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HomeMy WebLinkAboutpitkin.planning.246315400004, 246332200005, 246327300013ATTACHMENT2 Consent from the owner of the property for the representative named above to process the application and represent the owner OT t~ DEPARTMENT OF TRANSPORTATION Program Area East -Region 3 202 Centennial Street Glenwood Springs, Colorado 81601 970.945.7629 Fax 970.945.3860 April 2nd, 2008 Mr. Michael Kraemer, Planner Community Development Department 130 South Galena Street Aspen, CO 81611 RE: PERMISSION TO REPRESENT Deaz Michael; Please consider this letter as authorization for Pitkin County, through its consultant, Tom Newland of Newland Project Resources, Inc. to apply for an Activity Envelope and Site Plan Review regazding a public trail on CDOT right-of--way known as State Highway 133. Pitkin County has received preliminary approval for a trail on the highway right-of--way and is currently in the process of obtaining a Bike Trail License to place the improvements. Should you have any questions, or if we can be of any assistance, please do not hesitate to contact me. Sincerely, J Elsen, Program Engineer XC: Nall, Woodmansee, Mertes Newland Project Resources aaaaoi o.~ ~ z ~~W~~~ Newland Project Resources, Inc. PROJECT MANAGEMENT ~DEVELOPMENi APPROVALS .~TRANSPDRTAiION PLANNING RErREAT10N PLANNING ~ENNRONMFN7Al ANALYSIS /INFORMAnON MANAGEMENT 7~/(~~'f5 Vdce/fas (970) 927-4645 Po Box 4815, 417 ORIGINAL ROAD, BASALT CO 81621 ~)`\~ ~- tomn@sopris net April 4, 2008 Michael Kraemer Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 RE: CRYSTAL RIVER TRAIL ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID #2463-154-00-004 & 2463-322-00-005 Dear Michael: Please accept this letter as my clients' request to obtain an Activity Envelope and Site Plan approval fur The Crystal River Trail, located north of Thompson Creek along State Highway 133. Any request for an Activity Envelope and Site Plan Review approval must provide a summary letter explaining the request, background information on prior approvals and permits, and shall address rnmpliance with the Code Sections Listed within the Pre-application Conference Summary. BACKGROUND INFORMATION The project is approximately 5 miles in length and is located predominately on the east side of the Highway 133 right of way from Carbondale to the BRB Campground (also known as Seven Oaks Road). The intent of the project is to create aten-foot wide asphalt, and four-foot wide compacted crusher fine trail from the terminus of the existing paved trail at Highway 133/Snowmass Drive intersection in Carbondale to Seven Oaks Road, located in unincorporated Pitkin County. The trail will be located almost entirely on the Colorado Department of Transportation right-of-way for Highway 133. There are three exceptions to this alignment within the highway right- of-way. Two occur on the Cold Mountain Ranch owned by Biil Fales, and the other occurs on the Mout Ranch Open Space parcel owned by Pitkin County. The purpose of this land use application is to gain Activity Envelope ahd Site Plan approval for the trail within Pitkin County. This trail project has received conceptual approval from the Colorado Department of Transportation. As a part of final approval of the project, CDOT has determined that a Categorical Exclusion for environmental and cultural resources is appropriate. Pitkin County is in the process of negotiating a "Bike Trail License" with CDOT to gain final approval to proceed with construction of the trail. The project has not received previous land use approvals. However, the Cold Mountain Ranch property, of which a small section of the trail will be located, has received previous land use approvals. These approvals are included as a part of ATTACHMENT 3. oaooo~ LAND USE CODE SECTIONS TO BE ADDRESSED Attached to this letter as required by the Pre-application Conference Summary (ATTACHMENT 1) please find the following materials, documents and information: Sec. 2-30-2O(g): Activity Envelope Criteria for Approval As evidenced by the contents of this letter and attachments, we feel that this application complies with the Activity Envelope and Site Plan Criteria as set forth in Section 2-30-20(g): ATTACHMENT 1: Pre-Application Conference Summary Sheet ATTACHMENT 2: Consent from the owners of the properties for Newland Project Resources, Inc. (NPRI) to represent them and to process the land use application. ATTACHMENT 3: Disclosure and proof of ownership of the property complying with Subsec. 5-70-020(D) of the Land Use Code and List of Adjacent Property and Mineral Rights Owners. ATTACHMENT 4: Street address and parcel description, including legal description, and an 8-1/2"x 11"vicinity map locating the subject property within Pitkin County. ATTACHMENT 5: Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form. ATTACHMENT 8: Wildlife Resource Report, developed by Colorado Wildlife Science, LLC, developed as a part of the CDOT Categorical Exclusion for the project. ATTACHMENT 7: Photographs showing the existing conditions and graphically enhanced photographs showing the trail alignment. ATTACHMENT 8: Draft Activity Envelope and Site Plan Plat prepared in accordance with the requirements of Subsections 7-10-50 of the Pitkin County Land Use Code and Section 2.2.1 of the Pitkin County Land Use Application Manual In summary, we are proposing the designation of an Activity Envelope and approval of a Site Plan for the purpose of placing approximately 18,200 linear feet (3.43 miles) of public trail within and along the State Highway 133 right-of-way. It is our intent to provide an adequate area for all of the allowed uses within a designated activity envelope. These uses include construction and use of a public trail and associated facilities; and culverting of portions of the Low Line Ditch and the Helms Ditch to facilitate trail placement, stabilize eroding areas, and provide for ease of maintenance and water delivery to existing agricultural uses. Section 7-30-50: Activity Envelope We feel that the Activity Envelope and Site Plan as proposed will allow the activities and development to comply with provisions of the Land Use Code and Comprehensive Plan. The project avoids, to the greatest extent possible, the "constrained areas" located on the property. The Activity Envelope is of adequate size to rnntain the proposed trail uses. The trail is compatible with the Recreation and Transportation goals, objectives and implementing measures of the Crystal River Master Plan: pTYSiAL RNER TRAIL ACTINTY ENVELOPE & SIiE PLAN REVIEW PARGKI ID M2463154-00-004 & 2463-32200-005 Page 2 000003 Objectives and Implementing Measures 6.6. Support the granting or purchase of conservation, fishing and t2il easements in order to faalitate enjoyment of the natural resources by neighbors and visitors. 7.2 Work with the Colorado Department of Transportation to create a paved bike path within the Highway 133 right-of--way and to provide paved shoulders on the Highway. 7.4. Work with Pitkin County and Colorado Department of Transportation to pursue, where appropriate, an off road bicycle pedestrian path paralleling Highway 133. It is acknowledged that upon approval of the Activity Envelope and Site Plan, any and all applicable local, state or federal permits required to conduct development activities will be obtained prior to initiation of construction. It is also acknowledged that all areas located outside of the approved Activity Envelope will not be disturbed and that construction fencing shall be placed around the perimeter of the Activity Envelope prior to initiation of construction. Section 7-20-20: Steep and Potent/a/ty Unstable Slopes The Proposed Activity Envelope does contain areas where side slopes exceed 45%. This is due to the existing conditions of the right-of-way, which was formally a rail corridor that required the build-up of side slopes over short lengths to maintain proper operating grades. Although most development is prohibited on slopes of greater than 45% by the Land Use Code, Section 7-20-2O(f) of the Code provides an exemption to this prohibition for public trails: (~ Exctsotions Construction of norr-motorzed, pubec bails on land owned or held in easement by a pub8c w norr- pre5t organkadon shall be reviewed threugh Ore Site Plan process, but shall be exempt from the standards Por development in Sec. 7--20.20 (Steep and Pofentia0y Unstable Slopes) and Sec. 7-20.50 (Geologic Hazards) previded that such trails shall be subject fo any other applicable regulations of this land Use Code and the following prov/slons: (1) No non-motorized, pubUc trail shall be permOted in steep and potentially unstable slope area that would subject oxupmds or users of the area fo hazardous condUions create or worsen such conditions affecting other devehrpmen(s, activities and /ands, subject other persons or the County b dangers or expenses regNred to mitigate such hazardous condi(lons, respond to emergencies created by such conditions or rehabUOate the improvements, activitles and lends. (2) All non-motorized, public trails in steep and potentially unstable slope area shell be con~ructed in such a manner as to mitigate the hazard to public heaUh and se/ety or to property due to steep and potentally unstable slope hazarts. Code Adopted July, 2008 by Ord. OfIA-2006 - § T. 20-ZO Amended (part) by Ord. 02Y2007. The applicant's licensed and certified engineering rnnsultant, JR Engineering, has developed the plans and specifications so that the portions of the trail over steep and potentially unstable slopes are designed to be constructed to mitigate the inherently hazardous conditions and to insure that the public health and safety is maintained during use of the trail. The trail alignment also crosses side slopes between 30% and 45%. The trail has been designed so that: • No water will be added to the site as a result of this proposal. GY7ISTAL RIVER TRAIL ACTINTYENVELOPE & SITE PLAN REVIEW Page 3 PARf~1 ID a2463-154-00004 6 2463-322-GOODS 000004 • The toe of the slope to be removed will be stabilized with the placement of retaining walls on the uphill side of the trail which will provide mechanical support. • There will be no weight load on the top of the slope; • Disturbed slopes shall be recontoured so that they can be revegetated; • Existing slopes will not be steepened. • Prior to application for an Earthmoving Permit, an engineer or geologist approved mitigation plan shall be submitted by the applicant that shows the area of disturbed slope, any re-grading required and the exact size and location of all mitigation devices. The mitigation measures must be determined by the Community Development Department to be the least visually and ecologically obtrusive alternatives. Section 7-20-10: Sfte Preparation and Grading Grading and filling on a site shall take place only within a defined Activity Envelope. Clearing or grubbing of land and the removal of vegetation shall take place only within an approved Activity Envelope as shown within the Site Plan (ATTACHMENT 7). No trees greater than six (6) inches in diameter at breast height (D.B.H.) shall be removed for placement of the improvements. If it is found in the field that tree removal is necessary, Each tree with six (6) inches or larger diameter at breast height (D. B.H.) that is removed within the Activity Envelope shall be replaced with one (1) or more trees with total D.B.H. at least equal to the caliper(s) of the tree(s) removed, to the maximum extent practicable. Any required replacement trees that do not survive for at least one (i) year after installation shall be replaced at the owner's expense, and the County may require financial security for such replacement pursuant to Sec. 7-20-130(b)(7). The Open Space and Trails Program further commits to the following construction techniques to insure the protection of natural terrain: • Revegetation and reforestation utilizing native or similar horticultural material, to be completed during the first planting season after construction; where vegetation is removed, it shall be replaced with vegetation that will reach similar density and height to that removed within two (2) years following conclusion of construction. • Removing and saving topsoil prior to any grading or excavating and replacement for revegetation. • Weed prevention, thistle management, and prohibition of non-native plants, which may include reducing animal damage to vegetation cover, as determined by the United States Soil Conservation Service Soil Survey. • Locating and installing utilities in a manner minimizing damage to the natural environment and scenic quality. The Open Space and Trails Program will practice the following erosion, sedimentation, and stormwater management practices throughout the course of construction and reclamation: • Retention all soil on site to the greatest extent practicable; • Minimize disturbance of natural vegetation and soil cover; • Ensure that all cuts and fills are adequately designed and vegetated to control erosion as well as stability of the slope area; d71STAL RIVER TRAIL ACTiVITV ENVELOPE & SITE PLAN REVIEW Page 4 PARCEL ID #2463154-06004 & 2463-322-04005 000005 • Ensure that natural drainage patterns are preserved and protected from increased water flows that subject existing channels and adjacent areas to increased erosion; and, • Preserve natural vegetation and soil cover within those buffer distances adjacent to the Crystal River and Thompson Creek. The Open Space and Trails Program will develop an approved erosion, sedimentation, or stormwater management plan that will remain in place until revegetation is viable. Section 7-20-30: Water Courses and Drainage The Activity Envelope has been situated so that development shall be compliant with all criteria of this section. The site plan (included as ATTACHMENT 8) demonstrates the following: • No encroachment or channeling of a river, stream, intermittent stream, pond, wet meadow, or wetland will occur as a result of the trail improvements. • The activities and development proposed will provide for maintenance of historical Flow patterns; will not impede the flow of natural water courses, and shall provide adequate drainage for all low points. Drainage system design and maintenance will account for runoff from the proposed development, and the drainage and stormwater management will utilize best management practices (BMPs) to insure unpolluted discharge into water bodies. • The trail improvements have been designed not to introduce contamination into the ground water. • Irrigated areas will not adversely affect the adequacy of water supply or the exercise of existing and decreed irrigation water to irrigated fields. • Irrigation ditches are located adjacent to the Activity Envelope. All provisions regarding access, leakage prevention, and flooding/seepage avoidance will be Complied with. • Provisions of this section regarding sedimentation shall be followed (sediment control during construction, sedimentation and revegetation). This shalt be addressed to the County's satisfaction during earthmoving permit approval. • No potential impact to water quality is anticipated. • The development proposed will not increase the demand or requirements for water at a residence. 