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HomeMy WebLinkAboutTIMBER LARK SINGLE-FAMILY DEVELOPMENT - PDP210015 - SUBMITTAL DOCUMENTS - ROUND 1 - ECS REPORT Ecological Characterization Study Report South Timber Lark Residential Project City of Fort Collins Larimer County, Colorado June 22, 2021 Prepared for: AADT Land Holdings, LLC 13005 Lowell Blvd Broomfield CO, 80020 ERC Project #200-2107 Ecological Characterization Study Report South Timber Lark Residential Project Ecological Characterization Study Report South Timber Lark Residential Project City of Fort Collins Larimer County, Colorado June 22, 2021 Contents 1.0 INTRODUCTION ......................................................................................................................... 1 2.0 GENERAL SITE DESCRIPTION ..................................................................................................... 1 3.0 Methodology ............................................................................................................................. 2 4.0 EXISTING VEGETATION COMMUNITIES ..................................................................................... 2 5.0 Wetlands and Other Waters ..................................................................................................... 7 6.0 GENERAL WILDLIFE HABITAT AND USE ..................................................................................... 8 7.0 MIGRATORY BIRD TREATY ACT .................................................................................................. 9 8.0 SPECIES PROTECTED UNDER THE ENDANGERED SPECIES ACT OF 1973 ................................. 10 PREBLE’S MEADOW JUMPING MOUSE (ZAPUS HUDSONIUS PREBLEI) .............................................. 11 UTE LADIES’-TRESSES ORCHID (SPIRANTHES DILUVIALIS) .................................................................. 12 EASTERN BLACK RAIL (LATERALLUS JAMAICENSIS) ............................................................................. 12 9.0 STATE THREATENED AND ENDANGERED SPECIES ................................................................... 13 BURROWING OWL (ATHENE CUNICULARIA) ....................................................................................... 14 PLAINS SHARP-TAILED GROUSE (TYMPANUCHUS PHASIANELLUS JAMESII) ...................................... 14 10.0 Ecological Characterization Study Checklist .......................................................................... 15 11.0 RECOMMENDATIONS ............................................................................................................ 18 12.0 REFERENCES .......................................................................................................................... 20 Figures FIGURE 1 – VICINITY MAP FIGURE 2 – SITE LOCATION MAP FIGURE 3 – NATURAL HABITATS AND FEATURES MAP Appendices Appendix 1 – Overall Site Plan (11-24-20) Ecological Characterization Study Report South Timber Lark Residential Project 1 1.0 INTRODUCTION Ecological Resource Consultants, Inc. (ERC) has prepared the following Ecological Characterization Study (ECS) Report for the South Timber Lark Residential Project in Fort Collins, Colorado (herein “Site” or “Study Area”). This report was prepared in accordance with the requirements of Article 3, Section 3.4.1 of the City of Fort Collins Land Use Code (herein “Code”) (City 2020). An ECS is required if any portion of the development site is within five hundred (500) feet of an area or feature identified as a natural habitat or feature on the City's Natural Habitats and Features Inventory Map, or if any portion of the development site contains natural habitats or features that have significant ecological value, and such natural habitats or features are discovered during site evaluation and/or reconnaissance associated with the development review process. The purpose of an ECS is to ensure that when property is developed consistent with its zoning designation, the way in which the proposed physical elements of the development plan are designed and arranged on the site will protect the natural habitats and features both on the site and in the vicinity of the site. The Site is not within 500’ of an area or feature identified as a natural habitat or feature on the City's Natural Habitats and Features Inventory Map, however City of Fort Collins March 19, 2020 review comments requested the ECS as potential natural habits and features may be present. This ECS Report summarizes the specific natural habitats or features identified by ERC on the Site as outlined in Section 3.4.1 of the Code. 2.0 GENERAL SITE DESCRIPTION The Site is located northwest of East Trilby Road and South Timberline Road in Section 7, Township 6 north, Range 68 west, in the City of Fort Collins in Larimer County, Colorado (Latitude 40.4982995° north, Longitude -105.0440489° west). The Site is bound to the north by the Linden Park subdivision, South Timberline Rd Avenue to the east, private residences with grassland pastures to the south and the Burlington Northern Santa Fe Railroad and Power Trail to the west. The Site vicinity and location maps are shown on Figure 1 and Figure 2. The land evaluated within the survey area for this Report comprises approximately 35 acres and has an average elevation of 4,937 feet above mean sea level. Topography on the Site generally slopes to the east. The Site is undeveloped and consists primarily of open ruderal grassland. Land within the Site appears to have been an alfalfa field in the relatively recent past. Several relic irrigation channels exist throughout the Site, however, appear to not have been in use for some time as they are filled with sediment deposits and upland vegetation. The Site is scheduled for residential development with single and multi-family dwellings, numerous roadways, utilities and small landscaping features/amenities. The Overall Site Plan (11-24-20) reviewed as part of this ECS is provided in Appendix A. The U.S. Geological Survey (USGS) topographic map (Loveland, CO 2019) does not identify any streams or other notable features within the Site boundary. Site evaluation identified an unnamed irrigation channel that begins in the southwest corner of the Site and flows north, then immediately west towards the central portion of the Site where it then turns to the northwest and exits the site near Weeping Willow Drive through an underground cement box culvert. A series of relic irrigation ditches were also observed as stemming from this main irrigation channel and flow east to southeast. The northern boundary of the Ecological Characterization Study Report South Timber Lark Residential Project 2 Site, adjacent to Linden Park, consists of large mature deciduous trees accompanied by an herbaceous understory. A stormwater drainage on the eastern portion of the Site is an unmapped stormwater discharge feature which flows from north to the southeast along the eastern Site boundary. The drainage is somewhat naturalized containing herbaceous vegetation within the channel bottom. The drainage eventually terminates in