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HomeMy WebLinkAboutSALUD FAMILY HEALTH CENTER - ODP - ODP150003 - SUBMITTAL DOCUMENTS - ROUND 1 - ENVIRONMENTAL REPORTAugust 26, 2015 Thomas Beck TW Beck Architects 170 South St. Vrain Avenue P.O. Box 57 Estes Park, CO 80517 RE: Ecological Characterization Study (ECS) Report for the Salud Family Health Center Project at the Former Forney Industries Site, 1830 West Laporte Avenue Thomas: This letter report documents the evaluation of habitat conditions at the proposed Salud Family Health Center (Salud) development parcel. The report was prepared in accordance with Section 3.4.1 of the Land Use Code of the City of Fort Collins regarding the preparation of an Ecological Characterization Study (ECS) Report. The proposed development site is located at the former Forney Industries property at 1830 West Larporte Avenue, Fort Collins, Colorado. The property location is shown on Figure 1. The property addressed by this ECS report includes the entire 21.4-acre parcel formerly owned by Forney Industries. The proposed Salud Family Health Center would occur in Lots 1, 2, 4, which comprise 11.6 acres of the 21.4-acre parcel. The current development proposal calls for the construction of commercial buildings, roadways, parking areas and other supporting infrastructure. Ecological characteristics of the property were reviewed during a field survey completed on August 19, 2015. The field survey was conducted to characterize existing wildlife habitats, as well as to identify any unique or sensitive natural resource features. The field survey did not include a delineation of wetland boundaries within the Larimer County Canal No. 2 since no changes are proposed for this irrigation feature. Natural Resources Conservation Service soils mapping was reviewed, however, to determine if any known hydric (wetland) soil mapping units are located on the property. Observations recorded during the field evaluation included: major vegetation communities / wildlife habitats present within the property; dominant vegetation associated with each community / habitat; unique habitat features; and observations of wildlife species and/or definitive sign. Photographs showing representative views of existing habitats were also taken to document site conditions. Wildlife presence and habitat use was based on on-site observations and habitat presence in conjunction with the known habitat requirements of potential wildlife species. Existing habitats were also evaluated regarding their ability to support populations of threatened, endangered, and other sensitive plant and wildlife species. The following provides a summary of information required by Fort Collins Land Use Code under 3.4.1 (D) (1) items (a) through (k). ECOLOGICAL STUDY CHARACTERIZATION CHECKLIST (a & i) Five habitat/land use types were identified within the Salud project area. These were Developed, Grass/Alfalfa Hayfield, Non-native Grassland/Weedy, Riparian/Larimer County Canal No. 2, and Upland Woodland (see Figure 1). In addition, there are a number of tree groupings supported within each of these habitat/land use areas (see Figure 1). Grass/Alfalfa Hayfield. This is the largest undeveloped habitat in the Salud project area. This area was historically converted from native grassland to non-native grass/hayfield and is managed and mowed for hay production. As a result this area has low ecological value and supports no natural habitat features. Dominant T. Beck 8/26/15 Page 2 of 9 vegetation species supported in this habitat are smooth brome (Bromus inermis)1 and alfalfa (Medicago sativa). A variety of annual weeds are also present, with field bindweed (Convolvulus arvensis) and common dandelion (Taraxacum officinale) being the most prevalent. Woody species are restricted to a few Siberian elms (Ulmus pumila) along the fenceline boundary since current management practices preclude the establishment of shrubs or trees in mowed hayfield areas. More diverse woodlands are supported in the adjacent Upland Woodland and Riparian/Larimer Canal No. 2 habitat parcels. Photos 1 and 2 provide representative views of Grass/Alfalfa Hayfield and surrounding tree stands. Although Grass/Alfalfa Hayfield represents undeveloped open space for wildlife, seasonal mowing and a lack of woody vegetation cover limits its value as wildlife habitat. Vegetation cover and food sources are present primarily on a short-term basis due to mowing and occasional cultivation. The primary value of Grass/Alfalfa