Loading...
HomeMy WebLinkAboutOLD TOWN NORTH FIFTH FILING REPLAT OF TRACT F - BDR190016 - SUBMITTAL DOCUMENTS - ROUND 1 - ECS REPORTPO Box 272150 Fort Collins, CO 80527 www.cedarcreekassociatesinc.com TO: Shannon Ellis, Northern Colorado Real Estate Developers FROM: Scott Benton, Cedar Creek Associates Inc DATE: October 4, 2019 SUBJECT: Ecological Characterization Memo for Tract F – Old Town North This technical memo was prepared to satisfy the requirements of Section 3.4.1 (D) (1) of the Land Use Code (LUC) and specific requests of the Environmental Planning Department of the City of Fort Collins (City) regarding the submittal of an Ecological Characterization Study (ECS) for proposed development projects. Tract F of the Old Town North development is a 0.18-acre parcel located in the southeast corner of the intersection of Suniga Drive and Jerome Street in Fort Collins, Colorado (Map 1). The project area is located in a black-tailed prairie dog (prairie dog, Cynomys ludovicianus) colony that historically covered approximately 50-acres, but has been reduced in size and population by prior development projects. Proposed development consists of three single family attached units, a mixed use building, four garages, and 16 parking spaces. Ecological characteristics of the property were evaluated on September 18th and 20th to 22nd, 2019. The field survey was conducted to characterize existing wildlife habitats, as well as identify any unique or sensitive natural resource features. 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. Visual census surveys of prairie dogs were conducted on September 20th, 21st, and 22nd, 2019 to 1) determine if any burrows on the project area were active, and 2) provide a population estimate of the active towns with the potential of migrating on to the project area. Photographs showing representative views of existing habitats were also taken to document site conditions. Wildlife presence and habitat use was based on visual census estimates, 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. 2 The following provides a summary of information required by the City’s LUC Section 3.4.1 (D) (1) items (a) through (l). Photographs are provided in Appendix A, visual census survey methodology and results in Appendix B, and a conceptual prairie dog removal plan in Appendix C. ECOLOGICAL STUDY CHARACTERIZATION CHECKLIST (a & j) The property has been disturbed by previous development projects and is currently used as a staging area for construction equipment and materials. Existing habitats consist almost entirely of disturbed/weedy/noxious species (lambsquarters – Chenopodium album, field bindweed – Convolvolus arvensis, etc.) and five mature trees in the sidewalk median (two green ash – Fraxinus pennsylvanica and three basswood – Tilia americana). Other than the fact that the area was recently an active prairie dog colony, the wildlife habitat value of the project area is generally very low because of past clearing of the site, dominance by non-native weedy species, and utilization of the site for construction staging. However, cosmopolitan species such as mice, voles, cottontail rabbit, and few urban- adapted songbirds such as house sparrow, American robin and western meadowlark are typical species associated with project area habitats. Trees on the property could be used for perching, nesting, and foraging by raptors and urban-adapted songbirds. No evidence of past nesting use by songbirds or raptors in the trees or adjacent to the property was observed during field surveys. Prairie Dog Colony The former 50-acre colony was roughly bounded by Conifer Street to the north, Redwood Street to the east, the Josh Ames/Lake Ditch to the south, and the commercial development on the east of side of College Avenue to the west. Development projects (residential, roads, and commercial) have since fragmented the colony in to three non-contiguous active sites (Map 1) – active prairie dog town 1 (APD 1) (1.23 acres, 24 individuals), ADP 2 (1.77 acres, 15 individuals), and ADP 3 (0.55 acres, 2 individuals). There have been a number of measures taken to remove prairie dogs from the colony, including those in the project area. In 2018, a fumigant was applied on July 4. Passive relocation efforts were initiated in the second half of August by Northern Colorado Prairie Dog Advocates (NCPDA), and continued until live trapping occurred from October till Thanksgiving (November 22). Trapped prairie dogs were relocated to Cathy Fromme Prairie Natural Area (Helen Taylor, NCPDA, personal communication). In 2019, a fumigant was applied on June 14 followed by an application of rodenticide bait on August 12 (Krysta Heath, Townhomes at Old Town North HOA, email communication). 