the southeast corner of the Site next to South Timberline Road. 3.0 Methodology A preliminary desktop review was conducted utilizing existing available mapping to identify natural habitats or features within Site boundary. The City's Natural Habitats and Features Inventory Map, aerial imagery, U.S. Geological Survey (USGS) topographic maps, U.S. Fish and Wildlife Service (USFWS) National Wetland Inventory (NWI) mapping and Colorado Parks and Wildlife (CPW) data were reviewed. General extents and characterization of natural habitats or features were documented and sketched onto project base mapping as part of the initial review. ERC completed a Site evaluation on June 1, 2021 to identify, map, and evaluate natural habitats or features within the Site. Specifically the purpose of the Site evaluation in accordance with the Code was to evaluate; wildlife use of the area, jurisdictional (USACE) or non-jurisdictional wetlands, prominent views, native vegetation, non-native vegetation, bank, shoreline or high water mark, sensitive or specially valued species, special habitat features, wildlife movement corridors, general ecological functions, potential issues with timing of development activities and mitigation of projected adverse impact (if available). Final mapping of natural habitats or features and buffer zones was conducted in GIS using photo interpretation of aerial photography, overlay of GPS data points and digitization of field maps. The Natural Habitat Features Map (Figure 3) represents the natural habitats and features including wetlands and other water features identified by ERC within the Site. Upon review of all available resources, including literature and field inspections, ERC provides the following determination for the Site. 4.0 EXISTING VEGETATION COMMUNITIES One primary vegetation community exists across the entire Site and is comprised of Western North American Ruderal Grassland & Shrubland. The vegetation community characterized on the Site is somewhat based on natural vegetation associations in the region (NatureServe 2021) however has been disturbed by historic and current land use practices and thus represents somewhat of a degraded form of the community. Following is a summary of the vegetation community within the Site. Refer to Figure 3 for a map of the vegetation community on the Site. Western North American Ruderal Grassland & Shrubland The majority of the land on the Site consists of upland grassland dominated by smooth brome (Bromus inermis) and ruderal herbaceous vegetation. The western edge of the Site does contain sporadic, limited individual native shrubs of Douglas rabbitbrush (Chrysothamnus viscidiflorus) and two isolated plum trees (Prunus americana) with a diameter of less than 6”. The shrubs and trees are sporadically spaced, and the herbaceous understory is comprised primarily of non-native species such as smooth brome and crested wheatgrass. Based on historical use, fragmentation, and general lack of natural areas within the Site, the Site was not considered to contain any remnant historic vegetation communities. The vegetation community characterized occurs throughout the western North America and is composed of disturbed Ecological Characterization Study Report South Timber Lark Residential Project 3 upland grasslands, meadows and shrublands dominated by non-native and generalist native species. It is abundant in waste areas and disturbed land in temperate areas throughout the western U.S. and southwestern Canada, including coastal areas, often as abandoned pastures, roadside margins or other weedy places. Sites are not mowed or otherwise maintained. Generally, these are areas that have been extremely disturbed by heavy equipment, such as old plowed fields, townsites, abandoned millsites, or livestock holding areas and other "waste" places that are now covered in invasive shrub or herbaceous species not native to western North America. Vegetation of the macrogroup can be a monoculture of a single non-native species, or a mix of several non-native forbs and graminoids, often associated with generalist native species (Faber-Langendoen et al. 2014). Refer to Photos 1-6 below for characteristics of the upland ruderal grassland habitat within the Site. Photo 1. View east across the eastern portion of the Site. The vegetation community (Western North American Ruderal Grassland & Shrubland) is limited to smooth brome interspersed with weeds such as Canadian thistle and common burdock. Residential development exists directly to the north and south of the Site. Photo 2. View south at eastern portion of the Site. Private, single family homes exist. The eastern portion of the site is dominated by smooth brome interspersed with weedy species example of Western North American Ruderal Grassland & Shrubland community) . Photo 3. View west in the eastern portion of the Site. Mature eastern cottonwood and Russian olive trees exist along the northern boundary adjacent to the Linden Park neighborhood. Photo 4. View southeast in the central portion of the Site. An abundance of weedy species such as diffuse knapweed and scotch thistle are dominate. Ecological Characterization Study Report South Timber Lark Residential Project 4 Photo 5. View south of the western portion of the Site. Limited native species are present such as buffalo grass and limited sporadic Douglas rabbitbrush are present, however crested wheatgrass and smooth brome make up the majority of the herbaceous understory (90%). Photo 6. View north of the western portion of the Site. Mature cottonwood trees and sporadic Douglas rabbitbrush with a non-native herbaceous understory exist. Ecological Characterization Study Report South Timber Lark Residential Project 5 Ecological Characterization Study Report South Timber Lark Residential Project 6 Ecological Characterization Study Report South Timber Lark Residential Project 7 5.0 Wetlands and Other Waters ERC conducted a preliminary aquatic resource delineation during the June 1, 2021 Site evaluation to identify potential wetlands and other water features. The delineation was conducted in general accordance with the USACE 1987 Manual and Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Great Plains Region (Version 2.0). ERC observed an unnamed irrigation channel that originates in the southwest corner of the Site and flows in a northerly direction, where it exits the Site in a cement box culvert near Weeping Willow Drive. The irrigation channel was filled with sediment and was observed as having upland vegetation (smooth brome) established throughout. It appears the channel has not been used for agricultural purposes in quite some time. Three separate irrigation ditches stem from the main channel. A cement diversion structure exists at each irrigation ditch and appeared to divert flows from the main channel in past agricultural practices. The westernmost irrigation ditch flows directly south to the Site boundary and then turned east where it eventually terminates in uplands within the Site. This is a relic irrigation ditch as it was also filled with sediment