HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/17/2001 - RESOLUTION 2001-94 ESTABLISHING A POLICY FOR THE R AGENDA ITEM SUMMARY ITEM NUMBER: 37
DATE: July 17,2001
110 FORT COLLINS CITY COUNCIL FROM:• Mark Sears
SUBJECT:
Resolution 2001-94 Establishing a Policy for the Review and Approval of Easements on City
Owned Natural Areas and Open Lands.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY:
Since 1993, the City of Fort Collins has implemented a strong land acquisition program to
protect significant natural habitats and features, to conserve agricultural lands, and to help shape
the physical boundaries of the community according to the City Structure Plan. As these land
holdings have increased, so have the number of requests for easements, rights-of-way, or other
encroachments for facilities such as water pipelines, sewer pipelines, flood control structures,
and other uses. This Resolution would establish a Council policy for the review and approval of
future easement requests.
BACKGROUND:
Beginning in 1993, the Natural Resources Department began a program of acquiring key natural
areas in the community as well as key agricultural areas that help form the community separator
between Fort Collins and surrounding communities. Currently 6,471 acres of natural area and
2,235 acres of open land are owned by the City. Active efforts are continuing to protect
additional lands which are considered important for the protection of natural resource values, or
the preservation of open space surrounding the community.
Because the City's land conservation program has emphasized the acquisition of key lands
within or adjacent to the urban area, there have been an increasing number of requests for
easements to accommodate utilities or other facilities that are associated with the continued
growth of the Fort Collins community. Several of these easement requests have become
controversial because they posed potential conflicts between the protection of natural features
and the infrastructure needs of developing areas. There was concern among some members of
the community that the City's natural areas and open lands would be viewed simply as "empty
spaces" and would therefore become the most attractive option for the location of pipelines and
other facilities - the path of least resistance. In contrast, there was concern among other
segments of the community that City natural areas and open lands would become an
unreasonable barrier to the continued growth of Fort Collins according to our adopted
Comprehensive Plan.
DATE: July 17,2001 2 ITEM NUMBER: 37
In response to a request from the Natural Resources Advisory Board, Council directed staff to
develop a policy for the review and approval of easement requests on City-owned natural areas
and open lands. Natural Resources staff worked closely with the Natural Resources Advisory
Board to develop the proposed policy for Council consideration. Natural Resources staff also
coordinated with staff from Transportation Services, Utilities, Real Estate Services, and the City
Attorney's office in the development of the proposed policy. If approved by Council,the policy
will be used to guide: (1) the submittal of easement requests by private parties, special districts,
and city projects; (2) the review and evaluation of the request by staff and the Natural Resources
Advisory Board; and (3) presentation of the request to the City Council. Individual requests will
still need to be approved by ordinance.
The policy makes it clear that the City-owned natural areas and open lands are not simply vacant
land; rather, they are important community facilities that help meet important community goals
and are part of the fabric of Fort Collins. At the same time, the policy does not preclude granting
easements on natural areas and open lands. It provides guidance for avoiding, minimizing, and
mitigating adverse impacts associated with easement proposals.
Following are some of the key features of the policy:
• Provides general guidance with respect to certain types of facilities, but
acknowledges that each request needs to be individually reviewed and evaluated.
• Requires consideration of alternative locations and designs for facilities proposed in
easements on natural areas or open lands.
• Requires that easement requests be consistent with the City's land use and other
master plans.
• Requires the development and implementation of resource protection measures that
are tailored to individual sites and proposals in order to assure adequate resource
protection and restoration of natural resource values.
• Underscores the fact that fair compensation must be paid for the value of the land and
any damages associated with an easement.
• Provides for review of all requests by the Natural Resources Advisory Board and the
City Council.
