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HomeMy WebLinkAboutSUN COMMUNITIES - THE FOOTHILLS, PHASE 2 - PDP230008 - SUBMITTAL DOCUMENTS - ROUND 1 - ECS REPORT Denver • Durango • Hotchkiss • Idaho www.eroresources.com Consultants in Natural Resources and the Environment Ecological Characterization Study 6750 College Avenue-Expanded Area Larimer County, Colorado Prepared for— Sun Communities, Inc. 27777 Franklin Road, Suite 200 Southfield, Michigan 48034 Prepared by— ERO Resources Corporation 1626 Cole Boulevard, Suite 100 Lakewood, Colorado 80401 (303) 830-1188 ERO Project #10761 April 21, 2023 Ecological Characterization Study 6750 College Avenue-Expanded Area Larimer County, Colorado ERO Project #10761 i ERO Resources Corporation Contents Executive Summary ................................................................................................................ ii Introduction .......................................................................................................................... 1 Project Area Location ............................................................................................................. 2 Project Area Description ........................................................................................................ 2 Wetlands and Waters of the U.S. ............................................................................................ 5 Background ...................................................................................................................................... 5 Project Area Conditions ................................................................................................................... 5 Description of Wetlands and Other Waters ..................................................................................... 5 Threatened, Endangered, and Candidate Species .................................................................... 5 Possible Effects ................................................................................................................................ 6 Other Species of Concern ....................................................................................................... 7 Black-Tailed Prairie Dog ................................................................................................................... 7 Western Burrowing Owl .................................................................................................................. 8 Raptors and Migratory Birds ............................................................................................................ 9 Other Wildlife ...................................................................................................................... 10 Views .................................................................................................................................. 11 Impacts and Recommendations ............................................................................................ 11 References ........................................................................................................................... 12 Tables Table 1. Federally threatened, endangered, and candidate species potentially found in the project area or potentially affected by projects in the project area. ........................................ 6 Figures Figure 1. Vicinity Map ...................................................................................................................... 3 Figure 2. Existing Conditions ............................................................................................................ 4 Appendices Appendix A Photo Log Ecological Characterization Study 6750 College Avenue-Expanded Area Larimer County, Colorado ERO Project #10761 ii ERO Resources Corporation Executive Summary Sun Communities, Inc. (Sun Communities) retained ERO Resources Corporation (ERO) to provide an Ecological Characterization Study for an expanded area for the proposed 6750 College Avenue project in Larimer County, Colorado (project area). ERO assessed the project area for potential wetlands and waters of the U.S., potential federally listed threatened and endangered species habitat, migratory birds and active nests, and other wildlife. Below is a summary of the resources found at the project area and recommendations or future actions necessary based on the current site conditions and regulations. The natural resources and associated regulations described in this report are valid as of the date of this report and may be relied upon for the specific use for which it was prepared by ERO under contract to Sun Communities. Because of their dynamic natures, site conditions and regulations should be reconfirmed by a qualified consultant before relying on this report for a use other than that for which it was specifically prepared. Wetlands and Other Waters of the U.S. – Two abandoned unnamed ditches occur in the project area. During the 2023 site visit, ERO did not map any wetlands or waters of the U.S. associated with the ditch features. Threatened and Endangered Species – The project area does not contain habitat for any federally listed species. Additionally, on February 3, 2020, the U.S. Fish and Wildlife Service (Service) made a No Concerns determination for the proposed development area north of the project area. Prairie Dogs – The project area contains active black-tailed prairie dog colonies north of the cottonwood trees and east of the abandoned house. If prairie dog removal becomes