HomeMy WebLinkAbout20030047.tiff THREATENED AND ENDANGERED SPECIES
AND WETLANDS SURVEY
189 Acres of Section 33, Township 2 North,
Range 68 West, Weld County, Colorado
PREPARED FOR:
Mike Burns
Weld County Land Company,LLC
2500 Araphahoe Ave.
Boulder, CO 80302
P ARED BY: /2 D ;
er oly a rs. e : an P.G.
Plant Ecblogist / P siden
WESTERN ENVIRONMENT AND ECOLOGY, INC.
PROJECT NUMBER 134-008-01
July 19, 2001
WESTERN ENVIRONMENT AND ECOLOGY, INC.
2217 West Powers Avenue
Littleton, Colorado 80120
(303) 730-3452 office
(303)730-3461 fax
E-mail: westemlt@aol.com
Web page: www.westemenvironment.com
2003-0047
TABLE OF CONTENTS
1.0 INTRODUCTION 1
2.0 STUDY AREA 2
3.0 METHODS 5
4.0 RESULTS AND DISCUSSION 7-13
5.0 CONCLUSIONS /RECOMMENDATIONS 14
6.0 LITERATURE CITED 15
FIGURES
FIG. 1. Site Location Map 3
FIG. 2. Site Map 4
TABLES
TABLE 1. Threatened and Endangered Species of Weld County 6
APPENDICES
APPENDIX A Jurisdictional Determination Letter
APPENDIX B Statement of Qualifications
e
Threatened and Endangered Species and Wetlands Survey-Weld County,Colorado 1
1.0 INTRODUCTION
Western Environment and Ecology, Inc. (Western Environment)was retained by Mr.
Mike Burns of Weld County Land Company, LLC to conduct a general study of threatened and
endangered species, wetlands, and other significant habitats on their property in Weld County,
Colorado.
The objectives of this study were to (1) establish presence/absence and potential habitat
of any federal or state threatened and endangered species on the property, (2) identify any
wetlands or other ecologically sensitive areas on the property, and(3) make practical
recommendations based on the results of the study.
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Looking Toward North Border of Section 33
WESTERN SON;11 t' AND ECOLOGT
Threatened and Endangered Species and Wetlands Survey-Weld County,Colorado 2
2.0 STUDY AREA
The property is located on 189 acres in Section 33, Township 2 North, Range 68 West,
Weld County, Colorado. The property occupies the entire northeast quarter of Section 33 as
well as the far west quarter of the southeast quarter of the section (Figure 1). Highway 52
borders the property directly to the south. Agricultural land borders the property directly to the
west in the western half of Section 33 and directly to the north. Residences along County Road
7 border the property to the east. The Cottonwood Extension Ditch winds through the length of
the property. A second ditch, the Sullivan Irrigation Ditch, occurs in the northwest corner of the
property. The abandoned Erie Open Pit Mine lies within the northern portion of the property. A
small pond occurs on the western edge along the Erie Open Pit Mine (Figure 2).
A portion of the property near County Road 7 was in use for agricultural production at
the time of Western Environment's visit. The remainder of the land appeared fallow.
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View to the East of Section 33
WESTERN ENNTRONICE.N7 AND ECOLOGT
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USGS ERIE, COLO. QUADRANGLE 1967, PHOTO REVISED 1979
USGS FREDERICK, COLO, QUADRANGLE 1950, REVISED 1994 SCALE 1 :25,000
WESTERN SON Figure 1 - Site Location Map
ECOLOGY 1147C. 189 acres in the eastern '''/ of Section 33,
2217 West Powers Township 2 North,Range 68 West,
Erie, Colorado
Littleton, Colorado 80120
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200 0 200 400 ADAPTED FROM: HURST&ASSOCIATES,INC.(I 129/99)
WESTERN ENVIRONMENT AND ECOLOGY, INC. FIGURE 2:Site Location Map
2217 WEST POWERS AVE, 189 Acres in Section 33
LITTLETON, COLORADO 80120 Township 2 North, Range 68 West
(303) 730-3452 Weld County, Colorado
Threatened and Endangered Species and Wetlands Survey-Weld County,Colorado 5
3.0 METHODS
Species including federally proposed and candidate species that occur in Weld County
were considered for this study(Table 1). The list was narrowed based on habitat requirements
of the species relative to existing habitat on the same property.
