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Home My WebLink AboutNEWT 3 PIPELINE - SITE PLAN ADVISORY REVIEW - SPA220001 - SUBMITTAL DOCUMENTS - ROUND 1 - ECS REPORT Denver • Durango • Hotchkiss • Idaho www.eroresources.com Consultants in Natural Resources and the Environment Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado Prepared for— Providence Infrastructure Consultants 300 Plaza Drive, Suite 320 Highlands Ranch, Colorado 80129 Prepared by— ERO Resources Corporation 1842 Clarkson Street Denver, Colorado 80218 (303) 830-1188 ERO Project #10291 February 14, 2022 Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado ERO Project #10291 i ERO Resources Corporation Contents Executive Summary ................................................................................................................ iii Introduction ............................................................................................................................. 1 Project Area Location ............................................................................................................... 2 Project Area Description .......................................................................................................... 2 Summary of Ecological Setting ................................................................................................. 2 Vegetation Communities ....................................................................................................... 13 Wetlands and Waters of the U.S. ........................................................................................... 15 Background .................................................................................................................................... 15 Methods ......................................................................................................................................... 16 Project Area Conditions ................................................................................................................. 17 Threatened, Endangered, and Candidate Species ................................................................... 20 Potential Habitat and Possible Effects ........................................................................................... 20 Other Species and Habitats of Concern .................................................................................. 22 Black-Tailed Prairie Dog ................................................................................................................. 22 Western Burrowing Owl ................................................................................................................ 23 Raptors and Migratory Birds .......................................................................................................... 24 High Priority Habitat and Big Game ........................................................................................ 26 Other Wildlife ........................................................................................................................ 26 Views ..................................................................................................................................... 27 Impacts and Recommendations ............................................................................................. 27 References ............................................................................................................................. 27 Tables Table 1. Wetland and open water features identified in the project area. .................................. 18 Table 2. Federally threatened, endangered, and candidate species potentially found in the project area or potentially affected by projects in the project area. ...................................... 20 Figures Figure 1. Vicinity Map ...................................................................................................................... 3 Figure 2. Map Index ......................................................................................................................... 4 Figure 2a. Existing Conditions .......................................................................................................... 5 Figure 2b. Existing Conditions .......................................................................................................... 6 Figure 2c. Existing Conditions .......................................................................................................... 7 Figure 2d. Existing Conditions .......................................................................................................... 8 Figure 2e. Existing Conditions .......................................................................................................... 9 Figure 2f. Existing Conditions ......................................................................................................... 10 Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado ERO Project #10291 ii ERO Resources Corporation Figure 2g. Existing Conditions ........................................................................................................ 11 Figure 2h. Existing Conditions ........................................................................................................ 12 Figure 3. Vegetation Communities ................................................................................................ 14 Appendices Appendix A Photo Log Appendix B Routine Wetland Determination Forms Appendix C Corps File No. NWO-2018-01605-DEN Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado ERO Project #10291 iii ERO Resources Corporation Executive Summary Providence Infrastructure Consultants (Providence) retained ERO Resources Corporation (ERO) to provide an Ecological Characterization Study for portions of the preferred Corridor 5 of the proposed NEWT 3 water pipeline project in Larimer County, Colorado (project area). ERO assessed the Fort Collins Reach of 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 Providence. 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. – The Larimer and Weld Canal (Canal), Number 8 Outlet Ditch (Ditch), and associated wetland fringes occur in the project area. The Ditch was previously determined jurisdictional by the U.S. Army Corps of Engineers (Corps) in 2018 (Corps File No. NWO-2018-01605- DEN) (Appendix C). The Ditch flows into the Canal, which has an eventual downstream connection to Lone Tree Creek, a tributary to the South Platte River, a known traditionally navigable water. If work is planned within the Canal or Ditch in the project area, a Section 404 permit would be required from the Corps for the placement of dredged or fill material below the ordinary high water mark. If no work is planned in these areas, no Corps action is necessary. Threatened and Endangered Species – The project area does not contain suitable habitat for any federally listed threatened species; however, the project area does fall within survey guidelines for Preble’s meadow jumping mouse (Preble’s), a federally listed threatened species. Within the project area, a viable population of Preble’s is unlikely to exist because the project area lacks riparian shrub habitat and is extremely fragmented and continuously disturbed by human activity. ERO recommends submitting a habitat assessment to the U.S. Fish and Wildlife Service requesting confirmation that the project area lacks habitat for Preble’s and a presence/absence survey for this species would not be required. Prairie Dogs – The project area is located within the Colorado Parks and Wildlife (CPW) recommended 660-foot buffer of black-tailed prairie dog colonies (CPW 2021b). The potentially active prairie dog colony is adjacent to the Canal on the eastern project area boundary. If prairie dogs move into the project area and removal becomes necessary, CPW recommends removing them in a humane manner before any earthwork or construction takes place. Currently, the city of Fort Collins has regulations in their land use code pertaining to the protection, relocation, or humane management of prairie dog colonies, and Larimer County follows the guidelines set by CPW. If prairie dogs move into the project area and management becomes necessary, ERO recommends preparing a prairie dog management plan for submittal to the city of Fort Collins prior to commencing any management activities. Burrowing Owls – Burrowing owls could be impacted by the project if work would occur within the CPW-recommended 660-foot buffer of any prairie dog burrows (CPW 2021b). If work would occur within the recommended buffer of any burrow during the breeding season (March 15 through October Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado ERO Project #10291 iv ERO Resources Corporation 31), a burrowing owl survey should be conducted. If owls are present in the project area, activities should be restricted within 660 feet of nest burrows until the owls have migrated from the site, which can be determined through monitoring. Migratory Birds – Migratory birds, including raptors, and any active nests are protected under the Migratory Bird Treaty Act. ERO observed several potential raptor nests in the vicinity of project area during the 2021 site visit. The raptor nests could be impacted by the project if there would be human encroachment activities, or a physical object or structure is proposed within the CPW-recommended raptor buffers. Depending on the species, CPW recommends a ⅓- or ¼-mile buffer from active raptor nests from February through July for human encroachment activities or installation of a permanent or long-standing physical object or structure (CPW 2020a). CPW has identified the primary nesting season for migratory birds in Colorado as occurring from April 1 through September 15 (CPW 2020a). 