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Home My WebLink AboutSUN COMMUNITIES - THE FOOTHILLS - PDP210001 - SUBMITTAL DOCUMENTS - ROUND 1 - ENVIRONMENTAL REPORT Consultants in Natural Resources and the Environment Denver 1842 Clarkson Street Denver, CO 80218 303.830.1188 Durango 1015 ½ Main Avenue Durango, CO 81301 970.422.2136 Hotchkiss PO Box 932 161 South 2nd Street Hotchkiss, CO 81419 970.872.3020 Idaho 4001 East Main Street Emmett, ID 83617 208.365.7684 www.eroresources.com ERO Resources Corp. January 6, 2020 Drue DeBerry U.S. Fish and Wildlife Service Colorado Field Office Denver Federal Center (MS 65412) PO Box 25486 Denver, Colorado 80225 Re: Threatened and Endangered Species Habitat Assessment—6750 College Avenue, Larimer County, Colorado Dear Mr. DeBerry, ERO Resources Corporation (ERO), on behalf of Sun Communities, Inc. (Sun Communities), is requesting Technical Assistance regarding threatened, endangered, and candidate (T&E) species for a proposed development project in Fort Collins, Larimer County, Colorado (project area; Figure 1). Federal Nexus Currently there is no known federal nexus for the proposed development. ERO, on behalf of Sun Communities, submitted a request for an approved Jurisdictional Determination of the potential waters of the U.S. to the U.S. Army Corps of Engineers (Corps) on December 20, 2019. Project Location The project area is in Section 13, Township 6 North, Range 69 West of the 6th Principal Meridian in Fort Collins, Larimer County, Colorado (Figure 1). The UTM coordinates of the approximate center of the project area are 494049mE, 4482426mN of NAD 83 Zone 13N. The longitude/latitude of the project area is 105.070224°W/40.492514°N. The elevation of the project area is approximately 5,000 feet above sea level. Project Description Sun Communities is proposing a residential development within the project area. Site Description The project area is generally located southeast of the intersection of South College Avenue and East Trilby Road in Fort Collins, Colorado (Figure 1). The project area is generally Drue DeBerry Page 2 U.S. Fish and Wildlife Service January 6, 2020 ERO Resources Corporation bounded by residential development on all sides. Photo points of the project area are shown on Figure 2 and the photo log is attached. The majority of the project area consists of undeveloped agricultural land dominated by a mixture of native and nonnative upland species including smooth brome (Bromus inermis), cheatgrass (Bromus tectorum), western wheatgrass (Pascopyrum smithii), prickly lettuce (Lactuca serriola), sweetclover (Melilotus officinalis), and Canada thistle (Cirsium arvense). An Unnamed Ditch occurs along a portion of the southern border of the project area (Figure 2). A large wetland (Wetland 1) transects the project area and appears to be supported by runoff from surrounding development (Photos 1, 2, and 5; Figure 2). A second wetland (Wetland 2) occurs in the southeastern corner of the project area in what appears to be a manmade detention pond (Photos 3 and 4). Wetlands within the project area are dominated by broadleaf cattail (Typha latifolia), Baltic rush (Juncus arcticus), saltgrass (Distichlis spicata), softstem bulrush (Schoenoplectus tabernaemontani), Canada thistle, and curly dock (Rumex crispus). A swale occurs along the eastern boundary of the project area and appears to periodically convey flows from Wetland 1 to the north of the project area (Photos 6, 7, and 8). The Natural Resources Conservation Service (NRCS) has mapped the soils in the project area as Heldt clay loam, Longmont clay, and Renohill clay loam (U.S. Department of Agriculture/NRCS 2019). Heldt clay loam occurs in stream terraces and alluvial fans and typically consists of clay loam and clay. Longmont clay occurs in valleys and floodplains and typically consists of clay. Renohill clay loam occurs in side slopes and typically consists of clay loam and clay. Endangered Species Act Compliance On December 11, 2019, Hidde Snieder with ERO assessed the project area (2019 site