toward the water feature – sheet flow across the land 7 slight – moderate – severe – little to none – moderate ? well vegetated – cement – bare – grass – shrub 7 young forest 7 yes – no if yes, species: Chinese privet away from water feature 7 concentrated flow mature forest % infestation: .15 Section 3. Brief Vegetation Survey Ust all vegetative species where feature occurs for species covering >10% of the feature area and provide hydrophytic vegetation indicator of the specIes C Bank: Quercus stellata Celtis laevigata Common name Post oak Sugarberry 85 10 FACU FAC BankHydrophytic Vegetation Indicator: 1 : 1 (Number of plant species that are OBL, FACW and FAC to number of plant species that are FACU and UPn Buffer: Quercus stellata Celtis laevigata Common name Post oak Sugarberry 85 10 FAC U FAC Buffer Hydrophytic Vegetation Indicator: 1 : 1 (Number of plant species that are OBL, FACW and FAC to number of plant species that are FACU and UPn Section 4. Hydrology and Hydric Soils Indicators Hydrology Indicators: Primary inundated soil saturated in upper 12" water marks drift lines sediment deposits evidence of drainage pattern Comments: No concave depressions - does not Road for long periods Secondary oxidized root channels in upper 12” water-stained leaves county soil suIvey fac-neutral test Version 5. Jan. 2022 City of Denton Riparian Buffer ESA Field Assessment Form Page 3 of 8 Hydric Soil Indicators: histosol histic epipendon sulfidic odor aquic moisture regime reducing conditions gleyed or low chroma colors Comments: No hydric soils concretions high surface organic content organic streaking in sandy soils listed on local hydric soil list listed on national hydric soil list other: Section 5. Rapid Stream Assessment Techniques (RSAT) The Rapid Stream Assessment Techniques is adapted from the Texas Commission on Environmental Quality’s Surface Water Quality Monitoring Procedures, Chapter 9. Physical Habitat of Aquatic Systems. To complete the RSAT provide a score for each table, as applicable. Sum Tables 1 – 6 scores and provide the average using a whole number. Complete Table 7 with these scores. Provide a total RSAT score and a verbal score. Please note, the order of tables 4 and 5 were switched at Version 5 of this form. Table 1: Channel Stability Indicative of hydrological flow regime alteration and general condition of physical / aquatic habitat and provides insight into the past, present, and possible future changes in stream channel morphometry. Score Selection: X Good (8 – 6J 71-80% is stable, infrequent signs of bank sloughing, slumping or failure Fair (5 – 3J 50-70% is stable, some signs of bank sloughing, slumping or failure Unstable: outer bank height is substantially above stream level, substantial bank overhang Poor e – 0J < 50% is stable recent or frequent signs of bank sloughing, slumping Highly unstable: outer bank height significantly above stream level overhangs large and deep No trees exist, or young exposed tree roots are abundant, 6 or more recent large tree falls per stream mile. Score Stability of bank network > 80% is stable, no evidence of bank sloughing or failure Stream bends at study site or immediate vicinity of study site Very stable: outer bank height is slightly above stream level, bank overhang minimal Stable: outer bank height 2-3 ft. above stream level, bank overhang slight to moderate Old, large, and woody exposed roots, generally 0-1 recent large tree falls / stream mile Old and large exposed roots, some smaller young roots, 2- 3 recent large tree falls / stream mile Young exposed tree roots are common, 4-5 recent large tree falls per stream mile 7 Exposed tree roots Presence of highly erosion-resistant