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2004-154AN ORDINANCE APPROVING A NOTICE OF RESTRICTION FOR A STREAM AND STREAM BUFFER AREA PRESERVE ASSOCIATED WITH THE CONSTRUCTION AND MANAGEMENT OF LAKE FOREST PARK, WHICH PRESERVE AREA IS A 5.6 ACRE TRACT OF LAND BEING IN THE T. LABOR SURVEY A-779 AND THE N. BRITTON SURVEY A-51, DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute a Notice of Restriction for a stream and stream buffer preserve associated with the construction and management of Lake Forest Park, in substantially the form of the Notice of Restriction which is attached to and made a part of this ordinance for all purposes. SECTION 2. The City Manager, or his designee, is authorized to record the Notice of Restriction in the Land Records of Denton County, Texas. SECTION 3. approval. PASSED AND APPROVED this the This ordinance shall become effective immediately upon its passage and /~[5~' day of 5/r~/B ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPR&-; ~S ~O LEGAL FORM: BY: NOTICE OF RESTRICTION The City of Denton, Texas is the owner of that real property more particularly described in Exhibit "A" (hereinafter the "Property") and shown on the map in Exhibit B, both attached hereto and made a part hereof. The Property is subject to special conditions ofU. S. Army Corps of Engineers (USACE) Section 404 Permit Number 200200014, dated November 4, 2002, which places restrictions against the Propeity for the purpose of providing compensation for adverse impacts to waters of the United States. Therefore, any purchaser of all or any part of the Property or any person having an interest in or proposing to acquire an interest in all of part of the property, or any person proposing to develop or improve all or any part of the Property, is hereby notified that development restrictions affecting the Property are as follows: I) The Property, or a portion of the Property, is hereby dedicated in perpetuity as a stream and stream buffer area preserve associated with the construction of Lake Forest Park. The Property shall be managed consistent with the mitigation plan which is on file in the City Secretary's office, 215 E. McKinney, Denton, Texas 76201 and incorporated herein by reference and shall not be disturbed except by those USACE-approved activities that would not adversely affect the intended extent, condition, and fimction of the mitigation area. Any other change, modification, or disturbance of the dedicated property shall require prior written approval by the District Engineer, USACE, Fort Worth District, or his/her duly authorized representative. 2) This restriction shall not be removed or revised without obtaining a modification of the aforementioned USACE authorization and/or prior written approval of the USACE. PenvJt modifications may be granted only by the USACE. This notice of restriction does not grant any property rights or exclusive privileges. EXECUTED THB /~/~ day of ~///~/t~ffJ~'~ ,2004 Michael A. Conduff City Manager ATTEST: JENNI~'ER WALTERS, C?~SECRETARY Page 1 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § This insmmtent was aclmowledged before me on the/~day of Conduff, City Manager of the City of Denton, Texas on behalf of said city. L5 ff ,2004 by Michael A. ..%-,;.,,7;... JANE E. RICHARDSON ~'; ~'W6~;" June 27, 2005 ~i '~ My Commission Expires Nc~ary Public in and for the-State of Texas Name: Page 2 ;'la~ 05 04 ]2:22~ Mathan D Meier C.E. WETLANDS MITIGATION AREA EXHIBIT "A " 5.6000 ACRE TRACT DESCRIPTION BEING all Chat certain lot, tract ar parcel of lend situated in the N. Britton Survey, Abstract No. 51, in the City of Denton, Denton County, Texas, end being a portion of that certain tract of land conveyed to the City of Denton. Texas according to the Warranty Deed recorded in Volume 5224, Page 2912 of the Real Property Records of Denton County, Texas, said tract being a portion of Lot 1. Block A of Leks Forest Good Samaritan Village, an addition to the City of Denton, Texas, according to the plot thereof recorded in