visit) for suitable habitat for federally listed T&E species protected under the Endangered Species Act (ESA). The project area does not fall within U.S. Fish and Wildlife Service (Service) habitat or survey guidelines for the majority of the species listed by the Service as potentially occurring in Larimer County (Table 1). Table 1. Federally threatened, endangered, and candidate species potentially found in Larimer County or potentially affected by projects in Larimer County. Common Name Scientific Name Listing Status* Habitat Habitat Present or Potential to be Affected by Project? Mammals Black-footed ferret Mustela nigripes E Prairie and grassland ranging from the midwestern to western U.S. No, within block clearance zone Canada lynx Lynx Canadensis T Moist boreal forests that have cold, snowy winters No North American wolverine Gulo gulo luscus PT Cold conditions with deep persistent snow cover No Preble’s meadow jumping mouse Zapus hudsonius preblei T Shrub riparian/wet meadows No Drue DeBerry Page 3 U.S. Fish and Wildlife Service January 6, 2020 ERO Resources Corporation Common Name Scientific Name Listing Status* Habitat Habitat Present or Potential to be Affected by Project? Birds Interior least tern** Sterna antillarum athalassos E Sandy/pebble beaches on lakes, reservoirs, and rivers No habitat, no potential to affect Mexican spotted owl Strix occidentalis lucida T Closed canopy forests in steep canyons No Piping plover** Charadrius melodus T Sandy lakeshore beaches and river sandbars No habitat, no potential to affect Whooping crane** Grus americana E Mudflats around reservoirs and in agricultural areas No habitat, no potential to affect Insects Arapahoe snowfly Arsapria Arapahoe C Cold, clean, well-oxygenated streams and rivers; found in only two tributaries (Elkhorn Creek and Young Gulch) of the Poudre River in Colorado No Fish Greenback cutthroat trout Oncorhynchus clarki stomias T Cold, clear, gravel headwater streams and mountain lakes No Pallid sturgeon** Scaphirhynchus albus E Large, turbid, free-flowing rivers with a strong current and gravelly or sandy substrate No habitat, no potential to affect Plants North Park phacelia Phacelia formosula E Known only from exposures of the Coalmont Formation at elevations from 7,940 to 8,260 feet No Ute ladies’-tresses orchid Spiranthes diluvialis T Moist to wet alluvial meadows, floodplains of perennial streams, and around springs and lakes below 8,500 feet in elevation No Western prairie- fringed orchid** Platanthera praeclara T Mesic and wet prairies, sedge meadows No habitat, no potential to affect *T = Federally Threatened Species, E = Federally Endangered Species, C = Candidate Species, PT = Proposed Threatened. **Water depletions in the South Platte River may affect the species or critical habitat in downstream reaches in other counties or states. Source: Service 2019. The proposed project would not directly affect the Black-footed ferret, Canada lynx, North American wolverine, Mexican spotted owl, greenback cutthroat trout, Arapahoe snowfly, or North Park phacelia because of the lack of habitat in the project area. The interior least tern, piping plover, whooping crane, pallid sturgeon, and western prairie fringed orchid are species affected by water depletions from the South Platte River. Based on ERO’s knowledge of the types of activities likely to be implemented as part of the project, there would be no depletions to the South Platte River. Because of the lack of habitat and depletions, the proposed project would not affect these species. Potential habitat for Preble’s meadow jumping mouse (Preble’s), and Ute ladies’-tresses orchid (ULTO) is generally more prevalent in areas across the Front Range. Because these species are more likely to be addressed by counties and regulatory agencies such as the Corps, a more detailed discussion is provided below. Rationale for Excluding the Project Area as Potential Preble’s Habitat ERO assessed the project area for potential Preble’s habitat. The proposed project would not likely impact Preble’s