HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/05/2021 - FIRST READING OF ORDINANCE NO. 009, 2021 AUTHORIZI Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY January 5, 2021
City Council
STAFF
Darin Atteberry, City Manager
Carrie M. Daggett, Legal
SUBJECT
First Reading of Ordinance No. 009, 2021 Authorizing the Conveyance of an Easement to Larimer County for
Remediation Activities on Cathy Fromme Prairie Natural Area in Accordance with the City’s Intergovernmental
Agreement with Larimer County and Loveland for Corrective Measures Related to the Larimer County Landfill.
EXECUTIVE SUMMARY
The purpose of this item is to consider adoption of an Ordinance authorizing the conveyance of a future
easement to Larimer County for remediation activities on Cathy Fromme Prairie Natural Area. Council adopted
Resolution 2020-119, approving an Intergovernmental Agreement by and among the City, Larimer County and
the City of Loveland regarding their mutual commitments and responsibilities related to the remediation of
environmental contamination at and from the Landfill, and that Agreement requires the City Manager to
present for Council approval this Ordinance authorizing a future easement.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Cathy Fromme Prairie Natural Area is in southwest Fort Collins. The Landfill sits to the south and west of
Cathy Fromme Prairie and west of Taft Hill Road. The City is the owner or joint owner with Larimer County (the
“County”) of multiple parcels of land adjacent to Taft Hill Road south of Harmony Road known as Cathy
Fromme Prairie Natural Area and managed by the City (the “Natural Area”)
The Landfill site is jointly owned by Larimer County (25%), City of Loveland (25%), and the City of Fort Collins
(50%). The Landfill was operated by Fort Collins from 1963 to January 1, 1975 and has since been solely
operated by Larimer County.
On December 22, 2020, Council adopted Resolution 2020-119, approving an agreement by and among the
City, Larimer County and the City of Loveland (the “IGA”) regarding their mutual commitments and
responsibilities related to the remediation of environmental contamination at and from the Landfill.
Section V.D. of the IGA requires the City Manager to present for Council adoption in January 2021 an
ordinance authorizing a future easement consistent with and subject to the requirements of that provision.
Section V.D. specifically provides the following:
1. All parties to the IGA will rely on a Colorado Department of Public Health and Environment (“CDPHE”)
approval of a remediation plan to set the standards (numeric or descriptive) for environmental cleanup of
the Natural Area;
Agenda Item 10
Item # 10 Page 2
2. The County will use its best reasonable efforts to avoid any disturbance of the Natural Area;
3. If notwithstanding the requirement in subparagraph 2 above, the Natural Area must be disturbed:
a. The County will protect (in its proposal to CDPHE) all Natural Area values stated in the Fort Collins
Natural Areas and Conserved Lands Easement Policy for the Natural Area.
b. The County proposal to CDPHE for approval will describe (1) the Natural Area values underlying or
impacted by its proposal, and (2) how the strategies in the proposal attain and protect those values;
c. Fort Collins will accept a CDPHE approval that is based on Natural Area values as determined by
CDPHE after CDPHE’s review of the County proposal;
d. In January 2021, the Fort Collins City Manager will present to and recommend for approval to the Fort
Collins City Council an ordinance authorizing the easement that is required for the County to
implement the Landfill Corrective Measures Work, consistent with this Section V.D. This ordinance will
confirm that any easement as required for the remediation plan developed and approved in
accordance with this Section V.D is authorized and shall be granted (without payment of real estate-
related charges) in accordance with this Section, subject only to the general resource protection
standards, and standards and guidelines for restoration in the Fort Collins Natural Areas and
Conserved Lands Easement Policy. Any costs incurred by the County in complying with these
objective requirements of the Easement Policy shall be Remediation Costs. If the ordinance
referenced in this paragraph is not approved in January, 2021 and has not been authorized at such
time as a need for an easement arises in the future, the failure to approve such an ordinance shall be
considered a breach.
e. By way of example but not limitation, although Fort Collins strongly disfavors phytoremediation on the
Natural Area, if the Landfill Corrective Measures Work as approved by CDPHE requires such
phytoremediation after consideration of the matters set forth in this Section V.D., the easement will
include authorization for phytoremediation.
It is unknown at this time whether the implementation of the yet to be designed and determined CDPHE-
approved remedy will require activities on the Natural Area and, if so, what the nature and extent of the activity
on the Natural Area will be.
After development of the remedy in accordance with the IGA, the City Manager and City Attorney will confer
and prepare an easement describing the Easement Area and incorporating the resource protection and
restoration guidelines standards as set forth in the IGA.
CITY FINANCIAL IMPACTS
The County will pay the City’s administrative fees for processing its application for the Easement including
restoration and ecological service fees as outlined in the easement policy; however, the IGA provides that the
County will not be charged for the value of the Easement because the City is a joint owner of the benefitted
Landfill property and the remediation effort will benefit the City as well as the County.
ATTACHMENTS
1. Site Map (PDF)
2. Easement Policy and Application (PDF)
3. Intergovernmental Agreement (PDF)
Example of Title Slide 1Subtitle goes here.ATTACHMENT 1
Easement Policy and Application
Procedures for Easements or
Rights-of-Way on City of Fort Collins
Natural Areas and Conserved Lands
ATTACHMENT 2
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Table of Contents
1. City of Fort Collins Natural Areas and Conserved Lands Easement Policy.…..………….. 2
2. Application Procedures………………………………………………………………………….. 8
3. Application Checklist…………………………………………………………………………….. 14
4. Fee Schedule…………………………………………………………………………………….. 17
5. Fort Collins City Plan; Land Use Code; Stormwater Master Plan;
Transportation Master Plan ……………………………………………………………………. 19
6. General Resource Protection Standards……………………………………………………… 20
7. Standards and Guidelines for Restoration…………………………………………………..... 26
8. Mitigation and Compensation…………………………………………………………………... 34
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CITY OF FORT COLLINS
NATURAL AREAS AND CONSERVED LANDS
EASEMENT POLICY
Resolution 2012-001 Adopted January 3, 2012
Updated December 4, 20180F
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PURPOSE:
The purpose of the policy statement is to clarify the policies and procedures of the City of Fort Collins
("City") with respect to requests for easements or rights-of-way that affect publicly owned Natural Areas
or other lands that are managed by the Natural Areas Department; lands owned in part by the Natural
Areas Department; and private lands with Conservation Easements held by the Natural Areas
Department. The policy does not apply to requests for easements or rights-of-way on or across other
lands owned by the City.
APPLICABILITY:
The policy applies to requests for new easements or rights-of-way an d to projects within existing
easements, as appropriate, which provide for a wide variety of purposes, including without
limitation, streets, water, sewer, drainage, flood control, electric power, wind generation, solar
generation, pipelines, oil and gas and minerals exploration, and telecommunications facilities. The
policy applies to projects of the City as well as those proposed by other public entities, such as special
Utility Districts, and private parties. The policy does not apply to trails, parking lots, interpretive features
or other facilities that are proposed as part of the management of public natural areas.
GENERAL POLICY:
Most of the natural areas and other conserved lands addressed by these policies were acquired by
the City with dedicated funds from sales taxes that were approved by the voters of Fort Collins or
Larimer County for the specific purpose of protecting natural areas and conserved lands. These
lands are part of the fabric of the Fort Collins community, and are viewed as a type of "community
facility" intended to meet specific community goals.
For Natural Areas, the goal is to "preserve and protect natural areas within Fort Collins and the
Community Growth Management Area to provide habitat essential to the conservation of plants,
animals, and their associated ecosystems and to enrich the lives of citizens by providing
opportunities for education, scientific research, nature interpretation, art, fishing, wildlife
observation, hiking and other activities. "
For other types of conserved lands, e.g., agricultural areas, lands are protected to shape the physical
structure of the community: These lands "provide the community with a well-defined edge,
establish community separators, direct growth, and preserve rural character. "
Requests for easements or rights-of-way that affect natural areas or other conserved lands must be
considered within this context. Accordingly, the general policy is to avoid, to the maximum extent
feasible, granting easements or rights-of-way for activities that will adversely affect the use of the
land for meeting the community's goals for natural area protection or community shaping. Where
easements or rights-of-way are authorized by ordinance of the City Council, the general policy is to
minimize the impact on the natural area or the community, to the maximum extent feasible, by limiting
1 Updated department name from Natural Resources Department to Natural Areas Department.
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the size and visibility of the area affected, managing construction or other human activities with respect
to their timing, duration, and frequency of occurrence, and restoring affected areas to a condition that is
equal to or better than the condition at the time the easement is granted.
Because the natural areas and other conserved lands owned by the City are in many instances
within an urban context, it is recognized that easements and rights-of-way may be necessary to allow
for the orderly development of the community in accordance with the adopted Fort Collins City Plan
(2019). Individual easement requests will be evaluated in accordance with both the general policy and
with the specific policies listed in following sections.
In addition, many properties owned by the City were subject to easements and rights-of- way granted
by prior owners at the time the City acquired them. The City will take advantage of any opportunities to
establish terms and conditions or specific project plans consistent with the terms of this Policy in
connection with any such prior easements or rights-of-way.
In connection with any work anticipated to take place within an existing easement, the City will establish
a mutually agreed plan for notification and consultation regarding the work. The City will negotiate with
the easement holder to establish a process for advance coordination, scheduling and planning for
avoidance of impacts and mitigation, if necessary.
SPECIFIC TYPES OF FACILITIES:
Public Streets. New public highways, roads, or streets will not be allowed within City owned natural
areas or conserved lands, except for those specifically identified in the adopted City Master Street
Plan or comparable Master Transportation Plan adopted by the appropriate governing body in cases
where the natural area or conserved land is located outside of the city limits of Fort Collins.
Widening or other street improvement projects on existing streets within natural areas or
conserved lands will be allowed, consistent with the City Master Street Plan or comparable adopted
Master Transportation Plan. The City will work to influence the alignment and design of any highway,
road, or street improvement so as to avoid or minimize the effect on the natural area or conserved land.
Private Streets or Other Private Access. Requests by private parties for private streets or access
easements to cross natural areas or conserved lands in order to gain access to a private parcel of land
will not be considered unless crossing the City's property is the only feasible means of providing access
to a legal parcel of land, or unless determined to be beneficial for the Natural Areas Department in the
specific circumstances.