Hayfield as wildlife habitat is that it contributes seasonal food sources for small mammals and avian species during the growing season prior to mowing. Mule deer and white-tailed deer also may occasionally forage in hayfield habitats when areas of adjacent suitable cover are available. Mice, voles, and pocket gophers as well as songbirds such as western meadowlark and horned lark are the only species likely to establish resident populations in hayfields and weedy edge areas. Songbirds including Brewer’s blackbird, common grackle, and black-billed magpie also occasionally use Grass/Alfalfa Hayfield habitat. Open-country raptors such as red- tailed hawk, Swainson’s hawk, American kestrel, northern harrier, and great horned owl as well as mammalian predators like coyote, striped skunk, and red fox sporadically hunt alfalfa hayfield habitats as well. Canada geese and mule deer may also occasionally graze in this habitat. There was no evidence of prairie dogs or prairie dog burrows observed on the property. Non-native Grassland/Weedy. There are two types of Non-native Grassland/Weedy habitat within the Salud project area, mowed and un-mowed. Mowed areas are located within the developed portions of the property, while un-mowed areas exist outside of existing development. Both types have developed after the conversion of native grassland to areas dominated by non-native grasses and a variety of weedy species. Dominant grasses include smooth brome, crested wheatgrass (Agropyron cristatum), and Kentucky bluegrass (Poa pratensis). Common weed species recorded throughout both the mowed and un-mowed areas included field bindweed, kochia (Bassia scoparia), prickly lettuce (Lactuca serriola), prostrate knotweed (Polygonum aviculare), leafy spurge (Euphorbia esula), cheatgrass (Bromus tectorum), Canada thistle (Cirsium arvense), curlycup gumweed (Grindelia squarrosa), common mallow (Malva neglecta), common dandelion, pitseed goosefoot (Chenopodium berlandieri), and horseweed (Conyza canadensis). Minor amounts of alfalfa are also present in the un-mowed areas. Photo 3 provides a view of un-mowed Non-native Grassland/Weedy Habitat, and Photo 4 shows mowed Non-native Grassland/Weedy Habitat. Habitat value and wildlife use of Non-native Grassland/Weedy varies between the mowed and un-mowed areas. Mowed areas within the building sites have essentially no habitat value because of adjacent development and consistent mowing that removes any vegetation cover. Wildlife use of the un-mowed stands is similar to that described for Grass/Alfalfa Hayfield, except the lack of seasonal mowing results in additional vegetation cover and may result in more consistent use by species listed for Grass/Alfalfa Hayfield. Riparian/Larimer County Canal No. 2, Upland Woodland and Tree Stands. As indicated on Figure 1, there are a number of areas supporting trees in the Salud project area. Each tree group is identified on Figure 1 by letter designations that correspond to the tree group descriptions in Table 1. Many of the trees are 6 inches in diameter or larger and may be classified by the City Forester as significant based on the Fort Collins Land Use Code. The City Forester or a private arborist will need to evaluate the health of these trees in order for their significance status to be determined. Two views of Riparian/Larimer County Canal No. 2 habitat are provided by Photos 5 and 6. Photo 1 provides a view of the north side of Tree Groups A and C and Photo 3 provides a view 1 Scientific nomenclature for plants follows USDA, NRCS Plants Database. Available online at: http://plants.usda.gov/java/ T. Beck 8/26/15 Page 3 of 9 Table 1* Approximate Number of Trees and Their Size Range in the Salud Project Area Species Number Size Range (dbh) Comments Tree Grouping A - Larimer County Canal No. 2 Boxelder, Acer negundo 1 10” - 12” multi-trunked; non- native Common buckthorn, Rhamnus cathartica several < 3” shrub-like; non-native Crack willow, Salix fragilis 2 10” - 3’ multi-trunked; non- native Eastern cottonwood, Populus deltoides 9 14” - 3’ native Green ash, Fraxinus pennsylvanica several < 3” shrub-like; non-native Russian olive, Elaeagnus angustifolia 1 1” - 8” multi-trunked; partially decadent; non-native Siberian elm, Ulmus pumila 2 10” - 2’ 1 partially decadent; non-native White poplar, Populus alba 2 6” non-native Tree Grouping B Eastern cottonwood, Populus deltoides 3 1’ - 4’ 1 partially decadent Siberian elm, Ulmus pumila 1 6” - 14” multi-trunked Tree Grouping C American elm, Ulmus americana 