Special Provisions Appendix B - Biological Resources Report.pdf

July 14, 2021

Biological Resources Report

Timnath Pedestrian Bridge and Trail Project

Town of Timnath, Larimer County, Colorado

Prepared for:

AVI Professional Corporation 2290 E Prospect Rd STE 5

Fort Collins, Colorado 80525

Pinyon Project No.:

120100802

APPENDIX B

July 14, 2021

Timnath Pedestrian Bridge and Trail Project

Town of Timnath, Larimer County, Colorado

Prepared for:

AVI Professional Corporation 2290 E Prospect Rd STE 5

Fort Collins, Colorado 80525

Pinyon Project No.:

120100802

Prepared by:

Brandee Anderson

Reviewed by:

Allison Haraminac

Energy Market Manager

Timnath Pedestrian Bridge and Trail Project

Town of Timnath, Larimer County, Colorado Page i

Table of Contents

1. Introduction

1.1 Project Description

1.2 Project Location

2. Methods

2.1 Study Area

2.2 Survey Parameters

3. Results

3.1 Habitat Description

3.1.1 Land Use

3.1.2 General Habitat and Vegetation Description

3.2 Threatened and Endangered Species

3.2.1 Federally Listed Species

3.2.1.1 Ute ladies’-tresses orchid

3.2.2 State-Listed and Special Concern Species

3.2.2.1 Black-tailed Prairie Dog and Burrowing Owl

3.2.2.2 Bald Eagle

3.3 Migratory Birds

3.4 Waters of the United States

3.5 Noxious Weeds

4. Conclusions and Mitigation Recommendations

4.1 Threatened and Endangered Species

4.1.1 Federally Listed Species

4.1.1.1 Ute Ladies’-tresses Orchid

4.1.2 State-Listed Species

4.1.2.1 Black-tailed Prairie Dog and Burrowing Owl

4.1.2.2 Bald Eagle

4.2 Migratory Birds

4.3 Waters of the United States

4.4 Noxious Weeds

5. Limitations

6. References

Town of Timnath, Larimer County, Colorado Page ii

Tables

Table 1-1 Project Location

Table 3-1 Federally Listed Species and Their Potential to Occur in the Study Area

Table 3-3 Noxious Weeds Identified in the Study Area

Figures

Figure 1 Project Location

Figure 2 Biological Resources

Figure 3 Migratory Bird Buffers

Appendices

Appendix A Photographic Log

Town of Timnath, Larimer County, Colorado Page 1

1. Introduction

Larimer County intends to construct a 1-mile-long trail segment, including a pedestrian bridge over the Greeley

No. 2 Canal, as part of the Poudre River Trail Project (project) in the Town of Timnath (Timnath) in Larimer County, Colorado (Figure 1). The project is receiving state grant funding through Great Outdoors Colorado

(GOCO) and the Colorado Department of Transportation (CDOT); there is no Federal Highway Administration (FHWA) funding or other federal funding. The trail will be located primarily on privately owned property and property owned by the City of Thornton. Pinyon Environmental, Inc. (Pinyon), has been contracted to complete environmental support services for the project. This report has been prepared to address existing conditions regarding biological resources and protected species in accordance with the following regulations or policies:

• The United States Endangered Species Act (ESA): Protects federally listed plant and animal species with the goal of ensuring their long-term survival. The US Fish and Wildlife Service (USFWS) administers these requirements.

• The Colorado Non-game, Endangered, and Threatened Species Conservation Act: Protects state-listed threatened (ST), state-listed endangered (SE), and state special concern (SC) species with the goal of ensuring their long-term survival. Colorado Parks and Wildlife (CPW) administers these requirements.

• 2009 Impacted Black-tailed Prairie Dog (Cynomys ludovicianus) (BTPD) Policy: Is based on any municipal and agency policies and the most stringent policy for a given area must be followed. In CDOT right of way (ROW), the applicable policies that will be followed are the 2009 CDOT Impacted Black-tailed

Prairie Dog Policy and the Black-tailed Prairie Dog Relocation Guidelines (CDOT 2009; CDOT, 2002).

• The Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA): Vegetation clearing, earth-moving, bridge demolition, and other construction activities have the potential to disrupt nesting activity or destroy nests of bird species protected under the MBTA and BGEPA. The USFWS administers these requirements.

• Section 404 of the Clean Water Act (CWA): Regulates waters of the US (WOTUS), which include open waters and wetlands, and impacts to these features would require permitting through the US Army Corps of Engineers (USACE).

• Noxious Weeds: The Colorado Department of Agriculture (CDA) Noxious Weed Act of 2003 (CRS 35-5-101; CRS 35-5.5-101; Executive Order (EO) D-006-99) defines and prioritizes management objectives for state-designated noxious weeds. The CDA classifies noxious weed species into three categories: List

A, List B, and List C. List A species are designated by the Commissioner of the CDA for eradication. List B species are those species that are managed to stop continued spread. List C species are weed species that are not required to be managed by local jurisdictions but are monitored to provide additional education and research (CDA, 2021).

1.1 Project Description

The project will be receiving funding through CDOT without FHWA involvement. The project consists of the construction of a trail and pedestrian bridge over the Greeley No. 2 Canal as part of the Poudre River Trail Project. When complete, the Poudre River Trail will be a 40-mile paved recreational trail that runs from Bellvue, north of Fort Collins, to Island Grove Park in Greeley. Much of the trail has already been constructed, but there are three gaps remaining to construct. The Timnath segment of the trail will be approximately 1 mile in

Town of Timnath, Larimer County, Colorado Page 2 length and be a 10-foot-wide concrete trail with soft shoulders within a 30-foot-wide permanent easement.

