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HomeMy WebLinkAboutKECHTER TOWNHOMES - PDP200010 - - ECS REPORT (3) 3620 Kechter Road Ecological Characterization Study December, 2020 i Table of Contents 1.0 Introduction ............................................................................................................................. 1 2.0 Site Description ........................................................................................................................ 3 3.0 Methods .................................................................................................................................. 3 3.1 Desktop Review .................................................................................................................. 3 3.2 Site Assessment .................................................................................................................. 5 4.0 Results .................................................................................................................................... 5 4.1 Vegetation .......................................................................................................................... 5 4.2 Wetlands ............................................................................................................................ 7 4.3 Top of Bank Delineation ....................................................................................................... 8 4.4 Wildlife ............................................................................................................................... 8 4.4.1 Big Game ........................................................................................................... 8 4.4.2 Predators ........................................................................................................... 8 4.4.3 Other Mammals .................................................................................................. 9 4.4.4 Raptors .............................................................................................................. 9 4.4.5 Bald Eagles ...................................................................................................... 10 4.4.6 Upland Game Birds ........................................................................................... 13 4.4.7 Waterfowl and Shorebirds ................................................................................. 13 4.4.8 Migratory Songbirds .......................................................................................... 13 4.4.9 Amphibians, Reptiles, Aquatic Species ................................................................ 13 4.5 Sensitive and Special Status Species ................................................................................... 14 4.6 Wildlife Migration Corridors ................................................................................................ 15 4.7 General Ecological Functions .............................................................................................. 15 4.8 Prominent Views ............................................................................................................... 15 5.0 Mitigation Measures and Recommendations .............................................................................. 16 6.0 Literature Cited and Data Sources ............................................................................................ 17 ii In-text Figures and Tables Figure 1. Site Overview .................................................................................................................... 2 Figure 2. Bald Eagle Habitat Features .............................................................................................. 12 Table 1. Special Status Species with Potential to Occur on Site .......................................................... 14 Appendices Appendix A – Bald Eagle Roost Survey Protocol 1 3620 Kechter Road Ecological Characterization Study 1.0 INTRODUCTION TWG Development LLC (Applicant) proposes an affordable housing development at the 3620 Kechter Road property (Site) currently owned by the City of Fort Collins (City). The Site will be acquired from the City’s Land Bank program after completion of the development process, in the effort to expand affordable home ownership opportunities in the Fort Collins area, which are currently of limited availability. The planned development will consist of income-restricted one- to four-bedroom homes for sale that will remain permanently affordable for households making less than 80% of the area median income. Typically, an Ecological Characterization Study (ECS) is required when a proposed development is within 500 feet of natural features depicted in the City’s Natural Habitats and Features Inventory Map or known natural habitats of high ecological value. This requirement was initially waved by the City, however was re- instated after comments from the public were received reporting potential bald eagle usage of the Site. Therefore, this Ecological Characterization Study (ECS) has been prepared in accordance with Article 3, Section 3.4.1 of the City’s Land Use Code (LUC 3.4.1). LUC 3.4.1 stipulates development buffer zones of varying sizes be applied to the specified natural habitats and features on the Site. This ECS summarizes the results of field evaluations conducted on Site and its nearby vicinity on July 23, 2020. An additional Site visit occurred on December 10, 2020 to photograph the Site, during which time all incidental wildlife observations were recorded and included in these results. July field evaluations included characterization of vegetative communities, observations of noxious weeds, a wetland evaluation, a top of bank evaluation, wildlife observations, raptor nest and potential habitat evaluation, wildlife habitat evaluations, and a special status species survey. In addition, mitigation recommendations to protect and/or improve the ecological value of the Site are presented, as well as applicable buffer zones and Site-specific mitigation obligations required by the City of Fort Collins. Finally, opportunities to protect and/or enhance the ecological value of the Site have been provided as additional mitigation recommendations. 