1 <6” non-native American plum, Prunus americana several < 3” native Apple, Malus sp. 1 6” non-native Boxelder, Acer negundo 1 3” - 6” multi-trunked Common buckthorn, Rhamnus cathartica several < 3” Crack willow, Salix fragilis 3 6” - 12” multi-trunked Eastern cottonwood, Populus deltoides 5 12” - 2.5’ some multi-trunked Green ash, Fraxinus pennsylvanica several < 3” Russian olive, Elaeagnus angustifolia several 3” - 12” Siberian elm, Ulmus pumila 3 4” - 16” Tree Grouping D - Larimer County Canal No. 2 American elm, Ulmus americana 1 10” Boxelder, Acer negundo 1 6” Crack willow, Salix fragilis 3 6” - 2’ multi-trunked Eastern cottonwood, Populus deltoides 13 4” - 3’ 1 multi-trunked Russian olive, Elaeagnus angustifolia 1 14” some multi-trunked Siberian elm, Ulmus pumila 2 3” - 12” 1 partially decadent White poplar, Populus alba 1 5” Tree Grouping E - Larimer County Canal No. 2 Black Locust, Robinia pseudoacacia 9 3” - 12” non-native Boxelder, Acer negundo 3 5” - 12” Green ash, Fraxinus pennsylvanica 1 8” Siberian elm, Ulmus pumila 29 2” - 2’ Tree Grouping F Siberian elm, Ulmus pumila 1 12” Tree Grouping G Siberian elm, Ulmus pumila 15 2” - 12” some partially decadent; 1 dead; most multi-trunked T. Beck 8/26/15 Page 4 of 9 Table 1* Approximate Number of Trees and Their Size Range in the Salud Project Area Species Number Size Range (dbh) Comments Tree Grouping H Siberian elm, Ulmus pumila 1 5” - 10” Tree Grouping I Crack willow, Salix fragilis 4 4” - 2’ multi-trunked; 2 partially decadent Netleaf hackberry, Celtis reticulata 1 6” native Siberian elm, Ulmus pumila 3 4” - 9” 1 multi-trunked & mostly decadent Tree Grouping J - Trailer Park Landscape Trees Boxelder, Acer negundo Trees inside trailer park fence; not counted or measured Pines, Pinus sp. Russian olive, Elaeagnus angustifolia Tree Grouping K Boxelder, Acer negundo 17+ 1” - 4” most multi-trunked Common buckthorn, Rhamnus cathartica several < 3” shrub-like Crack willow, Salix fragilis 8 3” - 6’ all multi-trunked; some partially decadent; 1 with nest cavity Eastern cottonwood, Populus deltoides 1 6’ partially decadent Netleaf hackberry, Celtis reticulata 3 2” - 4” multi-trunked Siberian elm, Ulmus pumila 11 3” - 4’ 2 dead; some partially decadent Tree Grouping L Green ash, Fraxinus pennsylvanica 5 3” - 8” multi-trunked Common buckthorn, Rhamnus cathartica 1 2” Siberian elm, Ulmus pumila 15 4” - 12” some multi-trunked & partially decadent Tree Grouping M Lanceleaf cottonwood, Populus acuminata 2 2.5’ - 3’ 1 partially decadent; native Siberian elm, Ulmus pumila 1 3’ Tree Grouping N - Residential Landscape Trees Boxelder, Acer negundo Trees inside fencing; not counted or measured Eastern cottonwood, Populus deltoides Green ash, Fraxinus pennsylvanica Siberian elm, Ulmus pumila Tree Grouping O - Parking Lot & Residential Trees American elm, Ulmus americana 4 8” - 3.5’ Austrian pine, Pinus nigra 1 6” non-native Blue spruce, Picea pungens 1 7” native Boxelder, Acer negundo 7 2” - 6” multi-trunked Green ash, Fraxinus pennsylvanica 2 6” Ornamental plum (Neptune?), Prunus cerasifera(?) 1 5” non-native Siberian elm, Ulmus pumila 13 8” - 18” 1 partially decadent White poplar, Populus alba 3 6” - 5’ *Tree group letter designations correspond to tree groups depicted on Figure 1. T. Beck 8/26/15 Page 5 of 9 of Tree Group J. Photos 4 and 7 provide views of the east side and the south end, respectively of Tree Group K. The Riparian/Larimer County Canal No. 2 and connected Upland Woodland habitat areas (Tree Groups A, D, and E) create a continuous woodland riparian corridor associated with the Larimer County Canal No. 2. The Upland Woodland habitat parcel (Tree Group C) essentially creates an extension of riparian habitat into an upland area not supported by the Larimer County Canal No. 2. In the understory within these tree groupings, shrubs such as American plum, common buckthorn, and chokecherry (Prunus virginiana) provide additional habitat diversity, cover, and food sources for wildlife. Other tree stands listed in Table 1 also provide nesting and foraging habitat for a variety of bird species but surrounding development and mowed or limited understory plants in the other tree groupings, except for K and I, reduce their overall habitat value. Tree Groups K and I support greater woody species diversity and understory cover than Tree Groups B, F, G, H, J, L, M, N, and O but lack continuity with Tree Groups A, C, D, and E. The Riparian/Larimer County Canal No. 2 and the connected Upland Woodland habitat areas