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HomeMy WebLinkAboutHEARTHFIRE PUD, 1ST FILING - FINAL - 31-95D - CORRESPONDENCE - CITY STAFF (9)April 2, 1997 Mr.Rex Fletcher/ Department of the Army CORPS OF ENGINEERS/ OMAHA DISTRICT 9307 State Highway 121 Littleton CO 80123-6901 - RE: Hearthfire P.U.D., Nationwide Permit 26, . Corps File #199580615; Larimer County, Colorado. Dear Mr. Fletcher: As per the letter from Mr. Timothy T. Carey of January 13., 1997, regarding above referenced Nationwide Permit No. 26: Condition Number 8 required: "The applicant will conduct a spiranthes diluvialis survey for the north portion of the project. This survey will be provided to the U.S. Fish and Wildlife Service for review and comment. This survey will be conducted prior to starting work." im Sill DARtic 1 —A, . Mr. Theodore R. Boss of TR Boss Environmental and Biological Consulting had prepared this study and submitted to Ms. Jan McKee of the U.S. Fish and Wildlife Service on February 12, 1997. Ms. McKee has reviewed this study and has stated: "The Service finds the survey acceptable and agrees that suitable habitat for s. diluvialis is not present within the area surveyed." I have enclosed a letter from Mr. LeRoy W. Carlson of the U.S. Department of the Interior which confirms the study is acceptable. I believe this satisfies the requirements of the Corps for condition Number 8, but should you have any questions or require additional information, please give me a call at 970.484.1921. Sincerely, JIM SELLPgan/ GN Inc. om Project Manager encl. cc: Hearthfire N8 � a � Boo 'Flo'rt E. c �°b`ado (303)484492 CAW WDoc\Ilanhrire\ I647. Mpril 3. '97 United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services Colorado Field Office P.O. Box 25486 Denver Federal Center Denver, Colorado 80225-0207 ES/CO: ES/Species/Plants/ Spiranthes diluvialis/ MAR 3 11997 Survey Reports Mail Stop 65412 Theodore R. Boss TR Boss Environmental and Biological Consulting 308 Milky Way Fort Collins, Colorado 80525 Dear Mr. Boss: Based on the authority conferred to the U.S. Fish and Wildlife Service (Service) by the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 eI =.), the Service reviewed the Spiranthes diluvialis (Ute Ladies' -tresses orchid) survey report prepared by you for the Richards Lake Development Company's (Heathfire P.U.D.) proposed housing development in Larimer County, Colorado. As indicated in your letter, the project is located on the north shore of Richards Lake in Fort Collins, Colorado (Township 8 North, Range 68 West, Northwest 'k of Section 30). The southern portion of the proposed development site was surveyed for the orchid in 1995. This survey was conducted on the northern portion which was not part of the project in 1995. The Service finds the survey acceptable and agrees that suitable habitat for S. diluvialis is not present within the area surveyed. Therefore, the Service concurs with the determination that the proposed project should not adversely affect the continued existence of this orchid. We appreciate your submitting the report to our office for review and comment and.your coordination with our staff. If the Service can be of further assistance, please contact ]an McKee at (303) 275-2370. Sincerely, LeRoy . Carlson Colorado Field Supervisor cc: U.S. Army COE; Littleton, CO (Attn: Rex Fletcher) Reading File Project File Reference: IPM*T&E\ORCHID\ 1997\SDTRB0325. W PF * Dominance of cattail, with high cover values; and * Lack of the presence of common associated species (USFWS 1992). 4 4 Wetland Findings Five wetland areas were identified at the north site (Figure 2). The wetlands are described in a Wetlands Delineation Report that was prepared by TRB in November 1996 and submitted to the U.S. Army Corps of Engineers, who accepted the delineation. Three of the wetland Areas ((A,B,C) are associated with backhoe pits and a mechanically dug drainage ditch. Cattails are associated with the edges of the water within the pits/drainage ditch (two feet below the surface), with steep banks to the upland area. Wetland Areas D and E have a wetland transition area from the cattails to uplands in which Baltic rush (Juncus balticus) is associated with upland grasses and ruderal forbs. Wetland Area E and the adjacent upland area have been mechanically disturbed. 