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HomeMy WebLinkAboutMONTAVA - PHASE E TOWN CENTER - BDR220003 - MONTAVA SUBMITTAL DOCUMENTS - ROUND 1 - ECS REPORT Denver • Durango • Hotchkiss • Idaho www.eroresources.com Consultants in Natural Resources and the Environment Ecological Characterization Study Montava Property Phase E Mountain Vista Drive and Giddings Road Fort Collins, Colorado Prepared for— HF2M 1637 Pearl Street, Suite 204 Boulder, Colorado 80302 Prepared by— ERO Resources Corporation 1842 Clarkson Street Denver, Colorado 80218 (303) 830-1188 ERO Project #6965 December 15, 2021 Ecological Characterization Study Montava Property Phase E – Mountain Vista Drive and Giddings Road Fort Collins, Colorado ERO Project #6965 i ERO Resources Corporation Contents Executive Summary ................................................................................................................ ii Introduction .......................................................................................................................... 1 Project Area Location ............................................................................................................. 2 Summary of Ecological Setting ................................................................................................ 2 Vegetation Communities ........................................................................................................ 4 Wetlands and Waters of the U.S. ............................................................................................ 4 Background ...................................................................................................................................... 4 Project Area Conditions ................................................................................................................... 6 Threatened, Endangered, and Candidate Species .................................................................... 6 Potential Habitat and Possible Effects ............................................................................................. 8 Preble’s Meadow Jumping Mouse ................................................................................................... 8 Ute Ladies’-Tresses Orchid ............................................................................................................... 9 Other Species of Concern ..................................................................................................... 10 Migratory Birds .............................................................................................................................. 10 Other Wildlife ...................................................................................................................... 11 Views .................................................................................................................................. 11 Impacts and Recommendations ............................................................................................ 11 References ........................................................................................................................... 12 Tables Table 1. Federally threatened, endangered, and candidate species potentially found in the project area. .............................................................................................................................. 7 Figures Figure 1. Vicinity Map ...................................................................................................................... 3 Figure 2. Existing Conditions ............................................................................................................ 5 Appendices Appendix A Photo Log Appendix B Commonly Occurring Plant Species in the Project Area Ecological Characterization Study Montava Property Phase E – Mountain Vista Drive and Giddings Road Fort Collins, Colorado ERO Project #6965 ii ERO Resources Corporation Executive Summary HF2M retained ERO Resources Corporation (ERO) to provide an Ecological Characterization Study for an 850- acre property south of Richards Lake Road and west of Interstate 25 (I-25) in Fort Collins, Larimer County, Colorado (project area). ERO assessed Phase E 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, other wildlife, and visual resources. 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 HF2M. 