HomeMy WebLinkAbout20073260.tiff ['t,J TETRA TECH 1900 S.Sunset Street Suite 1-F Longmont CO 80501• Tel:303.772.5282 Poe 303.772-7039
MEMORANDUM
To: Kim Ogle, Planner, Weld County
From: Julie Cozad
Subject: Response letters for General Ecological Resources Survey
Date: July 16, 2007
Enclosed with this memo, please find a response letter from the Department of the Army, Corps
of Engineers regarding a jurisdictional determination for Waterfront at Foster Lake and a letter
from the United States Department of Interior, Fish and Wildlife Service regarding an opinion
for Preble's Habitat. These letters were an Appendix to the enclosed General Ecological
Resources Survey.
Thank you.
•
•
l 2007-3260
•
APPENDIX A
• United States Corps of Engineers Concurrence Request Letter
•
•
rr
QUID ECOLOGY! DIC
• March 10,2006
Terry McKee
U.S.Army Corps of Engineers
Denver Regulatory Office
9307 South Wadsworth Blvd.
Littleton, Colorado 80218-6901
Subject: Jurisdiction Determination,Waterfront at Foster Lake,496 acres in Sections 27
&34,Township 3 North,Range 68 West,and Section 3,Township 2 North,
Range 68 West, Weld County, Colorado. Western Environment and Ecology, Inc.
Project Number:430-001-02.
Dear Mr.McKee:
On behalf of Robyn Odom of The Waterfront at Foster Lake,LLC.,Western
Environment and Ecology, Inc. (Western Environment)seeks jurisdictional status of Foster
Reservoir and the outlet ditch, four southern irrigation reservoirs, and Saint Vrain Creek located
within the boundaries of the subject property(Figure 1). The site has approximate midpoint
UTM(NAD 27)coordinates of 13 501059E 4448266N.
• Currently, the property is in agricultural use.The site abuts Interstate 25 on the east, Saint
Vrain Creek on the south,and agricultural properties on the west and north(Figure 2). The
property encompasses the majority of Foster Reservoir. Weld County Road(WCR)28 bisects
the northern portion of the project,and WCR 7 abuts a portion of the western property boundary.
Wetland habitats were observed along the banks of Foster Reservoir in Section 27,near
the irrigation reservoirs in Section 34, and along Saint Vrain Creek in Sections 3&34. Western
Environment personnel delineated the wetland boundaries on the subject site using a recent aerial
photograph and field observations(Figures 3 &4). These maps were prepared to give the reader
an overall assessment of these resources,and can only be assumed as accurate as the methods
used If development is planned in proximity to these areas, a surveyed delineation will be
performed to either avoid,or quantify, impacts.
On March 6,2006, Western Environment personnel delineated the wetland boundaries on
the property. The methods used were consistent with the U.S.Army Corps of Engineers Wetland
Delineation Manual (USACOE 1987). Wetlands were defined by vegetative,hydrologic, and
soil features,and the data were recorded onto field data sheets (attached).
Soil and hydrologic data were collected at selected sampling points. Wetland soil
indicators included aquatic soil moisture regimes, reducing conditions, and organic streaking.
Information was gathered regarding area water use(i.e. agriculture irrigation and flooding)and
duration of surface saturation during the growing season. Potential hydrologic indicators include
topographic position, presence of standing water and/or saturated soil profile conditions,drainage
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patterns,water marks, sediment deposits,and oxidized root channels in the upper 18 inches of
the soil profile. Soil cores to18 inches were obtained at representative sampling points within the
wetlands to check for indicators of wetland hydrology and soils.
Once wetland vegetation was identified and wetland hydrology and soils were confirmed,
the wetland boundaries were determined and field proofed using a current aerial photograph.
Wetland areas adjacent to Foster Reservoir included homogeneous stands of narrow
leafed cattails(Typha latifolia),and more diversified areas of meadow willows(Salixpetiolaris),
sandbar willows(Salk exigua),and prairie cottonwoods(Populus deltoides). Minor populations
of sedges(Carex sp.)and rushes (Juncus sp.) also occurred. All wetlands associated with Foster
Reservoir were located adjacent to the reservoir and within the flood boundaries.
Western Environment also inspected the areas near the irrigation reservoirs on the
southern portion of the property. Based upon our understanding,water is collected from runoff,
as well as pumped from Saint Vrain Creek, for redistribution on the property. Water generally
flows from one reservoir to the next lower via head gates and pipes,however some dam seepage
was observed Wetland plant indicators along the banks of these reservoirs included reed canary
grass(Phalaris arundinacea),prairie cordgrass(Spartina pectiinata),narrow leaf cattail,prairie
cottonwood, and sandbar willows. Although isolated dense populations of these plant
associations occurred,the majority of the area near the reservoirs were dominated by wheat grass,
kochia, and other weeds and grasses. Upland soil indicators were observed associated with the
• irrigation reservoirs.Based on our assessment, these reservoirs and do not exhibit all three
wetland indicators.
Wetland and riparian areas are located along the banks and flood plain of Saint Vrain
Creek. These areas included the presence of sandbar and meadow willows,prairie cottonwoods,
sparse rushes and sedges, and individual cattail marshes. Significant disturbances within this
area were observed, and are likely the result of nearby gravel mining, agricultural practices,
Interstate 25, and uncontrolled dumping.
Review of the USGS Gowanda Quadrangle indicates that water flows from Foster
Reservoir to an irrigation ditch which is used to irrigate agricultural fields on the subject property
and properties to the east. There is no indication that water from Foster Reservoir flows to a
perennial Waters of the U.S. Foster Reservoir and the associated wetlands and irrigation ditches
may be isolated, and thus not the jurisdiction of the U.S. Army Corps of Engineers(Corps)under
Section 404 of the Clean Water Act.
•
• As always,I look forward to receiving your response. If you have any questions, or
would like to schedule a site visit,please feel free to call.
Sincerely,
Western Environment and Ecology
Brian IL Partington
Project Manager
cc: Robyn Odom,Waterfront at Foster Lake,LLC.
•
•
r EC0L0GYO _ C
March 30,2006
Robyn Odom
TerraVisions,TLC
1745 Shea Center Drive, Suite 310
Highlands Ranch, CO 80129
Subject: Wetlands Determination, The Waterfront at Foster Lake, Weld County,
Colorado.
Dear Ms.Odom
Please find attached one copy of the wetland jurisdictional determination for the Foster
Lake project The only jurisdictional wetlands occur within the Saint Vrain Creek flood plain. It should be noted that if the project impacts jurisdictional wetlands,non-jurisdictional impacts will
also require mitigations per NEPA. If you have any questions,feel free to call:
Sincerely,
k,a_orciTbu_
• BrianR.,Pan5ngtox
Project Manager
hrian@westernenvironmentcom
•
PRONE (303)vao-3 • Paz 13031930-344n
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DEPARTMENT OF TILE ARMY
CORPS OF ENGINEERS,OMAHA DISTRICT
DENVER REGULATORY OFFICE,9307 SOUTH WADSWORTH BOULEVARD
LITTLETON,COLORADO 80128-6901
March 22,2006
Mr.Brian R.Partington •
Western Environment and Ecology,Inc.