1995 Riverside Technology, Inc. Ute ladies' -tresses orchid Survey (South Site) The 1995 study resulted in no occurrences of Ute ladies' -tresses orchid. Results of habitat surveys conducted by TRB With Regards to Ute Ladies' -tresses orchid Habitat (North Site). Based on a habitat suitability rating, TRB determined that the wetlands and wetland fringes were poor and/or marginal Ute ladies' - tresses orchid habitat. Such habitat is characterized by one or more of the following orchid indicators: . * Highly disturbed area (e.g. grazed and trampled, and mechanically disturbed); * Steep slopes from wetlands to uplands (Wet;and Areas A,B,C); * Presence of ruderal (weedy ) plant species adjacent to the cattail and mixed with the Baltic rush areas adjacent to cattail in Wetland Areas D and E; 3 t� at least temporarily during the spring or summer growing seasons. Associated vegetation typically falls into the Facultative Wet wetland vegetation classification category (as used by the U.S. Army Corps of Engineers for wetland delineation). The species occurs primarily in areas where the vegetation is relatively open and not very dense, overgrown, or overgrazed. Although very rare now, it is estimated that it was once common in low elevation riparian areas in Colorado, Utah, and Nevada." Prior to the first habitat analysis, the Larimer County Soil Survey, the Wellington, CO -USGS 7.5 minute topographic quadrangle, aerial photographs of the site, and a Ute ladies -tresses survey report for the southern part of the Hearthfire P.U.D. (Riverside Technology, Inc. 1995) were reviewed. Project Description The Richards Lake Development Company is proposing a housing development (Hearthfire P.U.D.) on the north shore of Richards Lake in Fort Collins (T8N R68W Sec. 30 NW 1/4)) (Figure 1). A Ute Ladies' -tresses orchid survey was conducted in 1995 for the development proper (south site); however, the north site was not surveyed because, at the time of the survey it was not part of the project. Wetlands areas within the north site would be traversed by an access road and/or be transformed into pond areas. The impacted wetlands are palustrine emergent wetlands, and are dominated by cattail (Typha spp.). The wetlands are maintained by groundwater. At the time of the habitat surveys groundwater was approximately 2 feet below the ground surface. The access road and ponds would -impact approximately 1.25 acres of wetlands. The wetlands have been grazed by cattle and horses since 1977. Before 1977 the site was used as an irrigation pond (reference the 1980 Larimer County Soil Survey). 2 4' FIELD RECONNAISSANCE HABITAT SURVEY UTE LADIES' -TRESSES ORCHID (SPIRANTHES DII.DVIALIS) HEARTHFIRE P.U.D. FORT COLLINS, COLORADO Introduction On October 17, November 19, and December 27, 1996, T.R. Boss Environmental and Biological Consulting (TRB) conducted habitat analyses concerning wetlands that would be impacted by the Hearthf ire P.U.D. access road in north Fort Collins, CO (Figure 1). The data from the three analyses are used with regards to a reconnaissance habitat survey for the Ute-Ladies'-tresses orchid (Spiranthes diluvialis). The habitat reconnaissance survey is to fulfill the requirements of the U.S. Fish and Wildlife Service's Interim Requirements and Guidelines for the Federally Threatened Species Spiranthes diluvialis (USFWS, November 23, 1992). The habitat analyses were conducted by Ted Boss. Dr. Boss has completed the qualification requirements established by the USFWS to conduct Ute-Ladies'-tresses orchid surveys. Information regarding his qualifications is located in the USFWS Colorado Field Office, Denver, Colorado (Ref:JBG*ES\ORCHID\1994\SDLSR176). Interim criteria developed by the USFWS were used to identify the field reconnaissance survey for the Ute-Ladies'-tresses orchid. The USFWS (1992) developed a typical habitat description for Ute Ladies' -tresses orchid: "Spiranthes diluvialis occurs in seasonally moist soils and wet meadows near springs, lakes, or perennial streams and their associated floodplains below 6,500 feet elevation in Utah, Colorado, and Nevada. Typical sites include old stream channels and alluvial terraces, subirrigated meadows, and other sites where the soil is saturated to within 18 inches of the surface 1 February 12, 1997 Ms Jan McKee U.S. Fish and Wildlife Service Colorado Field Office P.O. Box 25486 Denver Federal Center Denver, CO 80225-0207 RE: Ute Ladies' -Tresses Reconnaissance Habit Survey, Hearthfire P.U.D., Ft. Collins, CO Dear Ms McKee: Enclosed is a Ute Ladies' -Tresses Orchid Habitat Survey Conducted by TR Boss Environmental and Biological Consulting (TRB). The habitat survey was constructed by field notes by TRB with reference to concerns by the U.S. Army Corps of Engineers in January, 1997. If you have any questions regarding the Habitat Reconnaissance Survey, please call me at (970) 223-5145. Sincerely, Theodore R. Boss TR Boss Environmental and Biological Consulting of&�16 v& 44-- t ��EpT OF. Af, - REPLY mil`VQ TO ATTENTIONOF �� flgifS OS DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT TRI-LAKES PROJECT OFFICE, 9307 STATE HWY 121 LITTLETON, COLORADO 80123-6901 February 5, 1997 Mr. Thomas J. Dugan Jim Sell Design Inc. 117 East Mountain Avenue Fort Collins, Colorado 80524 RC: Hearthfire Housing Project, Nationwide Permit 26, Corps file #199580615 Dear Mr. Dugan: Reference is made to your request to proceed with construction of the island within the existing pond prior to supplying the required water source information for the mitigated wetland areas. Based on the reasons provided, that the pond is fed by groundwater and an additional water source is not needed, the construction of the pond may proceed at this time without supplying the water source information. Please note that allowing the construction of the island does not authorize any impacts to wetlands in or around the pond. Be advised that special condition 4 still applies for other aspects of the project, and all other conditions that apply to this project must be followed for this authorization to remain valid. If there are any questions concerning this matter, please call Mr. Rex Fletcher at (303) 979-4120, and reference Corps file #199580615. Sincerely, Project Printed on ® Recycled Paper January 16, 1997 Mr. Rex Fletcher DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, Omaha District 9307 State Highway 121 Littleton CO 80123-6901 RE: Hearthfire Housing Project Nationwide Permit I.D. Number 199580615 in Larimer County, Colorado Dear Mr. Fletcher: In response to the letter of January 13, 1997, from Mr. Timothy T. Carey please note the following: Under Item #4 of the special conditions "That the water source required to support and sustain the wetland mitigation areas will be perpetual for this project,": The developer understands that water rights will be required to be purchased for the mitigated wetlands to provide the required water source. In relationship to the island to be constructed in the "waters of the U.S.," this proposed island is not located in the wetlands but within an existing pond. Because this pond is fed by groundwater, it is the devel- oper's opinion that an additional water source is not needed, and therefore, is requesting that the construction of the island be permitted prior to supplying the required water source for the mitigated wetland areas. 2. The native seed mix, as referenced under Item #5 is as follows: Native Seed Mix Common Name Western Wheatgrass, Bartan BlueBunch Wheatgrass, Secar Slender Wheat, Primar (Revenue) Blue Gramma, Lovington Sheep Fescue, Covar (Bighorn) Switchgrass, Blackwell Please review this information and let us know if the construction on the island can proceed. Should you have any additional comments, please feel free to give me a call: 970.484.1921. Sincerely, J M SELL IGN Inc. mas an TJD:Isf cc: Ted Bos raig Hash Hearthfire Corres. Se1leSl nib 1� l D _ _ �— aiD Ave. 117 E. MO SICo�orado 8` �1484-1921 MSWDmU1eanhfire%1622.IUanwy 16. M SECTION 404 ONLY CONDITIONS In addition to the General Conditions, the following conditions apply only to activities that involve the discharge of dredged or fill material and must be followed in order for authorization by the nationwide permits to be valid: (1) Water Supply Intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake except where the discharge is for repair of the -public water supply intake structures or adjacent bank stabilization. (2) Shellfish production. No discharge of dredged or fill material/may occur in areas of concentrated shellfish production, unless the discharge is directly related to a shellfish harvesting activity authorized by nationwide permit 4. (3) Suitable material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car bodies, etc.) and material discharged must be free from toxic pollutants in toxic amounts. (4) Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the maximum extent practicable at the project site (i.e. on -site), unless the district engineer has approved a compensation mitigation plan for the specific regulated activity. (5) Spawning areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent practicable. (6) Obstruction of high flows. To the maximum extent practicable, discharges must not permanently restrict or impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters). (7) Adverse impacts from impoundments. If the discharge creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable. (8) Waterfowl breeding areas. Discharges into breeding areas for migratory waterfowl must be .avoided to the maximum extent practicable. (9) Removal of temporary fills. Any temporary fills must be removed i their entirety and