Cabinet "F", Page 36 of the Plat Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at point in the westerly line of the aforementioned C~ty of Denton, Texas tract, from whence the most northerly northwest corner of said City of Denton, Texas tract bears N 00'15'54" E ~ 748.52 feet; THENCE, departing the westerly Texas tract, the following: N 64'55'11" E, 59.51 feet; N 78'0g'15" E, 148.19 feet; S 00'11'19" W, 110.00 feet; S 78'09'15" W, 145,91 feet; S 64'33'11" W, 31.84 feet; S 85'20'34' W, 119.71 feet; S 05'59'52" W, 148.99 feet; S 20'19'50" W, 121.45 feet; S 27'55'55" W. 58.82 feet; S 19'04'25" W, 48,03 feet: S 07'55'44" W, 47,75 feet; S 02'55'15" W, 61.62 [set; S 04'58'06" W, 60.49 feet; S 25'34'51" E, 53.18 feet; S 27'37'05" E. 74.26 feet; S 17'55'31" W. 89.56 feet; S 62'55'45' W. 73.57 feet; N 45'49'09' W. 53.11 feet; line of sold City of Denton, N 87'51'14" S 89'47'46" N 89'47'46" S 67'51'14" E, 68.45 feet; E, 144.74 feet; W, 153.16 feet; W, 55.10 feet; 79'59'15" S 27'25'51' S 47'51'47" S 30'58'56" 22'47'24" 19'04'50" 23'22'34" 10'59'52" 04'00'44" 29'37'58" 15'19'01" 56'29'22" 50'26'29" 73'45'02" W. 91.60 feet; W, 84.60 feet; W, 70.14 feet; W, 72.94 feet; W. 55.54 feet; W, 57.10 feet; E. 84.17 feet; W, 163.44 feet; E, 57,90 feet; E, 66.91 feet; E, B2.04 feet; W, 56.00 feet; W, 158.11 feet; W. 24.03 teat; p.2 PACE I OF 3 [NDM NA'IHAN D. MNER CONSULTING ENGINEERS. INC. TWO Northpork / 8080 Park Lone / Suite 600 Dallas, Texas 75231 / Ph. 1214) 759-4741 05/05/04 04-04-042 4042EXOl. dwg Hathan D Haler C.E. WETLANDS MITIGATION AREA EXHIBIT "A " 5.6000 ACRE TRACT DESCRIPTION (continued) N 45'49'09" W, 55.11 feet; N 75'43'02" W, 24.03 feet N 85'55'46" W, 61.42 feet; S 41'12'24" W, 68,42 feet; S 71'21'18" W, 4[.02 feet; S 70'57'19" W, 66.56 feet; N 75'48'41" W, 85.14 feet; THENCE S 59'29'35" W, 203.09 southerly line of the eforementloned troct; S 59'20'28" W, 19.55 feet S 62'55'17" W. 45.64 feet S 40'33'55" W, 68.46 feet; S 85'32'13~ W. 71.74 feet; S 71'58'56" W, 71.15 feet; feet to o point In the City of Denton. Texos THENCE N 89'33'03' W, with the southerly line of sold City of Dentoe, Texos trect0 52.26 feet; THENCE N 89'64'50" W, continuing with the southerly line of seed City of Denton, Texos troct, 154.10 feet to e point from whence the southwest corner of sold City of Denton, Texes trect beere N 89'54'50" W ~ 100.00 teet; THENCE, deporttng [he southerly line of so;d City of Denton troct, the followin~: N 00'29'54" W, 27.12'; S 10'56'02" E0 80.62 feet; S 26'13'41" E. 45.53 feet N 65'26'28" E. 54.63 feet N 40'53'55" E, 68.65 feet N 62'55'17' E, 30,37 feet N 58'11'04" E, 43.79 feet S 72'34'46" E, 44.11 feet; S 50'46'05" E, 122.64 feet; N 35'54'27" E. 57.05 feet; N 15'19'01" W. 61,89 feet: N 29'37'58" W, 66.67 feet; N D4'00'44" W, 50,31 feet; N 10'39'32" E, 139.15 feet; 59'29'35" E, 468.45 feet; 63'46'19" E, 50,00 feet 76'32'24" E, 56.24 feet 70'57'19" E. 36.59 feet 71'21'18" E, 51.10 feet; 41'45'39" E, 65.92 feet; 85'35'46" E, 82.42 feet; 43'49'09" E, 61.81 feet; N 62'53'45" E, 28.20 feet; 17'35'31" E, 65.41 feet 27'37'05" W, 67.99 feet 23'34'51" W, 64.44 feet 04'58'08' E, 66.90 feet N 05'41'25' E, 68.96 feet p.3 PAGE 2 OF ,.7 NATHAN D. MAIER CONSULTING ENGINEERS, INC. Two No~hpork / 8080 Perk Lone / Suite 600 Dollos, Tex~s 75231 / Ph. (214) 739-4741 05/05/04 JOB N~ 04-04-042 4042EXOl.dwg Hathan D Ha~er C.E. 21~739596! I ZTLANDS MITIGATION AREA EXHIBIT 'A ' 5.6000 ACRE TRACT p.~. PAGE 3 OF 3 DESCRIPTION (cant lnued) N 23'22'34" W, 87.62 feet; N 07'53'44" E. 66.64 feet; N 19'04'50" E, 61.99 feet; N 19'D4'25" E, 49.65 feet; N 22'47'24" E. 89.27 feet; N 27'36'5.3" E, 62.40 feet; N 30'58'56" E, 69.74 feet; N 20'19'30" E, 129.02 feet; N 47'51'47" E, 62.82 feet; N 05'44'`35" E, 129.98 feet; THENCE N 68'35'56" W, 54.62 feet to e poln[ in the westerly line of the aforementioned City of Denton, Texas tract; THENCE N 24'55'01" E, with the westerly I~ne said City of Denton, Texas tract 159.