are the most valuable and unique habitat features within or near the Salud project area. In terms of vegetation and wildlife species diversity, wildlife habitat value, and potential to support sensitive plant and wildlife species, riparian, wetland, and seasonal aquatic habitat along Larimer County Canal No. 2 represent the most important habitats within or near the project area. These habitats are limited in areal extent along the Front Range and are usually only found in association with perennial and intermittent drainages and other sources of surface water. Wetlands and associated seasonal open water habitats provide foraging, resting, and breeding habitat for some urban adapted species of waterfowl such as mallard and Canada goose. Wetlands with herbaceous and woody vegetation cover also support a variety of other wildlife populations including small mammals, mammalian predators, songbirds, reptiles, and amphibians. Larger trees and snags in riparian habitats provide important foraging and/or nesting habitat for woodpeckers, variety of songbirds, and urban adapted raptors such as red- tailed hawk and great horned owl. The field survey located a large (~3-foot diameter) stick nest in the top of a large eastern cottonwood in Tree Group A (see Figure 1 and Photos 5 and 8). The nest was in good condition but unoccupied since the timing of the field survey was beyond the active nesting season of most raptors. However, based on the size and configuration of the nest and the fact that a red-tailed hawk vocalized and was flushed from Tree Group A, the nest was likely used by a pair of red-tailed hawks nest during the 2015 nesting season. The only other evidence of possible raptor nesting activity observed during the field survey was hole opening to a possible nest cavity in a large crack willow on the west side of Tree Group K. This cavity hole was of sufficient size to possibly support nesting by eastern screech owl. It could also be used for nesting by woodpeckers or songbird cavity nesters. Wildlife species, other than red-tailed hawk, observed in woodland habitats during the project area field survey were mourning dove, broad-tailed hummingbird, northern flicker, blue jay, black-capped chickadee, and house finch. In addition to these sighting, employees at a business adjacent to Larimer County Canal No. 2 indicated they often see and hear a great horned owl using the riparian corridor. (b) According to the Natural Resource Conservation Service (NRCS) soils mapping for the Salud project area (http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx), the predominant soils in the project area are Fort Collins loam, Nunn clay loam, and Nunn clay loam, wet. Fort Collins loam and Nunn clay loam are not classified as wetland (hydric) soils by the NRCS, but Nunn clay loam, wet is classified as a hydric soil. The Nunn clay loam, wet soils-mapping unit is located in the north central portion of Grass/Alfalfa Hayfield habitat, but no evidence of wetland vegetation or hydrology was found in this area. The only location where evidence of all three wetland parameters (hydric soils, wetland hydrology, and wetland vegetation), required by the U.S. Army Corps of Engineers (COE) for wetland determination, was found was within the embankments of Larimer County Canal No. 2. Wetlands along Larimer County Canal No. 2 in the project area are characterized by narrow (2 to 4 feet wide), linear stands of reed canarygrass (Phalaris T. Beck 8/26/15 Page 6 of 9 arundinacea) supported along the inner edge of the ditch banks. The wetland/upland boundary is defined by a relatively sharp transition in vegetation dominance from reed canarygrass in the wetlands to upland plants such as smooth brome at the top of the ditch banks. Wetlands along Larimer County Canal No. 2 were not delineated since development would not impact Larimer County Canal No. 2. Based on an estimated wetland width of 2 to 4 feet on both sides of the canal, wetlands within Larimer County Canal No. 2 in the Salud project area are well under 1/3 acre in size. Section 3.4.1 of the City’s Land Use Code stipulates a non-development buffer of 50 feet for wetlands of this size. Preliminary development plans for the Salud project call for a 50-foot setback from Larimer County Canal No. 2 which would satisfy the City’s wetland buffer requirement except for the development of a planned community garden adjacent to the north side of the canal. The plans also call for the removal of existing buildings within the 50-foot