necessary, Colorado Parks and Wildlife (CPW) recommends removing them in a humane manner before any earthwork or construction takes place. Sun Communities previously proposed to use the City of Fort Collins Fee-In- Lieu program to mitigate the impacts of black-tailed prairie dog colonies in the larger development area. Burrowing Owls – Burrowing owls could be impacted by the project if work would occur within the CPW-recommended 150-foot buffer of any prairie dog burrows, including burrows within 150 feet from the project area (CPW 2021). If work would occur within the recommended buffer of any burrow during the breeding season (March through October), a burrowing owl survey should be conducted. If owls are present in the project area, activities should be restricted within 150 feet of nest burrows until the owls have migrated from the site, which can be determined through monitoring. Migratory Birds – Migratory birds, including raptors, and any active nests are protected under the Migratory Bird Treaty Act. ERO observed a potential red-tailed hawk nest in the project area in an old cottonwood tree along the northernmost ditch. Two red-tailed hawks were observed in the project area during the 2023 site visit. The Denver Field Office of the 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 through 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 that a nest survey be conducted within one week prior to construction to determine if any active nests are present in the project area so they can be avoided. If active nests are found, any work that would destroy the nests could not be conducted until the birds have vacated the nests. If possible, ground-clearing activities should occur outside of the April 1 through Ecological Characterization Study 6750 College Avenue-Expanded Area Larimer County, Colorado ERO Project #10761 iii ERO Resources Corporation August 31 migratory bird breeding season. If construction activities would occur during the migratory bird breeding season, a nest survey should be conducted immediately prior to construction. Other Wildlife – The project area occurs within mule deer, white-tailed deer, mountain lion, and black bear overall range. No other sensitive species occur in the project area that would be significantly adversely affected by the proposed project. The project area provides marginally suitable habitat for a variety of wildlife including coyote, fox, rabbit, and raccoon. The prairie dog colonies in the project area provide prey for raptors and other wildlife, and it is likely raptors forage in these areas. The prairie dog colonies also likely provide burrows for cottontail rabbits, bullsnakes, rattlesnakes, and other ground- dwelling wildlife. However, because the project area is bounded on all sides by residential development and due to the lack of vegetation structure in the project area, it is unlikely the project area provides significant habitat for these species or other wildlife. Any wildlife using the project area have likely become adapted to human disturbance due to the proximity of extensive human development. 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. Views – The project area is bounded by residential development to the east and west with the proposed development area to the north. ERO Project #10761 1 ERO Resources Corporation Ecological Characterization Study Memo 6750 College Avenue-Expanded Area Larimer County, Colorado April 21, 2023 Introduction Sun Communities, Inc. (Sun Communities) retained ERO Resources Corporation (ERO) to provide an Ecological Characterization Study (ECS) for an expanded area of the proposed development project at 6750 College Avenue in Fort Collins, Larimer County, Colorado (project area). On March 31, 2023, Erin Cubley with ERO conducted a site visit to assess potential natural resources in the project area (2023 site visit). During the 2023 site visit, activities included a review of the plant communities, wetlands and waters, 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 5.6.1 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 and wetland habitats (City of Fort Collins 2018). As required, 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 nonnative 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; (h) special habitat features; Ecological Characterization Study 6750 College Avenue-Expanded Area Larimer County, Colorado ERO Project #10761 2 ERO Resources Corporation (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 project on natural habitats and features. Project Area Location The project area is in Section 13, Township 6 North, Range 69 West of the 6th Principal Meridian in Fort Collins, Larimer County, Colorado (Figure 1). The UTM coordinates of the approximate center of the project area are 493775mE, 4482218mN of NAD 83 Zone 13N. The longitude/latitude of the project area is 105.073455°W/40.490636°N. The elevation of the project area is approximately 5,000 feet above sea level. Photos are included in Appendix A, and photo points are shown on Figure 2. Project Area Description The project area is generally southeast of the intersection of South College Avenue and East Trilby Road in Fort Collins, Colorado (Figure 1). The project area is bounded by residential development on the east and west, Robert Benson Lake on the south, and undeveloped old grazing land to the north (Figure 2). The majority of the project area consists of disturbed uplands that were historically used for horse grazing and part of the project area is disturbed by active prairie dog colonies. ERO mapped eight old plains