RESOLUTION 2001-94
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING A POLICY FOR THE REVIEW AND APPROVAL
OF EASEMENTS ON CITY NATURAL AREAS AND OPEN LANDS
WHEREAS,the City of Fort Collins(the"City")has acquired and designated natural areas
and open space properties for the benefit of the citizens of the City,pursuant to Section 25-72(a)of
the City Code, as the same has from time to time been modified or supplemented,pursuant to that
portion of Larimer County's open spaces sales tax collections attributable to and distributed to the
City in accordance with the provisions of that sales tax provision, and pursuant to the terms and
conditions of various other dedications, grants and donations of funding for that purpose; and
WHEREAS, the City is responsible for managing its natural areas and open lands in a
manner that protects the natural features and functions for which those properties were acquired;and
WHEREAS, the City from time to time receives requests for easements and other
encroachments on City natural area and open space properties,which requests are typically reviewed
by City Natural Resources Department staff,the Natural Resources Advisory Board,and such other
interested City staff or advisory boards or commissions as may be appropriate given the specific
circumstances,and are then presented to the City Council for approval pursuant to City Code Section
23-111; and
WHEREAS, as the City has acquired more natural areas and open lands properties, and as
development pressure in the Fort Collins area has continued to increase,the number and frequency
of requests for such easements and encroachments has steadily increased,and will likely continue
to increase; and
WHEREAS, in an effort to document a standardized method of processing and evaluating
such requests for easements and encroachments,Natural Resources Department staff has developed
a policy outlining the various requirements, considerations and standards that will serve as a
guideline in the future processing of such requests,which policy is attached hereto as Exhibit"A"
and incorporated herein by this reference(the"Natural Areas and Open Space Easement Policy");
and
WHEREAS, the City Council has reviewed the Natural Areas and Open Space Easement
Policy, and believes that the adoption and implementation of said policy will be beneficial to those
parties seeking easements and encroachments on natural area and open space property and to
members of the general public with an interest in the protection ofthose properties,and will facilitate
the effective and efficient processing of requested easements and encumbrances; and
WHEREAS,for the foregoing reasons,the City Council wishes to approve the Natural Areas
and Open Space Easement Policy in order to assist staff to identify situations in which the grant of
easements and encroachments on City natural area and open space properties will be appropriate and
to assist in the development of conditions and requirements for such grants.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows that the City Manager, through the Natural Resources Department, shall
receive,review and present for Council consideration all requests for easements on City properties
acquired with funds dedicated to the acquisition of natural area and open space property, or
otherwise managed and operated by the City as a City Natural Area as defined in Section 23-192 of
the Code of the City of Fort Collins,in accordance with the Easement Policy for City of Fort Collins
Natural Areas and Open Lands,which Easement Policy is hereby approved and adopted by the City
Council.
Passed and adopted at a regular meeting of the City Council held this 17th day of July,A.D.
2001.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
CITY OF FORT COLLINS
NATURAL AREAS AND OPEN LANDS
EASEMENT POLICY
Adopted by Resolution 2001 -- , July 17, 2001
PURPOSE:
The purpose of this policy statement is to clarify the policies and procedures of the City
of Fort Collins with respect to requests for easements or rights-of-way that affect publicly
owned Natural Areas or Open Lands that are managed by the Natural Resources
Department, Community Planning and Environmental Services. The policy does not
apply to requests for easements or rights-of-way on or across other lands owned by the
City of Fort Collins.
APPLICABILITY:
The policy applies to requests for new easements or rights-of-way for a wide variety of
purposes, including without limitation, streets, water, sewer, drainage, flood control,
electric power,and telecommunications facilities. The policy applies to projects of the
City of Fort Collins as well as those proposed by other public entities, for example
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 the public natural area.
GENERAL POLICY:
The natural areas and other open lands addressed by these policies were acquired by the
City of Fort Collins with dedicated funds from sales taxes that were approved by the
voters of Fort Collins or Latimer County for the specific purpose of protecting natural
areas and open 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 open 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."
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Requests for easements or rights-of-way that affect natural areas or open 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 permitted by
ordinance of the City Council, the general policy is, to the maximum extent feasible to
minimize the impact on the natural area or the community by limiting 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 open lands owned by the City of Fort Collins occur
within an urban context, it is recognized that requests for easements and rights-of-way
will be forthcoming in order to allow for the orderly development of the community in
accordance with the adopted Comprehensive Plan. Individual requests will be evaluated
in accordance with both the general policy and with the specific policies listed in
following sections.