Easements will be required from multiple parcels to construct the trail, and a fence will be constructed demarking the easement area accommodating the new trail.

A pedestrian bridge will be constructed over the Greeley No. 2 Canal. The bridge will be 55 feet long with a concrete deck. New bridge abutments will be sunk at the top of the north and south banks of the canal. Initial excavation will occur for construction of the concrete bridge abutments to a depth of roughly of 6 feet below the surface. The excavated material will be set aside for replacement to backfill the concrete abutments and armoring. CDOT class 12-riprap will be installed to protect bridge abutments and support the banks; newly installed riprap will be covered with 18 inches of native excavated material to match pre-existing contours.

1.2 Project Location

The project location is shown in Figure 1 and described below in Table 1-1.

Table 1-1 Project Location

Town Timnath, CO

County Larimer

United States Geological Survey (USGS) 7.5- Minute Quadrangle

Windsor, 1969 (USGS, 1969)

Section, Township, and Range (6th Principal Meridian)

Sections 12 and 13, Township 6 North, Range 68 West

Elevation of Project (feet above mean sea level) 4,800

Location of Project in Decimal Degrees (World

Geodetic System 84) 40.493465°, -104.951112°

Town of Timnath, Larimer County, Colorado Page 3

2. Methods

Pinyon biologist Brandee Anderson visited the site on June 3 and 5, 2019 and April 13, 2021 to assess the study area for biological resources. Pinyon biologist Korby Mintken visited the site on June 26, 2019, and again with Pinyon biologists Mark Fletcher and Erin Tessens, on June 2, 2021. The site visit schedule was dependent on the receipt of permissions to enter for various properties and several study area changes. The weather during the site visits varied. During the June 2019 site visits, the weather was clear and sunny to partially cloudy and the temperature was approximately 70° to 80° Fahrenheit. During the April 2021 site visit, the weather was partly cloudy, and the temperature was approximately 40° Fahrenheit. During the June 2021 site visit, the weather was sunny, and the temperature was approximately 70° to 80° Fahrenheit.

2.1 Study Area

Pinyon was provided with the boundaries where the maximum extent of project impacts is anticipated to occur.

This area is further referred to in this report as the “study area.” The study area evolved over time as the trail alignment was refined; the current (as of June 2021) alignment as well as the overall study area that was investigated in the field are shown on Figure 1.

2.2 Survey Parameters

Pinyon personnel surveyed the study area for biological resources by walking throughout the study area and recording the locations of sensitive habitat features. During each site visit, Pinyon used a Trimble Geo 7X global positioning system (GPS) unit or a tablet-based Collector for ArcGIS paired with a R1 Global Navigation Satellite

System Receiver with sub-meter accuracy to record relevant information. The GPS data were downloaded and mapped in ArcGIS mapping software. Notes and photographs were taken to record field conditions (Appendix

A).

The following activities were completed during each site visit:

• General habitat conditions and land uses were noted. Dominant plant species and plant habitats were recorded.

• The study area was evaluated for protected species and their habitats, including:

o Federally listed threatened and endangered species, as specified by the USFWS online Information for

Planning and Consultation (IPaC) System (USFWS, 2021a).

o ST, SE, and SC species, as specified by USGS quadrangle on the CPW and Colorado Natural Heritage

Program (CNHP) websites.

o Migratory birds.

• WOTUS (which include non-wetland waters and wetlands) were mapped and delineated in accordance with the 1987 USACE "Wetland Delineation Manual" and the 2010 USACE “Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Great Plains Region (Version 2.0)” (Environmental

Laboratory, 1987; USACE, 2010).

• Noxious weeds were documented.

Town of Timnath, Larimer County, Colorado Page 4

3. Results

3.1 Habitat Description

3.1.1 Land Use

The project is located in a suburban, semi-developed, residential, and agricultural area. Land use surrounding the study area was a mix of residential and agricultural properties, an inactive gravel mine, and River Bluffs Open Space. The project is primarily located on private land and ROW acquisition will be required. Given the presence of various two-tracks, the inactive gravel mine, the Greeley No. 2 Canal, and other ditches, it is likely that the natural vegetation, soils, and hydrology have been altered by filling, grading, agricultural, and improvement activities in the past.

3.1.2 General Habitat and Vegetation Description

Upland portions of the study area were comprised of fallow agricultural fields or non-native vegetation such as flixweed (Descurainia sophia), kochia (Bassia scoparia), crested wheatgrass (Agropyron cristatum), smooth brome (Bromus inermis), and downy brome (Bromus tectorum) (Appendix A, Photo 1).

Wetland portions of the study area were dominated by a variety of herbaceous species such as Colorado rush

(Juncus confusus), roundfruit rush (Juncus compressus), interior rush (Juncus interior), Northwest Territory sedge (Carex utriculata), common spikerush (Eleocharis palustris), bulrush (Schoenoplectus spp.), saltgrass (Distichlis spicata), reed canarygrass (Phalaris arundinacea), tufted hair grass (Deschampsia cespitosa), salt sandspurry (Spergularia salina), cattail (Typha spp.), and more (Appendix A, Photo 2).

3.2 Threatened and Endangered Species

3.2.1 Federally Listed Species

Based on a review of the USFWS online IPaC System, there are federally listed species with the potential to occur in, or be impacted by, a project in this location (USFWS, 2021a).