cottonwood trees (Populus deltoides) along the unnamed ditches (Photos 1 and 2; Figure 2). ERO mapped the canopy cover, or dripline, of the plains cottonwood trees during the 2023 site visit (Figure 2). A potential red-tailed hawk nest (based on nest size, location, and presence of an adult red-tailed hawk) occurs in one of the cottonwood trees (Photo 3; Figure 2). Two active prairie dog colonies occur in the northern and eastern portions of the project area and vegetative cover is low in the vicinity of the colonies (Photos 4 and 6). Dominant species in the uplands include smooth brome (Bromus inermis), dock (Rumex sp.), and goosefoot (Chenopodium sp.) (Photo 5). An old house with several barns occurs in the southeastern portion of the project area. Several different tree species are in the vicinity of the abandoned house and ERO mapped three quaking aspens (Populus tremuloides), one ponderosa pine (Pinus ponderosa), one maple (Acer sp.), one ash (Fraxinus sp.), and seven blue spruces (Picea sp.) (Figure 2). Along the northernmost ditch, ERO mapped 10 Russian olive saplings. Project Area Prepared for: Sun Communities, Inc. File: 10761 Figure 1.mxd (GS) April 21, 2023 ± Figure 1 Vicinity Map 6750 College Avenue Ecological Characterization Study-Expanded Area Portions of this document include intellectual property of ESRI and its licensors and are used herein under license. Copyright © 2023 ESRI and its licensors. All rights reserved. 0 1,500750Feet LocationPath: P:\10700 Projects\10761 - 6750 College Ave Wetland Delineation\Maps\2023\Memo\10761 Figure 1.mxdSection 13, T6N, R69W; 6th PM UTM NAD 83: Zone 13N; 493775mE, 4482218mN Longitude 105.073455°W, Latitude 40.490636°N USGS Loveland, CO Quadrangle Larimer County, Colorado &&&& & & !( !( !( !( !( !( !( !(!( !(!( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !(!([b P6 P5 P4 P3 P2 P1 Ash Maple Maple Blue Spruce Russian Olive Russian Olive Russian Olive Russian Olive Quaking Aspen Ponderosa Pine Plains Cottonwood Plains Cottonwood Prepared for: Sun Communities, Inc. File: 10761 Figure 2.mxd (GS) April 21, 2023 ± Figure 2 Existing Conditions 6750 College Avenue Ecological Characterization Study-Expanded Area 0 10050FeetPath: P:\10700 Projects\10761 - 6750 College Ave Wetland Delineation\Maps\2023\Memo\10761 Figure 2.mxdImage Source: Google Earth©, June 11, 2021&Photo Point [b Potential Red-tailed Hawk Nest Ditch Top of Bank Active Prairie Dog Colony Project Area Boundary !(Tree Cottonwood Canopy Extent Ecological Characterization Study 6750 College Avenue-Expanded Area Larimer County, Colorado ERO Project #10761 5 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 January 18, 2023, the U.S. Environmental Protection Agency (EPA) and Corps published a final rule to define WOTUS (new rule), and the new rule became effective March 20, 2023. The new rule codifies the pre-2015 approach to WOTUS, with some changes to the definition of “adjacency” and “significantly affect” that could expand jurisdiction of certain streams or wetlands. 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 new rule, 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 During the 2023 site visit, ERO surveyed the project area for potential isolated wetlands, jurisdictional wetlands, and other WOTUS. Prior to the 2023 site visit, ERO reviewed U.S. Geological Survey quadrangle topographic maps and aerial photography to identify mapped streams and areas of open water that could indicate wetlands or WOTUS. Description of Wetlands and Other Waters During the 2023 site visit, ERO assessed the project area for wetlands and other waters. No wetlands or other waters were mapped in the project area. The unnamed ditch in the project area appears to have been abandoned for a long time. Vegetation in the ditch was dominated by smooth brome, an upland species. Several pockets of reed canarygrass (Phalaris arundinacea) were observed along the ditch in the southern portion of the project area, but the area lacked wetland soils and hydrology. No wetlands or other characteristics of a WOTUS were identified in the project area. Threatened, Endangered, and Candidate Species During the 2023 site visit, ERO assessed the project area for potential habitat for threatened, endangered, and candidate species listed under the Endangered Species Act (ESA). Federally threatened Ecological Characterization Study 6750 College Avenue-Expanded Area Larimer County, Colorado ERO Project #10761 6 ERO Resources Corporation 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 (Table 1). Table 1. 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 Gray wolf Canis lupis E Temperate forest, mountains, and grasslands 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; no depletions would occur Whooping crane** Grus americana E Mudflats around reservoirs and in agricultural areas No; no depletions would occur Insects Monarch butterfly Danaus plexippus plexippus C Dependent of milkweeds as host plants and forage on blooming flowers; a summer resident No Fish Greenback cutthroat trout** Oncorhynchus clarkii stomias T Cold, clear, gravel headwater streams and mountain lakes No Pallid sturgeon** Scaphirhynchus albus E Large, turbid, free-flowing rivers with a strong current and gravel or sandy substrate No; no depletions would occur 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; no depletions would occur *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 2023) Possible Effects The proposed project would not directly affect the gray wolf, eastern black rail, greenback cutthroat trout, monarch butterfly, or