and contained entirely upland vegetation. This ditch was roughly 6” below grade. No hydrology or hydrophytic vegetation was observed. The other two irrigation ditches were parallel to each other and appear to flow in an east-southeast direction from the central portion of the Site. Both appear to be relic irrigation ditches as they were also filled with sediment and upland vegetation. In some areas, the irrigation ditch was filled with sediment causing it to become level with the surrounding field. Both ditches terminate at the Site boundary near a private residence located directly east of the Site. Of this pair, the northern irrigation ditch was observed to have a side channel which connected near the private residence located to the east. This channel was followed in a northwest direction where it terminated within the Site at the northern boundary near Linden Park within uplands. This channel was observed as being fully vegetated with smooth brome and Canadian thistle and mostly filled in with sediment over the years similar to the others. These irrigation features do not represent jurisdictional or non-jurisdictional wetlands/waters. A cement box culvert was observed in the northeastern portion of the Site. A small swale from the box culvert appeared to flow southeast towards South Timberline Road where it terminated within uplands inside the Site boundary. This swale likely experiences flow during high precipitation events such as convective thunderstorms. The swale was filled with upland vegetation and during the Site visit did not show signs of hydrology or flows. This feature does not represent jurisdictional or non-jurisdictional wetlands/waters. The majority of the land on the Site consists of dry, upland grassland. Four relic irrigation/drainage ditches were identified within the Site. These features do not exhibit characteristics of wetlands/waters and lack wetland indicators such as hydric soils, a dominance of hydrophytic vegetation, and wetland hydrology or a defined ordinary high-water mark. While no aquatic resources were identified as part of the preliminary wetland delineation, formal delineation and USACE verification of upland conditions could be obtained. Refer to Figure 3-Natural Habitat Feature Map for the mapped relic irrigation channel, ditches and stormwater drainages. [b #0#0#0#0#0#0#0 #0 #0#0#0 #0#0#0#0#0#0#0#0#0#0#0#0#0 #0 #0 #0 #0 #0 #0 #0 #0#0 #0 #0 #0 #0 Prepared By: 2820 Wilderness Place, Suite ABoulder, CO 80301(303) 679-4820 0 200100 FeetERC #: 200-2107 FIGU RE 3NATURAL HA BITAT & FEATURES MAP ECOLOGICAL CHA RACTERIZATION ST UDYCITY OF FORT COLLINS Ê NOTES:1. THE SURVEY AREA IS LOCATED IN LARIMER COUNTY, COLORADO, SECTION 7, TOWNSHIP 6 NORTH, RANGE 68 WEST. 2. THIS AREAS HAS BEEN FIELD DELINEATED AND MAPPED WITH HAND-HELD SUB-METER ACCURACY GLOBAL POSITIONING SYSTEM (GPS) EQUIPMENT (+/-2 FEET). ECOLOGICAL CHARACTERIZATION MAPPING WAS PREPARED BY ERCUSING GEOGRAPHIC INFORMATION SYSTEMS (GIS). 3. SATELLITE IMAGERY WAS OBTAINED FROM GOOGLE EARTH, DATED 11/08/2019. 4. THE PROJECTED COORDINATE SYSTEM FOR THIS ECOLOGICAL CHARACTERIZATION STUDY IS: NAD_1983_STATEPLANE_COLORADO_ NORTH_FIPS_0502_FEET. 5. REFER TO THE ECOLOGICAL CHARACTERIZATION STUDY REPORT FOR MORE DETAILED INFORMATION. Tree TypeEastern Cottonwood (Colorado Designated Native Tree) #0 Russian Ol ive (Colorado Designated Noxi ous /Invasive Weed)Vegetation CommunityWestern North American Ruderal Grassland & Shrubland (34.6 ac)S TIMBERLINE RDUNION PACIFIC RAILROADMa p Legend Site Boundary (34.6 ac)Abandoned Ditch [b Red-Tailed Hawk Nest (Active)Red-Tailed Hawk Nest 450' Buffer Ecological Characterization Study Report South Timber Lark Residential Project 8 6.0 GENERAL WILDLIFE HABITAT AND USE Wildlife utilizes the general landscape in a multitude of ways and uses a variety of habitats as areas of permanent inhabitance, seasonal inhabitance, breeding grounds, migratory routes, for foraging purposes, or as a temporary shelter. Degraded grassland is not typically considered of high ecological value to wildlife, but this habitat type has beneficial values to certain wildlife species. These areas at a minimum are considered “open space” providing limited foraging and hunting grounds, refuge and nesting in an otherwise developed and urban environment. Historic and current land use practices (land leveling, routine mowing) have restricted the development of any significant natural vegetation communities within the Site, which limits the overall quality of potential wildlife habitat. In addition, surrounding development and roadways which encompass the Site greatly limits wildlife access to the Site. Non-native species or ruderal native species which permeate the vegetation communities which include Siberian elm, Russian olive, smooth brome, field bindweed, thistle and crested wheatgrass generally do not provide quality habitat for most wildlife. The Site is generally restricted or isolated to wildlife access by high density residential development to the north and private residences to the south, East Timberline Road and high-density residential development to the east and the Burlington Northern Santa Fe Railroad to the west. No wildlife migration corridors are mapped by the Colorado Parks and Wildlife (CPW) on the Site or within the vicinity of the Site (CPW 2021). The Railroad right-of-way to the west (off Site) is approximately 300’ and could serve as a limited wildlife movement corridor in a north-south direction, however vegetation is routinely maintained, and trail access and train use limits the quality of the corridor. The irrigation channel that originates in the southwest corner of the site and exits near Weeping Willow Drive does not serve as a wildlife movement corridor. This channel is a relic irrigation channel (no longer functioning to convey water) with an incised channel that exhibits upland vegetation and no hydrology. In addition, the channels, ditches, and swales within the Site do not serve as a connecting corridor as they terminate within the Site boundary (fragment by surrounding development) and are entirely contained within the Site boundary. A wildlife corridor, as defined by USFWS, is “an area of native vegetation which joins two or more larger areas of similar wildlife habitat”. Urban wildlife species that may use this habitat within the Site include coyote (Canis latrans), red fox (Vulpes vulpes), rabbit (Lepus sp.), raccoon (Procyon lotor), barn owl (Tyto alba), hawks (Buteo sp.) and other small to medium sized predators. It is our interpretation and assumption that the relic irrigation ditches are not considered a special feature in accordance with Section (A)(2)(n) of the Code as they are no longer active ditches and terminate on the Site, surrounded by urban development to the north, roadway to the east, private residences to the south and the railroad and public walking trail to the west. Large mature trees are located along the northern boundary of the Site. The large deciduous trees include both native and non-native species; however, situated in an urban landscape these trees could provide potential roosting and nesting habitat for visiting and residential raptors and smaller migratory birds. These trees could provide marginal shelter, foraging habitat, nesting habitat to raptors which are accustomed to more urban environments. Generally, there are features on the Site and the surrounding area that provide general habitat for local songbirds, raptors, reptiles and small mammals; however, habitat on the Site is highly degraded from a Ecological Characterization Study Report South Timber Lark Residential Project 9 wildlife perspective by historic and current land use practices, specifically from residential development and roadway fragmentation. No wildlife migration corridors are mapped by the CPW on the Site or within the vicinity of the Site (CPW 2021). Any future land use changes on the Site are likely to have minimal adverse effect to general wildlife in the local vicinity. 