Overhead Electric Power, Telephone, or Cable Lines. New overhead cable lines will not be allowed
within any City-owned natural area or conserved land, unless determined to be beneficial for the
Natural Areas Department in the specific circumstances. Replacement of existing overhead
cables with underground cables will be encouraged unless the installation of underground lines will
result in adverse impact to the natural area that is inconsistent with these policies. Use of the latest
technology reasonably available will also be encouraged.
Any change in above ground features (number of poles, pole height, number of wires, etc.) within
easements granted by the City or granted prior to City ownership of the land (to the extent there is an
opportunity to negotiate or impose new conditions) will require review and approval by the City.
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Aboveground Structures. New buildings or other structures, including without limitation, towers,
transmitters, receiving stations, tanks, substations, or billboards, other than those of the City, will not be
allowed on City-owned natural areas or conserved lands. The City will seek and take advantage of
opportunities to require or negotiate for the undergrounding, avoidance or removal of above-ground
structures associated with existing infrastructure.
Underground Utility Cables or Pipelines. Consistent with standard practice within Fort Collins,
underground utility cables (e.g., electric, telephone, fiber optic, etc.) and pipelines (e.g., gas, water,
sewer) will be located within the street and utility right-of-way adjacent to the natural area or conserved
land. In instances where the existing right-of- way does not conform to the planned future street right-
of-way as depicted on the applicable adopted Master Transportation Plan, cable or pipeline easements
will be lo cated parallel to the existing roadway and within the area encompassed by the future street
and utility right-of-way.
Some larger utility transmission cables or pipelines are not typically placed beneath streets due to
reliability or safety concerns. In in stances where the cable or pipeline cannot safely be placed within
the road right-of-way, it will be located as close as practicable, and parallel to the road right-of-way.
Above-ground features associated with buried utility cables and pipelines will not be allowed on City
property unless required by applicable technical standards for public safety and utility marking or other
applicable legal or regulatory requirements. The location, color and height of any such above -ground
features must be approved by the City. The City will seek and take advantage of opportunities to
require or negotiate for the undergrounding, avoidance or removal of above-ground structures
associated with existing infrastructure.
Drainage Facilities for Private Development. Drainage facilities that serve new development (such
as detention, retention, or water quality ponds) shall be located o n private land within the development
and not on City-owned natural areas or conserved land. Easements for conveyance facilities will be
considered on a case-by-case basis when the City-owned land is located between the private parcel
and the historic receiving channel or stream. The design of the new flow conveyance must utilize
existing drainages to the maximum extent feasible and must blend into the surrounding terrain; must
not impact the existing geomorphic character of the drainage; and must enhance the natural habitat
features and character of the site.
Requests will not be granted for easements by private entities to construct flood control or drainage
structures on natural areas or conserved lands to create developable land by removing it from the
floodplain, unless determined to be beneficial for the Natural Areas Department in the specific
circumstances. Requests will be considered on a case by case basis for construction of flood control
measures to address existing flood hazards that threaten public health or safety; in these cases, use of
the natural area or conserved land must be the only reasonable alternative to address the flood hazard
and the structure or measure must be designed to minimize the impact to the natural area.
Public Flood Control and Drainage Facilities. The City's Natural Areas, Storm Drainage, and
Water Quality programs have a strong record of collaboration in the joint acquisition of land and in the
design of projects that meet multiple community needs. To the maximum extent feasible, planning for
storm drainage, water quality and natural areas and land conservation acquisitions shall continue to be
coordinated so that lands needed for all of these uses are purchased jointly. Innovative approaches
shall continue to be used so that flood control and water quality facilities are designed, constructed, and
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managed to maintain or enhance natural area protection values while meeting flood control, stream
stability, and water quality needs. Easements or rights-of-way for flood control structures or facilities will
be considered on natural area or conserved land when the facility is part of the implementation of an
adopted basin-wide master plan (e.g., Canal Importation Master Drainageway Plan, Poudre River
Master Drainageway Plan).
Oil and Gas and Minerals Exploration. In connection with the exploration of oil and gas and minerals
resources, access, pipeline, and other types of easements may be requested. Such requests, will not
be considered unless crossing the City's lan d is the only feasible means of providing access to the
location on which the oil and gas or minerals exploration will occur, or unless determined to be
beneficial for the Natural Areas Department in the specific circumstances. Any easement for this type
of activity will incorporate, to the extent applicable, the most current Best Management Practices
requirements developed for use in connection with oil and gas exploration activities.
Conservation Easements. The owners of private property protected by a conservation easemen t
held by the City's Natural Areas Department may receive requests for easements across their property
for roads, utilities and other uses. Notice to the City of the e asement request is generally required in
the applicable conservation easement, and property owners should no tify the Natural Areas
Department of any such requests. Staff will consult with the property owner to evaluate such requests
on a case-by-case basis, taking into account the terms of the conservation easement, the conservation
values of the property, and this Policy, to the extent permissible. In order to complete the appropriate
review of any such requested easement, the City will obtain information regarding the nature,
scope, design, location, timetable and other material aspects of the proposed activity, and evaluate the
proposed activity to determine if it is permissible under, and consistent with, the applicable conservation
easement and the conservation values of the property.
The City's Natural Area Department owns lands protected with conservation easements held by other
entities. Once the City receives a request for an easement across these properties, the City will notify
the owner of the conservation easement. Staff will then work with the conservation easement owner to
evaluate such requests on a case-by-case basis, taking into account the terms of the conservation
easement, the conservation values of the property, and this Policy, to the extent permissible.
ALTERNATIVES ANALYSIS:
In general, a right-of-way or easement across a City-owned natural area or conserved land will only be
approved if it is the only reasonable alternative, considering environmental impacts, impacts to the
recreation uses of the natural area by the community, financial costs, engineering feasibility, public
health and safety and other appropriate factors. Applications for easements or rights-of-way must
identify and evaluate the environmental impact, engineering feasibility, and the cost of alternatives that
do not affect the City-owned natural area or conserved land. Depending on the type of proposal,
alternatives will need to consider both alternative locations for the facility as well as alternative designs.
The number of potential alternatives to be considered will depend on the location and nature of the
proposal, but must be sufficient to allow City staff, the Land Conservation and Stewardship Board, and
City Council to evaluate the cost and environmental impact of the available alternatives for meeting
the intent of the proposal. Applicants should expect to provide information on the available alternatives
at a level of detail to allow independent review of the conclusions by City staff or outside consultants
retained by the City to assess the easement request.
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LAND USE CONSISTENCY:
Applicants for rights-of-way and easements must demonstrate that any development to be served by
the proposal is consistent with the Fort Collins City Plan, the City's Comprehensive Plan. Where the
purpose of the easement is to provide utility services to areas outside the land use jurisd iction of the
City, the applicant must demonstrate consistency with the adopted comprehensive plan of the
governing jurisdiction, and with any applicable growth management policies of the City. Applicatio ns
for easements th at facilitate development or growth that is contrary to the policies of the City will not be
approved.
MASTER PLAN CONSISTENCY:
As a condition of approval, the applicant must demonstrate that the requested easement or
right-of-way is consistent with the adopted utility master plan or service plan for the area where the
easement is requested. The applicant must demonstrate that the proposed project is located and
designed appropriately to meet the future needs of the service area based on the adopted land use
plans and/or zoning in the area served. This requirement is intended to encourage thorough planning,
coordination among property owners, and to avoid multiple requests for easements or premature
expansion or modification of the facility before the end of its normal service life.
COORDINATION WITH OTHER ENTITIES:
Generally, the City will not grant exclusive easements. As a condition of approval, the applicant must
contact other utility service providers in the project vicinity to determine if they have current or future
plans for additional facilities in the area. To the extent feasible, the planning, design, and construction
of facilities shall be coordinated among utility providers to conserve easement corridors and to avoid
repeated construction activities that may affect the natural area or conserved land. Applicants must
provide copies of written requests for utility coordination and the responses received from other service
providers.
COMPLIANCE WITH EXISTING EASEMENTS:
Applicants must demonstrate compliance with the requirements of prior easements on land subject to
this Policy or other City property. Requests for new or additional easements will not be considered if
the applicant has not met the requirements of existing easement agreements and has failed to make
diligent efforts to correct the situation after notification by the City.
RESOURCE PROTECTION STANDARDS:
As a condition of approval of any easement or right-of-way, the City will impose appropriate measures
to assure adequate resource protection for the natural area or conserved land. These measures will be
determined based on the characteristics of the proposal and the affected land, but may include, without
limitation: field investigations to determine the presence of sensitive plants and wildlife; siting
requirements to minimize the effect on natural resources; seasonal timing restrictions to avoid impacts
to wildlife or sensitive habitat during critical periods of the year; access restrictions to control times and
locations of access to the easement; construction management measures to ensure that activities are
restricted to designated areas, to control erosion, to limit noise, or other impacts; restoration
requirements to ensure the timely regrading and revegetation of disturbed areas to a condition
consistent with the future management of the area; mitigation measures to replace resource values
lost to the community as a result of the project; and requirements to minimize the impact to the natural
area of ongoing operation and maintenance of the facility. The City Manager or his or her designee
shall develop and maintain a general list of resource protection standards that are applicable to natural
areas and conserved lands. This list, which is now maintained by the Natural Area s Department, may
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be modified from time to time based on the experience gained in managing easements, developing
knowledge about the resource values of the City's natural areas and conserved lands, and improved
knowledge related to best management practices needed to protect the natural values of the City's
properties and to reflect specific circumstances or concerns in connection with a particular easement or
project.
COMPENSATIO N AND MITIGAT ION:
As a conditio n of approval of any easement or right of way, the City will require cash compensation for
the value of the permanent and temporary easements and for the administrative costs of processing
and manag ing the easement, except where there is offsetting value and benefit to the Natural Areas
Department. In addition, the City will require compensation for the loss of ecological service values,
recreation values, and other intrinsic values of the property.
Compensation for the value of the land and for damages will be based on fair market value as
determined by accepted appraisal techniques. Compensation for loss in ecological services and
recreation use will be based on values reported in appropriate professional and technical publications.
