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HomeMy WebLinkAboutMAVERIK - FDP210003 - SUBMITTAL DOCUMENTS - ROUND 1 - ECS REPORT Denver • Durango • Hotchkiss • Idaho www.eroresources.com Consultants in Natural Resources and the Environment Ecological Characterization Study Interstate 25 and Highway 392 Property Larimer County, Colorado Prepared for— Maverik, Inc. 185 South State Street Salt Lake City, Utah 84111 (801) 936-5557 Prepared by— ERO Resources Corporation 1842 Clarkson Street Denver, Colorado 80218 (303) 830-1188 ERO Project #10719 July 11, 2019 Ecological Characterization Study Interstate 25 and Highway 392 Property Larimer County, Colorado ERO Project #10719 i ERO Resources Corporation Contents Executive Summary ................................................................................................................. ii Introduction ............................................................................................................................. 1 Project Area Location ............................................................................................................... 2 Project Area Description .......................................................................................................... 2 Wetlands and Waters of the U.S. ............................................................................................. 2 Background ...................................................................................................................................... 2 Project Area Conditions ................................................................................................................... 5 Threatened, Endangered, and Candidate Species ..................................................................... 6 Potential Habitat and Possible Effects ............................................................................................. 7 Recommendations ........................................................................................................................... 7 Other Species of Concern ......................................................................................................... 8 Black-Tailed Prairie Dog ................................................................................................................... 8 Western Burrowing Owl .................................................................................................................. 8 Migratory Birds ................................................................................................................................ 9 Other Wildlife ........................................................................................................................ 10 Views ..................................................................................................................................... 11 Impacts and Recommendations ............................................................................................. 11 References ............................................................................................................................. 12 Tables Table 1. Federally threatened, endangered, and candidate species potentially found in Larimer County or potentially affected by projects in Larimer County. ................................... 6 Figures Figure 1. Vicinity Map ...................................................................................................................... 3 Figure 2. Existing Conditions ............................................................................................................ 4 Appendices Appendix A Photo Log Ecological Characterization Study Interstate 25 and Highway 392 Property Larimer County, Colorado ERO Project #10719 ii ERO Resources Corporation Executive Summary Maverik, Inc. retained ERO Resources Corporation (ERO) to provide an Ecological Characterization Study for a property west of Interstate 25 (I-25) and north of Highway 392 in Fort Collins, Larimer County, Colorado (project area). ERO assessed the project area for potential wetlands and waters of the U.S., potential federally listed threatened and endangered species habitat, migratory birds and active nests, and other wildlife. Below is a summary of the resources found at the project area and recommendations or future actions necessary based on the current site conditions and regulations. The natural resources and associated regulations described in this report are valid as of the date of this report and may be relied upon for the specific use for which it was prepared by ERO under contract to Maverik, Inc. Because of their dynamic natures, site conditions and regulations should be reconfirmed by a qualified consultant before relying on this report for a use other than that for which it was specifically