ECOLOGICAL CHARACTERIZATION STUDY 5305 ZIEGLER ROAD

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1 5305 ZIEGLER ROAD Prepared for: Architecture West, LLC 4710 South College Avenue Fort Collins, Colorado Attention: Mr. Stephen Steinbicker CTL T Project No. FC May 31, Linden Street, #140 Fort Collins, Colorado Telephone:

2 TABLE OF CONTENTS 1.0 INTRODUCTION SITE DESCRIPTION Wildlife Wetlands Prominent views Significant native trees or other on-site vegetation Bank, shoreline, high water mark Sensitive and specially valued species Special habitat features Wildlife migration corridors General ecological functions Timing of development in relation to ecological character Measures needed to mitigate adverse impacts on natural habitats and features CONCLUSIONS AND RECOMMENDATIONS...5 REFERENCES FIGURE ZIEGLER ROAD GENERAL LAND COVER TYPES FIGURE ZIEGLER ROAD DRAFT DEVELOPMENT PLAN APPENDIX A SITE PHOTOGRAPHS

3 1.0 INTRODUCTION This report documents the evaluation of habitat conditions within the proposed 5305 Ziegler Road Multifamily/Mixed Use Development in Fort Collins, Colorado. The report was prepared in accordance with Section (D)(1) of the Land Use Code of the City of Fort Collins regarding the preparation of an Ecological Characterization Study (ECS) Report. An ECS is required as the site is within 500 feet of McClelland s Creek, a known natural habitat. McClelland s Creek is a tributary to the Fossil Creek Reservoir. 2.0 SITE DESCRIPTION The proposed 5305 Ziegler Road Multifamily/Mixed Use Development encompasses approximately 4 acres and is located on the west side of Ziegler Road approximately ¾ mile south of Harmony Road (Figure 1). The site extends about 700 feet north to south and 230 feet east to west. The site is bounded to the north by development, to the east by Ziegler Road, to the south by McClelland s Creek, and to the west by residential development and detention ponds. The legal description of the property is a portion of the NE ¼ of the SE ¼ of Section 5, Township 6N, Range 68W, 6 th Principal Meridian. The site was visited on November 17, December 14, and December 16, 2011 by Ms. Georgia Doyle, a CTL biologist, to perform an ecological assessment and to map the edge of the McClelland s Creek riparian area. During the site visits, most of the vegetation (trees, shrubs, forbs, and grasses) was dormant but dominant plant species were generally identifiable. The current land cover types on the site include the McClelland s Creek riparian area, a small area of upland plains shrubland adjacent to McClelland s Creek, a disturbed area with a gravel parking area and associated outbuildings, and a residence and outbuildings surrounded by lawn grasses/weeds and established trees (Figure 1). Photographs of the site are provided in Appendix A. General characteristics of the identified land cover types are summarized as follows: McClelland s Creek riparian area The creek and riparian area cover an area of about 0.25 acre in the southernmost portion of the property. The creek is densely vegetated with cattail (Typha latifolia) with some areas of the open water supporting the non-native and widespread watercress (Nasturtium officinale). Other plants growing within the riparian/wetland area include bulrush (Scirpus microcarpus), sedges (including Carex nebrascensis and C. praegracilis), and threesquare bulrush (Scirpus pungens). Along the bank there are a few small diameter (<6 diameter at breast height) cottonwood (Populus sp.) that were likely planted as part of a revegetation effort. Upland plains shrubland adjacent to McClelland s Creek The riparian area (dominated by cattail and sedges) abruptly shifts to upland grass species with change in elevation. This upland vegetation covers about 0.2 acre. The bank supports a few shrubs (likely planted as part of revegetation effort) and mixed grasses and forbs. The shrubs include a red-osier dogwood (Cornus sericea) and a few golden currant (Ribes aureum) on the 1