2 3 2.0 SITE DESCRIPTION Figure 1 displays an overview of the Site. The Site is located at 3620 Kechter Road in eastern Fort Collins. It lies on the north side of Kechter Road near the Jupiter Drive intersection, adjacent to the southeast corner of Twin Silo Park. The northern and eastern boundaries of the Site are bordered by residential homes within the Observatory Village community. The southern boundary of the Site is adjacent to Kechter Road, beyond which lies Radiant Park. The western boundary of the Site is contiguous to Twin Silo Park, which features a small pond just further than 50 feet from the Site’s border. The Site spans approximately 4.7 acres and encompasses existing infrastructure, including a 3-bedroom house, a detached garage, two sheds, and other small built features. The remainder of the Site is currently undeveloped and consists of non-native pastureland vegetation and mature cottonwood trees in the northwestern and southeastern corners of the Site. The Site was mowed at the time of the July evaluation. Topography on Site is fairly level and consistent, though there is general upward slope from all directions towards the center of the Site, which is slightly elevated. 3.0 METHODS Field surveys were conducted on July 23 by Cedar Creek’s ecologist Allison Robinson. Ms. Robinson has three years of experience in the environmental consulting industry, during which she has performed wildlife surveys for a variety of species, as well as habitat classification and characterization evaluations in both urban and rural areas. She is familiar with City development requirements and has both supported and managed several ECS’s in the Colorado foothills region. Mr. Trey Barresi, Cedar Creek’s wildlife biologist, provided monitoring protocol and habitat evaluation guidance for this ECS. Mr. Barresi has 8 years of experience in wildlife surveying, including avian surveys for bald eagles and other raptors (both on the ground and aerially). He has written monitoring plans, conservation plans, and habitat assessments for bald eagles and is knowledgeable in identifying and evaluating bald eagle and other raptor habitat. 3.1 Desktop Review A data review was conducted to gather information and assist in the identification and evaluation of natural and biological resources within the Site and nearby vicinity. The data review included review of online resources and publications to determine the potential presence of important natural and biological resources and inform an understanding of their characteristics, quality, and ecological value. This data review included: 4  USFWS Federally Listed and Proposed Endangered, Threatened, and Candidate Species and Critical Habitat as identified by the USFWS Information, Planning, and Conservation System (IPaC) Official Species List and Critical Habitat Mapper;  The Colorado Natural Heritage Program database statewide species and natural community tracking list for Larimer County;  Colorado Parks and Wildlife (CPW) Threatened and Endangered Species List;  City’s Natural Areas Species of Concern list (Restoration Plan 2016-25, 2016);  The City’s Natural Habitat and Features Inventory Map (2000);  The Colorado Wetland Inventory (CWI); and  USFWS National Wetlands Inventory (NWI); Public response to the proposed development included various accounts of bald eagle habitat usage within and near the vicinity of the Site. To ensure due diligence, a vigorous data review was conducted to gather information regarding known and potential bald eagle habitat usage within and near the vicinity of the Site, as well as across a larger region that encompasses eastern Fort Collins. Sources and publications utilized to address these observations included the following:  Bald and Golden Eagle Protection Act (BGEPA);  Migratory Bird Treaty Act (MBTA);  National Bald Eagle Management Guidelines (USFWS 2007);  Bald and Golden Eagles: Status, Trends, and Estimation of Sustainable Take Rates in the United States Status Report (USFWS 2016a);  Eagle Incidental Take and Eagle Nest Take Permit Regulations (USFWS 2016b);  USFWS Updated Eagle Nest Survey Protocol (2020);  CPW Raptor Monitoring Volunteer Program Handbook (2018);  CPW Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors (2020);  CPW All Species Activity Mapping GIS data and associated definitions publication (CPW 2020, n.d.); and  Personal communication with the Rocky Mountain Raptor Program (2020). A desktop analysis of aerial imagery and GIS analysis of mapped habitat (CPW, 2020b) was completed prior to field efforts to identify potential bald eagle habitat on and in the regional vicinity of eastern Fort Collins. The Fort Collins Audubon Society, Rocky Mountain Bird Conservatory, and Rocky Mountain Raptor Program were contacted in an effort to obtain GIS data or other information on bald eagle nest locations in the southeast Fort Collins Region. The Rocky Mountain Raptor Program was successfully contacted, though no GIS data regarding bald eagle nesting sites within or near the Site was available. 5 3.2 Site Assessment The July field evaluation included characterization of vegetative communities, observations of noxious weeds, a wetland evaluation, a top of bank evaluation, wildlife observations, raptor nest survey and habitat evaluations, wildlife habitat evaluations, and a special status species survey. Incidental wildlife observations were also recorded during a Site visit in December. Desktop and field evaluations included a significant focus on analysis of potential bald eagle habitat within and in close proximity the Site. A habitat evaluation for potential nesting, foraging, and roosting bald eagle habitat occurred in July, the results of which are summarized in this ECS. Suitable bald eagle habitat was qualitatively evaluated for characteristics such as visibility of the surrounding landscape, proximity to a potential prey base, proximity to natural and anthropogenic features of note, and other relevant observations. Additionally, raptor nests located during habitat evaluations were recorded for further ev aluation during the winter raptor nest survey. Winter roosting surveys and a raptor nest survey are