08.14.13 ERTL entire
CITY OF BOULDER
OPEN SPACE BOARD OF TRUSTEES
MEETING DATE:August 14, 2013
AGENDA TITLE:
Recommendation to designatetheERTL propertyas aHabitat
Conservation Area.
PRESENTERS:
MichaelPatton, Director, Open Space and Mountain Parks
Eric Stone, Resource Systems Division Manager
EXECUTIVE SUMMARY
With the purchase of the Energy Resource Technology Land, Inc.(ERTL)parcel, located
th
east of the Weiser property and west of 95Street along Boulder Creek(Attachment A),
Open Space and Mountain Parks (OSMP)hasacontiguous ownership and the
opportunity for consistent management of the Boulder Creek Floodplain and White
Rocks ecosystems.The property has never been open for public access and will remain
closed until a management plan is developed.This memo describes the rationale for
designatingERTL as aHabitat Conservation Area (HCA) to provide guidance for future
management of the property.
STAFF RECOMMENDATION
Staff recommends that the Open Space Board of Trustees pass a motion to approve and
recommend that the City Council pass a motion approving thedesignation of
approximately655acres of the 685-acre ERTL property (8323 Valmont Road, Boulder,
CO),shown in Attachment B,aspart of the Lower Boulder Creek Habitat Conservation
Area.
COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS
Environmental: Open Space and Mountain Parksis a significant community-
supported programthat isa leader in preservation of open space lands
contributing to the environmental sustainability goal of the City Council. The
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department's land acquisition, land and resource management and visitor service
programs help preserve and protect the Open Space values of the surrounding
publicly-owned lands.
Economic: Open Space and Mountain Parks contributes to the economic vitality
goal of the city as it provides the context for the diverse and vibrant economic
system that sustains services for residents. The land system and the quality of life
it represents attract visitors and help businesses to recruit and retain quality
employees.
Social: Because Open Space and Mountain Parks lands, facilities and programs
are equally accessible to all members of the community,they help to support the
city's community sustainability goal because all residents who live in Boulder can
feel a part of and thrive inthis aspect of their community.
OTHER IMPACTS
Fiscal: The cost to make the minor improvements necessary to implement the
recommended uses on ERTLwould be minimal.
Staff time: Initially it would take some small additional amount ofstaff time to
inform surroundingneighbors and the public at largeof the designation and new
regulations. Overtime, staffing level would decrease to a level representative of
the entire OSMP system.
PUBLIC FEEDBACK
On July 10,2013,the Open Space Board of Trustees (OSBT) heardthe staff presentation
on the merits of acquiring ERTL in fee with opportunity for public comment. At that
time,staff informed OSBT of the intention to manage ERTL as apart of an HCA and in a
fashion similar to the Weiserpropertyto the west and the Culver Property to the east.
This item is being heard as part of this public meeting advertised in the Daily Cameraon
August 11,2013.
BACKGROUND
The ERTLproperty is a large holding in eastern Boulder County on which the city
acquired conservation easements/developments rights in 1982 and 1984. These
agreements were madeto preserve and protect the natural resources found on the
property.The ERTL property borders four other Open Space lands and its acquisition
givesthe city fee ownership of the entire two and a half mile reach of Boulder Creek
thth
between 75Street and 95Street, forming a land assemblage of over 2,700 contiguous
acres.OSBT approved fee title acquisition at its July 10, 2013 meeting.
The location,topography and geology of the ERTL property create a variety of different
habitats that support an exceptionally diverse suite of wildlife and plant communities
including rare and protected species. Many of these features are shared with the adjoining
Weiserproperty immediately to the west. Restoration potential and ecological value is
very high in this area.
Two of the rarest species OSMP manages breed on or near the ERTL property. A pair of
bald eagles has nested just west of ERTL since 2002 and northern leopard frogs have
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ATTACHMENT C
Visitor Master Plan: Habitat Conservation Area Designation
Characteristics
Tend to be located in more remote areas.
Typically represent the largest blocks of an ecosystem type with few, if any, trails or roads.