prepared. Wetlands and Other Waters of the U.S. – Two stormwater outfalls enter the eastern portion of the project area from I-25 and a third outfall enters the western portion of the project area from the Southwest Frontage Road. These outfalls drain into two swales that line the eastern and western portions of the project area. No ordinary high water mark or wetland vegetation was observed within the swales. No action is necessary regarding wetlands and other waters of the U.S. Threatened and Endangered Species – The project area does not contain habitat for any federally listed species. No action is necessary regarding threatened and endangered species. Prairie Dogs – The project area contains a large active black-tailed prairie dog colony. If prairie dog removal becomes necessary, Colorado Parks and Wildlife (CPW) recommends removing them in a humane manner before any earthwork or construction takes place. Burrowing Owls – Burrowing owls could be impacted by the project if work would occur within the CPW-recommended 150-foot buffer of any prairie dog burrows (Colorado Division of Wildlife 2008). If work would occur within the recommended buffer of any burrow during the breeding season (March through October), a burrowing owl survey should be conducted. If owls are present in the project area, activities should be restricted within 150 feet of nest burrows until the owls have migrated from the site, which can be determined through monitoring. Migratory Birds – No active or inactive nests were observed during the 2019 site visit. However, killdeer were observed within the project area and were displaying behavior that may indicate that an active nest may exist within or near the project area. The Denver Field Office of the U.S. Fish and Wildlife Service (2009) and Colorado Department of Transportation (2011) have identified the primary nesting season for migratory birds in eastern Colorado as occurring between April 1 and mid to late August. However, some birds, such as the red-tailed hawk and great horned owl, can nest as early as February or March. Because of variability in the breeding seasons of various bird species, ERO recommends a nest survey be conducted within one week prior to construction to determine if any active nests are present in the project area so they can be avoided. If active nests are found, any work that would destroy the nests could not be conducted until the birds have vacated the nests. Ecological Characterization Study Interstate 25 and Highway 392 Property Larimer County, Colorado ERO Project #10719 iii ERO Resources Corporation Other Wildlife – The project area provides marginally suitable habitat for a variety of wildlife including mule deer, white-tailed deer, coyote, fox, and raccoon. Swede Lake and the Fossil Creek Natural Area are directly west of the project area, and wildlife may occasionally forage within the project area due to the proximity of these natural habitat features. The prairie dog colony within the project area provides prey for raptors and other wildlife, and it is likely raptors forage in this area due to the proximity to Swede Lake and Fossil Creek Reservoir. However, because the project area is surrounded by I-25, Highway 392, and the Southwest Frontage Road, and due to the lack of vegetation structure within the project area, it is unlikely the project area provides significant habitat for wildlife. Any wildlife using the project area have likely become adapted to human disturbance due to the proximity of Highway 392 and I-25. Views – The area surrounding the project area is largely undeveloped, with some commercial buildings to the southeast. The project area is visible from surrounding roads. The mountains to the west can be easily seen from almost any vantage point within the project area. Swede Lake and the Fossil Creek Natural Area, located west of the project area, are visible from most locations in the project area, but due to topographic relief, is currently not visible from the southwestern portion of the project area. I-25 is east of the project area and is partially visible from the western portion of the project area. ERO Project #10719 1 ERO Resources Corporation Ecological Characterization Study Interstate 25 and Highway 392 Property Larimer County, Colorado July 11, 2019 Introduction Maverik, Inc. retained ERO Resources Corporation (ERO) to provide an Ecological Characterization Study (ECS) for a property west of Interstate 25 (I-25) and north of Highway 392 in Fort Collins, Larimer County, Colorado (project area). On June 14, 2019, Anna Hennage with ERO visited the project area to review potential natural resources (2019 site visit). During this assessment, activities included a review of potential wetlands, identification of potential federally listed threatened and endangered species habitat, and identification of other natural