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Reports - Ecological - 05/13/2025
Denver • Durango • Grand Junction • Idaho www.eroresources.com Consultants in Natural Resources and the Environment Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado Prepared for— Cottonwood Land and Farms, LLC P.O. Box 229 Boulder, Colorado 80306 Prepared by— ERO Resources Corporation 1626 Cole Boulevard, Suite 100 Lakewood, Colorado 80401 (303) 830-1188 ERO Project #24-115 May 13, 2025 Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 i ERO Resources Corporation Contents Executive Summary ................................................................................................................ iii Introduction ............................................................................................................................. 1 Project Area Location ............................................................................................................... 2 Project Background and Environmental Baseline ..................................................................... 2 Summary of Ecological Setting ................................................................................................. 6 Vegetation Communities ......................................................................................................... 7 Wetlands and Waters of the U.S. (WOTUS) .............................................................................. 7 Background ...................................................................................................................................... 7 Methods ........................................................................................................................................... 9 Jurisdictional Assessment .............................................................................................................. 10 Project Area Conditions ................................................................................................................. 10 Wetland Functions ......................................................................................................................... 15 ERO Assessment of Jurisdiction ..................................................................................................... 16 Potential Impacts and Recommendations ..................................................................................... 16 Threatened, Endangered, and Candidate Species ................................................................... 17 Species Eliminated from Further Consideration ............................................................................ 18 Threatened and Endangered Species Habitat ............................................................................... 19 Other Species of Concern ....................................................................................................... 21 Migratory Birds .............................................................................................................................. 21 Waterfowl Concentration Areas .................................................................................................... 24 Bald Eagle ....................................................................................................................................... 25 Key Terrestrial Habitat ........................................................................................................... 29 High Priority Habitat and Big Game ....................................................................................... 31 Aquatic Native Species Conservation Waters (ANSCW) ......................................................... 32 Other Wildlife ........................................................................................................................ 34 Views ..................................................................................................................................... 34 Summary of Fort Collins Special Habitat Features .................................................................. 35 Ecological Functions, Impacts, and Recommendations ........................................................... 37 Wetland Mitigation ........................................................................................................................ 37 References ............................................................................................................................. 38 Tables Table 1. Wetland and open water jurisdictional features identified in the project area. ............. 15 Table 2. Federally threatened, endangered, and candidate species potentially found in the project area. ............................................................................................................................ 17 Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 ii ERO Resources Corporation Figures Figure 1. Vicinity Map. ..................................................................................................................... 4 Figure 2. Existing Conditions. ........................................................................................................... 5 Figure 3. Raptor Nests and High Priority Habitat. .......................................................................... 23 Figure 4 Extent of Recent Disturbance .......................................................................................... 30 Figure 5. Special Habitat Features and Buffers .............................................................................. 33 Appendices Appendix A Photo Log Appendix B Commonly Occurring Plant Species in the Project Area Appendix C Routine Wetland Determination Datasheets Appendix D Request and Response for Approved Jurisdictional Determination for the Southwestern Portion of the East Rigden Property in Fort Collins, Larimer County Appendix E Strauss Lake Master Plan Appendix F Response from the U.S. Fish and Wildlife Service regarding the East Rigden Eagle Protection Plan for Debris Management. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 iii ERO Resources Corporation Executive Summary Cottonwood Land and Farms, LLC (CLF) retained ERO Resources Corporation (ERO) to provide an Ecological Characterization Study for the annexation and development of 185 acres (project) located at the northeast corner of East Horsetooth Road and Ziegler Road (parcel numbers 8728000003 and 8728000009) in Fort Collins, Larimer County, Colorado (project area). ERO assessed the project area for potential wetlands and waters of the U.S. (WOTUS), 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 in 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 CLF. 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. (WOTUS) – ERO evaluated all wetlands on the project area according to federal, state (House Bill (HB) 24-1379), and local regulations and guidelines. During the 2024 site visits, one irrigation pond (Flatiron Pond) and four ditches that support wetlands were observed in the project area, including Rigden Farm Outfall, the Foothills Channel Outfall (FCO), Boxelder Ditch, and the Fossil Creek Reservoir Inlet as well as five additional wetland areas (Wetland 1 through Wetland 5) in the southwestern portion of the project area. The wetlands in the project area are low functioning due their location along ditches and a man-made gravel pond and their adjacency to agricultural fields and other human development. Based on observations during the 2024 site visits and a review of aerial imagery, Flatiron Pond appears to be in uplands and lacks a downstream surface connection to a known WOTUS. As such, ERO believes this feature would be considered nonjurisdictional. Rigden Farm Outfall, the FCO, Boxelder Ditch, and the Fossil Creek Reservoir Inlet appear to have a direct hydrologic surface connection to the Cache la Poudre River; therefore, these features would likely be considered a WOTUS regulated by the U.S. Army Corps of Engineers (Corps). Based on an approved jurisdictional determination (JD) from the Corps provided on December 13, 2021, Wetland 1 through Wetland 5, Wetland 3 and Wetland 4 were determined to abut and discharge into the Fossil Creek Reservoir Inlet canal and are, therefore, jurisdictional WOTUS. Wetland 1 and Wetland 2 are livestock ponds excavated in uplands, and Wetland 5 occurs on a hillslope. Since these features do not have a surface connection to Wetland 3 or Wetland 4 or the Fossil Creek Reservoir Inlet canal, they are not jurisdictional WOTUS. Under the fort Collins Land Use Code, a development plan will not have a significant impact on wetlands, regardless of jurisdiction. Buffer requirements are also specified under then Land Use Code; wetlands greater than 0.33 acre in size should be buffered by 50-feet, wetlands greater than 0.33 acre in size should be buffered by 100- feet. If any work is planned in potential WOTUS areas, including Flatiron Pond or Rigden Farm Outfall, the FCO, Boxelder Ditch, and the Fossil Creek Reservoir Inlet or their abutting wetlands, a JD should be requested, and if necessary, a Section 404 permit may be required from the Corps for the placement of dredged or fill material in wetlands or below the ordinary high water mark of jurisdictional features. . After December 31, 2025, a dredge and fill be permit may be required by the state of Colorado.1 If no work is planned in potentially jurisdictional areas, then no regulatory action (federal or state) would be necessary. 1 House Bill 24-1379 was enacted on May 29, 2024. The act requires the Colorado Water Quality Control Commission in the Colorado Department of Public Health and Environment (CDPHE) to adopt rules by December 31, 2025 to implement a state dredge and fill discharge permit program and requires the CDPHE Division of Administration to administer and enforce permits for activities that will result in discharges of dredged or fill material into state waters. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 iv ERO Resources Corporation The project design incorporates Fort Collins Land Use Code wetland and canal buffer recommendations to avoid and minimize adverse impacts to all wetlands to the extent practicable. Wetland impacts that are unavoidable would be largely mitigated with constructed stormwater wetlands for both water quality and wildlife habitat functions. The proposed wetland enhancements would likely result in higher functioning wetlands than those proposed to be impacted because they would be planted with native seed mixes with more species diversity than is currently present, and planting native trees and shrubs would be expected to substantially improve structural diversity and overall existing conditions. Threatened and Endangered Species – ERO determined that the project area does not contain suitable habitat for any federally listed threatened or endangered species and, therefore, no action is necessary. A viable population of Preble’s meadow jumping mouse is unlikely to exist in the project area because it lacks riparian shrub habitat and because of overall habitat fragmentation and modifications in and adjacent to the project area. It is unlikely that eastern black rail is present in the project area given the minimal number of recent sightings in Colorado, north of Denver, and lack of expansive cattail wetland habitat that would be considered suitable for this species. No suitable (contiguous) forested tricolored bat habitat is present in the project area. Because of the lack of suitable habitat in the project area and the project area is not with in the official area of concern for the species, it is unlikely that the project would result in significant effects on tricolored bat. The project area is not conducive to the establishment of Ute ladies’-tresses orchid (ULTO) because the wetlands in the project area are dominated by species not commonly associated with ULTO and because of an abrupt change from wetland to upland species. For these reasons, Migratory Birds – The project area supports a few individual or small groves of nonnative trees, such as white poplar and Russian olive, with sparsely scattered native cottonwoods that provide suitable habitat for nesting songbirds. The nonnative agricultural lands provide limited habitat for grassland birds, and very few grassland species were observed during field surveys conducted in May 2024. The pond and canals and associated wetlands provide narrow strips of wetland and open water habitat for nesting scrub-shrub wetland species such as song sparrow and breeding, brood-rearing, and foraging habitat for waterfowl species. Waterfowl likely nest in the nonnative croplands near these water sources prior to hay harvesting. Canada geese and mallard ducks with broods were observed in all the canals during the 2024 site visits. Bald Eagle - The northern portion of the project area is within the Colorado Parks and Wildlife (CPW) recommended 0.5 mile buffers and nest site High Priority Habitat (HPH) for the new nest site to the north. This HPH has been highly disturbed by human activity for decades, including gravel mining, active railroads, Interstate 25, water treatment plants and other industrial uses, and the 2024 completion and year-round operation of the Poudre River regional trail. This trail is less than 680 feet from the nearest active bald eagle nest. Disturbance sensitivity described in the National Bald Eagle Management Guidelines (USFWS, 2007), found: • Bald eagles exhibit higher sensitivity to pedestrians (both alone and with dogs) compared to individuals in vehicles. • Pedestrians cause greater disturbances due to their unpredictable movement and potential for direct approach toward nesting sites. • Vehicles tend to be less disruptive in established areas, as eagles can become habituated to their presence. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 v ERO Resources Corporation Frequent consultation with CPW beginning in 2009 and with the U.S. Fish and Wildlife Service (Service) in 2024 acknowledged that eagles nesting in this vicinity have demonstrated tolerance to human disturbance for approximately 15 years. Based on the eagle tolerance, starting in 2009, CPW accepted disturbance buffers that were truncated at the railroad line and the Service concurred that the 660-foot disturbance buffers were appropriate for these nest sites. Migratory Waterbird Concentration Area – The City of Fort Collins NAD provides guidance in its Wildlife Conservation Guidelines (NAD 2017) define bird concentration areas or key production areas as gravel ponds, the Poudre River and the wetlands adjacent to the river. According to CPW, concentration areas for wildlife are generally defined as having a significantly higher density of use than within the species overall range, and/or areas in which densities are at least 200 percent greater than in the surrounding overall range during a specific season (CPW 2014). • No migratory bird concentration areas are identified on CPW species activity mapping (SAM) and the project area does not meet the above criteria for the following reasons: • The project area is a reclaimed gravel mine with only a single pond for containing mine wash fines remains. The banks of this pond was recently repaired and very little shoreline vegetation exists for waterfowl foraging, resting and nesting. Waterfowl densities on this pond, along the canal and over the entire project area are much lower than the nearby Rigden Reservoir, Arapahoe Bend and Prospect Ponds Natural Areas during all seasons. • The project area does not contain the Poudre River or adjacent wetlands • Bird surveys conducted in summer 2024 and winter 2025 have identified some waterfowl use of canals, ditches and open water on the property, but the number of individuals and the diversity of species observed does not indicate that the property is a waterfowl or migratory bird concentration area. The project area is near to the Cache la Poudre River corridor, an acknowledged waterbird concentration area. However, the project area is disjunct and fragmented from the river corridor by an open and approved construction aggregate permit area and active railroad. Other portions of the project area are restored aggregate mine currently used for hay production on most of the project area which has had insufficient time to develop the habitat components needed for waterbird concentrations. Three ditches and canals traverse the project area. These provide narrow ribbons of habitat for waterbirds. Most of these canals will be buffered as defined in the local land use code, maintaining the existing ribbons of habitat and contributing to connectivity and function of the nearby Cache la Poudre River waterbird concentration area. Key Terrestrial Habitat - Riparian woodland and shrub habitat occurs extensively along the Cache la Poudre River, northeast of the project area. Riparian woodland and shrub habitat is essentially non-existent on the project site due to the extensive construction aggregate mining and reservoir creation conducted by the City of Fort Collins occurring as recently as 10 years ago. The project area is outside of the river floodplain and lacks rivers, streams and other hydrological sources necessary to support this habitat. A small grove of approximately 18 white poplar trees occurs in the southwest corner of the project area. These trees are non-native and likely a remnant stand from past homesteads. The trees are not associated with any stream, river or ditch and lack the association with surface water that would ecologically function as riparian trees. However, the tree are large and likely provide nesting habitat for breeding songbirds. The City of Fort Collins Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 vi ERO Resources Corporation Forestry Department evaluated these tress on Marh 12, 2025 and rated all the trees as fair to poor condition. Any tree removed for residential development will be replaced at the mitigation ratio assigned by the City. Other Wildlife – In 2021, CPW released a HPH table that identifies species and habitats as well as recommendations to avoid and minimize impacts on wildlife from land use development (CPW 2021). ERO reviewed data from CPW map databases and determined that two HPH areas overlap the project area, including a Bald Eagle Active Nest Site HPH and an Aquatic Native Species Conservation Waters (ANSCW) HPH (CPW 2021). The buffer zone of the pond in the Topminnow Natural Area, south of the project area, an ANSCW, extends into the southern portion of the project area. Based on observations during the 2024 site visits, the ANSCW buffer between the pond in the Topminnow Natural Area and the project area has been heavily modified by human activities and infrastructure, including East Horsetooth Road. As such, ERO anticipates that activities in the project area would not affect the pond in the Topminnow Natural Area as an ANSCW. The project area is also in the overall range of mule deer, white-tailed deer, mountain lion, and black bear. The Cache la Poudre River and its riparian corridor are northeast 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 residential developments to the east and south and because it has been subject to frequent and intensive modifications by human activities over several decades, including agricultural activities, and a lack of vegetation structure, the project area does not provide high quality or significant habitat for wildlife. Any wildlife using the project area has likely become adapted to human disturbance due to the proximity of Interstate 25 and nearby dense development. Views – The area surrounding the project area is largely undeveloped and surrounded, mainly, by agricultural fields to the north, east, and south and residential development to the west. 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 except for the far southeast corner where views are obstructed by topographic relief and the adjacent residential developments. Rigden Reservoir (owned and operated by the City of Fort Collins) is east of the project area and currently visible from most locations in the project area. Impacts and Recommendations – The project area contains some grassland and wetland vegetation communities that provide habitat for wildlife and migratory birds; however, these areas are scattered sporadically between agricultural fields, they are dominated by nonnative species, and they have been frequently modified over the last 60 years, and, therefore, do not provide high-quality wildlife habitat. Based on the development plans, the proposed project would potentially impact a total of approximately 0.16 acres on Wetland 1, Wetland 2, and Wetland 5 (together) in the southwestern portion of the project area. As part of the development, small channels or swales and detention facilities that integrate wetlands for water quality would be incorporated into the overall landscape plan. These drainages and detention ponds provide opportunities to establish habitat for wildlife and serve as wildlife passages through the project area. These areas also provide opportunities for onsite wetland mitigation and enhancement (if necessary), in addition to the shoreline around Flatiron Pond. Onsite wetland enhancements would likely result in higher functioning wetlands than those that are proposed to be impacted by the project because they would be planted with native seed mixes with more diversity than is currently present and would have improved structure by planting native trees and shrubs. ERO Project #24-115 1 ERO Resources Corporation Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado May 13, 2025 Introduction Consistent with the requirements of the Fort Collins Land Use Code, CLF retained ERO Resources Corporation (ERO) to provide an Ecological Characterization Study (ECS) the annexation and development of 185 acres (project) located at the northeast corner of East Horsetooth Road and Ziegler Road (parcel numbers 8728000003 and 8728000009) in Fort Collins, Larimer County, Colorado (project area; Figure 1). On May 3, May 11, and June 11, 2024, Emma Clary and Josh Dresen with ERO visited the project area to evaluate potential natural resources (2024 site visits). ERO also conducted a reconnaissance level evaluation of environmental resources within a 1,000 foot buffer of the project area. During this assessment, activities included a review of water features in the project area, identification of potential federally listed threatened and endangered species habitat, and identification of other natural resources that might be affected by the project. This ECS provides information on existing site conditions and resources as well as current regulatory requirements related to those resources. The landowner or project proponent is responsible for obtaining any applicable or required federal, state, and local permits necessary to authorize 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: • The wildlife use of the area showing the species of wildlife using the project area, the times or seasons that the project area is used by those species, and the “value” (meaning feeding, watering, cover, nesting, roosting, and perching) that the project area provides for these wildlife species; • The boundary of wetlands in the project area and a description of the ecological functions and characteristics provided by those wetlands; • Any prominent views from or across the project area; • The pattern, species, and location of any significant native trees and other native vegetation in the project area; • The bank, shoreline, and high water mark of any perennial stream or body of water in the project area; • Areas inhabited by or frequently used by sensitive and specially valued species; • Special habitat features; • Wildlife movement corridors; Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 2 ERO Resources Corporation • The general ecological functions provided by the project area and its features; • Any issues regarding the timing of development-related activities stemming from the ecological character of the project area; and • Any measures needed to mitigate the projected adverse impacts of the project on natural habitats and features. In addition to the information gathered during the 2024 site visits, wildlife and natural resource information was obtained from existing sources such as aerial photography, the Colorado Natural Diversity Information Source, the U.S. Fish and Wildlife Service (Service) National Wetlands Inventory database, the Colorado Natural Heritage Program, U.S. Geological Survey (USGS) National Hydrography Dataset (NHD), Colorado Parks and Wildlife (CPW) map databases, and other sources (Google, Inc. 2024; Natural Diversity Information Source 2021; U.S. Fish and Wildlife Service 2024b; Colorado Natural Heritage Program 2024; U.S. Geological Survey 2024). Project Area Location The project area is in Section 28, Township 7 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 498561mE, 4488034mN, Zone 13 North. The longitude/latitude of the project area is 105.016716°W/40.5403060°N. The elevation of the project area is approximately 4,820 to about 4,920 feet above sea level. Photo points are shown on Figure 2, and the photo log is included in Appendix A. Project Background and Environmental Baseline ERO conducted a natural resources assessment for the center portion of the project area in 2015, and, in 2021, ERO conducted a natural resources assessment and wetland delineation of the southwest portion of the project area (2021 site visit) and submitted the report to CLF (ERO 2021a) and a JD request to the U.S. Army Corps of Engineers (Corps) (ERO 2021). On December 13, 2021, the Corps provided an approved JD request (Corps 2021), which is described in more detail in the Wetlands and Waters of the U.S. (WOTUS) section below. Additionally, ERO conducted an ecological evaluation of the property directly northeast of the project area for CLF in 2009 and 2023 and prepared an Avian Management Plan and an Avian Management Plan update (ERO 2023), and an Eagle Protection Plan for Debris Management (ERO 2024) to the Service on February 1, 2024. The Avian Management Plan and Eagle Protection Plan for Debris Management are summarized in the Migratory Birds and Waterfowl Concentration Areas The City of Fort Collins NAD provides guidance in its Wildlife Conservation Guidelines (NAD 2017) that can assist in defining a concentration area’s habitat characteristics. These guidelines define concentration areas or key production area as gravel ponds, the Poudre River and the wetlands adjacent to the river. These areas are of particular importance during the spring migrations as ducks and shorebirds frequently use these seasonally flooded wetlands that are rich in food resources. This provides carbohydrates for migration and invertebrates for the formation of protein necessary for egg production for breeding species. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 3 ERO Resources Corporation Migratory waterbird concentration areas are defined as habitat complexes (several adjacent habitat types close together rather than one specific habitat type) hosting Colorado priority habitat species. These complexes provide food availability, habitat diversity, and sanctuary that are key components for retaining waterbirds during nesting and over winter. No migratory bird concentration areas are identified on the referenced data sources. Additionally, bird surveys conducted in summer 2024 and winter 2025 have identified some waterfowl use of canals, ditches and open water on the property, but the number of individuals and the diversity of species observed does not indicate that the property is a waterfowl or migratory bird concentration area. As described above, the Cache la Poudre River is an extensive riparian corridor. The river corridor combined with wetlands and upland fields that provide nesting and foraging opportunities creates an extensive habitat to support waterbird concentrations. However, much of this waterbird concentration area has already been protected or preserved as natural areas, open space and private conservation easements that extend for North Shields Ponds to Arapahoe Bend (CODEX 2024). The project area is adjacent to the Cache la Poudre River corridor but disconnected and fragmented from the corridor by the permitted sand and gravel mining property and active railroad. Much of the aggregate mine has been restored and is currently used for hay production most of the project area has had insufficient time to develop the habitat components needed for waterbird concentrations. Three ditches and canals traverse the project area which provides narrow ribbons of habitat for waterbirds. Most of these canals will be buffered as defined in the land use code, maintaining the existing ribbons of habitat and contributing to the connectivity and function of the nearby Cache la Poudre River waterbird concentration area. Waterfowl likely nest in the nonnative agricultural croplands near these water sources prior to hay harvesting. Canada geese and mallard ducks with broods were observed in all the canals during the 2024 site visits. Waterfowl species observed during the 2024 site visits included Canada goose (Branta canadensis), mallard (Anas platyrhynchos), and gadwall (Mareca strepera). All canals will be buffered as defined in the Fort Collins land use code, maintaining the existing ribbons of habitat and contributing to connectivity and function of the nearby Cache la Poudre River waterbird concentration area. Bald Eagle sections below. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 4 ERO Resources Corporation Figure 1. Vicinity Map. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 5 ERO Resources Corporation Figure 2. Existing Conditions. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 6 ERO Resources Corporation The project area has been continually influenced by human activities for more than 65 years (Nationwide Environmental Title Research, LLC 2024). The entire project area has been impacted intensively and to varying degrees by construction aggregate (sand and gravel) mining and agricultural activities. The property was first permitted by the Colorado Mined Land Reclamation Board for sand and gravel mining in 1979 under Permit No. M-1979-097. Since that time, mining and reclamation activities have been ongoing for more than 40 years. Railroad tracks operated by OmniTRAX bisect the northern project area boundary. Mine site reclamation work north of the railroad tracks was conducted as recently as the fall 2008 by Lafarge, while the City of Fort Collins mined and reclaimed property immediately adjacent to the project as a water storage reservoir starting in 2015 (and later concluded). Other activities in the vicinity of the project area include regular train traffic on the nearby OmniTRAX railroad tracks, truck and human activity at the Box Elder Water and Sanitation District’s (District) water treatment facility, local traffic and residential development west and south of the project area, traffic on Interstate 25 (I-25), east of the project area, and the 2024 completions and year-round occupancy of the Poudre River trails located east of the project area. This report focuses on the project area shown in Figure 1 and provides an updated assessment of the project area including the identification of natural and wildlife resources that may be impacted by development of the project area and any significant changes in natural resources since the previous assessments. 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 Areas (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 days. 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 (hence the historical sand and gravel mining activity on and near the project area). 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 Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 7 ERO Resources Corporation flows into the Mississippi River. Most of the tributaries that flow into the South Platte River watershed contain riparian corridors dominated by deciduous woodlands and transitional shrubs and grasslands. The majority of the ecoregion primarily consists of plains with a high percentage of cropland. Most of the land use has or is currently undergoing a shift from cropland and rangeland to urban development. The development has resulted in a shift from native habitat to urban areas that contain a high number of man-made lakes and gravel pits. The entire project area is in the Cache la Poudre alluvial plain, which contains large deposits of sand and gravel that have been actively mined for more than 40 years. Vegetation Communities The project area is surrounded by undeveloped agricultural land and previously mined sand and gravel ponds to the north, east, and south and residential development to the west. A railroad and an unnamed ditch (Rigden Farm Outfall) are on the northeastern boundary of the project area; Ziegler Road is the western boundary, and East County Road 40 is the southern boundary (Figure 2). The primary vegetation communities in the project area consist of active agricultural land (Photo 1), nonnative uplands (Photo 2 and Photo 3), and wetlands and open water areas associated with Rigden Farm Outfall (Photo 4), the FCO (Photo 5), Flatiron Pond (Photo 6), Boxelder Ditch (Photo 7 and Photo 8), the Fossil Creek Reservoir Inlet (Photo 9), and small wetland pockets (Wetland 1 through Wetland 5) (Photo 10 through Photo 12). The wetlands and open water areas are discussed in detail in the Wetlands and Waters of the U.S. (WOTUS) section of this report. Additionally, a small tree stand dominated by white poplar (Populus alba), a species classified as introduced by the U.S. Department of Agriculture (https://plants.usda.gov/plant-profile/POAL7), is adjacent to Zeigler Road in the far southeastern portion of the project area (Figure 2; Photo 3). Agricultural lands in the project area include monocultures of basin wildrye (Leymus cinereus) and alfalfa (Medicago sp.). The nonnative uplands consist of grasslands dominated by smooth brome (Bromus inermis), kochia (Kochia scoparia), western wheatgrass (Pascopyrum smithii), common sunflower (Helianthus annuus), alfalfa, rubber rabbitbrush (Ericameria nauseosa), saltgrass (Distichlis spicata), and Russian thistle (Salsola kali), with some curly dock (Rumex crispus), Canada thistle (Cirsium arvense; a Lits B noxious weed), and bird's-foot trefoil (Lotus corniculatus). A list of commonly occurring plant species in the Project Area is provided in Appendix B. Wetlands and Waters of the U.S. (WOTUS) Background The federal Clean Water Act (CWA) protects the chemical, physical, and biological quality of WOTUS. The United States Army Corps’ (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 deemed to be “jurisdictional” and other WOTUS (streams, ponds, and other waterbodies). Since the regulatory program was initiated, the definition of WOTUS has changed frequently due to Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 8 ERO Resources Corporation United States Supreme Court (Supreme Court) decisions and revised and/or new administrative rules promulgated by changing United States presidential administrations. On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and Corps announced a final rule amending the 2023 definition of “waters of the U.S.” to conform with the United States Supreme Court’s ruling Sackett v. Environmental Protection Agency, 598 U.S. 651 (2023). The amended rule reduced the jurisdiction of the CWA over wetlands that are adjacent to bodies of water that do not have a continuous surface water connection to other known WOTUS, as well as to streams that are continuously flowing or relatively permanent. The amended rule removed the “significant nexus” standard that was created under the Supreme Court’s ruling in Rapanos v. United States, 547 U.S. 715 (2006). It also removes interstate wetlands from the definition of WOTUS and revises the definition of “adjacent” to mean “having a continuous surface [water] connection.” Wetlands that do not have a contiguous surface water connection to a traditionally navigable water or tributary are no longer jurisdictional, thus meaning that, for example, ephemeral streams that are permanently inundated with water are not deemed to be jurisdictional. Potential rulings and guidance in the future could affect the conclusion of this report regarding the jurisdictional status of waters and wetlands in the project area under Section 404. While ERO may provide its opinion on the likely jurisdictional status of wetlands and waters, the Corps is responsible for making any final determination of jurisdiction based on the current rules, guidance and, ultimately, case law. State Dredge and Fill Program On May 6, 2024, the Colorado Legislature enacted House Bill (HB) 24-1379 which creates a dredge and fill permit program for the State of Colorado. The program will apply to all state waters, including wetlands, that are not otherwise protected under the federal Section 404 program. If a Section 404 permit is obtained from the Corps, or the project has a valid approved JD from the Corps that was issued prior to May 25, 2023, then authorization from the State will not be required.2 The program will require authorization (permit) from the Colorado Water Quality Control Division (WQCD) in the Colorado Department of Public Health and Environment (CDPHE) for the placement of dredge or fill material into state waters where the wetlands or open water have been determined to not be WOTUS. The Colorado Water Quality Control Commission (WQCC) has until December 31, 2025, to complete rulemaking necessary to create a general and individual permit program similar to the 404 permit program. On July 6, 2023, the WQCD issued Clean Water Policy 17, titled “Enforcement of Unpermitted Discharges of Dredged and Fill Material Into State Waters” (July 6, 2023). If a project is impacting state waters that are no longer considered WOTUS requiring a CWA Section 404 permit, Clean Water Policy 17 applies. The policy allows for enforcement discretion if permanent impacts on state waters are under 0.10 acre on wetlands or 0.03 acre on streambeds and notification is submitted to CDPHE. If impacts exceed these thresholds, HB 24-1379 states WQCD may issue temporary authorizations for the activities if it would result in net increases in the function and services of state waters (only to stream impacts) or the 2 See generally, Section 25-8-205.1(8)(b), C.R.S. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 9 ERO Resources Corporation applicant shows proof of purchase of mitigation bank credits that meet or exceed the compensatory mitigation requirements that would have been applicable under the federal Nationwide Permits or state Regional General Permits programs. Beginning January 1, 2025, CDPHE will use existing federal Nationwide Permits and state Regional General Permits for compliance with impacts on state waters until rulemaking is completed by the WQCC and WQCD has issued general authorizations. Applicants may submit a preconstruction notification, as required under the Section 404 program, for authorization. If compensatory mitigation is required, the applicant will be required to obtain temporary authorization from WQCD, as discussed above. Under the Fort Collins Land Use Code, a development plan will not have a significant impact on wetlands, regardless of jurisdiction. Buffer requirements are also specified under then Land Use Code; wetlands greater than 0.33 acre in size should be buffered by 50-feet, wetlands greater than 0.33 acre in size should be buffered by 100- feet. Methods During the 2024 site visits, ERO surveyed the project area for wetlands, streambeds, and open waters. A formal jurisdictional wetland delineation was conducted during the June 11, 2024, site visit, and, additionally, a formal wetland delineation was conducted in the southwestern portion of the project area during the 2021 site visit (ERO 2021); the boundaries and character of the wetlands in this area were verified during the 2024 site visits. Prior to the 2024 site visits, ERO reviewed USGS topographic quadrangle maps and aerial photography to identify mapped streams and areas of open water that could indicate wetlands or WOTUS. ERO also reviewed the proximity and potential surface water connection of wetlands to known jurisdictional WOTUS using aerial photo interpretation, landowner information, and information from the 2021 site visit and 2024 site visits. During the 2021 site visit and 2024 site visits, ERO conducted a formal wetland delineation following the methods for routine on-site wetland determinations in areas of less than 5 acres, as described in the 1987 Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987), and ERO used methods specified in the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Great Plains Region (Version 2.0) (Corps 2010) to record data on vegetation, soils, and hydrology on routine determination forms (Appendix ). The Corps defines wetlands as “areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas” (33 Code of Federal Regulations [CFR] 328.2[c]). Wetland boundaries were determined by a visible change in vegetation community, soils, topographic changes, and other visible distinctions between wetlands and uplands. The wetland indicator status of plant species was identified using the National Wetland Plant List (Corps 2020), taxonomy was determined using Flora of Colorado (Ackerfield 2015) and Colorado Flora: Eastern Slope (Weber et al. 2012), and nomenclature was determined using the PLANTS Database (USDA, NRCS Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 10 ERO Resources Corporation 2024). If present, hydric soils were identified using field observation for hydric soil indicators accepted by the Corps. Soil data were not collected in conditions where there was a clear lack of hydrology and hydrophytic vegetation indicators. Where soil data were collected, a Munsell soil color chart was used to determine soil color. Intermittent, ephemeral, and perennial drainages with characteristics of a defined streambed, streambank, ordinary high water mark (OHWM), and other erosional features also were identified. The OHWM identifies the lateral jurisdictional limits of nonwetland WOTUS. Federal jurisdiction over nonwetland WOTUS extends to the OHWM, defined in 33 CFR 328.3 as “the line on the shore established by fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of the soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.” The Corps defines “stream bed” as “the substrate of the stream channel between the OHWMs. The substrate may be bedrock or inorganic particles that range in size from clay to boulders.” The boundaries of identified wetlands and other characteristics of potential WOTUS were mapped using a Trimble Global Positioning System (GPS) unit. Data were differentially corrected using the CompassCom base station. All differential correction was completed using Trimble Pathfinder Office 5.9 software. GPS data were incorporated using ESRI® ArcGIS Desktop software. Additionally, where appropriate, wetlands were drawn on georectified aerials and then digitized. Jurisdictional Assessment To assist the Corps in making a preliminary JD, ERO reviewed the proximity and potential surface water connection of wetlands and water features to known jurisdictional WOTUS using aerial photo interpretation, landowner information, and information from the wetland survey. Using the amended rule the Corps announced in August 2023 (described in the Background section), wetlands that do not have a contiguous surface water connection to a jurisdictional traditionally navigable water or tributary are not considered to be jurisdictional; similarly, ephemeral streams that do not have relatively permanent water are jurisdictional. Wetlands that have a contiguous surface water connection and waters that have relatively permanent water and a contiguous surface connection to the Cache la Poudre River, a known jurisdictional water, may be found by the Corps to be jurisdictional. Project Area Conditions Streams and Open Water Areas Prior to the 2024 site visits, ERO reviewed USGS topographic quadrangle maps, the 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 map and NHD show an unnamed pond, Boxelder Ditch, and the Fossil Creek Reservoir Inlet Ditch (FCRID) as occurring in the project area. During the 2024 site visits, one pond (Flatiron Pond) and four ditches were observed in the project area, including Rigden Farm Outfall, the FCO, Boxelder Ditch, and the Fossil Creek Reservoir Inlet (Figure 2). Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 11 ERO Resources Corporation The following sections of the ECS contain information on potential surface water connections of wetlands and other waters in the project area. Table 1 provides a summary of the mapped streams, open waters, wetlands, and acreage. Flatiron Pond Flatiron Pond occurs in the northern portion of the project area and appears to be a sand/gravel pit excavated in uplands. Based on the NHD and observations during the 2024 site visits, Flatiron Pond lacks a surface connection to a known WOTUS. Water was present in the pond at the time of the 2024 site visits, and vegetation was interspersed around the pond, mostly in narrow fringes. Scattered Russian olive (Elaeagnus angustifolia; a List B noxious weed) trees are established along the western bank. Rigden Farm Outfall Rigden Farm Outfall runs along the far northeastern boundary of the project area, flowing northwest to southeast. The ditch is approximately 8 feet wide and largely consists of wetland vegetation dominated by narrowleaf cattail (Typha angustifolia) with sandbar willows (Salix exigua) along the banks. The ditch has a defined channel and bed and bank and contained flowing water at the time of the 2024 site visits. Rigden Farm Outfall appears to flow into the Cache la Poudre River about 1 mile southeast of the project area. Fossil Creek Reservoir Inlet Ditch (FCRID) The FCRID occurs along the western boundary of the project area, generally flowing from north to south-southeast. The Fossil Creek Reservoir Inlet is shown as a canal/ditch on the NHD. The Fossil Creek Reservoir Inlet is approximately 30 feet wide and has a defined channel, bed, and bank and contained flowing water at the time of the 2021 site visit and 2024 site visits. The inlet has relatively steep earthen walls for most of its length and concrete walls under East Horsetooth Road. During the 2024 site visits, wetlands were observed in about 2-foot-wide fringes along both banks of the ditch. Based on aerial imagery and the NHD, the Fossil Creek Reservoir Inlet flows into the Fossil Creek Reservoir, approximately 3.15 miles south of the project area. The Fossil Creek Reservoir Outlet has a direct hydrologic surface connection to the Cache la Poudre. Foothills Channel; Outfall (FCO) The FCO runs along the southern boundary of the project area, just north of East Horsetooth Road (Figure 2). This ditch is approximately 30 feet wide and appears to be supported by agricultural runoff and stormwater flows. The primary purpose of the FCO is to convey excess flows from the FCRID to the Cache La Pouder River. The FCO did not contain an OHWM or flowing water at the time of the 2024 site visits but supported cattail wetlands throughout its reach in the project area. The FCO appears to have a hydrologic surface connection to the Cache la Poudre River about 0.50 miles east of the project area, although no flowing water was observed in the channel at the time of the 2024 site visits. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 12 ERO Resources Corporation Boxelder Ditch Boxelder Ditch bisects the northernmost portion of the project area, then occurs along the eastern boundary of the project area, flowing from northwest to southeast. The Boxelder Ditch is shown as a canal/ditch on the NHD. Boxelder Ditch is approximately 15 feet wide and has a defined channel, bed, and bank and contained flowing water at the time of the 2024 site visits. The Boxelder Ditch also has steep walls for most of its length in the project area but has some areas with low terraces that support wetland vegetation. During the 2024 site visits, a majority of the wetlands were observed in approximately 2-foot-wide fringes along both sides of the ditch channel, with a section of the north end extending to 4 feet wide on the west side. The Boxelder Ditch appears to have a direct surface connection to the Cache la Poudre River, 3.10 miles to the south. Wetlands During the 2021 site visit and 2024 site visits, data were collected from various locations in the project area to document the characteristics of uplands and wetlands and the transition areas between them. Each data point (DP) was given a label that corresponds to a location shown on Figure 2 and routine wetland determination forms in Appendix . Wetlands associated with Ditches and Ponds Vegetation Emergent wetlands were delineated in the project area along Flatiron Pond, the Boxelder Ditch, and the FCO, which were representative of the wetlands observed in fringes along Rigden Farm Outfall and the Fossil Creek Reservoir Inlet. DPs were collected in the wetlands and in the adjacent uplands. The characteristics of the remaining ditches, the Fossil Creek Reservoir Inlet and Rigden Farms Outfall. Emergent wetlands were delineated in the project area on the east side of Flatiron Pond and were dominated by spotted ladysthumb (Persicaria maculosa) and oakleaf goosefoot (Chenopodium glaucum). The wetlands along the ditches were dominated by narrowleaf cattail and reed canarygrass (Phalaris arundinacea). At DP1, DP3, and DP8, the vegetation passed the dominance test for hydrophytic vegetation. DP2, DP4, and DP9 consisted primarily of upland species and did not meet the requirements for hydrophytic vegetation. Soils Soil types in the project area were identified by the NRCS Soil Surveys for Larimer County, Colorado. The NRCS mapped the primary soil association for the wetlands as Caruso clay loam, 0 to 1 percent slopes, and Nunn clay loam, 0 to 1 percent slopes (NRCS 2024). Human activity in the project area has altered soils in the area, and, therefore, the soil mapping units may no longer apply. At DP1 and DP2, the soil was extremely rocky; several holes had to be dug to get a profile. Soils at DP1 contained matrix colors of 90 percent 10YR 4/2 and 10 percent 2.5 YR 4/4 in the upper 3 inches with a silty clay and silty texture, respectively. From 3 through 10 inches deep, the soils contained a matrix color of Gley 1 3/N with 5 percent 10YR 5/6 prominent redox concentrations with a silty texture. At DP2, the soils contained a matrix color of 10YR 6/3 with a texture of silty loam in the top 2 inches. A Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 13 ERO Resources Corporation restrictive layer of large rocks was hit at 2 inches deep, preventing further digging. The soils at DP1 met the redox dark surface and redox depressions indicators. At DP3, soils contained a matrix color of 10YR 4/3 in the upper 3 inches with a silty clay loam texture. From 3 through 7 inches deep, the soils contained a matrix color of 10YR 4/3 with 2 percent 10YR 4/4 prominent redox concentrations with a silty clay loam texture. From 7 through 9 inches deep, the soils contained two matrix colors: 75 percent 10YR 2/1 with 3 percent 7.5YR 4/6 prominent redox concentrations and 22 percent 10YR 3/2 with a sandy clay loam texture. At DP4, soils contained a matrix color of 10YR 5/4 with a sandy texture. At DP8, the soils had a mixed matrix color of 30 percent Gley 1 2.5/N and 70 percent 2.5Y 2.5/1 with a mucky texture. Soils at DP8 contained a significant amount of organic matter. No soil pits were dug at DP9 due to the presence of upland vegetation and lack of hydrology. The soils at DP3 met the redox dark surface indicator, and the soils at DP8 met the histol indicator. No hydric soil indicators were observed at DP2, DP4, or DP9. Hydrology Hydrology indicators were observed at DP1, DP3, and DP8. Primary indicators were observed including saturation at DP1, surface water at DP8, and a high water table and saturation at DP3 and DP8. Secondary indicators were observed including visible saturation on aerial imagery at DP8 and geomorphic position and an FAC-Neutral test at both DP3 and DP8. DP2, DP4, and DP9 did not meet any hydrology indicators. Dryland Areas Three DPs (DP5, DP6, and DP7) were collected in and along the southeastern boundary of the project area where a change in composition in the nonnative upland vegetation community occurs (Figure 2; Photo 13 and Photo 14). A slight change in topography and dominance by herbaceous species that are less prevalent in the rest of the nonnative upland vegetation community is present; however, based on observations and data collected during the 2024 site visits, no OHWM or wetlands occur in this area. DP5, DP6, and DP7 are described in detail below. Vegetation At DP5, the vegetation was dominated by western wheatgrass (upland [UPL]) and curly dock (FAC). DP6 was dominated by Canada thistle. DP7 was a combination of both DP5 and DP6, with western wheatgrass, Canada thistle, and curly dock as the dominant species. DP5, DP6, and DP7 did not meet the criteria for any indicators for hydrophytic vegetation. Soils The NRCS mapped the soils in the area as Stoneham loam, 1 to 3 percent slopes (NRCS 2024). Field observations revealed that the soils primarily consisted of silty clay within 12 inches of the soil surface. The soil was dense and rocky, preventing digging further at each DP. At DP5, the soil contained a matrix color of 10YR 4/3 within 8 inches of the soil surface. At DP6, the soil contained a matrix color of 10YR 3/3 within 12 inches of the soil surface. At Dp7, the soil contained a matrix color of 10YR 4/3 within 10 inches of the soil surface. DP5, DP6, and DP7 did not meet any hydric soil indicators. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 14 ERO Resources Corporation Hydrology No hydrology indicators were observed at DP5, DP6, or DP7. Wetland 1 through Wetland 5 Wetlands 1 through Wetland 5 were delineated during the 2021 site visit, and the conditions and boundaries were verified during the 2024 site visits. DPs were collected in the wetlands and in the adjacent uplands and are described in detail in the approved JD request submitted to the Corps in 2021 (ERO 2021a; Corps 2021; Appendix B). Wetland 1 and Wetland 2 appear to be man-made stock watering ponds and are encircled by berms. A buried pipe connects Wetland 1 and Wetland 2; however, no surface inflow or outflow was observed from Wetland 1 and Wetland 2 during the 2021 site visit or 2024 site visits. Wetland 3, Wetland 4, and Wetland 5 occur along the hill slope in the project area and flow downslope to the east. At the time of the 2021 site visit and 2024 site visits, Wetland 3 contained a narrow OHWM but did not make a visible connection to the Fossil Creek Reservoir Inlet via surface water. A small upland break between Wetland 3 and Wetland 4 is present, and Wetland 4 is connected to wetlands abutting the Fossil Creek Reservoir Inlet. Wetland 1 through Wetland 5 are described in more detail below. Wetland 5 does not have any surface connections to the nearby wetlands or the Fossil Creek Reservoir Inlet and appears to dissipate into uplands. The wetland delineated results below are from the 2021 site visit delineation, and the boundaries were updated during the 2024 site visits. Vegetation The dominant species in Wetland 1, Wetland 2, Wetland 4, and Wetland 5 are reed canarygrass, common threesquare (Schoenoplectus pungens), and smooth brome. The dominant species in Wetland 3 is narrowleaf cattail with some reed canarygrass. The vegetation in the wetlands met the dominance test for hydrophytic vegetation. The dominant species in the adjacent uplands are smooth brome and western wheatgrass, and less prevalent species include Kentucky bluegrass (Poa pratensis) and Canada thistle. Soils The NRCS mapped the soils in the area as Larimer-Stoneham complex, 3 to 10 percent slopes (NRCS 2024). Soils in the wetlands met the depleted matrix and the redox dark surface soil indicators. Soils in the uplands adjacent to the wetland areas did not meet any of the hydric soil indicators. Hydrology Hydrology indicators observed in Wetland 1 included a successful FAC-Neutral test, geomorphic position, and saturation on the aerial imagery. Hydrology indicators in Wetland 2 included saturation within 12 inches of the soil surface, a high water table, a successful FAC-Neutral test, geomorphic position, and saturation on the aerial imagery. The hydrology indicators for Wetland 3 and Wetland 4 included surface water, a successful FAC-Neutral test, saturation on the aerial imagery, and geomorphic position. Hydrology indicators in Wetland 5 included a successful FAC-Neutral test and oxidized Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 15 ERO Resources Corporation rhizospheres on living roots. Wetland hydrology was not present in the uplands adjacent to these wetland areas. Table 1. Wetland and open water features identified in the project area. Feature ID Longitude Latitude Cowardin Classification Feature Size (Acre) Streams and Open Water Flatiron Pond -105.018631 40.54705811 Palustrine 6.84 Rigden Farm Outfall -105.0179825 40.55053329 N/A - artificial 1.42 FCO -105.0132828 40.53796387 N/A - artificial - Boxelder Ditch -105.0127716 40.54156113 N/A - artificial 1.60 FCRID -105.0190582 40.54153061 N/A - artificial 3.83 Wetland 3 OHWM Palustrine <0.01 Wetlands Rigden Farm Outfall Wetlands -105.0179825 40.55053329 Palustrine Emergent/ Palustrine Scrub-shrub 0.21 FCO Wetlands -105.0132828 40.53796387 Palustrine Emergent 1.49 Boxelder Ditch Wetlands -105.0128403 40.54164505 Riverine Unknown Perennial 0.39 Fossil Creek Reservoir Wetlands -105.0190277 40.54156113 Riverine Intermittent 0.49 Flatiron Pond Wetlands -105.0186386 40.5471344 Palustrine Aquatic Bed 0.06 Wetland 1 -105.019165 40.5387001 Palustrine Emergent 0.04 Wetland 2 -105.018692 40.53891373 Palustrine Emergent 0.06 Wetland 3 -105.0178146 40.53867722 Palustrine Emergent 0.12 Wetland 4 -105.0173264 40.53876877 Palustrine Emergent <0.01 Wetland 5 -105.0178452 40.53797913 Palustrine Emergent 0.06 Total Streams and Open Water (Acre) 12.42 Total Wetlands (Acre) 2.91 Total (Acre) 15.33 Wetland Functions During the 2024 site visits, ERO identified ecological stressors in the wetlands. An understanding of the ecological functions of the stream and adjacent wetland and riparian areas can assist in the analysis and mitigation of potential impacts. Studies have recognized that riverine and palustrine systems provide particular functions to the environment. These functions are the chemical, physical, and biological processes or attributes vital to the integrity of riparian systems. Researchers recognize a variety of wetland and riparian functions that are typically related to water quality, biodiversity, and hydrological and ecological processes. The wetlands in the project area are low functioning due their location along ditches and a man-made gravel pond and their adjacency to agricultural fields and other human development. This results in nutrient runoff into the wetlands from nearby agricultural and developed areas which affects water quality. Additionally, most of the wetlands are dominated by narrowleaf cattail or reed canarygrass and do not contain a high diversity of species or a variety of structures. The wetlands, except for Flatiron Pond and Wetland 5, appear to be supported by managed hydrology associated with irrigation ditch systems and agricultural and impervious surface runoff, not natural surface water or groundwater flows. Although the wetlands in the project area are low functioning, they likely provide some habitat for wildlife or migratory birds and could potentially serve as a wildlife passage through the project area. The development plan proposes to incorporate buffer zones along Rigden Farm Outfall, the FCO, Boxelder Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 16 ERO Resources Corporation Ditch, the Fossil Creek Reservoir Inlet, and Wetland 3 and Wetland 5, except where designated crossings are necessary for transportation and utilities. These crossings would be designed to avoid and minimize disturbance to ecologically sensitive areas as much as possible. ERO Assessment of Jurisdiction Based on aerial imagery and the NHD, Flatiron Pond appears to have been constructed in uplands and lacks a downstream surface connection to a known WOTUS. As such, ERO believes this feature would be considered nonjurisdictional. Rigden Farm Outfall, the FCO, Boxelder Ditch, and the Fossil Creek Reservoir Inlet appear to have a direct hydrologic surface connection to the Cache la Poudre; therefore, these features would likely be considered jurisdictional by the Corps. Based on the Corps approved JD provided on December 13, 2021, Wetland 3 and Wetland 4 abut and discharge into the Fossil Creek Reservoir Inlet canal and would likely be considered jurisdictional by the Corps. Wetland 1 and Wetland 2 are livestock ponds excavated down to the water table in uplands but have no surface connection to Wetland 3 or Wetland 4 or the Fossil Creek Reservoir