7-20-50: Geologic Hazards The Proposed Activity Envelope may contain areas where potential geologic hazards exist. This is due to the existing conditions of the right-of-way, which was formally a rail corridor and as such required the build-up of side slopes over short lengths to maintain operating grades. Although most development is prohibited on areas containing geologic hazards by the Land Use Code, Section 7-20-50(j) of the Code provides an exemption to this prohibition for public trails: ® F~rcepSons Consbucfion of non-motorzed, public halls on land owned or held !n easement by a public or rron-prorit organization shag be reviewed through the SRa Plan process, but shag be exempt hom the standards Por development in geologic hazard areas provided drat wch hails shah be wbjed fo any other applicable regulations of this Land Use Code and the /oNowing provisions: (1) No non-motorized, pub/ic trail shall be permitted in a geologic hazard area that would subject occupants or users o/ the area to hazardous conditions,' create or worsen wch conNfions elleding other developments, activities and lands wbject other persons or the County to dangers or expenses required to mitigate such hazardous conditions, respond to emergencies created by such conditions or rehabilitate the CRYSTAL RIVER TRAIL ACTIVITY ENVELOPE & SITE PLAN REVIEW PARCEL ID #2463-154-00-004 & 24 633 22-04 0 0 5 Page 5 O Q Q Q© c improvements, activities and lands. (2) All non-motorized, Wblrc hails In geologic hazard areas sha# avoid avalanche hazard areas, and shall be constructed in such a manner as to mitigate the hazard to public health and safety or to properly due to geologic hazards. The applicant's licensed and certified engineering consultant, ]R Engineering, has developed the plans and specifications so that the portions of the trail that cross over potential geologic hazard areas are designed to be constructed to mitigate the inherently hazardous conditions and to insure that the public health and safety is maintained during use of the trail. 7-20-60: Wildfire Hazards -Mapped Low to Medium Wildfire Hazard Area We agree to abide with and conform to all of the standards applicable to the Medium Wildfire Hazard Area, including those for defensible space; access; maintenance and miscellaneous requirements. 7-20-70: Wlldlffe Habitat According. to the Wildlife mapping available at the Community Development office, the proposed Activity Envelopes are located in "Winter Range" for mule deer. In addition, the following wildlife areas are located in the general area: • A mapped " "Critical Habitat" and "Winter Concentration Area" for mule deer is located approximately 1,500-feet (0.28 miles) west and 1,500 - 3,000 feet (0.28 - 0.56 miles) east of the proposed Activity Envelopes; • A mapped " "Critical Habitat" for elk is located approximately 1,500 - 3,000 feet (0.28 - 0.56 miles) west of the proposed Activity Envelopes; • A mapped "Winter Concentration Area" for elk is located approximately 1,500 - 3,000 feet (0.28 - 0.56 miles) east of the proposed Activity Envelopes. Included as ATTACHMENT 6 is a wmprehensive wildlife resource report developed for the CDOT Categorical Exclusion given to the project. The report, which also includes an analysis of threatened and endangered species, concludes that the study area contains limited wildlife habitat and that the project is unlikely to have any adverse affects on legally protected or otherwise significant species. The proposed Activity Envelope is located further than to-mile from critical habitat for elk and mule deer. The Pitkin County Open Space and Trails program maintains a policy requiring the leashing of atl dogs on the trail system. This policy will be enforced on this section of trail. CRYSTAL RNFR TRAIL ACTIVITY ENVELOPE & SRE PLAN REVIEW Page 6 PARCf1 ID #2463-154-00-004 & 2463-322-00-005 000007 ELK WILDLIFE MAPPING fir'' ", 1 ~! a ~ I `~ ri ~ ~~~: 1 L.y.~a ww ~rwA~..w rrw ~.rr -w wwao.w. ®rr..+rw mow. ~r.ti.~a~w~ Brwr ~w. ~r.r rasa... ~rr..a.~ ~'~ ®rrrtiur rr.rw r.~r. ~.ra, CRYSTAL RIVER TRAIL ACTiNiI' ENVELOPE & SITE PLAN REWEW Page g PARCEL ID lT2463-15400-004 & 24633224005 000008 -Eaon ;, \.... I f h J I s 2~ - ~O 2y c ' .+ MULE DEER WILDLIFE MAPPING - o+. ~-ws.w.rr Q.~.~...+.~ ~r [.] rr~..~~..~ Q..._ ....~..~.... CRYSTAL RIVER TRAIL ACTIVITY ENVELOPE & SITE PLAN REVIEW PARCEL ID !12463-154-00-004 & 2463322-00-005 Page 7 001 009 70-20-80: River and Stream Corridors and Wetlands The Proposed Activity Envelope is located within the minimum setbacks from "Protected Features" as defined within Section 7-20-80(a)(1) of the Land Use Code. Although most development is prohibited within these setbacks by the Land Use Code, Section 7-20-80(c) of the Code provides an exemption to this prohibition for public trails: (c) Exceptions Bridges, roads, paved and gravel Mails, utility crossings, existing overhead utility lines, irrigation devices, water diversion facilities, culverts, flood control structures, and other stucfures may be Permided in dpadan and wetland butter areas upon a finding that there is no leasib/e affemefive location and that any adverse impacts will be adequatety mitigated as required by subsection (d) below. Due to the definitive boundaries of the Highway right-of-way and County open space in this area, we believe that no other feasible alternative exists to properly place these public trail improvements; crossing the highway with the trail places the trail users in the hazardous presence of oncoming rural highway traffic; the west side of the highway right-of-way in this area contains red rock cliffs that would be impracticable to construct upon; and the river is wide and braided in this area, making crossings of the trail via bridge or viaduct extremely expensive and impactive to the riparian areas. As such, the Open Space and Trails Program commits to adequately mitigating any adverse impacts as required by Subsection 7-20-80(d): (a~ Mitigation SYantiafds Any disturbance of the butter area must be reclaimed by regrading and revegetation in accordance with the Pltkin County Revegetation Guide or as directed by the Pitkin County riparian expert, the U.S. Amry Corys o/Engineers, U.S. Environmental Protection Agency, or Colorado Division o/ Witdli/e, and compliance with such standards she// be included es a condtion of any approval. In addition, the fottowing standards shaa apply: • Development shag incorporate specific measures designed to reduce eresion and prohibit sad/msntafion; no development that will increase steam Sedimentation and suspension loads shag be permffted. • Removal or disturbance of vegetation in dpadan and wetland bolter areas shag be avoided to Me maximum extent precficab/e. • Areas where vegetation in wetland or dpadan buffer areas a disturbed or removed rhea be revegetated as quickly as possM/e, but in no event later Men one Brewing season toBowing conclusion of consbuction activides in the area. • Chennslizatlon of streams is prohlbffeq~ development shall be designed to fit the channel redrer Man afiowing dranges in the channel In ceder b flt Me develpment. • Perennial steam channels shop be bridged whenever possible; when Mrs a not practicable, culverts shah be designed to avoid plugging and prevent washouts. • Development shall not result in Me raising o/wafer temperatures. • No changes fo any steam channel or tts capadfy shall be pemafted, provided, however, Mat bridge abutments may afl'ed Me steam channel if Mey do not substantialty encroach on Me hood channel and campy with oMer budding perrMt conditions. 7-20-12O(d): Standards for Scenic Vlew Protection Areas The proposed trail is located on property that is east of and for the most part below the State Highway 133 roadbed. Topography along the Highway 133 roadbed consists of flat, open agricultural fields bordered by relatively steep hillsides covered with mountain shrubs and low-density residential development. The proposed Activity CRYSTAL RIVER TRAIL ACTMTYENVELOPE & SITE PLAN REVIEW page 9 PARCEL ID x2 46 3-154 0 0 0 04 & 246322-00-005 O O O U Envelope is visible to users of Highway 133. Included as ATTACHMENT 7 are photographs showing typical existing conditions of the project site and graphically enhanced photographs showing the trail as proposed. The Activity Envelope complies with the Scenic View Protection Standards as follows: (1) The proposed development shall utilize existing topography and natural vegetation, such as ridges, hills, and existing trees, to screen buildings to the maximum extent practicable when viewed from those right-of--ways listed. The area where the trail is to be located is for the most part below the grade of the highway and tucked up against the tow of the slope. South of Thomas Road, the trail will follow an existing irrigation ditch and be shielded from the highway by topography and mature cottonwoods along the ditch. The trail has been designed to lay flat with the existing land and will not noticeably project into the viewplane. (2) The proposed development shall avoid the location of structures within the Scenic View Protection Areas, and shat! avoid the location of structures within any Viewplane identified in the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan if possible. If location outside the Scenic View Protection Area and defined Viewplanes is not practicable, then the proposed development shall not be located on the highest ground or most visible portion of any site as viewed from those right-of--ways listed. The proposed structures (i.e. trail) are not located within designated Scenic View Protection Areas or within any Viewplane identified in the State Highway 82 Corridor Master Plan. (3) The proposed development's height and bulk shall be designed to avoid, to the maximum extent practicable, the visibility of buildings from those corridors listed in subsection (b) above. This may include, but shall not be limited to, breaking the mass of the building down into a series of smaller forms, articulation of the building facades to avoid a wall or row effect, and staggering roofiines to avoid a long unbroken plane. No buildings or structures are proposed within the Activity Envelopes. As such, articulation of facades and the staggering of rooflines are not applicable. (4) The proposed structure shall be plated so it does not project above a ridge/ine such that a structure silhouettes against the sky when viewed from those rights-of--ways listed, unless there are no alternate building sites on the lot or parcel. The trail is located at or below the grade of Highway 133 and does not rise significantly above ground level to any practicable extent. As such, these improvements will not project above the ridgeline. (5) The proposed development shall be designed to complement the natural topography of the land through the use of techniques such as earth- sheltered design, the use of natural materials and coloring, the use of low- reflectance materials, or clustering of structures on the least visible portions of 0 CRYSTAL RIVER TRAIL ACTINN ENVELOPE & SRE PLAN REVIEW PARCEL IDx2463-154-00-004 & 2463322-00-005 Page 1 OOOOlI the site. When a building is proposed near a ridgeline, then its form (particularly its roof form) shall replicate, parallel, or complement the natural form of the ridgeline so that it appears to be an element of the natural ridgeline. The development shall utilize natural materials (with the exception of asphalt for a portion of the trail surtace) and coloring and the use of low-reflectance materials. (6) The proposed development shall preserve natural vegetation and avoid development within irrigated meadows, to the maximum extent practicable. Removal of the natural vegetation, other than grasses and groundcover on the site is not anticipated. The trail will avoid, to the greatest extent possible, irrigated meadows along the highway right-of-way. (7) The proposed development shall install utilities in locations and through procedures that minimize visual impac(s to the maximum extent practicable. Utilities are not anticipated or required as a part of the proposed development (8) All satellite dishes in the proposed development shall be located to minimize visibility from those rights-of-way listed in subsection (b), and shall use earth tone colors and/or screening to minimize their visual impact. Satellite dishes are not required for the trail. (9) The proposed development shall not use earth moving and berms as the primary means of compliance with these regulations, but earth moving may be utilized in conjunction with other techniques to comply with standards in this section. Where earth moving techniques are necessary, man-made forms should be undulating and natural in appearance. No berms or earthmoving will be required to comply with the regulations of this section. (10) In the Rural Areas only, development shall be located so that activities and development occur in at least one of the locations specified in subsection 7-20-120(e) as they may apply to the particular property. Please see the response to this section below. (11) EARTH TONE MATERIALS. The exterior of all development, except development located and designed in the form of a ranch compound, shall be built or painted with indigenous earth tone materials or colors. The exterior of a ranch compound should be built or painted with indigenous earth tone materials, or shall be painted or stained using local, traditional ranch colors, which shall include shades of red, brown, or white. Paints or stains that simulate weathered bam wood also shall be permitted. The development shall utilize natural materials (with the exception of asphalt for a portion of the trail surface) and coloring and the use of low-reflectance materials. CRYSTAL RNFR TRAIL ACTIVITY ENVELOPE & SITE PLAN REVIEW Page 11 PARCEL ID 82463-154-0O.OD4 & 2463-322-00-005 o~~Q~~ (12) ROOFS. All roofs shall have anon-reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflection, with the exception of materials associated with solar or photovoltaic equipment. No roof materials shall be used on the trail improvements. (13) REVEGETATION OF DISTURBED AREAS. Lands disturbed by earth moving or berms should be revegetated using native species that are already growing on or near the site. Topsoil shall be stockpiled and placed on disturbed areas. Irrigation shall be provided to the revegetated areas if it is necessary to ensure survival of planted native spedes. All disturbed areas within the Activity Envelope shall be aggressively revegetated with native, neighborhood species upon the completion of construction activities. Whenever possible, topsoil obtained from excavation activities will be retained and reused on site to facilitate and promote revegetation efforts. All revegetation shall be adequately irrigated with existing facilities. (14) DRIVEWAYS AVOID DIVIDING MEADOWS AND PASTURES. To the maximum extent practicable, roads and driveways shall be located to skirt the edge of and avoid dividing meadows and pastures and to avoid major road cuts. Roads and driveways should take advantage of the screening potential of natural topography and existing vegetation. Existing roads and driveways shall be used where practical. To enhance screening, a row of trees may be planted along the roads or driveways. To the maximum extent practicable, roads and driveways located around the edge of or in meadows shall be laid out with soft, curving edges and shall avoid straight line corridors that are incongruous with the natural setting. The proposed trail, which is similar to a driveway, will be placed along the edge of an existing irrigated meadow and will not divide the meadow. The trail will have undulating curvature as it passes by the meadow. 