MBMB Baseline Report 20120511

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Connemara Conservancy Foundation
BASELINE DOCUMENTATION REPORT
PROJECT NAME:
Mill Branch Conservation Easement
Prepared by:
RiverBank Ecosystems, Inc. with excerpts from “Mill Branch Mitigation Bank-Mitigation
Banking Instrument”, and biological survey information collected by RJ Taylor,
Conservation Director, Connemara Conservancy
Dates of Site Visits: 5/04/2010; 6/10/2010; 10/26/2010; 6/22/2011; 8/18-19/2011; 9/17/2011;
12/15/2011; 3/12/2012; 3/23/2012; 4/27/2012
Anticipated Date of Conveyance of Conservation Easement: May, 2012
Property Ownership:
Owner(s):
Ricky J. Wilson
Address:
598 FM 1204
Decatur, Texas 76234
County:
Denton
Legal Descriptions: Refer to Attachment 7
Total Acres:
Refer to Attachment 2
748 gross acres within (2) two tracts
82.56 acres total within (7) seven conservation easement tracts
Directions to Property:

From Denton, TX, travel north on IH-35 to Sanger, TX

Take exit 478 to FM 455

Travel west on FM 455 for ~10-miles

Turn north on Atcheson Road

At end of Atcheson Road (~0.5-mile), turn left (west) on Waide Road

Continue west for ~0.5-mile
SFTRMB Ten Mile Creek Extension Conservation Easement- Baseline Documentation Report

