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Home My WebLink About20111614.tiff Christie Peters arm: Bruce Barker nt: Wednesday, May 18, 2011 11:41 AM To: CTB; Kim Ogle Subject: New Condition 2.H. Here is the new language for a new condition 2.H. The plat shall designate an approximately 2 acre tract located at the north side of the Amended USR 1102 which, if its ownership is exchanged with the Town of Firestone,would be included within the area to be mined pursuant to the terms, conditions, and development standards of AmUSR 1102. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 915 10th Street Greeley, CO 80632 (970) 356-4000, ext.4390 Fax: (970) 352-0242 . J .f r Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2011-1614 • AHIA 1 2011-1240 PLOOti Christie Peters som: Bruce Barker nt: Wednesday, May 18, 2011 4:15 PM To: CTB Cc: Kim Ogle Subject: Language for DS#42 42. All there currently and then add: . . . . unless a shorter radius is agreed to between the Colorado Division of Wildlife and the applicant. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 915 10th Street Greeley, CO 80632 (970) 356-4000, ext. 4390 Fax: (970) 352-0242 U i , u confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for e person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 0 1 Esther Gesick ereom: Erik Staub [erikstaub@gmail.com] nt: Thursday, June 23, 2011 10:55 AM To: Esther Gesick Subject: Proposed water skiing and camping park Dear Board of Commissioners, I had never attended a commission meeting before. I observed the massive turnout of a variety of community members who opposed the permit at your last meeting. .The range was from walkers and bikers who frequent the trail, the Supt. of Windsor schools, the Poudre Learning center director, property owners in Pouder Ranch lake, DOW and educators all who spoke. .What was also impressive were hearing from the Water ditch company and the Health Dept. all who also oppose the land use that is proposed. What was very discouraging from my point of view is that the Planning commission strongly advised against this plan and two of the commission disregarded this and two are still undecided in such a clear and factual presentation and overwhelming opposition to this project. Now let's go to the two main developers of this proposal who never countered the opposition's various points and were deceptive and arrogant in their initial dealing with the different government entities: yet two of the commissioners voted for the proposal and two are not sure how they will vote. . .There is clearly a bias and dismissal of the needs of the greater community and once again you would be willing to sacrifice the quality of the educational of the gem that is the Pouder Learning center and the Pouder river trail. . .It is not as if there are multiple similar centers in Weld or other Plains counties. However, there are multiple private boating and camping opportunities in the surrounding areas and also other public II akes and parks which provide boating and camping facilities. . ncerely, rik Staub 3007 Grandview Drive Greeley, Co 80631 • EXHIBIT l ag A011-lat, - pia 3 1 Esther Gesick om: Barbara Kirkmeyer nt: Thursday, June 30, 2011 5:51 PM To: Esther Gesick Subject: Fw: Poudre Trail For the record From: Johnson, Naomi fmailto:Naomi.Johnson@unco.edul Sent: Thursday, June 30, 2011 04:28 PM To: Barbara Kirkmeyer; William Garcia; Sean Conway Subject: Poudre Trail We are frequent users of the Poudre Trail and use most parts of it between Island Grove Park and Windsor. We love to walk our dogs there but do it because of the wildlife we see along the trail. We are of the understanding that the wildlife in the area near the proposed water/boating area will be directly affected. This is unfortunate and we are concerned particularly for the eagles but also for other animals including humans who like to enjoy that area free of traffic and unnaturally noise. Please also consider the recommendation of the Planning Commission vote that the proposal be denied in its current form or(at a minimum) that any that any revision of the proposal go back through the Planning Commission for a full review. Please also allow for an open hearing to allow any and all public testimony. addition, the Poudre Learning Center is a vital part of the Poudre River Trail system. Thousands of children use that enter and it needs to be kept as pristine as possible. I am sure you will make a fair decision but please consider the adverse effects that may result in the future of the area ecology and the enjoyment of the area citizens. Sincerely, Naomi Johnson . /iii Il/f . 7 ///ii.b ii 5knncrMUSic L ibrary (Anivcrsity of Northern Colorado (,reeleg, �.O 80(439 n a om i.10k n son@unco.edu 970-55I-LZiI • t '(I-ia • / 1 Esther Gesick iom: Barbara Kirkmeyer nt: Thursday, June 30, 2011 5:53 PM To: 'edcbear@comcast.net'; Esther Gesick Subject: Re: July 6th vote---Orr property Ms O'Connell Thank you for your comments. We will make them part of the public record. Commissioner Kirkmeyer From: edcbear@comcast.net fmailto:edcbear©comcast.netl Sent: Thursday, June 30, 2011 05:08 PM To: Barbara Kirkmeyer Subject: July 6th vote---Orr property Dear Mrs Kirkmeyer I am writing to voice my opinion regarding the vote you all have coming up on July 6th. I will be out of town and wanted you and other members to know some important issues....being a school nurse the Poudre Learning Center is dear to my heart..I have seen first hand the use of this facility and the thousands of children that enjoy this area every year!! So great for them to get out of the school room in the fresh air and Tearing about the environment. The Learning Center will be damaged in its educational and environmental role. The full educational value for over ten thousand children each year will be disrupted by allowing hunting, power boat use for water skiing and associated noise and parking for 100 cars, as well as, trailer site for fifty campers adjacent to and in view of the Learning Center. Se PLC is the Jewel of the Trail system and has had the support of a wide cross section of thousands of Weld County voters. The trust of supporters of the Learning Center especially the thousands who helped move the Hazelton School and who donated funds time and equipment will be undermined by any poorly implemented growth. The American Bald Eagles that now nest on land just outside of Mr. Orr's proprety are protected by Colorado law(and also by federal law)from encroachments that would disturb them. I beleive there is a penalty, of up to $100,000 for each incident of disturbance of the eagles. Hunting on the property, which would appear unwise, next to the school related activities of the Learning Center, also directly and indirectly jepordizes the eagles. As for boating near eagles, another lake in Colorado(Barr Lake) has eagles on it and the boating on that lake is roped off so that there is no crossing of the half mile limit. The half mile limit would prevent any use of the lakes on Mr. Orr's property from October through July. Please take these thoughts into consideration when voting on July 6th... Thank you for your time... Julie O'Connell RN BSN EXHIBIT Za/--aWv zoo" Esther Gesick om: Barbara Kirkmeyer nt: Thursday, June 30, 2011 5:56 PM To: 'jean.vreeland@hp.com' Cc: Esther Gesick Subject: Re: No permit for camping and waterskiing Ms Vreeland Thank you for your comments. I will ensure they become part of the public record. Commissioner Kirkmeyer From: Vreeland, Jean (CIP-Fort Collins) fmailto:jean.vreeland©ho.comj Sent: Thursday, June 30, 2011 05:43 PM To: Barbara Kirkmeyer Subject: No permit for camping and waterskiing Dear Ms. Kirkmeyer, Please do NOT allow the permit for the combination campsites, and waterskiing on the lake adjacent to the Poudre Learning Center and the Poudre Trail. As a concerned citizen it is important to keep the area around the learning center as natural and noise free as possible, for the wildlife and people hiking and visiting the learning center. Thank you for your consideration of this important issue. There are plenty of places to camp and waterski, we do not need that here. "lest regards, Jean Jean Vreeland HP Storage Media Marcom Project Manager Fort Collins, CO (970)481-8419 EXHIBIT I f-2.C 1 Esther Gesick rom: Jean and Dick Hoffman [dj@ctos.com] nt: Thursday, June 30, 2011 7:12 PM o: Esther Gesick Subject: Hearing on Poudre Learning Centre and Mr Orr's proposal This email is in opposition to the proposed water ski park and camping area in land adjacent to the Poudre Learning Center. We have been at the PLC when buses with school children have been on site, and we've witnessed the volunteers and helpers doing lessons on the enviornment with those children. What a good opportunity for teaching and how proud we are that Weld County can promote such learning! Mr. Orr's proposal is not compatible with the activities at the PLC. Also, the volunteers and those who contributed to setting up that Center should be honored and supported for their efforts in this unique setting for learning. The Weld County Commissioners should support the majority vote of its Planning Commission and deny the permit of Mr. Orr. Jean and Dick Hoffman • EXHIBIT • II FF. nn nyo n Esther Gesick eom: Holly Bea-Weaver [HBWEAVER@ix.netcom.com) nt: Friday, July 01, 2011 4:52 PM To: Esther Gesick Subject: water park near Poudre Learning Center I am writing to once again voice my opinion that the proposed water park that Ed Orr wants to operate near the Poudre Learning Center should not be permitted. Ed Orr has a history of not following the rules, as evidenced by his not permitting the water park to begin with, and by my own personal experience with him as the developer of Poudre River Ranch where I live. He bends the rules (some even he has made! ) to fit his daily whim, he misleads and downright lies. This park will be disruptive to the area wildlife, the eagles and the health of the lake and the surrounding environment. Our children who visit the Poudre Learning Center have a unique opportunity to see our nation' s symbol in the wild--a true gift. Let' s not jeopardize it. Holly Bea-Weaver and Steve Weaver 7705 Poudre River Rd. Greeley, CO 80634 970-353-3030 • • EXHIBIT 1 LL9qi EXHIBIT Esther Gesick H 41 a Sean Conway nt: Saturday, July 02, 2011 7:21 AM To: 'arymurph5@Ipbroadband.net'; Barbara Kirkmeyer; William Garcia; Esther Gesick Subject: Re: opposition to proposed RV Park! Thank you for your comments. I have asked they be made part of the record for Wednesday's hearing. Commissioner Sean Conway. From: Mary Ann Murphy fmailto:arymurph5@lvbroadband.netj Sent: Friday, July 01, 2011 06:49 PM To: Barbara Kirkmeyer; William Garcia; Sean Conway; Esther Gesick Subject: opposition to proposed RV Park! July 1, 2011 TO: Commissioner Barbara Kirkmeyer, Commissioner Bill Garcia, Commissioner Sean Conway Dear Weld County Commissioners, I have been following the events surrounding the proposed recreational vehicle park on land adjacent to the Poudre Learning Center. I am adamantly opposed to this proposed use for the following reasons: 1. The Poudre Learning Center started in 2005 while the adjacent property owner purchased the • property after the PLC came into existence and was well aware of the fact that there is an educational facility next to his property. 2. The proposed use of the property adjacent to the PLC is completely incompatible with the use of the PLC as an educational facility. Students are found studying all spheres of the PLC (biosphere, hydrosphere, geosphere, and atmosphere) and make use of all of the PLC property. If hunting and recreational use of the adjacent property is allowed, then student access to all that the PLC has to offer for study is limited by noise and safety issues. 3. The PLC is one of a very few outdoor educational facilities within a 40 mile radius. The extensive time, energy, and funding provided by hundreds of individuals and businesses for the sole purpose of educating our regional youth will be undermined by the proposed use of the adjacent property. Our modern society and our youth are slowly losing the nature experience as it's being replaced with artificial recreational activities as proposed by the PLC's neighbor. The PLC is specifically designed to provide an outdoor experience to thousands of our youth that is compatible with the natural beauty of our Colorado plains. 4. There is an active eagle's nest directly north of the proposed water facility. Colorado and federal law protects these fabulous predators from likely disturbance during their breeding and nesting season by implementing a half mile radius no-use zone. The proposed boating activities are within that half mile radius and are a most likely source of disturbance for the breeding pair. All necessary precautions should be taken to ensure the continued use of this nest by breeding pairs. The proposed boating site should not be allowed for this reason alone! 5. As a government entity that oversees the proper applications for land use, the commissioners must • require proper filing by all entities for changes to property use. The current owner did not file the proper requests and has used backdoor methods that are underhanded and suspicious! At a very minimum, the owner should follow all procedures and necessary filings with opportunity for public input and proper decision making rather than the sneaky, sly methods currently employed. 6. While I understand the rights of personal property owners, it is a sad commentary that the greater good of our community is being sacrificed for the rights of a very few. The Poudre Learning Center is a • proud Jewel of the Poudre River Corridor with its renewed wetlands, restored native grasslands, and reinvigorated native habitats for a multitude of organisms. RV and boating parks have a place in our community, but not next to this other valuable resource! Thank you for your time and consideration. I encourage you to vote against the proposed recreational vehicle park found on property adjacent to the Poudre Learning Center. Sincerely, MaryAnn Murphy 36250 WCR 49 Eaton, CO 80622 970-454-3010 MaryAnn Murphy arymurph5@Ipbroadband.net • • 2 Esther Gesick atom: Barbara Kirkmeyer nt: Saturday, July 02, 2011 11:17 AM To: 'teri.romshek@weldre4.k12.co.us'; Sean Conway Cc: Esther Gesick Subject: Re: Please help PRESERVE one of our SPECIAL PLACES at the Commissioners' Hearing Ms Romshek Thank you for comments. We will ensure they are added to the public file. Commissioner Kirkmeyer From: Teri Romshek jmailto:teri.romshek@weldre4.k12.co.usj Sent: Saturday, July 02, 2011 07:54 AM To: Barbara Kirkmeyer Cc: Esther Gesick Subject: Please help PRESERVE one of our SPECIAL PLACES at the Commissioners' Hearing Dear Ms. Kirkmeyer, I am writing to ask you to please NOT allow the permit for the combination campsites, and waterskiing on the lake adjacent to the Poudre Learning Center and the Poudre Trail. I am a Weld County teacher and I have been visiting the Poudre Learning center with my 5th grade class for years. It is one of our only field trips we have left under the current budget restraints. My class loves this trip and it so hard for us to believe that this wonderful place could be changed so dramatically by this permit. Iwas immediately evident this year when we arrived and noticed the campers parked by the lake and the buoys already place. But what was more evident was the absence of the water fowl that the year prior to this we spent at least an hour lakeside observing the wide variety of birds that usually land and fish on this lake. The Poudre Learning Center is such a wonderful unique place and that would all change if you vote to allow this permit. It is our kids that would miss out the most. This location is so close but holds so many learning experiences. And with our budgets still not allowing long distance field trips, I am so worried at what this would cost our Weld County kids. Please vote NOT to allow this permit to go through. Sincerely, Teri Romshek Skyview Elementary Windsor, Colorado EXHIBIT • 1 Esther Gesick om: Barbara Kirkmeyer ent: Saturday, July 02, 2011 3:36 PM To: 'rwendellking@comcast.net'; Esther Gesick Subject: Re: Orr permit Dr King Thank you for your comments. I will ensure they become part of the public record. Comm. Kirkmeyer From: rwendellking@comcast.net fmailto:rwendellkincacomcast.netl Sent: Saturday, July 02, 2011 03:33 PM To: Barbara Kirkmeyer Subject: Orr permit Dear Chairperson Kirkmeyer: I'm writing as a retired Greeley citizen who sometimes volunteers at the Poudre Learning Center. I've seen first hand the wonderful educational work for a lot of Greeley school children that goes on there, and I'm fearful of the commercialization planned for the adjoining property. For several years, the Poudre Learning Center has been a good steward for the land it occupies and its staff conscientious educators on behalf of the land and the outdoor laboratory it provides for Greeley students. It has ained many Weld county supporters, both individuals and businesses and become an important community gpstitution. I really urge you to consider denying the permit application for such uses next door that would severely limit the PLC's mission and success. If you do not want to accept the Planning Commission's vote of denial of the proposal, I would urge that any revision be done by the Planning Commission and with full public testimony. Please consider the negative impact on the environment, on education, and on community-wide feelings that approving the permit would cause. Thanks for your consideration. Dr. Robert W. King 1309 40th Ave. Greeley,CO 80634 EXHIBIT • I 77 1 Esther Gesick om: Mommamissi1@aol.com nt: Sunday, July 03, 2011 2:07 PM To: Esther Gesick Subject: (no subject) Please do not let Ed Orr's project go into my neighborhood. I have 9 grandchildren and they love to play by the Learning Center as I live over looking the Poudre Trail. I do not want the traffic and risk of being shot at near them. Ed doesn't live in this area anymore. He now lives in Windsor. Let him put it in his neighborhood. Sincerely, Marilynn and Wayne Harrison • • EXHIBIT gat 1 Esther Gesick om: Barbara Kirkmeyer nt: Monday, July 04, 2011 5:57 AM To: 'nbishop@eaton.k12.co.us' Cc: Esther Gesick Subject: Re: Proposed Permit for Jim Roth Recreational Facility Ms Bishop Thank you for your comments. I will ensure they are included in the public record. Commissioner Kirkmeyer From: NICOLE BISHOP fmailto:nbishop@eaton.k12.co.usl Sent: Saturday, July 02, 2011 09:24 PM To: Barbara Kirkmeyer Subject: Proposed Permit for Jim Roth Recreational Facility Dear Commisioncr Barbara Kirkmeyer, At 10:00am on July 6th, there is a hearing to determine the fate of the property owned by Mr. On whom is seeking a land use permit for recreational activities including hunting and boating. Because this property is directly adjacent to the Poudre Learning Center, I would like to express my views towards allowing permission for this permit. As a teacher who frequently visits the Poudre Learning Center with my Eaton Middle School students, as well •with fellow educators for educational development opportunities offered year-round by the PLC, I highly encourage you to vote against the proposed permit. There are two main reasons which I would like to share. First of all, the PLC offers an amazing and unique learning experience for students in the front range area (not just Greeley). I have been going to the PLC since it began its educational efforts. Within the past 6 years, the PLC staff have worked hard to maintain the native plants and animals that reside there. It is used by many public visitors who bike, walk, or run in the area as well. Students are able to use the land (which is one that includes several different ecosystems in a somewhat contained area) for conducting field experiments and collecting real scientific data. These activities are difficult to do with budget cuts and limited resources as of lately, and allowing the adjacent property to increase its hunting and boating activities would jeopardize this learning opportunity. As a hunter myself, 1 am appalled that people would want to hunt within such a short area of school children, some of which are of the kindergarten age. Although I am sure all hunters on the property will practice the ultimate of safety, in the heat of the moment it is not difficult to lose sight of your surroundings in hopes of landing your prize. Please help protect our students and promote their learning opportunities by voting against the proposed permit. The children of Weld County and the front range area deserve a natural place to learn and experience actual science, one of the most needed disciplines in today's technological world. My second reason for being opposed to the proposed permit is the fact that proposed property is located within a range of a 1 mile radius of a bald eagle's nest. As our national symbol and highly protected species, there are many suggested practices for caring for these birds, including the suggested of remaining a minimum of 0.5 miles from the nest. Barr Lake also has eagles on it, and in an effort to help protect the eagles, boating on that lake is roped off so that there is no crossing of the half mile limit. So there is NO boating within a half mile of eagles. The half mile limit would prevent any use of the lakes on Mr. Orr's property from October through uly. EXHIBIT 1 I As a fellow republican, I know that you will vote with the safety and interest of those in Weld County (adults and children alike). Consider the future of students and the possible educational experiences that your vote •gainst the permit will allow for many years to come. Thank you for your time, Nicole Bishop nbishop@eaton.k12.co.us 970-454-5236 • • 2 Esther Gesick om: Ruth Firestien [Ruth.Firestien@BracewellFarm.com] ent: Monday, July 04, 2011 7:19 PM To: Esther Gesick Subject: USR-1778 Attachments: Weld Commissioners 110704.pdf Esther, Please find attached a letter to the Commissioners regarding USR-1778. Please include this in the case file for their review. Thank you! Sincerely, Ruth Firestien • • EXHIBIT I _MIL • July 4, 2011 To the Weld County Commissioners Barbara Kirkmeyer Doug Rademacher Bill Garcia Dave Long Sean Conway RE: USR 1778 I hope