7-20-12O(e): Rural Character Guidelines for Building Location In addition to complying with the standards of subsection (d) above development within the Activity Envelope should be located so that activities and development occur in one or a combination of the following locations as they may apply to the particular property: (1) at the edge of an open meadow or pasture; (2) behind an existing stand of vegetation; (3) behind or built into a change in natural topography; or (4) within a pasture or meadow, clustered in the form of a ranch compound, or adjacent to or integrated into an existing ranch compound. Where guidelines reference distattces from a road, and more than one road borders the property, the guideline applies to the road carrying the greater amount of traffic. The guidelines for placing the development at the edge of an open meadow or pasture (1), and behind an existing stand of vegetation (2) have been utilized with this development proposal. gtYSTAL RIVER TRAIL ACriNTY ENVFJ-OPE & SIrE PLAN RENEW rage i~ O 0 O O pq@CEL 10 #246 3-15 4 0 0-00 4 & 2463-322-00.005 7-20-130: Landscape and Vegetation Protection The purpose of this code regulation is to preserve existing vegetation on development sites to the maximum extent consistent with the permitted development; to ensure that specific types of man made improvements are screened from view in order to preserve the rural character of the County; and to prevent the use of landscaping in ways that would compromise the rural character of the County. The criteria are as follows: (1) PROTECTION OF NATURAL VEGETATION In order to protect the rural character of Pitkin County, natural vegetation should be preserved to the maximum extent practicable, and any installed landscaping shall use the species plant materials naturally occurring on the site or on neighboring properties (except for flower gardens). The natural vegetation within the Activity Envelope consists primarily of field grasses with mountain shrubs. All existing vegetation shall be preserved to the maximum extent possible, and new vegetation proposed for the development will utilize naturally occurring species. (2) CONFORMANCE WITH WILDFIRE REGULATIONS In the event the provisions of this Sec. 7-20-130 conflict with any provisions of Sec. 7-20-60, as those requ/rements may be varied by a wildfire expert approved by the County, the provisions of Sec. 7-20-60 shall govern. All activities required for conformance with wildfire regulations will be followed. (3) BERMS Berms may be incorporated into any required landscaping, bufl`ering, or screening area, provided that the County determines, during the development approval process, that the proposed berms will not cause drainage or erosion problems. No installed berm shall have a slope of greater than four-to one (4:1), nor a height greater than four (4) feet above grade. No berms are can-ently proposed for the development. However, if berms are considered or recommended as a part of the approval process, they will conform to the above stated criteria. (4)LANDSCAPE ENCLOSURES Landscaping shall not be used to mark or enclose the boundary of a parcel, or to privatize an otherwise public viewplane. Use of indigenous shrubs or trees to enclose a portion of the property immediately surrounding a dwelling, barn, and/or accessory buildings (as opposed to the entire property or a large area of the property) are permitted if made to resemble similar windbreaks located near older properties in Rural Areas of the County. No landscape enclosures are proposed for the development. (5)VISIBILITy CLEARANCE All landscaping shall be insta/led and maintained so that it does not interfere with the ability of drivers to see nearby traffic at the intersection of any CRYSTAL RIVFR TRAR ACTINTY ENVELOPE & SITE PLAN REVIEW Page 13 PARCEL ID #246315400-004 & 2463-322-04005 ooO~lMt driveway with a public road, or at the intersection of two public roads. Visibility clearances will not be impacted by the proposed improvements. (6)U77LITY EASEMENTS Whenever the provisions of this Sec. 7-20-130 would require the installation of trees or shrubs over or on utility easements, where branches or roots might interfere with utility lines or pipes, the required location for such trees and shrubs shall be modified to require installation at the closest location that would avoid potential conflicts with utilities and would enable the trees and shrubs to serve the same landscaping purpose. No utility easements encroach upon the proposed Activity Envelope. (7)FINANCIAL SECURITY 7Tfe Community Development Department may require financial security in a form acceptable to the County Attorney to ensure completion of installation of all required landscaping and/or successful establishment of plants. Financial security shall be submitted if required during the development permit approval process. (8)MAINTENANCE All plants shall be maintained continually in a healthy condition in accordance with generally accepted professional horticultural standards and practices. Within areas required to be landscaped with installed plant materials, plants that die or are unhealthy shall be replaced. Landscape areas shall remain free of weeds, litter, junk, rubbish and other nuisances and obstructions. Maintenance of planted vegetation is in the best interests of the developer (Pitkin County Open Space and Trails Program) and will be conducted after planting is complete. Required Wndscaping in Rural Areas: (1)Landscaping is required for the following purposes: (I) to screen satellite dishes and other telecommunications equipment when located within five hundred (500) feet of adjacent public roads and visible from such roads, and (ii) to screen parking areas and service areas when viewed from adjacent 70617-20-805~or/7 20-120nand (iv~o revegetate disturbed areas of Secs. 7-20- (2)Landscape treatments shall cluster shrubs and trees into groupings similar to those naturally occurring on the site or neighboring sites, shall use indigenous species of shrubs and trees, and shall not be installed in regularly spaced lines or rows, unless more specific provisions of Secs. 7-20-70, 7-20-80, or 7-20-120 require a difi`erent treatment. The above stated landscaping criteria for rural areas will be utilized within the landscape plans for the property. The landscape plan will be submitted for approval as a part of earthmoving permit review. dtYSTAL RIVED TRAIL ACTIVITY ENVELOPE & SITE PLAN REVIEW Page 14 O O ~ ~ /~~ ID N2463154-06004 & 2463-322-000[15 Section 7-40-40: Design and Construction Standards The trail has been located, designed and constructed utilizing the standards of the American Association of State Highway and Transportation Organization (AASHTO) and the Pitkin County Trail Standards and Specifications. Section 70-40-50: Completion of Trail Improvement The Pitkin County Open Space and Trails Program commits to completing the trail improvements within eighteen (18) months after issuance of a development permit for construction. SUMMARY Based on the information submitted in this letter, we believe that the proposed Activity Envelope and Site Plan are in compliance with all applicable standards of the Land Use Code. Thank you for considering this request. If you have any questions or requests for additional information, please contact me at 927-4645 or tomn~sooris.net. Sincerely, m Newland, Newland Project Resources, Inc. CRYSTAL RIVER TRAIL ACRNTYENVELOPE & SRE PLAN RENEW Page 15 PARCEL ID 712463-15400-004 & 24fi3-322-00-005 oOl/~~ J ATTACHMENTS ATTACHMENT 1: Pre-application Conference Summary ATTACHMENT 2: Owners Consent to Represent ATTACHMENT 3: Disclosure and Proof of Ownership, List of Adjacent Property Owners ATTACHMENT 4: Address, Legal Description and Vicinity Map ATTACHMENT 5: Pitkin County Community Development Agreement for Payment of Land Use Application Fees ATTACHMENT 6: Wildlife Resource Report ATTACHMENT 7: Photos of Existing Conditions and Graphically Enhanced Photos Showing the Trail Alignment ATTACHMENT 8: Draft Activity Envelope and Site Plan Plat CRYSTAL RIVER TRAIL ACTMTYENVELOPE & SITE PLAN REVIEW PARCEL ID #2463-154-00004 & 24 6 3322-00-0 0 5 Pagc 16 OUO~' 1 ATTACHMENTI Pre-Application Conference Summary Sheet P1TKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY LOCATION: Crystal River, Hwy 133 OWNERS: CDOT PIDH Cold Mtn. Ranch LLLP 2463-154-00-004 Pitkin County 2463-y23-00-005 322 ZONE: varies REPRESENTATIVE: Tom Newland EMAIL and PHONE: tomn(ysooris.net 618-9922 DATE: March 7, 2008 PLANNER: Mike Kraemer, 920.5482 Type of Application: Activity Envelope and Site Plan Review. Description of Project/Devebpment: The Applirrirt is requesting approval of an Activity Envelope and Site Plan to constmd a multi-use along the Hwy 133 corridor. Land Use Code Sections to be addressed in letter of request (aoo6cation): Sec. 2-30-20(g): Activity Envelope Criteria for Approval; Sec. 7-10-50: Activity Envelope; Sec. 7-20-20: Steep and Potentially Unstable Slopes; Sec. 7-20-10: Site Preparation and Grading; Sec. 7-20-30: Water Courses and Drainage; Sec. 7-20-50: Geologic Hazards Sec. 7-20-70: Wildlife Habitat Sec. 7-20-80: River and Stream Corridors and Wetlands; Sec. 7-20-120(d): Standards for Scenic View Protection Areas; Sec. 7-20-120(0): Rural Character Guidelines for Building Location Sec. 7-20-130: Landscaping and vegetation Protection. Sec. 70-40 Design and Constmction Standards Sec. 7-40-50: Completion of Tail Improvement Staff will refer the application to the followwg agencies: Crystal River Caucus, EH/NR and CDOW. Review by: Community Development Director Public Hearing: No. However, the Applicant shall post a public notice sign on the propeRy at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2-20- 100(ax3) of the Land Use Code. In addition, the Applicant shall mail notice (by certified mail) to all adjacect property owners and mineral estate owners with the re[um address of the Community Development Departnent (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community Developmect Departmem. CRYSTAL RIVER iRAll ACRNTYENVELOPE & SITE PLAN REVIEW PARCEL 10 82463-154-00-004 & 2463-322-00-005 Page 17 QQQV~3 FEES: $3,324 (make check payable to "Pitkin County Treasurer") Planning Office flat fee: =2,772 (non-refundable; based on 12 hours of staff time. If staff review time exceeds 14.4 hours, the Applicant will be charged for addifional time above 12 hours at a rate of $231/hour) o EHINR fee (Vllarren)::502 o Public Notice Fee: s50 To apply, submit 4 conies o'~the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24" by 36" Activity Envelope and Site Plan as designated in Section 2.1.1 and 2.1.12 of the Pitkin County Land Use Application Manual; 3. Previous Land Use Approvals (if appbcable); 4. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin Courriy Land Use Application Manual; 5. Proof of ownership of subject property; 6. Parcel descriptioq including legal description and vicinity map; 7. Total fee for review of the application; 8. Signed fee agreement (1 copy); 9. Conserrt from owner(s) to process application and authorizing the represerTtative (I copy) 10. List of all adjacent property owners and mineral estate owners (1 copy) 11. Copies of this pre-app form NOTES: D PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPSES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL ID5 SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. - ALL MAPS SHALL BE F1~LDED. This pre-0pplicatian conference summary is advisory in naNre and not biruling on the County. The information provided in this summary is based on curmnt zaiing standmds and staffs interpretations based upon repres¢ntafions ojthe appGcanL Additiorwl infornwtion may be required upon a complete review oj[he application. (XTISTAL RIVER TRAIL ACTIVITYENVELOPE & SITE PLAN RENEW Page 18 O O O ~AjTr~l. ID #246315400-004 & 2463-32206005 ATTACHMENT2 Consent from the owner of the property for the representative named above to process the application and represent the owner CRYSTAL RIVER TRAIL ACTIVITYQWELOPE & SITE PLAID REVIEW PARCEL ID dt246315400-0Od & 2463-322-00-005 Page 19 OOOU~~ Consent from the owner of the properly for the repieea~due reined above to pn~oass the application and represent the owner COLDMOUNTAINRANCH, LLLP X239 HIGHFi~AY133 CARBONDALE, CO 81623 February 6, 2008 Mr. Michael Kraemer, Planner Community Development Department 130 South Galena Street Aspen, CO 8161 I RE: PF.RMI.cciO.NTi~REPREBSENT Dear Michael; Please consider this letter ss authorization for Tom Newland of Newland Project Resources, Inc. to represent us is the processing of the application of Pitkin Courty Open Space and Trails to place a muh9-use trail partially on our property along the State Highway Right of Way, over a distance of approximately 775' adjacent the state right of way betvveca 131+25 and 135+$0 and between 138+75 and 142+25 as represented on the trail plans for as Activity Favelope and Site Plan Review. Our property is located on State Highway 133 near "[ltompsoa Creek (State Parcel ID# 2643-154-00-004). We have entered Into a relatied caniraci to convey a trail easemert to the Cotmty in the aforementioned locaUians prior to acdrat oonsWetion of the trail. Ivlr. Newland is hereby authorized to act on our behalf with respect to sll masers reasonably pertaining to the aforememioned application Should you have any questions, or if we can be of any assistance, please do not hesitate to contact me. Sincerely, Cola Mountain Ranch, LLI.P 000021 530 E Main Sweet ~ Asyen, Colorado 81611- March 11, 2008 Mr. Michael Kraemer Pitkin County Community Development 130 South Galena Stt~'et Aspen, Colorado 81611 Dear Mr.,Kraemer: Pitkin County, as owner of the Property known as the "Thompson Creek Open Space" (PID#246322300005), hereby authorizes Ne~uvland Project Resburces, Inc. to represent Pitkiri Coumy for an Activity Envelope and Site Pian Application for the Crystal Trail. as it pertaigs to the Thompson Creek Open Spaoe. Si rely: `J Jac~d~r~' " ' hatrrnan Pitkin County Board of County Commissioners ndnYnlsaaaon counq conaMsswners SuBx 701 Sete ]01 (97~ 9205200 (970) 920.5200 fa 9265198 foc 9205198 000022 ceenry y r~ aea u:a rax Sides 301 Sate 201 ~19]ASI90 (970)9265720 6a 920-9198 Sot 9205110 ATTACHMENT2 Consent from the owner of the property for the representative named above to process the application and represent the owner OT .