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 possible, ground-clearing activities should occur outside of the April 1 through September 15 migratory bird breeding season. For ground-clearing activities and construction activities occurring from February through April 1 or during the primary migratory bird breeding season, a nest survey should be conducted immediately prior to these activities. Additional nest surveys during the nesting season may also be warranted to identify active nesting species that may present additional development timing restrictions (e.g., great horned owls or red-tailed hawks). If active nests are found, any work that would destroy the nests should not be conducted until the birds have vacated the nests. Other Wildlife –The project area occurs within black bear, mountain lion, mule deer, olive-backed pocket mouse, ring-necked pheasant, sagebrush vole, white-tailed deer, and white-tailed jackrabbit overall range (Natural Diversity Information Source (NDIS) 2021). The project area also occurs within bald eagle winter range, Canada goose foraging area and winter range, great blue heron foraging area, mountain lion human conflict area, mule deer summer and winter range, and white-tailed deer winter range (NDIS 2021). No other sensitive species occur in the project area that would be significantly adversely affected by the proposed project. Additionally, ERO reviewed data from CPW map databases and determined that one High Priority Habitat (HPH) area, Aquatic Native Species Conservation Waters HPHC for Boxelder Creek, overlaps the project area (CPW 2021a). The project area also provides marginally suitable habitat for a variety of wildlife including coyote, fox, and raccoon. Naturalized areas along Box Elder Creek, directly east of the proposed pipeline corridor, provide suitable wildlife habitats and wildlife may occasionally forage in the project area due to the proximity of these natural habitat features. The prairie dog colony adjacent to the project area provides prey for raptors and other wildlife, and it is likely raptors forage in these areas. However, because the project area is adjacent to Interstate 25 (I-25), Mountain Vista Drive, Timberline Road, East Vine Drive, and the Larimer and Weld County Canal Access Road, and due to the high level of agricultural disturbance in 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 extensive human development and I-25. 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. Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado ERO Project #10291 v ERO Resources Corporation Views – The area surrounding the project area is largely agricultural and residentially developed, with several residences and a commercial development occurring in the project area. The project area is visible from surrounding roads and residential areas including the Waterfield, Trailhead, and Waterglen subdivisions west of I-25. The mountains to the west can be easily seen from many vantage points in the project area, and the Budweiser Brewery is visible from locations in the western portion of the project area. I-25 occurs in the project area and is visible from locations immediately adjacent to it in the project area. Impacts and Recommendations – 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 Boxelder Creek and is located adjacent to a potentially active prairie dog colony larger than 1 acre, which would be considered a special habitat feature. However, the project area is surrounded by development and agricultural and contains little vegetative structure. Additionally, the pipeline would be buried and, therefore, impacts on vegetation would be temporary. ERO Project #10291 1 ERO Resources Corporation Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado February 14, 2022 Introduction Providence Infrastructure Consultants (Providence) retained ERO Resources Corporation (ERO) to provide an Ecological Characterization Study (ECS) for portions of the preferred Corridor 5 for the Fort Collins Reach of the proposed NEWT 3 water pipeline project in Larimer County, Colorado (project area). On December 17, 2021, Anna Wistrom with ERO visited the project area to review potential natural resources (2021 site visit). During this assessment, activities included a formal jurisdictional wetland delineation, 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. Several natural habitat features were previously mapped or were encountered within 500 feet of the project area including aquatic, wetland, riparian forest, native upland, and plains shrubland habitats (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 pattern, species, and location of all non-native trees and vegetation that contribute to the site’s ecological, shade, canopy, aesthetic and cooling value; (f) the bank, shoreline, and high water mark of any perennial stream or body of water on the site; (g) areas inhabited by or frequently used by Sensitive and Specially Valued Species; Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado ERO Project #10291 2 ERO Resources Corporation (h) special habitat features; (i) wildlife movement corridors; (j) the general ecological functions provided by the site and its features; (k) any issues regarding the timing of development-related activities stemming from the ecological character of the area; and (l) any measures needed to mitigate the projected adverse impacts of the development on natural habitats and features. Project Area Location The project area is in Sections 3-5, Township 7 North, Range 68 West of the 6th Principal Meridian in Larimer County, Colorado (Figure 1). The UTM coordinates of the approximate center of the project area are 499022mE, 4494727mN, Zone 13 North. The longitude/latitude of the project area is 105.011562°W/40.603356°N. The elevation of the project area ranges from approximately 4,990 feet above sea level to 5,010 feet above sea level. Photos are included in Appendix A, and photo points are shown on Figure 2a through Figure 2h. Project Area Description The project area is roughly bounded by North Timberline Road on the west and Boxelder Creek on the east (Figure 2). The project area crosses North Timberline Road/North Summitview Drive, Burlington Northern Railroad, Interstate 25 (I-25), and I-25 Frontage Road. The project area largely consists of agricultural lands adjacent to residential developments and rural single-family homes, with disturbed upland vegetation including mixed upland grassland occurring in areas where not developed, disturbed, or actively cultivated. One potentially active black-tailed prairie dog colony was mapped adjacent to the eastern project area boundary (Figure 2). Additionally, one great horned owl (Bubo virginianus) and seven potential raptors nests were mapped within ½ mile of the project area during the 2021 site visit (Figure 2). Summary of Ecological Setting The U.S. Department of Agriculture (USDA) maps the project area within the southern part of the Central High Plains Major Land Resource Areas (MLRA), which is characterized by a flat to gently rolling landscape formed by glacial drift material and sediment deposition from the Rocky Mountains (U.S. Department of Agriculture and Natural Resource Conservation Service 2006). This MLRA is part of the Colorado Piedmont section of the Great Plains physiographic province and ranges in elevation from 3,000 to 7,800 feet. The climate of the area is typical of mid-continental semiarid temperate zones, but the strong rain shadow effect of the Southern Rocky Mountains makes the area somewhat drier. The average annual precipitation is 12 to 18 inches, most of which occurs from April through September. The mean annual temperature is between 45°F and 55°F with the number of frost-free days ranging from 135 to 190. Prepared for: Providence Infrastructure Consultants File: 10291 Figure 1 FC.mxd (WH) October 7, 2021 ± Figure 1Vicinity MapNEWT 3 Pipeline Ecological Characterization Study – Fort Collins Reach Portions of this docume nt include inte lle ctual proper ty of ESRI and its licensors and are us ed here in under license . Copyr ight © 2020 ESRI and its licensors. All rights r ese rve d. 0 2,0001,000 Feet C O L O R A D O Location Sec tions 3-5, T7N, R68W; 6th PM UTM NAD 83: Zone 13N; 499022mE, 4494727mNLongitude 105.011562°W, Latitude 40.603356°NUSGS Fort Collins and Timnath, CO QuadranglesLarimer County, ColoradoPath: P:\10200 Projects\10291 NEWT 3 Routing Study\Maps\Ecological Characterization Corridor 5\FC Reach\10291 Figure 1 FC.mxdProject Area [b [b [b [b [b [b [b [b Montain Vista Drive !"`$North Timberline RoadEast Vine Drive Larimer and Weld CanalDP2 DP1 Figure 2f Figure 2c Figure 2gFigure 2a Figure 2e Figure 2b Figure 2h Figure 2d Unknown Unknown Unknown Unknown Unknown Unknown Great Horned Owl Potential Raptor Nest L a ri mer andWel dCanalBoxelder Cree k La k e C a n al Co oper Sl oughNumber 8 Outlet DitchFigure 2Map Index Prepared for: Providence Infrastructure Consultants File: 10291 Figure 2 FC.mxd (WH) February 14, 2022 NEWT 3 Pipeline Ecological Characterization Study – Fort Collins Reach [b Raptor Nest/Potential Raptor Nest Stream/River Stream/River: Interm ittent Stream/River: Perennial Ordinary High Water Mark (10.39 ac) Wetland (0.52 ac) 100-Year Floodplain 1/3-Mile Raptor Nest Buffer Active Prairie Dog Colony City of Fort Collins Natural Habitat Corridor 5 Project Area/Area of Potential Effect 1/2-Mile Buffer of Project Area Map Grid/Matchline Image Source: Maxar Technologies© June 26, 2020 ±0 1,200600feetPath: P:\10200 Projects\10291 NEWT 3 Routing Study\Maps\Ecological Characterization Corridor 5\FC Reach\10291 Figure 2 FC.mxd [b !. !. a a a aaN u m b e r 8 O u t l e t D i t c h Larimer and Weld Canal DP2 DP1 P8 P4 P2 P1 P10 Potential Raptor Nest Figure 2aExistin g Con dition s Prepared for: Providence Infrastructure Consultants File: 10291 Figures 2a-h.mxd (WH) February 14, 2022 NEWT 3 Pip elin e Ecologica l Cha ra cteriza tion Study – Fort Collin s Rea ch !(Culvert !.Da ta Poin t a Photo Point [b Ra p tor Nest/Poten tia l Ra p tor Nest Ordin a ry High Wa ter Ma rk (10.39 a c) Wetla n d (0.52 a c) Corridor 5 Project Area /Area of Poten tia l Effect Ma p Grid/Ma tchlin e Ima ge Source: Ma xa r Techn ologies© Jun e 26, 2020 ±0 10050 feetPath: P:\10200 Projects\10291 NEWT 3 Routing Study\Maps\Ecological Characterization Corridor 5\FC Reach\10291 Figures 2a-h.mxd a Larimer and W e l d C a n a l Figure 2bExisting Co nditio ns Prepared for: Providence Infrastructure Consultants File: 10291 Figures 2a-h.mxd (WH) February 14, 2022 NEWT 3 Pipeline Eco lo gica l Cha ra cteriza tio n Study – Fo rt Co llins Rea ch !