planned for the 2020-2021 winter season to ensure accordance with City and CPW guidelines. The winter nest survey should be conducted before leaf-out to ensure nests can be visually identified. The methodology for the winter roost survey can be found in Appendix A. 4.0 RESULTS 4.1 Vegetation Vegetation communities on Site include non-native herbaceous upland and forested upland and are displayed on Figure 1. The Site is dominated by a non-native herbaceous community with two distinct expressions. Across most of this community, non-native vegetation is a mix of cheatgrass (Bromus tectorum) – a C list noxious weed, crested wheatgrass (Agropyron cristatum), Kentucky bluegrass (Poa pratensis), and forbs such as western tansymustard (Descurainia pinnata) and tall tumblemustard (Sisymbrium altissimum). It is possible that other noxious weed species are present on Site; mowing just prior to evaluation may have precluded their identification. A monoculture of summer cypress (Kochia scoparia) dominates the remainder of the Site. This vegetation community exhibits limited ecological value due to the low forage quality for wildlife, presence of noxious weeds, and proximity to urban developments. The forested upland community is dominated by tall, mature cottonwood trees. The understory is dominated by non-native herbaceous vegetation consistent with the rest of the Site. This community provides excellent hunting perches, cover, and potential nesting habitat for raptor species more acclimated 6 to anthropogenic stressors and disturbances. Though this community provides valuable benefits to wildlife, its overall ecological value has been diminished by proximity to urban developments, traffic and other noisy disturbances, and high human activity in the direct vicinity. This stand may be considered a significant stand of vegetation and should be evaluated by the City’s Fores try Department for an official determination. Non-native Herbaceous Community – Mixed Non-native Herbaceous Community – Summer Cypress Monoculture 7 Upland Forested Community 4.2 Wetlands CWI and NWI do not report any wetlands present on Site and field evaluations asserted that the Site did not exhibit vegetative, soil, or hydrologic indicators indicative of a true wetland. Wetland evaluations were performed during the growing season to ensure wetland species identification can be conducted appropriately and in accordance with the U.S. Army Corps of Engineers (USACE) wetland delineation methodology. Results indicated no evidence of live or senesced potential wetland vegetation was present, or other wetland indicators related to soil and/or hydrology that may indicate wetland conditions earlier in the growing season. In the nearby vicinity of the Site, three features are reported by CWI and NWI. The pond in Twin Silo Park just west of the Site is depicted as a freshwater pond and classified as an excavated feature. Field surveys confirmed the pond is engineered; it is lined and is not naturalized. CWI and NWI report a riverine in the general vicinity of Muskrat Ditch, though aerial imagery and field evaluations do not suggest any evidence of its current or recent existence. Wetland mapping reports that Muskrat Ditch is a 1.6-acre freshwater emergent wetland, which would stipulate a 100-foot buffer per the LUC (as it is not used significantly by waterfowl). City maps (2013) 8 indicate Muskrat Ditch is an irrigation canal, and as such, may be subject to a 50-foot buffer requirement for irrigation ditches used as wildlife corridors. Field evaluations assert the reach within the vicinity of the Site is likely utilized to some degree as a wildlife corridor, and may exhibit sporadic, incidental wetlands. However, potential wetland areas do not exceed 1/3 of an acre, and thus would require only a 50-foot buffer. Ultimately, the Site is at least 200-feet from mesic vegetation, and therefore a more detailed study is not warranted as neither wetland buffer nor migration corridor buffer has potential to overlap with Site boundaries. No other wetlands were reported or identified in the field within or in the immediate vicinity of the Site. Historical imagery dating to 1999 does not reveal any major changes in vegetation, topography, or stream/ditch channels that would indicate previously existing wetlands or different hydrological regime. 4.3 Top of Bank Delineation No top of bank delineation was required for the Site. The nearest aquatic habitat is the pond in Twin Silo Park which is over 50-feet from the Site. It is not naturalized and therefore does not require a buffer under the LUC. 4.4 Wildlife 4.4.1 Big Game No big game was observed on the Site during the July field survey. No crucial big game habitats are recognized on Site. The value of the Site and adjacent areas to big game is low due to its proximity to urban development and anthropogenic stressors, low-quality forage, and lack of available cover. Just outside the Site boundaries, Muskrat Ditch and the associated vegetation could provide some marginal cover/shelter for big game, but given the surrounding residential and commercial complexes and proximity to Kechter Road, the likelihood that big game would frequently utilize the ditch, and by association the Site, is low. 4.4.2 Predators No predators were observed on Site during field surveys. Mid-sized predators adapted to urban ecosystems may occasionally utilize the Site, including red fox (Vulpes vulpes) and coyote (Canis latrans). Muskrat Ditch likely attracts some of these urban predators, and they may utilize the Site for hunting small mammals. However, its value to predators is still relatively low due to the lack of cover, proximity to urban developments, and noise associated with traffic and nearby parks. Habitat value to these predators will continue to decline as urban development increases. 