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 Number 8 Outlet Ditch occurs on the western boundary of the project area. In a letter dated September 28, 2018, the U.S. Army Corps of Engineers (Corps) stated that the Number 8 Outlet Ditch is considered a water of the U.S. (NWO-2018-01605-DEN) (Corps 2018). If work is planned in this area, a Section 404 permit would be required for the placement of dredged or fill material below the ordinary high water mark or in the wetlands. Threatened and Endangered Species – The project area does not contain habitat for any federally listed species; therefore, no action is necessary regarding threatened and endangered species. Migratory Birds – No bird nests were observed during the 2021 site visit; however, trees, shrubs, and upland grasslands in the project area provide potential nesting habitat. The Denver Field Office of the U.S. Fish and Wildlife Service (2009) and Colorado Department of Transportation (2011) have identified the primary nesting season for migratory birds in eastern Colorado as occurring from April 1 to August 31. However, some birds, such as the red-tailed hawk and great horned owl, can nest as early as February or March. Because of variability in the breeding seasons of various bird species, ERO recommends a nest survey be conducted within one week prior to construction to determine if any active nests are present in the project area so they can be avoided. If active nests are found, any work that would destroy the nests should not be conducted until the birds have vacated the nests. Other Wildlife – The project area is in the overall range of mule deer, white-tailed deer, and black bear. Raptors and other wildlife may occasionally forage in the project area due to the proximity of these natural habitat features. However, because the project area is surrounded by residential developments to the north and west and Mountain Vista Drive to the south, and due to the lack of vegetation structure in the project area, it is unlikely the project area provides significant habitat for wildlife. Furthermore, no wildlife movement corridors exist within the project area boundaries, and the Number 8 Outlet Ditch is too steep and degraded to provide any wildlife habitat or serve as a movement corridor. Any wildlife using the project area have likely become adapted to human disturbance due to the proximity of I-25. Visual Resources – The area surrounding the project area is largely undeveloped, with some commercial buildings to the east, light residential development to the west and south, and agricultural land to the northeast. The project area is visible from surrounding roads. The mountains to the west, including a view of Long’s Peak, can be easily seen from almost any vantage point in the project area. Richards Lake and Long Pond, located west of the project area, are currently not visible from the project area due to topographic relief and development. ERO Project #6965 1 ERO Resources Corporation Ecological Characterization Study Montava Property Phase E Mountain Vista Drive and Giddings Road Fort Collins, Colorado December 15, 2021 Introduction HF2M retained ERO Resources Corporation (ERO) to provide an Ecological Characterization Study (ECS) for Phase E of a larger 850-acre property south of Richards Lake Road and west of Interstate 25 (I-25) in Fort Collins, Larimer County, Colorado (project area). On April 12 and June 25, 2018 and October 27, 2021, Moneka Worah, Anica Sunshine, and Erin Cubley with ERO visited the project area to review potential natural resources (2018 and 2021 site visits). During these assessments, activities included a 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. As required under Article 3, this ECS describes the following: (a) the wildlife use of the area showing the species of wildlife using the area, the times or seasons that the area is used by those species, and the “value” (meaning feeding, watering, cover, nesting, roosting, and perching) that the area provides for such wildlife species; (b) the boundary of wetlands in the area and a description of the ecological functions and characteristics provided by those wetlands; (c) any prominent views from or across the site; (d) the pattern, species, and location of any significant native trees and other native site vegetation; (e) the bank, shoreline, and high water mark of any perennial stream or body of water on the site; (f) areas inhabited by or frequently used by Sensitive and Specially Valued Species; (g) special habitat features; Ecological Characterization Study Montava Property Phase E – Mountain Vista Drive and Giddings Road Fort Collins, Colorado ERO Project #6965 2 ERO Resources Corporation (h) wildlife movement corridors; (i) the general ecological functions provided by the site and its features; (j) any issues regarding the timing of development-related activities stemming from the ecological character of the area; and (k) any measures needed to mitigate the projected adverse impacts of the development project on natural habitats and features. Project Area Location The project area is in Section 32, Township 8 North, Range 68 West of the 6th