The property was surveyed on foot on July 2, 2001. Information was collected on habitat
types and species of wildlife and vegetation observed. Photographs of all sections of the
property were taken. Emphasis was placed on potential habitat of threatened and endangered
species and presence of wetlands. yiffeatil
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Pond in Northwest Portion of Property
WESTERN ENVIROITAXENT EOOLOGT
Threatened and Endangered Species and Wetlands Survey-Weld County,Colorado 6
Table 1. Common name, scientific name, and status of federal and state threatened and
endangered species that could occur or historically occur in Weld County, Colorado. (CDOW,
2000; USFWS, 1999a).
Common Name Scientific Name Status'
Birds
Bald eagle Haliaeetus leucocephalus FT,FPD, ST
Whooping crane Grus americana FE, SE
Least tern Sterna antillarum FE, SE
Piping plover Charadrius melodus FT, ST
Eskimo curlew Numenius borealis FE
Mountain plover Charadrius montanus FT
Mexican spotted owl Strix occidentalis lucida FT, ST
Mammals
Black-footed ferret Mustela nigripes FE, SE
Preble's meadow jumping mouse Zapus hudsonius preblei FT, ST
r Black-tailed prairie dog Cynomys ludovicianus FC
Fish
Pallid sturgeon Scaphirhynchus albus FT
Plants
Colorado butterfly plant Gaura neomexicana coloradensis FPT
Ute ladies'-tresses Spiranthes diluvialis FT
'Status Codes
FE=Federally Endangered
FT=Federally Threatened
FPT=Federally Proposed as Threatened
FDP=Federally Proposed for Delisting
FC=Federal Candidate
SE= State Endangered
ST= State Threatened
WESTERN ENVERONETENT AND ECOLOGY
Threatened and Endangered Species and Wetlands Survey-Weld County,Colorado 7
4.0 RESULTS AND DISCUSSION
4.1 Wetlands
Three wetlands are located on the property(Figure 2). These wetlands, delineated
previously by Western Environment in February, 2001, are all located in the northern part of the
property. Wetland#1 is northwest of the strip mine area and drains northwest to the Sullivan
Irrigation Ditch. Dominant vegetation includes reed canary grass (Phalaris arundinacea), showy
milkweed (Asclepias speciosa), and sedge (Carex sp.). Total area of the wetland is 0.25 acres.
Wetland#2 is a narrow area stretching along the lower side of the Cottonwood Extension
Ditch that runs on the west side of the strip mine area and next to the eastern boundary of an
agricultural field. The wetland appears to be supported by seepage from this ditch. Dominant
species include sedge (Carex sp.), sandbar willow(Salix exigua), and showy milkweed. A few
Russian olive (Eleaegnus angustifolia) and cottonwood (Populus sargentii) are located near the
wetland. Total area of the wetland is 0.13 acres.
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Near Wetland#1
WESTERN ENVIRONMENT AND EOOLOGT
Threatened and Endangered Species and Wetlands Survey-Weld County,Colorado 8
Wetland#3 is on the northwest side of the Sullivan Irrigation Ditch. Dominant species
of the wetland are sedge, showy milkweed, and broad-leafed cattail (Typha latifolia). Total area
of the wetland is 1.44 acres.
In a letter dated June 5, 2001, the U.S. Army Corps of Engineers (USACOE) deemed the
wetlands as isolated. No permit or authorization will be required from the USACOE for work in
these wetlands on the property.
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Sullivan Irrigation Ditch
WESTERN Z_ ECOLOGY
Threatened and Endangered Species and Wetlands Survey-Weld County,Colorado 9
4.2 Threatened and Endangered Species Eliminated From Consideration
The following threatened and endangered species that could occur in Weld County were
immediately ruled out of serious consideration for this property: Eskimo curlew, whooping
crane, Mexican spotted owl, least tern, pallid sturgeon, and Colorado butterfly plant. Eskimo
curlew were eliminated from consideration because sightings in Colorado are extremely rare and
it is near extinction (Andrews and Righter, 1992). Whooping cranes were also eliminated due to
rarity in Colorado. Less than twenty sightings of whooping cranes along the eastern plains and
mountainous regions of Colorado have been recorded since 1931 (Andrews and Righter, 1992).