4 lower bank and a few rabbitbrush (Chrysothamnus nauseosus) and yucca (Yucca glauca) on the upper bank. Grasses noted include the native species indiangrass (Sorghastrum nutans), western wheatgrass (Pascopyrum smithii), sideoats grama (Schizachyrium scoparium), and blue grama (Bouteloua gracilis), and the non-native species smooth brome (Bromus inermis), cheatgrass (Bromus tectorum), and crested wheatgrass (Agropyron spicatum). Non-native kochia (Bassia scoparia) is also present. Disturbed area The disturbed area covers an area of about 2 acres and includes an unvegetated gravel parking area and a few buildings. The area is fenced. Kochia and other non-native species occur around the edges of the compacted unvegetated parking area. One cottonwood occurs adjacent to Ziegler Road at the entrance to the parking area. Residence and surroundings The residence, outbuildings, and associated yard cover approximately 1 acre. Trees/shrubs within the area include a row of non-native Siberian elm along the western boundary, a row of nonnative Russian olive along the northern boundary, and a hedge of lilac along the eastern boundary (Ziegler Road). The trees on the property are discussed further in Section 3.4. The yard vegetation includes bare ground and lawn grasses with common weeds including kochia, bindweed, mallow, and dandelion. 3.0 The elements of the Ecological Characterization Study are summarized in this section in the order listed in Section (D)(1) of the Land Use Code. 3.1 Wildlife Wildlife observed during field visits to McClelland s Creek included a pair of mallards in the creek, unidentified songbirds in the rabbitbrush adjacent to the creek, and an American kestrel and red-tailed hawk in the vicinity. Wildlife sign included coyote droppings and rabbit droppings adjacent to the creek. A variety of songbirds likely use the area yearround. Mammal species likely to use the area include mule deer, coyote, raccoon, fox, striped skunk, mice, and non-native fox squirrels. In itself, the site provides relatively low wildlife value due its small size, previous disturbance, and limited food and cover provided by the sparse trees and shrubs. The primary wildlife value of the site is likely in providing connectivity with the McClelland s Creek corridor. Wildlife observed associated with the established trees of the residence area included a pair of great horned owls in the row of Siberian elm along the western property boundary. Great horned owls generally nest in abandoned tree nests built by raptors or corvids (e.g., crows and ravens) (Ehrlich et al. 1988), which build nests out of sticks. A small nest built of sticks was present in one of the Siberian elm trees on the site. Great horned owls can nest as early as late January with peak egg laying occurring mid March (Kingery 1998). The stick nest should be checked in February/March for signs of use by the owls. Also 2

5 observed foraging within the Siberian elm trees and underbrush were dark-eyed juncos and black-capped chickadees, typical winter songbirds for Fort Collins. A variety of songbirds likely use the area year round. Wildlife sign observed included rabbit droppings. 3.2 Wetlands The general boundary of the wetland or riparian area is shown on Figure 2. The boundary represents the contact of wetland plants (sedges) and upland grass species. The boundary was flagged on December 14, 2012 and subsequently surveyed. The boundary corresponds with the elevation contours. McClelland s Creek is considered a water of the U.S. and is regulated by the Army Corps of Engineers. Wetlands are present along McClelland s Creek. However, no wetlands or waters of the U.S. will be impacted by the proposed development as the development, including temporary impacts associated with grading and landscaping, intentionally provides a buffer for the creek and wetlands. Further, the structures are set back from the wetland features due to floodplain buffers. As required by the City of Fort Collins Land Use Code, an undeveloped buffer will occur between McClelland s Creek and the planned structures (Figure 2). No proposed temporary or permanent impact to regulated wetlands or waters of the U.S. are proposed in this project. 3.3 Prominent views The prominent views from this site include the Rocky Mountains to the west, the open space associated with McClelland s Creek, and the open space and Fossil Ridge High School to the east. The proposed structures should not impact the view of the Rocky Mountains from Ziegler Road or McClelland s Creek. 3.4 Significant native trees or other on-site vegetation Significant trees are defined in the Land Use Code as trees with a diameter at breast height (DBH) of over six inches. Certain species are considered nuisance species and are not designated as significant regardless of DBH. Mr. Tim Buchanan, City Forester documented the significant trees on the site on January 11, Approximately 15 trees on the site were designated as significant. The significant trees include one cottonwood (female) on Ziegler Road adjacent to the current curbcut leading to the gravel parking area and about 100 feet north McClelland s Creek. The current development plans call for protecting this tree. Significant trees associated with the residence in the northern part of the site included Colorado blue spruce, green ash, cottonwood, hackberry, Austrian pine, and pinyon pine. Also present on the site are Siberian elm and Russian olive, trees considered nuisance species and not considered significant. The significant trees will either be protected or mitigated. Mitigation for all trees proposed for removal will be transplanting or replacing in accordance with Land Use Code Standards in consultation with the City Forester. 3.5 Bank, shoreline, high water mark The bank along McClelland s Creek appears to control flow. The bank height is approximately 5 feet above the level of McClelland s Creek. In the current development plan, the creek bank is not affected. The proposed development plan calls for maintaining the existing stream bank. A waiver of the requirement for onsite detention will be requested for this development due to its proximity to McClelland s Creek; however, water 3

