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HomeMy WebLinkAboutCROWNE AT SUNIGA - FDP230023 - SUBMITTAL DOCUMENTS - ROUND 1 - SUPPORTING DOCUMENTATION (7) Denver Durango Hotchkiss Idaho 1 626 Cole Boulevard, Suite 100, Lakewood, CO 80401-3306 835 East Second Avenue, Suite 400, Durango, CO 81301 161 South 2nd Street, PO Box 932, Hotchkiss, CO 81419 7154 West State Street, Suite 398, Boise, ID 83714 ERO Resources Corporation | Consultants in Natural Resources and the Environment www.eroresources.com August 9, 2023 TO: Jason Surface Colorado Parks and Wildlife 6060 Broadway Denver, CO 80216 FROM: Ron Beane, ERO Resources Corporation Senior Wildlife Biologist RE: Bald Eagle Nest Conservation Plan for the Crowne at Suniga Development in Fort Collins, Colorado Background ERO Resources Corporation (ERO) was retained by Crowne Partners, Inc. (Crowne Partners) to evaluate the potential impacts of a proposed residential development on an active bald eagle nest at North Lemay Avenue and East Suniga Street (project). This technical memo provides site-specific recommendations to prevent disturbance to a bald eagle nest near a proposed residential development on the northwest side of the East Suniga Street and Lemay Avenue intersection in Fort Collins, Larimer County, Colorado (project area; Figure 1). The proposed project would include permanent impacts and alteration of habitat on approximately 11.0 acres of agricultural land (Parcel # 8706300001). Cedar Creek Associates prepared an Ecological Characterization Study for the project area in February 2023 and determined that the project area consists completely of an agricultural habitat type, which offers very limited wildlife value and ecological function. Overall, wildlife use of the project area is low due to the relatively small size of the project area, surrounding development, and a lack of native and woody vegetation cover (Cedar Creek 2023). ERO is preparing this memo for submittal to the Colorado Parks and Wildlife (CPW) as part of the development review process by the city of Fort Collins. This memo provides additional background information and context to any earlier submittal from Cedar Creek Associates regarding the same nest. Site Description and Bald Eagle Nest Location The project area is characterized as severely disturbed agricultural land (Photo 1). Vegetation in the project area consists of native and nonnative upland grasses such as smooth brome (Bromus inermis) and western wheatgrass (Pascopyrum smithii). The project area is approximately 0.43 mile from the eagle nest at its closest point and is nearly entirely screened from the eagle nest by mature cottonwood trees (Photo 1). The overall area is experiencing extensive urban development and existing human disturbance within a 0.5-mile buffer of the eagle nest (Figure 2) that includes: • Roads – E. Vine, N. Lemay Jason Surface | Colorado Parks and Wildlife August 9, 2023 ERO Resources Corporation | Consultants in Natural Resources and the Environment Page | 2 • Railroad • Large public horse stables, corrals, and riding arena • Several private horse stables, corrals, and riding arena • Active irrigated agricultural fields • More than 150 residences • High-density residential development under construction to the immediate west forms the back drop Human disturbance within 0.25 mile of the eagle nest includes 12 residences, numerous horse stables, recreation facilities (tennis courts and playgrounds), canals, and dirt roads that are visited on a daily basis. Regulations Pertaining to Bald Eagles Migratory Bird Treaty Act Migratory birds, as well as their eggs and nests, are protected under the Migratory Bird Treaty Act (MBTA). Unless permitted by regulations, the MBTA provides that it is unlawful to pursue; hunt; take; capture; kill; attempt to take, capture, or kill; possess; offer for sale; sell; offer to barter; barter; offer to purchase; purchase; deliver for shipment; ship; export; import; cause to be shipped, exported, or imported; deliver for transportation; transport or cause to be transported; carry or cause to be carried; or receive for shipment; transportation; carriage; or export any migratory bird, part, nest, egg, or product; manufactured or not (16 United States Code §§ 703-712). Bald and Golden Eagle Protection Act The Bald Eagle Protection Act (Eagle Act) was originally passed in 1940. In 1962, the Eagle Act was amended to include the golden eagle (Bald and Golden Eagle Protection Act; BGEPA). The BGEPA prohibits and imposes criminal and civil