~ ~~ T OF TRANSPORTATION Program Area East -Region 3 202 Centennial Street Glenwood Springs, Colorado 81601 970.945.7629 Fax 970.945.3860 April 2nd, 2008 Mr. Michael Kraemer, Planner Community Development Department 130 South Galena Street Aspen, CO 81611 RE: PERMISSION TO REPRESENT Dear Michael; Please consider this letter as authorization for Pitkin County, through its consultant, Tom Newland of Newland Project Resources, Inc. to apply for an Activity Envelope and Site Plan Review regazding a public trail on CDOT right-of--way known as State Highway 133. Pitkin County has received preliminary approval for a trail on the highway right-of--way and is currently in the process of obtaining a Bike Trail License to place the improvements. Should you have any questions, or if we can be of any assistance, please do not hesitate to contact me. Sincerely, ti"~-- . J ~, Elsen, Program Engineer XC: Nall, Woodmansee, Mertes Newland Project Resources 000023 ATTACHMENT3 DisGosure and Proof of Ownership of the Property Complying with Subsec. rr70-020(D) and List of Adjacent Property and Mineral Rights Owners CRYSTAL RIVER TRAIL ACIINTYENVFIOPE & SITE PLAN RLl7EW Page 20 PARCEL /D 82463-154-00-004 & 2463322-00-005 0000? I~~~~~~ e~i~is?eac3 ez:a4 ti3LV[A ORVIS PITKIN CCIr4rr W a a.aa D O.ae SPECIAL, WARRANTY DEED (crystd vanes Ranch Property, Pitl~t coanrty, co) (11ee Consevatiot 1•lmdlSble Conservation -County) (West Patcelca~risad oflrarcels A a~ C) THiS SPECIAL WARRANTSC DEED, is granted dris,~day ofJuly, 2005, by Tl3E CONSERVATION FUND, a Marylad inn-pofit corpocalioq the address ofwhid- is 1800 North Kept Street, SuRe 1120, Arl~gton, Virginia 22209, Attention: Cxmal Counsel ®d 3USTAINABLE CONSERVATION, LNG, a Ivl:yhrd inn-profit wgwcation the address ofwhidt is 1800 North Kent Street, Sine t 120, ArfogOoq Virginia 22209, Amardion: Clorraal Colmsel; as the aderrsfs of eedr appmrs (coIIoctively the "Gruetoa'~ m oxr~rlge £or the release Pram debt owed to Graooce and other good and vaWable eor~deratioq the sufficiency and receQt ofwhich is hereby ackrowledged, which hereby sells and conveys to the BOARD OF COUNTY COMMISSIONERS OF P[1'ICIN COUNTY, COLORADO, a body corporate and poetic, whose address is 530 E. Main Street, Aspen, CO 81611 ("Gaaatee"), and to its sirs and asaigoa 6reva, fhe lblbwiog dsxribed I~Pa'h'(~ ~~~~> See Exhthit "A". attaclrcd hereto and incorporated by reference. with all of ifs appurtprances (EXCEPT water rights which are being quitclaimed to the Grantee by separate deed raorded immediately a@er this deed). erd wamante the titb against all person cle~g under Grimtor, subject to tl,e funowirrg: (1) taxes not yet due and Payable (taxes Eor zoos shell bo prorated to the date of cbsmp,); (2) a~ shortages in area, eacroachaatxtts, the fact that fences mayor may not be on the boundaries, and any facts which a correct survey and inspection of the lard would diacloae•, (3) unpatentcd mining clam reservations or exceptions in patmm or in Acts authorizing the issuance thereof; (4) matters ofrecord and the effect, if any, of rho Civil Action No. 99CV2908 District Court for Garfield County, entitled Town of Carbondale v. Atdre Uhych and Jyoti Uhych The warranties contained lrorein nude by The Conservation Ftirnd, a Merylaod nonprofit corporation pertain only ere to that portion of the Property which is corrtairud within the boundaries of Parcels 9 end 11 ere dean'bed in the deed recorder November 1, 2000 as Reception No. 448470, as the desaiptions of such 1?arceas 9 and 11 are modified by the deals recorded on August 31, 2004 es Reception Non. 501363, 501364 and 501365 {the "Modified Parcels 9 and 11 Boundary', and only to the extort that the Property ~ whhm the `Rdodified Paer~s 9 and l l Boundary. The warranties contained herein made by 3ustainablc Conservation, hn:., a Maryland nonprofit wrporation pertain Qtly to that portion of the Property which is eontained within the boundaries of Percale 8 and l0 a, dearxibod m the deed recorded November 1, 2000 as Reception No. 448469, as the descriptions of such Parcels 8 and 10 are modified by rho deeds recorded on ADguet 31, 2004 as Reception Nos. 501363, 507364 and 501365 (the "Modified Parcels 8 and 10 Boundary", and only to the extern that the Property is within the "Modified Parcels 8 and 10 SounRlay- a~~welssror 1 BST[]ZLTt Tl]r mesas fPI77i117 COUPfIY OPP.I~ 8PAlCE DALE SILL 0000?5 sa i IN WITNESS WHEREOF, this in~nnerd is exoartal on the date written above. GRANTOR THE CON ON FIND, a mn-pro5t oratbn Utl~ ~Z-i~CL~E. r/,y~ The ~ro8~8 iashwrxrrt was aclmowledgod before me this ~ day ofJuly, 2005, by ~~~ L- '~rdwrian as~~~~ve UtcP.A9Lib~fTheConservationFand,alVtarylaut rortPtofit Coriwratioa l.l~nta~onweai.-h OF V~ i i ) )~ COUNCYOF ~(` ~1t~~~ ) WITNESS my hand and otTrciel seal expires: 3l rdyn A. N~eds.,gk. NWtaY/Dl MAASOS OOOOz6 ~t~ I~~III~ 0PT91Y/D 02:34 ) ~. t'OUNfYOF ~l ' ~) (~ The ~~ aclugw before noe this ~dayofJuly; 2005, by '~1~G~'Y~.~ ~• ~ttlAwen as~TPSia~n-Y ofSuslau~abkConaavation,Inc.,a Maryland mn-pro6d Coipoxation W17NHSS my hand aad official seal expiros: ~~©S o (6,oty,,. A. Raaermr~naav~cswo a moms N~~~~ OUOU27 I~~~~~ 5~2iz.ea re:aa sr~vra oavrs vrltctN aoi.Mrv w a a.ea o s.a DESCRIPTION OF PROPERTY Parcel A as described on the Valley Ranch Subdivision Exemption Plat, recorded on Iuly ~, 2005, as Reception No.1~?'f of the records of the Pitkin County, Colorado Clerk and Recorder. AND Parcel C as described on the C~. V~a~ll Reach Subdivision Pxemption Plat, recorded on Jtily ~, 2005, as Reception Pro. of the records of the Pitkin County, Colorado Clerk and Recorder. a~111cfluhyd~YANd41~CauMY Wm8WD3 07N7NS 000'28 388941 01/08/96 10:37q RG 1 OF ~ REC DOC NOT SILVIq DgVIS GITN,IN COUNTY CLERK & RECORDER 11.00 0.00 SPECIAL WARRANTY DEED WILLIAM E. L. FALES AND MARJORIE M. PERRY, Grantors, for consideration of Ten Dollazs and other good and valuable consideration, in hand paid, hereby sell and convey to the COLD MOUNTAIlV RANCH LLLP, Grantee, whose legal address is Cold Mountain Ranch, 4239 Hwy. 133, Cazbondale, Colorado 81623, the following real property in the County of Pitkin and State of Colorado, to wit: That real property described on Exhibit "A" attached hereto and incorporated herein by this reference; with all its appurtenances, and warrant the title to the same against all persons clahning under the Grantors. NO DOCUMENTARY FEE REQUIRED: Transfer for estate planning purposes with consideration less than $500.00. SIGNED this ~ `J, day of December, 1995. STATE OF COLORADO ) ss COUNTY OF GARFIELD ) ~/~/~. SJ ~,~ William E. L. Fales Marjo~f~ M. Perry ~, The foregoing instrument was acknowledged before me this 1 °r day of December, ~19~9~5, try Wiliam E. L. Fales and Marjorie M. Perry. rP~...~...' fi '~:.' ~4e ,~'~~ ~VJIT.NESS my hand and official seal. ;~o~ : ~X cohunission expires: i - a ~ 9 i' (,T' -I `'';;~t,1~. ~ ' ~' ") <<_ Le4` _ _ 11 J « -~ .~' .. .~~`,~ ~ Notary Public . /r~fi A ^~~- O O U~ 2 J«,r.,t...wo, 388941 N1/08/96 10:37A F'G '~ OF 2 That real property located to Sections 15 and 22, Towoahip S South, Range 88 Nsat of the 6th P.K. is Pitkin Counq, Colorado, eoam,only knave as the Deaandre Reach containing 160 acres, sore or lass, iad more particularly described ae foLlovs (vithont eoveaants of carroty u to acreage): Lots 7, 8, 12 sad 13 !a Section 15 i. 8 S., B. 88 N, of the 6th P.K., except a tract of land oat of Lot 12, contalaiag 6 ecru, morn or leas, ae described in the deeumant ncordad is book 119 at Paga 377 in the records of said Pitkia Cowty. Also the follaving deecribad tract of lead: Baginniag at the'Aorthvest Corner of Lot 16 is Seetioa IS, T. 8 S.. R. 88 N, of the 6th P.K.; chance South 80 rods along the Nast lira of acid Lot 16 to a point where she cantor of the bad of Crystal R1Qar er Sock Crank lateraatb the said Naet line of Lot 16; thence to a NorFherly diractien follo:dng the center of the bed of Crystal River or Rock Crank to a point wham the canter of the bad of said Cryatei.Rlver intersacts'tha North•lina of sold Lot 16; thence Nast along the North lies of said Lot 16 to the place of beginning; said tract being that part of Lot 16 lying Nast of the Crystal Rlvar or Rock Creak and containing 6 setae, moi~.or lass. Aiso,'parte of Lote 1, 2 sad 3 in Section 22, T. 8 8., R. 88 N. of the 6th P.H., deecribad as •fohovs: Bagfaniag at the Northrest Grnar of Lot 2, said Section 22, which corset 1• alo eha Quarter Gtaar between Sactioae IS sad 22, said Tovmhip and Range; sad ttianing theses Boaeh a dlsttnea of 1180 feet along the Nut lino of said Lot 2 to a point theta the acid Naat line of Lot 2 intarsaets the caster lies of the Cryssal River; chance in a Northeasterly direction along the Gntar Ilea of raid River, indnccting the lies cooon to the Bast boundary of Lot 2.aad the Not boundary of Lac 3, snd fntereacting the line ceamoa to tM North boundary of Lat 3 and the South boundary of Lot 1, to a point share We tail canter lino of the Crystal River iaterseeu the North bowdary of said Bastion 22, rhlc6 L also the North boundary of Lots 1 and 2; thence Neat along the North boundary of Lots 1 and 2 to the place of Mgiaoing; the above deecribad land lying os the Nast aide of iha,Cryatal Bivar. TOCETBER NITH AND QDIT CLAINIIiG, rithoat tovaaaatf of warranty, all water and valet rights sad ditch and ditch rights appurtenant eo the above described real property including, bnt not limltad to. Fellers' rights is the Nelae Ditch bsiag Ditch No. 146A for 2.99 e.f.s of star rich priority nmber 213A and for 3.17 e.f.s.. of weer rith priority comber 420 ae decreed in the District Gnrt'oi Garfield Comty. Glorado !a former Natar District No. 38; Sellars' rights is Dasandn Naha Nom. 1 and 2 o decreed on February 23, 1973, Sa cue m:mbers N-983 sad N-984 is the District Court in and for Nater Division No. S; snd Sahara' rater sad dite6 rights is eha Pioneer Ditch, aomatiws known u eha T6ompsoa Creak Mteh. being 2.35 c.f.s of vaear under priority mmbar 3Z and .71 o.f.a o! rater ender priority number 334 o dacrod in eon a®bar 2682 to the District Court of Pitkia County, Colorado. Any portlon of the above described property lying oatslde of say boundary line fence is hereby eoweyed rithont rasroq; provided that Crantorc hereby gait claim and covey to Craatao, sithoat sarraaty, any and all interest which Grantors may have in say real property adjacent to the above deecribad property ariaiag from of by ultras of a possosory interest - ehe~in.'-" AND TOGETHER KITH all ditch, aceua and other aoamanta appurteaaat to the above described real property, , ~~~U30 EXHIBIT "A" ADMINISTRATIVE DETERMINATION OF THE COMMUNITY DEVELOPMENT DDZECTOR APPROVING THE FALES/PERRY SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT Determination No/fJ~-'L006 RECITALS A. Bill Fales and Bob Perry (hereafter, "Applicants") have applied to the Community Development Director of Pitkin County, Colorado for a Subdivision Exemption for a Lot Line Adjustment. The Fales parcel will increase in size by approximately 29 acres and the Perry parcel will decrease in size by 29 acres. B. The parcels are zoned RS-30 PUD. BiU Fales (Cold Mountain Ranch LLLP) is located at 4239 Hwy 133. PID#: 2463-152-00-001. Bob Perry, (Deny Sopris Mountain Ranch Partnership Ltd.) is adjacent to the Fales parcel (west). PID#: 2463-161-00-001. C. The Director fmds that the proposed Lot Line Adjustment complies with applicable standards of the Land Use Code found at Subsection 2-30-20(8)(4). THE DIRECTOR DOES HEREBY APPROVE the Fales/Peny request for a Subdivision Exemption for a Lot Line Adjustment, subject to the following conditions: 1. Applicants shall adhere to all material representations made in the application. 2. Prior to submission of any future Building Permit applications, Applicants shall prepare, and submit to Community Development for review and recordation, a lot line adjustment plat for the two properties consistent with the requirements of the Land Use Application Manual. In addition, the submitted plat should incorporate the following changes: A. The terms "existing fnceline" and "centerline existing road" shall be replaced with "old lot line" and "new lot Une". 3. Failure to comply with the conditions of this approval may result in revocafion of this approval, or any subsequent permit(s) or approval(s) related to either or both of the properties, or vested rights associated with either or both of the properties. APPROVED: Cindy Houben ~ Community Develo ent Director Date: _ ~/.f.~ . (~~ , 2006 PID#2463-152-00.401 and IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIa 6aO6e eeez:en 2463-161-00-001 ~~U~31 ~ ~. 1 y' L7 ~ r ~ 0 ~. t ~ O . Q C iT, " <: j ~. Z i III Vi {.. .~ ~.. .• ~, ;~ ti, ti ~I ~~ J {.~~ ~' i. bOj k i S` o ~~' ~ ~) `i ` l ~i g 'i• i. I ~ti ,' _ / t, I 9~'' iF 9~ =o i S p,A! ¢TY 0 i~J ~~~~3 ! ~ 't- ~5 x ~~ a r ut 1 ~t ~` J,.. ~ ~ 7 l N.J.' t~ l_ _ ~ E f. ~l;JJ I ~ _ y_ T, a•4) A 1A AJ Y1 ~' Y ~ Z~4~~ ~' ~ ~~ S I 1~ t all ^I ~~ ( ~~"; f t~l' V R 1` d~ y N ,` ry ~v I J ~ ~ ~ ~ ~ ' ~~ 5 U 1 ) y ~~t~fi;: ~ ~ =~-r ~ rK ~ I . l I III. ^~ ~ `~ ~1' ;: ~ , ~ ~ ~,--- ~i ~~'~ : ~ -~ ~~ j: r : ~. u" Hy. ~ •tk ~ ~ 1 `f ~t '' [[[[ ~ M ~ . ~~ ~ ~ ~ ~- ry 9 ~ r \Y(. Y~F ~:' tV1 ~ ~a ~j~~ A'\ I h~. .~. Ei ~ I: ¢ .t S't S M ~ .,v a y~ .~ • p, # ti F ' ~ e l S'r E V pP ~ l ~M ~ ~F ` 9 r~! f =6 C p 1I d ~ O a !A =t h E,` t ~ . ~ ~ a t ~ .'. r F L . .. •. r i. ~ \ b Jn i z~ S .' ~"' + r •! ~N.'" ICY 1E ~ =st e t6 h " ,E a ~..Ye~~.a ~. =. Ftte~ E A'r i z ;6 R ' x~ e a is :."'Ii~' y f d F. ty 6 ^E. ti ~ { ~f~t~a k 1 u %_. .A~.x~ a c ~ ai E Pkv=~~(4 L f t eE +rk} E:~ d Xc et~,gt F~~~=d= t, 6 t r ~• z°P.~e_~eiE b~FF€ R e A'.. • t}k ~~ ; t g ii =E4 a e~ C ,~°. e' d $ i ' j` y. ~f jF . i i .r .. .., ` - t. i't i?! ''j c ;tt i;,F [' ? .rt &t 5 R ~ i~p~ pp ~y> i S n ~dE is F YF3j3a 3 F f of fF'i ~ .,,., t. a ..r., .; e f• F Fg~ ~ R xR c fi R~ t L i 6 k ~ a k a 4 l \ R\ \~v .r+ e k E sru cic tc k k~..=: °5 ~1 ~..= ~.f tilti i 4. r~ VJ 5 4 4 IC~Y?? Cu s: '{. n a i~ 2. `F r t 4 e,l ~F F` qtr. [ ': tttf~E r .tE; ~i List of Adjacent Property and Mineral Rights Owners Cold Mourrtain ranch, LLLP 4239 Highway 133 Carbondale, CO 81623 Flying Dog Ranch West, Inc. c/o Richard MclMyre 1825 CR 111 Carbondale, CO 81623 Patriaa Joyce Teague 0687 N. Thomas Road Carbondale, CO 81823 Judie A. Malievsky 513 N. Thomas Road Carbondale, CO 81623 Ben and Mary Dorman 437 N. Thomas Road Carbondale, CO 81823 David and Linda Chambers 0353 N. Thomas Road Carbondale, CO 81823 Iris Jones 0171 N. Thomas Road Carbondale, CO 81823 Michael Jones P.O. Box 7966 Aspen, CO 81612 Phillip Henke Trust 0275 Thomas Road Carborxiale, CO 81623 Linda Reser P.O. Box 1306 Carbondale, CO 81623 Mary Harutun Trustee 0589 Thomas Road Carbondale, CO 81823 Meadowood Apartments, LLLP 12744 Highway 82 Carbondale, CO 81623 Ranch Lake IV, LLC r/o Otten Johnson 420 East Main St., #210 AtN: J B Johnson Aspen, CO 81611 Cameron and Kelly Stairrton 6316 Hghway 133 Carbondale, CO 81623 Mark & Richard Bunchman 8315 Highway 133 Carbondale, CO 81823 Sustainable Settings, Inc. 6107 Highway 133 Carbondale, CO 81823 Bovino Family Trust, LLC P.O. Box 4395 Aspen, CO 81612 CRYSTAL RIVER TRAIL ACTINTY ENVELOPE & SITE PLAN RENEW PARCEL ID N2463-154-0D004 & 2463-322-00.005 Page 21 000033 ATTACHMENT4 Street address and parcel description, inducting legal description, and 8-1/2"x 11° vidnity map locating the subject property within Pitkin County ADDRESS Parcel I: Cold Mountain Ranch (SPID #2463-154-00-004): 4239 Highway 133 Parcel II: Mout Ranch, Pitkin County (SPID #2463-322-00-005): Highway 133 LEGAL DESCRIPTION Parcel 1: Cold Mountain Ranch, (SPID #2463-154-00-004): Parcel A as described on the Crystal Valley Ranch Subdivision Exemption Plat, recorded on July 12, 2005, as Reception No. 512274 of the records of the Pitkin County, Colorado Clerk and Recorder. AND Parcel C as described on the Crystal Valley Ranch Subdivision Exemption Plat, recorded on July 12, 2005, as Reception No. 512274 of the records of the Pitkin County, Colorado Clerk and Recorder. Parcel II: Mout Ranch, Pitkin County (SPID #2463-322-00-005): That real property located in Sections 15 and 22, Township 8 South, Range 88 West of the 6th P.M. in Pitkin County, Colorado, commonly known as the . Desandre Ranch containing 160 acres, more or less, and more particularly described as follows (without covenants of warranty as to acreage): Lots 7, 8, 12 and 13 in Section 15 T. 8 S., R. 88 W, of the 6th P.M., except a trail of land out of Lot 12, containing 6 acres, more or less, as described in the document recorded in Book 119 at Page 377 in the records of said Pitkin County. Also the following described trail of land: Beginning at the Northwest Comer of Lot 16 in Section 15, T. 8 S., R. t38 W. of the 6th P.M.; thence South 80 rods along the West line of said Lot 16 to a point where the center of the bed of Crystal River or Rack Creek intersects Cte said west line of Lot 16; therrce h a NorCtedy direction foNowitg the cerrter of the bed of Crystal River or Rods Greek to a poirrt where the center of the bed of said Crystal. River irrterseds-the North line of said Lot 16; therroe West abng the North line of said Lot 16 to the place of beginning; said trail being that part of Lot 16 lying West of the Crystal River or Rods Creek and containing 6 acres, more or less. Also, parts of Lots 1, 2 and 3 kt Section 22, T. 8 S., R. 88 W. of the 6th P.M., described as follows: Beginning at the Northwest Comer of Lot 2, said Section 22. which comer is also fhe Quarter Comer between Sections 15 and 22, said Township and Range; and nxrrting thence South a distance of 1180 feet akxig the West line of said Lot 2 to a point where the said West line of Lot 2 intersects the canter line of the Crystal River, thence in a Northeasterly direction akxtg the Center line of said River, intersecting the time common to the East boundary of Lot 2. and the West txwndary of Lot 3, and urlersedirtg the line common tb the North bourxiary of Lot 3 and the South boundary of Lot 1, to a point where the said canter line of the Crystal River intersects the North boundary of said Section 22, which is also the North boundary of Lots 1 and 2; thence Nest along the North boundary of Lots 1 and 2 to the place of beginning; the above described land lying on the West side of the Crystal River. CRYSTAL RfVFR TRAIL ACTIVITYENVELOPE & SRE PLAN RENEW page 22 PARCEL ID #2463-154-06004 & 24 633 22-00-00 5 00003 -VICINITY MAP - ;, bra - ;- ~ x C ~~~ x (p ,' ~x,r, 1 9 .