Compensation for losses in ecological services and recreation use may be negotiated to be paid in
cash or through the completion of appropriate mitigation measures. Additional fees assessed for other
costs associated with processing the easement request and approval process, overseeing construction
activities, and managing the easement following construction will be based on the estimated actual
costs of the service provided. Furthermore, the City will seek compensation intended to support on or
off-site capital improvements or land conservation. In general, compensation and fees will be
administered so as to result in a net benefit to the Natural Areas Department.
PUBLIC INFORMATION AND REVIEW PROCESS:
In addition to the formal advisory board and City Council review procedures described below, the
applicant requesting an easement on City-owned natural area or conserved land will be required to
arrange for a public meeting at which information regarding the proposed easement and related project
will be provided, and at which questions regarding the easement and related project will be taken. The
applicant shall be responsible for ensuring that responses are provided to questions asked at the
meeting to the extent practicable, and that questions and responses and any input received at the
meeting are documented and provided to City staff. The applicant shall be responsible for providing
timely and meaningful notice to the general public in advance of any such public meeting.
ADVISORY BOARD AND COUNCIL REVIEW:
Granting an easement or right-of-way conveys a property right and must be approved by the City
Council by ordinance. The Land Conservation and Stewardship Board will also review the easement
proposal and make a recommendation in its advisory role to the City Council. City staff will be
responsible for working with the applicant on the application process, reviewing and evaluating the
application, and making a recommendation to both the Land Conservation and Stewardship Board and
the City Council. If an easement is granted by the City Council, staff will be responsible for overseeing
and managing the easement and ensuring that the conditions of the grant are met.
APPLICATION REQUIREMENTS AND REVIEW PROCESS:
In addition to this Policy, the City Manager or his or her designee will establish procedures for reviewing
applications for easements and rights-of-way that affect City-owned natural areas and conserved lands.
These procedures shall establish the fees, necessary steps and information requirements for the timely
consideration of requests for easements or rights-of-way. The City Manager or his or her designee will
ensure that easement requests are presented to City Council for decision in a timely manner.
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Application Procedures for Easements or Rights-of-Way on
Natural Areas and Conserved Lands
Updated March 2020
IMPORTANT NOTE: Please allow for at least four to six months to process an easement
request.
1. Initial Steps
A. Initial Contact
Contact the Natural Areas Department to Discuss Easement Needs. To establish initial conta ct with the
NAD regarding an easement or right-of-way proposal, please contact the City of Fort Collins, Natu ral
Areas Department, Land Conservation Manager, Dave Myers via email at dmyers@fcgov.com or by
pho ne at 970.22 4.6170 . Anyone seeking an easement or right-of-way across a Natural Area, lands
manag ed in -full or in- part by the Natural Areas Department (NAD), or on private lands with a
Conservation Easement held by the NAD, herein referred to as “conserved prope rty/conserved
land/conserved area,” is required to have an initial meeting and site visit to discuss the proposal with
the NAD.
B. Schedule Meeting & Site Visit to discuss proposal and to walk the proposed easement
alignment and/or alternative alignments
It is the applicant’s responsibility to schedule and coordinate a meeting and site visit with NAD staff.
During the meeting and site visit NAD staff will discuss the Natural Areas Easement Policy and
associated easement documents, ask why the easement is needed across the City’s conserved
property, and ask what other viable options may be available to avoid the conserve d area. Staff will
identify potential impacts to the conserved property and discuss ways to avoid and/or ways to minimize
impacts to the conserved property. NAD staff will also want to walk the proposed alignment and any
proposed alternative alignments to look at and discuss the various alternatives to avoid the conserved
property. Following the site visit NAD staff will provide comments including general site information and
important “known” natural, cultural, archeological, geological, and recreational features associated with
the area of impact on the conserved property.
2. Administrative Fee and Easement Application Packet Requirements
• NOTE: Coordinate authorization to enter City property. Required for all site visits.
Contact Dave Myers (970) 224-6170
A. Administrative Fee
A non -refundable base administrative fee of $3,000 is charged to proce ss each easement request.
Please submit the a dministrative fee prior to conducting any surveys or field work. All checks should be
made out to the City of Fort Collins Natural Areas Department. Please note on the check Easement
Request.
B. Application Letter
The first item in the application packet should be a cover letter addressed to Dave Myers, Land
Conservation Manager, Natural Areas Department, City of Fort Collins. This letter should address
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several topics: 1) briefly summarize the easement proposal including a general project location, the
NAD affected property(s), and why it is essential to cross the NAD conserved property; 2) briefly
explain the potential alternatives; 3) provide a general timeline; and 4) introduce all parties associated
with the proposal and explain if all parties are in agreement with the proposal.
C. Alternatives Analysis
As stated in the Easement Policy, applications for an easement or right-of-way must identify and
evaluate the environmental im pact, engineering feasibility, and the cost of alternatives that do not affect
the city-owned natural are a or conserved land. Depending on the type of proposal, alternatives will
need to consider both alternative locations for the facility as well as alternative designs.
Prior to providing the information required by this section, the Applicant must meet with a representative
of the Natural Areas Department to discuss alternate routes and alternate designs that must be
considered in the Alternatives Analysis.
The following information should be included within the Alternatives Analysis provided by the applicant.
1. A map of appropriate scale that clearly identifies alternate routes considered for the
easement both on and off City-owned property.
2. A written description of the environmental impacts, engineering feasibility, and project cost
for each alternate route including supporting documentation on feasibility and costs. The
written description shall summarize the wildlife and vegetation survey information and
recreation and wildlife structure information described in the Plans and Permits, Wildlife,
Plant, and Structures sections of the Resource Protection Standards.
3. A written description of any anticipated recreation impacts that will result from the City
granting of the easement or right-of-way.
4. A map of appropriate scale that clearly identifies the location of the requested easement or
right-of-way on City-owned property (including temporary construction easements and
access easements).
5. A written description of public safety benefits from the use of the City-owned natural area or
conserved land.
6. A written summary describing the environmental impacts, recreation impacts, cost savings,
engineering feasibility, and public safety issues avoided by selection of the proposed route
on City-owned land.
7. Based on the conceptual restoration and mitigation plan describe how this plan relates to
the project on City-owned land and how these activities will benefit the City.
8. A map of appropriate scale showing the location of proposed mitigation activities.
D. Conceptual Plans
This information is also addressed in the Gene ral Resource Protection Standards documents.
Conceptual plans must be submitted on an aerial photo at a scale of 1” = 100’ and must include 1’- 2’
contours; property lines with adjoining property ownership shown; approximate location of all wetlands,
streams, d itches, prairie dog colonies, and riparian areas; all existing man-made structures; and all
existing utilities. Additionally, the conceptual plans should show the location(s) of easements needed
for construction staging areas; access and utility line insta llation; the construction’s limits of
disturbance; and the location(s) of alternative alignments.
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E. Resource Protection Compliance and Requirements
All projects on the NAD’s conserved land are bound by and must comply with the requirements set forth
in the General Resource Protection Standards. Not all resource protection standards are applicable to
every proposed project. In the application packet, the applicant is required to acknowledge receipt of
the General Resource Protection Standards (GRPS) document and petition the NAD to exempt any
non- applicable resource protection standards for the proposed project. It is the applicant’s
responsibility to comply with the standards set forth in the GRPS document. Resource protection
standard requirements will vary depending on the location, size and scope of the proposal.
The applicant should have a basic understanding of the site’s general characteristics and important
features based on the initial meeting, site visit, and documentation provided by the NAD. To en sure the
highest level of resource protection the a pplicant is required to become familiar with any and all
documents associated with the site including but not limited to the site’s specific management plan,
guiding documents, an d conservation easements. This information should serve as a starting point to
help the applicant comply with the GRPS requirements and the site -specific management goals.
The applicant should, to the greatest extent possible, complete the necessary requirements identified in
the GRPS document before submitting the application. The applicant must obtain from the NAD a
Special Use Permit which will grant permission to enter the NAD property for any and all survey work
associated with the GRPS. When field investigations are necessary, the applicant should hire an
independent, qualified, third- party biological consultant to assess the site.
Resource protection standards apply to each phase of an easement project, however all applicable pre -
project GRPS requirements should be completed prior to the public meeting. If the applicant is unable
to complete all pre-project GRPS requirements prior to the public meeting, the applicant shou ld provide
detailed information to the public about the resources (biological, cultural, recreational and aesthetic)
potentially affected by the proposed easement or right-of-way. The application packet should
thoroughly incorporate and reflect compliance with the GRPS and the site-specific guiding documents.
All projects on the NAD’s conserved land are bound by and must comply with the resource protection
requirements set forth in the City of Fort Collins Natural Areas and Conserved Lands Easement Policy
and in the General Resource Protection Standards. In addition to complying with the Easement Policy
and the General Resource Protection Standards requirements the applicant should become familiar
with the Natural Area’s site -spe cific management plan and any associated regional plan. Resource
protection requirements will vary depending on the location, size, and scope of the proposal.
Based on the initial meeting and site visit, documentation provided by the NAD, and review of the site’s
guiding documents, the applicant should have a thorough grasp of the site and its important biological,
geological, cultura l, and recreational features. As such, this section of the application packet should
include 1) acknowledgement of receipt and review of the General Re source Protection Standards
document; 2) a statement that the a pplicant will comply with all applicable resource protection
requirements; 3) any petition to the NAD regarding any Protection Standards that are not applicable to
the project and why they shou ld not apply; and 4) address how the project will affect the management
goals outlined in the site-specific management plan.
F. Description of conceptual restoration and mitigation plans
An applicant requesting an easement or right-of-way on the NAD owned or managed property needs to
provide a conceptual restoration and mitigation plan. The restoration plan should explain how the
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applicant will restore the affected areas to a condition that is equal to or better than the condition at the
time the easement is granted. The General Resource Protection Standards and Standards and
Guidelines for Restoration of Utility Easements are documents that should be referenced and used to
help develop a conceptual restoration plan.
The Mitigation and Compensation section explains the various ways applicants are required to
compensate and mitigate for the proposed easement or right-of-way. As the guidance document
explains, the City charges a restoration fee and an ecological service fee to compensate for
disturbances to the conserved property. The document also states that the NAD may require cash
compensation and/or on-site or off-site mitigation as compensation for the ecological service fee.