buffer along the south side of Larimer County Canal No. 2. The buffer setback would preclude direct impacts to wetlands within Larimer County Canal No. 2, assuming the proposed Salud Parkway bridge crossing of Larimer County Canal No. 2 would span the entire canal. However, it is uncertain if a community garden meets City standards for development activities within a buffer zone. (c) Western and northern portions of the Salud project area provide relatively unobstructed views of the Front Range foothills. (d) As indicated under (a & i) the project area supports little native vegetation. Native herbaceous species are restricted primarily to a few annual weeds. Eastern cottonwood, lanceleaf cottonwood, netleaf hackberry, American plum, and chokecherry are the only native woody species found in the project area. All trees 6 inches (dbh) or larger may be classified as significant by the City Forester. Siberian elm and Russian olive, however, are classified as nuisance trees by the City of Fort Collins, but all trees provide some perching, foraging, and nesting habitat value for songbirds. (e) There are no natural drainages on or near the project area. Larimer County Canal No. 2 is a constructed irrigation ditch that passes through the property. (f) The property was evaluated with regards to potential habitat for state and federal listed threatened and endangered species. Wetlands along Larimer County Canal No. 2 were judged to be the only areas that could possibly provide suitable habitat for three federal listed threatened species, Preble’s meadow jumping mouse (Zapus hudsonius preblei), Colorado butterfly plant (Gaura neomexicana coloradensis), and Ute ladies’-tresses orchid (Spiranthes diluvialis). An evaluation of their potential presence is provided in the following paragraphs. Suitable habitat for the jumping mouse is provided by low undergrowth consisting of grasses, forbs, or both in open wet meadows and riparian corridors or where tall shrubs and low trees provide adequate cover. Potential habitat includes wet meadow habitats, native hayfields, stream channels (perennial and intermittent), riparian habitats, or floodplains below 7,600 feet elevation in Colorado. Saturated wetlands supporting dense stands of cattail or bulrush do not provide suitable habitat conditions for the jumping mouse (U.S. Fish and Wildlife Service 1999; Armstrong et al. 1997)2. Suitable habitat conditions were judged to be absent for Preble’s meadow jumping mouse because of the very narrow extent of wetlands dominated by reed canarygrass and the adjacent presence of upland, non-native grassland and developed areas instead of moist native meadow. The Colorado butterfly plant is a short-lived, perennial herb endemic to moist soils in mesic or wet meadows of floodplain areas in southeastern Wyoming, north-central Colorado, and extreme western Nebraska. This early to mid-seral stage species occurs primarily in habitats created and maintained by streams active within their 2 Armstrong, D.M., M.E. Bakeman, N.W. Clippinger, A. Deans, M. Margulies, C.A. Meaney, C. Miller, M. O’Shea-Stone, T.R. Ryon, and M. Sanders. 1997. Report on habitat findings of the Preble’s meadow jumping mouse. Edited by M.E. Bakeman. Report presented to the U.S. Fish and Wildlife Service and the Colorado Division of Wildlife. 91 pp. U.S. Fish and Wildlife Service. 1999. Interim survey guidelines for Preble’s meadow jumping mouse. U.S. Fish and Wildlife Service, May 19, 1999. T. Beck 8/26/15 Page 7 of 9 floodplains with vegetation that is relatively open and not overly dense or overgrown. It is found on subirrigated, alluvial soils of drainage bottoms surrounded by mixed grass prairie at elevations of 5,000 to 6,400 feet (Spackman et al., 1997, Federal Register, 1998)3. Populations of this species are often found in lowdepressions or along bends in wide, active, meandering stream channels a short distance upslope of the actual channel. The plant requires early to mid-seral riparian habitats. Typical habitat is relatively open without dense or overgrown vegetation. It commonly occurs in communities dominated by redtop (Agrostis stolonifera) and Kentucky bluegrass on wetter sites and by wild licorice (Glycyrrhiza lepidota), Flodman's thistle (Cirsium flodmanii), curlycup gumweed (Grindelia squarrosa), and smooth scouring rush (Hippochaete laevigata) on drier sites. These areas are usually intermediate in moisture between wet, streamside communities dominated by sedges, rushes, and cattails, and dry shortgrass