Ute ladies’-tresses orchid because of the lack of habitat in the project area. Ecological Characterization Study 6750 College Avenue-Expanded Area Larimer County, Colorado ERO Project #10761 7 ERO Resources Corporation 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 development of the project area, 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. Additionally, ERO previously submitted a habitat assessment letter to the Service for the northern portion of the larger development area. On February 3, 2020, the Service made a No Concerns determination for the proposed project due to a lack of suitable habitat for listed species. Given that the project area does not contain habitat for any listed species, the project would have no impact on any federally listed species. Other Species of Concern Black-Tailed Prairie Dog Species Background The black-tailed prairie dog is a Colorado species of special concern (CPW 2022). 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 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 During the 2023 site visit, ERO mapped active black-tailed prairie dog colonies in the project area. 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. Fort Ecological Characterization Study 6750 College Avenue-Expanded Area Larimer County, Colorado ERO Project #10761 8 ERO Resources Corporation Collins has an ordinance protecting prairie dog colonies that are 1 acre or larger. Larimer County follows CPW guidelines and, if a prairie dog colony or other protected species is found, a mitigation plan is required. Recommendations If prairie dog removal becomes necessary, CPW recommends removing them in a humane manner before any earthwork or construction takes place. Sun Communities is proposing to use the City of Fort Collins Fee-In-Lieu program to mitigate for the impacts on black-tailed prairie dog colonies. To prevent future human-wildlife conflict with prairie dogs on portions of the project area that would border active prairie dog colonies to the southeast, Sun Communities is proposing to install a combination of fencing and tall grasses to prevent dispersal into the development. 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 (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) . 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 (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 surveys in prairie dog towns that are subject to poisoning or construction projects during the period from March 15 through October 31 (CPW 2020). Ecological Characterization Study 6750 College Avenue-Expanded Area Larimer County, Colorado ERO Project #10761 9 ERO Resources Corporation Potential Habitat and Possible Effects The prairie dog burrows in and 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 or ¼ mile (1,320 feet) buffer for large industrial disturbances such as drilling or residential construction (March 15 through August 31) (CPW 2020). Burrowing owls could be impacted by the project if work would occur within CPW’s recommended buffers. Recommendations CPW recommends conducting burrowing owl clearance surveys in prairie dog colonies that are subject to poisoning and/or construction projects from March 15 through October 31 (CPW 2020). Construction occurring between November 1 and March 14 would not require clearance surveys. If burrowing owls are found in the construction footprint or within 150 feet of the construction footprint, individual nest burrows and a 150-foot buffer around the burrow should be left undisturbed until the owls have moved or migrated from the site, which can be determined through monitoring. Raptors and Migratory Birds Background Migratory birds, as well as their eggs and nests, are protected under the Migratory Bird Treaty Act (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 (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 damage to agricultural crops/livestock, private property, and protection of 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. 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). Ecological Characterization Study 6750 College Avenue-Expanded Area Larimer County, Colorado ERO Project #10761 10 ERO Resources Corporation Potential Habitat and Possible Effects 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. During the 2023 site visit, no active migratory bird nests, including raptor nests, were observed in the project area. A potential red-tailed hawk nest occurs in a cottonwood tree along the unnamed ditch (Figure 2). A red-tailed hawk was observed in a tree near the nest but was not observed using the nest during the 2023 site visit. Recommendations To avoid destruction of potential migratory bird nests, vegetation removal should be conducted outside of the April 1 through September 15 breeding season. CPW has identified the primary nesting season for migratory birds in Colorado as occurring from April 1 through September 15 (Colorado Parks and Wildlife 2020). 