resources that might affect development of the project area. This ECS provides information on existing site conditions and resources, as well as current regulatory requirements related to those resources. ERO assumes the landowner or project proponent is responsible for obtaining all federal, state, and local permits for construction of the project. Section 3.4.1 of the Fort Collins Land Use Code requires an ECS for development sites that contain, or are located within 500 feet of, an area or feature identified as a natural habitat or feature of the City of Fort Collins Natural Habitats and Features Inventory Map or that are discovered during site evaluations associated with the development review process. The Fossil Creek Natural Area is located within 500 feet of the project area. Emergent wetlands and wet meadows are located just west of the project area (City of Fort Collins 2018). As required under Article 3, this ECS describes the following: (a) the wildlife use of the area showing the species of wildlife using the area, the times or seasons that the area is used by those species, and the “value” (meaning feeding, watering, cover, nesting, roosting, and perching) that the area provides for such wildlife species; (b) the boundary of wetlands in the area and a description of the ecological functions and characteristics provided by those wetlands; (c) any prominent views from or across the site; (d) the pattern, species, and location of any significant native trees and other native site vegetation; (e) the bank, shoreline, and high water mark of any perennial stream or body of water on the site; (f) areas inhabited by or frequently used by Sensitive and Specially Valued Species; (g) special habitat features; (h) wildlife movement corridors; (i) the general ecological functions provided by the site and its features; Ecological Characterization Study Interstate 25 and Highway 392 Property Larimer County, Colorado ERO Project #10719 2 ERO Resources Corporation (j) any issues regarding the timing of development-related activities stemming from the ecological character of the area; and (k) any measures needed to mitigate the projected adverse impacts of the development project on natural habitats and features. Project Area Location The project area is in Section 15, Township 6 North, Range 68 West of the 6th Principal Meridian in Larimer County, Colorado (Figure 1 and Figure 2). The UTM coordinates of the approximate center of the project area are NAD 83 500562mE, 4481082mN, Zone 13 North. The longitude/latitude of the project area is 104.993364°W/40.480423°N. The elevation of the project area is approximately 4,870 feet above sea level. Photos are included in Appendix A, and photo points are shown on Figure 2. Project Area Description The project area is bounded by the Southwest Frontage Road on the north and west, Highway 392 on the south, and I-25 on the east. The project area consists of undeveloped land, with upland vegetation and a large active black-tailed prairie dog colony (Figure 2; Photos 1 and 4). The upland vegetation is a mixture of native and nonnative species dominated by field bindweed (Convolvulus arvensis), western wheatgrass (Pascopyrum smithii), Canada thistle (Cirsium arvense), kochia (Bassia prostrata), Russian thistle (Salsola kali), and black medick (Medicago lupulina). Planted rubber rabbitbrush (Ericameria nauseosa), plains cottonwood trees (Populus deltoides), and lanceleaf cottonwood trees (Populus acuminate) line the boundary of the project area at the base of the hillslopes (Photo 2). Wetlands and Waters of the U.S. Background The Clean Water Act (CWA) protects the chemical, physical, and biological quality of waters of the U.S. (WUS). The U.S. Army Corps of Engineers’ (Corps) Regulatory Program administers and enforces Section 404 of the CWA. Under Section 404, a Corps permit is required for the discharge of dredged or fill material into wetlands and other WUS. The Corps defines WUS as “all navigable waters and their tributaries, all interstate waters and their tributaries, all wetlands adjacent to these waters, and all impoundments of these waters.” Project Area Prepared for: Maverik, Inc.File: 10719 Figure 1.mxd (WH)July 9, 2019 ± Figure 1Vicinity MapInterstate 25 and Highway 392 Property Portions of this document include intellectual property of ESRI and its licensors and are used herein under license. Copyright © 2019 ESRI and its licensors. All rights reserved. 0 1,000500Feet LocationPath: P:\10700 Projects\10719 - Maverik Ecological Characterization Study Ft. Collins\Maps\10719 Figure 1.mxdSection 15, T6N, R68W; 6th PM UTM NAD 83: Zone 13N; 500562mE, 4481082mN Longitude 104.993364°W, Latitude 40.480423°N USGS Windsor, CO Quadrangle Larimer County, Colorado aaaaSwede Lake !"