(Culvert !.Da ta Po int a Photo Point [b Ra pto r Nest/Po tentia l Ra pto r Nest Ordina ry High Wa ter Ma rk (10.39 a c) Wetla nd (0.52 a c) Co rrido r 5 Pro ject Area /Area o f Po tentia l Effect Ma p Grid/Ma tchline Im a ge So urce: Ma xa r Techno lo gies© June 26, 2020 ±0 10050 feetPath: P:\10200 Projects\10291 NEWT 3 Routing Study\Maps\Ecological Characterization Corridor 5\FC Reach\10291 Figures 2a-h.mxd !( !(aUnnamed Irrigation DitchCulvert Culvert P9 Figure 2cExistin g Con dition s Prepared for: Providence Infrastructure Consultants File: 10291 Figures 2a-h.mxd (WH) February 14, 2022 NEWT 3 Pip elin e Ecologica l Cha ra cteriza tion Study – Fort Collin s Rea ch !(Culvert !.Da ta Poin t a Photo Point [b Ra p tor Nest/Poten tia l Ra p tor Nest Ordin a ry High Wa ter Ma rk (10.39 a c) Wetla n d (0.52 a c) Corridor 5 Project Area /Area of Poten tia l Effect Ma p Grid/Ma tchlin e Ima ge Source: Ma xa r Techn ologies© Jun e 26, 2020 ±0 10050 feetPath: P:\10200 Projects\10291 NEWT 3 Routing Study\Maps\Ecological Characterization Corridor 5\FC Reach\10291 Figures 2a-h.mxd aLarimer and Weld Canal P5 Figure 2dExistin g Con dition s Prepared for: Providence Infrastructure Consultants File: 10291 Figures 2a-h.mxd (WH) February 14, 2022 NEWT 3 Pip elin e Ecologica l Cha ra cteriza tion Study – Fort Collin s Rea ch !(Culvert !.Da ta Poin t a Photo Point [b Ra p tor Nest/Poten tia l Ra p tor Nest Ordin a ry High Wa ter Ma rk (10.39 a c) Wetla n d (0.52 a c) Corridor 5 Project Area /Area of Poten tia l Effect Ma p Grid/Ma tchlin e Ima ge Source: Ma xa r Techn ologies© Jun e 26, 2020 ±0 10050 feetPath: P:\10200 Projects\10291 NEWT 3 Routing Study\Maps\Ecological Characterization Corridor 5\FC Reach\10291 Figures 2a-h.mxd aLarimer and Weld Canal P3 Figure 2eExistin g Con dition s Prepared for: Providence Infrastructure Consultants File: 10291 Figures 2a-h.mxd (WH) February 14, 2022 NEWT 3 Pip elin e Ecologica l Cha ra cteriza tion Study – Fort Collin s Rea ch !(Culvert !.Da ta Poin t a Photo Point [b Ra p tor Nest/Poten tia l Ra p tor Nest Ordin a ry High Wa ter Ma rk (10.39 a c) Wetla n d (0.52 a c) Corridor 5 Project Area /Area of Poten tia l Effect Ma p Grid/Ma tchlin e Ima ge Source: Ma xa r Techn ologies© Jun e 26, 2020 ±0 10050 feetPath: P:\10200 Projects\10291 NEWT 3 Routing Study\Maps\Ecological Characterization Corridor 5\FC Reach\10291 Figures 2a-h.mxd aLarimer and Weld Canal P6 Figure 2fExistin g Con dition s Prepared for: Providence Infrastructure Consultants File: 10291 Figures 2a-h.mxd (WH) February 14, 2022 NEWT 3 Pip elin e Ecologica l Cha ra cteriza tion Study – Fort Collin s Rea ch !(Culvert !.Da ta Poin t a Photo Point [b Ra p tor Nest/Poten tia l Ra p tor Nest Ordin a ry High Wa ter Ma rk (10.39 a c) Wetla n d (0.52 a c) Corridor 5 Project Area /Area of Poten tia l Effect Ma p Grid/Ma tchlin e Ima ge Source: Ma xa r Techn ologies© Jun e 26, 2020 ±0 10050 feetPath: P:\10200 Projects\10291 NEWT 3 Routing Study\Maps\Ecological Characterization Corridor 5\FC Reach\10291 Figures 2a-h.mxd aLarimer and Weld Canal P6Figure 2gExistin g Con dition s Prepared for: Providence Infrastructure Consultants File: 10291 Figures 2a-h.mxd (WH) February 14, 2022 NEWT 3 Pip elin e Ecologica l Cha ra cteriza tion Study – Fort Collin s Rea ch !(Culvert !.Da ta Poin t a Photo Point [b Ra p tor Nest/Poten tia l Ra p tor Nest Ordin a ry High Wa ter Ma rk (10.39 a c) Wetla n d (0.52 a c) Corridor 5 Project Area /Area of Poten tia l Effect Ma p Grid/Ma tchlin e Ima ge Source: Ma xa r Techn ologies© Jun e 26, 2020 ±0 10050 feetPath: P:\10200 Projects\10291 NEWT 3 Routing Study\Maps\Ecological Characterization Corridor 5\FC Reach\10291 Figures 2a-h.mxd aaLarime r a n d W e l d C a n a l P7 P11 Figure 2hExistin g Con dition s Prepared for: Providence Infrastructure Consultants File: 10291 Figures 2a-h.mxd (WH) February 14, 2022 NEWT 3 Pip elin e Ecologica l Cha ra cteriza tion Study – Fort Collin s Rea ch !(Culvert !.Da ta Poin t a Photo Point [b Ra p tor Nest/Poten tia l Ra p tor Nest Ordin a ry High Wa ter Ma rk (10.39 a c) Wetla n d (0.52 a c) Corridor 5 Project Area /Area of Poten tia l Effect Ma p Grid/Ma tchlin e Ima ge Source: Ma xa r Techn ologies© Jun e 26, 2020 ±0 10050 feetPath: P:\10200 Projects\10291 NEWT 3 Routing Study\Maps\Ecological Characterization Corridor 5\FC Reach\10291 Figures 2a-h.mxd Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado ERO Project #10291 13 ERO Resources Corporation The project area is further divided into the Front Range Fans ecoregion of Colorado (Chapman et al. 2006). The geology of the Front Range Fans ecoregion generally consists of outwash gravels with soils formed from materials weathered from arkosic sedimentary rock, gravelly alluvium, and redbed shales and sandstone. Located within the South Platte River watershed of central Colorado, streams flow from west to east, out of the Front Range Mountains and foothills or from southeast to northwest off the Palmer Divide, and into the South Platte River. The South Platte River converges with the North Platte River just west of Ogallala, Nebraska to form the Platte River. The Platte River is tributary to the Missouri River, which eventually flows into the Mississippi River. Most of the tributaries that flow into the South Platte River watershed contain riparian corridors dominated by deciduous woodlands and transitional shrubs and grasslands. The majority of the ecoregion primarily consists of plains, with a high percentage of cropland. Most of the land use has or is currently undergoing a shift from cropland and rangeland to urban development. The development has resulted in a shift from native habitat to urban areas that contain a high number of manmade lakes and gravel pits. Vegetation Communities The project area is generally surrounded by agricultural lands, with a large residential development and industrial properties to the south, and several rural residential properties north of the project area (Figure 2). Multiple vegetation communities exist in the project area. The primary vegetation communities in the project area consist of agricultural land, disturbed uplands, and mixed upland grassland communities (Figure 3; Photos 1 through 3). The upland vegetation is a mixture of smooth brome (Bromus inermis), cheatgrass (Bromus tectorum), common sunflower (Helianthus annuus), crested wheatgrass (Agropyron cristatum), slender wheatgrass (Elymus trachycaulus), wheat (Triticum sp.), field bindweed (Convolvulus arvensis), sweet clover (Melilotus sp.), curly dock (Rumex crispus), and western wheatgrass (Pascopyrum smithii). A few tree groves are also located in the project area on the rural residential properties, and are dominated by elm (Ulmus sp.), Russian olive (Elaeagnus angustifolia), cottonwood (Populus sp.), and other ornamental trees. These tree groves are fairly small and do not provide significant habitat in the project area. The Larimer and Weld Canal (Canal) abuts much of the project area to the south and the Number 8 Outlet Ditch (Ditch) crosses the western portion of the project area (Figure 2). During the 2021 site visit, the Canal contained 1- to 2-foot-wide wetland fringes dominated by Emory’s sedge (Carex emoryi) and reed canarygrass (Phalaris arundinacea) throughout most of the project area (Figures 2a and 2b and Figures 2d through 2h; Photos 4 through 7). Intermittent fringes also dominated by Emory’s sedge and reed canarygrass occur along the Ditch (Figure 2a; Photo 8). Additionally, an unnamed irrigation ditch containing an ordinary high water (OHWM) mark occurs in the central portion of the project area (Figure 2c; Photo 9). L a ri mer andWel dCanalBox e ld e rC reekLak e C a n al Co op er Sl oughNumber 8 Outlet DitchFigure 3Vegetation Communities Prepared for: Providence Infrastructure Consultants File: 10291 Figure 3 FC.mxd (WH) February 4, 2022 NEWT 3 Pipeline Ecological Characterization Study – Fort Collins Reach Corridor 5 Project Area/Area of Potential Effect 1/2-Mile Buffer Vegetation Community Agricultural, Cultivated Crops Agricultural, Field, Pasture/Hay/Grass Disturbed/Developed Mixed Upland Grassland Parkland Riparian Woodland/Shrubland Woodland Potential Wetland Potential Wetland/Open Water Stream/River Stream/River: Intermittent Stream/River: Perennial Image Source: Maxar Technologies© June 26, 2020 ±0 1,200600feetPath: P:\10200 Projects\10291 NEWT 3 Routing Study\Maps\Ecological Characterization Corridor 5\FC Reach\10291 Figure 3 FC.mxd Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado ERO Project #10291 15 ERO Resources Corporation 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. (WOTUS). 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 WOTUS (streams, ponds, and other waterbodies). On June 22, 2020, the Environmental Protection Agency (EPA) and Corps’ Navigable Waters Protection Rule (NWPR) to define “waters of the United States” became effective in 49 states and in all U.S. territories. A preliminary injunction was granted for Colorado (U.S. Environmental Protection Agency 2020). On March 2, 2021, the United States Court of Appeals for the 10th Circuit vacated the stay on the NWPR in Colorado, thereby ruling the NWPR effective in Colorado. After April 23, 2021, jurisdiction of wetlands and other potential WOTUS in Colorado was to be determined using the NWPR. However, on August 30, 2021 the Arizona District Court remanded and vacated the NWPR. In response, the EPA and Corps have halted implementation of the NWPR and, until further notice, are interpreting WOTUS consistent with the pre-2015 regulatory regime (also referred to as the “Rapanos” guidelines). As such, the identification of WOTUS in this report follows the Rapanos guidelines. Potential rulings and guidance in the future could change the results of this report regarding the jurisdictional status of waters and wetlands in the project area. While ERO may provide its opinion on the likely jurisdictional status of wetlands and waters, the Corps will make the final determination of jurisdiction based on the current rulings. Under the Rapanos guidelines, the Corps considers traditionally navigable waters (TNWs), wetlands adjacent to a TNW, and tributaries to TNWs that are relatively permanent waters (RPWs) and their abutting wetlands jurisdictional waters. Other wetlands and waters that are not TNWs or RPWs will require a significant nexus evaluation to determine their jurisdiction. A significant nexus evaluation assesses the flow characteristics and functions of a tributary and its adjacent wetlands to determine if they significantly affect the chemical, physical, or biological integrity of downstream TNWs. 