2217 West Powers Avenue
Littleton, CO 80120
RE: Approved Jurisdictional Determination,The Waterfront at Foster Lake,LLC
Corps File No.200680143
Dear Mr.Partington:
Mr. Terry McKee of my office has reviewed this project during his March 22,2006,April 27,
2005 and January 26,2001 site visits. This project is located Sections 27 and 34,T3N,R68W,and
Section 3,T2N,R68W,Weld County,Colorado. This review was in accordance with Section 404 of the
Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and
fill material, and any excavation activities associated with a dredged and fill project,into waters of the
United States. Waters of the United States include ephemeral, intermittent and perennial streams,their
surface connected wetlands and adjacent wetlands and certain lakes,ponds,irrigation and drainage
ditches that have a nexus to interstate commerce.
• Under the authority of the Clean Water Act,an approved jurisdictional determination has
determined that the St. Vrain Creek and its riparian wetlands is waters of the U.S. If a proposed activity
requires work in the St. Vrain Creek or its wetlands,a proponent of the project should notify this office
for Department of the Army permits.
Approved jurisdictional determination: Based upon the ruling by the Supreme Court in the
matter of Solid Waste Agency of Northern Cook County v.U.S.Army Corps of Engineers,No.99-1178
(January 9,2001),the Department of the Army's(DA)regulatory authority over isolated,non-navigable,
intrastate waters has been eliminated if the sole nexus to interstate commerce was use of the waters by
migratory birds. It is apparent under the ruling above that the DA does not have the authority to regulate
work in Foster Lake with wetlands,the outlet ditch,the Highline Ditch or the four southern irrigation
reservoirs and the drainage they are on. These areas are not waters of the U.S.and therefore non-
jurisdictional. No Department of the Army permit or other authorization by my office is required for
work in these areas. Although a DA Permit will not be required for work in these areas,this does not
eliminate the requirement that other applicable federal,state,and local permits be obtained as needed.
The attached Jurisdictional Determination form provides the basis of jurisdiction for the St.Vrain
Creek with riparian wetlnads,Foster Lake with wetlands, the outlet ditch,the Highline Ditch and the four
southern irrigation reservoirs and the drainage they are on. This jurisdictional determination is valid for a
period of five years from the date of this letter unless new information warrants revision of the
determination.
•
411. •
This letter contains an approved jurisdictional determination for your subject site. If you object
to the determination,you may request an administrative appeal under Corps regulations at 33 CFR Part
331. Enclosed you will find a Notification of Appeal Process(NAP)fact sheet and Request for Appeal
(RFA)form. If you request to appeal this determination you must submit a completed RFA form to the
Northwestern Division Office at the following address:
Mores Bergman,Appeal Review Officer
US Army Corps of Engineers
Northwestern Division
12565 West Center Road
Omaha,Nebraska 68144-3869
Telephone(402)697-2533 Fax Number(402)697-2538
In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,
that it meets the criteria for appeal under 33 CFR part 331.5,and that it has been received by the Division
Office with in 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be
received at the above address by May 22,2006.
I should inform you that if an Individual Department of the permit is required for a project,
mitigation for non-jurisdictional aquatic areas may be required.
If you have any questions call Mr.Terry McKee at(303)979-4120 and reference Corps File
• No.200680143.
Sincerely,
J . ,
J. Scott Franklin
Chief,Denver Regulatory Office
tm
411
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Applicant: Robyn Odom File Number: 200680143 Date:Mar. 22,2006
Attached is: See Section below
INITIAL PROFFERED PERMIT(Standard Permit or Letter of permission) A
PROFFERED PERMIT(Standard Permit or Letter of permission) g
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERIVI1NATION E
E as . $ �� aSTi'LTIg ks etil7"'Z.. • rJr. 172.1.n . :. a Qptt!)J76 r S ao:4 I I 90 . }ve mppj ",•° xz .s a
decision. Additional information,may ltte t d at l ttp://usace.army.mfttmetUfunctionsfew/ceewo/reg or
`Corps regUlations,at-.33 CMPart 33L .
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to
appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that the
permit be modified accordingly.You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right to
appeal the permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may:(a)
modify the permit to address all of your concerns,(b)modify the permit to address some of your objections,or(c)not modify the
permit having determined that the permit should be issued as previously written. After evaluating your objections,the district
engineer will send you a proffered permit for your reconsideration,as indicated in Section B below.
PROFFERED PERMIT:You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to
appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein,you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date
of this notice, means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish,you may request an approved
JD (which may be appealed),by contacting the Corps district for fiuther instruction. Also you may provide
spew information for further consideration by the Corps to reevaluate the JD.
SECTION II-REQUEST FOR At D;OEIECTIONS TO AN. FROfFE
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
•initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
•
ADDITIONAL INFORMATION:The appeal is limited to a review of the administrative record,the Corps memorandum for the
record of the appeal conference or meeting,and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may rovide additional information to cleai the location of information that is already in the administrative record.
If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact: also contact:
US Army Corps of Engineers
Timothy T.Carey Northwestern Division
Chief,Denver Regulatory Office Attn:Mores Bergman,Appeal Officer
9307 South Wadsworth Boulevard 12565 West Center Road
Littleton,CO 80128 Omaha,Nebraska 68144-3869
(303)979-4120 Telephone(402)697-2533
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government
consultants,to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation,and will have the opportunity to participate in all site investigations.
•
JURISDICTIONAL DETERMINATION Revised 8/13/04
U.S.Army Corps of Engineers
DISTRICT OFFICE: Omaha District Denver Regulatory Office
FILE NUMBER: 200680143
• PROJECT LOCATION INFORMATION:
State: Colorado
County: Weld
Center coordinates of site(latitude/longitude):40 11 12 104 59 12
Approximate.size of area(parcel)reviewed,including uplands:_496 acres.
Name of nearest waterway: St.Vrain Creek
Name of watershed: St.Vrain
JURISDICTIONAL DETERMINATION
Completed: Desktop determination O Date:
Site visit(s) Date(s): 200580164 April 27,05; (200580225)199780079 Jan 26,2001 and March
21,2006
Jurisdictional Determination(JD):
O Preliminary JD-Based on available information,❑there appear to be(or)O there appear to be no"waters of the
United States"and/or"navigable waters of the United States"on the project site. A preliminary JD is not appealable
(Reference 33 CFR part 331).
Approved JD—An approved JD is an appealable action(Reference 33 CFR part 331).
Check all that apply:
O There are"navigable waters of the United States"(as defined by 33 CFR part 329 and associated guidance)within
the reviewed area. Approximate size of jurisdictional area:
0 There are"waters of the United States" (as defined by 33 CFR part 328 and associated guidance)within the
reviewed area. Approximate size of jurisdictional area: 1 acre.
There are "isolated,non-navigable,intra-state waters or wetlands"within the reviewed area.
Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No
Jurisdiction.
BASIS OF JURISDICTIONAL DETERMINATION:
A. Waters defined under 33 CFR part 329 as"navigable waters of the United States":
❑ The presence of waters that are subject to the ebb and flow of the tide and/or are presently used,or have been used in
the past,or may be susceptible for use to transport interstate or foreign commerce.
B. Waters defined under 33 CFR part 328.3(a)as"waters of the United States":
❑ (1)The presence of waters,which are currently used,or were used in the past,or may be susceptible to use in
interstate or foreign commerce,including all waters which are• subject to the ebb and flow of the tide.❑ (2)The presence of interstate waters including interstate wetlands.