Four of these species are included because they occur downstream of the study area along the Platte and/or

Missouri Rivers and could be impacted by projects that result in water depletions to their tributary, the South Platte River. These four species include the pallid sturgeon (Scaphirhynchus albus), Piping Plover (Charadrius melodus), Whooping Crane (Grus americana), and western prairie fringed orchid (Platanthera praeclara). In order to address the effects depletions may have on federally listed species that depend on the river for their survival, agencies and organizations—including public water suppliers—in Colorado participate in the South Platte Water Related Activities Program (SPWRAP). Because water used for this project will be sourced from a public water source, potential effects to downstream species will be addressed through SPWRAP; therefore, these four species are not discussed further.

The habitat and distribution of each of the remaining species were reviewed, and the potential for occurrence for each species was assigned based on the conditions at the study area. Based on the habitat review, three of the remaining federally listed species have no potential to occur in, or be affected by, the project (Table 3-1).

One species, the Ute ladies’-tresses orchid (Spiranthes diluvialis) has a low potential to occur in the study area and is discussed further in Section 3.2.1.1.

Town of Timnath, Larimer County, Colorado Page 5

Table 3-1 Federally Listed Species and Their Potential to Occur in the Study Area

Notes:

FT = federally listed as threatened 1Based on a review of information in NatureServe Explorer online (NatureServe, 2021) and Colorado Parks and Wildlife data (CPW, 2018; CPW, 2021a; CPW, 2021b).

Common Name

Species Federal

Status Habitat1

Potential for Occurrence in

Study Area

Birds

Eastern

Black Rail

Laterallus jamaicensis ssp.

jamaicensis

FT In the interior U.S., Eastern

Black Rail uses wet sedge meadows with dense cover. In

Colorado, the birds generally use shallow wetlands often dominated by cattails.

None. The study area is outside of the core habitat for the Eastern Black Rail

(based on Colorado Parks and Wildlife mapping completed in 2018).

Fish

Greenback

Cutthroat

Trout

Oncorhynchus clarki ssp.

stomias

FT Known in select headwater streams in the Arkansas and

South Platte River drainages.

Adapted to cold, clear, oxygenated streams of moderate gradient.

None. Suitable habitat was not observed in the study area. No cold, clear, oxygenated streams in the study area.

Mammals

Canada Lynx Lynx canadensis

FT Uneven-aged stands with relatively open canopies and well-developed understories of coniferous forests. In Colorado, usually found above 8,000 feet above mean sea level.

None. Suitable habitat was not observed in the study area. Elevations in the study area are lower than the species’ preferred elevational range.

Preble's

Meadow

Jumping

Mouse

Zapus hudsonius preblei

FT Occurs along Front Range of

Colorado along permanent or intermittent streams in areas with herbaceous cover and adequate cover of shrubs and trees.

None. Suitable habitat was not observed in the study area. The closest potential habitat is along the Cache la

Poudre River, which is located 0.5 mile southwest of the study area. Numerous trapping data points along the Cache la

Poudre River were negative for

Preble’s mouse captures (USFWS, 2018).

Plants

Ute Ladies'-tresses

Orchid

Spiranthes diluvialis

FT Sub-irrigated alluvial soils along streams; open meadows on floodplains, including riparian areas. The species generally occurs at elevations below

6,500 feet.

Low. Wetland habitat does occur in the study area but is atypical for the species. Currently, two populations are documented in Larimer County, occurring near the northwest edge of

Fort Collins near Claymore Lake and along the Cache la Poudre River northwest of Bellvue (approximately 13 and 18 miles northwest of the study area, respectively, and within the same watershed) (CNHP, 1997+

Town of Timnath, Larimer County, Colorado Page 6

3.2.1.1 Ute ladies’-tresses orchid

The Ute ladies’-tresses orchid (ULTO) occurs at elevations below 6,500 feet in wetland and riparian habitat, including moist to wet alluvial meadows, floodplains of perennial streams, and around springs and lakes (USFWS, 1992). Wetland habitat in the study area provides suitable habitat for ULTO. Currently, two populations are documented in Larimer County, occurring near the northwest edge of Fort Collins near Claymore Lake and along the Cache la Poudre River northwest of Bellvue (approximately 13 and 18 miles northwest of the study area, respectively and within the same watershed) (CNHP, 1997+). Numerous plants are associated with ULTO. Of the associated species commonly found with ULTO, only two were observed in the study area, Canada thistle (Cirsium arvense) and horsetail (Equisetum sp.).

3.2.2 State-Listed and Special Concern Species

Based on a review of the CPW species activity mapping data and CNHP tracking list, documented by USGS quadrangle, there are numerous SE, ST, and SC species with the potential to occur in the study area. The habitat and distribution of each of these species was reviewed, and it was determined that suitable habitat for one ST and seven SC species occurs in the study area (Table 3-2).

Table 3-2 State-listed and State Special Concern Species and Their Potential to Occur in the Study Area

Common Name

Species Status Habitat1 Potential for Occurrence in Study Areas2

Mammals

Black-tailed

Prairie Dog

Cynomys ludovicianus

SC

Shortgrass or mixed-grass prairie.

High. Black-tailed prairie dogs were noted in the study area.

Northern

Pocket

Gopher

Thomomys talpoides macrotis

SC

Found in many different habitat types including agricultural and pasture lands, semidesert shrublands, and grasslands at lower elevations, upwards into alpine tundra. Prefers deep soils along streams and in meadows and cultivated fields, but also found in rocky soils and clay.

High. Suitable habitat (agricultural land) and soils (deep soils along pond margins) were noted in the study area.

Town of Timnath, Larimer County, Colorado Page 7

Common Name

Species Status Habitat1 Potential for Occurrence in Study Areas2

Birds

Bald Eagle Haliaeetus leucocephalus

SC

Open canopies with large, mature trees for perching and nesting. Prefer areas near open waters.