\ ~, ~~. .. ~ 4 y 3 ~~ - t ~ _ ~~ ~ ' ~f ?~ ^ ail`.. (~ , .. -,. r .. i ~ ~~. ,.., x 1-.. _...a _ .~.~ . ~ T ;~, `aS I ,,~ , ., ) , ~ % _~ , Are., ,. ~ __ ~ ,~ r . ~ Sit '+ ~ i .= a ... 1 } P ` ' fi,I ~ ,^c/ {T'~ x` lij air ~ ~ ~ - ^r /~ A :(, x,'1,7 ; _ !1 f 1 ,` i .~ i ~... f .. \ Y / ~1 v ) Nry `~`^ .7~s _ ~ . ~ ~ ~ ~ ap _ ~ -:~ v 1 1 w `rT .a'++r x ~.- '-. ~ r ~ - ~ w ~ ~t ~ acne iaemo „#2 "~• l ~~~ ~ qq r t /pat~ L o xvm." mro _~-_mm vuros 1Sf `'x T' ?,[~ a x a w~or<reu (.aaYMll(Llt®fl YenleeR tre_ CRYSTAL RIVER TRAIL ACTMTYENVELOPE & SITE PLAN REVIEW Page 23 PARCEL ID #2463-154-0004 & 2463-322-06005 000035 ATTACHMENTS Executed Pitkin County Community Development Aa Pment for Payment of Land Use Application Fees form PITION COUNTY COMMUNTI'Y DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to COUNTY an appliption for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitldn County Ordinance No. 011-2005 establishes a foe stntdure for land use applications and the payment of all processing fees is a condition precedent to a ddernurlation of application completeness. The fee stmdure is based on the County's policy that development shall pay, in fiill, the cos[ of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agrce that because of the size, aabme or scope of the proposed project, it may not be possible at the time of application to ascertain the full extend of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an appligtion includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless currerr[ billings are paid in full prior to decision 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to tolled full fees prior to a dderminatioa of application completeness, APPLICANT shall pay a base fee in the amount of S 1,344.00 which is based on 6 hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such acenred ousts shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT ignature Tom Newland Cindy Houbeu, Community Development Director March 31, 20118 Representing Pitkin County open Spece and Trails program 530 East Main Street Aspen, CO 81611 CRYSTAL RIVER TRAIL ACRVITY ENVELOPE & SITE PLAN REVIEW Page 24 PAR(~L ID #2463-15400004 & 2463-322-00-005 000036 ATTACHMENT6 Wildlife Resource Report CRYSTAL RIVE77 TRAIL ACTIVITY ENVELOPE & SITE PLAN REVIEW Page 25 PARCEL ID 52463-15400-0Oq & 2463-322-0o-005 000037 UUUUJ~ Wildlife Resources Report Including Threatened and Endangered Species Categorical Exclusion: Crystal Trail - Meadowood Drive to Seven Oaks Road Garfield and Pitkin Counties, Colorado Prepared fora Newland Project Resources, Inc. 417 Original Road Basalt, CO 81621 Prepared by: COLORADO WILDLIFE SCIENCE. LLC Ecdogital Research. Management. 8 ConsuRing 0100 Elk Run Drive, Suite 128A Basalt, Colorado 81621 April 24, 2007 ~~~0?~ CCILCNUDO WILDLIFE SCIENCE, LLC Orafl April 24 2007 TABLE OF CONTENTS ACRONYMS AND ABBREVIATIONS ....................................................................... .... iv PROJECT DESCRIPTION ......................................................................................... .....1 METHODS ...................................................................................... 3 ........................... ..... RESULTS .................................................................................................................. .....4 Vegetation /Current Conditions .............................................................................. ..... 4 THREATENED, ENDANGERED, CANDIDATE, AND PROPOSED SPECIES ......... .....4 Bald eagle ............................................................................................................ . 6 Background ........................................................................................................ ... . 6 Effects of Proposed Action .................................................................................. .... .... 7 North American river otter ..................................................................................... . .... 7 Background ......................................................................................................... . ..... 7 Habitat Requirements2 ...................................................................................... 7 . Effects of Proposed Action ................................................................................... ..... .... 8 OTHER SIGNIFICANT WILDLIFE .................................................................... 8 .......... .... Ungulates .............................................................................................................. .... 8 Mule Deer (Odocoileus hemionus) ....................................................................... . . 8 Rocky Mountain Bighorn Sheep (Ovis canadensis) ............................................ . . .... 8 Rocky Mountain Elk (Cervus elaphus nelsoni) ................................................... .... 8 Black Bears ............................................................................................................. 9 Raptors .................................................................................................................... .... .... 9 CONCLUSIONS & EFFECT DETERMINATION ................................... 9 ..................... .... LITERATURE CITED .................................................................................................. ..10 APPENDICES ............................................... 1 .............................................................. 03 WNUIlfe Resources Report Cateyorkal Exc/union: Crysbl Trail - Meadosrood OrJVe to Seven Oaks Rwtl ii OOO'~ O CotOIUDO WILDLIFE SCIENCE, LLC Drnft April 24, 2007 Appendix A: Maps Map 1. Aerial view of proposed trail corridor ............... ............................................ 14 Map 2. CDOW mapped bald eagle habitat ....... ................ ....................................... 15 Map 3. CDOW mapped mule deer seasonal habitat ......... .......................................... 16 Map 4. CDOW mapped Rocky Mountain elk seasonal habitat ...................................... 17 Appendix B: Photographs Photo 1. Crystal River riparian habitat at highway bridge just south of the Crystal River fish hatchery ................................................................................................... 19 Photo 2. Irrigated hayfields along proposed trail alignment .......................................... 19 Photo 3. Winter roost trees west of SH-133 at Bull Pasture Park in south Carbondale 20 Photo 4. Bald eagle closure area at Bull Pasture Park .................................................. 20 Photo 5. Bald eagle roost site at Crystal Valley Ranch Open Space and Thompson Creek confluence Thompson Creek east of SH-133 above Crystal River confluence ................................................................................................... 21 Photo 6. Thompson Creek east of SH-133 above Crystal River confluence ................. 21 N71tlg/e Resources Report 111 Categorical E'selualon: Crystal Trail - Meadowood Drive b Seven Oaks Road , 000041 COEORADO WILDLIFE SCIENCE. LLC Orajt Apri121, 2007 ACRONYMS AND ABBREVIATIONS AMSL Above Mean Sea Level BCR Baseline Conditions Report CDOT Colorado Department of Transportation CDOW Colorado Division of Wildlife CNHP Colorado Natural Heritage Program CWS Colorado Wildlife Science, LLC DAU Data Analysis Unit ESA Endangered Species Act FHWA Federal Highway Administration NDIS Natural Diversity Information Source ROW Right-Of--Way SOW Scope of Work SH-l33 State Highway ]33 USFWS United States Fish and Wildlife Service WIICIIh Resources Report Cafegorlca/ Ercluslon: Crystal Trell - Meadowood Drive M Seven Oaks RoaO ~ 000042 COLORADO WILDLIFE SCIENCE, LLC Orafl ApOl 11, 2007 Wildlife Baseline Conditions Report Including Threatened and Endangered Species Crystal Trail -Highway 133 to Seven Oaks Road INTRODUCTION This report evaluates the wildlife and wildlife habitat surrounding the proposed Crystal Trail along State Highway 133 (SH-133) from Meadowood Drive in Carbondale, Colorado to Seven Oaks Road in unincorporated Pitkin County. A Colorado Wildlife Science, LLC (CWS) wildlife biologist conducted a site reconnaissance of the project area on foot and reviewed available local ecological data and literature. This report includes a description and evaluation of wildlife resources known or suspected to occur within the trail corridor and provides all of the information necessary to qualify the project for Categorical Exclusion status. Information contained herein is based on habitat mapping by the Natural Diversity Information System (NDIS) of the Colorado Division of Wildlife (CDOW), Colorado Natural Heritage Program (CNHP) data, current literature, and field observation by CWS. This report addresses threatened, endangered, and special status (TES) species as well as economically and culturally important wildlife. Species that are addressed in this report include the following: (1) Species federally listed as threatened or endangered and those that are proposed or are candidates for listing in accordance with the Endangered Species Act (ESA) of 1973 (16 USC §§1531-1544 as amended); (2) Species listed by CDOW as threatened, endangered, or as Species of Concern under the Wildlife Commission Regulations, Chapter 10; and (3) Species included on sensitive species lists developed by Region 2 of the US Forest Service (USFS) or by the Bureau of Land Management (BLM). PROJECT DESCRIPTION The proposed trail corridor is embedded within a landscape that transitions from an semi-urban to arural-agricultural landscape. Ownership of the area outside of the SH-133 right-of--way (ROW) is private land except for the Crystal River State Fish Hatchery owned by the State of Colorado. The study area is within the Southern Rocky Mountain Steppe-Open Woodland- Coniferous Forest-Alpine Meadow Province (Atwood 1940; Bailey et al. 1976; Omemik 1987; Bailey 1995; Bailey et al. 1998) and ranges in elevation from approximately 6,200 feet above mean sea level (AMSL) to 6,371 feet AMSL. Vegetation along the proposed trail alignment consists almost entirely of bare ground or non-native ggrass hayfields and pastures. S•3 The proposed trail alignment begins in the To n of Carbondale in Garfield County, continues into unincorporated Garfield County, and a sin unincorporated Pitkin County. The finished trail will be located within approximately miles of the east side of the SH-133 right-of--way terminating at Seven Oaks Road (Map I). The intent of the project is to create a fourteen foot (i.e., ten foot wide asphalt plus four foot wide compacted crusher fines) trail beginning at the terminus of the existing paved trail at the SH-133/Meadowood Road intersection and ending at [he Seven Oaks Road below the confluence of Potato Bill Creek and the Crystal River. The proposed trail alignment does not pass through any federal lands. The trail will run north and south between the driving surface of SH-133 and the eastern boundary of the highway ROW. It would take advantage of the generally Flat and broad right-of- YYNWIh Rssourcas Report ~. O (Og>lyyq![al~reluaion: Crysfel Trail -Meadowood Dnve ro Sevan Oaks Roetl COLORADO UVIIDLIFE SCIENCE. LLC Orajt April 21 2007 way which is relatively tree of significant ecological constraints and buried utilities. There are some areas of the alignment where steep side grades and wet areas require the trail alignment to come close to the driving surface. These areas would be adequately protected with safety structures to insure proper protection for trail and road users. Earthwork will be minimal except for the existing steep side-slopes that would require a cut and fill with some retaining walls to support the trail platform. A Stormwater Management Plan will be prepared and incorporated into the Final Construction Plan to insure that erosion and material migration remains within the project limits. \-~A ,,,. ~ I l-~ ~X/N"~'~ G~ ~f'lb.- St/th Oc.