Principal Meridian in Larimer County, Colorado (Figure 1). The UTM coordinates for the approximate center of the project area are 497704mE, 4495863mN, Zone 13 North. The longitude/latitude of the project area is 105.027137°W/ 40.613581°N. The elevation of the project area is approximately 5,000 feet above sea level. The photo log is included in Appendix A. Summary of Ecological Setting The U.S. Department of Agriculture (USDA) maps the project area in the southern part of the Central High Plains Major Land Resource Area (MLRA), which is characterized by a flat to gently rolling landscape formed by glacial drift material and sediment deposition from the Rocky Mountains (USDA, Natural Resources Conservation Service (NRCS) 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 45°F to 55°F with the number of frost-free days ranging from 135 to 190. 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 in 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. Project Are a Prepared for: Chase Merritt File: 6965 Figure 1.mxd (GS) December 1, 2021 ± Figure 1 Vicinity Map Montava Property Ecological Characterization Assessment 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 © 2021 ESRI and its licensors. All rights r ese rve d. 0 1,500750Feet LocationPath: P:\6900 Projects\6965 Larimer CR 50 at I-25 Phase 1 ESA-NRA\Maps\NR\Phase E ECS\6965 Figure 1.mxdSec tion 32, T8N, R68W; 6th PM UTM NAD 83: Zone 13N; 497704mE, 4495863mN Longitude 105.027137°W, Latitude 40.613581°N USGS Fort Collins, CO Quadrangle Larimer County, Colorado Ecological Characterization Study Montava Property Phase E – Mountain Vista Drive and Giddings Road Fort Collins, Colorado ERO Project #6965 4 ERO Resources Corporation 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 bounded by agricultural land and mixed grasslands in all cardinal directions (Figure 2). The primary vegetation communities in the project area consist of agricultural land (Photos 2 and 4) and disturbed and mixed uplands (Photos 1 and 3). The upland vegetation is a mixture of smooth brome (Bromus inermis), crested wheatgrass (Agropyron cristatum), cheatgrass (Bromus tectorum), field bindweed (Convolvulus arvensis), green needle grass (Nassella viridula), and rubber rabbitbrush (Ericameria nauseosa). In addition, the Number 8 Outlet Ditch runs along the western boundary of the project area (Figure 2; Photo 1). Wetland vegetation in the ditch is dominated by reed canarygrass (Phalaris arundinacea), cattail (Typha spp.), and softstem bulrush (Schoenoplectus tabernaemontani). 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 (EPA 2020). A preliminary injunction was granted for Colorado. 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 ECS follows the Rapanos guidelines. Potential rulings and guidance in the future could change the results of this ECS 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. &&&&Number 8 Outlet DitchMountain Vista Drive P4 P3 P2 P1 Prepared for: Chase Merritt File: 6965 Figure 2.mxd (GS) December 1, 2021 ± Figure 2 Existing Conditions Montava Property Ecological Characterization Assessment 0 350175FeetPath: P:\6900 Projects\6965 Larimer CR 50 at I-25 Phase 1 ESA-NRA\Maps\NR\Phase E ECS\6965 Figure 2.mxdImage Source: Google Earth©, June 2021&Photo Point Project Area Boundary Vegetation Communities Agricultural Field Mixed Upland Grassland Ecological Characterization Study Montava Property Phase E – Mountain Vista Drive and Giddings Road Fort Collins, Colorado ERO Project #6965 6 ERO Resources Corporation 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. Project Area Conditions Streams and Open Water Prior to the 2018 and 2021 site visits, 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 topographic quadrangle and NHD do not show any natural drainages occurring in the project area. The Number 8 Outlet Ditch is shown on the USGS Fort Collins topographic quadrangle and NHD as occurring along the western boundary of the project area (Figure 2). The Number 8 Outlet Ditch is 15 to 20 feet wide in the project area and contains patches of fringe wetlands dominated by reed canarygrass, cattail, softstem bulrush, sedge (Carex sp.), and speedwell (Veronica sp.). The ditch has very steep upland banks dominated by smooth brome (Bromus inermis), sunflower (Helianthus sp.), western wheatgrass (Pascopyrum smithii), Canada thistle (Cirsium arvense), and kochia (Kochia scoparia). The Number 8 Outlet Ditch connects to the Larimer and Weld Canal, 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. The project area is in Hydrologic Unit 101900070805. Wetlands During the 2018 and 2021 site visits, ERO surveyed the project area for potential isolated wetlands, jurisdictional wetlands, and other WOTUS. Apart from wetlands and water associated with the Number 8 Outlet