High. A Bald Eagle nest and roost site are mapped within a 0.5-mile radius of the study area, and two more Bald Eagle nests are located just outside of the 0.5-mile radius

(CPW, 2021a). Bald Eagle winter range and winter concentration area, as well as winter and summer foraging habitat, are mapped within the study area or within a 0.5-mile radius of the study area (CPW, 2021a). Suitable habitat is primarily located along the Cache la Poudre

River, located west of the study area, and foraging habitat (active black-tailed prairie dog colonies) was noted in the study area

Burrowing

Owl

Athene cunicularia

ST

Burrows in open grasslands, especially prairie, plains, and savanna.

High. Suitable habitat (black-tailed prairie dog burrows) was noted in the study area.

Long-billed

Curlew

Numenius americanus

SC

Prefers wet, grassy meadows within mosaics of short grasslands, meadows, agricultural fields, and wetlands.

Low. The study area has grassy wetland habitat but lacks extensive wetland/grassland mosaics that would provide ideal breeding habitat.

Mountain

Plover

Charadrius montanus

SC

In northeastern Colorado, nesting often occurs in shortgrass prairie with a history of heavy grazing or in low shrub semideserts.

Prefers very short vegetation, significant areas of bare ground, and flat or gentle slopes. Generally avoids moist soils.

Low. The study area has marginal habitat but lacks extensive tracts of shortgrass prairie with bare, dry ground.

Town of Timnath, Larimer County, Colorado Page 8

Species Status Habitat1 Potential for Occurrence in Study Areas2

Amphibians

Northern

Leopard Frog

Lithobates pipiens

SC

Springs, slow moving streams, marshes, bogs, ponds, canals, floodplains, reservoirs, and lakes.

Typically, they occur in or near permanent water bodies with rooted aquatic vegetation. In summer, they commonly inhabit wet meadows and fields.

High. Suitable habitat (fields adjacent to wetland habitat associated with ponds and canals) was noted in the study area.

Reptiles

Common

Garter Snake

Thamnophis sirtalis

SC

Marshes, ponds, and the edges of streams; basically, restricted to aquatic, wetland, and riparian habitats along the floodplains of streams; seldom found away from water or at isolated ponds.

High. Suitable habitat (land adjacent to water and wetland habitat associated with ponds and canals) was noted in the study area.

Notes:

1Based on a review of information from CPW Species Profiles (CPW, 2021b) 2Tracking information is from the CNHP Tracking Lists of threatened and endangered species, CPW Species Activity

Mapping data, and CPW’s Species Profiles (CNHP, 2018; CPW, 2021a; CPW, 2021b)

SC = State Special Concern Species (not a statutory category, usually no further action is required for these species)

ST = State Listed as Threatened

No habitat for SE species occurs in the study area. One ST has the potential to occur in the study area, Burrowing Owl (Athene cunicularia). This species is discussed further in Section 3.2.2.1 and Section 3.3.

The remaining species are all SC. Usually, no further action is required SC species because they are not a statutory category. However, CDOT has special management considerations for black-tailed prairie dogs, described further in Section 3.2.2.1. Bald Eagle (Haliaeetus leucocephalus), Burrowing Owl, Long-billed Curlew

(Numenius americanus), and Mountain Plover (Charadrius montanus) are provided additional protection by the MBTA. Bald Eagles are also protected by the BGEPA. Bald Eagles are discussed further in Section 3.2.2.2 and migratory birds in general are discussed further in Section 3.3.

There are no regulations or policies protecting the remaining SC species, northern pocket gopher (Thomomys talpoides macrotis), northern leopard frog (Lithobates pipiens), and common garter snake (Thamnophis sirtalis), from incidental take. However, as described in Section 4, general measures that the project will use to protect sensitive habitats are expected to minimize impacts to these species.

Town of Timnath, Larimer County, Colorado Page 9

3.2.2.1 Black-tailed Prairie Dog and Burrowing Owl

The overall range of the black-tailed prairie dog is located within and surrounding the study area and active black-tailed prairie dog colonies were noted in and adjacent to the study area during the site visit (Figure 2;

Appendix A, Photo 3).

Black-tailed prairie dog towns also serve as suitable habitat for Burrowing Owls, which are a ST species and are also protected under the MBTA. Because black-tailed prairie dogs were noted in the study area, there is the potential for Burrowing Owls to occur in the study area and within 660 feet of the study area; although, none were observed during the site visit (Figures 2 and 3).

3.2.2.2 Bald Eagle

The Bald Eagle is a federal recovery species (was federally listed) and is a SC species with a high potential to occur in or near the study area. A Bald Eagle nest and a roost site are mapped along the Cache la Poudre River within a 0.5-mile radius of the study area, while two more Bald Eagle nests are mapped just outside of the 0.5-mile radius (Figure 3; CPW, 2021a). Bald Eagle winter range and winter concentration area, as well as winter and summer foraging habitat, are mapped within the study area or within a 0.5-mile radius of the study area

(CPW, 2021a). Suitable habitat for Bald Eagle is primarily located along the Cache la Poudre River, west of the study area.

Bald Eagles generally begin exhibiting courtship behaviors in January and February and generally lay and incubate eggs between February and April (USFWS, 2021b). During the April 13, 2021 site visit, the biologist observed a Bald Eagle sitting on the nest located within the 0.5-mile radius and another Bald Eagle was perched next to the nest (i.e., the nest is an active Bald Eagle nest) (Appendix A, Photo 4). At least three other Bald Eagles were observed during the site visit, one of which was perched next to the other Bald Eagle nest mapped west of the study area, but outside of the 0.5-mile radius (Figure 3). Bald Eagles may use large trees in and near the study area for perching, roosting, or nesting and the study area provides suitable foraging habitat for Bald Eagles

(black-tailed prairie dogs).