`$ East County Road 32 P2 P3 P1P4 Prepared for: Maverik, Inc.File: 10719 Figure 2.mxd (WH)July 9, 2019 ± Figure 2Existing ConditionsInterstate 25 and Highway 392 Property 0 300150feet Active Prairie Dog Colony Parcel Boundary a Photo Point Image Source: Google© Earth October 14, 2017Path: P:\10700 Projects\10719 - Maverik Ecological Characterization Study Ft. Collins\Maps\10719 Figure 2.mxd Ecological Characterization Study Interstate 25 and Highway 392 Property Larimer County, Colorado ERO Project #10719 5 ERO Resources Corporation On June 29, 2015, the Corps and Environmental Protection Agency (EPA) issued the 2015 WUS final rule to clarify their CWA jurisdiction considering the U.S. Supreme Court’s Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers and Rapanos v. United States and Carabell v. United States decisions (79 Federal Register 22188, October 14, 2018). The rule became effective August 28, 2015; however, the rule has been only implemented in half the country due to ongoing litigation. The rule expands the agencies’ geographic scope of jurisdiction under Section 404 of the CWA when compared with how the agencies previously determined the geographic scope of their Section 404 jurisdiction. Colorado is currently under the Corps-EPA 2015 rule for determining WUS. On May 31, 2016, the U.S. Supreme Court concluded that approved jurisdictional determinations are judicially reviewable under the Administrative Procedure Act and, therefore, can be appealed in court. The Corps has recommended that requests for both approved and preliminary jurisdictional determinations be done using new guidance outlined in Regulatory Guidance Letter (RGL) 16-01 and that the form in Appendix 1 of the RGL be completed (Corps 2016). The Corps has indicated that jurisdictional determinations associated with a Section 404 CWA Permit request will preside over standalone jurisdictional determination requests. While ERO may provide its opinion on the likely jurisdictional status of wetlands and waters, the Corps makes the final determination. Project Area Conditions Streams and Open Water Prior to the 2019 site visit, ERO reviewed U.S. Geological Survey (USGS) quadrangle topographic maps, the National Hydrography Dataset (NHD), and aerial photography to identify mapped streams and areas of open water that could indicate wetlands or WUS. The USGS Windsor, Colorado topographic quadrangle and NHD do not show any drainages occurring within the project area. ERO did not identify any streams, open water, or ordinary high water mark (OHWM) within the project area during the 2019 site visit. Wetlands Prior to the 2019 site visit, ERO reviewed the National Wetland Inventory (NWI) for potential wetlands. The NWI did not identify any wetlands within the project area. During the 2019 site visit, ERO confirmed that no wetland vegetation is present in the project area, with the entire project area dominated by upland species. Three stormwater outfalls—two along the I-25 ramp and one along Southwest Frontage Road—drain into swales that line the eastern and western portions of the project area (Photo 3). ERO did not observe any OHWM or wetland vegetation within these swales. Recommendations During the 2019 site visit, no potential WUS, including wetlands, were observed within the project area. No further action is necessary regarding wetlands and other potential WUS. Ecological Characterization Study Interstate 25 and Highway 392 Property Larimer County, Colorado ERO Project #10719 6 ERO Resources Corporation Threatened, Endangered, and Candidate Species During the 2019 site visit, ERO assessed the project area for potential habitat for threatened, endangered, and candidate species listed under the Endangered Species Act (ESA). Federally threatened and endangered species are protected under the ESA. Adverse effects on a federally listed species or its habitat require consultation with the U.S. Fish and Wildlife Service (Service) under Section 7 or 10 of the ESA. The Service lists several threatened and endangered species with potential habitat in Larimer County, or that would be potentially affected by projects in Larimer County (Table 1). Table 1. Federally threatened, endangered, and candidate species potentially found in Larimer County or potentially affected by projects in Larimer County. Common Name Scientific Name Status* Habitat Habitat Present Mammals Black-footed ferret Mustela nigripes E Prairies and grasslands containing prairie dog colonies No habitat Canada lynx Lynx Canadensis T Dense boreal forests with high density of snowshoe hares No habitat North American wolverine Gulo gulo luscus PT Cold conditions with deep persistent snow cover No habitat Preble’s meadow jumping mouse (Preble’s) Zapus hudsonius preblei T Shrub riparian and wet meadows No habitat Birds Interior least tern** Sterna antillarum athalassos E Sandy/pebble beaches on lakes, reservoirs, and rivers No habitat, no depletions anticipated Mexican spotted owl