HomeMy WebLinkAboutMOUNTAIN'S EDGE (FORMERLY 2430 OVERLAND TRAIL - RESIDENTIAL) - PDP - PDP160045 - CORRESPONDENCE - ENVIRONMENTAL REPORT1
Date: March 23, 2017
From: Stephanie Blochowiak, Senior Environmental Planner (Interim)
Re: City of Fort Collins Tree Removal Timing and Songbird Nesting
To Whom It May Concern,
Explained below are City of Fort Collins policies related to tree removal timing and
development projects, in addition to federal regulations associated with nesting songbirds.
This memo is in response to an inquiry regarding Front Range Village Lot 1, parcel
number: 87324-10-001.
Item 1: Tree Removal Timing
No tree removal is to occur prior to issuance of a Development Construction Permit (DCP)
as this is considered construction site work in the City of Fort Collins. Construction site
work cannot begin prior to DCP for any project. Land Use Code Division 3.2.1(C) requires
developments to submit a landscape and tree protection plan, and if receiving water
service from the City, an irrigation plan, that: "...(4) protects significant trees, natural
systems, and habitat, and (5) enhances the pedestrian environment.” A significant tree is
defined as one having DBH (Diameter at Breast Height) of six inches or more. If any trees
within a site have a DBH greater than six inches, City Forestry determines the status of
existing trees and mitigation requirements for the development.
Additionally, the following note is included on plans:
“NO TREES SHALL BE REMOVED DURING THE SONGBIRD NESTING SEASON (FEBRUARY 1 TO JULY
31) WITHOUT FIRST HAVING A PROFESSIONAL ECOLOGIST OR WILDLIFE BIOLOGIST COMPLETE A
NESTING SURVEY TO IDENTIFY ANY ACTIVE NESTS EXISTING ON THE PROJECT SITE. THE SURVEY
SHALL BE SENT TO THE CITY ENVIRONMENTAL PLANNER. IF ACTIVE NESTS ARE FOUND, THE CITY
WILL COORDINATE WITH RELEVANT STATE AND FEDERAL REPRESENTATIVES TO DETERMINE
WHETHER ADDITIONAL RESTRICTIONS ON TREE REMOVAL AND CONSTRUCTION APPLY.”
The aforementioned note is aligned with the Federal Migratory Bird Treaty Act (MBTA) and
City of Fort Collins Land Use Code Division 3.4.1, Natural Habitats and Features.
Planning, Development and
Transportation Services
Planning Services
281 North College Ave.
P.O. Box 580
Fort Collins, CO 80522-0580
970.221.6750
970.224.6134 - fax
fcgov.com/currentplanning
2
Item 2: Federal Migratory Bird Treaty Act (MBTA)
The MBTA is administered by the United States Fish and Wildlife Service (USFWS) and
specifies that it is illegal to “take” migratory birds, their eggs, feathers or nests without a
permit. Nearly all birds native to the United States, including their nests and eggs, are
protected under the MBTA; non-native birds and introduced game birds are not covered.
Despite the name, this law protects native species that are non-migratory and migratory,
thus, birds spending their entire life in the same area (such as the City of Fort Collins
Growth Management Area) are afforded full protection under the MBTA.
There are options available for discouraging birds from nesting in a project area, as long
as the birds are not killed or injured, and are not sitting on active nests. Inactive bird nests
in a project area can be removed; an inactive nest is one without eggs or chicks present.
The MBTA is a Federal regulation applying to all lands, public and private and there is a
strict liability statute, meaning parties are responsible for compliance regardless of their
knowledge of the law.
Summary
No trees, especially those with DBH of greater than six inches, are to be removed prior to
issuance of DCP, and best practices for tree removal (when it does occur) includes
checking for active nests prior to removal. City Staff acknowledge there are challenges
associated with estimating development and construction project timelines; there are often
delays in project reviews and construction timelines, for a myriad of reasons. Moving
forward, it is best to: a) adhere to the development review and construction planning
processes currently in place, b) remain in good communication with City Staff to navigate
development standards on a project by project basis, and c) directly contact myself or
Rebecca Everette, Senior Environmental Planner, with further questions.
Sincerely,
Stephanie Blochowiak
Senior Environmental Planner (Interim)
Community Development and Neighborhood Services
City of Fort Collins
970.416.4290
sblochowiak@fcgov.com
Cc: Ted Shepard, Chief Planner
Clay Frickey, City Planner
Tim Buchanan, Manager of Forestry / City Forester
Ralph Zentz, Senior Urban Forester