plant/soil matrix or } dominant material in bottom 1/3 of bankmMs; a- jgenerally,o e section shape [shaped i --"'-- -' ! shaped Table 1 score (average of points given, rounded to nearest whole number) 4 present compromised severely compromised or nonexistent. “wide” U wide trapezoid to rectangle shape 7 Version 5, Jan. 2022 City of Denton Riparian Buffer ESA Field Assessment Form Page 4 of 8 Table 2: Channel Scouring and Sediment Deposition Relates to the level of uncontrolled storm water runoff, sediment load, and transport and degradation of in-stream habitat. Score Selection: Excellent (8 – 7)==HENa with sand/silt Good (6 – SJ a o Score 150 – 79%>75% larger stream order: <35% embeddedness 35 – 59%60 – 85%>85% Potential for deep i High number of pooIs ; Moderate number ! Low number pools 2 ft or greater, substrate condition : PooI substrate <30% 1 30-59% sand/silt 160-80% sand/silt sand/silt Few, if any 6 >80% sand/silt Frequency of streak marks and/or banana-shaped deposits Fresh, large sand deposits in channel and on overbank areas Absent Uncommon 8 Common Very Common Oicommon, fresh localized deposits along top of low banks i;bh-;;Id stable, well vegetated, moderate fresh sand Table 2 score (average of points given, rounded to nearest whole Rare or absent Common, fresh deposits along top of low banks Large deposits in channel and along major portion of overbank area Moderate to large, unstable, high amount of fresh sand 6 Frequency and condition of point bars Few, small, stable, and vegetated Large and unstable, high amount of fresh sand number) 7 6 Version 5, Jan. 2022 City of Denton Riparian Buffer ESA Field Assessment Form Page 5 of 8 Table 3: Physical In-Stream Habitat Relates to the ability of the stream to meet basic physical requirements necessary for the support of a well-balanced aquatic community (i.e, water temperature, water velocity, substrate type and quality) Score Selection: Excellent (8 – 7)Good (6 – 5)Fair (4 – 3)Poor (2 – 0) Score Percent wetted perimeter of channe bottom during base flow events Frequency of diverse habitat (riffles, runs and pools) and flow when water is present Percent; of riffle =aTePr: i t(i =bfI Fen: :a A e r > 5 0 % gravel) Typical base flow riffle depth (non-stormwater 1 >6" base flows) T ools Summer afternoon E: : Fr: :: :dP=:ia::: : :e e 1 < 8 2 d e g r e e s F canopy coverage) 6 >85%61 – 85%40 – 60%<40% ,:E;:diverse flows E---:": '-: "- ":-relatively uniform One habitat type dominates, velocity and flow uniform 1 49 – 25%24 – 5%Dominated by sand or silt 5.9 – 4.0”3.9 – 2.0"<2“4 24 – 18”18 – 12”< 12”8 Minor Moderate Extensive 8 82 – 89 89 – 94 >94 Version 5, Jan. 2022 City of Denton Riparian Buffer ESA Field Assessment Form Page 6 of 8 Table 4: Riparian Habitat temin stream tu re Score Selection and both aquatic and terrestrial habitat conditions. Poor {1 – 0) Mostly non-woody vegetation with narrow rIparIan zones Canopy coverage <45% Is the water feature actively flowing? 7 Yes, surface water is flowing and there are connects pools. Complete Tables 5 and 6. No, standing water, waterway is dry, or there are dry beds are seen between pools. Skip Tables 5 and 6. Table 5: Water Quality Indicative of watershed perturbations and general level of human activity, point and nonpoint source pollutant loadings, and aquatic habitat conditions Considered to be the best overall indication of stream health and the level of watershed Score Selection Table 6: Biological Indicators turbation. Macroinvertebrate community diversity Low diversity predominantly pollution-tolerant specIes. Very low number Version 5, Jan. 2022 City of Denton Riparian Buffer ESA Field Assessment Form Page 7 of 8 Table 7: RSAT Su Score – flow 