Inlet canal and are, therefore, non-jurisdictional. Wetland 5 occurs on a hillslope and has no surface or shallow subsurface connection to Wetland 3 or Wetland 4 or the Fossil Creek Reservoir Inlet canal and, therefore, it is non-jurisdictional (ERO 2021b; Corps 2021; Appendix B). Potential Impacts and Recommendations Transportation and utility crossings may be necessary over the Rigden Farm Outfall, the FCO, Boxelder Ditch, and the Fossil Creek Reservoir Inlet, and a stormwater outfall is proposed to the Fossil Creek Reservoir Inlet. ERO believes these features and their abutting wetlands are likely jurisdictional and, if work is planned in these areas, a Section 404 permit would likely be required from the Corps for the placement of dredged or fill material in wetlands or below the OHWM. Based on ERO’s understanding of the proposed activities for transportation and utility crossings and the stormwater outfall, these activities would likely fall under one or more Nationwide Permits. Wetland mitigation would be required by the Corps for permanent impacts on wetlands greater than 0.10 acre. Except for the proposed activities discussed above, no disturbances are proposed to occur within 50 feet of Rigden Farm Outfall, the FCO, and the Fossil Creek Reservoir Inlet to protect their ecological character (Appendix C). A conveyance swale and maintenance trail are proposed parallel to the southwest side of Boxelder Ditch. While these features would fall within the 50-foot buffer, the swale would reduce nutrient loads by intercepting runoff from adjacent agricultural and human developed areas and would create a parallel corridor for use by wildlife or migratory birds through the project area. As such, the Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 17 ERO Resources Corporation construction of these features within the 50-foot buffer is not likely to have long-term effects on the ecological character of Boxelder Ditch. ERO understands that no development is planned within 40 feet of Flatiron Pond and enhancement planting and opportunities for wetland mitigation are available if needed along the shoreline of the pond. Despite its likely non jurisdictional status, if any work is planned in Flatiron Pond or its abutting wetlands in the project area, a JD should be requested from the Corps. If these areas are considered jurisdictional and work is planned in any of these areas, a Section 404 permit would be required from the Corps for the placement of dredged or fill material in wetlands or below the OHWM. If no work is planned in this feature, no Corps action is necessary. The approved JD for Wetland 1 through Wetland 5 is valid for five years. Based on the determination, no Section 404 permit would be required for work in Wetland 1, Wetland 2, or Wetland 5 (ERO 2021b; Corps 2021; Appendix B). If any work is planned in Wetland 3 or Wetland 4, a Section 404 permit would be required from the Corps for the placement of dredged or fill material in wetlands or below the OHWM. If no work is planned in any of these areas, no Corps action is necessary. Based on the Master Plan (Appendix C), no work is planned with Wetland 3 or Wetland 4, and these areas would be preserved and incorporated as part of a Pollinator Park. Threatened, Endangered, and Candidate Species During the 2024 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 Service under Section 7 or Section 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 2). Table 2. Federally threatened, endangered, and candidate species potentially found in the project area. Common Name Scientific Name Status* Habitat Habitat Present or Potential to be Affected by Project? Mammals Preble’s meadow jumping mouse (Preble’s) Zapus hudsonius preblei T Shrub riparian/wet meadows No habitat 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 Marginal; see discussion below Piping plover** Charadrius melodus T Sandy lakeshore beaches and river sandbars No habitat and no depletions anticipated Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 18 ERO Resources Corporation Common Name Scientific Name Status* Habitat Habitat Present or Potential to be Affected by Project? Whooping crane** Grus americana E Mudflats around reservoirs and in agricultural areas No habitat and no depletions anticipated Fish 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 potential to affect 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 habitat 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; PE = Proposed Endangered species; Ex = Experimental Population, Non- Essential. **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 2024a. Species Eliminated from Further Consideration The piping plover, whooping crane, pallid sturgeon, and western prairie fringed orchid are species that are affected by continued or ongoing water depletions to the Platte River system. It is ERO’s understanding that that no new water depletions of the South Platte River are anticipated. 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. The project area is not within a designated migration corridor or overwintering area for the monarch butterfly (Service 2019), although some monarch butterflies migrate through Colorado in the summer. This species may occasionally travel through the project area but is not likely to lay eggs because the project area does not provide adequate host and nectar-producing plants to support viable monarch butterfly populations. Any loss of host and nectar plants in the project area would not result in appreciable take. Furthermore, as a candidate species, monarch butterflies are not currently protected under the ESA. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 19 ERO Resources Corporation Threatened and Endangered Species Habitat Vegetation characteristics similar to those found in suitable habitat for Preble’s and eastern black rail are present in portions of the project area, and ULTO is also generally associated with areas near the Platte River system. As such, a more detailed discussion of these species can be found below. Preble’s Meadow Jumping Mouse Species Background Preble’s was listed as a threatened species on May 13, 1998. 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 the Colorado 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 prefers riparian areas featuring well-developed, multistoried, and horizontal cover with an understory of grasses and forbs (Bakeman 1997; Armstrong et al. 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 (Armstrong et al. 1997). Radio-tracking studies conducted by 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 2024 site visits, ERO assessed the project area for potential Preble’s habitat. The project area was recently mined and currently is dominated by agricultural land and nonnative upland vegetation This vegetation does not contain a sufficient lush herbaceous vegetation or shrub cover dominated by sandbar willow and other riparian shrubs that are typically associated with known Preble’s habitat. The potential wetland along the ditches in the project area are dominated by cattails, vegetation not typically associated with Preble’s. Furthermore, the closest known population of Preble’s is more than 10 river 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. Because the project area does not contain any potential habitat for Preble’s, no further action is necessary. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 20 ERO Resources Corporation Eastern Black Rail Species background The eastern black rail was listed as a threatened species on October 8, 2020, under the ESA (see Federal Register Vol. 85, No. 196:63764-63803) by the Service. The eastern black rail ranges throughout central and eastern North America and south through the Caribbean and Brazil. It has been documented along the Arkansas River drainage in southeastern Colorado and the Republican River in east-central Colorado. Threats to the eastern black rail include habitat fragmentation and conversion resulting in the loss of wetland habitats, sea level rise and tidal flooding, land management practices (e.g., incompatible fire management practices, grazing, and haying/mowing and other mechanical treatment activities) and increasing storm intensity and frequency. No exact counts of eastern black rail populations are currently available; therefore, analysis units based on habitat have been identified across the U.S. Colorado is included in the Great Plains analysis unit (Service 2019). The eastern black rail is dependent on large wetland and marsh habitat that contains a mix of wet, saturated, and some dry edges around the periphery. The subspecies requires dense overhead cover and soils that are moist to saturated (occasionally dry) and interspersed with or adjacent to very shallow water (Service 2019). Plant structure and density is considered more important than plant species composition in predicting habitat suitability. Of note, when shrub densities become too high, habitat is considered less suitable for eastern black rail (Service 2019). The eastern black rail breeding season primarily occurs from May to August with some early nesting in March and April (Service 2019). In Colorado, they have been documented in cattail/bullrush marshes and near pond edges. Along the Republican River in northeastern Colorado and western Kansas, they have been documented in riparian habitat (U.S. Air Force Academy 2020). Potential Habitat and Recommendations The Service broadly maps eastern black rail range in southeastern Colorado along the Arkansas River Basin and north of the Denver metropolitan area, including portions of Larimer County which overlap the project area; however, the Arkansas River Valley is identified as the region where reliably observed breeding populations are known to be present. Given the rarity of eastern black rail, overall, and the minimal number of recent sightings in Colorado north of Denver, eastern black rail are unlikely to be present in the project area. Additionally, the limited wetland habitat in the project area is insufficient to support this species. The only areas containing herbaceous emergent wetlands dominated by cattails are in Rigden Farm Outfall and the FCO, where no activities are proposed to occur. Due to the lack of suitable habitat for eastern black rail in the project area and the avoidance of work in these areas, ERO has determined that the proposed project would have no effect on this species. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 21 ERO Resources Corporation 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 listed 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 2024). In Colorado, the Service requires surveys in habitat in 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 County and Jefferson County. ULTO does not bloom until late July to early September (depending on the year), and the timing of surveys must be synchronized with blooming (Service 1992b). 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 project area does not fall within the Service’s guidelines for ULTO surveys (Service 1992b); therefore, no action is necessary regarding ULTO. Furthermore, the wetlands in the project area are dominated by species not usually associated with ULTO, and the wetlands lack the wet meadow areas necessary for the establishment of ULTO (Service 1992). 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 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 0.33 mile or 0.25 mile) (CPW 2020). Non-eagle raptor nests can be removed legally when not occupied by adults, young or eggs. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 22 ERO Resources Corporation Fort Collins land use code states that A temporary Limits of Disturbance of a 450-foot radius shall be established for Red-tailed and Swainson's hawk active nest sites during the period from February 15 through July 15 of the first year of a multi-year development construction project. Potential Habitat and Possible Effects The project area supports a few individual or small stands of nonnative trees, such as white poplar and Russian olive with sparsely scattered native cottonwoods (Populus deltoides), which provide suitable habitat for nesting songbirds. The nonnative agricultural lands provide limited habitat for grassland birds, and very few grassland species were observed during the 2024 site visits. The pond, ditches and associated wetlands provide narrow strips of wetland and open water that can support nesting scrub- shrub wetland species such as song sparrow and breeding, brood-rearing, and foraging habitat for waterfowl species. Songbird species observed during the 2024 site visits included killdeer (Charadrius vociferus), song sparrow (Melospiza melodia), black-capped chickadee (Poecile atricapillus), red-winged blackbird (Agelaius phoeniceus), barn swallow (Hirundo rustica), European starling (Sturnus vulgaris), and western meadowlark (Sturnella neglecta). Although few birds were observed, songbirds likely occur in the upland grasslands, wetland swales, and small stands of trees that occur in the project area. The breeding season for most birds in Colorado is March through August. ERO also reviewed the CPW raptor database and conducted a general reconnaissance for active and in- use non-eagle raptor nests within 1-mile of the project area. Eagles are addressed in a separate subsection below. Several active nests of various species, including red-tailed hawk, great-horned owl and osprey are recorded on the CPW raptor database as occurring in either the Cottonwood Hollow, Running Deer or Arapahoe Bend Natural Areas. All these nest sites are more than 0.5 miles distant from the project area and visually screened by intervening vegetation and industrial/commercial facilities. One in-use red-tailed hawk nest was observed in 2025 more than 0..33 miles feet east of project area (Figure 3). This nest site is likely a new nest for site 01996 as identified on the CPW database. ERO has been periodically monitoring the status of this nest site since 2009 (ERO 2009) and site 01996 has occupied multiple alternate nests since 2009. Recommendations Vegetation removal should occur outside of the breeding season (typically September through February for songbirds and March through July for most raptors). Both the Denver Field Office of the Service and the Colorado Department of Transportation ( Service 2009; 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 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 Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 23 ERO Resources Corporation Figure 3. Raptor Nests and High Priority Habitat. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 24 ERO Resources Corporation 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 for vegetation removal outside of the breeding season, a nest survey should be conducted within one week prior to vegetation removal to determine if any 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. Waterfowl Concentration Areas The City of Fort Collins NAD provides guidance in its Wildlife Conservation Guidelines (NAD 2017) that can assist in defining a concentration area’s habitat characteristics. These guidelines define concentration areas or key production area as gravel ponds, the Poudre River and the wetlands adjacent to the river. These areas are of particular importance during the spring migrations as ducks and shorebirds frequently use these seasonally flooded wetlands that are rich in food resources. This provides carbohydrates for migration and invertebrates for the formation of protein necessary for egg production for breeding species. Migratory waterbird concentration areas are defined as habitat complexes (several adjacent habitat types close together rather than one specific habitat type) hosting Colorado priority habitat species. These complexes provide food availability, habitat diversity, and sanctuary that are key components for retaining waterbirds during nesting and over winter. No migratory bird concentration areas are identified on the referenced data sources. Additionally, bird surveys conducted in summer 2024 and winter 2025 have identified some waterfowl use of canals, ditches and open water on the property, but the number of individuals and the diversity of species observed does not indicate that the property is a waterfowl or migratory bird concentration area. As described above, the Cache la Poudre River is an extensive riparian corridor. The river corridor combined with wetlands and upland fields that provide nesting and foraging opportunities creates an extensive habitat to support waterbird concentrations. However, much of this waterbird concentration area has already been protected or preserved as natural areas, open space and private conservation easements that extend for North Shields Ponds to Arapahoe Bend (CODEX 2024). The project area is adjacent to the Cache la Poudre River corridor but disconnected and fragmented from the corridor by the permitted sand and gravel mining property and active railroad. Much of the aggregate mine has been restored and is currently used for hay production most of the project area has had insufficient time to develop the habitat components needed for waterbird concentrations. Three ditches and canals traverse the project area which provides narrow ribbons of habitat for waterbirds. Most of these canals will be buffered as defined in the land use code, maintaining the existing ribbons of habitat and contributing to the connectivity and function of the nearby Cache la Poudre River waterbird concentration area. Waterfowl likely nest in the nonnative agricultural croplands near these water sources prior to hay harvesting. Canada geese and mallard ducks with broods were observed in all the canals during the 2024 site visits. Waterfowl species observed during the 2024 site visits included Canada goose (Branta canadensis), mallard (Anas platyrhynchos), and gadwall (Mareca strepera). All canals will be buffered as defined in the Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 25 ERO Resources Corporation Fort Collins land use code, maintaining the existing ribbons of habitat and contributing to connectivity and function of the nearby Cache la Poudre River waterbird concentration area. Bald Eagle Species Background The Bald Eagle Protection Act (Eagle Act) was originally passed in 1940. In 1962, the Eagle Act was amended to include the golden eagle. The Eagle Act prohibits anyone, without a permit issued by the Secretary of the Interior, from “taking” bald eagles, including their parts, nests, or eggs. The Eagle Act defines “take” as “pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest, or disturb(50 CFR § 22.6).” The Eagle Act affords eagles additional protections beyond those provided by the MBTA by making it unlawful to “disturb” eagles. In 2007, “disturb” under the Eagle Act was defined to mean to “agitate or bother a bald or golden eagle to a degree that causes or is likely to cause, based on the best scientific information, (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 (50 CFR § 22.6).” The Eagle Act authorizes the Service to issue eagle incidental take permits only when the take is “compatible with the preservation of bald eagles or golden eagles.” In 2024, the Service revised the regulations for the issuance of permits for eagle incidental take and eagle nest take (89 FR 9920). The revised regulations include a new system of general permits in addition to the specific permit system the Service has used in the past. General permits are now available for the disturbance of bald eagles when the disturbance will be a result of several specified activities that include building construction, linear infrastructure construction and maintenance. As part of the revised regulations, the Service has specified recommended distances in the regulation within which these activities may cause disturbance and recommend nest buffers of 660 feet for bald eagles. State and Local Regulations CPW provides recommended buffer zones and seasonal restrictions for raptors, last updated in 2020 (CPW2020). These guideline recommend No Surface Occupancy (NSO) beyond that which historically occurred, within 0.25 mile (1,320 feet) radius of active nests and no permitted, authorized, or human encroachment activities within 0.5 mile (2,640 feet) radius of active nest sites from December 1 through July 31. However, these guidelines further state that “If surface occupancy cannot be avoided within 0.25 mile of the nest and the nest is located within a highly developed area, then, through consultation with CPW, the recommended no surface occupancy buffer may be reduced to a 0.33 mile (660 feet) from the nest site (CPW 2020)”. 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. The City Land Use Code has a 0.5 mile (2,640 feet) buffer for bald eagle nest sites. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 26 ERO Resources Corporation History of Past Human Activities Bald eagles were first observed nesting on the parcel directly east of the project area (East Rigden Property) in 2009 (ERO 2009). Because construction aggregate mining and restoration activities were on-going on both the project area and East Rigden property, ERO developed an Avian Management Plan in consultation with CPW Conservation Biologist Mike Sherman and the local District Wildlife Manager (ERO 2009). This plan has been updated several times as eagle nest locations and land use activities have changed over the years. These Avian Management Plans have documented significant human disturbance in the project area for at least the last 40 years. The project area was first permitted in 1979 for sand and gravel mining by the Colorado Mined Land Reclamation Board under Permit No. M-1979-097. The Great Western Railroad, operated by OmniTRAX, bisects the project area diagonally (Figure 2). The Colorado State University (CSU) Environmental Learning Center (ELC) is located directly north and adjacent to the project area. Despite landowner efforts, frequent third-party trespassing occurs along the railroad tracks and riparian corridor and occasional illegal camping occurs along the Cache la Poudre River. Human activities that have occurred in proximity to in-use bald eagle nests are presented below categorized by historic and on-going disturbance within concentric buffers to the nest locations: • Within 660 feet of bald eagle nests: − East Rigden access road. − 2023 dead tree/shrub management (conducted during the nonbreeding season). − Routine property maintenance, including mowing, weed control, and reseeding, conducted during the nonbreeding season, as needed. • Between 660 feet and 1,320 feet of bald eagle nests: − East Rigden access road. − Routine property maintenance, including mowing, weed control, and reseeding, as needed. − Poudre River Regional Trail − Heavily used Rigden Farms detention pond • Within a 1,320-foot of bald eagle nests: − Ready Mix concrete plant. − Fort Collins water treatment plant. − CSU ELC (includes trails and outdoor classrooms). − Fossil Creek Ditch. − Boxelder Ditch. − Boxelder Water Treatment Plant. − City of Fort Collins Backfilled POE Pit. − Water Storage Reservoir construction. − USGS Pouder River Gaging Station. − Xcel Powerline Fly Over. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 27 ERO Resources Corporation • Within a 2,640-foot of bald eagle nests: − Rigden Farm Subdivision, a high-density residential development with more than 100 single- family homes and 20 multifamily units in the 2,640 foot buffer. − Fort Collins Parks Department east maintenance facility. − Ziegler Road. − East Drake Road. − Pedestrians walking the Fort Collins Reservoir Trail. − Installation and operation of outfall pipe from East Rigden Pond. − Prospect Ponds Natural Area. − Bucking Horse Subdivision. 16 years of extensive observations of eagle activity in proximity to industrial and recreational activity detailed below indicates that the CPW criteria for a 660-foot buffer as a “Highly Developed Area” is likely more appropriate (Exhibit B). The first eagle pair was observed nesting on CLF property directly east of the Strauss Lakes property in 2009 (ERO 2009). Because construction aggregate mining and restoration activities were ongoing on the East Rigden property, ERO developed Avian Management Plans in consultation with CPW Conservation Biologist Mike Sherman and the local District Wildlife Manager Nancy Butler beginning in 2009 (ERO 2009. The eagles nesting on the East Rigden property have been routinely monitored and the management plans have been periodically updated to reflect changes in the location and number of active eagle nests in the area (Beane 2010, Hart Environmental 2012,ERO 2020, ERO 2023). In 2024, ERO on behalf of CLF developed an Eagle Protection Plan for Debris Management in Consultation with the U.S. Fish and Wildlife Service (Service) (ERO 2024). These Avian Management Plans and related reports have documented significant human disturbance on the property for at least the last 40 years. The northern irrigation pond and a small portion of the proposed development does fall within the CPW recommended buffer for no permitted, authorized, or human encroachment activities within ½ mile (2640 feet, 800 meters) radius of active nest sites from December 1 through July 31 (CPW 2021). Sand and gravel mining was first permitted by the Colorado Mined Land Reclamation Board on the property in 1979, which actively continued until 2021. Other disturbances in the area include, but are not limited to, the Great Western Railroad operated by OmniTRAX (which bisects the property), Colorado State University Environmental Learning Center with occupied dwellings and multiple trails, the Poudre River Regional Trail (completed in 2024 by the City of Fort Collins, which is open to pedestrians and bicycle use (discussed further immediately below), ready mix aggregate processing plant, Fort Collins water treatment plant, City Parks Department offices and maintenance building, and three active canals requiring routine checks and maintenance. All of these disturbances are located within 0.3 mile of the closest eagle nest to Strauss Lakes. Of particular note is the year-round Poudre River Regional Trail that is located approximately 660 feet from the eagle nest closest to the Strauss Lakes Development. Numerous scientific and agency publications substantiate and conclude that bald eagles exhibit higher sensitivity to pedestrians (both alone and with dogs) compared to individuals in vehicles, and that bicyclists cause moderate to high disturbance (Service 2007). Further evaluating human disturbance out to the 1/2-mile recommended buffer, the northernmost bald eagle nest is clearly located in an existing area of high-density residential development (more than 100 single-family homes and 20 multifamily units), commercial/industrial use, and year-round recreational use (Exhibit B). Recognizing these ongoing human disturbances during the Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 28 ERO Resources Corporation development of the Avian Management Plans (ERO 2009), CPW concurred in 2009 that a modified disturbance buffer ending at the railroad tracks was appropriate. Potential Habitat and Effects As mentioned above, bald eagle have consistently nested along the Cache la Poudre River, within 0.5- mile of the project site. There are two active eagle nest sites in this area that generally function. Forest, shrub and debris management activities were conducted near these active eagle nests on the East Rigden property in September 2023. Per the Avian Management Plan, these activities were conducted during the eagle and raptor non-breeding season. During these management activities, a new pair of adult bald eagles began nest construction activities approximately 660 -feet from the northern portion of the project area (Figure 3.). All tree management and debris removal activities on the East Rigden property immediately ceased on December 21, 2023, as the Service and CPW requested that potential disturbance to the eagles be minimized. Due to the risk of downed tree and shrub debris being washed into the river during spring high flows, ERO developed an Eagle Protection Plan (Protection Plan) for Debris Management (ERO 2024) that the Service approved on February 5, 2024 (Appendix E). The Protection Plan establishes a tiered approach that avoided all areas less than 660-feet from the new nest and the most sensitive areas outside of 660-feet until after all young had fledged or the nest failed. This approach informed the new eagle “take” guidelines. In its February 5, 2024, approval of the Protection Plan, the Service confirmed that an incidental eagle disturbance permit would not be needed and provided additional avoidance and minimization recommendations (Appendix F). ERO monitored all active eagle nest sites within 1-mile of the project area. Three in-use nest sites were observed during 2024. The new nest site north of the project area, an established nest directly south of the Boxelder Water Treatment Plant (Figure 3) and a third nest site approximately 0.75 miles southeast of the project area on Arapahoe Bend Natural Area (not shown on Figure 2). The eagles using the two established nest sites successfully fledged young, while the new nest failed prior to young hatching. It is not un-common for new eagle nest sites to fail in the first year. The northern portion of the project area is within the CPW recommended 0.5 mile buffer and nest site HPH for the new nest site to the north. The consultation with CPW in 2009 and with the Service in February 2024 confirm the agencies’ acknowledgement that eagles nesting in this vicinity have demonstrated tolerance to human disturbance for approximately 15 years. Based on the eagle tolerance, CPW accepted disturbance buffers that were truncated at the railroad line and the Service concurred that the 660-foot disturbance buffers were appropriate for these nest sites (Figure 3). Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 29 ERO Resources Corporation Recommendations Because of existing frequent human activity (e.g., mining, water treatment plants, local traffic, etc.) and demonstrated tolerance to human activities, it is unlikely that bald eagles would be adversely disturbed by activities in the project area. If bald eagles do relocate to a nest location within 660 feet of the project area, and if construction is proposed within this buffer zone, ERO recommends consulting with the Service and CPW to evaluate intervening landscape buffers and whether the adoption of seasonal restrictions is needed. Bald eagles or other raptors choosing to nest within 0.5 mile of the project area during or after construction indicates that these eagles and other raptors have adapted to the construction activity and other existing levels of human disturbance and that no restrictive measures are warranted. Key Terrestrial Habitat The Colorado State Wildlife Action Plan (SWAP, 2015) has identified Key Terrestrial Habitat through the state, including three habitats that may occur on the project area: wetlands, sandsage and riparian woodlands and shrublands. The statewide mapping was conducted at a very high level on a state-wide scale that is imprecise to apply to small scale local land use as evidenced by many of the key habitat polygons located within reservoirs, on top of roadways, etc. Although the state-wide mapping is imprecise, the objectives of identifying key habitat is still valid on the project area. Wetlands are addressed in the wetlands subsection of this ECS and no sandsage was identified on the site (Figure 2). According to the SWAP, lower riparian woodlands and shrublands are found within the flood zone of rivers, on islands, sand or cobble bars, and immediate streambanks. (CPW 2015). On the eastern plains, riparian woodlands and shrublands are generally dominated by plains cottonwood and willow species (Salix spp.) but also occur as a mosaic of multiple communities interspersed with herbaceous patches. Riparian woodland and shrub habitat occurs extensively along the Cache la Poudre River, northeast of the project area. Riparian woodland and shrub habitat is essentially non-existent on the project site due to the extensive aggregate mining and reservoir creation occurring as recently as 10 years ago (Figure 4). The project area is outside of the river floodplain and lacks rivers, streams and other hydrological sources necessary to support this habitat. Only scattered individual trees and patches of trees occur on the project site. The largest tree patch is a white poplar stand near the intersection of E. Horsetooth and Zeigler Road. These trees are non-native, most likely planted by homesteaders, and are starting to show signs of die-back of the tree crowns. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 30 ERO Resources Corporation Figure 4 Extent of Recent Disturbance Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 31 ERO Resources Corporation High Priority Habitat and Big Game In 2021, CPW released a High Priority Habitat (HPH) table that identifies species and habitats as well as recommendations to avoid and minimize impacts on wildlife from land use development (CPW 2021). ERO reviewed data from CPW map databases and determined that two HPH areas overlap the project area including Bald Eagle Active Nest Site HPH and Aquatic Native Species Conservation Waters (ANSCW) HPH (CPW 2021; Figure 3). The Bald Eagle Active Nest Site HPH is addressed in the Waterfowl Concentration Areas The City of Fort Collins NAD provides guidance in its Wildlife Conservation Guidelines (NAD 2017) that can assist in defining a concentration area’s habitat characteristics. These guidelines define concentration areas or key production area as gravel ponds, the Poudre River and the wetlands adjacent to the river. These areas are of particular importance during the spring migrations as ducks and shorebirds frequently use these seasonally flooded wetlands that are rich in food resources. This provides carbohydrates for migration and invertebrates for the formation of protein necessary for egg production for breeding species. Migratory waterbird concentration areas are defined as habitat complexes (several adjacent habitat types close together rather than one specific habitat type) hosting Colorado priority habitat species. These complexes provide food availability, habitat diversity, and sanctuary that are key components for retaining waterbirds during nesting and over winter. No migratory bird concentration areas are identified on the referenced data sources. Additionally, bird surveys conducted in summer 2024 and winter 2025 have identified some waterfowl use of canals, ditches and open water on the property, but the number of individuals and the diversity of species observed does not indicate that the property is a waterfowl or migratory bird concentration area. As described above, the Cache la Poudre River is an extensive riparian corridor. The river corridor combined with wetlands and upland fields that provide nesting and foraging opportunities creates an extensive habitat to support waterbird concentrations. However, much of this waterbird concentration area has already been protected or preserved as natural areas, open space and private conservation easements that extend for North Shields Ponds to Arapahoe Bend (CODEX 2024). The project area is adjacent to the Cache la Poudre River corridor but disconnected and fragmented from the corridor by the permitted sand and gravel mining property and active railroad. Much of the aggregate mine has been restored and is currently used for hay production most of the project area has had insufficient time to develop the habitat components needed for waterbird concentrations. Three ditches and canals traverse the project area which provides narrow ribbons of habitat for waterbirds. Most of these canals will be buffered as defined in the land use code, maintaining the existing ribbons of habitat and contributing to the connectivity and function of the nearby Cache la Poudre River waterbird concentration area. Waterfowl likely nest in the nonnative agricultural croplands near these water sources prior to hay harvesting. Canada geese and mallard ducks with broods were observed in all the canals during the 2024 site visits. Waterfowl species observed during the 2024 site visits included Canada goose (Branta canadensis), mallard (Anas platyrhynchos), and gadwall (Mareca strepera). All canals will be buffered as defined in the Fort Collins land use code, maintaining the existing ribbons of habitat and contributing to connectivity and function of the nearby Cache la Poudre River waterbird concentration area. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 32 ERO Resources Corporation Bald Eagle section above, and the ANSCW HPH is discussed in more detail below. Aquatic Native Species Conservation Waters (ANSCW) Background Aquatic native species are found throughout Colorado wherever water resources are present. They are typically sensitive to changes in water quality factors such as temperature, dissolved oxygen, and turbidity. The health of a water resource can often be evaluated based on the presence or absence of certain aquatic species. A major threat to the aquatic native resources in Colorado is urban development, which leads to consumptive water use and dams, as well as aquatic nuisance species, which often outcompete native species for resources. The Topminnow Natural Area is identified as an ANSCW HPH. Potential Habitat and Recommendations The HPH buffer around pond in the Topminnow Natural Area, south of the project area extends into the southern portion of the project area (CPW 2023); however the Fort Collins Land Use Code wetland buffer does not extend into the project area (Figure 5). Additionally, based on observations during the 2024 site visits, the ANSCW HPH buffer between the pond in the Topminnow Natural Area and the project area has been heavily modified by human activity, including the highly used East Horsetooth Road. As such, ERO believes activities in the project area would not affect the pond in the Topminnow Natural Area as an ANSCW. A Table of natural habitat and features potentially occurring in or near the Project Area is provided in Table 3 in the Summary of Fort Collins Special Habitat Features section below. CPW recommends no surface occupancy or ground disturbance within a 500-foot-buffer of any ANSCW OHWM. The southern boundary of the project area is about 440 feet from the OWHM of the pond in the Topminnow Natural Area, and the additional work buffer of 50-feet around the FCO would prohibit any work within 500 feet of the ANSCW HPH. If any work would be conducted in areas mapped in the ANSCW HPH area, ERO recommends contacting the local CPW district manager requesting concurrence that the proposed project would not likely affect the pond in the Topminnow Natural Area as an ASMW due to the fragmentation of the buffer by Horsetooth Road and the high level of disturbance of the buffer in this area. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 33 ERO Resources Corporation Figure 5. Special Habitat Features and Buffers Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 34 ERO Resources Corporation Other Wildlife The project area is in the overall range of mule deer (Odocoileus hemionus), white-tailed deer (Odocoileus virginianus), mountain lion (Puma concolor), and black bear (Ursus americanus); however, the project area has been substantially modified by human activities over the past decades by agricultural activities, which has degraded the overall wildlife habitat value for big game and other wildlife species. The pond area and ditch corridors in the project area provide some contiguous habitat, water resources, and core wildlife values, such as cover and forage, for various wildlife species, including big game; however, the functionality of these areas has been reduced. Big game species likely use the project area for foraging; however, the riparian corridor along the Cache la Poudre River, north of the project area, provides more optimal habitat. Wildlife may occasionally forage in the project area due to the proximity of these natural habitat features because the project area. However, the area is surrounded by agricultural activities, tertiary roads, I-25, and fairly dense, existing residential development. 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. Wildlife using the project area has likely become adapted to human disturbance due to the proximity nearby development I-25, Horsetooth Road, Zigler Road and other 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 (Canis latrans). Species likely to increase include red fox (Vulpes vulpes), raccoon (Procyon lotor), and house mouse (Mus musculus). 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 is largely undeveloped and surrounded, mainly, by agricultural fields to the north, east, and south and residential development to the west. 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 except for the far southeast corner where views are prohibited due to topographic relief and the adjacent residential developments. Rigden Reservoir is east of the project area and is currently visible from most locations in the project area. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 35 ERO Resources Corporation Summary of Fort Collins Special Habitat Features ERO has summarized special habitat features specified by the City of Fort Collins in Table 3. Natural Habitat and Features Potentially Occurring in or Near the Project AreaSpecial features that were not present in the project area include native plant communities, rare, threatened, or endangered species of wildlife, migratory songbird concentration areas, key nesting areas for grassland birds, fox and coyote dens, mule deer winter concentration areas, and prairie dog colonies. Table 3. Natural Habitat and Features Potentially Occurring in or Near the Project Area Special Feature Present (Y/N) Comment Noxious weeds Y Hairy willowherb (List A), Canada thistle (List B), leafy spurge (List B), musk thistle (List B), Russian olive (List B), common mullein (List C), and field bindweed (List C) JurisdicYonal and nonjurisdicYonal wetlands Y FlaGron Pond – appears to have been constructed in uplands and lacks a downstream surface connecYon to a known WOTUS. As such, ERO believes this feature would be considered nonjurisdicYonal. Rigden Farm OuHall, FCO, Boxelder Ditch, Fossil Creek Reservoir Inlet, and their associated wetlands - appear to have a direct hydrologic surface connecYon to the Cache la Poudre River; therefore, these features would likely be considered jurisdicYonal. Wetland 1 and Wetland 2 - determined to be nonjurisdicYonal WOTUS based on an approved JD from the Corps provided on December 13, 2021, because they are livestock ponds excavated in uplands. Wetland 3 and Wetland 4 - determined to be jurisdicYonal WOTUS based on the approved JD because they discharge into the Fossil Creek Reservoir Inlet canal. Wetland 5 - determined to be nonjurisdicYonal WOTUS based on the approved JD from the Corps provided on December 13, 2021, because it occurs on a hillslope and does not have a surface connecYon to Wetland 3 or Wetland 4 or the Fossil Creek Reservoir Inlet canal. Significant remnants of naYve plant communiYes N PotenYal habitats and known locaYons of rare, threatened, or endangered species of wildlife N Raptor habitat features, including nest sites, communal roost sites, and key concentraYon areas Y One acYve red-tailed hawk nest and two acYve bald eagle nests are mapped within 0.5 miles east of the project area ConcentraYon areas for nesYng and migratory shorebirds and waterfowl Y Migratory Waterbird ConcentraYon Areas around the FlaYron Pond, and along Rigden Farm OuZall, FCO, Boxelder Ditch, Fossil Creek Reservoir Inlet Migratory songbird concentraYon areas N Key nesYng areas for grassland birds N Fox and coyote dens N Mule deer winter concentraYon areas N Prairie dog colonies 1 acre or greater in size N Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 36 ERO Resources Corporation Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 37 ERO Resources Corporation Ecological Functions, Impacts, and Recommendations CLF proposes to develop the project area for residential multi-use which is consistent with such development adjacent to the project area. Section 3.4.1 of the Fort Collins Land Use Code requires buffers of various widths around natural habitats and special features, as shown on Figure 5. However, the project area provides little ecological function due to the separation from the nearest natural area (Redwing Marsh), located more than 2 miles west of the project area, and little vegetation structure. The project area contains some grassland and wetland vegetation communities that provide habitat for wildlife and migratory birds; however, these areas are scattered between agricultural fields that are dominated by nonnative species, and that have been frequently modified over the last 60 years. Therefore, these areas do not provide high-quality wildlife habitat. Additionally, buffers are proposed along most of these features to protect their ecological integrity (Appendix C). Most of the vegetation would be removed from the project area during construction, but trees would be preserved, where possible. As part of the development, small channels or swales and multiple detention facilities would be incorporated into the overall landscape plan to control surface water flows throughout the project area with a final pond in the southeast corner planned to provide final flow control. These drainages and detention ponds offer opportunities to provide habitat for wildlife and to serve as wildlife passages through the project area. Currently, wildlife occasionally use the project area; however, because the project area is predominantly agricultural fields, habitat quality throughout 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. Wetland Mitigation Based on the development plans (Appendix C), the proposed project would potentially impact approximately 0.16 acre of combined impacts on Wetland 1, Wetland 2, and Wetland 5 in the southwestern portion of the project area. As described in the Wetland Functions section of this ESC, the wetlands in the project area are low quality and low functioning due to human modifications and stressors to water source and distribution, water quality, geomorphology, and vegetation composition and structure. Water flow to and in the wetlands is currently supported primarily by managed hydrology in the ditches and from impervious surface and agricultural runoff. Opportunities exist in the project area for wetland mitigation and enhancement to be conducted onsite, including around Flatiron Pond and along the proposed stormwater swales and detention facilities, are Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 38 ERO Resources Corporation present. The project design incorporates Fort Collins Land Use Code wetland and canal buffer recommendations to avoid and minimize adverse impacts to all wetlands to the extent practicable. Wetland impacts that are unavoidable would be largely mitigated with constructed stormwater wetlands for both water quality and wildlife habitat functions. ERO expects that the proposed wetland enhancements would likely result in higher functioning wetlands than those proposed to be impacted because they would be planted with native seed mixes with more diversity than is currently present and would have improved structure by planting native trees and shrubs. References Ackerfield, Jennifer. 