3.3 Migratory Birds

Few large trees were noted within the study area. However, there were many large deciduous trees within 0.5-mile of the study area (within the CPW Recommended Buffer Zones for raptors) that could be used by nesting raptors (Figure 3; CPW, 2020).

Multiple Bald Eagles were observed during the site visit and are discussed in Section 3.2.2.2. Other raptors were observed during the site visit, including a Red-tailed Hawk (Buteo jamaicensis), a Northern Harrier (Circus cyaneus), and an American Kestrel (Falco sparverius) (Appendix A, Photos 5 and 6). Although numerous large trees were noted with the 0.5-mile radius of the study area, the only nest noted was the Bald Eagle nest.

However, is it possible that other nests could be built later in the season and become active.

Black-tailed prairie dog burrows, which were noted in several locations in the study area, provide suitable habitat for Burrowing Owls, although no Burrowing Owls were noted (Figure 2; Appendix A, Photo 3).

The study area provides suitable perching/roosting and foraging habitat for raptors. Nesting for most raptor species generally occurs from February 15 through July 15 and suitable habitats are present within the CPW

Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors for many species (CPW, 2020).

Town of Timnath, Larimer County, Colorado Page 10

Within the study area, trees, shrubs, saplings, tall grasses, and human-made structures could be used as nesting sites for non-raptor migratory birds. In Colorado, most nesting and rearing activities for non-raptor migratory birds occur between April 1 and August 31.

3.4 Waters of the United States

Three non-wetland water features were noted in the study area, the Greeley No. 2 Canal and two unnamed agricultural ditches. Six palustrine emergent (PEM) wetlands were delineated in the study area. Refer to the project’s Wetland Delineation Report for a detailed description (Pinyon, 2021).

3.5 Noxious Weeds

Noxious weeds present within the study area are typical of those located along Colorado Front Range roadsides and developed areas and other noxious weeds common to the Front Range are likely located in the study area (Figure 2). Table 3-3 presents the common name, scientific name, state weed list, and percent cover for noxious weeds observed in the study area (CDA, 2021). Figure 2 shows the general distribution of noxious weeds mapped during the site visits.

Table 3-3 Noxious Weeds Identified in the Study Area

Common

Name Scientific Name

USDA

Code State List

CDA

Management

Goal for Study

Area

Density and Location in

Study Area1

Canada Thistle Cirsium arvense CIAR4 B Suppression

Low. Common throughout the study area, especially wetland areas.

Common

Mullein Verbascum thapsus VETH C

None. No requirement for

List C Species.

Low. Common throughout upland portions of the study area.

Common

Storksbill Erodium cicutarium ERCI6 C

None. No requirement for

List C Species.

Low. Common throughout upland areas of the study area.

Downy Brome Bromus tectorum BRTE C

None. No requirement for

List C Species.

Low. Common throughout upland areas of the study area.

Field Bindweed Convolvulus arvensis COAR4 C

None. No requirement for

List C Species.

Low. Common throughout upland areas of the study area.

Hoary Cress Cardaria draba CADR B Contain

Low. Common throughout upland areas of the study area.

Town of Timnath, Larimer County, Colorado Page 11

Scientific Name

USDA

Code State List

CDA

Management

Goal for Study

Area

Density and Location in

Study Area1

Leafy Spurge Euphorbia esula EUES B Suppress

Low. Common throughout upland areas of the study area.

Musk Thistle Carduus nutans CANU4 B Eliminate

Low. Common throughout upland areas of the study area.

Perennial

Pepperweed Lepidium latifolium LELA2 B Contain

Scattered.

Located in one location in the study area.

Russian Olive Elaeagnus angustifolia ELAN B Contain

Scattered.

Located in isolated locations of the study area.

Scotch Thistle Onopordum acanthium ONAC B Contain

Low. Located in two locations in the study area.

Notes: USDA = US Department of Agriculture; CDA = Colorado Department of Agriculture.

1Densities are defined as follows:

Low = (10-40%) individuals of species are present in low numbers, are not visually dominating the landscape, but are beginning to establish a foothold in the plant community

Scattered = (<10%) indicates a sporadic occurrence of the species.

Density averages were completed where more than one population was identified in the study area.

Town of Timnath, Larimer County, Colorado Page 12

4. Conclusions and Mitigation Recommendations

Pinyon has completed this Biological Resources Report for the Timnath Pedestrian Bridge and Trail Project in

Timnath, Larimer County, Colorado. The study area was assessed for the presence of biological resources including federally and state-listed species, migratory birds, WOTUS—including wetlands, and noxious weeds.

Larimer County will strive to avoid or minimize impacts to sensitive habitats (e.g., wetland areas, active prairie dog colonies) as design progresses and the project has committed to following appropriate conservation measures. Biological resources have been identified in order to avoid and minimize impacts to them, including sensitive habitats, during the design and future implementation of the project. Equipment not necessary for immediate construction activities will be stored in a staging area, outside of sensitive habitats. The limits of disturbance will be demarcated with orange plastic or silt fencing to limit personnel from entering and disturbing environmentally sensitive areas. Mitigation for project impacts will also involve management of noxious weeds in the study area, which would improve the quality of the habitat. These and other measures will be included in the project documents and provided at the preconstruction meeting. Project personnel will be educated about the sensitive habitats (e.g., wetlands) within and adjacent to the study area. The project documents will also include a Stormwater Management Plan to minimize potential indirect impacts caused by erosion and sedimentation.

