HomeMy WebLinkAbout20062312 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 23, 2006
TAPE #2006-31
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial Center,
Greeley, Colorado, August 23, 2006, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were
present, constituting a quorum of the members thereof:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tern
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jenny Luna
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of August 21, 2006, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: William Burnidge, The Nature Conservancy, requested support from the Board for the
acquisition of conservation easements in association with the Cedar Creek Wind Farm operated by
Green Light Energy, Inc. He stated GreenLight Energy and the Nature Conservancy will provide financial
support for 25 percent of the project, the landowners will donate approximately 25 percent of the value of
the project, and additional funds will be applied for through the Great Outdoors Colorado Trust Fund
(GOCO). Mr. Burnidge submitted a copy of the application and draft letter of support, marked Exhibit A.
He stated in order to submit the application to GOCO, a letter of support must be received from the
Commissioners. He further stated the project will serve as a model project of economic development and
conservation being compatible within the same landscape. In response to Commissioner Long,
Mr. Burnidge stated the two landowners associated with the project are Jim and Diana Sturrock, and
Dave and Judy Wilson. He stated the properties are located east of the Town of Grover,and contain prairie
rangeland as well as the Chalk Bluff escarpment. He further stated the wind turbines will be placed on the
top of the escarpment, and the total acreage donated by the landowners will be approximately 4,000 acres.
Further responding to Commissioner Long,Mr. Burnidge stated a copy of the letter from GreenLight Energy,
stating its support of the project, will be provided later today. In response to Commissioner Jerke,
Mr. Burnidge stated in exchange for the value received for the conservation easements,the property owners
2006-2312
BC0016
oQ -e20—o&
will give up the right for development of the property,including residential,commercial,and industrial uses.
He further stated the conservation easements will be placed on property surrounding the development of
GreenLight Energy, and the easements will not affect the wind turbine development. Responding to
Commissioner Masden, Mr. Burnidge stated the easements are in perpetuity, which is based on a
fair-market appraisal completed by a certified appraiser,and the Nature Conservancy is bound to that value.
He further stated the property owner is paid for the value of the development rights based upon the
appraisal. Further responding to Commissioner Masden, Mr. Burnidge stated the easement will be
recorded and attached to the title of the property,therefore, it is transferrable. In response to Chair Geile,
Mr. Burnidge stated the property owners will be compensated for approximately 33 percent of the overall
value of the land. Further responding to Chair Geile, Mr. Burnidge stated letters of support from the
landowners have been written, confirming they are interested in donating a portion of their properties. In
response to Chair Geile, Mr. Burnidge stated the project cannot move forward until funds are received. He
further stated the grant application will be submitted today,and the County must submit a letter of support
to GOCO within seven days. Commissioner Jerke stated he supports the conservation easements.
Commissioner Long stated he supports the project; however, verification is needed from Green Light
Energy, and he recommended a work session be scheduled. Commissioner Masden concurred with
Commissioner Long,and stated more details are needed. Commissioner Long stated Mr. Burnidge should
supply a copy of the letter from GreenLight Energy. Mr. Burnidge stated he will forward the letter, and he
would be happy to indicate the placement of the conservation easement and the general vicinity of the
proposed wind turbines. Chair Geile requested that the Nature Conservancy prepare a news release
regarding the project.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
COMMISSIONERCOORDINATORREPORTS: Chair Geile stated the Commissioners met with officials
from surrounding municipalities in the Town of Platteville to setup a Task Force. He stated the next meeting
will be held on August 31, 2006.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $374,203.61
Commissioner Jerke moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
BIDS:
PRESENT EAGLE THERMAL IMAGING CAMERAS BID-SHERIFF'S OFFICE: Pat Persichino, Director
of General Services, read the name of the sole vendor who submitted a bid into the record. He stated the
funds to purchase the cameras are provided through a Homeland Security Grant. He stated the cameras
have exclusive regional marketing agreements and are only available from one vendor, and the bid will be
considered for approval on September 6, 2006. In response to Mr. Warden, Roy Rudisill, Office of
Emergency Management, stated the equipment was requested within the Buffer Zone Protection Grant.
He stated the cameras will be utilized at the nuclear storage facility near the Town of Platteville, and will
assist with security measures. He further stated this is the last equipment purchase of the grant, and the
grant will now be completed. He stated the cameras complete a heat image to detect and track bodies
within the vicinity of the complex.
Minutes, August 23, 2006 2006-2312
Page 2 BC0016
NEW BUSINESS:
CONSIDER APPLICATION FOR 2007 LAW ENFORCEMENT ASSISTANCE FUND(LEAF)GRANTAND
AUTHORIZE CHAIR TO SIGN: Ken Poncelow, Sheriffs Office, stated this is the second year of the
three-year grant cycle, and the grant will provide funds in the amount of$46,972.00,which will be utilized
to pay overtime rates for officers completing DUI enforcement and will enable the Alcohol Task Force to
conduct saturation patrols. In response to Commissioner Vaad, Mr. Poncelow stated the obligation of the
grant is to continue to provide DUI enforcement. Further responding to Commissioner Vaad, Mr. Poncelow
stated the grant does not expect continuation. Commissioner Masden moved to approve said application
and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER APPLICATION FOR JUVENILE ACCOUNTABILITY BLOCK GRANT PROGRAM AND
AUTHORIZE CHAIR TO SIGN-COLORADO DIVISION OF CRIMINAL JUSTICE: Mr. Poncelow stated the
grant, in the amount of$17,885.00, consists of State-provided funds in the amount of$16,259.00, and a
match of$1,626.00 from North Range Behavioral Health. He stated the grant provides funds to North
Range Behavioral Health to provide mental health services for detained juveniles, and provides funds to
the Probation Department for services provided to juvenile female offenders. Commissioner Long moved
to approve said application and authorize the Chair to sign. Seconded by CommissionerJerke,the motion
carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AND OFF-SITE ROAD IMPROVEMENTS
AGREEMENT FOR WCR 25,AUTHORIZE CHAIR TO SIGN BOTH AGREEMENTS,AND ACCEPT FORM
OF COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1527-WASTE MANAGEMENT DISPOSAL
SERVICES OF COLORADO,INC.: Chris Gathman, Department of Planning Services, stated collateral,
in the form of a performance bond, was received on August 16, 2006, in the amount of$912,623.26. He
stated staff has determined the amount of collateral is sufficient for the proposed improvements, and
recommended acceptance of the collateral. Don Carroll, Department of Public Works,stated an agreement
exists for on-site improvements to the facility, north of the existing landfill, and an agreement exists for
improvements to Weld County Road 25, north of State Highway 14. He stated construction drawings have
been received, and staff is ready to supervise the project. He stated a one-mile section of Weld County
Road 25,between State Highway 14 and the proposed site,will be paved and widened to 24-feet,with 4-foot
shoulders to accommodate the trash trucks traveling in the area. In response to Chair Geile, Bruce Barker,
County Attorney, stated two agreements have been presented, and collateral has been submitted in the
form of two bonds. He stated he received an e-mail modification from the bonding company, and
recommended approval. In response to CommissionerJerke,Mr.Carroll stated the on-site improvements
will include concrete paving for parking of the trash trucks. Responding to Chair Geile, Mr. Barker stated
the second bond is specifically for the paving and improvements to Weld County Road 25. Chip Wertz,
Waste Management, stated he is excited to get the project started in September. Chair Geile expressed
his appreciation to Mr. Wertz for choosing to build the facility within Weld County. In response to Chair
Geile,Mr.Wertz stated the business will employ approximately 100 new employees,with the possibility of
approximately 160 new positions in the future. Commissioner Masden moved to approve said agreements,
authorize the Chair to sign both agreements,and accept said collateral. Seconded by Commissioner Long,
the motion carried unanimously.
RESOLUTIONS AND ORDINANCES The resolutions were presented and signed as listed on the
consent agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by
the Acting Clerk to the Board.
Minutes, August 23, 2006 2006-2312
Page 3 BC0016
There being no further business, this meeting was adjourned at 9:40 a.m.
BOARD OF COUNTY COMMISSIONERS
1 ,� �J WELD CO TY, COLORADO
ATTEST: { (ugie�'� ..�:,,,
/' /"gyp "rr i , a . J. ile, Chair
Weld County Clerk to the Board l .