by now you have all been to the Poudre Learning Center and the area around it. If you have been there you have seen the wonderful place that has been created by so many people, for so many people to enjoy and what a learning opportunity it creates. It is a great place to visit and a wonderful place for "city kids", and adults to see a bit of the country and wildlife. If you have visited you can understand why we are so concerned about keeping this area as a peaceful place for people to walk the Poudre trail without fear of being hit by a bullet or having to be blasted with loud music. This is an especially great place for education, not only for kids but also for the teachers from UNC that come out every year to learn so they can take the things they learned at the • PLC back to their class room—and maybe even take their class on a field trip to spend a day at the center. One of the people at the previous meeting stated that they don't turn up their music—I live about a mile to the north east and I have heard the music many times—so it must be very loud where they are. Is this something you would like to listen to while you are walking the trail or would you rather have a quiet, peaceful walk and listen to the birds and the river flowing along?? There have been nearly 800 people that signed the petition opposing this idea, these are citizens that you represent, and have voted for you—please listen to them and make the right decision. PLEASE DON'T LET ONE SELFISH MAN RUIN THIS AREAff!IIU PLEASE VOTE NO ON USR-1778. Sincerely, Ruth Firestien 30953 WCR 27 Greeley, CO • Esther Gesick enom: Judy Firestien [Judy.Firestien@BracewellFarm.com] t: Monday, July 04, 2011 10:53 PM To: Esther Gesick Subject: USR-1778 Attachments: Letter to Commissioners 110704.pdf Esther, Please find attached a letter to the Weld County Commissioners regarding USR-1778. Please include this in the case file for their review. Thank you! Judy Firestien • EXHIBIT M • July 4, 2011 Via email to: Weld County Commissioners Barbara Kirkmeyer Doug Rademacher Bill Garcia Dave Long Sean Conway Re: USR-1778 I am writing to express my concern over the potential approval of USR 1778 which would allow motor boating, water skiing and camping adjacent to the Poudre River Trail, the Poudre Learning Center, and the nesting bald eagles. As Commissioners, you have already heard many comments on this proposal. The message communicated is that residents feel the community assets should be protected and preserved for everyone to enjoy. The Poudre River Trail, the Poudre Learning Center, and the nesting bald eagles are all unique and special assets of the Weld County community. This private facility is not compatible with the already established, community oriented Poudre Learning Center. Rather than rehash some of the complaints I know you've already heard, how about looking at this proposal from more of an economic viewpoint? Why not leave this natural area along the Poudre • River as it is? Have you considered limiting development in this area and promoting the open space as one of the unique assets located in Weld County? Why not encourage others to visit the PLC and the Poudre Trail in order to attract new residents to Weld County? The use of the Poudre Trail and the PLC by tourists and viewing of the eagles by bird watchers will potentially contribute more to the local economy than a private boating facility. Groups who use the PLC for a meeting center would certainly prefer to see the natural landscape rather than a scenic view cluttered with campers and motor boats. Will tourists return to use the trail if they are shot at by hunters or their peaceful experience disturbed by loud motor boats? No, they'll go to Fort Collins and make use of their trail system and spend money at Larimer County restaurants and shops. With all the budget shortages, Greeley and Weld County need all the tax paying residents and visitors possible. The landowner and lessee will surely profit from the approval of this proposal. How will Weld County gain from this private facility? The long term implications of this proposal should also be considered. Weld County still stands to gain a great deal from the further development of the Poudre Learning Center and the expansion of the Poudre River Trail. I know you are aware the Northern Colorado Cultural Tourism Alliance is working right now to increase tourism in Northern Colorado. The Poudre Learning Center is included in the strategic plan and the Alliance highlights the Poudre River Trail and the Cache la Poudre River National Heritage Area as "featured sites". A recent study shows 20,000 people use the Poudre River trails each year. Many events and activities are still to be held here and with a strategic tourism plan being developed many more tourists and dollars will flow into the area. This private boating facility is • poised to destroy the growth of the PLC and impede the use and expansion of the trail, which would in turn reduce potential income to the County and City. • The Weld County Planning Commission denied this proposal. Nearly 800 people have voiced their concern and opposition to this proposal. Please listen to these citizens from the communities of Greeley and Windsor. PLEASE DO NOT APPROVE USR-1778. Thank you for your time and attention. Sincerely, Judy Firestien 30951 County Road 27 Greeley, CO 80631 • • Esther Gesick firm: Barbara Kirkmeyer nt: Tuesday, July 05, 2011 8:41 AM To: 'CYKEESIS@greeleyschools.org' Cc: Esther Gesick Subject: Re: Ms Keesis Thank you for your comments. I will ensure they become part of the public record Commissioner Kirkmeyer Original Message From: CINDY KEESIS (mailto:CYKEESIS(dgreelevschools.orgj Sent: Tuesday, July 05, 2011 08:33 AM To: Barbara Kirkmeyer Cc: Esther Gesick Subject: Hello Ms Kirkmeyer, I am sending you this e-mail with regard to a request for a permit to allow combination campsites and waterskiing on a property adjacent to the Poudre Learning center just west of 83rd Ave. As a long time Weld resident and teacher in the Greeley School district, I cannot tell you how much the Learning Center and the Poudre Trail have meant to me and my students. The Learning Center in particular provides an opportunity for students to enjoy and appreciate the natural environment that they live in, and have a place that they can go to learn and do research about nature. One of the highlights of any student's visit to •e site it the opportunity to watch the bald eagles and view through binoculars the activity their nest. It is a good chance that if the use at the adjacent lake were allowed to increase as proposed, that the birds would abandon the area and we would lose this learning gem for our students.What message is this sending to our students with regard to how we value the natural resources in our county? Larimer County, our neighbor, has many sites set aside as natural areas, but this is not the case in Weld. Please protect this one, important asset for environmental studies that we have, and vote against allowing the permit to be granted! Cindy Keesis STEM Magnet Coordinator Science Department Chair Northridge High School 0 EXHIBIT 1O0 1 Esther Gesick glom: Barbara Kirkmeyer nt: Tuesday, July 05, 2011 8:42 AM To: 'marsi.liddell@aims.edu' Cc: Esther Gesick Subject: Re: Water park Marsi: Thank you for your comments. I will ensure they become part of the public record Barb From: Marsi Liddell Jmailto:marsi.liddell@aims.edul Sent: Tuesday, July 05, 2011 07:23 AM To: Barbara Kirkmeyer Subject: Water park Dear Commissioner Kirkmeyer, I am one of the growing number of people asking you to reconsider the addition of a water park and recreation area. While certainly commendable from a recreation standpoint I think it would ruin the environmental zone. Dr. Marilynn 'Marsi' Liddell President, Aims Community College PO Box 69 Greeley, CO 80632 0.339.6210 ax)970.330.5705 marsi.liddell@aims.edu • EXHIBIT I - 1 Esther Gesick om: Barbara Kirkmeyer ent: Tuesday, July 05, 2011 9:55 AM To: 'kgfentiman@comcast.net' Cc: Esther Gesick Subject: Re: water ski, etc. Dear Mr. Fentiman Thank you for your comments. I will make sure they become part of the public record. Commissioner Kirkmeyer From: kgfentiman@comcast.net fmailto:kgfentiman@comcast.nett Sent: Tuesday, July 05, 2011 09:41 AM To: Barbara Kirkmeyer Cc: Esther Gesick Subject: water ski, etc. July 5, 2011 Commissioner Kirkmeyer Tomorrow's decision is a very important one concerning the PLC and tranquility of that entire area. I am concerned with all aspects of the proposal but the one that seems most stunning is the proposal hunting. Everyone who rides the trail, all of the school children who enjoy learning about the wildlife ruly appreciate this fine gift along the Poudre. If hunting were to be allowed, the wildlife would soon be gone forever. Not just the eagles, but all forms. I have no idea how a person would justify this activity in this setting. What we have now is a tranquil, peaceful environment in which to facilitate the PLC activities and the enjoyment of riding the trail. The water skiing and campsites would devastate that environment. I am very afraid we would wind up with a year-round mobile home park. This has been a great thing for the entire Greeley area for years now and I truly hope it will continue to be for many years to come. I would like to encourage you to vote to DEFEAT this proposal. Thank you. Respectfully Gary Fentiman MOW • I Qa 1 Esther Gesick aom: Barbara Kirkmeyer nt: Tuesday, July 05, 2011 9:53 AM To: 'mark.r.larson.b7b1 @statefarm.com' Cc: Esther Gesick Subject: Re: Boating/Camping Permit Mr Larson Thank you for your comments. I will ensure they become part of the public record Commissioner Kirkmeyer From: Mark R Larson fmailto:mark.r.larson.b7b1@statefarm.coml Sent: Tuesday, July 05, 2011 08:57 AM To: Barbara Kirkmeyer Subject: Boating/Camping Permit Dear Barbara, I am writing to let you know that I am against issuing a permit to Mr. Orr that would allow boating, camping and hunting on that section of the Poudre River. I am a hard nosed Republican. I am also a hunter, a fisherman and a boater. I am also a Rotarian who put a lot of effort into the Poudre Learning Center. My experience tells me that this use would effect the property rights of all of those living in and using the area . I believe in property owners rights,for all landowners, not just someone trying to develope a single property. I think Mr. Orr's intentions are good but I also think the other side of the argument is more compelling. I would respectfully ask you to vote against this permit. Iespectfully, Mark Larson • EXHIBIT 1 22 1 Esther Gesick om: tbirdh@comcast.net ent: Tuesday, July 05, 2011 12:39 PM To: Sean Conway; William Garcia Cc: Esther Gesick Subject: USR 1778 Dear Commissioners Conway and Garcia, I'm writing to ask you to please, once again, vote "NO" on USR 1778. It just comes down to the right and wrong of it. There is just too much evidence between the Central Water Conservancy District, the Division of Wildlife, and the Poudre Learning Center, not-to-mention the testimony of local individual residents, that allowing this permit is very detrimental to that area. As you know, the Poudre Learning Center was established in 2005 while Ed Orr did not buy the land until 2007. Allowing this permit negatively impacts the area and is very incompatible with the already established use of this wonderful area. Who's going to control the amount of cars, boats, waterskiing, campers, and inspection of the boats? Who's going to supervise the trash and human waste removal? Why "trash" these 2 gems, the PLC and the Poudre Trail? They're such positive advertising for Weld County. When I'm out there I meet people from Denver and surrounding areas of northern Colorado who come to see the Eagle nest and Eaglets. Then while they're there, they comment on what a great dace the Poudre Learning Center is and how much they enjoy the Poudre Trail. Again, please continue to do the "right thing" and continue to vote "NO" on USR 1778. Thank-you for your time, Terry Hunter Concerned Weld County Resident C-970-371-0188 • EXHIBIT 1 Esther Gesick om: Barbara Kirkmeyer ent: Tuesday, July 05, 2011 2:26 PM To: ik—switz@yahoo.com' Cc: Esther Gesick Subject: Re: USR 1778 - proposed private ski/RV park Dear Ms. Switzer: Thank you for your comments. I will ensure they become part of the public record. Commissioner Kirkmeyer From: K Switzer fmailto:k switz@yahoo.coml Sent: Tuesday, July 05, 2011 02:03 PM To: Barbara Kirkmeyer Subject: USR 1778 - proposed private ski/RV park Dear Chairperson Kirkmeyer: Thank you for your consideration to this planning proposal in Weld County. I am a citizen of Greeley and a retired teacher who has great interest in the Poudre Learning Center and the value of this property. I was one of the many citizens who donated time and money to the development of the Poudre Trail and the Learning Center. As a former teacher of American Government, I also am interested in our governing processes. I believe that the proposal as it stands would diminish the educational goals and programs that the Poudre Learning Center provides. I believe that the zoning change would be detrimental to our county and the common good. I am fully aware of the property rights of each side. I am also aware that zoning regulations and certain restrictions are in place for the benefit of the health and welfare of our community and of course, the Poudre River habitat and trail system . As it stands, I request that you vote against as property use proposal. anks again for you service to our city and county. Kathryn Switzer Retired Government teacher, Weld Dist. 6 Methods Instructor, University of Northern Colorado EXHIBIT • I arZ 1 Esther Gesick fik om: Barbara Kirkmeyer nt: Tuesday, July 05, 2011 2:27 PM To: 'tbirdh@comcast.net' Cc: Esther Gesick Subject: Re: USR 1778 Dear Terry Thank you for your comments. I will ensure they become part of the public record. Commissioner Kirkmeyer From: tbirdh@comcast.net jmailto:tbirdh@comcast.netl Sent: Tuesday, July 05, 2011 12:13 PM To: Barbara Kirkmeyer Cc: Esther Gesick Subject: USR 1778 Dear Commissioner Kirkmeyer, Tomorrow, please vote to NOT allow the USR 1778 PERMIT. It just comes down to the right and wrong of it. There is just too much evidence between the Central Water Conservancy District, the Division of Wildlife and the Poudre Learning Center that allowing this permit will have a tremendous negative impact on the land, water, air, wildlife, Poudre Learning Center and Poudre Trail. mpsites with campers, powerboats, waterskiing and the noise, water and air pollution, trash, and ewage issues that come with these are incompatible with the already established use of this area. The Poudre Learning Center was established in 2005, but Ed Orr did not buy this property until 2007. The PLC and the Poudre Trail are such positive draws to our area bringing people from all over the County and the state to enjoy these gems. I've personally met people from Denver and northern Colorado who've come to view our Eagles and have been very impressed with the natural beauty of the PLC land and Trail. It's great advertising for Weld County. Again, please vote "NO"! Thank-you for your time, Terry Hunter Concerned Weld County Resident C-970-371-0188 • EXHIBIT 1 Esther Gesick "glom: Barbara Kirkmeyer IIWrit: Tuesday, July 05, 2011 2:28 PM To: 'lori.ozzello@gmail.com' Cc: Esther Gesick Subject: Re: Please do not support waterskiing, camp permit near PLC Dear Ms. Ozzello Thank you for your comments. I will ensure they become part of the public record. Commissioner Kirkmeyer From: Lori Ozzello fmailto:lori.ozzello@gmail.coml Sent: Tuesday, July 05, 2011 10:31 AM To: Barbara Kirkmeyer Cc: Esther Gesick Subject: Please do not support waterskiing, camp permit near PLC July 5,2011 Dear Commissioner Kirkrneyer, Please deny the request tor a ramping and boating permit oil the lakes near the PIN(ire Learning Celitc Allowing the permit anti suit boning the a tivdies will destroy an important tvirutunental and ednrational mission many Weld County r esidenls have worked •fades It)achieve. My guess is that you're getting hundreds id letters and uty qualilir.luuns,.dung with the interest I have in the Pout!'e Learning Center.may be Id little cunt ern III you. I understand and appreciate the time and dedicauun you put in to local governing and hope you will consider the concerns id the(renter's supporters betore tasting your vole July rt_ Sincerely. Lori Ozzello III wore I vv 1 Esther Gesick om: Tarah Johnson [tarah@orrland.com] ent: Tuesday, July 05, 2011 3:05 PM To: Esther Gesick Subject: USR 1778 Attachments: 20110705142303055 (2).pdf; 20110705142250972.pdf Attached is the USFWS Bald Eagle Conservation recommendations and published articles related to Eagle setbacks. -Ed Orr&Jim Roth Tarah Leigh Johnson-Office Manager Orr Land Company&Orr Energy LLC 1813 61st Ave, Suite 200 Greeley,CO 80634 Ph 970.351.8777 Fx 970.351.7851 tarah@onland.coin www.OrrLand.com I W EXH• IB� 1 Bald Eagle Home Bald Eagle Conservation Measures About Bald Eagles and Their Recovery Measures to Avoid Disturbing Nesting Bald Eagles Numbers of Bald Eagles During Recreational Activities None of these activities will disturb eagles if conducted during the non-nesting season. In Bald Eagle Conservation the upper Midwest (Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Laws that Protect Bald Wisconsin) the nesting season is generally from late January through late July and the non-nesting season is from August through mid-January. The following measures only Eagles pertain to the nesting season. Eagle Permits See the Bald Eagle Natural History and Sensitivity to Human Activity document for Places to See Eagles and additional information. Eagle Images Non-motorized recreation and human entry (including hiking, camping,fishing, Archives: Proposed and hunting, canoeing) Final Rules to Delist If you walk, bike, canoe, camp, fish, or hunt near an eagle nest during the breeding season and your activity will be visible or can be heard from the nest Links for More Information stay at least 330 feet (100 meters) from the nest. •dwest Region None of these activities near a nest, would disturb the eagles if the activity Endangered Species cannot be seen or heard from the nest. Midwest Migratory Birds Off-road vehicle use (including snowmobiles) If you use off-road vehicles (and this includes snowmobiles) near a bald eagle nest during the nesting season stay at least 330 feet (100 meters) from the nest. In open areas, where there is increased visibility and exposure to noise, stay at least 660 feet (200 meters) from the nest. Motorized watercraft use (including jet skis/personal watercraft) If you use motorized boats or jet skis near an eagle nest during the breeding season, to avoid disturbing the eagles and their young: (1) Do not operate jet skis (personal watercraft) or airboats within 330 feet (100 meters) of the nest, (2) Avoid concentrations of noisy vessels (e.g. commercial fishing boats and tour boats) within 330 feet (100 meters) of the nest, except where eagles have demonstrated tolerance for such activity, and (3) For all motorized boat traffic within 330 feet (100 meters) of the nest, minimize trips and avoid stopping in the area, particularly where eagles are unaccustomed to boat traffic. • SC A M M ! R C t CITY ENTINEL EXPRES S ald Eagle pair nesting at Barr Lake State Park By The Staff Wednesday, March 30, 2011 at 2:03 pm BRIGHTON — Once again, the nesting pair of bald eagles at Barr Lake State Park have begun the incubation period of future eaglets. If all goes well, the eaglets should hatch around mid-April. A pair of bald eagles has attended a nest in the wildlife refuge since 1986. During that time, eagles • 1, have survived severe storms, the loss of nesting trees, and several changes of mates. As of 2010, the Barr Lake bald eagle pair had fledged 40 young from eight different nests. _. Each year, since 1988, volunteers from the Rocky Mountain Bird Observatory's Bald Eagle Watch have anxiously awaited the signs of hatching eaglets in early spring. Typically, one or two eaglets hatch. If all goes well, the juveniles will fly from the nest in late June and remain in the area with their parents most of the summer. "It's the second-oldest nest on the Front Range and one of the oldest nests in state that we're is i aware of," said David Klute, the Colorado Division of Wildlife's statewide bird coordinator. Bald eagles are seldom seen far from water - large rivers, lakes and seacoasts. In Colorado, they • • ' t'" are often found near reservoirs, such as Barr Lake, and along major rivers such as the South Platte, Photo by John Cxr Arkansas, Rio Grande, Yampa and Colorado. During the breeding season bald eagles defend Bald eagles, like this one territories and most frequently can be found nesting in large cottonwood trees. pictured at Prairie Center The best viewing of the eagle nest is from the gazebo, a 1 .3-mile walk south of the Barr Lake earlier this year, are a common Nature Center into the wildlife refuge. The nest is approximately a quarter mile from the gazebo and is sight in Brighton. New eaglets easily seen with binoculars. The Nature Center loans binoculars and features a display about eagles. will likely hatch at Barr Lake in The Barr Lake Nature Center is open Wednesday through Saturday, 9 a.m. to 4 p.m. , and Sunday April. between 11 a.m. and 4 p.m. Starting March 27, the Nature Center will be open seven days a week from 9 a.m. to 4 p.m. Visitors can purchase park passes and registrations at the Nature Center. Retail purchases at the center support educational programs at Barr Lake because a portion of the proceeds from sales comes back to the park. 3 The first bald eagle nests were discovered in Colorado in the mid-1970s. Populations have since consistently increased and more than eagle nests are known in the state. Colorado also supports significant numbers of wintering bald eagles. Typically, between 400 and ,000 bald eagles can be found over-wintering throughout the state, offering birders cold-season viewing opportunities. Attracting more than 12 million visitors per year, Colorado's 42 State Parks are a vital cornerstone of Colorado's economy and quality of life. Colorado State Parks encompass 224,447 land and water acres, offering some of the best outdoor recreation destinations in the state. Colorado State Parks is a leader in providing opportunities for outdoor recreation, protecting the state's favorite landscapes, teaching generations about nature and partnering with communities. Colorado State Parks also manage more than 4,300 campsites, and 63 cabins and yurts. For more information on Colorado State Parks or to purchase an annual pass online, visit www.parks.state.co.us. • C o;o ra d o Recent CO Condition Lozr,y.