Entrance to the access easement on the Property is on the right through red gate.
General Description of Property: (Based on the Mill Branch Mitigation Plan)
The Mill Branch Conservation Easement tracts (Property) are located within a 748-acre tract of
gently rolling prairie in northwest Denton County, Texas, approximately 17 miles northwest of
the City of Denton (Attachment 1). The larger tract’s geographic coordinates are latitude 33o
22’ 46.877”N and longitude 97o 21’ 16.243”W. Located in the Grand Prairie physiographic
province of Texas, the Property is dissected with 3 stream valleys (Attachments 2 & 6).
Bedrock within this section of the Grand Prairie is limestone. Current land use on the Property
consists entirely of grazing. For more than a century, the Property has also been ranched or used
for cotton production (terracing is evident along the east bank of Mill Branch; Attachment 15:
Photos 1 & 2).
The Property’s existing conditions include 17,812 linear feet (LF) of ephemeral and intermittent
streams (Attachment 6 & Table 1). Following the successful implementation of the Mill
Branch Mitigation Plan, the Property is expected to consist of 22,867 LF of restored ephemeral
and intermittent channels through the removal of earthen dams, re-vegetation of riparian zones,
bank grading and stabilization, and Natural Channel Design (Priority II Restoration) stream
restoration techniques.
Surface elevations range from 825 feet above mean sea level (MSL) near the northeast corner of
the subject area where Mill Branch exits the Property, to 950 feet above MSL along a hilltop
located within the southwest section (Attachment 8). The subject area consists of rolling hills
dissected by several stream channels, which generally flow to the northeast. The topographic
map identifies 3 streams including a tributary to Mill Branch, Mill Branch itself, and a tributary
to Cannon Creek (Attachments 8). The headwaters of the tributary to Mill Branch begin near
the southeast corner of the subject area and exit midway along the eastern border. Mill Branch
originates at the midpoint of the southern boundary, traverses the eastern half of the subject area,
and exits the northeast corner. The tributary to Cannon Creek originates in the northwest section
of the subject area and exits along the northwest border (Attachment 6). The topographic map
also illustrates additional areas of slope conveyance within the subject area that may exhibit
ephemeral stream characteristics (Attachment 8).
Ecological Description of Property: (Based on the Mill Branch Mitigation Plan)
The regional climate is characterized as humid subtropical with hot summers. Average annual
precipitation is 32 inches, evenly distributed throughout the seasons—except for dry periods in
January and July (NRCS 1980). Channel hydrology is mainly supported by hill slope runoff and
precipitation-dominated groundwater flow.
SFTRMB Ten Mile Creek Extension Conservation Easement- Baseline Documentation Report
The Property’s watersheds and easement areas are not mapped as FEMA-designated floodplains.
After exiting the Property’s boundaries, the channels flow directly into 100-year floodplain areas
along the main stems of both Cannon Creek and Mill Branch (Attachment 10).
The National Wetlands Inventory (NWI) recognizes two wetland features within or near the
Property’s easement areas, R4SBC and PUSAx (Attachment 9). R4SBC indicates a seasonally
flooded riverine intermittent streambed, and PUSAx indicates a temporarily flooded paulstrine
system with an unconsolidated shore, which was once excavated by man.
Channels draining the Property’s three watersheds are generally characterized by alternating
reaches of degradation, over widening and aggradation. In the case of Mill Branch, there are a
series of headcuts, resulting in elevation changes across the headcuts of up to 3 feet (Attachment
14: Photo 1 and Photo 2). In all, this section of the Property contains 4,371 LF of ephemeral
channels and a single 7,445 LF intermittent channel (Table 1). Mill Branch shows
characteristics of G and F stream types (Rosgen 1994 and 1996), but is mostly an F channel.
Bed and bank materials are predominantly clays (F6 stream type) within the upper and middle
reaches of Mill Branch. In the lower reach there are some small to large accumulations of
calcareous gravels and cobbles, which originated as the limestone armor layer was broken (F3
stream type), interspersed with a bed consisting of a relatively thin limestone lens (the armor
layer) perched on deep clays (F1 stream type). It appears the armor layer controls channel
stability along this reach.
In addition, the Mill Branch watershed contains five subwatersheds, all of which are ephemeral.
The largest of these drainages is partially impounded by an earthen dam, constructed as a cattlewatering tank (0.493 acre; Attachment 14: Photo 3). All of the ephemeral drainages
contributing flow to Mill Branch can be described as a series of reaches exhibiting degradation,
over widening and aggradation. In all but one case—the ephemeral drainage with the tank—the
confluences of theses tributaries with Mill Branch are completely or partially aggraded
(Attachment 14: e.g., Photo 4).
There are two channels draining the Cannon Creek watershed, one intermittent and one
ephemeral, accounting for 2,768 LF of the Property’s existing channels (Table 1). An earthen
dam impounds the larger of the two channels, which was constructed as a second cattle-watering
tank (0.353 acre; Attachment 14: Photo 5). The smaller of the two channels in the Cannon
Creek watershed also shows areas of aggradation, resulting from upstream erosion.
The tributary to Mill Branch watershed is drained by a single, intermittent channel totaling 3,228
LF (Table 1). This channel originates on-site as a series of disjointed pools, then quickly
becomes an incised G channel, an over widened F channel, and by it’s mid-to-lower reach
becomes a series of disconnected F channels meandering through valley fill deposited after
upstream degradation and widening. The channel is largely disconnected from its floodplain
(Attachment 14: Photo 7).
SFTRMB Ten Mile Creek Extension Conservation Easement- Baseline Documentation Report
Table 1: Jurisdictional lengths and hydrological classifications of existing stream channels
Watershed
Ephemeral (LF)
Intermittent (LF)
Totals
Mill Branch
4,371
7,445
11,816
Tributary to Mill Branch
0
3,228
3,228
Tributaries to Cannon Creek
745
2,023
2,768
5,116
12,696
Totals
17,812
Purposes of the Conservation Easement:





To serve as a mitigation bank pursuant to the regulation and guidelines of the United States
Environmental Protection Agency (EPA) and the United States Army Corps of Engineers
(USACE) promulgated under authority of Section 404 of the Clean Water Act (33 USC § 1344,
et seq.) and Section 10 of the Rivers and Harbors Act of 1899 (33 USC § 403, et seq.). Any
uses of the Property that may impair or interfere with these Purposes of the Conservation
Easement are expressly prohibited;
Retain or protect natural, scenic, or open-space aspects of the Property;
Protect natural resources;
Maintain or enhance water quality;
Ensure the availability of the Property for passive recreational, educational, or open-space
use.
Critical Elements of the Conservation Easement:



Property will be perpetually preserved in its predominately agricultural and open space
condition including the Property’s predominantly grassland habitats;
Industrial and commercial activities are prohibited on the Property (except those commercial
activities associated with accepted agricultural activities); and
Continuation of compatible land uses (especially agricultural operations) upon the Property
as they have been historically conducted in harmony with the Property’s ecological and
open-space values.
The Conservation Easement Values of the Property:


Property is preserved pursuant to a clearly delineated federal, state, or local conservation
policy, and yields a significant public benefit.
Property currently is utilized for animal husbandry, and upon completion of the requirements
for the Mitigation Bank, the Property will:
a. Contain significant natural habitat in which fish, wildlife, plants, or the ecosystems that
support them thrive in a relatively natural condition;
b. Support sustainable habitat for a biologically diverse collection of animals and plants;
and
c. Contain natural areas that represent low quality examples of terrestrial, or aquatic
communities.
SFTRMB Ten Mile Creek Extension Conservation Easement- Baseline Documentation Report

Property currently includes 17,812 linear feet of stream tributaries and grassland buffer area
within the Mitigation Bank boundaries for permanent protection of surface water quality.
Land Use:
Historic Ownership and Use: According to the Denton County Clerk Real Estate Records, the
Property (748 acres) was purchased from the McMurray family, of Denton County, Texas, by
Ricky J. Wilson in 2009. Historically, the Property has been in agricultural grazing use and
cotton production. The pastures and meadows have not been tilled in recent memory, but the
area of the fields on the western portion of the Property show evidence of terracing.
Current uses: Existing land use on the entire 748-acre site is exclusively livestock grazing to
support a cow-calf operation.
Reserved use: Restoration and enhancement of streams as part of Mitigation Bank development.
Adjacent land uses:
 North –Livestock grazing
 East – Livestock grazing
 South – Agricultural row cropping and livestock grazing
 West – Agricultural row cropping and livestock grazing
Property Structures, Developments & Man-made Features:




No permanent building structures currently exist within the Property.
There are two cattle watering tanks (earthen dams), slated for removal as part of
Mitigation Plan (Attachment 6; Photos x and x).
There are two cattle-crossings designated for construction on the Property as part of the
Mitigation Plan, approximately in the middle of the entire 748 acreage: one through
easements 1 & 2, and one through easements 3 & 4 (Attachment 6).
In the larger tract outside of the easement tracts (Property), there is one barn building
and two natural gas pads with gravel access roadways.
Geology/Soils:
The project area is underlain by Lower Cretaceous Duck Creek (Kdc) and Kiamichi (Kki)
Limestone formations. The Duck Creek Formation consists of mostly marls with thin beds of
marly limestone, grading downward in section into thicker limestone beds intercalcated with
gray to greenish-gray marly clay. The Kiamichi Formation is possibly outcropping toward the
northern portion of the Property in the channel bottoms. It consists of yellowish gray to greenish
gray, fossiliferous limestone and marls. The thicker, more massive limestone beds between the
less resistant marls are often expressed as erosional knick points in the channel profiles.
SFTRMB Ten Mile Creek Extension Conservation Easement- Baseline Documentation Report
Soils within the drainage areas (Table 2) consist mainly of Sanger clay and Aledo series; upland
soils are comprised of Sanger, Aledo and Somervell series.
Table 2: Mapped soils within and near the Property*
Hydric
Soil Series (map unit)
Additional Description
Status
deep, well drained, very slowly permeable,
clayey soils formed in alkaline marine
Sanger clays (67, 68)
non-hydric
sediments; on site slopes range from 1 to 5
percent
Aledo association, undulating
(1)
Somervell (75)
non-hydric
non-hydric
shallow to very shallow, well drained,
moderately permeable, loamy soils; slopes
range from 1 to 40 percent, typically <8
percent
moderately deep, well drained, moderately
permeable, loamy soils that formed in
gravelly loamy sediments, clay loams are
common; slopes of 1 to 45 percent
*source: NRCS (1980)
Water Bodies:
Adjacent water courses/waterbodies:




North- Cannon Creek & cattle watering tanks
East- Tributaries to Mill Branch, main stem of Mill Branch & cattle watering tanks
South- Mill Branch & cattle watering tanks
West: Cannon Creek, & cattle watering tanks
Interior water courses/waterbodies: (Refer to Attachment 6)

