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