penalties on individuals and companies from knowingly, or with wanton disregard for the consequences of the BGEPA, for taking any bald or golden eagles or their body parts, nests, chicks, or eggs, which includes collection, molestation, disturbance, or killing. The BGEPA affords eagles additional protections beyond those provided by the MBTA by making it unlawful to "disturb" eagles. In 2007, “disturb” under the BGEPA was defined to mean agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, (1) injury to an eagle; (2) a decrease in its productivity by substantially interfering with normal breeding, feeding, or sheltering behavior; or (3) nest abandonment by substantially interfering with normal breeding, feeding, or sheltering behavior. Federal and State Recommendations for Bald Eagles U.S. Fish and Wildlife Service (Service) The Service developed National Bald Eagle Management Guidelines (National Guidelines) in 2007 (Service 2007). These guidelines are intended primarily as a tool for landowners and planners to avoid disturbing bald eagles. The National Guidelines do not provide specific guidelines for artificial nest structures for management, but they acknowledge that where bald eagles are likely to nest in human- made structures (e.g., cell phone towers) and such use could impede operation or maintenance of the Jason Surface | Colorado Parks and Wildlife August 9, 2023 ERO Resources Corporation | Consultants in Natural Resources and the Environment Page | 3 structures or jeopardize the safety of the eagles, equip the structures with either (1) devices engineered to discourage bald eagles from building nests, or (2) nesting platforms that will safely accommodate bald eagle nests without interfering with structure performance. The National Guidelines also provide specific recommendations for avoiding disturbance to nest sites. The recommendations include: • Keeping a distance between the activity and the nest (distance buffers, Table 1); the distance buffers minimize visual and auditory impacts associated with human activities near nest sites; • Maintaining forested (or natural) areas between the activity and around nest trees (landscape buffers); and • Avoiding certain activities during the breeding season (temporal restrictions). Table 1. National Guidelines on buffers. If There is No Similar Activity Within 1 Mile of the Nest If There is Similar Activity Closer than 1 Mile from the Nest If the activity will be visible from the nest 660 feet. Landscape buffers are recommended. 660 feet, or as close as existing tolerated activity of similar scope. Landscape buffers are recommended. If the activity will not be visible from the nest Between 330 and 660 feet depending on the type and intensity of activity. Clearing, external construction, and landscaping between 330 feet and 660 feet should be done outside the breeding season. 330 feet, or as close as existing tolerated activity of similar scope. Clearing, external construction, and landscaping within 660 feet can be done during the breeding season. Colorado Parks and Wildlife Although the National Guidelines provide distance buffers varying between 330 and 660 feet, the Service coordinates closely with CPW to provide guidelines and recommendations to protect individual eagle nest sites. Similar to the National Guidelines, CPW has recently updated their general Recommended Buffer Zones and Seasonal Restrictions for Eagles and Other Raptors (CPW 2020i). CPW recommendations for bald eagles are provided below: Nest Site. Nest Site: No Surface Occupancy (NSO) beyond that which historically occurred, within a 0.25-mile (1,320-foot, 400-meter) radius of active nests. No permitted, authorized, or human encroachment activities within a 0.5-mile (2,640-foot, 800-meter) radius of active nest sites from December 1 through July 31. The majority of bald eagle chicks in Colorado have fledged by July 31; however, for late-nesting or potential renesting bald eagles, CPW recommends seasonal restrictions beyond July 31 if chicks are still present in the nest. CPW’s recommended buffer is more extensive than the National Guidelines (Service 2007 ii) due to the generally open habitat used by Colorado's nesting bald eagles. If surface occupancy cannot be avoided within 0.25 mile of the nest AND the nest is located within a Highly Developed Area, then the recommended NSO extends 0.125 mile (660 feet, 200 meters) from the nest site. No permitted, authorized, or human encroachment activities within a 0.25-mile radius of active nests from December 1 