4.1 Threatened and Endangered Species

4.1.1 Federally Listed Species

The study area was assessed for the federally listed species with the potential to occur in the study area or be impacted by the project. Based on the habitat present, the project would have no effect on the following federally listed species: greenback cutthroat trout, Canada lynx, and Preble’s meadow jumping mouse.

Therefore, no further consultation or mitigation for these species is recommended. The project may affect, but is not likely to adversely affect ULTO, discussed further in Section 4.1.1.1.

4.1.1.1 Ute Ladies’-tresses Orchid

The study area has wetland habitat that may be suitable for ULTO. A presence/absence survey will be completed during the 2021 blooming season (generally July through August) when known reference populations are in bloom. After the survey has been completed, CDOT will submit a letter to the USFWS requesting concurrence on the effect determination, per Section 7 of the ESA.

4.1.2 State-Listed Species

The study area was assessed for ST, SE, and SC species with the potential to be impacted by the project. The black-tailed prairie dog, northern pocket gopher, Bald Eagle, Burrowing Owl, Long-billed Curlew, Mountain

Plover, northern leopard frog, and common garter snake were identified as having the potential to occur in the study area. CDOT has special management considerations for black-tailed prairie dogs, which are outlined in

Section 4.1.2.1. Bald Eagle, Burrowing Owl, Long-billed Curlew, and Mountain Plover are provided additional protection by the MBTA (see Section 4.2). Bald Eagles are also protected by the BGEPA.

No mitigation is recommended regarding the remaining species, northern pocket gopher, northern leopard frog, and common garter snake. The project team will work to minimize impacts in suitable habitat areas for these species (i.e., wetland and riparian areas) and Best Management Practices (BMPs) outlined in the

Stormwater Management Plan will be implemented to minimize impacts to sensitive areas, which will further minimize impacts to these species. Because of this, impacts to these species are anticipated to be minor.

Town of Timnath, Larimer County, Colorado Page 13

Additionally, Colorado SC species are not a statutory category and therefore no further action or permitting is generally required (although, additional measures may be recommended at the discretion of CPW).

The remaining species, black-tailed prairie dog, Burrowing Owl, and Bald Eagle, have a high potential to occur in the study area and are discussed further in Sections 4.1.2.1 and 4.1.2.2.

4.1.2.1 Black-tailed Prairie Dog and Burrowing Owl

Black-tailed prairie dogs were present in the study area and CDOT's Prairie Dog Policy is intended to manage black-tailed prairie dogs (CDOT, 2009) (Figure 2; Appendix A, Photo 3). Pinyon recommends that CDOT’s

Prairie Dog Policy be followed if impacts to prairie dogs are anticipated to occur. If relocation is an option, the project should follow CDOT’s Relocation Guidelines (CDOT, 2002). Pinyon recommends the inclusion of

CDOT’s Revision of Section 240−Black-tailed Prairie Dogs, which provide specifics on black-tailed prairie dogs, in the contract/project plans. Pinyon has provided this revision separately.

Black-tailed prairie dog colonies provide suitable habitat for Burrowing Owls, a ST species that is also protected under the MBTA. If prairie dog colonies are planned to be impacted between March 15 and October 31, Burrowing Owl surveys should be completed prior to construction activities in areas where black-tailed prairie dog colonies were noted. Surveys should be conducted in accordance with the CPW guidance document

Recommended Survey Protocol and Actions to Protect Nesting Burrowing Owls (CPW, 2021c). Should an active nest be noted within 660 feet of the study area, the following buffer zones and seasonal restrictions should be followed:

Nest sites: no surface disturbance within 660 feet of a nest site from March 15 through August 31.

4.1.2.2 Bald Eagle

As described in Section 3.2.2.2, one Bald Eagle was observed on a nest while another one was observed perched next to the nest within 0.5 mile of the study area (Figure 3; Appendix A, Photo 4). Additionally, a CPW-mapped Bald Eagle roost site is located along the Cache la Poudre River, also within 0.5 mile of the study area (CPW, 2021a) (Figure 3).

The Bald Eagle is protected under the MBTA and BGEPA. Due to the potential for MBTA constraints, Pinyon recommends that the contractor follows MBTA nest survey guidelines during the nesting season, which are usually outlined in CDOT’s Revision of Section 240−Protection of Migratory Birds. Pinyon recommends that these project specials and/or general notes, which provide specifics on bird nest surveys (which would be required prior to construction), be included in the contract/project plans. Pinyon has provided this revision separately. The following buffer zones and seasonal restrictions should be followed:

• Active Nest (December 1 through July 31, or until you have fully fledged): no surface occupancy within 0.25-mile radius of an active nest. No human encroachment within 0.5-mile radius of active nest.

• Winter Night Roost and/or Communal Roost (November 15 through March 15): no human encroachment within 0.25-mile radius of an active roost (with no direct line of site). No human encroachment within 0.5-mile radius of an active roost (with direct line of site).

Based on the adherence to these recommended buffers and seasonal restrictions, and the MBTA guidance discussed above and below in Section 4.2, the project is likely to have minimal impacts on the Bald Eagle.

Town of Timnath, Larimer County, Colorado Page 14

4.2 Migratory Birds

Potential habitat for nesting birds was identified in and within a 0.5-mile buffer of the project area. The nesting season for most birds generally occurs from April through August, although raptors may nest as early as

February. Due to the potential for MBTA constraints, Pinyon recommends that the contractor follow MBTA nest survey guidelines during the nesting season, which are outlined in Revision of Section 240−Protection of Migratory Birds. Section 240 includes guidelines for nest surveys, timing restrictions, and avoidance buffers.