�i-i F rs H E►x • L 0 • E •osiii . C o M Usr PutSlgn up Updates Antoro Reservoir 07 05 11 - ) ` Jackson Lake Fort Morgan Colorado -Jackson Lake sports good fishing for trout and wiper Trout usually ',- Caner Lako 07.05 11 ..' concentrate in the inlet area and wiper action can be groat at limos in the spnng ( Green Mountain 07.05 11 Lake Skipper: Jackson Ranger. 8adrish II Reservoir (sty r Gross Reservoir 07.05.11 Pelia Crossing 07.05 11 r..�` - Skaguay Reservoir 07.05.11 Switch State Taylor Park Reservoir 07 05 11 Report Lake Conditions Viewing: Colorado • Turquoise Lake 07.05 11 View lakes needing updates . Go to Lake... Lake Update River Update Get FxR• Fish Species Field Editors Skippers Store Go to River... • Lake Map River Map Fishing Forum Slogs Articles Calendar News Home BioSonics Tnp Journal Jackson Lake Hide Campgrounds Hide Boat Ramps Near Far Morgan Help w/conditions: Sua'ni: an uptatc My Fish Log - - -- Lake Activity Graph :atcr to r„:-t r:cr c: condiiloaa... �_--. Sonar Status: 06.21.11 Monitoring River ACLVItyGraph WatcrTmp: 07.03.11 Go: Level: 07.03.11 Free Account - - --_ _.. Systems Go: FxR- Subsc ipucn Sport Fish Species: Black Crappie. Bluegdl, Channel Compare Accounts Catfish. Common Carp, Freshwater Drum. Hybnd Striped Bass(wiper, sunshine. palmetto), Largemouth Bass (La; in for tuff species I:stm; ) ^ Automated 1st Annual 75% OFF DENVER SEAFOOD! R'ck , & No-Mo Tournament HUGE DEALS EVERYDAY ON THE BEST IN DENVEJ Scientific Union Reserver � • °I "'rt.' Urban Dealight Losrig nont, Colorado • Ar . . _� ......„, 'It July 30th 2011 mil► �, y I- • w ` el b/a�. Jac ison Lime - Count and Track Y s Stine Park n Map data O2011 Googie - Fish In 3-D SEE TODAY'S DEAL»> I I.l.anr.'silnfl M... �'• This lake sponsor spot a ava.iaa:c p a Sn Googk Ma. Tope Map '-.. „nr; _,, lt.r;.r=:r Minter Photos: l•ing Articles 1- •'- 'IlastINip iwvwvblosonicsmc corn Gen Fishing ArticlesFishing Articles Si, �i *r��- 1 '' .. .°411..,..:,:-, g - — — - ---� �~' ice Fishing Articles e.. . :,^c;; Trolling Articles Jackson Lake 1 View all Managing Agency: Surface Acres: Capacity AF: Elcv: Colorado State Parks 2700 35629 AF 4438' go to Jackson Lake Official Webslte Chicago Does this lake need information updated? Let us knew. Fishing Jackson Lake State Park attracts many visitors in northeastern Colorado. The reservoir is popular for boating. Charters water-skiing. get•skiing camping. and highly acclaimed beaches Jackson Lake is a big attraction during hunting Salmon. Trout & season with its terrific waterfowl hunting. There are many campsites around the lake with access to the swim Perch Rates beach and picnic spots. There is plenty of wildlife throughout the park and you may see bald eagles perched in starting at the cottonwoods along the bank or soaring overhead S250.00 No Fish, No Pay www eni)uongortlornnq The lake has become well-known for its wiper and trout populations, which are the primary attraction for many anglers. Walleye is another species that CDOW has been stocking on a regular basis that anglers can expect to encounter. While not high on many anglers' list, the carp fishery is doing well and offers great sport for fish pushing 30 inches in the spring. Catfish also are known to reach respectable size. Black bass. crappie, and sunfish do exist in very limited numbers, as the sandy, gradually sloping lake bottom does not provide the habitat to develop good numbers. Getting there: From U.S. 34/1-76 interchange, take Colorado Highway 39 north for 7.25 miles through Goodrich. then go west on Y5 (follow the paved road) for 2.5 miles. Fees: Colorado State Parks Pass Daily - S7 Annual - S70 Boating: All Boats Allowed. Boating opens March 18, 2011. The ANS inspection station will be open from 9:00 a.m. to 5:00 p.m.. Monday through Friday and 8'00 a.m. to 6 • p.m. on Saturday and Sunday. Special Regulations: Fishing prohibited in lake at State Park or SWA. Nov. 1-last day of regular waterfowl season Bank fishing permitted from dam and State Park boat ramp until Nov. 30. Minimum size limit for walleye and saugeye is 15 inches long Only 1 walleye or saugeye in the aggregate longer than 21 inches can be taken per day. Minimum size limit for wipers is 15 inches long. Ice Fishing: Ice fishing allowed Habpy flows a bout animals • Good Animal News Home I About I Contact Free Screensaver Entrieo (RSS) Comments (RS5) Catcccries Bald eagle resurgence is a boon for 4 doremarle's anteater (1i conservationists Etsy Shot Bat (1) Author: Dora ' Filed under: bird Bear (8) beaver (1) Bald eagle populations plummeted in the mio•20th Century, the result of mass poisoning Bird (207) by DDT, and long-term effects of human predation, harassment and development. butterfly (1) Today, the resurgence of the Pacific Northwest bald eagle population rewards efforts of camel (2) conservationists. doramarle's Pocket Snop Cat & Kitten (300) is currently empty chicken (4) "From a biological standpoint, they ir are not an endangered species anymore, the are dick here to visit their enough individuals for the population to maintain The population needs a good Etsy shop or subscribe to chimpanzee (1) distribution to sustain,' said Frank Isaacs, a senior faculty research assistant at Oregon their hoop feed to see Chinchilla (8) 9 when they Us, new State University who works with the Oregon Cooperative Fish and Wildlife Research Unit Products Chipmunk (1) at the Department of Fisheries and Wildlife. He said bald eagles are highly adaptable, but Cow (19) prefer forested areas with mature trees, for habitat, which provide adequate platforms crow (1) for nests and some security from the elements. Such sites, not currently supporting resident bald eagles, are soil found along Oregon's north and central coast. pat a wic0,. deer (2) A study tracking nesting populations of bald eagles was initiated in 1978, and Isaacs Dog & Puppy (456) began work on the project in 1979. At that time, approximately 100 known nesting pairs Dolphin (42) of bald eagles remained in Oregon. Today the number of known nesting pairs in Oregon * tluck (9) tpprooches 500. 1XX:1MS r� FOSTER :rw'SMMI T7 1' eagle (1) Less protection for habitat will be the most dramatic consequence of delisting the specie: DnFostorSmltlacom Elephant (40) from the Endangered Species Act, said Isaacs, noting part of success during this Tho trusted name elk (1) resurgence has been concerted habitat protection. He said Oregon's undeveloped public in pet supplies! rye (1) lands will, In theory, enable the population. Bald eagle resurgence is the result of ferret (10) protection measures, including banning use of the pesticide DOT in the late 60s, coupled with the momentum of population growth. Isaacs said, while suitable habitat remains, fish (2} and en the absence of new poisons, It Is likely the bald eagle will continue to thrive. DOG fox (2) "They're very plastic In their ability to use different habitats and eat different kinds of SUPPLIES frog (1) food and put up with different human activities " goat (3) SHOP HOW • goose (2) Current generations haven't been harassed or hunted by humans, as preceding Guinea Pig (47) generations had been. "The birth we follow nowadays seem to be a lot more tolerant of FREE SHIPPING human activity than the birds were 25 years ago,"said Isaacs, "and I think that's Hamster (30) III because of generational changes in both people and eagles. They are used to human ON ORDERS HEDGEHOG (5) activity. and are much more apt to net in proximity to nlMlan activity" $49 AND OVER! Horse & Pony (131) insects (2) In addition to resident nesters, Isaacs explained, "Oregon is a kind of crossroads, or Jerboa (1) mixing grounds, for eagles moving up and down the western flyways: the Pacific and the inter-mountain flyways,- said Isaacs. "And birds from far north come South Into Oregon fire Koala (4) during the winter. And birds from the south, such as southern California and Arizona, !; leopard (2) come north into Oregon after their nesting season.' x' Lion (3) lizard (1) Isaacs said the first bird book written for Oregon was completed In the late 1800s, "and Monkey (15) there is a mention in there of 10 pairs of bald eagles around Yaquina Bay. Today we know of about five or so. If that late 1800s report is an indication of the population of Mouse (15) eagles before the country was settled, then we may still see an increase in eagle Odd (25) numbers in that area.' r ORCA (1) otter (5) Common murres t owl (3) r parrot (6) David Pitkin, wildlife biologist with the Oregon Coast National Wildlife Refuges Complex, a division of the United States Fish and Wildlife Service, said the resurgence of bald t Penguin (7) eagles le taxing populations of common murres on the north and central Oregon coasts, Pets & Animals (210) with several effect Pigeon (1) 41 •-ir . Pigs (4) Every year the FWS surreys a subset Of seabird colonies, with the entire seabird porcupine (1) population on the Oregon coast counted only ponodically, In 1988 a full count showed Rabbit (146) more than 400,000 nesting murres supported on Oregon's north and central coast colonies. Currently, a full count is being compiled for 2006. Though the data has not Rat (9) been quantified, Pitkin said, "we know there have been major effects by bald eagles. Our reindeer (1) assumption is, there will be a lot fewer than 400,000 murres, in these colones, after Review (1) were arc through counting? sea cow (2) sheep (1) Pitkin explained, when an eagle goes out to a seabird colony, three things can happen, and sometimes all three: sloth (3) squirrel (5) • Direct take of seabirds on a colony; whereby an eagle seizes a murre, or two, and Tiger (32) takes them away to eat somewhere else; turkey (2) turtoise (4) • Secondary predation of seabird colonies by gulls, ravens and crows, which come in Whales (4) after an eagle scatters seabirds, leaving eggs and nestlings exposed; and wild feline (3) Wolf (12) • Complete abandonment of seabird colonies caused by eagles habitually perching within traditional seabird colony sites This perching behavior is especially characteristic of young, usually non-breeding eagles. (An example of a rock abandoned by common Archives murres is Gull Rock, off Otter Crest). June 2011 Bald eagles started to hunt common murres on Gull Rock, oft Otter Crest, in the mid•90s May 2011 • - and have had several effects. At the time the bald eagle predation began, IS to 30 April 2011 thousand common murres nested on Colony Rock, approximately 5 miles south of Gull March 2011 Rock, off Yaquina Head. Since the mid-905, the numbers of common murres on Colony Rock have increased, and this year mere than 70,000 common murres attempted to February 2011 breed there. Pitkin said it .s believed the increase represents common murres which January 2011 abandoned Gull Rock. December 20I0 "Colony Rock may be the densest murre colony In the world now," said Pitkin, "When a November 2010 murre comes into Colony Rock now, usually It has to land on top of other murres, and October 2010 filter down to the rock Like standing in a crowded elevator there might be up to 50 September 2010 murres per souare meter on trot rock? On the margins Brandt's cormorants. a bigger . .. .. ♦i....,•• )min Should Eagle Nest Locations Be Disclosed? Our local Bald Eagle nest has attracted much attention. On weekends, there may be a dozen or more people watching the alt. Many are serious birders and nature photographers. Others may have seen accounts in the media, but an increasing ber are casual passers-by who simply are wondering why so many people are looking up into the trees. They stare in amazement through spotting scopes and borrowed binoculars at the breathtaking views of our living, breathing National Symbol. They return with family members and neighbors. From other nest-watchers they learn of the unique status of this pair of Bald Eagles, whose nest is the first active one to be recorded in Broward County in nearly a half century. The Florida Natural Areas Inventory (FNAI), administered by Florida State University, builds and maintains a comprehensive database of the biological resources of Florida, using a ranking system developed by The Nature Conservancy and the Natural Heritage Program Network. The FNAI measures and evaluates the threats posed to each vulnerable species, based on its status in Florida. The FNAI classifies the Bald Eagle as "demonstrably secure" statewide, but vulnerable to extinction in some restricted local areas of Florida. The Florida FWC publishes the location of all active Bald Eagle nests in the state. As a rule, specific information about the location of the nests of rare or threatened bird species should not be shared with unauthorized individuals. Raptor nests are especially sensitive for several reasons. Raptors have historically been persecuted in the belief that they killed domestic livestock and poultry. Some early bird books classified various species as "good" or "bad," and some hawks were often regarded as belonging in the latter category because they killed chickens and the "good" birds that ate insect pests. In Alaska and parts of the northwest United States, Bald Eagles were shot because fishermen accused them of causing a decrease in salmon. As late as 1953, the Territory of Alaska paid a bounty of fifty cents to two dollars for each pair of eagle feet, and bounty hunting became an important part of the economy. Over 128,000 eagles were killed between 1917 and 1953, when the territorial legislature removed the bounty after it found no evidence that the eagles contributed to the decline of salmon. (Read more at http://www.sheldonmuseum.org/chilkatbaldeaglepreserve.htni) Most raptors are large, and make attractive targets for shooters. Before passage of Migratory Bird Treaty Act of 1918 and other protective legislation, it was not uncommon for hawks to be gunned down by the hundreds for "sport" along ridges during migration. (See A Guide to the Laws and Treaties of the United States for Protecting Migratory Birds ). This practice continues in parts of Latin America. Espite these laws and severe penalties, poachers still shoot hawks and eagles. Although now most falconers use captive- d birds, some still may illegaly take the young of raptors. Publicizing the location of raptor nests may encourage such it activities. In the case of the Pembroke Pines eagles, was it bad for the media to publicly disclose the nest site? Of course, the answer is unknown, as the birds have not finished their nesting cycle. In fact, they are now entering a critical period as the two eaglets gain strength and, within a couple of weeks, will begin walking out on the branches of the nest tree. By late March their parents will start bringing them less food, and even make them scramble or make short flights to be fed. They will lose body weight, making it easier for them to become airborne. Yet, if startled by an unusual disturbance before they are ready to fly freely, they may fall to the ground and face almost certain injury or death. In fact, up to half of newly fledged eagles are said to perish within days of leaving the nest. A multitude of onlookers does create a disturbance. Research has shown that other bird species show stress if humans stare directly at them, rather than giving sideways glances, or if humans walk towards them instead of approaching tangentially or indirectly. While these experiments were done with prey species, and not predators like the eagle, there is no reason to assume that eagles react any differently. In fact, the visual acuity of eagles is about four times greater than that of humans. We have seen both adults and chicks stare back intently as we look at them through binoculars or photograph them. Perhaps they are not expressing fear, but they are clearly aware of our presence. Children may create a disturbance by running and playing nearer to the nest while others are watching. Vehicles and observers who stay inside vehicles, dress in somber colors, or move about less seem to attract less attention. The fact that the eagles nested successfully last year at the present site, only 205 feet from the edge of busy Pines Boulevard, indicates that the birds have developed a degree of tolerance for human activities. Only last week, we observed an eagle roosting quiety in the melaleuca snags to the west of the nest, while excavation with heavy machinery was being carried out only about 100 feet away. Many times, we noted that the sirens of emergency vehicles appeared not to change their behavior. The study by the Middle School students attempts to quantify the relationship between traffic density and proximity of the eagles to the nest. Potentially, public awareness of the active Bald Eagle nest may have some positive effects. These magnificent birds, seen at such close range, open a window to the natural world for all who stop to look. Many were unaware of threats to the eagles, ch as pesticides and habitat loss, and of the laws that protect them. Greater public knowledge and appreciation of the s may lead citizens to support actions by the local government to increase their protection. http://www.rosyfinch.com/BaldEagleNest2.htm1 Christie Peters .... . n m: Kim Ogle nt: Wednesday, July 06, 2011 7:52 AM To: Christie Peters; Esther Gesick Cc: Mary Evett; Heidi Hansen Subject: FW: USR 1778 Presentation Materials Attachments: Sequence 01.wmv; Andy pdf.pdf; IMG_0219.JPG Good morning, This electronic mail was received from Roth/Orr for the hearing Kim Ogle Planner III Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.353.6100 x 3549 Office: 970.353.6100 x 3540 Facsimile:970.304.6498 ISIti 10i EI:a CPUNTV Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tarah Johnson fmailto:tarah(alorrland.coml Sent: Tuesday, July 05, 2011 3:06 PM To: Kim Ogle Cc: JJJCR0THOMSN.00M; Kristine Ranslem Subject: USR 1778 Presentation Materials Kim: Attached are presentation materials for USR 1778. I am assuming that through this email, we will be able retrieve this information in the Commission hearing. On June 22,we met with Mark Leslie and Brandon Mueller of the Colorado Division of Wildlife regarding USR 1778. Since that meeting Mark Leslie has indicated that he may be providing correspondence regarding this Eagle pair and their level of adaption. At this time, the Division of Wildlife is unwilling to change their decade-old recommendations and are diluctant to make recommendations on a case by case basis. As of this date, we have not received the correspondence has indicated he would provide. On June 22, we met with Randy Ray of Central Colorado Water Conservancy District as well as Ray Tschillard of the Poudre Learning Center.We offered to plant a hedge along the Eastern boundary of our property screening our use 1 from theirs.The root systems from this hedge would also serve to protect the shoreline from erosion addressing one of Central's objections. I have spoke with both parties since and as of this date, they have not indicated whether this will be acceptable to them or not. In our meeting they raised no new objections beyond those raised in the last hearing. -Ed Orr&Jim Roth Tarah Leigh Johnson-Office Manager Orr Land Company&Orr Energy LLC 1813 61st Ave, Suite 200 Greeley,CO 80634 Ph 970.351.8777 Fx 970.351.7851 tarah@orrland.com www.OrrLand.com • • 2 l i .\-- 4. . is• • may ~ e: . / .. ;y{' p " It �� -' +• I l) ..a.' ti it . 14 I7 • i..:4• r riL 4 I ' .i .6 • . - i � i 1 (11 444.4 ' 44i l i ms • „ 420.. ..)/ _4::.44,:h itirb:. * ,• , . .4 It ' I. t r. ,. iv ;$1 I bl' -. i r- r /60stsos ti i 4 0 II ',.4.•e ...;..:4% ,)4, .S f� .�. t * 'or 'L t •I% I•lb •I' et \cak-r *--• �: \ tj S'S 11,, Vito , :. ' l.. . t c A _ . 't.ti It it 4 ' '..; 114 1 %..- 1 4 k•iir il i .• Nisi _ .#4 • ., .,• 4...... ••••••...a.._ ails- 0‘ I • • 1.• • 0 i, 4 , , .1 J t A •b 4; t,k • 411- f y . . tr T! R ' •Il II ) _ , .__,_ 1 ,I 4 i • t •:\ ii. • fp . -,. , . , . 1,4:11 i , }.4•: I r';* iir *.4041 r it •� . . • . • ''. • . s • t t ..D. . :). . '`, 'r 11, is:-4 La K - I: ..d. . I P. ,:Li itt, \ o. .:-, 4 . if ' at 1 I w' 4 . •1 . , 4, ., i c , j .0, . /� � 1 �� Clic lb• 14 fr . 1 t i 1 II lA� -f .:•-• 1. 1 _ - �� "IIIII ( • It 1 ` Y` •. • k - /T .:-.• s: : le . , 7 ..- . 04 ta 4 I . ;kit lilitlAG o0.0 to:• r I f. 1 y s r'' y� = 1` .. ��. L l ;�� • — -,4 • S • • • • • • • >1. • • • SEE ORIGINAL FILE • CD VIDEO OF THE EAGLES • Esther Gesick flom: Tom Selders [tomselders@gmailcorn] on behalf of Tom Selders [tom@selders.org] nt: Tuesday, July 05, 2011 2:25 PM To: Esther Gesick Subject: USR-1778 For Weld County Commissioners: I urge you to follow your planning commission recommendation and vote for denial of USR-1778. I spent some time looking through your comprehensive plan and found the following that I believe are appropriate to the issue: 23-2-110.A.3 - compatibility issues - were sited by Planning Commission members A.Goal8 Ensure adequate services and facilities A.Goal9 Reduce potential conflicts between varying land uses R.Goal3 Consider the compatibility with surrounding land uses USR-1778 would create major compatibility issues and conflicts between varying land uses 22-1-1-20E Changes should be to protect private property owners and the public health, safety, and welfare. USR-1778 would create changes that would not protect the private property owners of adjacent properties and would not protect the public health, safety, and welfare. 