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Home My WebLink About20060705.tiff _ NATURAL RESOURCE ASSESSMENT REPORT ST. VRAIN LAKES PROPERTY WELD COUNTY, COLORADO ,.1 Prepared for— Carma—Colorado Highlands Place II 9220 E. Nichols Avenue, Suite#180 Englewood, Colorado 80112 Prepared by- - ERO Resources Corporation 1842 Clarkson Street _ Denver, Colorado 80218 (303) 830-1188 May 20, 2004 EXHIBIT ERO 2006-0705 af3, Resources Corporation ^ CONTENTS Study Area Location 1 Methods 1 Study Area Description 2 Wetlands and Waters of the U.S 3 Wetlands 3 Federally Threatened, Endangered, and Candidate Species 6 Bald Eagle (Haliaeetus leucocephalus) 6 Species Background 6 Potential Habitat 6 Preble's Meadow Jumping Mouse (Zapus hudsonius preblei) 7 Species Background 7 Potential Habitat 8 _ Ute Ladies'-Tresses Orchid (Spiranthes diluvialis) 8 Species Background 8 Potential Habitat 8 Colorado Butterfly Plant (Gaura neomexicana coloradensis) 9 Species Background 9 Potential Habitat 9 Black-Tailed Prairie Dog(Cynomys ludovicianus) 9 Species Background 9 Potential Habitat 9 Other Regulated Natural Resources 10 Migratory Bird Treaty Act 10 Potential Habitat 10 Additional Wildlife Habitat 11 Conclusions and Recommendations 11 References 13 ERO p:\2500 projects\2580 earma-brighton crossing\nat res assessment.doc Resources Corporation NATURAL RESOURCE ASSESSMENT REPORT ST. VRAIN LAKES PROPERTY WELD COUNTY, COLORADO MAY 20, 2004 Carma, Best Communities retained ERO Resources Corporation to conduct a natural resource assessment for the St. Vrain Lakes property(the property) in Weld County, Colorado (Figure 1). On May 4 and 10, 2004, Denise Larson and Clint Henke, ecologists with ERO, visited the property to review natural resources. During this site review, activities included delineating jurisdictional wetlands, identifying potential threatened and endangered species habitat, and identifying other regulated natural resources that might be affected by development of the property. Study Area Location The St. Vrain Lakes property occurs east of I-25 and south of Highway 66 in Weld County. The St. Vrain River forms parts of the southern property boundary. Most of this property and the surrounding area is agricultural land with active and completed gravel mining operations along the St. Vrain River. Barbour Ponds State Recreation Area occurs west of the property. The property studied for this assessment is located in Sections 25, 35, and 36, of Township 3 South, Range 68 West in Gowanda Colorado quadrangle. The UTM coordinates for the approximate center of the property are 4448750mN and 504000mE, Zone 13 (Figure 1). Methods This natural resource assessment included analysis of topographical maps of the property and a review of existing information available from the Colorado Division of Wildlife (CDOW), the Natural Diversity Information System (NDIS), and the U.S. Fish and Wildlife Service (Service). The assessment also included a site reconnaissance to identify and address any potential wetland, T&E species, and wildlife issues associated with the project. 1 ERO Resources Corporation NATURAL RESOURCE ASSESSMENT WELD COUNTY PROPERTY As part of the natural resource assessment,jurisdictional wetlands were delineated using methods outlined in the 1987 Corps of Engineers Wetlands Delineation Manual and based on the presence of three wetland indicators: hydrophytic vegetation, hydric soils, and wetland hydrology. Wetland indicator status for plant species was determined by Sabine (1994). ERO delineated wetlands using a Trimble ProXR Global Positioning (GPS) unit and TBC1 data logger. Data was differentially corrected using the CompassCom base station. All differential correction was completed using Trimble Pathfinder Office 2.51 software. Study Area Description Most of the northern portion of the property is currently farmed. Several farm houses occur in the area surrounded by large cottonwoods (Populus deltoides monifera) and other trees. Concrete-lined and unlined irrigation ditches crisscross the fields. Several small