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HomeMy WebLinkAboutRUDOLPH FARM INFRASTRUCTURE - Filed DA-DEVELOPMENT AGREEMENT - RECEPTION#20250003100, 1/24/2025 11:58:52 AM,1 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND PNE PROSPECT ROAD HOLDINGS, LLC THIS DEVELOPMENT AGREEMENT (the "Agreement"), is made and entered into on the date of the last signature below, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City"; and PNE Prospect Road Holdings, LLC, a Colorado limited liability company, hereinafter referred to as the "Developer." WITNESSETH: WHEREAS, the Developer is the owner of certain real property situated in the County of Larimer, State of Colorado (hereafter sometimes referred to as the "Property" or, in context with the proposed improvements as the "Development") and legally described as follows, to wit: Rudolph Farm, located in the southwest quarter of Section 15, Township 7 North, Range 68 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado, as more particularly described in Exhibit A, attached hereto and incorporated herein. WHEREAS, the Development is known to the City as Rudolph Farms Infrastructure Project, ID# FDP220010; and WHEREAS, the Developer desires to develop the Property and has submitted to the City all plats, plans, including utility plans, reports and other documents required for the approval of a final plan according to the City's development application submittal requirements master list (the "Final Development Plan Documents"), copies of which are on file in the office of the City Engineer and made a part hereof by reference; and WHEREAS, the parties hereto have agreed that the development of the Property will require increased municipal services from the City to serve the area and will further require the installation of certain improvements primarily of benefit to the Property and not to the City of Fort Collins as a whole; and WHEREAS, the City has approved the Final Development Plan Documents submitted by the Developer, subject to certain requirements and conditions, which involve the installation of and construction of utilities and other municipal improvements in connection with the development of the Property. 1 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,2 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO NOW, THEREFORE, in consideration of the promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, it is agreed as follows: I. General Conditions A. The Recitals set forth above are hereby incorporated in and made a part of this Agreement by this reference. B. References to the City Code, Land Use Code, or other laws, regulations, or rules shall include subsequent amendments thereto or adopted laws, regulations, or rules intended to replace or otherwise supersede prior laws, regulations, or rules. By way of example, if the City were to adopt in the future a revised Land Use Code that replaces and supersedes the current Land Use Code, then the relevant section of the revised Land Use Code would apply in lieu of the Land Use Code provisions referenced herein. C. The terms of this Agreement shall govern all development activities of the Developer pertaining to the Property. For the purposes of this Agreement, "development activities" shall include, but not be limited to, the following: (1) the actual construction of improvements, (2) obtaining a permit therefor, or (3) any change in grade, contour or appearance of the Property caused by, or on behalf of, the Developer with the intent to construct improvements thereon. D. All water, sanitary sewer collection, and storm sewer lines and facilities, and all streets, curbs, gutters, sidewalks, bikepaths, and other public improvements required by this Development shall be paid for and installed by the Developer as shown on the Final Development Plan Documents and in full compliance with the standards and specifications of the City on file in the office of the City Engineer at the time of approval of the utility plans relating to the specific utility, subject to a three year time limitation from the date of approval of the Final Development Plan Documents. In the event that the Developer commences or performs any construction pursuant hereto after the passage of three years from the date of approval of the Final Development Plan Documents, the Developer shall resubmit the utility plans to the City Engineer for reexamination. The City may then require the Developer to comply with the approved standards and specifications of the City on file in the office of the City Engineer at the time of the resubmittal. E. No building permit for the construction of any structure within the Property shall be issued by the City until the public water lines and stubs to each lot, fire hydrants, electrical lines, sanitary sewer lines and stubs to each lot, and public streets (including curb, gutter, sidewalk, and pavement with at least the base course completed) serving such structure have been completed and accepted by the City, each in accordance with the time and sequence set forth in this Agreement and Exhibit B, attached hereto and incorporated herein. Notwithstanding the foregoing construction requirements, timing, and sequencing, the Developer will be eligible to apply for building permits for irrigation 2 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,3 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO pump houses, monument signs, or both, provided the Developer meets certain conditions as further described in Subsection II.M. of this Agreement. No building permits shall be issued for any structure located in excess of 660 feet from a single point of access, unless the structures contain sprinkler systems that are approved by the Poudre Fire Authority. F. Any water lines, sanitary sewer lines, storm drainage lines, electrical lines, and/or streets described on Exhibit B, shall be installed within the time and/or sequence required on Exhibit B. If the City Engineer has determined that any water lines, sanitary sewer lines, storm drainage facilities and/or streets are required to provide service or access to other areas of the City, those facilities shall be shown on the Final Development Plan Documents and shall be installed by the Developer within the time as established under "Special Conditions" in this Agreement. G. Street improvements shall not be installed until all utility lines to be placed therein have been completely installed, including all individual lot service lines (water and sewer) leading in and from the main to the property line and all electrical lines. H. The installation of all utilities shown on the Final Development Plan Documents shall be inspected by the Engineering Department of the City and shall be subject to that department's approval. The Developer agrees to correct any deficiencies in such installations in order to meet the requirements of the plans and/or specifications applicable to such installation. In case of conflict, the Final Development Plan Documents shall supersede the standard specifications, except that if the conflicts are a result of Federal or State mandated requirements, then the Federal or State mandated requirements shall prevail. I. Unless authorized by the City pursuant to law, the public right-of-way (ROW) shall not be used for staging or storage of materials or equipment ("Staging") associated with the Development, nor shall it be used for parking by any contractors, subcontractors, or other personnel working for or hired by the Developer to construct the Development. The Developer shall find a location(s) on private property to accommodate any necessary Staging and/or parking needs associated with the completion of the Development. Information on the location(s) of these areas shall be provided to the City as a part of the Development Construction Permit (DCP) application. J. Developments constructed with privately maintained streets shall be constructed to the same design standards as those constructed on similar public ROWs. Public easements shall be provided for access, utilities, and drainage as required by the design and location of such infrastructure and as reflected on the Final Development Plan Documents. Alignment and grades on privately maintained streets and drives shall allow for safe access, ingress and egress by owners, visitors, the general public and public safety officials and equipment, as approved by the City Engineer. K. All storm drainage facilities shall be designed and constructed by the Developer so as to protect downstream and adjacent properties against injury and to adequately serve the Property (and other lands as may be required, if any). The Developer shall 3 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,4 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO meet or exceed the minimum requirements for storm drainage facilities as have been established by the City in its Drainage Master Plans and Design Criteria. The Developer, for itself and its successor(s) in interest, does hereby indemnify and hold harmless the City from any and all claims that might arise, directly or indirectly, as a result of the discharge of injurious storm drainage or seepage waters from the Property in a manner or quantity different from that which was historically discharged and caused by the design or construction of the storm drainage facilities, except for (1) claims and damages that are caused by the acts or omissions of the City in maintenance of such facilities that have been accepted by the City for maintenance; (2) errors, if any, in the general concept of the City's master plans (but not to include any details of such plans, which details shall be the responsibility of the Developer); and (3) specific written or otherwise documented directives that may be given to the Developer by the City. No language in this Subsection shall be construed or interpreted as establishing in any way the City's liability for any act or omission, and the terms of this Subsection solely relate to the Developer's obligation to indemnify and hold harmless the City. The City agrees to give notice to the Developer of any claim made against it to which this indemnity and hold harmless agreement by the Developer could apply, and the Developer shall have the right to defend any lawsuit based on such claim and to settle any such claim, provided Developer must obtain a complete discharge of all City liability through a settlement. Failure of the City to give notice of any such claim to the Developer within ninety days after the City first receives a notice of the claim under the Colorado Governmental Immunity Act for the same, shall cause this indemnity and hold harmless agreement by the Developer to not apply to the claim, and such failure shall constitute a release of this indemnity and hold harmless agreement as to such claim. Approval of and acceptance by the City of any storm drainage facility design or construction shall in no manner be deemed to constitute a waiver or relinquishment by the City of the aforesaid indemnification. The Developer shall engage a Colorado licensed professional engineer to design the storm drainage facilities as aforesaid and it is expressly affirmed hereby that such engagement shall be intended for the benefit of the City, and subsequent purchasers of property in the Development. L. The Developer shall pay the applicable "stormwater plant investment fee" in accordance with Chapter 26, Article VII of the Code of the City of Fort Collins (the "City Code"). This fee is included with building permit fees and shall be paid prior to the issuance of each building permit. M. The Developer shall provide the City Engineer with certified Record Plan Transparencies in a format agreeable to the City upon completion of each phase of the construction. Utilities will not be initially accepted before such as-built drawings are submitted to and approved by the City. N. The Developer specifically represents that to its knowledge, all property dedicated (both in fee simple and as easements) to the City associated with this Development (whether on or off-site) is in compliance with all applicable environmental protection and anti-pollution laws, rules, regulations, orders, and requirements, including solid waste requirements, as defined by the U. S. Environmental Protection Agency Regulations at 40 C.F.R., Part 261. The Developer further represents that the property as 4 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,5 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO is dedicated to the City pursuant to this Development, is in compliance with all requirements pertaining to the disposal or existence in or on such dedicated property of any hazardous substances, pollutants or contaminants, as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and regulations promulgated thereunder. The Developer, for itself and its successor(s) in interest, does hereby indemnify and hold harmless the City from any liability whatsoever that may be imposed upon the City by any governmental authority or any third party, pertaining to the disposal of hazardous substances, pollutants or contaminants; cleanup necessitated by leaking underground storage tanks, excavation and/or backfill of hazardous substances, pollutants or contaminants; or environmental cleanup responsibilities of any nature whatsoever on, of, or related to any property dedicated to the City in connection with this Development. This indemnity and hold harmless agreement applies to damages or liability not caused by circumstances arising entirely after the date of acceptance by the City of the public improvements constructed on the dedicated property, except to the extent that such circumstances are the result of acts or omissions of the Developer. Indemnification shall not extend to claims, actions, or other liability arising as a result of any hazardous substance, pollutant or contaminant generated or deposited by the City, its agents or representatives, upon the property dedicated to the City in connection with this Development. The City agrees to give notice to the Developer of any claim made against it to which this indemnity and hold harmless agreement by the Developer could apply, and the Developer shall have the right to defend any lawsuit based on such claim and to settle any such claim, provided the Developer must obtain a complete discharge of all City liability through such settlement. Failure of the City to give notice of any such claim to the Developer within ninety days after the City first receives a notice of such claim under the Colorado Governmental Immunity Act for the same, shall cause this indemnity and hold harmless agreement by the Developer to not apply to such claim, and such failure shall constitute a release of this indemnity and hold harmless agreement as to such claim. O. The Developer acknowledges and agrees that the City, as the owner of any adjacent property (the "City Property") on which off-site improvements may be constructed, or that may be damaged by the Developer's activities hereunder, expressly retains (and does not by this Agreement waive) its rights as property owner. The City's rights as owner of the City Property may include without limitation those rights associated with the protection of the City Property from damage and/or the enforcement of restrictions, limitations, and requirements associated with activities on the City Property by the Developer as an easement recipient. P. If the Developer or contractor or any agent or representative thereof causes damage to any public infrastructure (including without limitation, any surface pavers, flagstones, or other stone or concrete surfaces, planters, street and decorative lights, or canopies), such damage shall be promptly repaired with the same kind, quality, color, serviceability, and material composition aspects as was possessed by the infrastructure damaged, unless otherwise expressly agreed to by the City in writing. 5 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,6 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Q. Future development of any lot(s)within the Property shall require the Developer or its successor(s) in interest to enter into a new development agreement(s) with the City governing the development of such lot(s). The Developer or its successor(s) in interest and the City may enter into a new development agreement(s) without amending this Agreement and without the consent of other parties to this Agreement other than the City, as long as the new development agreement(s) does not alter or otherwise contradict the provisions of this Agreement that are applicable to the other parties. II. Special Conditions A. Water Lines Notwithstanding anything in this Agreement to the contrary, the Development will be provided water service from the East Larimer County Water District ("Water District"), and all water line improvements shall be installed and inspected in accordance with the Water District's regulations and the approved plans therefor. B. Sewer Lines Notwithstanding anything in this Agreement to the contrary, the Property will be provided sanitary sewer service from the Boxelder Sanitation District ("Sewer District"), and all sewer line improvements shall be installed and inspected in accordance with the Sewer District's regulations and the approved plans therefor. C. Storm Drainage Lines and Appurtenances 1. The Developer agrees to provide and maintain erosion and sediment control improvements as shown on the Final Development Plan Documents until all disturbed areas in and adjacent to this Development's construction activities are stabilized. The Developer shall also be required to post a security deposit in the amount shown in the Final Development Plan Documents prior to beginning construction to guarantee the proper installation and maintenance and, upon completion, removal of the erosion and sediment control measures shown on the Final Development Plan Documents. The security deposit(s) shall be made in accordance with the criteria set forth in the City's Stormwater Criteria Manual ("Criteria") referenced at City Code § 26- 500, or as otherwise waived or modified by the City. When the security deposit(s) is a letter of credit or a bond the Developer shall replace the security no later than thirty days before its expiration date. If the security posted by the Developer is a Letter of Credit, and such letter has not been replaced or renewed within thirty days of its expiration date, the City may elect to draw and hold the funds as a security deposit. If, at any time, the Developer fails to abide by the erosion control provisions of the Final Development Plan Documents or the erosion control provisions of the Criteria within a reasonable amount of time after receiving notice of the same or an emergency situation exists that would reasonably require immediate mitigation measures, then, in either event, and 6 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,7 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO notwithstanding any provisions contained in Subsection III.J. to the contrary, the City may enter upon the Property for the purpose of making such improvements and undertaking such activities as may be necessary to ensure that the provisions of the Final Development Plan Documents and the Criteria are properly enforced. The City may apply such portion of the security deposit(s) as may be necessary to pay all costs incurred by the City in undertaking the administration, construction, and/or installation of the erosion control measures required by the Final Development Plan Documents and the Criteria. When identified, any violations of applicable laws, regulations, or policies regarding erosion and sediment control are to be corrected immediately per Part I.D.8 of the Developer's Colorado Discharge Permit System ("CDPS") Permit for Stormwater Discharges Associated with Construction Activity as required by the Colorado Department of Public Health and Environment ("CDPHE") and City Code § 26-498, Water Quality Control. If no CDPS Permit is required, violations of any applicable laws, regulations, or policies regarding erosion and sediment control are to be corrected promptly after Developer's receipt of notice of such violation as required by the CDPHE and the Environmental Protection Agency (EPA) in accordance with the Clean Water Act, and City Code § 26-498, Water Quality Control. Failure to correct any violation shall permit the City to issue a "stop work order" preventing the Developer from continuing construction of any kind within the Development until fully corrected. Upon stabilization of the disturbed areas, and upon the request of the Developer, the City will confirm that the Property is stabilized from potential erosion and sediment control discharges from construction activities and that all temporary erosion and sediment control measures used by the Developer are removed. Upon (1) the Developer's completion of the proper installation, maintenance, and removal of the erosion and sediment control measures, all as shown on the Final Development Plan Documents; (2) the Developer's submittal to and approval by the City of the lot grading and overall site and drainage certifications as described in below Paragraphs II.C.2 and II.C.5; and (3) the Developer's submittal to and approval by the City of the soil loosening and amendment certification pursuant to below Subsection II.G., the City shall return to the Developer any remaining portion of the security deposit that is associated with the adequate maintenance of erosion and sediment control improvements. 2. All on-site and off-site storm drainage improvements associated with this Development, as shown on the Final Development Plan Documents, shall be completed by the Developer in accordance with the Final Development Plan Documents. Completion of improvements shall include the certification by a Colorado licensed professional engineer that the drainage facilities that serve this Development have been constructed in conformance with the Final Development Plan Documents. Said certification shall be submitted to the City for review and acceptance at least two weeks prior to return of the Erosion Control escrow. 3. For private permanent water quality improvements located on private property associated with this Development (the "Private Water Quality Improvements"), on-site inspection by a City Inspector is required to verify the proper installation of such improvements at different stages of construction as specified in the "Overall Site and Drainage Certification" form. In the event of non-compliance, the City may avail itself of 7 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,8 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO any legal remedy that may be provided by law, in the City Code, the City Land Use Code ("Land Use Code"), and/or this Agreement, as deemed necessary in order to ensure that the Developer or its successor(s) in interest properly installs and maintains the Private Water Quality Improvements as specified in the Final Development Plan Documents. 4. The Developer or its successor(s) in interest shall be responsible for maintaining the structural integrity and operational function of all drainage facilities constructed as part of this Development including, but not limited to, all drainage facilities and water quality features, extended detention water quality basins, bioretention facilities and/or permeable pavement systems. These drainage facilities and/or features must be maintained in good and working operational function throughout the build-out of this Development, following the completion of the construction of said facilities and features, and after acceptance of said facilities and features as certified to the City. If at any time following construction and certification (as required pursuant to Paragraph II.C.2 above) or during the construction of additional structures and/or lots within this Development the City determines that said drainage facilities and features no longer comply with the Final Development Plan Documents, the City may give written notice to the Developer of all items that do not comply with the Final Development Plan Documents and request the restoration of the drainage facilities and features back to the function, standards, and specifications designed and specified in the Final Development Plan Documents. Failure to maintain the structural integrity and operational function of said drainage facilities and features following certification will result in the withholding of the issuance of additional building permits and/or certificates of occupancy and, further, the City may avail itself of any other legal remedy that may be provided by law, in the City Code, the Land Use Code and/or this Agreement until said drainage facilities and water quality features are repaired and restored to the physical characteristics, operational function and structural integrity originally specified in the Final Development Plan Documents approved by the City for this Development. 5. All lots must be graded to drain in the configuration shown on the Final Development Plan Documents. For this reason the following requirements shall be followed for all buildings/structures on all lots: Prior to the issuance of a certificate of occupancy for any lot or building the Developer shall provide the City with certification that the lot and/or the building has been graded in compliance with the Final Development Plan Documents. This grading certification shall demonstrate that the lot or building finish floor elevation has been built in accordance with the elevation specified on the Final Development Plan Documents. The certification shall also show that the minimum floor elevation or minimum opening elevation for any building constructed is in compliance with the minimum elevation as required on the Final Development Plan Documents. The certification shall demonstrate as well that any minor swales adjacent to the building or on the lot have been graded correctly and in accordance with the grades shown on the Final Development Plan Documents. The certification shall also show that the elevations of all corners of the lot are in accordance with the elevations shown on the Final Development Plan Documents. The certification shall be completed by a Colorado licensed professional engineer and RECEPTION#20250003100, 1/24/2025 11:58:52 AM,9 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO shall be submitted to the City for review and acceptance at least two weeks prior to the requested date of issuance of the applicable certificate of occupancy. 6. The grading plan that was prepared for this Development does not address the detailed grading requirements for future development of lots. Detailed grading plans showing conformance with the Final Development Plan Documents will be required for the future development of each lot before any permit is issued for the individual lot. 7. The Developer shall obtain the City's prior approval of any changes from the Final Development Plan Documents in grade elevations and/or storm drainage facility configuration that occur as a result of the construction of the improvements and infrastructure contemplated by this Development, whether by the Developer or others. The City will not accept the public improvements constructed as part of this Development until the City has deemed such changes as being acceptable for the safe and efficient delivery of storm drainage water. 8. The Developer shall limit the construction of the off-site storm drainage improvements to the limits of construction as shown on the Final Development Plan Documents. The Developer shall re-seed and/or restore all areas that are disturbed during construction of the off-site storm drainage improvements in accordance with the Final Development Plan Documents promptly following construction, or as reasonably feasible the following spring if construction is completed when re-seeding or planting is not feasible based on seasonal conditions. The Developer shall ensure that no negative impact occurs to the adjoining properties during the construction of these facilities. No grading shall be done outside of the approved areas as shown on the Final Development Plan Documents. 9. Developer's drainage design for this Development includes evacuation of storm drainage runoff out of the water quality and detention facilities and into the drainage outfall system in a reasonable amount of time. The water quality and detention facilities have been designed to discharge stormwater runoff from frequent storms over a forty-hour period through a small diameter outlet. Under the intended operation of the water quality and detention pond, there will not be standing water in these facilities above the intended permanent water surfaces shown in the Final Development Plan Documents more than forty-eight hours after the end of a rainfall event. If after construction and acceptance of the detention facilities associated with this Development, surfacing or standing water conditions persist in these facilities; and if such conditions are beyond what can be expected in accordance with the approved stormwater design, the Developer shall promptly, upon such discovery, install an adequate de-watering system in the detention facilities. Such a system shall be reviewed and approved by the City prior to installation. 10. Developer's drainage design for this Development includes evacuation of storm drainage runoff through bioretention facilities and into the drainage outfall system in a reasonable amount of time. The bioretention facilities have been designed to discharge stormwater runoff from frequent storms over a twelve-hour period. 9 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,10 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Under the intended operation of the bioretention facilities, there will not be standing water in the facility more than twenty-four hours after the end of a rainfall event. If after construction and acceptance of the bioretention facility associated with this Development, surfacing or standing water conditions persist in this facility, and if such conditions are beyond what can be expected in accordance with the approved stormwater design, the Developer shall promptly, upon such discovery, take appropriate action in order to return or modify (subject to City's approval of any such modification) the facility to function in accordance with the designed operation in accordance with the Final Development Plan Documents. 11. The Developer shall be responsible for maintenance of all storm drainage facilities not identified as public in the Final Development Plan Documents in accordance with the Standard Operating Procedures (SOPs)for Stormwater contained in Exhibit D, attached hereto and incorporated herein. 12. Prior to the recordation of the subdivision plat for the Property, the Developer shall obtain: (1) a permit to allow discharge of drainage water into the New Cache Irrigation Company's ditch; and (2) a permit for grading and construction improvements within the New Cache Irrigation Company right of way or easement limits. The Developer agrees to indemnify, hold harmless and defend the City from any claims, damages, injury, or cause of action against the City by the Developer, or its successors and assigns, in relation to the operation and use of the ditch by the New Cache Irrigation Company. The Developer further agrees to indemnify, hold harmless, and defend the City from any claims, damages, injury, or cause of action by third parties resulting from stormwater volumes added to the ditch by the Developer. 13. Prior to the recordation of the subdivision plat for the Property, the Developer shall obtain: (1) a permit to allow discharge of drainage water into the Lake Canal Company of Colorado's ditch; and (2) a permit for grading and construction improvements within the Lake Canal Company of Colorado right of way or easement limits. The Developer agrees to indemnify, hold harmless and defend the City from any claims, damages, injury, or cause of action against the City by the Developer, or its successors and assigns, in relation to the operation and use of the ditch by the Lake Canal Company of Colorado. The Developer further agrees to indemnify, hold harmless, and defend the City from any claims, damages, injury, or cause of action by third parties resulting from stormwater volumes added to the ditch by the Developer. D. Streets 1. Subject to the conditions of this Agreement, the City agrees to reimburse the Developer for oversizing public street improvements along Prospect Road and Carriage Parkway for those portions of said streets abutting the Property as shown on the Final Development Plan Documents. Reimbursement for Prospect Road shall be for increasing the asphalt sections of Prospect Road from Station 13+50 to Station 19+00 and from Station 20+50 to Station 27+00 and increasing the north sidewalk and north parkway width from local access standards (5-foot-wide sidewalk and 8.5-foot-wide 10 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,11 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO parkway) to four-lane arterial standards (6-foot-wide sidewalk and 10-foot-wide parkway). Reimbursement for Carriage Parkway shall be for increasing the roadway width from local access standards to collector standards and for the cost of the ROW necessary to accommodate the expansion of such roadway. The City shall make reimbursement to the Developer for the aforesaid oversized street improvements in the manner provided in and in accordance with City Code Section 24-112. As identified in the City Code, the City shall not participate in the cost of transportation improvements required solely for the special use and benefit of the Development required by the transportation impact study for the Development, or by the City Traffic Engineer. The Developer acknowledges that the City shall have no obligation to make reimbursement payments for street oversizing unless funds for such payments are budgeted and appropriated from the transportation improvements fund by the City Council. The Developer does hereby agree to construct the aforesaid oversized street improvements with the understanding that the Developer may not be fully reimbursed by the City for the cost of such construction. The Developer further agrees to accept payment in accordance with City Code Section 24-112(d) of the as full and final settlement and complete accord and satisfaction of all obligations of the City to make reimbursements to the Developer for street oversizing expenses. 2. It is understood that the improvements that are to be constructed in the public ROW as described in this Subsection II.D. are "City improvements" (as defined below) and, as such, any contract for the construction of the same must be executed in writing. If the cost of such improvements exceeds the sum of $60,000, the contract for the construction of the same must be submitted to a competitive bidding process resulting in an award to the lowest responsible bidder; and evidence must be submitted to the City prior to the commencement of the work showing that the award was given to the lowest responsible bidder. If the cost of such improvements exceeds $100,000, the contract for the construction of the improvements must be insured by a performance bond or other equivalent security. For purposes of this Subsection, the term "City improvements" shall mean either (1) existing improvements owned by the City that are to be modified or reconstructed, or (2) any improvements funded in whole or in part by the City. 3. The pavement design and construction standards for privately maintained streets shall be the same as the standards for public streets. Grades, alignments, and widths may be modified in accordance with accepted design principles, only on the condition that safe access is maintained for all future owners, visitors, the general public, and public safety officials and equipment. Such modifications from public street standards may be made only if approved by the City Engineer. Easements for access, utilities and drainage shall be dedicated to the public and clearly shown on the plat. 4. As identified in Article III, Chapter 23 of the City Code (the "Encroachment Regulations") no encroachments or obstructions are allowed within the public ROWs without a permit ("Encroachment Permit"); provided that raised crosswalks, enhanced curbing, or medians required for oversizing public street improvements shall not be considered encroachments or obstructions for the purposes of this sentence. The Developer understands and acknowledges that if the Final Development Plan Documents 11 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,12 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO now or in the future, through an amendment process, include any encroachments or obstructions in the public ROWs the Developer shall apply for, meet any requirements or conditions, and obtain an approved Encroachment Permit prior to the installation of the encroach ment(s). a. All requirements and conditions as identified on the Encroachment Permit and identified in the Encroachment Regulations shall be met and maintained both prior to and after issuance of the Encroachment Permit. The Encroachment Permit, which is non-transferable, is issued to the Property owner or to the lessee of the Property (with the Property owner's consent) to which the encroachment is adjacent or benefits and the Developer understands that at such time as ownership of that parcel changes and/or a new lessee exists (as applicable) a new encroachment permit will need to be applied for and new liability insurance will need to be provided by the property owner. The permit is revocable pursuant to the Encroachment Regulations. b. The Developer, for itself and its successor(s) in interest, does hereby release and hold harmless the City from any damages to the encroachment arising from the City's actions in maintaining, repairing and/or replacing the public infrastructure including utilities, except as caused by the City's gross negligence or willful misconduct. C. The City shall have no responsibility for the installation and maintenance of any encroachment and the Developer, for itself and its successor(s) in interest, does hereby indemnify and hold harmless the City from any and all claims that might arise, directly or indirectly, as a result of the Developer's installation or maintenance of any encroachments onto the public ROW. d. Only public utilities (defined as utilities owned and maintained by the City and gas utilities owned by Xcel Energy) or utility providers that have a franchise agreement with the City are allowed to be installed and located within public ROWs and public easements. Private utilities are allowed to cross public ROWs and easements provided that the crossing is perpendicular to the public ROW or easement, that sleeves are provided for the crossing in accordance with City standards, encroachment permits for such crossing are obtained, and the utility is registered with the utility locate center. Any private utilities found within public ROWs or easements not meeting the above criteria serving the 12 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,13 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Property shall be required to be removed by the Developer at the Developer's expense or apply for and obtain an approved Encroachment Permit. All sleeves across the ROW shall be designed and installed in accordance with City standards then in effect. e. If there is any conflict between this provision and the Encroachment Regulations, then the Encroachment Regulations will control. The Developer acknowledges that, as with any regulation, the Encroachment Regulations are subject to change and Developer agrees to abide by any changes to the Encroachment Regulations. 5. The City shall install three speed bumps on the existing portion of Carriage Parkway north of the Property. The reimbursement to the City to install three speed bumps within the Development is identified within the Traffic Study. The Developer agrees to reimburse the City for a cost of$4,750 per speed bump for three speed bumps, totaling $14,250. The reimbursement shall be paid to the City before any building permits are issued. 6. Notwithstanding any provision herein to the contrary, the Developer shall be responsible for all costs for the initial installation of traffic signing, signals, and striping for this Development, including signing, signals, and striping related to the Developer's internal street operations and the signing, signals, and striping of any adjacent or adjoining local, collector or arterial streets that is made necessary because of the Development. 7. Following completion of all public infrastructure improvements, the Developer shall continue to have responsibility for maintenance and repair of said improvements in accordance with Land Use Code Sections 2.2.3, 3.3.1, and 3.3.2. 8. The street improvements along Prospect Road, Carriage Parkway, and Prospect Ridge Drive include the construction and installation of casings and conduits for underground power lines and fiber optic cables (the Electric Crossings). The "Crossing Agreement for Utility Conduits" executed by the Lake Canal Company of Colorado and the City, dated December 10 , 2024, recorded at Larimer County Reception Number 20240054414 , details the process for installation and maintenance of the Electric Crossings within the Lake Canal Company of Colorado's easement. The Developer shall reimburse the City for the cost of the easement rights. The reimbursement shall be paid to the City before issuance of the DCP. The "Crossing Agreement for Carriage Parkway, Fiber Optics and Power Conduits" executed by the Cache La Poudre Reservoir Company, Developer, and the City, dated December 13 , 2024, recorded at Larimer County Reception Number 20240054368 , details the process for installation and maintenance of the Electric Crossings within the Cache La Poudre Reservoir Company's easement. 13 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,14 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO 9. The street improvements along Prospect Road and along Carriage Parkway include the construction and installation of bridges, culverts, and wingwalls as part of crossing both Carriage Parkway and Prospect Road. Lake Canal Culvert A comprises one 15 x 4 RCB culvert and wingwalls beneath Prospect Road. Lake Canal Culvert B comprises one 15 x 4 RCB culvert and wingwalls beneath Carriage Parkway. Timnath Reservoir Inlet Canal (TRIC) Culvert A comprises one 16 x 5 RCB culvert and wingwalls beneath Carriage Parkway. The ownership, maintenance, repair, and replacement responsibilities for these culverts and associated infrastructure shall be as follows.. a. For Lake Canal Culvert A: the majority of this 900-foot-long box culvert will be outside of public ROW, and the City will not accept ownership, maintenance, repair, or replacement responsibilities for a box culvert structure that is not fully within public ROW and that serves a purpose other than supporting the public roadway. The City hereby assigns and transfers ownership and assigns all maintenance, repair, and replacement responsibility and expense under C. R. S. § 37-84-106 for Lake Canal Culvert A to the Developer and Developer's successors and assigns, which the Developer hereby accepts as part of this Agreement. Developer may assign its responsibilities and expense to a metropolitan district or owners association duly constituted pursuant to Colorado state law; however, should such metropolitan district or owners association be dissolved, this obligation shall become that of the Developer or its successor(s) in interest. Developer hereby accepts the permanent obligation to maintain, repair, and replace Lake Canal Culvert A that the City assigns herein to the Developer. No building permit shall be issued for the construction of Lake Canal Culvert A until the Developer provides evidence of a fully executed crossing agreement with the Lake Canal Company of Colorado, which agreement may or may not be part of the requirements under Paragraph II.C.13. of this Agreement. The Developer agrees to indemnify, hold harmless and defend the City from any claims, damages, injury, or cause of action against the City by the Developer or its successors and assigns, in relation to the operation, use, or maintenance of Lake Canal Culvert A, including claims under C. R. S. § 37-84-106. The Developer further agrees to indemnify, hold harmless, and defend the City from any claims, damages, injury, or cause of action by third parties in relation to the operation, use, or maintenance of Lake Canal Culvert A. The City hereby retains the permanent right to inspect Lake Canal Culvert A to evaluate the structural integrity of Prospect Road. If the City finds it necessary to make any repairs or maintenance to Lake Canal 14 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,15 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Culvert A, either now or at any future time, Developer or Developer's successors or assigns will promptly repair and maintain the Culvert A as required to the reasonable satisfaction of the City. Or alternatively, if Developer or Developer's successors or assigns refuses to perform the work, the City shall perform or cause to be performed the repair and maintenance, and the Developer or its successors or assigns shall promptly reimburse the City for the reasonable costs and expenses of the repair and maintenance. Determination of whether repair and maintenance is necessary or advisable and the nature and extent of the repair or maintenance shall be in the City's reasonable discretion. In order to be reimbursed for such emergency repairs and/or maintenance, the City shall provide to the responsible party, the Developer or Developer's successors or assigns, as appropriate, copies of all invoices for such repairs and/or maintenance within sixty days of the date of the repairs and/or maintenance, and the Developer or Developer's successors or assigns, as appropriate, shall pay the same within sixty days of the date of the receipt of such invoices. b. For Lake Canal Culvert B: The "Crossing Agreement for Carriage Parkway" executed by the Lake Canal Company of Colorado, Developer, and City, dated March 12, 2024, recorded at Larimer County Reception Number 20240010506, details the process for installation and the City's acceptance of and maintenance responsibility for Lake Canal Culvert B after Developer's maintenance and repair guarantee elapses. C. For TRIC Culvert A: The "Crossing Agreement for Carriage Parkway, Fiber Optics and Power Conduits" executed by the Cache La Poudre Reservoir Company, Developer, and City, dated December 13 , 2024, recorded at Larimer County Reception Number 20240054368 , details the process for installation and the City's acceptance of and maintenance responsibility for TRIC Culvert A after Developer's maintenance and repair guarantee elapses. E. Natural Resources 1. The Final Development Plan Documents identify areas within the Property that are not to be disturbed in order to prevent environmental damage to the natural habitats or features ("Natural Habitat Buffer Zone" or "NHBZ"). Neither the Developer nor its contractor shall intrude upon, remove, fill, dredge, build upon, degrade 15 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,16 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO or otherwise alter the NHBZ delineated on the Final Development Plan Documents, except for the limited purposes allowed within the Final Development Plan Documents. These activities are allowable under Land Use Code §3.4.1(E). The City's Environmental Planner shall periodically inspect the Property to ensure compliance with the NHBZ requirements established in the Final Development Plan Documents. 2. The Developer shall ensure that all landscaping and restoration activities within the Natural Habitat Buffer Zone are properly maintained for a three year minimum period following construction thereof to ensure that the vegetation is fully established and maintained in accordance with the Adaptive Management and Restoration Plan attached to this Development Agreement as Exhibit E and incorporated herein. 3. Prior to the issuance of a DCP, the Developer shall provide the City an acceptable form of security (escrow, bond, or letter of credit) to guarantee completion of the NHBZ landscape improvements that meets City standards for acceptability. The security must match the cost of mitigation, restoration, and landscape improvement efforts, which shall include plant material and irrigation system improvements, weed management, and a minimum of three years of monitoring and annual reporting equal to 125% of the cost to be held until said improvements are constructed and accepted by the City. The City shall return the security to the Developer upon the Developer's installation of the landscape improvements and the City's Environmental Planner's acceptance thereof. If the seeded areas have not been established in accordance with the Final Development Plan Documents, then the Developer shall promptly provide the City's Environmental Planner with a written proposal of steps and timing to bring the areas into conformance with such Documents for the City's approval and, after receipt of approval, shall promptly take such steps as are necessary to implement the approved plan and bring the areas into conformance. If the Developer does not take action to bring any and all NHBZ areas and plantings into conformance with the approved Final Development Plan Documents, the City shall use the security provided by the Developer to install said NHBZ landscape improvements and the Developer forfeits any right to the security. 4. The areas of the Development that are planned to be seeded shall be inspected jointly by the Developer and the City at specified intervals for a minimum of three growing seasons or until determined by the City to be well established in accordance with the coverage specifications of this Paragraph, whichever occurs first. The NHBZ success criteria are as follows: a. The total vegetative ground cover contributed by all desirable plant species (excepting mature trees) is equal to or greater than the desirable vegetative cover of the applicable reference area(s) from that calendar year, b. No more than five percent of the species noted on the Property may be weedy or noxious species as defined by City Code Section §20-41 and Colorado Department of 16 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,17 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Agriculture's Noxious Weed List as defined by the Colorado Noxious Weed Act §§35-5.5, C. The development site shall display no evidence of detrimental erosion due to rills, gullies or excessive bare spots of ground, d. Survival rate of all planted shrubs and trees is equal to or greater than eighty percent, and e. Any diversity standards applied according to the City Environmental Planner's discretion and provided to Developer in writing reasonably in advance of any planting. Diversity standards should be reflective of the reference area or target habitat conditions provided by the City and must be provided to Developer in writing, reasonably in advance of any planting, as a condition to Developer's obligation to satisfy such standards. Total vegetative ground cover and diversity standards (if applicable) will be determined using a reference area approach, where the reference areas are representative of the target vegetative community(ies) and are selected by the City Environmental Planner. The total vegetative ground cover of the applicable reference area(s) will be measured annually at the end of the growing season (late summer to early fall) to the point of demonstrating sample adequacy in order to provide an accurate level of vegetative cover reflective of local climatic conditions. Acceptable desirable total vegetative cover of the NHBZ cannot be less than forty percent. Determination of required coverage of the NHBZ will be measured using a line point intercept method with a number of transects approved by the Environmental Planner across the target habitat type(s) present, distributed either randomly or on a grid-based pattern, to gain an adequate representation of the seeded areas. The Developer shall be responsible for weed control at all times and as prescribed by the Weed Management Plan (Appendix A of Exhibit E). The Developer shall warranty all seeded areas for three growing seasons minimum from the date of completion. The Developer shall rework and reseed per original specifications any areas that are dead, diseased, contain too many weedy species, or fail to meet the coverage requirement at no additional cost to the City. 5. The Developer shall provide an Adaptive Management and Restoration Plan that encompasses revegetation techniques, monitoring methodology and timeline, and weed management before, during, and after construction (Exhibit E). Said Adaptive Management and Restoration Plan shall be prepared by a qualified natural resource professional and reviewed and approved by the City's Environmental Planner. 17 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,18 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO 6. The Developer shall provide a Wildlife Management Plan (Appendix C of Exhibit E) that guides nesting raptor/tree protection standards and any seasonal restrictions associated with the NHBZ, prairie dog mitigation efforts, and any songbird nesting survey guidelines. 7. The red-tailed hawk nest identified by the Wildlife Management Plan will be monitored during the nesting season (February 15 — July 15) for nesting activity. Construction activities will be suspended within the buffer identified on the Final Development Plan Documents if active nesting is observed. Any damage to the nest tree shall be subject to an appraisal by the City Forester or their designee and a payment in lieu fee to the Natural Areas Department. 8. Fueling facilities shall be located at least 100 feet from any natural body of water, wetland, natural drainage way or manmade drainage way. The fuel tanks and fueling area must be set in a containment area that will not allow a fuel spill to directly flow, seep, run off, or be washed into a body of water, wetland or drainage way. Fueling facilities not in compliance shall be moved at the Developer's expense. 9. The Developer shall delineate the Development's property boundary adjacent to all Limits of Development as defined by Land Use Code §5.1.2 and §3.4.1(N), including boundaries around existing trees that are to be undisturbed, with orange construction fence prior to any type of construction, including overlot grading. F. Forestry 1. A Street Tree Permit must be obtained from the City Forester pursuant to City Code Chapter 27, Art. II, Division 2, before any trees noted on the Final Development Plan Documents are planted or pruned on, or removed from, any public ROW or City property. This includes areas between the sidewalk and curb, medians, and other City property. The City may withhold any certificate of occupancy for the Development or for future development on the Property if the Developer fails to obtain a Street Tree Permit, until the Developer obtains a Street Tree Permit and the planting, pruning, and removal of trees or shrubs on or from the public ROW or City property is in compliance with the Street Tree Permit and Final Development Plan Documents. In addition to withholding any certificate of occupancy, the City may avail itself of any other legal remedy provided by law for the failure to obtain a Street Tree Permit. As a condition of the Street Tree Permit and of this Agreement, at least one week prior to planting any trees the Developer shall: (1) allow City Forestry Division staff to inspect the proposed planting sites to review compliance with the Final Development Plan Documents and applicable regulations; and (2) allow City Forestry Division staff to inspect and approve, at the nursery if possible, all trees to be planted. City Forestry has the right to reject and/or substitute any trees that do not meet the Forestry Divisions standards. Existing and new street trees must continue to be watered at a minimum of forty gallons per week during all construction activities to maintain current tree condition in temperatures above forty 18 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,19 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO degrees using irrigation or hauled water sources. If street trees are damaged or die due to lack of water during construction activities for the Development or for future development on the Property, the Developer will be charged the value of the trees as per appraisal by City Forestry Division Staff. With the Development preceding infill of each lot within the Property, it is understood that certain street trees will not be planted with the Development. With the future development of each lot the Developer or its successor(s) in interest must communicate and coordinate with each new developer to ensure the planting of street trees in their adjacent ROW according to the landscape plan within the Final Development Plan Documents. 2. All tree pruning and removal on the Property must be done by an arborist licensed by the City of Fort Collins and the name of such arborist shall be provided to the City Forestry Division prior to any pruning or removal commencing. A list of licensed arborists is maintained by the City Forestry Division and is available upon request or at fcgov.com/forestry. The use of heavy construction equipment, including but not limited to excavators, backhoes, and bulldozers, to remove trees is not allowed without prior Forestry Division written permission. 3. During construction for the Development or for future development on the Property, prior to either DCP issuance or of any demolition, grading, excavation, or site work commencing on the Property, whichever occurs earlier, tree protection must be installed around all trees that are shown to be preserved and protected on the Final Development Plan Documents and an arborist licensed by the City of Fort Collins must provide written confirmation to the City that such tree protection has been installed. Required tree protection measures are set forth in Land Use Code Section 3.2.1(G) and include, but are not limited to, the requirement that a minimum four-foot-high barrier be erected no closer than six feet from the trunk or one-half the length to the drip line (i.e. the canopy edge), whichever is greater. 4. Prior to landscape work commencing on the Property, the Developer shall schedule a meeting between the City's Forestry Division staff and the landscapers who will perform the work. 5. Tree protection must be maintained throughout the duration of construction activities on the Property. At any time during construction, and upon City Forestry Division written notice that tree protection is not adequate for one or more trees, the Developer shall cease construction activities adjacent to such tree or trees until required tree protection measures are in place to the satisfaction of the City Forestry Division. G. Soil Amendment In all areas associated with this Development that are to be landscaped or planted in accordance with the Final Development Plan Documents, the completion of soil amendments shall include certification by the Developer that the work has been 19 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,20 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO completed in accordance with City Code Section 12-132. This certification shall be submitted to the City at least two weeks prior to return of the Erosion Control escrow. H. Ground Water, Subdrains and Water Rights 1. The Developer, for itself and its successor(s) in interest, hereby agrees to indemnify and hold harmless the City against any damages or injuries sustained in the Development as a result of ground water seepage or flooding, structural damage, or other damage unless such damages or injuries are proximately caused by the City's negligent operation or maintenance of the City's storm drainage facilities in the Development. No language in this Paragraph shall be construed or interpreted as establishing in any way the City's liability for any act or omission and the terms of this Paragraph solely relate to the Developer's obligation to indemnify and hold harmless the City. 2. If the Development includes a subdrain system, any such subdrain system, whether located within private property or within public property such as street ROWs or utility or other easements, shall not be owned, operated, maintained, repaired or reconstructed by the City and it is agreed that all ownership, operation, maintenance, repair and reconstruction obligations shall be those of the Developer or the Developer's successor(s) in interest. Such subdrain system is likely to be located both upon private and public property and, to the extent that it is located on public property, all maintenance, operation, repair or reconstruction shall be conducted in such a manner that such public property shall not be damaged, or if damaged, shall, upon completion of any such project, be repaired in accordance with then existing City standards. The City shall not be responsible for, and the Developer, for itself and its successor(s) in interest, hereby agrees to indemnify and hold harmless the City against, any damages or injuries sustained in the Development as the result of groundwater seepage or flooding, structural damage or other damage resulting from failure of any such subdrain system. 3. Without admitting or denying any duty to protect water rights, the Developer, for itself and its successor(s) in interest, hereby agrees to indemnify and hold harmless the City against any damages or injuries to water rights caused, directly or indirectly by the construction, establishment, maintenance or operation of the Development. 4. The City agrees to give notice to the Developer of any claim made against it to which the foregoing indemnities and hold harmless agreements by the Developer contained in Subsection II.H. could apply, and the Developer shall have the right to defend any lawsuit based on such claim and to settle any such claim provided the Developer must obtain a complete discharge of all City liability through such settlement. Failure of the City to give notice of any such claim to the Developer within ninety days after the City first receives notice of such claim under the Colorado Governmental Immunity Act for the same, shall cause the foregoing indemnities and hold harmless agreements by the Developer to not apply to such claim and such failure shall constitute a release of the foregoing indemnities and hold harmless agreements as to such claim. 20 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,21 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO I. Floodplain 1. Portions of the Property are located in the Boxelder Creek 100-year floodplain and floodway and erosion buffer zone. The Developer shall obtain a Floodplain Use Permit from the City and pay all applicable floodplain use permit fees prior to commencing any construction activity (building of structures, grading, fill, detention ponds, bike paths, parking lots, utilities, landscaped areas, flood control channels, etc.) within the Boxelder Creek Floodplain and Erosion Buffer Zone Limits as delineated on the Final Development Plan Documents for this Development. All activities in this Development are subject to the requirements of Chapter 10 of the City Code. 2. An approved no-rise certification must accompany the floodplain use permit for construction elements within the floodway portion of the floodplain. An as-built no-rise certification signed by a Colorado licensed professional engineer is required for construction elements within the floodway portion of the floodplain. The as-built no-rise certification shall be submitted to the City at least two weeks prior to the desired date of approval. City review and approval of the as-built no-rise certification is required prior to approval of the overall drainage site certification. 3. No fill shall be placed in the floodway. All fencing in the floodway shall be break-away, including any construction fencing. 4. Failure to comply with all floodplain requirements in Paragraphs 11.1.1 through 11.1.3, above, shall result in the issuance by the City of a stop work order and/or the withholding of the issuance of additional building permits and/ or certificates of occupancy until the violation(s) are corrected and corrective measures have been approved by the City in accordance with Chapter 10 of City Code. J. Park Planning 1. The Developer has identified a Trail Easement of variable width suitable for the construction of a portion of the paved recreational trail on the Final Development Plan Documents. Said Trail Easement is adequate to construct a ten-foot- wide paved trail surface located both on private property and in the public ROW of the Property. The regional trail segment is located east of 1-25 along the western portion of the Property and crosses the Cache La Poudre Reservoir Inlet via a pedestrian bridge. The pedestrian bridge will require a building permit, and the City Parks/Park Planning & Development Division will review the design at the time of said building permit. 2. The Developer will construct the paved recreational trail as identified in the Final Development Plan Documents. The trail will be constructed per the standard trail detail, or as otherwise approved by the City's Park Planning & Development Division, prior to construction. The Developer will keep the City's Park Planning staff involved in the construction process, including pre-inspection of forms. 21 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,22 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO 3. The Developer shall not locate any new surface utilities (transformers, light poles, detention ponds, water quality treatment features, etc.) within the Trail Easement but shall have the right to locate subsurface utilities within the Trail Easement provided there is at least two feet of cover. 4. The Developer or its successor(s) in interest agrees to maintain the paved trail at the same standard that City Parks maintains its own City trails. Based on these guidelines, the Developer or their successor(s) in interest will maintain the paved trail within the easement per the following standards: a. Maintenance Vehicles on Trails Developer's or its successor(s) in interest's staff's operation of motor vehicles on the trail shall be carried out with the safety of trail users as the highest priority. Staff shall make obvious and alerting sounds when approaching blind corners or underpasses to alert trail users to their presence. b. Graffiti Removal Developer's or its successor(s) in interest's staff shall inspect trails weekly and any identified or reported graffiti shall be removed within forty-eight hours. Graffiti removal efforts shall be conducted with the most sustainable environmental practices in mind (i.e., soy based graffiti removal products). Graffiti may be painted over with paint, with paint color selection made to closely match existing colors. Efforts to power-wash graffiti may require multiple visits, with a more powerful pressure-washer employed for heavily soiled areas. Care shall be taken to avoid runoff into rivers or creeks when power-washing. C. Tree Trimming and Brush Disposal Developer's or its successor(s) in interest's staff shall trim tree branches for clearance, sight and sign obstructions, and safety precautions. Tree pruning and trimming shall be performed by an arborist licensed by the City's Forestry Division in accordance with proper arboriculture practices. d. Mowing and Blowing Operations Trail mowing shall be conducted a minimum of four times per year. Mowing height will be in accordance with rough mowing operations with a width of one mow deck on each side of the trail (two to three feet). Cut grass, fallen leaves, mulch, and any other debris shall be removed from the surface of the trail within twenty-four hours by utilizing a blower or broom. 22 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,23 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO e. Snow Removal The trails shall be a high priority for snow removal between the hours of 4-00-7.00 a.m. Hydraulic brooms are typically used, however, in some cases, truck-mounted plows may be used. Caution shall be used when plowing over pedestrian bridges to avoid damage to decking. Ice melt shall be used in areas where there is a significant safety concern. f. Bridges i. Bridges shall be inspected twice a year for maintenance issues such as replacement or warping. ii. Bridge decking shall be concrete. 5. The City will not mow or provide any other maintenance within the Trail Easement. The Developer or its successor(s) in interest will repair or replace any vegetation damaged by future mowing, maintenance, repair or replacement of the constructed trail. All landscaping maintenance within the easement is the responsibility of the Developer or its successor(s) in interest. Spray irrigation shall be designed and maintained to avoid spray on the trail. 6. If at such time the Developer or its successor(s) in interest wishes to relinquish maintenance of the regional trail, the City Parks Division will first assess the condition of the regional trail and require all maintenance work, landscaping modifications, etc., to meet any and all City Parks standards and to be completed prior to entering into a new agreement for maintenance of the trail. 7. The Developer or its successor(s) in interest agrees that, to meet requirements under Land Use Code Section 3.4.8. regarding parks and trails for the Development, the area identified as PA-9 on the Prospect/1-25 Overall Development Plan 2nd Amendment (ODP), on file in the office of the City Engineer, and also identified as Lot 13 of the Property on the Rudolph Farm subdivision plat, will be reserved for a future City Park consistent with the City's current Parks and Recreation Policy Plan, as currently adopted by the Council of the City of Fort Collins. Note 13 of the ODP provides additional standards for the future park. The Developer or its successor(s) in interest will enter into a separate agreement with the City that will set forth the terms and conditions for the City to acquire the future City Park at park land value. The Developer or its successor(s) in interest agrees that it will maintain the land identified as the Future City Park until the City acquires the Future City Park, including mowing as needed (as determined by the City), and will not develop or otherwise build (including installation of surface utilities such as transformers, light poles, detention ponds, water quality treatment features, etc.) on the land that will be the Future City Park as part of the Development. 8. The Developer or its successor(s) in interest shall be responsible for the ongoing irrigation and maintenance of the landscaping located within the public ROW along the portion of Prospect Road that abuts the Property, as shown on the Final Development Plan Documents. This obligation may be assigned to a metropolitan district 23 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,24 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO or owners association duly constituted pursuant to Colorado state law; however, should such metropolitan district or owners association be dissolved, this obligation shall become that of the Developer or its successor(s) in interest. K. Hazards and Emergency Access No stockpiled combustible material will be allowed on the Property until a permanent water system is installed by the Developer and approved by the City. L. Development Construction Permit The Developer shall apply for and obtain a DCP for this Development, in accordance with Division 2.6 of the Land Use Code, prior to the Developer commencing construction. The Developer shall pay the required fees for the DCP and construction inspection, and post security to guarantee completion of the public improvements required for this Development, prior to issuance of the DCP. M. Building Permits for Irrigation Pump Houses and Monument Signs 1. Notwithstanding any provision in this Agreement to the contrary, the Developer shall be eligible to apply for Footing and Foundation permits for irrigation pump houses and monument signs after the installation, inspection, and testing, all to the City's reasonable satisfaction, of all underground water facilities, sanitary sewer facilities, and storm sewer facilities, and an emergency accessway for the property for which the permit is being requested. As used in this Subsection II.M., the term "facilities" shall include but not be limited to all mains, lines, services, fire hydrants and appurtenances for the lot or tract for which each permit is requested as shown on the Final Development Plan Documents. 2. Notwithstanding any provision in this Agreement to the contrary, after obtaining Footing and Foundation permits when applicable and installing the applicable footings and/or foundations, and after the installation of those public improvements deemed necessary or desirable in order to issue building permits as determined in the sole discretion of the City after discussion with the Developer, the Developer is eligible to apply for building permits for irrigation pump houses and monument signs. If the City allows the Developer to install certain public improvements after issuance of said building permits, the DCP shall specify the remaining public improvements that the Developer must install and the timing for such installation. The Developer agrees to comply with the DCP with regards to the installation and timing of the remaining public improvements. N. Maintenance and Repair Guarantees The Developer agrees to provide a two-year maintenance guarantee and a five-year repair guarantee covering all errors or omissions in the design and/or 24 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,25 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO construction of the public improvements required for this Development, which guarantees shall run concurrently and shall commence upon the date of completion of the public improvements and acceptance thereof by the City. More specific elements of these guarantees are noted in Exhibit C. Security for the maintenance guarantee and the repair guarantee shall be as provided in Section 3.3.2(C) of the Land Use Code. Notwithstanding the provisions of Subsections III.H. and 111.1. of this Agreement to the contrary, the obligations of the Developer pursuant to this Subsection and Exhibit C may not be assigned or transferred to any other person or entity unless the warranted improvements are completed by, and a letter of acceptance of the warranted improvements is received from the City by, such other person or entity. O. Metropolitan Districts and 1-25/Prospect Road Interchange Improvements 1. The Property is located within the boundaries of the 1-25/Prospect Interchange Metropolitan District (the "Interchange District"). The City Council approved the Service Plan for the Interchange District on March 6, 2018, in Resolution 2018-025 (the "Interchange Service Plan"). The Property is located in the adjacent northeast corner of the 1-25 and Prospect Road Interchange (the "Interchange"). 2. The Property is also located within the boundaries of the Rudolph Farms Metropolitan Districts Nos. 1 through 6 (the "Rudolph Farms Districts"). The City Council approved the Service Plan for the Rudolph Farms Districts on March 6, 2018, in Resolution 2018-028 (the "Rudolph Farms Service Plan"). The previous owners of the Property (the "Previous Owners") applied to the City for the organization of the Rudolph Farms Districts so that they could be used primarily to finance the construction of the "Public Improvements" identified in the Rudolph Farms Service Plan ("Public Improvements"). The Developer purchased the Property from the Previous Owners under the special warranty deed dated June 30, 2021, recorded at Larimer County Reception Number 20210064241. The Developer also intends to use the Rudolph Farms Districts to finance the Public Improvements that will be needed to serve the development of the Property. 3. On June 6, 2019, the Previous Owners and the City entered into that certain "Binding Agreement Pertaining to Development of Interstate Highway 25 and Prospect Road Interchange", which Agreement was approved by the City Council on March 6, 2018, in Resolution 2018-025 (the "Binding Agreement"). The Developer acknowledges and agrees that upon being conveyed the Property, the Binding Agreement became binding upon and inured to the benefit of the Developer. 4. The Binding Agreement is an agreement not only between the City and Previous Owners, but also with the owners of other undeveloped parcels of property located in one of the four corners adjacent to the Interchange (the "Other Owners"). 5. The Previous Owners and the Other Owners (collectively, the "Owners") entered into the Binding Agreement to memorialize the Owners' agreement 25 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,26 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO with the City to share in the cost of certain improvements to the Interchange that were then proposed to be built, and have now been substantially completed, by the Colorado Department of Transportation with funding from the City (the "Interchange Improvements"). The Binding Agreement provides that the Owners' share of the cost of the Interchange ("Owners' Share of Costs")will be paid to the City as set out in the Binding Agreement and in the "Capital Pledge Agreement" incorporated into and attached as Exhibit "B" to the Binding Agreement (the "Capital Pledge Agreement"). 6. The Owners in the Binding Agreement agreed to record against their properties a covenant, in a form acceptable to the City, that will impose a public improvement fee of .75% on all future retail sales occurring on their properties that are subject to the City's sales taxes under Article III, Chapter 25 of the City Code to be paid to the Interchange District (the "PIF Covenant"). The revenues from the PIF Covenant are then to be paid by the Interchange District to the City as provided in the Capital Pledge Agreement in payment of the Owners' Share of Costs. 7. The Capital Pledge Agreement provides that the Interchange District is to impose a mill levy of not less than 7.5 mills but not more than 10 mills on the properties within the Interchange District with the revenues of this tax to be paid by the Interchange District to the City as provided in the Capital Pledge Agreement in payment of the Owners' Share of Costs. The Capital Pledge Agreement also provides that the Interchange District is to impose certain fees on development occurring within the District in the amounts set in Addendum E of the Binding Agreement and to pay these fees to the City as provided in the Capital Pledge Agreement in payment of the Owners' Share of Costs. 8. The Developer acknowledges that Section VI.D. of the Rudolph Farms Service Plan expressly states that the Rudolph Farms Districts may not issue any "Debt" (as defined in said Plan) for any purpose unless and until: (i) each of the Owners has recorded the PIF Covenant against their respective properties, and (ii) the Interchange District and City have entered into the Capital Pledge Agreement. III. Miscellaneous A. The Developer agrees to provide and install, at its expense, adequate barricades, warning signs and similar safety devices at all construction sites within the public ROW and/or other areas as deemed necessary by the City Engineer and Traffic Engineer in accordance with the City's "Work Area Traffic Control Handbook" and shall not remove said safety devices until the construction has been completed. B. As required pursuant to Chapter 20, Article IV of the City Code, the Developer shall, at all times, keep the public ROW free from accumulation of waste material, rubbish, or building materials caused by the Developer's operation, or the activities of individual builders and/or subcontractors; shall remove such rubbish as often 26 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,27 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO as necessary, but no less than daily and; at the completion of the work, shall remove all such waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public ROW. The Developer further agrees to maintain the finished street surfaces so that they are reasonably free from dirt caused by the Developer's operation or as a result of building activity. Any excessive accumulation of dirt and/or construction materials shall be considered sufficient cause for the City to withhold building permits and/or certificates of occupancy until the problem is corrected to the satisfaction of the City Engineer. If the Developer fails to adequately clean such streets within two days after receipt of written notice, the City may have the streets cleaned at the Developer's expense and the Developer shall be responsible for prompt payment of all such costs. The Developer also agrees to require all contractors within the Development to keep the public ROW clean and free from accumulation of dirt, rubbish, and building materials. C. The Developer hereby agrees that it will require its contractors and subcontractors to cooperate with the City's construction inspectors by ceasing operations when winds are of sufficient velocity to create blowing dust that, in the inspector's opinion, is hazardous to the public health and welfare. D. The Developer shall, pursuant to the terms of this Agreement, complete all improvements and perform all other obligations required herein, as such improvements or obligations may be shown on the Final Development Plan Documents, or any documents executed in the future that are required by the City for the approval of an amendment to a development plan, and the City may withhold (or to the extent permitted by law, revoke) such building permits and certificates of occupancy as it deems necessary to ensure performance in accordance with the terms of this Agreement. The processing and "routing for approval" of the various Final Development Plan Documents may result in certain of said documents carrying dates of approval and/or execution that are later than the date of execution of this Agreement. The Developer hereby waives any right to object to any such discrepancy in dates. E. Nothing herein contained shall be construed as a waiver of any requirements of the City Code or the Land Use Code and the Developer agrees to comply with all requirements of the same. F. In the event the City waives any breach of this Agreement, no such waiver shall be held or construed to be a waiver of any subsequent breach hereof. G. All financial obligations of the City arising under this Agreement that are payable after the current fiscal year are contingent upon funds for that purpose being annually appropriated, budgeted and otherwise made available by the Fort Collins City Council, in its discretion. H. This Agreement shall run with the Property, including any subsequent replatting of all, or a portion of the Property. This Agreement shall also be binding upon and inure to the benefit of the parties hereto, their respective personal representatives, 27 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,28 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO heirs, successors, grantees and assigns. It is agreed that all improvements required pursuant to this Agreement touch and concern the Property regardless of whether such improvements are located on the Property. Assignment of interest within the meaning of this Subsection shall specifically include, but not be limited to, a conveyance or assignment of any portion of the Developer's legal or equitable interest in the Property, as well as any assignment of the Developer's rights to develop the Property under the terms and conditions of this Agreement. I. In the event the Developer transfers title to the Property and is thereby divested of all equitable and legal interest in the Property, the Developer shall be released from liability under this Agreement with respect to any breach of the terms and conditions of this Agreement occurring after the date of any such transfer of interest. In such event, the succeeding property owner(s) shall be bound by the terms of this Agreement. J. Each and every term of this Agreement shall be deemed to be a material element hereof. In the event that either party shall fail to perform according to the terms of this Agreement, such party may be declared in default. In the event that a party has been declared in default hereof, such defaulting party shall be given written notice specifying such default and shall be allowed a period of ten days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to: (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance or; (c) avail itself of any other remedy at law or equity. K. In the event of the default of any of the provisions hereof by the Developer which shall require the City to commence legal or equitable action against the Developer, the Developer shall be liable to the City for its reasonable attorney's fees and costs incurred by reason of the default. Nothing herein shall be construed to prevent or interfere with the City's rights and remedies specified in Subsection III.D of this Agreement. L. Except as may be otherwise expressly provided herein, this Agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. M. It is expressly understood and agreed by and between the parties hereto that this Agreement shall be governed by and its terms construed under the laws of the State of Colorado and the City of Fort Collins, Colorado. N. Any notice or other communication given by any party hereto to any other party relating to this Agreement shall be hand-delivered or sent by certified mail, return receipt requested, addressed to such other party at their respective addresses as set forth below; and such notice or other communication shall be deemed given when so hand- delivered or three days after so mailed: 28 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,29 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO If to the City: Engineering Development Review City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 With a copy to: City Attorney's Office City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 If to the Developer: PNE Prospect Road Holdings, LLC C/o Bryan Byler 900 Castleton Road, Suite 118 Castle Rock, CO 80109 With a copy to: Davis Graham & Stubbs LLP C/o Chris Kinsman 1550 17t" Street, Suite 500 Denver, CO 80202 Notwithstanding the foregoing, if any party to this Agreement, or its successors, grantees, or assigns, wishes to change the person, entity or address to which notices under this Agreement are to be sent as provided above, such party shall do so by giving the other parties to this Agreement written notice of such change. O. When used in this Agreement, words of the masculine gender shall include all genders, and when the sentence so indicates, words of the neuter gender shall refer to any gender; and words in the singular shall include the plural and vice versa. This Agreement shall be construed according to its fair meaning, and as if prepared by all parties hereto, and shall be deemed to be and contain the entire understanding and agreement between the parties hereto pertaining to the matters addressed in this Agreement. There shall be deemed to be no other terms, conditions, promises, understandings, statements, or representations, expressed or implied, concerning this Agreement, unless set forth in writing signed by all of the parties hereto. Further, paragraph, section, and subsection headings used herein are for convenience of reference and shall in no way define, limit, or prescribe the scope or intent of any provision under this Agreement. P. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or under any other law. 29 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,30 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation DocuSigned by: By:(_� — __7-_1�_AA1A A OB8615871D89400... Kelly DiMartino, City Manager Date: January 23, 2025 ATTEST: DocuSigned by: l 934E243B639B429... City Clerk Signed by: APPROVED AS TO CONTENT: o4FORT�or DocuSigned by: Ur N SEAL A 290ADC9C407E4C4... City Engineer COLORA90 APPROVED AS TO FORM: DocuSigned by: — 8CBE2C1200F9418... Assistant City Attorney 30 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,31 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO DEVELOPER: PNE Prospect Road Holdings, LLC a Colorado limited liability company By: PNE Prospect Road Investments, LLC a Colorado limited liability company, its sole member By: Bryan Byl Manager Date: �� S ATTEST- By- Richard Dwyer, Project Manager STATE OF COLORADO ) D ) ss. COUNTY OF-LA-RI-M ) The foregoing instrument was acknowledged before me this day of r , 2024 , by Bryan Byler as Manager of PNE Prospect Road Investments, LLC, a Colorado limited liability company, sole member of PNE Prospect Road Holdings, LLC, a Colorado limited liability company. Notary Public My Commission Expires:tj_I L�9 1'2P, TATUM STEEL NOTARY PUBLIC STATE OF COLORADO 1VOTAR IC 20214005299 MY COMMISSION EXPIRES 02/09/2025 31 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,32 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO EXHIBIT A ENORTHERN PROPERTY DESCRIP ENGINEERING DESCRIPTION Parcels of land situate in the Southwest Quarter of Section Fifteen(15),Township Seven North(T.7N.), Range Sixty-Eight West(R.68W.)of the Sixth Principal Meridian(6th/P.M.),City of Fort Collins,County of Larimer,State of Colorado,being more particularly described as follows; Considering the North line of the Southwest Quarter of Section 15 as bearing South 89'38'43" East(assumed) with the West Quarter corner of Section 15 being a 3 1/4"aluminum cap on#6 rebar,stamped LS 17483 and the Center Quarter of Section 15 being a 2 1/2"aluminum cap on#6 rebar,stamped PLS 7839,and with all bearings contained herein relative thereto: COMMENCING at said West Quarter corner of said Section 15; THENCE along the North line of the Southwest Quarter,South 89'38'43" East a distance of 105.08 feet to POINT OF BEGINNING 1; THENCE continuing along said North line,South 89'38'43" East a distance of 2538.15 feet to said Center corner of Section 15; THENCE along the East line of the Southwest Quarter of Section 15,South 00'05'39"West a distance of 1081.21 feet; THENCE departing said East line,North 76'39'58"West a distance of 580.42 feet; THENCE along the arc of a curve concave to the Northwest a distance of 151.65 feet,said curve has a Radius of 642.00 feet,a Delta of 13'32'03"and is subtended by a Chord bearing South 53'20'22"West a distance of 151.30 feet; THENCE South 60'06'24"West a distance of 375.84 feet; THENCE South 00°00'51"West a distance of 646.57 feet; THENCE North 54°53'09"West a distance of 18.04 feet; THENCE North 76'19'16"West a distance of 163.85 feet; THENCE North 84'59'16"West a distance of 548.82 feet; THENCE North 67'52'16"West a distance of 88.13 feet; THENCE North 54°48'16"West a distance of 900.73 feet; THENCE North 00'11'37" East a distance of 780.50 feet; THENCE North 22'40'37" East a distance of 26.16 feet; THENCE North 00°11'44" East a distance of 433.23 feet to POINT OF BEGINNING 1,containing 3,614,899 square feet or 82.99 acres,more or less(±). AND COMMENCING at the South Quarter corner of said Section 15; THENCE along the South line of the Southwest Quarter, North 89'59'24"West a distance of 635.26 feet; THENCE North 00'01'10" East a distance of 30.00 feet to the North right-of-way line of Prospect Road,said point being POINT OF BEGINNING 2; THENCE along said North line, North 89'59'24"West a distance of 615.25 feet; THENCE departing said North line, North 01'13'48" East a distance of 0.23 feet; THENCE North 46'06'09"West a distance of 144.25 feet; THENCE North 03°44'47"West a distance of 73.30 feet; THENCE North 89'59'00"West a distance of 79.72 feet; THENCE South 25°01' 13"West a distance of 105.03 feet; THENCE North 89°51'32"West a distance of 325.13 feet; NORTHERNENGINEERING.COM 1 910.221.4158 PROPERTY DESCRIPTION FORT COLLINS I GREELEY 1 1 3 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,33 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO PROPERTY DESCRIPTIONENORTHERN THENCE North 83°51'42"West a distance of 487.44 feet; THENCE North 05°41'33"West a distance of 144.79 feet; THENCE North 22'11'31"West a distance of 483.55 feet; THENCE North 15'29'40"West a distance of 220.16 feet; THENCE North 00'11'12" East a distance of 415.63 feet; THENCE South 54°47'42" East a distance of 871.58 feet; THENCE South 67'51'42" East a distance of 101.38 feet; THENCE South 84°58'42" East a distance of 552.56 feet; THENCE South 76'18'42" East a distance of 150.63 feet; THENCE South 54'57'42" East a distance of 500.33 feet; THENCE South 00'01' 10"West a distance of 438.93 feet to POINT OF BEGINNING 2,containing 1,397,882 square feet or 32.09 acres,more or less(±). Said described parcels contain 5,012,781 square feet or 115.08 acres,more or less. May be subject to easements,rights-of-way,covenants and restrictions of record. Exhibit attached hereto and made a part hereof. SURVEYOR'S CERTIFICATE I, Robert C.Tessely,a Colorado Registered Professional Land Surveyor do hereby certify that this property description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge and belief.14 CCR 730-11 6 kNoo®L/C � cb�q6 0 38470 cr 0 Leo 03/06/202,r. gi-�� Robert C.Tessely-for and on behalf of Northern Engineering Colorado Registered Professional Land Surveyor#38470 NORTHERN ENGINEERING 301 North Howes Street,Suite 100 Fort Collins,Colorado 80521 (970)221-4158 February 23,2024 LMS S:\Survey Jobs\1896-001\Dwg\Plat\1896-001 Legal Description 2024.docx NORTHERNENGINEERING.COM 1 910.221.4158 PROPERTY DESCRIPTION FORT COLLINS I GREELEY 2 1 3 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,34 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO EXHIBIT TRACTS OF LAND BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO WEST-1 1 CORNER CENTER-1 SECTION 15-T7N-R68W L1 SECTION 15-T7N-R68W POINT OF BEGINNING 1 M 543"E LEGEND J 105.085.08' EXHIBIT BOUNDARY LINE - - SECTION LINE L12 SECTION CORNER MONUMENT J J AREA 1 3,614,899 sq. ft. 82.987 ac. L3 Delta= 13°32'03" R=642.00. L=151.65' Dir= S53°20'22"W Chord= 151.30' w LO fN Ln w I J ��s NORTH Q O . 49 L6 co LL I ��� L8 L7 400 0 400 I Feet L28 L29 (IN U.S.SURVEY FEET) Z W I CACHE LA POUDRE 1 inch=400feet = RESERVOIR CO. 3� O I <� RECEPTION NO. AREA 2 � 20210025371 1,397,882 sq.ft. 32091 ac. ' POINT OF rnNi L18 L17 J BEGINNING 2 v N00°01'10"E L21 L20 L15 30.00' �6 N89°59'24"W - � 'L14 635.26' SOUTHWESTN-R68WORNER PROSPECT RD. LCR #44 S15-T7N-R68W � ) SOUTH a CORNER S15-T7N-R68W LINE TABLE LINE TABLE LINE TABLE LINE LENGTH BEARING LINE LENGTH BEARING LINE LENGTH BEARING L1 2538.15' S89°38'43"E L12 26.16' N22°40'37"E L23 483.55' N22°11'31"W L2 1081.21' S00°05'39"W L13 433.23' NOW 11'44"E L24 220.16' N15'29'40"W L3 580.42' N76°39'58"W L14 615.25' N89°59'24"W L25 415.63' N00°11'12"E L4 375.84' S60°06'24"W L15 0.23' N01°13'48"E L26 871.58' S54°47'42"E L5 646.57' S00°00'51"W L16 144.25' N46°06'09"W L27 101.38' S67°51'42"E L6 18.04' N54°53'09"W L17 73.30' NO3°44'47"W L28 552.56' S84°58'42"E L7 163.85' N76°19'16"W L18 79.72' N89°59'00"W L29 150.63' S76°18'42"E L8 548.82' N84°59'16"W L19 105.03' S25°01'13"W L30 500.33' S54°57'42"E L9 88.13' N67°52'16"W L20 325.13' N89°51'32"W L31 438.93' S00°01'10"W L10 900.73' N54°48'16"W L21 487.44' N83°51'42"W L11 780.50' N00o 11'37"E L22 144.79' N05`41'33"W -7)Sheet THIS EXHIBIT IS NOT A PROJECT: NORTH ERN MONY.IT IS E LAND ATE 001 3 SURVEY.IT IS MEANT TO DATE: AID IN THE VISUALIZATION 2-23-24 ENGINEERING OF THE ACCOMPANYING NE WRITTEN DESCRIPTION. DRAWN BY: Of 3 THE WRITTEN LMS Sheets SURVEY I MUNICIPAL I LAND DEVELOPMENT DESCRIPTION SUPERCEDES REVIEW BY: FORT COLLINS I GREELEY 970.221.4158 NORTHERNENGINEERING.COM THE EXHIBIT DRAWING. RCT S:\Survey Jobs\1896-001\Dwg\Exhibits\1896-001 Boundary Exhibit.dwg RECEPTION#20250003100, 1/24/2025 11:58:52 AM,35 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO EXHIBIT B 1. Schedule of electrical service installation. Electrical lines need to be installed before the installation of the sidewalk, curb returns, handicap ramps, paving and landscaping. If the Developer installs any curb return, sidewalk or handicap ramp before the installation of electrical lines in an area that interferes with the installation of the electrical line installation, the Developer shall be responsible for the cost of removal and replacement of those items and any associated street repairs. 2. Schedule of water lines to be installed out of sequence. Not Applicable 3. Schedule of sanitary sewer lines to be installed out of sequence. Not Applicable 4. Schedule of street improvements to be installed out of sequence. Not Applicable 5. Schedule of storm drainage improvements to be installed out of sequence. Not Applicable 35 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,36 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO EXHIBIT C MAINTENANCE GUARANTEE: The Developer hereby warrants and guarantees to the City, for a period of two years from the date of completion and first acceptance by the City of the public improvements warranted hereunder, the full and complete maintenance and repair of the public improvements constructed for this Development. This warranty and guarantee is made in accordance with the City of Fort Collins Land Use Code. This guarantee applies to the streets and all other appurtenant structures and amenities lying within the ROWs, easements and other public properties, including, without limitation, all curbing, sidewalks, bike paths, drainage pipes, culverts, catch basins, drainage ditches and landscaping. Any maintenance and/or repair required on utilities shall be coordinated with the owning utility company or city department. The Developer shall maintain said public improvements in a manner that will assure compliance on a consistent basis with all construction standards, safety requirements and environmental protection requirements of the City. The Developer shall also correct and repair, or cause to be corrected and repaired, all damages to said public improvements resulting from development-related or building-related activities. In the event the Developer fails to correct any damages within thirty days after written notice thereof, then said damages may be corrected by the City and all costs and charges billed to and paid by the Developer. The City shall also have any other remedies available to it as authorized by this Agreement. Any damages that occurred prior to the end of said two year period and that are unrepaired at the termination of said period shall remain the responsibility of the Developer. REPAIR GUARANTEE: The Developer agrees to hold the City of Fort Collins, Colorado, harmless for a five year period, commencing upon the date of completion and acceptance by the City of the public improvements constructed for this Development, from any and all claims, damages, or demands arising on account of the design and construction of public improvements of the Property shown on the approved Final Development Plan Documents for this Development; and the Developer furthermore commits to make necessary repairs to said public improvements, to include, without limitation, the roads, streets, fills, embankments, ditches, cross pans, sub-drains, culverts, walls and bridges within the ROW easements and other public properties, resulting from failures caused by design and/or construction defects. This agreement to hold the City harmless includes defects in materials and workmanship, as well as defects caused by or consisting of settling trenches, fills or excavations. Further, the Developer agrees that the City shall not be liable to the Developer during the warranty period, for any claim of damages resulting from negligence in exercising 36 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,37 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO engineering techniques and due caution in the construction of cross drains, drives, structures or buildings, the changing of courses of streams and rivers, flooding from natural creeks and rivers, and any other matter whatsoever on private property. Any and all monetary liability occurring under this paragraph shall be the liability of the Developer. The obligations of the Developer pursuant to the "maintenance guarantee" and "repair guarantee" provisions set forth above may not be assigned or transferred to any other person or entity unless the warranted improvements are completed by, and a letter of acceptance of the warranted improvements is received from the City by, such other person or entity. 37 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,38 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO EXHIBIT D Standard Operating Procedures (SOPS) for Stormwater A. Purpose In order for physical stormwater Best Management Practices (BMPs) to be effective, proper maintenance is essential. Maintenance includes both routinely scheduled activities, as well as non-routine repairs that may be required after large storms, or as a result of other unforeseen problems. Standard Operating Procedures (SOPS) clearly identify BMP maintenance responsibility. BMP maintenance is the responsibility of the entity owning the BMP. Identifying who is responsible for maintenance of BMPs and ensuring that an adequate budget is allocated for maintenance is critical to the long-term success of BMPs. For this project, the privately owned BMPs shown in Section B below are to be maintained by the Developer (or successor in interest which may be a property owner, or Homeowners Association (HOA), or property manager). It is incumbent upon the Developer to keep maintenance records and provide these records to the City upon request. B. Site-Specific SOPS The following stormwater facilities contained within this development are subject to SOP requirements: - Directly Connected Downspouts - Perforated Subdrain - Storm Drain Lines - Dry Extended Detention - Pre-Sedimentation Forebay - Bioretention - Wet Detention Basin - Vegetated and/or Cobble Swale The location of said facilities can be found on the Rudolph Farm Infrastructure Project Utility Plans and Landscape Plans. Required inspection and specific maintenance procedures and frequencies are outlined in the following pages. General maintenance requirements and activities, as well as BMP-specific constraints and considerations shall follow the guidelines outlined in Volume 3 of the Urban Drainage and Flood Control District (UDFCD) Urban Storm Drainage Criteria Manual. 38 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,39 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO SOP Maintenance Summary Table Stormwater Facility/ Ownership/ UDFCD Maintenance Reference BMP Responsibility Directly Connected Private N/,4 Downspouts Perforated Subdrain Private N/A Storm Drain Lines Private Follow guidelines for Storm Sewer System Cleaning (Chapter 5, Source Control BMP Fact Sheet S-12) Dry Extended Private Follow guidelines for Extended Detention Basins Detention (Chapter6, Section 7.0) Pre-Sedimentation Private Follow guidelines for Pre-Sedimentation Fore,bay Forebay (Chapter6, Section 9.0) Bioretention Private Follow guidelines for Bioretention (Chapter6, Section 5.0) Wet Detention Basin Private Follow guidelines for Retention Ponds and Constructed Wetland Ponds Chapter 6, Section 9.0) Follow guidelines for Grass Buffers and Swales Vegetated and/or Private (Chapter6, Section 4.0). Take note of native Cobble Swale vegetation. Also follow recommendations on Landscape Plans and Specifications. 39 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,40 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Directly Connected Downspouts Many of the downspouts connect directly to the storm drain system. The following SOP generally applies to all direct downspout connections. This SOP can more specifically apply to those which drain directly to the reservoir areas beneath the Modular Block Pavers. At each of these connections, the downspout discharges to a perforated drain basin. The drain basins discharge directly to the MBP reservoir. The drain basins are designed to prevent debris and sediment from entering the MBP reservoir area. Debris and sediment compromise the functionality and effectiveness of the system. Routine Maintenance Table for Directly Connected Downspouts Required Maintenance Objective Frequency of Action Action Inspect the downspout and basin to ensure the system functions as it Inspections Routine was designed. Repair or replace damaged downspouts as needed. Sediment, Remove debris and litter from the Routine—just before annual storm seasons Debris and Litter basin. Remove sediment from the (i.e., April/May); at the end of storm season removal sump. after leaves have fallen; and following significant rainfall events. 40 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,41 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Perforated Subdrain The perforated subdrain system storm drain outfall at the bottom of the Low Impact Development (LID) system is critical to the overall function of the system subbase. As such, special maintenance has been identified to ensure these perforated drain systems perform as they were designed. Perforated subdrains leading away from the LID system is designed to provide faster release of water when accumulation occurs under the LID system. Outflow should be seen into downstream storm boxes. If not seen it is recommended that the system is inspected using a video camera to verify no clogging has occurred. Perforated subdrains leading toward the LID system are designed to provide an opportunity for infiltration. These subdrains may lead to a drywell where additional infiltration capacity is available to reduce runoff per the stated LID goals adopted by the City. Routine Maintenance Table Required Maintenance Objective Frequency of Action Action Use a video camera to inspect the condition of the perforated drain pipes. Cleanout pipes as needed. If Inspection Every two to five years. the integrity of the pipe is compromised, then repair the damaged section(s). Where accessible, expose inlet and/or outlet of perforated pipe Inspection Minimum Annually and watch for water inflow and/or Outflow. 41 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,42 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Storm Drain Lines Maintenance Plan Storm drain lines are subject to sedimentation as well as tree roots clogging the flow path or altering the pipe slope. Maintenance is important to ensure these storm drain systems perform as they were designed. Routine Maintenance Table Required Maintenance Objective Frequency of Action Action Use a video camera to inspect the condition of the storm drain pipes. Cleanout pipes as needed. If the Inspection Every two to five years. integrity of the pipe is compromised, then repair the damaged section(s). 42 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,43 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Dry Extended Detention Basin Routine Maintenance Table (Summary from Chapter 6 of UDFCD) Required Maintenance Objective Frequency of Action Action Occasional mowing to limit unwanted vegetation. Maintain irrigated turf Lawn mowing Routine — Depending on aesthetic grass as 2 to 4 inches tall and non- and Lawn care requirements. irrigated native turf grasses at 4 to 6 inches. Sediment, Remove sediment, debris and litter Routine— Including just before annual storm Debris and Litter from the entire pond to minimize seasons (that is, April and May), end of removal outlet clogging and improve storm season after leaves have fallen, and aesthetics. following significant rainfall events. Non-routine— Performed when sediment accumulation occupies 20 percent of the Major Pond WQCV. This may vary considerably. Sediment Remove accumulated sediment from Inspections required every 10 years, non- removal the bottom of the basin. routine maintenance performed at that time if necessary. Typical is 10—20 years if no construction activities take place in the tributary watershed. Inspect basins to ensure that the basin continues to function as initially intended. Examine the outlet for Routine—Annual inspection of hydraulic and Inspections clogging, erosion, slumping, structural facilities. Also check for obvious excessive sedimentation levels, problems during routine maintenance visits, overgrowth, embankment and especially for plugging of outlets. spillway integrity, and damage to any structural element. 43 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,44 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Bioretention Routine Maintenance Table (Summary from Chapter 6 of UDFCD) Required Maintenance Objective Frequency of Action Action Occasional mowing of grasses and Lawn mowing weed removal to limit unwanted Routine — Depending on aesthetic and vegetative vegetation. Maintain irrigated turf requirements, planting scheme and cover. grass as 2 to 4 inches tall and non- Weeds should be removed before they care irrigated native turf grasses at 4 to 6 flower. inches. Remove debris and litter from bioretention area and upstream concrete forebay to minimize clogging of the sand media. Remove debris and litter from the pond area Routine— Including just before annual storm Debris and litter and outlet orifice plate to minimize seasons and after snow season (April or removal and clogging. Remove debris and litter May), end of storm season after leaves have snow from curb channel and sidewalk stockpiling chase outlets adjacent to pond if fallen, and following significant rainfall events. applicable to minimize clogging. Avoid stockpiling snow in the bioretention area to minimize clogging from sediment accumulation. Inspect detention area to determine if the sand media is allowing acceptable infiltration. If standing Routine— Biannual inspection of the Inspections water persists for more than 24 hours hydraulic performance. after storm runoff has ceased, clogging should be further investigated and remedied. 44 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,45 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Non-routine — Performed when clogging is Growing media Restore infiltration capacity of due to the migration of sediments deep into replacement bioretention facilities. the pore spaces of the media. The frequency of replacement will depend on site-specific pollutant loading characteristics. Pre-Sedimentation Forebay Routine Maintenance Table (Summary from Chapter 6 of UDFCD) Required Maintenance Objective Frequency of Action Action Remove debris and litter as needed. Routine — Including just before annual storm Debris and Litter Floating debris can clog the seasons (that is, April and May), end of storm removal overflow structure season after leaves have fallen, and following significant rainfall events. Remove accumulated sediment Non-routine — Performed when sediment from the bottom of the basin accumulation appears to result in excessive Forebay before it becomes a significant algae growth or mosquito production. This Sediment source of pollutants for the may vary considerably, but expect to do this re m ova I remainder of the pond. Inspect to every approximately every 4 years, as ensure that sediment does not necessary per inspection if no construction result in excessive algae growth or activities take place in the tributary watershed. mosquito production. More often if they do. Inspect to ensure that the facility continues to function as initially Routine —Annual inspection of hydraulic and intended. Examine the outlet for structural facilities. Also check for obvious Inspections clogging, erosion, slumping, problems during routine maintenance visits, excessive sedimentation levels, especially for plugging of outlets. Note the overgrowth, embankment integrity amount of sediment in the forebay and look and damage to any structural for debris at the outlet structure. element. 45 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,46 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Wet Detention Basin Maintenance Plan Routine Maintenance Table (Summary adapted from Chapter 6 of UDFCD) Required Action Maintenance Objective Frequency of Action Routine— Including just before Sediment, Debris and Remove sediment, debris and litter from annual storm seasons (that is, April Litter removal the entire pond to minimize outlet and May), end of storm season after clogging and improve aesthetics. leaves have fallen, and following significant rainfall events. Non-routine— Performed when sediment accumulation occupies 20 percent of the pond volume. This Major Pond Remove accumulated sediment from may vary considerably, but expect to Sediment removal the bottom of the basin. do this every 10 to 20 years, as necessary per inspection if no construction activities take place in the tributary watershed. More often if they do. Inspect basins to insure that the pond continues to function as initially Routine—Annual inspection of intended. Examine the outlet for hydraulic and structural facilities. Inspections clogging, erosion, slumping, excessive Also check for obvious problems sedimentation levels, overgrowth, during routine maintenance visits, embankment and spillway integrity and especially for plugging of outlets. damage to any structural element. 46 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,47 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Vegetated and/or Cobble Swales Routine Maintenance Table (Summary from Table GS-1, Chapter 6 of UDFCD) Required Maintenance Objective Frequency of Action Action Maintain irrigated grass at 2 to 4 Lawn mowing inches tall and non-irrigated native and Lawn care grass at 6 to 8 inches tall. Collect Routine —As needed. cuttings and dispose of them offsite or use a mulching mower. Keep the swale area clean for Debris and Litter aesthetic reasons, which also reduces Routine —As needed by inspection, but no removal the potential for floatables being less than two times per year. flushed downstream. Remove accumulated sediment near Routine —As needed by inspection. Estimate Sediment culverts and in channels to maintain the need to remove sediment from 3 to 10 removal flow capacity. Replace the grass areas percent of total length per year, as damaged in the process. determined by annual inspection. Check the grass for uniformity of Inspections cover, sediment accumulation in the Routine—Annual inspection is suggested. Swale, and near culverts. 47 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,48 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO EXHIBIT E PREPARED FOR Pacific North Enterprises, LLC RECEPTION#20250003100, 1/24/2025 11:58:52 AM,49 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO RUDOLPH FARM DEVELOPMENT PROJECT ADAPTIVE MANAGEMENT AND RESTORATION PLAN, LARIMER COUNTY, COLORADO Prepared for Pacific North Enterprises, LLC 900 Castleton Road, Suite 118 Castle Rock, Colorado 80109 Prepared by SWCA Environmental Consultants 295 Interlocken Boulevard, Suite 300 Broomfield, Colorado 80021 (303) 487-1183 www.swca.com SWCA Project No. 81702 January 2024 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,50 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Rudolph Farm Development Project Adaptive Management and Restoration Plan Larimer County, Colorado CONTENTS 1 Purpose..................................................................................................................................................1 2 Introduction..........................................................................................................................................1 2.1 Restoration and Enhancement Areas............................................................................................ 1 2.2 Existing Vegetative Conditions....................................................................................................2 3 Restoration Procedures and Best Management Practices................................................................4 3.1 Revegetation.................................................................................................................................4 3.1.1 Seedbed Preparation ...........................................................................................................4 3.1.2 Seeding................................................................................................................................5 3.1.3 Container Stock...................................................................................................................6 3.2 Site Stabilization...........................................................................................................................6 3.3 Irrigation.......................................................................................................................................7 4 Adaptive Management and Monitoring.............................................................................................7 4.1 Performance Standards.................................................................................................................7 4.2 Reference Area Selection .............................................................................................................8 4.3 Monitoring....................................................................................................................................8 4.4 Adaptive Management Triggers and Corrective Measures ..........................................................9 5 Wildlife Management Plan................................................................................................................10 6 Literature Cited..................................................................................................................................11 Appendices Appendix A.Weed Management Plan Appendix B. Monitoring and Reporting Plan Appendix C. Project Final Development Plan Appendix D.Wildlife Management Plan Tables Table 1. Adaptive Management Triggers and Corrective Measures for Restoration within the Rudolph Farm Development Project, Larimer County, Colorado.............................................9 Figures Figure 1. Project overview and established mitigation areas for the Rudolph Farm Development Project, Larimer County, Colorado............................................................................................3 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,51 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Rudolph Farm Development Project Adaptive Management and Restoration Plan Larimer County, Colorado This page intentionally left blank. RECEPTION#20250003100, 1/24/2025 11:58:52 AM,52 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Rudolph Farm Development Project Adaptive Management and Restoration Plan Larimer County, Colorado 1 PURPOSE The purpose of the Adaptive Management and Restoration Plan(AMRP)for the Rudolph Fann Development Project(Project)is to meet City of Fort Collins requirements for development including approved protection and mitigation measures associated with the Project Final Development Plan(FDP) and Development Agreement(DA). This document outlines the approach, strategy, and protocol for achieving the designated FDP natural habitat buffer zone (NHBZ) quantitative and qualitative performance standards. The objective of the AMRP to accomplish the NHBZ ecological habitat protection,enhancement and restoration criteria as compared to similar habitat enhancement projects on formerly heavily cultivated and irrigated agricultural sites throughout the City of Fort Collins. 2 INTRODUCTION The Project will consist of mixed-use development that will include residential, commercial, and retail infrastructure on approximately 83 acres of currently undeveloped land (Project Area). The Project is located on the northeast corner of Prospect Road and Interstate 25 and is entirely within Section 15, Township 7 North, Range 68 West. It will be bordered by the Fox Grove residential development to the north,the Kitchell subdivision and Timnath Middle/High School to the east, Prospect Road to the south, and Interstate 25 to the west. In accordance with Section 3.4.1 (D) of the City Land Use Code, an Ecological Characterization Study (ECS)was undertaken for the Project in March 2022 (SWCA 2022) due to the Project's proximity to natural habitats and features as defined by the City (City of Fort Collins 2023). As determined in the ECS,three natural habitats and features, specifically Boxelder Creek, Lake Canal, and the Cache la Poudre Inlet Ditch,were present within the Project Area. In accordance with Section 3.4.1 (E) of the City Land Use Code, a 50-foot NHBZ was applied to Lake Canal and the Cache la Poudre Inlet Ditch and a 100-foot NHBZ was applied to Boxelder Creek. This AMRP outlines the objectives and methods for restoration and enhancement activities within the NHBZs as well as the established mitigation areas. The primary objective is ensuring that applicable stabilization and revegetation requirements are met, including vegetative cover, ecological stability, and maintenance requirements. This AMRP provides restoration practices to facilitate re-establishment, maintain native and/or desired vegetation, and restore natural resources and ecological value lost from Project disturbance. It was developed in accordance with the previously mentioned City Land Use Codes, the City ofFort Collins Natural Areas Department Restoration Plan: 2016 2025(City of Fort Collins 2016),and the City of Fort Collins Natural Areas Program Vegetation Management Guidelines (City of Fort Collins 2015). 2.1 Restoration and Enhancement Areas Restoration and enhancement will be required throughout the NHBZs including where permanent and temporary disturbance occurs within NHBZs due to Project development. Temporary disturbance, or disturbance that will not result in the installation of Project-related infrastructure,within existing NHBZs during Project construction activities will occur along Boxelder Creek, Lake Canal, and the Cache la Poudre Inlet Ditch (Figure 1), and restoration and enhancement will be undertaken in these areas in accordance with the City Land Use Code.Where permanent disturbance occurs within NHBZs, or disturbance associated with the installation of permanent Project-related infrastructure,mitigation areas have been established to offset the impacts of the permanent disturbance and restoration actions will 1 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,53 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Rudolph Farm Development Project Adaptive Management and Restoration Plan Larimer County, Colorado consequently be undertaken in these areas. Total permanent Project disturbance within the Lake Canal and the Cache la Poudre Inlet Ditch NHBZ's will consist of approximately 4.02 acres of disturbance. Accordingly,mitigation areas for the Project have been established that total approximately 4.02 acres to ensure that mitigation is at least equal in ecological value to the loss suffered by the community because of the permanent disturbance. Established mitigation areas are within the northwest corner of the Project Area along the Box Elder Creek NHBZ,north of the Lake Canal NHBZ in the center of the Project Area, and along the western property line of the Project Area(Figure 1). Enhancement within portions of the NHBZs protected from impact in the FDP and not undergoing temporary or permanent disturbance or active restoration will largely be in ensuring no project-related impacts during constriction followed by weed management during and post-constriction. Enhancement areas are primarily associated with the Boxelder Creek corridor. 2.2 Existing Vegetative Conditions Based on a review of historical and current aerial imagery,much of the Project Area is within cropland and was actively farmed for at least the past 30 years (Google Earth 2022). The ECS process confirmed that the Project Area does not support significant areas of native vegetation and is primarily associated with prior land use practices (i.e., agricultural operations). Plant species observed within the Project Area during the ECS include plain's cottonwood (Populus deltoides),blue spruce (Picea pungens),western wheatgrass (Pascopyrum smithii), crested wheatgrass (Agropyron cristatum), smooth brome (Bromus inermis),prickly lettuce (Lactuca serriola), curly dock(Rumex crispus), sunflower(Helianthus annuus), showy milkweed (Asclepias speciosa),reed canarygrass (Phalaris arundinacea),narrowleaf cattail (7ypha angustifolia), common threesquare (S'choenoplectus pungens),and smooth horsetail (Equisetum laevigatum) (SWCA 2022). Noxious weeds such as Russian olive (Elaeagnus angustifolia), Canada thistle (Cirsium arvense), downy brome (Bromus tectorum),field bindweed(C'onvolvulus arvensis),and redstem filarce (Erodium cicutarium)were interspersed throughout the uplands and within existing disturbed areas of the Project Area(SWCA 2022). Russian olive and Canada thistle are designated as a List B noxious weed species by the Colorado Department of Agriculture (CDA)meaning that the species is subject to eradication, containment, or suppression to stop the continued spread and for the eventual eradication of the noxious weed population(s) (CDA 2020). The remaining species are designated as List C noxious weed species in Colorado meaning that they are widespread noxious weeds for which control is recommended but not required by the state. The management and control of noxious weed species occurring in areas of disturbance within the NHBZs, as well as the mitigation areas, are further discussed in Appendix A— Weed Management Plan. 2 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,54 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO 2i v Z. a O � o O m -6� 0 -------- - o m O �, o 0 1 � fD o f i m y um Z j On O 0• fD Q S TI v 0 IM 7 O o Q' = _ RUDOLPH FARM m INFRASTRUCTURE FINAL DEVELOPMENT PLAN(F PP) �iO RECEPTION#20250003100, 1/24/2025 11:58:52 AM,55 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Rudolph Farm Development Project Adaptive Management and Restoration Plan Larimer County, Colorado 3 RESTORATION PROCEDURES AND BEST MANAGEMENT PRACTICES Restoration would occur in areas of disturbance within the NHBZs as well as the mitigation areas established for the Project(see Figure 1; see Section 2.1). Revegetation measures and other best management practices (BMPs)would include the following measures. 3.1 Revegetation The primary objective of revegetation for the Project is to establish the species composition, diversity, structure,and ground cover appropriate for the desired plant community representative of the NHBZ being restored or mitigated. 3.1.1 Seedbed Preparation Seedbed preparation maximizes seeding efficiency and improves restoration success. Seedbed preparation for the Project includes topsoil replacement and surface roughening techniques to loosen the soil, such as scarifying. Decompaction and topsoil protection measures must be implemented to successfully re- establish vegetation and to protect the seedbed and soil resources until revegetation and stabilization are achieved; a good seedbed will contain various micro-habitats that provide opportunities for germination and establishment of seeds. 3.1.1.1 TOPSOIL SALVAGE, HANDLING, AND PLACEMENT 1. To the extent practicable,topsoil removed during construction activities should be conserved for later use on areas requiring revegetation. Salvage topsoil to depths of 6 inches (15.2 centimeters [cm]) or less. Salvaging of topsoil should generally not exceed a maximum depth of 6 inches (15.2 cm)to avoid and minimize mixing with subsoil horizons. 2. Store topsoil to the outer extent of the surface-disturbance work area for immediate use in restoration(i.e.,within the same growing season of construction activities). Install perimeter control and/or earthen berms around topsoil stockpiles to prevent the loss of topsoil from water erosion. For topsoil windrows stored for more than 30 days from salvage,additional erosion- control measures would be applied, as needed, such as surface crusting or organic tackifiers (i.e., guar tackifiers). 3. Evaluate the compaction of subsoil prior to the respread of topsoil and deep rip accordingly using a field cultivator or similar handheld tools. Ripping should occur to a minimum depth of 12 inches (30.5 cm)to reduce soil compaction and improve drainage. 4. Apply topsoil evenly across prepared subsoil surface. 3.1.1.2 PRE-SEEDING MEASURES 1. Perform primary tillage of topsoil to break up clods. Tillage must be no deeper than the depth of the replaced topsoil(less than 6 inches [15.2 cm]). Till across slope or perpendicular to the aspect of the slope to reduce erosive forces and avoid channelization from sheet flow and/or wind whenever possible. 2. Once salvaged topsoil is applied and prepared for seeding,prevent equipment from unnecessarily driving on and/or compacting applied topsoil. 4 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,56 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Rudolph Farm Development Project Adaptive Management and Restoration Plan Larimer County, Colorado 3. Suspend site preparation when the soil is too wet to support equipment without significant rutting or soil mixing. 3.1.2 Seeding Seeding in Colorado is typically most successful when implemented during fall prior to late fall/early winter freeze and precipitation events. If seeding must occur outside of the fall season, spring is another appropriate seeding window for the site. The fall dormant seeding period(preferred)is between October 1 and March 1, and the spring seeding window is between March 1 and May 15. The actual end date would be based on the current weather patterns and ground conditions, and seeding should be conducted in consideration of the current and anticipated weather conditions. When possible, seeding would occur prior to anticipated precipitation events to increase the likelihood of germination and vegetation establishment. The appropriate seeding technique and equipment must be used in consideration of site conditions and terrain. Drill seeding is the preferred seeding method for revegetation activities based on the extent of the area to be seeded. Broadcast seeding may be utilized in smaller or less accessible areas but should be applied at double the application rate. The restoration contractor is expected to use its expertise in recommending modifications to the proposed seed applications and methods. 3.1.2.1 DRILL SEEDING 1. Prepare soil as necessary and appropriate for native seed mix species through aeration and addition of amendments (if necessary),then seed in two directions to distribute seed evenly over entire area. Drill seed all disturbed areas as soon as possible after grading operations. 2. Appropriate native seeding equipment will be used(standard turf seeding equipment or agricultural equipment is not permitted). 3. Drill seed application is recommended per species application rate to no more than '/2 inch depth. 4. Soil conditions should be adequately dry (tillable) during seeding operations to prevent soil compaction, rutting, and deterioration of soil structure. 5. Mulching should occur directly after seeding. Apply certified weed-free straw mulch and/or other erosion-control devices/BMPs as specified following seeding. This measure will help prevent the loss of seed due to wind and/or water erosion. A-list of certified weed-free hay and mulch producers is available from the CDA(CDA 2022). 3.1.2.2 BROADCAST SEEDING 1. A spreader equipped with an agitator(near the seed rate aperture) is required for successful broadcast planting of native seed mixes. 2. Once the seed is spread,the seed must be sown into the soil in order to increase chances of germination with seed-to-soil contact and to keep soil moisture close to the seed. Once seed has been applied, it is recommended that a light or handheld harrow be used to incorporate the seed into the soil surface. The broadcasted seed can also be sown in with a rubber tire or tracked machine with overlapping passes so long as soil compaction does not occur. 3. Mulching should occur directly after seeding. Apply certified weed-free straw mulch and/or other erosion-control devices/BMPs as specified following seeding. This measure will help prevent the loss of seed due to wind and/or water erosion. A-list of certified weed-free hay and mulch producers is available from the CDA. 5 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,57 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Rudolph Farm Development Project Adaptive Management and Restoration Plan Larimer County, Colorado 3.1.2.3 SEED MIX Site-specific seed mixes will be used to restore and stabilize disturbed soils in the areas of disturbance within the NHBZs, as well as the mitigation areas; seed mixes and specified locations where each seed mix should be used can be found in the Infrastructure Final Development Plan developed for the Project (Appendix Q. Specifically,the City of Fort Collins upland seed mix, detention basin seed mix, erosion- control seed mix, and NHBZ utility seed mix will be used throughout the restoration areas or as needed. For site stabilization outside of the spring or fall seeding windows,the erosion-control seed mix can be seeded to provide quick vegetation establishment and more immediate ground cover and protection. Final selection of seed mixes would be dependent on seed availability. 1. The restoration contractor must purchase certified seeds or seeds from a reputable seller and follow proper seed handling guidelines, including storage temperature and humidity. To increase the likelihood of successful restoration,locally adapted native plant materials should be selected when possible. 2. Check the seed label prior to opening the bulk bag to confirm the correct seed is being applied to the specified location. Check the bulk bags of seed to confirm if all seed species are within each bag or if in bags separated by size or chaff. 3. The restoration contractor must procure and apply seed at the specified rate for the seeding method selected. 4. Contractor must retain all seed tags and provide the original seed tags along with documentation of the application location in a timely manner to Pacific North or the City upon request. 3.1.3 Container Stock Container stock plants will be installed using standard horticultural practice, as follows: 1. Thoroughly water all plants in their containers before planting. 2. Dig a hole twice as deep and three times as wide as the container. Break up soil clods and roughen the side,and then fill the planting hole with water and allow the water to drain completely. 3. Backfill the hole with salvaged topsoil to allow planting at the proper depth and then apply water. Remove the plant from its container,place on top of the moistened backfill, and apply the remaining topsoil to match the surrounding contour of the land. 4. For plantings 1 gallon or larger, create a planting basin berm roughly 2 feet in diameter around the plant and apply 1 to 2 inches of weed-free mulch inside the berm. A-list of certified weed-free hay and mulch producers is available from the CDA(CDA 2022). 5. All planted trees are to be staked and guyed for a period of 1 year. 3.2 Site Stabilization Site stabilization applications and erosion-control devices (ECDs)would be installed, as needed, following restoration activities and in accordance with the Project's stormwater management plan. 1. The addition of straw mulch(Section 3.1.2.1)is an ECD that can help to stabilize the soil and reduce erosion in disturbed areas. Following restoration actions,weed-free straw mulch should be applied to surface soils to reduce potential water and wind erosion. Recommended straw mulch application rates are between 1.5 to 2.0 tons per acre. 6 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,58 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Rudolph Farm Development Project Adaptive Management and Restoration Plan Larimer County, Colorado 2. Contact between the straw mulch and soil should be encouraged through similar practices used to improve seed-to-soil contact as described above (e.g.,tracking,rolling) or crimping. 3. All seeded slopes exceeding 25%in grade shall receive erosion-control blankets. 4. All ECDs would be monitored and maintained in compliance with the Project-specific stormwater management plan. 3.3 Irrigation A permanent irrigation system will be installed in areas of disturbance within the NHBZs as well as the mitigation areas where seed is distributed and/or where container stock is planted. An Irrigation Plan has been developed for the Project that includes location and specifications for each irrigation component and is presented within the Infrastructure Final Development Plan. Irrigation will be used in areas seeded at an appropriate frequency to maintain suitable soil moisture and to achieve establishment of seed mix species. Irrigation will continue until a resilient vegetative community is established and reproduction of seed mix species is documented(i.e.,flowering and fruiting). The permanent irrigation system will remain active in areas requiring continued irrigation (i.e., container stock plantings) for two growing seasons or until shrubs and trees exhibit no sign of drought stress and are actively growing. The irrigation system will be designed to grade and avoid obstructions to the extent practicable. The system will be installed to design and specifications, and any modifications to the irrigation system will be approved by Pacific North.Nozzles for spray and rotary sprinklers will be selected to provide complete and adequate cover and reduce areas of overspray as determined by site conditions. The radius of throw and arc will be adjusted for each sprinkler unit accordingly to maximize cover and minimize overspray. Dripline systems calibrated to container size will be used for all container stock plantings. The irrigation system point-of-connection will be downstream of the irrigation water tap and meter appropriately. 4 ADAPTIVE MANAGEMENT AND MONITORING The purpose of monitoring is to obtain information for use in evaluating responses to restoration activities and to identify necessary adaptive management measures. Implementation of any adaptive management strategy will be based upon the analytical process established by Martin et al. (2005) and will include the following: 1. Compare the analysis of monitoring data with the performance standards. 2. Evaluate whether the site is progressing toward the desired outcome(s). 3. Determine whether any corrective measures are necessary and, if so,what type. 4. Implement any prescribed corrective measures. 5. Continue monitoring site progression toward the desired outcome(s). 4.1 Performance Standards The adaptive management framework for the AMRP is based upon the performance standards that serve to indicate the success of restoration activities. The areas of disturbance within the NHBZs, as well as the mitigation areas,will be reseeded and revegetated with native and/or desirable vegetation. Vegetation establishment will be considered complete when the performance standards discussed below have been met after three consecutive growing seasons of monitoring (see Section 4.2) and adaptive management 7 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,59 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Rudolph Farm Development Project Adaptive Management and Restoration Plan Larimer County, Colorado and/or until deemed established by the City. The performance standards used to evaluate restoration success will consist of the following: • Adequate reference sites will be selected by City staff that will represent the target restoration communities (upland/mixed grass,mesic). • Success criteria will be generated from the measured vegetative cover of the reference sites. • Acceptable desirable total vegetation cover of the NHBZ cannot be less than 40%. • If applicable,diversity standards may be specified by the City environmental planner and should be determined as a condition of approval. SWCA has provided examples below: o A minimum of two growth forms (e.g.,graminoids, forbs) at each monitoring site. o A minimum of three graminoid species and two forb and/or shrub species at each monitoring site. • Noxious weed cover must be less than 5%of the absolute cover. • At least 80%woody plant survival for container stock. • Confirmation of site stabilization(i.e.,no observation of problematic erosional features and/or elevated sediment transport,gullies or excessive bare spots of ground). These performance standards aim to promote revegetation of desired species,control noxious plant species, establish site stabilization, control erosion, and maintain native habitat aesthetics of the impacted NHBZs. If performance standards are not trending toward success,adaptive management strategies may be triggered, and additional measures may be required(see Section 4.3). 4.2 Reference Area Selection Representative reference sites (i.e., relatively undisturbed areas representative of the surrounding landscape ecology and current land use)will be selected by the City to inform restoration success and define the performance standards described above. Quantitative data at these reference sites will be collected by the City environmental planning team at the end of each growing season(i.e. late summer/Fall) and the results will be provided to Pacific North to support monitoring efforts for the Project. 4.3 Monitoring Monitoring will be conducted for a minimum of three consecutive growing seasons to determine success and identify any potential revegetation,noxious weed management, or site stabilization problems. Monitoring will be conducted during the growing season, approximately June to September. Monitoring would include documentation of plant vegetation establishment, as well as site stabilization,within areas of disturbance within the NHBZs and the mitigation areas to evaluate the overall success of restoration activities and inform further management techniques (e.g., adaptive management). General observations, such as the fitness and health of plantings,native plant species recruitment, and signs of drought stress would be noted during the surveys, as well as soil erosion,herbivory, or other potential inhibitors to achieving restoration success as defined by the performance standards discussed prior. Quantitative and qualitative metrics and indicators will be used to assess conditions at monitoring sites randomly distributed throughout the NHBZ impact areas and mitigation areas in order to understand the full extent of vegetation establishment and site stabilization. Further details regarding restoration monitoring and reporting for the Project can be found in Appendix B—Monitoring and Reporting Plan. 8 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,60 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Rudolph Farm Development Project Adaptive Management and Restoration Plan Larimer County, Colorado 4.4 Adaptive Management Triggers and Corrective Measures Adaptive management triggers are established to indicate the need to implement corrective actions and measures in restoration areas after initial restoration activities (e.g., revegetation activities)are complete. Table 1 lists the associated adaptive management triggers and suggested corrective measures for each performance goal (see Section 4.1)by monitoring timeline. Suggested triggers and measures for adaptive management may not be inclusive of all potential adaptive management needs or solutions and should not be considered comprehensive. No single management technique is applicable or effective for all situations, and multiple management actions may be required for effective management. Instead, Table 1 discusses anticipated adaptive management needs and suggested corrective actions for restoration associated with the Project. Table 1. Adaptive Management Triggers and Corrective Measures for Restoration within the Rudolph Farm Development Project, Larimer County, Colorado Performance Goal Monitoring Adaptive Management Trigger Adaptive Management Corrective Timeline Measure Overall establishment of Year 1 Desirable plant species foliar Supplemental overseed with preferred desirable plant species cover cover is less than 25%of grass/forb species mix. Consider if absolute cover at reference decompaction of soil is required. sites. Year 2 Desirable plant species foliar Supplemental overseed with preferred cover is less than 35%of grass/forb species mix. absolute cover at reference sites. Year 3 Desirable plant species foliar Supplemental overseed with preferred cover is less than 100%of grass/forb species mix. absolute cover at reference sites. Control and management of Years 1-2 Observation of any A-list noxious Eradicate any observed individuals by hand- A-list noxious weed species' weed species. pulling/mechanical or chemical removal methods. Consider need for species-specific control action plan(s). Year 3 Eradicate any observed individuals by hand- pulling/mechanical or chemical removal methods. Continue treatment required until eradication is achieved. Control and management of Year 1 Foliar cover of B-and C-list Treat noxious weeds through mechanical or B-and C-list noxious weed noxious weed species is greater chemical control methods. species' than 25%of absolute cover. Year 2 Foliar cover of B-and C-list Retreat noxious weeds through mechanical noxious weed species is greater or chemical control methods. Develop than 15%of absolute cover. species-specific control action plan(s)for particularly aggressive species. Year 3 Foliar cover of B-and C-list Continue retreatment and consider noxious weed species is greater reseeding with preferred grass/forb species than 5%of absolute cover. mix until performance standards are met. Establish diversity in plant Years 1-2 No establishment of forb and/or Overseed with preferred grass/forb species community structure grass species. mix. Year 3 Plant container stock of forb species or overseed with preferred grass/forb species mix. 9 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,61 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Rudolph Farm Development Project Adaptive Management and Restoration Plan Larimer County, Colorado Performance Goal Monitoring Adaptive Management Trigger Adaptive Management Corrective Timeline Measure Stabilize site from erosion Year 1 Observation of rills at least 1 Hand fill and compact rills and other inch deep and/or any gullies. erosional features. Years 2-3 Hand fill and compact rills and other erosional features. If additional ECDs are needed, install sediment control logs to slow runoff and reseed eroded areas with the erosion-control seed mix or install erosion- control blankets with embedded seed. Note:If reseeding is required in specific target areas,seed would be broadcast at double the application rate and raked in. *Refer to Appendix A for further discussion on suggested weed management and control activities for the Project. 5 WILDLIFE MANAGEMENT PLAN The wildlife management plan guides nesting raptor/tree protection standards and any seasonal restrictions associated with the NHBZ,prairie dog mitigation efforts, and any songbird nesting survey guidelines. This plan is provided in Appendix D. 10 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,62 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Rudolph Farm Development Project Adaptive Management and Restoration Plan Larimer County, Colorado 6 LITERATURE CITED City of Fort Collins. 2015. City of Fort Collins Natural Areas Program Vegetation Management Guidelines. Available at: https://www.fcgov.com/naturalareas/pdf/veg-manag- guidelines2015addendum.pdf?1547500561. Accessed May 24, 2023. ---. 2016. City of Fort Collins Natural Areas Department Restoration Plan: 20162025. Available at: https://www.fcgov.com/naturalareas/pdf/restoration-plan.pdf Accessed May 24, 2023. 2023. Open Data: Natural Habitats and Features. Available at: https:Hopendata.fcgov.com/dataset/Natural-Habitat-and-Feature s/xdyz- bvbn?msclkid=240e534fa90al lec8976014bfbee748c). Accessed May 24,2023. Colorado Department of Agriculture (CDA). 2020. Colorado Noxious Weeds (including Watch List), effective October, 2020. Available at: https:Hdn*ve.google.com/file/d/ OBxn6NtpJWc9JRFE3LW 1 RWFVXY 1 E/view?resourcekey=0-WalETBS Qp3zCjfRnar5t3g. Accessed May 24,2023. 2022.Weed Free Forage. Available at: https:Hag.colorado.gov/conservation/weed-free-forage. Accessed May 25, 2023. Google Earth. 2022. Source: Fort Collins, Colorado. Available at: https://www.google.com/earth/. Accessed March 2022. Martin, S., R. Brumbaugh,and P. Hough. 2005. Conceptualizing mitigation performance standards. National Wetlands Newsletter March-April, 2005.Washington D.C.: Environmental Law Institute. SWCA Environmental Consultants (SWCA). 2022.Ecological Characterization Study for the Northeast Prospect and 1-25 Mixed-Use Development Project, Larimer County, Colorado. Technical report prepared for Pacific North Enterprises, LLC. Fort Collins, Colorado: SWCA Environmental Consultants. 11 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,63 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Rudolph Farm Development Project Adaptive Management and Restoration Plan Larimer County, Colorado This page intentionally left blank. 12 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,64 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO APPENDIX A Weed Management Plan RECEPTION#20250003100, 1/24/2025 11:58:52 AM,65 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO OVERVIEW Pacific North Enterprises,LLC(Pacific North)will have the overall responsibility of directing and monitoring the weed prevention and control efforts described in this Weed Management Plan (WMP) for the Rudolph Farm Development Project(Project)in Fort Collins, Larimer County, Colorado. This WMP outlines measures to safely eradicate and/or suppress infestations of state-listed noxious weeds species as designated by the Colorado Department of Agriculture (CDA) within the Natural Habitat Buffer Zone (NHBZ)restoration and enhancement areas for the Project as defined by the City of Fort Collins Land Use Code 3.4.1 (E). Herein,the term weed refers to those species classified as state-listed noxious weeds by the CDA (CDA 2020).'Pacific North is only statutorily required to treat and control noxious weeds. This WMP was developed in accordance with the Larimer County Noxious Weed Management Plan (Cisneros 2018),the City of Fort Collins Natural Areas Program Vegetation Management Guidelines (City of Fort Collins 2004), and Guidance for Weed Management Plans in the City ofFort Collins (City of Fort Collins 2020). REGULATORY ENVIRONMENT Regulatory authority and requirements for weed management and control are provided by the state regulations and city codes below. Colorado Revised Statutes (CRS) 35-5.5; Colorado Noxious Weed Act. The CDA maintains a list of noxious weeds that may be controlled to prevent further infestation or contamination.Noxious weeds are defined under the CRS 35-5.5 as an alien plant or parts of an alien plant that have been designated as being noxious or have been declared a noxious weed by a local advisory board and meets one or more of the established criteria. Only List A and List B noxious weed species require management throughout the state. CRS 35-9; Pesticide Act.The State of Colorado has laws addressing the refilling, registration, labeling, transportation, distribution, storage,use, and disposal of any pesticide; where pesticide is defined as any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest or any substance or mixture of substances intended for use as a plant regulator, defoliant,or desiccant (e.g.,herbicides). CRS 35-10; Pesticide Applicators' Act. The State of Colorado has laws regarding the licensing of pesticide application for commercial applicators,private applicators, qualified supervisors, and certified operators, including recordkeeping and storage requirements. Colorado Discharge Permit System Pesticide General Permit (PGP) COG860000. The State of Colorado has laws addressing the application of pesticides (which includes applications of herbicides) where discharge will occur to waters of the United States (WOTUS),waters of the state, and water's edge (including ditches and/or canals,dry washes, and ephemeral streams). If herbicides are anticipated to be discharged into WOTUS,waters of the state,or water's edge, Pacific North will comply with all permit 'Noxious weeds are categorized as follows: 1)List A plant species are rare noxious weed species always managed for eradication wherever detected,2)List B plant species are subject to eradication,containment,or suppression to stop the continued spread of these species and for the eventual eradication of those noxious weed populations,and 3)List C plant species are widespread noxious weeds for which control is recommended but not required by the state,although local governing bodies may require management. A-1 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,66 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO conditions including site monitoring, recordkeeping and annual reporting, and submittal of the Pesticide Discharge Management Plan (if required).' City of Fort Collins Land Use Code. The City of Fort Collins Land Use Code regulates zoning, land use,building design, and more. The Land Use Code prohibits the permittance of the growth of noxious weeds, regardless of height, as determined by the Colorado Noxious Weed Act. PRECONSTRUCTION NOXIOUS WEED INVENTORY State-listed noxious weed species were identified during the ecological characterization study conducted for the Project; specifically,two List B species, Russian olive (Elaeagnus angustifolia) and Canada thistle (Cirsium arvense), and three List C species, downy brome (Bromus tectorum),field bindweed (Convolvulus arvensis),and redstem filaree (Erodium cicutarium),were interspersed throughout the uplands and within existing disturbed areas of the Project area(SWCA Environmental Consultants 2022). No state-listed List A species were identified during the site assessment. Other undesirable species observed during the ecological characterization study included prickly lettuce (Lactuca serriola), curly dock(Rumex crispus), and sunflower(Helianthus annuus) (SWCA Environmental Consultants 2022), and the control of these species are not considered in this WMP. INTEGRATED WEED MANAGEMENT SYSTEM Monitoring and controlling state-listed noxious weed species is critical to achieving restoration success and reaching identified performance standards as noxious weeds and other undesirable plant species compete with desirable species for resources (i.e.,water and nutrients). The management of state-listed noxious weeds should be conducted based on the goals of the Project and consider the principles of integrated vegetation management and adaptive management. This WMP has been developed to satisfy state and city requirements and to support revegetation of disturbed areas during and after Project construction through the use of an Integrated Weed Management System (IWMS)that promotes the establishment of healthy and productive native/desirable vegetation and integrates the use of chemical, cultural, and mechanical means of weed control. This WMP provides best management practices (BMPs) for the Project contractor(s)to prevent the introduction and control the spread of state-listed noxious weeds due to Project activities, such as construction,using an IWMS. Preventative Measures Preventative measures will include contractor education and training, early identification,use of weed- free straw mulch and seed during all construction operations and restoration activities, and implementation of BMPs to minimize the potential for introduction of new weed infestations or spread of existing infestations. The following BMPs have been identified to prevent further establishment of weeds in the NHBZ restoration areas: • Pacific North or its contractors will provide educational trainings and/or materials to construction contractors that discuss weed prevention, control, and avoidance efforts. Prior to the initiation of Project-related ground-disturbing activities, contractors will be provided training materials that 'The CDA PGP can be used to authorize the use of weed,algae,and animal control by pesticide operators where point source discharges from the application of pesticides to WOTUS or waters of the state may occur.PGP approval is subject to several conditions,including site monitoring,specific permit stipulations,and submittal of an annual report and Pesticide Discharge Management Plan to the CDA. A-2 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,67 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO summarize the weed prevention and management strategies discussed in this plan to reduce the potential for the spread or colonization of weed species during Project construction. • Encourage reporting of weed species observed within the Project area during construction or routine maintenance activities.Weed infestation areas may be flagged by the construction contractor(s) or maintenance personnel to visually demark affected areas and to alert personnel to avoid these areas until weed management control measures have been implemented. • Limit the number of designated areas used for equipment storage and vehicle parking. All equipment entering the work area will be cleaned and free of debris and vegetative material prior to any construction earthwork activity to limit the potential for the spread and/or establishment of infestations. Concentrate cleaning efforts on the undercarriage and wheels to remove seeds and plant parts. • Limit movement of salvaged topsoil that may contain soil-borne weed seeds,roots, or rhizomes. Label noxious seed materials to avoid mixing with weed-free soil. During revegetation activities, construction contractor(s)will return salvaged topsoil containing weeds to their original locations. • Treat weeds observed and documented in areas of disturbance within the NHBZs and mitigation areas for the Project prior to the initiation of construction activities. • Construction contractors will inspect, remove, and appropriately dispose of weed seed and plant parts found on their clothing and equipment. • Construction contractor(s)will ensure straw or hay bales used for sediment barrier installations or mulch distribution are certified free of primary noxious weeds. A list of certified weed-free hay producers is available from the CDA(CDA 2022). • Immediately following construction,implement revegetation of temporary disturbed lands using the erosion control seed mix or other approved seed mixes for the Project. Revegetation efforts will ensure adequate vegetative cover,reducing the potential for the invasion of weeds. Control Numerous methods exist for controlling weeds and new techniques and chemicals are ever emerging. Therefore, it is recommended that multiple control options be considered and employed as part of the IWMS developed for the Project and detailed here.While weed control for the Project will focus on state- listed noxious weed species, other invasive and nonnative species inhibiting the establishment of desirable and/or native vegetation may also be controlled to ensure performance standards are met, if needed. The following sections outline common weed control techniques and associated BMPs. Mechanical Control • Hand-pulling may be appropriate for certain small infestations of annual and biennial weeds and in areas where landscaping is to occur. Pulling may not remove the entire root system and is ineffective for killing rhizomatous weed species. It should be ensured that hand-pulled plants do not resprout from residual roots. • Personal protection equipment(e.g., long sleeves,gloves) should be worn to protect against plant allergens and avoid areas where chemical treatments or other safety restrictions apply. • When mechanical weed control methods are employed, collect,bag, and dispose of seeds and plant parts by incineration on-site or at a site that accepts weed materials. A-3 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,68 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Chemical Control • In areas of dense infestations,herbicides will be used. Choosing the correct herbicide with the appropriate selectivity and mode of action for the target species is important to avoid damaging desirable species,to ensure effective control, and to avoid impacts to wildlife and the environment. • All herbicide applications should be completed or supervised by a CDA Certified Operator pesticide applicator per the Pesticide Applicators' Act. • All herbicide label requirements must be followed. Deviations are not allowed. • All herbicide applications should be made with the appropriate spraying equipment; spot treatment with an herbicide spray gun is the preferred method in discrete areas. • Apply herbicides in the minimum amount and at the minimum frequency necessary to control the target weed. • Do not conduct treatments during precipitation events or when precipitation is expected within 24 hours. • Apply herbicides in favorable weather conditions to minimize drift. Herbicide applications should only be conducted when average wind speeds are below 10 miles per hour. All applicators will be responsible for minimizing the discharge of pollutants resulting from the application of herbicides. • It is recommended that research on herbicide control options, authoritative permissions, and treatment conditions be reviewed prior to treatment and as part of the adaptive management framework for the Project. • Herbicide application within the NHBZs and mitigation areas of the Project may require a CDA PGP if the application of the herbicide will result in a discharge to WOTUS,waters of the state, and water's edge (including ditches and/or canals, dry washes, and ephemeral streams). As a condition of the PGP, Pacific North or its contractor(s)will take precautionary measures to avoid discharges that cause or contribute to an exceedance of applicable surface water quality standards and comply with other PGP requirements, such as monitoring and reporting. • Herbicide application,handling, spills, and cleanup will be controlled to minimize impacts on surrounding vegetation and will follow spill reporting requirements outlined in the PGP. Weed-Specific Control Action Plans Weed-specific control action plans may be developed for the Project if any weed species become especially problematic or do not respond to existing management practices or treatments and will include information on recommended management strategies. Downy brome, a List C species under the Colorado Noxious Weed Act,was observed during the ecological characterization study conducted for the Project (SWCA Environmental Consultants 2022). Based on the ubiquity of downy brome in the and west and associated challenges with controlling the species (Kyser et al. 2013), SWCA has developed a control action plan for the species below. If downy brome, or other noxious weed species,prohibit restoration success as defined by the Project's performance standards detailed in the Adaptive Management and Restoration Plan, a formal control action plan should be developed for the problematic species. A-4 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,69 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO DOWNY BROME Downy brome is a highly invasive plant with the potential to suppress desirable native species; it can infest uplands to riparian zones along with heavily grazed rangelands, roadsides, and disturbed sites (Mealer et al. 2013). Downy brome is a prolific seed producer and can produce propagules during multiple growing events per year maintaining a healthy and robust seedbank. Additionally,this species often outcompetes native vegetation through early and rapid germination, extensive root systems, plasticity (i.e.,the ability to adapt to changing environmental conditions),and its ability to thrive in disturbed sites (Mealer et al. 2013). Control actions for downy brome should focus primarily on seedbank control and actions limiting seed production, specifically through chemical control. The use of imazapic (i.e.,Plateau) as a pre-emergent herbicide treatment in the fall prior can be effective (Kyser et al. 2013,Mealer et al. 2013). Chemical treatments should be combined with reseeding efforts to ensure that downy brome or other weeds do not reestablish in the treated area. If seeding is conducted in the fall, application of imazapic (i.e.,Plateau)would be completed no more than 10 days prior to seeding or two days following. Alternatively,indaziflam (i.e.,Rejuvra)pre- emergent herbicide treatment may be used as an effective control for downy brome (Clark et al. 2019), especially where significant ground disturbance occurs. Treatment applications of indaziflam (i.e., Rejuvra) should occur in the summer or fall and seeding of treated areas should not occur until the following growing season dependent on the time of application. Downy brome infestations identified during monitoring will be evaluated for existing cover relative to background levels on the adjacent landscape, and more specifically,within the reference sites established for monitoring. Existing populations that were previously treated with herbicides and reseeded will be revisited the following year to evaluate the effectiveness of the treatment and to identify any additional treatment or reseeding needs until performance monitoring is conducted and restoration is deemed complete by the City of Fort Collins. The goal of monitoring and treatment for downy brome will be to ensure that cover meets performance standards for List C noxious weed species,which is an infestation level comparable or less than the noxious weed cover monitored at reference sites. Boxelder Creek NHBZ Weed management within the Boxelder Creek NHBZ will be necessary to protect and enhance the ecological value of the site. Although portions of this specific NHBZ are not undergoing temporary or permanent disturbance,weeds will still need to be monitored,and if necessary, controlled using chemical, and/or mechanical means of weed control. Control methods will be determined based on the type of weed identified and at the discretion of the Project contractor(s). Additional maintenance will be required within this NHBZ and all restoration areas. Maintenance should start as soon as possible but is especially critical within the first 1-3 years of the Project. Ultimately,the results of the monitoring efforts will provide a list of recommended maintenance activities. ADAPTIVE MANAGEMENT Adaptive management greatly increases the potential for weed management success by providing early detection of problems (i.e.,adaptive management triggers) and the opportunity to implement corrective actions to address those problems. If initial weed management and control techniques are not adequate (i.e., ineffective), or if new issues arise, additional measures and adaptive management may be implemented.Weed inventorying and monitoring is an essential element of adaptive management because A-5 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,70 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO it provides reliable feedback on the effects of restoration actions. If it has been determined that corrective measures are necessary,per the adaptive management triggers outlined in the Project's Adaptive Management and Restoration Plan,monitoring data will provide information on target areas and species that require an IWMS approach,whereby a combination of management actions would be implemented for effective control. Information on monitoring and reporting protocols for the Project, including for weeds, can be found in Appendix B of the Adaptive Management and Restoration Plan. A-6 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,71 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO LITERATURE CITED Cisneros, Casey. 2018.Larimer County Noxious Weed Management Plan. Available at: https://www.lan*mer.gov/sites/default/files/uploads/2018/lan*mer_county_noxious weed_plan_2 018.pdf Accessed June 4, 2023. City of Fort Collins. 2004. City of Fort Collins Natural Areas Program Vegetation Management Guidelines. Available at: https://www.fcgov.com/naturalareas/pdf/veg-manag- guidelines2015addendum.pdf?1547500561. Accessed June 4,2023. 2020. Guidance for Weed Management Plans in the City of Fort Collins. Available at: https://www.fcgov.com/developmentreview/files/weed-management-plan-guidance-10-21- 2020.pdf?1680548000. Accessed June 4, 2023. Clark S.L. et al. 2019. Effect of indaziflam on native species in natural areas and rangeland.Invasive Plant Science and Management 12:60-67. doi: 10.1017/inp.2019.4 Colorado Department of Agriculture (CDA). 2020. Colorado Noxious Weeds (including Watch List), effective October, 2020. Available at: https:Hdn*ve.google.com/file/d/ OBxn6NtpJWc9JRFE3LW 1 RWFVXY 1 E/view?resourcekey=0-WalETBS Qp3zCjfRnar5t3g. Accessed May 24, 2023. 2022.Weed Free Forage. Available at: https:Hag.colorado.gov/conservation/weed-free-forage. Accessed May 25, 2023. Kyser,Wilson et al. 2013. Herbicide-Assisted Restoration of Great Basin Sagebrush Steppe Infested With Medusahead and Downy Brome.Rangeland Ecology&Management, 66(5), 588-596. Available at: https:Hdoi.org/10.21 I I/REM-D-12-00184.1. Accessed July 3,2023. Mealor et al. 2013. Cheatgrass management handbook: managing an invasive annual grass in the Rocky Mountain region. University of Wyoming, Laramie,Wyoming and Colorado State University, Fort Collins, Colorado. Available at: https://www.nres.usda.gov/sites/default/files/2022- 09/cheatgrass management_handbook_O.pdf. Accessed July 3, 2023. SWCA Environmental Consultants (SWCA). 2022.Ecological Characterization Study for the Northeast Prospect and 1-25 Mixed-Use Development Project, Larimer County, Colorado. Technical report prepared for Pacific North Enterprises, LLC. Fort Collins, Colorado: SWCA Environmental Consultants. A-7 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,72 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO This page intentionally left blank. A-8 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,73 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO APPENDIX B Monitoring and Reporting Plan RECEPTION#20250003100, 1/24/2025 11:58:52 AM,74 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO OVERVIEW Pacific North Enterprises,LLC(Pacific North), or its contractors,will have the overall responsibility of conducting restoration monitoring, analyzing the results, and preparing monitoring reports for the Rudolph Farm Development Project(Project) in Fort Collins, Larimer County, Colorado. The restoration monitoring data will be used to inform corrective measures and remedial actions if performance standards are not met, and adaptive management strategies are triggered. This monitoring and reporting plan was developed in accordance with the City of Fort Collins Natural Areas Department Restoration Plan: 20162025 (City of Fort Collins 2016),the Guide to City of Fort Collins Ecological Monitoring Guidance (City of Fort Collins 2022), and Guidance for Weed Management Plans in the City ofFort Collins (City of Fort Collins 2020). This plan was developed to provide guidance on monitoring methods and frequency,performance standards to inform restoration success and adaptive management,and the associated reporting protocols. Establishing a strong monitoring and reporting plan that can be easily implemented and repeated will greatly assist in future efforts to make adaptive management decisions and implement the adaptive management program as outlined in the Project's Adaptive Management and Restoration Plan (AMRP). RESTORATION MONITORING Restoration monitoring is conducted to evaluate the response of restoration and revegetation activities and to determine the need for adaptive management strategies if performance standards are not achieved. Monitoring data provides information on target areas and species, such as poor seedling establishment or noxious weeds,that may require varied or more intensive treatments. Performance Standards The Project's AMRP describes the performance standards identified for the Project that will be used to assess resotration success. These performance standards include the following: • Adequate reference sites will be selected by City of Fort Collins (City) staff that will represent the target restoration communities (upland/mixed grass,mesic). • Success criteria will be generated from the measured vegetative cover of the reference sites (provided by the City). • Acceptable desirable total vegetation cover of the NHBZ cannot be less than 40%. • If applicable,diversity standards may be specified by the City environmental planner and should be determined as a condition of approval. SWCA has included examples below: o A minimum of two growth forms (e.g.,graminoids, forbs) at each monitoring site. o A minimum of three graminoid species and two forb and/or shrub species at each monitoring site. • Noxious weed cover must be less than 5%of the absolute cover. • At least 80%woody plant survival for container stock. • Confirmation of site stabilization(i.e.,no observation of problematic erosional features and/or elevated sediment transport,gullies or excessive bare spots of ground). B-1 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,75 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Timeline Monitoring will be conducted for a minimum of three consecutive growing seasons after revegetation activities for the Project are initiated to determine if the revegetated areas are trending towards success and to identify any potential vegetation establishment,noxious weed management, or erosional problems. At least one monitoring visit will occur annually from mid-summer to early fall (June to September) at the peak of growing season. Additional monitoring visits may occur during the first and second years of restoration, or as needed,to ensure that desired vegetation has established and noxious weed infestations, if present, are managed and treatments are effective, as applied. In Year 3,performance monitoring will be conducted to evaluate if the restoration areas of the Project have met the performance standards described above. If performance standards are not achieved by the Year 3 of monitoring,monitoring will continue until the performance standards are achieved or until restoration is deemed complete by the City of Fort Collins. Project monitoring and reporting will occur according to the schedule in Table B-1. Table B-1. Monitoring and Reporting Schedule for the Project Task Timeline Year 1 Year 2 Year 3 and Beyond Qualitative Vegetation* Bi-annually; February to March Bi-annually; February to March Annually;June to September Monitoring and June to September and June to September Quantitative Vegetation Annually;June to September Annually;June to September Annually;June to September Monitoring Reporting Annually; October Annually; October Annually; October *Monitoring will be focused on potential erosional and noxious weed issues. Monitoring Protocols Monitoring will document plant vegetation establishment and composition,percent foliar cover and surface cover, and other indicators of the ecological health of revegetated areas within the restoration and areas of the Project to evaluate the overall success of restoration activities and to inform further management techniques. Quantitative assessment of plant vegetation establishment will be conducted and qualitative observations including fitness and health of plantings, signs of drought stress,erosional features such as rills and/or gullies, and impacts from herbivory or vandalism will be recorded during monitoring. Monitoring will be informed by the establishment of reference sites close to each monitoring site that are representative of the surrounding landscapes ecology and land use patterns. The quantitative vegetation assessment will use a radial Daubenmire method to assess vegetative cover and composition within the restoration areas of the Project. Additionally,mapping and density and/or visual cover estimates for observed noxious weeds, if any are present,will occur wherever they are observed within the restoration areas of the Project; identification of weed sources will also occur.Where container stock is planted, survivorship and health of plantings will be assessed. Proximal sensing technologies such as handheld sensors or sensors mounted on uncrewed aerial vehicles (UAVs) flown at low altitude may be used for estimations of foliar and surface cover within sampling points if appropriate. Qualitative monitoring will be conducted by a pedestrian survey that includes photograph documentation and identifies target areas for maintenance actions such as reseeding or erosion control. B-2 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,76 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO City planning staff will implement point line intersect transects to confirm results and document compliance at the restoration areas of the Project and reference sites. Only City planning staff will provide the data used to determine if the performance criteria outlined in the Development Agreement are met. Radial Daubenmire Survey The radial Daubenmire method is a modified method that places sampling points along a radial transect rather than a linear transect(Figure 13-1). This is a method modified from the established Daubenmire cover class method(Coulloudon et al. 1999; Daubenmire 1952, 1959). Sampling points are assessed by visual estimate of foliar and surface cover, and species composition is recorded. The intention of this radial format is to capture the composition and cover of a plant assemblage by concentrating sampling points in one area ecosystem type rather than across the landscape. Monitoring sites will be randomly distributed throughout the restoration areas of the Project and additional monitoring sites may be added in locations where the plant assemblage markedly changes, as assessed by the surveyor,to evaluate the entirety of the restoration effort. This achieves what may be captured at coarser detail in a linear method (e.g., line-point intercept). It has been demonstrated that the use of visual estimation within a defined sampling area tends to provide better information on species composition and biodiversity than a linear method would, and that both methods are comparable regarding accuracy when assessing ground cover if a trained surveyor is conducting the assessment(De Stefano et al. 2021). Each monitoring site will consist of a sampling point at the center point of the monitoring site and four additional sampling points in each cardinal direction at approximately 5 meters (m) from the center point (Figure B-1). The sampling points are oriented in such a way that they are surveyed within the 10 X 10—m square as defined by the 5-m point from center in each cardinal direction. Sampling points will be 0.2 X 0.5 in in size (0.1 square meter). At minimum,five monitoring sites (approximately 0.1 acre) and three reference sites that provide a measure of variability across the surrounding ecological gradient will be established for the Project. B-3 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,77 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO L � 10-m I I I I I I I -J I I w E I f — — — — — _,- - - - - - I SE L1 1 L1 5W 9 I I I I I I 10-m L--� Figure B-1. Diagram of the radial Daubenmire method. REPORTING Pacific North, or its contractors,will prepare brief monitoring reports documenting regular maintenance tasks and results of monitoring surveys for the Project. These reports will be prepared annually for review by the City of Fort Collins for 3 monitoring years or until the performance standards are achieved and/or restoration is deemed complete by the City of Fort Collins. Monitoring reports will include photographs, discussion of completed maintenance work, documentation of vegetation within restoration areas,general ecological conditions within these areas, observations of noxious weeds if any are observed, and recommendations for further adaptive management measures if needed. Figures documenting the monitoring sites will be presented in the annual monitoring reports as well as the results of quantitative monitoring in tabular format. Monitoring reports will be provided to the City of Fort Collins annually by the end of November for the duration of monitoring activities for the Project. ADAPTIVE MANAGEMENT The adaptive management program implemented through the AMRP will provide early indication of potential problems and direction(i.e.,triggers and corrective measures)to ensure that revegetation and restoration is trending towards achieving the defined performance standards. Sound adaptive management can help to manage risk and uncertainty, enhance revegetation efforts, and ensure that restoration stays on track where corrective measures are employed. Table B-2 describes the adaptive management triggers and corrective measures developed for the Project. If new noxious weed infestations are recorded during monitoring conducted for the Project, or if known infestations continue to spread,the appropriate weed B-4 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,78 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO control measures will be implemented as described in the weed management plan (Appendix A) developed for the Project. Similarly, if desired vegetation fails to establish or erosional features are observed within the restoration areas of the Project, corrective action will be taken. Table B-2. Adaptive Management Triggers and Corrective Measures for Restoration within the Rudolph Farm Development Project, Larimer County, Colorado Performance Standard Monitoring Adaptive Management Trigger Adaptive Management Corrective Measure Timeline Overall establishment of Year 1 Desirable plant species foliar Supplemental overseed with preferred desirable plant species cover is less than 25%of grass/forb species mix.Consider if cover absolute cover at reference sites. decompaction of soil is required. Year 2 Desirable plant species foliar Supplemental overseed with preferred cover is less than 35%of grass/forb species mix. absolute cover at reference sites. Year 3 Desirable plant species foliar Supplemental overseed with preferred cover is less than 100%of grass/forb species mix. absolute cover at reference sites. Control and Years 1-2 Observation of any A-list noxious Eradicate any observed individuals by hand- management of A-list weed species. pulling/mechanical or chemical removal noxious weed species* methods. Year 3 Eradicate any observed individuals by hand- pulling/mechanical or chemical removal methods. Continue treatment required until eradication is achieved. Control and Year 1 Foliar cover of B-and C-list Treat noxious weeds through mechanical or management of B-and noxious weed species is greater chemical control methods. C-list noxious weed than 25%of absolute cover. species* Year 2 Foliar cover of B-and C-list Retreat noxious weeds through mechanical or noxious weed species is greater chemical control methods. Develop species- than 15%of absolute cover. specific control action plan(s)for particularly aggressive species. Year 3 Foliar cover of B-and C-list Continue retreatment and consider reseeding noxious weed species is greater with preferred grass/forb species mix until than 5%of absolute cover. performance standards are met. Establish diversity in Years 1-2 No establishment of forb and/or Overseed with preferred grass/forb species plant community grass species. mix. structure Year 3 Plant container stock of forb species or overseed with preferred grass/forb species mix. Stabilize site from Year 1 Observation of rills at least 1 inch Hand fill and compact rills and other erosional erosion deep and/or any gullies. features. Years 2-3 Hand fill and compact rills and other erosional features. If additional erosion-control devices are needed, install sediment control logs to slow runoff and reseed eroded areas with the erosion-control seed mix or install erosion- control blankets with embedded seed. Note:If reseeding is required in specific target areas,seed would be broadcast at double the application rate and raked in. *Refer to Appendix A for further discussion on suggested weed management and control activities for the Project. Pacific North will rely on feedback from the results of monitoring as well as recommendations in the annual monitoring reports when considering implementation of adaptive management corrective measures,if needed. Pacific North will coordinate with maintenance personnel who will assist Pacific North in meeting the goals and objectives of the AMRP through timely feedback of monitoring results and associated technical support. B-5 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,79 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO ATTACHMENT B-1 : ANNUAL RESTORATION MONITORING REPORT TEMPLATE OVERVIEW [Restoration monitoring is conducted to evaluate the response of restoration and revegetation activities and to determine the need for adaptive management strategies if performance standards are not trending towards success or achieved.Monitoring data provides information on target areas and species, such as poor seedling establishment or noxious weeds, that may require varied or more intensive treatments.Monitoring reports will provide overview of completed maintenance work, summary of implemented restoration actions, documentation of site photographs, assessment of established vegetation within restoration and mitigation areas, general ecological conditions within these areas, observations of noxious weeds if any are observed, and recommendations for further adaptive management measures ifapplicable.] Performance Standards The performance standards used to evaluate restoration success will consist of the following: • Reference sites will be selected by City staff that will represent the target restoration communities (upland/mixed grass,mesic). • Success criteria will be generated from the measured vegetative cover of the reference sites (provided by the City). • Acceptable desirable total vegetation cover of the NHBZ cannot be less than 40%. • If applicable, diversity standards may be specified by the City and should be determined as a condition of approval. SWCA has provided examples below: o A minimum of two growth forms (e.g.,graminoids,forbs) at each monitoring site. o A minimum of three graminoid species and two forb and/or shrub species at each monitoring site. • Noxious weed cover must be less than 5%of the absolute cover. • At least 80%woody plant survival for container stock. • Confirmation of site stabilization(i.e.,no observation of problematic erosional features and/or elevated sediment transport,gullies or excessive bare spots of ground). Restoration Actions [Summary of restoration actions implementedpost-construction in accordance with the Infrastructure Final Development Plan developed for the Project(i.e., seeding, container stock planting, weed management and control, irrigation, and landscaping).] B-6 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,80 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Table 1. Restoration Actions Implemented for the Project(Example Only). Restoration Area Restoration Action Treatment Acres Notes [INSERT] Figure 1. Restoration actions and areas implemented for the Project. B-7 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,81 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO RESTORATION MONITORING Monitoring Protocols [Survey protocols and methodology used to assess the monitoring and reference sites will be described here.] Monitoring Results [Monitoring results of implemented restoration actions will be summarized annually for review by the City of Fort Collins for 3 monitoring years or until the performance standards are achieved and/or restoration is deemed complete by the City of Fort Collins. Restoration monitoring results will be presented for each monitoring and reference site assessed and summarized in an appendix to this annual report with the tables included in Exhibit A—Restoration Monitoring Results. A high-level summary of monitoring results at the monitoring and reference sites will be included here.] Adaptive Management and Corrective Measures [Adaptive management and corrective measures will be implemented as informed by restoration monitoring to ensure that revegetation and restoration is trending towards achieving the defined performance standards. If desired vegetation fails to establish, noxious weeds are above the tolerated thresholds, and/or major erosional features of concern are observed within the restoration areas of the Project, corrective actions) will be taken. The restoration monitoring data will be used to determine if adaptive management is triggered and where corrective actions are required as a result. This section will provide recommendations for when and where corrective measures should be taken, if needed.] B-8 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,82 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO EXHIBIT A - RESTORATION MONITORING RESULTS (INCLUDED FOR EACH MONITORING AND ASSOCIATED REFERENCE SITE) Site ID Latitude/Longitude Monitoring Site Reference Site Evaluation Criteria Yes No 1. A self-sustaining and locally native plant community is established. 2. The monitoring site includes sufficient species diversity. 3. The monitoring site includes sufficient growth form composition. 4. The native vegetation cover standard is met or exceeded. 5. Resilient vegetation is established. 6. Noxious weed species are a minor vegetative component and cover standards are not exceeded. 7. The monitoring site is considered stabilized with no obvious erosional features. Table 1. Vegetation Cover(% Foliar Cover) and Composition of Monitoring and Reference Sites (Example Only) Restoration Restoration Cover Reference Cover Percent Growth Form Species Count' (V (%) Similarity 70% Standard Grasses Forbs Shrubs Trees Surface cover' — TOTAL* *Vegetative growth form counts do not include nonnative or noxious weed species. tRestoration cover is used to evaluate revegetation standards and is the sum of native vegetation(grasses,(orbs,shrubs). $Individual line items may not add to total due to rounding. Surface cover is inclusive of non-Foliar ground covertypes such as litter,rocks,unprotected soil,bedrock,etc. B-9 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,83 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Table 2. Species Observed (% Foliar Cover) of Monitoring and Reference Sites (Example Only) Common Name Scientific Name Noxious Weed Restoration Reference (Yes/No) Cover(%) Cover(%) TOTAL* $Individual line items may not add to100%as the total is not reflective of absolute cover. Site Photographs [Includes site photographs of surface (i.e., nadir), overview in each cardinal direction, and each Daubenmire frame collected(n S).] B-10 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,84 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO LITERATURE CITED City of Fort Collins. 2016. City of Fort Collins Natural Areas Department Restoration Plan: 20162025. Available at: https://www.fcgov.com/naturalareas/pdf/restoration-plan.pdf Accessed May 24, 2023. 2020. Guidance for Weed Management Plans in the City of Fort Collins. Available at: https://www.fcgov.com/developmentreview/files/weed-management-plan-guidance-10-21- 2020.pdf?1680548000. Accessed June 4, 2023. 2022. Guide to City of Fort Collins Ecological Monitoring Guidance. Available at: https://www.fcgov.com/developmentreview/files/nhbz-monitoring-guidance- vl.pdf?1680548000. Accessed June 7, 2023. Coulloudon, B., K. Eshelman, J. Gianola,N. Habich,L. Hughes, C. Johnson, M. Pellant,P. Podbomy,A. Rasmussen, B. Robles, P. Shaver, J. Spehar, and J.Willoughby. 1999. Sampling Vegetation Attributes. Technical Reference 1734-4. BLM/RS/ST-96/002+1730. Denver, Colorado: Bureau of Land Management. Daubenmire, R.F. 1952. Forest Vegetation of Northern Idaho and Adjacent Washington,and Its Bearing on Concepts of Vegetation Classification.Ecological Monographs 26:131-154. ---. 1959. Canopy Coverage Method of Vegetation Analysis.Northwest Science 33:39-64. De Stefano,A., B. Fowers,and B.A. Mealor. 2021. Comparison of visual estimation and line-point intercept vegetation survey methods on annual grass—invaded rangelands of Wyoming. Invasive Plant Science and Management 14:240-252. Available at: https://bioone.org/journals/invasive- plant-science-and-management/volume-14/issue-4/inp.2021.3 6/Comparison-of-visual- estimation-and-line-point-intercept-vegetation-survey/10.1017/inp.2021.36.full.Accessed June 9, 2023. B-11 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,85 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO This page intentionally left blank. B-12 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,86 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO APPENDIX C Project Final Development Plan RECEPTION#20250003100, 1/24/2025 11:58:52 AM,87 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO oaawN ev Y zM,� 0 A Z -/ - -------------- AP, ` Ads I l i A � I O �.A O I I P I � I / I yAD e - CO pn o m A RUDOLPH FARM A 0 o m A =o`" ' INFRASTRUCTURE FINAL DEVELOPMENT PLAN(FDP) 1>1>1>>`� n 0 0�� off wns,w — Em �A m o 0 0 8 Zui RECEPTION#20250003100, 1/24/2025 11:58:52 AM,88 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO APPENDIX D Wildlife Management Plan RECEPTION#20250003100, 1/24/2025 11:58:52 AM,89 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO f . PREPARED FOR Pacific North Enterprises, LLC RECEPTION#20250003100, 1/24/2025 11:58:52 AM,90 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO RUDOLPH FARM DEVELOPMENT PROJECT WILDLIFE MANAGEMENT PLAN Prepared for Pacific North Enterprises, LLC 900 Castleton Road, Suite 118 Castle Rock, Colorado 80109 Prepared by SWCA Environmental Consultants 295 Interlocken Boulevard, Suite 300 Broomfield, Colorado 80021 (303) 487-1183 www.swca.com SWCA Project No. 81702 January 2024 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,91 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Rudolph Farm Development Project WIldlife Management Plan CONTENTS 1 Purpose..................................................................................................................................................1 2 Regulatory Considerations..................................................................................................................1 2.1 Federal.......................................................................................................................................... 1 2.1.1 Endangered Species Act..................................................................................................... 1 2.1.2 Migratory Bird Treaty Act.................................................................................................. 1 2.1.3 Bald and Golden Eagle Protection Act...............................................................................2 2.2 State of Colorado..........................................................................................................................2 2.3 City of Fort Collins.......................................................................................................................2 3 Wildlife Management...........................................................................................................................2 3.1 Standards for Protection During Construction..............................................................................2 3.1.1 Migratory Birds and Raptors ..............................................................................................3 3.1.2 Prairie Dog Removal ..........................................................................................................4 4 Literature Cited....................................................................................................................................6 Appendices Appendix A. Prairic Dog Mitigation Plan Tables Table 1. Standards for Protection During Construction................................................................................3 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,92 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Rudolph Farm Development Project WIldlife Management Plan This page intentionally left blank. RECEPTION#20250003100, 1/24/2025 11:58:52 AM,93 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Rudolph Farm Development Project WIldlife Management Plan 1 PURPOSE The purpose of this Wildlife Management Plan for the Rudolph Farm Development Project(Project)is to meet City of Fort Collins requirements for development including approved protection and mitigation measures associated with the Project Final Development Plan(FDP) and Development Agreement(DA). This document outlines the approach, strategy, and protocol to avoid,minimize,and mitigate potential impacts to wildlife during Project construction activities. 2 REGULATORY CONSIDERATIONS The following sections provide an overview of the federal, state, and local rules and regulations specific to wildlife and the Project. 2.1 Federal 2.1.1 Endangered Species Act The federal Endangered Species Act(ESA)and its implementing regulations in 50 Code of Federal Regulations(CFR) 17,prohibits take of federal threatened or endangered species or subspecies listed by the U.S. Fish and Wildlife Service (USFWS)without prior approval under Section 7 or Section 10 of the ESA. A species is defined as endangered if it is at risk of extinction. A threatened species is one that is likely to become endangered within the foreseeable future. Designated candidate or proposed species for listing are species under evaluation for federal listing. Section 9 of the ESA covers and defines prohibited acts against federally listed species. The most notable prohibition is the "taking"of a listed species. "Taking"can include destruction of critical habitat, or actions that cause direct harm to the listed species, such as harassing,panning,pursuing,hunting, shooting,wounding,killing,trapping, capturing, collecting, or attempting to engage in such activities. Certain listed species are also granted additional protection, such as designated critical habitat,which require additional analysis and appropriate protections. 2.1.2 Migratory Bird Treaty Act The Migratory Bird Treaty Act(MBTA)prohibits incidental take of more than 1,000 species of native birds (50 CFR 10 and 21)and their parts,eggs, or nests. Take is defined by this regulation as to pursue, hunt, shoot,wound,kill,trap, capture, or collect, or attempt to pursue,hunt, shoot,wound,kill,trap, capture, or collect"(50 CFR 10.12). Relevant to construction and operations activities, destruction of inactive migratory bird nests (i.e.,those without viable eggs or nestlings) is not prohibited,provided that no possession occurs, and no permit or other regulatory authorization is required. Destruction or alteration of bird habitat that does not result in the direct taking of birds,nests, or eggs is also not prohibited by the MBTA. The legal and regulatory interpretations of the MBTA are currently aligned to prohibit incidental take consistent with judicial precedent. On October 4, 2021, the USFWS published Director's Order 225 clarifying its enforcement position. According to Director's Order 225, the USFWS's intention"through this policy is to apply a transparent and consistent approach to managing and prioritizing our enforcement of incidental take, taking into account the case law applicable in a given jurisdiction and the facts and circumstances of each case" (USFWS 2021). Colorado is in the loth federal district circuit court that has ruled that the MBTA does prohibit incidental take. 1 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,94 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Rudolph Farm Development Project WIldlife Management Plan Therefore, construction and operation of the Project will be subject to MBTA compliance prohibiting incidental take. An MBTA violation can result in fines or imprisonment, or both; however, the USFWS typically focuses its enforcement resources on project proponents that fail to identify and implement appropriate and practicable mitigation measures that avoid bird injury or mortality. 2.1.3 Bald and Golden Eagle Protection Act The Bald and Golden Eagle Protection Act(BGEPA)provides additional protection to eagles from disturbance. Disturbance means to agitate or bother a bald eagle (Haliaeetus leucocephalus) or golden eagle (Aquila chrysaetos)to a degree that causes, or is likely to cause,injury to an eagle or a decrease in its productivity, including nest abandonment,by substantially interfering with normal breeding,feeding, or sheltering behavior. 2.2 State of Colorado It is unlawfiil to "take,possess,transport, export,process, sell or offer for sale, or ship"any species listed as threatened or endangered by Colorado Parks and Wildlife (CPW)under Colorado Revised Statute (CRS) 33-2-105. According to CRS 33-1-102, "take"means to acquire possession of wildlife,but such term shall not include the accidental wounding or killing of wildlife by a motor vehicle,vessel, or train. 2.3 City of Fort Collins The City of Fort Collins (City) Land Use Code (LUC)regulates private land development and governs major construction and improvement projects (parking lots,buildings, or other facilities) on natural areas within the city limits. Article 3, Section 3.4.1, of the LUC applies specifically to Natural Habitats and Features. 3 WILDLIFE MANAGEMENT The Project is located on private lands and has been designed in accordance with the City LUC. The following measures were identified during the Project planning phase to avoid,minimize, and mitigate potential impacts to wildlife during Project constriction activities. 3.1 Standards for Protection During Construction To ensure protection of natural habitats and features,the Developer, and the constriction contractor(s) will adhere to the City LUC, specifically the standards for protection during constriction(Section 3.4.1(N)) and provided in Table 1 below. 2 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,95 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Rudolph Farm Development Project WIldlife Management Plan Table 1. Standards for Protection During Construction Measure Description Limits of Development Prior to construction,the Developer and the construction contractor(s)will install barrier fencing(orange construction fence)along the limits of development(LOD)and along the established NHBZ buffers(Boxelder Creek, Lake Canal,and the Cache la Poudre Inlet Ditch). Barrier fencing will be used to establish the boundary of the Project outside of which no land disturbance activities will occur during the construction.The purpose of the LOD will be to protect natural habitats and features and their associated buffer zones from inadvertent damage during site construction activities.The LOD will also be designed to accommodate the practical needs of approved construction activity in terms of ingress and egress to the Project and necessary staging and operational areas. Designation The LOD is shown in the final FDP. LODs will be designated in the field prior to commencement of excavation,grading,or construction with fencing or other methods previously approved by the Director. Barrier Fencing Construction barrier fencing will be provided at the LOD during construction. For the protection of natural habitats and features,including but not limited to existing trees that are to be undisturbed,within NHBZ buffer zones. Construction Timing Construction will be organized and timed to minimize the disturbance of Sensitive or Specially Valued Species occupying or using on-site and adjacent natural habitats or features. Red-tailed and Swainson's Hawk Nest Sites See Section 3.1.1 Prairie Dog Removal See Section 3.1.2 3.1.1 Migratory Birds and Raptors These measures will be implemented by the Developer to avoid and minimize disturbance to nesting, wintering, and resident migratory birds and raptors that may utilize the Project site during construction. Migratory Birds: The best way to avoid impacts on the nesting efforts of migratory birds is to focus construction activities outside of the breeding season. For many species that nesting season would be within the time frame of February 1 to July 31.No trees shall be removed during this timeframe without a professional ecologist or wildlife biologist completing a nesting survey to identify any active nests existing on the Project site. The survey results must be sent to the City Environmental Planner. If an active nest is identified,the City will coordinate with relevant federal and state representatives to determine whether additional restrictions on tree removal and construction apply. Raptors: An active raptor nest(RNO1)has been identified on the Project site (Figure 1). This nest is located in a large cottonwood tree (tree number 23 on FDP plan)) and has historically been used by a red- tailed hawk (Buteo jamaicensis). In accordance with the DA and the City LUC Section 3.4.1(N)(5)the Developer will implement the following measures specific to this active raptor nest: 1. No tree with an active nest will be removed unless a permit for such removal has been obtained by the Developer from the USFWS. 2. As shown in the FDP, the nest tree will be preserved/protected. Nest sites will not be removed within five (5)years of the last known nesting period. if the tree is damaged or removed, it will be mitigated in accordance with LUC Section 3.2.1, Landscaping and Tree Protection Standards. 3. Nest monitoring of the red-tailed hawk nest will be required from February 15 through July 15. Monitoring may consist of weekly site visits to determine nest status (active/non active). If the nest becomes active, a temporary limit of development(LOD) of a four-hundred-fifty-foot radius 3 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,96 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Rudolph Farm Development Project WIldlife Management Plan will be established around the red-tailed hawk nest for the first year.No construction activities will be permitted within this LOD until the nest is determined inactive or the young have successfully fledged. This determination must be made by a professional ecologist or wildlife biologist 3.1.2 Prairie Dog Removal The Developer has submitted a prairie dog mitigation plan for the Project(Appendix A). This plan documents compliance with City LUC Section 3.4.1(N)(6) including the selected prairie dog control method, consultation with CPW, confirmation that no threatened or endangered species were harmed during removal activities, and additional BMPs that will be used to ensure that prairie dogs will not re- inhabit the Project site. 4 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,97 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Rudolph Farm Development Project WIldfife Management Plan Z 2�'h �4 a 1�.......... 'N­ "g 5?1 'Z z" W, VM' S .",-V q w, Ir 7- iu R ;t 4a fa� bA: wx�7 U 1�777 AAi , Z' i ...........�2 Rapto,Buffer Zones C,ty f F�,t CUM—T� p.,.,y L I�f D,(uw­­(450-1—D fi,u, -ti— ud-l.il�d 1—k-ust(F�b,uu, 15 Ally RUDOLPHFARM StUdy An.. 0 A�fi­R.d-tal.d H.,k Nest Larim,County,C DEVELOPMENT PROJECT IJ�C�q 7�Q­dl,ng Red-tailed Hawk High­ys F'ft C,11fins,CO,40105-El Ti—t,CO,TO,O�E8 Nest M.jc,,R..d, Z 68'V ""15 NAD 1983 UTIA 7 �13N N 1 6000 A Figure 1. Red-tailed Hawk Nest at the Rudolph Farm Development Project 5 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,98 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Rudolph Farm Development Project WIldlife Management Plan 4 LITERATURE CITED Colorado Parks and Wildlife (CPW). 2021.Recommendations to Avoid and Minimize Impacts to Wildlife fi^om Land Use Development in Colorado. Available at: https://cpw.state.co.us/Documents/Conservation-Resources/Energy-Mining/CPW HPH-Map- Layers.pdf. Accessed December 2023. U.S. Fish and Wildlife Service (USFWS). 2021. Director's Order No. 225. Available at: https://www.regulations.gov/docket/FWS-HQ-MB-2018-0090. Accessed December 2023. 6 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,99 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO APPENDIX A Prairie Dog Mitigation Plan RECEPTION#20250003100, 1/24/2025 11:58:52 AM,100 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO PREPARED FOR Pacific North Enterprises, LLC RECEPTION#20250003100, 1/24/2025 11:58:52 AM,101 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO PRAIRIE DOG MITIGATION PLAN FOR THE RUDOLPH FARM DEVELOPMENT PROJECT IN LARIMER COUNTY, COLORADO Prepared for Pacific North Enterprises, LLC 900 Castleton Road, Suite 118 Castle Rock, Colorado 80109 Attn: Bryan Byler SWCA Environmental Consultants 1063 West Horsetooth Road, Building B, Suite 200 Fort Collins, Colorado 80521 (970) 364-2632 www.swca.com January 2024 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,102 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Prairie Dog Mitigation Plan for the Proposed Rudolph Farm Development in Larimer County, Colorado CONTENTS 1 Introduction..........................................................................................................................................I 1.1 Project Area.................................................................................................................................. 1 2 Mitigation Measures.............................................................................................................................1 3 Prairie Dog Removal Options..............................................................................................................3 3.1 Non-Lethal....................................................................................................................................3 3.2 Lethal............................................................................................................................................4 4 Presence of Threatened and Endangered Species.............................................................................5 5 Best Management Practices to Prevent Recolonization....................................................................5 6 Selected Prairie Dog Control...............................................................................................................5 7 Literature Cited....................................................................................................................................6 Appendices Appendix A. Colorado Parks and Widlife Consultation Letter Appendix B. Burrowing Owl Survey Results Appendix C. Prairie Dog Donation Report Figures Figure 1. Field-delineated prairie dog colonies within the proposed Rudolph Farm development..............2 Tables Table 1. Prairie Dog Relocation Outreach for the Rudolph Farms Development Project............................3 Table 2. Cost-Estimates for Lethal Prairie Dog Removal Services..............................................................4 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,103 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Prairie Dog Mitigation Plan for the Proposed Rudolph Farm Development in Latimer County, Colorado This page intentionally left blank. RECEPTION#20250003100, 1/24/2025 11:58:52 AM,104 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Prairie Dog Mitigation Plan for the Proposed Rudolph Farm Development in Larimer County, Colorado 1 INTRODUCTION On behalf of Pacific North Enterprises, LLC(Developer), SWCA Environmental Consultants (SWCA) has prepared this prairie dog mitigation plan for the Rudolph Farm Development Project in Larimer County, Colorado (Project). In February 2017,the City of Fort Collins (City) adopted updated requirements related to prairie dog protection and management(Ordinance Number 021, 2017). Additionally,the City Land Use Code Section 3.4.1 (A)(2)0)now specifies that prairie dog colonies equal to or greater than 1 acre in size warrant protection or mitigation as part of the development review process. In March 2022, SWCA completed an ecological characterization study for the Project that identified three active black-tailed prairie dog (Cynomys ludovicianus) colonies (PDO1, PD02, and PD03) totaling 5.19 acres within the proposed development area(Figure 1). The purpose of this prairie dog mitigation plan is to identify mitigation measures,potential removal options (non-lethal vs. lethal),presence of threatened and endangered species,best management practices to reduce the likelihood of recolonization, and provide documentation for compliance of the City Land Use Code Section 3.4.1 (N )(6). 1 .1 Project Area The Project is located on the northeast corner of Prospect Road and Interstate 25 (1-25) and entirely within Section 15, Township 7 North, Range 68 West. It will be bordered by Fox Grove residential development to the north,the Kitchell subdivision and the Timnath Middle/High School to the east, Prospect Road to the south,and 1-25 to the west. Based on the preliminary development plans submitted to the City,the Project will consist of mixed-use development that will include residential, commercial, and retail infrastructure on approximately 83 acres of currently undeveloped land(Project area). 2 MITIGATION MEASURES SWCA recorded three active prairie dog colonies (PDO1, PD02, and PD03)within the proposed limits of disturbance. PDO1 and PD02 are greater than 1 acre in size (1.24 acres and 3.72 acres,respectively); therefore, City natural resource protection standards will apply. The Developer intends to remove the prairie dogs prior to construction and mitigate for their lost ecological value. Mitigation options may include 1) on-site habitat enhancements (for other species), 2) off-site habitat enhancement(for prairie dogs or other species), 3)payment-in-lieu, 4)trap and donation of prairie dogs (raptor or ferret recovery programs), 5) passive relocation(adjacent property), and 6) active relocation. All habitat enhancements will be required to be mitigated at a 1:1 ratio. Based on initial research,both active and passive relocation efforts do not seem like viable mitigation options. As part of the development review process,the Developer will coordinate with and obtain approval from the City environmental planner regarding the selected mitigation option. PD03 is less than 1 acre in size (0.23 acre);therefore,the Developer will remove the prairie dogs prior to construction and no mitigation is required. Additionally, PD03 has been significantly altered due to the demolition of the old Frontage Road by the Colorado Department of Transportation. Reclamation has occurred and the site has since been temporarily stabilized via straw mulch. 1 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,105 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Prairie Dog Mitigation Plan for the Proposed Rudolph Farm Development in Larimer County, Colorado i, z d4 Y 6' k, 7 as f. M .: s ©0 / e 9. - , ,'• ,f f � e . .� 4 f l S y f x •-E z x' f, Report ID Acreage PD01 1.243 PD02 3.723 ^ PD03 0.229 RUDOLPH FARMS „., g H y hwa Latimer County,CO OFVFLOPMFNT PROJFCT USGS 7.5 Quadrangle: r.e a Delineated Prairie Roadway Furtcolans,CO,401o5-e 1Jl��lfljf-�', mno,401 Dog Colonies Delineated Zs o 15 ry17A3UTNI7o N Prairie Dog 0 504 n 104-99e6 -W Colony Proposed .a,aoo Development Area Figure 1. Field-delineated prairie dog colonies within the proposed Rudolph Farm development 2 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,106 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Prairie Dog Mitigation Plan for the Proposed Rudolph Farm Development in Larimer County, Colorado 3 PRAIRIE DOG REMOVAL OPTIONS The City has requested that prior to the commencement of grading or other construction within the proposed development, prairie dogs should be relocated or eradicated using methods reviewed and approved by Colorado Parks and Wildlife (CPW). SWCA initiated site-specific CPW consultation regarding prairie dogs on December 9, 2022, and received a response on February 7, 2023 (Appendix A). 3.1 Non-Lethal Non-lethal methods for managing prairie dog colonies are limited. Relocating live prairie dogs is often difficult due to a lack of available release sites.Nonprofit conservation and public interest groups and state and county agencies were contacted to find receiving sites for the prairie dogs present on the property. Due to the Project being in the planning stages and the potential political complications, Project- specific information was omitted from all communication.No organizations were able to provide local receiving sites for the prairie dogs. Table 1 summarizes these efforts. Table 1. Prairie Dog Relocation Outreach for the Rudolph Farms Development Project Organization Representative Date and Time of Discussion Response Prairie Protection Deanna Meyer— November 23,2022,at 3:46 p.m. Deanna Meyer did not know of a place in Larimar, Colorado Executive (MT) but she stated that next summer there is land Director available in Pueblo that is already approved for relocations by the commissioners. Larimer County— N/A November 28,2022,at 1:26 p.m. Kirk Longstein indicated Larimer County is no Open Space and (MT) longer accepting prairie dogs. Natural Resources City of Fort N/A November 28,2022,at 1:26 p.m. Kirk Longstein requested we reach out to CPW. Collins—Natural (MT) Areas CPW Ashlynn December 9,2022,at 9:08 a.m. Ashlynn stated that CPW does not itself directly Rhoades—Area (MT) participate in or provide on-site management of Wildlife Manager relocation processes. Prairie Dog Katie Schneider— November 21,2022,at 3:19 a.m. Katie Schneider was not aware of any private Coalition Program (MT) receiving sites at the time of the discussion,but Coordinator she did say that The Pueblo Chemical Depot (facilitated with Colorado State University Pueblo) is receiving prairie dogs on an ongoing basis and has special permissions to receive prairie dogs from other counties. Note:N/A=not applicable. Another potential option for prairie dog management for the Project is to transport and relocate live prairie dogs to a raptor rehabilitation center(Rocky Mountain Raptor Program,https://www.nnW.or?/) or the U.S. Fish and Wildlife National Black-Footed Ferret Conservation Center ( s:Hfws.gov/office/national-black-footed-ferret-conservation-center). A CPW permit is required for both of these non-lethal methods. Additionally,the Developer will coordinate with the local district wildlife manager,and the following conditions will be met: • The Developer will obtain landowner permission to capture prairie dogs from the site and will ensure that trapping/relocation efforts do not result in negative impacts to threatened and endangered species. 3 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,107 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Prairie Dog Mitigation Plan for the Proposed Rudolph Farm Development in Larimer County, Colorado • The Developer will obtain permission from the landowners of the proposed release site. • Relocation activities may only occur during appropriate times of the year, outside the breeding and birthing seasons (March—April). • The release site will meet minimum habitat suitability requirements for the species (site size, vegetation, slope, and soil type). • Any proposal to capture prairie dogs in one county and release them in a different county, will require approval of the receiving county board of county commissioners. • Prior to approval of the application, CPW will review and consider both the biological and social impacts of the proposed relocation. • The Developer will prepare a detailed plan that documents relocation activities and submit it to the City. • A final report will be submitted to the City after relocation activities are complete. 3.2 Lethal If none of the contacted organizations or private landowners can provide a receiving site,then the Developer will contract a licensed professional exterminator to fumigate prairie dogs on-site using the most humane method available. On behalf of the Developer, SWCA has obtained three cost-estimates for these eradication services (Table 2). Table 2. Cost-Estimates for Lethal Prairie Dog Removal Services Entity Potential Methods Costs Per Burrow(approximate) Total Costs (approximate) Rocky Mountain Aluminum phosphide, Aluminum phosphide: Aluminum phosphide: Wildlife Services, Inc. carbon monoxide,or 1-500 burrows:$3.85 per burrow $3,602.50—$4,025.00 poison bait(Rozol or Kaput) 501-2,500 burrows:$3.50 per burrow • 2,501+burrows:$3.38 per burrow Carbon monoxide(machine rental included at Carbon monoxide: $305 per hour): $6,465.00—$8,562.50 • $7.50—$8.50 per burrow Poison bait: Poison bait: • Per burrow cost not provided $1,396.00—$1,803.00 Prairie Dog Pros, LLC Aluminum phosphide Aluminum phosphide: Aluminum phosphide: or poison bait(Rozol $3.00 per burrow $3,300 or Kaput) • Poison bait: Poison bait: • $1.95 per burrow $2,270 Animal and Pest Trap and donate, N/A Trap and donate: Control Specialists, carbon monoxide $11,900 Inc Carbon monoxide is the most humane and quickest acting method, followed by aluminum phosphide. Poison bait is far less humane and may pose the greatest threat to non-target species. To account for lost ecological value,the City has a mitigation fee for eradication of prairie dogs. This fee is $1,795 per acre if Carbon monoxide is used and $2,09.5 per acre for other less humane methods. 4 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,108 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Prairie Dog Mitigation Plan for the Proposed Rudolph Farm Development in Larimer County, Colorado No CPW permit will be required for prairie dogs that are euthanized on-site and donated to a wildlife rehabilitation facility; however, a dead black-tailed prairie dog donation report form must be submitted within 5 business days of the donation. Any donation of euthanized prairie dogs to the Rocky Mountain Raptor Program,must comply with the following conditions 1)no recent application of Delta Dust(to treat plague),2)prairie dogs must be live-trapped and euthanized by Carbon monoxide, 3)prairie dogs must be placed in bags, labeled, and frozen prior to acceptance. There currently is no limit to the amount of prairie dogs that can be donated. 4 PRESENCE OF THREATENED AND ENDANGERED SPECIES Prairie dog colonies can provide habitat for federally and state-listed threatened and endangered species, including the black-footed ferret(Mustela nigripes; federally endangered)and burrowing owl (Athene cunicularia; state threatened). The black-footed ferret depends exclusively on prairie dog burrows for shelter, and prairie dogs comprise more than 90%of the ferret's diet. In Larimer County the species has been successfully reintroduced within the Soapstone Prairie Natural area and Meadow Springs Ranch (both managed by the City) (CPW 2023). There are no other documented populations in Larimer County. Additionally, due to the urban location and the size of the identified prairie dog colonies (less than 80 acres),black-footed ferrets are not likely to be present.No surveys are recommended at this time. In Colorado,the burrowing owl is a migratory species and is typically found in prairie dog towns from late March through October(CPW 2021).No burrowing owls are expected to be present in Colorado between November 1 and March 14. SWCA completed a burrowing owl survey prior to the eradication of prairie dogs from the site (Appendix B). The results of the survey were submitted to the City on June 21, 2023, and prior to prairie dog removal activities. 5 BEST MANAGEMENT PRACTICES TO PREVENT RECOLONIZATION A barrier fence will be installed to limit movement and minimize the likelihood of recolonization. Barriers are usually constructed from a woven plastic or geotextile material. The use of visual barriers can be limited due to high construction and maintenance cost(Andelt and Hopper 2016). Prairie dog movement is greatest between mid-May though late October. This dispersal typically consists of yearling prairie dogs expanding colonies and starting new ones. To assess whether prairie dog removal activities are successful, a prairie dog presence/absence survey will be conducted. The survey will take place after the final follow-up treatment or trapping effort and will be performed by a biologist with experience conducting prairie dog surveys in the state of Colorado. All burrows will be collapsed by the Developer once it is determined that all prairie dogs have been successfully removed. 6 SELECTED PRAIRIE DOG CONTROL A good faith effort to relocate the prairie dogs was made and relocation was infeasible;therefore,the Developer contracted Animal and Pest Control Specialists, Inc to trap and donate the prairie dogs within all three colonies to the raptor center. Prior to donation,the prairie dogs were euthanized using the most humane method available (carbon monoxide). A donation report was provided to CPW and is included in Appendix C. In total, 181 prairie dogs were trapped and donated from the Project. 5 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,109 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Prairie Dog Mitigation Plan for the Proposed Rudolph Farm Development in Latimer County, Colorado 7 LITERATURE CITED Andelt,W.F.,and S.N. Hopper. 2016.Managing Prairie Dogs: Fact Sheet No. 6.506. Available at: https://extension.colostate.edu/docs/pubs/natres/06506.pdf Accessed November 2022. Colorado Parks and Wildlife (CPW). Relocation Permits and Regulations. Available at: https://cpw.state.co.us/learn/Pages/SOC-Black-tailedPrairicDogPermits.aspx . Accessed December 2022. . 2023.Wildlife Species Map Application. Available at Colorado Parks &Wildlife -Wildlife Species Map Application(arcgis.com). Assessed January 2023. 2021. CPW Recommended Survey Protocol and Actions to Protect Nesting Burrowing Owls. Available at Recommended Survey Protocol and Actions to Protect Nesting Burrowing Owls (state.co.us). Assessed January 2023. 6 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,110 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO APPENDIX A Colorado Parks and Wildlife Consultation Letter RECEPTION#20250003100, 1/24/2025 11:58:52 AM,III of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO 295 Inter ocken Boulerord,Suite 30C Broomfield,Colorado 80021 X. Tel 303.487.11 K ENVIRONMENTAL CONSULTANTS 2.?� Sound Science.Creative Solutions.' December 9,2022 Ash Rhodes Colorado Parks and Wildlife District Wildlife Manager,Area 4 317 West Prospect Avenue Fort Collins,Colorado 80526 Re: Colorado Parks and Wildlife Agency Correspondence for the Rudolph Farm Development Project,Larimer County,Colorado Dear Mr. Rhodes: On behalf of Pacific North Enterprises,LLC, (Pacific North), SWCA Environmental Consultants (SWCA)is requesting comment from Colorado Parks and Wildlife (CPW) regarding the proposed Rudolph Farm Development Project(Project)in Larimer County, Colorado. Once received, CPW's comments will be used to minimize and mitigate impacts to wildlife and their habitats as the Project proceeds through the development review process with the City of Fort Collins (City)and into constriction. In May 2022, SWCA completed an ecological characterization study(ECS)for the Project in accordance with Section 3.4.1.D.1 of the City Land Use Code. The ECS was triggered due to the Project's proximity to Boxelder Creek, Lake Canal,and the Cache la Poudre Inlet Ditch,which are natural habitats and features defined by the City. The ECS has been provided as Attachment A for your review. PROJECT AREA DESCRIPTION The Project is located on the northeast corner of Prospect Road and interstate 25 (I-25) and entirely within Section 15,Township 7 North,Range 68 West. It will be bordered by the Fox Grove residential development to the north,the Kitchell subdivision and the Timnath Middle/High School to the east, Prospect Road to the south,and I-25 to the west. Based on the preliminary development plans submitted to the City,the Project will consist of mixed-use development that will include residential,commercial, and retail infrastructure on approximately 83 acres of currently undeveloped land (Project Area). THREATENED AND ENDANGERED SPECIES SWCA reviewed and analyzed the likelihood for federally listed and state-listed species with the potential to occur in the Project Area(Table 1). Details are provided in Attachment A. RECEPTION#20250003100, 1/24/2025 11:58:52 AM,112 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Table 1. Federally Listed and State-Listed Species for Larimer County and Their Potential to Occur in the Project Area Common Name Status" Potential to Occur (scientific name) Amphibians Boreal toad SE None.There is a lack of suitable habitat(i.e., riparian habitat in lodgepole (Anaxyrus boreas) pine or spruce-fir forests),and the Project Area is outside of the elevational range for the species. Birds Eastern black rail FT None.There is a lack of suitable habitat.This species is wetland- (Laterallus jamaicensis ssp.jamaicensis) dependent and requires a dense overhead cover and soils that are moist to saturated(occasionally dry)and interspersed with or adjacent to very shallow water. It is a rare migrant in Colorado and is known to occur in only five counties: Bent, Lincoln,Otero, Prowers,and Pueblo. Burrowing owl ST May occur. Prairie dog(Cynomys sp.)colonies capable of providing (Athene cunicularia) suitable habitat were identified in the Project Area. In Colorado, burrowing owls may use prairie dog colonies from March 15 to October 31. Piping plover FT None.There is a lack of suitable sandy or shortgrass habitat. It is a very (Charadrius melodus) rare migrant in northern Colorado.The Project is not anticipated to result in water depletions to the South Platte River. Whooping crane SE None.The Project Area is in the overall range for the species but lacks (Grus americana) suitable habitat requirements(e.g., mud flats,salt flats,and large wetland communities). Mammals Black-footed ferret ST None.The species is extirpated in eastern Colorado. (Mustela nigripes) Canada lynx FT None.There is a lack of suitable habitat(i.e.,dense subalpine forest and (Lynx canadensis) mountainous riparian areas),and the Project Area is outside of the elevational range of the species. Preble's meadow jumping mouse FT Low.The Project Area is in the overall range for the species but lacks (Zapus hudsonius preblei) suitable habitat requirements(e.g.,dominant vegetation type, habitat size, herbaceous vegetation height,and adequate percent ground cover). Existing land use consists of agricultural fields. No development is proposed in the Boxelder Creek riparian area. Wolverine SE None.There is a lack of suitable habitat(i.e., high alpine),and the (Gulo gulo) Project Area is outside of the elevational range of the species. Fish Greenback cutthroat trout FT None.There is a lack of suitable aquatic habitat.The species is found in (Oncorhynchus clarkii stomias) cold headwater streams with gravel substrates and mountain lakes. Pallid sturgeon FE None.There is a lack of suitable aquatic habitat.The Project is not (Scaphirhynchus albus) anticipated to result in water depletions to the South Platte River. RECEPTION#20250003100, 1/24/2025 11:58:52 AM,113 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Common Name Status* Potential to Occur (scientific name) Plants Ute ladies'-tresses FT None.The Project Area lacks suitable habitat in wet-mesic,temporarily (Spiranthes diluvialis) inundated meadow in shallow wetlands and loamy calcareous wetland soils with gley features.The existing land use is not conducive to suitable habitat. Western prairie fringed orchid FT None.There is a lack of suitable habitat such as moist tallgrass prairies (Platanthera praeclara) and sedge meadows.This species is known to occur in Colorado,but the Project is not anticipated to result in water depletions to the South Platte River. *FE=federally endangered;FT=federally threatened;SE=state endangered;ST=state threatened. SENSITIVE RESOURCES WITH THE POTENTIAL TO OCCUR WITHIN THE PROJECT AREA SWCA identified a red-tailed hawk (Buteo jamaicensis)nest and three black-tailed prairie dog (Cynomys ludovicianus)colonies within the Project Area during the March 2022 field survey. Due to the presence of these sensitive resources within the proposed development footprint,the City environmental planning staff has requested additional coordination with CPW, as follows: • Raptors: During the March 2022 field survey, one active red-tailed hawk nest was identified within the Project Area.' The nest tree consists of a large cottonwood tree (Populus deltoides) located between the Cache la Poudre Inlet Ditch and Lake Canal. Based on the preliminary site design,no impacts to the nest tree are expected;however,the two cottonwood trees located immediately to the west are proposed for removal due to a proposed road alignment. If construction is proposed within the raptor nesting season, Pacific North will conduct a preconstruction raptor nest survey to determine the status of the nest and confirm that no new nests have become established. If an active nest is identified, Pacific North will implement CPW's recommended nest buffer zones and seasonal restrictions.Z SWCA assumes this nest will be active during the 2023 nesting season and requests CPW's guidance to assess and develop site- specific recommendations for the nest based on the pre-existing conditions (i.e.,urban location, adjacent development, and species tolerance to disturbance)because the recommended buffers (CPW: 0.33 mile; City of Fort Collins: 450 feet)may provide a significant constraint to construction activities for 4 to 5 months per year. Additionally, Pacific North would like CPW concurrence that this nest may be removed from the tree outside of nesting season (February 15— July 15)to deter future use. • Prairie Dogs: Three active black-tailed prairie dog colonies were identified in the Project Area. The City has requested that prairie dogs be relocated or eradicated before grading or other construction commences using methods reviewed and approved by CPW. Pacific North is in the process of preparing a prairie dog mitigation plan to determine City mitigation options,potential removal options (non-lethal vs. lethal),the presence of threatened and endangered species, and best management practices to reduce the likelihood of recolonization. Additionally, Pacific North is aware that a permit will be required from CPW for transporting and relocating live prairie dogs SWCA Environmental Consultants.2022.Ecological Characterization Study for the Northeast Prospect and I-25 Mixed Use Development Project,Latimer County, Colorado.Broomfield,Colorado: SWCA Environmental Consultants. 2 Colorado Parks and Wildlife.2020.Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors.Available at https://cpw.state.co.us/Documents/WildlifeSpecies/LivingWithWildlife/Raptor-Buffer-Guidelines.pdf.Accessed November 2022. RECEPTION#20250003100, 1/24/2025 11:58:52 AM,114 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO off-site or transporting and donating live prairie dogs to a raptor rehabilitation center or the national black-footed ferret conservation center. No CPW permit will be required for prairie dogs that are euthanized on-site and donated to a wildlife rehabilitation facility;however, a dead black- tailed prairie dog donation report form will be submitted to CPW within 5 business days of the donation. It is SWCA's understanding that CPW does not itself directly participate in or provide on-site management of live relocation processes for prairie dogs. • Burrowing Owls: Prairie dog colonies identified within the Project Area may provide suitable habitat for the state threatened burrowing owl. Federal and state laws prohibit the harming or killing of burrowing owls and the destruction of active nests. It is possible to inadvertently kill burrowing owls during prairie dog poisoning projects, removal of prairie dogs,destruction of burrows and prairie dogs using a concussive device, or earth moving for construction. If Pacific North's contractor intends to actively poison prairie dogs or collapse burrows,these activities will be conducted during a time when burrowing owls are not present(November 1—March 14). If this schedule is not feasible,protocol-level burrowing owl surveys will be completed to confirm burrowing owl absence and minimize potential take. REQUEST FOR COMMENTS Please review the information provided in this letter and the attached ECS. At this time, SWCA formally requests CPW's comments. Should you require additional information,please contact me at your earliest convenience. Sincerely, Clint Hinebaugh Project Environmental Scientist Attachment A. Ecological Characterization Study for the Northeast Prospect and I-25 Mixed Use Development Project, Larimer County, Colorado RECEPTION#20250003100, 1/24/2025 11:58:52 AM,115 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO GO COLORADO Parks and Wildlife " Department of Natural Resources February 7, 2023 Clint Hinebaugh Project Environmental Scientist SWCA Environmental Consultants 1063 West Horsetooth Road, Building B, Suite 200 Fort Collins, Colorado, 80521 P 970.364.2632 1 C 661.714.6285 RE: CPW's comments on the proposed Rudolph Farms Development Project, Larimer County, Colorado. Dear Mr. Hinebaugh, Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to comment on the proposed Rudolph Farms project. It is our understanding that the Project will consist of mixed- use development, which will include residential, commercial, and retail infrastructure on approximately 83 acres of currently undeveloped land within the Project Area. The mission of CPW is to perpetuate the wildlife resources of the state, to provide a quality state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities that educate and inspire current and future generations to serve as active stewards of Colorado's natural resources. CPW has a statutory responsibility to manage all wildlife species in Colorado, and to promote a variety of recreational opportunities throughout Colorado. One way we achieve this goal is by responding to referral comment requests, as is the case for this project. CPW has the following comments and recommendations related to this Project: 1. The active red-tailed hawk nest identified by SWCA in a large cottonwood tree (Populus deltoides) located between the Cache la Poudre Inlet Ditch and Lake Canal: • There should be no surface occupancy (beyond that which historically occurred in the area) within '/3 mile radius of active nests. No permitted, authorized, or human encroachment activities within '/3 mile radius of active nests from February 15 through July 15. Some individuals of this species have adapted to urbanization and may exhibit a high tolerance to human habitation and activities within 100 yards of their nest. Development that encroaches on rural nest sites pF CO40 4 1876 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,116 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO is more likely to cause abandonment. Unoccupied nests may be removed outside of nesting season. 2. Three active black-tailed prairie dog colonies were identified in the Project Area. Prairie dogs have shown to be an important food source for eagles and other raptors, and colonies provide nesting cover for burrowing owls. As stated in the proposal letter, a prairie dog mitigation plan should be implemented and adhered to. If prairie dogs are to be eradicated, eradication efforts should be completed outside of burrowing owl nesting season (March 15 through August 31) as follows: • Although Burrowing Owls may not be actively nesting during this entire period, owls may be present at burrows up to a month before egg laying and several months after young have fledged. Therefore, it is recommended that efforts to eradicate prairie dogs or destroy abandoned towns not occur between March 15 and October 31 when owls may be present. Because nesting Burrowing Owls may not be easily visible, it is recommended that targeted surveys be implemented to determine if burrows are occupied. More detailed recommendations are available in a document entitled "Recommended Survey Protocol and Actions to Protect Nesting Burrowing Owls," which is available from the CPW. 3. Development setbacks from riparian and wetland areas along Boxelder Creek should be developed in accordance with City and County permitting guidelines. Also, construction should avoid stream crossings. If stream crossings are necessary, either short term during construction or long-term, they should be constructed in such a way to not impede aquatic organism passage. On behalf of Colorado Parks and Wildlife, I would like to thank you for the opportunity to review and comment on this proposal. If you have any questions, please feel free to contact District Wildlife Manager Ashlynn Rhodes at 970-342-1363. Sincerely, Jason Surface Area Wildlife Manager- Area 4, Fort Collins Cc: Ashlynn Rhodes, Angelique Curtis, Mike Sherman, Boyd Wright RECEPTION#20250003100, 1/24/2025 11:58:52 AM,117 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO APPENDIX B Burrowing Owl Survey Results RECEPTION#20250003100, 1/24/2025 11:58:52 AM,118 of 127,5643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO 295 Interlocken Boulevard,Suite 300 Broomfield,Colorado 50021 Tel 303.457.1 183 ENVIRONMENTAL CONSULTANTS 2r98 Sound Science.Creative Solutions.' TECHNICAL MEMORANDUM To: Kirk Longstein, AICP Senior Environmental Planner, City of Fort Collins 281 North College Avenue Fort Collins, Colorado 80524 From: Clint Hinebaugh, Natural Resource Team Lead Date: June 21, 2023 Re: Results of the Burrowing Owl Surveys Conducted for the Rudolph Farm Development Project Larimer County, Colorado On behalf of Pacific North Enterprises,LLC, SWCA Environmental Consultants(SWCA)conducted field surveys to determine the presence of active burrowing owl(Athene cunicularia)nests prior to prairie dog control activities associated with the Rudolph Farm Project(Project)in Larimer County, Colorado. The Project site is approximately 83 acres of undeveloped land located adjacent to residential developments to the north and a local school to the east.The Project is located on the northeast comer of Prospect Road and Interstate 25 and lies entirely within Section 15, Township 7 North,Range 68 West. INTRODUCTION The burrowing owl is a state-listed threatened species protected by Colorado statute and the federal Migratory Bird Treaty Act.This migratory bird species is typically found in black-tailed prairie dog (Cynomys ludovicianus)towns from late March through October. Colorado Parks and Wildlife(CPW) recommends adherence to their survey protocol and protective actions to detenmine burrowing owl presence prior to any prairie dog control activities,destruction of burrows,or ground-disturbing activities within 400 meters of prairie dog colonies between March 15 and October 30.1 Three active prairie dog colonies capable of providing suitable habitat for the burrowing owl were previously recorded in the southern portion of the Project area(PDO1,PD02,and PD03). In Mav and June 2023, SWCA biologists conducted protocol-level burrowing owl surveys within the previously identified colonies to determine presence or absence during the seasonal timing window when owls may be present. The locations of these colonies and their relation to the Project area are shown in Figure 1,and photographs of the prairie dog colonies are provided in Appendix A. t Colorado Parks and Wildlife(CPW).2020.Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors. Available at:https://cpw.state.co.us/Documents/WildlifeSpecies/LivingWithWildlife/Raptor-Buffer- Guidelines.pdf#search—seasonal%20restrictions.Accessed June 19,2023. RECEPTION#20250003100, 1/24/2025 11:58:52 AM,119 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Results of the Burrowing Owl Surveys Conducted for the Rudolph Farm Development Project, Larimer County, Colorado METHODS Following CPW recommended protocols,' burrowing owl surveys were conducted during the mornings of May 26 and June 2 and 16, 2023. The duration of time between the June 2 and 16 surveys was to account for weather delays for the prairie dog control contractor. During each survey, the SWCA biologists used binoculars to survey each colonv for burrowing owl activity. The surveys consisted of a passive observation method and used both visual and auditors- senses to detect burrowing owls. Additionally, a call-broadcast survey was completed on June 16, 2023. The project area is relatively flat.therefore, survey points were established at each colonv that allowed a clear view of the colony in its entirety. The SWCA biologist recorded observations for a minimum of 10 minutes per survey point. No individual burrowing owls or expected nesting was observed during the survey. During each survey, the weather ranged from partly to mostly cloudy, with temperatures ranging from approximately 52 to 60 degrees Fahrenheit (°F). Wind conditions during the three surveys were relatively calm, and it was determined that weather conditions did not impact SWCA's ability to detect burrowing owls. RESULTS SWCA completed the first survey the morning of Friday, May 26, 2023. The weather conditions at the time of the survev were mostly cloudy and mild (approximately 52°F), and winds were 0 miles per hour (mph) during the survev. No burrowing owl individuals or sign of owls were observed during this survev. The SWCA biologist approached and inspected the prairie dog colonies, including areas within 400 meters of planned work and observed no visual evidence (e.g., feathers, vyhitewash, food debris) that would suggest the burrows were actively used by burrowing owls. The second burrowing owl survev was completed the morning of Friday, June 2, 2023. The weather during the survev was partly cloudy, with temperatures of approximately 54'F and wind speed of 1 mph. No burrowing owl individuals or sign of owls were observed at or on any burrows during this survey. The third survev was completed on Friday, June 16, 2023. The weather conditions at the time of the survev were clear, with temperatures of approximately 57°F. Winds were 3 mph out of the south- southwest. No burrowing owl individuals or sign of owls were observed at or on any burrows during this survev. The survey data is included below in Table 1. Table 1. Burrowing Owl Survey Data for the Rudolph Farm Project Survey Date Surveyor Time Start Time End Weather Results 5/26/2023 E. Youngberg 5:45 AM 7:15 AM 52°F;Wind 0 mph No burrowing owls observed. 6/2/2023 E.Youngberg 7:30 AM 8:15 AM 54oF;Wind 1 mph No burrowing owls observed. 6/16/2023 C. Hinebaugh 7:20 AM 8:00 AM 57'F;Wind 3 mph No burrowing owls observed. The survey was completed within 48 hours of prairie dog control. '-Colorado Parks and Wildlife(CPW). 2021.Recommended Surn,ey,Protocol and,-fictions to ProtectVesting Burros-ving Owls. Available at: https://cpw.state.co.us/Documents/WildlifcSpccics/LivingWitliWildlife/Reconunendcd-Survey-Protocol- Burrowing-Owls.pdf.Accessed June 19.2023. 2 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,120 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Results of the Burrowing Owl Surveys Conducted for the Rudolph Farm Development Project, Larimer County, Colorado l Y w . h a 6 .. �: .0..:`. � �.1;.� •ram^«--' k a4 w.:.u� _.. , rPROSPECT RD:' =p 0 025 t: Report ID Acreage rilt PD01 1,243 PD02 3.723 r f+ PD03 0.229 dt{ } F RUDOLPH FARMS Highway La,i•n�.�County,CO -' DEVELOPMENT PROJECT l;5[�ti TS Qi d,�q' : ®., Delineated Prairie Roadway F:,,;,n• ,CO,4o,n,-n CO,4010448 Dog Colonies Nnn 5 s Ar Delineated ,ll3t.T 17 ;N •r Prairie Dog o. ,:w'n-%4_9 Wo ', Colony Proposed 1iiD°n �]Development Area Figure 1. Burrowing owl survey areas for the Rudolph Farm Project site. 3 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,121 of 127,S643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Results of the Burrowing Owl Surveys Conducted for the Rudolph Farm Development Project, Larimer County, Colorado SUMMARY AND RECOMMENDATIONS Burrowing owls were not observed within the Project area. Based on the results of the survevs and guidance provided by CPW, SWCA concludes that prairie dog control activities do not have the potential to impact nesting burrowing owls during the 2023 breeding season. SWCA notified the CPW Area Wildlife Manager(Jason Surface) on June 16, 2023, regarding the results of these surveys and to provide notification that prairie dog control activities were scheduled to kick-off on June 19, 2023. Although not required. this notification was made due to potential public calls regarding the prairie dog control activities. 4 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,122 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO APPENDIX A Photographs RECEPTION#20250003100, 1/24/2025 11:58:52 AM,123 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO " h ® # t r Photograph A-1. Prairie dog activity (PD03), view facing north along the old Frontage Road. a y� y a=.�5 r , Photograph A-2. Large prairie dog colony (PD02), view facing east. A-1 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,124 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO ` as. af3�,ffi.�:•,g d"�, 'r�£!� air,.;�r}- 3. #.. _ a Fa. Photograph A-3. Large prairie dog colony (PD02), view facing southeast. g Photograph A-4. Prairie dog colony (PD03), view facing west. A-2 RECEPTION#20250003100, 1/24/2025 11:58:52 AM,125 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO APPENDIX C Prairie Dog Donation Report RECEPTION#20250003100, 1/24/2025 11:58:52 AM,126 of 127,$643.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO O O O o O '3 �' ✓? `� m rn rn rn m C7 > > O O O O O •-v N N fV N N C ; S /1 N N N N d SZ Q d 0 C Y.1J _ D c a 0 0 0 0 0 z �- U. �- c� 0 0 0 0 o 0 0 0 0(n (n /}�Cn Cn () ♦V 90 G = 0 O 0 0 0 lT1 l CD a a — cn o O x a u 0 o O O CrJ _ ^ -n TI T G C) n y S O _ CD 3 Q 3 3 vCD .. 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