• (3)The presence of other waters such as intrastate lakes,rivers,streams(including intermittent streams),mudflats,
sandflats,wetlands,sloughs,prairie potholes,wet meadows,playa lakes,or natural ponds,the use,degradation or
destruction of which could affect interstate commerce including any such waters(check all that apply):
❑ (i)which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑ (ii)from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
O (iii)which are or could be used for industrial purposes by industries in interstate commerce.
❑ (4)Impoundments of waters otherwise defined as waters of the US.
El (5)The presence of a tributary to a water identified in(1)—(4)above.
• (6)The presence of territorial seas.
❑ (7)The presence of wetlands adjacent2 to other waters of the US,except for those wetlands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Determination(applies to any boxes checked above). If the jurisdictional
water or wetland is not itselfa navigable water of the United States,describe connection(s)to the downstream navigable
waters. If BO)or B(3)is used as the Basis of Jurisdiction,document navigability and/or interstate commerce connection
(i.e.,discuss site conditions,including why the waterbody is navigable and/or how the destruction of the waterbody could
affect interstate or foreign commerce).If B(2,4,5 or 6)is used as the Basis of Jurisdiction,document the rationale used to
make the determination.IfB(7)is used as the Basis of Jurisdiction,document the rationale used to make adjacency
determination:The St.Vrain Creek with its riparian wetlands flows to the South Platte River,which is a waters of the
U.S.
Lateral Extent of Jurisdiction:(Reference:33 CFR parts 328 and 329)
El Ordinary High Water Mark indicated by: O High Tide Line indicated by:
O clear,natural line impressed on the bank O oil or scum line along shore objects
❑ the presence of litter and debris ❑ fine shell or debris deposits(foreshore)
❑ changes in the character of soil O physical markings/characteristics
❑ destruction of terrestrial vegetation ❑ tidal gages
❑ shelving ❑ other:
❑ other.
❑ Mean High Water Mark indicated by:
❑survey to available datum; ❑physical markings;❑vegetation lines/changes in vegetation types.
❑ Wetland boundaries,as shown on the attached wetland delineation map and/or in a delineation report prepared by:
•
2
• Basis For Not Asserting Jurisdiction:
❑ The reviewed area consists entirely of uplands.
• Unable to confirm the presence of waters in 33 CFR part 328(axl,2,or 4-7).
Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(a)(3).
El The Corps has made a case-specific determination that the following waters present on the site are not Waters of the
United States:
❑ Waste treatment systems,including treatment ponds or lagoons,pursuant to 33 CFR part 328.3.
❑ Artificially irrigated areas,which would revert to upland if the irrigation ceased.
® Artificial lakes and ponds created by excavating and/or diking dry land to collect and
retain water and which are used exclusively for such purposes as stock watering,irrigation,settling basins,or
rice growing.
❑ Artificial reflecting or swimming pools or other small ornamental bodies of water created
by excavating and/or diking dry land to retain water for primarily aesthetic reasons.
❑ Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for
the purpose of obtaining fill,sand,or gravel unless and until the construction or excavation operation is
abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR
328.3(a).
O Isolated,intrastate wetland with no nexus to interstate commerce.
❑ Prior converted cropland,as determined by the Natural Resources Conservation Service.Explain rationale:
❑ Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale:
® Other(explain):(1)Foster Lake with wetlands is neither adjacent to nor surface connected to waters of the
U.S. It is surrounded by upland with upland vegetation. Foster Lake was built on dry land as an irrigation
reservoir and is artificially filled with water by a ditch. Foster Lake is not open to interstate navigation. (2)the
outlet ditch and(3)Ilighllue Ditch flowing to and out of out of Foster Reservoir does not flow to waters of the
U.S.,these ditches divide into various ditches that terminate in uplands and other irrigation reservoirs
constructed on dry land,of which these reservoirs are not waters of the U.S. The four southern irrigation
reservoirs and the drainage they are on empty via an under ground pipe into a pit isolated from the St.Vtain
Creek. In that regard the four southern irrigation ponds and the drainage which the are on are neither adjacent
to nor surface connected to a waters of the U.S.
• DATA REVIEWED FOR JURSIIIICTIONAL DETERMINATION(mark all that apply):
Xi Maps,plans,plots or plat submitted by or on behalf of the applicant.
NI Data sheets prepared/submitted by or on behalf of the applicant.
▪ This office concurs with the delineation report,dated_March 10,2006 ,prepared by(company):
Western Environment and Ecology,Inc.
❑ This office does not concur with the delineation report,dated ,prepared by(company):
❑ Data sheets prepared by the Corps.
in Corps'navigable waters'studies:
❑ U.S.Geological Survey Hydrologic Atlas:
• U.S.Geological Survey 7.5 Minute Topographic maps:gowanda
▪ U.S.Geological Survey 7.5 Minute Historic quadrangles:
• U.S.Geological Survey 15 Minute Historic quadrangles:
• USDA Natural Resources Conservation Service Soil Survey:
• National wetlands inventory maps:
• State/Local wetland inventory maps:
• FEMA/FIRM maps(Map Name&Date):
• 100-year Floodplain Elevation is: (NGVD)
El Aerial Photographs(Name&Date):Figure 2,3 and 4 June 6,2005
Ei Other photographs(Date):unknown
• Advanced Identification Wetland maps:
❑ Site visit/determination conducted on: April 27,05; Jan 26,2001 and March 21,2006
❑ Applicable/supporting case law:
❑ Other information(please specify):
`Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual(87 Manual)(i.e.,
occurrence of hydrophytic vegetation,hydric soils and wetland hydrology).
'The teen"adjacent"means bordering,contiguous,or neighboring. Wetlands separated from other waters of the U.S.by man-made dikes or
barriers,natural river berms,beach dunes,and the like are also adjacent
•
•
APPENDIX B
Request to the U.S. Fish and Wildlife
for opinion of potential for Preble's Habitat
•
•
ECOLOOTZ
• March 10,2006
Susan Linner
U.S. Fish and Wildlife Service
Ecological Services
Colorado Field Office
P.O. Box 25486,DFC(MS 65412)
Denver, Colorado 80225-0486
Subject: Preble's Meadow Jumping Mouse Occurrence Opinion,Waterfront at Foster
Lake,496 acres in Sections 27 &34,Township 3 North,Range 68 West, and
Section 3, Township 2 North,Range 68 West, Weld County, Colorado. Western
Environment and Ecology,Inc. Project Number. 430-001-02.
Dear Ms.Lipner:
On behalf of Robyn Odom of The Waterfront at Foster Lake,LLC.,Western
Environment and Ecology, Inc. (Western Environment) seeks the opinion of the Service as to the
potential of occurrence of Preble's on the property,specifically near Foster Reservoir and the
associated irrigation ditches,four southern irrigation reservoirs, and Saint Vrain Creek located
within the boundaries of the subject property(Figure I). The site has approximate midpoint
• UTM(NAD 27)coordinates of 13 501059E 4448266N.
Currently, the property is in agricultural use.The site abuts Interstate 25 on the east, Saint
Vrain Creek on the south,and agricultural properties on the west and north(Figure 2). The
property encompasses the majority of Foster Reservoir. Weld County Road(WCR)28 bisects
the northern portion of the project,and WCR 7 abuts a portion of the western property boundary.