Mexican spotted owls were eliminated as they require forest which is not present on the
property. Least terns, a very rare species in Colorado, are typically found on bare sandy
shorelines, a habitat not found on the subject property. Pallid sturgeons require river systems not
present on the subject property. Colorado butterfly plants have only been found in Larimer
County in recent years and are generally associated with streams, so they were eliminated
(Colorado Native Plant Society, 1997).
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Mexican Spotted Owl Whooping Cranes Eskimo Curlew
WESTERN ENVI ONMN`b" AND ECOLOGY
Threatened and Endangered Species and Wetlands Survey-Weld County,Colorado 10
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Bald Eagle Piping Plover
4.3 Bald Eagle
No bald eagles or bald eagle nests were observed on the property. Bald eagles are
transient in winter, and they select areas that provide abundant food and roosting opportunities.
Eagle use of the pond to feed on fish and/or waterfowl is possible, especially in winter.
However, at this time we are not aware of any historical use of this particular marsh by eagles.
Additionally, a review of the Colorado Division of Wildlife's Significant Habitat Maps(1996)
shows no bald eagle habitat on or adjacent to the property. The bald eagle was proposed for
delisting in summer 1999, though in the event of delisting it would still be protected by the Bald
Eagle Protection Act and the Migratory Bird Treaty Act.
4.4 Piping Plover
Northern Great Plains populations of piping plover became a federally threatened species
in 1986. Preferred piping plover habitat includes shorelines of reservoirs and lakes while
breeding birds prefer sandy open shorelines with pebbles (Andrews and Righter, 1992). None of
these habitats nor the piping plover itself were observed on the subject property.
WESTERN Envraomient. AWE ECOLOGY
Threatened and Endangered Species and Wetlands Survey-Weld County,Colorado 11
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Mountain Plover Black-Footed Ferret
4.5 Mountain Plover
Mountain plover was proposed for listing as threatened on February 16, 1999 (USFWS,
1999b). Mountain plover prefer level areas with short grass and are often associated with prairie
dog towns. The majority of the land is hilly and contains no prairie dogs anywhere. Some short
grass areas exist, but no mountain plovers were observed during Western Environment's visit.
4.6 Black-Footed Ferret
Listed as endangered by the U.S. Fish and Wildlife Service in 1967 under a precursor to
the Endangered Species Act, black-footed ferrets have not been seen alive in the wild in
Colorado for decades. They are typically associated with black-tailed prairie dog towns as they
use prairie dog burrows as their living quarters and prairie dogs are a staple of their diet. No
prairie dogs or black-footed ferrets were observed anywhere on the subject property.
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"vrzarEflN E 4;_oz_ONNEENT SZTE ECOLOGY
Threatened and Endangered Species and Wetlands Survey-Weld Counts',Colorado 12 ofris
4,0 15� Y
Preble's Meadow
Jumping Mouse Black-Tailed Prairie Dog
4.7 Preble's Meadow Jumping Mouse
Typical Preble's habitat has been described as "well-developed plains riparian vegetation
with relatively undisturbed grassland and a water source in close proximity," and"dense
herbaceous vegetation consisting of a variety of grasses, forbs and thick shrubs" (Armstrong et
al., 1997). It is our opinion there are likely no mice inhabiting the property. While the area
along the Cottonwood Extension Ditch appears to be suitable Preble's habitat, the ditch itself
was dry at the time of Western Environment's visit. Preble's meadow jumping mice require a
supply of open water during their active summer season.
Dense cattails and lack of an open water source make the three wetlands less likely to be
Preble's habitat. A letter of concurrence from the U.S. Fish and Wildlife Service ruling this area
out as habitat is required but is outside the scope of this investigation.
4.8 Black-Tailed Prairie Dog
The U.S. Fish and Wildlife service was petitioned to list the black-tailed prairie dog as a
threatened species in July, 1998. The agency determined on February 3, 2000, that listing the
species was warranted, but it is precluded by other species in greater need of protection
(USFWS, 2000). Black-tailed prairie dogs were added to the candidate list and their status
reviewed annually. No prairie dogs were observed anywhere on the property.
WESTERN ENVIRONMENT AND EOOLOGT
Threatened and Endangered Species and Wetlands Survey-Weld County,Colorado 13
4.9 Ute Ladies'-Tresses Orchid
This orchid usually occurs in "old stream channels, alluvial terraces, subirrigated
meadows, and other sites where the soil is saturated to within 18" of the surface at least
temporarily during the spring or summer growing seasons" (USFWS, 1992). While some of
these habitat conditions exist on the property near the wetlands, orchid identification is possible
only during flowering, late July to late August. However,Ute ladies'-tresses orchids have not
been seen in Weld County in recent years making the possibility of finding an orchid on the
property small. It is our opinion that there are likely no Ute ladies'-tresses orchids present.