Potential mitigation projects include additional habitat or vegetation restoration beyond the disturbed
area, trail construction or repair, NAD facility upgrades or repairs, or removal or undergrounding of
above ground features. NAD staff will do an analysis of the project area to assess the land cover type
impacted by the easement or right-of-way and the associated costs for lost ecosystem goods and
services. The NAD will provide a written description to the applicant of the analysis of ecological service
costs. Fees associated with impacted ecosystem services are collected with the signed easement
agreement.
Additional Documentation
Additional documents required for a complete application packet include: 1) a legal description of the
proposed easement(s); 2) survey maps of the project area; 3) requested temporary construction
easement(s) area and final easement(s) area; 4) a site map; 5) a proposed construction schedule; 6)
information demonstrating coordination with other entities and 7) pertinent GIS shape files.
When creating a construction schedule please refer to the Wildlife Section of the General Resource
Protection Standards document. This section has specific wildlife standards and requirements
depending on the wildlife and wildlife habitat associated with the project site. If applicable, the applicant
must contact other utility service providers in the project vicinity to determine if they have current or
future plans for additional facilities in the area. Applicants must provide copies of this communication to
NAD staff as a condition of approval.
NAD staff will also need pertinent GIS shape files including, GIS shape files for all alternative
alignments, the proposed alignment across the NAD’s conserved property, the location of the easement
on the City’s property including the location of temporary construction easements and access
easements, the location of mitigation activities, the project’s boundaries, significant wildlife areas,
recreational features, and structures.
3. Initial Application Review
A. City Staff Review / Evaluation, Presentation Determination, and Feedback
Upon receiving a complete application packet, NAD staff will review and evaluate the application
against the requirements specified in the Easement Policy including land use consistency, master plan
consistency, as well as coordination with other entities, compliance with existing easements, and
compliance with the GRPS document. After the initial review and evaluation, NAD staff will notify the
applicant about the timeline for presentation and review by the Land Conservation Stewardship Board
(LCSB) and City Council. The applicant is encouraged to attend all applicable presentations and
meetings and to assist with preparation of the presentations to the LCSB and City Council. After the
initial review, evaluation, and public meeting, NAD staff will provide feedback with regard to the initial
application including required revisions, updates and/o r modifications.
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B. Public Meeting
Applicants requesting an easement on NAD owned or managed property, May Be Required to arrange
a public meeting where information regarding the proposed easement and related projects are
presented in a public forum. The applicant is responsible for providing timely and meaningful
notification to the general public and NAD staff in advance of any such public meeting and must provide
docu mentation of that notification to NAD staff. The meeting provides the pu blic the opportunity to ask
questions related to easement proposals on the City’s conserved lands. The applicant is required to
provide answers to the publics’ questions to the greatest extent practicable. All questions, answers, and
input received at the public meeting should be summarized, documented, and copies of the
documentation should be provided to the NAD staff. Additionally, if the project changes significantly
from the time of the public meeting to the final proposed project, NAD staff at their sole discretion may
require an additional public meeting to present changes in the project.
4. Easement or Right of Way Approval Process
A. Submit Final Plans, Final Studies, and All Permits
Based on NAD staff feedback and information gathered at the public meeting, the applicant must
prepare and submit all final plans, final studies, and all applicable permits. The GRPS document
outlines these requirements. In summary, the applicant should submit final construction plans and
profiles with applicable GRPS included as notes; excavation and 404 permits; final surveys and/or
completed studies done in association with wildlife, plants, recreational features, and structures;
erosion control plans; a detailed description of the project’s compliance with the GRPS; a final
restoration and mitigation plan; and all pertinent GIS shape files. Clearance letters from the United
States Fish and Wildlife Service are accepted for Threatened and Endangered Spe cies.
B. Revegetation Fee and Ecosystem Goods and Services Costs
After receiving the final plans, final studies, all permits, and any additional required documentation, the
NAD in conjunction with City of Fort Collins Real Estate Services, will provide a written description of
the vegetative management costs associated with each vegetative cover type found within the project
area. This communication will also include a description of how the ecological goods and services costs
were calculated. For more details about revegetation costs and ecosystem goods and services co sts
please see the Mitigation and Compensation section.
C. Preparation of Agreements and Legal Documentation
Once NAD staff has received the final plans, studies, and permits the City of Fort Collins Real Estate
Service and the City Attorney’s Office will prepare draft(s) of the temporary and permanent easement
agreements including land compensation costs and vegetative management costs. These steps include
1) land appraisal and value findings of easement;
2) draft easement agreement prepared by Real Estate Services followed by review and approval by the
City Attorney’s Office;
3) draft easement sent to applicant for review; and 4) final easement submitted to the Land
Conservation Stewardship Board and City Council.
D. LCSB and City Council Hearings and Approvals
Granting an easement or right-of-way con veys a property right and must be approved by the City
Council by ordinance. The Land Con servation and Stewardship Board (LCSB) reviews easement and
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right-of-way proposals and makes a recommendation in an advisory capacity to the City Coun cil. NAD
staff are required to complete the necessary steps for the LCSB and City Council hearings and
app roval. The steps for the LCSB recommendation process include 1) staff review of completed
easement request and recommendations; 2) staff preparation of a board memo for the LCSB; 3) staff
presentation to the LCSB; and 4) Board recommendations to City Council. Similarly, the steps for the
City Council approval process include 1) staff preparation of a City Council Agenda Item Summary with
staff and LCSB recommendations; 2) City Council’s first reading; and 3) City Council’s second reading
and approval.
5. Pre-construction and Construction Approval Process
The following description outlines and provides details about the steps for the pre- construction and
construction approval process and requirements during construction.
A. Submit final documentation and fees
Prior to beginning construction, the applicant must submit the final signed easement agreement(s) and
payment for the appraised value of the easements, restoration fees, and ecological service fees (see
the Fee Schedule for Utility Easement Applications). The City will not sign the easement agreement
until all final documentation and full payment has been received. The City can sign the easement
agreement no sooner than ten days after the Ordinance is approved by City Council on Second
Reading, and once the final plans are accepted.
B. Record of easement with the County Clerk
NAD staff is responsible for recording the easement with the Larimer County Clerk and Recorder. The
easement will be effective once it is recorded.
C. Pre -construction meeting, construction approval letter, and limits of disturbance
Before construction can begin, the applicant is required to have a pre-construction meeting. A NAD
representative must be in attendance to meet the contractors, discuss the importance of the resource
protection requirements, discuss the approved construction schedule, an d establish the lines of
communication to be used during construction. The applicant must receive written communication from
the NAD stating that the project may proceed on NAD property. Actual construction may not begin until
a NAD representative has approved the fence location / easement limits / limits of disturbance.
6. Construction Requirements
Throughout the duration of the project the applicant is required to maintain communication with NAD
staff regarding progress, schedule changes, and problems. NAD staff will conduct periodic inspections
of the construction site throughout the duration of the project including the restoration phase.
7. Project Completion & Drawing of Record
Once th e project is complete a NAD representative must inspect the project site to verify that the
project was completed, and the site restored according to the plans and agreements. City staff will
submit a letter verifying in writing that both the project and restoration work were completed according
to the plans and agreements. Once accepted the NAD will take over the vegetation maintenance. The
Drawing of Record must be submitted to the NAD within 60 days of project completion.
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Application Checklist
General Project Information
Project: ______________________________________________________________________
Contact Info: __________________________________________________________________
Affected Natural Area(s): ________________________________________________________
1. Initial Steps
Contact the Natural Areas departm ent, Land Conservation Manager, Dave Myers
970.224.6170, dmyers@fcgov.com.
Site visit to walk the proposed easement alignments and/or alternative alignments
with Natural Areas Staff.
Coordinate authorization to enter City property. Required for all site visits. Contact Dave
Myers (970) 224-6170
2. Administrative Fee and Easement Application Packet Requirements
Project will not proceed until a complete application and the administrative fee have been received.
Administrative Fee
$3,000 administrative fee is due prior to moving forward.
Application Packet
Base administrative Fee (Non-refundable) $3,000 – paid to the City of Fort Collins
Application Cover Letter
Alte rnatives Analysis
Ecological Characterization Study
Conce ptual Plans
Resource Protection Compliance
Description of Conceptual Restoration and Mitigation Plans
Legal Descriptions
Survey of Easements
Site Map
Proposed Construction Schedule
Utility Coordination Requests and Responses
As Builts, Drawing, Maps, and/or GIS Shape Files for Pertinent Data
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3. Initial Review of Easement Application
Submit application and documents to the NAD Land Conservation Manager
NAD and City Staff application review and evaluation
Staff feedback requesting updates, revision s, and/or modifications
Submit any follow-up do cumentation requested by NAD
Public Meeting (if required)
Submit documentation of questions, responses, and input received at public meeting
to NAD
4. Easeme nt Approval Process
A. Land Conservation and Stewardship Board and City Council Hearings and Approval
LCSB Meeting and Recommendation to City Council
B. Submit Final Plans, Final Studies, and All Permits
Final Construction Plans and Profiles w/ applicable GRPS inc luded as notes
Final Erosion Control Plans (if applicable)
Excavation Permit (if applicable)
404 permit and/or clearance of the project (if applicable)
Completed GRPS surveys/studies associated with wildlife, p lants, re creational
features, and structures
Detailed description of compliance with the General Resource Protection
Standards
Final Restoration an d Mitigation Plan
All pertinent GIS shape files submitted to NAD
C. Revegetation Fee and Ecosystem Goods and Services Costs
Ecosystem service costs and restoration fees. ( NAD Staff Responsibility)
D. Prepa ration of Agreement & Legal Documents (City Staff’s Responsibility)
Receipt of draft(s) of the Temporary and Permanen t Easements Agreements
including land compensation costs and vegetation management costs
5. City Council Hearing – First reading
6. City Council Hearing – Second Reading and Ordnance Approval 7. Pre-Construction and Construction Approval Process
Submit the final signed easemen t agre ement(s)
Submit payment for: (see Fee Schedule for Easement Applications Document)
1) Appraised Value of Easement(s)
2) Restoration Fees 3) Ecological Service Fee(s)
NAD staff records easement with County Clerk
Date of on-site pre-con struction meeting with City Staff
Receipt of letter from Natural Ares stating project may proceed
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Fence location / easement limits / lim its of disturbance checked by NA staff
8. Construction Requirements
Maintain communication with NAD st aff regarding progress, schedule changes, and
problems
Periodic site inspections by NAD staff
9. Project Completion
Date of on-site inspection with City Staff for final project completion and site restoration
assessment
Receipt of letter from City Staff stating approval of project and restoration work
Submit Drawings of Record to the NAD within 60 days after the project is completed
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Fee Schedule
Updated March, 2020
Note: All checks should be made out to City of Fort Co llins Natural Areas Department – Utility
Easement
Administrative Fee (due with application packet)
A base administrative fee of $3,000 will be charged to process each easement
request. The administrative fee sh ould be submitted with the initial application
package.