Mill Branch

Tributaries to Mill Branch

Tributaries to Cannon Creek

Cattle watering tanks
Vegetation:
The vegetation on the Property is currently characterized as grasslands with mostly herbaceous
riparian vegetation along the stream channels. Refer to Attachment 12 for summary of
observed plant species on the Property.
SFTRMB Ten Mile Creek Extension Conservation Easement- Baseline Documentation Report
As part of the Property’s mitigation plan, the riparian areas will be replanted with some of the
following species:
Plant Communities:
Trees – Cedar Elm (Ulmus crassifolia), Sugarberry (Celtis laevigata), Osage-Orange
(Maclura pomifera), Mexican Plum (Prunus mexicana), Post Oak (Querces stallata),
Fragrant Sumac (Rhus aromatica), Winter Sumac (Rhus copallinum), Shumard Red Oak
(Quercus shumardii), Redbud (Cercis canadensis), Pecan (Carya illinoinensis), Bur Oak
(Quercus macrocarpa), Green Ash (Fraxinus pennsylvanica), Chinkapin Oak (Quercus
muehlenbergii), Eve’s Necklace (Sophora affinis), Deciduous Holly (Ilex decidua), Gum
Bumelia (Sideroxylon lanuginosum), Hercules-club Pricklyash (Zanthoxylum clava-herculis),
and Black Willow (Salix nigra)
Shrubs and Vines - Western Ragweed (Ambrosia psilostachya), Bushy Bluestem
(Andropogon glomeratus), Canada Wildrye (Elymus canadensis),Virginia Wildrye (Elymus
virginicus), Brownseed Paspalum (Paspalum plicatulum), Switchgrass (Panicum virgatum),
Eastern Gamagrass (Tripsacum dactyloides), Maximillian sunflower (Helianthus
maximiliani), Annual sunflower (Helianthus annuus), Juncus (Juncus spp.), Rice Cutgrass
(Leersia oryzoides), Seep Muhly (Muhlenbergia reverchonii), Vine Mesquite (Panicum
obtusum), Thin Paspalum (Paspalum setaceum), Knotroot Bristlegrass (Setaria parviflora),
White Tridens (Tridens albescens), Slim Tridens (Tridens muticus), Rough Tridens (Tridens
muticus var. elongatus), Browntop Signalgrass (Urochloa fusca), and Giant Cutgrass
(Zizaniopsis miliacea)
Forbs and Grasses – Little Bluestem (Schizachyrium scoparium), Big Bluestem
(Andropogon gerardii), Sideoats Grama (Bouteloua curtipendula), Blue Grama (Bouteloua
gracilis), Tall Grama (Bouteloua hirsute var. pectinata), Buffalograss (Buchloe dactyloides),
Carolina Crabgrass (Digitaria cognata), Plains Lovegrass (Eragrostis intermedia), Texas
Cupgrass (Eriochloa sericea), Maximillian Sunflower (Helianthus maximiliani), Texas
Wintergrass (Nasella leucotricha), Indiangrass (Sorghastrum nutans), Purple Threeawn
(Arstida purpurea var. perplexa),Wright Threeawn (Aristida purpurea var. wrightii), Sliver
Bluestem (Bothriochloa laguroides), and Tall Dropseed (Sporobolus compositus var.
composites)
In addition, some species (especially Cottonwood) will be planted as live stakes, and native grass
species will be seeded immediately following restoration construction to assist with site
stabilization.
Plant Species and Communities of Conservation Interest:
Endangered, threatened, or rare plant species - None observed.
Observed Wildlife:
SFTRMB Ten Mile Creek Extension Conservation Easement- Baseline Documentation Report
Refer to Attachment 13 for summaries of various animal species or signs of animal species
observed on or adjacent to the Property prior to development of the Mitigation Bank.
Animal Species of Conservation Interest:
Endangered, threatened, or rare animal species - None observed.
Scenic Values:
While not a Purpose of this Conservation Easement or specifically designated as “scenic” by
Denton County, the natural streams found in the rolling Grand Prairie and the views of Mill
Branch and Cannon Creek from the property illustrate unique or relatively natural landscape
features characteristic of waterways in North Central Texas.
Threats:
According to EPA records (2008), the Upper Trinity contains 64 “listed” waterbody segments.
Given the Upper Trinity’s dense population, this is not surprising. TCEQ records (2010) indicate
urban and rural non-point sources are the predominant causes of impairment. The Upper Trinity
watershed is comprised of four broad land cover categories: urban, agricultural, rangeland and
forest (USGS 2001). With the exception of forested land cover, which accounted for 10 percent
of the watershed’s total area, nearly all of the land cover types listed by USGS (2001) are known
sources of nonpoint source pollution (EPA 2009).
Livestock currently have access to the Property’s channels, and as a result, channel degradation
and widening, often causing downstream aggradation, are occurring throughout the project area.