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WESTERN ENVIRONMENT AND zooLoor
Threatened and Endangered Species and Wetlands Survey-Weld County.Colorado 14
5.0 CONCLUSIONS/RECOMMENDATIONS
No threatened or endangered species were observed on this site. Three wetlands are
located on the property. These wetlands, delineated in a previous study by Western
Environment, are considered isolated and therefore not under the jurisdiction of the USACOE.
No permit is required for any work done in these wetlands.
A letter of concurrence will also be required from the U.S. Fish and Wildlife Service
ruling out the property as Preble's meadow jumping mouse habitat.
Finally, no survey will be required for the Ute ladies'-tresses orchid. The U.S. Fish and
Wildlife Service requires surveys for sites below 6,500 feet in the 100 year flood plain of the
South Platte River and its perennial tributaries. Any jurisdictional wetlands located in that area
must also be surveyed for orchids. As all three wetlands in Section 33 are non jurisdictional
wetlands no survey will be required.
Southern Portion of Property
ws RTE ENVX:ROMIKENT AND ECOLOGY
Threatened and Endangered Species and Wetlands Survey-Weld County,Colorado 15
6.0 LITERATURE CITED
Andrews, R. and R. Righter. 1992. Colorado birds: a reference to their distribution and habitat.
Denver Museum of Natural History. Denver, Colorado. 442 pp.
Armstrong, D.M., M.E. Bakeman, A. Deans, C.A. Meaney, and T.R. Ryon. 1997. Conclusions
and recommendations in: Report on habitat findings on the Preble's meadow jumping
mouse. Edited by M.E. Bakeman. Report to USFWS and Colorado Division of Wildlife.
Colorado Division of Wildlife. 1996. House Bill 1041: Significant Wildlife Habitats, Maps,
Weld County, Colorado.
Colorado Division of Wildlife. 2000. Colorado Listing of Endangered, Threatened and Wildlife
Species of Special Concern.
Colorado Native Plant Society. 1997. Rare plants of Colorado, 2n°edition. Falcon Press
Publishing Co., Inc. and Rocky Mountain Nature Association in cooperation with Colorado
Native Plant Society. Helena, Montana and Estes Park, Colorado. 105 pp.
Fitzgerald, J.P., C.A. Meaney, and D.M. Armstrong. 1994. Mammals of Colorado. Denver
Museum of Natural History and University Press of Colorado. Niwot, Colorado. 467 pp.
U.S. Fish and Wildlife Service. 1992. Interim survey requirements for Spiranthes diluvialis.
U.S. Fish and Wildlife Service. 1999a. Federally listed and candidate species and their status in
Colorado.
U.S. Fish and Wildlife Service. 1999b. Service proposes to list mountain plover as threatened.
News Release 99-02.
U.S. Fish and Wildlife Service. 2000. Citing higher priority species, U.S. Fish and Wildlife
Service will not list black-tailed prairie dog at this time.
WESTERN O T Efl AND ECOLOGY
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APPENDIX A
Jurisdictional Determination Letter
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"IT OF\
4s,: __ °F, DEPARTMENT OF THE ARMY
a` "! 'i CORPS DF ENGINEERS, OMAHA DISTRICT
DENVER REGULATORY OFFICE, 9307 S. PLATTE CANYON ROAD
LITTLETON, COLORADO 80128-6901
June 5, 2001
Ms. Jennifer Joly
Western Environment and Ecology. Inc.
2217 West Powers Avenue
Littleton. CO 80120
RE: Isolated Wetlands Determination, Weld County Land Company, LLC, Project No. 134-006-01
Corps File No. 200180398
Dear Ms. Joly:
We have reviewed the above-mentioned property for Department of the Army (DA) authorization. The
property is located in the E 'G of Section 33, Township 2 North. Range 68 West. \Veld County, Colorado.