prairie (Federal Register 1998). Suitable streamside habitats for Colorado butterfly plant are nonexistent within the project area. Habitat for the Ute ladies'-tresses orchid typically consists of seasonally moist soils and wet meadows near lakes, springs, or perennial streams and their associated floodplains below 6,500 feet. Associated vegetation species typically include those with a "FACW" Corps of Engineers classification (Equisetum, Asclepias, Calamagrostis, Solidago, etc. genera) occurring in relatively open and not overly dense, overgrown, or over- grazed areas. This species prefers comparatively well-drained, high moisture content wetland soils that are not strongly anaerobic or composed of heavy clays. Conversely, sites consisting entirely of dense stands of reed canarygrass, those characterized by standing water including monocultures of cattails or three-square, dense clayey soils, or highly saline soils supporting a dense community of inland saltgrass (Distichlis stricta) are not considered to be habitat for this species (U. S. Fish and Wildlife Service memorandum: Plants - Spiranthes diluvialis, Ute ladies'-tresses orchid, dated November 23, 1992). Wetlands supported along Larimer County Canal No. 2 are comprised primarily of dense stands of reed canarygrass that do not create suitable habitat conditions for Ute ladies’-tresses orchid. (g) Past removal of native habitat has eliminated the potential for any special habitat features on the property other than significant trees and riparian habitat along and adjacent to Larimer County Canal No. 2. The raptor nest in Tree Group A also qualifies as a special habitat feature as well as Larimer County Canal No. 2 serving as a potential wildlife movement corridor. (h) Larimer County Canal No. 2 could provide a wildlife movement corridor for a variety of wildlife species that would not be found in areas of urban development, and is the only wildlife movement corridor within 500 feet of the project area. This canal originates at the Cache la Poudre (Poudre) River west of Cache la Poudre Junior High School and passes through relatively undeveloped land until reaching the Salud project area. South of the Salud project area, the canal passes through mostly developed sites until it drains into Warren Lake Reservoir or Mail Creek. Its value as a movement corridor south of the project area is restricted by numerous road crossings and underground segments. Larger mammals such as coyote, striped skunk, red fox, mule deer, and white- tailed deer may occasionally move along the Larimer County Canal No. 2 corridor and hunt or forage in undeveloped habitats in the Salud project area but its primary value as a movement corridor is for songbirds, urban-adapted waterbirds, and small mammals. Section 3.4.1 of the City’s Land Use Code stipulates a non-development buffer of 50 feet for irrigation ditches that serve as wildlife movement corridor. Preliminary development plans for the Salud project call for a 50-foot setback from Larimer County Canal No. 2 except for the development of a community garden. The setback requirement is based on a distance measured from the top of the ditch banks. The plans also call for the removal of existing buildings within the 50-foot buffer along the south side of Larimer County Canal No. 2. The buffer setback would maintain Larimer County Canal No. 2 as a wildlife movement corridor. However, the 3 Federal Register. 1998. Endangered and threatened wildlife and plants: proposed threatened status for the plant, Gaura neomexicana ssp. coloradensis. Federal Register: March 24, 1998 (Volume 63, Number 56) pp.14060-14065. Spackman, S., B. Jennings, J. Coles, C. Dawson, M. Minton, A. Kratz, and C. Spurrier. 1997. Colorado rare plant field guide. Prepared for the Bureau of Land Management, the U.S. Forest Service, and the U.S. Fish and Wildlife Service by the Colorado Natural Heritage Program, Fort Collins, Colorado. T. Beck 8/26/15 Page 8 of 9 proposed Salud Parkway bridge crossing of Larimer County Canal No. 2 may have relatively minor effects on the continuity of the corridor within the project area. This conclusion is based on the current presence of two existing road crossings of the ditch within the project area. It is uncertain if a community garden meets City standards for development activities within a buffer zone, but a community garden is unlikely to have an effect on wildlife movement unless the garden is fenced. (j) There is one issue regarding the timing of property development