Base Administrative Fee $ 3,000
Additional Staff Time (Due with signed Easement Agreement)
Staff will track the cost to administer the easement and will bill the Grantee
for any cost in excess of $3,000 at th e cost of staff time plus 20%. The applicant
will be informed if the project exceeds the base fee and as staff time accrues.
Additional Staff Cost $__________
Appraised Value of Easement(s) (due with signed Easement Agreement)
This is not a fee but compensation for conveyance for the easement or right
to use the property based on the market value of the property.
Temporary Construction Easement(s) $__________
Perm anent Easement(s) $__________
Restoration Fee (if applicable, due with signed Easement Agreement)
$3,000 an acre is based on grassland / shrubland cover types. Vegetation
management fees for other cove r types will be determined on a case -by-case
basis.
$3,000/acre x ________ acres = $__________
Ecological Service Fee (if applicable, due with signed Easement Agreement)
(See Mitigation and Compensation Requirements section)
Ecosystem Type:
I.________________________________ $__________
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II.________________________________ $__________
III.________________________________ $__________
IV.________________________________ $__________
Total E.S. Fees $__________
TOTAL DUE WITH AP PLICATION PACKET $ 3,000
_________________________________________________________________________
Permanent Easement Fee $__________
Temporary Easement Fee $__________
Restoration Fee $__________
Ecological Service Fee $__________
Additional Staff Cost $__________
TOTAL DUE WITH SIGNED EASEMENT AGREEMENT $__________
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Fort Collins City Plan
City Plan can be found at the following link:
https://www.fcgov.com/cityplan/
Fort Collins Land Use Code, Division 3.4 Environmental, Natural Area,
Recreati onal and Cultural Resource Protection Standards
Land Use Code Division 3.4 can be found at the following link:
https://www.municode.com/library/co/fort_collins/codes/land_use?nodeId=ART3GEDEST_DIV3.4ENN
AARRECUREPRST
Fort Collins Stormwater Master Plan
Stormwater Master Plan can be found at the following link:
https://www.fcgov.com /utilities/what-we-do/stormwater/master-plan
Fort Collins Transportation Master Plan
Transportation Master Plan can be found at the following link:
https://www.fcgov.com /fcmoves/tmp
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General Resource Protection Standards for Easements or Rights -of-Way
on City of Fort Collins (“Ci ty”)
Natural Areas and Conserved Lands
Update March 2020
Introduction
This document lists the various resource protection standards that may be required as conditions of
granting an easement, license to enter, or right-of-way (collectively referred to in this document as
“easements”) on City Natural Areas and other conserved lands, in order to protect or restore natural
resource values. These measures are consistent with the requiremen ts in the City Land Use Code for
Ecological Characterization Studies and for Resource Protection associated with development projects.
The measures will be evaluated for each easement request and applied as needed, depending on the
site location, characteristics of the site, and on th e nature of the easement.
The applicable resource protection standards will be specifically included in the terms of the easement
agreement. They must also be included as notes on the approved construction plans for the easement
request. The easement holder (“Grantee”) must provide these standards to all contractors who will be
doing work for the Grantee within the easement area. The City may also attach some or all of these
requirements as an addendum to the Grantee’s Developm ent Agreement, if applicable.
These resource protection standards are current as of August 2013. They may be updated from time to
time by the Natural Areas Department based on new information about the resources of the City’s
natural areas or on new information about best management practices. Applicants must contact the
Natural Resources Department for a current list of standards.
The Grantee is responsible for completing, or requiring all its contractors and sub-contractors to
complete, each of the following conditions that the City determines is applicable to the Grantee’s
project:
Plans and Permits
Prior to starting any construction on the Project:
1. Submit final plans to the City and ensure that they have been approved and signed on behalf of
the City. Confirm that all permanent and temporary easements have been approved by City
Council and that the easement documents have been signed by both parties and recorded at the
County Clerk’s Office. Plans must include: 1’-2’ contours; property lines with adjoining property
ownership shown; all wetlands; streams; ditches; riparian areas; prairie dog colonies; raptor
nests; all existing and proposed man-made structures; all existing utilities; all needed easements
for access, construction staging areas, and construction (limits of disturbance); construction plans
and profiles; restoration plans; and general notes stating all construction and restoration
requirements.
2. Obtain a City Excavation Permit.
3. Perform field investigations and surveys to determine the presence and location of sensitive
plants or animal species and geological or archeological features.
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4. Develop an erosion control plan. Th is plan must comply with the City’s Sto rm Drainage Design
Criteria and Construction Standards. Ensure that the erosion control plan has been approved and
signed by the City.
5. Contact the Corps of Engineers to ob tain a 404 permit and/or clearance of the project. Submit two
copies of the permit, or the letter of clearance from the Corps, to the City.
6. Conduct a Preble’s meadow jumping m ouse survey according to U.S. Fish and Wildlife Service
guidelines. Submit two copies of the report and letter of clearance from the U.S. Fish and Wildlife
Service to the City.
7. Conduct a Ute ladies’ tresses orchid survey according to U.S. Fish and Wildlife Service
guidelines. Subm it two copies of the report and letter of clearance from the U.S. Fish and Wildlife
Service to the City.
Construction Coordination and Project Acceptance
8. Arrange for the City’s designated representative to attend the p re-constru ction meeting to meet
the contra cto rs, discuss the importance of the resource protection requirements, discuss and
approve the construction schedule and establish lines of communication to be used during
construction.
9. Maintain ongoing communication with the City’s representative during construction to
communicate progress, changes in schedule, problems, and periodic inspections.
10. Once the project has been completed, arrange for the City’s representative to inspect the project
site to verify that the project was completed, and the site restored according to the applicable
plans and agreeme nts. Once the City accepts the restoration work, the City will generally take
over the vegetation maintenance, per the specific terms of the easement agreement.
11. Provide the City with Drawings of Record within sixty (60) days after the completion of the
improvements.
Wildlife
12. Raptors: Survey the site to determine if any of the following species are present and check with
the City for information on possible nesting, feeding or roosting sites.
a. If the site is used as a winter-feeding area by large birds of prey, construction cannot
take place from October 15 through March 15 to avoid disturbing feeding eagles and
large hawks, unless otherwise directed by the City.
b. If a bald eagle and/or ferrug inous hawk winter night roost is located near the proposed
easement, construction cannot take place from October 15 through March 15 to avoid
disturbing night-roosting eagles and/or hawks.
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c. If a Swainson’s hawk nest is located near the proposed easement, construction cannot
take place from April 1 through Ju ly 15 to avoid disrupting the nesting cycle of the hawk.
d. If a red-tailed hawk nest is located near the proposed easement, construction cannot
take place from March 1 through July 15 to avoid disrupting the nesting cycle of the
hawk.
e. If burrowing owls are nesting within 330 feet of the limits of development, construction
cannot take place from April 1 through August 1 to avoid disrupting the nesting cycle of
the owls.
13. If construction will be taking place in or through an area that contains or may contain prairie dogs,
either relocate the prairie dogs or fumigate the burrows immediately prior to any grading.
Relocation of Prairie dogs between February 1 and August 1 is not permitted. Burrowing owl
survey required prior to fumigation. Proof of prairie dog eradication required prior to grading.
14. Perform the wildlife surveys described below, notify the City of the survey results and obtain
approval of construction schedule prior to starting construction. These surveys may be done
several months prior to construction, but if done more than 30 days prior to constructio n they
must be performed again within 30 days prior to the start of construction to verify results.
a. The site may contain den sites for red foxes. Conduct surveys to determine if any foxes are
denning within 100 feet of the limits of development. If foxes are found to be denning within
100 feet, then construction cannot take place durin g the normal denning and pup-rearing
season (February 1 through October 1).
b. The site may contain den sites for coyotes. Conduct surveys to determine if any coyotes
are denning within 300 feet of the limits of development. If coyotes are found to be denning
within 300 feet, then construction cannot take place during the normal denning and pup-
rearing season (February 1 through October 1).
c. The site may contain den sites for badgers. Conduct surveys to determine if any badgers
are denning within 300 feet of the limits of development. If badgers are found to be denning
within 300 feet, then construction cannot take place during the normal denning and young-
rearing season (January 1 through August 1).
Plants
15. The site may con tain plant species listed as rare in Colorado. If a rare plant is discovered prior
to or during construction activities, notify the City. The City may, in its discretion, require the
Grantee to remove all such plants within the limits of disturbance prior to construction, keep
plants alive and replant after construction is completed, or the City may salvage existing plants
and shrubs for transplanting to other sites.
16. The site may contain native shrubs and/or trees that may be within the limits of development.
Any native shrubs/tre es removed to allow construction or damaged during construction must be
replaced on a two-for-one/same species basis. All replacement shrubs/trees must be 1-gallon
container size and must be warranted to survive for 2 complete growing seasons.
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Structures
17. Remove, store, protect and replace any man-made structures (e.g., kiosks, raptor perch poles,
prairie dog barriers and fencing) within the limits of disturbance.
18. Repair any damage to concrete bike trails, fe nces, parking lo ts, or any other improvements
caused directly or indirectly by the construction. Repair/replace improvements immediately to
current City standards, including matching the color of the concrete.