Based upon the ruling by the Supreme Court in the matter of Solid Waste Agency of Northern Cook
CounnV v. C.S. ?.rmv Corns of Engineers, No. 99-1178 (January 9, 2001). the DA's regulatory jurisdiction over
isolated, non-navigable. intrastate waters has been eliminated if the sole nexus to interstate commerce was use of
the waters by migratory birds. It is apparent under the ruling above that the DA does not have the authority to
' "gulate work in the isolated wetlands #1, #2, and #3 indicated in your letter. The Sullivan Ditch and the
. ottonwood Extension Ditch are non-jurisdictional. No permit or other authorization by the DA is required for
work in the isolated wetlands.
Although a DA permit will not be required for the project, this does not eliminate the requirement that
you obtain any other applicable Federal, state, tribal or local permits as required. Please note that deviations from
the original plans and specifications of your project could require other authorizations from this office.
If you have any questions concerning this verification, please call Mr. Terry McKee at(303) 979-4120
and reference File No. 200180398.
Sincerely,
Tim.thy T; ' are,
Chief, `-iv- Re• lato Office
tm
APPENDIX B
Statement of Qualifications
GREG D. SHERMAN, P.G.
President
PROFESSIONAL CAPABILITIES:
Mr. Sherman has more than 20 years of professional experience. He is currently
President of WESTERN' ENVIRONMENT AND ECOLOGY, INC. Prior to
his current position, he was the Principal Geologist with SEACOR in its Lakewood, Colorado
office.
Duties performed in these capacities involved responsibility for CERCLA RI/FS studies
and RCRA investigations. His professional assignments include project management and
technical direction of the design and installation of a 2,000-foot long interception trench at the
Rocky Flats Nuclear Weapons Plant in Jefferson County, Colorado. Mr. Sherman has recently
completed the oversight and management of the installation of more than 70 groundwater
extraction wells and vapor extraction and sparging points. This work was completed on the
Stanford Research Park Superfund site in Palo Alto, California. Recently, he has concentrated
on hydrocarbon remediation system design and installation utilizing on-site reinjection of treated
groundwater and enhanced oxygenation systems.
Mr. Sherman is past Chairman of the Rocky Mountain Section of the Association of
Engineering Geologists. He has served as Chairman of Executive Enterprises Seminars on
Sampling and Data Analysis. He has extensive experience in geotechnical and geological
investigations, groundwater studies, UST testing and evaluation construction materials testing
and mineral resource evaluation.
Mr. Sherman is recognized in the region as one of the leading experts in underground
storage tank management and mine subsidence. He has placed special emphasis on the
application of geophysical techniques to environmental and geotechnical investigations. Clients
for these projects range from Federal, state and local governments to private industry and
commercial developments. The project types included petroleum distribution facilities, nuclear
power plants, highways and streets, dams and reservoirs, transmission lines, sewage treatment
plants and sewage systems, hazardous and industrial waste disposal areas, and mining facilities,
as well as residential and commercial developments. Mr. Sherman has performed geotechnical
and geological investigations in Alaska,Arizona, California, Colorado, Idaho, Illinois, Montana,
New Mexico,New York, Nevada, North Dakota, South Dakota, Texas, Utah and Wyoming.
Additionally, he has international evaluation experience in the Middle East and Mexico.
r
�. REGISTRATION/CERTIFICATION
Wyoming Professional Geologist#2296
Indiana Certified Geologist#786
Certified Professional Geologist, CPG#6586
Petro Tite Training Course, 1986
40-Hour OSHA Training Course, 1987
8-Hour OSHA Supervisor Course, 1987
Nuclear Density Gauge Operation and Safety Training Course, 1984
NRC Quality Assurance Training, 1978
Asbestos Inspector, 1996
EXPERIENCE
Western Environment and Ecology, Inc., Littleton, Colorado; President, 1994.
SEACOR, Inc., Lakewood, Colorado; Principal Scientist, 1992-1993.
Roy F. Weston, Inc., Lakewood, Colorado; Principal Geologist, 1990-1992.
ATEC Associates, Inc., Denver, Colorado; Environmental Division Manager, 1985-1990.
Tierra Consultants, Inc., Denver, Colorado; President, 1982-1985.
r' Apache Energy and Minerals, Denver, Colorado; Senior Project Geologist, 1979-1982.
Dames and Moore,Denver, Colorado; Project Geologist, 1977-1979.
Resource Associates of Alaska, Fairbanks, Alaska; Staff Geologist, 1976.
Uranerez U.S.A., Inc., Casper, Wyoming; Staff Geologist, 1975-1976.
