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Home My WebLink About5.0 Land Use Change Permit 6.14.11.pdfRerecorded to include Exhibit A 111111iA114111111111111 L111VOItiliKEX1 ,1111 Reception #: 803902 06114/2011 11:51:10 AM Jean Rlberico 1 of i Rec 5ee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO VeII c1erptleY 1100 w1, 7 V JW h i i K M 411011 W' I4.111 l i 11111 10/28/2011 03:51:05 PM Jean Rlberiao 1 of 5 Reo Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO LAND USE CHANGE PERMIT for A PROPERTY KNOWN AS THE MIDDLE FORK WATER RECYCLING FACILITY - EXPANSION LOCATED ON A 958.3 ACRE PARCEL OF LAND OWNED BY ENCANA OIL & GAS (USA) INC. SITUATED ON A PRIVATE ROAD AT THE END OF COUNTY ROAD 215, AND APPROXIMATLEY 11 MILES NORTH OF THE TOWN OF PARACHUTE IN LOTS 10, 13 AND 14 OF SECTION 30, TOWNSHIP 5 SOUTH, RANGE 95 WEST ,OF THE 6TH PM, GARFIELD COUNTY, COLORADO, AS LEGALLY DESCRIBED IN Resolution No. 2011 -28, RECORDED BY RECEPTION NUMBER 603539. PARCEL # 2171- 041 -00 -021 In accordance with and pursuant to the provisions of the Garfield County Unified Land Use Resolution of 2008, as amended, and Resolution No. 2011 -28 of the Board of County Commissioners of Garfield County, State of Colorado, hereby authorizes, by Land Use Change Permit, the following activity: "Material Handling" (LIPA 6770) The Land Use Change Permit is issued subject to wildlife recommendations attached as Exhibit A and the conditions set forth in the above- mentioned resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Unified Land Use Resolution of 2008, as amended, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. ATTEST: GARFIELD COUNTY BOARD OF COMMISSI ' , RS, GARFIELD COUNTY COLS` RADO Chair erk of the Board 1111 ITAT,Mi, 11111141CliVitiiiii CI 11 111 Reception #: 810017 10128/2011 03:61:05 PM Jsnn Alberioo 2 of 6 Reo Fee;$0.00 Doc Fee:0,00 GARFIELD COUNTY CO 7.0 RECOMMENDATIONS 7.1 Aquatic resources EXHIBIT '' The project will not affect the banks of Parachute Creek. Control of drainage and using Best Management Practices (BMPs) to reduce or eliminate possibility of release of toxic substances will greatly minimize potentially detrimental impacts to aquatic resources. Avoid highly alkaline areas along Parachute Creek to preserve vegetation structure and diversity. 7.2 Avifauna Reduce or eliminate impacts to structurally diverse shrublands and riparian shrubs and trees. No active raptor nests were found within 1/4 mile of the project area. If nesting raptors are found, construction should be scheduled between territory establishment and dispersal of young from the nest. WWE recommends temporal and spatial restrictions for activities near active nests based on BLM stipulations, CDOW recommendations (CDOW 2008b; Craig 2002; Craig and Enderson 2004), and literature review of nesting season timing for raptors in the Roan Plateau region (Andrews and Righter 1992; Kennedy and Stahlecker1993; Kingery 1998; Poole 2005). These recommendations are summarized in Table 10. Table 10. Timing limitations recommendations for active raptor nests Species Buffer Zone Seasonal Restriction Red - tailed Hawk 0.33 mile 15 February - 15 July 1 April - 15 August Swainson's Hawk 0.25 mile Sharp- shinned Hawk 0.25 mile 1 April - 15 August Cooper's Hawk 0.25 mile 1 April - 15 August Peregrine Falcon 0.5 mile 15 March - 31 July N. Pygmy -Owl 0.25 mile 15 March - 15 July Long -eared Owl 0.25 mile 1 March - 15 July Great Horned Owl * * * Great Horned Owls are relatively tolerant of human activity. Keep activity to a minimum during breeding season. Timing restrictions. and dates may be modified if an active nest is monitored by a qualified biologist. The buffer zone should not be entered until one week after the young have fledged, which can be much earlier than standard temporal restrictions. 