7.0 MIGRATORY BIRD TREATY ACT Migratory birds are protected under the Migratory Bird Treaty Act (MBTA) (16 U.S.C. 730-712). The MBTA makes it illegal for anyone to take, possess, import, export, transport, sell, purchase barter, or offer for sale, purchase, or barter any migratory bird, or the parts, nests, or eggs of such a bird except under the terms of a valid permit issued pursuant to Federal regulations. In Colorado, all birds except for the European starling (Sturna vulgaris), house sparrow (Passer domesticus) and rock dove (Columba livia) are protected under the MBTA. A total of 523 migratory bird species are known to occur in the Mountain- Prairie Region (USFWS Region 6, Montana, Wyoming, Utah, North Dakota, South Dakota, Nebraska, Kansas and Colorado); 320 of the 523 migratory bird species are known to breed in USFWS Region 6. Migratory birds likely exist within the Site. The open herbaceous grassland vegetation community, irrigation ditches and stormwater drainage provide potential habitat for migratory birds. Two stick nests were observed in the mature deciduous trees in the western portion of the Site. The following migratory birds were observed directly within the Site during the field inspection: Scientific Name Common Name Buteo jamaicensis Red-tailed Hawk Corvus brachyrhynchos American Crow Haemorhous mexicanus House Finch Melospiza melodia Song Sparrow Pica hunsonia Black-billed Magpie Sturnella neglecta Western Meadowlark  Based upon literature review and an onsite assessment of the Site, ERC has determined that some migratory birds likely utilize the Site. These birds are protected under the MBTA and killing or possession of these birds is prohibited. Future land use changes that may occur on Site which remove vegetation should first ensure that active nests are not disturbed. Generally, the active nesting season for most migratory birds in this region of Colorado occurs between April 1 and August 31.  An active red-tailed hawk nest was observed in the northwest corner of the Site located in a large mature plain’s cottonwood tree. This nest site and tree is considered a special natural feature per Section (A)(2)(d) of the Code and subject to restrictions. 1.  Per the Land Use Code Standards for Protection During Construction: a) No tree with an active nest shall be removed unless a permit for such removal has been obtained by the developer from the United States Fish and Wildlife Service. b) To the extent reasonably feasible, trees that are known to have served as nest sites shall not be removed within five (5) years of the last known nesting period. If the tree is removed, it shall be mitigated in accordance with Landscaping and Tree Protection Standards. Ecological Characterization Study Report South Timber Lark Residential Project 10 c) A temporary limits-of-disturbance of a 450 feet radius shall be established for the red-tailed hawk active nest site during the period from February 15 through July 15 of the first year of a multi-year development construction project.  In addition, raptor nest Sites further protected by the CPW. The CPW has established recommended buffer zones and seasonal activity restrictions for a variety of Colorado raptors. One active red-tailed hawk nest was observed in a large cottonwood tree in the northwest portion of the Site. In accordance with CPW guidelines, no new disturbance should occur within ½ to ¼ -mile of an active raptor nest (if present), depending on the species, between February 15 and June 15 or until the young have fledged. Once a nest becomes inactive surface occupancy may resume within the buffer and vegetation occupied by the inactive nest may be removed for species other than bald and golden eagles. Eagle nests are protected by the Bald and Golden Eagle Act and destruction of these nest require a permit whether they are occupied or not. ERC recommends that prior to vegetation removal, a follow-up nest survey for potential raptor species be performed during the nesting season to ensure that active nests are not disturbed. 8.0 SPECIES PROTECTED UNDER THE ENDANGERED SPECIES ACT OF 1973 The ESA of 1973 was enacted by the United States to conserve endangered and threatened species and the ecosystems that they depend on. Under the ESA, species may be listed as either “endangered” or “threatened”; both designations are protected by law. The ESA is administered by the USFWS. The USFWS has developed project specific species lists, available online by request, identifying threatened, endangered, and proposed species, designated critical habitat, and candidate species protected under the ESA that may occur within the boundary of the proposed project and/or may be affected by the proposed project (USFWS 2021) (Consultation Code: 06E24000-2021-SLI-0924). The species list for the Site has identified the following species. Species Not within Range of the Site The following federally listed threatened and endangered species are identified to occur within Larimer County. However, these species are not known to exist within the specific vicinity of the Site and/or have specific habitat requirements (i.e., elevation range, water bodies) that are not common in the vicinity of the Site. Common Name Scientific Name Status Canada lynx Lynx Canadensis Federally Threatened Greenback Cutthroat trout Oncorhynchus clarki stomias Federally Threatened Pallid Sturgeon Scaphirhynchus albus Federally Endangered  The Site does not contain the specific habitat characteristics necessary to support the species listed above. The species are not likely to occur within the Site therefore any future land use changes would not likely adversely affect the continued existence or available habitat of the species. Water Depletions Species The USFWS under the ESA has determined that water depletions in the South Platte River Basin are considered an adverse effect to the listed species identified below. The Site is considered to be located within the South Platte River Basin. Ecological Characterization Study Report South Timber Lark Residential Project 11 Common Name Scientific Name Status Piping plover Charadrius melodus Federally Threatened Western prairie fringed orchid Platanthera praeclara Federally Threatened Whooping crane Grus Americana Federally Endangered Any water related project conducted in the Platte River Basin that has a federal nexus; such as federal funding or a federal permits (i.e., Clean Water Act (CWA) Section 404 Permit), is subject to ESA Section 7 Consultation with the USFWS. The consultation is a mandate for water depletion projects that may adversely affect threatened and endangered species that rely on the South Platte River.  