`30 feet; THENCE S 86°55'5`3" E, continuing with the westerly tlne said City of Denton, Texoe tract 248.41 feet; THENCE N 00'15'54# E, continuing with the westerly line said City of Denton, Texas tract 42.29 feet to the POINT OF BEGINNING and containing 5.6000 acres or 243.9.37 square feet of land, more or less, BASIS OF BEARINGS: The basis of bearings for the herein described tract is the most northerly w~st line (coiled N 00'15'54" E) of the C~ty of Denton, Texas tract os described in the Warranty Deed recorded in Volume 5224, Page 2912 of the Real Property Records of Denton County, Texas qDM NATHAN D. MAJER CONSULTING ENGINEERS, INC. Two Northpork / 8080 Perk Lone / Suite 600 Dallas, Texas 75231 / Ph. (214) 739-~.7~-1 05/05/04 JOB NO. 04-04-042 4042EXOI.dw9 MaW 05 O~ 12:23p Mathan WETLANDS MITIGATION AREA EXHIBIT "B" 5.6000 ACRE TRACT RYAN ROAD UN£ TABL~ LINE BEA~tNG & ~SIrANCE La N ~o.2r29' w ~,' POiNT OF ua ~ z,r,~o~' ~v 2,~.~' ~EGINNING& 5224, PG. 29~2 LOT I BL~K N ~' ~ ~ .' ~ ~$ ~' W ~0 SAMARITAN :'~ , . , C~, '~ PG. 36 ~-~' R.P.R.O.C. ~ 05/05/04 Two No~hpo~ / 8080 Park Lone / Suite 600 J~ NO. 04-04-042 Dallas. Texas 75251 / Ph. (214) 739-4741 4042EXO1, dwg Wdvanced Ecology, Inc. KHVN10NMtNTAL CONSULTANTS • Sire Assessments & Services • Wetland Delineations, Permits & Creation • Endangered & Threatened Species • Wiidiife Management December 9, 2002 Mr. Ed Hodney Parks & Recreation Department 321 E. McKinney Street Denton, Texas 76201 Telephone: (940) 349-8269 Facsimile: (940) 349-8384 DOUGLAS L. RmmouR General Manager / Biologist 2000 E. Lomor Blvd., Ste. 600 Arlington, Texas 76006 Bus. 8171588-3076 Fox 817/588-3077 Re: Letter of Understanding for the Satisfaction of Wetlands Mitigation Obligations As Outlined in Advanced Ecology, Inc.'s Wetlands Mitigation Plan Dated November 5, 2002 and Created for Hunt Properties, Inc. Department of the Army Permit Number 200200014 Mr. Hodney: Advanced Ecology, Inc. (AEI) is pleased to have been able to work with the City of Denton, Texas in exploring (and subsequently establishing) wetlands mitigation opportunities within the City of Denton. As the proposed preservation of approximately 5.6 acres in and along a tributary of Fletcher Branch and along an associated on-channel lake has (as of November 8, 2002) been officially approved by the U.S. Army Corps of Engineers (USACE), AEI is writing to hereby confirm your approval of specifics within the above-referenced Wetlands Mitigation Plan (the plan). Implementation of, and adherence to, the plan is required of the permittee in order for the permittee to remain in compliance with the above-referenced permit. As previously discussed, the City of Denton will accept a check for the amount of $50,000.00 to provide for the allowance of the perpetuity of approximately 5.6 acres of land more specifically described and illustrated in the plan. Provided funds are intended to cover acquisition, preservation (including taxes), surveying, and deed recordation costs. Initially, AEI will work with the City of Denton in identifying and establishing the boundaries of the subject 5.6 acres. The permittee and/or AEI will work with the City of Denton and the USACE in developing appropriate deed restriction language to be provided to the City of Denton for recordation. In addition, the permittee and/or AEI will fulfill all compliance reporting obligations outlined in the plan. Acceptance of, and agreement to, the attached Wetlands Mitigation Plan, as well as conditions presented herein, may be indicated by signing below and returning the same via facsimile to AEI's Arlington, Texas office at (817) 588-3077. Pending acceptance by both yourself and the permittee, and following your receipt of funds to be provided in full by the permittee, AEI will coordinate the next sequence of events to take place. It is important to note that, if for any reason, the City of Denton is unable to provide for the acquisition and perpetuity of the specified area that is to serve as the permittee's partial mitigation, the City of Denton is to reimburse the permittee's forwarded funds in full. We at AEI appreciate