9 4.4.3 Other Mammals Ground squirrels were the only mammal observed on Site during field surveys. A variety of small and medium sized mammal species are known to occur locally, although not observed during field surveys, including various small rodents including mice, rats, and chipmunks. Such prey species are cyclically common, widespread throughout the region, and are important food sources for raptors and other predators. Striped skunks (Mephitis mephitis) thrive in urban areas and semi-urban areas. No prairie dogs (Cynomys ludovicianus) were observed on or adjacent to the Site. 4.4.4 Raptors Bald eagles are discussed separately from the following raptor analysis in Section 4.4.5. A red-tailed hawk (Buteo jamaicensis) was observed adjacent to the Site during field efforts. One unidentified raptor nest was observed in a cottonwood in the southeastern corner of the Site. A raptor nest survey will be conducted during the winter months, when the trees are leafless, to evaluate activity in the known nest, as well as identify any raptor nests elsewhere in the vicinity of the Site. The prairie dog colony that exists approximately 2,300 feet from the Site provides potential burrowing owl (Athene cunicularia) habitat, however none were observed during the July 2020 survey. Raptor species known to occur in the region that may utilize the Site include turkey vulture (Cathartes aura), golden eagle (Aquila chrysateos), ferruginous hawk (Buteo regalis), Swainson’s hawk (Buteo swainsoni), northern harrier (Circus cyaneus), rough-legged hawk (Buteo lagopus), and prairie falcon (Falco mexicanus). Some of these species are year-round residents, some are seasonal visitors, and some are migrants. The cottonwood trees within and in the vicinity of the Site provide potential cover, foraging, and nesting habitat for many raptor species, in a manner consistent with that described for bald eagles (see Section 4.4.5). Species which tolerate urban noise and anthropogenic disturbance are more likely to frequent the Site, given the degree of human stressors in its direct vicinity. 10 Unidentified Raptor Nest On-Site 4.4.5 Bald Eagles No bald eagles (Haliaeetus leucocephalus) were observed during field surveys, however several reports of bald eagle use of the cottonwood trees within and adjacent to the Site’s boundaries indicate they utilize the Site. The location of these trees is displayed on Figure 1. Reports of bald eagle use often indicated multiple birds utilizing these cottonwoods at one time, behavior which is generally consistent with roosting activities. A winter roost survey will be conducted to evaluate if these trees are utilized by bald eagles as a winter night roost and/or communal roost. These cottonwoods are tall and mature, providing excellent hunting perches for raptors with a viewshed of habitat suitable for prey species, including reptiles, rodents, and a variety of small mammals. They may also support potential nesting habitat for bald eagles, however their value in this regard is diminished due to proximity to anthropogenic stressors such as human activity in the area (e.g. sports games, dog park, schools), noisy traffic, and proximity of urban developments. A desktop analysis was conducted to identify potential bald eagle habitat within a 2,640-foot radius Study Area from the Site for further field evaluation. This investigation was conducted to inform an understanding of the value of potential bald eagle habitat on Site within a regional context, as a supplement to winter bald eagle nesting and roosting surveys. Ultimately, the goal was to evaluate if the loss of potential bald 11 eagle habitat on Site due to development would constitute a significant portion of regionally available habitat and/or constitute significant loss of habitat in an area where suitable alternatives were not available. Aerial imagery was used to identify tree stands that could potentially serve as bald eagle foraging, nesting, and/or roosting habitat within the Study Area, as well as natural features that attract bald eagles and/or would be considered preferential habitat such as prairie dog communities and open bodies of water. Field evaluations focused on areas with large tree stands located in close proximity to features of note. Areas determined in the field to be high-quality foraging, roosting, and nesting habitat were denoted on a map and qualitatively described. Figure 2 displays the high-quality potential bald eagle identified during field surveys, as well as notable habitat features nearby. The area delineated as high-quality potential habitat encompasses several stands of cottonwood trees and a large, open body of water. These cottonwoods are relatively isolated from human stressors and foliage during the July surveys consisted of a dense and consistent crown layer of leaves, suggesting this area may be suitable for nesting. Additionally, they provide excellent hunting perches over open water, where birds may hunt for fish or other aquatic species. A large prairie dog colony is located less than 1000 feet to the east of this area, providing another food source that is reliable and preferential. The upland and riparian habitats along Muskrat Ditch to the northwest were highly varied during July surveys, suggesting that the supporting prey base here may be particularly diverse. The identified high-value potential habitat is just north of Fossil Creek Natural Area, an important known communal roost site for bald eagles in the region. Most cottonwood stands here are large enough to potentially protect sheltering eagles from winter elements, and each individual tree is large enough to host a sizable number of eagles. As such, it is possible that this area is used as a communal winter roost as well. Overall, this area would likely be considered high-value habitat to eagles (as well as other raptors) in that it supports suitable habitat for prey, foraging, nesting, and roosting (both individual and communal) and is adjacent to both open water and a prairie dog colony. It s proximity to the Site suggests it is an easily accessible and likely preferrable alternative to the Site for roosting, foraging, and nesting uses on both an individual scale and regional population scale. In addition to this area, there is ample potential bald eagle habitat in the nearby region, including resources along the Poudre River Corridor and Fossil Creek Reservoir. As such, it is unlikely that loss of habitat on Site due to development would result in significant impacts to the bald eagle population due to lack of comparable alternatives in either quality or quantity. 