The Site does not contain the specific habitat characteristics necessary to support the species listed above. The species do not occur within the Site therefore any future land use change will not directly adversely affect the continued existence or available habitat of the species.  Any future project which may be water related or determined to be a water depletion to the South Platte River Basin may potentially be considered an adverse effect to these species. Generally non- water dependent projects such as residential or commercial developments (which are supplied by municipal water) are not considered water depletions and is therefore not likely to adversely affect the continued existence or available habitat of these species. The specific details of a future project must be reviewed to determine water depletion status. Species Potentially within Range of the Site The following federally listed threatened and endangered species are identified to occur or historically occur within Larimer County (USFWS 2021). The Site is located within the potential known range for these species to occur. Further analysis was conducted to determine if the species or habitat has the potential to exist on the Site considering Site-specific conditions and characteristics. A brief explanation is provided as to the species life cycle, habitat requirements and potential occurrence on the Site. Common Name Scientific Name Status Preble’s meadow jumping mouse Zapus hudsonius preblei Federally Threatened Ute Ladies’-tresses orchid Spiranthes diluvialis Federally Threatened Eastern Black Rail Laterallus jamaicensis Federally Threatened PREBLE’S MEADOW JUMPING MOUSE (ZAPUS HUDSONIUS PREBLEI) On May 13, 1998 the US Fish and Wildlife Service issued a final rule to list the Preble’s meadow jumping mouse (PMJM) as a federally threatened species under the ESA. PMJM range extends from southwestern Wyoming through eastern Colorado generally below 7,600 feet. Armstrong et al. (1997) described typical PMJM habitats as “well-developed plains riparian vegetation with relatively undisturbed grassland and a water source in close proximity.” Also noted was a preference for “dense herbaceous vegetation consisting of a variety of grasses, forbs and thick shrubs” (USFWS 1999). This species is known to regularly travel into adjacent uplands to feed and hibernate. The PMJM hibernates in an underground burrow from September to May. PMJM bears two to three litters per year, averaging five young per litter, in a grass- lined nest. In general, Mouse surveys are recommended for areas with suitable habitat in Larimer County below 7,600 feet and within 350 feet of vegetated irrigation canals, ditches, and wetlands. Areas that are highly disturbed or modified (including landscaped lots and paved areas) or wetland areas dominated by cattails are excluded from this recommendation. Ecological Characterization Study Report South Timber Lark Residential Project 12 No populations of PMJM are known to exist in the Fossil Cree or Mail Creek locations located directly 1.7 miles northwest of the Site. The Site is not designated as Critical Mouse Habitat by the USFWS (USFWS 2020). The nearest known PMJM populations are on the Poudre River, north of Watson Lake.  No PMJM individuals were observed on or surrounding the Site. Potentially suitable wetland herbaceous/willow PMJM habitat does not exist within the Site as it is dominated entirely of upland vegetation. The irrigation and stormwater features are void of any wetland species and hydrology is not present within the Site. Any future land use changes on the Site are not likely to adversely affect the continued existence or potential habitat of this species. UTE LADIES’-TRESSES ORCHID (SPIRANTHES DILUVIALIS) The Ute ladies-tresses orchid is listed as federally threatened under the ESA. The orchid occurs in seasonally moist soils and wet meadows near springs, lakes, or perennial streams and their associated floodplains below 6,500 feet in elevation in certain areas of Utah, Colorado, Idaho, Wyoming, and Nevada. Typical sites include early successional riparian habitats such as point bars, sand bars, and low lying gravelly, sandy, or cobbly edges. They require “permanent subirrigation” conditions where the water table is close to the surface, but they are not tolerant of permanent standing water. Typical habitat is open and sparsely vegetated, populations decline if trees and shrubs invade the habitat. They do not compete well with aggressive species such as reed canary grass or monocultures of cattails.  The irrigation and stormwater features on the Site are characterized by upland vegetation and ruderal grasses. These habitat characteristics are not conducive to the orchid. No orchids or suitable habitat were identified on the Site. Any future land use changes on the Site are not likely to adversely affect the continued existence or potential habitat of this species. EASTERN BLACK RAIL (LATERALLUS JAMAICENSIS) The eastern black rail is listed as federally threatened under the ESA. The eastern black rail is typically found in areas of dense salt and freshwater marshes in portions of the U.S., Central American, and South America (USFWS 2020). Adults are gray-black birds speckled with white on the upperparts, they have a black crown and chestnut on the back of the neck. The eye is ruby red and the bill is black. The legs are dusky pink. In Colorado, the eastern black rail has been documented near John Martin Reservoir State Park, Horse Creek Reservoir, Cheraw Lake, Holbrook Reservoir, Dye Reservoir and Lake Meredith Reservoir. Although there have been documented observations within Larimer County (ebird 2021), the Site is located within upland herbaceous land lacking wetlands and is not typical habitat conducive to the black rail. Areas adjacent to the survey area contain private residences, a subdivision, and travel corridors. Irrigation and stormwater channels within the survey area are void of wetland species and appear to not have been used in recent years and are comprised of upland vegetation. No black rails or suitable habitat were identified within the project area. Due to the information provided above, the black rail is not likely to be present within the project area. Therefore, disturbance to habitat within and adjacent to the survey area should not adversely affect the black rail. Ecological Characterization Study Report South Timber Lark Residential Project 13 9.0 STATE THREATENED AND ENDANGERED SPECIES Species identified as state threatened or endangered are protected by the CPW under Colorado