0-2-30 Municipal referrals. Both Greeley and Windsor expressed concerns Article IV Environmental Resources, "Condition of the environment has been of increasing concern..." Four principles are cited in this article. Two of those are: 22-4-60 "noise" and 22-5-30 "wildlife goals". Passage of USR-1778 would create noise and wildlife issues which are in conflict with the principles of Article IV Finally, I would again remind you of the comment that I made at your May 18 public hearing regarding my real life experience with gunshot activity on and adjacent to the county road that is adjacent to the site. My safety was endangered as has been the safety of others who have been in the vicinity. Yes, the Colorado Division of Wildlife has jurisdiction in hunting matters, but the County Commissioners have an overall responsibility of insuring the safety of the residents of the County. Please vote for denial. Thomas E. Selders 1357 43rd Avenue, #55 Greeley, CO 80634 970-396-1624 t Esther Gesick om: Hoyt, William [William.Hoyt@unco.edu] ent: Tuesday, July 05, 2011 4:31 PM To: Barbara Kirkmeyer Cc: Esther Gesick Subject: USR 1778 Concerns Dear Commissioner Chair Kirkmeyer and Deputy Clerk Gesick- Regarding USR 1178 scheduled for a permitting hearing July 6, 2011, I have serious concerns about the damage that would be caused to the Poudre Learning Center and the Central Colorado Water Conservancy District operations if the permit were to be approved. I am sure you have heard considerable comment on this matter from a wide cross-section of Weld County citizens; I wish to represent the considerable interests that students and faculty at the University of Northern Colorado have in maintaining the Poudre Learning Center as a teacher training and internship partner. In order for our students to receive training on how to take field science excursions with K-12 students, they must have inexpensive and proximal access to K-12 students in the field. The Poudre Learning Center is the ONLY place that meets our needs. Everywhere else with access to K-12 students is too expensive or too far away to be of use to us. Each year we take approximately 400 UNC students in Biology and Earth Sciences to train at or near the Poudre Learning Center— almost all of those students are in teacher licensure programs for elementary or secondary certification in the State of Colorado. This is one of the major roles for UNC in this County and in this State, and we take it seriously. Anything that threatens the viability of the Poudre Learning Center operations in support of UNC's teacher-training program would be a serious setback to our very positive outcomes for many, many students in this region. The strong •mmunity partnerships in support of educational opportunities should not be sacrificed to the fleeting interests of owner-operators whose records may best be described as "not neighborly". I have been here in Weld County for 30 years now and still feel that being a good neighbor is highly valued here. I also think that approving USR 1778 would directly work against that value. Thank you for your consideration. Sincerely, William H. Hoyt, Ph D Professor of Oceanography Earth Sciences Teacher Education Faculty Graduate Faculty University of Northern Colorado Campus Box 100 Ross Hall,3235 B Greeley,CO 80639 Office: 970-351-2487 Cell: 970-978-9951 www.unco.edu UNIVERSITY./ NORTHERN COLORADO "`9 • DOMR yy 1 Esther Gesick om: Lisa Evans - Plug in to Nature [Iisa.evans08@comcast.net] ent: Tuesday, July 05, 2011 7:13 PM To: Barbara Kirkmeyer Cc: Esther Gesick Subject: Commercial hunting, boating and camping adjacent to the Poudre Learning Center Dear Ms. Kirkmeyer, I urge you to follow the Weld County Planning Commission's recommendation and deny the proposal for commercial hunting, boating and camping adjacent to the Poudre Learning Center. Those uses are incompatible with the incredible opportunities for school children in Weld County that the PLC offers. It is truly a unique place. To have a site which ten thousand students use every year; which is supported by 4 school districts; and which is so close to Greeley is truly a situation that should not be ruined. The PLC has a history of providing high quality educational experiences for so many school children—please don't allow that to be negatively impacted. Please deny this proposal as the Planning Commission recommends—it is totally incompatible with surrounding uses. Sincerely, Lisa Evans • • 1 Esther Gesick om: LaRue Johnson [shamba@lamar.colostate.eduj ent: Tuesday, July 05, 2011 9:05 PM To: Barbara Kirkmeyer Cc: Esther Gesick Subject: Hearing on USR 1778. Dear Commissioner Kirkmeyer, Not being able to attend tomorrow's hearing, I must express my very strong opposition to this permit application. Mr. Orr has a track record of developing this residential area, The Poudre River Ranch and touting the natural beauty including wildlife. For extreme example, the natural area north of our development. Mr Orr donated the land for this natural area, waited till all the parcels were developed and then let us know that since he owns the mineral rights, there will be oil and gas development (currently 2 wells) and an access road down the middle of the "natural area". Now comes this additional add on abuse proposal that will further adversely affect our peace and quiet. All of us in the vicinity of the proposed water park have marveled at the waterfowl and eagles that frequent the airways following the Poudre River valley often visible by walkers on the Poudre River Trail. The traffic, roar of speed boats and increased human invasion is bound to produce a deleterious effect. We are all impressed and proud of the Learning Center and adjacent environs that is serving countless visitors of all ages and meeting the intended purpose. Why would anyone give serious consideration to this proposal when considering the assured negative impact on nature, ucation and quality of life. Mr Orr has made enough profit from his developments in the area and ould leave the natural beauty and wildlife as he touted it in his development plans. Very Seriously, LaRue W. Johnson DVM, PhD 7205 Poudre River Rd. #5 Greeley, CO 80634 • EXHIBIT I AAA Esther Gesick cm: Barbara Kirkmeyer ent: Tuesday, July 05, 2011 9:57 PM To: 'erikstaub@gmail.com' Cc: Esther Gesick Subject: Re: Planned Boating and Water ski park Mr Staub: Thank you for your comments. I will ensure they are made part of the public record. Commissioner Kirkmeyer Original Message From: Erik Staub fmailto:erikstaub('gmail.comj Sent: Tuesday, July 05, 2011 05:25 PM To: Barbara Kirkmeyer Subject: Planned Boating and Water ski park Good afternoon, I am writing to you to express my concerns about the proposed boating and camping permit. I attended the last commission meeting and was amazed at the diversity of users of that area and the passion and uniqueness of the bke path and Pouder Learning center. I came to hear the issue because I am a frequent walker and biker on that section of the Poudre river trail. . What surprised me the most was the across the board opposition to the proposal and the arrogance and flaunting of the rules by Mr. Orr. .Not only was he dishonest and sneaky but the Planning board was igrongly opposed as was the Health Dept. and the Water company and the Pouder Learning center d DOW and property owners at the Pouder ranch. It is clear to me that the needs of the boaters and campers could easily be met by other private opportunities and public areas in Weld and Larimer county but that this rare and unique area would be compromised and lose some of its solitude and specialness. .I urge you to join the other two commissioners and reject this proposal. . Sincerely, Erik Staub 3007 Grandview Drive Greeley, Colorado 80631 • EXHIBIT 1 Esther Gesick om: Barbara Kirkmeyer ent: Wednesday, July 06, 2011 6:20 AM To: Esther Gesick Subject: Fw: USR 1778 as a community issue that requires your wisdom as an elected official. EXHIBIT From: joyce ackerman jmailto:ioviceackerman@comcast.neg I CdV Sent: Tuesday, July 05, 2011 10:29 PM v To: Barbara Kirkmeyer Cc: joyce ackerman <ioviceackerman@comcast.net> Subject: USR 1778 as a community issue that requires your wisdom as an elected official. Dear Commissioner Kirkmeyer: We write to you concerning USR 1778 and your campaign pledge from 2008 published in the Greeley Tribune. In the column " In my own words" published on August 8, 2008 you wrote "As your Republican candidate, I am for less government; efficient use of your tax dollars; protection of private property rights; well-planned, thoughtful growth; an excellent county lifrad and transportation system; and the preservation of our agricultural heritage". Within USR 1778 we have a conflict betweeen the property rights of two parties- of Mr. Orr and of the Poudre Learning Center, which is not supported by tax revenue. The PLC as you know is Mr. Orr's eastern neighbor. The property rights of these two parties cannot be easily separated because the four lakes, three on Mr. Orr's property and the Learning lake on the PLC are interconnected as you have heard the CCWCD testify. You also raised the issue of mining in this area and the eagles and it should be important for you to know that the mining operations in this area do not operate within the half mile limit of the eagles set by CDOW during the nesting period of October to July consistent with Colorado law protecting eagles. This law was passed by the bipartisan action of the Colorado Senate in 2008 with only one nay vote. The Weld County community has invested thousands of hours by thousands of voters in the Poudre Learning Center and the Poudre trail. You will hear tomorrow how this investment is really being jeopardized by Mr. Orr's plans current plans. We are asking that you support the property rights of both parties, that you deny e permit and direct Mr. Orr back to the planning commission when he develops a l'Idetter plan than he will present tomorrow. What he has done so far, is as good as an example you will find,of what is essentially, a plan that fails to meet the standard you set of "well planned thoughtful growth" that you were elected on. 1 We count on you for your wisdom and experience as both an elected official and as Wcommunity advocate in the hearing tomorrow. The action we request, to make is a well planned process, would not be " more government" , but a case of opposing interests, both with legitimate concerns, both with merit, that must rely on the wisdom of our elected officials and the well planned processes that you have endorsed. Thank you for your consideration and hard work on this matter. Dr.Alan Ackerman and Dr Joyce Ackerman Poudre River Ranch Community Greeley CO 2 Esther Gesick om: Barbara Kirkmeyer ent: Wednesday, July 06, 2011 6:42 AM To: linohara@comcast.net'; Esther Gesick Subject: Re: water park Thank you for your comments. I will ensure they become part of the public record. Commissioner Kirkmeyer Original Message From: lin ohara jmailto:linohara@comcast.netl Sent: Monday, July 04, 2011 02:39 PM To: Barbara Kirkmeyer Subject: water park Dear Ms. Kirkmeyer, I am not in favor of the water park for many reasons. In doing the old Ben Franklin list the number one is the negative effect on the surrounding areas from the traffic, parking, people etc. The lake would be dangerous for boating and skiing because of its small size. Who will maintain the area and will it be maintained? Will it become just another drinking and party area? Do we already have enough lakes in use in the area? I am all in favor of progress if it benefits the greater good. . . .will this do that? illappreciate your thoughtfulness on this project. Thank you, Lin and Gene O'Hara 802 54th avenue Ct. Greeley, Co. 80634 970 356 5380 • EXHIBIT I bDD 1 Elizabeth Strong From: Bruce Barker Sent: Wednesday, July 06, 2011 10:45 AM To: Elizabeth Strong Subject: FW: Attachments: CDOW Raptor Buffer Guidelines 02_2008.pdf Elizabeth: Could you print this e-mail and the attachment and bring this down to the hearing? Thanks! Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 915 10th Street Greeley, CO 80632 (970) 356-4000, ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kim Ogle Sent: Wednesday, July 06, 2011 10:40 AM To: Bruce Barker Subject: FW: Bruce The CDOW provided additional information as to setbacks See page 2. The Quarter mile setback is referenced. Thanks! Kim EXHIBIT Kim Ogle I E ):117 1C--6r•-• �J1 ) : 1 77'� L?/�—/e/' Planner Ill Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.353.6100 x 3549 Office: 970.353.6100 x 3540 Facsimile:970.304.6498 W El`q»!C QU NTY u Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Leslie, Mark fmailto:Mark.Leslie@state.co.usl Sent: Wednesday, July 06, 2011 8:56 AM To: jjjcroth@msn.com Cc: Kim Ogle; Muller, Brandon Subject: Jim, I wanted to follow up on our conversation the other day regarding the Division's recommendations for raptor buffer zones. As I mentioned we are going to adhere to our statewide recommendations regarding buffers for nesting eagles, however as stated in the raptor guidelines, there is some variability among individual nesting birds for tolerance to disturbance. Please let me know if you have any questions. Thanks, Mark Leslie. 2 qr, ok OF RECOMMENDED BUFFER ZONES AND SEASONAL RESTRICTIONS FOR COLORADO RAPTORS Tolerance limits to disturbance vary among as well as within raptor species. As a general rule, Ferruginous Hawks and Golden Eagles respond to human activities at greater distances than do Ospreys and America Kestrels. Some individuals within a species also habituate and tolerate human activity at a proximity that would cause the majority of the group to abandon their nests. Other individuals become sensitized to repeated encroachment and react at greater distances. The tolerance of a particular pair may change when a mate is replaced with a less tolerant individual and this may cause the pair to react to activities that were previously ignored. Responses will also vary depending upon the reproductive stage. Although the level of stress is the same, the pair may be more secretive during egg laying and incubation and more demonstrative when the chicks hatch. The term "disturbance" is ambiguous and experts disagree on what actually constitutes a disturbance. Reactions may be as subtle as elevated pulse rate or as obvious as vigorous defense or abandonment. Impacts of disturbance may not be immediately evident. A pair of raptors may respond to human intrusion by defending the nest, but well after the disturbance has passed, the male may remain in the vicinity for protection rather than forage to feed the nestlings. Golden eagles rarely defend their nests, but merely fly a half mile or more away and perch and watch. Chilling and over heating of eggs or chicks and starvation of nestlings can result from human activities that appeared not to have caused an immediate response. A `holistic' approach is recommended when protecting raptor habitats. While it is important for land managers to focus on protecting nest sites, equal attention should focus on defining important foraging areas that support the pair's nesting effort. Hunting habitats of many raptor species are extensive and may necessitate interagency cooperation to assure the continued nest occupancy. Unfortunately, basic knowledge of habitat use is lacking and may require documentation through telemetry investigations or intensive observation. Telemetry is expensive and may be disruptive so a more practical approach is to assume that current open space is important and should be protected. Although there are exceptions, the buffer areas and seasonal restrictions suggested here reflect an informed opinion that if implemented, should assure that the majority of individuals within a species will continue to occupy the area. Additional factors, such as intervening terrain, vegetation screens, and the cumulative impacts of activities should be considered. These guidelines were originally developed by CDOW raptor biologist Gerald R. Craig (retired) in December 2002. To provide additional clarity in guidance, incorporate new information, and update the conservation status of some species, the guidelines were revised in January 2008. Further revisions of this document may become necessary as additional information becomes available. RECOMMENDED BUFFER ZONES AND SEASONAL RESTRICTIONS BALD EAGLE Nest Site: No surface occupancy (beyond that which historically occurred in the area; see `Definitions' below) within '''A mile radius of active nests (see `Definitions' below). Seasonal restriction to human encroachment (see `Definitions' below) within % mile radius of active nests from October 15 through July 31. This closure is more extensive than the National Bald Eagle Management Guidelines (USFWS 2007) due to the generally open habitat used by Colorado's nesting bald eagles. Winter Night Roost: No human encroachment from November 15 through March 15 within ''A mile radius of an active winter night roost(see `Definitions' below) if there is no direct line of sight between the roost and the encroachment activities. No human encroachment from November 15 through March 15 within 'A mile radius of an active winter night roost if there is a direct line of sight between the roost and the encroachment activities. If periodic visits (such as oil well maintenance work) are required within the buffer zone after development, activity should be restricted to the period between 1000 and 1400 hours from November 15 to March 15. Hunting Perch: Diurnal hunting perches (see `Definitions' below) associated with important foraging areas should also be protected from human encroachment. Preferred perches may be at varying distances from human encroachment and buffer areas will vary. Consult the Colorado Division of Wildlife for recommendations for specific hunting perches. GOLDEN EAGLE Nest Site: No surface occupancy (beyond that which historically occurred in the area) within 'A mile radius of active nests. Seasonal restriction to human encroachment within '/ mile radius of active nests from December 15 through July 15. OSPREY Nest Site: No surface occupancy (beyond that which historically occurred in the area) within 'A mile radius of active nests. Seasonal restriction to human encroachment within '''A mile radius of active nests from April 1 through August 31. Some osprey populations have habituated and are tolerant to human activity in the immediate vicinity of their nests. FERRUGINOUS HAWK Nest Site: No surface occupancy (beyond that which historically occurred in the area) within ''A mile radius of active nests. Seasonal restriction to human encroachment within % mile radius of active nests from February 1 through July 15. This species is especially prone to nest abandonment during incubation if disturbed. RED-TAILED HAWK Nest Site: No surface occupancy (beyond that which historically occurred in the area) within 1/3 mile radius of active nests. Seasonal restriction to human encroachment within 1/3 mile radius of active nests from February 15 through July 15. Some members of this species have adapted to urbanization and may tolerate human habitation to within 200 yards of their nest. Development that encroaches on rural sites is likely to cause abandonment. SWAINSON'S HAWK Nest Site: No surface occupancy (beyond that which historically occurred in the area) within ''A mile radius of active nests. Seasonal restriction to human encroachment within 'A mile radius of active nests from April 1 through July 15. Some members of this species have adapted to urbanization and may tolerate human habitation to within 100 yards of their nest. PEREGRINE FALCON Nest Site: No surface occupancy (beyond that which historically occurred in the area) within 1/2 mile radius of active nests. Seasonal restriction to human encroachment within 'h mile of the nest cliff(s) from March 15 to July 31. Due to propensity to relocate nest sites, sometimes up to 1/2 mile along cliff faces, it is more appropriate to designate 'Nesting Areas' that encompass the cliff system and a Yz mile buffer around the cliff complex. PRAIRIE FALCON Nest Site: No surface occupancy (beyond that which historically occurred in the area) within 1/2 mile radius of active nests. Seasonal restriction to human encroachment within Yz mile radius of active nests from March 15 through July 15. NORTHERN GOSHAWK No surface occupancy (beyond that which historically occurred in the area) within 'h mile radius of active nests. Seasonal restriction to human encroachment within ''/z mile radius of active nests from March 1 through September 15. BURROWING OWL Nest Site: No human encroachment within 150 feet of the nest site from March 15 through October 31. Although Burrowing Owls may not be actively nesting during this entire period, they may be present at burrows up to a month before egg laying and several months after young have fledged. Therefore it is recommended that efforts to eradicate prairie dogs or destroy abandoned towns not occur between March 15 and October 31 when owls may be present. Because nesting Burrowing Owls may not be easily visible, it is recommended that targeted surveys be implemented to determine if burrows are occupied. More detailed recommendations are available in a document entitled "Recommended Survey Protocol and Actions to Protect Nesting Burrowing Owls" which is available from the Colorado Division of Wildlife z fl YF �wll 211 s • 0 j tii • a, O4 0 07 yam',05 a t CD , < ', ,az. a Kik to:, " ':4: iii,:,., :',..,'"':,,.. ..-;);; ...., , i ._ art T 7 �� • c Ott: a) L. hK m < 'U y� _ m ,„ f'" irv3t t � bYggyt' 3 F c O • erv: {pi • UI N V N 2 {� s�,i Y f i ' w' . O LL. • - Nt t' =2-". NIA. 7Ya IF 'ILL- . a Hw� Y4 y,. Mz x...: E .V C YH? 1 Ya .r A. 4 o T CD 0 Co 0 O o 2 'eenc f 0 N L_ m .' <3." d 7 ac) = c 0 m ac) a) 0 ac) 0 a`) a) ac) ac) CO 0 E s m L E o f o f cT) E coi E o f o f (Ti E o f E C L E L C L Cr C L C L Cr Cr C L Cr .C .C m O 3 C 3 o MU to m o m o m o m o to to 0 a m m at a m a m a m a m a m a m m m 0 S o H m H o = 2 = o = 2 = 2 = 2 = 2 = 2 = 0 2 C $ o o ° n cc cc o c o c o cc o c o cc o c o 0 C O w` O C O C M 0 w 0 w Oct O w O w O w O w Ott co , CD O O W a) a) d a� m m m m 63 c _ 0 0 m 0 0 0 m 0 O 0 O N m 0 N 0 m O cox g C7 x z cn x cox WC 0) 1 (01 cn x WI CO M x CI 0 o z 1 z 0 ' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O O z Z w Z a. Z V Z Z z Z Y Z Z Z Z Z Z Z Z Z Z „ Z Z Z Ll'al co w z C• z OI W (n cn CO CO m CI) CO 3 W CO 0 CO CO O CO CO CO (/J r CO W — CO C z z 5 w 5 w O = " z z Z Z a Z Z 1 Z Z Z Z A Z Z O Z Z o Z Z O Z C CD W W W 0 WO Z E A W W LULU = W W p W W W W W W W V W W O W W O)W m O)≥ ≥ ≥ a) ≥ a) H L W > > » C » m > J o » C » li » c ≥ ≥ c ≥ CD W H H H .