1. Channel Stabil 2. Channel Scouri 'De on 3. P ical In-Stream Habitat lrian Habitat4. R 5. Water Qual 6. Biological Indicators To-taI-Score Score – no flow 33 – Excellent (42-50) J Good (30-41) Fair (16-29) Poor (<16) Excellent (29-34) – Good (20-28) Fair (11-19) Poor (<11) Verbal Score from Total Score Version 5, Jan. 2022 City of Denton Riparian Buffer ESA Field Assessment Form Page 8 of 8 APPENDIX C Tree Inventory Data ni1 q:r@0 a Wg1:10 • i ii41dP P'la Lqb li lii SUIvey Area E] Riparian Buffer ESA Floodplain ESA ED Impact Area Mitigation Areas --'-' Riparian Buffer --'-' Floodplain Trees within the Unaffected Riparian Buffer0 Trees within the Proposed Impact Area• Barrel Strap Residential City of Denton Denton County, Texas 1 in = 38 feet 380 EW S0ma Figure 1B. 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(X) Ia) : = (C) P g e = (X) :NO FIN PIg SOON On OO NOON O L=(alaa)OX AZAd jd X Xg 88 88 8 bt(a0 bCC)(D'3 C)CD JO la J xxIElBIU a) bC CO0 xx Egga TDa) a) a)00 Lb b ++ CtI CU tO :bW :g= =:g H:g W:i E a a)O i) la Ei) alaa)O EE Eaaa Ei) L= COlaa)O E T) L= CDlaa)O Ei) L= COlaa)O Ea bn COlaa)O al JO al L= L= L=COCO COla la laa) a) a)000 +1 CU In It E CS +1=a) i;QbwPIn on REFiNe') raiN (') (pKi a: (Q Cr) h iP ta !!IJ IaEII1II111; (11111111[; iP :2 1aII15 iS :::: I) :PcriSE:2 00 Cr) a2 Cq a2 (9000) LO sr qr LO sr bad OK) Nb ECedaRK : ::: aS Nd daRK NN aNd HeR in 8 JP 1: 9 S E :9 P 8: = N 8 X X: Hi k RiHE I& aIRINIRIR1 NIKI HIFI NIKI NI NIKIb = IF= T= F T= F T= T- FFF Fr FFFZ rCN Cf) sr LOCO bOO a) 0 rOger) sr LOCO bOO a) oF-+ \txt -aRt -+ st st st LO LO Lr) LOK) LOK) LO LOK) (OCDr\logo\InI CIal RIO\lOg eg CIOg al Og al ago\log CHeNeyFFF FFF FFF FFF T= FFF FFF= F T= B}} <a) LU laa EIniFCa C) a)ex B :8 gE p 10000000000000000000 000000000000000000HId) cb (j) cbd) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a)WI –I –I –1 –I –I –I –I –I –I –I –I –1 –1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 IIqIIFT FFF FFF FFF FFF FFF FFF Fur FerreT- FFF rrp FFFJtCDID IDID COCO COCO COCO COCO COCO (DID COCO (DOCDOO VO OOO (OO GOOD OOO C t H i g+ n } {oOgc tTI gg-+Ic inlao(SE 881ooooooooooooooooo oooooooooooooooooooo\oI!won nBI >, >, >, >, >, >, >, > >, > >b >1 >b >i >i >B >b >b >1 >b >i >b > > >i >1 >1 > >1 >b >1 >b >i > >i >b >rE .Hla £££££££££££££££££ ££££££££££££££££ JC JC aF; = IF=s = F== =++ = == = == =+Z = HR= = =q = =B= = =a= = FB = =B= = =q= = = =raDIo aa aa aa aa aa aa aa aa CD aQa OOO a aaa (ua a aaa aaaa eIa) dO dO ooo ooo ooo ooo ooo ooo ooo a) ooo ooo a) a) oa)(5 fRI= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = 00b CO a)a) CDa2B flo ooo ooo ooo ooo ooo ooo ooo ooo ooo ooo ooo ooo4312222222222 2222222222 zz zz 2 z 2222222 zz 22jtS al (SIn+1in G)InL- (S on q)a = C) ,dllnllb 1 8 1 1b 1:111111111E) 1=1EII1111) 1EI1111Db aLI baD LeN RIEgS al) = g = CD IN : eal ) = e : CD by gb : aDE INtl lgbt bt bC bE ii!!!!§§;;{{}{}}§{{{j{§j§g{}{}}}; iiijg li CD (uav tO uSaB) I!!11==;=;;;;;;=;;;;=;;;;=;;;;;;;;;;=;;;=;Sg) --=’ al In OWICq COst K) (ON OOO) Or Cq a) qU> (ON OOO) OPeNeD sr K) (ON OPeN COVe) CONGO a) QgB 1888888 KIKI kkk kkk kkk hR RR 8888 RaR aRia Riaa a 838P DIrT- TnT FFF FFF FFF FFF rTF Prr FFF Prr Prr FFF FFFZ laaUl6 (a giEA(B a <tri LU laa) EIn B :CaC) a)EX li :8 gE FIO 00000000000000000 0000000000000000000F= 10) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) no)bY I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 JIG 8888888888888 88888888888888888888 :388 C I P g g+ nE)! ioOgc ITd gg-we inlaoHE 881ooooooooooooooooo oooooooooooooooooooo NeIIvan TO 1 >b >1 >1 >b >1 >1 >1 > >1 >1 >t >b >b > > >1 >1 > >b >1 > >1 >1 > >1 >b > > > >1 >1 > > >b >1 >b >A:'Rl££££Jc£££££££££ ££££££££££££££££££££ = = =E lola Baa Baa Baa Baa Baa Baa Baa Baa Baa aa aa aa aa aa CIa) OOO a) OOO OOO OOO oa) OOO OOO OOO OOO oa) O O a) a) a) oa)(5 fql= II = = 1 = II = 1 = = = = = = = = = = = = = = 1 = = = ][ I = 1 = = = = C = = = = = = + + + +P + + + = = = = = = = = = = = = = = +1 = 00 bN a)a) CDa gn n: 1 111g 111: 111g 11g I11g 11g 111g I11g g g 2 gg :gIgig gig gg gg g gIg gdgIg gIgIg gIg :gIg gIg a St= b a _Ial 3 ;- g j g I IIIIIIIIIIIiI•I) = X y = = e R y e P 9 E 1EIIX) L) egg bbqL) ILDNILD Peal) ! NILD = Eg = aDeaDiII rYU al (SIn+1 U) a)Inb= (B a3 on q) C) >! 