Statute Title 33. State regulations prohibit “any person to take, possess, transport, export, process, sell or offer for sale, or ship and for any common or contract carrier to knowingly transport or receive for shipment” any species or subspecies listed as state endangered or threatened. The CPW also has identified State Species of Special Concern, which are species or subspecies of native wildlife that are currently vulnerable in their Colorado range and have the potential to become threatened or endangered (CPW 2021). Species of Special Concern are not protected under State regulations but the ‘take’ of individuals and disturbance of their habitat is strongly discouraged. The following state listed species were screened as potential inhabitants of the Site based on general habitat requirements and CPW tables, Colorado Listing of Endangered, Threatened, and Wildlife Species of Special Concern (CPW 2021). ERC evaluated the species listed by CPW as “threatened” or “endangered” that could potentially exist on the Site. State listed species which also occur on the USFWS federal list, as screened above, were not duplicated below. Species Not within Range of the Site The following listed threatened and endangered species are identified to occur within the State (CPW 2021). However, these species are not known to exist within the specific vicinity of the Site and/or have specific habitat requirements (i.e., elevation range) that are not common in the vicinity of the Site. Scientific Name Common Name Status* Boreal toad Bufo boreas boreas SE Arkansas darter Etheostoma cragini ST Bonytail Gila elegans SE Brassy minnow Hybognathus hankinsoni ST Colorado pikeminnow Ptychocheilus lucius ST Common shiner Luxilus cornutus ST Gray wolf Canis lupus SE Greenback cutthroat trout Oncorhynchus clarki stomias ST Grizzly bear Ursus arctos SE Humpback chub Gila cypha ST Kit fox Vulpes macrotis SE Lake chub Couesius plumbeus SE Lesser prairie-chicken Tympanuchus pallidicinctus ST Lynx Lynx canadensis SE Northern redbelly dace Phoxinus eos SE Plains minnow Hybognathus placitus SE Plains sharp-tailed grouse Tympanuchus phasianellus jamesii SE Razorback sucker Xyrauchen texanus SE Rio grande sucker Catostomus plebeius SE Southern redbelly dace Phoxinus erythrogaster SE Southwestern willow flycatcher Empidonax traillii extimus SE Suckermouth minnow Phenacobius mirabilis SE Wolverine Gulo gulo SE Ecological Characterization Study Report South Timber Lark Residential Project 14 *Status key: ST – State listed as threatened SE – State listed as endangered  The Site does not contain the specific habitat characteristics necessary to support the species listed above. The species are not likely to occur within the Site and therefore, any future land use changes would not likely adversely affect the continued existence or available habitat of the species. Species Potentially within Range of the Site The following state listed threatened and endangered species are identified to occur or historically occur within Larimer County. The Site is located within the potential known range for these species. Further analysis was conducted to determine if the species or habitat has the potential to exist on the Site considering Site-specific conditions and characteristics. A brief explanation is provided as to the species life cycle, habitat requirements and potential occurrence on the Site. Common Name Scientific Name Status* Burrowing owl Athene cunicularia ST Plains sharp-tailed grouse Tympanuchus phasianellus jamesii SE *Status key: ST – State listed as threatened SE – State listed as endangered BURROWING OWL (ATHENE CUNICULARIA) The burrowing owl is listed as a state threatened species in Colorado. The owl is small (length of 24 centimeters), long-legged, boldly spotted, and barred with brown and white. The owl is a breeding species across the plains of eastern Colorado however rarely winters in the state. Nesting habitat is abandoned burrows, especially prairie dog colonies, located in grasslands, mountain parks, well-drained steppes, deserts, prairies and agricultural lands from late March through October. The owl can usually be observed on low perches such as fence posts, dirt mounds or the ground. Clutch size of this owl averages six to seven and incubation lasts up to 30 days. The owlets usually run and forage at 4 weeks and fly at 6 weeks. Primary threats to existence of this species are habitat loss due to intensive agriculture, habitat degradation and fragmentation due to control of burrowing mammals and predation by cats and dogs.  The central portion of the Site contained the remnants of prairie dog colony. However, during the Site evaluation, it appeared that each burrow had a paper plate buried within the opening and topped with fill material suggesting that the colony was poisoned in the recent past. No prairie dogs or owls were observed on the Site. The drainage corridors and ruderal/weedy grassland communities do not exhibit typical habitat characteristics of the owl. Any future land use changes on the Site are not likely to adversely affect the continued existence or potential habitat of this species. PLAINS SHARP-TAILED GROUSE (TYMPANUCHUS PHASIANELLUS JAMESII) The sharp-tailed grouse is listed as a state endangered species in Colorado. The grouse is brown with white horizontal barring and a short, pointed tail. Known populations exist only in Douglas County, Colorado. Typical habitat includes rolling hills with scrub oak thickets and grassland areas. Breeding habitat includes medium to tall grasslands.  The ruderal grassland vegetation community within the Site does not exhibit the typical habitat characteristics conducive to this bird species. Neither individuals nor potential habitat for the grouse were observed on or immediately surrounding the Site. Any future land use changes within the Site should not adversely affect the continued existence or potential habitat of this species. Ecological Characterization Study Report South Timber Lark Residential Project 15 10.0 Ecological Characterization Study Checklist The following provides a summary of information required by Fort Collins Land Use Code under Section 3.4.1 (D) (1) items (a) through (k). Item Description - Fort Collins Land Use Code Site-Specific Evaluation a Wildlife use; Refer to Section 6.0 Limited wildlife use, fragmented and isolated by surrounding high density development, roadways and general low-quality habitat. b Wetlands and other waters Refer to Section 5.0, Figure 3. No jurisdictional or non-jurisdictional wetlands and other water features exist on the site. Four relic irrigation/drainage ditches evaluated do not exhibit wetland characteristics or ordinary highwater marks. Formal aquatic resource delineation and USACE verification would provide confirmation of upland condition. c Prominent views from or across the Site; Residential areas to the north, south and east, Burlington Northern Santa Fe Railroad, a public walking trail and residential areas to the west. No unobstructed views of natural habitats or features. d Significant native trees