the affected areas returned to their preexisting elevation. Fact Sheet ,926 33 CFR Section 330.6 Nationwide Permits (b) Authorized Activities: (26) Headwaters and Isolated Waters Discharges. Discharges of dredged or fill material into headwaters and isolated waters provided: a. The discharge does not cause the loss of more than 10 acres of waters of the United States; b. The permittee notifies the district engineer if the discharge would cause the loss of waters of the United States greater than one acre in accordance with the "Notification" general condition. For discharges in special aquatic sites, including wetlands, the notification must also include a delineation of affected special aquatic sites, including wetlands. (Also see 33 CFR 330.1(e)); and c. The discharge, including all attendant features, both temporary and permanent, is part of a single and complete project. For the purposes of this nationwide permit, the acreage of loss of waters of the United States includes the filled area plus waters of the United States that are adversely affected by flooding, excavation or drainage as a result of the project. The ten -acre and one -acre limits of NWP 26 are absolute, and cannot be increased by any mitigation plan offered by the applicant or required by the DE. Subdivisions: For any real estate subdivision created or subdivided after October 5, 1984, a notification pursuant to subsection (b) of this nationwide permit is required for any discharge which would cause the aggregate total loss of waters of the United States for the entire subdivision to exceed one (1) acre. Any discharge in any real estate subdivision which would cause the aggregate total loss of waters of the United States in the subdivision to exceed ten (10) acres is not authorized by this nationwide permit; unless the DE exempts a particular subdivision or parcel by making a written determination that: (1) the individual and cumulative adverse environmental effects would be minimal and the property owner had, after October 5, 1984, but prior to January 21, 1992, committed substantial resources in reliance on NWP 26 with regard to a subdivision, in circumstances where it would be inequitable to frustrate his investment -backed expectations, or (2) that the individual and cumulative adverse environmental effects would be minimal, high quality wetlands would not be adversely affected, and there would be an overall benefit to the aquatic environment. Once the exemption is established for a subdivision, subsequent lot development be individual property owners may proceed using NWP 26. For purposes of NWP 26, the term "real estate subdivision" shall be interpreted to include circumstances where a landowner or developer divides a tract of land into smaller parcels for the purpose of selling, conveying, transferring, leasing, or developing said parcels. This would include the entire area of a residential, commercial or other real estate subdivision, including all parcels and parts thereof. (Section 404) Structural Discharge. Discharges of material such as concrete, sand, rock, etc. into tightly sealed forms or cells where the material will be used as a structural member for standard pile supported structures, such as piers and docks; and for linear projects, such as bridges, transmission line footings, and walkways. The NWP does not authorize filled structural members that would support areas and other such structures. Housepads or other building pads are also not included in this nationwide permit. The structure itself may require a section 10 permit if located in navigable waters of the United States. (Section 404) (c) General Conditions: The following general conditions, where applicable, must be complied with for the Nationwide Permit authorization to remain valid: (1) Navigation. No activity may cause more than a minimal adverse effect on navigation. is located; - a discussion of the successes, failures, and problems; - percent of ground surface area that is vegetated, percent of vegetated area that contains wetlands species, list of prevalent plant species; - maps and/or drawings as needed for illustration; and - photographs of mitigation area (to be taken from the same location each year and submitted with each report). B. The applicant will conduct a Spiranthes diluvialis survey for the north portion of the project. This survey will be provided to the US Fish and Wildlife Service for review and comment. This survey will be conducted prior to starting work. Although an Individual Department of the Army permit will not be required for the project, this does not eliminate the requirement that you obtain any other applicable