Amoco Production Company, Denver, Colorado; Lab Technician, 1974.
Cities Service Company, Durango, Colorado; Field Technician, 1973.
EDUCATION
B.S., Geology,University of Northern Colorado, 1975
Graduate Studies,New Mexico Institute of Mining and Technology, 1977
AWARDS
Rocky Mountain Associate of Geologists, Outstanding Senior, 1975
Who's Who in the West, 1988
PROFESSIONAL ASSOCIATIONS
Association of Engineering Geologist
Society of Mining Engineers, American Institute of Mining Engineers
American Institute of Professional Geologists
Senior Scientist Colca Canyon Scientific Expedition, 1990
Colorado School of Mines,Non-facility Senior Design Team Advisor
PUBLICATIONS/PRESENTATIONS
Sherman, Greg D., "Sampling and Data Analysis"; Executive Enterprises Seminar, Chairman,
May 1992.
Sherman, Greg D., "Statistical Design of Sampling Plans"; Executive Enterprises Seminar,June
1990.
Sherman, Greg D., "Impact of the EPA UST Regulations"; Tri-State Petroleum Marketer,
December 1988.
Sherman, Greg D., "Variables Effecting Volumetric Leak Detection Methods for Underground
Storage Tanks"; Paper given to the Colorado Section, American Society of Civil
Engineers, 1988.
Sherman, Greg D., "The Impact of Underground Storage Tank Regulations on Industry";
Extended Abstracts, American Institute of Chemical Engineers, National Meeting, 1988.
Sherman, Greg D., "Assessment of Subsidence Damage to Existing Structures in Louisville,
Lafayette, Colorado"; Proceedings of the Colorado Governor's Conference on
Subsidence, 1985.
Sherman, Greg D., "Geology and Mining History of the Boulder/Weld Coal Field"; Paper given
at Denver Coal Club Meeting, 1985.
Sherman, Greg D., "The New Mexico Gold Belt Regional Structural Implications"; Proceedings
of the Western Mining Association, 1982 Convention.
Sherman, Greg D., "Colorado Front Range Uranium Deposits, A Possible Origin": in review.
Sherman, Greg D., "Origin of Monoclinal Folding Near Livermore, Colorado"; Mountain
Geologist,April 1976
JENNIFER JOLY
Plant Ecologist
PROFESSIONAL CAPABILITIES
Ms. Joly is currently a Plant Ecologist in the Ecological Division of WESTERN
'
E OE NT AND ECOLOGY, MTV. She is also currently a graduate student
at the University of Denver in Denver, Colorado. Her graduate research involves a
physiological-ecological study of a subalpine tree species. She studies effects of ecological and
environmental factors on plant function with the plants in their natural environments.
Additionally, Ms. Joly has worked in freshwater and wetland ecosystems. In this
capacity she has performed water quality testing and taxonomic identification of plant and
invertebrate species, both aquatic and terrestrial.
Ms. Joly's activities at WESTERN ENTZRONWENT ALND ECOLOGY,
WC, include wetland delineations, threatened and endangered species surveys, mitigation of
endangered species' habitats under Habitat Conservation Plans, and development of
environmental assessments and Phase I audits.
EXPERIENCE
Western Environment and Ecology, Inc., Littleton, Colorado; Plant ecologist, 2001
University of Denver,Denver, Colorado; Graduate teaching assistant, 1999-2001
EDUCATION
B.S.,Biology,Loyola University Chicago, 1999
M.S.,Biology,University of Denver, expected date of graduation: December 2001
EXHIBIT DD
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December 1, 2001
Mrs. Monica Daniels-Mika
Weld County Planning and Zoning
1555 N. 17th Avenue
Greeley, CO 80631
Dear Mrs. Daniels-Mika:
This letter hereby authorizes Community Development Group of Erie, Inc. to make application
for and be responsible for making the necessary decisions with respect to the proposed
annexation and zoning of Section 33, Township 1 North, Range 68 West, 6th P. M.
By my signature, authorization is hereby granted.
Charles Bellock, Manager
Weld County Land Company, LLC
STATE OF COLORADO )
) SS.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this /_A day of m4—ei2
20O1 by Charles Bellock as Manager of Weld County Land Company, LLC.
My commission expires: //—;47—p,2
Witness my hand and official seal.