drainages flow generally southeast toward the St. Vrain River. Wetlands occur in the bottom of some of these drainages; other drainages are covered by a combination of introduced pasture grasses, such as smooth brome (Bromus inermis) and intermediate wheatgrass (Elymus hispidus), and weeds such as Canada thistle (Cirsium arvense) and whitetop (Cardaria draba). The soils within the agricultural fields are loams, ranging from clay loams to silt loams (SCS 1980). South of the agricultural fields, a bluff slopes down to the broad, gravelly St. Vrain flood plain. Introduced pasture grass dominate these slopes of loams and sandy loams (SCS 1980.) The St. Vrain River flood plain consists of dark poorly drained soils above gravelly substratum formed in recent alluvium (SCS 1980). The flood plain is generally moister than the bluffs and agricultural fields to the north and contains a mixture of mesic grasslands and wetlands. The mesic grasslands consist of a mixture of intermediate wheatgrass,whitetop, foxtail barley(Hordeum jubatum), saltgrass (Distichlis spicatum), and other herbaceous species. Large cottonwoods and other trees form a riparian forest along the banks of the St. Vrain River. Several ponds from gravel mining operations occur within the floodplain. 2 ERO Resources Corporation NATURAL RESOURCE ASSESSMENT WELD COUNTY PROPERTY The project area ranges in elevation from 4,950 feet at the northern end to 4,810 along the St. Vrain River. Wetlands and Waters of the U.S. Jurisdictional wetlands and waters of the U.S are protected under Section 404 of the Clean Water Act (33 U.S.C. 1344), which is regulated by the U.S. Army Corps of Engineers (Corps). Jurisdictional wetlands are defined as adjacent to or part of a tributary system to navigable waters of the U.S. The Corps does not regulate isolated, non- navigable, intrastate waters (Supreme Court ruling: SWANCC vs. USACOE, No. 99- - 1179, January 9, 2001). Wetlands Wetlands occur along several drainages,within the St. Vrain River floodplain, and as a narrow fringe along the banks of the river as follows (Figure 2): Wetland 1 (Data Sheet S1): Wetland 1 (Photo 1) occurs within the bottom of a narrow drainage that starts at an agricultural field (Photo 2) and eventually ends in a vegetated swale within the St. Vrain floodplain (Photo 4). Cattails (Typha latifolia) dominate the wetlands with bulrushes (Scirpus validus) and other herbaceous species also commonly occur. The soils within the wetland were generally saturated. Wetland 1 appears to be isolated and therefore not under the jurisdiction of the Corps because the drainage ends in an upland vegetated swale and does not have a surface connection to the St. Vrain River. Also, the USGS does not designate this drainage as a — stream (Figure 1). Wetland 2 (Data Sheet S2-to S4): Across the road and downstream from Wetland 1, Wetland 2 consists of an herbaceous seasonally saturated wetland dominated by foxtail barley(Photo 3). At the time of the site visit, the site was dry although there were drainage patterns within the wetlands. The soils are sandy clay to clay dark grayish brown with mottles. The wetland continues from the road to just above a breached dam. Downstream from the breached dam is a vegetated upland with no evidence of defined 3 ERO Resources Corporation NATURAL RESOURCE ASSESSMENT WELD COUNTY PROPERTY A- banks (Photo 4). Wetland 2 does not appear to be jurisdictional because it is isolated from the St. Vrain River and the USGS does not designate the drainage as a stream. Wetland 3 (Data Sheet 55): Wetland 3, a broad herbaceous wetland supporting foxtail barley, occurs on the floodplain below Wetland 2 (Photo 5). This cattle-churned wetland area has loamy clay, dark grayish brown soils with mottles. The wetland ends abruptly at a road next to the property fence. No surface connection was apparent between Wetland 3 and the St. Vrain River; however, ERO did not have access and was not able to verify that there was no surface connection. Wetland 3 may be isolated and non-jurisdictional. Wetland 4 (Data Sheets DPlto DP7): Wetland 4 has formed in a large drainage associated with runoff from a stock pond and irrigation water used to support livestock and agricultural fields in the area(Photos 6, 7). Vegetation consists mainly of cattail and three-square bulrush(Scirpus pungens). Weedy vegetation such as Canada thistle and whitetop occur on the fringes of the wetland. The drainage and associated wetlands flow southeast through a large parcel of agricultural land and connect with the St. Vrain River. Because there is a surface connection to the St. Vrain River, Wetland 4 appears to fall under the jurisdiction of the Corps. Wetland 5: Wetland 5 consists of a small cattail marsh adjacent to the southeastern end of Wetland 4 (Figure 2; Photo 8). The marsh is dominated by cattail, soft-stem — bulrush, and three-square bulrush. Small patches of foxtail barley, Baltic rush and Canada thistle occur around the immediate edge of the marsh. Steep, eroded banks surround Wetlands 4 and 5 in this portion of the study area. Degraded, weedy uplands and agricultural land surround Wetland 5. Wetland 5 appears to connect to Wetland 4. Due to this apparent connection to Wetland 4 and its close proximity to the St. Vrain River, it is likely that this wetland is jurisdictional. Wetlands 6, 7, and 8 (Data Sheet W6-8 ): Wetlands 6, 7, and 8 appear to be residual wetlands from historical irrigation and runoff. Wetland 6 contains a stock pond that was approximately 50 percent full at the time of the site visit on May 10, 2004 (Photo 9). Dominant vegetation in all three wetlands consists of Baltic rush, saltgrass, and 4 ERO Resources Corporation NATURAL RESOURCE ASSESSMENT WELD COUNTY PROPERTY foxtail barley. The surrounding soil is very alkaline with salt deposits visible on the surrounding soils. Adjacent uplands consist mainly of whitetop, field bindweed (Convolvulus arvensis), and mullein (Verbascum thapsus) (Photo 10). Wetlands 6, 7, and 8 did not have any apparent surface connections to the St. Vrain River; these wetlands may be isolated and non jurisdictional. Wetland 9: Wetland 9 consists of small patches of wetlands that have formed on the fringe of the large open water ponds in the southwestern portion of the property. Vegetation in these areas consists mostly of sandbar willow(Salix exigua) and Baltic — rush. Wetland 9 occurs on the southern portion of the largest pond. It is possible that this wetland is jurisdictional; however, a confirmation from the Corps is necessary. Soils along the ponds are very alkaline and consist of a mix of sand and clay loam. Wetlands 10 and 11 (Data Sheet W-11): Wetlands 10 and 11 have formed along the immediate banks of the St. Vrain River. Vegetation in both wetlands is dominated by sandbar willow, soft-stem bulrush, Baltic rush, and reed canarygrass (Phalaris arundinacea). Soils in these areas is very sandy and is likely scoured during high flow events. Wetlands 10 and 11 are likely jurisdictional due to the surface connections to the St. Vrain River. Wetland 12: Wetland 12 consists of a narrow fringe of vegetation along the St. Vrain River. Dominant vegetation within these wetlands consists mostly of reed canarygrass and sandbar willow. Upland species such as wild licorice, showy milkweed, Canada thistle and teasel are prevalent surrounding the wetlands along the river. Jurisdictional Waters of the U.S.: The St. Vrain River (Wetland 12) is a jurisdictional waterway. Placement of fill, alteration of flow regime, and impacts to adjacent wetlands requires proper permitting from the U.S. Army Corps of Engineers. Gravel ponds filled with water are located in the southwest portion of the property. These ponds may fall under the jurisdiction of the Corps; however, a Corps determination may be necessary to confirm the jurisdiction of the ponds. 