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1 CJ�' Y fiql avid E. Long, Pro-Tem
BY: F
Depu Clerk t he Board ;rte �'1,lec4ke—inn-d' Wil
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Robert D. Masd n
SAA,/ aiii-el
Glenn Vaad
Minutes, August 23, 2006 2006-2312
Page 4 BC0016
John Swartout
Executive Director
Great Outdoors Colorado Trust Fund
1600 Broadway, Suite 1650
Denver, CO 80202
August 23, 2006
Dear Mr. Swartout:
Weld County is aware that The Nature Conservancy has been working partnership with
Greenlight Energy to purchase conservation easements over two ranches adjacent to the Cedar
Creek Wind Farm. Recently Weld County approved Greenlight Energy's application to build the
Cedar Creek Wind Farm near Grover. The Weld County Commissioners see the Cedar Creek
Wind Farm as a positive economic opportunity for the County which is compatible with the
agricultural character of the county.
Weld County sees the conservation easements proposed by The Nature Conservancy and the
landowners of the Spirit Canyon and Lonesome Pines Ranches as efforts that aim to conserve the
scenic and natural values of the chalk bluff and native grasslands associated with the Cedar
Creek project, while preserving the working cattle operations on these ranches. The
Commissioners support The Nature Conservancy's application for Great Outdoors Colorado
Funds to purchase these easements.
Regards,
Weld County Commissioners
EXHIBIT
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CHALK BLUFF CONSERVATION EASEMENTS
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Chalk Bluffs Conservation Easements
. The Nature Conservancy
August 17, 2006
1. PARTICIPANT INFORMATION
Applicant: Formal/Primary Partner:
The Nature Conservancy
Applicant Address: Partner Address:
2424 Spruce Street
Applicant Contact: Nancy Smith Partner Contact:
Title: Title:
Agency Relations Program Manager Phone#:
Phone#: 720-974-7012 Fax#:
Fax#: 303-444-2986 E-mail:
E-mail: nsmith@tnc.org
2. PROJECT INFORMATION
Project Title (select a title that does not reveal County or Counties:
any confidential landowners'names): Weld County
Chalk Bluff Conservation Easements
3. EXECUTIVE SUMMARY
Please describe the important aspects of your project (who will acquire what, where, when, how,
etc.) on separate paper and in 1 page or less. Provide only an overview and describe the general,
overall scope of your project.
(Please see the attached)
4. MISCELLANEOUS
A. Is this project the result of a GOCO planning or capacity building grant? If so, has it been
completed? Also,please provide the GOCO log number and/or title of the grant and the
organization to which the grant was awarded.
No.
Great Outdoors Colorado Open Space Application Page 1
Chalk Bluffs Conservation Easements
The Nature Conservancy
August 17, 2006
B. Check the boxes that best describe your project open space type:
Primary project type (select one): Secondary project type (select one):
o Buffer/Inholding ❑ Buffer/Inholding
❑ Greenways/Stream Corridor ❑ Greenways/Stream Corridor
❑ Community Separator ❑ Community Separator
❑ Agricultural Land XX Agricultural Land
XX Natural Areas and Nongame o Natural Areas and Nongame
Wildlife Habitat Wildlife Habitat
C. Check the box that identifies the applicant's organization type:
❑ Colorado municipality or county
❑ Political subdivision of the State of Colorado
XX Non-profit land conservation organization (a land trust or a 501(c)(3) non-
profit organization with land conservation as a primary purpose)
❑ Colorado Division of Wildlife or Division of Parks & Outdoor Recreation
❑ Special district with land conservation as a primary purpose
D. If you are purchasing a conservation easement,have you discussed GOCO's easement
language requirements with the landowner?
XX Yes
❑ No
E. Will condemnation proceedings, or even the threat of condemnation,be a part of this
transaction?
❑ Yes
XX No
F. Do you and the proposed conservation easement holder both agree to comply with GOCO's
stewardship policy?
XX Yes
❑ No
G. Who will hold the required conservation easement?
The Nature Conservancy
H. On separate/additional paper, please answer the following questions to demonstrate your
ability to manage this open space property once it is acquired.
1) For fee title acquisition projects, list and describe similar lands that you own and manage
as open space and describe how you will fund land management costs for this property.
Great Outdoors Colorado Open Space Application Page 2
Chalk Bluffs Conservation Easements
The Nature Conservancy
August 17, 2006
2) For conservation easement projects, if the conservation easement holder has not
participated in a previous GOCO project, please attach a representative list of
conservation easements the organization monitors as well as their mission statement. In
addition,please describe how you plan on funding future monitoring costs. If you will
request endowment funds from GOCO, please document your calculations of the total
endowment needed in an attachment to your application. If you elect not to set aside any
funding for an endowment,please explain the reason why an endowment is not necessary
for this project. What other guaranteed source of funding will be used to cover
monitoring costs?
Please see the attached documentation of stewardship costs at the back of the package.
5. FINANCIAL SUMMARY
Provide the following financial summary for your project. Refer to the Instructions and
Technical Supplement for guidance on eligible costs and matching as needed.
Sources of Funds: Uses/Costs:
Grant Request: $392,167 Purchase Price: $535,140
Applicant (cash): $128,000 Sum of Transaction Costs: $68,054
Applicant (in-kind): $8,027 Endowment(if any): $0
Partner(cash): $75,000
Partner(in-kind): $178,380
Total Sources: $781,574 = Total Project Cost: $603,194
(from Budget) (from Budget)
Land Donation (if any) : $178,380
Total Project Value: $781,574
(from Budget)
6. CERTIFICATION AND AUTHORIZED SIGNATURE
On behalf of the applicant,I certify that I am authorized to sign on behalf of the applicant and that if awarded an
Open Space grant for this project,the applicant will comply with GOCO's requirements for Open Space grant
administration,including matching,due diligence,and general requirements.
Date:
An authorized person must sign here, such as the applicant's executive director,
county commission chairperson, or city council chairperson.
Great Outdoors Colorado Open Space Application Page 3
Chalk Bluffs Conservation Easements
The Nature Conservancy
August 17,2006
EXECUTIVE SUMMARY
The Nature Conservancy is pursuing funding for two conservation easements that will protect a total of over 4,200
acres of native grassland and over 4 miles of rare chalk bluff habitat in northern Weld County, approximately 5
miles east of the town of Grover. Separately,the Lonesome Pines Ranch easement will conserve approximately
2,160 acres of native grassland and three miles of bluff rim; and the Spirit Canyon Ranch easement will conserve
approximately 2,080 acres of grassland and about 1.25 miles of bluff rim.
Biological and Agricultural Significance
The Nature Conservancy's Conservation Action Plan for the Greater Pawnee Prairie area of northeastern Colorado
identified the Chalk Bluff System as a critical conservation target for the Shortgrass Prairie Ecoregion. The Chalk
Bluffs system runs for 175 miles in a zig-zag line along Colorado's northern border. TNC has a goal of
conserving 50%of this system in the Greater Pawnee Prairie,which translates to approximately 87 linear miles of
Chalk Bluff. The Pawnee Buttes,which were made famous as the"Rattlesnake Buttes"in James Michener's
book Centennial, are part of this escarpment system.
This Chalk Bluff proposal anticipates conserving over four miles of bluff line, adjacent to another 1.5 miles of
already conserved bluff on SLB and USFS land. The bluffs rise roughly 100 feet above the prairie and provide
significant raptor nesting habitat as well as a rare relic limber pine-Rocky Mountain juniper plant community with
rare plant species. The native grassland habitat supports declining grassland birds, Prairie dog, Mountain plover
and Kit fox. The easements will also preserve the landowners' current and ongoing agricultural use of the land.
Precedent-Setting Partnership
This project in northern Weld County represents a precedent setting partnership between TNC and the emerging
wind energy industry. The wind energy industry stands to become a major player in the eastern plains of
Colorado,providing needed revenues for rural counties. However, the industry is largely unregulated and needs
direction to mitigate impacts on the important prairie habitats of the plains. TNC has a goal of cultivating a strong
relationship with the industry in order to encourage a conservation ethic and positively influence wind farm
practices.
Urgent Opportunity
Greenlight Energy is currently developing a wind farm along a sensitive bluff near Pawnee National Grasslands
and just received approval from Weld County in early August. During the development phase of the project TNC
worked in conjunction with Greenlight,private landowners and the Colorado Division of Wildlife to develop
plans for protecting the bluff rim and surrounding native grasslands. DOW worked to ensure the wind towers will
be placed in appropriate places, and TNC is now working to secure conservation easements on surrounding lands
and the bluff rim. Greenlight has committed $75,000 to this effort to show their intention to create an
environmentally-sensitive project. It is critical to move on this before the wind farm begins construction in 2007.