Notary P b
.-^ EXHIBIT EE
St. V ram Valley
School District
December 17, 2001
Community Development Group, LLC
Attn: Mike Bums
2500 Arapahoe Avenue,Ste.220
Boulder,CO 80302
RE:The Pointe PUD{Section 10,T1 N, R68W}
Dear Mike:
This letter is in response to your September 14 letter addressed to Scott Toillion regarding the student impact of
The Pointe development on school capacity. According to the referral given to us, that impact would amount to
approximately 24 students from the proposed 37 single family residents of the development. In your letter, you
supply a methodology to calculate projected capacity for Erie Elementary and Erie Middle/Senior schools,which
assume a successful bond election this past November,and ask the District to evaluate the figures produced.
The phasing information and methodology used in the letter is useful to the District in evaluating the
development's student impact, however,since the bond has failed,the timing of the School District's provision of
capacity district-wide is uncertain.Therefore,the timeline used in the methodology for the provision of capacity is
no longer valid. Since it appears likely that a new attempt at passing a bond seems likely in 2002, a new plan for
the provision of schools will be put forward probably sometime in the summer.
Also, the letter's projections miss a key element in determining the 5 year capacity of the Erie Schools. In
addition to the students produced by your development,the capacity projections must also include the impacts of
approved final plats,which may affect the number of building permits issued within the feeder system. Currently,
final plats issued since April (the last time enrollment projects were undertaken) add 277 elementary and 253
middle/senior students to the feeder system. These numbers should rise as we receive additional final plats,
which will ultimately be included in the enrollment projection produced in the Spring by this office. Additionally,
the capacity for Erie Elementary remodel used in your letter has turned out to be an overestimate. The current
capacity of that school after the addition of classroom space is 528 rather than the projected 576 in your letter.
The School District still maintains that this development should be denied based on school capacity shortfalls, as
noted in my referral letter of May 14,2001. Should a new bond be approved in the coming year, the District may
be willing to reconsider this denial at that time, depending on the timing and funding for additional school
capacity in the Erie vicinity. Please let me know if you have any further questions.
Sincerely,
Glen Segrue,AICP
Planning Specialist
ST.VRAIN VALLEY SCHOOL DISTRICT PLANNING DEPARTMENT.395 SOUTH PRATT PARKWAY,LONGMONT,CO
80501.SCOTT TOILLION,MANAGER.PHONE 303-682-7229.FAX 303-682-7344.
02/13/2002 10:35 FAX e,.1 WELD CTY SHERIFF
EXHIBIT FF
OFFICE OF THE SHERIFF
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Ed Jordan
February 1, 2002
Weld County Sheriffs Office
910 Tenth Avenue
Greeley, CO 80631
Mike Burns
Community Development LLC
2500 Arapahoe Avenue
Suite 220
Boulder, CO 80302
,--. Dear Mr. Burns,
This letter is in response to our conversation as of January 30, 2002. From our
conversation,I understand that you have agreed to all of the conditions set by the Weld County
Sheriffs Office for your subdivision. In addition, I reviewed the plans that you have sent to me
and it appears that you are complying with what we had requested. Additionally,I spoke to you
in reference to the fencing of the attractive nuisances, i.e. the oil well sites. You stated that you
had already planned to fence those and it was a requirement of the oil and gas well companies.
Thank you very much for working with us to create great communities throughout Weld
County. If there is any other thing that you need from either myself or the Weld County Sheriff's
Office, please feel free to call me at(970) 356-4015, extension 4048. Additionally, when you
begin sales and development of your subdivision, we would like to meet with your contractors
and your homeowners to provide them services, such as safety and security planning. Again, it's
been a pleasure working with you and if you have any other requests, feel free to call.
Sincerely,
,%s
Ken Poncelow
/^ Manager, Weld County Sheriff's Office
*
*
Greeley Office, 910 10th Avenue, Greeley, CO 80631, (970)356-4015 or 1-800.436-9276, FAX (970) 353-8551
North Jail Complex, 2110 O Street, Greeley, CO 80631., (970) 356.4015, FAX (970) 304-6460
Ft Lupton Sub-Station, 330 Park Avenue, Ft Lupton, CO 80621, (303) 857-4334, FAX (303) 857.3027
EXHIBIT GG
t ouNTA'N MOUNTAIN VIEW FIRE PROTECTION DISTRICT
F E Administrative Office:
9119 County Line Road• Longmont, CO 80501
(303) 772-0710• FAX (303) 651-7702
VIEW
January 11, 2002
Mr. Mike Bums
Community Development Group of Erie
2500 Arapahoe Avenue, Suite 220
Boulder, CO 80302
Dear Mr. Bums:
I have reviewed the submitted material pertaining to the zoning change for The Pointe, located
south and adjacent to Weld County Road 16 and west of Weld County Road 7. The Fire District
does not object to zoning change and subsequent development, provided the development is able to
meet the requirements of the Fire District. All applicable codes must be met as they pertain to
water supply,fire hydrant locations, fire department access, and street designs.