~i ~~rA °rf`i~t.1~s~Q.Ls. The complet project will provide a safe, eparate non-motorized route for residents ewd visitors t. ner4e~N+~YyI to travel the Town of Carbondale ' s. Currently, ~ cyclists and pedestrians travel on the precarious SH-133 shoulder. The trail will be open to both pedestrians and cyclists but motorized vehicles will be blocked from entry by bollards. Utility and emergency access will be allowed and utility access will be permitted as necessary although most facilities (e.g., phone boxes, overhead poles) are easily accessed from the SH-133 shoulder. Best Management Practices (BMP) and standard construction practices that would be implemented to minimize biological impacts before or during construction activities are listed below: Providing vegetated buffer zones between project areas and streams or wetlands; Proper use of silt fences and/or erosion and sediment control devices to control sedimentation induced changes to stream substrate structure; Revegetating areas as soon as possible after completion of grading; Placing any bridge supports outside of streambeds; Timing construction to avoid sensitive periods for aquatic and terrestrial wildlife including: • No construction during bald eagle wintering period • No construction activity between the Crystal River Fish Hatchery and Seven Oaks Road during peak mule deer migration period Fueling of construction equipment will only occur at designated areas, when possible, to preclude adverse water quality impacts to existing drainages and wetland habitats. It is the responsibility of the contractor to prevent adverse impacts to water quality, as directed by CDOT Standard Specifications for Road and Bridge Construction; Best management practices will be implemented where feasible to control sedimentation, erosion, and aeolian (i.e., wind) deposition. These measures include: • Modification of site drainage would be managed to preclude adverse effects on water quality, flow characteristics, and soil erosion on site and off site; • Controlling surface water runoff in relation to slopes and other graded areas; • Installing catchment basins to collect run-off; • Placing hay bale barriers or sandbags along the toes of graded slopes • Revegetating areas as soon as possible after completion of grading; WIItlIIPo Resources Report p. ~ O ~ ~ ~ ~ ~ legorleal Exeluslon. Crystal Troll - Meedowood Drive to Seven Oaks Roatl COLORADO WILDLIFE SCIENCE. LLC OraJt April 2/, Y007 • Placing silt fences around construction areas to reduce erosion of disturbed soils and siltation of natural drainage channels; and • Applying water to graded areas and temporary (haul) roads during construction to control fugitive dust. Determination ofthe significance of potential impacts to biological resources is based on: • importance (i.e., legal, commercial, recreational, ecological, or scientific) of the resource; • Sensitivity of the resource to proposed activities; • Proportion of the resource that would be affected relative to its occurrence in the region; and Duration of activities affecting the resource. Impacts to wildlife are significant if species or habitats of high concern aze adversely affected over relatively large areas, or if disturbances cause reductions in population size or distribution of a species of high concern. Potential for impact is directly proportional to the number of crossings or habitat encounters identified. Construction activities will be focused on a relatively small percentage of the overall Project Corridor. Consequently, negligible habitat loss and associated impacts to wildlife populations is anticipated. Construction activities for the proposed trail could affect wildlife resources through permanent loss or alteration of small sections of habitat and through temporary disturbance from construction, noise and human presence. Noise and ground-clearing activities could temporarily displace wildlife from habitat in the immediate vicinity of construction with some wildlife likely returning after construction is complete. Seasonal timing of construction activities to avoid wildlife migrations or seasonal habitat use would minimize these conflicts. The total permanent loss of habitat for the entire -ength of the project corridor will be minimal. Based on the criteria for determination of the significance of potential impacts to biological resources, no population- Ievel effects are anticipated for this minimal linear impact. Trail construction will include the implementation of signage and interpretive sites throughout the trail corridor emphasizing the wildlife and historic context for the area. Where appropriate, seasonal closures, leash requirements for dogs, and appropriate protection of sensitive areas (e.g., bald eagle roost sites) is possible. METHODS CWS conducted a site reconnaissance on April 17`h and 18`h, 2007 to identify and assess the general nature and extent of wildlife habitat, presence of wildlife, and to familiarize the CWS wildlife biologist with the project site. For the purposes of this study, the site reconnaissance was restricted to the SH-133 right-of--way and adjacent lands. The wildlife biologist surveyed adjacent areas of potential wildlife habitat along the length of the project area on foot. The width of the corridor was defined as approximately 100 feet either side of the SH-133 right-of--way. In addition, CWS analyzed current ND[S Species Distribution Maps (CDOW 2007f) and reviewed current the CNHP Biodiversity Tracking and Conservation System (BIOTICS) data for the study area (CNHP 2007). WIIdIIPo Rewumas Report P~ 3 Oetegodeal Exclusion: Crystal Treil - Meadowood Odve to Seven Oeks Rwd 000045 COLORADO WILDLIFE SCIENCE, LLC Orafl April 24 2007 RESULTS The following is a discussion of the results of the study including findings of the site reconnaissance (i.e., dominant vegetation, wildlife habitat, and wildlife species detected or identified via tracks, scat, or other sign), analysis of CDOW and CNHP data, and literature review. VEGETATION /CURRENT CONDITIONS As described above, the study area is embedded within a landscape that transitions from an urban to arural-agricultural landscape and a correspondingly small amount of significant wildlife habitat. While portions of the proposed trail alignment intersects the Crystal River riparian area which contains a montane riparian woodland (Photo I), most of the alignment passes through irrigated grass and/or alfalfa hay fields and pastures (Photo 2). The montane riparian woodland is dominated by natrowleaf cottonwood (Populus angustifolia) with chokecherry (Prunus virginiana), thinleaf alder (Alms incana), river hawthorn (Crataegus rivularis), skunkbush sumac (Rhus trilobata), willow hawthorn (C. saligna), wild rose (Rosa woodsia~, and an assortment of willow including sandbar willow (Salix exigua), Geyer's willow (S. geyeriana), and mountain willow (S. monticola) plus various fortis and grasses. The riparian woodland occurs along the Crystal River floodplain as well as along Thompson Creek. Linear narrowleaf cottonwood/sandbar willow stands are also present along some irrigation ditches. THREATENED, ENDANGERED, CANDIDATE, AND PROPOSED SPECIES CWS submitted a letter to the USFWS on April 11, 2007 requesting a list of Threatened, Endangered, candidate, and proposed species. Although a response has not been received to date the species considered in this evaluation are those most likely to be included in the list from the USFWS. Any species included on the list of species received from USFWS will be included in the final version of this report. The 11 federally listed plant, animal, and invertebrate species that may potentially exist within the project area or may be affected by actions associated with the project are listed below (Table 1). In addition, CWS submitted a letter to CDOW requesting a list of state Threatened, Endangered, and Species of Special Concern that may occur within or may be affected by actions within the project area. Again, although a response has not yet been received the species listed below with special state status are those considered most likely to be included in the subsequent CDOW list. Some of the species listed below are typically found on habitats that do not occur within the project area or within areas that could be affected by actions associated with the project. There will be no effect on these off-site species. A brief rationale for the "no effect" determination for each of these species is included in the following paragraphs. Table 1. Threatened or Endangered Species that may occur in Pitkin and Eastern Garfield Counties, Colorado or may be affected by the proied. Common Name Occurrence Potential Surveys Latin Name ~ Status= Haber in ^ducted ProleCt Habitat Areal Effect PLANTS Uinta Ba51p h00kIE55 Uinta ElaSin in Duchesne and Uinlah rAUntiea, Ufah, antl in Delta Gafieltl T , , Mesa. antl Mornrose counties. Colorado Meil 8 Pnner iooa~ ~ N u J_.. J N71dll/e Reso rtes Report Cafegorleal Exeluslon: Crystal Trall- Meatlowood Drlve to Seven Oaks Roatl p~ ~ 00004 COLO9AD0 WILDLIFE SCIENCE. LLC Ornft Apfll ~4~ YB07 Table 1. Threatened or Endangered Species that may occur in Pitkin and Eastern Garfield Counties, Colorado or ma be affected b the ro ed Potential Surveys ' Occurrence Common Name Statusx Habkat In nducted Latin Name P e1.i Habitat Area4 Effect cactus Found in xenq fine textured soils overtain with cobbles and pebbles, growing in No Effect sa%desert shrub and pinyon-juniper communities. al elevations ranging from SClerocadus glaucus 4,462 to 6,562 fl (Heil 8 Porter 1993). BIRDS In Colorado, statewide along ravers, lakes, reserwirs. All dthe conterminous United States and Alaska. Two-thirds d breading sites west d Codinentel NO Divide. Concentrations include the Vempa. While, and Colorado Rivera (Kingary le B ld Ea 1ss6). g a Heliaeetus IBUCOCepheluS Open water bodies, preine drg cdonies imported food source during the winter. ~ ST No Breeding: Usually nests in tall Irees or on tl%fs near water. Winter: Preferentially roosts in conifers or dher shNtered sites in winter in some areas; typically No Effeq adeds the larger, more amasside trees. Perching in deciduous end con%erous trees is equally common in other areas (NetureServe 2005). Sodhern Ulah and Cdoratlo, through Arizona, New Maxim, and weal Texas, io NO d Owl i S il M the rrroudains of cedrel Mexico (Rinkevich e<al. 1995). can po e ex Strix Occidentalis lucida Complex (crest or rocky cenyona that codain uneven-aged, mulD4evel and old- FT, ST No No Effect aged, thick forests. below 9,500 (eel elevation. Neata in standing snags end billow trees (RinkeNCh at al. 1995) In Colaredo west d the Continedal Divide, the spades was probably never common (Bailey 8 Niedrech 1965; Kingary 1998) and is now extremely rare (Kingary 1998). One mMrmed nesting obxrvation occurred along the Vempa River near Hayden during the Breading Bird Alles surveys concluded from 1987- No 1994 (Kingary 1998) and one cuckm, representing a Drobade nesting pair in Yellow-billed Cuckoo surveyed lowland fiver dpadan habitat along six rivers in west-central Coloratlo n (Dexter 1998). SC No canus Coccyzus ame Nest in deciduous woodlands auodated with wetlands or streams. Require combination d dense willow understory for nesting, a NO Effect m%onwood overstory for foraging, and large patches d habitat (laymon 1980; Gaines 8laynwn 1984; Kingary 7998). Feed on grasahoppars, calarpillars, beetles end dher insects (Dillingar 1989). Hislodc end current breeding status d the aoulhweslern willow flycatcher in Cdorado is unclear (USFBWS 1995; USFWS 1995). Breeding willow flycatchers No Southwestern willow w%h genetic charadedatip d the southwestam sap. occur at Alemosa NWR and MUnOre Springs (USFWS 2002e). flycatcher Empidonax rraillii exfimus Breads m patchy to dense riparian haDhats along streams or dher welands, FE, SE No near or adjaced to surface water or undedein by aelureted sill. Occupied sites or an aggregde of etafion in the patch interior onsist d dense va ll No Effect , g y c usua dense patches interspersed with openings (USFWS 1995). MAMMALS Cdoredo is iha southern limit d the North Amancen distribution d the spades, NO and iha population is considered isaletetl from lhox in iha Northern Rockies Canatla lynx 2000). (McKelvey el al Lynx canadensis . Lynz in Colorado are pdndpelly asaodated with Engelmann spruce, subalpina FT, SE No NO Etfed fir, and lodgepde pine forests, a%hough barren subelDine end dpenan habitats are also usetl (USDA Forest SerNce 2004). Formerly ihroughod the Great Plains, naudain basins, and semi-add No Black-fooled ferret grasslands. Reidroduced in Sodh Dakda, Modena, Arizona, Ulah, Cdorado. and Chihuahua Mustela nigdpes . FE, SE No Praise dog towns in the Great Plains, condone basins, arM semi-arid grasslands. NO Effect 2003 CDOW statewwde river otter survey found 3 viade populations: Gunnison, arM Green fiver populations. In add%ion, evidence d otters was on the Pietlra , Cache la Poudre, South Platte. Michigan, and Illinds rivers and also reported NO North American river otter additimal individual sightings. River otters are found omasionally in the Rcadng Fork and Crystal Riven LOntra cenadensis Water bodies and riparian areas within a broad range d ecosystems from semi- $7 Yes desert shrvDland to montane and subalpine forest. Tha primary habhai No Effect requiremed for liver otters is permanent water with abundant fish or crustacean prey and rdalively high water quality (Boyle 200fi). FISHES Bonytail FE, SE No No Gila elegans Histoncelly common to abundant in warm-wrier reaches d larger avers from Me>am to omin . Present) small numbers of wild indivitluds in the Green River and upper Colorado River sub-basins d the Upper WNMI/e Resources Report P- 5 O O O "~sfegOrleN Exclusion: Crystal Tralr- Mearlowood Drive ro Seven Oaks Roan COIOIlADO WIIJJLIFE SCIENCE, LLC Orof( April 20, 1007 Table ~. Threatened or Endangered Species that may occur in Pitkin and Eastern Garfeld Counties, Colorado or maV be affected by the nrnicM Common Name Occurrence Potential Surveys Latin Name St t Habitat In ° onducted a us i r t Habitat ~ A rea9 Effect Basin (USFWS 2002a). Co id tl ns ere atlapetl to warm mainstem rivers where it has been observed in pools eM edtlies. Probably spawn in spring over rocky substrates; spawning in reserwirs has Dean observed over rocky shoals antl shorelines (USF'VVS No Effect 2002a). Hisloncally, mnsideretl abundant in the Green and upper Colorado rivers and Colorado pikeminnow their mbuWnes (USFWS 2002b). In Cdoratlo, they are curtently found in the PtychOChelius lucius Green, Vampa, White, Cdoredo, Gunnison, Dolores, and San Juan rivers No ((CROW 2007a). Warm-water reaches of the Coloretlo River mainstem antl larger FE, ST No Inbutadea, antl require unimertupled stream passage for spawning migrations and tlispersal d young (USFWS 2002b). No Effect Hiatodrally throughaW the Cdoredo River system rrom Green River in Wyoming Humpback Chub to the GuH d Celirorde in Mexico. Today, they ran be round in deep, canyon- No bound portions of the Cdoredo Rrvar system (USFWS 2002c). Gila cypha Cle t ar wa ers of low cument wkh sandy bottoms and abundant rooted aquatic FE, ST No vegetation Poole with turbulent to lihle or no cunent; substrates d silt, sang b No Effect oulder, or betlrock (USFWS 2002c). Hisloncally, widely dislnbuletl in warm-water reaches d larger rivers d the Colorado River Benin /rem Mexico to Wyoming (USFWS 2002tl). Now found in small numbers in widely distdbuled locations. Reproducing populations mwr only in the Midtlle Green River in Utah, between the confluences or the No Duchesne and Yampa rivers, in the lower reaches d those two tdbulanes Razorback Sucker (USFWS 2002d), as well as in the Colorado River near Grand Junction (CDOW Xyrauchen texanus 2007a). Re i FE SE qu re nursery environments with quiet, warts, shallow water such as tributary , No mouths, backwaters, or inundated flootlplain habitats in rivers, and coves or shorelines in reservdrs (USFWS 2002d). Adults require rivers with deep runs , etltlies, backwaters, and Oooded oft-channel areas in spdng; runs and pods No Effect , often in shallow water assodaled with supmerged sandbars in summer (USFWS 2002d). INVERTEBRATES Narrow endemic. Restdded to isdaletl alpine habitats in San Juan Mountains d Uncompahgre Fritillary southwestern Cdoredo. Unverifiatl repods d this spades from Sawatch Range of south-central Cdoredo mulct expand range slightl (NalureSe 2006 No BO/Ono aCIOCnema y rve ). Kno t wn o omur in snow willow (Selix nivelis) above 12,500 ft elevation. The FE NO snow willow is the larval host plant. Adults teetl on a vadrny d flowering alpine plants (NalureServe 2006). No ERed =Status: T =Threatened , E = Endangered; P = Proposetl; C =Candidate for listing Of the 13 state and federally listed, candidate, and proposed species potentially occurring or potentially affected by actions within the project area only two, bald eagles and river otters, have habitat within close proximity of the project area. Bald eagle Haliaeetus leucocephalus Threatened Background Bald eagles were listed as endangered under the ESA