1 +d +o O += + + +H += +d +a +I +d +J + +a :\ + + + +p +u +a +a +-I +B +a gO +a gO a +nI += +-p += aD +H +-I'g18 g : 8 8 8 8 8 8 8 8 8888 .g 8888 8 8 8 8 8 8 : 8 : : 8 g 8 8 : 8 8aIEX g Jd JC jC Jd AC XX jd AZAd ACE ?I Jd Je jd jC Jd X jd Jd Jd X SACS SX AC AC Jd gAZE gIg 8 :3888888888888 B 8888888888 KB 8 :it: 8888 IB 88a) liLa 6 dd dad add add a Bad il dil il dil il a 6 a 66 il haLal add -iS0 a B) A lj ! ! IF F= qqLog qQ d2 9 QoyoK2a)K)©K2 a2 K) Oral voX Xv a2 0009o2 SEqEu) q r g iiI' ye'R=gRegg;g;;;ye'*'';';eg*e*;Egg;''‘HQ --’ nIh ab a gIF al CPV q) bOO a) oF ONe) stU) (ON 000) OPeNeD qF LOCO bOO a) oF eu CORFU) (ON 00a BIO 0000 rr regeNcy CN Cq cuRley CURIeD COCO COCO CD eP) COCO coRr qr sr V sr SFX 'gsrGE ICr) Cr) a) Cr) Cr) Cr) K) Cr) Cr) Cf) Cr) Cr) Cf) Cr) Cr) Cf) Cr) Cr) Cr) Cr) Cf) Cr) Cr) Cr) Cr) Cr) Cr) Cr) (f) Cr) Cr) Cr) Cf) Cr) Cr) colmb = IF FFF FFF rrp FT= FFF rrp FFF Prr Fr Prr FFF FFF Fr In Z a0 E ISa) nUnnB}} < U) LU la a) EIn \1 :CaC) a)EXli :8 := gig C 1= H ; g:–• n LED ! :OC>geI-B1 > -:: qInIItri Dg:HE 8 BIo o 8 g iiig 00 &b-0 00 a)a) 10a G)tIn (S an G) >In3 C) L= CDlaa)On :2 x bgUHf dualcr)incaoa) +1E !1I= .I gI'' -g '--PI DO In g :jgBb SIG +Z APPENDIX D ESA Tree Preservation – Special Conditions Narrative ESA Tree Preservation - Special Conditions Narrative Cyrene at Hickory Creek 9-6-23 For further clarification on the preservation of some of the trees within the AESA at Cyrene at Hickory Creek, the following list shall add some extra detail to the specific conditions of each tree. The following trees shall be a part of the precon meeting on site to specifically verify the existing conditions and special care for each tree List of ESA trees: 1111-ESA – preserved 1) The ESA fence shall be carefully installed around the location of this tree 2) The proposed retaining wall will work outside the esa fence to the north and east of this tree 1225-ESA – preserved 1) This tree is located close to the rip rap outfall 2) All riprap located within the CRZ shall be hand placed and verified in field 1226-ESA - preserved 1) This tree is located close to the rip rap outfall 2) All riprap located within the CRZ shall be hand placed and verified in field 1228-DIA – preserved 1) This this is close a proposed esa fence. The fence shall be carefully installed per plans and any grading in area next to CRZ shall be hand graded 1229-DIA – preserved 1) This this is close a proposed esa fence. The fence shall be carefully installed per plans and any grading in area next to CRZ shall be hand graded 1232-DIA – preserved 1) This this is close a proposed esa fence. The fence shall be carefully installed per plans and any grading in area next to CRZ shall be hand graded 1234-DIA – preserved 1) This this is close a proposed esa fence. The fence shall be carefully installed per plans and any grading in area next to CRZ shall be hand graded 1219-DIA – preserved 1) This this is close a proposed esa fence. The fence shall be carefully installed per plans and any grading in area next to CRZ shall be hand graded 1250-DIA – preserved 1) This this is close a proposed esa fence. The fence shall be carefully installed per plans and any grading