7.3 American elk and mule deer For deer and elk, the most critical time period is winter. The project area is located within important winter range for both species. Seasonal restriction to limit major work activities are recommended in Table 11. Table 11 also includes seasonal critical periods for raptors and migratory songbirds. WestWater Engineering Page 12 of 14 December 2008 1111 N 1.6111dlrli?LA4 Rh one INLYIWACti 101 Reception*: 810017 10/28/2011 03:51:05 PM Jinn Alberioo 3 of 5 Rao Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO Table 11. Seasonal critical periods in the area of the Project area Concern Period Deer and Elk severe (critical) winter range December 1 — April 30 Migratory Birds primary nesting season May 15 -- August 1 Raptor nesting season _ February 1— August 15 7.4 Black Bear Measures Black bears are known to occur in the vicinity, and all personnel should be aware of their presence and take important safety measures when working in the area. Prevent any undesirable encounters by refraining from feeding bears, and by keeping all trash and food waste in bear - proof containers. Put dog food and bowls, cooking appliances and utensils in bear -proof storage at night. 7.5 Minimize footprint of disturbance Reduce to the minimum level possible all soil disturbing activities. Park construction vehicles on previously disturbed lands during construction to further reduce temporary disturbance. Preserve as much saline saltbush shrubland as possible, 7.6 Re- seeding It is recommended that temporary and permanent disturbances be re- seeded with native grasses. These measures are described in an Integrated Vegetation and Noxious Weed Management Plan for this site. BMPs should be followed as described in the integrated vegetation management plan. 7.7 Fence Removal Re -built fences that are designed for easy passage of deer and elk can allow these animals to utilize the native and planted vegetation for forage and move about the adjacent areas freely as they search for food and cover. In addition, properly designed fences will prevent deer and elk from being injured or suffering death as a result of becoming entangled as they attempt to jump over or pass through a fence. Generally, wire fences that do not exceed 42 inches in height and have 12- inch spacing between the top two wires will allow deer and elk to pass over a fence without injury. The BLM utilizes these fence specifications for livestock fencing on federal lands (BLM 1989). The publication presented by CDOW, "Fencing With Wildlife In Mind" provides fence designs that are friendly to wildlife and is available at the CDOW web site at wildlife. state. co .us/NR/rdonlyres/B0D65D61 -6CB0- 4746- 94F1 -6EE 194E1 C23010 /fencing.pdf REFERENCES WestWater Engineering Page 13 of 14 December 2008 1111 iri.VPIN.PM.M.N.1.014N1rITIti I * *I14 1111f Reception *: 810017 10I29120ii 03.61;05 PM Jean Rlberloo 4 of 6 Rio Fei:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO Table 2. Raptor nests within Va mile of the Water Recycling Faciii ,61-'. 65 > ,till . o ipg , , ' fasting 2011 Nest ` Status i isf6 . , . r, .., :.. , ,., ; ., :* _ . • UNHA -1 4385035 748372 Unoccupied Newly recorded nest, found in 2011, UHHA -2 4384803 748407 Unoccupied Newly recorded nest, found in 2011. UNHA -3 4384194 748063 Unoccupied Occupied nest during 2010 nesting season by Coopers Hawks. UNHA -4 4384227 748042 Unoccupied Occupied during 2006 nesting season by Long -eared Owls. UNHA -5 4384096 748169 Unoccupied Unoccupied during 2010 nesting season. Nest was occupied by Coopers Hawks during the 2008 nesting season. UNHA -6 4384230 748052 Unoccupied Nest was occupied by Cooper's Hawks during the 2009 nesting season. *Map Datum NAD83IWGS84, Zone 12, Universal Transverse Mercator Coordinate System. Bald Eagle Use