in 1978 but had recovered sufficiently by 1995 to be downlisted to threatened status. This species is also state-listed as threatened. Because of its successful recovery, there is a current proposal to delist bald eagles from the ESA, but protections would remain under the Migratory Bird Treaty Act (MBTA), and the Bald Eagle Protection Act. According to CDOW data, in 2001 there were 51 known nesting pairs in W/dll/e Resources Report CategodcN Exclus(on: Crysb/ Troll - McMowood Odve to Seven Oaks Road p' a 000043 COLDPADO WIlDl1FE $CIErvCF, LLC Draft Apl1124, 2007 Colorado, and approximately 1,000 bald eagles winter in the state (CDOW 2007g). Bald eagles depend on large roost trees that allow them a wide field of vision for prey. Food sources include fish, small mammals, waterfowl, and carrion. Known sensitive habitats in the project area include winter range, winter foraging area, and winter roost sites in the along the Crystal River primarily at the southern end of the Town of Carbondale and in proximity to the confluence of Thomas Creek and the Crystal River (Map 2). No known bald eagle nests occur in or adjacent to the project area. Effects of Proposed Action There are two active bald eagle roost sites within close proximity to the proposed trail alignment. One is situated from approximately 0.5 miles south of Mount Sopris Ranch Road north along the river to Thompson Creek Road. The other is located at the confluence of the Crystal River and Thomas Creek east of the project area. The proposed trail alignment passes within 200 feet of the roost site at the northern end of the roost site at the south end of Carbondale (Map 2, Photos 3, 4). At the Thompson Creek confluence roost site, the trail alignment passes within approximately 175 feet of the nearest roost trees (Photo 5). Given that the proposed trail alignment runs parallel to a heavily traveled state highway and that no roost trees will be directly or indirectly affected by the proposed action, the project will have no effect on these winter roost sites or any other bald eagle habitat. In order to ensure that there are no construction effects on the bald eagle roost sites, all construction and maintenance activities will be limited to the period between November I S and April I. Final design of the trail within close proximity to the roost sites will be coordinated with the USFWS. Appropriate mitigation actions will be coordinated with the USFWS. In addition, there will be no winter maintenance of the trail in the vicinity of the roost sites. These actions will ensure that the project will have no effect on bald eagles. North American river otter Lontra canadensis State Threatened Background' From 1978 to 1984, 45 river otters from Washington, Wisconsin, Michigan, Virginia, and Minnesota were released on the North Fork Colorado River in western Rocky Mountain National Park (CDOW 2003). Several recent surveys confirm that river otters now inhabit most of the North Fork Colorado River in Rocky Mountain National Park and the Arapaho-Roosevelt National Forest, including Shadow Mountain and Granby reservoirs and Grand Lake (Colorado Natural Heritage Program 2002). Sightings indicate that otters now occur along the Colorado River west to Utah, and in several major tributaries including the Fraser, Blue, Eagle, and lower Roaring Fork rivers, although population size and stability in these tributaries is unknown. Otters, presumably from these reintroductions, have also moved into the North Platte River in North Park and across the Continental Divide into the Poudre and Laramie rivers (CDOW 2003). Habitat Reauirements2 In the interior western United States, river otters most often inhabit stream-associated habitats (Melquist & Homocker 1983; Mack 1985; Bradley 1986; Boyle 2006)), but lakes, reservoirs, beaver ponds, and floodplain wetlands may occur within seasonal home ranges. Otters prefer From Boyle 2006. WIItlO/e Resoarees deport P. T O ~4tpgpriya~clusion: Crystal Troil - Meatlowoatl Drive ro Saven Oaks Road CCROQADO WILDLIFE SCIENCE, LLC Oraft _ Ap/%124, 2007 valley streams to mountain streams. In mountainous areas, headwater streams or stream reaches are often characterized by high gradient and low productivity and, therefore, do not provide quality habitat for river otters (Melquist & Hornocker 1983; Boyle 2006). In Nevada, river otters favored streams with low gradient, high meander ratios, and multiple channels (Bradley 1986; Boyle 2006). In montane valley habitat in Rocky Mountain National Park, Colorado, Mack (1985) estimated that rivers, small streams, and beaver ponds contained 42, 4, and 54 percent, respectively, of the total energy available to river otters in the form offish prey. Effects of Proposed Action No river otter habitat will be directly impacted by trail construction. Indirect impacts will be prevented by the implementation of the stormwater management plan and BMPs. Consequently, the proposed project will have no effect on river otter populations. OTHER SIGNIFICANT WILDLIFE This section addresses present use of the study area by significant wildlife not listed by the state or federal government. The `significant' wildlife use described herein refers to those wildlife species that are of ecological, economic, regulatory, social, and/or political importance. UNGULATES Mule Deer (Odocoileus hemionus) Mule deer are present within the project area throughout the year. Recent observation and CDOW NDIS data (CDOW 2007e) reveal that the entire study area is within active mule deer summer and winter range2 (Map 3). The project area is situated between two important mule deer severe winter range areas located on the eastern and western slopes of the Crystal River Valley. Consequently, the project area contains CDOW mapped and field verified highway crossing areas that are heavily used by mule deer as part of a daily movement and seasonal migration pattern. Densities of mule deer are greatest within the project area when migratory animals join resident herds on winter range for the season. Rocky Mountain Bighorn Sheep (Ovis canadensis) There is no mapped (CDOW 2007b) or field verified bighorn sheep habitat on or immediately adjacent to the study area. Rocky Mountain Elk (Cervus elaphus nelson) No significant elk habitat was identified during the site reconnaissance and the CDOW mapping does not indicate any elk habitats within most of the project area (CDOW 2007d). The southernmost portion of the project area lies within elk winter range (Map 4). The project will not result in the direct loss of any elk winter range. Elk do periodically occur within the remainder of the project area but this use is not regular or significant. No production areas will be affected by the project. It is unlikely that the project will have any adverse effect on elk seasonal habitat. ~ See Appendix C for CDOW seasonal habitat definitions N71tl11/e Resources Report p. 9 0 O (Flry~y#~11 Exclusion: Crystal Trafl - Meetlowootl Drive ro Seven Oaks Raatl COLORADO WILDLIFE SCIENCE, LLC Oran April 24, 1007 BLACK BEARS Black bears (Ur.nl.e amerrcanus) can be found throughout the study area. The CDOW maps much of the northern portion of the project area as black bear fall concentration area (Map X) (CDOW 2007c). Although no bears or bear sign was observed during the site reconnaissance, it is likely that that the mapping is accurate given the habitat in the mapped areas and the propensity of black bears to seek human sources of supplemental nourishment in poor natural food years. RAPTORS CWS conducted a raptor nest search along the trail alignment. No raptor nests were found. Raptors observed during the site reconnaissance included an American kestrel (Falco sparverrus) perched on a power line and ared-tailed hawk circling over adjacent hay fields. No breeding or nesting activity was observed. CONCLUSIONS & EFFECT DETERMINATION As described above, the study area contains limited wildlife habitat. As such the proposed Crystal Trail from Meadowood Drive to Seven Oaks Road is unlikely [o adversely affect any legally protected or otherwise significant species. The only habitat within the project area for the species listed above is bald eagle winter range, winter forage, and winter roost sites. No actively used roost trees or potential roost trees will be affected by the project and the project will have no effect on the winter range and winter forage habitat. Additionally, seasonal restrictions on construction activities within 0.25 mile of wintering bald eagles would mitigate impacts to individuals. WNdI!/a Reaourtts Report R s Cateporlcal Exclusion: Crystal Trail - MeaOOwootl DAVe ro Seven Oaks Roatl 000051 COLORADO WuDnrE SCIENCE, LLC Die/I April 21, 2007 LITERATURE CITED ,. Atwood, W. W. 1940. The physiographic provinces of North America. Ginn and company, Boston, New York, etc. Bailey, A. M., and R. J. Niedrach 1965. Birds of Colorado. Denver Museum of Natural History, Denver, CO. Bailey, R. G. 1995. Description of the ecoregions of the United States. U.S. Dept. of Agriculture, Forest Service, Washington, DC. Bailey, R. G., United States Forest Service, and U.S. Fish and Wildlife Service 1976. Ecoregions of the United States. U.S. Forest Service, [Washington]. Bailey, R. G., United States Geological Survey, and United States Forest Service. 1998. Ecoregions of North America. U.S. Dept. of Agriculture, Forest Service, Washington, D.C. Boyle, S. 2006. North American River Otter (Contra conadensrs): a technical conservation assessment. Available online at http://www.fs.fed us/r2/oroiects/scD/assessments/northamericanriverotter odf, USDA Forest Service, Rocky Mountain Region. . Bradley, P. V. 1986. Ecology of river otters in Nevada. M.S. Thesis, University of Nevada, Reno, NV. CDOW. 2003. State of Colorado river otter recovery plan, June 200. Unpublished report, Colorado Division of Wildlife, Denver, CO. CDOW. 2007a. Colorado Listing of Endangered, Threatened and Wildlife Species of Special Concern - Species Pages. Available online at httD://wildlife state.co.us/WildlifeSoecies/SoeciesOfConcern/ThleatenedEndaneeredLisULlstOfThrea tenedAndEndanQeredSoectes him. CDOW. 20076. Colorado Species Distribution Maps -Bighorn Sheep. Available online at http://ndis.nreLcolostate edu/ftD/data/sam/bil;horn zio. Natural Diversity Information Source, Colorado Division of Wildlife, Fort Collins, CO. CDOW. 2007c. Colorado Species Distribution Maps -Black Bear. Available online at http://ndis.nrel colostate edu/fto/data/sam/elks Natural Diversity Information Source, Colorado Division of Wildlife, Fort Collins, CO. CDOW. 2007d. Colorado Species Distribution Maps -Elk. Available online at http://ndis.nrel colostate edu/fto/data/sam/elk zip Natural Diversity Information Source, Colorado Division of Wildlife, Fort Collins, CO. CDOW. 2007e. Colorado Species Distribution Maps -Mule Deer. Available online at http://ndis.nrel colostate edu/fro/data/sam/mule deer zp. Natural Diversity Information Source, Colorado Dtvlsion of Wildlife, Fort Collins, CO. CDOW. 2007£ Colorado Species Distribution Maps. Available online at http://ndis nrel colostate edu/. Natural Diversity Information Source, Colorado Division of Wildlife, Fort Collins, CO. Wlldlile Resoun;es Report Categorical Eielusion: CryetN Trail - Meaalowood Drive b Seven Oaks Road P• 70 00005? COLORADO WIIDLIfE SCIENCE, LLC Draf( Apri124, 2007 CDOW. 2007g. Colorado Wildlife Species Profiles. Available online at http'/iildlife state co us/WildlifeSpecies/Profiles/. Natural Diversity Information Source, Colorado Division of Wildlife, Fort Collins, CO. CNHP. 2007. Statewide List of Tracked Species and Communities. Online database available at httD'//www cnhp colostate edu/list.html. Colorado Natural Heritage Program, Fort Collins, CO. Colorado Natural Heritage Program. 2002. Evaluation of amphibian and mammalian management indicator species on the Arapaho-Roosevelt National Forests and Pawnee National Grassland. Report submitted to Dennis Lowry, Arapaho and Roosevelt National Forests and Pawnee National Grassland, Fort Collins, CO. Dexter, C. 1998. River survey of west-central Colorado, for yellow-billed cuckoo and riparian weeds. Report prepared for the Bureau of Land Management. Bureau of Land Management, Grand Junction, CO. 26 pp. Gaines, D., and S. A. Laymon. 1984. Decline, status and preservation of the yellow-billed cuckoo in California. Western Birds 15:49-80. Heil, K. D., and J. M. Porter. 1993. Status report for Sclerocactus glaucus (K. SchumJ L. Benson. Prepared for USDI Fish and Wildlife Service. Ecosphere Environmental Services, Inc, Farmington, NM. 68 pp. Kingery, H. E. 1998. Colorado breeding bird atlas. Colorado Bird Atlas Partnership :Colorado Division of Wildlife, Denver, Colo. Laymon, S. A. 1980. Feeding and nesting behavior of the yellow-billed cuckoo in the Sacramento Valley. Wildlife Management Branch Administration Rep. 80-2, California Department of Fish and Game, Sacramento, CA. Mack, C. M. 1985. River otter restoration in Grand County, Colorado. M.S. Thesis, Colorado State University, Fort Collins, CO. McKelvey, K. S., K. B. Aubry, and Y. K. Ortega. 2000. History and distribution of lynx in the contiguous United States. Pages 207-264 in L. F. Ruggiero, K. B. Aubry, S. W. Buskirk, G. M. Koehler, C. J. Krebs, K. S. McKelvey, and 1. R. Squires, editors. Ecology and conservation of lynx in the United States. University Press of Colorado, Denver, CO. Melquist, W. E., and M. G. Hornocker. 1983. Ecology of river otters in west central Idaho. Wildlife Monographs 83. NatureServe. 2005. NatureServe Explorer: An online encyclopedia of life [web application]. Version 4.1. NatureServe, Arlington, Virginia. Available online at http'//www natureserve or explorer. NatureServe. 2006. NatureServe Explorer: An online encyclopedia of life [web application]. Version 6.1. Available online at httD'//www natureserve org/explorer. NatureServe, Arlington, Virginia. Omemik, J. M. 1987. Ecoregions of the conterminous United States. Map (scale 1:7,500,000). Annals of the Association of American Geographers 77:118-125. Rinkevich, S. E., J. L. Ganey, J. L. W. Jr., G. C. White, D. L. Urban, A. B. Franklin, W. M. Block, and E. Clemente. 1995. General biology and ecological relationships of the Mexican Spotted Owl,. Pages p. 11 N71dOre Resources Report Cafeporkal Exclusion: Crystal Troll - Meadoarood Drive fo Seven Oaks Road 000053 COLCNtADO WILDLIFE SCIENCE. LLC Orajl April ll 2007 19-35 in K. J. Cook, editor. Recovery plan for the Mexican Spotted Owl. Vol. I. USDI Fish and Wildl. Serv., Albuquerque, NM. USDA Forest Service. 2004. Southern Rockies Canada lynx Amendment, Draft Environmental Impact Statement. USDA Forest Service, Region 2, Lakewood, CO. USF&WS. 1995. Final rule determining endangered status for the southwestern willow flycatcher (Empidonax traillii extimus). Federal Register 60:10694 (February 27, 1995). USFWS. 1995. Final rule determining endangered status for the southwestern willow flycatcher (Empidonax traillii ex[imus). Federal Register 60:10694 (February 27, 1995). USFWS. 2002a. Bonytail (Gila elegans) Recovery Goals: amendment and supplement to the Humpback Chub Recovery Plan. U.S. Fish and Wildlife Service, Mountain-Prairie Region (6), Denver, Colorado. USFWS. 2002b. Colorado Pikeminnow (Ptychocheilus Lucius) Recovery Goals: Amendment and Supplement to the Colorado Squawfish Recovery Plan. U.S. Fish and Wildlife Service, Mountain- Prairie Region (6), Denver, Colorado. USFWS. 