12 13 4.4.6 Upland Game Birds No upland game bird species were observed on Site during field evaluations. Upland game bird species that are common to the area and that may occur on Site include mourning doves (Zenaida macroura) and ring- necked pheasant (Phasianellus colchicus). 4.4.7 Waterfowl and Shorebirds No habitat exists on Site that support waterfowl or shorebirds, however the small pond and Muskrat Ditch are within the nearby vicinity of the Site and would likely be utilized by waterfowl and shorebirds for cover, foraging, and temporary stopovers during migration or regional movement. 4.4.8 Migratory Songbirds An American robin (Turdus migratorius) was observed on Site during field evaluations. No nests were observed during field surveys, though they may have been obstructed by leaf foliage. Common migratory songbirds in the region that may utilize the Site include black-capped chickadee (Poecile atricapillus), red- winged blackbird (Agelaius phoeniceus), and a variety of finches, sparrows, and warblers. The cottonwoods on Site support potential foraging, cover, and nesting habitat for migratory songbirds and it is likely that they frequent the Site. Though the ecological value of the remainder of the Site has been diminished due to dominance by non-native species, limited quality forage, and significant human stressors, nearby aquatic habitat may attract migratory songbirds to the Site by association. The pond and Muskrat Ditch just off-site likely host a variety of insects to forage upon in the spring and summer and cool water to bathe in during hot summer days. 4.4.9 Amphibians, Reptiles, Aquatic Species No amphibians, reptiles, or aquatic species were observed on Site during field surveys. Site use by these species is likely limited exclusively to reptiles given that no aquatic, wetland, or mesic habitat is present on Site. Though habitat quality for reptilian prey species has been diminished due to the low-quality forage, small mammals are common and widespread, and can likely be reliably found near the sheds, house foundation, and other infrastructure on Site. The small mammals likely to be on Site are suitable prey for reptile species such as the prairie rattlesnake (Crotalus viridis), eastern yellow-bellied racer (Coluber constrictor flaviventris), and plains hog-nosed snake (Heterodon nasicus). The pond in Twin Silo Park and Muskrat Ditch outside of the Site’s boundaries may provide some degree of habitat value for aquatic and amphibious species. Muskrat Ditch is likely to attract amphibians, reptiles, and aquatic species as it is naturalized and seems to be in good ecological condition based on visual 14 observations. The pond likely provides limited habitat value as the banks are unvegetated and artificially lined, supporting minimal cover for amphibians and foraging for aquatic species. 4.5 Sensitive and Special Status Species A current list of federally threatened, endangered, proposed, and candidate species, and designated critical habitat that may occur within the boundary of the Site and/or may be affected by the proposed development was obtained from the USFWS IPaC website (2020). Table 1 lists the species and their habitats. No suitable habitat for special status species is present on Site. No Preble’s jumping mouse habitat exists in Muskrat Ditch, nor elsewhere in close proximity to the Site. Table 1 3620 Kechter Road - Special Status Species with Potential to Occur on the Site Species Federal Status1 Habitat Habitat Present?Determination Mammals Canada Lynx Lynx canadensis North American Wolverine Gulo gulo luscus Preble's Meadow Jumping Mouse Zapus hudsonius preblei Birds Least Tern Sterna antillarum Mexican Spotted Owl Stri occidentalis lucida Piping Plover Charadrius melodus Whooping Crane Grus americana Fish Greenback Cutthroat Trout Oncorhynchus clarkii stomias Pallid Sturgeon Scaphirhynchus albus Flowering Plants Ute Ladies'-tresses Spiranthes diluvialis Western Prairie Fringed Orchid Platanthera praeclara Source: USFWS 2020 1DL = Delisted, E = Federally Endangered, T = Federally Threatened, PT = Proposed Threatened, C = Candidate T No No Effect No EffectNoSeasonally moist soils and wet meadows of drainages below 7000' elevation. No EffectNoLush vegetation along watercourses or herbaceous understories in wooded areas near water.T T Sandy beaches, sandflats, dredge islands, and drained river floodplains.No No Effect No EffectNoMoist boreal/subalpine forests in the W. US with cold, snowy winters and a high-density snowshoe hare prey base. T T This species inhabits cold water streams and lakes with adequate stream spawning habitat during spring.No No Effect PT Deep, persistent, and reliable snow cover. No No Effect No EffectNo Nesting/roosting habitat typically occurs either in well- structured forests with high canopy cover, large trees, and other late seral characteristics, or in steep and narrow rocky canyons formed by parallel cliffs with numerous caves and/or ledges within specific geological formations. T 2The bald eagle was removed from the fedarl list of T&E species in 2007, but it continues to enjoy protection under the Migratory Bird Treaty Act (MBTA)and Bald and Golden Eagle Portection Act (BGEPA). E Sparsely vegetated sandbars on large rivers and sand/gravel pits.No No Effect E Wetlands, inland marshes, lakes, ponds, wet meadows and rivers, and agricultural fields.No No Effect E Large, free-flowing, warm-water, and turbid rivers with a diverse assemblage of physical habitats.No No Effect T Tall grass prairie on unplowed, calcareous prairies, and sedge meadows. Upstream depletions to the Platte River system in Wyoming may affect the species in NE. 15 4.6 Wildlife Migration Corridors It is unlikely the Site functions as a wildlife migration corridor. Its general ecological function has been reduced by multiple human-induced stressors including high-density urban developments, activity associated with the schools and parks adjacent to the Site, and noisy traffic along Kechter Road that would likely deter wildlife due to noise and the danger of crossing. Urban-adapted wildlife more accustomed to noise and human presence may be more likely to utilize the Site, while the level of disturbance may deter other species from use. Additionally, the cottonwoods and smaller trees likely provide some degree of benefit to avian species as temporary cover during migration or regional movement. However, the Site’s characteristics and location does not suggest it would be a preferential pathway for wildlife movement in the immediate area or regional context. 