Ditch on the western project area boundary, no wetlands or other waters were identified in the project area. Threatened, Endangered, and Candidate Species During the 2018 and 2021 site visits, ERO assessed the project area for potential habitat for threatened, endangered, and candidate species listed under the Endangered Species Act (ESA). Federally threatened and endangered species are protected under the ESA. Adverse effects on a federally listed species or its habitat require consultation with the U.S. Fish and Wildlife Service (Service) under Section 7 or 10 of the ESA. The Service lists several threatened and endangered species with potential habitat in Larimer County, or that would be potentially affected by projects in Larimer County (Table 1). Ecological Characterization Study Montava Property Phase E – Mountain Vista Drive and Giddings Road Fort Collins, Colorado ERO Project #6965 7 ERO Resources Corporation Table 1. Federally threatened, endangered, and candidate species potentially found in the project area or that could be affected by projects in the project area. Common Name Scientific Name Status* Habitat Habitat Present or Potential to be Affected by Project? Mammals Canada lynx Lynx canadensis T Climax boreal forest with a dense understory of thickets and windfalls No Preble’s meadow jumping mouse (Preble’s) Zapus hudsonius preblei T Shrub riparian/wet meadows No Birds Eastern black rail Laterallus jamaicensis T Shallow cattail wetlands and wet sedge meadows with dense cover in the Arkansas River drainage in southeastern Colorado and the Republican River in east-central Colorado No 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 clarki stomias T Clear, swift-flowing mountain streams with cover such as overhanging banks and vegetation and mountain lakes No 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 Invertebrates Monarch butterfly Danaus plexippus 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 Moist to wet prairies and 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: Service 2021. Ecological Characterization Study Montava Property Phase E – Mountain Vista Drive and Giddings Road Fort Collins, Colorado ERO Project #6965 8 ERO Resources Corporation Potential Habitat and Possible Effects Suitable habitat for Canada lynx, eastern black rail, and greenback cutthroat trout was not observed in the project area during the 2018 and 2021 site visits. The piping plover, whooping crane, pallid sturgeon, and western prairie fringed orchid are species that are affected by depletions to the Platte River system. Based on ERO’s knowledge of the types of activities likely to be implemented as part of the project, there would be no depletions to the South Platte River. If the project includes activities that deplete water in the South Platte River, such as diverting water from a stream or developing new water supplies, these species could be affected by the project and consultation with the Service may be required. Monarch butterflies migrate through Colorado in the summer, although the project area is not in a designated migration corridor or breeding or overwintering area for this species (Service 2019). Monarch butterflies are dependent on milkweeds (primarily Asclepias spp.) as a host plant for egg laying and larval development. Several scattered milkweeds were observed in the project area during the 2018 and 2021 site visits. This species may occasionally travel through the project area but is not likely to lay eggs because host plants appear to be lacking and because of the potential predation by invasive paper wasps (Polistes dominula), which are particularly abundant in urban settings (Baker and Potter 2020). As a candidate species, monarch butterflies are not currently under federal regulation. Potential habitat for Preble’s and ULTO is generally more prevalent in areas across the Front Range. Because these species are more likely to be addressed by counties and regulatory agencies such as the Corps, a more detailed discussion is provided below. Preble’s Meadow Jumping Mouse Species Background Preble’s was listed as a threatened species on May 13, 1998. Several petitions to delist Preble’s have been filed with the Service since 2011. On March 30, 2017, a petition to delist Preble’s was filed; the Service found that the petition did not present substantial scientific or commercial information indicating that delisting Preble’s may be warranted (83 Federal Register (FR) 16819). The Service refers to this finding as a “not substantial” petition finding (83 FR 16819). On August 10, 2018, the Service announced the initiation of a 5-year status review for Preble’s (83 FR 39771). Until the completion of this 5-year finding, Preble’s remains protected under the ESA. Preble’s is found along the foothills