habitat because: Drue DeBerry Page 4 U.S. Fish and Wildlife Service January 6, 2020 ERO Resources Corporation • Lack of Habitat: The project area lacks the multilayered riparian habitat typically associated with Preble’s. The majority of the project area consists of nonnative upland grasslands. Where wetlands exist, they consist of emergent wetlands dominated by broadleaf cattail, Baltic rush, saltgrass, softstem bulrush, Canada thistle, and curly dock, which are not typically associated with Preble’s. • Negative Trapping Results: More than 10 negative trapping surveys have occurred within a 5-mile radius of the project area (Service 2014). • Distance of the Closest Preble’s Population: The closest known Preble’s population is more than 8 miles northwest of the project area above Horsetooth Reservoir. Additionally, there is no apparent continuous riparian connection between the project area and the nearest known capture site. • Project Area is Not Identified as Critical Habitat: The project area contains no designated critical habitat for Preble’s. Given the above information, it is unlikely the project area supports a population of Preble’s or that the continued existence of Preble’s would be adversely affected by the proposed project. ERO recommends that the proposed project be allowed to proceed without a trapping survey. Rationale for Excluding the Project Area as Potential ULTO Habitat ERO determined the project area is not conducive to the establishment of ULTO and differs from the criteria of the Service’s November 1992 (Service 1992) Interim Survey Requirements for Spiranthes diluvialis because: • Lack of Suitable Habitat: There are no perennial streams within the project area and there is no direct surface connection to any known ULTO sites. In addition, the soils in the project area consist primarily of clay and clay loam and not the alluvial gravel and cobble typically associated with ULTO. • Lack of Associated Indicator Species: The project area lacks species typically associated with ULTO, and the wetlands are too deeply shaded and are primarily dominated by species not typically associated with ULTO including broadleaf cattail, Baltic rush, saltgrass, softstem bulrush, Canada thistle, and curly dock. Given the above information, it is unlikely the project area supports populations of ULTO and it is unlikely that this species would be adversely affected by the proposed project. ERO recommends that the proposed project be allowed to proceed without a presence/absence survey. Other Sensitive Species In addition to T&E species, ERO assessed the project area for potential habitat and the presence of species protected by the Migratory Bird Treaty Act (MBTA). Migratory birds, as well as their eggs and active nests, are protected under the MBTA. Migratory bird habitat typically includes trees and shrubs, but upland grasslands also are used for nesting. No active nests were observed in the project area during the 2019 site visit. If the construction Drue DeBerry Page 5 U.S. Fish and Wildlife Service January 6, 2020 ERO Resources Corporation schedule does not allow vegetation removal or construction outside of the breeding season, a nest survey should be conducted prior to vegetation removal to determine if the nest is active and by which species. Conclusions There are no populations or habitat for T&E species in the project area; therefore, the proposed project would likely have no effect on federally listed species potentially present in Larimer County. Based on this habitat assessment, ERO, on behalf of Sun Communities, requests that the Service confirm that it has no concerns related to T&E species and that no further consultation under the ESA is required. Attached are photos and figures of the project area. After you review this information, ERO would appreciate a written determination of this request. Please call if you need additional information or have any questions. I look forward to hearing from you. Sincerely, Hidde Snieder Biologist cc via email: Christine Sveum - Atwell, LLC John McLaren - Sun Communities, Inc. Attachments: Figures 1 and 2; Photo Log References U.S. Department of Agriculture, Natural Resources Conservation Service (NRCS). 