Field Demarcation
19. Install orange construction fencing to mark the easement limits (limits of disturbance) on the
site. Do not begin any construction activities until the City’s representative has approved the
fence location.
20. Post temporary signs informing the public that this is the Grantee’s project and indicating the
purpose of the project and the Grantee’s phone number. Signs must be posted at the locations
designated by the City.
Erosion Control
21. Have erosion control measures in place and approved by a City rep resentative prior to any
construction.
Grading/Construction
22. Required documentation that equipment has been washed/disinfected prior to arriving on site to
prevent the spread of noxious species.
23. For areas with native vegetation, strip topsoil in all areas of excavation to a depth of 8 inches
and stockpile separately. Wetland and upland soils must be stockpiled separately from each
other. Place the topsoil in an 8-inch layer on top of the subsoil in the corresponding zone
immediately following the completion of construction.
24. For areas with non-native vegetation, strip the top 2 inches of topsoil from the entire
construction easement area and remove the topsoil from the site to remove the non -native
vegetation see d source. Then strip 8 inches of topsoil from the area to be excavated and
stockpile separately. Wetland and upland soils must be stockpiled separately from each other.
Place the topsoil in an 8-inch layer on top of the subsoil in the corresponding zone immediately
following the completion of construction.
25. Maintain a safe work area and protect the safety and welfare of Grantee’s employees,
contractors or su bcontractors, and the general public, including without limitation providing
barricades and safety fences around excavations and drop-offs lef t open at the end of a
workday. Safety precautions must be in compliance with all applicable laws, rules and
regulations.
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26. Compact backfill in trenches to 95% Standard Proctor Density. Test the compacted soils at 100’
intervals horizontally and 2’ intervals vertically within the area of excavation to ensure that this
requirement has been met. Submit to the City all laboratory Proctor density results, and a copy
of all field compaction tests. After compaction to final subgrade (8” below finished grade), the
top 6 inches of subsoil must be ripped (no more than 20” between intervals), and th e previously
stripped and stockpiled topsoil materials spread evenly over the excavated areas. Soils in
backfilled, compa cted, top soil trenches must match the grade of the surrounding undisturbed
areas.
27. Set all manhole covers, valve lids, vaults, etc. below or flush with the finished topsoil surface. If
any improvements are approved for construc tion above the final grade, they must be painted
with a color approved by the City.
28. Remove the upper sections of all existing manholes to be abandoned and fill the holes with soil.
This soil must be compacted to 95% Standard Proctor Density to prevent settlement.
29. Remove the upper sections of all existing manholes to be retained, but that are not flush with
the finished topsoil surface and rebuild to be flush with the topsoil surface.
30. Bring to grade (match surrounding topography) all settled and eroded areas along the existing
pipeline, if any, to be abandoned during construction of the new pipeline. Repair any settlement
that occurs over the existing pipeline or new pipelines after completion and acceptance of the
project by the City. Any necessary repairs must be conducted in a manner and at a time
directed by the City. Repaired areas must be restored as per restoration requirements outlined
in this document or in the easement agreement.
31. Areas within the limits of disturbance that have been driven over, compacted or rutted by
equipment must be scarified to a depth of 8” (not to exceed 10” between intervals), and
regraded to original grade and contours.
32. Meet with the City’s representative to discuss and get approval of the final grading and the
seeding/mulching process prior to reseeding. Seed all disturbed and topsoiled areas with a seed
mix of native species specified by the City. The seed must be drilled into the soil an appropriate
depth for the species in the mix and existing conditions, using a range drill (not a Brillion).
Immediately following seeding roll the seeded areas with a sheep’s foot roller to lightly compact
and imprint the soil. This removes air voids, provides better seed-soil contact and provides
indention’s in the soil that will capture moisture. All seeded areas must then be hydromulched in
accordance with the City’s Storm Drainage Design Criteria and Construction Standards.
Following final grading and initial seeding of the Construction Easement Area and acceptance
by the City, the City will be responsible for ongoing vegetation management, including weed
control, mowing, and reseeding, as needed, in areas disturbed and seeded in accordance with
this paragraph. The cost for the City to perform the vegetation management over the next five to
ten years is calculated to be three thousand dollars ($3,000.00) per acre of disturbance based
on grassland/shrubland cover types. Vegetation management fees will be determined on a
case-by-case basis for other cover types.
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Any requirements listed above that a re not completed in a timely manner may be corrected by the City
at the Grantee’s expense. The City will bill the Grantee for the cost of the correction plus management
costs.
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Standards and Guidelines for Restoration of Ut ility Easements
and Rights -of-Way
Updated March 2020
PART 1 – GENERAL
1.1 DESCRIPTION
This section covers the requirements for the revegetation of utility easements on City Natural Areas and
Open Lands. This includes but is not necessarily limited to upland and wetland soil stockpiling,
preparation, and placement, soil amendments, seeding, mulching, sediment and erosion control fabrics,
watering and initial care, and final inspection and acceptance by the City. This section addresses all
areas disturbed during the work shown or indicated in the executed utility easement documents and
approved project plans.
1.2 PROJECT MONITORING
The recipient of the utility easement (Grantee) shall notify the Natural Areas Department (NAD) at least
three (3) working days prior to the commencement of any work. NAD will monitor the progress of the
work throughout. NAD will also, at its discretion, collect samples during construction of seed, fertilizers,
soil additives, water, or any other materials it deems necessary to ensure specifications are met.
1.3 SUBMITTALS
General - The Grantee shall be required to submit statements of guarantee and/or certifications from
vendors who supply seed, mulches, tackifiers, fertilizers, and any soil amendments or other materials
utilized on the project. These submittals are detailed in Part 2 – Materials.
Required Soils Testing – The Grantee shall, if requested by NAD, sample project soils and submit
them for analysis to a qualified soil testing laboratory prior to the start of any seeding operations. As
least one soil sample per project soil type must be collected. The location of soil samples shall be jointly
determined by the Grantee and NAD. Soil Samples shall be analyzed for the following minimum
parameters:
1. pH
2. % Organic Matter
3. Texture (actual % sand, silt, clay, not an estimate)
4. CEC
5. Nitrate, Phosphorous, Potassium, Zinc, Iron, Copper, and Manganese (results in ppm)
The laboratory shall be informed of the species proposed to be planted and the general nature of the
project. Based on this information, the laboratory shall provide written recommendations for soil
amendments and /or fertilizers. This report shall be submitted to NAD, where it will be reviewed and
approved or modified prior to any soil preparation or seeding.
1.4 GRANTEE’S SITE RESPONSIBILITIES
It shall be the responsibility of the Grantee to locate and protect all utilities, structures,
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roadways, parking areas, fences, survey markers, existing vegetation (e.g. tree s), etc. on all work sites.
Any damage caused by the Grantee or their subcontractors shall be immediately repaired or corrected
by the Grantee at no expense to the City of Fort Collins.
1.5 CLEANING
All work sites shall be kept clean and free from all debris. At the conclusion of work, the Grantee shall
remove and haul from the site all excess materials, debris, and equipment. Any damage (e.g. damaged
fencin g, damaged road surfaces, excessive t ire furrows, mud tracked onto pavement, etc.) resulting
from the Grantee’s activities shall be repaired by the Grantee to the satisfaction of NAD at no expense
to the City of Fort Collins.
1.6 INSPECTION; ACCEPTANCE
Initial inspection – The Grantee shall give the NAD three (3) working days written notice prior to the
beginning of any revegetation work. The Gra ntee and NAD will inspect the site and verify that all utility
work has been completed in accordance with specifications, including but not limited to backfill and
compaction, final site grading, replacement of topso il, removal of all construction materials, and site
cleanup. When this has been verified, NAD will notify the Grantee in writing that revegetation wo rk may
begin.
Conditional Acceptance - When work has been completed on the project or on any portion or phase
of the project designated in the documents and plans, the Grantee and NAD shall inspect the site
together and determine whether or not the work is complete and has been done in accordance with
easement documents and specifications. If mutual agreement cannot be reached on these issues, the
determinations made by NAD shall be final. Deficiencies in the work, if any, shall be noted and a
checklist of these deficiencies given to the Grantee by NAD. The Grantee shall immediately correct any
deficiencies listed on the checklist. When all checklist items are completed to the satisfaction of NAD,
NAD shall issue a Certificate of Conditional Acceptance.
Final Inspection & Final Approval – There are two options available for final approval and
acceptance by the City of revegetation work covered under this section. The decision on which
option to use must be jointly agreed upon by NAD and the Grantee PRIOR TO THE
COMMENCEMENT OF ANY WORK ON THE PROJ ECT. There are two options listed for reference:
Option 1 (City Preferred Option):
The Grantee shall pay the City of Fort Collins Natural Area Program a lump sum of $3,000 per acre
disturbed. At such time as the Contractor is issued a conditional letter of acceptance as defined above,
and the monies are paid, the City will assume maintenance responsibility fo r the revegetated area. This
acceptance DOES NOT relieve the Grantee from the warranty of the work as defined below in the
Warranty paragraph.
Warranty - The Grantee shall warrant all seeded areas against defective materials and workmanship
for two gro wing seasons from the date of Conditional Acceptance. At any time during the warranty
period, NAD may order any samples collected at the time of seeding to be tested for purity, weed
content, species present, etc. The Grantee shall be responsible for the cost of these tests. The Grantee
shall rework and reseed (in accordance with the provisions in the original project specifications) any
areas that are dead, diseased, contain too many weedy species, or in the opinion of NAD are in an
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unhealthy cond ition as a result of defective materials or workmanship, at no cost to the City. Any and all
reseeding or other remedial measures required shall be completed within ten days of notification by
NAD.
Option 2 (Grantee a ssumes long-term responsibility for successful restoration):
The Grantee shall put up $3,000/acre in escrow in advance
The Grantee shall main tain all seeded areas for at lea st two (2) growing seasons from the date of the
Certificate of Conditional Acceptance . The Grantee shall be required to meet the coverage
requirements of planted species and all other stipulations stated below. In order to accomplish these
requirements, th e Grantee will be expected to protect and maintain the seeded areas until the issuance
of a Certificate of Final Acceptance. These maintenance requirements shall include, but not necessarily
be limited to the following:
Protection of Seeded Areas - The Grantee shall make every effort to protect seeded areas from
unnecessary pedestrian or vehicu lar traffic until the grasses are well established. This protection may
include fencing, barricades, and signage.