through July 31. This buffer Jason Surface | Colorado Parks and Wildlife August 9, 2023 ERO Resources Corporation | Consultants in Natural Resources and the Environment Page | 4 recommendation matches the National Guidelines (Service 2007) in the instances where eagles have demonstrated the ability to tolerate previous levels of human encroachment and surface occupancy. Highly Developed Area. A highly developed area is defined as an area where existing density from the cumulative development of oil and gas facilities, home sites, subdivisions, commercial buildings, malls, apartment complexes, gravel pit operations, etc. exceed 10 or more daily occupied facilities within a 0.25-mile (1,320-foot or 400-meter) radius of the nest (CPW 2020). Determination of whether a nest site is within a highly developed area will be done in consultation with CPW. CPW provides no guidelines or restrictions for eagle use areas during the August 1 through November 30 nonbreeding season. Buffer The project area is likely visible from the nest during the early breeding season, but is fairly well screened during full leaf-out (May through October). The amount of residential and daily agricultural activity around the project area suggests that the eagles are habituated to human disturbance and construction sites. As such, ERO believes that a 0.25-mile buffer around the nest should be sufficient. Under CPW’s 2020 Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors, it is ERO’s contention that this nest in located in an area that satisfies the definition of a Highly Developed Area. As such, the appropriate buffer should be the 0.25-mile seasonal restriction on human encroachment and 660-foot NSO (see below) to prevent any adverse disturbance, resulting in take, to nesting or roosting eagles. If surface occupancy cannot be avoided within 0.25 mile of the nest AND the nest is located within a Highly Developed Area, then the recommended NSO extends 0.125 mile (660 feet, 200 meters) from the nest site. No permitted, authorized, or human encroachment activities within 0.25 mile radius of active nests from December 1 through July 31. This buffer recommendation matches the USFWS 2007 Guidelines in the instances where eagles have demonstrated the ability to tolerate previous levels of human encroachment and surface occupancy. Conservation and Monitoring Plan (if needed) Should CPW determine that project activities directly related to the project could result in adverse disturbance, resulting in take, to nesting eagles, ERO proposes implementing the following conservation/monitoring plan. The conservation and monitoring plan consists of preconstruction surveys, seasonal timing (if needed), and monitoring. Preconstruction Survey ERO recommends conducting a preconstruction nest survey during the breeding season in March and April, before the new leaf growth obscures the trees, to confirm nesting activity on the existing nest site and locate any new or alternate nest sites. ERO would also look for other nesting raptor species and migratory bird nests at that time. Jason Surface | Colorado Parks and Wildlife August 9, 2023 ERO Resources Corporation | Consultants in Natural Resources and the Environment Page | 5 Seasonal Timing (if needed) Work within the 0.25-mile buffer would be limited to August 1 through November 30 to avoid the December 1 through July 31 active breeding season (CPW 2020). No work is planned within the 0.25- mile buffer of the eagle nest. Monitoring If work within the 0.5-mile buffer must be conducted during the nesting season, ERO would monitor the nest for signs of disturbance and stop construction if signs of disturbance are observed including alarm calls, flushing, raised hackles, or intense staring. At that time, any work within the 0.5-mile buffer would cease until the eagles stop showing signs of disturbance. Construction would be limited to daylight hours (9 a.m. to 4 p.m.) during the sensitive eagle breeding periods of egg laying/incubation and brooding (typically February through May). Construction would be limited during extreme weather (significant snowstorms, strong winds, or extreme cold) during the sensitive egg-laying/incubation and brooding periods (typically February through May). ERO would monitor the nest for a maximum of four hours prior to construction to establish a baseline for normal activity for the eagle pair. After construction starts within 0.25 mile of the nest, ERO would monitor for two full days for signs of disturbance. If no signs of disturbance are observed, ERO