of southeastern Wyoming and southward along the eastern edge of the Colorado Front Range to Colorado Springs (Clark and Stromberg 1987). The semiarid climate in southeastern Wyoming and eastern Colorado limits the extent of riparian corridors and, therefore, restricts Preble’s range, which is associated with these corridors. Along Colorado’s Front Range, Preble’s is found below 7,800 feet in elevation, generally in lowlands with medium to high moisture along permanent or intermittent streams. Preble’s prefer riparian areas featuring well-developed, multistoried, and horizontal cover with an understory of grasses and forbs Ecological Characterization Study Montava Property Phase E – Mountain Vista Drive and Giddings Road Fort Collins, Colorado ERO Project #6965 9 ERO Resources Corporation (Bakeman 1997; Bakeman and Deans 1997). Preble’s typically inhabits areas characterized by plains riparian vegetation with relatively undisturbed grassland and a water source nearby (Armstrong et al. 2011). High-use areas for Preble’s tend to be close to creeks and are associated with a high percentage of shrubs, grasses, and woody debris (Trainor et al. 2007). Previous studies have suggested that Preble’s may have a wider ecological tolerance than previously thought and that the requirement for diverse vegetation and well-developed cover can be met under a variety of circumstances (Meaney et al. 1997). Radio-tracking studies conducted by Colorado Parks and Wildlife (CPW) have documented Preble’s using upland habitat adjacent to wetlands and riparian areas (Shenk and Sivert 1999). Additional research by CPW has suggested that habitat quality for Preble’s can be predicted by the amount of shrub cover available at a site (White and Shenk 2000). Mountain riparian sites may be surrounded by dense forest vegetation (such as ponderosa pine in Colorado), and sites on the plains have less woody vegetation. Potential Habitat and Recommendations During the 2018 and 2021 site visits, ERO assessed the project area for potential Preble’s habitat. The project area is dominated by agricultural land and weedy nonnative vegetation species and does not contain any potential habitat for Preble’s. The project area does not contain a sufficient shrub cover by sandbar willow (Salix exigua) and other riparian shrubs that are typically associated with known Preble’s habitat. The closest known population of Preble’s is more than 7 miles northwest of the project area, and several habitat assessments and trapping surveys have been completed near the project area in better habitat with no Preble’s or suitable Preble’s habitat identified (URS Greiner Woodwar 2004; Colorado Urban Wild 2000; Wildland Consultant 1999). Because the project area does not contain any potential habitat for Preble’s, no further action is necessary. Ute Ladies’-Tresses Orchid Species Background ULTO is federally listed as threatened. ULTO occurs at elevations below 7,800 feet in moist to wet alluvial meadows, floodplains of perennial streams, and around springs and lakes where the soil is seasonally saturated within 18 inches of the surface. Generally, the species occurs where the vegetative cover is relatively open and not overly dense or overgrazed. Once thought to be fairly common in low- elevation riparian areas in the interior western United States, ULTO is now rare (Service 1992a). The species’ known range has been extended since the Service ruled to list ULTO as a threatened species in 1992, from Colorado and Wyoming to British Columbia. The largest known populations occur in Utah, followed by Colorado (NatureServe 2012). In Colorado, the Service requires surveys in habitat within the 100-year floodplain of the South Platte River, Fountain Creek, and Yampa River and their perennial tributaries, or in any area with suitable habitat in Boulder and Jefferson Counties. ULTO does not bloom until late July to early September (depending on the year) and timing of surveys must be synchronized with blooming (Service 1992b). Ecological Characterization Study Montava Property Phase E – Mountain Vista Drive and Giddings Road Fort Collins, Colorado ERO Project #6965 10 ERO Resources Corporation Potential Habitat and Recommendations ERO assessed the project area for potential ULTO habitat. Because a perennial tributary to the South Platte River does not occur in the project area and the project area is in Larimer County, the site does not fall within the Service’s guidelines for ULTO surveys (Service 1992a); therefore, no action is necessary regarding ULTO. Other Species of Concern Migratory Birds Background Migratory birds, as well as their eggs and nests, are protected under the Migratory Bird Treaty Act (MBTA). While destruction of a nest by itself is not prohibited under the MBTA, nest destruction