5 ERO Resources Corporation NATURAL RESOURCE ASSESSMENT WELD COUNTY PROPERTY Federally Threatened, Endangered, and Candidate Species Federally threatened and endangered species are protected under the Endangered Species Act (ESA) of 1973 as amended (16 U.S.C. 1531 et seq.). Significant adverse effects to a federally listed species or its habitat would require consultation with the Service under Section 7 of the ESA. Populations of the following federally listed threatened and endangered species potentially occur in this portion of Weld County(Service 2003). 1. Bald eagle 2. Black-footed ferret 3. Colorado butterfly plant 4. Preble's meadow jumping mouse 5. Ute ladies'-tresses orchid Additionally, the black-tailed prairie dog is considered a candidate for federal listing as threatened. r Bald Eagle (Haliaeetus leucocephalus) Species Background The bald eagle was listed as an endangered species in 1978. Since listing, the population trend for the bald eagle has been increasing and has been downlisted from endangered to threatened in 1995. Bald eagles are primarily winter residents in Colorado, _ although nesting along the Colorado Front Range has increased in recent years (CDOW 2001). Most nesting in Colorado occurs near lakes or reservoirs or along rivers. Typical bald eagle nesting habitat consists of forests or wooded areas that contain many tall, aged, dying and dead trees (Martell 1992). Potential Habitat No communal roost sites or nests are known to occur on the property. The nearest communal roost occurs several miles to the southwest along South Boulder Creek, and the nearest nesting site occurs to the northeast along the St. Vrain River near the confluence with the South Platte River(CDOW 2004). 6 ERO Resources Corporation NATURAL RESOURCE ASSESSMENT WELD COUNTY PROPERTY The Colorado Division of Wildlife identifies the portion of the St. Vrain River within the project area as a bald eagle winter concentration and foraging area. Winter concentration areas are defined as areas (such as riparian forest)within an existing winter range where eagles concentrate between November 15 and April 1. These areas may be associated with roost sites. If bald eagles are found to roost along the St. Vrain River, the Colorado Division of Wildlife recommends a buffer of mile radius of the roost site between November 15 and March 15. Activities such as construction should not occur within the buffer during this winter period. (Craig 2002). Black-footed Ferret (Mustela nigripes) Species Background The black-footed ferret is listed as endangered under the ESA. Black-footed ferrets are associated with prairie dog colonies where they depend on this species for food and shelter. Over the past century, prairie dog distribution has been substantially reduced due to habitat loss,plague and poisoning practices (BLM 1984). Due to the loss of prairie dog habitat, the black-footed ferret has nearly been completely extirpated. Current FWS criteria for defining potential black-footed ferret habitat consist of any black-tailed prairie dog town or complex of greater than 80 acres (FWS 1989). Potential Habitat The three prairie dog towns form a complex of greater than 80 acres; therefore the property meets the minimum requirement for black-footed ferret habitat. The Service may require a black-footed ferret survey on the property. be sent to the su "- Preble's Meadow Jumping Mouse (Zapus hudsonius preblei) Species Background The Preble's meadow jumping mouse (Preble's) is listed as threatened under the ESA. Typically, Preble's is located in low undergrowth consisting of grasses and forbs, in open wet meadows, riparian corridors near forests, or where tall shrubs and low trees provide adequate cover. Along Colorado's Front Range, Preble's is found below 7,600 7 ERO Resources Corporation NATURAL RESOURCE ASSESSMENT WELD COUNTY PROPERTY feet in elevation, generally in lowlands with medium to high moisture along permanent or intermittent streams and irrigation canals (Meaney et al. 1997). — Potential Habitat The project area has the shrubby riparian community that is typical Preble's habitat in patches along the St. Vrain River. ERO Resources surveyed this area in 1999 and no mice were found. The Service found the survey acceptable and actions on this site should not directly