2015. Flora of Colorado. First Edition. Fort Worth, Texas: Botanical Research Institute of Texas. Armstrong, D. M., J. P. Fitzgerald, and C. A. Meaney. 2011. Mammals of Colorado, Second Edition. Second. Boulder, Colorado: University Press of Colorado. https://www.bibliovault.org/BV.book.epl?ISBN=9781607320470. Armstrong, David M., Mark E. Bakeman, Norman W. Clippinger, Alison Deans, Martin Margulies, Carron A. Meaney, Clinton Miller, Maureen O’Shea-Stone, Thomas R. Ryon, and Michael Sander. 1997. “Habitat of the Preble’s Meadow Jumping Mouse at Rocky Flats, Colorado.” In Report on Habitat Findings of the Preble’s Meadow Jumping Mouse, edited by Mark E. Bakeman, 18–32. Presented to the U.S. Fish and Wildlife Service and the Colorado Division of Wildlife. Bakeman, Mark E. 1997. “Trapping Survey Results Submitted to the U.S. Fish and Wildlife Service along Coal Creek at U.S. 287.” U.S. Fish and Wildlife Service. Chapman, Shannen S., Glenn E. Griffith, James M. Omernik, Alan B. Price, Jerry Freeouf, and Donald L. Schrupp. 2006. “Ecoregions of Colorado (Color Poster with Map, Descriptive Text, Summary Tables, and Photographs).” Albers equal area projection. Colorado: EPA, USGS. http://www.ecologicalregions.info/data/co/co_front.pdf. Clark, T.W., and M.R. Stromberg. 1987. Mammals in Wyoming. Lawrence, Kansas: University of Kansas, Museum of Natural History. Colorado Department of Transportation. 2011. “Section 240, Protection of Migratory Birds.” https://www.codot.gov/programs/environmental/wildlife/guidelines/BirdspecCDOTbio.pdf/vie w. Colorado Natural Heritage Program. 2024. “Colorado’s Conservation Data Explorer (CODEX).” https://codex.cnhp.colostate.edu/. Colorado Parks and Wildlife. 2015. “Colorado State Wildlife Action Plan.” Conservation Plan. Colorado Parks and Wildlife. https://cpw.state.co.us/aboutus/Pages/StateWildlifeActionPlan.aspx. ———. 2020. “Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors.” https://cpw.state.co.us/Documents/WildlifeSpecies/LivingWithWildlife/Raptor-Buffer- Guidelines.pdf. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 39 ERO Resources Corporation ———. 2021. “CPW Recommendations to Avoid and Minimize Impacts to Wildlife from Land Use Development in Colorado.” ———. 2023. “Wildlife Species Map Application.” Database. Colorado Parks and Wildlife - Wildlife Species Map Application. 2023. https://www.arcgis.com/apps/instant/interactivelegend/index.html?appid=b3e1f4c17e98481c8 5f9683b02e91250. CPW. 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. Environmental Laboratory. 1987. “Corps of Engineers Wetlands Delineation Manual.” Wetlands Research Program Technical Report Y-87-1. Vicksburg, Mississippi: U.S. Army Engineer Waterways Experiment Station. https://www.lrh.usace.army.mil/Portals/38/docs/USACE%2087%20Wetland%20Delineation%20 Manual.pdf. ERO Resources Corporation. 2021a. “Natural Resources Assessment Southwestern Portion of the East Rigden Property Fort Collins, Colorado.” ———. 2021b. “Request for Approved Jurisdictional Determination for the Southwestern Portion of the East Rigden Property in Fort Collins, Larimer County, Colorado.” ———. 2023a. “Avian Management Plan for the East Rigden Property, Fort Collins, Colorado.” ———. 2023b. “Eagle/Raptor Protection Plan for Debris Management - East Rigden Property, Larimer County, CO.” Geluso, Keith, Tony R Mollhagen, Joel M Tigner, and Michael A Bogan. 2005. “Westward Expansion Of The Eastern Pipistrelle (PIPISTRELLUS SUBFLAVUS) In The United States, Including New Records From New Mexico, South Dakota, And Texas.” WESTERN NORTH AMERICAN NATURALIST 65:405–9. Google, Inc. 2024. “Google Earth Pro.” Online database. Google Earth Pro. 2024. https://earth.google.com/web. Nationwide Environmental Title Research, LLC. 2024. “Historical Aerials.” 2024. https://www.historicaerials.com/viewer. Natural Diversity Information Source. 2021. “Natural Diversity Information Source.” Colorado Parks and Wildlife: Colorado Hunting Atlas. 2021. https://ndismaps.nrel.colostate.edu/index.html?app=HuntingAtlas. NatureServe. 2024. “Spiranthes Diluvialis | NatureServe Explorer.” Database. NatureServe Explorer. February 2, 2024. https://explorer.natureserve.org/Taxon/ELEMENT_GLOBAL.2.129296/Spiranthes_diluvialis. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 40 ERO Resources Corporation 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. Trainor, Anne M., Tanya M. Shenk, and Kenneth R. Wilson. 2007. “Microhabitat Characteristics of Preble’s Meadow Jumping Mouse High-Use Areas.” The Journal of Wildlife Management 71 (2): 469–77. https://doi.org/10.2193/2005-555. U.S. Air Force Academy. 2020. “Personal Communication between Brian Mihlbachler (USAFA), Leslie Ellwood (Service), and Clint Henke (ERO).” U.S. Army Corps of Engineers. 2010. “Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Great Plains Region (Version 2.0).” Vicksburg, Mississippi. https://usace.contentdm.oclc.org/utils/getfile/collection/p266001coll1/id/7613. ———. 2020. “National Wetland Plant List, Great Plains.” ———. 2021. “Approved Jurisdictional Determination – Corps File No. NWO-2021- 01991-DEN, East Rigden Property, Fort Collins, CO.” U.S. Department of Agriculture, Natural Resources Conservation Service. 2006. “Land Resource Regions and Major Land Resource Areas of the United States, the Caribbean, and the Pacific Basin.” Agriculture Handbook 296. Washington, D.C: U.S. Department of Agriculture. ———. 2024a. “PLANTS Database.” Database. PLANTS Database. 2024. https://plants.sc.egov.usda.gov/home. ———. 2024b. “Web Soil Survey.” 2024. https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm. U.S. Fish and Wildlife 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 57 (12): 2048–54. ———. 1992b. “Interim Survey Requirements for Ute Ladies’-Tresses Orchid (Spiranthes Diluvialis).” Interim Survey Requirements. https://www.fws.gov/sites/default/files/documents/SPDI_interimSurveyRequirements_1992_re vised%202017.pdf. ———. 2003. “Migratory Bird Permit Memorandum.” https://www.fws.gov/media/mbpm-1-migratory- bird-permit-mbp-memorandum-series. ———. 2009. “Personal Communication between Pete Plage (U.S. Fish and Wildlife Service) and ERO Resources Corporation.” ———. 2019. “Monarch Butterfly Migration.” Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 41 ERO Resources Corporation U.S Fish and Wildlife Service. 2019. “Species Status Assessment Report for the Eastern Black Rail (Laterallus Jamaicensis Jamaicensis).” Species Assessment Version 1.3. https://ecos.fws.gov/ServCat/DownloadFile/186791. U.S. Fish and Wildlife Service. 2024a. “Information for Planning and Consultation (IPaC) Resource List.” 2024. https://ecos.fws.gov/ipac/. Last accessed 10/03/2024 ———. 2024b. “National Wetlands Inventory Wetlands Mapper.” 2024. https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/. U.S. Geological Survey. 2024. “National Hydrography Dataset.” U.S. Department of the Interior, U.S. Geological Survey. https://apps.nationalmap.gov/viewer/. Veilleux, Jacques Pierre, and Sherry L. Veilleux. 2004. “Intra-Annual and Interannual Fidelity to Summer Roost Areas by Female Eastern Pipistrelles, Pipistrellus Subflavus.” The American Midland Naturalist 152 (1): 196–200. Weber, William A., Ronald C. Wittmann, and Linna Weber Müller-Wille. 2012. Colorado Flora: Eastern Slope, Fourth Edition. A Field Guide to the Vascular Plants. University Press of Colorado. White, Gary, and Trey Shenk. 2000. “Relationship of Preble’s Meadow Jumping Mouse Densities to Vegetation Cover.” Colorado Division of Wildlife. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 ERO Resources Corporation Appendix A Photo Log Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 ERO Resources Corporation Appendix B. Commonly Occurring Plant Species in the Project Area Common Name Scientific Name Wetland Indicator Status Noxious Weed List Upland Vegetation Alfalfa Medicago sativa UPL N/A Common sunflower Helianthis annuus FACU N/A Curly dock Rumex crispus FAC N/A Houndstongue hawkweed Hieracium cynoglossoides UPL N/A Kochia Bassia prostrata UPL N/A Rubber rabbitbrush Ericameria nauseosa UPL N/A Smooth brome Bromus inermis UPL N/A Sweetclover Melilotus officinalis FACU N/A Western wheatgrass Pascopyrum smithii FACU N/A Noxious Weeds Canada thistle Cirsium arvense FACU B Common mullein Verbascum thapsus UPL C Field bindweed Convolvulus arvensis UPL C Hairy willowherb Epilobium hirsutum FACW A Leafy spurge Euphorbia esula UPL B Musk thistle Carduus nutans UPL B Russian olive Elaeagnus angustifolia FACU B Wetland Vegetation Narrowleaf cattail Typha angustifolia OBL N/A Oakleaf goosefoot Chenopodium glaucum FAC N/A Reed canarygrass Phalaris arundinacea FACW N/A Saltgrass Distichlis spicata FACW N/A Spotted ladysthumb Persicaria maculosa FACW N/A Trees and Shrubs Sandbar willow Salix exigua FACW N/A White poplar Populus alba UPL N/A *Obligate Wetland [OBL]—Occurs with an estimated 99 percent probability in wetlands. Facultative Wetland [FACW]—Estimated 67 to 99 percent probability of occurrence in wetlands. Facultative [FAC]—Equally likely to occur in wetlands and nonwetlands (34 to 66 percent probability). Facultative Upland [FACU]—67 to 99 percent probability in nonwetlands; 1 to 33 percent in wetlands. Upland [UPL]—>99 percent probability in nonwetlands in this region. Source: Ackerfield 2015; Corps 2020; USDA, NRCS 2024a; Weber et al. 2012. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 ERO Resources Corporation Appendix C Routine Wetland Determination Datasheets Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 ERO Resources Corporation Appendix B Request and Response for Approved Jurisdictional Determination for the Southwestern Portion of the East Rigden Property in Fort Collins, Larimer County Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 ERO Resources Corporation Appendix C Strauss Lake Master Plan Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 ERO Resources Corporation Appendix F Response from the U.S. Fish and Wildlife Service regarding the East Rigden Eagle Protection Plan for Debris Management. Ecological Characterization Study Strauss Lakes Residential Development Fort Collins, Colorado ERO Project #24-115 ERO Resources Corporation 0 2,0001,000 Feet Location 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. Pa t h : C : \ U s e r s \ i s h a r k e y \ D o c u m e n t s \ A r c G I S \ P r o j e c t s \ 2 4 - 1 1 5 \ 2 4 - 1 1 5 F i g u r e s \ 2 4 - 1 1 5 F i g u r e s . a p r x Section 28, T7N, R68W; 6th PM UTM NAD 83: Zone 13N; 498561mE, 4488034mN Longitude 105.016716°W, Latitude 40.543060°N USGS Fort Collins, CO Quadrangle Larimer County, Colorado Prepared for: Cottonwood Land And Farms, LLC File: 24-115 Figures.aprx(IS) April 21, 2025 Figure 1 Vicinity Map Strauss Lakes Residential Development Project Project Area Rigd e n F a r m O u t f a l l Boxe lde r D itc h Fo s s i l C r e e k R e s e r v o i r I n l e t FCO Wetlands consistent with 2021 report DP1 DP2 DP4 DP3 DP5 DP6 DP7 DP9 DP8 P7 P4 P9 P6 P8 P1 P2 P14 P13 P5 P10 P11 P12 P3 Boxelder Ditch Wetland Figure 2 Existing Conditions 0 660330 Feet Image Source: Google Earth©, October 6, 2024 Data Point Photo Point OHWM (5.27 ac) Wetland (2.66 ac) Open Water (6.84 ac) Agricultural Land Non-Native Upland Nonnative Tree Stand Developed Project Area Prepared for:Cottonwood Land And Farms, LLC File: 24-115 Figures.aprx (IS) April 23, 2025 Pa t h : C : \ U s e r s \ i s h a r k e y \ D o c u m e n t s \ A r c G I S \ P r o j e c t s \ 2 4 - 1 1 5 \ 2 4 - 1 1 5 F i g u r e s \ 2 4 - 1 1 5 F i g u r e s . a p r x Strauss Lakes Residential Development Project East Horsetooth Road Rendezvou Trail East P o u d r e T r a i l Figure 3 Raptor Nests and High Priority Habitat 0 650325 FeetImage Source: Google Earth©, October 6, 2024 Active Bald Eagle Nest Alternate Bald Eagle Nest Active Red-tailed Hawk Inactive Red-tailed Hawk Recreational Trail Bald Eagle Nest 660-Foot Buffer Bald Eagle Nest 0.25-Mile Buffer Bald Eagle Nest 0.5-Mile Buffer Bald Eagle Nest Site Modified HPH Project Area Prepared for:Cottonwood Land and Farms, LLC File: 24-115 Figures.aprx (IS) April 23, 2025 Pa t h : C : \ U s e r s \ i s h a r k e y \ D o c u m e n t s \ A r c G I S \ P r o j e c t s \ 2 4 - 1 1 5 \ 2 4 - 1 1 5 F i g u r e s \ 2 4 - 1 1 5 F i g u r e s . a p r x Strauss Lakes Residential Development Project So u th Co un t y R oa d 9 Zi e g le r R oa d East Horsetooth Road Eas t Dr a ke R oad Cache La Poudre River Prepared for: Cottonwood Land and Farms, LLC File: 24-115 Figures.mxd [dlH] April 21, 2025 Figure 4 Extent of Recent Disturbance, Circa 2014 Strauss Lakes Residential Development Project Aerial Image: © Copyright Google Earth Pro 6/19/2014 0 700350 feet Project Area Pa t h : C : \ U s e r s \ i s h a r k e y \ D o c u m e n t s \ A r c G I S \ P r o j e c t s \ 2 4 - 1 1 5 \ 2 4 - 1 1 5 F i g u r e s \ 2 4 - 1 1 5 F i g u r e s . a p r x Rigd e n Far m Ou t f a ll Box eld e r D i tch Pond 1 Fo s si l C re e k R e se r v oi r In l e t FCO Unnamed Ditch 1 Wetlands Boxelder Ditch Wetlands Boxelder Ditch Wetlands Rigdon Reservoir East P o u d r e T r a i l Figure 5 Special Habitat Features and Buffers 0 660330 Feet Image Source: Maxar©, August 19, 2023 Active Bald Eagle Nest Alternate Bald Eagle Nest Active Red-tailed Hawk Inactive Red-tailed Hawk Recreational Trail Wetland (18 ac) Natural Habitat Red-tailed Hawk Nest 0.33-Mile Buffer Bald Eagle Nest 0.25-Mile Buffer Bald Eagle Nest 0.5-Mile Buffer Wetland 50-Foot Buffer Natural Habitat 50-Foot Buffer Prepared for:Cottonwood Land And Farms, LLC File: 24-115 Figures.aprx (IS) April 29, 2025 Pa t h : C : \ U s e r s \ i s h a r k e y \ D o c u m e n t s \ A r c G I S \ P r o j e c t s \ 2 4 - 1 1 5 \ 2 4 - 1 1 5 F i g u r e s \ 2 4 - 1 1 5 F i g u r e s . a p r x Strauss Lakes Residential Development Project