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 (U.S. Army Corps of Engineers 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. Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado ERO Project #10291 16 ERO Resources Corporation Methods ERO conducted the wetland delineation following the methods for routine on-site wetland determinations in areas of less than 5 acres as described in the 1987 Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987) and used methods in the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Great Plains Region (Version 2.0) (U.S. Army Corps of Engineers 2010) to record data on vegetation, soils, and hydrology on routine determination forms (Appendix B). Although the project area is more than 5 acres, it was determined the routine method was appropriate and the transect method was not necessary. This is based on the determination that, using ERO’s previous desktop mapping, the area of wetlands in the project area is less than 1 acre. The Corps defines wetlands as “areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas” (33 Code of Federal Regulations (CFR) 328.2(c)). Wetland boundaries were determined by a visible change in vegetation community, soils, topographic changes, and other visible distinctions between wetlands and uplands. The wetland indicator status of plant species was identified using the National Wetland Plant List (U.S. Army Corps of Engineers 2020), and nomenclature was determined using the PLANTS Database (U.S. Department of Agriculture, Natural Resources Conservation Service 2022a). If present, hydric soils were identified using field observation for hydric soil indicators accepted by the Corps. Soil data were not always collected if hydrophytic vegetation and hydrology was present and did not appear altered (Environmental Laboratory 1987). In addition, soil data were not collected in conditions where there was a clear lack of hydrology and hydrophytic vegetation indicators. Where soil data were collected, a Munsell soil color chart was used to determine soil color. Intermittent, ephemeral, and perennial drainages with characteristics of a defined streambed, streambank, OHWM, and other erosional features also were identified. The OHWM identifies the lateral jurisdictional limits of non-wetland WOTUS. Federal jurisdiction over non-wetland WOTUS extends to the OHWM, defined in 33 CFR 328.3 as “the line on the shore established by fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of the soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.” The Corps defines stream bed as “the substrate of the stream channel between the OHWMs. The substrate may be bedrock or inorganic particles that range in size from clay to boulders.” The boundaries of identified wetlands and other characteristics of a potential WOTUS were mapped using a Trimble Global Positioning System (GPS) unit. Data were differentially corrected using the CompassCom base station. All differential correction was completed using Trimble Pathfinder Office 5.9 software. GPS data were incorporated using ESRI® ArcGIS Desktop software. Additionally, where appropriate, wetlands were drawn on geo-rectified aerials and then digitized. Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado ERO Project #10291 17 ERO Resources Corporation Project Area Conditions Streams and Open Water Prior to the 2021 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 WOTUS. The USGS Fort Collins, Colorado and USGS Timnath, Colorado topographic quadrangles and NHD show several features in the project area including the Canal and Ditch. During the 2021 site visit, ERO mapped a total of 10.39 acres of OHWM in the project area (Table 1). Within the project area, the Canal is approximately 40 to 50 feet wide with 1- to 2-foot wetland fringes on either side (Figure 2c and Figure 2d; Photos 4 through 7). The Ditch connects to the Canal (Photo 10), which connects to the Eaton Ditch. Ultimately, the Eaton Ditch flows to Owl Creek, which subsequently flows to Lone Tree Creek. Lone Tree Creek is a tributary to the South Platte River, a TNW. Water was observed flowing in the Ditch and Canal during the 2021 site visit (Figures 2a and 2b and Figures 2d through 2h). In addition to the Canal and Ditch, one unnamed irrigation ditch occurs in the central portion of the project area (Figure 2c). No flowing or open water and no wetlands were identified in or along the unnamed irrigation ditch during the 2021 site visit (Photo 9). Wetlands During the 2021 site visit, ERO surveyed the project area for potential isolated wetlands, jurisdictional wetlands, and other WOTUS. ERO assessed the project area for wetlands and other WOTUS as described below. Data were collected from various locations in the project area to document the characteristics of uplands and wetlands, and the transition areas between them. Each data point (DP) was given a label that corresponds to a location shown on Figure 2a through Figure 2h and routine wetland determination forms in Appendix B. The following sections contain information on potential surface water connections of wetlands and other waters within the project area. Table 1 provides a summary of the mapped areas, including Cowardin classification and hydrogeomorphic (HGM) classification for each wetland (Cowardin et al. 1979; Brinson 1993). Approximately 0.52 acre of wetlands occur in the project area (Figures 2a and 2b and Figures 2d through 2h). Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado ERO Project #10291 18 ERO Resources Corporation Table 1. Wetland and open water features identified in the project area. Water/Wetland ID Longitude Latitude Feature Size (Acre) Cowardin Classification HGM Potential Jurisdictional Features Larimer and Weld Canal (OHWM) -105.007908 40.6026677 10.07 NA NA Number 8 Outlet Ditch (OHWM) -105.028212 40.6032381 0.21 NA NA Potential Nonjurisdictional Features Larimer and Weld Canal (Wetlands) -105.007222 40.6027849 0.52 Riverine Riverine Number 8 Outlet Ditch (Wetlands) -105.028764 40.6037329 0.004 Riverine Riverine Unnamed Irrigation Ditch (OHWM) -105.021325 40.6031511 0.11 NA NA Larimer and Weld Canal and Associated Wetlands The Canal traverses the center of the project area and contains 1- to 2-foot-wide wetland fringes along both banks (Figure 2). The wetland fringes along the Canal appear to be supported by surface water flows. The Canal and associated wetlands have an eventual downstream connection to Lone Tree Creek, a tributary of the South Platte River. The Canal and associated wetlands are described in more detail below. The Canal would likely be considered a jurisdictional WOTUS because of its downstream connection to a known WOTUS; however, the wetlands abutting the Canal might be considered nonjurisdictional because they are supported by irrigation flows and would likely dry up if irrigation ceased. Vegetation Riverine wetland fringes were delineated along the banks of the Canal throughout the majority of the project area. The wetland fringes along the Canal are dominated by Emory’s sedge and reed canarygrass. At DP1, the vegetation met the dominance test for hydrophytic vegetation. DP2 consisted primarily of upland species and did not meet the dominance test for hydrophytic vegetation. Soils The NRCS mapped the soils in this area as Fort Collins loam, 1 to 3 percent slopes (U.S. Department of Agriculture, Natural Resources Conservation Service 2022b). The soils at DP1 were assumed hydric due to the dominance of hydrophytic vegetation; however, no soil samples were taken due to the presence of riprap along the banks. No hydric soil indicators were observed at DP2. See Appendix B for additional details on soils for each DP. Hydrology Primary hydrologic indicators, including water marks and saturation visible on aerial imagery, were observed at DP1. Secondary hydrologic indicators at DP1 included geomorphic position. No hydrology indicators were observed at DP2. Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado ERO Project #10291 19 ERO Resources Corporation Number 8 Outlet Ditch and Associated Wetlands The Ditch and its associated wetland fringes occur in the western portion of the project area, north of the Canal (Figure 2). The wetland fringes appear to be supported by surface water flows. The Ditch has a downstream surface connection to the Canal, which has an eventual downstream connection to a tributary of the South Platte River, a known WOTUS. Additionally, the Ditch has previously been determined a jurisdictional WOTUS by the Corps in 2018 (Corps File No. NWO-2018-01605-DEN; Appendix C). The wetland fringes along the Ditch consist primarily of small fringe wetlands located intermittently along the ditch channel and are dominated by Emory’s sedge and reed canarygrass. Due to the similarity in vegetation community as DP1 and the steepness of the ditch banks, no soil pits were dug, and no DPs were taken along the ditch. Wetland Functions During the 2021 site visit, ERO identified ecological stressors in the wetlands. An understanding of the ecological functions of the stream and adjacent wetland and riparian areas can assist in the analysis and mitigation of potential impacts. Studies have recognized that riverine and palustrine systems provide particular functions to the environment. These functions are the chemical, physical, and biological processes or attributes vital to the integrity of riparian systems. Researchers recognize a variety of wetland and riparian functions that typically are related to water quality, biodiversity, and hydrological and