3 No evidence of prairie dog utilization in the project area was observed during visual census surveys, which is corroborated by evidence of inactivity of the 13 burrows observed on site: spider webs and vegetation across the openings combined with a lack of trails, scat, and tracks (Appendix A, Photo 3). Two prairie dogs were observed in APD 3 adjacent to the project area, 15 were observed in APD 2, and 25 in APD 1 (Appendix B). (b & f) There are no wetlands or natural drainages on the project area. (c) The view of the Front Range foothills from the project area is obstructed by mature trees and development to the west. (d & e) As indicated in Section (a & j), the project area supports little native vegetation, and possible significant trees and shrubs are restricted to the median; species and quantity, City Forester inventory project area. (g) Although unlikely the potential for burrowing owl (Athene cunicularia), considered a threatened species in Colorado Parks and Wildlife (CPW Threatened and Endangered List) and a City of Fort Collins species of interest (Natural Areas Department Restoration Plan 2016-2025), is possible due to the presence of prairie dog burrows in the project area. (h) Aside from abandoned prairie dog burrows that could be utilized by burrowing owls, adjacent residential conversion and utilization of the project area as a construction staging site has eliminated the potential for any special habitat features. (i) The project is surrounded in all directions by roads, commercial, and residential development, and therefore does not provide any wildlife movement corridors. (k) Because of the lack of natural habitat features and lack of prairie dog presence on the project area, there are only two issues regarding the timing of property development and ecological features or wildlife use of the project area. 1) Burrowing owls arrive in Colorado breeding grounds in late March and migrate to wintering grounds in late October. CPW recommends conducting surveys for the presence of burrowing owls from March 15 to October 31 if ground disturbance is expected during that time frame. 2) If development requires removal of any trees or if construction occurs near an occupied bird nest during the songbird nesting season (March through July), these activities could result in the loss or abandonment of a nest and may be in violation of the federal Migratory Bird Treaty Act. (l) Project development would have little to no impact on natural habitats or important habitat features for a variety of reasons - the entire project area has already been cleared (except for the trees), has previously undergone prairie dog removal treatments, is dominated by weedy species, and is used as a construction staging site. Nevertheless, it is recommended that the existing trees be preserved to the extent possible, unless they are in 4 poor condition. Based on the LUC removal of any trees classified as significant would need to be mitigated with replacement trees, as determined by the City Forester. Burrowing owl surveys should be conducted according to CPW’s recommended protocols prior to ground disturbance activities if those activities are anticipated to occur March 15 to October 31. Because 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 trees occur outside of the nesting season (March – July 31), or trees 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 active songbird or raptor nests. Although no prairie dogs were observed on the project area, a conceptual prairie dog removal plan (Appendix C) will be formulated due to the presence of active colonies on immediately adjacent properties. Prairie dogs are a mobile species and the development review process can be lengthy, therefore re-colonization of the burrows on the project area should be anticipated. 5 Map 1. Tract F – Old Town North Project Area, Active Prairie Dog (APD) Towns, and Observation Points 6 Appendix A Photo Log Photo 1: Northwest corner, looking southeast. Photo 2: Northeast corner, looking southwest. 7 Photo 3: Example of an inactive burrow – trash in the opening; vegetation growing on mound and in opening; lack of scat, fresh dirt, and trails. 8 Appendix B Prairie Dog Visual Census Methodology and Results Visual census methods provide a rapid, inexpensive approach for indexing the total size of prairie dog populations1. The following methodology was utilized: At least 24 hours prior to initiating the census the area was surveyed on foot to determine the boundaries of the colony to be observed, and an observation point was located from which the entirety of the colony could be observed. After arrival at the observation point the observer stayed in a vehicle to avoid alarming the prairie dogs and allowed 3-5 minutes for the prairie dogs to acclimate to his presence. Weather was noted, paying particular attention to temperature, cloud cover, and wind speed, as well as the presence of other factors affecting prairie dog behavior (presence of predators, pedestrians, unusual loud noises, etc.). A scan was made with 10x binoculars across the entire colony in only one direction to avoid repeat counting of individuals. Five minutes were allowed to pass between scans, and a total of three scans were made each day at each colony. This process was repeated for three consecutive days. The highest number of prairie dogs observed on a single pass over the course of the three days was used as the population estimate. The results from surveys conducted on September 20, 21, and 22, 2019 are summarized below in Table 1. Locations of the colonies and observation points can be seen on Map 1. 1 Menkens, GE and Anderson, SH (1993) Mark-recapture and visual counts for estimating population size of white-tailed prairie dogs. From ‘Proceedings of the symposium on the anagement of prairie dog complexes for the reintroduction of the black-footed ferret.’ US Fish and Wildlife Service, Biological Report 13, July 1993. 