Fire hydrant locations will need to be approved before the final plat is approved. Fire hydrants
shall be spaced along fire apparatus access ways so that spacing between hydrants does not exceed
500 feet and a hydrant is located within 250 feet of the front property line of all lots. Construction
plans for the utilities showing the location of fire hydrants, the size of water mains and available
fire flows must be submitted to the Fire District for review and approval prior to beginning
construction of the subdivision. The submittal must include a water supply analysis indicating the
available fire flow at the most demanding point in the water system.
Should you have any questions,please contact me at 772-0710.
Sincerely,
LuAnn Penfold
Fire Marshal
LMP/lp
cc: project file
file
1por.05.o2
Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7
9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run PO.Box 666 P.O.Box 40
Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO 600 Briggs 100 So.Forest St.
80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 Ene,CO 80516 Dacono,CO 80514
EXHIBIT HH
Co -r—r- Dove op -rentCrop, LLC
December 19, 2001
Mr. Drew Scheltinga, P.E.
Engineering Division Manager
Weld County
PO Box 758
Greeley, CO 80632
Dear Mr. Scheltinga,
This letter is in response to comments received regarding the Sketch Plan submittal for
"The Pointe". The attached plan represents changes that address the County's concerns.
The main revision is the additional of an access at WCR 7 along the WCR 16 V2
alignment. A bus stop is delineated on HWY 52 at the main entrance. We will meet all
of the County's criteria for street names, addresses and signage. We have formalized a
water supply agreement with the Left Hand Water District and we will submit all
construction plans to Mountain View for their approval as we move forward.
At this time we are requesting additional written comment that we may present to the
Planning Department. Please call me at (303) 442-2299 x13 to discuss this project in
more detail.
Sincerely,
CO VELOPMENT GROUP OF ERIE, INC.
y 1 r)/
Mike B ms
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J ,i' 220 • BOlll-�'. .I, �fi�!C� ) 50.502'
( 7'113) :1/1/-2,)'-; • Frix C 3.3) -1241
EXHIBIT II
Co r-runity Dove op -rent Croup, LLC
December 19, 2001
Mr. Jason Lilley
KP Kaufinan Company, Inc.
1675 Broadway
Suite 2800
Denver, CO 80202-4628
Dear Jason,
We are currently processing a Change of Zone for a project called "The Pointe" with
Weld County. We believe that the attached plan meets all the requirements for your oil
and gas production facilities on the site. In addition, we have meant all of the
requirements pursuant to our Agreement for Compatible Development with UPLRC with
which you are familiar.
At this time we are requesting written comment that we may present to the Weld County
Planning Department specific to this project. Please call me at (303) 442-2299 x13 to
discuss this project in more detail.
Sincerely,
OM Y DEVELOPMENT GROUP OF ERIE, INC.
Mike rns
r.
2H1,' Aror.''^c4 _. H, Sure 22,1 • B,":'l ((-)1(3r(-1(-V- & ),302
( 303) 4.1. - (20C; • Fox (303)
EXHIBIT JJ
CoT ' r Development Croup, LLC
December 19, 2001
Mr. Dave Siple
Patina Oil and Gas Corporation
1625 Broadway
Suite 2000
Denver, CO 80202
Dear Dave,
We are currently processing a Change of Zone for a project called "The Pointe" with
Weld County. We believe that the attached plan meets all the requirements for your oil
and gas production facilities on the site. In addition, we have meant all of the
requirements pursuant to our Agreement for Compatible Development with UPLRC with
which you are familiar.
At this time we are requesting written comment that we may present to the Weld County
Planning Department specific to this project. Please call me at (303) 442-2299 x13 to
discuss this project in more detail.
Sincerely,
cOM EVELOPMENT GROUP OF ERIE, INC.
Mike B
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