affect the continued existence of Preble's (Service 1999a). The nearest capture sites occur approximately 10 miles north of the project site along the Little and — Big Thompson drainages. B.epcause t,. ' ey is over 3 years old a letter should); sub ' • stAri survey be renewed. Ute Ladies'-Tresses Orchid (Spiranthes diluvialis) Species Background The Ute ladies'-tresses orchid is federally listed as threatened. Ute ladies'-tresses orchid (ULTO) occurs at elevations below 6,500 feet in moist to wet alluvial meadows, flood plains of perennial streams, and around springs and lakes (CNPS 1989). Generally, the vegetative cover is relatively open; dense, overgrown sites are not conducive to ULTO establishment. The Service survey guidelines for the ULTO recommend surveys for perennial streams and wetlands and floodplains associated with perennial streams. Potential Habitat The alluvial mesic grasslands and wetlands along the St. Vrain River have some potential habitat for Ute ladies'-tresses orchid. ERO surveyed for this orchid in 1999 and no orchids were found. The Service accepted the survey report and concurred that the proposed project is not likely to adversely affect the continued existence of this orchid (Service 1999b). B, J S. ist(x 0iycag.chi, a letter should be s} i tl tted to the Service r }tc*itk ( apceftance of the survey be renewed. 8 ERO Resources Corporation NATURAL RESOURCE ASSESSMENT WELD COUNTY PROPERTY Colorado Butterfly Plant (Gaura neomexicana coloradensis) Species Background The Colorado butterfly plant (CBP) is federally listed as threatened under the ESA and is found within a small area in southeastern Wyoming, western Nebraska, and north- central Colorado. It occurs on sub-irrigated, alluvial soils on level or slightly sloping flood plains and drainage bottoms at elevations 5,000 to 6,000 feet (CNPS 1989). Typical CBP habitat is relatively open without dense or overgrown vegetation. Potential Habitat Potential habitat for this s ecies occurs along the flood lain of the St. Vrain River. Y wO*PfgM'trar,.. 7'$"?YrItfl0.HAW"oVH9i,eV+6 4't ... VWa"t..S"'L. e'ae."r_'£°a03^y£.:� :.00. Black-Tailed Prairie Dog (Cynomys ludovicianus) Species Background In 1998, the Service received a petition from the National Wildlife Federation to list the black-tailed prairie dog as a threatened species under the ESA. In the February 4, 2000 Federal Register, the Service announced that listing of the black-tailed prairie under the ESA is warranted but precluded by other higher priority actions. The status of this species will be re-evaluated annually by the Service. Its current status as a candidate species does not protect the prairie dog under the ESA; however, future listing of the prairie dog would require consultation with the Service before disturbing a colony. Potential Habitat Populations of black-tailed prairie dogs occur in the southern half of the property. The largest colonies occur along and west of Weld County Road 13 in areas bordering t Wetlands 1, 2 and 3; along and immediately south of Weld County Road 28; and north of the open water ponds in the southwestern portion of the property(Figure 3). Currently there are no regulations that protect prairie dogs and the presence of prairie dogs will not impact the project unless they are listed during construction. If the species were to be listed during construction, restrictions could be enforced near and adjacent to prairie dog towns. Furthermore, prairie dog colonies contain habitat for the state threatened burrowing owl (see below). 