The eased lands will contain no wind towers, nor tower access roads. TNC believes that the Chalk Bluff project
can serve as a model for cooperation between the wind energy industry and the conservation community.
Leverage
The landowners have agreed to donate 25%of the value of the conservation easements and TNC and Greenlight
will bring over$211,000 of cash to the deal. GOCO's contribution will be 50%of the project value, or 65% of
the project cost.
Future Phases
This proposal represents the first phase of the Chalk Bluff project and captures two adjacent parcels with
connectivity to SLB and USFS land. In addition, a total of six landowners along the bluff have expressed interest
in pursuing conservation easements or other permanent conservation actions. This could eventually result in up to
14,500 acres of conserved grassland and Sharp-tailed grouse habitat along 10 miles of bluff
Great Outdoors Colorado Open Space Application Page 4
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Chalk Bluffs Conservation Easements
The Nature Conservancy
August 17, 2006
SELECTION CRITERIA
Eligible projects will be rated on a 100-point system based on the following criteria, and projects
will be ranked by total points. The maximum possible points for each section are shown in
parentheses. Please include the questions with your answers. Failure to respond to these
questions may substantially reduce your score, due to the difficulty of evaluating the project
without this information.
A. Property Description and Quality (40 points)
1. Geographic Area and Natural Values
• Describe the geographic area in which the project is located.
The Chalk Bluff Conservation Easements are located in northern Weld County, roughly five miles east
of the town of Grover. This is part of the Greater Pawnee Prairie area, and is characterized by
expansive stretches of shortgrass prairie broken by dramatic chalk bluffs and buttes,a famous feature
of the Pawnee National Grassland. This broader chalk bluff system runs in a 175-mile long zig-zag
line through a 70-mile long corridor on Colorado's northern border. The Conservancy believes that
50% of these bluffs need to be conserved to ensure the survival of the plants and animals they support.
• What topographic features surround the property and/or are found on the property?
Lonesome Pines Land and Cattle Company
The Lonesome Pines (Lonesome Pines Land and Cattle Company)property that will be protected by
this easement consists of approximately 2,160 acres in Weld County, Colorado. The ranch is located
roughly five(5)miles east of Grover, Colorado. The dominant habitat types on the ranch are
shortgrass prairie and limestone cliffs commonly referred to as chalk bluffs.
The ranch itself stretches approximately 3.5 miles north-to-south and is two miles across west-to-east
at its widest point. The chalk bluff system cuts through the ranch in a rough north-south line on the
eastern side. Weld County Road(WCR) 122 crosses through the middle of the ranch from west to
east. No other roads cross the property.
The ranch's bluffs rise roughly 100' above the prairie below. In places they feature dramatic,vertical-
walled cliffs. In other places they are comprised of rugged and rocky slopes that support a rare relic
limber pine-Rocky Mountain juniper plant community as well a range of other rare plant and animal
species.
Some of the ranch which is not included in the easement is in agricultural production or will have wind
towers. TNC has also excluded a corridor of land along Weld County Road 122 in order to buffer an
existing missile silo site that belongs to the US government and a planned electric power transmission
line. The landowner may also use this land along the county road for some homesites for his children.
This un-conserved land along WCR will keep ecological impacts to a minimum by co-locating them in
an existing disturbance corridor. The planned uses for this corridor are not anticipated to hinder the
movement of wildlife more significantly than existing uses. The easement boundary has been
Great Outdoors Colorado Open Space Application Page 1
Chalk Bluffs Conservation Easements
The Nature Conservancy
August 17, 2006
designed to create connectivity of the easement to the adjacent Spirit Canyon Ranch and adjacent
property belonging to the Colorado State Land Board and the US Forest Service.
Spirit Canyon Ranch
The Spirit Canyon Ranch, like the Lonesome Pines Ranch, contains important bluffs and prairies. The
2,080 acres proposed for conservation are located immediately adjacent to the Lonesome Pines ranch
on its northwestern side. The easement will run 2.5 miles north-to-south along its longest axis, and it
will be 2 miles wide west-to-east. It captures approximately 1.25 miles of chalk bluffs as well as a
significant area of associated shortgrass prairie. The easement connects the overall project with
additional lands of conservation significance to the north as well as lands to the west that the
landowner is seriously considering donating to the Conservancy. Weld County Road 97 bounds the
west side of the easement, and no other roads exist on the property. No wind power facilities will be
placed on the Spirit Canyon Ranch.
The total Spirit Canyon ranch is 3,520 acres, although TNC is currently proposing easing only 2,080
acres. While the entire ranch is important from a conservation standpoint,we will first conserve the
portion closest to the bluff rim and adjacent to the Lonesome Pine property.
• What are the biological and ecological values of this property?
Chalk Bluff Ecological System
The Nature Conservancy's Conservation Action Plan for the Greater Pawnee Prairie area of
northeastern Colorado identified the Chalk Bluff System as a critical conservation target. TNC has a
goal of conserving 50% of this system in the Greater Pawnee Prairie. This translates to approximately
87 linear miles of Chalk Bluff. This project anticipates conserving over 4 miles of bluff line, adjacent
to another 1.5 miles of already conserved bluff on SLB and US Forest Service National Grasslands
land.
The Conservation Action Plan for the Greater Pawnee Prairie area was completed by TNC and
partners from CDOW,US Forest Service,Natural Resource Conservation Service and Colorado State
University. The partners involved in this effort concluded that it is necessary to conserve at least 50%
of the bluff system to ensure the long-term viability of the species and natural systems specific to the
bluff ecosystem. These include the animals and plant communities identified in the table below.
The chalk bluff system is critical not only because it supports significant raptor habitat but because it
contains rare plains occurrences of limber pine(Pines jlexilis)and Rocky Mountain juniper(Juniperus
scopulorum). On the eastern prairie,these communities are a relic community that reflects historic
temperature and precipitation patterns. Today it is important to protect these relic sites because they
serve as reservoirs of small-scale biodiversity(e.g., genetic diversity)and as an insurance policy in the
face of climate change.
Unique Conservation Partnership--Wind and Wildlife Conference
TNC's Greater Pawnee Prairie Project Director, William Burnidge, served on the steering committee
for the January 2006 Wind and Wildlife Conference in Fort Collins. This conference was coordinated
by CDOW and created through the collaboration of various public agencies, academics, non-profits
and industry representatives. The goal of the conference was to share knowledge and develop a better
understanding of the impacts of Wind Energy operations on wildlife.
Great Outdoors Colorado Open Space Application Page 2
Chalk Bluffs Conservation Easements
The Nature Conservancy
August 17, 2006
TNC has a long-term and national-level interest in the wind energy industry and has been working on a
national policy. It is an emerging issue on the eastern plains of Colorado—largely unregulated and
only partially understood. TNC is supportive of clean energy as it can have a positive impact on
climate change, as well as provide critical revenues for rural communities. However, TNC is also
concerned about mitigating the local impact of wind energy on wildlife and habitat fragmentation.
TNC feels that like any land-use,wind energy must be well-managed in order to truly benefit human
and natural communities. This includes careful placement of wind towers and access roads,and long-
term management designed to mitigate negative impacts to wildlife, landowners or plant communities.
In Colorado TNC has a unique opportunity to partner with the wind industry because the citizens of
Colorado voted to require renewable energy development in the state. The public wants wind energy
and TNC wants to partner with the industry to make sure it is done in a way compatible with other
things Coloradoans value such as wildlife and natural prairie habitat.
At the Fort Collins conference TNC determined:
• There is no specific regulatory authority over wind energy—so there is both ample opportunity
for engaging with the industry in a positive way, as well as ample danger that the industry might
not fully appreciate environmental values.
• Rural communities are interested in wind energy as an economic engine, providing opportunities
for them to engage with the industry and conservation groups to influence development so that it
creates both human and environmental sustainability.
• Wind energy is emerging as a potentially billion-dollar industry on the plains—and now is the
time to create positive partnerships with the industry.
At the conference TNC met industry representatives and began a dialogue about how to collaborate
and create environmental benefits in association with wind energy projects. The opportunity that
subsequently emerged from this conversation is centered on the Cedar Creek Wind Farm, which was
approved by Weld County on Aug.2. The Cedar Creek Wind Farm runs along the portion of chalk
bluff captured on the Lonesome Pine and Spirit Canyon Ranches. Through our partnership with
Greenlight Energy TNC was able to gain access to the owners of the Lonesome Pine Ranch, and
secure financial support from Greenlight for the easement purchases.