-GH ,g- Z@ c Hi- >'HI- 'p)H H '3 HI- N I— I— 'C I— I— y H H It H H 3 I— ')j 00 0 _ 0 _ D O d00 E00 z 0 0 x' 00 E0O C0U 'z00 LOO OO a 2QQ e C x0 — QQa< Qt < < cCC tee 2a a-L a as 0 JQ 0 m 'O 'O W c, 0 Li. R co a. a z m DEFINITIONS Active nest—Any nest that is frequented or occupied by a raptor during the breeding season, or which has been active in any of the five previous breeding seasons. Many raptors use alternate nests in various years. Thus, a nest may be active even if it is not occupied in a given year. Active winter night roost—Areas where Bald Eagles gather and perch overnight, and sometimes during the day in the event of inclement weather. Communal roost sites are usually in large trees (live or dead) that are relatively sheltered from wind and are generally in close proximity to foraging areas. These roosts may also serve a social purpose for pair bond formation and communication among eagles. Many roost sites are used year after year. Human encroachment—Any activity that brings humans in the area. Examples include driving, facilities maintenance, boating, trail access (e.g., hiking, biking), etc. Hunting perch —Any structure on which a raptor perches for the purpose of hunting for prey. Hunting perches provide a view of suitable foraging habitat. Trees are often used as hunting perches, but other structures may also be used (utility poles, buildings, etc.). Surface occupancy—Any physical object that is intended to remain on the landscape permanently or for a significant amount of time. Examples include houses, oil and gas wells, tanks, wind turbines, roads, tracks, etc. CONTACT For further information contact: David Klute Bird Conservation Coordinator Colorado Division of Wildlife 6060 Broadway Denver, CO 80216 Phone: 303-291-7320 Email: david.klutea;state.co.us REFERENCES Bechard, M.J., and J.K. Schmutz. 1995. Ferruginous Hawk (Buteo regalis), The Birds of North America Online(A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online: http://bna.birds.cornell.edu/bna/species/172 Buehler, D.A. 2000. Bald Eagle(Haliaeetus leucocephalus), The Birds of North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online: http://bna.birds.cornell.edu/bna/species/506 Call, M. 1979. Habitat management guides for birds of prey. Technical Note No.338, U.S. Bureau of Land Management, Denver Service Center, Denver, CO. 69pp. Energy Research and Development Administration (ERDA). 1977. EIA for CUI Venture application for geothermal loan guarantee (Beryl and Lund, Utah). EIA/GE/77-8. Washington, D.C. 109pp. England, A.S., M.J. Bechard, and C.S. Houston. 1997. Swainson's Hawk (Buteo swainsoni), The Birds of North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online: http://bna.birds.cornell.edu/bna/species/265 Greater Yellowstone Bald Eagle Working Group. 1996. Greater Yellowstone bald eagle management plan: 1995 update. Greater Yellowstone Bald Eagle Working Group, Wyoming Game & Fish Dept., Lander WY 82520. 47p Grier, J.W., F.J. Gramlich, J. Mattisson, J.E. Mathisen, J.V. Kussman, J.B. Elder, and N.F. Green. 1983. The bald eagle in the northern United States. Bird Cons. 144-66. Haug, E.A., B.A. Millsap, and M.S. Martell. 1993. Burrowing Owl (Athene cunicularia), The Birds of North America Online(A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online: http://bna.birds.cornell.edu/bna/species/061 Holmes, Tamara L. 1993. Behavioral responses of grassland raptors to human disturbance. MS Thesis. Colo. State Univ., Fort Collins. 62pp. Holthuijzen, A.M.A., W.G. Eastland, A.R. Ansell, M.N. Kochert, R.D. Williams, and L.S. Young. 1990. Effects of blasting on behavior and productivity of nesting prairie falcons. Wildl. Soc. Bull. 18:270-281. Kochert, M. N., K. Steenhof, C. L. Mcintyre, and E. H. Craig. 2002. Golden Eagle(Aquila chrysaetos), The Birds of North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online: http://bna.birds.cornel I.edu/bna/spccies/684 Martin, D.J. 1973. Selected aspects of burrowing owl ecology and behavior. Condor 75:446-456. Northern States Bald Eagle Recovery Team. 1983. Northern States Bald Eagle Recovery Plan. U.S. Fish and Wildlife Service. 75pp. Olendorff, R. R., and W.D. Zeedyk. 1978. Land management for the conservation of endangered birds. Pages 419-428 in S.A. Temple, ed. Endangered birds. University of Wisconsin Press, Madison, Wisconsin. Poole, A.F., R.O. Bierregaard, and M.S. Martell. 2002. Osprey (Pandion haliaetus), The Birds of North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online: http://bna.birds.cornell.edu/bna/species/683 Preston, C.R., and R.D. Beane. 1993. Red-tailed Hawk(Buteo jamaicensis), The Birds of North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online: http://bna.birds.corncll.edu/bna/species/052 Reynolds, R., R.T. Graham, H.M. Reiser. 1992. Management recommendations for the northern goshawk in the southwestern United States. Gen. Tech. Rep. RM-217. Fort Collins, CO. U.S. Dept of Agri., Forest Service, Rocky Mountain Forest and Range Experiment Station. 90pp. Richardson, C.T. and C.K. Miller. 1997. Recommendations for protecting raptors from human disturbance: a review. Wildl. Soc. Bull. 25(3):634-638. Rocky Mountain/Southwest Peregrine Falcon Recovery Team. 1984. American peregrine falcon Rocky Mountain/Southwest population recovery plan. U.S. Fish and Wildlife Serv. 105pp. Squires, J.R., S.H. Anderson, and R. Oakleaf. 1993. Home range size and habitat-use patterns of nesting prairie falcons near oil developments in northeastern Wyoming. J. Field Ornithol. 64:1- 10. Steenhof, Karen. 1998. Prairie Falcon (Falco mexicanus), The Birds of North America Online Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online: http://bna.birds.cornell.edu/bna/species/346 Squires, J.R., and R.T. Reynolds. 1997. Northern Goshawk (Accipiter gentilis), The Birds of North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online: http://bna.birds.cornell.edu/bna/species/298 Suter, G.W. and J.L. Joness. 1981. Criteria for Golden Eagle, Ferruginous Hawk, and Prairie Falcon nest site protection. J. Raptor Res. 15(1):12-18. Swenson, J.E. 1979. Factors affecting status and reproduction of ospreys in Yellowstone National Park. J. Wildl. Manage. 43:595-601. Thomsen, L. 1971. Behavior and ecology of burrowing owls on the Oakland Municipal Airport. Condor 73:177-192. U.S. Fish and Wildlife Service. 2007. National Bald Eagle Management Guidelines. http://www.fws.gov/migratorvbirds/issues/BaldEagle/NationalBaldEagleManaLementGuideline s.pdf White, C.M., N.J. Clum, T.J. Cade, and W.G. Hunt. 2002. Peregrine Falcon (Falco peregrinus), The Birds of North America Online(A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online: http://bna.birds.cornell.edu/bna/species/660 Revised 02/2008 { July 6, 2011 Talking points for the Weld County Commissioners Hearing on USR 1778 (Ray Tschillard, PLC Director) The PLC thanks the County Commissioners for your continued consideration of our concerns related to USR 1778. As you have requested, we have met with Mr. Orr and Mr. Roth, as well as, with the Colorado Division of Wildlife and the Central Colorado Water Conservancy District. Unfortunately, Mr. Orr and Mr. Roth did not decrease or mitigate our concerns as a result of this single meeting. PLC CONCERNS: The Poudre Learning Center (PLC) is the crown jewel on the Poudre River Trail system and has had the passionate support of a wide cross section of thousands of Weld County residents and voters. In the near future, this trail system will extend from Island Grove to the mouth of the Poudre Canyon, with plans to build future connections along the South Platte all the way to Denver. Both the Poudre Learning Center and the Poudre River Trail are tremendous community assets, community built, without taxpayer funds. For the PLC, the partners included 4 Rotary Clubs, scores of local businesses, and hundreds of individuals. All of those people trusted that communities and decision makers in the future would protect their effort and investment in these quality-of-life assets. The trust of supporters and developers of the Learning Center depends on our continued effectiveness in carrying out our educational endeavors. . That trust, shared by the thousands of Northern Coloradoans who helped move the Hazelton School and donated funds, gave of their valuable time as volunteers, donated both financially and in-kind, will be undermined if you accept USR 1778 as originally proposed or with its proposed modifications. Indeed, this proposal is an example for a request for county sanction for poorly planned and poorly implemented growth which will be detrimental to the PLC and the community at large. The PLC has four main compatibility issues with the proposed USR 1778. These concerns are; 1. USR 1778 will impact the educational opportunities we offer on our property. 2. USR 1778 will cause disturbances to the natural setting and wildlife habitats that will affect the educational value of our property. 3. USR 1778 will cause destruction of PLC property rights in terms of the degradation of the eastern shore of the Siebring Reservoir, which we own, as well as producing detrimental impacts on student learning. 4. USR 1778 will degrade the PLC Learning Lake's water quality, which is totally connected with Siebring Reservoir water. For these and other reasons, we strongly believe this proposed use is incompatible with the prior existing uses of the Poudre Learning Center and the Poudre River Trail and should be denied on those grounds. Each of these concerns will be addressed by me, the PLC Curriculum Coordinator Paulette Weaver and PLC Board Director Dr. Bill Hoyt 1 EXHIBIT Lei - 1 '778' Jul 6, 2011 Talking g points for the Weld County Commissioners Hearing on USR 1778 EDUCATION: (Paulette Weaver, PLC Curriculum Coordinator) o The role of the PLC, even prior to the building of the present facility, has been to provide quality, hands-on environmental education to help young people be better able to use critical thinking for decision-making as they grow to become productive citizens. We work with teachers to develop a set of activities for filed trips that meet the needs of each group, while keeping connections to state standards. For many children, there are few opportunities to get the feel of open space and a natural environment. A goal is to have these field trips to become an integral and required part of the curriculum for students at several grade levels in their schooling for them to learn and grow in understanding from multiple experiences. The environmental quality of the total experience is a critical component of the educational experience for our students. The impact of the students on the environment is minimal, but the effect on their scientific understanding is major A disturbance in the ecology of this continuous habitat, which includes our property, the neighboring lakes on Mr. Orr's property, and the neighboring river areas, would cause significant changes in this habitat, adversely impacting learning for the thousands of students who use the PLC every year. We believe the proposed use is incompatible with the prior and existing uses in the area. o We understand a perception that the amount of use on the PLC property would also create significant impact. For several reasons, that has not been true. —Vehicles for the most part are restricted to the parking and drive areas immediately around the building. Students always have an orientation when they arrive to remind them of the importance of being respectful of the environment and all the plants and animals they encounter there. They are taught how to not leave a trace of their own presence and to clean up what others might have left. Students have actually had significant impact on the reclamation of the property with all the planting and weed control they have done. o You had previously heard testimony from the Windsor school district. Here is a statement by Bruce Broderius, a Board member for District Six, another one of our partners. "Dear Fellow Elected Officials, I am addressing you from the perspective of the only remaining, active board member of the Greeley- Evans school district who participated in the collaborative decision to establish and help fund the Poudre Learning Center. Among the Board's perspectives was the creation of an environmental, outdoor learning center that was in immediate proximity to the children and which provided for required, as well as, continuous hands-on, participatory learning. So often, transportation, housing and food costs prohibit such opportunities for school children, so, the notion that natural settings with wildlife habitats in the immediate area could be created was a very unusual and premier opportunity. Frequent mention was made that with the inevitable population increases in the future, the organizations would be creating a unique resource that future generations would increasingly understand and would be appreciative of such a heritage. Most of us believed that 50 and 100 years from now, the wisdom of creating such a resource would be appreciated and respected even more so. Also, and as important, we were confident that subsequent elected officials at all levels would certainly respect and help protect this unique investment. 2 July 6, 2011 Talking points for the Weld County Commissioners Hearing on USR 1778 The proposed activities on the adjoining property present very serious compromises to the educational opportunities to be provided for school aged children for several generations, if not forever. The degradation of the site, including the water, is in direct contradiction to the educational opportunities inherent with the continued use of the Poudre Learning Center. It is appropriate for the County Commissioners to join us in our commitment to creating a very valuable learning preserve for the here and now, as well as for future generations. Hopefully, the wisdom and courage of previous decisions will be recognized and sustained by your actions. Respectfully, Bruce Broderius o A disturbance in wildlife habitats may result in a loss in the educational sustainability and growth opportunities. Indeed, we have recognized that future development of any type on Mr. Orr's land will have substantial impact on the PLC and our future growth. • PROPERTY RIGHTS of the PLC (Paulette Weaver) o The property use that Mr. Orr proposes in USR 1778, even as modified, and the use on the property of the Poudre Learning Center are not compatible. Being for property rights means being for the rights of the owners of both properties, not just the proposed developer. Being in support of property rights, which I think most people are, means the Commissioners cannot support the rights of Mr. Orr to the diminishment of the rights of others, nor can the Commissioners allow the PLC to diminish rights. The activities at Poudre Learning Center are the prior use, starting in 2004, BEFORE Mr. Orr bought the adjacent property. With this in mind, we offer the following concerns if USR 1778 is adopted even as modified, after suitable public review. o As property owners of the east shore line of the Siebring Reservoir, after a full review by the planning commission, we would need a legal agreement with Mr. Orr that will obligate him to mitigate or avoid any erosion or damage on our shore caused by activities on the east lake. o After review of any modifications of USR 1778 by the Planning Commission we would also need a written agreement that Mr. Orr will maintain a 10 foot shrub row from the Poudre River Trail to the Poudre River in perpetuity, including 3 access points along the eastern shore line of the Siebring Reservoir. o We are insisting upon these concerns and especially upon a full review of any modification of the proposal by the Planning Commission because when we raised questions to Mr. Orr, he has stated that our objections are covered in his rules for allowing camping and boating and RVs and parking. However, he has not shared these rules so that we can examine them adequately. Also such a proposed lease is not in the public record. Indeed, we have not seen a copy of any modifications proposed to USR 1778 3 July 6, 2011 Talking points for the Weld County Commissioners Hearing on USR 1778 • HABITAT CONCERNS OF THE PLC(Dr. Bill Hoyt, Secretary of the PLC Board of Directors) o We see a rising demand for wildlife viewing with the increasing population growth and urbanization in Northern Colorado. In order to meet this need, wildlife must be present and free from excess disturbance in and around the PLC. A respected and protected habitat allows visitors a safe access to easily view wildlife from trails with minimal disturbance. In order to be compatible with this need, any acceptance of a modification of USR 1778, only after review by the Planning Commission, must contain an enforceable long term plan that sets standards as to wildlife impact with minimal disturbance. o As for boating near eagles, another lake in Colorado (Barr Lake) has eagles on it and the boating on that lake is roped off so that there is no crossing of the half mile limit. So there is NO boating within a half mile of the Eagles. The half mile limit would prevent any use of the lakes on Mr. Orr's property from October through July. o It is our belief that Colorado law requires the Weld County Commissioners to adopt and enforce the Colorado Division of Wildlife's state-wide recommendation for active Bald Eagle nests. This regulation, based on State law passed in 2008, states that no surface occupancy beyond that which historically has occurred in the area within ''/4 mile radius of active nests, and seasonal restrictions to human encroachment within Y mile radius of active nests from October 15 through July 31. o In his June 22nd meeting with CDOW, Mr. Orr stated he would sue the state to overturn this rule. While the choice to pursue such litigation is his right as a citizen, it demonstrates a lack of concern for his neighbors and for the economic impact the eagles can have on Weld County tourism. We plan to put up a webcam at the quarter mile limit with a long lens that will be available 24 hours a day. A similar webcam in Iowa gets 15,000 hits per day. Please do not neglect the potential value that the PLC and the National River heritage area have on Weld County which are in the active planning process for cultural tourism to this area. • WATER QUALITY (Bill Hoyt) o Similarly to our property right concerns, we oppose USR 1778 in relation to our water quality. You have heard prior testimony concerning zebra mussels. If after a full review by the planning commission, PLC would request that we have within any permit a written obligation would require Mr. Orr to mitigate any mussel invasion in the PLC Learning Lake. o The four lakes are really a single water system with water flow from the three lakes on Mr. Orr's property through our lake if water is needed by the CCWCD. Any pollution from human activity on Mr. Orr's lake will damage our lake and the educational resource our lake provides to students. Such pollution will damage the learning center in its educational resources our lake provides for students. The Learning Center will be damaged in its educational and environmental role in the watershed. The PLC partners (four local school districts and the Cache la 4 July 6, 2011 Talking points for the Weld County Commissioners Hearing on USR 1778 Poudre River National Heritage Area) plans for cultural tourism will be unnecessarily disrupted at this Center. The full educational value for over ten thousand children each year will be disrupted by allowing hunting, power boat use for water skiing and associated noise and parking for 50 cars, as well as, trailer sites for fifty campers adjacent to and in view of the Learning Center. We understand based on our meeting that Mr. Orr plans to reduce the number of sites to 25, but have not seen any details of his commercial use.. o If the modified proposal is considered, we state our objection to the planned number of sites and parking in that the details of the modified proposal are not adequately elucidated. Will the proposal reduce the number of leased sites to 25 as maximum capacity at this commercial site? Would each site have a limit as to people, cars trailers and boats ?- For example, would it include only one RV, only one vehicle and only one boat for each leased RV/Camp site? Would someone be able to live at a site permanently? What will be the impact on trash burden and, sewage disposal? Would outhouses be sufficient for the proposed burden and if not where would running water be obtained? There are just too many unanswered questions for this proposal, even with modifications, for it to be approved at this time. The Ask or Action for Today (Ray Tschillard) The PLC asks you to deny outright the original proposal. The PLC asks you to deny any modified proposed in full, and insist that at minimum a full review of the Planning Commission be undertaken and all issues publicly reheard by the Planning Commission and the County Commissioners before recreational use is permitted. For the Future We seek the help of the County Commissioners to support appropriate long term educational use by helping us create the coalition that will negotiate the purchase of this property from Mr. Orr. In this way we can develop long term plans for habitat protection and educational programs for more schools, as well as preserve the habitat for future generations. This is an opportunity for the Commission to support cultural tourism, local education and community development. Today, you can do the right thing, so that in fifty years, we can look back on the wisdom you exhibit today, with gratitude. 5 J '"Iiik\ -41‹. • \ a) >„... 1 O N a -.3. .... ..soicagiSit .. ...." .__ ,_' 7 II . .. 2 MI ""sb , • \II I II \ • ...savage; • •tuy 1 z '�_ a 0.1 •IV^ a • 1 . : • . ill S. • a i • s fT • • Yy C•• l'' ; i t J,• i. tr .... .t i r J _ t+ i p.'r .lik ' ', . :: ' . n t �' tel .4 -1.--'''''. .i, • : ,, ) A 1 ,, a• II -•i' II �4- , • •r! N r, t. ;i . . 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If i 1 x t • . ,. 