9 ERO Resources Corporation NATURAL RESOURCE ASSESSMENT WELD COUNTY PROPERTY Other Regulated Natural Resources Migratory Bird Treaty Act Unless permitted by regulations, the Migratory Bird Treaty Act provides that it is unlawful to pursue, hunt, take, capture or kill; attempt to take, capture or kill; possess, offer to or sell, barter, purchase, deliver or cause to be shipped, exported, imported, transported, carried or received any migratory bird, part, nest, egg or product, manufactured or not. Subject to limitations in the Act. In Colorado all birds except for European starling, house sparrow, and rock dove (pigeon) are protected under the MBTA. The following summary outlines the rules and regulations of the MBTA: • While destruction of a nest by itself is not prohibited under the MBTA, nest destruction that results in the unpermitted take of migratory birds or their eggs is illegal and fully prosecutable under the MBTA (Migratory Bird Permit Memorandum, Steve Williams - Director U.S. Fish and Wildlife Service, April 15, 2003). Thus the nest or nest trees cannot be removed or destroyed during the breeding season(generally March through July). ■ Take of an active nest site requires obtaining a nest depredation permit from the Migratory Bird Office of the U.S. Fish and Wildlife Service. • Nests or nest trees that will eventually be removed can be removed during the non-breeding season to preclude nesting. • Habitat disturbing activities (such as tree removal, grading, scraping, and grubbing) should be conducted in the non-breeding season(August through February) to avoid disturbing(or take) of a migratory bird nest, including ground- nesting species. Burrowing owls, a species that nests in abandoned prairie dog dens, are protected by the MBTA. Additionally, raptors in Colorado are all protected under the MBTA. The CDOW has published recommended buffer zones for nesting and breeding raptors in the state. Appendix A contains descriptions of the recommended buffer zones for raptors. Potential Habitat Several nesting migratory birds were observed nesting in the area, including pairs of great horned owls (Bubo virginianus), red-tailed hawks (Buteojamaicensis), and red- - winged blackbirds (Ageliaus phoeniceus). Impacts to nesting birds must be avoided during the breeding season which occurs between the months of March and July. The 10 ERO Resources Corporation NATURAL RESOURCE ASSESSMENT WELD COUNTY PROPERTY r• regulations described above should be followed if construction is to occur during the breeding season. Additionally, the recommended buffer zone for the red-tailed hawk should be followed if construction is to occur before August. Habitat for the burrowing owl (Athene cunicularia) occurs in the prairie dog colonies on the project property. If construction occurs between the months of March and October, a burrowing owl survey should be conducted. Direct impacts to this species may be avoided by grading the area between the months of November and February. Additional Wildlife Habitat Areas within the study area provide habitat for other larger animals including coyotes, red fox,badgers and raccoon. Large burrows on the property indicate the current presence of these animals. Smaller animals such as cottontail rabbits, deer mice and pocket gophers also utilize the habitat within the study area. However, proposed development would not have a negative impact on these animals because these species are widespread throughout Weld County. Additionally, there is similar habitat nearby and many of these animals will adapt readily to nearby habitat. Habitat for large game occurs on the property. Mule deer, white-tailed deer and pronghorn likely inhabit or forage on the property. The St. Vrain River is likely a migration corridor for deer species. Pronghorn likely forage in open grassland areas on the site. However, the proposed project should not affect large populations of these species since similar habitat occurs nearby. Conclusions and Recommendations Potential jurisdictional wetlands or waters of the U.S. occur within the project area. Wetlands 4, 5, 9, 10, and 11 are all potentially jurisdictional under the Corps. Additionally,past gravel mines that are now open water are potentially jurisdictional waters. However, confirmation from the Corps should be obtained to verify jurisdictional wetlands and open water on the property. The St. Vrain River is jurisdictional and, therefore, under the Corps authority. Any activities that include the discharge of dredge 11 ERO Resources Corporation NATURAL RESOURCE ASSESSMENT