the opportunity and look forward to working with you and the City of Denton on this and other projects. Feel free to call should you have any questions or comments regarding the above. Sincerely, Advanced Ecology, Inc. Doug Ridenour General Manager / Biologist Attachment: Wetlands Mitigation Plan, Dated November 5, 2002 Accepted in accordance with this Letter of Understanding by: Date: IdI l o s-- Ed Hodney, D' ctor City of Denton Parks & Recreation Department 2 Vdvanced Ecology, Inc. ENVIRONMENTAL CONSULTANTS • Site Assessments & Services • Wetland Delineations, Permits & Creation • Endangered & Threatened Species • Wildlife Management DOUGLAS L. RIDENOUR General Manager / Biologist 2000 E. Lamor Blvd., Ste. 600 Arlington, Texos 76006 Bus. 817/588-3076 Fox 817/588-3077 WETLANDS MITIGATION PLAN For Denton Crossing Approximately 16 Acres Consisting of the Northern Portion of 35.864 Acres of Land Previously Developed as the Denton Golf Center 1710 South Loop 288 Denton, Denton County, Texas USACE Project Number 200200014 Created For: HUNT PROPERTIES, INC. 8235 DOUGLAS AVENUE, SUITE 1300 DALLAS, TEXAS 75225 Prepared By: ADVANCED ECOLOGY, INC. 2000 E. LAMAR BLVD., SUITE 600 ARLINGTON, TEXAS 76006 NOVEMBER 5, 2002 Wetlands Mitigation Plan For Denton Crossing Approximately 16 Acres Consisting of the Northern Portion of 35.864 Acres of Land Previously Developed as the Denton Golf Center 1710 South Loop 288 Denton, Denton County, Texas USACE Project Number 200200014 I. Summary Hunt Properties, Inc. (Hunt) is proposing to redevelop the above-referenced property (hereinafter referred to as the Site) as a local commercial and retail center. As confirmed through a United States Army Corps of Engineers (USACE) Jurisdictional Determination (JD), it appears that an on-site drainage falls within the jurisdiction of the USACE. According to a Wetlands Delineation performed by Advanced Ecology, Inc. (AEI) and a subsequent land survey supplied by Jones & Carter, Inc., the area of proposed impact consists of a 1,316-foot long drainage and fringe wetlands (together constituting 0.6024 acres). It should be noted that the historically ephemeral drainage has been altered (i.e. channelized), likely as part of the past and surrounding golf course development. A site drawing, aerial photographs, topographic maps, and photographs illustrating the on-site drainage can be referenced in "Excerpts from Phase I Environmental Site Assessment" submitted along with a request for a JD February 17, 1999. H. Purpose As a condition to the approval of the associated Individual Permit, and dependent upon jurisdictional impacts to the Site, Hunt is prepared to conduct the following mitigation plan to offset unavoidable impacts to the relatively low quality, on-site drainage. The following points should be incorporated into consideration of the mitigation effort / plan. ➢ There was no practicable alternative that would have less adverse impact on the aquatic environment found. Nearby but off-site areas of similar size are comprised of forested uplands, natural reaches of streams, and significant riparian and floodplain areas. ➢ The Site is open (not wooded) and the drainage to be impacted is of low quality, as it was previously impacted by a former, on-site, golf course development. Banks have been graded, concrete cart paths cross the drainage, and maintenance crews had to routinely remove trash that washed into it from a neighboring retail development. In the past, the City of Denton reportedly applied herbicide to the drainage area to control the growth of vegetation within it. Cattail (Typha latifolia) dominates the drainage, with young black willow (Salix nigra) and cottonwood (Populus deltoides) being scattered throughout it. 2 ➢ While not part of the Wetlands Mitigation Plan, the on-site drainage will be rerouted around the perimeter of the site and a stormwater retention basin will be constructed to handle floodwater and filter runoff. This is to be done in accordance with local City of Denton ordinance. ➢ Wildlife habitat on and around the mitigation area is superior to that on the Site. The mitigation area would be lost to threatening development if funding for its acquisition and preservation is not provided. ➢ Modifying construction plans to avoid the on-site drainage is not an option due to the location of the drainage on the site and the nature of the development (large buildings and necessary parking). M. Project Methodology AEI has searched for mitigation opportunities in the Site vicinity and within the same watershed. As a result, unavoidable impacts to the on-site drainage will be mitigated by completion of the scenario described hereafter. The permittee will provide for the acquisition and perpetuity of approximately 1,316 feet of a tributary of Fletcher Branch (Fletcher Branch being a tributary of Hickory Creek), north of Hickory Creek Road in Denton, Denton County, Texas. The aforementioned 1,316 feet of tributary is comprised of two reaches, one being located above, and one being located below, an on-channel lake. Along each side of the two reaches of this approximately 10-foot wide tributary, a 50-foot buffer will be established, allowing for the acquisition / preservation of approximately 3.3 acres. It should be noted that while linear distances of what is to be impacted and what is proposed as mitigation are equal, from an aerial standpoint and with the aforementioned buffer, this provides for 5.5:1 mitigation. In addition and as part of the same effort, an additional 50-foot wide buffer will be established around the east side of the on-channel lake, along the wooded lakeshore, thereby connecting the two referenced reaches (locations are illustrated on an attached map). This will not only increase the linear distance of the riparian area to be acquired and preserved by approximately 2,000 feet, but will secure a continuous wildlife corridor along the subject section of stream above the lake, around the natural and heavily wooded side of the lake, and along the subject section of stream below the lake. This addition provides for another 2.3 acres of key and high quality habitat to be preserved, increasing the funded acquisition / preservation to approximately 5.6 acres. This total increases mitigation ratios to 2.5:1 from a linear perspective, and 9.3:1 from an aerial perspective. 3 The City of Denton Parks & Recreation Department strongly desires the acquisition and preservation of a 69-acre parcel containing the aforementioned tributary of Fletcher Branch and on-channel lake for establishment as a park. This parcel is threatened by increased development on all sides (residential subdivision construction and planning and active borrow pits lie adjacent to the site). As the property has not yet been secured, donated funds will allow for a greater number of acres to be acquired, with preservation mechanisms focused on the vast majority of the wooded, meandering stream corridor and wooded lake shore extending through the desired parcel (illustrated via attached photographs). The lowland riparian area to be acquired and preserved as compensatory mitigation is not only in danger of being developed, but is of higher quality than that which is present on the northern portion of the 35.864 acres of previously developed and impacted upland planned for development. Besides direct wetland / Water of the United States functions and values such as wildlife habitat, groundwater recharge, and flood control, the mitigation area will help provide recreation opportunities to the public and scenic vistas for the nearby assisted living center. In addition, the lower reach of the tributary of Fletcher Branch which would be acquired and preserved adjoins Cross Timbers Park - an acquisition and riparian preserve partially funded by the mitigation effort associated with the development of the southern portion of the 35.864 acres planned for redevelopment (USACE Permit Number 199900119). Thus, an impact adjacent to a previous impact would be compensated for by way of compensatory