and other native site vegetation; Refer to Section 4.0, Figure 3 The Site has several significant native trees (large mature eastern cottonwood trees) situated along the northern boundary adjacent to Linden Park. Native trees should be preserved to the extent reasonably feasible per the City’s Land Use Code. No other natural native vegetation communities or habitats per (1) of the code were identified. e Significant non-native trees and vegetation; Refer to Section 4.0, Figure 3 Non-native species or ruderal native species permeate the vegetation communities across the entire Site. Several non-native Russian olive trees exist along the northern boundary near Linden Park and within the interior of the Site. While these trees may be considered significant (>6” dbh), Russian olives are considered a noxious weed species in the state of Colorado and should be removed. f The top of bank, shoreline and high water mark of any perennial stream or body of water on the Site; Refer to Section 5.0, Figure 3. Figure 3 depicts the irrigation and stormwater features located throughout the Site. These features are situated entirely within uplands. No perennial stream or body of water exist, therefore no top of bank, shoreline and high-water mark has been identified. g Areas inhabited by or frequently utilized by Sensitive and Specially Valued Species; Refer to Sections 7.0, 8.0 and 9.0 No sensitive or specially valued Species as defined per the Code were identified on the Site. Specifically: No wildlife migration corridors are mapped by the CPW on the Site or within the vicinity of the Site (CPW 2021). Ecological Characterization Study Report South Timber Lark Residential Project 16 No federally listed threatened and endangered species and/or habitat protected under the ESA were identified on the Site. No state listed threatened and endangered species and/or habitat protected by the CPW under Colorado Statute Title 33 were identified on the Site. The vegetation communities within the Site were investigated as potential habitat for state listed species. Potential threatened and endangered species habitat was found to lack one or more habitat components critical for the state listed species likely to occur in the area. h Special habitat features; Refer to Section 4.0, Section 5.0, Section 6.0 and Figure 3. Per Section (A)(2)(d) of the Code a special feature was identified in the northwest corner of the Site. A large, mature eastern cottonwood tree with raptor habitat features was identified. No CPW mapped buffer zones are located within the Site (CPW 2021). Other areas were not considered significant remanent native plant communities. The limited native shrub specimens in the western portion of the Site have an understory comprised mostly of non- native species such as smooth brome and crested wheatgrass (90%). Remnants of a previous existing prairie dog colony are located in the central portion of the Site. Upon further investigation, each burrow had a paper plate and fill material placed at the surface suggesting that the colony was poisoned recently. No burrows, active prairie dogs or burrowing owls were observed during the Site visit. i Wildlife movement corridors; Refer to Section 6.0 No wildlife migration corridors are mapped by the CPW on the Site or within the vicinity of the Site (CPW 2021). The relic ditches within the Site are not considered as a special feature as they are not active and fragmented by surrounding development. n j General ecological functions provided by the Site and its features; Refer to Section 6.0 Due to the ruderal grassland and shrubland, historical agricultural use and fragmented condition, the Site provides limited foraging and hunting grounds for local wildlife use. The disturbed nature of the Site and the presence of non-native plant species diminishes the general ecological function of the Site. The mature cottonwood trees situated along the northern boundary and in the northwest corner do provide limited areas for nesting and foraging. Specifically, the large cottonwood provides an active nest site in the northwest corner of the site. k Any issues regarding the timing of development- Refer to Section 7.0 Ecological Characterization Study Report South Timber Lark Residential Project 17 related activities stemming from the ecological character of the area; An active red-tail hawk nest was observed in the northwest portion of the Site in a large cottonwood tree, considered a natural habitat feature. Restrictions on construction timing should be employed as not to disturb nesting activity per Section (N)(4) of the Code. l Any measures needed to mitigate the projected adverse impacts of the development project on natural habitats and features. Refer to Section 7.0 The raptor nest site does require mitigation measures from both CPW and the Code. Raptor nest sites are protected by the CPW. The CPW has established recommended buffer zones and seasonal activity restrictions for red- tail hawk. Per CPW guidelines, no new disturbance should occur within a ⅓ mile between February 15 and June 15 or until young have fledged. Per (N)(5) of the Land Use Code, measurements should be implemented during the construction phase of the project to ensure the protection of the red-tailed hawk nest site. Including; a) No tree with an active nest shall be removed unless a permit for such removal has been obtained by the developer from the USFWS b) To the extent reasonably feasible, trees that are known to have served as a nest site shall not be removed within five (5) years of the last known nesting period. If the tree is removed, it shall be mitigated in accordance with Section 3.2.1, Landscaping and Tree Protection Standards c) A temporary limit-of-disturbance of a 450-foot radius shall be established for the active nest during the period from February 15 through July 15 for the first year of a multi-year development construction project. Ecological Characterization Study Report South Timber Lark Residential Project 18 11.0 RECOMMENDATIONS ERC has prepared this ECS Report for the Timber Lark Site located in the City of Fort Collins, Larimer County, Colorado. Per the requirements of Article 3, Section 3.4.1 of the City of Fort Collins Land Use Code, this Report was prepared to identify potential natural habitat or features that may occur on Site and to establish buffer zones surrounding natural habitats and features to protect the ecological character of the natural habitat or natural feature from the impacts of development. The Overall Site Plan (11-24- 20) reviewed as part of this ECS is provided in Appendix A. The Site is scheduled for residential development with relatively high density, single and multi-family dwellings, numerous roadways, utilities and small landscaping features/amenities. This development will significantly alter the current condition and character of the Site. The majority of the land on the Site consists of upland grassland. Four relic irrigation/drainage ditches were identified within the Site. These features do not exhibit characteristics of wetlands/waters and lack