TNC Long-term Interest in the Area
TNC has had a long-term focus on the area supporting the Cedar Creek Wind Farm. The Spirit
Canyon Ranch—included in this proposal--was enlisted in the TNC"Registry Program" in 1992.
This program was a voluntary registry program for properties with outstanding biological and scenic
values. TNC operated the program in conjunction with the Colorado Natural Areas Program(CNAP).
The CNAP program(now housed in Colorado State Parks) still maintains the registry program; TNC
no longer participates in the program and instead focuses on securing permanent protection for critical
parcels. During our time in the program we worked on two specific designations—on the Spirit
Canyon property and the Wacker Ranch. (TNC is currently pursuing funding through US Fish and
Wildlife Service for a permanent conservation easement on the Wacker Ranch.) TNC is happy to
finally be able to pursue permanent conservation of the Spirit Canyon property in partnership with
GOCO and Greenlight Energy. In addition, TNC's partner, Legacy Land Trust, had previously
discussed an easement with Jim Sturrock(owner of the Lonesome Pines Ranch included in this
proposal).
TNC has also been approached by a nearby landowner(adjacent to the Spirit Canyon Ranch)who
would like to donate approximately 1,100 acres of land to TNC. This land does not contain a
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significant portion of the bluff, but is within the ecological zone that supports raptors coming off the
bluff.
Finally, and most importantly, TNC has been interested in protecting the Chalk Bluff ecological
system for over a decade and has worked with Legacy Land Trust, GOCO and the US Fish and
Wildlife Service to protect significant portions of this ecological system on the nearby Eagle Rock
Ranch approximately 22 miles west of the Chalk Bluff project(please see map). The Legacy Land
Trust has purchased easements over 11,348 acres of the Eagle Rock Ranch and GOCO also provided
$300,000 to TNC in 2004 to purchase an easement over 4,631 acres of the Eagle Rock Ranch. The
Eagle Rock ranch has the same chalk bluff system found on the Spirit Canyon and Lonesome Pine
Ranches.
(While the easement does not include chalk bluff habitat, TNC has also completed a—2,400 acre
easement on a ranch near the Eagle Rock Ranch (please see the attached context map) in conjunction
with the Colorado Department of Transportation. This easement provides excellent declining
grassland bird habitat. TNC will have a perpetual relationship with the owners of this ranch and
presence in the area.)
• Identify whether or not the property is contained within a priority conservation site that has been
identified by the Colorado Natural Heritage Program. If so,provide the site name and its B-rating.
The Lonesome Pines and Spirit Canyon Ranches overlap with three CNHP sites (please see map)
Site name: Pawnee Grassland East
XX B3 National significance
Site name: Pawnee Woodlands North
XX B3 National significance
Site name: Pawnee Woodlands South
XX B4 State and Regional significance
• Provide a short list of the common names of all vegetation and/or non-game wildlife species that are
known or likely to exist on the property. Are any of those species rare or imperiled, or species listed
as federal or state endangered, threatened, of special concern, or at risk? (List global and state ranks
for any rare or imperiled species)
(Note: Parenthetical statements throughout list contain notes from Colorado Partners in Flight on the
status of grassland bird species.)
Raptors&Owls
• Ferruginous hawk(high conservation need locally and throughout its range; CDOW Species of Special
Concern)
• Burrowing owl(high conservation need locally and throughout its range; Colorado Threatened
Species)
• Prairie falcon(occupy a unique habitat type(cliff/rock) in this physiographic area)
• Swainson's hawk(high conservation need locally and throughout its range)
• Golden eagle
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• Red-tailed hawk
• Great-horned owl
• Kestrel
• Peregrine falcon-periodic use possible(occupies a unique habitat type(cliff/rock) in this
physiographic area; de-listed from the Federal Threatened and Endangered Species list in 1999)
Shore Birds
Mountain plovers(high conservation need locally and throughout its range; on the national Watch List; a
petition was filed to list Mountain Plovers for protection under the Endangered Species Act)
Gallinaceous Birds
Plains sharp-tailed grouse(Colorado Endangered Species)
Song Birds
• Lark buntings (on the national Watch List, indicating a high conservation need throughout its range)
• Grasshopper sparrow(moderately high conservation need throughout its range)
• Caisson's sparrow(on the national Watch List, indicating a high conservation need throughout its
range)
• Warblers,vireos,thrushes(mixed migratory flocks)
• Loggerhead shrikes
• Chestnut collard longspur
Mammals
• Swift fox
• Bushy-tailed woodrat (Neotoma cinerea rupicola)
• Pocket gopher(Thomomys talpoides attenuatus)
• Prairie dogs
• Pronghorn antelope
• Mule deer
Note: The particular subspecies of the bushy-tailed woodrat listed above is known to occur in Colorado
only in northern Weld and Logan Counties. Its habitat is the chalk bluffs that would be protected by this
project. The particular subspecies of the pocket gopher listed above is known to occur in Colorado only
in northern Larimer, Weld, and Logan Counties. It would occupy prairie habitats adjoining the chalk
bluffs.
Plants and Plant Communities
• Mountain cat's eye
• Nuttall desert-parsley
• Alpine fever few
• Limber pine/Rocky Mountain juniper communities
• Shortgrass prairie and mixed grass bluffs&outcrops
• Atriplex canescens/Bouteloua gracilis shrubland
• Bouteloua curtipendula/Schizachyrium scoparium herbaceous vegetation
• Cercocarpus montanus/Herperostipa comata shrubland
• Herperostipa comata/Bouteloua gracilis herbaceous vegetation
• Juniperus scopulorum/Schizachyrium scoparium woodland
• Prunus virginiana shrubland
• Schizachyrium scoparium/Bouteloua curtipendula western great plains herbaceous vegetation
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• Symphoricarpos occidentalis shrubland
• How will protection of this property aid those species or other ecological values found there?
By placing permanent conservation easements over portions of the Spirit Canyon and Lonesome Pine
Ranches TNC will protect the plant and animal communities on these parcels from threats such as
habitat fragmentation, home development,wind tower development as well as be in a position to
influence the management and planning for long-term threats such as invasive species and
inappropriate grazing. Please see the"Jeopardy"section for a complete description of how this project
will address threats to the natural and scenic values of the parcels.
2. Current and Proposed Uses
• Describe the specific current uses of the property.
Currently both properties are working cattle ranches.
• What are the proposed uses of the property?
• Is this property part of a larger parcel owned or controlled by the seller? If so, how does the seller
plan to use his/her remaining property? Identify that remaining property on a map.
Lonesome Pines Ranch
The Cedar Creek Wind Farm project plans to place 8-12 wind towers on the eastern portion of the
Lonesome Pines Ranch. This land is not included in the conservation easement. The access roads for
the towers either already exist on the ranch or will not cross the easement. The siting of the towers
was done in consultation with the Colorado Division of Wildlife to ensure to the maximum extent
possible that they are far enough away from the bluff rim that they will not disproportionately imperil
raptors and birds utilizing the bluff
A portion of the ranch along WCR 122 which is not included in the easement creates a buffer for an
existing missile silo site that belongs to the US government, a planned electric power transmission line,
and other potential home sites for children (please see map). This un-conserved land along WCR 122
will keep ecological impacts to a minimum by co-locating them in an existing disturbance corridor.
The landowner will continue to graze cattle on the property, including on the easement.
Spirit Canyon Ranch
There are no wind towers planned for the Spirit Canyon Ranch. The ranch will continue to function as
a working cattle ranch.
• How will the current and proposed uses impact wildlife, wildlife habitat, and other sensitive habitat or
environmental values?
Ongoing grazing of the parcels is critical to maintaining the habitat values for grassland birds.
Furthermore, TNC believes that it is critical to maintain a diverse mosaic of grazing regimes on the
prairie—which is achieved by the different management practices of the two landowners. TNC also
feels confident that the DOW guidance around wind tower placement achieved as much protection as
possible for the sensitive chalk bluff rim system. TNC has further attempted to mitigate the negative
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impacts of access roads by creating easements that consolidate disturbance along existing roads and
keep additional impacts off of the eased land.
3. Adjacent and Nearby Land Ownership and Uses
• Identify all adjacent and nearby public and private lands on the area map, including private
properties protected by conservation easement. How will current and potential uses of the
surrounding land impact this property?
