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
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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.