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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/05/2004 - RESOLUTION 2004-120 AUTHORIZING AN INTERGOVERNMENT ITEM NUMBER: 23 AGENDA ITEM SUMMARY DATE: October 5, 2004 FORT COLLINS CITY COUNCIL STAFF: Gale McGaha Miller SUBJECT Resolution 2004-120 Authorizing an Intergovernmental Agreement with the United States Fish and Wildlife Service Regarding Conservation of the Threatened Colorado Butterfly Plant on Meadow Springs Ranch. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY The Colorado butterfly plant (also known as Gaura) is a threatened species found primarily in Wyoming and Nebraska. It has also been found living in a small portion of city-owned Meadow Springs Ranch. This location contains the only known Gaura population in Colorado. The USFWS has approached the City with a request to enter into a voluntary conservation agreement. A conservation agreement would spell out certain best management practices, such as grazing density and duration, the use of herbicides, and haying. Current range management practices align well with the goals of the USFWS, and would serve to fulfill the requirements of a conservation agreement. The Ordinance authorizes the City to convey the conservation agreement. BACKGROUND The Colorado butterfly plant (also known as Gaura) is a threatened species found primarily in Wyoming and Nebraska. It has also been found living in a small portion of city-owned Meadow Springs Ranch. This location contains the only known Gaura population in Colorado. The City owns and manages Meadow Springs Ranch as a land application site for the beneficial re- use of wastewater biosolids. The City also manages the site as a seasonal cattle grazing facility and works with a range management consultant to ensure optimal stewardship of the land. Current conservation measures include a grazing management program where grazing density and duration are modified in response to changing range conditions such as drought. Haying, herbicide application, and prescribed burns are undertaken only with the greatest of care to avoid damage to range health. October 5, 2004 -2- Item No. The USFWS has identified the Meadow Springs Gaura site as critical habitat for the plant. Critical habitat is generally designated when the USFWS lists species as "threatened," according to Endangered Species Act regulations. On August 6, 2004,the USFWS proposed critical habitat for the plant, which included the Meadow Springs Gaura site. The comment period for the proposal ends October 5, 2004. Designating critical habitat for a threatened species does not affect land ownership nor place any requirements on landowners, thus affording little protection of the species. In lieu of a critical habitat designation, the preferred approach of the USFWS is to create a greater level of protection for the plant by developing voluntary conservation agreements with landowners where the plant exists. The USFWS has approached the City with a request to create such a voluntary conservation agreement. A conservation agreement would spell out certain best management practices, such as grazing density and duration, the use of herbicides, and haying. Current range management practices align well with the goals of the USFWS, and would serve to fulfill the requirements of a conservation agreement. Ongoing communication would occur between the City and USFWS staff, and the USFWS would conduct regular surveys of the Gaura population. If the City enters into a conservation agreement, USFWS will take action to remove the Meadow Springs Gaura site from the list of critical habitat. This proposal was presented as an information item to the Water Board and Natural Resources Advisory Board at its September 23 and September 15, 2004, meetings, respectively. RESOLUTION 2004-120 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE UNITED STATES FISH AND WILDLIFE SERVICE REGARDING CONSERVATION OF THE THREATENED COLORADO BUTTERFLY PLANT ON MEADOW SPRINGS RANCH WHEREAS,the City of Fort Collins,using Wastewater Utility revenues,purchased in 1990 the 25,680 acre Meadow Springs Ranch, which lies 22 miles north of Fort Collins on each side of Interstate 25 and 10 miles south of Cheyenne, Wyoming; and WHEREAS, the Colorado butterfly plant, also known as Gaura, a threatened species found primarily in Wyoming and Nebraska,has been found in a small portion of Meadow Springs Ranch; and WHEREAS, this population is the only known population of the plant species in Colorado; and WHEREAS, the United States Fish and Wildlife Service (the "FWS") has initiated the process of designating critical habitat for the Colorado butterfly plant, but is seeking generally to provide better protection for the plant species through the negotiation of conservation agreements with owners of property on which the populations of the plant species are located; and WHEREAS,the FWS has requested that the City enter into a voluntary agreement regarding the management of the Colorado butterfly plant population on a 280-acre area of Meadow Springs Ranch north of the ranch headquarters; and WHEREAS, City staff has worked cooperatively with the FWS and with the Natural Fort Grazing Association, which currently leases Meadow Springs Ranch for cattle grazing, regarding the measures to be taken to protect the Colorado butterfly plant; and WHEREAS,the primary requirement of the Conservation Agreement proposed by the FWS is for the City to continue the current grazing and other land management practices where the Colorado butterfly plant occurs, and coordinate with the FWS regarding any substantial changes in grazing and/or other land management practices in order to maintain habitat to meet the conservation needs of the Colorado butterfly plant; and WHEREAS, the Conservation Agreement has a fifteen year term, but is terminable by the City or the FWS with thirty days' notice; and WHEREAS,the Conservation Agreement further provides for the FWS to provide technical assistance in monitoring and evaluating the Colorado butterfly plant population on Meadow Springs Ranch; and WHEREAS, City staff has recommended that the City Council authorize the City Manager to enter into the Conservation Agreement,in view of the benefits to be achieved through cooperation with the FWS in the preservation of the Colorado butterfly plant and its habitat; and WHEREAS,the City is authorized to enter into intergovernmental agreements to provide any function, service or facility, such as a grant agreement, as provided in Article H, Section 16 of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized to enter into the Conservation Agreement, upon the terms and conditions described above and such other terms and conditions,or subsequent modifications or amendments, as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City and effectuate the purposes set forth herein, not otherwise inconsistent with this Resolution. Passed and adopted at a regular meeting of the City Council held this 5th day of October, A.D. 2004. Mayor ATTEST: City Clerk Meif oOWiS,�f� ngs Ranch Gaura Site r � - 4 iff6 J rI vt f , - jYS � r O ' 00 - N j � r }`. ,fin r-• I � J.! �'r' •� � rr �t ,