Strix occidentalis lucida T Old-growth or mature forests, uneven aged stands with high canopy closure, and high tree density No habitat Piping plover** Charadrius melodus T Sandy lakeshore beaches and river sandbars No habitat, no depletions anticipated Whooping crane** Grus americana E Mudflats around reservoirs and in agricultural areas No habitat, no depletions anticipated Fish Bonytail chub Gila elegans E Backwaters with rocky or muddy bottoms and flowing pools No habitat Colorado pikeminnow Ptychocheilus Lucius E Deep turbid strongly flowing water, eddies, runs, flooded bottoms, or backwaters No habitat Greenback cutthroat trout Oncorhynchus clarki stomias T Cold, clear foothill and mountain waters of the Arkansas and South Platte Rivers No habitat, no depletions anticipated Pallid sturgeon** Scaphirhynchus albus E Large, turbid, free-flowing rivers with a strong current and gravel or sandy substrate No habitat, no depletions anticipated Razorback sucker Xyrauchen texanus E Water from 4 to 10 feet deep; adults are associated with areas of strong current and backwaters No habitat Ecological Characterization Study Interstate 25 and Highway 392 Property Larimer County, Colorado ERO Project #10719 7 ERO Resources Corporation Common Name Scientific Name Status* Habitat Habitat Present Insects Arapahoe snowfly Arsapnia arapahoe C Streams with steep slopes, riparian vegetation, and pebble substrate No habitat Plants Colorado butterfly plant (CBP) Gaura neomexicana ssp. coloradensis T Subirrigated alluvial soils on level floodplains and drainage bottoms between 5,000 and 6,400 feet in elevation No habitat North Park phacelia Phacelia formosula E Eroded soil outcrops of barren exposures of the Coalmont Formation between 8,000 and 8,300 feet in elevation No habitat Ute ladies’-tresses orchid (ULTO) Spiranthes diluvialis T Moist to wet alluvial meadows, floodplains of perennial streams, and around springs and lakes below 7,800 feet in elevation No habitat Western prairie fringed orchid** Platanthera praeclara T Mesic and wet prairies, sedge meadows No habitat, no depletions anticipated *T = Federally Threatened Species; E = Federally Endangered Species; PT = Proposed Threatened; C = Candidate Species. **Water depletions in the South Platte River may affect the species and/or critical habitat in downstream reaches in other counties or states. Source: Service 2019a. Potential Habitat and Possible Effects The project area does not contain any suitable habitat for the Canada lynx, North American wolverine, Mexican spotted owl, bonytail chub, Colorado pikeminnow, greenback cutthroat trout, razorback sucker, Arapahoe snowfly, or North Park phacelia. The interior least tern, piping plover, whooping crane, pallid sturgeon, and western prairie fringed orchid are species that are affected by continued or ongoing depletions to the Platte River system. Based on ERO’s current knowledge of the project, no depletions to the Platte River system would occur and no action is necessary. Potential habitat for the black-footed ferret occurs in the project area; however, due to the isolation and the small size of the prairie dog colony (less than 80 acres), it is unlikely that the black-footed ferret occurs in the project area (Service 2019b). Habitat for Preble’s, CBP, and ULTO is not present in the project area. The project area lacks the wetland or riparian habitat to support these species. Additionally, in Larimer County potential habitat for ULTO is only associated with perennial streams, which are not present in the project area. Recommendations No potential habitat for federally listed threatened or endangered species occurs in the project area and no further action is necessary. Ecological Characterization Study Interstate 25 and Highway 392 Property Larimer County, Colorado ERO Project #10719 8 ERO Resources Corporation Other Species of Concern Black-Tailed Prairie Dog Species Background and Regulatory Guidance The black-tailed prairie dog is a Colorado species of special concern (Colorado Parks and Wildlife (CPW) 2019). Black-tailed prairie dogs are important components of the short and mesic grasslands systems. Threats to this species include habitat loss and degradation, habitat fragmentation, disease (sylvatic plague), and lethal control activities. Typically, areas occupied by prairie dogs have greater cover and abundance of perennial grasses and annual forbs compared with unoccupied sites (Whicker and Detling 1988; Witmer et al. 2002). Although prairie dogs are no longer in line for protected status under the ESA, CPW recommends attempting to remove or exterminate prairie dogs prior to bulldozing an active prairie dog town for humane reasons. Currently, Larimer County follows the guidelines set forth by the CPW and does not have any additional regulations or policies pertaining to prairie dogs. The city of Fort Collins