Pinyon recommends that these project specials and/or general notes, which provide specifics on bird nest surveys, be included in the contract/project plans. Pinyon has provided this revision separately. If active raptor nests are confirmed to occur within a 0.5-mile buffer of the project area prior to the onset of construction, it is recommended that a qualified wildlife biologist consult with CPW to determine appropriate measures to minimize impacts on nesting activities. Species-specific recommendations are discussed for Burrowing Owl in Section 4.1.2.1 and Bald Eagle in Section 4.1.2.2.

4.3 Waters of the United States

Section 404 permitting is required for the project. The type (temporary or permanent) and quantity of impacts to WOTUS will be assessed and a Pre-Construction Notification will be submitted to the USACE. Project impacts will likely be covered under a Nationwide Permit.

4.4 Noxious Weeds

Noxious weeds typical of the Front Range are present in the project area. No List-A noxious weed species were noted, and the List B and List C weeds identified did not appear to be greater in densities than the surrounding areas. Therefore, a noxious weed management plan is not recommended. Nevertheless, the project is required to minimize the spread of noxious weeds during construction. By following general BMPs outlined in the project plans, the potential for introducing and spreading noxious weeds in the study area will be reduced. Pinyon recommends that the project follow BMPs outlined in Revision of CDOT 217−Herbicide Treatment and has provided this revision separately.

Town of Timnath, Larimer County, Colorado Page 15

5. Limitations

This report was prepared by Pinyon, at the request of and for the sole benefit of AVI Professional Corporation, or any entity controlling, controlled by, or under common control with AVI Professional Corporation. The conclusions and recommendations offered in this report are based on the data obtained from a limited number of samples, within a prescribed study area as described in the text. Soil, hydrologic, vegetation, biological and ecological conditions typically vary even over short distances, by season, by elevation, and by meteorological conditions. Thus, the nature and extent of variations outside this biological investigation may not become evident except through further investigation. It is possible that ecological conditions may change from those observed, particularly over time.

Town of Timnath, Larimer County, Colorado Page 16

6. References

CDA, 2021. “Colorado Noxious Weed List, https://www.colorado.gov/pacific/agconservation/noxious-weed-species, list effective updated October 2020.

CDOT, 2002. “Black-tailed Prairie Dog Relocation Guidelines,” Colorado Department of Transportation, January 2002.

CDOT, 2009. “Impacted Black-Tailed Prairie Dog Policy,” Colorado Department of Transportation, January

2009.

CNHP, 1997+. “Colorado Rare Plant Guide,” Colorado Natural Heritage Program. Latest update: August 30, 2019.Available at: www.cnhp.colostate.edu. Accessed April 2021.

CNHP, 2018. “CNHP Conservation Status Handbook (Tracking List),” Colorado Natural Heritage Program.

Data last updated March 2018. Available at: http://www.cnhp.colostate.edu/download/list.asp.

CPW, 2018. “Eastern Black Rail Occupancy in Southeastern, Colorado”. Colorado Parks and Wildlife. August 9, 2018.

CPW, 2020. “Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors,” Colorado Parks and Wildlife, Revised 2020. Available at:

https://cpw.state.co.us/Documents/WildlifeSpecies/LivingWithWildlife/Raptor-Buffer-Guidelines.pdf.

Accessed April 2021.

CPW, 2021a. “Species Activity Data Shapefile Download,” Colorado Parks and Wildlife, last modified January 28, 2021. Available at:

https://www.arcgis.com/home/item.html?id=190573c5aba643a0bc058e6f7f0510b7.

CPW, 2021b. “Species Profiles,” Colorado Parks and Wildlife, Federally Listed Threatened and Endangered

Species. Available at: https://cpw.state.co.us/learn/Pages/SpeciesProfiles.aspx. Accessed April 2021.

CPW, 2021c. “Recommended Survey Protocol and Actions to Protect Nesting Burrowing Owls,” Colorado Parks and Wildlife, Revised April 6, 2021.

Environmental Laboratory, 1987. "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87- 1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS.

NatureServe, 2021. “NatureServe Explorer: An online encyclopedia of life [web application]. Version 7.1,” NatureServe, Arlington, Virginia. Available http://www.natureserve.org/explorer. Accessed April 2021.

Pinyon, 2021. “Wetland Delineation Report,” Timnath Pedestrian Bridge and Trail Project. Pinyon Environmental, Inc. Submitted to AVI Professional Corporation on July 1, 2021.

USACE, 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Great Plains

Region (Version 2.0), ed. J. S. Wakeley, R. W. Lichvar, and C. V. Noble. ERDC/EL TR-10-3.

Vicksburg, MS: US Army Engineer Research and Development Center.

USFWS, 1992. Endangered and Threatened Wildlife and Plants: Final Rule to List the Plant Spiranthes diluvialis

(Ute ladies' -tresses) as a Threatened Species. Federal Register 57(12): 2048-2054.

https://cpw.state.co.us/Documents/WildlifeSpecies/LivingWithWildlife/Raptor-Buffer-Guidelines.pdf https://www.arcgis.com/home/item.html?id=190573c5aba643a0bc058e6f7f0510b7 https://cpw.state.co.us/learn/Pages/SpeciesProfiles.aspx.%20Accessed%20April%202021

Town of Timnath, Larimer County, Colorado Page 17

USFWS, 2018. “Preble’s Meadow Jumping Mouse (Zapus hudsonius preblei) trapping database for scientific collection activities conducted under Section 10 of the Endangered Species Act,” Colorado

Ecological Services Field Office. Denver. Received by Pinyon via email from Alison Michael, August 28, 2019.