4.7 General Ecological Functions The general ecological functions provided by the Site have been diminished by multiple human-induced stressors including adjacent residential development, commercial development, traffic and other noise from nearby streets and attractions, and dominance of non-native spe cies. Cottonwoods on Site support potential roosting, foraging, and nesting habitat for raptor species, though the extent of use is likely dependent on each species/individual bird’s tolerance of human-induced stressors. These cottonwoods also provide some degree of value to migratory songbirds in the form of cover, foraging, and nesting habitat. Though the remainder of the Site is dominated by non-native species, small mammals likely utilize these areas and attract reptiles to the Site. Beyond these characteristics, the Site provides limited functionality with regard to the provision of ecosystem services. Overall, ecological value of the Site is moderate at best. 4.8 Prominent Views Views across the Site to the west are met with Twin Silo Park, which is well manicured and includes a variety of features and facilities for recreational use. To the north and east, views are immediately met with residential homes and streets with minimal traffic. Views to the south are immediately met with Kechter Road, which is often quiet but can be loud with notable traffic, depending on the time of the day. Due to schools in the immediate vicinity, it is likely that there is notable traffic congestion in the morning and early afternoon during the typical school year. When traffic is light, Radiant Park captures the immediate viewshed, with views of a manicured park landscape and more naturalized habitats, such as Muskrat Creek. 16 5.0 MITIGATION MEASURES AND RECOMMENDATIONS Winter roosting surveys for bald eagles will be conducted to evaluate the type and extent of habitat usage of the cottonwoods on Site. The City has prepared site-specific mitigation requirements for bald eagle habitat on Site, as determined by the results of winter surveys. These requirements, as well as roosting survey protocol, are provided in Appendix A. Additionally, a raptor nest survey will be conducted during the winter months to evaluate the known nest and identify and evaluate any unknown nests in the nearby vicinity of the Site. Raptor nests identified during the winter nest survey would be subject to species-specific spatial and temporal buffers per CPW guidelines. Bald eagle nests identified during this survey may be subject to a 2,640-foot development buffer, which may or may not include seasonal restrictions, per the City’s LUC and CPW guidelines. The City mitigation requirements address only potential habitat on Site, and do not address the area identified as potential high-value potential bald eagle habitat during field evaluations. The high-value potential habitat area is located outside the 1,320-foot buffer stipulated for communal roosts per the LUC, and thus would not be subject to mitigation requirements or development restrictions. Some trees in the identified area may fall within City and/or CPW raptor nest buffers, as determined by the winter raptor nest survey. No other natural habitats or features requiring a buffer were identified on Site as defined by LUC 3.4.1 recommendations. The cottonwood trees on Site are potentially considered a significant stand of vegetation and thus would be subject to mitigation requirements determined by the Forestry Department. Additionally, it is recommended that ground-disturbing activities be conducted from late summer to end of fall to avoid the avian nesting and breeding season. If that is not compatible with construction schedules, additional surveys are recommended prior to commencement of ground-disturbing activities to ensure compliance with the MBTA. Light spillage is a potential impact to the natural resources on Site, as per LUC 3.2.4(D)(6). A lighting plan should be prepared to minimize lighting impacts to natural resources. Potential mitigation measures include shifting lot locations away from natural features; planting of native trees, shrubs, and vegetative communities in the non-developed areas on Site; and noxious weed control prior, during, and after construction. 17 6.0 LITERATURE CITED AND DATA SOURCES City of Fort Collins – Natural Areas Department. 2016. Restoration Plan 2016-2025. City of Fort Collins. 2000. Natural Habitat and Features Inventory Map. City of Fort Collins. 2013. City of Fort Collins Irrigation Canals. Colorado Department of Public Health and Environment (CDPHE). 2012. Colorado Nonpoint Source Program 2012 Management Plan, Appendix G. Colorado Parks and Wildlife. Threatened and Endangered Species List. https://cpw.state.co.us/learn/Pages/SOC-ThreatenedEndangeredList.aspx. Accessed 3/10/2020. Colorado Parks and Wildlife. 2016. Bald Eagle Factsheet and Habitat Scorecard. Denver, CO. Available at https://cpw.state.co.us/Documents/LandWater/WetlandsProgram/PrioritySpecies/Factsheet-and- Habitat-Scorecard_BaldEagle.pdf. Colorado Parks and Wildlife. 2018. Raptor Monitoring Volunteer Program Handbook. Colorado Parks and Wildlife. 2020a. Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors. Colorado Parks and Wildlife. 2020b. GIS All Species Activity Mapping Data. Colorado Parks and Wildlife. N.d. Colorado Parks and Wildlife GIS Species Activity Mapping Definitions Publically Available Data. Colorado Natural Heritage Program. Colorado Wetland Inventory. https://csurams.maps.arcgis.com/apps/webappviewer/index.html?id=a8e43760cb934a5084e89e 46922580cc. Accessed 3/10/2020. Earth Engineering Consultants. 2000. Preliminary Subsurface Exploration Report – Interstate Land Parcel, Prospect Road and I-25. The Coloradoan. 