of the riparian and woodland corridor of Parachute Creek for foraging and day roosting is likely. The project lies within Bald Eagle winter range. No active nests for Bald Eagle were confirmed within 1/2 mile of the sites (Figure 2) (NDIS 2010). Golden Eagle Golden Eagles nest along the cliff outcrops above Parachute Creek (Figure 2). Historcal nest data has shown Golden Eagles nesting within .a %2 mile of the project area. However, no known active Golden Eagle nest sites are within 1/2 mile of the project area. It is likely that Golden Eagles do roost and forage within 1/2 mile of the project area. RECOMMENDATIONS No active raptor nests were found within %4 mile of the project area. If project development can be completed prior to March 1st, it is likely that there would be no impacts to nesting birds due to the proposed project. However, if project development begins after March 1st and if nesting raptors are found, construction should not be scheduled between territory establishment and dispersal of young from the nest. WWE recommends temporal and spatial restrictions for activities near active nests based on BLM stipulations, CDOW recommendations (CDOW 2008; Craig 2002), and literature review of nesting season timing for raptors in the Roan Plateau region (Andrews and Righter 1992; Kingery 1998; Poole 2005). These recommendations are summarized in. Table 3. Table 3. Timing limitations recommendations for active raptor nests - S • ecies Buffer Zone Seasonal Restriction Red - tailed Hawk 0.33 mile 15 February - 15 July Swainson's Hawk 0.25 mile _ 1 April - 15 August WestWater Engineering Page 3 of 4 February 2011 �1111�Y4�i! 4Lr� ,.iW�I+��Giil�'I�4C�+i�l��l4I� �I III Receptiontt. 810017 10!2812011 03;61:06 PM Jean Alberica 6 of 6 Roc Feec$0.00 Doo Fee :0.00 GARFIELD COUNTY Co Table.3. Timing limitations recommendations for active raptor nests Species Buffer Zone Seasonal Restriction Sharp- shinned Hawk 0.25 mile 1 April - 15 August Cooper's Hawk 0.25 mile 1 April - 15 August Peregrine Falcon 0.5 mile 15 March - 31 July N. Pygmy -Owl 0.25 mile 15 March - 15 July Long -eared Owl 0.25 mile 1 March - 15 July Great Horned Owl * * * Great Horned Owls are relatively tolerant of human activity. Keep activity to a minimum during breeding season. . Timing restrictions and dates may be modified if an active nest is monitored by a qualified biologist. Due to the close proximity of the nests to ongoing activities (i.e. roads, compressor stations, staging areas, etc.) on the North Parachute Ranch it is unlikely that this project would impact nesting raptors in the area. REFERENCES Andrews, Robert, and Robert Righter. 1992. Colorado birds: A reference to their distribution and habitat. Denver Museum of Natural History, Colorado, 442 pp. NDIS. 2010. Maps and spatial data. http: / /ndis.nrel .colostate.edu /mapindex.asp. State of Colorado, Department of Natural Resources, Division of Wildlife, Ft. Collins. CDOW. 2008. Recommended buffer zones and seasonal restrictions for Colorado raptors. State of Colorado, Department of Natural Resources, Division of Wildlife , Denver. Unpublished Report, 7 pp. Craig, G. R. 2002. Recommended buffer zones and seasonal restrictions for Colorado raptors. State of Colorado, Department of Natural Resources, Division of Wildlife, Ft. Collins. Unpublished Report, 7 pp. Kingery, H. E. (editor). 1998. Colorado Breeding Bird Atlas. Colorado Bird Atlas Partnership and Colorado Division of Wildlife, Denver. Poole, A. (editor). 2005. The Birds of North America Online: bna.birds.cornell.edutBNA/. Cornell Laboratory of Ornithology, Ithaca, New York. WWE. 2008. Wildlife. Impact Assessment and Sensitive Areas Report for the Middle Fork Water Recycling Facility. WestWater Engineering, Grand Junction, Colorado. WestWater Engineering Page 4 of 4 February 2011