USFWS, 2021a. “IPaC- Information for Planning and Consultation,” United States Fish and Wildlife Service.

Available at: http://ecos.fws.gov/ipac/. Accessed April 2021.

USFWS, 2021b. “Bald Eagle Nesting Seasons,” US Fish and Wildlife Service. Available at:

https://www.fws.gov/midwest/eagle/pdf/nest-seasons.pdf. Accessed April 2021.

USGS, 1969. “7.5-Minute Topographic Map, Windsor, Colorado,” United States Geological Survey, 1950.

Photorevised 1969.

https://www.fws.gov/midwest/eagle/pdf/nest-seasons.pdf

Figures

Figure: 1Drawn By: JAF Reviewed By: APHPinyon Project Number: 1/20-1008-02

Site Location: Sections 12 and 13, Township 6N, Range 68W, 6th Principal Meridian Date: 7/1/2021

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Study Area

Proposed Trail Alignment

0 2,0001,000 Feet

1 inch = 2,000 feet

Timnath Pedestrian Bridge and Trail Project Larimer County, Colorado

PROJECT LOCATION

Key Map

Legend

Figure: 2aDrawn By: JAF

Site Location: Sections 12 and 13, Township 6N, Range 68W, 6th Principal Meridian Date: 7/1/2021

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Study Area

Proposed Trail Alignment

0 200100 Feet

1 inch = 200 feet

Timnath Pedestrian Bridge and Trail Project Larimer County, Colorado

BIOLOGICAL RESOURCES

Figure: 2bDrawn By: JAF

Site Location: Sections 12 and 13, Township 6N, Range 68W, 6th Principal Meridian Date: 7/1/2021

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Study Area

Proposed Trail Alignment

Ordinary High Water Mark

Non-wetland Waters

Noxious Weeds

Prairie Dog Colonies

Wetlands

!( Sampling Point

0 200100 Feet

1 inch = 200 feet

Timnath Pedestrian Bridge and Trail Project Larimer County, Colorado

BIOLOGICAL RESOURCES

Figure: 2cDrawn By: JAF

Site Location: Sections 12 and 13, Township 6N, Range 68W, 6th Principal Meridian Date: 7/1/2021

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Study Area

Proposed Trail Alignment

Ordinary High Water Mark

Non-wetland Waters

Noxious Weeds

Prairie Dog Colonies

Wetlands

!( Sampling Point

0 200100 Feet

1 inch = 200 feet

Timnath Pedestrian Bridge and Trail Project Larimer County, Colorado

BIOLOGICAL RESOURCES

Figure: 2dDrawn By: JAF

Site Location: Sections 12 and 13, Township 6N, Range 68W, 6th Principal Meridian Date: 7/1/2021

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Study Area

Proposed Trail Alignment

Ordinary High Water Mark

Non-wetland Waters

Noxious Weeds

Prairie Dog Colonies

Wetlands

!( Sampling Point

0 200100 Feet

1 inch = 200 feet

Timnath Pedestrian Bridge and Trail Project Larimer County, Colorado

BIOLOGICAL RESOURCES

Figure: 3Drawn By: JAF

Site Location: Sections 12 and 13, Township 6N, Range 68W, 6th Principal Meridian Date: 7/1/2021

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Study Area Study Area - 0.5-mile Buffer Proposed Trail Alignment

[b Raptor Nests Raptor Nest - 0.25-mile Buffer Raptor Nest - 0.5-mile Buffer Bald Eagle Roost Site Roost Site - 0.25-mile Buffer Roost Site - 0.5-mile Buffer Burrowing Owl Habitat

! 660-foot Buffer

0 1,200600 Feet Timnath Pedestrian Bridge and Trail Project

Larimer County, Colorado

MIGRATORY BIRD BUFFERS

Key Map

Legend

Bald Eagle nest sites: no surface occupancy within 0.25-mile radius of an active nest.

Seasonal restriction within 0.5-mile radius of active nest from December 1 through July 31.

Bald Eagle winter night roosts: no surface occupancy within 0.25-mile radius of an active winter night roost. Seasonal restrictions within 0.5-mile radius of an active winter night roost from November 15 through March 15.

Burrowing Owl nest sites: no human encroachment within 660 feet of the nest site from March 15 through August 31.

BAEG=Bald Eagle

!I

Appendices

Appendix A Photographic Log

Photographic Log

Photographs taken June 3, 5, and 26, 2019 and April 13, 2021

Photo 1.

Representative view of upland areas located in the study area.

Photo taken in the northern portion of the study area, facing west.

Photo 2.

Representative view of an herbaceous wetland area located in the study area.

Photo taken of

Wetland (WL) 3, associated with

Unnamed

Agricultural

Ditch 1, facing south.

Photographs taken June 3, 5, and 26, 2019 and April 13, 2021

Photo 3. View of black-tailed prairie dog

(Cynomys ludovicianus) burrow, which provides suitable

Burrowing Owl

(Athene cunicularia) habitat, noted in the study area.

Photo 4. View of

Colorado Parks and Wildlife mapped Bald

Eagle (Haliaeetus leucocephalus) nest located within 0.5 mile of the study area. Bald Eagle noted on nest and another Bald

Eagle noted perched nearby.

Photographs taken June 3, 5, and 26, 2019 and April 13, 2021

Photo 5. View of

Red-tailed Hawk

(Buteo jamaicensis) noted perched in tree within the

Photo 6. View of

Northern

Harrier (Circus hudsonius) noted soaring over the