4 1..._y' .. � - . . . -- - _ . _ Esther Gesick m: Barbara Kirkmeyer ent: Wednesday, July 06, 2011 10:07 AM To: Esther Gesick; Commissioners Subject: FW: Poudre Learning Center FYI From: tobevnc@comcast.net fmailto:tobevnc@comcast.netl Sent: Wednesday, July 06, 2011 7:56 AM To: Barbara Kirkmeyer Cc: Esther Gesick; nona.winder(aweldre4.k12.co.us Subject: Poudre Learning Center My name is Nona Winder, and I teach 5th grade at Skyview Elementary in Windsor. I am writing to you in hopes that you will vote to not allow the permit for the campsites and waterskiing on the lake adjacent to the Poudre Learning Center. Said permit would devastate the Poudre Learning Center and its educational and environmental purposes. Over ten thousand students would be negatively affected by the proposed use of the adjacent lake, not to mention the environmental ramifications such a permit would cause. Subsequent noise and traffic from camping, water sports, and hunting would be detrimental to humans and wildlife at the center. iiank you for your time and thoughtful consideration to this important matter. Sincerely, Nona C. Winder 5th Grade Teacher nona.winderweldre4.k12.co.us 1-t1 H 1 Esther Gesick om: Barbara Kirkmeyer ent: Wednesday, July 06, 2011 10:08 AM To: Esther Gesick; Commissioners Subject: FW: USR 1778 More... From: bscowles@comcast.net jmailto:bscowles@comcast.netj Sent: Wednesday, July 06, 2011 7:58 AM To: Barbara Kirkmeyer Subject: USR 1778 Commissioner Kirkmeyer; As a lifelong resident of Greeley and a frequent user of the Poudre River Trail, I would encourage you to vote NO on allowing this permit. Thank you for your time. Susie Cowles 2129 63rd Ave. Greeley, CO 80634 W0-330-8335 • ICTI ( 7R I`f 78' 1 Esther Gesick om: Barbara Kirkmeyer ent: Wednesday, July 06, 2011 10:08 AM To: Esther Gesick; Commissioners Subject: FW: Opposition to Poudre Trail Permit From: emgregg@comcast.net fmailto:emgrectg@comcast.net] Sent: Wednesday, July 06, 2011 9:14 AM EXHIBIT To: Barbara Kirkmeyer pty Cc: Esther Gesick Subject: Opposition to Poudre Trail Permit Oslo( _ ' rat CI Dear Ms. Kirkmeyer, I had hoped to be at the hearing regarding the permit for use of the Poudre River Trail area today, but it does not appear that I will be able to do so. I do want to voice my opposition to granting the requested permit. I believe that during your campaign you pledged to listen to constituents viewpoints on such matters and to make clearly justifiable decisions to "the challenges presented by continuing growth." I hope that you will take this opportunity to demonstrate your committment to these principles. My reasons for opposing approval of this permit are provided below. • The use of the property that Mr. Orr proposes and the use of the property of the Poudre Learning Center are not compatible. Being for property rights means being for the rights of the owners of both properties, not just the proposed developer. Also, the Poudre Learning Center was here first, starting in 2005, BEFORE Mr Orr bought the adjacent property later in 2007. The Learning Center will be damaged in its educational and environmental role in the watershed. The PLC partners (four local school districts and the River National Heritage Area) plans for cultural tourism, at this Center, which will be unnecessarily disrupted. The full educational value for over ten thousand children each year will be disrupted by allowing hunting, power boat use for water skiing and associated noise and parking for 100 cars, as well as, trailer site for fifty campers adjacent to and in view of the Learning Center. The PLC is the Jewel of the Trail system and has had the support of a wide cross section of thousands of Weld County voters. The trust of supporters of the Learning Center especially the thousands who helped move the Hazelton School and who donated funds time and equipment will be undermined by any county sanctioned poorly implemented growth. The proposed use is likely not legal. The American Bald Eagles that now nest on land just outside of Mr. Orr's proprety are protected by Colorado law (and also by federal law) from encroachments that would disturb them. The Colorado law, passed with only one dissenting vote by the Colorado Senate in 2008, sets, as a penalty, an up to 100,000 dollar fine for each incident of disturbance of the eagles. Hunting on the property, which would appear unwise next to the school related activities of the Learning Center, also directly and indirectly jepardizes the eagles. As for boating near eagles, another lake in Colorado (Barr Lake) has eagles on it and the boating on that lake is roped off so that there is no crossing of the half mile limit. So there is NO boating within a half mile of the Eagles. • The half mile limit would prevent any use of the lakes on Mr. Orr's property from October through July. I hope that the commissioners will either accept the recommendation of the Planning Commission vote that the proposal be denied in its current form or(at a minimum) that any that any revision of the proposal go back through the Planning Commission for a full review. Direct approval by the commissioners of any revised plan without a full review cycle by the 1 planning commission with opportunity for full public input would not be true encouragement of the "community participation in county government". "plank you for the opportunity to provide input on this decision which is critical to the quality of life in Weld County. Ellen Meyer Gregg 1332 51st Avenue Greeley, CO 80634 • • 2 Esther Gesick om: Barbara Kirkmeyer ent: Wednesday, July 06, 2011 10:09 AM To: Esther Gesick; Commissioners Subject: FW: No permit More... From: adelies@comcast.net fmailto:adelies@comcast.netl Sent: Wednesday, July 06, 2011 9:54 AM To: Barbara Kirkmeyer Subject: No permit I am hoping you will not allow this permit to go through. We have loved the Poudre Learning Center and trail as they are. Laura Manuel Criss Clinton 5634 West 24th Street Greeley, Co. 80634 • EXHIBIT • Bald Eagle Home Bald Eagle Conservation Measures About Bald Eagles and Their Recovery Measures to Avoid Disturbing Nesting Bald Eagles Numbers of Bald Eagles During Recreational Activities None of these activities will disturb eagles if conducted during the non-nesting season. In Bald Eagle Conservation the upper Midwest (Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Laws that Protect Bald Wisconsin) the nesting season is generally from late January through late July and the non-nesting season is from August through mid-January. The following measures only Eagles pertain to the nesting season. Eagle Permits See the Bald Eagle Natural History and Sensitivity to Human Activity document for Places to See Eagles and additional information. Eagle Images Non-motorized recreation and human entry (including hiking, camping, fishing, Archives: Proposed and hunting, canoeing) Final Rules to Delist If you walk, bike, canoe, camp, fish, or hunt near an eagle nest during the breeding season and your activity will be visible or can be heard from the nest Links for More Information stay at least 330 feet (100 meters) from the nest. Midwest Region None of these activities near a nest, would disturb the eagles if the activity Endangered Species cannot be seen or heard from the nest. Midwest Migratory Birds Off-road vehicle use (including snowmobiles) If you use off-road vehicles (and this includes snowmobiles) near a bald eagle nest during the nesting season stay at least 330 feet (100 meters) from the nest. In open areas, where there is increased visibility and exposure to noise, stay at least 660 feet (200 meters) from the nest. Motorized watercraft use (including jet skis/personal watercraft) If you use motorized boats or jet skis near an eagle nest during the breeding season, to avoid disturbing the eagles and their young: (1) Do not operate jet skis (personal watercraft) or airboats within 330 feet (100 meters) of the nest, (2) Avoid concentrations of noisy vessels (e.g. commercial fishing boats and tour boats) within 330 feet (100 meters) of the nest, except where eagles have demonstrated tolerance for such activity, and (3) For all motorized boat traffic within 330 feet (100 meters) of the nest, minimize trips and avoid stopping in the area, particularly EXHIBIT where eagles are unaccustomed to boat traffic. - -1 PoudrP Learning Center Calendar Page 2 of 2 calendar Apr 2011 Sun Mon Tue Wed Thu Fri Sat 27 28 29: 30 31 Apr 1. 2 1 Windsor/Eaton/Johnstown-Milliken Spring Break Northern District GI Natalie Gordan-C Northridge Im.le Canceled- PLC Bd1IPLC SCHEDULING': INCCTA Core Group' Meeker 2nd Grade'Romero 2nd Grade • more 3: 4 5. 6 7 if 9 I D6 Sprin Break I Quilting Group Mee' Romero Science Camp ri City Moms Pre I UNC Geology IPoudre Hertige Arel Natalie Gordan- TiR Team Meeting more 10 11 12 13 14 15: 16 'Natalie Gordan-C'Whitney Irrigation Dos Rios 5th Grad4IDistrict 6 Physical 11D6 Sustainability M River Transects- Ni 'Dos Rios 5th gradellSummer Institiute 'Natalie Gordan-C� • Canceled- Northric more • 17. 18 19 20 21 22. 23 Natalie Gordan-C*West Greeley Conservation District TrilSeverance 7th GrallCanceled - Romero Webelos Group II Middle School Literacy District 6 ''EARTH DAY-Tree II 'Greeley Central API Natalie Gordan-CI Franklin 7th Grade more more 24. 25 26. 27. 28 29 30 'Jefferson High Sch I Dols Rios 3rd 'Children's Water FilDistrlct 6 Life Scie I Suellen Metzger ''Teaching outside ti 'Natalie Gordan-C-'Library Planning m• 'PLC Bd of Director•IWinograd 5th Grad' Natalie Gordan-CI more • May 1 2 3. 4. 5 6` 7 "PLC SCHEDULING 1I Garmins and Labquest units Iheverance 7th GrallWindsor 7th GradelINAAEE's Guideline' SU FFA Soil COnt Frontier Academ •East Memorial 4th 'Natalie Gordan- ' Trailathon Galeton Elemental_Eaton Biology II Eaton Biology 'Northridge 21st Gel more more • Email _ _ .,, ,,; .•TMs:: Poudre Learning Center 8313 West F Street, Greeley, Colorado 80631 (970) 352-1267 EXHIBIT V http://www.plcoutdoors.org/calendar/calendar.html 5.4.201 1 Poudre Learning Center Calendar Page 2 of 2 calendar May 2011 Sun Mon Tue Wed Thu Fri Sat May 1, 2 3 4 5 6 7 PLC SCHEDULING 1t Garmins and Labquest units Severance 7th Graf Windsor 7th Grade NAAEE's Guideline' 'CSU FFA Soil COnt4 Frontier Academy 4East Memorial 4th Natalie Gordan-CI Trailathon Galeton Elementar Eaton Biology Eaton Biology Northridge 21st Cl more more 8,.. 9 10. 11 12 13 14 'Imagination Statio"Cancelled - Brentw{Dois Rios 3rd Grad Union Colony Grad Winograd "Eagle Project wetla' f Rangeview 5th gra' Monfort Elemental Milliken 5th Grade' Natalie Gordan- C Natalie Gordan- C Rotary District 5440 Annual Conferenci more more 15 16 17 18 19 ... _ 20 _._. _..21. 'Weld County Comrt Franklin MS 'Winograd 1st Grad'D6 Last day for St�'D6 Last day for TetPoudre River CSI-' 'Windsor 5th Grade Dos Rios 5th Grad Eaton 1st Grade 'PLC Board Retreat' Meeker 3rd Grade City of Greeley His'PLC Board of Direct more 22 23 24 25 26 27. 28 PLC Bd of Director' 29,,. 30 31. Jun 1 2 ._. 3 4. Holiday PLC- CLos Romero Science Camp f Eaton School Distrf ]PLC SCHEDULING'Orientation to the"Heath 21st Centurt f Poudre Hertige Are)Northridge Century' 5 . .. 6. .._... 7 . . _ 8. . ...... 9 10 _.. 11. Eaton School Distr."' Ground Up 3 Workshop for Pathways to Environmental Literacy MSP 1 Heath 21st Centu Northridge Centu Email u_ _u_ Year Partner ma .1- au ei • , .Ikatiatz ar alit Gering.. , Poudre Learning Center 8313 West F Street, Greeley, Colorado 80631 (970) 352-1267 http://www.plcoutdoors.org/calendar/calendar.html 5/4/2011 „Poudre Learning Center Calendar Page 2 of 2 calendar Jun 2011 • Sun Mon.......... Tue._..... Wed _...._ Thu Fri • Sat._._....... 2% 30`: 311 Jun 1 2 3< 4 Holiday PLC-CLosf Romero Silence Camp School Distri PLC SCHEDULING-Orientation to the Heath 21st Centur Poudre Hertige Arel4Northridge Centu 5 6 7; 8 9 10 11 'Eaton School Distil Ground Up 3 Workshop for Pathways to Environmental Literacy.MSP N F • •• Northridge Centu • I • • -• •12 131 14 15 16 171 18' iCentennlal Summ_ John Evan Centuryll Greeley-Evans Elementary Summer Science Institute f �D6 Sustainability lj[Whitney Irrigation lHeath 21st Certtu Heiman Summer S. • jNorthridge Century: more 19 20 21 22 23 241 2$: • • Northridge 21st CejJackson 21st Cent Maplewood Eleme PLC Bd of Director • Heath 21st CenturilFranklin MS 21st Cl Ecology of;Local Flora • 26 27 28 29- 30` Jul 1 2 Friendship Force r El Espejo I Earth Systems of the Poudre IF Observational Astronomy IIPLC SCHEDULING I FICT5 Using the PLCI • • • • 3 4 5; 6 7 8; 9` Holiday PLC Closet( )Poudre Hertige Arel • • • • • •Email• _ — — — _.__.__. .....Y Poudre Learning Center 8313 West F Street, Greeley, Colorado 80631 (9 70) 352-1267 http://www.plcoutdoors.org/calendar/calendar.html 5/4/2011 Poudre Learning Center Calendar Page 2 of 2 calendar Jul 2011 Sun Mon Tue Wed Thu Fri -• _._.._._... Sat 26] 27 28; 29 30 Jul 1 2 I I Friendship Force I El Es.e'o Earth Systems of the Poudre Observation:I Astronom PLC SCHEDULING K-5 Using the PLC'. 3 4: 5 6i I 8: _._...- % IHoliday PLC Closed IPoudre Hertige Ares 4 • • 10: 11 12: 13 14 15.1 16. Friends and Newco( fScience Research Equipment Use and! • • • • • • 17r '18 19 20 21; 22 23. I • _ Confluence Institute I Orientation to the • • 24 25' 26 27 28; 29 30 . i IPLC Bd of Director( F • i • i • 31 Aug 1, 2 3i 4 5 6 HS Science Camp' l hfindsor Class ofi PLC SCHEDULING fiBrian Ellis as Joh 1IPoudre Hertige Are `•. I NASA Climate Change Workshop Email a tll�r' _r,,,,,it_..„.,.. {„.�. t$,. r Poudre Learning Center 8313 West F Street, Greeley, Colorado 80631 (970) 352-1267 http://www.plcoutdoors.org/calendar/calendar.html 5/4/2011 Poudre Learning Center Calendar Page 2 of 2 calendar Aug 2011 Sun Mon Tue Wed Thu Fri Sat.... 311 Aug 1! 2 3 4 51 6 :I HS Science Camp DWindsor Class of 11 :PLC SCHEDULING•Brian Ellis as John Poudre Hertige Are( NASA Climate Change Workshopii i a 9 10, 11 12 Earths Sytems of the Poudre River for APES students NEI Esepjo Canoe TrJ 'Whitney Irrigation 'Windsor Skyview El' 14, 15 16! 17 18 19 20 Winograd Teacher I i Floor Refinishing rientation to the • , ,..,.. .........., .,... F ....... ................. .._........... ... ............... 21 22 23 24 25 26 27 Floor Refinishing 'PLC Bd of Director4 I 28;. 29. 30 31 Sep 1 21 3 •PLC SCHEDULING 1 • 4 5: 6 7' 8. 9; 10: Poudre Hertige Are( ( Rusch Family Email �. 0 Poudre Learning Center 8313 West F Street, Greeley, Colorado 80631 (970) 352-1267 http://www.plcoutdoors.org/calendar/calendar.html 5/4/2011 Poudre Learning Center Calendar Page 2 of 2 calendar Sep 2011 Sun Mon Tue Wed Thu Fri Sat 28 29 30 31 ...Sep i 2 _..3.. {PLC SCHEDULING"' .._._ 4 5 .__._. 6 7 8 9 10:. Poudre Hertige Aral Rusch Family 1 ......._ 11:_ 12 13 _...... 14 15 16 17' 18 19 20.. 21 _. _.. 22 .. . .. 23 24. IPLC Bd of Director41Winograd 5th Grad 25 26 27 28 29 30 Oct 1' PLC SCHEDULING 1 2 3 4 5 6 7 8 Poudre Hertige Are Email ,y'�II n Poudre Learning Center 8313 West F Street, Greeley, Colorado 80631 (970) 352-1267 http://www.pleoutdoors.org/calendar/calendar.html 5/4/2011 Sc OtiMtRCt CITY _ ENTINEL EXPRE SS Bald Eagle pair nesting at Barr Lake State Park By The Staff Wednesday, March 30, 2011 at 2:03 pm BRIGHTON — Once again, the nesting pair of bald eagles at Barr Lake State Park have begun the incubation period of future eaglet: If all goes well, the eaglets should hatch around mid-April . A pair of bald eagles has attended a nest in the wildlife refuge since 1986. During that time, eaglc s have survived severe storms, the loss of nesting trees, and several changes of mates. As of 2010, t Barr Lake bald eagle pair had fledged 40 young from eight different nests. Each year, since 1988, volunteers from the Rocky Mountain Bird Observatory's Bald Eagle Watcl r • ' *I E, : have anxiously awaited the signs of hatching eaglets in early spring. Typically, one or two eaglets hatch. If all goes well, the juveniles will fly from the nest in late June and remain in the area with the parents most of the summer. " It's the second-oldest nest on the Front Range and one of the oldest nests in state that we're r aware of," said David Klute, the Colorado Division of Wildlife's statewide bird coordinator. • 4 ` ac• Bald eagles are seldom seen far from water - large rivers, lakes and seacoasts. In Colorado, they ` • l t are often found near reservoirs, such as Barr Lake, and along major rivers such as the South Platte Photo by John Carr Arkansas, Rio Grande, Yampa and Colorado. During the breeding season bald eagles defend Bald eagles, like this one territories and most frequently can be found nesting in large cottonwood trees. pictured at Prairie Center The best viewing of the eagle nest is from the gazebo, a 1 .3-mile walk south of the Barr Lake earlier this year, are a common Nature Center into the wildlife refuge. The nest is approximately a quarter mile from the gazebo and sight in Brighton. New eaglets easily seen with binoculars. The Nature Center loans binoculars and features a display about eagle; will likely hatch at Barr Lake in The Barr Lake Nature Center is open Wednesday through Saturday, 9 a.m. to 4 p.m . , and Sunda April. between 11 a.m . and 4 p.m. Starting March 27, the Nature Center will be open seven days a week from 9 a.m. to 4 p. m. Visitors can purchase park passes and registrations at the Nature Center. Ret, purchases at the center support educational programs at Barr Lake because a portion of the proceeds from sales comes back to the park. The first bald eagle nests were discovered in Colorado in the mid-1970s. Populations have since consistently increased and more th, 100 eagle nests are known in the state. Colorado also supports significant numbers of wintering bald eagles. Typically, between 400 ar 1 ,000 bald eagles can be found over-wintering throughout the state, offering birders cold-season viewing opportunities. Attracting more than 12 million visitors per year, Colorado's 42 State Parks are a vital cornerstone of Colorado's economy and quality of life. Colorado State Parks encompass 224,447 land and water acres, offering some of the best outdoor recreation destinations in the state. Colorado State Parks is a leader in providing opportunities for outdoor recreation, protecting the state's favorite landscapes, teaching generations about nature and partnering with communities. Colorado State Parks also manage more than 4,300 campsites, ar 63 cabins and yurts. For more information on Colorado State Parks or to purchase an annual pass online, visit www. parks.state.co.us. EXHIBIT \ )\) : - I Colorado Login Usr Psd ® Sign u Recent CO Condi •a•• ..t..� L g p f* , , , FISH E'Xr • �.. 0 E • C 0 1Y1 updt f NIL: /si. Antero Reservoir 07.0 t Jackson Lake. Fort Morgan Colorado - Jackson Lake sports good fishing for trout and wiper Trout usually :, yynag fp. , Carter Lake 07.0 it- =% _ . concentrate in the inlet area and wiper action can be great at times in the spring - -:.;...-.,,..7c1;74[111 Green Mountain 07.0 ._ / _, Lake Skipper: Jackson Ranger. Badfish II �oa•N s Reservoir • • Gross Reservoir 07.0 +, `�,% , • Pella Crossing 07.0 � Skaguay Reservoir 07.0 a. .•••'�,� Switch State: Taylor Park Reservoir 07.0 Report Lake Conditions Viewing: Colorado 1.• Turquoise Lake 07.0 View lakes needing updat Go to Lake... • Lake Update River Update Get FxR+ Fish Species Field Editors Skippers Store Go to River... • Lake Map River Map Fishing Forum Blogs Articles Calendar News Home BiOnontc My Trip Journal Jackson Lake Hide Campgrounds Hide Boat Ramps Near Fort Morgan Help w/conditions: Submit an update My Fish Log �+ Lake Activity Graph Register for most recent conditions... Sonar Status: 07.0 .11 M on ito ri n River Activity Graph Water Tmp: Register Free 07.03.11 Get Free Account Level: 07.03.11 Systems Get FxR+ Subscription Sport Fish Species: Black Crappie, Bluegill, Channel Comaare Accounts Catfish, Common Carp, Freshwater Drum, Hybrid Striped SaOlMPer_Sur sPitlea_p_al_mattQ), Lat9.emovjP Base (Log in for full species listing . ) Automate 1 st Annual 75% OFF DENVER SEAFOOD! rackso. Reservoir & No-Mo Tourna =: HUGE DEALS EVERYDAY ON THE BEST IN DENVER! Scientific Union Reservoir' ---„r-- a. Urban Dealight Lo •mont, Colo I r i le, . - ilit . . July 30th 2011 �• Learn MO , if 144 =4` ib \ -•'! o ii Jackson Lake a Count and Tra • VI / 4 ...1 State Park �u ', Map data O2011 Google - Fish in 3-D •1.