that results in the unpermitted take of migratory birds or their eggs is illegal (Service 2003). The regulatory definition of a take means to pursue, hunt, shoot, wound, kill, trap, capture, or collect; or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect (50 Code of Federal Regulations (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 may take a significant amount of time. In addition, CPW has recommended buffers for nesting raptors, depending on the species (generally ⅓ or ¼ mile) (CPW 2020). The best way to comply with the MBTA is to remove vegetation outside of the active breeding season, which typically falls between March and August, depending on the species. Public awareness of the MBTA has grown in recent years, and most MBTA enforcement actions are the result of a concerned member of the community reporting noncompliance. Potential Habitat and Possible Effects No nests were observed in the project area during the 2018 and 2021 site visits. Bird species observed during the April 2018 site visit included magpie, meadowlark, blue heron, and mallard. Bird species observed during the June 2018 site visit included blue heron and red-tailed hawk. No other birds were observed during the 2021 site visit. Songbirds likely occur in the upland grasslands, wetland swales, and small grove of trees that occur in the project area. The breeding season for most birds in Colorado is March through August, with the exception of a few species that begin breeding in February, such as great-horned owls. Recommendations Vegetation removal should occur outside of (typically September through February) the breeding season. Both the Denver Field Office of the Service (2009) and the Colorado Department of Transportation (2011) have identified the primary nesting season for migratory birds in eastern Colorado as occurring between April 1 and mid to late August. However, a few species, such as great horned owls and red-tailed hawks, can nest as early as February or March. Because of variability in the breeding Ecological Characterization Study Montava Property Phase E – Mountain Vista Drive and Giddings Road Fort Collins, Colorado ERO Project #6965 11 ERO Resources Corporation seasons of various bird species, ERO recommends a nest survey be conducted within one week prior to construction to determine if any active nests are present in the project area so they can be avoided. Nest removal may occur during the nonbreeding season to discourage future nesting and avoid violations of the MBTA. No permit or approval is necessary for removing nests during the nonbreeding season; however, nests must be destroyed and may not be collected under MBTA regulations. If the construction schedule does not allow vegetation removal outside of the breeding season, a nest survey should be conducted within one week prior to vegetation removal to determine if the nest is active and by which species. If active nests are found, any work that would destroy the nests could not be conducted until the birds have vacated the nests. Other Wildlife The project area is in the overall range of mule deer, white-tailed deer, and black bear. Richards Lake, Long Pond, and the Redwing Marsh Natural Area are west of the project area, and wildlife may occasionally forage in the project area due to the proximity of these natural habitat features. However, because the project area is surrounded by Richards Lake Road, I-25, and residential development on the north and west, and due to the lack of vegetation structure in the project area, it is unlikely the project area provides significant habitat for wildlife. Furthermore, no wildlife movement corridors exist within the project area boundaries, and the Number 8 Outlet Ditch is too steep and degraded to provide any wildlife habitat or serve as a movement corridor. Any wildlife using the project area have likely become adapted to human disturbance. As with any human development, wildlife species sensitive to human disturbance are likely to decline in abundance or abandon the area, while other wildlife species adapted to development are likely to increase in abundance. Species likely to decline include some raptors and possibly coyotes. Species likely to increase include red fox, raccoon, and house mouse. Overall, surrounding and continuing development contributes to a decline in the number and diversity of wildlife species nearby and to a change in species composition to favor species that adapt better to human disturbance. Visual Resources The area surrounding the project area is largely undeveloped, with some commercial buildings to the east and light residential development to the west and south. The project area is visible from surrounding roads. The mountains to the west, including Long’s Peak, can be easily seen from almost