mitigation adjacent to the associated, past mitigation effort. Finally, as proposed mitigation and the area of proposed impact are very close in proximity to one another, both Hickory Creek (downstream of Fletcher Branch) and Pecan Creek (located north of the Site) feed into nearby Lake Lewisville. Flow was observed in the upper end of the reach of creek above the lake during AEI's September 24, 2002 field reconnaissance. This upper reach appeared stable, with ponded areas backed up from the lake and approximately 18 inches deep extending back into the creek. With the exception of clear pools up to three feet deep, reaches below the on-channel lake were found to be dry. Erosive forces' impacts to creek banks were noted in the upper reach of the creek just below the lake's earthen dam spillway. However, downstream reaches closer to Fletcher branch appear more stable. In addition, a second drainage which may have been the primary drainage the lake was formed on lies below the lake dam as well. This dry, floodplain drainage is characterized by mature hardwoods forming a very stable, park-like bottom confined by gradual, yet tall, rocky slopes typical of the relatively great amount of relief in the immediate area. The exact reach of creek below the dam that is to be used to compliment the reach above the lake to comprise the 1,316 feet of mitigation will be decided upon when AEI coordinates final surveying of the mitigation area. The final decision regarding the reach below the lake to be included will be based on quality, value, and stability of the creek and associated riparian corridor, threats to the area, and additional gains that would and could be realized from a preservation function. 4 Securing both reaches of creek both above and below the lake and the eastern shore of the lake should not only help provide for the preservation of this great aquatic resource, but should lend to future mitigation opportunities in the area. The mitigation area will be left natural and wild. The only planned impact to the intact mitigation area streamside corridors is the future construction of an extension of road that will lie within an approximately 80- foot ROW crossing the upper creek in a perpendicular manner. Soft-surface trails will be constructed around the lake, but (with the exception of perpendicular access points to the lake) will be located outside the established mitigation area. Maintenance within the mitigation area will consist of the removal of trash and debris by hand. Tree and shrub species found within the Hickory Creek watershed include post oak (Quercus stellata), blackjack oak (Quercus marilandica), Shumard oak (Quercus shumardii), American elm (Ulmus americana), cedar elm (Ulmus crassifolia), sugarberry (Celtis laevigata), pecan (Carya illinoensis), eastern redbud (Cercis canadensis), red mulberry (Morus rubra), eastern redcedar (Juniperus virginiana), roughleaf dogwood (Corpus drummondii), white ash (Fraxinus americana), boxelder (Acer negundo), honeylocust (Gleditsia triacanthos), mesquite (Prosopis glandulosa), Osage-orange (Maclura pomifera), black willow (Salix nigra), buttonbush (Cephalanthus occidentalis), possumhaw (Ilex decidua), and privet (Ligustrum sinense). Vine species include grape (Vids Spp.) poison ivy (Toxicodendron radicans), greenbrier (Smilax sp.), and black beery (Rubus sp.). Herbaceous species include bushy bluestem (Andropogon glomeratus), spikerush (Eleocharis sp.), cockle-bur (Xanthium strumarium), coral-bent' (Symphoricarpos orbiculatus), indian sea- oats (Chasmanthium latifolium), giant ragweed (Ambrosia trifida), and limited amounts of cattail (Typha sp.). To supplement the above-described endeavor, for which the USACE has verbally agreed to grant 65 percent credit, Hunt is prepared to satisfy mitigation by acquiring credit from the Trinity River Mitigation Bank (TRMB). It is AEI's understanding from Mr. Wallace Hall that the multiplier for permanent impacts to intermittent streams (which AEI understands the USACE perceives the