• SEE TODAY'S DEAL>>> • This lake sponsor spot is ava,lao,e. Google Map Topo Map 3-D Shot Sat Shot MapiFr Member Photos: Fishing Articles re [ - VIMFly Fishing Articles V vwv.biosonICSInC Ct Gen. Fishing Articles a Ice Fishing Articles View more photos . Trolling Articles Jackson Lake View all Managing Agency: Surface Acres: Capacity AF: Elev: Colorado State Parks 2700 35629 AF 4438' go to Jackson Lake Official Webslte Chicago Does this lake need information updated? Let us know... Fishing Fishing Jackson Lake State Park attracts many visitors in northeastern Colorado. The reservoir is popular for boating. Charters water-skiing, jet-skiing, camping, and highly acclaimed beaches. Jackson Lake is a big attraction during hunting Salmon, Trout F season with its terrific waterfowl hunting. There are many campsites around the lake with access to the swim Perch Rates beach and picnic spots. There is plenty of wildlife throughout the park and you may see bald eagles perched in starting at the cottonwoods along the bank or soaring overhead $250.00 No FIS No Pay www chatlengerfishlni The lake has become well-known for its wiper and trout populations, which are the primary attraction for many anglers. Walleye is another species that CDOW has been stocking on a regular basis that anglers can expect to encounter. While not high on many anglers' list, the carp fishery is doing well and offers great sport for fish pushing 30 inches in the spring. Catfish also are known to reach respectable size. Black bass, crappie, and sunfish do exist in very limited numbers, as the sandy, gradually sloping lake bottom does not provide the habitat to develop good numbers. Getting there: From U.S. 3411-76 interchange, take Colorado Highway 39 north for 7.25 miles through Goodrich, then go west on Y5 (follow the paved road) for 2.5 miles. Fees: Colorado State Parks Pass Daily - S7 Annual - $70 Boating: All Boats Allowed. Boating opens March 18, 2011 . The ANS inspection station will be open from 9:00 a.m. to 5:00 p.m., Monday through Friday and 8:00 a.m. to 6 p.m. on Saturday and Sunday. Special Regulations: Fishing prohibited in lake at State Park or SWA, Nov. 1-last day of regular waterfowl season. Bank fishing permitted from dam and State Park boat ramp until Nov. 30. Minimum size limit for walleye and saugeye is 15 inches long. Only 1 walleye or saugeye in the aggregate longer than 21 inches can be taken per day. Minimum size limit for wipers is 15 inches long. Ice Fishing: Ice fishing allowed Happy news about animals Good Animal News Home I About I. Contact I Free Screensaver I Entries (RSS) Comments (RSS) Categories Bald eagle resurgence is a boon for ''ts doramarie's anteater (1) conservationists Etsy Shop Bat (1) Author: Dora I Filed under: Bird Bear (8) beaver (1) Bald eagle populations plummeted in the mid-20th Century, the result of mass poisoning Bird (207) by DDT, and long-term effects of human predation, harassment and development. butterfly (1) Today, the resurgence of the Pacific Northwest bald eagle population rewards efforts of camel (2) conservationists. doramarie's earl'ntly esnPo het Shop Cat & Kitten (300) is pty chicken (4) "From a biological standpoint, they are not an endangered species anymore, there are click here to visit their enough individuals for the population to maintain. The population needs a good Etsy shop or subscribe to chimpanzee (1) their shop feed to see Chinchilla distribution to sustain," said Frank Isaacs, a senior faculty research assistant at Oregon when they list new (8) State University who works with the Oregon Cooperative Fish and Wildlife Research Unit products Chipmunk (1) at the Department of Fisheries and Wildlife. He said bald eagles are highly adaptable, but Cow (19) prefer forested areas with mature trees, for habitat, which provide adequate platforms for nests and some security from the elements. Such sites, not currently supporting crow (1) resident bald eagles, are still found along Oregon's north and central coast. ge: a widget deer (2) A study tracking nesting populations of bald eagles was initiated in 1978, and Isaacs Dog & Puppy (456) began work on the project in 1979. At that time, approximately 100 known nesting pairs Dolphin (42) of bald eagles remained in Oregon. Today the number of known nesting pairs in Oregon t ' duck (9) approaches 500. DOCTORS f. RISTER,. I11fi 1 I eagle (1) Less protection for habitat will be the most dramatic consequence of delisting the species DrsFosterSmith corn Elephant (40) from the Endangered Species Act, said Isaacs, noting part of success during this The trusted name elk (1) resurgence has been concerted habitat protection. He said Oregon's undeveloped public in pet supplies! eye (1) lands will, in theory, enable the population. Bald eagle resurgence is the result of ferret (10) protection measures, including banning use of the pesticide DDT in the late 60s, couplet• DOG with the momentum of population growth. Isaacs said, while suitable habitat remains, fish (2) and in the absence of new poisons, it is likely the bald eagle will continue to thrive. fox (2) "They're very plastic in their ability to use different habitats and eat different kinds of SUPPLIES frog (1) food and put up with different human activities." goat (3) SHOP NOW ► goose (2) Current generations haven't been harassed or hunted by humans, as preceding generations had been. "The birds we follow nowadays seem to be a lot more tolerant of Guinea Pig (47) FREE SHIPPING human activity than the birds were 25 years ago," said Isaacs, "and I think that's Hamster (30) because of generational changes in both people and eagles. They are used to human ON ORDERS HEDGEHOG (5) activity, and are much more apt to nest in proximity to human activity." $49 AND OVER! Horse & Pony (131) insects (2) In addition to resident nesters, Isaacs explained, "Oregon Is a kind of crossroads, or mixing grounds, for eagles moving up and down the western flyways: the Pacific and the jerboa (1) Inter-mountain flyways," said Isaacs, "And birds from far north come south into Oregon Koala (4) during the winter. And birds from the south, such as southern California and Arizona, leopard (2) come north into Oregon after their nesting season." Lion (3) lizard (1) Isaacs said the first bird book written for Oregon was completed in the late 1800s, "and Monkey (15) there is a mention in there of 10 pairs of bald eagles around Yaquina Bay. Today we know of about five or so. If that late 1800s report Is an indication of the population of Mouse (15) eagles before the country was settled, then we may still see an increase in eagle Odd (25) numbers in that area." - ORCA (1) Common murres ,�" otter (5) 11 owl (3) parrot (6) David Pitkin, wildlife biologist with the Oregon Coast National Wildlife Refuges Complex, Htir a division of the United States Fish and Wildlife Service, said the resurgence of bald Penguin (7) eagles Is taxing populations of common murres on the north and central Oregon coasts, Pets & Animals (210) with several effects. i Pigeon (1) Pigs (4) Every year the FWS surveys a subset of seabird colonies, with the entire seabird porcupine (1) population on the Oregon coast counted only periodically. In 1988 a full count showed Rabbit (146) more than 400,000 nesting murres supported on Oregon's north and central coast colonies. Currently, a full count is being compiled for 2006. Though the data has not Rat (9) been quantified, Pitkin said, "we know there have been major effects by bald eagles. Our reindeer (1) assumption Is, there will be a lot fewer than 400,000 murres, in these colonies, after Review (1) were are through counting." sea cow (2) Pitkin explained, when an eaglegoes out to a seabird colon three things can happen, (1) P 9 Y. 9 Peen, and sometimes all three: sloth (3) squirrel (5) • Direct take of seabirds on a colony; whereby an eagle seizes a murre, or two, and Tiger (32) takes them away to eat somewhere else; turkey (2) turtoise (4) • Secondary predation of seabird colonies by gulls, ravens and crows, which come in Whales (4) after an eagle scatters seabirds, leaving eggs and nestlings exposed; and wild feline (3) • Complete abandonment of seabird colonies caused by eagles habitually perching within Wolf (12) traditional seabird colony sites. This perching behavior is especially characteristic of young, usually non-breeding eagles. (An example of a rock abandoned by common Archives murres is Gull Rock, off Otter Crest). June 2011 Bald eagles started to hunt common murres on Gull Rock, off Otter Crest, in the mid-90s May 2011 - and have had several effects. At the time the bald eagle predation began, 15 to 30 April 2011 thousand common murres nested on Colony Rock, approximately 5 miles south of Gull March 2011 Rock, off Yaquina Head. Since the mid-90s, the numbers of common murres on Colony Rock have increased, and this year more than 70,000 common murres attempted to February 2011 breed there. Pitkin said it is believed the increase represents common murres which January 2011 abandoned Gull Rock. December 2010 "Colony Rock may be the densest murre colony in the world now," said Pitkin, "When a November 2010 murre comes Into Colony Rock now, usually It has to land on top of other murres, and October 2010 filter down to the rock . Like standing in a crowded elevator ... there might be up to 50 September 2010 murres per square meter on that rock.' On the margins Brandt's comiorants, a bigger e,,nncr )n+n Should Eagle Nest Locations Be Disclosed? Our local Bald Eagle nest has attracted much attention. On weekends, there may be a dozen or more people watching the nest. Many are serious birders and nature photographers. Others may have seen accounts in the media, but an increasing number are casual passers-by who simply are wondering why so many people are looking up into the trees. They stare in amazement through spotting scopes and borrowed binoculars at the breathtaking views of our living, breathing National Symbol. They return with family members and neighbors. From other nest-watchers they learn of the unique status of this pair of Bald Eagles, whose nest is the first active one to be recorded in Broward County in nearly a half century. The Florida Natural Areas Inventory (FNAI), administered by Florida State University, builds and maintains a comprehensive database of the biological resources of Florida, using a ranking system developed by The Nature Conservancy and the Natural Heritage Program Network. The FNAI measures and evaluates the threats posed to each vulnerable species, based on its status in Florida. The FNAI classifies the Bald Eagle as "demonstrably secure" statewide, but vulnerable to extinction in some restricted local areas of Florida. The Florida FWC publishes the location of all active Bald Eagle nests in the state. As a rule, specific information about the location of the nests of rare or threatened bird species should not be shared with unauthorized individuals. Raptor nests are especially sensitive for several reasons. Raptors have historically been persecuted in the belief that they killed domestic livestock and poultry. Some early bird books classified various species as "good" or "bad," and some hawks were often regarded as belonging in the latter category because they killed chickens and the "good" birds that ate insect pests. In Alaska and parts of the northwest United States, Bald Eagles were shot because fishermen accused them of causing a decrease in salmon. As late as 1953, the Territory of Alaska paid a bounty of fifty cents to two dollars for each pair of eagle feet, and bounty hunting became an important part of the economy. Over 128,000 eagles were killed between 1917 and 1953, when the territorial legislature removed the bounty after it found no evidence that the eagles contributed to the decline of salmon. (Read more at hitp://www.sheldonmuseum.orglchilkatbaldeaglepreeervelhtm) Most raptors are large, and make attractive targets for shooters. Before passage of Migratory Bird Treaty Act of 1918 and other protective legislation, it was not uncommon for hawks to be gunned down by the hundreds for "sport" along ridges during migration. (See A_Guide to the Laws and Treaties of theUnited States for Protecting Migratory Birth ). This practice continues in parts of Latin America. Despite these laws and severe penalties, poachers still shoot hawks and eagles. Although now most falconers use captive- bred birds, some still may illegaly take the young of raptors. Publicizing the location of raptor nests may encourage such illicit activities. In the case of the Pembroke Pines eagles, was it bad for the media to publicly disclose the nest site? Of course, the answer is unknown, as the birds have not finished their nesting cycle. In fact, they are now entering a critical period as the two eaglets gain strength and, within a couple of weeks, will begin walking out on the branches of the nest tree. By late March their parents will start bringing them less food, and even make them scramble or make short flights to be fed. They will lose body weight, making it easier for them to become airborne. Yet, if startled by an unusual disturbance before they are ready to fly freely, they may fall to the ground and face almost certain injury or death. In fact, up to half of newly fledged eagles are said to perish within days of leaving the nest. A multitude of onlookers does create a disturbance. Research has shown that other bird species show stress if humans stare directly at them, rather than giving sideways glances, or if humans walk towards them instead of approaching tangentially or indirectly. While these experiments were done with prey species, and not predators like the eagle, there is no reason to assume that eagles react any differently. In fact, the visual acuity of eagles is about four times greater than that of humans. We have seen both adults and chicks stare back intently as we look at them through binoculars or photograph them. Perhaps they are not expressing fear, but they are clearly aware of our presence. Children may create a disturbance by running and playing nearer to the nest while others are watching. Vehicles and observers who stay inside vehicles, dress in somber colors, or move about less seem to attract less attention. The fact that the eagles nested successfully last year at the present site, only 205 feet from the edge of busy Pines Boulevard, indicates that the birds have developed a degree of tolerance for human activities. Only last week, we observed an eagle roosting quiety in the melaleuca snags to the west of the nest, while excavation with heavy machinery was being carried out only about 100 feet away. Many times, we noted that the sirens of emergency vehicles appeared not to change their behavior. The study by the Middle School students attempts to quantify the relationship between traffic density and proximity of the eagles to the nest. Potentially, public awareness of the active Bald Eagle nest may have some positive effects. These magnificent birds, seen a. such close range, open a window to the natural world for all who stop to look. Many were unaware of threats to the eagles, such as pesticides and habitat loss, and of the laws that protect them. Greater public knowledge and appreciation of the birds may lead citizens to support actions by the local government to increase their protection. http://www.rosyfinch.com/BaldEagleNest2.html .. T . .... . " ., _ . . .Carbon Monoxide so? Colorado Poisoning4 2011 ati g II What you can't see can harm you. Statutes & Regulations • Carbon monoxide is a potentially deadly gas produced any time a carbon- i ..".. .• t.fuel, such as gasoline, propane, charcoal or oil, burns. Sources on your boat include gasoline engines,generators,cooking ranges, and space and water heaters. Cold or poorly tuned engines produce more. ._ .. . t.. - - .. : . -- -•.* 1.. elliStAse - carbon monoxide than warm. properly tuned engines. • Carbon monoxide is colorless,odorless and tasteless and mixes evenly Colorado State PaI'kS with the air. It enters your blood-stream through the lungs and displaces a. the oxygen your body needs. ii • Early symptoms of carbon monoxide poisoning - headache, nausea,wcakness,and dizziness - are often confused with sea-sickness or intoxication. Prolonged exposure to low concentrations or very short exposure to high concentrations can lead to death. . .--- • Each year, boaters are injured or killed by carbon monoxide. The Illustrations below show how carbon monoxide could be affecting you. How can Co accumulate? - . ,.4 S:. I 1 I i \ r • •,T Blocked exhaust outlets Exhaust from another vessel f •• • r � � , :, , . 5t• Slow speeds or idiling '�: . 7 :« r .4.,- "Station wagon effect" j — -lt • .IOW••• a"it . •♦ - Si,•All carbon monoxide poisonings4... ..4...:.�'' ' '' '` ' -�' 'j -U •.�t are preventable! t 'it :Mr IPIMIM DANGER ',-more information contact the US Coast Guard: 'y- CARBN O MONOXIDE vr-rvw.uscgboating.org .. ti I p , Cilaidti‘see 4.-- . 1 If 17:1061 id"! ... I , . Colorado State Parks For more information on Boating Safely courses, please call 303-791-1954 or visit our website. 13787 S . Hwy. 85, Littleton , CO 80125 303-791 - 1954 anArwww.parksstate.co.us/boatingw■p�rks.state.co.us/boating CSP4SK-Into EXHIBIT R4 Your Registration G ° °O , Dollars at Work .. -ie./. 1,...t A. __,.;. :,,, . . _ , • 2009 Accident Statistics Education ^ *,r • A total of 690 Boat Safety Students, 493 proctored & 197 online, • Facilitate Youth & Adult ; . €% # successfully completed the course in 2009. Boating Safety Education :'&kt J �• • The Boat Safety Program attended 18 events attended by nearly `••� ' M° ` '4'i` 55,000 people to promote boating safety in 2009. That doesn't • Evaluate External Boat Safety include the number contacted through print, radio or television Classes for Quality spots. • Provide Water Safety Class & vet A • Of the 15 boating fatalities in 2009, 12 were by drowning. 6 of Skills Training for Water Join Tuthill in those were not wearing their lifejacket. Safety Professionals Colorado waters cafe! • In 2009, alcohol consumption was a factor in 20% of fatal and '' 10% of injury boat accidents. Public Safety Don't Booze and Boat,find a Sober Skipper! • Statewide Lake & River Patrols 2009 State Reportable Boat Accidents • Boat Accident Investigation & Reconstruction • Total Reportable Accidents 111 r. • Participate in Search & Rescue Efforts # of Injury Accidents 70 • Boating Law Administration # of Injuries 82 _ ._, It of Fatal Accidents 14 # of Fatalities 15 Outreach # of Property Damage Only Acc. 27 • Boating Safely Volunteer Program $ of Property Damage $86,025.00 • Safety Days & Media Events • • Talon the Red Tail Hawk Flatwater Reportable Accidents 65 # of Injury Accidents 35 • State Liaison to the US Coast Guard and other # of Injuries 46 # of Fatal Accidents 4 # of Fatalities 4 are you geared lip? # of Property Damage Only Acc. 27 $ of Property Damage $86,525.00 Moving Water Reportable Accidents 45 (Includes Commercial) be pre a I # of Injury Accidents 35 ,, # of Inju ries 35 # of Fatal Accidents 10 mg # of Fatalities 11 i"^ _ , `? # of Property Damage Only Acc. 0 lop _ - . tiY $ of Property Damage $500 enio• emir being safe. I Raptor Res. 33(2):97-101 © 1999 The Raptor Research Foundation, Inc. BALD EAGLE RESPONSE TO BOATING ACTIVITY IN NORTHCENTRAL FLORIDA PETRA BOI-IALl. WOOD West Virginia Cooperative Fish and Wildlife Research Unit, Biological Resources Division, USGS and West Virginia University Division of Forestry, Morgantown, WV 26506-6125 USA. ABSTRACT.—I examined the effects of weekend and weekday boating activity on Bald Eagle (Haliaeetus leucocephalus) use of three lakes in northcentral Florida during 1988-89.On Lake Lochloosa,which had the highest number of boats of the three lakes, boating activity significantly reduced the numbers of all age classes of eagles using the lake (P< 0.025). Increased boating activity on Lake Wauberg was not related to use by eagles (P=0.06) likely because boating activity was concentrated during midday while eagles typically foraged early and late in the day. On Newnan's Lake, the number of eagles observed also was not different between weekends and weekdays (P= 0.20). Weekend boating activity did not relate to perch use,habitat use,interactions or age distribution indicating no alteration of eagle behavior patterns.flush distance did not vary between weekends and weekdays (P=0.96),but did vary by month (P= 0.0001), with a greater flush distance during months with highest boating activity Minimal flush distances (&= 53m) and lack of measurable elects on behavior suggested that eagles in my study area were tolerant of boat disturbance. KEY WORD: Bald Eagle,llaliaeetus leumcephalts; boat disturbance,Florida, human activity. Respucsta de Haliaeetus leucocephalus a actividades de canotaje en el centronorte de Florida RESIMEN.—Examine los efectos de canotaje durance los fines de semana y durance la semana en aguilas calvas (Haliaeetus leurocephalus) en ties lagos del centronorte de Florida durante 1988-89. En el lago t.ochlonsa el trial tiene el mayor ntimero de botes de los tres lagos,las actividades de canotaje redujeron significativamente los numeeos de todas las clases de edad de las aguilas que urilizaron el lago (P C 0.025). El incremento en el canotaje del lago Wauberg no fue relacionado con el uso por pane de las aguilas (P= 0.06), debido a que las actividades de canotaje se concentration durante el medio dia, mientras que las aguilas forrajeaban temprano en la manana o tarde durante el dia.En el lago Newnan, el numbro de aguilas observadas no fire difetente entre los fines de semana y entre semana (P=0.20). Las actividades de canotaje durance el fin de semana no estuvieron relacionadas con la utilization de percha.s, uso de habitat,interaccinnes o distribution de edades In que indict,que no hubo alteraciones en los patrones de comportamiento de las aguilas. Las distancias a las cuales las aguilas levantaban el vuelo no variaron entre fines de semana y entre semana (P= 0.96),pero si entre meses (P= 0.0001), con una mayor distancia de levantamiento de vuelo durante los meses mu mayor canotaje.La distancia de levantamiento de meld minima (1= 53 m) y la falta de efectos medibles en el comportamiento sugieren que las aguilas en ini estudio son tolerances a la perturbation de los bores. ITraduccion de Cesar Marquez] Boating activity can modify foraging patterns of bance than younger eagles (Stalmaster and New- Bald Eagles (Haliaeetus leucocephalus) by reducing man 1978), increasing recreational use of lakes in or even precluding use of foraging areas (Steenhof Florida may pose problems for breeding eagles. In 1976, Stalmaster and Newman 1978, Knight and addition, the dense eagle population in Florida Knight 1984, Chester et al. 1990, McGarigal et al. that exists in close proximity to high levels of his- 1991, Brown and Stevens 1997). McGarigal et al. man activity provided an opportunity to determine (1991) concluded that boating activities restrict use if eagles habituate to human activity. of certain foraging,areas by breeding eagles and I conducted a study to examine the effects of ultimately may affect productivity. Since Bald Ea- boating activity on the use of lake shorelines by gles are easily disturbed when foraging (Grubb and Bald Eagles and addressed the following objectives: King 1991) and adults are more sensitive to distur- (1) to determine if the number of Bald Eagles ob- 97 EXHIBIT pn 100 Woon VOL. 33, No. 2 Lochloosa Lake (1988 = 50, 1989 = 24). There 265 m in winter; McGarigal et al. 1991: 197 m;Stal- may be a threshold number of boats required on master and Kaiser 1998: 111-293 m).Buehler et al. a lake before eagles avoid an area. In contrast, (1991) suggested that the difference in winter and McGarigal et al. (1991) reported a reduction in the summer flush distances observed on the Chesa- use of highly used foraging areas in response to a peake Bay might be a difference in response by the single stationary boat. northern migrant eagles inhabiting the Chesa- No relationship was detected between boat and peake in the winter, compared to the southern mi- eagle numbers on Lake Wauberg.Because this lake grants and Chesapeake eagles present in summer. is used primarily for recreational activities other Because flush distance in my study was very low, than fishing (sailing and canoeing), boat distur- particularly after high boat disturbance in January bance is concentrated during early afternoon with and February, it is possible that eagles habituated little disturbance in the early morning and late to boat disturbance in Florida which contributed evening.This allowed eagles to forage undisturbed to the low summer flush distance observed on the on the lake for several hours when foraging by ea- Chesapeake Bay. Knight and Knight (1984) re- gles generally reaches a peak (Mersmann 1989). ported a decreased tendency for eagles to flush in Further, Lake Wauberg has restricted access for response to a canoe,but could not conclusively at- boats powered with gasoline engines, so distur- tribute the response to habituation.Stalmaster and bance created by a fishing boat is less than that on Kaiser (1998) found decreased flush responses other lakes.The type of boat and timing of boating over the winter season,but no change in flush dis- activity both can affect response by eagles (Grubb tances suggesting some habituation to disturbance. and King 1991, Grubb et al. 1992, Stalmaster and r In summary, boating activity reduced the num- Kaiser 1998). ; ber of eagles using the shoreline on only one of Human disturbance could at times alter behav- the three lakes studied,did not influence flush dis- ior patterns or differentially affect individual age tance, and increased the distance perched from classes (Stalmaster and Newman 1978). In my the shoreline by only 3 m.Thus, at this time,there study, boating activity did not affect eagle activity, was no evidence that recreational boating activity perch use,habitat use,interactions,or the age dis- negatively affected eagle use of these lakes/The tribution of eagles observed. Thus, eagles likely minimal flush distances and the lack of measurable were not displaced from preferred perching or for- I effects on eagle behavior and activity patterns sug- aging areas and were not differentially affected by I gested that many of these birds may have become age class. I habituated to boating disturbance, although they In my study, flush distance did not differ be- still show some avoidance behavior. tween weekends and weekdays. In contrast, Stal-L-- master and Kaiser (1998) found shorter flush dis- AtrwowreoGsMENTs [antes on weekends. I generally found that when Funding for this study was provided by the Nongame eagles responded to boat disturbance the primary Wildlife Program of the Florida Game and Fresh Water response was to avoid the lakes.Similarly,Steenhof Fish Commission through a grant to the University of (1976) and McGarigal et al. (1991) found that it Florida,Department of viWildlife ande Range Sciences.tive Lo- was more common for eagles to entirely avoid ar- Fish Wildlife Research r Unit Research assistants Myra eas where boats were present. I found no differ- Noss and Rick Snlhean spent numerous hours assisting ence in flush distance between age classes. Knight with boat surveys. D.A. Buehler, M.W. Collopy, T,C. and Knight (1984) and Buehler et al. (1991) re- Grubb, and J. Kaufman provided helpful comments on ported no age-specific differences in flush dis- this manuscript This is Scientific Journal Article #2689 lance, whereas Stalmaster and Kaiser (1998) de- of the West Virginia University Agricultural and Forestry Experiment Station. tected longer flush distances by subadults. Stalmaster and Newman (1978) reported that LITERATURE CrtES adults were more sensitive to disturbance than BROWN, B.T. rums L.E. Si LvENs. 