• Describe any plans or possibilities for connecting this property to existing open space, wildlife
habitat, recreation, or parklands in the area.
The Lonesome Pine and Spirit Canyon Ranches occur in a landscape almost completely dominated by
grazing lands, wheat farming and land enrolled in the Conservation Reserve Program. Limited
dispersed home development by people commuting from the I-25 corridor is beginning to occur along
the scenic bluff edges. The bulk of the Pawnee National Grasslands are located south and west of the
project site, but 800-acres of the Grasslands are located adjacent to the Lonesome Pines Ranch. There
are also State Land Board parcels distributed through the area in a"checkerboard"fashion (please see
the attached map). Further north along the same escarpment that runs through the Spirit Canyon and
Lonesome Pines Ranches there is a conservation easement held by the Colorado Cattlemen's
Agricultural Land Trust. Future phases of the Chalk Bluff project aim to create a conserved corridor
that runs 12 miles along the escarpment and includes this conserved parcel.
GOCO has already invested in this landscape through providing funding for conservation of the Eagle
Rock Ranch approximately 22 miles west of the Chalk Bluff project. The Legacy Land Trust has
purchased easements over 11,348 acres of the Eagle Rock Ranch, and GOCO provided $300,000 to
TNC in 2004 to purchase an easement over another—4,631 acres of the Eagle Rock Ranch. The Eagle
Rock ranch has the same chalk bluff system found on the Spirit Canyon and Lonesome Pines parcels.
It is not a contiguous bluff, but is part of the same bluff ecological system. Therefore, GOCO has
already contributed to protecting approximately 7 miles of chalk bluff through these Eagle Rock
easements, and with the Spirit Canyon and Lonesome Pines easements could add another—4 miles.
Other conservation in the area includes a—2,300 acre easement TNC purchased with CO Department
of Transportation funds over a ranch about 18 miles west of the Chalk Bluff project, and about 3 miles
south of Eagle Rock. While this ranch doesn't include the bluff system, it contains high-quality
declining grassland bird habitat and is an important part of the larger ecosystem.
• Identify the current zoning for both the subject and the adjacent or nearby properties. Is a zoning
change proposed for any of these lands? What development proposals exist or are possible for these
lands?
These ranches and the surrounding landscape are zoned for agricultural use,but have just received a
special use permit for the Cedar Creek Wind Farm. The development of the wind farm is both the
threat and opportunity driving this proposal. TNC is interested in conserving critical land associated
with the wind farm to abate future fragmentation threats. TNC is also motivated to cultivate a long-
term positive partnership with the emerging wind energy industry that will have a future presence in
the landscape of eastern Colorado.
4. Environmental Hazards
• Describe all known historic uses of the property and any hazardous conditions that may exist.
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• Has a hazardous materials assessment been performed?If so, what were the results? What actions
were recommended, if any, and what remedial activities have occurred?
The eased lands have historically been grazed. They are adjacent to land that contains a federally-
owned and managed missile silo, as well as land that will contain wind towers. An Environmental
Hazards Assessment will occur as part of TNC's due diligence for the easement.
5. Access
• Describe whether or not the property has good physical access for its intended uses.
• Does the property also have a legal right of access?
The Lonesome Pine Easements has legal and physical access from Weld County Road 122. The Spirit
Canyon Ranch has legal and physical access from Weld County Road 97.
• Also describe whether public access will be permitted or not appropriate for this project, and why. If
the public will have access, describe its extent and nature.
Public access is not contemplated as part of these conservation easements. Both properties are
working cattle ranches, and un-eased portions of the Lonesome Pine ranch will have wind towers or
other economic uses. These uses are not appropriate for uncontrolled public access.
6. Development Rights
• If a component of your project includes limited development or reserved development rights,provide
detailed information on the purpose, location, and portion of the property subject to development.
Indicate this information on the site map.
Not applicable.
7. Encumbrances
• Disclose any known encumbrances on the property. For example, include information on mortgages,
utility easements, mineral leases, agricultural leases, or liens.
On the portion of the Lonesome Pines Ranch that runs along Weld County Road 122 (and is not
included in the proposed conservation easement),there is a good chance that Greenlight Energy will
run an electrical transmission line. Likewise, on the eastern portions of the ranch(not included in the
conservation easement)Greenlight Energy plans to place 8— 12 wind towers.
TNC will examine title to both properties and note all encumbrances as part of the due diligence
process.
• Are there any existing or potential boundary disputes with neighbors? Please mark the location of
any easements or boundary disputes on the site map. If available, attach a copy of Schedule B from
any title policy or commitment that covers the property.
Not applicable.
8. Mineral Rights
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• Have any mineral rights been severed from the surface fee title to the property, and/or have any sand
and gravel rights been conveyed to any third parties? If so, describe the severed rights and identify
who currently owns the rights, if current ownership is known.
The Nature Conservancy's standard conservation easement prohibits mining or drilling on the property
to the extent that the minerals are owned by the Grantor. However,portions of the mineral rights have
been severed from both ranches. There are no known sand and/or gravel resources on the properties.
For severed minerals, TNC will obtain a remoteness letter.
• What is their development/extraction potential, and how would their development adversely affect the
property's conservation values?
There is not currently any gas or oil extraction occurring along the bluffs in Weld County,however,
there are active gas wells about 10 miles away on the flatlands. Because gas and oil development
would fragment the grassland habitat of the easements, TNC will not purchase these easements unless
we can obtain a remoteness letter from a geologist.
• Will these rights be acquired or otherwise controlled or restricted when fee title or the conservation
easement is acquired?
To the extent that the minerals are not severed from the property,they will be encumbered by the
easement. However,TNC does not plan to include ownership or restrictions on severed mineral rights
in the acquisition of the contemplated easements. It is unlikely that such an acquisition or other form
of control would preclude development by the owners of severed rights, should any developable
minerals be determined to be present on the property during TNC's due diligence activities.
• Has a professional geologist issued a written opinion (a remoteness letter/report) about the possibility
of extracting minerals by surface mining method, and if so, what were the results of that opinion?
TNC will obtain a remoteness letter as part of our due diligence for the easement. If the threat of
minerals development is more than"negligible", TNC will not acquire the easements.
9. Water Rights
• What water rights (surface, subsurface, well and drainage), (Tarty, are necessary to protect and
preserve the property's attributes?
• Who holds the water rights?
• Will they be acquired and maintained with the property? If not, why not?
• Describe how the water rights will be protected?
There is no surface water on either parcel,nor is it required for the shortgrass prairie and chalk bluff
system conservation targets of the properties. These animal and plant species are fully adapted to
relying on rainfall and intermittent water sources. There are no water rights associated with either
parcel.
10. Transaction Details
Please answer these questions to describe the property you will protect with this grant.
a. What is the approximate acreage to be protected?
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The two Chalk Bluffs Conservation Easements will protect a total over 4,200 acres of native grassland
and over 4 miles of rare chalk bluff habitat in northern Weld County:
• Lonesome Pines Ranch conservation easement: approximately 2,160 acres of native grassland and
three miles of bluff rim
• Spirit Canyon Ranch conservation easement: about 2,080 acres of grassland and about 1.25 miles of
bluff rim
b. Is the property owned by or under contract to the applicant? If not, describe the status of the
negotiations with the landowner and the likelihood of obtaining an option or purchase agreement
within 100 days of a grant award.
TNC has started negotiations with the owners of both the Spirit Canyon and Lonesome Pines Ranches.
They are aware of our value estimates and general management plan needs for the ranch. Both owners
have expressed a willingness to donate at least 25% of the value of the easement, if TNC is able to
secure adequate funding to pay for the remaining value, and the appraisal values support the
assumptions of the project. (Please see attached letters of intent from the landowners.)
c. What is the purchase price? If you do not yet have the property under contract to purchase, describe
a general price range. Identify the purchase price for land separately from the cost of improvements,
etc.
TNC estimates the total purchase price for the easements will be approximately $535,140:
• Lonesome Pines Ranch for$284,040
• Spirit Canyon Ranch for$251,100.
These estimates are based upon an analysis of recent land transactions in the area, and take into
consideration the higher values associated with land along the chalk bluffs rim versus flat grassland
values. TNC cannot anticipate how the wind farm may impact land values.
d. When do you anticipate closing the transaction?Do you anticipate phasing the closing, and if so,
how? Will you need GOCO funds at closing, or can GOCO reimburse you after closing? Will you
need longer than 15 months to complete the transaction and provide GOCO with a complete due
diligence package?