SPECIFIC TYPES OF FACILITIES:
Public Streets. New highways, roads, or streets will not be allowed within City-owned
natural areas or open lands,except for those specifically identified in the adopted City of
Fort Collins Master Street Plan or comparable Master Transportation Plan adopted by the
appropriate governing body in cases where the natural area or open land is located
outside of the City of Fort Collins. Widening or other street improvement projects on
existing streets within natural areas or open lands will be allowed, consistent with the
City of Fort Collins Master Street Plan or comparable adopted Master Transportation
Plan. The alignment and design of any highway, road, or street improvement will be
planned to avoid or minimize the effect on the natural area or open land.
Private Streets or Other Private Access. Requests by private parties for private streets
or access easements to cross natural areas or open lands in order to gain access to a
private parcel of land will not be considered unless crossing the natural area is the only
feasible means of providing access to a legal parcel of land.
Overhead Electric Power,Telephone,or Cable Lines. New overhead cable lines will
not be allowed within any city-owned natural area or open land. Replacement of
existing overhead cables with underground cables will generally be encouraged unless
the installation of underground lines will result in adverse impact to the natural area that
is inconsistent with these policies.
Aboveground Structures. New buildings or other structures, including without
limitation, towers, transmitters, receiving stations, tanks, substations, or billboards, will
not be allowed on city-owned natural areas or open lands.
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• 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 open 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 located 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 instances 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.
Drainage Facilities for Private Development. Drainage facilities that serve new
development(such as detention,retention, or water quality ponds) shall be located on
private land within the development and not on city-owned natural areas or open 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. Flow conveyance will utilize existing swales, or drainages, to the maximum
extent feasible and be designed to blend into the surrounding terrain and enhance the
natural habitat features or 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 open lands to create developable land by
removing it from the floodplain. 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 open 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 Area , 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 area
and open land 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 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 open land properties 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)..
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ALTERNATIVES ANALYSIS:
In general,rights of way and easements across City-owned natural areas and open lands
will only be approved if they are the only reasonable alternative,considering
environmental impacts, impacts to the use 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 open 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
Natural Resources Advisory 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.
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 City of Fort Collins Comprehensive Plan.
Where the purpose of the easement is to provide utility services to areas outside the land
use jurisdiction of the City of Fort Collins, the applicant must demonstrate consistency
with the adopted Comprehensive Plan of the governing jurisdiction, and with any
applicable growth management policies of the City of Fort Collins. Applications for
easements that facilitate development or growth that is contrary to the policies of the
City of Fort Collins 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:
The City will generally 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
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utility providers to conserve easement corridors and to avoid repeated construction
activities that may affect the natural area or open 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 other easements they
possess that affect natural areas or open lands of the City of Fort Collins. 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 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 of Fort Collins will
impose appropriate measures to assure adequate resource protection for the natural area
or open 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 plant or animal species; siting requirements to
minimize the effect on sensitive natural resources; seasonal timing restrictions to avoid
impacts to sensitive species or areas 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, etc.; 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 designee shall develop and
maintain a general list of resource protection standards that are applicable to natural areas
and open lands. This list may 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 open lands, and improved knowledge about the appropriate
measures needed to protect the natural values of the City's properties.
COMPENSATION:
As a condition of approval of any easement or right of way, the City of Fort Collins will
require compensation for the easement and for the cost of processing and managing the
easement. Compensation for the value of the land and for damages will be based on fair
market value as determined by accepted appraisal practices. Fees will be assessed for
other costs associated with processing the easement request and approval process,
overseeing construction activities, and managing the easement following construction.
Fees will be based on the estimated actual costs of the service provided.
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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 Natural Resources Advisory 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 Natural Resources Advisory 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 Statement, the City Manager or his designee will establish
procedures for reviewing applications for easements and rights—of-way that affect city-
owned natural areas and open 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 designee will ensure that easement requests
are presented to City Council for decision in a timely manner.
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Procedures for Applications
for
Easements or Rights of Way
on
City of Fort Collins
Natural Areas and Open Lands
1. Schedule Meeting with Natural Resources to discuss easement needs.
Contact Natural Resources - Natural Areas Program Manager @ 221-6600. At the meeting
staff will discuss the Natural Areas Easement Policy, ask why the easement is needed across
the City of Fort Collins Natural Area, and ask what other viable options may be available to
avoid the Natural Area. Staff will identify potential impacts to the Natural Area, and discuss
ways to avoid the Natural Area and/or ways to minimize impacts to the Natural Area.