2018. Fort Collins Bald Eagles Attracting Many Watchers. The Coloradoan. Available at https://www.coloradoan.com/story/news/2018/02/02/fort-collins-bald-eagle-gathering-attracting- many-watchers/301717002/. US Fish and Wildlife Service. Information, Planning, and Conservation System (IPaC). https://ecos.fws.gov/ipac/. Accessed 3/10/2020. US Fish and Wildlife Service. National Wetlands Inventory (NWI) Wetlands Mapper. https://www.fws.gov/wetlands/. Accessed 3/10/2020. US Fish and Wildlife Service. 2007. National Bald Eagle Management Guidelines. 18 US Fish and Wildlife Service. 2016a. Status, Trends, and Estimation of Sustainable Take Rates in the United States, 2016 update. Division of Migratory Bird Management, Washington D.C., USA. US Fish and Wildlife Service. 2016b. Federal Register Vol. 81, No. 242 - Eagle Permits; Revisions to Regulations for Eagle Incidental Take and Take of Eagle Nests. US Fish and Wildlife Service. 2020. Updated Nest Survey Protocol. Division of Migratory Bird Management, Washington D.C., USA. Appendix A Roosting Survey Protocols and Mitigation Measures PO Box 272150 Fort Collins, CO 80527 (970) 988 - 3106   To: City of Fort Collins – Environmental Planning Department From: Cedar Creek Associates, Inc. Date: November 17, 2020 Subject: 3620 Kechter Road – Bald Eagle Roost Survey Protocol 1.0 Background Cedar Creek Associates, Inc. (Cedar Creek) has been contracted to evaluate the 3620 Kechter Road property (Site) and nearby vicinity for bald eagle (Haliaeetus leucocephalus) activity and potential habitat to satisfy City of Fort Collins (City) requirements under Article 3, Section 3.4.1 of the City’s Land Use Code (LUC 3.4.1). Observations of eagle use and potential roosting habitat within the vicinity of the Site indicate that a roosting survey is needed for the project to satisfy the City’s development procedures and requirements, specifically to establish which of the pre-defined mitigation measures, developed by the City, are applicable for development on Site (attached to the end of this document). This survey will determine whether any of the eight cottonwood trees on Site and single cottonwood tree just outside the northwest corner of the Site serve as bald eagle roosting habitat. This survey protocol was developed in accordance with the methodology presented in the Raptor Monitoring Volunteer Program Handbook (2018a) and Protocol for Bald Eagle Winter Roost Watch (2018b) provided by Colorado Parks and Wildlife (CPW). 2.0 Roosting Survey Protocol Study Area The study area to be surveyed includes the stand of eight cottonwood trees located within the southeast corner of the Site, one individual cottonwood on site to the west, and the nearest individual cottonwood tree just outside the northwest corner of the property. Figure 1 displays a delineation of the study area, as well as the locations of the 10 cottonwood trees that comprise the study area. Survey Schedule Roosting surveys will be conducted in accordance with CPW guidance. Winter roost surveys will occur between mid-December and early March. A total of eight dusk roost surveys will occur at regular intervals of one to two weeks.  2  3 Table 1 presents the proposed schedule for conducting roost surveys on Site, which has been developed in accordance with CPW specifications. Weather conditions unsuitable for bald eagle roost surveying include fog, snow, rain, or high wind (CPW 2018a, 2018b). Observations cannot be conducted during inclement weather, therefore, target dates may be adjusted by a few days to ensure proper surveying conditions.   Survey Methods Daily Timing The surveyor will begin observation at the pre-selected observation point no later than 30 minutes before sunset and end observation no earlier than 30 minutes after sun set. If bald eagles are observed still utilizing the study area in any capacity (loafing, roosting, hunting, or otherwise) at the completion of sunset, a dawn survey will be implemented the following morning. The surveyor will begin dawn survey observations no later than 30 minutes before sunrise and end the survey no earlier than 30 minutes after sunrise. At least two dawn surveys will be conducted following a dusk survey the night prior, regardless of bald eagle presence during the dusk survey. Observation Points The observation point selected for surveying is depicted on Figure 1. This observation point allows the surveyor to remain in the vehicle where the entire study area can be observed, and provides an excellent view of the flight paths to and from the potential roost trees. Sun glare from sunrise and sunset should not be problematic from the observation point. The observation point is approximately 1/5 of a mile away from the nearest cottonwood tree in the southeast corner of the Site, and ¼ mile from the cottonwood located in the northwestern corner of the boundary. Though a minimum distance of ¼ mile is recommended by CPW, the potential roost is located in an area with significant noise, traffic, and human activity occurs in the immediate vicinity. It is unlikely that surveying from this point will result in a notable increase in disturbance to the potential roost from existing conditions. Table 1. Roosting Survey Schedule Survey # Target Date 1 12/17/2020 2 12/28/2020 3 1/8/2021 4 1/19/2021 5 1/30/2021 6 2/10/2021 7 2/21/2021 8 3/4/2021  4 Collected Data A spotting scope or pair of suitable optics will be used by the qualified surveyor to observe the potential roosts. The Bald Eagle Non-Nesting Observation Data Sheet presented below will be completed for each survey (including dawn follow-ups) to record weather conditions, level of disturbance, and other environmental conditions occurring during the duration of the survey. All observations of loafing, roosting, foraging, or other non-nesting bald eagle activity will be recorded, as well as notable behavior and characteristics of the individual bird. Other raptor species observed will also be recorded. Photographs of bald eagle activity will be taken, if it is possible to do so without disturbing the bird. Additionally, photos of the potential roost will be taken at arrival for each dusk survey and prior to leaving for each dawn survey. Any prairie dog colonies noted in the vicinity of the potential roost will have the location noted on a map and the data sheet. Bald Eagle Non-Nesting Observation Data Sheet CPW Raptor Monitoring Volunteer Program Handbook (2018a)  