TNC anticipates completing the required due diligence and closing on both easements by June, 2007.
TNC would prefer to have GOCO funds available at closing, although, if absolutely necessary we can
borrow money from our internal fund and be reimbursed. If possible TNC would prefer not to incur
the additional interest costs associated with this approach, and would prefer to reschedule closing for
when GOCO funds are available.
e. What interest(s) will be acquired(e.g.,fee title, conservation easement, etc.)?
Perpetual conservation easements. TNC has discussed the GOCO requirements with the landowners.
f What is the appraised or estimated full fair market value of the property? What is the appraised or
estimated easement value? If no appraisal has been done, how did you arrive at your estimate of
value (for example, did a local realtor or appraiser make an educated guess)?
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• Does the estimated value or appraisal include homes or other existing structures on the property?
If so,please identify the value of the land separately from the value of any structures or other
improvements.
• Please note that GOCO has specific appraisal standards that must be met (see Attachment I of
Technical Supplement). Does your appraisal meet these standards, and if not, how will its
deficiencies be rectified?
TNC has not yet completed appraisals of the parcels. Based on an analysis of recent land sales in the
area TNC estimates the combined fee-title value of the properties to be $2,146,000:
• Lonesome Pines Ranch--$1,140,000
• Spirit Canyon Ranch- $1,006,000
These values do not include any improvements or structures or possible enhancement to the uneased
portions of the ranch. They also only consider the portions of the ranch that will be placed under
conservation easement, as opposed to the full holdings.
The final appraisals for these parcels will be in compliance with GOCO's appraisal standards.
B. Project Need and Ur¢encv (20 points)
1. Significance to Community, Region, or State
• Describe the importance of the property to the community, region, or state. How does this property
provide unique benefits that are not available elsewhere?
Statewide and Ecoregional Significance
TNC, our partners who participated in the Conservation Action Plan for the Greater Pawnee Prairie
area, and the Central Shortgrass Prairie Partnership believe that the Chalk Bluff system of northern
Colorado is of Statewide and Ecoregional significance. The Central Shortgrass Partnership is a group
of 13 public and private partners who collaborated on the Central Shortgrass Prairie Ecoregional
Assessment funded in part by TNC, the Department of Defense and CDOW. This assessment is in its
final phases. (Please see Section Efor a full list of participants in the Central Shortgrass
Partnership) In a written statement regarding the significance of the Chalk Bluff project, the Central
Shortgrass Partnership wrote:
"Our vision is to promote and support the long-term survival of Central Shortgrass Prairie native
species,plant communities, ecological systems and the ecological processes needed to maintain
them. As part of our ecoregional assessment we identified conservation priorities for the Central
Shortgrass Prairie, including the Great Plains of eastern Colorado.
The conservation of the Central Shortgrass Prairie ecoregion is urgent--temperate grasslands
are one of the least protected major habitat types on Earth, with only 2%protected globally and
less then 5%protected in the United States. Temperate grasslands are also one of the most highly
converted habitats on Earth. The Chalk Bluffs Conservation Easements—fall within priority
landscapes identified by the CSP assessment. The Chalk Bluffs projects are particularly
important for the conservation of the Central Shortgrass Prairie ecoregion and the species,
natural communities and ecosystems it contains.
The majority of the Central Shortgrass Prairie is in private ownership; therefore the key to
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conservation success is partnership with private landowners. Long-term conservation success in
the Central Shortgrass Prairie is inextricably tied to sound management of the native prairies and
streams of the western Great Plains by private landowners and water right holders. Conservation
of the Central Shortgrass Prairie will only be successful if partnerships are established between
conservationists and those who make their living on the land, most especially the ranching
community.
These projects demonstrate that ranching can be compatible with conservation, and conservation
can be compatible with ranching. There are still large swaths of open plains in the Central
Shortgrass Prairie where productive activities and conservation can work together for the benefit
of both; and we believe that these projects -- the Chalk Bluffs Easements-- provide a pathway
that demonstrates there always can be. "
Statewide Significance of Grassland Species Conservation
Over the past decade Colorado has devoted significant resources to the conservation of grassland
species such as Mountain plovers, Burrowing owls, Swift fox and Black-tailed prairie dogs. Arguably
the prairie conservation efforts of the Colorado Department of Natural Resources, private conservation
groups and partnering landowners were instrumental in preventing Mountain plovers and prairie dogs
from ending up on the federal Endangered Species list. The Spirit Canyon and Lonesome Pines
Ranches conserve habitat suitable for all of these imperiled grassland species and would contribute to
the conservation momentum that has prevented these species from requiring federal protection.
Local and Regional Significance
The Chalk Bluff system of northern Colorado attracts significant local use in terms of visitation and
cultural identity, most noticeably on the Pawnee National Grassland. The Chalk Bluffs project will
serve to maintain the character of the area even as change comes to the landscape. It will help ensure
that the landscape's sense of vastness is preserved as Weld County strives to attract economic
development that is ecologically as compatible as possible while also environmentally beneficial the
county, its residents, and Colorado and the United States at large. The project described here will also
protect this landscape from large-lot development. There is a current premium on protecting the land
along the Chalk Bluffs because it is attracting growing interest for home sites.
• Who will benefit from protecting the property as open space, and how? How would protecting this
property augment adjacent or nearby public and protected lands?
Over the long-term,the residents of Weld County and Colorado will benefit from the protection of
open space along one of the most scenic parts of the county and the connection that the project will
make among other protected lands. The owners of the Spirit Canyon and Lonesome Pine Ranches will
benefit from the project because it will help them achieve their conservation goals as well as generate
income for the ranches. In addition to the landowners and residents of Weld County,the project will
benefit the Pawnee National Grassland by addressing management challenges that are inherent in the
highly fragmented ownership pattern of the area; by protecting lands adjacent to the Pawnee and the
State Land Board property that the Pawnee borders, the project will ensure that a large contiguous
block of land is available for use by many of the species that the Pawnee manages. This project may
enable the National Grassland to use scarce resources in other locations to achieve additional
conservation objectives.
2. Jeopardy
• In order of priority, describe why the property needs to be protected. What could happen if the
property is not protected?How are the property's natural values threatened?
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In priority order,the Spirit Canyon and Lonesome Pines Ranches need to be conserved for the
following reasons:
1. Natural and Scenic Values: As described in detail in Sections A.1 and B.1,the chalk bluffs system
of northern Colorado is a unique biological and geologic system which provides habitat for many
raptors, declining grassland birds, rare plants and unusual remnant plant communities. Also,the native
grassland habitat protected by these easements provides significant habitat for imperiled grassland
species such as Mountain plover, Burrowing owls, Swift fox and Black-tailed prairie dog. Finally,the
chalk bluffs of Weld County are a unique landscape feature critical to the local identity. Ongoing and
poorly planned home and wind tower development along bluff rims is highly visible and would
negatively impact the scenic and natural value of these locally and regionally important features.
2. Cultivating a Conservation Ethic in the Emerging Wind Energy Industry: Wind energy is emerging
as a potential billion-dollar industry on the eastern plains of Colorado, spurred by the need for
alternative energy sources and Colorado legislation requiring the development of renewable energy in
the state(i.e., Amendment 37 requires Colorado to generate 10% of its energy from renewable sources
by 2015.) Now is a critical time in the development of this industry: it is largely unregulated and is
open to partnering with public and private interests in order to mitigate the environmental impacts of
their facilities and enhance their contributions to local communities and the state. Wind energy can
provide much-needed revenue for rural plains counties, and if done in partnership with land
management agencies and conservation groups it will benefit both human and natural communities.
This project represents a positive partnership between Greenlight Energy,the Colorado Division of
Wildlife and TNC to create a wind energy project that is compatible and supportive of grassland
conservation.
3. Supporting the Conservation Efforts of Private Landowners and Industry in Weld County:
Greenlight Energy,and the owners of Spirit Canyon and Lonesome Pines Ranches have volunteered to
partner with TNC and CDOW to try and create a unique wind farm project that benefits both human
and natural communities. This is a model effort that could be replicated across the plains of Colorado.
GOCO is the lynch pin in making this partnership a reality, and breathing life into this collaborative
model.
• What attributes of the surrounding land would be adversely affected if this property were not
protected? What other threats exist in the general area, and what is the immediacy and nature of the
threats?
Despite the relative remoteness of this area, the landscape is threatened by several forms of development.