any vantage point in the project area. Richards Lake and Long Pond, located west of the project area, are currently not visible from the project area due to topographic relief and vegetation. Impacts and Recommendations HF2M proposes to develop the project area for residential and commercial use. Section 3.4.1 of the Fort Collins Land Use Code requires buffers of various widths around natural habitats and special features. However, the project area provides little ecological function due to the separation from the nearest Ecological Characterization Study Montava Property Phase E – Mountain Vista Drive and Giddings Road Fort Collins, Colorado ERO Project #6965 12 ERO Resources Corporation natural area (Redwing Marsh), located 2 miles west of the project area, and little vegetation structure in the project area. The project area contains some grassland and woodland habitat that provides habitat for wildlife and migratory birds; however, these areas are scattered between agricultural fields and are not large enough to provide high-quality wildlife habitat. Most of the vegetation would be removed from the project area during construction; however, trees would be preserved where possible. The Number 8 Outlet Ditch contains wetland fringes along the toe of slope, although due to its steep banks, it is likely only used occasionally by wildlife. HF2M is proposing to pipe the ditch on the border of Phase E as part of the project associated with Phase G. Further north in the development, the ditch would be designed to meander through the western boundary of the project area and function closer to a natural stream with gentle slopes and wetland benches, which would improve wildlife habitat and ecological functions. HF2M is also proposing to create small channels or swales through the development to direct stormwater flows. These drainages would be planted with native seed mixes, shrubs, and trees that would also provide habitat for wildlife and serve as a wildlife corridor through the project area. Wildlife likely occasionally use the project area; however, because the project area is predominantly agricultural fields, habitat quality through the project area is low. Wildlife use of the project area would likely decrease due to increased human presence and use of the area after construction. If vegetation- or land-clearing activities 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 Ackerfield, J. 2015. Flora of Colorado. 1st edition. Botanical Research Institute of Texas. Fort Worth, TX. Armstrong, D.M., J.P. Fitzgerald, and C.A. Meaney. 2011. Mammals of Colorado. University Press of Colorado. Boulder. 620 pp. Bakeman, M.E. 1997. Report on habitat findings of the Preble's meadow jumping mouse. Presented to the U.S. Fish and Wildlife Service and the Colorado Division of Wildlife. 91 pp. Bakeman, M.E. and A. Deans. 1997. Habitat of the Preble’s meadow jumping mouse at Rocky Flats, Colorado. Pp. 18-32 In Bakeman, M.E. 1997. Report on habitat findings of the Preble's meadow jumping mouse. Presented to the U.S. Fish and Wildlife Service and the Colorado Division of Wildlife. 91 pp. Baker, A.M. and D.A. Potter. 2020. Invasive paper wasp turns urban pollinator gardens into ecological traps for monarch butterfly larvae. Scientific Reports 10(1), 1-7. Ecological Characterization Study Montava Property Phase E – Mountain Vista Drive and Giddings Road Fort Collins, Colorado ERO Project #6965 13 ERO Resources Corporation Chapman, S.S., G.E. Griggith, J.M. Omernik, A.B. Price, and D.L. Schrupp. 2006. Ecoregions of Colorado (color poster with map, descriptive text, summary tables, and photographs): Reston, VA, U.S. Geological Survey (map scale 1:1,200,000). ftp://ftp.epa.gov/wed/ecoregions/co/co_front.pdf. Clark, T.W. and M.R. Stromberg. 1987. Mammals in Wyoming. University of Kansas Museum, Lawrence, KS. 314 pp. Colorado Department of Transportation. 2011. Work Sheet: 240pmbcdotb dated 02-03-11. https://www.codot.gov/programs/environmental/wildlife/guidelines/Birdspeccontractorsbio.pdf/vie w. Last accessed November 1, 2017. Colorado Parks and Wildlife (CPW). 2020. Recommended buffer zone and seasonal restrictions for Colorado Raptors. May. Colorado Urban Wild. 2000. Trapping survey results submitted to the U.S. Fish and Wildlife Service. Reference provided by U.S. Fish and Wildlife Service (2021). Environmental Protection Agency (EPA). 2020. Navigable Waters Protection Rule Overview. August 27. Meaney, C.A., A. Deans, N.W. Clippenger, M. Rider, N. Daly, and M. O’Shea-Stone. 1997. Third year survey for Preble’s meadow jumping mouse (Zapus hudsonius preblei) in Colorado. Under contract to Colorado Division of Wildlife. Boulder, CO. NatureServe. 2012. NatureServe Explorer. http://www.natureserve.org/explorer/servlet/NatureServe. Shenk, T.M. and M.M. Sivert. 