Riparian and wetland habitat adjacent to Foster Reservoir included homogeneous stands
of narrow leafed cattails (Typha latifolia), and more diversified areas of meadow willows(Salix
petiolaris), sandbar willows(Salix exigua), and prairie cottonwoods(Populus deltoides). Minor
populations of sedges(Cat-ex sp.)and rushes(Juncus sp.)also occurred. Thick under story was
observed which could potentially provide cover for Preble's. All wetlands associated with Foster
Reservoir were located adjacent to the reservoir and within the flood boundaries. Foster
Reservoir is filled and drained by irrigation ditches.
Western Environment also inspected the areas near four irrigation reservoirs on the
southern portion of the property. Based upon our understanding,water is collected from runoff,
as well as pumped from Saint Vrain Creek, for redistribution on the property. Water generally
flows from one reservoir to the next lower via head gates and pipes,however some dam seepage
was observed. Wetland plant indicators along the banks of these reservoirs included reed canary
grass(Phalaris arundinacea),prairie cordgrass(Spartinapectinata),narrow leaf cattail,prairie
cottonwood, and sandbar willows. Although isolated dense populations of these plant
associations occurred,the majority of the area near the reservoirs were dominated by wheat grass,
• 2217 WEST POWERS AVENUE•LITTON, COLORADO 30120
PHONE(303)730-3453 •F (303)730-3401
wvirw.wmaS c ninancom
•
kochia,and other weeds and grasses. Under story in near these reservoirs was not as developed
as that near Foster Reservoir.
Wetland and riparian areas are located along the banks and flood plain of Saint Vrain
Creek. These areas included the presence of sandbar and meadow willows,prairie cottonwoods,
sparse rushes and sedges,and individual cattail marshes. Under story near the creek was not well
developed, and likely disturbed by flooding,nearby gravel mining,agricultural practices,
Interstate 25, and uncontrolled dumping.
At this time,Western Environment seeks the opinion of the Service as to the potential for
the presence of Preble's on the property, specifically near Foster Reservoir and associated
irrigation ditches,the four irrigation reservoirs on the southern portion of the site, and Saint
Vrain Creek. Future development of the property may be in proximity to the flood plains of
Foster Reservoir and Saint Vrain Creek. Additionally,redevelopment of the four small irrigation
reservoirs into storm water detention facilities is possible.
As always,I look forward to receiving your response. If you have any questions, or
would like to schedule a site visit,please feel free to call.
Sincerely,
• Western Environment and Ecology
Brian R Partington
Project Manager
cc: Robyn Odom, Waterfront at Foster Lake,LLC.
•
April 12,2006
Terra Visions,LLC. ,
, Robyn( oom
_ 1745 Shea Getter Drive4 Suite 310 h !
- ) " highlands!lancI Co80129 ,
' Subject: ' Preble's Exclusion Letter,Waterfront atFoster Lake Project Western '
' I ; Environment and Ecology,Inc.Project Number 430-001-02. '
Dear Ms.Odom, ,- • '
, Please find attached a copy of the p.s.Fish aixi Wildlife'Service opinion,letter indicating -
the subject property is not Preble's meadowjumping mouse habitat Please note that this
clearance letter isvalid for one,year from date of issue(March 31,'2007): If work begins after '
that date,an update to this cleantnce will be required:• -
, - , '
i
If you have any questions,please feel free to call -
, - Sincerely, (
•
Western Enymonmen'and Ecology,Inc, - .
( / �s I - F p /
Brian R.Parhppton ,
ProjectIM eager '
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United States Department of the Interior
•�- _.= FISH AND WILDLIFE SERVICE
a Ecological Services
Colorado Field Office
P.O.Box 25486 DFC(65412)
Denver,Colorado 80225-0486
IN REPLY REFER TO:
ES/CO: T&E/PMJM/Other
Mail Stop 65412
MAR 3 12006
Brian R. Partington
Project Manager
Western Environment and Ecology,Inc.
2217 West Powers Avenue
Littleton, Colorado 80120
Dear Brian Partington:
This responds to your letter of March 10,2006 requesting the Service's opinion as to the
presence of Zapus hudsonius preblei(Preble's)on the Waterfront at Foster Lake property
in Weld County,Colorado. These comments are provide under the authority conferred to
the U.S.Fish&V/ildlife Service(Service)by the Endangered Species Act of 1973 (ESA),as
amended(16 U.S.C. 1531 et seq).
There has been trapping conducted in this vicinity,along the Saint Vrain, with no success. It
is our opinion that a population of Preble's is not likely to be present in the area. The
• Service,therefore,concludes that the proposed project should have no direct adverse effects
to Preble's or Preble's habitat. Thus this site is disqualified for consideration under
provisions of the ESA. However,if any of the development work affects the wetlands at the
site,a Corps of Engineers permit will be required.
On February 2,2005 the U. S.Fish and Wildlife Service issued a 12-Month finding on a
petition to delist Preble's. Because of the complexity involved,the Service has extended its
original proposal,to delist Preble's,for six months. Until a final determination is made,
Preble's remains protected as a threatened species under ESA.
Please note that this clearance is valid for one year from the date of this letter. Should
additional information regarding listed or proposed species become available,this
determination may be reconsidered. If the proposed project has not commenced within one
year,please contact the Colorado Field Office to request a clearance extension.
If we can be of further assistance,please contact Adam Misztal,of my staff; at(303)236-
4753 or at email: adam_misztal@fws.gov_
•
Page 2
Sincerely,
►
Susan C. Linner
Colorado Field Supervisor
cc: Misztal
•
•
•
•
1
GENERAL ECOLOGICAL RESOURCES SURVEY
Water Front at Foster Lake
496 Acres in Sections 27 & 34,
Township 3 North, Range 68 West,
and Section 3 , Township 2 North, Range 68 West,
Weld County, Colorado
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PREPARED FOR:
The Waterfront at Foster Lake, LLC.
1745 Shea Center Drive, Suite 310
Highlands Ranch, Colorado 80129
WESTERN ENV I RONMENT AND ECOLOGY, INC.
2217 West Powers Avenue
Littleton, Colorado 80120
(303) 730 3452 (phone)
(303) 730-3461 (fax)
westernit@aol.com (email)
westernenvironment.com (web)
•
• GENERAL ECOLOGICAL RESOURCES SURVEY
Water Front at Foster Lake
496 Acres in Sections 27 & 34,
Township 3 North, Range 68 West,
and Section 3, Township 2 North, Range 68 West,
Weld County, Colorado
March 10,2006
PREPARED FOR:
The Waterfront at Foster Lake, LLC.
1745 Shea Center Drive, Suite 310
Highlands Ranch,Colorado 80129
Western Environment and Ecology,Inc.
Project Number: 171-017-02
Prepared by: Reviewed by:
Brian R.Partington Greg D. Sherman P.G.
Project Manager President
WESTERN ENVIRONMENT AND ECOLOGY, INC.