Riparian vegetation is intensively grazed and almost completely devoid of trees. Prairie
management techniques include broadcast herbicide applications between pasture rotations. The
resulting grazing activity is intense and has negatively affected the ecological functions of Mill
Branch and Cannon Creek. Several channels within the Property are actively degrading,
widening and straightening or are otherwise unstable, resulting in alternating reaches of
degradation and aggradation.
This portion of North Central Texas is also threatened by urban sprawl. The Trinity River Basin
has the largest population of any river basin in Texas, and the Upper Trinity River has the fourth
largest metropolitan area in the United States (Dallas-Fort Worth Metroplex). In fact, the Dallas
was recently recognized as the second fastest growing metropolitan area in the country (Forbes
2012). This section of the country is expected to continue to grow at a similar pace over the next
decade. This data suggests land development activities are likely to increase in frequency, as
will local conflicts between development and aquatic resources. Such growth in urban density
and its associated non-point and legacy pollution sources have led to the establishment of 15
separate TMDLs (Total Maximum Daily Loads) within the basin. While urban non-point and
legacy pollution sources are the leading causes of TMDLs in the Upper Trinity, agricultural nonpoint sources in general are considered the predominate source of water quality impacts to the
Nation’s waters (USEPA 2009).
SFTRMB Ten Mile Creek Extension Conservation Easement- Baseline Documentation Report
Organization Contacts for Floral and Faunal Surveys:
Carol Clark and Jim Varnum – vegetation surveys
Gailon Brehm and John Dugdale – birding surveys
Photography:
Ground photography: Refer to Attachment 14
Aerial photography: Refer to Attachment 15
Attachments:
#1:
#2:
#3:
#4:
#5:
#6:
#7:
#8:
#9:
#10:
#11:
#12:
#13:
#14:
#15:
General Location
Easement Survey Document (Easements 1-7)
Easement Survey Document (Easement 1-6)
Easement Survey Document (Easement 7)
Easement Survey Document (Access Easement)
Channel Key
Legal Description of Mill Branch Conservation Easements (1-7)
USGS Topographic Quad
National Wetland Inventory
FEMA Floodplain
NRCS Soil Survey
Floral Survey
Faunal Surveys
Selected Ground Photography
Selected Aerial Photography
SFTRMB Ten Mile Creek Extension Conservation Easement- Baseline Documentation Report
Literature Cited:
Fisher, Daniel. “America’s fatest-growing cities, 2012.” Forbes Magazine, April 25, 2012. Accessed May
1, 2012: http://realestate.yahoo.com/promo/americas-fastest-growing-cities-2012.html
Natural Resources Conservation Service (NRCS). 1980. Soil Survey of Denton County, Texas.
Rosgen, David 1994. A classification of natural rivers. Catena 22: 169-199.
Rosgen, David. 1996. Applied River Morphology. Wildland Hydrology, Pagosa Springs, CO.
U.S. Army Corps of Engineers (USACE). 2008. Interim Regional Supplement to the Corps of Engineers
Wetland Delineation Manual: Great Plains Region (Version 2.0). Technical Report: ERDC/EL
TR-08-12. Environmental Laboratory, U.S. Army Engineer Research and Development Center.
Vicksburg, Mississippi.
U.S. Census Bureau. 2011. Population distribution and change: 2000 to 2010. 2010 Census briefs.
http://www.census.gov/prod/cen2010/briefs/c2010br-01.pdf
U.S. Environmental Protection Agency (USEPA). 2009. National Water Quality Inventory: Report to
Congress 2004 Reporting Cycle. www.epa.gov/owow/305b/2004report/
SFTRMB Ten Mile Creek Extension Conservation Easement- Baseline Documentation Report
Certification
We, the undersigned signatories, do hereby certify that the information contained in this baseline
documentation report, including referenced attachments, for the Mill Branch Mitigation Bank –
Conservation Easement as assessed prior to this 4th day of May, 2012, is correct and accurate to
the best of our knowledge.
Grantor/Owner:
___________________________
Ricky J. Wilson
____________________
Date
Connemara Conservancy Foundation:
_________________________________
RJ Taylor, Conservation Director
____________________
Date
Third Party/Consultant:
___________________________
J. Adam Riggsbee
President, RiverBank Ecosystems, Inc., Member-Manager for Mill Branch LLC
____________________
Date
SFTRMB Ten Mile Creek Extension Conservation Easement- Baseline Documentation Report
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