Mowing and Weed Control - All seeded areas shall be mowed at least three times per growing
season (the first mowing each season to be done prior to the time seeds mature on weedy species),
leaving a stubble of five to six inches (5” to 6”).
Weed, Disease, and Insect Control - The Grantee may, at his discretion, chose to apply appropriate
herbicide(s), fungicides, and/or insecticides to contro l weedy species, plant disease, and insect
infestations. All such applications must comply with all local, state, and federal guidelines and
requirements.
Watering - The Contractor may water seeded areas if he deems it necessary to ensure the required
foliage coverage requirement is met.
Coverage Requirement - All seeded areas shall be inspected jointly by the Grantee and NAD at
specified intervals. Areas seeded in the spring shall be inspected for required co verage the following
fall not later than October 1st. Areas seeded at any other time shall be inspected the following two
summers not later than August 1. The required coverage fo r the first inspection shall be ten (10) viable
live seedlings of the specified species per 1000 square centimeters (approximately one square foot), or
fifty percent (50%) coverage of the specified foliage as measured from five feet (5’) directly overhead,
with no bare spots larger than 1000 square centimeters. At the time of the second growing season
inspection, there shall be seventy-five percent (75%) foliage cover of the specified species planted as
measured from five feet (5’) direc tly overhead. No more than ten percent (10%) of the species noted on
the site may be weedy specie s as defined by Article III, Section 20-41 of the Code of the City of Fort
Collins. Determination of required coverage will be based on fixed transects each ten meters in length,
randomly placed in representative portions of the seeded areas, with plant species or bare
ground/rock/litter being noted every ten (10) centimeters along each transect.
Warranty - The Grantee shall warrant all seeded areas against defective materials and workmanship
for two growing seasons from the date of Conditional Acceptance. At any time during the warranty
period, NAD may order any samples collected at the time of seeding to be tested for purity, weed
content, species present, etc. The Grantee shall be responsible for the cost of these tests. The Grantee
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shall rework and reseed (in accordance with the provisions in the o riginal project specifications) any
areas that are dead, diseased, contain too many weedy species, or in the opinion of NAD are in an
unhealthy condition as a result of defective materials or workmanship, at no cost to the City. Any and all
reseeding or other remedial measures required shall be completed within ten days of notification by
NAD.
Final Acceptance - At the end of two growing seasons, if the cover requirement has been met and all
required maintenance performed, NAD shall issue a Certificate of Final Acceptance to the Grantee.
PART 2. MATERIALS
2.1 GENERAL
All materials used sha ll be new and without flaws or defects of any type and shall be the best of their
class and kind. All materials furnished shall be free of noxiou s weeds as defined in Article III, Section
20-41 of the Code of the City of Fort Collins, including but not limited to Russian Knapweed, Canada
Thistle, Field Bindweed, Johnsongrass, Leafy Spurge, and Kochia. Any materials which have become
wet, moldy, or otherwise damaged in transit or in storage will not be used.
All materials shall be furnished in original manufacturers shipping bags or containers and remain in
these bags or containers until they are used. All materials shall be stored in a manner which will
prevent contact with precipitation, surface water, or any other contaminating substance.
2.2 SEED
The seed mix will be specified by NAD. All seed shall be mixed by a wholesale seed supplier in the
proportions determined by NAD in order to obtain the application rate sp ecified by NAD. All seed shall
conform to all current State and Federal regulations and will be subject to the testing provisions of the
Association of Official Seed Analysis. All seed and seed mixes shall be furnished in bags or containers
clearly labeled to show the name and address of the supplier, the common, scientific, and variety
name(s) of the seed(s), the lot number, point of origin, net weight, percent of weed content, and the
guaranteed percentage of purity and germination. These labels shall be submitted to NAD for
approval prior to seeding. The Grantee shall furnish to NAD a signed statement certifying that the
seed furnished is from a lot that has been tested by a recognized laboratory for seed testing within six
months prior to the date of delivery.
2.3 FERTILIZER
Fertilizer, if necessary, shall be specified by NAD after reviewing required soils test re sults. All fertilizer
shall be a standard commercial product of uniform composition, free flowing and conforming to
applicable State and Federal laws. It shall be delivered in original, unopened containers, unless
provisions are made and approved by the NAD for bulk deliveries to the site of the work. The cost of
any needed fertilizer will be negotiated. All fertilizer shall be approved by NAD prior to application.
No cyanamide compounds will be permitted in fertilizers. The Contractor shall submit to NAD the
manufacturer's guaranteed chemical analysis, name, trade name, trademark, and confo rmance to state
law of all fertilizers.
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2.4 MULCH
General - The type of mulching material to be used shall be designated by NAD.
Hay or Straw Mulch - All hay or straw mulch shall be grass hay or straw. At least seventy-five (75%)
percent of the mulch by weig ht shall be ten (10”) inches or more in length. Mu lch shall not contain any
noxious weed, must, mold, cake, or decay. All mulch must be certified, copies of certification to be
submitted to NAD for approval prior to transport to the construction site.
Native Grass Hay Mulch – At least seventy-five (75%) of the mulch by weight shall be ten (10”) inches
or more in length. Native grass hay mulch shall be certified, copies of the certification to be submitted to
NAD for approval prior to transport to th e construction site.
Hydraulic Mulch - Hydromulch material shall consist of at least ninety (90%) percent virgin wood
cellulose fiber and be free of any substance or factor which might inhibit germination or growth of grass
seed. Th e wood cellulose fibers shall have the property of becoming evenly dispersed and suspended
when agitated in water. Hydraulic mulch shall be clean and shall not contain the seeds of noxious
weeds or unspecified grasses. It shall be dyed a color to allow visual metering of its application. When
sprayed uniformly on the surface of the soil, the fibers shall from a blotter-like ground cover which
readily absorbs water and allows infiltration to the underlying soil. Weight specifications for hydraulic
mulch from suppliers and for all applications shall refer only to air dry weight of the fiber, a standard
equivalent to ten (10%) percent moisture. Th e hydraulic mulch material shall be supplied in packages
having a gross weight not in excess of one hundred (100 lbs.) pounds and shall be marked by the
manufacturer to show the air-dry weight content.
The Grantee shall obtain and submit to the project ma nager certifications from suppliers of hydraulic
mulch that laboratory and field testing of their product has been accomplish ed, and that it meets all the
foregoing requirements pertaining to wood cellulose fiber mulch.
2.5 ORGANIC TACKIFIER/BINDER
Tackifier, if needed for hyd ro mulching operations, shall be approved by NAD prior to its use. Tackifier
shall be an approved commercial grade product (such as "M-Binder" from Ecology Controls, P.O. Box
1275, Carpinteria, CA 93013) suitable for use with virgin wood cellulose fiber mulch. Any tackifier shall
be a non-toxic, non-corrosive, all organic powder which forms a resilient, re-wetable membrane when
combined with wood fiber mulches and water. Tackifier materials shall be furnished in original
manufacturer’s bags or containers clearly labeled to show the name and address of the supplier, and
the material chemical contents. Labels and certificates shall be submitted to NAD
2.6 EROSION CONTROL NETTING, BLANKETS, MATS, FABRICS
Erosion control blankets, mats, o r other commercial products for stabilizing land disturbed areas may
be required in certain areas. If so, the type, manufacturer, and installation method for these products
will be specified by NAD.
2.7 WATER
All water used on projects under this Contract shall be free of any substances harmful to plant
germination and growth, or to the environment in general. The Gran tee shall be responsible for
furnishing and applying water which meets these requirements. NAD may, at the Grantee’s expense,
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submit sam ples of water used on any project for laboratory analysis (of a reasonable number and kind)
to insure the quality of the water.
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Mitigation and Compensati on Requirements for Easements
and Rights-of-W ay
Updated March 2020
The mission of the Natural Areas Department is to “protect and enhance lands with existing or
potential natural areas values, lands that serve as community separators, agricultural lands, and
lands with scenic values. Protection of natural habitats and features is the highest priority, while
providing for education and recreation for the Fort Collins community.”
Lands purchased and conserved by the Natural Areas Department (NAD) provide a wide variety of
benefits to the citizens of Fort Collins and Larimer County that include fish and wildlife habitat, wildlife
viewing, recreation opportunities, agricultural products, community separation and simply the va lue
provided by open space views. Other benefits include water and air purification, water infiltration, flood
control, habitat for pollinators of crops and natural vegetation, erosion control, and maintenance of
biodiversity. Collectively these benefits are described as ecological goods and services (also called
natural goods and services) and represent resources and processes that are supplied by natural
ecosystems. Ecosystem goods are considered tangible items such as food, timber, and natural fibe r.
Ecosystem services are less tangible but just as integral to a healthy, functioning ecosystem. These
services often go unnoticed and include such items as water purification and flood control.
The conservation community has long recognized that ecological goods and services have a financial
value based in part on the fact they are difficult and costly to duplicate. Numerous studies published
in natural resource and economic literature have delineated and quantified these ecolog ical goods
and services, a nd o thers have devised methodologies for placing a value on the ecological goods and
services provided by conserved lands. NAD has selected a document prepared by the Trust for Public
Land titled A Return on Investment: The Economic Value of Colorado’s Conservation Easements to
establish the value of ecological goods and services on NA D lands. TPL conducted this analysis to
determine Colorado’s return on investments in conservation easements. As part of this project, TPL
estimated the value of ecological goods and services provided by co nserved lands in Colorado based
on information gathered through a literature review of values previously calculated for the major land
cover types featured in the National Land Cover Dataset, created by the U.S. Geological Survey.
Ecological goods and services considered in the analysis include water supply, flood control, fish and
wildlife habitat, recreation, aesthetics, carbon sequestration, dilution of wastewater, erosion control,
grazing, and agricultural crop production.
While, this synthesis document will be used to establish ecological goods and service values for NAD
conserved lands, NA D recognizes this is a growing field of study and will continue to pursue
opportunities to better define and adjust the values. In all case s, ecological goods and service values
will be adjusted on an annual basis based on the Denver-Boulder-Greeley CPI-U. Table 1 provides the
value per acre per year for the cover types in Colorado; values are reported in 2018 dollars.