2217 West Powers Avenue
Littleton, Colorado 80120
(303) 730 3452 (phone)
(303) 730-3461 (fax)
westernit@aol.com (email)
westernenvironment.com (web)
•
TABLE OF CONTENTS
• 1.0 INTRODUCTION 1
2.0 STUDY AREA 2
3.0 METHODS 5
4.0 RESULTS AND DISCUSSION 6
4.1 Wetlands 6
4.2 Species Eliminated from Consideration 12
4.3 Species Included in Survey 12
Western Burrowing Owl 12
Bald Eagle 13
Mountain Plover 13
Preble's Meadow Jumping Mouse 14
Black-tailed Prairie Dog 14
Ute Ladies'-Tresses Orchid 15
Other Wildlife 15
4.4 Weld County Comprehensive Plan 16
5.0 CONCLUSIONS AND RECOMMENDATIONS 17
6.0 LITERATURE CITED 18
• FIGURES
FIGURE 1 Site Location Map 3
FIGURE 2 Site Map 4
FIGURE 3 Northern Wetland Map 7
FIGURE 4 Southern Wetland Map 8
TABLES
TABLE 1 Threatened and Endangered Species of Weld County 5
APPENDICES
APPENDIX A USACOE CONCURRENCE LETTER
APPENDIX B USFWS PREBLE'S OPINION LETTER
I
General Ecological Resource Survey -The Waterfront at Foster Lake. Weld County, Colorado Page -1-
• 1.0 INTRODUCTION
Western Environment and Ecology, Inc. (Western Environment) was retained by Ms.
Robyn Odom of The Waterfront at Foster Lake, LLC. to conduct a general survey of ecological
resources, including threatened and endangered species, wetlands, and other significant habitats,
within 496 acres in Sections 27 & 34, Township 3 North, Range 68 West, and Section 3,
Township 2 North, Range 68 West, Weld County, Colorado. Ms. Odom indicated that the
property is undergoing an ownership transfer.
The objectives of this study were to (1) establish presence/absence and potential habitat
of any federal or state threatened and endangered species, (2) identify any wetlands or other
ecologically sensitive areas, and (3) make practical recommendations based on the results of the
study.
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Wetland and riparian habitats adjacent to Foster Reservoir
Wester n Environment and E . ° l o g y , I n c .
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General Ecological Resource Survey Watertront It Foster I.au.t1/4,1c1(()Wit\ olorado Page-2-
• 2.0 STUDY AREA
The property encompasses 496 acres in Sections 27 & 34, Township 3 North,Range 68
West,and Section 3,Township 2 North, Range 68 West, Weld County, Colorado(Figure 1). At
the time of the inspection,the subject site was in agricultural use. The site abuts Interstate 25 on
the east, Saint Vrain Creek on the south, and agricultural properties on the west and north(Figure
2). The property encompasses the majority of Foster Reservoir. Weld County Road (WCR)28
bisects the northern portion of the project, and WCR 7 abuts a portion of the western property
boundary. Five single family residences with outbuildings occur on the site. The Anderson Farm
headquarters is located at 3528 WCR 28. This area contains one single family residence, a
garage, a truck scale, a shop, two barns, and a cattle feedlot. An equipment storage area and
silage pits are north of WCR 28. The southern portion of the property contains an abandoned
home and a storage building. The remainder of the property was developed for agricultural
production. Fields were alternately cultivated with hay, or were lying fallow. Fallow fields were
most recently used to grow corn. One main,and several localized irrigation ditches occur on the
• property, as well as six natural gas production facilities.
According to the USGS Gowanda Quadrangle,the site occurs at an elevation between
4,835 to 4,965 feet. Topography is variable, ranging from gentle in the northern portion of the
property,to moderate near Saint Vrain Creek. Geology includes alluvial sands and gravels
deposited by Saint Vrain Creek in the southern portion of the site, and eolian clays, silts and
sands in the northern portion, all underlain by the Upper Unit of the Cretaceous Age Pierre Shale
(Tweto, 1979).
ester r ., E ., .. o .. ... e ., a n d Ego i oB y , Inc.
•
General Ecological Resource Survey-fhe Waterfront at Foster Luke.Weld Counts..Colorado Page-5-
• 3.0 METHODS
Species that are federally or state listed as threatened or endangered, including federally
proposed and candidate species,occurring or having historically occurred in Weld County were
considered for this study(Table 1). The county classification was determined by following the
Colorado Field Office of the U.S. Fish and Wildlife Service's county checklist(USFWS,2002).
The list was narrowed based on habitat requirements of the species relative to existing habitats
on the property.
The property was surveyed on March 6, 2005. Information was collected on topography,
ecosystems,and species of flora and fauna found on and adjacent to the property. Photographs
were taken,and emphasis was placed on potential habitat of threatened and endangered species,
and the presence of wetlands.
Table 1. Common name,scientific name,and status of federal and state threatened and endangered species that
could occur or historically occurred in Weld County,Colorado(CDOW,2003;USFWS,2003).
Common Name Scientific Name Status'
• Birds
Bald eagle Haliaeetus leucocephalus FT,ST
Whooping crane Grus americana tabida FE,SE
Least Tern Sterna antillarum FE, SE
Eskimo curlew Numenius borealis FE, SE
Western burrowing owl Athene cunicularia ST
Piping plover Charadrius melodus FT, ST
Mexican spotted owl Strix occidentalis lucida FT, ST
Mammals
Black-footed ferret Mustela nigripes FE,SE
Preble's meadow jumping mouse Zapus hudsonius preblei FT, ST
Black-tailed prairie dog Cynomys ludovicianus SC
Plants
Ute ladies'-tresses Spiranthes diluvialis FT
Colorado butterfly plant Gaura neomexicana coloradensis FT
'Status Codes
FE=Federally Endangered,FT =Federally Threatened,FPT=Federally Proposed as Threatened,FC=Federal
Candidate,SE=State Endangered,ST=State Threatened,SC=State Concerned
Wester n E ,, , r onmen t and Eoo rogy , Inc.
•
General Ecological Resource Survey-1 he 1Va,rnont ut Cu.ier Luke.Weld Counn_Colorado Page -6-
• 4.0 RESULTS AND DISCUSSION
4.1 Wetlands
Wetland and riparian habitats were observed along the banks of Foster Reservoir in
Section 27, near the four irrigation reservoirs in Section 34, and along Saint Vrain Creek in
Sections 3 & 34. Western Environment personnel delineated the wetland boundaries on the
subject site using a recent aerial photograph and field observations(Figures 3 &4). These maps
were prepared to give the reader an overall assessment of these resources,and can only be
assumed as accurate as the methods used. If development is planned in proximity to these areas, a
surveyed delineation should be performed to either avoid, or quantify, impacts.
On March 6, 2006, Western Environment personnel delineated the wetland boundaries on
the property. The methods used were consistent with the U.S. Army Corps of Engineers Wetland
Delineation Manual(USACOE 1987). Wetlands were defined by vegetative, hydrologic, and
soil features, and the data were recorded onto field data sheets (Appendix A).
Soil and hydrologic data were collected at selected sampling points on the subject site.
• Wetland soil indicators included aquatic soil moisture regimes, reducing conditions, and organic
streaking. Information was gathered regarding area water use(i.e.agriculture irrigation)and
duration of surface saturation during the growing season. Potential hydrologic indicators include
topographic position, presence of standing water and/or saturated soil profile conditions, drainage
patterns, water marks, sediment deposits, and oxidized root channels in the upper 18 inches of
the soil profile. Soil cores to18 inches were obtained at representative sampling points within the
wetlands to check for indicators of wetland hydrology and soils.
Once wetland vegetation was identified and wetland hydrology and soils were confirmed,
the wetland boundaries were determined and field proofed using a recent aerial photograph.
Wetland boundaries generally follow changes in vegetation and/or contour lines. Typical
wetland plant species (wetland indicator species) were referenced in the National List of Plant
Species that Occur in Wetlands, Region 4, 5, and 8, prepared by Resource Management Group,
Inc. (1994). Species were classified as OBL (obligate wetland species), FACW(facultative
wetland species), FAC (facultative species), FACU(facultative upland species),or UPL(upland
Wester n En ,, , ronrnenc and Ecology , Inc.