5 3.0 Survey Findings Cedar Creek will prepare a brief memo describing the survey findings to submit to the City of Fort Collins – Environmental Planning Department, along with the completed datasheets. The survey could result in potential roost areas to be considered communal roosts or winter night roosts. According to CPW, communal roost sites have more than 15 eagles for the majority of the roosting season and are usually in large trees (live or dead) that are relatively sheltered from wind and are generally in close proximity to foraging areas. Winter night roosts are not clearly defined in CPW guidance, but they must have documented overnight eagle use from an unspecified number of eagles. Ultimately, the City will make a determination of whether potential roosts are winter night roosts upon analysis of the survey findings and consideration of CPW recommendations. These findings will indicate which of the mitigation measures provided by the City will be applicable for development on Site (attached to the end of this document). 4.0 References Colorado Parks and Wildlife (CPW). 2018a. Raptor Monitoring Volunteer Program Handbook. Colorado Parks and Wildlife Resource Stewardship Office. Denver, Colorado. Colorado Parks and Wildlife (CPW). 2018b. Protocol for Bald Eagle Winter Roost Watch. Kechter Townhomes Mitigation Options The Ecological Characterization Study (ECS) will be conducted during the winter months (November 15 to March 15, 2020-2021) to determine if the trees on the site serve as a winter night roost and/or communal roost (roost) for bald eagles, as well as determine if other raptors nest in the trees. Winter roost surveys will follow CPW’s methodology. If a roost is definitively identified, i.e. the eagles roost on the trees overnight, then intensive surveys can cease but periodic monitoring should continue to provide some precedent as to when the tree(s) are no longer utilized as a roost. Other raptors, such as great horned owl, do not start nesting in Colorado until mid-January at the earliest so surveys will be needed from January-March timeframe. Trees to be surveyed include all trees on site and the large cottonwood immediately north of the northwest corner of the site. CPW and City staff will be notified of proposed survey dates and afforded opportunities to accompany the consultant on surveys. If no roost is identified, the northwest tree will still be retained as an eagle loafing spot and for its inherent value as considered by Planning and Forestry, but no additional mitigation measures are required. If the trees qualify as a roost, then the following mitigation measures are required while the tree is being utilized by the eagles: 1. Tree mitigation [LUC 3.2.1(G)(7) and 3.4.1(E)(1)(a,c) and (F)(2)] a. According to LUC 3.2.1(G)(7) the critical root zone (CRZ) of the northwest tree is 78-feet, and typically a buffer is established for that zone. In this case 78-feet exceeds the dripline of the tree and Staff believes an alternative compliance, calling for post care treatment or similar, to reduce that distance and mitigate construction impact should be pursued. Additionally, the CRZ will also be designated as a Natural Habitat Buffer Zone in order to provide future protection. Language will be provided in the Development Agreement. b. Shadow plant mitigation trees in the northwest tree NHBZ. All trees planted for this purpose should be plains cottonwoods (Populus deltoides) and not varieties. Coordination with Forestry will be required to determine quantity, placement, etc. (LUC 3.4.1(E)(1)(a,c) and (F)(2)) c. Prune the northwest tree prior to construction in an appropriate manner in terms of timing and extent to prolong the life of the northwest tree. (LUC 3.4.1(E)(1)(a,c) and (F)(2)) 2. CPW and USFWS Recommended Spatial buffers – After much deliberation with CPW officials no spatial buffers will be applied. The area surrounding the site likely qualifies as a Highly Developed Area by the CPW and as such they would recommend a ¼ mile buffer. A ¼ mile buffer covers the entirety of the site as well as surrounding neighborhoods, part of Twin Silo Park, and most of Zach Elementary School. Within all recommended spatial buffers (see Table 1 and Map 1 below) numerous types of disturbance (noise, vehicular and pedestrian traffic, lighting, etc.) currently exist that the eagles have already acclimated to. Additionally, there are numerous bald eagle resources along the Poudre River Corridor and Fossil Creek Reservoir less than a mile away, including currently recognized roost sites, communal roosts, winter concentration areas, and winter and summer forage areas (see Map 2). With the bald eagles observed utilizing the trees on site exhibiting a level of tolerance of existing disturbance and abundant resources nearby it is likely that construction activities, with an elevated level of noise, activity, and disturbance beyond what is typical for currently existing uses, is what requires mitigation. 3. Temporal buffer (CPW and LUC 3.4.1(E)(1)(a,d) and (F)(2)): Construction activity during roosting season (November 15 – March 15) outside the hours of 10:00 to 14:00. Beginning and ending dates of the roosting season can be altered based on observations of a qualified wildlife biologist approved by the City. References City of Fort Collins (City) Land Use Code Section 3.4.1 Natural Habitats and Features. Colorado Parks and Wildlife (CPW). 2020. Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors. Colorado Parks and Wildlife (CPW). 2020. Species Activity Maps. US Fish and Wildlife Service (USFWS). 2007. National Bald Eagle Management Guidelines. Buffer (miles)Existing Uses 1/8 Athletic fields, BMX track, housing (~40 single family detached houses), streets 1/4 Athletic fields, BMX track, housing (~123 single family detached houses), streets, school, natural area 1/2 Athletic fields, BMX track, housing (~802 single family detached houses and additional apartments), streets, schools, natural area Table 1. Existing Uses within Buffers Map 1. Existing land use around 3620 Kechter Rd. (Red – 1/8 mile, Pink – ¼ mile, Light Blue – ½ mile) Map 2. Bald Eagle Resources in the Immediate Kechter Townhomes Site Vicinity. (Source: CPW Species Activity Maps)