1997.Winter Bald Eagle younger eagles and preferred areas with lower hu- distribution is inversely correlated with human activity man activity along the Colorado River, Arizona.J. Raptor Res. 31: Mean flush distance of 53 m was less than that 7_lp_ reported in other studies (Knight and Knight 1984: BUEHLER, D.A., TJ. MERSMANN,J.D. FRASER AND J.K.D. 152 m; Buehler et al. 1991: 175 m in summer and SEEGAR. 1991.Effects of human activity on Bald Eagle acLc&t k +f i EXHIBIT fzv n'tcrcck5 CVUILh7ç ae d D a� • DRAFT RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1778 FOR A RECREATIONAL FACILITY (WATER SKIING LAKE AND CAMPSITE FOR WATER SKIING MEMBERS, ALONG WITH COMMERCIAL HUNTING ON A FEE BASIS) IN THE A (AGRICULTURAL) ZONE DISTRICT - ED ORR, C/O JIM ROTH WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 18th day of May, 2011 , at the hour of 10:00 a. m . , in the Chambers of the Board , for the purpose of hearing the application of Ed Orr, c/o Jim Roth, 22150 County Road 41 , LaSalle, Colorado, 80645, for a Site Specific Development Plan and Use by Special Review Permit #1778 for a Recreational Facility (water skiing lake and campsite for water skiing members, along with commercial hunting on a fee basis) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the NW1 /4 NW1 /4; Part of the S1 /2 NW1 /4; N1 /2 SW1 /4; NW1 /4 SE1 /4 of Section 31 , • Township 6 North , Range 66 West of the 6th P. M. , Weld County, Colorado WHEREAS, at said hearing , the Board deemed it advisable to continue said matter to July 6, 2011 , to allow Ed Orr, c/o Jim Roth adequate time to address the following conditions: 1 ) The applicants shall contact the Poudre River Learning Center to work on possible compromises for co-existence, 2) The applicants shall contact the Central Weld County Water District to come up with a compromise to make it a win-win situation , 3) The applicant shall meet with the Colorado Division of Wildlife regarding the radius from the eagle's nest, and WHEREAS, new testimony from representatives of the Poudre River Learning Center, Central Weld County Water District, Colorado Division of Wildlife, and the general public will be allowed at the July 6, 2011 , meeting , and WHEREAS, at said hearing on July 6, 2011 , the applicant was present/represented by [REPRESENTATIVE], [REP ADDRESS] and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following • reasons: 1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2011 -1228 PL0043 • SPECIAL REVIEW PERMIT # 1778 - ED ORR PAGE 2 - DRAFT 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230. B of the Weld County Code as follows: **TO BE DETERMINED BY THE BOARD** - Due to a recommendation of Denial from the Planning Commission , if approved, the Board will need to specify the appropriate Code Sections below to justify the approval . a. Section 23-2-230. B. 1 -- The proposed use is consistent with Chapter 22 and any other applicable Code provisions or ordinances in effect. b. Section 23-2-230. B.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. c. Section 23-2-230. B. 3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. d . Section 23-2-230. B.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by • Chapter 22 of the Weld County Code, and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. e. Section 23-2-230. B.5 -- The site does not lie within any Overlay Districts. f. Section 23-2-230. B.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. g. Section 23-2-230. B. 7 -- The Design Standards (Section 23-2-240, Weld County Code) , Operation Standards (Section 23-2-250, Weld County Code) , Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Ed Orr, c/o Jim Roth, for a Site Specific Development Plan and Use by Special Review Permit #1778 for a Recreational Facility (water skiing lake and campsite for water skiing members, along with commercial hunting on a fee basis) in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: S1 . The plat shall be amended to delineate the following : a. All sheets of the plat shall be labeled USR-1778. 2011 -1228 PL0043 • SPECIAL REVIEW PERMIT# 1778 - ED ORR PAGE 3 - DRAFT b. The attached Development Standards. c. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. d. The location of all oil and gas facilities shall be shown on the plat, in addition to the setbacks. e. The location of the active Bald Eagle Nest and the seasonal restrictions for human encroachment. f. County Road 62.25 is designated on the Weld County Road Classification Plan as a local gravel road, which requires sixty (60) feet of right-of-way at full buildout. The applicant shall verify the existing right-of-way and the documents creating the right-of-way, and this information shall be noted on the plat. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. g. Access is via an existing access onto County Road 62.25, also known as • "F" Street, and will be gated. The applicant has obtained an Access Permit (AP11-00062) to utilize the existing access for the proposed use. The gate must be placed far enough back from the County roadway to allow for a truck and trailer to completely pull off of the roadway before stopping to open the gate. h. The applicant must show the locations of individual campsites on the site plan, as well as, parking areas for a minimum of 100 vehicles with trailers and any storage areas, boat ramps, and boat docks. The applicant has indicated that there will be no permanent structures associated with this use. Portions of this parcel are located within the Federal Emergency Management Agency (FEMA) mapped Zone A 100-Year Floodplain and the Floodway. The Weld County Code prohibits the construction of buildings within the floodway. Any structures or grading in the floodplain will require a Flood Hazard Development Permit. Due to the hazardous nature of the floodplain and the potential for loss of life and damage to public facilities such as bridges, the campsites and overnight parking cannot be located in the FEMA 100-year floodplain or the floodway. Also, no campsites will be allowed between the river and the lakes, due to the fact that the river banks could be eroded during flood flows. The boundaries of the floodplain and the floodway must be shown on the site plan. Portable boat docks must be anchored, per an engineered design, because the lakes are in the floodplain, and in a flood, the boat docks • could move downstream and block flows (i.e. if they become entangled in a bridge). All temporary structures shall be delineated on the plat, including, yet not limited to: 2011-1228 PL0043 • SPECIAL REVIEW PERMIT# 1778 - ED ORR PAGE 4 - DRAFT (1) The location of individual numbered campsites (2) Parking areas for a minimum of 100 vehicles with trailers (3) Storage areas (4) Boat docks and ramps (5) Boundaries of the FEMA-mapped 100-year Floodplain and the Floodway, as depicted by the 2003 U.S. Army Corps of Engineers Cache La Poudre River Floodplain Study 2. The applicant shall address the requirements/concerns of the U.S. Army Corps of Engineers, as addressed in the referral dated March 9, 2011. The applicant shall provide written evidence to the Department of Planning Services, that the applicant acknowledges the Corps' comments. 3. The applicant shall address the requirements/concerns of the Federal Emergency Management Agency (FEMA) referral dated April 1, 2011. Written evidence that these concerns have been addressed shall be provided to the Department of Planning Services. 4. The applicant shall address the requirements/concerns of the Weld County • Department of Public Works, as addressed in the referral dated April 5, 2011. Written evidence that these concerns have been addressed shall be provided to the Department of Planning Services. 5. The applicant shall address the requirements/concerns of the U.S. Department of Interior, Fish and Wildlife Service, as addressed in the referral dated April 7, 2011. Written evidence that these concerns have been addressed shall be provided to the Department of Planning Services. 6. The applicant shall address the requirements/concerns of the Colorado Division of Wildlife (CDOW), as addressed in the referral dated April 8, 2011. Written evidence that these concerns have been addressed shall be provided to the Department of Planning Services. 7. The applicant shall address the requirements/concerns of the Weld County Department of Public Health and Environment, as addressed in the referral dated April 8, 2011. Written evidence that these concerns have been addressed shall be provided to the Department of Planning Services. 8. The applicant will take into consideration the recommendations of the City of Greeley, as addressed in the referral dated April 7, 2011. Written evidence that these recommendations have been addressed shall be provided to the Department of Planning Services. • 9. The applicant will take into consideration the recommendations of the Town of Windsor, as addressed in the referral dated April 8, 2011. Written evidence that these recommendations have been addressed shall be provided to the Department of Planning Services. 2011-1228 PL0043 • SPECIAL REVIEW PERMIT# 1778- ED ORR PAGE 5 - DRAFT 10. The applicant shall submit written evidence of a permanent water source, for review and approval, to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. Written evidence of approval by the Department of Public Health and Environment shall be provided to the Department of Planning Services. 11. The applicant shall submit written evidence of the installation of a permanent restroom facility. The installation of the restroom will require a septic permit through the Department of Public Health and Environment. Since this is a commercial facility, the septic system must be designed by an engineer and approved by the Board of Health. Written evidence of approval by the Department of Public Health and Environment shall be provided to the Department of Planning Services. 12. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or, show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes may be delineated on the plat, in accordance • with the state requirements, as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. 13. Upon completion of Conditions of Approval #1 though #12, listed above, the applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required, as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 14. In accordance with Weld County Code Ordinance #2006-7, approved June 1, 2006, should the plat not be recorded within the required sixty (60) days from the date the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. 15. The Department of Planning Services respectfully requests a digital file of all drawings associated with the Use by Special Review application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are • .ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 2011-1228 PL0043 • SPECIAL REVIEW PERMIT# 1778 - ED ORR PAGE 6 - DRAFT 16. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of July, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Barbara Kirkmeyer, Chair Weld County Clerk to the Board Sean P. Conway, Pro-Tem BY: Deputy Clerk to the Board William F. Garcia APPROVED AS TO FORM: • David E. Long County Attorney Douglas Rademacher Date of signature: • 2011-1228 PL0043 • DRAFT SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ED ORR, C/O JIM ROTH USR #1778 1. A Site Specific Development Plan and Use by Special Review Permit #1778 is for a Recreational Facility (water skiing lake and campsite for water skiing members, along with commercial hunting on a fee basis) in the A (Agricultural) Zone District and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. • 5. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 6. The applicant shall operate in accordance with the approved Waste Handling Plan, at all times. 7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved Dust Abatement Plan, at all times. 8. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.) Regulations. 9. Recreational Vehicle (RV) units, that have self-contained sewage disposal, shall dispose of sewage at an approved off-site facility. 10. Adequate drinking, handwashing and toilet facilities shall be provided for personnel using the facility. 11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. • 12. A permanent restroom facility shall be provided for the public. 2011-1228 PL0043 • DEVELOPMENT STANDARDS - ED ORR, C/O JIM ROTH (USR #1778) PAGE 2 - DRAFT 13. In the event the facility's water system serves more than 25 persons on a daily basis, the water system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). 14. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code. 15. All potentially hazardous materials, such as fuel, must be stored and handled in a safe manner in accordance with product labeling. 16. The operation shall comply with all applicable rules and regulations of the state and federal agencies and the Weld County Code. 17. The applicant shall be aware the lake water may not meet all water quality standards for natural swimming areas, as defined by the Colorado Department of Public Health and Environment (CDPHE). The Weld County Department of Public Health and Environment strongly encourages the applicant to periodically test the lake water. 18. The applicant shall utilize the existing accesses to the site from County Road 62.25. No new accesses will be granted. • 19. There shall be no campsites or overnight parking located in the FEMA-Mapped 100-year floodplain or in the floodway, due to the hazardous nature of the floodplain and the potential for loss of life. 20. There shall be no campsites or overnight parking located between the Cache La Poudre River and the lakes (Siebring Reservoir), due to the potential for riverbank erosion that occurs during a flooding event. 21. Portable boat docks will require a building permit and a Flood Hazard Development Permit must be obtained prior to the installation of the boat docks. 22. There shall be no parking or staging of vehicles on the County Roads. 23. If noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds pursuant to Chapter 15, Articles I and II, of the Weld County Code. All vegetation, other than grasses, needs to be maintained at a maximum height of twelve (12) inches until the area is completely developed. 24. WARNING: LOT MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Parcel # 080531000063 may not be able to obtain building permits to construct structures. All construction or improvements occurring in the floodplain, as delineated on FEMA FIRM Community Panel Maps#8082660-0609C, dated September 28, 1982, and Map Panel #080266-1504E, • dated June 10, 2005, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code, and all applicable FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. 2011-1228 PL0043 • DEVELOPMENT STANDARDS - ED ORR, C/O JIM ROTH (USR#1778) PAGE 3 - DRAFT 25. Future development occurring within the floodplain shall be in compliance with the floodplain codes in effect at that time. Future development activities located within the FEMA-mapped floodplain will have to obtain the appropriate Flood Hazard Development Permits. 26. Effective January 1, 2003, building permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 27. Effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. 28. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 29. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 30. A building permit shall be obtained prior to the change of use, or construction of any new structures. • 31. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2006 International Residential Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2006 International Fuel Gas Code, 2008 National Electrical Code, and Chapter 29 of the Weld County Code. 32. All building plans shall be submitted to the Windsor-Severance Fire Protection District, for review and approval, prior to the issuance of building permits. 33. All roads within the permitted area shall be all-weather and maintained to allow for emergency responders to have safe and adequate access. 34. Sources of light shall be shielded, so that light rays will not shine directly onto adjacent properties, where such would cause a nuisance, or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected light from any light source, shall create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used, which may be confused with, or construed as, traffic control devices. 35. Hunting on a fee basis is limited to members and their guests. 36. Thirty (30) days prior to the commencement of any hunting activities, the applicant shall notify the Poudre Learning Center to minimize any potential impacts to the users of the Center and the Poudre Trail. • 37. Should noxious woods oxict on tho property, or become established as a result of the proposed dovolopmont, the applicant/landowner shall be responsible for controlling the 2011-1228 PL0043 • DEVELOPMENT STANDARDS - ED ORR, CIO JIM ROTH (USR #1778) PAGE 4 - DRAFT noxious-weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code (DUPLICATE OF#23) 38..Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 39. The-applicant-shall utilize the existing access to the parcel. (DUPLICATE OF#18) 4038. Primary access drives shall be surfaced with gravel, recycled asphalt, or the equivalent, and shall be graded to prevent drainage problems. 4439. The historical flow patterns and runoff amounts will be maintained, on the site, in such a manner that will reasonably preserve the natural character of the area, and prevent property damage of the type, generally attributed to runoff rate and velocity increases, diversions, concentration, and/or unplanned ponding of storm runoff. 4240. All boats, campers, docks, shelters, portable fire pits, picnic tables, duck blinds, decoys, and similar recreational equipment owned by members and guests, of the Eagle Lakes • Water Ski Club and Western Waterfowl Outfitters, shall be removed from the premises at the end of each season. I 4341. Hours of operation for the water skiers shall be from sunrise to sunset, from April 1, through September (Labor Day Monday), unless it is substantiated by the CDOW that the breeding pairs are present on the site. If the latter, Development Standard #42 takes precedence. I 4442. There will be no human encroachment of an active Bald Eagle nest (i.e. camping, motor boating/water skiing, and the construction of a physical object including oil and gas wells, and associated encumbrances) for a distance of one-half mile radius from October 15, through July 31, of any given year based on state and federal guidelines. 4543. The Use by Special Review area shall be limited to the plans shown hereon, and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 4644. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Non-compliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of • County Commissioners. 4745. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the plat. 2011-1228 PL0043 Hello