•
General Ecological Resource Survey -The Waterfront at Foster Lake, Weld County. Colorado Page -9-
• species). A or negative sign may be used to more accurately define frequency of
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occurrence in wetlands.
Wetland areas adjacent to Foster Reservoir included homogeneous stands of narrow
leafed cattails (Typha latifolia), and more diversified areas of meadow willows (Salixpetiolaris),
sandbar willows (Salix exigua), and prairie cottonwoods (Populus deltoides). Minor populations
of sedges (Carex sp.) and rushes (Juncus sp.) also occurred. All wetlands associated with Foster
Reservoir were located adjacent to the reservoir and within the flood boundaries.
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Irrigation Reservoir, not adjacent weeds and grasses
Western Environment also inspected the areas near the four irrigation reservoirs on the
southern portion of the property. Based upon our understanding, water is collected from runoff,
as well as pumped from Saint Vrain Creek, for redistribution by pumping to the property. Water
generally flows from one reservoir to the next lower via head gates and pipes, however some
dam seepage was observed. Existing roads occur between the middle reservoirs. Wetland plant
indicators along the banks of these reservoirs included reed canary grass (Phalaris arundinacea),
prairie cordgrass (Spartinapectinata), narrow leaf cattail, prairie cottonwood, and sandbar
Western Environment and E . o l o g y , I n c .
•
General Ecological Resource Survey -The Waterfront at Foster Lake, Weld County. Colorado Page -10-
1111 willows. Although isolated dense populations of theseplant associations occurred, the majority
P P J tY
of the area near the reservoirs were dominated by western wheat grass, kochia, and other weeds
and grasses. Upland soil indicators were observed associated with the irrigation reservoirs, likely
the result of unnatural conditions in their construction. There appears to be a nexus from the
outfall of the reservoirs to Saint Vrain Creek.
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Western Environment and EcotogYfInc .
II
General Ecological Resource Survey -The Waterfront at Foster Lake, Weld County, Colorado Page -1 1-
• Wetland and riparian areas are
located along the banks and flood plain of
A-
Saint Vrain Creek. These areas included the
presence of sandbar and meadow willows,
prairie cottonwoods, sparse rushes and , .
sedges, and individual cattail marshes.
Significant disturbances within this area r,; , :_ "
were observed, and are likely the result of
nearby gravel mining, agricultural practices,
Interstate 25, and uncontrolled dumping. K `.
Review of the USGS Gowanda Riparian habitat along St. Vrain Creek
Quadrangle indicates that water flows from
Foster Reservoir to an irrigation ditch which is used to irrigate fields on the subject property and
properties to the east. There is no indication that water from Foster Reservoir flows to a
perennial Waters of the U.S. It is the opinion of Western Environment that Foster Reservoir and
111 the associated wetlands and irrigation ditches may be isolated, and thus not the jurisdiction of the
U.S. Army Corps of Engineers (Corps) under Section 404 of the Clean Water Act.
Wetlands and riparian habitat within the Saint Vrain Flood plain are likely jurisdictional.
The irrigation reservoirs appear to have a nexus to Saint Vrain Creek, which potentially makes
the reservoirs jurisdictional. However, the plant associations and soil conditions along the banks
do not meet all the criteria of a wetland. It may be that the Corps will claim jurisdiction of the
high water marks of the reservoirs and water paths, but not the wetlands. A letter was sent to the
Corps seeking Jurisdictional Determination of the wetlands on the Anderson Farm (Appendix A).
Ms. Odom indicated that the southern irrigation reservoirs may be redeveloped into storm
water detention facilities, or removed. Should the Corps claim Jurisdiction of these areas,
potential impacts would be subject to permitting under Section 404 of the Clean Water Act, and
mitigation to impacts would be required. Western Environment encourages that impacts be
avoided or minimized wherever possible to Jurisdictional wetlands and/or water bodies.
Western Environment and Eco l o g y , I n a .
•
General Ecological Resource Survey -The Waterfront at Foster Lake, Weld County, Colorado Page -12-• 4.2 Species
Eliminated From Consideration
The following threatened and endangered species that have been historically thought to
occur in Weld County were immediately ruled out of serious consideration for this property
based on available habitat: Mexican spotted owl, Eskimo curlew, whooping crane, black-footed
ferret, and Colorado butterfly plant.
The Mexican spotted owl was eliminated because it requires forests that are not present
on the property. Eskimo curlew was eliminated from consideration because sightings in
Colorado are extremely rare, and it is near extinction (Andrews and Righter, 1992). The
whooping crane was also eliminated due to rarity in Colorado, and no known nesting or feeding
habitat exists on or adjacent to the property. Less than 20 sightings of whooping cranes along the
eastern plains and mountainous regions of Colorado have been recorded since 1931 (Andrews
and Righter, 1992). The black-footed ferret was eradicated from Weld County and has not been
reintroduced. The Colorado butterfly plant has only been found in northern Larimer County in
recent years and is generally associated with streams that do not exist onsite (Colorado Native
Plant Society 1997). Therefore, it would not be expected on the subject property.
•
43 Species Included in Survey
Western Burrowing Owl (Athene cunicularia) prig
State Threatened
The burrowing owl is found primarily in eastern Colorado
as a summer resident. Two aspects of the biology of the western .
burrowing owl appear to influence both its regional and local - _, •
•
'
abundance: 1) it prefers areas of short vegetation, and 2) it rarely, Ss
if ever, digs its own burrows. Historically, burrowing owls were
common wherever there wereprairie dog colonies in northeastern _ _"' =�-
Colorado. Two areas on the property were found to contain .
prairie dos These areas were near and west of the abandoned 'k '
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home on the southern portion of the property, and east of the /Western burrowing owl, photo
cattail marsh at the northeast corner of the property. The acquired on www.corbis.com.
• Western Environment and Ecology , Inc .
General Ecological Resource Survey-1 he Waterfront at foster I_aka Weld Count,.Culorudo Page -13-
• burrowing owl is most often seen in Colorado during the summer months. No burrowing owls
were seen associated with the site at the time of this survey. A burrowing owl survey will be
required if work is planned in prairie dog colonies during nesting season (March 1 to November
1).
Bald Eagle(Haliaeetus leucocephalus)
Federally Threatened, State Threatened
No bald eagles or nests were observed on or near the property. According to the
Colorado Division of Wildlife(CDOW), no bald eagle nests are known to occur on or near the
Anderson Farm. However,the CDOW does consider Saint Vrain Creek and Foster Reservoir as
likely eagle foraging areas.
Mountain Plover(Charadrius montanus)
State Concerned Species
Typical habitat characteristics of the mountain plover are a mixture of short vegetation,
• bare ground, and a flat topography at both breeding and wintering locations. This small
shorebird breeds in Colorado, and in parts of its breeding range the species commonly shows a
preference for prairie dog towns and sites that are heavily grazed by domestic livestock. Prairie
dog grazing promotes the short grasses that the plover prefers, and their digging creates areas of
bare soil important for plover nesting. Mountain plovers were proposed for federal listing as
threatened on February 16, 1999 (USFWS, 1999b), however the U.S. Fish and Wildlife Service
withdrew the proposal on September 8,2003. The mountain plover is a migratory bird and
protected under the Migratory Bird Treaty Act. Harassment or destruction of the species or its
nest is a federal offense. Therefore, to insure avoidance of the species, development within
grazed sites or prairie dog colonies should begin during plover non-breeding months. Prairie dog
colonies located on the property that could provide adequate habitat were observed on the site.