wetland indicators such as hydric soils, a dominance of hydrophytic vegetation, and wetland hydrology or a defined ordinary high-water mark. While no aquatic resources were identified as part of the preliminary wetland delineation, a formal delineation and USACE verification of upland conditions could be obtained. The mature cottonwood tree and active raptor nest is a special feature and should be preserved to the greatest extent feasible. The Plan has been modified to preserve this tree and nest site with a limited protective buffer. Construction activity should be restricted per CPW and Code for protection of the nest site. The CPW has established recommended buffer zones and seasonal activity restrictions for a variety of Colorado raptors (CPW 2008). In accordance with CPW guidelines, no new disturbance should occur within ½ to ¼ -mile of an active raptor nest (if present), depending on the species, between February 15 and June 15 or until the young have fledged. Once a nest becomes inactive surface occupancy may resume within the buffer and vegetation occupied by the inactive nest may be removed for species other than bald and golden eagles. Eagle nests are protected by the Bald and Golden Eagle Act and destruction of these nest require a permit whether they are occupied or not. ERC recommends that prior to vegetation removal, a follow-up nest survey for potential raptor species be performed during the nesting season to ensure that active nests are not disturbed. Per the City’s Land Use Code Standards for Protection During Construction (N)(5)(a:c):  No tree with an active nest shall be removed unless a permit for such removal has been obtained by the developer from the United States Fish and Wildlife Service.  To the extent reasonably feasible, trees that are known to have served as nest sites shall not be removed within five (5) years of the last known nesting period. If the tree is removed, it shall be mitigated in accordance with Landscaping and Tree Protection Standards.  A temporary limits-of-disturbance of a 450 feet radius shall be established for the red-tailed hawk active nest site during the period from February 15 through July 15 of the first year of a multi-year development construction project. Ecological Characterization Study Report South Timber Lark Residential Project 19  No other nests were found within the site. However, seasonal and year-to-year occupation can be highly variable; therefore, ERC recommends that prior to vegetation removal, a follow- up nest survey for potential MBTA species be performed during the nesting season to ensure that active nests are not disturbed. Per the City’s Land Use Code (E)(1)(c), the project shall be designed to preserve existing trees and vegetation that contribute to the site’s ecological shade, canopy, aesthetic, habitat and cooling value. Any native trees that will be removed during the construction of the project shall be mitigated based on the values established by the ECS or the City Environmental Planner and in accordance with Section 3.2.1, Landscaping and Tree Protection Standards. Native trees along northern boundary appear to be well preserved. Every effort should be employed to maintain these native trees. Any landscaping per the Site plan shall use native plants and grasses to the greatest extent possible and specifically in open areas and stormwater basis. The Site contained several Russian olive trees, a designated noxious weed in the State of Colorado and a prohibited species within the City of Fort Collins. The Russian olives should be removed and replaced with native vegetation in accordance with Section 3.2.1, Landscaping and Tree Protection Standards. No other natural communities and/or special features as defined by the Code have been identified and therefore no other buffers or protections are required. This report has been prepared by: ECOLOGICAL RESOURCE CONSULTANTS, INC. Tyler Worley, Project Ecologist Final review and approval of this report provided by David J. Blauch, V.P. Senior Ecologist Ecological Characterization Study Report South Timber Lark Residential Project 20 12.0 REFERENCES Armstrong, D.M., et. al. Edited by M.E. Bakeman. May 1997. Report on Habitat Findings of the Preble’s Meadow Jumping Mouse. Presented to the U.S. Fish and Wildlife Service and the Colorado Division of Wildlife. City of Fort Collins (City). 2021. Land Use Code. Available online at: https://library.municode.com/co/fort_collins/codes/land_use. Colorado Parks and Wildlife (CPW). 2008. Recommended Buffer Zones and Seasonal Restrictions for Raptors. Available online at: http://wildlife.state.co.us/SiteCollectionDocuments/DOW/WildlifeSpecies/LivingWithWildlife/Rapt orBufferGuidelines2008.pdf CPW. 2021a. Species Activity Mapping (SAM), Geographic Information Systems (GIS) Data. Available online at: https://cpw.state.co.us/learn/Pages/KMZ-Maps.aspx CPW. 2021b. Colorado Listing of Endangered, Threatened and Wildlife Species of Special Concern. Available at https://cpw.state.co.us/learn/Pages/SOC-ThreatenedEndangeredList.aspx. Cowardin, L.M., V. Carter, F.C. Golet, & E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States (FWS/OBS-79/31). Office of Biological Services, Fish and Wildlife Service, U.S. Department of the Interior, Washington, D.C. NatureServe 2021. NatureServe Explorer Central Database. Ecological Association Comprehensive Report. Available online at: http://explorer.natureserve.org. February. U.S. Fish & Wildlife Service (USFWS). 1992. Interim Survey Requirements for Spiranthes diluvialis. Colorado State Office. November 23. Available online at: http://www.fws.gov/mountain- prairie/endspp/protocols/UteLadiesTress1992.pdf. USFWS. October 2000. Federal Register Volume 65, Number 96, pages 62302-62310. Final Listing: Endangered and Threatened Wildlife and Plants: Threatened Status for the Colorado Butterfly Plant (Gaura neomexicana ssp. coloradensis) From Southeastern Wyoming, Northcentral Colorado, and Extreme Western Nebraska. USFWS. 2004. Preble’s Meadow Jumping Mouse Survey Guidelines. Revised April 2004. USFWS Ecological Services Colorado Field Office, Lakewood, CO. USFWS. 2004a. News Release. Critical Habitat Proposed for the Colorado Butterfly Plant. August 6, 2004. Available online at: http://www.fws.gov/mountain-prairie/pressrel/04-55.htm. USFWS. 2010. Prebles Meadow Jumping Mouse Block Clearance Map for the Denver Metro Area. November 23. Available online at: http://www.fws.gov/mountain-prairie/species/mammals/preble/BLOCK_CLEARANCE/11-23- 2010_USFWS_Prebles_Block_Clearance_Map_for_the_Denver_Metro_Area.pdf. Ecological Characterization Study Report South Timber Lark Residential Project 21 USFWS. 2021. Official Species List. List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project. Consultation Code: 06E24000-2021-SLI-0056. June 4. USFWS. 2021. Eastern Black Rail (Laterallus jamaicensis jamaicensis). 2020. Available online at: https://www.fws.gov/southeast/wildlife/birds/eastern-black-rail/ APPENDIX A Overall Site Plans Preserve stand of native trees where feasible. Remove non-native Russian olive trees.