in area next to CRZ shall be hand graded 1291-DIA – preserved 1) This this is close a proposed esa fence. The fence shall be carefully installed per plans and any grading in area next to CRZ shall be hand graded 1304-DIA – preserved 1) This this is close a proposed esa fence. The fence shall any grading in area next to CRZ shall be hand graded 1305-DIA – preserved 1) This this is close a proposed esa fence. The fence shall any grading in area next to CRZ shall be hand graded 1306-DIA – preserved 1) This this is close a proposed esa fence. The fence shall any grading in area next to CRZ shall be hand graded 1312-DIA – preserved 1) This this is close a proposed esa fence. The fence shall any grading in area next to CRZ shall be hand graded 1348-DIA – preserved 1) This this is close a proposed esa fence. The fence shall any grading in area next to CRZ shall be hand graded 1019-DIA – preserved 1) This this is close a proposed esa fence. The fence shall any grading in area next to CRZ shall be hand graded 1021-DIA – preserved 1) This this is close a proposed esa fence. The fence shall any grading in area next to CRZ shall be hand graded 1011-DIA – preserved 1) This this is close a proposed esa fence. The fence shall any grading in area next to CRZ shall be hand graded 1010-DIA – preserved 1) This this is close a proposed esa fence. The fence shall any grading in area next to CRZ shall be hand graded 1035-DIA – preserved 2) This this is close a proposed esa fence. The fence shall any grading in area next to CRZ shall be hand graded 1057-DIA – preserved 1) This this is close a proposed esa fence. The fence shall any grading in area next to CRZ shall be hand graded 1053-DIA – preserved 1) This this is close a proposed esa fence. The fence shall any grading in area next to CRZ shall be hand graded 1095-DIA – preserved 1) This this is close a proposed esa fence. The fence shall any grading in area next to CRZ shall be hand graded be carefully installed per plans and be carefully installed per plans and be carefully installed per plans and be carefully installed per plans and be carefully installed per plans and be carefully installed per plans and be carefully installed per plans and be carefully installed per plans and be carefully installed per plans and be carefully installed per plans and be carefully installed per plans and be carefully installed per plans and be carefully installed per plans and Temporary Tree Protection Bumper: All tress listed above will receive the temporary tree protection bumper as detailed below in the exhibit ' SPACING AS NEEDED TO SUPPORT WIRE wrrHOLrr CLrrrING TREE BARK SCRAP 7 X4' LUMBER MAY BE USED TO SUPPORT WIRE ON BACK SIDE OF TREE PLAN VIEW r X 4' X 6' LUM\ (TVP STEEL WIRE TO TIE LUMBER TO TREE NOTES t THIS TREE BUMPER DETAIL SHALL BE USED WHEN WORKING WITHIN IO' OF AN EXISTING TREE TO BE PROTECTED 2 ALL TREES SHALL BE SAVED UNLESS OTHERWISE NOTED ON THE PLANS OR DIRECTED BY THE CITY 3 LUMBER. WIRE. AND SANDBAGS MAYBE REUSED Al OTHER tREES 4. THE iNrENT OF THIS DETAIL IS TO PROTECT EXISTING TREES FROM DAMAGE DURING CONSTRUCTION. AN ALTERNATE APPROACH MAY BE USED IF APPROVED IN WRITING BY THE CITY USE A COMBINATION OF EXTENDED 2X4S AND SAND BAGS TO PROTECT THE BurrRESS ELEVATION VIEW TEMPORARY TREE PROTECTION BUMPER=FDIIISa- BEI-FI General Notes: All of the trees listed above are to be verified in field for the exact conditions surrounding the tree. These measures along with instructing the contractors on the importance of these trees is crucial to the success of the overall project. -Curve Development 9-6-23 gIg @ g 8 iidg i( gi By E -1 e i .en!;Llii gal k !! ! ! ! ! I l@) 'I\d g J {\{B}}: ifR g,gg i ! / /; %if AT g !