9 Time # of Individuals Time # of Individuals Time # of Individuals Project Area 7:24 0 7:30 0 7:35 0 0 APD 3 7:24 0 7:30 1 7:35 2 2 APD 2 7:41 2 7:46 1 7:51 1 2 APD 1 8:04 16 8:09 14 8:14 11 14 Weather: Clear skies, 52°F, 0-2 mph breeze Comments/Observations (Predators, Raptor Activity, Pedestrians, etc.): Time # of Individuals Time # of Individuals Time # of Individuals Project Area 9:14 0 9:19 0 9:24 0 0* APD 3 9:14 2 9:19 1 9:24 1 2* APD 2 9:29 10 9:34 13 9:39 15 15* APD 1 9:48 11 9:53 13 9:58 24 24* Weather: Clear skies, 65°F, 0-3 mph breeze Comments/Observations (Predators, Raptor Activity, Pedestrians, etc.): Time # of Individuals Time # of Individuals Time # of Individuals Project Area 9:21 0 9:26 0 9:31 0 0 APD 3 9:21 1 9:26 1 9:31 1 1 APD 2 9:35 4 9:40 15 9:45 6 15 APD 1 9:58 13 10:03 11 10:08 11 11 Weather: Clear skies, 54°F, 0-3 mph breeze Comments/Observations (Predators, Raptor Activity, Pedestrians, etc.): *Highest counts observed over the three day observation period Lessened level of background noise (construction activity, vehicular traffic, etc.) due to being Sunday Cooper's hawk perched on new 4-story construction approximately 125 yards due east of APD 2; Lessened level of background noise (construction activity, vehicular traffic, etc.) due to being Saturday 22-Sep-19 Colony ID Pass 1 Pass 2 Pass 3 Max # of Individuals Tract F - Old Town North Prairie Dog Visual Census Results Colony ID Pass 1 Pass 2 Pass 3 Max # of Individuals Pass 1 Pass 2 Pass 3 Colony ID Max # of Individuals 20-Sep-19 Swainson's hawk soaring overhead upon arrival and hunting during during Pass 2 at APD 2; Pedestrian walked through APD 2 during Pass 3; High level of background noise (construction activity, vehicular traffic, etc.) 21-Sep-19 10 Appendix C Conceptual Prairie Dog Removal Plan for Tract F – Old Town North Section 3.4.1 of the City of Fort Collins’ Land Use Code (LUC) specifies that prairie dog colonies equal to or greater than one acre in size warrant protection or mitigation. Tract F of Old Town North is approximately 0.18 acres, beneath the one acre threshold, but is part of a fragmented colony that once encompassed approximately 50 acres. As such, natural resource protection standards apply. Possible mitigating actions include on- or off- site habitat enhancements, payment-in-lieu, trap and donate, passive relocation, and active relocation. In all cases, 1) Coordination with City staff is required to insure all applicable LUC standards are satisfied, and 2) a burrowing owl survey must be conducted by a qualified ecological professional prior to eradication of prairie dogs from a site. Site Description and Historical Removal Efforts The former 50-acre prairie dog colony has been fragmented and reduced in size by prior developments, and presently consists of three active pockets as shown on the Ecological Characterization Study (ECS) Map 1. A silt fence on the western side of Jerome Street currently separates APD 3 from the project area, but silt fences are only a deterrent to prairie dogs and do not serve as a permanent barrier. The history of prairie dog removal efforts undertaken most recently, 2018 and 2019, are also detailed in the ECS. Efforts included passive relocation, active trapping and relocation, and lethal treatments (fumigation and bait). Visual census surveys revealed no prairie dogs present in the project as of September 22, 2019. Recommended Actions Prairie dogs are a mobile species and easily repopulate abandoned burrow systems, and a likely scenario is for the two prairie dogs present in APD 3 to eventually spread into the project area. To prevent this situation, the recommended course of action is to seek permission from the property owner immediately to the west of the project area on which the two prairie dogs live to actively remove the prairie dogs. Live trapping is recommended in this scenario due to lower level of effort that would be required for a small population. Trapping methodology would require City Environmental Planner approval. Trapped individuals could be donated to an approved recipient program such as the Black-footed 11 Ferret Program (USFWS) or a raptor rehabilitation organization. Donation of trapped prairie dogs is preferential in this scenario versus relocation due to the small number of individuals. A second recommendation involves passive preventative methods. A silt fence in poor repair currently runs east-west along the northern border of the project area for erosion control purposes. The already existing silt fence should be repaired and new silt fence installed to completely encompass the entire perimeter of the project area and serve as an additional impediment to prairie dogs. Erecting additional silt fence would force prairie dogs from APD 3 to cross two silt fences as well as Jerome Street. Additionally, the inactive burrows located on the project area should be filled with rocks and dirt to discourage use, and re-filled should they be uncovered at any point. Quick implementation of recommended actions would be advantageous to prevent re- establishment of prairie dogs in the project area. Delayed action will 1) increase the likelihood that prairie dogs will re-populate the project area, and 2) allow time for the current low population in neighboring areas to increase in size, thus increasing the level of effort required to remove individuals in the future.