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 the potential raptor nest or any other active songbird 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 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. The 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 September 15 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). Ecological Characterization Study 6750 College Avenue-Expanded Area Larimer County, Colorado ERO Project #10761 11 ERO Resources Corporation Other Wildlife The project area occurs within mule deer, white-tailed deer, mountain lion, and black bear overall range (CPW 2021). No other sensitive species occur in the project area that would be significantly adversely affected by the proposed project, and the project area does not serve as a wildlife movement corridor as it is completely surrounded by residential development and lacks vegetation structure. The project area provides marginally suitable habitat for a variety of wildlife including coyote, fox, rabbit, and raccoon. The prairie dog colonies in the project area provide prey for raptors and other wildlife, and it is likely raptors forage in these areas. The prairie dog colonies also likely provide burrows for cottontail rabbits, bullsnakes, rattlesnakes, and other ground-dwelling wildlife. 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 prairie dogs, some raptors, and possibly coyotes. Species likely to increase include red fox, raccoon, and house mouse. Overall, surrounding and continuing development contributes to a decline in the number and diversity of wildlife species nearby and to a change in species composition to favor species that adapt better to human disturbance. Views The area surrounding the project area consists entirely of residential development. Due to the project area’s location in a large depression, portions of the Front Range are visible in only the eastern half of the project area. Impacts and Recommendations Sun Communities is proposing to develop the project area for residential use. Section 5.6.1 of the Fort Collins Land Use Code calls for buffers of various widths around natural habitats and special features. Much of the project area is surrounded by residential development and has high cover of nonnative plant species, mainly smooth brome. Despite low vegetation cover in the vicinity of the prairie dog colonies, the colonies provide prey for raptors and other wildlife, and it is likely raptors forage in these areas. The prairie dog colonies also likely provide burrows for cottontail rabbits, bullsnakes, rattlesnakes, and other ground-dwelling wildlife. Sun Communities is proposing to use the City of Fort Collins Fee-In-Lieu program to mitigate the impacts on black-tailed prairie dog colonies in the project area. To prevent future human-wildlife conflict with prairie dogs on portions of the project area that would border active prairie dog colonies to the southeast, Sun Communities is proposing to install a combination of fencing and tall grasses to prevent dispersal into the development. 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, Ecological Characterization Study 6750 College Avenue-Expanded Area Larimer County, Colorado ERO Project #10761 12 ERO Resources Corporation depending on the species. If vegetation removal must occur during the nesting season, the project area should be surveyed for active nests by a qualified and experienced biologist. References Andrews, R., and R. Righter. 1992. Colorado Birds: A Reference to Their Distribution and Habitat. Denver, Colorado: Denver Museum of Nature & Science Press. 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 Department of Transportation. 2011. “Section 240, Protection of Migratory Birds.” https://www.codot.gov/programs/environmental/wildlife/guidelines/BirdspecCDOTbio.pdf/vie w. Colorado Parks and Wildlife. 2020. “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. 2021. “CPW Recommendations to Avoid and Minimize Impacts to Wildlife from Land Use Development in Colorado.” Colorado Parks and Wildlife. 2022. “Colorado Listing of Endangered, Threatened and Wildlife Species of Special Concern.” 2022. https://cpw.state.co.us/learn/Pages/SOC- ThreatenedEndangeredList.aspx. Colorado Parks and Wildlife. 2021. “Colorado Parks and Wildlife’s Recommendations to Avoid and Minimize Impacts to Wildlife from Land Use Development in Colorado.” https://cpw.state.co.us/Documents/Conservation-Resources/Energy-Mining/CPW_HPH-Map- Layers.pdf. 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. 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 for Keystone Species.” BioScience 46 (8): 609–20. https://doi.org/10.2307/1312990. U.S. Fish and Wildlife Service. 2003. “Migratory Bird Permit Memorandum.” https://www.fws.gov/migratorybirds/pdf/policies-and-regulations/MBPM-2nest.PDF. U.S. Fish and Wildlife Service. 2023. “Endangered, Threatened, Proposed and Candidate Species.” IPaC. 2023. http://ecos.fws.gov/ipac/. Whicker, April, and James Detling. 1988. “Ecological Consequences of Prairie Dog Disturbances.” Ecological Characterization Study 6750 College Avenue-Expanded Area Larimer County, Colorado ERO Project #10761 13 ERO Resources Corporation BioScience 38 (December). 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 6750 College Avenue-Expanded Area Larimer County, Colorado ERO Project #10761 ERO Resources Corporation Appendix A Photo Log Photo Log 6750 College Avenue-Expanded Area March 31, 2023 Photo 1 - Plains cottonwood trees and smooth brome along the unnamed ditch in the project area. View is to the east. Photo 2 - Vegetated portion of the unnamed ditch to the north of the old house. View is to the southwest. Photo Log 6750 College Avenue-Expanded Area March 31, 2023 Photo 3 - Potential raptor nest in a plains cottonwood tree along the unnamed ditch. View is to the west. Photo 4 - Active prairie dog colony in the northern portion of the project area. View is to the northwest. Photo Log 6750 College Avenue-Expanded Area March 31, 2023 Photo 5 - Overview of plains cottonwood trees and upland vegetation in the project area. View is to the north. Photo 6 - Second prairie dog colony to the east of the old house in the project area. View is to the north.