has a prairie dog policy for City Natural Areas, but no policy for private lands. Potential Habitat and Possible Effects During the 2019 site visit, a large prairie dog colony of 35 to 40 burrows (more than 1 acre in size) was observed throughout the project area within the mixed upland vegetation (Figure 2; Photo 4). Although prairie dogs are not protected under the ESA, CPW recommends attempting to remove or exterminate prairie dogs prior to bulldozing an active prairie dog town for humane reasons. Recommendations If prairie dogs must be removed for any proposed activities, two options typically exist: relocation and extermination. Currently, relocation to other parts of Colorado is not an option due to limited resources for new populations and CPW requires permits to move prairie dogs. Private companies can be hired to relocate prairie dogs, although relocation sites are difficult to secure. If extermination of prairie dogs is the only option, several independent companies provide treatments for prairie dog control. Prior to any work that would disturb a colony between March 1 and October 31, colonies should be surveyed for western burrowing owls. Western Burrowing Owl Species Background and Regulatory Guidance The western burrowing owl (burrowing owl) is a small migrant owl listed by the state of Colorado as a threatened species and is federally protected under the Migratory Bird Treaty Act (MBTA). Primary threats to the burrowing owl include habitat loss and fragmentation, anthropogenic sources of mortality such as vehicular collisions, and loss of wintering grounds, largely in Mexico (McDonald et al. 2004). In general, burrowing owls are found in grasslands with vegetation less than 4 inches high and a relatively large proportion of bare ground (Gillihan and Hutchings 2000). In Colorado, burrowing owls are usually associated with black-tailed prairie dog colonies (Kingery 1998; Andrews and Righter 1992). Ecological Characterization Study Interstate 25 and Highway 392 Property Larimer County, Colorado ERO Project #10719 9 ERO Resources Corporation More than 70 percent of sightings reported by Colorado Breeding Bird Atlasers were in prairie dog colonies (Kingery 1998). Burrowing owls usually arrive on their breeding grounds around mid-March to early April and remain until September (Haug and Oliphant 1990). Burrowing owls are present in Colorado between March 15 and October 31, with breeding from mid-April to early/mid-August (Andrews and Righter 1992; Kingery 1998). CPW suggests conducting burrowing owl clearance surveys in prairie dog towns that are subject to poisoning and/or construction projects during the period from March 15 through October 31 (Colorado Division of Wildlife (CDOW) 2008). CPW has a recommended buffer of 150 feet surrounding active burrowing owl nests (CDOW 2008). Potential Habitat and Possible Effects The prairie dog burrows within the project area are potential habitat for burrowing owls. Inadvertent killing of burrowing owls could occur during prairie dog poisoning, construction, or earthmoving projects during the breeding period. CPW has a recommended buffer of 150 feet surrounding active burrowing owl nests (CDOW 2008). Burrowing owls could be impacted by the project if work would occur within CPW’s recommended 150-foot buffer of any burrows. Recommendations To avoid potential impacts on burrowing owls, site activities should occur between November 1 and March 14. If site activities would occur within a 150-foot buffer surrounding any burrow within or adjacent to the project area, a burrowing owl survey should be conducted during the breeding season (March through October). If owls are present, activities should be restricted until the owls have migrated from the site, which can be determined through monitoring. Migratory Birds Background Migratory birds, as well as their eggs and nests, are protected under the MBTA. While destruction of a nest by itself is not prohibited under the MBTA, nest destruction that results in the unpermitted take of migratory birds or their eggs is illegal (Service 2003). The regulatory definition of a take means to pursue, hunt, shoot, wound, kill, trap, capture, or collect; or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect (50 Code of Federal Regulations 10.12). Under the MBTA, the Service may issue nest depredation permits, which allow a permittee to remove an active nest. The Service, however, issues few permits and only under specific circumstances, usually related to human health and safety. Obtaining a nest depredation permit is unlikely and involves a process that may take a significant amount of time. In addition, CPW has recommended buffers for nesting raptors, depending on the species (generally ⅓ or ¼ mile) (CDOW 2008). The best way to comply with the MBTA is to remove vegetation outside of the active breeding season, which