2. Schedule Field Trip to walk the proposed easement alternatives.
Schedule a field trip with Natural Areas staff to walk the proposed easement alternatives. On
the field trip staff will also want to look at and discuss the various alternatives to avoid the
Natural Area. Following the field trip staff will provide written comments, determine which
of the "General Resource Protection Standards" may apply, and will determine the Easement
Application Fee.
3. Schedule Presentation/Submittal of Easement Application Letter with Conceptual
Utility Plans, Alternative Alignment Analysis and Application Fee
Presentation and Application Letter should include 1) Analysis of alternative alignments to
avoid the Natural Area, 2) Cost estimates for the various alignments, 3) Analysis of the
potential impacts to the Natural Area, 4) Response to staff's initial issues and concerns and 5)
conceptual plans. Conceptual plans shall be submitted on an aerial photo at a scale of
1"=100' and must include property lines with adjoining property ownership shown,
approximate location of all wetlands, streams, ditches, prairie dog colonies, riparian areas, all
needed easements for construction staging areas, access and utility line installation, and the
alternative alignments. Staff will decide if a presentation of the conceptual plans to the
Natural Resources Advisory Board(NRAB), the adjoining property owners and/or public is
necessary at this time. Staff will provide comments and requirements in writing, and a draft
of the Temporary and Permanent Easement Agreements including land compensation costs,
and vegetation management costs.
4. Easement Approval Process
Submit revised application letter, conceptual plans, legal descriptions and sketches of
easements (hard and electronic copy) and a site map for the NRAB and Council Agenda
Items. Also submit a letter stating that all parties to the easement agreements have reviewed
the agreements and agree with the requirements, and stating the proposed schedule for the
construction. If the application documents are complete staff will schedule a presentation to
the NRAB for their review and recommendation to Council. Once the NRAB
recommendation has been completed, staff will prepare the Agenda Item Summary (with
. Staff's and the NRAB's recommendations) and Ordinance for Council approval, which
requires two readings. The NRAB usually meets once a month and Council usually meets
Page 1 of 2
twice a month. Agenda items must be submitted one week prior to a NRAB meeting and two.
weeks prior to a Council meeting.
5. Submit Preliminary Plans,Environmental Mitigation/Restoration Plans for Review
Staff will review and provide written comments on the preliminary plans, required studies
and permits. Preliminary plans must include: contours;property lines with adjoining property
ownership shown; all wetlands; streams; ditches; riparian areas; prairie dog colonies; all
existing and proposed man made structures; all existing utilities; all needed easements for
access; construction staging areas and utility line installation (limits of disturbance); utility
line construction plans;restoration plans; general notes stating all construction and
restoration requirements; and the alternative alignments.
6. Submit Final Plans for Review and Approval
The City will not sign the easement agreement until following has been submitted and
accepted: final plans, final studies, and all permits. Final plans shall include all items
required on preliminary plans.
7. Submit Signed Easement Agreement with Compensation
If Council approves the ordinance on second reading, the City can sign the easement
agreement ten days afterwards and once the Final plans are accepted. Submit the signed
Easement Agreement and compensation prior to this to expedite signature process.
8. Record Easement with County Clerk
Applicant is responsible for recording the easement with the County Clerk. The easement
will be effective once it is recorded and a copy of the recording certificate is provided to the
City.
9. Schedule Pre-Construction Meeting
A Natural Resources representative must be in attendance at the pre-construction meeting to
meet the contractors, discuss the importance of the resource protection requirements, discuss
and approve the construction schedule and establish lines of communication to be used
during construction.
10. Communication During Construction
Maintain ongoing communication with the Natural Resources representative during
construction to communicate progress, changes in schedule, problems, and periodic
inspections.
11.Schedule Project Approval
Once project has been completed the Natural Resources representative must inspect the
project site to verify that the project was completed and the site restored according to the
plans and agreements. Once accepted, Natural Resources will take over the vegetation
maintenance.
12.Submit Drawings of Record
Provide Natural Resources with Drawings of Record within sixty(60) days after the
completion of construction of the improvements.
Page 2 of 2
• General Resource Protection Standards
for
Easements or Rights of Way
on
City of Fort Collins
Natural Areas and Open Lands
Introduction
This document lists the various resource protection standards that may be required to
protect or restore natural resource values on City-owned Natural Areas. These
measures are consistent with the requirements 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
the 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.