WELD COUNTY PROPERTY or fill material into a waters of the U.S. requires authorization from the Corps under either a Nationwide Permit or Individual Permit. Potential habitat for the federal threatened bald eagle, black-footed ferret, Ute ladies'- tresses orchid, Colorado butterfly plant, and Preble's meadow jumping mouse occur on the site. • Bald Eagle- No known bald eagle roost or nest sites occur on the property. However, this property is designated as a winter concentration area that may potentially contain winter roost sites. If eagles were to roost or nest along the St. Vrain River near the project area, restrictions to the development could apply. • Black-footed ferret- Surveys may be required; a letter should be sent to the Service to confirm that a survey is needed. • Preble's meadow jumping mouse and Ute ladies' tresses orchid - Surveys for the Preble's meadow jumping mouse and Ute ladies'-tresses orchid were performed in 1999. The surveys were accepted by the Service. Because surveys for these species have expired, habitat assessment update letters should be submitted to the Service to renew acceptance. • Colorado Butterfly Plant- The Colorado butterfly plant can be addressed within the Ute ladies'-tresses orchid assessment letter. No additional threatened and endangered species regulated under the ESA are likely to occur on the property. No designated critical habitat for any federal, state, or local .- threatened, endangered or sensitive species exists at the property. The property provides known and potential nesting habitat for several migratory birds. Nesting great horned owls, red-tailed hawks and red-winged blackbirds were observed during the site visit. Burrowing owls may nest within the prairie dog towns within the property. If active nests are found, they cannot be disturbed during active breeding season(generally March through August) depending on the species. Habitat for large game species and smaller predators and herbivores occur on the property. Many of these species readily adapt to disturbed areas and are able to relocate to open habitat surrounding the project site. 12 ERO Resources Corporation NATURAL RESOURCE ASSESSMENT WELD COUNTY PROPERTY References CDOW (Colorado Division of Wildlife). 2001. Colorado listing of endangered, threatened and wildlife species of special concern. CDOW (Colorado Division of Wildlife). 2004. Natural Diversity Information Source— Bald Eagle Winter Activity. <http://ndis.nrel.colostate.edu/maps/default.asp? cmd=INIT&MapLinksID=1172&V isibleDatalD=40,41,42&Topic=Wildlife> CNDIS (Colorado Natural Diversity Information System). 2001. Website review http://ndis.nrel.colostate.edu CNPS (Colorado Native Plant Society). 1989. Rare Plants of Colorado. Rocky Mountain Nature Association and Colorado Native Plant Society. Craig, G. 2002. Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors. Prepared for Colorado Division of Wildlife. Martell, M. 1992. Bald Eagle Winter management guidelines. U.S. Fish and Wildlife Service, Reg. 3, Minneapolis, MN. Meaney, C.A., A. Deans, N.W. Clippenger, M. Rider, N. Daly, and M. O'Shea-Stone. 1997. Third year survey for Preble's meadow jumping mouse (Zapus hudsonius preblei) in Colorado. Boulder, CO. Sabine, B (ed.). 1994. National List of Plant Species that occur in Wetlands: Regions 4,5, and 8. Resource Management Group, Inc. SCS (Soil Conservation Service). 1980. Soil Survey of Weld County, Colorado— Southern Part. U.S. Department of Agriculture. Service (U.S. Fish and Wildlife Service). 1999a. Preble's meadow jumping mouse acceptance letter to ERO Resources. Reference:Peter/PMJM/1999.30. Service (U.S. Fish and Wildlife Service). 1999b. Ute ladies'-tresses orchid acceptance letter to ERO Resources. Reference:JPM*T&E\orchid\1999\sder02015.wpf. Service (U.S. Fish and Wildlife Service). 2003. Federally Listed and Candidate species and habitat in Colorado by County. www.r6.fws.goviendspp/countylists/colorado082003.htm. 13 ERO Resources Corporation — �� { •1 % %— j , 76 . . I / . i / j po • / • Shy Foster Project Area ' — Reservoir % j �, / 7/ • / a9s1 --- _ .. �� ,. a7/ j � 1 34 N % __.1.I/7/1 tC esa Hr.