typically falls between March and August, depending on the species. Public awareness of the MBTA has grown in Ecological Characterization Study Interstate 25 and Highway 392 Property Larimer County, Colorado ERO Project #10719 10 ERO Resources Corporation recent years, and most MBTA enforcement actions are the result of a concerned member of the community reporting noncompliance. Potential Habitat and Possible Effects No active or inactive raptor or other migratory bird nests were observed in or near the project area during the 2019 site visit; however, the cottonwood trees along the inner perimeter of the project area provide potential habitat for cavity-nesting birds as well as large raptors. In addition, killdeer were observed within the project area; however, no nests were observed. The breeding season for most birds in Colorado is March through August, with the exception of a few species that begin breeding in February, such as great horned owls. Recommendations Vegetation removal should occur outside of the breeding season (typically September through February). Both the Denver Field Office of the Service (2009) and the Colorado Department of Transportation (2011) have identified the primary nesting season for migratory birds in eastern Colorado as occurring between April 1 and mid to late August. However, a few species, such as great horned owls and red-tailed hawks, can nest as early as February or March. Because of variability in the breeding seasons of various bird species, ERO recommends a nest survey be conducted within one week prior to construction to determine if any active nests are present in the project area so they can be avoided. Nest removal may occur during the nonbreeding season to discourage future nesting and avoid violations of the MBTA. No permit or approval is necessary for removing nests during the nonbreeding season; however, nests must be destroyed and may not be collected under MBTA regulations. If the construction schedule does not allow vegetation removal outside of the breeding season, a nest survey should be conducted within one week prior to vegetation removal to determine if the nest is active and by which species. If active nests are found, any work that would destroy the nests could not be conducted until the birds have vacated the nests. Other Wildlife The project area is within the overall range of mule deer and white-tailed deer, as well as the winter range of mule deer. Swede Lake and the Fossil Creek Natural Area are directly west of the project area, and wildlife may occasionally forage within the project area due to the proximity of these natural habitat features. The prairie dog colony within the project area provides prey for raptors and other wildlife, and it is likely raptors forage in this area due to the proximity to Swede Lake and Fossil Creek Reservoir. However, because the project area is surrounded by I-25, Highway 392, and the Southwest Frontage Road, and due to the lack of vegetation structure within the project area, it is unlikely the project area provides significant wildlife habitat. In addition, the project area was recently disturbed (within the last five years) for improvements to I-25 and the Southwest Frontage Road. Any wildlife using the project area have likely become adapted to human disturbance. Ecological Characterization Study Interstate 25 and Highway 392 Property Larimer County, Colorado ERO Project #10719 11 ERO Resources Corporation As with any human development, wildlife species sensitive to human disturbance are likely to decline in abundance or abandon the area, while other wildlife species adapted to development are likely to increase in abundance. Species likely to decline include some raptors and possibly coyotes. Species likely to increase include red fox, raccoon, and house mouse. Overall, surrounding and continuing development contributes to a decline in the number and diversity of wildlife species nearby and to a change in species composition to favor species that adapt better to human disturbance. Views The area surrounding the project area is largely undeveloped, with some commercial buildings to the southeast. The project area is visible from surrounding roads. The mountains to the west can be easily seen from almost any vantage point within the project area. Swede Lake and the Fossil Creek Natural Area, located west of the project area, are visible from most locations in the project area, but due to topographic relief and vegetation, these areas are currently not visible from the southwestern portion of the project area. I-25 is east of the project area and is partially visible from the western portion of the project area. Impacts and Recommendations Maverik, Inc. proposes to develop the project area for commercial use. Section 3.4.1 of the Fort Collins Land Use Code calls for buffers of various widths around natural