These resource protection standards are current as of July 2001. They may be
• updated from time to time by the Natural Resources 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.
Plans and Permits
1 . Have the final plans approved and signed by the Natural Resources Department
and the permanent and temporary easements approved by City Council and
recorded at the County Clerks Office prior to starting any construction. Plans must
include: 1'-2' contours; property lines with adjoining property ownership shown; all
wetlands; streams; ditches; riparian areas; prairie dog colonies; 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 Excavation Permit from the City Engineering Department prior to starting
construction.
3. Perform field investigations and surreys to determine the presence and location of
. sensitive plants or animal species and geological or archeological features.
Page 1 of 6
4. Develop an erosion control plan. The erosion control plan shall comply with the
City's Storm Drainage Design Criteria and Construction Standards, and shall be
approved and signed by the City prior to construction.
5. Contact the Corps of Engineers to obtain a 404 permit and/or the project shall be
cleared by the Corps of Engineers. Copies of the permit, or the letter of clearance
from the Corps, shall be submitted to the Natural Resources Department and the
Utilities prior to any construction start.
6. Conduct a Preble's meadow jumping mouse survey according to U.S. Fish and
Wildlife Service guidelines. Copies of the report and letter of clearance from the
U.S. Fish and Wildlife Service shall be submitted to the Natural Resources
Department and the Utilities prior to any construction start.
7. Conduct a Ute ladies' tresses orchid survey according to U.S. Fish and Wildlife
Service guidelines. Copies of the report and letter of clearance from the U.S. Fish
and Wildlife Service shall be submitted to the Natural Resources Department and
to the Utilities prior to any construction start.
8. The City shall attach these requirements for the utility easement as an addendum
to the Development Agreement for (development's namel.
Construction Coordination and Project Acceptance
9. Natural Resources representative must be in attendance at the pre-construction
meeting to meet the contractors, discuss the importance of the resource
protection requirements, discuss and approve the construction schedule and
establish lines of communication to be used during construction.
10. Maintain ongoing communication with the Natural Resources representative
during construction to communicate progress, changes in schedule, problems,
and periodic inspections.
11. Once the project has been completed the Natural Resources representative must
inspect the project site to verify that the project was completed and the site
restored according to the plans and agreements. Once accepted, Natural
Resources will take over the vegetation maintenance.
12. Provide Natural Resources with Drawings of Record within sixty (60) days after
the completion of the improvements.
Page 2 of 6
• Wildlife
13. This site is used as a winter feeding area by large birds of prey. To avoid
disturbing feeding eagles and large hawks, construction must take place outside
of the normal period when these birds are using the site. Thus, construction
cannot take place from October 15 through March 15.
14. A bald eagle [and/or ferruginous hawk] winter night roost is located within [xxx]
feet of the proposed easement. To avoid disturbing night-roosting eagles [and/or
hawks], construction must take place outside of the normal period when these
birds are present on the night roost. Thus, construction cannot take place from
October 15 through March 15.
15. A Swainson's hawk nest is located within [xxx] feet of the proposed easement. To
avoid disrupting the nesting cycle of the hawk, construction must take place
outside of the normal nesting and brood-rearing season. Thus, construction
cannot take place from April 1 to July 15.
16. A red-tailed hawk nest is located within [xxx] feet of the proposed easement. To
avoid disrupting the nesting cycle of the hawk, construction must take place
outside of the normal nesting and brood-rearing season. Thus, construction
cannot take place from March 1 to July 15.
17. Construction will be taking place through an area that contains [or may contain]
prairie dogs. Either relocate the prairie dogs or fumigate the burrows immediately
prior to any grading. Prairie dogs cannot be relocated between February 1 and
August 1.
18. The following wildlife surveys need to be performed within 30 days of the start of
construction. Notify Natural Resources representative of the survey results for
approval of construction schedule prior to starting construction.
19. This site may contain nesting burrowing owls, a Colorado Threatened Species.
Conduct surveys to determine if any owls are nesting within 330 feet of the limits
of development. If owls are found to be nesting within 330 feet, then construction
cannot take place during the nesting and brood-rearing season (April 1 through
August 1).