Mountain plovers breed in Eastern Colorado from approximately April 1s`through August 1s`.
No mountain plovers or their nests were observed on the property.
• Wester n E ,. , r on ,nen t and Ecology , Inc.
General Ecological Resource Survey -The Waterfront at Foster Lake, Weld County, Colorado Page -14-
Preble's Meadow Jumping Mouse (Zapus hudsonius preblel)
P g
Federally Threatened, State Threatened
Typical Preble's habitat has been described as "well-developed plains riparian vegetation
with relatively undisturbed grassland and a water source in close proximity," and "dense
herbaceous vegetation consisting of a variety of grasses, forbs and
thick shrubs" (Armstrong et al., 1997). Although any vegetation
could offer cover and hibernacula for Preble's, the species is `
mostly known from habitat containing shrub cover, such as ,
willow or narrow-leaf cottonwood. Riparian habitats were , _ � � r
4 , r
observed near Foster Reservoir and Saint Vrain Creek. Currently, i . '�
• , . , at.
the U.S. Fish and Wildlife Service is reviewing the status of the ` ' ,,
"
Preble's mouse, and proposes to remove the Preble's mouse from
the endangered species list. A final decision is expected in mid
•
2006. The most current genetic testing of Preble's and other t;
f,
similar species indicate that Preble's is a distinct subspecies I ,r.
• (King, et al., 2006), and it likely it will maintain it's protected Preble's meadow jumping mouse
status after the review period expires. It is the opinion of Western
Environment that potential Preble's habitat occurs on the property near Saint Vrain Creek.
Habitat may also be located along Foster Reservoir, however due to its generally isolated status,
it may not be ideal. A letter was sent to the U.S. Fish and Wildlife Service (FWS) requesting an
opinion letter as to the potential for Preble's to inhabit the property (Appendix B). Should the
FWS conclude that areas of the property are indeed Preble's habitat, a habitat conservation plan
will likely be required if disturbances occur withing 300 feet of the 100 year flood plain in areas
determined to by critical Preble's habitat.
Black-tailed Prairie Dog (Cynomys ludovicianus)
Former Candidate for Federal Listing, State Concerned
The U.S. Fish and Wildlife Service was petitioned to list the black-tailed prairie dog as a
threatened species in July of 1998. The agency determined on February 3, 2000, that listing the
Western Environment and Ecology , I n c .
•
General Ecological Resource Survey-Ihe waierLrunt at foster I aL .Wield C'Lin n. oku Page-15-
species was warranted, but it is precluded by other species in greater need of protection (USFWS,
2000). The black-tailed prairie dog was added to the candidate list, and the species' status was
reviewed annually. On August 12, 2004 the USFWS determined that the black-tailed prairie dog
no longer meets the Endangered Species Act definition as threatened, and was removed as a
candidate for federal listing. Prairie dog colonies were observed on the northeast corner of the
property,and the south near the abandoned homestead.
Ute Ladies'-Tresses Orchid (Spiranthes diluvialis)
Federally Threatened
This orchid usually occurs in"...old stream channels, alluvial terraces, wet meadows, and
other sites where the soil is saturated to within 18" of the surface at least temporarily during the
growing seasons"(USFWS, 1992). The two eastern Colorado populations of species are located
in mesic riparian meadows in relict tall grass prairie areas near Boulder Creek in Boulder County,
Colorado, and in mesic meadows in the riparian woodland understory along Clear Creek in
Jefferson County, Colorado(USFWS 50 CFR Part 17). Although suitable habitat is located near
• Saint Vrain Creek, no Spiranthes were observed. The riparian areas along Saint Vrain Creek
were significantly disturbed by past gravel mining operations, uncontrolled dumping, agricultural
operations and Interstate 25. It is the opinion of Western Environment that Spiranthes is unlikely
inhabiting the subject property. However, orchid surveys are required in Boulder and Jefferson
Counties, and in the 100-year flood plains and perennial tributaries of the South Platte River,
Fountain Creek, and the Yampa Riven if construction is expected to impact these areas(USFWS
1992).
Other Wildlife
Waterfowl was observed using Foster Reservoir.
\Neate r n E ., ,, i r o ., r„ Q .,at a a n E00 ' og y , I aa.
•
General Ecological Resource Survey he Waterfiont at Poster lake.Weld County_Colorado Page -16-
• 4.4 Weld County Comprehensive Plan
The Weld County Comprehensive Plan, Section 22-5-20, indicates that portions of the
Anderson Farm have been designated"important wildlife habitat areas." These areas include
along Saint Vrain Creek and extend north along Interstate 25, and along Foster Reservoir and
east to Interstate 25. Although Western Environment generally agrees with the assessment and
the rational of the Section,the map does not appear to be an accurate description of the wildlife
areas. The majority of the property is in agricultural use. Quality wildlife habitat was observed
to be concentrated within the areas immediately surrounding Foster Reservoir, and the
riparian/wetland areas associated with Saint Vrain Creek and its flood plain. Areas outside of the
Saint Vrain and Foster Reservoir flood plains have been extensively cultivated, and do not
provide adequate natural upland buffers. As a result of the agricultural uses, it is the opinion of
Western Environment that critical wildlife habitat related to the site are isolated to within the
flood plains of Foster Reservoir and Saint Vrain Creek.
•
Western En vi r onr ent and E0l ogy , Inc.
•
General Ecological Resource Survey-[he Waterfront at Foster Lake,Weld County,Colorado Page-17-
• 5.0 CONCLUSIONS AND RECOMMENDATIONS
The following presents Western Environment and Ecology, Inc.'s assessment of the
ecological resources of the property
• Bald eagles may be using Foster Reservoir and Saint Vrain Creek for foraging. However,
no known nests occur on the site or immediate area.
• No Western Burrowing Owls or Mountain Plovers were observed. A survey of the prairie
dog colonies will be required to verify that these species are not nesting on the property
if work begins in those areas from March 1 to November 1.
• Riparian areas along Foster Reservoir and Saint Vrain Creek are potential Preble's
meadow jumping mouse habitat. An opinion letter was sent to the U.S.Fish and Wildlife
Service about the potential for Preble's to inhabit riparian and wetland areas on the site.
• No Ute Ladies'-Tresses Orchids were observed. However, the Saint Vrain Creek flood
plain is potential habitat. If future work is planned in this area, an Orchid survey may be
required.
Significant wildlife habitats on the property include the areas within the riparian
• ecosystems along the flood plains of Foster Reservoir Saint Vrain Creek. Saint Vrain Creek is a
potentially valuable wildlife corridor, allowing for the unhindered movement of wildlife.
Although Foster Reservoir is relatively isolated and does not provide for the ideal movement of
wildlife, it is a significant habitat for waterfowl, and potentially bald eagles. Western
Environment recommends that these areas be integrated into the future development plans of the
site,and that disturbances be avoided or minimized. Both areas provide aesthetic value and
wildlife preservation opportunities.
Significant disturbances in the past have occurred within the Saint Vrain Creek flood
plain. Impacts to jurisdictional wetlands on the property could potentially be mitigated with
restoration/enhancement of this area.