The wind energy threat in this area is being managed through the diligent efforts of CDOW, and
hopefully by innovative cooperative efforts such as this one. The area is also threatened by diffuse
residential development. Several smaller parcels in the vicinity of the project have recently been sold to
buyers interested in constructing homes in or along the bluffs. The bluffs are a scenic landscape feature
located roughly one hour from Greeley and Fort Collins. Additional development along the bluff rim
would be extremely visible from adjacent areas. In addition, shortgrass bird and mammal species require
large areas of unfragmented prairie, so development with its associated roads has a negative
environmental impact on these species. The survival of local wildlife populations requires that they are
not limited to a narrow band of un-developable land at the base of the bluff
• Why does the property need to be protected now, rather than later? What aspects of this project make
it urgent for funding?
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The urgency for this project is largely driven by the immediacy of the opportunity with Greenlight
Energy and the impending wind farm. The Cedar Creek Wind Farm received County approval in early
August and will begin construction in Spring 2007. Greenlight has agreed to work with CDOW on
tower placement, and has committed at least$75,000 to TNC for purchasing conservation easements.
The Cedar Creek Wind Farm is happening quickly, and TNC feels that we must take advantage of
Greenlight and the local landowner's conservation impulse now before the dust settles on the
development and they lose their sense of urgency. TNC hopes to complete this first phase of the Chalk
Bluffs project very quickly so that we can prove success to Greenlight and hopefully request more
funding before completion of the wind farm construction at the end of 2007.
3. Importance to and Consistency with Local Government Policies and Plans
• Describe any plans for open space preservation in the area, including plans developed by local
governments or land trusts. In your supplemental materials, attach any maps and selected sections of
pertinent master, comprehensive, open space, and/or strategic plans, but do NOT attach entire plans.
• Describe how the project is important to and consistent with local government policies and plans.
The portion of Weld County containing the Spirit Canyon and Lonesome Pine Ranches is zoned for
agriculture and has no open space plans. However,the Chalk Bluffs Conservation Easements is well-
aligned with the Weld County Comprehensive Plan.
Wildlife and Natural Resource Goals
The Weld County Comprehensive Plan states:
"Because natural resources are limited, it is critical that a balance be obtained between increased
growth and the natural areas within the County. Each land use change affects the environment
which may produce undesirable results. . . The County will identifr and attempt to protect critical or
unique habitat areas of high public value, such as habitats of endangered or unique species,
significant viewing areas and breeding and spawning areas. . .The effect of proposed development
upon wildlife and habitat should be evaluated. Loss of critical habitat should be mitigated "
In these statements the County clearly identifies a desire to balance economic development with
conservation of wildlife and natural areas. The Chalk Bluffs Conservation Easements represent a
public/private partnership that attempts to balance wind energy development with permanent
conservation of the unique chalk bluffs system and surrounding native grassland habitat.
The Plan later states:
"Land use activity should preserve, enhance and maintain significant or unique natural land
features. . . The County will strive to conserve significant stands of trees and shrubs, large
expanses of prairie grasses and unique forms of vegetation and land area. "
TNC feels that the chalk bluff that runs through the Spirit Canyon and Lonesome Pines Ranches is
clearly a unique land feature with juniper and limber pines unique to the grasslands of Weld County.
Furthermore the unfragmented grasslands of the Spirit Canyon and Lonesome Pines ranches are part of
a shortgrass prairie ecosystem of Ecoregional Significance.
Support for Land Trusts
Great Outdoors Colorado Open Space Application Page 14
Chalk Bluffs Conservation Easements
The Nature Conservancy
August 17, 2006
In Appendix 22-I of the Weld County Comprehensive Plan the Agricultural Study Committee
recommends that the County support individual landowners to meet their conservation goals through
"various mechanisms"including working with land trusts. In this summary land trusts are recognized
as a"valid and useful stakeholder"for helping individual landowners achieve such goals. This project
helps local landowners partner with TNC to achieve their long-term goals for their ranches.
"Right to Farm"
In its Comprehensive Plan Weld County recognizes its agriculture base as critical to the health and
character of the county. The conservation partnership between TNC, Greenlight Energy, GOCO and
the Spirit Canyon and Lonesome Pines Ranches represents a balanced approach to preserving
economically viable ranching operations and the natural and scenic values of an area, while pursuing
renewable energy development opportunities that provide additional environmental benefits related.
C. Project Benefits
(10 points)
1. Catalyst for Additional Conservation Activity
• Describe how completion of this project will contribute to the conservation of open space and/or
natural resources in the surrounding area or region.
• What additional conservation activity will this project generate?
Wind energy development is an emerging conservation issue on the eastern plains of Colorado—
largely unregulated and only partially understood. TNC is concerned about mitigating the local impact
of wind energy on wildlife and habitat fragmentation through careful siting of wind towers and access
roads, and long-term management designed to mitigate negative impacts to wildlife, landowners or
plant communities. The Chalk Bluff Conservation Easements represent a unique partnership
opportunity between TNC, GOCO and Greenlight Energy where all the players can create a wind farm
that supports things Coloradoans value such as renewable energy resources,wildlife, open space and
natural prairie habitat.
TNC believes that this project can be replicated on other parcels around the Cedar Creek Wind Farm.
Our overall goal is to not only replicate this model on the other parcels immediately adjacent to the
Spirit Canyon and Lonesome Pines Ranches, but in other parts of the state where wind energy
development is likely to occur.
2. Demonstration Value
• Explain how this project demonstrates a unique or important tool, technique,partnership, or process
that would be useful to other organizations and that furthers GOCO's mission.
If successful, TNC believes that other counties, conservation organizations and private individuals can use
this model to collaborate with wind energy developers in their communities. The wind energy industry is
eager to build positive partnerships with public wildlife agencies, conservation groups and local
communities.
3. Future Phases
Great Outdoors Colorado Open Space Application Page 15
Chalk Bluffs Conservation Easements
The Nature Conservancy
August 17, 2006
• Do you plan to seek future GOCO funding for other adjacent or nearby parcels, or for future phases
of this project? If so, generally describe those additional parcels or phases and how their protection
will enhance this project.
The Spirit Canyon and Lonesome Pines Ranches represent only the first phase in the Chalk Bluffs
Conservation Easements project. TNC aims to eventually conserve adjacent ranches along the bluff
who are participating in the Cedar Creek Wind Farm. In the end TNC hopes to conserve 14,500 acres
of connected grassland and Sharp-tailed grouse habitat along 12 contiguous miles of bluff. INC is
currently seeking funding from the Colorado Division of Wildlife for these other transactions, or may
return to GOCO for funding in subsequent Open Space rounds.
D. Leveraging of Funds (10 points)
• Describe how this project will leverage local, state, or federal dollars for public benefit.
TNC is asking GOCO to contribute only 50% of the project value(or 65% of project cost), leveraging
25% landowner donation of value, at least$75,000 from Greenlight Energy and $136,000 from TNC.
Please see attached budget for details.
• Why is GOCO funding required to accomplish this project, and how would other funding leverage a
GOCO grant?
GOCO funding is critical to this project because the project does not have project attributes that would
make it attractive for other readily available sources, such as wetlands or hunting access. Finally,
Weld County does not have a County Open Space fund, so there are no other local funding sources
available. TNC and Greenlight funds are not enough on their own to preserve these ranches, but can
hopefully leverage the necessary GOCO funds.
• Describe which sources offunding have been confirmed and which are not yet committed.
Greenlight Energy has committed in writing to providing$75,000 for the project((please see attached
letter). TNC has identified internal funds of$75,000 to put toward acquisition costs, as well as
another$8,000 of indirect.
TNC has yet to identify the source of the remaining$53,000. We are pursuing an additional $25,000
from Greenlight and will submit a proposal to the National Fish and Wildlife Foundation's partnership
project with the Natural Resource Conservation Service on September 1, 2006.
TNC has also submitted a proposal to the CDOW Habitat Protection Program for the full Chalk Bluff
project—including the Spirit Canyon and Lonesome Pines Ranches and six other parcels along the
escarpment. However,preliminary conversations with CDOW have led INC to believe that the
proposal is not competitive for DOW funds given their current focus on big game habitat,hunting
access and sagebrush systems. Therefore, 'INC is submitting this proposal to GOCO for a portion of
the full Chalk Bluff project. If TNC unexpectedly receives funding from both GOCO and CDOW for
the Chalk Bluffs project, 'INC would hope to explore with both agencies the possibility of using
GOCO funds for the Spirit Canyon and Lonesome Pines Ranches, and using CDOW funds for the
other six parcels.