2019. Web Soil Survey. http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx. Last accessed December 4, 2019. U.S. Fish and Wildlife Service (Service). 1992. Interim Survey Requirements for Spiranthes diluvialis. U.S. Fish and Wildlife Service (Service). 2014. Preble’s meadow jumping mouse (Zapus hudsonius preblei) trapping database for scientific collection activities conducted under Section 10 of the Endangered Species Act. Colorado Ecological Services Field Office. Denver. U.S. Fish and Wildlife Service (Service). 2019. Endangered, Threatened, Proposed and Candidate Species. http://ecos.fws.gov/ipac/. Last accessed December 4, 2019. Drue DeBerry Page 6 U.S. Fish and Wildlife Service January 6, 2020 ERO Resources Corporation Site Information Location: The project area is in Section 13, Township 6 North, Range 69 West of the 6th Principal Meridian in Fort Collins, Larimer County, Colorado. Elevation: Approximately 5,000 feet above sea level. Longitude/Latitude: 105.070224°W/40.492514°N. UTM Coordinates: 494049mE, 4482426mN, Zone 13 North. Soils: The NRCS has mapped the soils in the project area as Heldt clay loam, Longmont clay, and Renohill clay loam. Site Hydrology: Runoff from adjacent development. Qualifications of Surveyors Qualifications of Hidde Snieder are available upon request. Hidde Snieder has a B.S. in ecology and evolutionary biology from the University of Colorado at Boulder. Hidde has five years of experience performing Preble’s habitat assessments. Hidde is familiar with Preble’s survey guidelines and has been trained in Preble’s identification. Hidde also has five years of experience conducting biological inventories and biographical mapping. Hidde is familiar with Spiranthes diluvialis survey guidelines and has viewed Spiranthes in the field. Project Area Prepared for: Sun Communities, Inc.File: 10761 Figure 1.mxd (GS)July 31, 2019 ± Figure 1 Vicinity Map 6750 College Avenue Wetland Delineation Portions of this document include intellectual property of ESRI and its licensors and are used herein under license. Copyright © 2019 ESRI and its licensors. All rights reserved. 0 1,500750Feet LocationPath: P:\10700 Projects\10761 - 6750 College Ave Wetland Delineation\Maps\10761 Figure 1.mxdSection 13, T6N, R69W; 6th PM UTM NAD 83: Zone 13N; 494049mE, 4482426mN Longitude 105.070224°W, Latitude 40.492514°N USGS Loveland, CO Quadrangle Larimer County, Colorado &&&&&&&&!. !.!. !. !.!. !. !.College AvenueTrilby Road Debra DriveKevin DriveRick Drive AutumnRidgeDriveDP6 DP4 Wetland 1 (4.52 ac) Wetland 2 (1.04 ac) Unnamed Ditch (0.03 ac) DP8 DP7 DP5 DP3 DP2 DP1 P7 P8 P6 P4 P5 P3 P2 P1 Prepared for: Sun Communities, Inc.File: 10761 Figure 2.mxd (GS)December 16, 2019 ± Figure 2Existing Conditions6750 College Avenue Wetland Delineation 0 200100FeetPath: P:\10700 Projects\10761 - 6750 College Ave Wetland Delineation\Maps\10761 Figure 2.mxdImage Source: Google Earth©, October 2017 !.Data Point &Photo Point Flow Direction Ditch Swale Project Area Boundary Ordinary High Water Mark (0.03 ac) Wetland (5.56 ac) P«ÊãÊ LÊ¦ 6750 CÊ½½¦ AòÄç DÃÙ 11, 2019 Photo 1 - Wetlands at the western border of the project area. View is to the east. Photo 2 - Overview of Wetland 1 in the project area. View is to the southwest. P«ÊãÊ LÊ¦ 6750 CÊ½½¦ AòÄç DÃÙ 11, 2019 Photo 3 - Overview of Wetland 2 in the project area. View is to the northwest. Photo 4 - Overview of the outlet of Wetland 2 in the project area. View is to the southwest. P«ÊãÊ LÊ¦ 6750 CÊ½½¦ AòÄç DÃÙ 11, 2019 Photo 5 - Overview of Wetland 1 in the western half of the project area. View is to the west. Photo 6 - Overview of the swale downgradient of Wetland 1 in the project area. View is to the south. P«ÊãÊ LÊ¦ 6750 CÊ½½¦ AòÄç DÃÙ 11, 2019 Photo 7 - Overview of the swale downgradient of Wetland 1 near Trilby Road. View is to the southeast. Photo 8 - Overview of the culvert under Trilby Road. View is to the north.