- �1.. T .-eta- _ - 827 ae)J e_M }iris .�. A813 CMAMa[� i — 5 % 1 i 0 A IL// .area .sty - .eJD • Kt ..1, x4839 - .ao. - 1 _ •0.0 .. ERAWeld County Property Figure 1 Sections 25,35,36,T3N,R68W Site Location — ERO Resources Corp. UTM Coordinates:Zone 13;4448750mN,504000mE 1842 Clarkson Street USGS Gowanda,CO Quadrangle Denver,CO 80218 Weld County,Colorado (303) 830-1188 N Prepared for:Carma-Best Communities Fax:(303)830-1199 File:2580 Figure 1 a iiiiiiMIIM0 2000 4000 feet 1 Inch=2,000 Feet May 2004 i s. i t --T—'27,7-' "jt C lac ice.' a . `'J r .z }( a � Project Area „ a , rr s it i+ � .,.�� t � a• * ^,..�._ -.Sam — >',II* Ic t - - x (f a A" - ,, S 1 ;.1..,'' T' r f.1`, 4 `e r S2 y4 1. OP7 DP3 is, •3 . I', r, ,'. ! 53 YR it 1 a :iii i d.c ,a " :Ci .� — r} 9'A, s DP2y,� p + ' 4 ami. W4 :;„,,",',4.%-'„ '�DPb �, 'a �. • x ,l11$ w..a. 55 — W7" ,Wb ,11c(;: ,-,,..- • y s' DP54 "', r re . Oo W3 r` s x ulsll , w - ;,t OW ..�' i1 W/WUS 72 :v' -� k• ' OW yyA,x 4" W11, r ! ! ps-� ,r OW W10%, �q r l; ` x£ 15 W�WUS 12 'i S 'f Uc ' t''''` . ERA Weld County Property Figure 2 Wetland Location '� ERO Resources Corp. Q Wetland, Waters of the U.S. and Open Water ,^ 1842 Clarkson Street Denver,CO 80218 DPS Sample Point .— (303) 830-1188 N Pe Best Communities Fox:(303(830-1199 �� File 2580 Figure 2.ai 0 000 2000 feef May 2004 tea` �s,^''�,- <b a¢'i _. 1• ti (/( 9 r x 1 "� y• fA4�5 Syy. er ` » Great Horned Owl Nest tri k 1:-.414W of 1 i '` k.: Red Tailed Hawk Nest s" st I x:, S: - .' rti!."'., �. k ;: tw: S �p�p�v s $ art d #r� - ' _ ,�+`' �` _� 1 TM EROWeld County Property Figure 3 `C'7 Wildlife Wildlife Locations — ERO Resources Corp. Bald Eagle Forage gr Co and or/id Concentration Area -,.� 1842 Clarkson Street Denver,CO 80218 Prairie Dog Colonies (303) 830-1188 N PreparFile:2edlor:Carina-BestCommuniHes Face:(303)830-1199 File:2004580 Figure 3 a 0 1000 2000 feet May 2004 CARMA- BRIGHTON CROSSING PHOTO LOG g�'kw t.4 gyp'{ x T aT 14*iri S'"F•� :.x.. ,#��gy,+-1 •�wk'#!4 ,i `2"t"t',.!: '• ',), ic 2' ..:-..---;-.1.,('22111. .f Rat S.S. ' 4111 i, , ', 1-'0'' ' Y `� f {,tij... � - �l .1.1..,':•.'i P :.J tom_"'.l �� . . 1A y - t J., Y,_s / — s ,l'p! I t"r1l • `ii • r r, Photo 1 - Cattail Marsh of Wetland 1. :Y . rFn tY. , Ey;. kT xpw �' 0"I" 'rsfs ` z, , :sj i y rx f t ,; y * .r s > .-- lot .,.� V besb{ .iw:� .y - .,,iiR; � �4 :.i3:: $�, "`>kxt.l.a++) •..'�A av �" Photo 2 - Upper end of Wetland 1. CARMA- BRIGHTON CROSSING PHOTO LOG fir t ns .'"' a Sk"5 * ≥P •,R-a-} . ' -"`.. i tfr — a Yf- C Photo 3 - Wetland 2 looking southeast. Photo 4 - Vegetated area below Wetland 2. Wetland 3 is in background. CARMA- BRIGHTON CROSSING ... PHOTO LOG /K — ';.P.... 7;'`'"5 of •l -7 .444:...Q „,� _ f r-i - fr l I A Photo 5 - Wetland 3. ._ �. si,"''-t... •T 4 ,k tike# vt z Y.wd.o ib ,' tie ' pz ra4 * 4 d lea t. — y'r t. tR ' ' ° . 6 ti t .< NSF - k a* �f �Q�t �t,�` t t y t:l d, r r Y'-.li 3f z KJ r ';,..ii : . t. �x 'wq'44 . - - RR r k , 7 , ?" ( 1 '.t ! t r fi Photo 6 - Wetland 4. View is to the southeast. CARMA- BRIGHTON CROSSING ..- PHOTO LOG • • .r'^ Pew • x>� x• • am. y 3 sf- ^ Photo 7 - Stock pond at the west end of Wetland 4. View is to the northwest. • ,` . A. fl't d �Fh xvlk. ` "ti• , " a�` g. ._ • • • a tkrx v $j Photo 8 - Southwest view of wetland 5. CARMA- BRIGHTON CROSSING PHOTO LOG &,n>•`� .4` 71+ T egg —_ 3,... J. gg a�y�A — ee.NPr+a ke' Et s d a.-s. }et r '. uY awe "M .a P -`1 raw,`& ..an : ' �^� � dF>� 3i " - a}41,0` fir s x b'°'n''''.4.% w vy.. �'5 S•:� d • _ $ ' �1 C { d Photo 9 - Stock pond attached to wetland 6. View is to the west. 't is '. ..::..•, :.:-.4.'"-,:-.4.."..' n 2 a w • y • S ::' v z S ey � �,d, '`)."N",:±";14 y a`" rr cd '') v h S. t',I+'k`hw 2 J. +- off,L 5 is �q j. ,` `S�h+�\ yF' i�iR '.. eMms t, T • 1--,.--,..;;;,(,,,,:!4i 4 h'4 R* ;`^ tit t ry x+t,YRi��aia. � �JF"AP IA - s - ' „ . t _ e .ate h y .may �� 3 y, .•y.."w4 1..�` YMZ Photo 10 - Uplands between Wetlands 7 and 8. Wetland 7 in the background. View is to the east. Hello