and ecological features or wildlife use of the project area. If the development proposal includes removal of any trees on the property or if construction occurs near an occupied bird nest during the raptor and songbird nesting season (February through July), these activities could result in the loss or abandonment of a nest and would be in violation of the federal Migratory Bird Treaty Act. Section 3.4.1 of the City’s Land Use Code stipulates the following regarding red-tailed and Swainson’s hawk nest sites. (a) No tree with an active nest shall be removed unless a permit for such removal has been obtained by the developer from the United States Fish and Wildlife Service. (b) To the extent reasonably feasible, trees that are known to have served as nest sites shall not be removed within five (5) years of the last known nesting period. If the tree is removed, it shall be mitigated in accordance with Section 3.2.1, Landscaping and Tree Protection Standards. (c) A temporary limit of development (LOD) of a four-hundred-fifty-foot radius shall be established for Red-tailed and Swainson's hawk active nest sites during the period from February 15 through July 15 of the first year of a multi-year development construction project. (k) Since the majority of the property proposed for development has been converted to development, Non-native Grassland/Weedy, and Grass/Alfalfa Hayfield habitats, project development would have little impact on natural habitats or important habitat features, other than existing trees on the property. Preliminary development plans indicate that trees in Tree Groupings F, G, N, and O would need to be removed for building and road development. Some trees in Group E along the north side of Larimer County Canal No. 2 would also likely be removed for development of the community garden. Trees determined to be significant on the property should be preserved to the extent possible. Removal of any trees classified as significant would need to be mitigated with replacement trees, as determined by the City Forester based on the Land Use Code. Additional mitigation plantings would also need to be made for loss of non-significant and nuisance trees providing wildlife habitat value. Since tree removal or construction near trees during the nesting season could result in the loss or abandonment of a nest, it is recommended that tree removal or construction near raptor or songbird nests occur outside of the nesting season (February 15 – July 31), or trees on or near the project area be surveyed to ensure lack of nesting prior to removal or construction activities during the nesting season. This mitigation recommendation would preclude the possible incidental take or disturbance of occupied nests. City required stipulations for protection of the possible red-tail hawk nest and nest tree would also apply to protect nesting by this species. Current development plans indicate a development setback of 50 feet would be maintained from Larimer County Canal No. 2 except for a community garden. Currently much of the buffer area has been adversely impacted by development and/or landscaping associated with development. It is recommended that additional plantings with native shrubs and herbaceous species be completed within these previously disturbed areas and building envelopes within the buffer to enhance habitat diversity within the buffer zone and provide additional vegetation screening between Larimer County Canal No. 2 and proposed development. Any additional plantings would need to be in compliance with the ditch companies’ maintenance requirements for Larimer County Canal No. 2. One final mitigation recommendation is based on Article 3.2.4(D)(6) in the City of Fort Collins Land Use Code that requires protection of natural areas and natural features from light spillage from off site sources. Therefore, intensity of night lighting from the sides of structures facing the Larimer County Canal No. 2 buffer zone should T. Beck 8/26/15 Page 9 of 9 be shielded or directed to preclude the intrusion of artificial nighttime light into the landscaped buffer zone and adjacent Larimer County Canal No. 2 corridor. This concludes Cedar Creek Associates, Inc.’s evaluation of the Salud project area. If you have any questions or require additional information regarding my evaluation, please give me a call. Sincerely, INC. T. Michael Phelan Principal Senior Wildlife Biologist attachments: Photos 1-8 Figure 1, Habitat Mapping for the Salud Family Health Center Project Area