on-site drainage to be impacted to be) is 0.008. Thus, to provide for the remaining 35 percent of mitigation (or 461 linear feet), the calculation will be as follows: 461 linear feet x 0.008 = 3.7 credits. In addition to the above- described Denton Park acquisition / preservation endeavor, Hunt shall purchase 3.7 credits (previously quoted at $25,000.00 per credit) from TRMB. IV. Deed Restriction Subsequent to acquisition, mitigation areas in and along the tributary of Fletcher Branch and along the referenced lake shore will be surveyed and deed recorded to allow for the perpetuity of the areas. The permittee shall develop an appropriate deed restriction for the surveyed areas, submit the draft deed restriction to the USACE for review and approval, and record the USACE approved deed restriction with the County Clerk. The permittee shall provide a copy of the recorded deed restriction to the USACE by October 1, 2003. Stated restrictions shall not be removed from the deed, or modified, without written approval from the USACE. Notwithstanding future termination, revocation, or modification of this agreement, the deed restrictions that enhance and protect the associated property are perpetual. V. Compliance Reporting The permittee shall establish and implement a self-monitoring program that includes the following actions: 1. Designation, in writing, of a responsible party to coordinate with the Regulatory Branch, Fort Worth District, USACE concerning on-site inspections and compliance with permit conditions; 2. Notification to the USACE of the schedule of activities for each phase of the project prior to the start of soil-disturbing activities; and 3. Implementation of a reporting program that shall include annual, written compliance reports to the USACE, due October 1 each year, beginning October 1, 2003. The permittee shall include in each report any schedule changes and a summary of all activities that occurred during the reporting period, including demonstration of the permittee's compliance with the permit conditions, and documentation of the progress and/or completion of all authorized work, including mitigation activities. The permittee shall detail in the first report (to be considered a status report) the pre-construction conditions of the Site. The permittee shall include in the report(s) photographs, maps, and a description of the impacts to Waters of the United States. Compliance reports will be submitted even if no work is conducted during the reporting period. The permittee shall submit compliance reports until the USACE verifies that the permittee has successfully completed all compensatory mitigation plan requirements, the mitigation area has met the standards of the approved mitigation plan, and all authorized construction activities have been either completed or deleted from the project. Attachments: Mitigation Area Location Map Mitigation Area Photographs 6 ii o7 j. .~T;~•-'' I I_ .tea s^; ~ t t'-" s' _ ~.%i(.. _ ri ~ - ;-r~• i %zile( P:~7 il_=~~~ - z ''f~ L~`L~ y j ~7~~•~ ~ •i.a:i. ' .r ! ~t f;!-3`~ 1`•~C:,•. 0- A i' ' ' ,1. ~ ~-650. y i ~ ~ I - - ~ ~ .t•' p.. 11 \~~.51 `4~'j ! I t ; ! • `1 _ I j r . ~F.^719.'077I ` \ =F' __-_i. :fir ~ >y .✓'t \t ~i \ - 4 ~~i tar 3 1-' ' _ ~ i r. •:c< ~_~f 7 t`~ i~ :-'1 ~ :r- ~••.•~~•~.1~."F=~ ~L• ~ ..9~~ 1 _ :g",.t ` it i.~ t + 1 _?E!k ° F 1 r3' : ar :RI 77 i fC - '~t~~ l~ L i~ a Z- uf- V'S v tp- J t CSC\^.'1-• _ 1 i i i~ IN VNI. -:ice ti ; k•- - = = - _ I~N -1 --r ill. ~ _ _ " No. 1 Facing west, downstream, down the upper reach of the creek above the lake. No. 2 Facing south, downstream, down the lower reach of the creek above the lake and just above the mouth of the lake. No. 3 Facing southeast across the upper end of the lake. Note the great egret in the snag and the blue-winged teal on the water. No. 5 Facinja west down the creek approximately 100 feet below the spillway of the lake. No. 6 Facing northeast, upstream, up the lower reach of the creek below the lake's dam. Note the sea oats lining the bank on the left.