ecological processes. The wetlands in the project area are low functioning due to their locations along the Canal and Ditch. The majority of the wetlands in the project area are dominated by Emory’s sedge and reed canarygrass and do not contain a high diversity of species or a variety of structure. Additionally, the wetlands appear to be supported by agricultural and stormwater runoff, not natural surface water or groundwater flows. Most of the wetlands are immediately adjacent to upland areas that appear to receive nutrient runoff from nearby agricultural areas. However, the wetlands likely provide habitat for wildlife or migratory birds and could potentially serve as a wildlife corridor through the project area. Overall, the wetlands in the project area are low functioning. Recommendations On September 28, 2018, the Corps issued a jurisdictional determination for the wetland and water features on the property directly north of the project area (Corps File No. NWO-2018-01605-DEN; Appendix C). The Corps determined that the Ditch is a WOTUS. Additionally, the Canal has an eventual downstream connection to a tributary of the South Platte River, a known TNW. If work is planned in these areas, a Section 404 permit would be required for the placement of dredged or fill material below the OHWM. The wetlands abutting the Canal and Ditch, as well as the unnamed irrigation ditch in the central portion of the project area, are likely nonjurisdictional. If work is planned in these areas, ERO recommends submitting a formal jurisdictional determination request to the Corps. If no work is planned in these areas, no further action is necessary. Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado ERO Project #10291 20 ERO Resources Corporation Threatened, Endangered, and Candidate Species During the 2021 site visit, ERO assessed the project area for potential habitat for threatened, endangered, and candidate species listed under the Endangered Species Act (ESA) of 1973, as amended (16 United States Code (U.S.C.) 1531 et seq.). 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 the project area, or that would be potentially affected by projects in the project area (Table 2). Table 2. Federally threatened, endangered, and candidate species potentially found in the project area or potentially affected by projects in the project area. Common Name Scientific Name Status* Habitat Habitat Present or Potential to Affect? Mammals Canada lynx Lynx canadensis T Moist boreal forests that have cold, snowy winters No habitat Preble’s meadow jumping mouse (Preble’s) Zapus hudsonius preblei T Shrub riparian/wet meadows Potential habitat present Birds Eastern black rail Laterallus jamaicensis ssp. jamaicensis T Marshes with standing water and dense or thick emergent vegetation No habitat Piping plover** Charadrius melodus T Sandy lakeshore beaches and river sandbars No habitat and no depletions anticipated Whooping crane** Grus americana E Mudflats around reservoirs and in agricultural areas No habitat and no depletions anticipated Fish Greenback cutthroat trout Oncorhynchus clarkii stomias T Cold, clear, gravel headwater streams and mountain lakes No habitat Pallid sturgeon** Scaphirhynchus albus E Large, turbid, free-flowing rivers with a strong current and gravel or sandy substrate No habitat and no depletions anticipated Insects Monarch butterfly Danaus plexippus C Dependent on milkweeds (Asclepiadoideae) as host plants and forage on blooming flowers; a summer resident No Plants 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 Western prairie fringed orchid** Platanthera praeclara T Mesic and wet prairies, sedge meadows No habitat and no depletions anticipated *T = Federally Threatened Species; E = Federally Endangered Species; 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: (U.S. Fish and Wildlife Service 2022). Potential Habitat and Possible Effects The proposed project would not affect the Canada lynx, eastern black rail, greenback cutthroat trout, or monarch butterfly because of the lack of potentially suitable habitat in the project area. The project area does not contain suitable habitat for ULTO because the wetland vegetation found in the project Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado ERO Project #10291 21 ERO Resources Corporation area is dominated by reed canarygrass, a species not usually associated with ULTO. In addition, there is an abrupt transition from wetlands to uplands in the project area, and the project area lacks the mesic vegetation communities typically associated with ULTO. The remaining species listed in Table 2 have potential habitat in the project area or could be affected by the project and therefore are discussed in more detail below. Platte River Species Species Background The piping plover (Charadrius melodus), whooping crane (Grus americana), pallid sturgeon (Scaphirhynchus albus), and western prairie fringed orchid (Platanthera praeclara) are species that rely heavily on habitat provided by the Platte River system. The piping plover and whooping crane may migrate through Colorado or may occasionally nest on wide sandy shores of reservoirs, typically in eastern Colorado. The project area consists primarily of road and canal rights-of-way and agricultural fields with habitat unsuitable for these species. The pallid sturgeon is a fish found in the Missouri and Middle Mississippi Rivers. The western prairie fringed orchid is a plant species found in tallgrass prairie ecosystem habitats west of the Mississippi River. Potential Habitat and Possible Effects Suitable habitat for the piping plover, whooping crane, pallid sturgeon, and western prairie fringed orchid is not found in the project area. The water conveyed by the proposed pipeline could be considered a depletion to the South Platte River system that could adversely affect these species. Consultation between the lead federal agency and the Service on these species may be necessary if the project has a federal nexus, such as a CWA Section 404 permit; however, pipeline projects are usually not required to consult on effects on depletion species if the intake of the water is not part of the CWA Section 404 permit. If there is no federal nexus for the project, or if the intake along a perennial stream is not included in the project, consultation on these species would not likely be required. Preble’s Meadow Jumping Mouse (Zapus hudsonius preblei) Species Background, Habitat Requirements, and Distribution Preble’s was listed as a threatened species on May 13, 1998, under the ESA (see Federal Register Vol. 63, No. 232:66777-66784, December 3, 1998). Under existing regulations, either a habitat assessment or a full presence/absence survey for Preble’s is required for any habitat-disturbing activity in areas determined to be potential Preble’s habitat (generally stream and riparian habitats along the Colorado Front Range and in southeastern Wyoming). Typically, Preble’s occurs below 7,600 feet in elevation, generally in lowlands with medium to high moisture along permanent or intermittent streams and canals (Meaney et al. 1997). Preble’s occurs in low undergrowth consisting of grasses and forbs, in open wet meadows, in riparian corridors near forests, or where tall shrubs and low trees provide adequate cover (Meaney et al. 1997). Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado ERO Project #10291 22 ERO Resources Corporation Potential Habitat, Possible Effects, and Recommendations No critical habitat for Preble’s is located in the project area, but portions of the project area fall within the general survey guidelines for Preble’s because the Ditch, Canal, and the 100-year floodplain of Boxelder Creek are in the project area and fit within survey guidelines for potential Preble’s habitat. During the 2021 site visit, ERO assessed the project area for potential Preble’s habitat. A majority of the project area was determined to not be appropriate Preble’s habitat or has a very low potential to be Preble’s habitat. The majority of the project area is agricultural cropland or disturbed uplands. The Canal and Ditch have no habitat present, with only fringe wetlands along the toe of slopes and steep banks that contain riparian overstory. Just east of the eastern project area boundary, potential low- quality Preble’s habitat was identified along Boxelder Creek in the riparian woodland/shrubland vegetation communities in this area (Photo 11); however, several trapping surveys for Preble’s have been conducted along Boxelder Creek in the vicinity of the project area, with no Preble’s found during these efforts (Wildland Consultants 1999a and 1999b; Colorado Urban Wild 1998 and 2000). The closest trapping survey that found Preble’s is approximately 7.8 miles northwest of the project area along the Cache la Poudre River in Larimer County, Colorado (Shenk, T 1998). Because of the low-quality of the potential habitat identified adjacent to the project area, the nearby negative results from trapping efforts, and the distance to the nearest known occupied habitat, it is ERO’s professional opinion that the project area is unlikely to support a population of Preble’s. ERO recommends submitting a habitat assessment to the Service requesting concurrence that the proposed project would not adversely affect the continued existence of Preble’s and that a trapping survey for Preble’s is not required. Other Species and Habitats of Concern Black-Tailed Prairie Dog Species Background The black-tailed prairie dog is a Colorado species of special concern (Colorado Parks and Wildlife 2020b). 