1999. Movement patterns of Preble's meadow jumping mouse (Zapus hudsonius preblei) as they vary across time and space. Unpublished report of the Colorado Division of Wildlife. 27 pp. + figures. Trainor, A.M., T.M. Shenk, and K.R. Wilson. 2007. Microhabitat Characteristics of Preble’s Meadow Jumping Mouse High-Use Areas. Journal of Wildlife Management 71(2):469-477. U.S. Army Corps of Engineers (Corps). 2018. Approved Jurisdictional Determination for Isolated Irrigation Ditches and Wetlands, Larimer County, Colorado. Corps File No. NWO-2018-01605-DEN. September 28. U.S. Army Corps of Engineers (Corps). 2020. National Wetland Plant List, Version 3.5. http://wetland- plants.usace.army.mil/. Corps Engineer Research and Development Center Cold Regions Research and Engineering Laboratory, Hanover, NH. Last accessed November 10, 2021. U.S. Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS). 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. Agriculture Handbook 296. Washington, DC: U.S. Department of Agriculture. U.S. Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS). 2021. PLANTS Database. https://plants.sc.egov.usda.gov/java/. U.S. Fish and Wildlife Service (Service). 1992a. Endangered and Threatened Wildlife and Plants: Final Rule to List the Plant Spiranthes diluvialis (Ute ladies’-tresses) as a Threatened Species. Federal Register 50 CFR Part 17, Vol. 57, No. 12, pp. 2048-2054. January 17. U.S. Fish and Wildlife Service (Service). 1992b. Interim Survey Requirements for Spiranthes diluvialis. U.S. Fish and Wildlife Service (Service). 2003. Migratory Bird Permit Memorandum. April 15. Ecological Characterization Study Montava Property Phase E – Mountain Vista Drive and Giddings Road Fort Collins, Colorado ERO Project #6965 14 ERO Resources Corporation U.S. Fish and Wildlife Service (Service). 2009. Personal communication between Pete Plage (U.S. Fish and Wildlife Service) and ERO Resources Corporation. U.S. Fish and Wildlife Service (Service). 2019. Species Status Assessment Report for the Eastern Black Rail (Laterallus jamaicensis jamaicensis) Version 1.3. Service Southeast Region, Atlanta, GA. U.S. Fish and Wildlife Service (Service). 2021. Endangered, Threatened, Proposed and Candidate Species, Colorado Counties. http://ecos.fws.gov/ipac/. Last accessed November 1, 2021. URS Greiner Woodwar. 2004. Trapping survey results submitted to the U.S. Fish and Wildlife Service. Reference provided by U.S. Fish and Wildlife Service (2021). Weber, W.A. and R.C. Wittmann. 2012. Colorado Flora: Eastern Slope. 4th edition. University Press of Colorado. Boulder, CO. White, G.C. and T.M. Shenk. 2000. Relationship of Preble's meadow jumping mouse densities to vegetation cover. Unpublished report of the Colorado Division of Wildlife. May 12. Wildland Consultant. 1999. Trapping survey results submitted to the U.S. Fish and Wildlife Service. Reference provided by U.S. Fish and Wildlife Service (2021). Ecological Characterization Study Montava Property Phase E – Mountain Vista Drive and Giddings Road Fort Collins, Colorado ERO Project #6965 ERO Resources Corporation Appendix A Photo Log Montava Property Phase E Fort Collins, Colorado Photo Log October 27, 2021 Photo 1 - Mixed grassland with smooth brome, crested wheatgrass, cheatgrass, and green needlegrass along the Number 8 Outlet Ditch in the project area. View is to the south. Photo 2 - Mixed grassland and the agricultural field. View is to the southeast. Montava Property Phase E Fort Collins, Colorado Photo Log October 27, 2021 Photo 3 - Agricultural field and grasslands along the Number 8 Outlet Ditch. View is to the north. Photo 4 - Agricultural fields as seen from the northwestern corner of the project area. View is to the southeast. Ecological Characterization Study Montava Property Phase E – Mountain Vista Drive and Giddings Road Fort Collins, Colorado ERO Project #6965 ERO Resources Corporation Appendix B Commonly Occurring Plant Species in the Project Area Common Name Scientific Name Wetland Indicator Status* Herbaceous Canada thistle Cirsium arvense Facultative Upland Cheatgrass Bromus tectorum Upland Crested wheatgrass Agropyron cristatum Upland Green needle grass Nassella viridula Upland Rubber rabbitbrush Ericameria nauseosa Upland Smooth brome Bromus inermis Upland Western wheatgrass Pascopyrum smithii Facultative Upland *Obligate Wetland—Occurs with an estimated 99% probability in wetlands. Facultative Wetland—Estimated 67%–99% probability of occurrence in wetlands. Facultative—Equally likely to occur in wetlands and nonwetlands (34%–66% probability). Facultative Upland—67%–99% probability in nonwetlands, 1%–33% in wetlands. Upland—>99% probability in nonwetlands in this region. Source: Ackerfield 2015; Corps 2020; USDA, NRCS 2021; Weber and Wittmann 2012.