A concurrence letter is expected from the U.S.Army Corps of Engineers with regards to
the jurisdictional status of Foster Reservoir and irrigation ditch,the four southern irrigation
reservoirs, and the Saint Vrain Creek flood plain.
No other ecological issues were identified with the site.
Western Environment and Ec ° foBy , Inc.
•
General Ecological Resource Survey-The V,atertront at Foster I ake W'cld Counts Colorado Page-18-
• 6.0 LITERATURE CITED
Andrews, R.and R.Righter. 1992. Colorado birds: a reference to their distribution and habitat.
Denver Museum of Natural History. Denver. 442 pp.
Armstrong, D.M.,M.E. Bakeman, A. Deans, C.A. Meaney, and T.R.Ryon. 1997. Conclusions
and recommendations in: Report on habitat findings on the Preble's meadow jumping
mouse. Edited by M. E. Bakeman. Report to USFWS and Colorado Division of
Wildlife.
Colorado Division of Wildlife. 1999. Endangered,Threatened, and Special Concern Wildlife
Colorado Division of Wildlife.November 2003. Conservation Plan for Grassland Species in
Colorado. Colorado Grassland Species Working Group.November 2003. Denver, Co.
Colorado Native Plant Society. 1997.Rare plants of Colorado, 2v°edition. Falcon Press®
Publishing Co., Inc. and Rocky Mountain Nature Association in cooperation with
Colorado Native Plant Society. Helena, Montana and Estes Park, Colorado. 105 pp.
Fitzgerald, J.P., C.A. Meaney, and D.M.Armstrong. 1994. Mammals of Colorado. Denver
Museum of Natural History and University Press of Colorado. Niwot, Colorado. 467 pp.
Graul, W.D. 1975. Breeding biology of the mountain plover. Wilson Bulletin 87:6-31.
Hoogland,John L. 1995. The Black-tailed Prairie Dog.The University of Chicago Press,
Chicago and London.
Jennings, W.F. 1989. Final report. Species studied:Eustoma grandiflorum,Spiranthes diluvialis,
Malaxis brachypoda, Hypoxis hirsuta,Physaria bellii,Aletes humilis. Unpublished report
prepared for the Nature Conservancy under the Colorado Natural History Small Grants
Program.The Nature Conservancy,Boulder, Colorado. 48 pp.
Jennings, W.F. 1990.Final report. Species studied:Spiranthes diluvialis,Sisyrinchium pallidum.
Unpublished report prepared for The Nature Conservancy under the Colorado Natural
History Small Grants Program.The Nature Conservancy, Boulder, Colorado. 29 pp.
Jones, S.R. 1998. Burrowing owl. Pages 220-221 in H.E. Kingery,ed. Colorado breeding bird
atlas. Colorado Bird Atlas Partnership. Denver.
King,T.L.,J.F. Switzer, C.L. Morrison, M.S. Eackles, C.C. Young,B. Lubinski, and P.M. Cryan
2006. Comprehensive analysis of molecular phylogeographic structure among meadow
jumping mice(Zapus hudsonius)reveals evolutionarily distinct subspecies. A report
•
General Ecological Resource Survey-Inc Waterfront ut Foster Laka_Weld County.Colorado
• submitted to the U.S. Fish and Wildlife Service. January 25, 2006.
Kingery,H.E. 1998. Colorado breeding bird Atlas. Colorado Bird Atlas Partnership. Denver.
Long,Kim. Prairie Dogs, A Wildlife Handbook, Johnson Books,Boulder, 2002.
National List of Plant Species That Occur in Wetlands, Region 4, 5, and 8, Resource
Management Group,Inc., Michigan, 1994.
Nichols, F.E. and J.A. Daley. 1995. 1995 Prairie Dog Counts on the Cathy Fromme Prairie.
Professional report submitted to the Fort Collins Natural Resources Department. 8p.
Remote Sensing Research. 1996. 1996 Coyote Ridge Prairie Dog Study. Professional report
submitted to the City of Fort Collins Natural Resources Department.
Sibley, David Allen. 2000. The Sibley Guide to Birds. Alfred A.Knopf, Inc.New York.
Tileston, J.V., and R.R. Lechleitner. 1966. Some Comparisons of the Black-tailed and White-
tailed Prairie Dogs in North-central Colorado. American Midland Naturalist 75:292-316.
U.S. Department of Agriculture,Natural Resources Conservation Service, Soil Survey of Adams
County, Colorado. Historical Replica, October 1974.
U.S. Department of Agriculture,NRCS. 2001.The PLANTS Database,Version 3.1
• (http://plants.usda.gov).National Plant Data Center,Baton Rouge, LA 70874-4490 USA
U.S.Department of Agriculture.No date. Midwestern wetland flora: Field office guide to plant
species. USDA Soil Conservation Service, Midwest National Technical Center, Lincoln,
Nebraska. Jamestown,ND:Northern Prairie Wildlife Research Center Home Page
http://www.npwrc.usgs.gov/resource/othrdata/pintguid/pintguid.htm
(Version 16JUL97).
U.S. Fish and Wildlife Service Ecological Services Colorado Field Office, Federally Listed and
Candidate Species and Their Status in Colorado,August 21, 2001.
U.S. Fish and Wildlife Service. 1999. Interim Survey Guidelines for Preble's Meadow Jumping
Mouse.
U.S. Fish and Wildlife Service. 1992. Interim Survey Requirements for Spiranthes Diluvialis.
U.S. Fish and Wildlife Service. 1999b. Services proposes to list mountain plover as threatened.
News Release 99-02.
U.S.Fish and Wildlife Service. Fish and Wildlife Service Proposes to Remove the Preble's
Meadow Jumping Mouse from the Endangered Species List,News Release. Jan. 28,
•
• 2005.
Whitson,Tom 11 et al. 2000. Weeds of the West. 9'"Edition. Western Society of Weed Science,
Newark, CA.
•
•
•
APPENDICES
•
•
•
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N
Scale - 1 inch = 3000 feet
1500 0 1500 3000
WESTERN ENVIRONMENT
Figure 1 - Project Location Map
AND ECOLOGY, INC,
Waterfront at Foster Lake
111 2217 West Powers Avenue Weld County, Colorado
Littleton, Colorado 80120
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Air photograph from Colorado Aerial Photography, dated 6/6/2005
WESTERN ENVIRONMENT
Figure 2 - Site Map
AND ECOLOGY, BNiC, Waterfront at Foster Lake
• 2217 West Powers Avenue Weld County, Colorado
Littleton, Colorado 80120
:1i. :4,41-: Pry
•
. .,DogsHerbaceous Cattail Marsh
I `' ' i
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Air photograph from Colorado Aerial Photography, dated 6/6/2005
N
Scale - 1 inch = 600 feet
No EN
300 0 300 600
WESTERN VThONNI T Figure 3 - Northern Wetland Map
•
AND ECOLOGY, INC Waterfront at Foster Lake
2217 West Powers Avenue Weld County, Colorado
Littleton, Colorado 80120
I
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Air photograph from Colorado Aerial Photography, dated 6/6/2005
N
Scale - 1 inch = 600 feet
—����
300 0 300 600
WESTERN ENVIItONMENT
Figure 4 - Southern Wetland Map
AND ECOLOGY, INCE Waterfront at Foster Lake
• 2217 West Powers Avenue Weld County, Colorado
Littleton, Colorado 80120
Hello