20. This 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 fox are found to
be denning within 100 feet, then construction cannot take place during the normal
denning and pup-rearing season (February 1 through October 1).
21. This 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
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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).
22. This site may contain den sites for badgers. Conduct surreys 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
23. This site contains [species namel, a Colorado rare plant. Remove all rspecies
namel within the limits of disturbance prior to construction. [applicant's namel
must keep plants alive and replant after construction is completed.
24. Notify City one month prior to construction, so that the Natural Areas Crews will
have time to salvage existing plants and shrubs for transplanting to other sites.
25. This site contains native shrubs and/or trees that the City has planted for
fourpose--habitat enhancement, prairie dog barrierl [and/or are naturally occurring
native shrubs/trees] that are within the limits of development. The native
shrubs/trees removed to allow construction or damaged during construction must
be replaced on a two-for-one/same species basis. All replacement shrubs shall
be 1-gallon container size and must be warranteed to survive for 2 complete
growing seasons.
Structures
26. Remove, store, protect and replace any natural areas man-made structures (e.g.,
kiosks, raptor perch poles, prairie dog barriers and fencing) within the limits of
disturbance.
27. Repair any damage to concrete bike trails, fences, parking lots, 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
28. Install orange construction fencing to mark the easement limits (limits of
disturbance) on the site. A Natural Areas representative must approve fence
location prior to any construction.
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29. Post temporary signs informing the public that this is a[applicant's namel project
and indicating the purpose of the project and the [applicant's name] phone
number. Signs shall be posted at the following locations: [list locationsl.
Erosion Control
30. Have erosion control measures in place and approved by a Natural Areas
representative prior to any construction.
G radi ng/Construction
31. 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 shall be stockpiled
separately from each other. The topsoil shall be placed in an 8-inch layer on top
of the subsoil in the corresponding zone immediately following the completion of
construction.
32. For areas with non-native vegetation. Strip the top 2 inches of topsoil from the
entire construction easement and remove the topsoil from the site to remove the
non-native vegetation seed source. Then strip 8 inches of topsoil from the area to
be excavated and stockpile separately. Wetland and upland soils shall be
stockpiled separately from each other. The topsoil shall be placed in an 8-inch
layer on top of the subsoil in the corresponding zone immediately following the
completion of construction.
33. Construction shall comply with the [District] specifications. In addition, any trench
left open at the end of a workday shall be fenced to provide public safety.
34. Compact backfill in trenches to 95% Standard Proctor Density. Test the
compacted soils at 100' intervals vertically and 2' intervals horizontally within the
area of excavation to ensure that this requirement has been met. The City shall
receive 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 shall be ripped, and the previously stripped and stockpiled
topsoil materials spread evenly over the excavated areas. Soils in backfilled,
compacted, topsoiled trenches shall match the grade of the surrounding
undisturbed areas.
35. Set all manhole covers, valve lids, vaults, etc. below or flush with the finished
topsoil surface.
36. Remove the upper sections of all existing manholes to be abandoned and fill the
. holes with soil. This soil shall be compacted to 95% Standard Proctor Density to
prevent settlement.
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37. Remove the upper sections of all existing manholes to be retained, but are not
flush with the finished topsoil surface, and rebuild to be flush with the topsoil
surface.
38. Repair any settlement that occurs over the new pipelines after completion and
acceptance of the project by the City. Any necessary repairs shall be conducted
in a manner and at a time directed by the City. Repaired areas shall be restored
as per restoration requirements outlined in this document.
39. Bring to grade (match surrounding topography) all settled and eroded areas along
the existing pipeline to be abandoned during construction of the new pipeline.
Repair any settlement that occurs over the existing pipeline after completion and
acceptance of the project by the City. Any necessary repairs shall be conducted
in a manner and at a time directed by the City. Repaired areas shall be restored
as per restoration requirements outlined in this document.
40. Areas with in the limits of disturbance that have been driven over, compacted or
rutted by equipment shall be scarified to a depth of 8" and regraded to original
grade and contours.
41. Meet with a Natural Resources 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 shall 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 goats 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 shall
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 shall 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 two thousand four hundred and fifty
dollars ($2,450.00) per acre of disturbance.
42. Any requirements listed above that are not completed in a timely manner will be
corrected by the City and the expense of the correction plus management costs
will be billed to [applicant's namel.
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