federal, tribal, state, and local permits as required. Please note that deviations from the original plans and specifications of your project could require additional authorization from this office. You are advised that this verification of this nationwide permit authorization is valid through January 21, 1998. If your have any questions, contact Mr. Rex Fletcher of this office at 303-979-4120. Please reference Nationwide Permit action ID 199580615 and Larimer County. Sincerely, Timo y Ca ey Proje anage Enclosure Copies Furnished: U.S. Fish & Wildlife Service Colorado Division of Wildlife Environmental Protection Agency Colorado Department of Public Health & Environment DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT TRI-LAKES PROJECT OFFICE, 9307 STATE HWY 121 LITTLETON, COLORADO 80123-6901 REPLY TO January 13, 1997 ATTENTION OF Mr. Craig Hash Richard's Lake Development 5319 Paradise Lane Ft. Collins, Colorado 80526 Dear Mr. Hash: We have reviewed your request for Department of the Army authorization to impact 1.25 acres of wetlands and 2.15 acres of waters of the United States in conjunction with the construction of Hearthf ire Housing Development project. The project is located in Section 30, Township 8 North, Range 68 West, Larimer County, Colorado. Based on the information you provided, this office has determined that your work within Colorado can be authorized by the Department of the Army Nationwide Permit found at 33 CFR Part 330 Appendix A, (B)(26). Enclosed is a fact sheet which fully describes this Nationwide Permit and lists the General and Section 404 only conditions which must be adhered to for this authorization to remain valid. In addition to the attached conditions, the following special conditions must also be met in order for this permit verification to be valid. 1. That 1.875 acres of wetlands will be mitigated on site and in kind and function as the existing wetlands. These wetlands will be constructed in conjunction with the existing wetland impacts. 2. That the mitigated wetlands will be placed out of the existing wetlands, currently located within the construction site, and that additional wetlands will not be impacted during the construction of the mitigation area. 3. That the island will not exceed 0.5 acres above the ordinary high water mark and the bank slopes of the island will be no less than 3v:lh. 4. That the water source required to support and sustain the wetland mitigation areas will be perpetual for this project. The applicant will provide the Corps of Engineers an acceptable water supply plan prior to starting work on this project. 5. That native seed mix will be used for soil stabilization throughout the project site. 6. The applicant will design and construct adequate vegetation filter strips to aid in the control and prevention of sediments and chemicals from entering Richards Lake. 7. That annual monitoring reports will be provided to the Tri-Lakes Project Office no later than 31 November of each year beginning in 1998. These reports will include, but not limited to, the following information: - name of the project, permit number, and county where the project Printed on ® necyclled Paper Thomas I Dugan 4225 Westshore Way ♦ Fort Collins, CO 80525 .(970)226-1655 Fax(970)226-1635 September 15, 1997 Mr. Rob Wilkenson City of Fort Collins Department of Natural Resources 281 N. College Ave. P.O. Box 580 Fort Collins, Colorado 80522-0580 RE: Hearthfire Filing No. 1 Department of the Army Nationwide Permit 26 Corps File #199580615 Dear Rob: As we at last Thursday's meeting, I am enclosing the following documents for your review and files: 1. Dept. of the Army Nationwide Permit dated January 13, 1997. 2. Letter from Jim Sell Design Inc. dated January 16, 1997 to Mr. Rex Fletcher of the Corps addressing items 4 and 5 of the permit conditions. 3. A letter from Mr. Timothy T. Carey of the Army Corps dated February 5, 1997 authorizing the construction of the island within the pond. 4. A letter from Mr. Ted Boss to Ms. Jan McKee of the US Fish and Wildlife Service related to item 8 of the permit conditions. This is the Ute Ladies' -Tresses Reconnaissance Survey. S. A letter from Mr. LeRoy Carlson of the US Fish and Wildlife Service accepting the above mentioned Reconnaissance Survey, and 6. A letter dated April 2, 1997 from Jim Sell Design Inc. to Mr. Rex Fletcher of the Corps, again related to condition number 8 of the Nationwide Permit. Please review these documents and information and should you have any questions, feel free to give me a call. ely, i Landscape hitect encl. cc: Steve Olt, Mike Coley, Matt Fater, w/encl. Bill Yunker, Craig Hash, Brian Shear Hearthfire Dev. Coor.