Great Outdoors Colorado Open Space Application Page 16
• Chalk Bluffs Conservation Easements
The Nature Conservancy
August 17, 2006
• For local government applicants, iffunds will be used from an open space tax, explain the basics of
the tax. What is the tax based on? When does the tax expire? How much does the tax generate per
year? How much of the tax is dedicated to management and administration costs and how much is
dedicated to the acquisition of land? Are the funds used for any other purpose, such as parks and
recreation development? And if so, what is the approximate percentage dedicated to each use?
Not applicable.
• Please provide letters of intent or signed option agreements or purchase contracts from the
landowners for each parcel covered by this application.
Please see the attached.
• Provide commitment letters from those partners who have already committed cash and in-kind funds
to this project.
Please see the attached letter from Greenlight Energy.
• For the funds that still need to be committed, explain when and from whom you anticipate receiving
commitments for the remaining funds. Include information about any other GOCO sources offunding
you have requested and/or anticipate receiving for this project(remember GOCO's minimum match
requirements, and see budget guidelines for detail). Please note that GOCO may waive the minimum
match requirements in certain hardship cases. Please notify GOCO if the minimum match cannot be
met.
TNC will pursue funding from the National Fish and Wildlife partnership with the Natural Resource
Conservation Service as well as private donors for the remaining funds. We will hear back from
NFWF by early 2007.
E. Other Partnership and Support (15 points)
• List any partners contributing to the project in a non-monetary but other tangible fashion. For
example,public agencies, environmental organizations, community organizations, businesses, and
non-governmental groups that may be donating professional time or pledging funding for future
phases of the project. Provide support letters documenting these additional partnerships and
contributions.
• Attach letters of support from all local governments having land use authority over the property.
GOCO requires support letters from the county in which a property is located, and also from the town
or city, if the property is within town or city limits. These letters must be on official letterhead and
signed by the council or commission chair.
TNC and Greenlight Energy are currently working to secure a letter of support from the Weld County
Commissioners. It will be delivered to GOCO by August 30, 2006.
• Describe and document any additional general support for your project. This should include letters of
support from individual citizens and community groups, and could include news articles,petitions,
etc.
Great Outdoors Colorado Open Space Application Page 17
Chalk Bluffs Conservation Easements .
The Nature Conservancy
August 17, 2006
Central Shortgrass Partnership
In 2004 a group of nearly two dozen land managers, land owners, state and federal agency
representatives and scientists came together to undertake the Central Shortgrass Prairie
Ecoregional Assessment, forming the Central Shortgrass Prairie Partnership. Specifically,
participants include:
• Colorado Association of Conservation Districts
• Colorado Division of Wildlife
• Colorado State Land Board
• DECAM/Ft. Carson
• Playa Lakes Joint Venture
• USFS Pawnee National Grasslands
• Natural Resources Conservation Service
• Rocky Mountain Bird Observatory
• U.S. Environmental Protection Agency
• U.S. Fish and Wildlife Service
• The Nature Conservancy
• USFS Comanche Cimarron National Grasslands
• Colorado Natural Heritage Program
In the words of the Central Shortgrass Prairie Partnership:
"The conservation of the Central Shortgrass Prairie ecoregion is urgent-- temperate grasslands
are one of the least protected major habitat types on Earth, with only 2%protected globally and
less then 5%protected in the United States. Temperate grasslands are also one of the most highly
converted habitats on Earth. The Chalk Bluffs Conservation Easements--fall within priority
landscapes identified by the CSP assessment. The Chalk Bluffs projects are particularly
important for the conservation of the Central Shortgrass Prairie ecoregion and the species,
natural communities and ecosystems it contains. "
Other Letters of Support
Please see attached letters of support from:
Pawnee National Grasslands, USFS
Colorado Division of Wildlife
Legacy Land Trust
F. Ability to Accomplish Goals (5 points)
• Describe your ability to complete the specific transaction(s) that will be necessary to accomplish this
project. How have you demonstrated your ability with similar transactions?
• Describe your staff expertise and financial resources that will be used to complete this project, and
similar information about partners who will assist you in completing the project.
The Nature Conservancy is an international,non-profit organization dedicated to the conservation of
biological diversity. Our mission is to preserve the plants, animals and natural communities that
represent the diversity of life on Earth by protecting the lands and waters they need to survive. Sound
Great Outdoors Colorado Open Space Application Page 18
' Chalk Bluffs Conservation Easements
The Nature Conservancy
August 17, 2006
science and strong partnerships with public and private landowners to achieve tangible and lasting
results characterize our conservation programs. The Nature Conservancy is one of the largest
conservation organizations in the world and has been in operation since 1951. The Colorado program
has been operating since 1963, and by working with local communities and partners,the program has
conserved close to 600,000 acres in Colorado.
The Nature Conservancy has completed over 66 conservation easement transactions in Colorado and
has a state-of-the art easement monitoring program in place. TNC has partnered with GOCO on over
25 conservation easement transactions. The Nature Conservancy Colorado staff has a combined
experience of more than 30 years of easement monitoring and management experience, including
grazing plans, imperiled species monitoring, grazing management, and range monitoring. We have
legal monitoring obligations for over 66 easements as well as a 25-year management agreement over
the State Land Board's Bohart Ranch (El Paso County).
• Do you have outstanding grants from Great Outdoors Colorado (from any grant program) or the
State Parks Trails program that have passed their original or extended completion date? If yes,
describe why these projects have been delayed and when you anticipate completing them.
The Nature Conservancy does not have any outstanding GOCO grants.
Great Outdoors Colorado Open Space Application Page 19
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Above: Looking northwest across the Lonesome Pines Ranch from WCR 122. The western tip of
the bluff lies on the Spirit Canyon Ranch. The darker vegetation on the bluff is the relic limber
pine juniper plant community.
Below: View from the intersection of WCR 122 and 97, looking across the prairie and toward the
bluff that is shared by the ranches at the north end of the project area.
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Above: View from Spirit Canyon Ranch looking toward the bluff system on the Lonesome Pine
Ranch. The intersection of the prairie and bluff ecosystems provides rare habitats for Borne
species and rare opportunities for interactions among others.
Below: Vier southwest from Spirit Canyon bluff onto the shortgrass prairie typical of both the
ranches. Rugged locations like the one provide protection for nesting raptors.
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United States Forest Pawnee 660"O"Street
USDA Department of Service National Grassland Greeley,CO 80631
Agriculture Voice: (970)346-5000 TDD: (970)346-5015
Web: www.fs.fed.us/r2/arnf
Fax: (970)346-5014
File Code: 5400
Date: August 18, 2006
John Swartout
Executive Director
Great Outdoors Colorado
1600 Broadway, Suite 1650
Denver, CO 80202
Dear Mr. Swartout:
The Pawnee National Grassland strongly supports The Nature Conservancy's proposal to Great
Outdoors Colorado to conserve land along the line of chalk bluffs located east of Grover,
Colorado in Weld County.
The acquisition of conservation easements through this project will protect important habitat
suitable for a wide range of important plant and animal species, including several raptors,plains
sharp-tailed grouse, mountain cat's eye, burrowing owls, mountain plovers, alpine fever few,
pronghorn antelope, and mule deer to name just a few. In addition,the project will protect an
important portion of a system that supports mountain mahogany and limber pine, species more
typically found in mountain habitats. On Colorado's eastern plains,these species occur only on
the chalk bluff system where this project would be located.
Beyond the direct value of the acres of habitat protected by the project, conservation on a larger
landscape will be facilitated by creating linkages among US Forest Service and State Land Board
parcels that are currently separated by large blocks of private land. These links will establish an
ecologically coherent block of land. Further, the explicit conservation goals of the project will
provide a foundation for developing management consistency across the diverse ownerships in
this block. In a landscape with"fragmented" ownership,this is a highly effective way to ensure
meaningful conservation over the long term. In time,this project may even serve as the core of a
larger suite of conserved properties along the bluff system that may conceivably reach all the
•
way to the Pawnee Buttes.
For both the project's direct conservation values and the potential it creates for future
conservation successes, I and the Pawnee National Grassland are enthusiastic about this project
and encourage Great Outdoors Colorado to fund the initiative.
Sincerely,j . ,(4/2,./ ie:STEVEN R. CURREY'J
District Ranger
Caring for the Land and Serving People Printed on Recycled Paper O
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