would monitor once a week throughout the breeding season. Conclusions The proposed residential development project would have an insignificant and discountable effect on bald eagles nesting just under 0.5 mile east of the project area. The active nest site is more than 0.43 mile distant and is virtually entirely screened by a row of large cottonwoods and other trees (Photo 1). The project area is separated from the nest site by the recently completed North Lemay realignment and overpass (Photo 2), a large residence, horse stables, horse arenas, several dirt roads, actively irrigated and mowed hayfields, and the vegetation screen previously mentioned. According to CPW’s definition, the nest occurs within a heavily urbanized area with more than 150 residences in the northern third of the 0.5-mile buffer as close as 880 feet from the nest (Figure 2). Overall, the existing residential development encompasses 160 acres (or approximately 32 percent) of the 0.5-mile buffer; nearby rural residential development, horse stables, and dirt roads occupy 42 acres (8.4 percent); and major roads, including North Lemay, Vine Street, and the railroad, occupy 5.5 acres (1.1 percent) for a total acreage of existing human disturbance within the 0.5-mile nest buffer of 207.5 acres or 41.5 percent. In contrast, the proposed project would convert an active hayfield into residential development on 5.8 acres (or less than 1.2 percent) of the buffer. ERO concludes that any disturbance caused by the project would be insignificant and discountable and no buffer or seasonal timing restrictions are appropriate because: • The project area is 0.25 mile from the nest and in full compliance with both state and federal guidelines for bald eagle nests. • The extent and magnitude of existing disturbance that already occurs in the area. Jason Surface | Colorado Parks and Wildlife August 9, 2023 ERO Resources Corporation | Consultants in Natural Resources and the Environment Page | 6 • The project would disturb less than 1.2 percent of the overall 0.5-mile buffer and that small amount of land provides no forage resources, trees for nesting or roosting, protection from human disturbance or other ecological function for eagles. • The existing vegetation screening of the project area. • The nesting eagle pair is likely tolerant of the existing levels of human disturbance in the area. SIGNED: Ron Beane, Senior Wildlife Biologist Attachments Figure 1 – Vicinity Map Figure 2 – Existing Conditions Photo Log References Colorado Parks and Wildlife (CPW). 2020. Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors. https://cpw.state.co.us/Documents/WildlifeSpecies/LivingWithWildlife/Raptor-Buffer- Guidelines.pdf. Cedar Creek 2023. Technical Memo: Crowne at Suniga – Ecological Characterization Study. February 15. U.S. Fish and Wildlife Service (Service). 2007 National Bald Eagle Management Guidelines. https://www.fws.gov/sites/default/files/documents/national-bald-eagle-management- guidelines_0.pdf. Prepared for: Crown Partners, Inc. File: 23_187 Figure 1.mxd (GS)July 27, 2023 ± Figure 1 Vicinity Map Crown at Suniga Bald Eagle Assessment 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 Location Pa t h : P : \ 2 3 _ 1 0 0 \ 2 3 _ 1 8 7 C r o w n a t S u n i g a B a l d E a g l e A s s e s s m e n t \ M a p s \ 2 3 _ 1 8 7 F i g u r e 1 . m x d Section 6, T7N, R68W; 6th PM UTM NAD 83: Zone 13N; 495226mE, 4494373mN Longitude 105.056422°W, Latitude 40.600153°N USGS Fort Collins, CO Quadrangle Larimer County, Colorado Project Area Boundary 1/4-Mile Bald Eagle Nest Buffer 1/2-Mile Bald Eagle Nest Buffer [b No r t h L e m a y A v e n u e Lake Canal LindenwoodD rive L ari m er a n d W eld C a n a l Lindenmeier Lake Tu r n b e r r y R o a d Ou t l e t D i t c h Prepared for: Crown Partners, Inc. File: 23_187 Figure 2.mxd (GS)July 27, 2023 ± Figure 2 Existing Conditions Crown at Suniga Bald Eagle Assessment 0 750375Feet Pa t h : P : \ 2 3 _ 1 0 0 \ 2 3 _ 1 8 7 C r o w n a t S u n i g a B a l d E a g l e A s s e s s m e n t \ M a p s \ 2 3 _ 1 8 7 F i g u r e 2 . m x d Image Source: Google Earth©, September 2020 [b Bald Eagle Nest 1/4-Mile Bald Eagle Nest Buffer 1/2-Mile Bald Eagle Nest Buffer Vegetation Screen Project Area Boundary East Vine Drive Photo 1. View of Crowne at Suniga project area. The view is from the south project boundary facing northeast towards eagle nest. Eagle nest is out of view, screened by numerous large cotonwood trees. Photo 2. North Lemay Avenue separates the project area from the bald eagle nest site.