6 quality measures will be provided at various locations within the development and may include the buffer area between McClelland s Creek and the proposed structures. 3.6 Sensitive and specially valued species There are no known occurrences or habitat for sensitive and specially valued species on the site. Species of concern in Larimer County include the Preble s meadow jumping mouse (Zapus hudsonius preblei), Ute lady s tresses orchid (Spiranthes diluvialis), and Colorado butterfly plant (Gaura neomexicana ssp. coloradensis), all of which are associated with riparian/wetland areas. According to the U.S. Fish and Wildlife Service (Misztal 2011 pers. comm.), all trapping for the Preble s meadow jumping mouse in Fort Collins has been negative. Additionally, the habitat on McClelland s Creek is poor quality for the mouse. Based on the poor habitat conditions and the negative trapping data, it is our professional opinion that Preble s does not occur on the site and development of this project will not affect Preble s adversely. Similarly, it is our opinion that the Ute lady s tresses and Colorado butterfly plant do not occur on the site. The closest known occurrences of these plants are near the northwest boundary of Fort Collins (orchid) and on Soapstone Prairie Natural Area near the Wyoming border (butterfly plant). Additionally, these plants would occur in an undisturbed setting and habitat restoration has occurred on McClelland s Creek. Other plant and animal species included in the Colorado Natural Heritage Program tracking list are not known to occur in the vicinity. 3.7 Special habitat features The site does not contain any special habitat features. 3.8 Wildlife migration corridors McClelland s Creek likely serves as a wildlife migration corridor. The current development plans do not call for development along McClelland s Creek and allow a buffer; therefore, the proposed development should not affect the functioning of McClelland s Creek as a wildlife corridor. 3.9 General ecological functions General ecological functions of McClelland s Creek and the associated riparian area include flood control, groundwater recharge, wildlife habitat, water quality improvement, and open space. The general ecological functions of the site are expected to be improved in the process of development of the site. The fence around the disturbed area will be removed and the area between McClelland s Creek and the structures will be revegetated with native species. The buffer area between McClelland s Creek and the structures will provide topographic and vegetative structure to an area that is currently a gravel parking area. The design and revegetation of the buffer area will take into account the guidance provided in the City of Fort Collins Landscape Design Standards and Guidelines for Stormwater and Detention Facilities dated November 5, Timing of development in relation to ecological character The primary concern for the timing of development is protection of nesting birds. Under the Migratory Bird Treaty Act of 1916, it is unlawful to pursue, hunt, take, capture, kill, or sell 4

7 birds. This includes the taking of feathers and nests of migratory birds. If tree removal or construction commences during the bird breeding season, a survey for active nests should occur and nests should be avoided until activity ends. In addition, CDOW provides recommended guidelines for seasonal buffers for nesting raptors. The breeding season for most migratory birds is between March and August. As discussed in Section 3.1, the nesting season for great horned owls is earlier in the year. The timing of tree removal in the northern portion of the property needs to be timed to avoid disturbing nesting species. Because the McClelland s Creek area is not proposed for development or disturbance, the timing of development is not a concern in this area Measures needed to mitigate adverse impacts on natural habitats and features There are no known impacts to natural habitats or features on the site. The permanent impact will occur on previously disturbed areas primarily consisting of a gravel parking area, buildings, and non-native plantings. Measures to improve the site include creation of a detention basin or possibly, low impact development bioswales, that will provide a buffer between McClelland s Creek and the proposed structures. The buffer area will be vegetated with native plants. The proposed construction period is not yet known. If construction or tree removal is proposed to begin during the potential bird nesting periods, a nest search is recommended within two weeks prior to the start of construction or tree removal to avoid Migratory Bird Treaty Act infractions. Construction Best Management Practices would be used to mitigate any sedimentation of McClelland s Creek. 4.0 CONCLUSIONS AND RECOMMENDATIONS It is CTL s professional opinion that no significant ecological resources will be adversely impacted on this site. The primary concern in our opinion is timing of the construction and removal of trees to avoid disturbing nesting birds. The development plan is consistent with the intent of the Land Use Code. Furthermore, the site design offers features to enhance the ecological functions and values of the site. We ask that you review this ECS with the draft development plan submittal shown in Figure 2 to ensure that the performance standards for this project are achieved. If you have any questions about this ECS or would like to discuss this project further, please feel free to contact us. 5

8 Respectfully submittted, CTL THOMPSON, INC. Reviewed by: Georgia A. Doyle Environmental Scientist/Biologist Melissa Chalona, P.E. Environmental Department Manager (2 copies sent) REFERENCES Ehrlich, P.R., D.S. Dubkin, and D. Wheye The Birder s Handbook, A field guide to the natural history of North American birds. Simon and Schuster, Inc. New York. 785 pp. Kingery, H. (ed.). Colorado Breeding Bird Atlas Colorado Bird Atlas Partnership. 636 pp. Misztal, A communication from Adam Misztal, U.S. Fish and Wildlife Service, Lakewood, Colorado to Georgia Doyle, CTL Thompson, Inc. November 7. 6

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11 APPENDIX A SITE PHOTOGRAPHS

12 McClelland s Creek, looking northeast McClelland s Creek, looking west McClelland s Creek from Ziegler Road, looking northeast Detention pond on adjacent property to the east Site Photographs 5305 Ziegler Road Fort Collins, Colorado November-December 2011 Page 1 of 2 CTL T Project No. FC

13 Unpaved parking and outbuildings north of McClelland s Creek Cottonwood on Ziegler Road 100 feet north of McClelland s Creek Site Photographs 5305 Ziegler Road Fort Collins, Colorado November-December 2011 Page 2 of 2 CTL T Project No. FC