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 nonoccupied sites (Whicker and Detling 1988); Witmer et al. 2000). Black-tailed prairie dogs are commonly considered a “keystone” species because their activities (burrowing and intense grazing) provide food and shelter for many other grassland species and have a large effect on community structure and ecosystem function (Power et al. 1996). Prairie dogs can contribute to overall landscape heterogeneity, affect nutrient cycling, and provide nest sites and shelter for wildlife (Whicker and Detling 1988). Species such as black-footed ferret, burrowing owl, prairie rattlesnake, and mountain plover are closely linked to prairie dog burrow systems for food and/or cover. Prairie dogs also provide an important prey resource for numerous predators including American badger, coyote, red fox, bald eagle, golden eagle, ferruginous hawk, and other raptors. Prairie dogs also Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado ERO Project #10291 23 ERO Resources Corporation can denude the surface by clipping aboveground vegetation and contributing to exposed bare ground by digging up roots (Kuford 1958). Potential Habitat and Possible Effects No prairie dog colonies were identified in the project area; however, an active prairie dog colony is located outside of the eastern project area boundary adjacent to the Canal (Figure 2). It is unlikely these prairie dogs will relocate from this colony into the project area since they occur on the south side of the Canal. In the event prairie dogs occupy the project area prior to construction, CPW recommends attempting to remove or exterminate prairie dogs prior to bulldozing an active prairie dog town for humane reasons. 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. The city of Fort Collins has regulations in their municipal land use code protecting prairie dog colonies that are 1 acre or larger and requires relocation or humane eradication methods. Larimer County follows CPW guidelines, and if a protected species such as the western burrowing owl is found, a mitigation plan is required. Recommendations If prairie dogs migrate into the project area and management becomes necessary, ERO recommends preparing a prairie dog management plan consistent with city of Fort Collins and CPW regulations for humane removal before any earthwork or construction takes place. Prior to any work that would disturb a colony between March 15 and October 31, colonies should be surveyed for burrowing owls. Western Burrowing Owl Species Background 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, Korfanta, and Lantz 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 (Colorado Bird Atlas Partnership 2016; Andrews and Righter 1992). More than 70 percent of sightings reported in Colorado Breeding Bird Atlases were in prairie dog colonies (Colorado Bird Atlas Partnership 2016). 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 typically present in Colorado from March 15 through October 31, with breeding from mid-April through early/mid-August (Andrews and Righter 1992; Colorado Bird Atlas Partnership 2016). CPW suggests conducting burrowing owl clearance Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado ERO Project #10291 24 ERO Resources Corporation surveys in prairie dog towns that are subject to poisoning or construction projects during the period from March 15 through October 31 (CPW 2021b). Potential Habitat and Possible Effects The prairie dog burrows adjacent to 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, as well as up to a month before egg laying and several months after young have fledged. CPW has a recommended buffer of ⅛ mile (660 feet) surrounding active burrowing owl nests during the nesting season (March 15 through August 31) (Colorado Parks and Wildlife 2021b). Burrowing owls could be impacted by the project if work would occur within CPW’s recommended 660-foot buffer of any burrows. Recommendations A burrowing owl survey should be conducted if work would occur within the recommended buffer of any burrow from March 15 through October 31. Additionally, CPW recommends conducting burrowing owl clearance surveys in prairie dog towns that are subject to poisoning and/or construction projects during this period (March 15 through October 31) (CPW 2021b). If owls are present within 660 feet of the project area, activities should be restricted until the owls have migrated from the site, which can be determined through monitoring. Construction occurring from November 1 through March 14 would not require clearance surveys. Raptors and Migratory Birds Background Migratory birds, as well as their eggs and nests, are protected under the MBTA. The MBTA does not contain any prohibition that applies to the destruction of a bird nest alone (without birds or eggs), provided that no possession occurs during the destruction. 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 and fully prosecutable under the MBTA (U.S. Fish and Wildlife 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 CFR 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 takes, at a minimum, 8 to 12 weeks. The best way to avoid a violation of the MBTA is to remove vegetation outside of the active breeding season, which typically falls between March and August, depending on the species. MBTA enforcement actions are typically the result of a concerned member of the community reporting a violation. Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado ERO Project #10291 25 ERO Resources Corporation CPW maintains a leadership role with respect to raptor management in Colorado; however, the primary authority for the regulation of take and the ultimate jurisdiction for most of these species rests with Service under the MBTA and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c). Potential Habitat and Possible Effects ERO surveyed the project area for nests during the 2021 site visit. ERO observed seven potential raptor nests within the 0.5-mile buffer of the project area (Figure 2). In addition, an active great horned owl nest was previously mapped within the 0.5-mile buffer of the project area by ERO in 2020; however, the nest was not active at the time of the 2021 site visit (ERO 2022). Because the 2021 site visit was conducted in December, when birds are not nesting, it is unknown if the nests are active during the breeding season or which species uses the nests. The size and shape of the nests and their positions in trees suggests they are raptor nests. Raptors such as red-tailed hawks and Swainson’s hawks could potentially use the observed nests. Additionally, ground-nesting bird nests are difficult to detect and may also be present in the uplands in the project area. Depending on the species, CPW recommends a ⅓- or ¼-mile buffer from active raptor nests from February through July for human encroachment activities or installation of a permanent or long-standing physical object or structure (CPW 2020a). The breeding season for most birds in Colorado is March through September, with the exception of a few species that begin breeding in February, such as great-horned owls. Recommendations To avoid destruction of potential migratory bird nests, vegetation removal should be conducted outside of the April 1 through August 31 breeding season. CPW has identified the primary nesting season for migratory birds in Colorado as occurring from April 1 through September 15 (CPW 2020a). However, a few species such as bald eagles, great horned owls, and red-tailed hawks can nest as early as December (eagles) or late February (owls and red-tailed hawks). Because of variability in the breeding seasons, ERO recommends that a nest survey be conducted within one week prior to construction to determine if any of the seven potential raptor nests, the great horned owl nest, or any other active nests are present in the project area so that they can be avoided. Additional nest surveys during the nesting season may also be warranted to identify active nesting species that may present additional development timing restrictions (e.g., eagles or red-tailed hawks). If active nests are identified in or near the project area, activities that would directly affect the nests should be restricted. Habitat-disturbing activities (e.g., tree removal, grading, scraping, and grubbing) should be conducted during the nonbreeding season to avoid disturbing active nests, or to avoid a “take” of the migratory bird nests in the project area. Nests can be removed during the September 1 through March 31 nonbreeding season to preclude future nesting and avoid violations of the MBTA. There is no process for removing nests during the nonbreeding season; however, nests 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 immediately prior to vegetation removal to determine if the nests are active and by which species. If active nests are found, any work Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado ERO Project #10291 26 ERO Resources Corporation that would destroy the nests or cause the birds to abandon young in the nest should not be conducted until the birds have vacated the nests. CPW has recommended buffer zones of ⅓ mile for active red-tailed hawk nests and ¼ mile for active Swainson’s hawk nests. Activities that would directly impact an active nest, or that would encroach close enough to cause adult birds to abandon the nest during the breeding season, should be restricted. Construction activities that could potentially be within a red-tailed hawk or other raptor buffer zone should commence outside of the February 15 to August 31 breeding season. Consultation with CPW or the Service may be required if construction is proposed within a buffer zone of an active raptor nest. Although there is no CPW buffer designated for great horned owls, any active nest should be left undisturbed until the birds have left the nest. CPW recommends consultation with local CPW staff early in the planning phase of project proposals to assess and develop site-specific recommendations based on preexisting conditions (e.g., existing development, topography, vegetation, and line-of-sight to nest). High Priority Habitat and Big Game In 2021, CPW released a High Priority Habitat (HPH) table that identifies species and habitats, as well as recommendations to avoid and minimize impacts on wildlife from land use development (Colorado Parks and Wildlife 2021a). ERO reviewed data from CPW map databases and determined that one HPH area, Aquatic Native Species Conservation Waters HPHC for Boxelder Creek, overlaps the project area (CPW 2021a). The Aquatic Native Species Conservation Waters HPH consists of all streams and/or lakes categorized as a Native Species Conservation Water, and CPW recommends no surface occupancy and no ground disturbance year-round within 500 feet of the OHWM of the stream (CPW 2021a). Other Wildlife The project area occurs within black bear (Ursus americanus), mountain lion (Puma concolor), mule deer (Odocoileus hemionus), olive-backed pocket mouse (Perognathus fasciatus), ring-necked pheasant (Phasianus colchicus), sagebrush vole (Lemmiscus curtatus), white-tailed deer (Odocoileus virginianus), and white-tailed jackrabbit (Lepus townsendii) overall range (NDIS 2021). The project area also occurs within bald eagle (Haliaeetus leucocephalus) winter range, Canada goose (Branta canadensis) foraging area and winter range, great blue heron (Ardea herodias) foraging area, mountain lion human conflict area, mule deer summer and winter range, and white-tailed deer winter range (NDIS 2021). Additionally, Boxelder Creek is directly east of the project area, and wildlife may occasionally forage in the project area due to the proximity of this natural habitat feature. The prairie dog colony adjacent to the project area provides prey for raptors and other wildlife, and it is likely raptors forage in this area due to the proximity to Boxelder Creek. However, because the project area is surrounded by I-25, North Timberline Road, Mountain Vista Drive, East Vine Road, and the Northeast Frontage Road, and due to the lack of vegetation structure in the project area, it is unlikely the project area provides significant wildlife habitat. Any wildlife using the project area have likely become adapted to human disturbance. Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado ERO Project #10291 27 ERO Resources Corporation Views The area surrounding the project area is largely agricultural and residentially developed, with several subdivisions and rural residences occurring in the project area. The project area is visible from surrounding roads and adjacent residential areas including the Waterfield, Trailhead, and Waterglen subdivisions west of I-25. The mountains to the west can be easily seen from many vantage points in the project area, and the Budweiser Brewery is visible from locations in the western portion of the project area. I-25 occurs in the project area and is visible from locations immediately adjacent to it in the project area. Rabbit Brush Park, located south of the project area in the Waterglen subdivision, is not visible from most locations in the project area due to topographic relief and vegetation screen. Trappers Lake, located west of the project area, is also not visible from the project area due to visual screening by residences, topographic relief, and vegetation. Boxelder Creek, located just east of the project area, is visible from the eastern portions of the project area. Impacts and Recommendations Providence proposes to construct a water pipeline in the project area. The pipeline would be buried and, therefore, impacts on vegetation would be temporary. 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 Boxelder Creek and is adjacent to a potentially 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 being surrounded by I-25, North Timberline Road, Mountain Vista Drive, East Vine Road, and the Northeast Frontage Road and little vegetation structure in the project area. Due to the nature of the project, ERO does not recommend constructing any visual screen of any type along the eastern portions of the project area. 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 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, Robert, and Robert W. Righter. 1992. Colorado Birds: A Reference to Their Distribution and Habitat. Denver, Colorado: Denver Museum of Nature & Science Press. Brinson, Mark M. 1993. “A Hydrogeomorphic Classification of Wetlands.” Wetlands Research Program Technical Report WRP-DE-4. Vicksburg, Mississippi: Army Engineers Waterways Experiment Station. Chapman, S.S., G.E. Griffith, J.M. Omernik, A.B. Price, J. Freeouf, and D.L. Schrupp. 2006. “Ecoregions of Colorado (Color Poster with Map, Descriptive Text, Summary Tables, and Photographs).” Reston, Virginia: U.S. Geological Survey. https://gaftp.epa.gov/epadatacommons/ORD/Ecoregions/co/co_eco_pg.pdf. Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado ERO Project #10291 28 ERO Resources Corporation City of Fort Collins. 2018. GIS Open Data Natural Habitat. https://data- fcgov.opendata.arcgis.com/datasets/natural-habitat?geometry=-105.03%2C40.474%2C- 104.949%2C40.485. Colorado Bird Atlas Partnership. 2016. The Second Colorado Breeding Bird Atlas. Denver, CO. https://cobreedingbirdatlasii.org/. Colorado Parks and Wildlife (CPW). 2020a. “Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors.” https://cpw.state.co.us/Documents/WildlifeSpecies/LivingWithWildlife/Raptor-Buffer- Guidelines.pdf. Colorado Parks and Wildlife (CPW). 2020b. “Species Profiles.” 2020. https://cpw.state.co.us/learn/Pages/SpeciesProfiles.aspx. Colorado Parks and Wildlife (CPW). 2021a. “CPW Recommendations to Avoid and Minimize Impacts to Wildlife from Land Use Development in Colorado.” Colorado Parks and Wildlife (CPW). 2021b. “Recommended Survey Protocol and Actions to Protect Nesting Burrowing Owls.” Colorado Urban Wild. 1998 and 2000. Trapping survey results submitted to the U.S. Fish and Wildlife Service along Boxelder Creek in Larimer County, Colorado. Reference provided by U.S. Fish and Wildlife Service (2021). Cowardin, Lewis M., Virginia Carter, Francis C. Golet, and Edward T. LaRoe. 1979. “Classification of Wetlands and Deepwater Habitats of the United States.” FWS/OBS-79/31. Washington, D.C: Department of the Interior, U.S. Fish and Wildlife Service, Office of Biological Services Program. Environmental Laboratory. 1987. “Corps of Engineers Wetlands Delineation Manual.” Wetlands Research Program Technical Report Y-87-1. Vicksburg, Mississippi: U.S. Army Engineer Waterways Experiment Station. https://www.lrh.usace.army.mil/Portals/38/docs/USACE%2087%20Wetland%20Delineation%20 Manual.pdf. ERO Resources Corporation (ERO). 2022. “Raptor Database.” Gillihan, Scott W., and Scott W. Hutchings. 2000. “Best Management Practices for Shortgrass Prairie Birds: A Landowner’s Guide.” Brighton, Colorado: Colorado Bird Observatory. http://www.rmbo.org/pubs/downloads/bmp.pdf. Haug, Elizabeth A., and Lynn W. Oliphant. 1990. “Movements, Activity Patterns, and Habitat Use of Burrowing Owls in Saskatchewan.” The Journal of Wildlife Management 54 (1): 27–35. https://doi.org/10.2307/3808896. Kuford, Carl B. 1958. “Prairie Dogs, Whitefaces, and Blue Grama.” Wildlife Monographs, no. 3: 3–78. McDonald, David, Nicole M. Korfanta, and Sarah J. Lantz. 2004. “The Burrowing Owl (Athene Cunicularia): A Technical Conservation Assessment.” Prepared for the USDA Forest Service, Rocky Mountain Region, Species Conservation Project. http://a123.g.akamai.net/7/123/11558/abc123/forestservic.download.akamai.com/11558/ww w/nepa/91137_FSPLT3_2553024.pdf. Meaney, Carron A., Alison Deans, Norman W. Clippinger, Melissa Rider, Nelson Daly, and Maureen O’Shea-Stone. 1997. “Third Year Survey for Preble’s Meadow Jumping Mouse (Zapus Hudsonius Preblei) in Colorado.” Prepared for the Colorado Division of Wildlife, Boulder, Colorado. Natural Diversity Information Source (NDIS). 2021. Colorado Parks and Wildlife: Colorado Hunting Atlas. 2021. https://ndismaps.nrel.colostate.edu/index.html?app=HuntingAtlas. Power, Mary E., David Tilman, James A. Estes, Bruce A. Menge, William J. Bond, L. Scott Mills, Gretchen Daily, Juan Carlos Castilla, Jane Lubchenco, and Robert T. Paine. 1996. “Challenges in the Quest Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado ERO Project #10291 29 ERO Resources Corporation for Keystones: Identifying Keystone Species Is Difficult—but Essential to Understanding How Loss of Species Will Affect Ecosystems.” BioScience 46 (8): 609–20. https://doi.org/10.2307/1312990. Shenk, T. 1998. Trapping survey results submitted to the U.S. Fish and Wildlife Service along Cache la Poudre River in Larimer County, Colorado. Reference provided by U.S. Fish and Wildlife Service (2021). U.S. Army Corps of Engineers (Corps). 2010. “Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Great Plains Region (Version 2.0).” Vicksburg, Mississippi. https://usace.contentdm.oclc.org/utils/getfile/collection/p266001coll1/id/7613. U.S. Army Corps of Engineers (Corps). 2016. “Regulatory Guidance Letter 16-01.” U.S. Army Corps of Engineers. https://www.spn.usace.army.mil/Portals/68/docs/regulatory/resources/RGL/RGL16- 01.pdf. U.S. Army Corps of Engineers (Corps). 2020. “National Wetland Plant List.” U.S. Department of Agriculture and Natural Resource Conservation Service (USDA, NRCS). 2006. “Land Resource Regions and Major Land Resource Areas of the United States, the Caribbean, and the Pacific Basin.” Agriculture Handbook 296. Washington, D.C: U.S. Department of Agriculture. U.S. Department of Agriculture, Natural Resources Conservation Service (USDA, NRCS). 2022a. “PLANTS Database.” PLANTS Database. 2022. https://plants.sc.egov.usda.gov/home. U.S. Department of Agriculture, Natural Resources Conservation Service (USDA, NRCS). 2022b. “Web Soil Survey.” 2022. https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm. U.S. Environmental Protection Agency (EPA). 2020. “Navigable Waters Protection Rule Overview.” U.S. Environmental Protection Agency (EPA). August 27, 2020. https://www.epa.gov/nwpr/navigable-waters-protection-rule-overview. U.S. Fish and Wildlife Service (Service). 2003. “Migratory Bird Permit Memorandum.” https://www.fws.gov/migratorybirds/pdf/policies-and-regulations/MBPM-2nest.PDF. U.S. Fish and Wildlife Service (Service). 2022. “Information for Planning and Consultation (IPaC) Resource List.” 2022. https://ecos.fws.gov/ipac/. Whicker, April, and James Detling. 1988. “Ecological Consequences of Prairie Dog Disturbances.” BioScience 38 (December). Wildland Consultants. 1999a and 1999b. Trapping survey results submitted to the U.S. Fish and Wildlife Service along Boxelder Creek in Larimer County, Colorado. Reference provided by U.S. Fish and Wildlife Service (2021). Witmer, Gary, Kurt VerCauteren, Karen Manci, and Donna Dees. 2000. “Urban-Suburban Prairie Dog Management: Opportunities and Challenges.” https://doi.org/10.5070/V419110183. Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado ERO Project #10291 ERO Resources Corporation Appendix A Photo Log Photo Log Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado December 17, 2021 Photo 1 - Overview of agricultural uplands in the western portion of the project area. View is to the east. Photo 2 - Overview of uplands adjacent to the Larimer and Weld Canal in the western portion of the project area. View is to the southeast. Photo Log Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado December 17, 2021 Photo 3 - Overview of uplands in the central portion of the project area. View is to the south. Photo 4 - Overview of the Larimer and Weld Canal and associated wetland fringes in the western portion of the project area. View is to the northeast. Photo Log Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado December 17, 2021 Photo 5 - Overview of the Larimer and Weld Canal and associated wetland fringes in the central portion of the project area. View is to the southwest. Photo 6 - Overview of the Larimer and Weld Canal and associated wetland fringes in the eastern portion of the project area. View is to the east. Photo Log Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado December 17, 2021 Photo 7 - Overview of the Larimer and Weld Canal and associated wetland fringes in the eastern portion of the project area. View is to the northwest. Photo 8 - Overview of the Number 8 Outlet Ditch in the western portion of the project area. View is to the south. Photo Log Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado December 17, 2021 Photo 9 - Overview of unnamed irrigation ditch in the western central portion of the project area. View is to the southwest. Photo 10 - Overview of Number 8 Outlet Ditch connection to the Larimer and Weld Canal in the western portion of the project area. View is to the northwest. Photo Log Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado December 17, 2021 Photo 11 - Overview of potential Preble’s habitat along Boxelder Creek adjacent to the eastern project area boundary. View is to the southeast. Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado ERO Project #10291 ERO Resources Corporation Appendix B Routine Wetland Determination Forms US Army Corps of Engineers Great Plains – Version 2.0 WETLAND DETERMINATION DATA FORM – Great Plains Region Project/Site: City/County: Sampling Date: Applicant/Owner: State: Sampling Point: Investigator(s): Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): Subregion (LRR): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are “Normal Circumstances” present? Yes No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes No Wetland Hydrology Present? Yes No Is the Sampled Area within a Wetland? Yes No Remarks: VEGETATION – Use scientific names of plants. Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC (excluding FACí): (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% 3 - Prevalence Index is 3.01 4 - Morphological Adaptations1 (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Absolute Dominant Indicator Tree Stratum (Plot size: ) % Cover Species? Status 1. 2. 3. 4. = Total Cover Sapling/Shrub Stratum (Plot size: ) 1. 2. 3. 4. 5. = Total Cover Herb Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. = Total Cover Woody Vine Stratum (Plot size: ) 1. 2. = Total Cover % Bare Ground in Herb Stratum Hydrophytic Vegetation Present? Yes No Remarks: NEWT 3 Pipeline - Fort Collins Reach Larimer County 12/17/21 Providence Infrastructure Consultants CO DP1 A. Wistrom Section 5, T7N, R68W bankslope none 10-15 G 40.60189607°N -105.0298776°W Fort Collins loam, 1 to 3 percent slopes Riverine Y Fringe wetland along Larimer and Weld Canal. Bank slope covered in rip rap 30' 2 2 15'100 5' Phalaris arundinacea Bromus inermis Bassia scoparia 40 30 5 5 80 Y Y N N OBL FACW UPL FACU 20 Carex emoryi US Army Corps of Engineers Great Plains – Version 2.0 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type1 Loc2 Texture Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: Histosol (A1) Sandy Gleyed Matrix (S4) 1 cm Muck (A9) (LRR I, J) Histic Epipedon (A2) Sandy Redox (S5) Coast Prairie Redox (A16) (LRR F, G, H) Black Histic (A3) Stripped Matrix (S6) Dark Surface (S7) (LRR G) Hydrogen Sulfide (A4) Loamy Mucky Mineral (F1) High Plains Depressions (F16) Stratified Layers (A5) (LRR F) Loamy Gleyed Matrix (F2) (LRR H outside of MLRA 72 & 73) 1 cm Muck (A9) (LRR F, G, H) Depleted Matrix (F3) Reduced Vertic (F18) Depleted Below Dark Surface (A11) Redox Dark Surface (F6) Red Parent Material (TF2) Thick Dark Surface (A12) Depleted Dark Surface (F7) Very Shallow Dark Surface (TF12) Sandy Mucky Mineral (S1) Redox Depressions (F8) Other (Explain in Remarks) 2.5 cm Mucky Peat or Peat (S2) (LRR G, H) High Plains Depressions (F16) 3Indicators of hydrophytic vegetation and 5 cm Mucky Peat or Peat (S3) (LRR F) (MLRA 72 & 73 of LRR H) wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if present): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one required; check all that apply) Secondary Indicators (minimum of two required) Surface Water (A1) Salt Crust (B11) Surface Soil Cracks (B6) High Water Table (A2) Aquatic Invertebrates (B13) Sparsely Vegetated Concave Surface (B8) Saturation (A3) Hydrogen Sulfide Odor (C1) Drainage Patterns (B10) Water Marks (B1) Dry-Season Water Table (C2) Oxidized Rhizospheres on Living Roots (C3) Sediment Deposits (B2) Oxidized Rhizospheres on Living Roots (C3) (where tilled) Drift Deposits (B3) (where not tilled) Crayfish Burrows (C8) Algal Mat or Crust (B4) Presence of Reduced Iron (C4) Saturation Visible on Aerial Imagery (C9) Iron Deposits (B5) Thin Muck Surface (C7) Geomorphic Position (D2) Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) FAC-Neutral Test (D5) Water-Stained Leaves (B9) Frost-Heave Hummocks (D7) (LRR F) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): (includes capillary fringe) Wetland Hydrology Present? Yes No Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: DP1 Rip rap 0" Soils assumed hydric based on wetland vegetation and hydrology. Could not dig due to rip rap along banks of Canal US Army Corps of Engineers Great Plains – Version 2.0 WETLAND DETERMINATION DATA FORM – Great Plains Region Project/Site: City/County: Sampling Date: Applicant/Owner: State: Sampling Point: Investigator(s): Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): Subregion (LRR): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are “Normal Circumstances” present? Yes No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes No Wetland Hydrology Present? Yes No Is the Sampled Area within a Wetland? Yes No Remarks: VEGETATION – Use scientific names of plants. Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC (excluding FACí): (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% 3 - Prevalence Index is 3.01 4 - Morphological Adaptations1 (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Absolute Dominant Indicator Tree Stratum (Plot size: ) % Cover Species? Status 1. 2. 3. 4. = Total Cover Sapling/Shrub Stratum (Plot size: ) 1. 2. 3. 4. 5. = Total Cover Herb Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. = Total Cover Woody Vine Stratum (Plot size: ) 1. 2. = Total Cover % Bare Ground in Herb Stratum Hydrophytic Vegetation Present? Yes No Remarks: NEWT 3 Pipeline - Fort Collins Reach Larimer County 12/17/21 Providence Infrastructure Consultants CO DP2 A. Wistrom Section 5, T7N, R68W top of bankslope none 0 G 40.60187115°N -105.0298765°W Fort Collins loam, 1 to 3 percent slopes n/a Upland point adjacent to fringe wetland along Larimer and Weld Canal 30' 0 2 15'0 5' Elymus trachycaulus Bromus inermis Bromus tectorum 40 20 10 10 80 Y Y N N FACU FACU UPL UPL 20 Bassia scoparia US Army Corps of Engineers Great Plains – Version 2.0 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type1 Loc2 Texture Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: Histosol (A1) Sandy Gleyed Matrix (S4) 1 cm Muck (A9) (LRR I, J) Histic Epipedon (A2) Sandy Redox (S5) Coast Prairie Redox (A16) (LRR F, G, H) Black Histic (A3) Stripped Matrix (S6) Dark Surface (S7) (LRR G) Hydrogen Sulfide (A4) Loamy Mucky Mineral (F1) High Plains Depressions (F16) Stratified Layers (A5) (LRR F) Loamy Gleyed Matrix (F2) (LRR H outside of MLRA 72 & 73) 1 cm Muck (A9) (LRR F, G, H) Depleted Matrix (F3) Reduced Vertic (F18) Depleted Below Dark Surface (A11) Redox Dark Surface (F6) Red Parent Material (TF2) Thick Dark Surface (A12) Depleted Dark Surface (F7) Very Shallow Dark Surface (TF12) Sandy Mucky Mineral (S1) Redox Depressions (F8) Other (Explain in Remarks) 2.5 cm Mucky Peat or Peat (S2) (LRR G, H) High Plains Depressions (F16) 3Indicators of hydrophytic vegetation and 5 cm Mucky Peat or Peat (S3) (LRR F) (MLRA 72 & 73 of LRR H) wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if present): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one required; check all that apply) Secondary Indicators (minimum of two required) Surface Water (A1) Salt Crust (B11) Surface Soil Cracks (B6) High Water Table (A2) Aquatic Invertebrates (B13) Sparsely Vegetated Concave Surface (B8) Saturation (A3) Hydrogen Sulfide Odor (C1) Drainage Patterns (B10) Water Marks (B1) Dry-Season Water Table (C2) Oxidized Rhizospheres on Living Roots (C3) Sediment Deposits (B2) Oxidized Rhizospheres on Living Roots (C3) (where tilled) Drift Deposits (B3) (where not tilled) Crayfish Burrows (C8) Algal Mat or Crust (B4) Presence of Reduced Iron (C4) Saturation Visible on Aerial Imagery (C9) Iron Deposits (B5) Thin Muck Surface (C7) Geomorphic Position (D2) Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) FAC-Neutral Test (D5) Water-Stained Leaves (B9) Frost-Heave Hummocks (D7) (LRR F) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): (includes capillary fringe) Wetland Hydrology Present? Yes No Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: DP2 Did not dig due to dominance of upland vegetation and lack of hydrologic indicators. Ecological Characterization Study NEWT 3 Pipeline – Fort Collins Reach Larimer County, Colorado ERO Project #10291 ERO Resources Corporation Appendix C Corps File No. NWO-2018-01605-DEN