2002c. Humpback chub (Gila cypha) Recovery Goals: amendment and supplement to the Humpback Chub Recovery Plan. U.S. Fish and Wildlife Service, Mountain-Prairie Region (6), Denver, Colorado. USFWS. 2002d. Razorback Sucker (Xyrauchen texanus) Recovery Goals: Amendment and Supplement to the Razorback Sucker Recovery Plan. U.S. Fish and Wildlife Service, Mountain-Prairie Region (6), Denver, Colorado. USFWS. 2002e. Southwestern Willow Flycatcher Recovery Plan. U.S. Fish and Wildlife Service, Department of the Interior, Albuquerque, New Mexico. 210 pp. x7/mrnr Resources Report rystal Trail - C+Mgoritel E`Nwlon: C Meadowood Onve fa Seven Oaks Road P~ 1 z 00005 COLORADO WILDLIFE SCIENCE, LLC Draft Ap17124, $007 Wildlife Resources Report Categorical Exclusion: Crystal Trail - Meadowood Drive to Seven Oaks Road APPENDIX A MAPS p. 13 WetlO/e Resources Report Cafsgor/esl Exelualon: Crystal Tnil - Meadowood Orlve ro Seven Oaks Road 000055 . ~ I CRYSTAL TRAIL ~~ ta~ea I °' MAP ^- 000056 00005? ~obrado UCriWlde k'rgrxs,_465 Bald Eagle HaWtat Vlhnter Roast Site YNnror NMlar "' ~ MAP ^~~ " ' CRYSTAL TRAIL O ti9 M Batter ~ Range Forage Area ~~ «~~ 2 . 00005 a:msoc.~vice_x..r-rr,..e. «..I muw uee~ H8UIL8t H M:a qos<m 7 _.. CRYSTAL TRAIL ~--~ b Y ~ f~ ~^~~ Range ..ofbr°va°. ~ MAP i NhMCi ~~~~ Severe a~"ii0.~0ey 3 ... 'AeaOa Di - h. St.en r aks kcal ~ Cm'em.~r'.... \ .. _ _.. °"'"` °> ~ 00059 dwado ~'kll1.~ ..hence LLC ROCky MOUnteln Elk Hadtat PeMaction area ' Vatmm Range ww - MAP ' ,:~.a"«c CRYSTAL TRAIL t---7 `Hiner ~Rc «~° ~ .a..nmrm once m Se.xn Oaks RJaO ~ 1 Ca~G t M ' ' ` " rNvt raR y 4 COLORADO WILDLIFE SCIENCE. LLC Dino April $4. 2007 Wildlife Resources Report Categorical Exclusion: Crystal Trail - Meadowood Drive to Seven Oaks Road APPENDIX 8 PHOTOS WIdBle Resources Report p. 1B Cafegoncal Exclusion: Crystal Trail - Meadowood Orlve fo Seven Oaks Road OOOV6U CCILORADO WILDLIFE SCIENCE. LLC Umjf ApNI 21, 2007 Wlldlf/e Rgoureea Report p. 19 O 0 O ~ 6r1~ Fxcluslon: Crystal Tra(1- Meadowootl Drive to Seven Oaks Rostl COIpRADO VlILpLIfE SCIENCE, lLC Oraf( ARIiI 24, 2007 Wlltlgle Resources Report P. 20 Ca(egodca/ E.rcluslon: Crysbl Trail - Meadowootl Onva ro Seven Oaks Road ~~~~6~ COEOPADO WILDLIFE SCIENCE, LLC nrnff ARIiI 24, 2007 YVOtlII/e Rssourcea Report r. Gteporical Eselualon: Crystal Trall - Meatloerootl Dnve ro Seven Oaks Roetl 0UUU~3 COLORADO WILE)OiE SCIENCE. LLC Oral! April 24, 2007 Wildlife Resources Report Categorical Exclusion: Crystal Trail - Meadowood Drive to Seven Oaks Road APPENDIX C CDOW NDIS Habitat definitions N71dlNe Resources Report Categodesl Exelution: Crystal Troll - Meadowood OrHe to Seven Oaks Road P~ 22 COLOPADO WILDl1FE SCIENCE, LLC /lrnfl April 20, 2007 BALD EAGLE ACTIVE NEST SITE: A specific location in which a pair ul bald eagles have al least attempted to nest within [he last five years. Any nest location [hat can be directly tied to courtship, breeding, or brooding behavior is considered active. A buffer zone extends .5 miles around a known active nest. INACTIVE NEST SITE: A former active nest location in which neither courtship, breeding, or brooding activity has been observed at any time during the last 5 years. A buffer zone of .5 mile extends around an inactive nest. NEST OF UNKNOWN STATUS. A nest that is inactive for at least 10 years and has no[ been checked. ROOST SITE: Groups of or individual Vees that provide diumal and/or noctumal perches for less than I S wintering bald eagles; includes a buffer zone extending 1/4 mile around these sites. These trees are usually the tallest available vees in the wintering area and are primarily located in riparian habitats. COMMUNAL ROOST: Groups of or individual trees used by more than IS eagles for diumal and/or noctumal perches. WINTER RANGE: Those areas where bald eagles have been observed between November 15 and April 1. WINTER CONCENTRATION AREA: Areas (lree,islands, etc) within an existing winter range where eagles concentmle between November I S and April I. These areas may be associated with roost sites. SUMMER FORAGING RANGE: Foraging areas frequented by breeding bald eagles from November 15 to July 30. These areas are almost always associated with nesting pairs. WINTER FORAGING RANGE: Foraging areas frequented by wintering bald eagles between November IS and March l5. May be a large area radiating from preferred roosting sites. In western Colorado preferred roosting sites are within dominant riparian zones. MULE DEER CONCENTRATION AREA: That part of the overall range where higher quality habitat supports significantly higher densities then surrounding areas. These areas are typically occupied year round and are not necessarily associated with a specific season. Includes rough break country, riparian areas, small drainages, and large areas of irrigated cropland. HIGHWAY CROSSING: Those areas where mule deer movements traditionally cross roads, presenting potential conflicts between mule deer and motorists. MIGRATION CORRIDORS: A specific mappable site through which large numbers of animals migmte and loss of which would change migration routes. OVERALL RANGE: The area which encompasses all known seasonal activity areas within the observed range of a mule deer population. RESIDENT POPULATION: An area that provides year-round range for a population of mule deer. The resident mule deer use all of the area all year; it cannot be subdivided into seasonal ranges although it may be included within the ovemll range of the larger population. SEVERE WINTER: That part of the ovemll range where 90%of the individuals are located when the annual snowpack is a[ its maximum and/or temperatures are al a minimum in the two worst winters out of ten. SUMMER RANGE: That part of the overall range where 90% of the individuals are located between spring green-up and the first heavy snowfall. Summer range is not necessarily exclusive of winter range; in some areas winter range and summer range may overlap. WINTER CONCENTRATION: That part of the winter range where densities are at least 200°/ greater than the surrounding winter range density during the same period used to define winter range in the average five winters out of ten. WINTER RANGE: That part of the overall range where 90 percent of the individuals are located during the average five winters out of ten from the first heavy snowfall to spring green-up, or during a site specific period of winter as defined for each DAU. ROCKY MOUNTAIN BIGHORN SHEEP MIGRATION CORRIDORS: A specific mappable site through which large numbers of animals migmte and loss of which would change migration routes. MINERAL LICK: Specific natural sites known to be utilized by bighom sheep for obtaining minerals to meet basic nutritional needs. OVERALL RANGE: The area which enwmpasses all known seasonal activity areas within the observed range o(a bighorn sheep population. PRODUCTION AREA: That part of the overall range of bighorn sheep occupied by pregnant females during a specific period of spring. This period is May I to June 30 for Rocky Mountain bighom sheep and Febmary 28 to May I for desert bighom sheep. NMdllh Resoureee Report P. 2a Caragorlcal Erelualon: Cryaral Troll - Meedowootl OAve ro Seven Oeks Roatl ~~~QF~3 COLORADO WILDLIFE SCIENCE, LLC prof( _ Apri/24, 2007 SEVERE WINTER. Thal pan of the overall range where 90°/ of the individuals are located when the annual snowpack is at its maximum and/or temperatures are at a minimum in the two worst winters out often. SUMMER CONCENTRATION: Those areas where bighorn sheep concentrate from mid-June through mid-August High quality forage, security, and lack of disturbance may be characteristic of these areas [o meet [he high energy demands of lactation, calf rearing, antler growth. and general preparation for the rigors of fall and winter. SUMMER RANGE. i'hal part of the overall range where 90% of [he individuals are located behveen spring green-up and the firs[ heavy snowfall. Summer range is not necessarily exclusive of winter range; in some areas winter range and summer range may overlap. WATER SOURCE: Water sources known to be utilized by bighorn sheep in dry, water scarce areas. Up to a I bkm radius should be described around a point source, and up [o a I bkm band be drawn along a river or sueam. WINTER CONCENTRATION: That part of [he winter range where densities are a[ least 200% greater than the surtounding winter range density during the same period used to define winter range in the average five winters out often. WINTER RANGE: That pan of the overall range where 90 percent of the individuals are located during the average five winters out of ten from the first heavy snowfall to spring green-up, or during a site specific period of winter as defined for each Data Analysis Unit (DAU). ROCKY MOUNTAIN ELK HIGHWAY CROSSING: 'Those areas where elk movements traditionally cross roads, presenting potential conflicts between elk and motorists. MIGRATION CORRIDORS: A specific mappable site through which large numbers of animals migrate and loss of which would change migration routes. OVERALL RANGE: The area which encompasses all known seasonal activity areas within the observed range of an elk population. PRODUCTION AREA: That part of the overall range of elk occupied by dte females from May IS to June 19 for calving. (Only known areas are mapped and this does no[ include all production areas for the DAU). RESIDENT POPULATION: An area used year-round by a population of elk. Individuals could be found in any part of the area at any time of the year; the area cannot be subdivided into seasonal ranges. It is most likely included within the overall range of the larger population. SEVERE WINTER: Thal part of the range of a species where 90 percent of the individuals are located when [he annual snowpack is al its maximum and/or temperatures are at a minimum in the two worst winters out often. The winter of 1983-84 is a good example of a severe winter. SUMMER CONCENTRATION: Those areas where elk concentrate from mid-June through mid-August. High quality forage, security, and lack of disturbance are characteristics of these areas to meet [he high energy demands of lactation, calf rearing, antler growth, and general preparation for the rigors of fall and winter. SUMMER RANGE: That part of the range of a species where 90%of the individuals are located between spring green-up and the first heavy snowfall, or during a site specific period of summer as defined for each DAU. Summer range is no[ necessarily exclusive of winter range; in some areas winter range and summer range may overlap. WINTER CONCENTRATION: That part of the winter range of a species where densities are at least 200%greater than the surrounding winter range density during the same period used to define winter range in the average five winters out often. WINTER RANGE: That part of the overall range of a species where 90 percent of the individuals are located during the average five winters out often from the first heavy snowfall to spring green-up, or during a site specific period of winter as defined for each DAU. WNdNkf Rssoumes Report p. I4 CategorleaJ Fxeluslon: Crystal Troil - Meatlowootl Drive to Seven Oaks Roatl 000066 ATTACHMENT? Existing Conditions Photos and Graphically Enhanced Photos of the Trail Alignment CRYSTAL RIVER mA1L ACnVITYENVELOPE & SITE PWJ REVIEW PARCEL 10 N24 63154-0 0-00 4 & 2463-322-00-005 Page 26 0000>57 0 c 0 cn c,,o 0 0 0 ca 0 0 0 1~ '^a ATTACHMENT 8 Draft Activity Envelope and Site Plan Plat (Contained Within the Attached Drawings) CRYSTAL RIVER TRAIL ACTINTYQJVEIOPE A SITE PLAN REVIEW PARCEL ID M2463154~00~004 & 2463-322-06005 Pege 27 ODUU72 PUBLIC NOTICE RE: The Colorado Department of Transportation (CDOT), Pitkin County, and Cold Mountain Ranch LLLP Activity Envelope and Site Plan Review (Case P052-O8) NOTICE IS HEREBY GIVEN that an application has been submitted by CDOT, Pitkin County, and Cold Mountain Ranch LLP requesting approval of an Activity Envelope and Site Plan to construct amulti-use trail along the Highway 133 corridor. The parcels of land are legally described as: 1.) CDOT: The CDOT Right of Way 2.) Pitkin County: Parcel A as described on the Crystal Valley Ranch Subdivision Exemption Plat, recorded on July 12, 2005, as Reception No. 512274 of the records of the Pitkin County, Colorado Clerk and Recorder AND Parcel C as described on the Crystal Valley Ranch Subdivision Exemption Plat, recorded on July 12, 2005, as Reception NO. 512274 of the records of the Pitkin County, Colorado clerk and Recorder. The State Pazcel Identification Number for the properties are 2463-223-00- 005 and 2463-273-00-013. 3.) Cold Mountain Ranch LLLP: Pazcel 1: Cold Mountain Ranch, as a pazcel of land located in Sectionl5 and 22, Township 8 South, Range 88 West of the 6`h P.M and Pazcel 2: Mout Ranch, as a real property located in Sections 15 and 22, Township 8 South, Range 88 West of the 6th P.M. The State Parcel Identification Number for the property is 2463-154-00-004. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Mike Kraemer at (970) 920-5482. Published in the Aspen Times Weekly on Apri127, 2008. Attention Adjacent Property Owners A property owner receiving this public notice shall provide comments or objections to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, By May 27, 2008. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 April 14, 2008 Tom Newland PO Box 4815 Basalt, CO 81621 Re: CDOT/Cold Mountain Ranch LLLP Activity Envelope and Site Plan Review (PID#2463-154-00-004 & 2463$2a-00-005; Case# P052-08) Dear Mr. Newland: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information From you directly. Please note that it is your responsibility to mail notice by certified U.S. Mail to all adjacent property owners with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department) by (15 days out) Apri127, 2008. The names and addresses shall be those on the current tax records of Pitkin County as they appeazed no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving the public notice shall provide comments or objections to the Community Development by (30 days out) 27`h day of May, 2008. If any objections to the development application aze received by this date, the Community Development Department shall continue the application to a public hearing before the Boazd of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 12~h day of May, 2008, which is at least fifteen (15) days prior to the (30 day out) May 27, 2008. This must be submitted prior to any approvals being granted. If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2-20-100 & 2-40-20 (F) CDU Notice PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Crystal River Caucus Environmental Health and Natural Resources Colorado Division of Wildlife FROM: Mike Kraemer, Community Development Department Re: CDOT/Cold Mountain Ranch LLLP Activity Envelope and Site Plan Review (PID 2463-154-00-004 & 2463-~-00-005; Case P052-08) DATE: April 14, 2008 Attached for your review and comments are materials for an application submitted by Colorado Department of Transportation and Cold Mountain Ranch LLLP. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, May 27, 2008. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. PITKIN CONY COMMUNITY DEVELOP~NT Permit Receipt RECEIPT NUMBER 00025755 Name: Newland Project Resources Project Address: NO ADDRESS ASSIGNED Type: check # 3234 Permit Number Fee Description 0052.2008.PLAN PP- Flat Fee 0052.2008.PLAN ~ PP- Public Notice Fee 0052.2008.PLAN PP- EH&NR Referral Fee Date:4/4/2008 Amount 2,772.00 50.00 502.00 Total: 3,324.00