Lower level of visitor use; no or few trials and trailheads.
Naturally functioning ecosystems (but may contain areas with evidence of human use and impacts).
Goals
Maintain, enhance and/or restore naturally functioning ecological systems.
Maintain, enhance and restore habitat for species of concern indentified in the Boulder County and
Boulder Valley Comprehensive Plans.
Provide pubic access and passive recreational opportunities that foster appreciation and understanding
of ecological systems and have minimal impacts on native plant communities and wildlife habitats or
other resources.
Eliminate all undesignated trails, unless they are made part of the designated trails system or provide
specialized access to appropriate low-use destinations.
Where sustainable infrastructure exists, continue to allow public access to appropriate destinations.
Criteria for Inclusion of Management Areas in the Habitat Conservation Area Designation
Large habitat blocks with a low density of trails, roads or development.
High potential for restoration of natural ecosystems (including areas= with restoration underway).
Plant communities that are rare or unique on Open space and Mountain Parks lands.
Habitat for species of concern such as threatened, endangered, rare and other species.
Areas with high biodiversity such as wetlands and riparian areas (especially un-trailed riparian reaches).
Comparatively lower visitation levels.
Compatibility with adjacent land (i.e., opportunities for coordinating habitat protection and connections
and recreational activities/trail linkages).
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ATTACHMENT D
Excerpt from the July 10, 2013 OSBT Memo
Ecological Significance
The ERTL property contains an unusual outcropping of Fox Hills Sandstone, a unique geologic
formation known locally as the White Rocks. It is a continuation of the formation found on the
Windhover Ranch property to the west. In addition, one of the largest relatively undeveloped
remnants of the Boulder Creek floodplain sets the stage for the extremelyrichdiversity of plant
and animal life found there. This property is one of the last remaining private parcels in the
Boulder Creek floodplain and its acquisition will create nearly seven miles of publicly owned
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and protected riparian habitat from 75Street to the confluence of Boulder and Coal Creeks.
Rare Plants and Plant Communities
Sandstone cliffs:At the top of the White Rocks cliffs where soil has collected between rocks,
habitat for the forktip three-awn grass (listed by the Colorado Natural Heritage Program as
critically imperiled in Colorado) occurs along with an unusual mix of tallgrass prairie and sand
prairie plant species. Crevices on the cliff face harbor the black spleenwort fern which is one of
the rarest ferns in North America. Seeps in the White Rocks cliff face provide habitat for
moisture-loving Great Plains species including great blue lobelia and American groundnut, as
well as an uncommon liverwort (Phaeoceros laevis). Sandy soils at the base of the cliffs support
some of the farthest western occurrences in Colorado of sand prairie species like sand sage,
narrowleaf four o’clock, silky sophora, lemon scurfpea and the plains black nightshade. Native
shrub stands and a large grove of western hackberry add to the plant diversity and provide
important structure and food for birds and other wildlife species.
Floodplain wet meadows and agricultural vegetation:The Boulder Creek floodplain portion of
the property is a mosaic of riparian forest, native wet meadow vegetation in old stream channels,
artificial lakes and fields dominated by European pasture grasses. The plains cottonwood was
historically the dominant canopy species along plainsstreams in the Boulder Valley and still
occurs in remnant stands along Boulder Creek. Nonnative Russian olive and crack willow trees
now occupy much of the floodplain. The Ute ladies’-tresses orchid, a federally protected wetland
species, occurs on the ERTL property in an area that has not been gravel mined. Additional
habitat for the rare orchid and other native wetland species could be restored on the ERTL
property through prescriptive cattle grazing, irrigation water management and nonnative tree
removal. Gravel mining has created artificial aquatic habitat in two large lakes and
approximately seven smaller ponds in the floodplain. While these are not natural features in the
landscape, they provide open water habitat with aquatic vegetation and marsh-like wetland
habitat along their shorelines.