habitats and special features. The project area is within 500 feet of the Fossil Creek Natural Area and contains an active prairie dog colony larger than 1 acre, which would be considered a special habitat feature. However, the project area provides little ecological function due to the separation from the Fossil Creek Natural Area by the Southwest Frontage Road, which abuts I-25 and Highway 392, and little vegetation structure within the project area. Due to the proximity of the Fossil Creek Natural Area to the project area, ERO recommends constructing a visual screen of some type along the northern and western portions of the project area. The screen could consist of a combination of fencing, vegetation, and topographic relief. The purpose of the screening is to decrease the likelihood of human disturbance and light or noise pollution from cars and buildings. Exterior lighting should be kept as low to the ground as possible and should be configured to minimize light spill into the Fossil Creek Natural Area. With a visual screening, the ecological character and functions of the Fossil Creek Natural Area are expected to be the same following construction of the project. Although the project would impact an active prairie dog colony, it is unlikely to have a significant effect due to the presence of an active colony immediately to the west within the Fossil Creek Natural Area. Any wildlife use of the project area would likely decrease or would be entirely eliminated. If vegetation- or land-clearing activities would occur during the nesting season for migratory birds, migratory birds or their nests or eggs could potentially be disturbed. ERO recommends that vegetation Ecological Characterization Study Interstate 25 and Highway 392 Property Larimer County, Colorado ERO Project #10719 12 ERO Resources Corporation removal occur outside of the active breeding season, which is typically between March and August, depending on the species. If vegetation removal must occur during the nesting season, the project area should be surveyed for active nests by a qualified and experienced biologist. References Andrews, R.A. and R. Righter. 1992. Colorado Birds. Denver Museum of Natural History, Denver, CO. City of Fort Collins. 2018. City of Fort Collins – GIS Open Data Natural Habitat. https://data- fcgov.opendata.arcgis.com/datasets/natural-habitat?geometry=-105.03%2C40.474%2C- 104.949%2C40.485. Last accessed July 9, 2019. Colorado Department of Transportation (CDOT). 2011. Work Sheet: 240pmbcdotb dated 02-03-11. https://www.codot.gov/programs/environmental/wildlife/guidelines/Birdspeccontractorsbio.pdf/vie w. Last accessed June 24, 2019. Colorado Division of Wildlife (CDOW). 2008. Recommended buffer zones and seasonal restrictions for Colorado Raptor Nests. February. Colorado Parks and Wildlife (CPW). 2019. Colorado listing of endangered, threatened and wildlife species of special concern. http://wildlife.state.co.us/WildlifeSpecies/SpeciesOfConcern/ThreatenedEndangeredList/Pages/ListO fThreatenedAndEndangeredSpecies.aspx. Gillihan, S.C. and S.W. Hutchings. 2000. Best management practices for shortgrass prairie birds: a landowner’s guide. Rocky Mountain Bird Observatory. Brighton, CO. Haug, E.A. and L.W. Oliphant. 1990. Movements, activity patterns, and habitat use of burrowing owls in Saskatchewan. Journal of Wildlife Management 54:27-35. Kingery, H.E. 1998. Colorado Breeding Bird Atlas. Colorado Breeding Bird Atlas Partnership and Colorado Division of Wildlife. McDonald, D., N.M. Korfanta, and S.J. Lantz. 2004. The burrowing owl (Athene cunicularia): a technical conservation assessment. USDA Forest Service, Rocky Mountain Region. http://www.fs.fed.us/r2/projects/scp/assessments/burrowingowl.pdf. U.S. Army Corps of Engineers (Corps). 2016. Regulatory Guidance Letter 16-01. http://www.usace.army.mil/Portals/2/docs/civilworks/RGLS/rgl_6-01_app1-2.pdf?ver=2016-11-01- 091706-840. Last accessed December 21, 2016. U.S. Fish and Wildlife Service (Service). 2003. Migratory Bird Permit Memorandum. April 15. U.S. Fish and Wildlife Service (Service). 2009. 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Ecological Characterization Study Interstate 25 and Highway 392 Property Larimer County, Colorado ERO Project #10719 ERO Resources Corporation Appendix A Photo Log INTERSTATE 25 AND HIGHWAY 392 PROPERTY LARIMER COUNTY, COLORADO PHOTO LOG JUNE 14, 2019 Photo 1 - Overview of upland vegetation in the project area. View is to the north. Photo 2 - Overview of trees and shrubs along the inner boundary of the project area. View is to the southwest. INTERSTATE 25 AND HIGHWAY 392 PROPERTY LARIMER COUNTY, COLORADO PHOTO LOG JUNE 14, 2019 Photo 3 - Drainage swale in the eastern portion of the project area. View is to the south. Photo 4 - Large black-tailed prairie dog colony in the center of the project area. View is to the northeast.