01.17.24 OSBT PacketOpen Space Board of Trustees
January 17, 2024
OSBT meetings are moving to a hybrid format with
options for in-person and virtual attendance
MEETING AGENDA
(Please note that times are approximate.)
I. (6:05) Approval of the Minutes
II. (6:10) Public Comment for Items not Identified for Public Hearing
III. (6:35) Matters from the Board
A. Trustee questions on Written Memo items or public comment
IV. (6:45) Matters from the Department
A. High-Level Strategic Guidance informing annual budget and work plan
development (45 minutes)
B. *Request from City of Boulder’s Utilities department to permanently use
and manage an approximately 2.2-acre portion of the Van Vleet Open Space
property to construct, access, operate and maintain elements of the South
Boulder Creek Flood Mitigation Project, together with:
1. Proposed conveyance of approximately 119 acres of land and 30.2
shares of Dry Creek Ditch #2 water rights to the City for Open
Space purposes and management by the Open Space and Mountain
Parks department.
2. Temporary use and restoration of approximately 1.9 acres of the
Van Vleet Open Space property for construction as well as
ongoing, periodic maintenance access related to the South Boulder
Creek Flood Mitigation Project.
3. Proposed mitigation, restoration and monitoring work associated
with the South Boulder Creek Flood Mitigation Project, including
the comprehensive restoration of the 119 acres of land described
above.
4. The associated annexation and redesignation of a portion of the
city-owned Van Vleet Open Space property with an OS-A
designation under the Boulder Valley Comprehensive Plan.
*NOTE: There will not be OSBT deliberation or consideration of this
request at this meeting, and no public testimony will be taken.
C. Director verbal updates (5 min)
V. (9:20) Adjourn
Written Information
A. Request from Public Service Company of Colorado (dba Xcel Energy) and on behalf of
Comcast/Xfinity, CenturyLink/Lumen and the City of Boulder Innovation and
Technology department to approve utility agreements for the use of certain City of
Boulder Open Space lands to install and maintain subsurface electric and
telecommunication utilities via open trenching or boring pursuant to the disposal
procedures of Article XII, Section 177, of the City of Boulder Charter
Open Space Board of Trustees
Members:
Dave Kuntz
(2019-2024)
Harmon Zuckerman
(2023-2025)
Michelle Estrella
(2021-2026)
Jon Carroll
(2022-2027)
Brady Robinson
(2023-2028)
Open Space Board of Trustees
*TENTATIVE Board Items Calendar
(Updated January 3, 2024)
February 14, 2024 February 22, 2024
Joint OSBT-City Council Public
Hearing
March 13, 2024
Matters from the Board:
• Trustee questions on
Written Memo items or
public comment (20 min)
Action Items:
• Utility Agreements
related to
undergrounding utilities
in the Chautauqua area
(35 min)
Matters from the Department:
• Fee study overview
update (25 min)
• Prairie Dog Management
Community Meeting
report out and 2024 plans
(50 min)
• Director verbal updates
(5 min)
South Boulder Creek Flood
Mitigation: City Utility's Request
for permanent use and management
of OSMP Land for flood mitigation
purposes:
Part 1: Staff Presentation and Public
Hearing (180 min)
Matters from the Board:
• Trustee questions on
Written Memo items or
public comment (10 min)
• Outgoing Board Member
proclamation (10 min)
Action Items:
• South Boulder Creek
Flood Mitigation: City
Utility's Request for
permanent use and
management of OSMP
Land for flood mitigation
purposes:
Part 2: OSBT
Deliberations and
Consideration of the
Request (No additional
Public Testimony) (120
min)
Matters from the Department:
• Fort Chambers-Poor Farm
Site Management Plan
Update (60 min) – NOTE:
this item will take place at
the beginning of the
meeting
• Director verbal updates (5
min).
*All items are subject to change. A final version of the agenda is posted on the webpage the week of the
OSBT meeting.
OPEN SPACE BOARD OF TRUSTEES
Action Minutes
Meeting Date December 6, 2023
Record of this meeting can be found here: https://bouldercolorado.gov/government/watch-board-
meetings (video start times are listed below next to each agenda item).
BOARD MEMBERS PRESENT
Dave Kuntz, Chair
Michelle Estrella, Vice-Chair
Jon Carroll
Brady Robinson
Harmon Zuckerman
OSMP STAFF MEMBERS PRESENT
Dan Burke Jeff Haley Jennelle Freeston Brian Anacker Leah Russell
Sam McQueen Heather Swanson Kacey French Juliet Bonnell
GUESTS FROM CLIMATE INITIATIVES
Brett Kencairn, Senior Policy Advisor
CALL TO ORDER
The meeting was called to order at 6:00 p.m.
AGENDA ITEM 1 – Approval of the Minutes (3:30)
Michelle Estrella moved the Open Space Board of Trustees to adopt the minutes from Nov. 8, 2023 as
amended. Harmon Zuckerman seconded. This motion passed unanimously.