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Wetland communities dominated by native species support the prairie gentian, an uncommon
species in Colorado with declining habitat across the Great Plains. The prairie gentian habitat is
concentrated in wet meadows south of the railroad tracks. The Weiser and ERTL prairie gentian
population represents the farthest western occurrence of this species in Colorado.
Wildlife Resources
Bald eagles have nested on the adjacent Weiser property since 2002. Because thecurrently-
occupied eastern nest is very close to the ERTL/Windhover Ranch property line, a large portion
of the area directly surrounding the nest lies on ERTL. The eagles have experienced nest failures
twice during the last nine years, making it important to manage the property in a way most likely
to support successful nesting.
The cliffs of the White Rocks support multiple uncommon species including four rare ants, one
of which (Aphaenogaster huachucana) is considered globally imperiled; a species of solitary bee
that burrows into the soft sandstone of the rocks and feeds on prickly pear pollen; tiny fairy
shrimp and crawling water beetles both of which live in ephemeral pools in depressions on top of
the cliffs; and six-lined racerunner lizards, foundlocally only on the White Rocks, that live in the
saltbush at the base of the cliffs. The White Rocks cliffs on ERTL have also provided one of the
county’s only natural nesting sites for barn owls and have been the center of recent prairie falcon
activity during the nesting season. The extensive wetland and aquatic habitat on ERTL provide
ideal breeding, foraging and over-wintering habitat for northern leopard frogs, a species in
decline in Colorado and throughout the western U.S. Boulder Creek provideshabitat for
uncommon species like the American dipper and wood duck and may support extremely rare
species like the northern river otter. The artificial lakes and ponds on the property provide open
water habitat for waterfowl and shorebirds and shorelineemergent marshes for wading birds
such as little blue and great blue herons and great egrets.
The diversity of habitats on the property supports a wide variety of bird communities during
summer and winter. According to the annual Boulder Christmas Bird Count, one of the highest
species richness and total bird counts is consistently recorded on the survey route that includes
ERTL. In the summer, American bitterns, Virginia rails, marsh wrens and yellow-headed
blackbirds are some of the rare/ uncommon species that have been seen on the property.
Because of this, the Colorado Office of the National Audubon Society is in the process of
officially designating the lower Boulder Creek area, including ERTL as an “Important Bird
Area.”
The exact location and extent of prairie dogs on the property, although known to be limited is not
certain. If acquired, prairie dog colonies will be mapped and assigned a management designation
according to the criteria in the OSMP Grassland Ecosystem Management Plan.
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Threats and Sensitivity of Resources
Previousintensive grazing on the property has likely had a negative impact on grassland-and
shrub-nesting birds. Habitat for these species can be improved through initiating prescriptive
grazing techniques and removing nonnative species. Improving habitat conditions, along with
minimizing human disturbance, can increase bird community diversity and lead to higher nesting
success. Organisms such as the boring bees, fairy shrimp and six-lined racerunner occupy small,
restricted and fragile habitats that could beimpacted by extensive use of the area. In addition,
the presence of New Zealand mudsnails in Boulder Creek requires restricted access to the creek
in an effort to avoid further spread of the snails to other waterways.
Bald eagles can be very sensitive to disturbance during nesting. The pair nesting at Weiser has
been accustomed to an area with minimal human presence, making them more likely to respond
negatively to even low levels of disturbance. Protection under the Federal Eagle Protection Act
prohibits disturbance to birds that could result in nest abandonment or negative impact to their
reproductive success. U.S. Fish and Wildlife Service recommendations to protect nesting eagles
in open landscapes such as those on the ERTL property are based on Colorado Division of
Wildlife buffers for protecting nesting raptors. These recommendations include no surface
occupation within ¼ mile of nest sites at any time and no human presence within ½ mile of the
nest seasonally during the nesting season (November -July).
White Rocks in the Grassland Ecosystem Management Plan
In recognition of the unique ecological importance of the White Rocks cliffs, staff included the
White Rocks (on both the ERTL conservation easement and the Windhover Ranch property to
the west) as one of eight conservation targets in the Grassland Ecosystem Management Plan
approved by OSBT and City Council. Within the Grassland Plan framework, issues, threats,
management considerations and strategies were identified for each conservation target.
Agricultural Values
There is a long history of agricultural activity on the ERTL property. The Sullivan family
farmed and ranched the property for more than 60 years before the current agricultural tenants
began farming the property. The Sullivansgenerally operated a traditional family farming and
ranching operation. They grew various grain crops, hay and forage crops and had a small cow
herd to utilize the grazing land. The Schwartz family has been leasing the irrigated agricultural
land on theERTL property for approximately 10 years and have recently taken over the grazing
land as well. The Schwartz family also leases the OSMP Manchester and King Hodgson
properties located in the same vicinity as the ERTL property. Their agricultural operation
primarily focuses on grass and alfalfa hay production, although they have recently added cattle to
their operation.
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The soils underlying the irrigated land of the ERTL property are primarily sandy loam in texture
with gentle slopes and are well suited for agricultural production. The irrigated lands are
considered to be of high quality when evaluating the soil texture and the water rights associated
with the property. OSMP will be acquiring water rights from the Green, Jones and Donnelly,
Cottonwood No. 2, and the Andrews-Farwell Ditches. The Jones and Donnelly Ditch has the
longest average operational season of 174 days. The Andrews-Farwell Ditch has the shortest
operational season of 52 days. OSMP will be acquiring 199 acres of irrigated land, much of
which will be most suited to livestock grazing because of previous mining activities. There are
about 65 acres of productive cropland suitable for a wide variety of agricultural activities,
including the production of organic vegetables for local sale.
Restoration and Weed Management
Historic land management, including disturbance related to mining, site hydrology and presence
of invasive species on adjacent lands, lead to known and likely populations of various invasive
species on the ERTL property.Russian olive currently occupies over 60 acres of the property.
Purple loosestrife, a Colorado List –A noxious weed, occupies 15 acres of the property, but was
managed by the landowner in 2010 and 2011. Eurasian watermilfoil is common in Boulder
Creek, the Green Ditch and likely some of the ponds that receive water from the Green Ditch.
Other species likely present on the property include common teasel, perennial pepperweed,
perennial sowthistle, whitetop, crack willow, Canada thistle, musk thistle, yellow toadflax
(mandatory eradication), garlic mustard, diffuse knapweed, houndstongue, reed canarygrass,
yellow iris and tamarisk. Additional mapping and monitoring of the property to obtain estimates
of cover and occupied area for the above and other invasive species is required. Given past
mining operations, it is likely that planting and seeding of native plants species is needed in areas
following invasive species management.
Cultural Resources
While no professional cultural resource inventories have been conducted on this property, it is
adjacent to the White Rocks/Weiser property where numerous Native American and historical
archaeological sites are located.It is expected that similar resources would be located on the
ERTL property.
Visitor Use
As with all OSMP property acquisitions not previously open to the public, the ERTL property
will be closed until a property inventory and site management plan are developed. This plan will
recommend how to provide appropriate visitor infrastructure and services while protecting the
natural and cultural resources on the site. OSMP intends to complete this plan over the next 12
months, and the acquisition budget will fund the development of this plan. Given what staff
knows about the property, actions to protect resources will be especially important. Staff
recommends that the property be designated as a Habitat Conservation Area similar to adjoining
Windhover Ranch. This designation recognizes the known resource values of the property and is
consistent with the Habitat Conservation Area designation of the surrounding and nearby lands
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in the Boulder Creek floodplain. Given the seasonality of nesting bald eagles, the property has
been, and will be recommended to be closed to the public and most staff from November 1 to
July 31. However, with OSMP’s purchase of this property a new opportunity for the public
would exist in the seasonal window of August to October, when staff would lead scheduled,
guided hikes on subjects ranging from wildflowers to geology. These visits would be carefully
arranged to protect vulnerable biological and cultural resources on the property. The East
Boulder-White Rocks trail is located on the eastern edge of the property. There are no plans for
further trail development.
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