Compensation
The Natu ral Area Department owns and/or manages over 35,000 acres of land within Fort Collins and
in unincorporated Larimer County. As such, NAD is contacted with requests for easements and rights-
of-way that cross conserved lands. The general policy is to a void, to the maximum extent feasible,
granting easements or rights-of-way for activities that will adversely affect the use of the land for
meeting the community’s goals for natural area protection and or community shaping. When easements
33
or rights-of-way are authorized by City Council, efforts will be made to avoid and/or minimize
environmental impacts and NAD will be compensated for the value of the property.
Compensation to the NAD will be based on the property’s fair market real estate value as determined
by accepted appraisal techniques, and the value of the ecological goods and services lost due or
impacted by the project as described below in “Ecological Goods and Services Calculation.”
Administration and Maintenance Fees
Once a site is disturbed, not only is the value of the natural goods and services lost for a period of
time, but it takes many hours of staff time to administer the restoration of the disturbed site. A base
administrative fee of $1,500 will be charged to process easement requests. The base administrative
fee is due with the initial application packet. Staff will track its cost to administer the easement and will
bill the Grantee for any cost in excess of $1,500 based on staffs’ pay rates plus 20% for overhead
expenses. Staff will regularly inform the applicant of th e costs the applicant is incurring during the
administrative process.
Following final grading and initial seeding of the disturbed site and acceptance by the City, the NAD
will be responsible for ongoing vegeta tion managem ent, including weed control, m owing, and
reseeding, as needed. The cost for the City to perform the vegetation management over the next five
to ten years is calculated to be three thousand dollars ($3,000.00) per acre of disturbance based on
grassland / sh rubland cover types. Vegetation management fees will be determined for other cover
types on a case -by-case basis. The cost of this service will be evaluated and adjusted as needed.
Ecological Goods and Services Calculations
The length of time needed for e cologica l goods and services to return to a pre-disturbance condition is
difficult to predict. Since the time necessary for full restoration is difficult to predict the following
assumptions are made: (1) a period of ten years will be used to estimate the length of time ecological
goods and services are lost or reduced (2) ecological goods and services are lost in full for the first five
years and compensated at one hundred percent (100%) of the assigned value, and (3) ecological
goods and services are partially restored in years six through ten and compensated at fifty percent
(50%) of the assigned value. Payment will be due in full at the time the easement is granted and will
be based on the entire ten-year period.
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Table 1 Provid es the per a cre per year value for the cover types in this area (from Sargent-
Michaud, J. 2010. A return on investment: The economic value of Colorado’s conservation
easements. The Trust for Public Lands) Actual dollars will be adjusted for inflation using the
US Bureau of Labor Statistics, CPI Inflation Calculator.
Ecosystem Type Fee/Acre/Year
(2020)
Mixed Forest $ 1,102.00
Deciduous Forest $ 1,100.00
Evergreen Forest $ 1,100.00
Emergent Herbaceous Wetland $ 981.00
Woody Wetland $ 981.00
Scrub / Shrub $ 764.00
Agriculture $ 354.00
Open Water $ 334.00
Developed - Low Density $ 243.00
Developed - High Intensity Urban $ 243.00
Shortgrass Prairie $ 110.00
Grassland / Herbaceous $ 106.00
Sagebrush $ 103.00
$
$
$
On-site or Off-site Mitigation
NAD may select cash or mitigation as compensation for the loss in natural goods and services.
Mitigation projects may occur on or off-site and include such items as:
• Habitat or vegetation restoration beyond what is disturbed by the project,
• Trail construction or repair,
• Natural Area Public Facility upgrade or repair,
• Removal or undergrounding of above ground features.
Preference will be given to mitigation projects that occur within or adjacent to the Natural Are a affected
by the easement. If additional acres are restored, preference will be given to the restoration of the
same cover type within or adjacent to the affected Natural Area.
In all cases, the site impacted by the easement project will be restored and the mitigation project
approved by Council.
ATTACHMENT 3
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ORDINANCE NO. 009, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF AN EASEMENT TO
LARIMER COUNTY FOR REMEDIATION ACTIVITIES
ON CATHY FROMME PRAIRIE NATURAL AREA
IN ACCORDANCE WITH THE CITY’S INTERGOVERNMENTAL AGREEMENT WITH
LARIMER COUNTY AND LOVELAND FOR CORRECTIVE MEASURES
RELATED TO THE LARIMER COUNTY LANDFILL
WHEREAS, the City is the owner or joint owner with Larimer County (the “County”) of
multiple parcels of land adjacent to Taft Hill Road south of Harmony Road know as Cathy
Fromme Prairie Natural Area and managed by the City (the “Natural Area”); and
WHEREAS, the City is also the joint owner with the County and the City of Loveland
(“Loveland”), of land adjacent to the Natural Area used as the Larimer County Landfi ll and
managed by the County (the “Landfill”); and
WHEREAS, on December 22, 2020, the Council adopted Resolution 2020-119,
approving an agreement by and among the City, Larimer County and the City of Loveland (the
“IGA”) regarding their mutual commitments and responsibilities related to the remediation of
environmental contamination at and from the Landfill; and
WHEREAS, Section V.D of the IGA requires the City Manager to present for Council
approval in January 2021 an ordinance authorizing a future easement consistent with and subject
to the requirements of that provision; and
WHEREAS, specifically, Section V.D. provides as follows:
1. All parties to the IGA will rely on a Colorado Department of Public
Health and Environment (“CDPHE”) approval of a remediation plan to set
the standards (numeric or descriptive) for environmental cleanup of the
Natural Area;
2. The County will use its best reasonable efforts to avoid any disturbance of
the Natural Area;
3. If notwithstanding the requirement in subparagraph 2 above, the Natural
Area must be disturbed:
a. The County will protect (in its proposal to CDPHE) all Natural
Area values stated in the Fort Collins Natural Areas and Conserved
Lands Easement Policy for the Natural Area (attached to the IGA
as Exhibit C);
b. The County proposal to CDPHE for approval will describe (1) the
Natural Area values underlying or impacted by its proposal, and
(2) how the strategies in the proposal attain and protect those
values;
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c. Fort Collins will accept a CDPHE approval that is based on
Natural Area values as determined by CDPHE after CDPHE’s
review of the County proposal;
d. In January 2021, the Fort Collins City Manager will present to and
recommend for approval to the Fort Collins City Council an
ordinance authorizing the easement that is required for the County
to implement the Landfill Corrective Measures Work, consistent
with this Section V.D. This ordinance will confirm that any
easement as required for the remediation plan developed and
approved in accordance with this Section V.D is authorized and
shall be granted (without payment of real estate-related charges) in
accordance with this Section, subject only to the general resource
protection standards, and standards and guidelines for restoration
in the Fort Collins Natural Areas and Conserved Lands Easement
Policy. Any costs incurred by the County in complying with these
objective requirements of the Easement Policy shall be
Remediation Costs. If the ordinance referenced in this paragraph
is not approved in January, 2021 and has not been authorized at
such time as a need for an easement arises in the future, the failure
to approve such an ordinance shall be considered a breach.
e. By way of example but not limitation, although Fort Collins
strongly disfavors phytoremediation on the Natural Area, if the
Landfill Corrective Measures Work as approved by CDPHE
requires such phytoremediation after consideration of the matters
set forth in this Section V.D, the easement will include
authorization for phytoremediation; and
WHEREAS, as the County’s remediation work has not yet been designed, proposed to or
approved by CDPHE, City staff does not yet know whether the implementation of the remedy
will require activities on the Natural Area and, if so, what the nature and extent of the activity on
the Natural Area will be; and
WHEREAS, after development of the remedy in accordance with the IGA, the City
Manager and City Attorney will confer and prepare an easement describing the Easement Area
and incorporating the resource protection and restoration guidelines standards as set forth in the
IGA (the “Easement”); and
WHEREAS, the County will pay the City’s administrative fees for processing its
application for the Easement; however, the IGA provides that the County will not be charged for
the value of the Easement because the City is a joint owner of the benefitted Landfill property
and the remediation effort will benefit the City as well as the County; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell,
convey or otherwise dispose of any interests in real property owned by the City, provided the
City Council first finds, by ordinance, that such sale or other disposition is in the best interests of
the City; and
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WHEREAS, under Section 23-114 of the City Code, any sale or lease of City property
interests must be for an amount equal to or greater than the fair market value of such interests
unless the City Council determines that such sale or lease serves a bona fide public purpose
based on the five factors listed in Section 23-114; and
WHEREAS, conveying the Easement to the County for less than fair market value serves
a bona fide public purpose because:
(1) The use to which the Easement will be put promotes the health and safety of the
citizens of Fort Collins by monitoring groundwater for contamination so that it
can be controlled and remediated;
(2) The use to which the Easement will be put supports the City Council’s
commitment to environmental health as outlined in the Strategic Plan;
(3) The financial support provided by the City through the below-market conveyance
of the Easement will be leveraged with other funding and assistance from the
County;
(4) The grant of the Easement will not result in any direct financial benefit to any
private person or entity, except as an incidental consequence that is not substantial
relative to the public purpose being served;
(5) Conveying the Easement to the County at less than fair market value will not
interfere with current City projects or work programs, hinder workload schedules
or divert resources needed for primary City functions or responsibilities; and
WHEREAS, accordingly, it is the Council’s desire to authorize the City Manager, in
consultation with the City Attorney, to present the Easement to the Mayor for sign ing under the
authority granted in this Ordinance when the City Manager determines it is appropriate after the
successful completion of the steps described above.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds that the conveyance of the Easement to
the County in accordance with the IGA as provided herein is in the best interests of the City and
serves a bona fide public purpose.
Section 3. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Easement to the County on terms and conditions determined by the City
Manager and City Attorney to be consistent with this Ordinance, together with such additional
terms and conditions as the City Manager, in consultation with the City Attorney, determines are
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necessary or appropriate to protect the interests of the City or effectuate the purposes of this
Ordinance or the IGA.
Introduced, considered favorably on first reading, and ordered published this 5th day of
January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of January, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk