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HomeMy WebLinkAbout2001-094-07/17/2001-ADOPTING A POLICY FOR THE REVIEW AND APPROVAL OF EASEMENTS ON CITY NATURAL AREAS AND OPEN LANDS RESOLUTION 2001-94 OF THE COUNCIL OF THE CITY OF FORT COLLINS ESTABLISHING A POLICY FOR THE REVIEW AND APPROVAL OF EASEMENTS ON CITY NATURAL AREAS AND OPEN LANDS WHEREAS,the City of Fort Collins(the"City")has acquired and designated natural areas and open space properties for the benefit of the citizens of the City,pursuant to Section 25-72(a) of the City Code, as the same has from time to time been modified or supplemented, pursuant to that portion of Larimer County's open spaces sales tax collections attributable to and distributed to the City in accordance with the provisions of that sales tax provision, and pursuant to the terms and conditions of various other dedications, grants and donations of funding for that purpose; and WHEREAS, the City is responsible for managing its natural areas and open lands in a manner that protects the natural features and functions for which those properties were acquired;and WHEREAS, the City from time to time receives requests for easements and other encroachments on City natural area and open space properties,which requests are typically reviewed by City Natural Resources Department staff,the Natural Resources Advisory Board,and such other interested City staff or advisory boards or commissions as may be appropriate given the specific circumstances,and are then presented to the City Council for approval pursuant to City Code Section 23-111; and WHEREAS, as the City has acquired more natural areas and open lands properties, and as development pressure in the Fort Collins area has continued to increase,the number and frequency of requests for such easements and encroachments has steadily increased, and will likely continue to increase; and WHEREAS, in an effort to document a standardized method of processing and evaluating such requests for easements and encroachments,Natural Resources Department staff has developed a policy outlining the various requirements, considerations and standards that will serve as a guideline in the future processing of such requests, which policy is attached hereto as Exhibit"A" and incorporated herein by this reference (the "Natural Areas and Open Space Easement Policy"); and WHEREAS, the City Council has reviewed the Natural Areas and Open Space Easement Policy,and believes that the adoption and implementation of said policy will be beneficial to those parties seeking easements and encroachments on natural area and open space property and to members of the general public with an interest in the protection of those properties,and will facilitate the effective and efficient processing of requested easements and encumbrances; and WHEREAS,for the foregoing reasons,the City Council wishes to approve the Natural Areas and Open Space Easement Policy in order to assist staff to identify situations in which the grant of easements and encroachments on City natural area and open space properties will be appropriate and to assist in the development of conditions and requirements for such grants. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Manager, through the Natural Resources Department, shall receive,review and present for Council consideration all requests for easements on City properties acquired with funds dedicated to the acquisition of natural area and open space property, or otherwise managed and operated by the City as a City Natural Area as defined in Section 23-192 of the Code of the City of Fort Collins,in accordance with the Easement Policy for City of Fort Collins Natural Areas and Open Lands,which Easement Policy is hereby approved and adopted by the City Council. Section 2. That the City Manager is hereby directed to further review this policy, to conduct additional public outreach to affected parties including, but not limited to, all utility providers that may be affected by the policy, and to provide to the City Council, no later than January 31, 2002, a report summarizing the results of that public outreach, together with any recommended reasonable changes to the policy that the City Manager believes may be in the best interest of the City. Passed and adopted at a regular meeting of the City Council heldAis 17th day of July,A.D. 2001. Mayor ATTEST: City Clerk EXHIBIT "A" CITY OF FORT COLLINS NATURAL AREAS AND OPEN LANDS EASEMENT POLICY Adopted by Resolution 2001 -- July 17, 2001 PURPOSE: The purpose of this policy statement is to clarify the policies and procedures of the City of Fort Collins with respect to requests for easements or rights-of-way that affect publicly owned Natural Areas or Open Lands that are managed by the Natural Resources Department, Community Planning and Environmental Services. The policy does not apply to requests for easements or rights-of-way on or across other lands owned by the City of Fort Collins. APPLICABILITY: The policy applies to requests for new easements or rights-of-way for a wide variety of purposes, including without limitation, streets, water, sewer, drainage, flood control, electric power,and telecommunications facilities. The policy applies to projects of the City of Fort Collins as well as those proposed by other public entities, for example special Utility Districts, and private parties. The policy does not apply to trails, parking lots, interpretive features or other facilities that are proposed as part of the management of the public natural area. GENERAL POLICY: The natural areas and other open lands addressed by these policies were acquired by the City of Fort Collins with dedicated funds from sales taxes that were approved by the voters of Fort Collins or Larimer County for the specific purpose of protecting natural areas and open lands. These lands are part of the fabric of the Fort Collins community, and are viewed as a type of"community facility" intended to meet specific community goals. For natural areas, the goal is to "preserve and protect natural areas within Fort Collins and the Community Growth Management Area to provide habitat essential to the conservation of plants, animals, and their associated ecosystems and to enrich the lives of citizens by providing opportunities for education, scientific research, nature interpretation, art,fishing, wildlife observation, hiking and other activities." For other types of open lands, e.g., agricultural areas, lands are protected to shape the physical structure of the community: These lands "provide the community with a well- defined edge, establish community separators, direct growth, and preserve rural character." 1 Requests for easements or rights-of-way that affect natural areas or open lands must be considered within this context. Accordingly, the general policy is to avoid, to the maximum extent feasible, granting easements or rights-of-way for activities that will adversely affect the use of the land for meeting the community's goals for natural area protection or community shaping. Where easements or rights-of-way are permitted by ordinance of the City Council, the general policy is, to the maximum extent feasible to minimize the impact on the natural area or the community by limiting the size and visibility of the area affected, managing construction or other human activities with respect to their timing, duration, and frequency of occurrence, and restoring affected areas to a condition that is equal to or better than the condition at the time the easement is granted. Because the natural areas and other open lands owned by the City of Fort Collins occur within an urban context, it is recognized that requests for easements and rights-of-way will be forthcoming in order to allow for the orderly development of the community in accordance with the adopted Comprehensive Plan. Individual requests will be evaluated in accordance with both the general policy and with the specific policies listed in following sections. SPECIFIC TYPES OF FACILITIES: Public Streets. New highways, roads, or streets will not be allowed within City-owned natural areas or open lands, except for those specifically identified in the adopted City of Fort Collins Master Street Plan or comparable Master Transportation Plan adopted by the appropriate governing body in cases where the natural area or open land is located outside of the City of Fort Collins. Widening or other street improvement projects on existing streets within natural areas or open lands will be allowed, consistent with the City of Fort Collins Master Street Plan or comparable adopted Master Transportation Plan. The alignment and design of any highway, road, or street improvement will be planned to avoid or minimize the effect on the natural area or open land. Private Streets or Other Private Access. Requests by private parties for private streets or access easements to cross natural areas or open lands in order to gain access to a private parcel of land will not be considered unless crossing the natural area is the only feasible means of providing access to a legal parcel of land. Overhead Electric Power, Telephone, or Cable Lines. New overhead cable lines will not be allowed within any city-owned natural area or open land. Replacement of existing overhead cables with underground cables will generally be encouraged unless the installation of underground lines will result in adverse impact to the natural area that is inconsistent with these policies. Aboveground Structures. New buildings or other structures, including without limitation, towers, transmitters, receiving stations, tanks, substations, or billboards, will not be allowed on city-owned natural areas or open lands. 2 Underground Utility Cables or Pipelines. Consistent with standard practice within Fort Collins, underground utility cables (e.g., electric, telephone, fiber optic, etc.) and pipelines (e.g., gas, water, sewer) will be located within the street and utility right-of-way adjacent to the natural area or open land. In instances where the existing right-of-way does not conform to the planned future street right-of-way as depicted on the applicable adopted Master Transportation Plan, cable or pipeline easements will be located parallel to the existing roadway and within the area encompassed by the future street and utility right-of-way. Some larger utility transmission cables or pipelines are not typically placed beneath streets due to reliability or safety concerns. In instances where the cable or pipeline cannot safely be placed within the road right-of-way, it will be located as close as practicable, and parallel to the road right-of-way. Drainage Facilities for Private Development. Drainage facilities that serve new development (such as detention, retention, or water quality ponds) shall be located on private land within the development and not on city-owned natural areas or open land. Easements for conveyance facilities will be considered on a case-by-case basis when the city-owned land is located between the private parcel and the historic receiving channel or stream. Flow conveyance will utilize existing swales, or drainages, to the maximum extent feasible and be designed to blend into the surrounding terrain and enhance the natural habitat features or character of the site. Requests will not be granted for easements by private entities to construct flood control or drainage structures on natural areas or open lands to create developable land by removing it from the floodplain. Requests will be considered on a case by case basis for construction of flood control measures to address existing flood hazards that threaten public health or safety; in these cases, use of the natural area or open land must be the only reasonable alternative to address the flood hazard and the structure or measure must be designed to minimize the impact to the natural area. Public Flood Control and Drainage Facilities. The City's Natural Area , Storm Drainage, and Water Quality programs have a strong record of collaboration in the joint acquisition of land and in the design of projects that meet multiple community needs. To the maximum extent feasible, planning for storm drainage, water quality and natural area and open land acquisitions shall continue to be coordinated so that lands needed for all of these uses are purchased jointly. Innovative approaches shall continue to be used so that flood control and water quality facilities are designed, constructed, and managed to maintain or enhance natural area protection values while meeting flood control, stream stability, and water quality needs. Easements or rights-of-way for flood control structures or facilities will be considered on natural area or open land properties when the facility is part of the implementation of an adopted basin-wide master plan (e.g., Canal Importation Master Drainageway Plan, Poudre River Master Drainageway Plan).. 3 ALTERNATIVES ANALYSIS: In general, rights of way and easements across City-owned natural areas and open lands will only be approved if they are the only reasonable alternative, considering environmental impacts, impacts to the use of the natural area by the community, financial costs, engineering feasibility, public health and safety and other appropriate factors. Applications for easements or rights-of-way must identify and evaluate the environmental impact, engineering feasibility, and the cost of alternatives that do not affect the city-owned natural area or open land. Depending on the type of proposal, alternatives will need to consider both alternative locations for the facility as well as alternative designs. The number of potential alternatives to be considered will depend on the location and nature of the proposal, but must be sufficient to allow City staff, the Natural Resources Advisory Board, and City Council to evaluate the cost and environmental impact of the available alternatives for meeting the intent of the proposal. Applicants should expect to provide information on the available alternatives at a level of detail to allow independent review of the conclusions by City staff or outside consultants retained by the City to assess the easement request. LAND USE CONSISTENCY: Applicants for rights of way and easements must demonstrate that any development to be served by the proposal is consistent with the City of Fort Collins Comprehensive Plan. Where the purpose of the easement is to provide utility services to areas outside the land use jurisdiction of the City of Fort Collins, the applicant must demonstrate consistency with the adopted Comprehensive Plan of the governing jurisdiction, and with any applicable growth management policies of the City of Fort Collins. Applications for easements that facilitate development or growth that is contrary to the policies of the City of Fort Collins will not be approved. MASTER PLAN CONSISTENCY: As a condition of approval, the applicant must demonstrate that the requested easement or right-of-way is consistent with the adopted utility master plan or service plan for the area where the easement is requested. The applicant must demonstrate that the proposed project is located and designed appropriately to meet the future needs of the service area based on the adopted land use plans and/or zoning in the area served. This requirement is intended to encourage thorough planning, coordination among property owners, and to avoid multiple requests for easements or premature expansion or modification of the facility before the end of its normal service life. COORDINATION WITH OTHER ENTITIES: The City will generally not grant exclusive easements. As a condition of approval, the applicant must contact other utility service providers in the project vicinity to determine if they have current or future plans for additional facilities in the area. To the extent feasible, the planning, design, and construction of facilities shall be coordinated among 4 utility providers to conserve easement corridors and to avoid repeated construction activities that may affect the natural area or open land. Applicants must provide copies of written requests for utility coordination and the responses received from other service providers. COMPLIANCE WITH EXISTING EASEMENTS: Applicants must demonstrate compliance with the requirements of other easements they possess that affect natural areas or open lands of the City of Fort Collins. Requests for new or additional easements will not be considered if the applicant has not met the requirements of existing easement agreements and has failed to correct the situation after notification by the City. RESOURCE PROTECTION STANDARDS: As a condition of approval of any easement or right-of-way, the City of Fort Collins will impose appropriate measures to assure adequate resource protection for the natural area or open land. These measures will be determined based on the characteristics of the proposal and the affected land, but may include, without limitation: field investigations to determine the presence of sensitive plant or animal species; siting requirements to minimize the effect on sensitive natural resources; seasonal timing restrictions to avoid impacts to sensitive species or areas during critical periods of the year; access restrictions to control times and locations of access to the easement; construction management measures to ensure that activities are restricted to designated areas, to control erosion, to limit noise, etc.; restoration requirements to ensure the timely regrading and revegetation of disturbed areas to a condition consistent with the future management of the area; mitigation measures to replace resource values lost to the community as a result of the project; and requirements to minimize the impact to the natural area of ongoing operation and maintenance of the facility. The City Manager or his designee shall develop and maintain a general list of resource protection standards that are applicable to natural areas and open lands. This list may be modified from time to time based on the experience gained in managing easements, developing knowledge about the resource values of the City's natural areas and open lands, and improved knowledge about the appropriate measures needed to protect the natural values of the City's properties. COMPENSATION: As a condition of approval of any easement or right of way, the City of Fort Collins will require compensation for the easement and for the cost of processing and managing the easement. Compensation for the value of the land and for damages will be based on fair market value as determined by accepted appraisal practices. Fees will be assessed for other costs associated with processing the easement request and approval process, overseeing construction activities, and managing the easement following construction. Fees will be based on the estimated actual costs of the service provided. 5 ADVISORY BOARD AND COUNCIL REVIEW: Granting an easement or right-of-way conveys a property right, and must be approved by the City Council by ordinance. The Natural Resources Advisory Board will also review the easement proposal and make a recommendation in its advisory role to the City Council. City staff will be responsible for working with the applicant on the application process, reviewing and evaluating the application, and making a recommendation to both the Natural Resources Advisory Board and the City Council. If an easement is granted by the City Council, staff will be responsible for overseeing and managing the easement and ensuring that the conditions of the grant are met. APPLICATION REQUIREMENTS AND REVIEW PROCESS: In addition to this Policy Statement, the City Manager or his designee will establish procedures for reviewing applications for easements and rights—of-way that affect city- owned natural areas and open lands. These procedures shall establish the fees, necessary steps and information requirements for the timely consideration of requests for easements or rights-of-way. The City Manager or his designee will ensure that easement requests are presented to City Council for decision in a timely manner. 6 Procedures for Applications for Easements or Rights of Way on City of Fort Collins Natural Areas and Open Lands 1. Schedule Meeting with Natural Resources to discuss easement needs. Contact Natural Resources - Natural Areas Program Manager @ 221-6600. At the meeting staff will discuss the Natural Areas Easement Policy, ask why the easement is needed across the City of Fort Collins Natural Area, and ask what other viable options may be available to avoid the Natural Area. Staff will identify potential impacts to the Natural Area, and discuss ways to avoid the Natural Area and/or ways to minimize impacts to the Natural Area. 2. Schedule Field Trip to walk the proposed easement alternatives. Schedule a field trip with Natural Areas staff to walk the proposed easement alternatives. On the field trip staff will also want to look at and discuss the various alternatives to avoid the Natural Area. Following the field trip staff will provide written comments, determine which of the "General Resource Protection Standards" may apply, and will determine the Easement Application Fee. 3. Schedule Presentation/Submittal of Easement Application Letter with Conceptual Utility Plans, Alternative Alignment Analysis and Application Fee Presentation and Application Letter should include 1) Analysis of alternative alignments to avoid the Natural Area, 2) Cost estimates for the various alignments, 3) Analysis of the potential impacts to the Natural Area, 4) Response to staff's initial issues and concerns and 5) conceptual plans. Conceptual plans shall be submitted on an aerial photo at a scale of 1"=100' and must include property lines with adjoining property ownership shown, approximate location of all wetlands, streams, ditches, prairie dog colonies, riparian areas, all needed easements for construction staging areas, access and utility line installation, and the alternative alignments. Staff will decide if a presentation of the conceptual plans to the Natural Resources Advisory Board (NRAB), the adjoining property owners and/or public is necessary at this time. Staff will provide comments and requirements in writing, and a draft of the Temporary and Permanent Easement Agreements including land compensation costs, and vegetation management costs. 4. Easement Approval Process Submit revised application letter, conceptual plans, legal descriptions and sketches of easements (hard and electronic copy) and a site map for the NRAB and Council Agenda Items. Also submit a letter stating that all parties to the easement agreements have reviewed the agreements and agree with the requirements, and stating the proposed schedule for the construction. If the application documents are complete staff will schedule a presentation to the NRAB for their review and recommendation to Council. Once the NRAB recommendation has been completed, staff will prepare the Agenda Item Summary (with Staff's and the NRAB's recommendations) and Ordinance for Council approval, which requires two readings. The NRAB usually meets once a month and Council usually meets Page 1 of 2 twice a month. Agenda items must be submitted one week prior to a NRAB meeting and two weeks prior to a Council meeting. 5. Submit Preliminary Plans, Environmental Mitigation/Restoration Plans for Review Staff will review and provide written comments on the preliminary plans, required studies and permits. Preliminary plans must include: contours; property lines with adjoining property ownership shown; all wetlands; streams; ditches; riparian areas; prairie dog colonies; all existing and proposed man made structures; all existing utilities; all needed easements for access; construction staging areas and utility line installation (limits of disturbance); utility line construction plans; restoration plans; general notes stating all construction and restoration requirements; and the alternative alignments. 6. Submit Final Plans for Review and Approval The City will not sign the easement agreement until following has been submitted and accepted: final plans, final studies, and all permits. Final plans shall include all items required on preliminary plans. 7. Submit Signed Easement Agreement with Compensation If Council approves the ordinance on second reading, the City can sign the easement agreement ten days afterwards and once the Final plans are accepted. Submit the signed Easement Agreement and compensation prior to this to expedite signature process. 8. Record Easement with County Clerk Applicant is responsible for recording the easement with the County Clerk. The easement will be effective once it is recorded and a copy of the recording certificate is provided to the City. 9. Schedule Pre-Construction Meeting A Natural Resources representative must be in attendance at the pre-construction meeting to meet the contractors, discuss the importance of the resource protection requirements, discuss and approve the construction schedule and establish lines of communication to be used during construction. 10. Communication During Construction Maintain ongoing communication with the Natural Resources representative during construction to communicate progress, changes in schedule, problems, and periodic inspections. 11. Schedule Project Approval Once project has been completed the Natural Resources representative must inspect the project site to verify that the project was completed and the site restored according to the plans and agreements. Once accepted, Natural Resources will take over the vegetation maintenance. 12. Submit Drawings of Record Provide Natural Resources with Drawings of Record within sixty (60) days after the completion of construction of the improvements. Page 2 of 2 General Resource Protection Standards for Easements or Rights of Way on City of Fort Collins Natural Areas and Open Lands Introduction This document lists the various resource protection standards that may be required to protect or restore natural resource values on City-owned Natural Areas. These measures are consistent with the requirements in the City Land Use Code for Ecological Characterization Studies and for Resource Protection associated with development projects. The measures will be evaluated for each easement request and applied as needed, depending on the site location, characteristics of the site, and on the nature of the easement. The applicable resource protection standards will be specifically included in the terms of the easement agreement. They must also be included as notes on the approved construction plans for the easement request. These resource protection standards are current as of July 2001. They may be updated from time to time by the Natural Resources Department based on new information about the resources of the City's natural areas or on new information about best management practices. Applicants must contact the Natural Resources Department for a current list of standards. Plans and Permits 1 . Have the final plans approved and signed by the Natural Resources Department and the permanent and temporary easements approved by City Council and recorded at the County Clerks Office prior to starting any construction. Plans must include: 1'-2' contours; property lines with adjoining property ownership shown; all wetlands; streams; ditches; riparian areas; prairie dog colonies; all existing and proposed man made structures; all existing utilities; all needed easements for access, construction staging areas, and construction (limits of disturbance); construction plans and profiles; restoration plans; and general notes stating all construction and restoration requirements. 2. Obtain Excavation Permit from the City Engineering Department prior to starting construction. 3. Perform field investigations and surveys to determine the presence and location of sensitive plants or animal species and geological or archeological features. Page 1 of 6 4. Develop an erosion control plan. The erosion control plan shall comply with the City's Storm Drainage Design Criteria and Construction Standards, and shall be approved and signed by the City prior to construction. 5. Contact the Corps of Engineers to obtain a 404 permit and/or the project shall be cleared by the Corps of Engineers. Copies of the permit, or the letter of clearance from the Corps, shall be submitted to the Natural Resources Department and the Utilities prior to any construction start. 6. Conduct a Preble's meadow jumping mouse surrey according to U.S. Fish and Wildlife Service guidelines. Copies of the report and letter of clearance from the U.S. Fish and Wildlife Service shall be submitted to the Natural Resources Department and the Utilities prior to any construction start. 7. Conduct a Ute ladies' tresses orchid survey according to U.S. Fish and Wildlife Service guidelines. Copies of the report and letter of clearance from the U.S. Fish and Wildlife Service shall be submitted to the Natural Resources Department and to the Utilities prior to any construction start. 8. The City shall attach these requirements for the utility easement as an addendum to the Development Agreement for rdevelopment's namel. Construction Coordination and Project Acceptance 9. Natural Resources representative must be in attendance at the pre-construction meeting to meet the contractors, discuss the importance of the resource protection requirements, discuss and approve the construction schedule and establish lines of communication to be used during construction. 10. Maintain ongoing communication with the Natural Resources representative during construction to communicate progress, changes in schedule, problems, and periodic inspections. 11. Once the project has been completed the Natural Resources representative must inspect the project site to verify that the project was completed and the site restored according to the plans and agreements. Once accepted, Natural Resources will take over the vegetation maintenance. 12. Provide Natural Resources with Drawings of Record within sixty (60) days after the completion of the improvements. Page 2 of 6 Wildlife 13. This site is used as a winter feeding area by large birds of prey. To avoid disturbing feeding eagles and large hawks, construction must take place outside of the normal period when these birds are using the site. Thus, construction cannot take place from October 15 through March 15. 14. A bald eagle [and/or ferruginous hawk] winter night roost is located within [xxx] feet of the proposed easement. To avoid disturbing night-roosting eagles [and/or hawks], construction must take place outside of the normal period when these birds are present on the night roost. Thus, construction cannot take place from October 15 through March 15. 15. A Swainson's hawk nest is located within [xxx] feet of the proposed easement. To avoid disrupting the nesting cycle of the hawk, construction must take place outside of the normal nesting and brood-rearing season. Thus, construction cannot take place from April 1 to July 15. 16. A red-tailed hawk nest is located within [xxx] feet of the proposed easement. To avoid disrupting the nesting cycle of the hawk, construction must take place outside of the normal nesting and brood-rearing season. Thus, construction cannot take place from March 1 to July 15. 17. Construction will be taking place through an area that contains [or may contain] prairie dogs. Either relocate the prairie dogs or fumigate the burrows immediately prior to any grading. Prairie dogs cannot be relocated between February 1 and August 1 . 18. The following wildlife surveys need to be performed within 30 days of the start of construction. Notify Natural Resources representative of the survey results for approval of construction schedule prior to starting construction. 19. This site may contain nesting burrowing owls, a Colorado Threatened Species. Conduct surveys to determine if any owls are nesting within 330 feet of the limits of development. If owls are found to be nesting within 330 feet, then construction cannot take place during the nesting and brood-rearing season (April 1 through August 1). 20. This site may contain den sites for red foxes. Conduct surveys to determine if any foxes are denning within 100 feet of the limits of development. If fox are found to be denning within 100 feet, then construction cannot take place during the normal denning and pup-rearing season (February 1 through October 1). 21 . This site may contain den sites for coyotes. Conduct surveys to determine if any coyotes are denning within 300 feet of the limits of development. If coyotes are Page 3 of 6 found to be denning within 300 feet, then construction cannot take place during the normal denning and pup-rearing season (February 1 through October 1). 22. This site may contain den sites for badgers. Conduct surveys to determine if any badgers are denning within 300 feet of the limits of development. If badgers are found to be denning within 300 feet, then construction cannot take place during the normal denning and young-rearing season (January 1 through August 1). Plants 23. This site contains [species namel, a Colorado rare plant. Remove all [species name within the limits of disturbance prior to construction. [applicant's namel must keep plants alive and replant after construction is completed. 24. Notify City one month prior to construction, so that the Natural Areas Crews will have time to salvage existing plants and shrubs for transplanting to other sites. 25. This site contains native shrubs and/or trees that the City has planted for [purpose--habitat enhancement, prairie dog barrier] [and/or are naturally occurring native shrubs/trees] that are within the limits of development. The native shrubs/trees removed to allow construction or damaged during construction must be replaced on a two-for-one/same species basis. All replacement shrubs shall be 1-gallon container size and must be warranteed to survive for 2 complete growing seasons. Structures 26. Remove, store, protect and replace any natural areas man-made structures (e.g., kiosks, raptor perch poles, prairie dog barriers and fencing) within the limits of disturbance. 27. Repair any damage to concrete bike trails, fences, parking lots, or any other improvements caused directly or indirectly by the construction. Repair/replace improvements immediately to current City standards, including matching the color of the concrete. Field Demarcation 28. Install orange construction fencing to mark the easement limits (limits of disturbance) on the site. A Natural Areas representative must approve fence location prior to any construction. Page 4 of 6 29. Post temporary signs informing the public that this is a [applicant's name] project and indicating the purpose of the project and the [applicant's name] phone number. Signs shall be posted at the following locations: [list locations]. Erosion Control 30. Have erosion control measures in place and approved by a Natural Areas representative prior to any construction. Grading/Construction 31. For areas with native vegetation. Strip topsoil in all areas of excavation to a depth of 8 inches and stockpile separately. Wetland and upland soils shall be stockpiled separately from each other. The topsoil shall be placed in an 8-inch layer on top of the subsoil in the corresponding zone immediately following the completion of construction. 32. For areas with non-native vegetation. Strip the top 2 inches of topsoil from the entire construction easement and remove the topsoil from the site to remove the non-native vegetation seed source. Then strip 8 inches of topsoil from the area to be excavated and stockpile separately. Wetland and upland soils shall be stockpiled separately from each other. The topsoil shall be placed in an 8-inch layer on top of the subsoil in the corresponding zone immediately following the completion of construction. 33. Construction shall comply with the [District] specifications. In addition, any trench left open at the end of a workday shall be fenced to provide public safety. 34. Compact backfill in trenches to 95% Standard Proctor Density. Test the compacted soils at 100' intervals vertically and 2' intervals horizontally within the area of excavation to ensure that this requirement has been met. The City shall receive all laboratory Proctor density results, and a copy of all field compaction tests. After compaction to final subgrade (8" below finished grade), the top 6 inches of subsoil shall be ripped, and the previously stripped and stockpiled topsoil materials spread evenly over the excavated areas. Soils in backfilled, compacted, topsoiled trenches shall match the grade of the surrounding undisturbed areas. 35. Set all manhole covers, valve lids, vaults, etc. below or flush with the finished topsoil surface. 36. Remove the upper sections of all existing manholes to be abandoned and fill the holes with soil. This soil shall be compacted to 95% Standard Proctor Density to prevent settlement. Page 5 of 6 37. Remove the upper sections of all existing manholes to be retained, but are not flush with the finished topsoil surface, and rebuild to be flush with the topsoil surface. 38. Repair any settlement that occurs over the new pipelines after completion and acceptance of the project by the City. Any necessary repairs shall be conducted in a manner and at a time directed by the City. Repaired areas shall be restored as per restoration requirements outlined in this document. 39. Bring to grade (match surrounding topography) all settled and eroded areas along the existing pipeline to be abandoned during construction of the new pipeline. Repair any settlement that occurs over the existing pipeline after completion and acceptance of the project by the City. Any necessary repairs shall be conducted in a manner and at a time directed by the City. Repaired areas shall be restored as per restoration requirements outlined in this document. 40. Areas with in the limits of disturbance that have been driven over, compacted or rutted by equipment shall be scarified to a depth of 8" and regraded to original grade and contours. 41 . Meet with a Natural Resources representative to discuss and get approval of the final grading and the seeding/mulching process prior to reseeding. Seed all disturbed and topsoiled areas with a seed mix of native species specified by the City. The seed shall be drilled into the soil an appropriate depth for the species in the mix and existing conditions, using a range drill (not a Brillion). Immediately following seeding roll the seeded areas with a goats foot roller to lightly compact and imprint the soil. This removes air voids, provides better seed-soil contact and provides indention's in the soil that will capture moisture. All seeded areas shall then be hydromulched in accordance with the City's Storm Drainage Design Criteria and Construction Standards. Following final grading and initial seeding of the Construction Easement Area and acceptance by the City, the City shall be responsible for ongoing vegetation management, including weed control, mowing, and reseeding, as needed, in areas disturbed and seeded in accordance with this paragraph. The cost for the City to perform the vegetation management over the next five to ten years is calculated to be two thousand four hundred and fifty dollars ($2,450.00) per acre of disturbance. 42. Any requirements listed above that are not completed in a timely manner will be corrected by the City and the expense of the correction plus management costs will be billed to [applicant's name). Page 6 of 6