AGENDA ITEM 3 – Public Participation for Items not Identified for Public Hearing (5:20)
None.
AGENDA ITEM 4 – Matters from the Board (6:30)
The Board expressed their support of the Gebhard project and like that it is moving forward. They
additionally expressed their appreciation for the update on the Fort Chambers project and look forward to
being joined by Tribal Representatives potentially in March.
The Board reviewed the most recent draft of the Open Space Board of Trustees (OSBT) Rules of
Procedure.
Brady Robinson moved the Open Space Board of Trustees to adopt the OSBT Rules of Procedure
as amended on December 6, 2023. Jon Caroll seconded. This motion passed unanimously.
AGENDA ITEM 5 – Public hearing and consideration of a staff recommendation to the Open
Space Board of Trustees on assigning management area designations to specific Open Space and
Mountain Parks properties that are without a designation (25:50)
Kacey French, Planning Senior Manager, and Juliet Bonnell, Planner, presented this item.
The Board discussed assigning the management area designations of the proposed areas and asked
questions including on the trajectory of anticipated designations and impacts to acreage, what changes on
the ground if designations changed; and if having a designation impacts the speed in which infrastructure
and/or trails are built.
Agenda Item 1 Page 1
Public Comment
None.
Motion
Harmon Zuckerman moved the Open Space Board of Trustees to:
1)recommend that the Boulder City Council approve inclusion of the Depoorter II
property as part of the Southern Grasslands Habitat Conservation Area, and
2)recommend that the Boulder City Council approve inclusion of the Campbell
Overlook and Lauffenberger properties as part of the Tallgrass Prairie East Habitat
Conservation Area.
Michelle Estrella seconded. This motion passed unanimously.
The Board additionally expressed their unanimous support for the staff recommendation on the
open/closed status for the other six recommended management area designations that do not require City
Council approval.
AGENDA ITEM 6 – Matters from the Department (1:19:43)
Brian Anacker, Science and Climate Resilience Sr Manager, Alycia Alexander, Senior Policy Analyst,
and Brett Kencairn, Senior Policy Advisor, presented the “Update on Climate Action” item. The Board
discussed staff’s proposed questions: how would you approach reducing visitor emissions without
increasing ecological impacts or equity barrier? And are there topics or potential strategies you want to
learn more about.
Public comment was re-opened after this agenda item concluded and had one speaker, Lynn Segal
(2:30:00).
Dan Burke gave several updates including a reminder to the Board on the upcoming community meeting
on Prairie Dog Management and Restoration of Irrigated Agricultural Fields. Heather Swanson added
some more information regarding communication surrounding this meeting, the expectation of good
attendance, and that presentations can be found online. The meeting will take place on Monday,
December 14 and will be held virtually.
ADJOURNMENT – The meeting adjourned at 8:50 p.m.
These draft minutes were prepared by Leah Russell
Agenda Item 1 Page 2
MEMORANDUM
TO: Open Space Board of Trustees
FROM: Dan Burke, Director, Open Space and Mountain Parks
Lauren Kilcoyne, Deputy Director of Central Services
Samantha McQueen, Business Services Senior Manager
DATE: January 17, 2024
SUBJECT: High-Level Strategic Guidance Informing Annual Budget and Work Plan
Development
________________________________________________________________________
At the September 2023 Open Space Board of Trustees (OSBT) retreat, the OSBT and department staff
discussed adjusting the schedule for upcoming budget presentations during 2024 business meetings.
In recent years, staff have presented on the budget development process in five (four in 2023)
consecutive business meetings, generally occurring from April-August. At the 2023 retreat, the OSBT
and staff committed to piloting a new process wherein the OSBT would reduce the number of the
typical spring and summer budget presentations but would add a discussion late in the fiscal year in
advance of budget development that focuses on high-level strategic guidance (i.e. OSMP’s Strategic
Enhancements, Tier One Master Plan strategies, and/or the city’s Sustainability, Equity and Resilience
(SER) Framework).
This staff update will serve as the first OSBT agenda item related to 2025 budget development and
will focus on high-level strategic guidance OSMP utilizes to help develop and prioritize its budget and
work plan. One such guidance document is referred to as OSMP’s Strategic Enhancements. In
previous budget cycles, strategic enhancements have been referenced in budget materials, but OSBT
was not specifically asked to discuss this topic. Staff looks forward to OSBT feedback around
whether this type of review moving forward is useful in supporting budget development and Master
Plan Implementation.
Since at least 2015, the department has generated an internal list of strategic enhancements (previously
called department priorities) which is used to communicate with staff around the goals for the
upcoming year. In addition, in 2019 with the acceptance of OSMP’s Master Plan, 10 Tier One
Strategies were identified as most important to emphasize. While core services are delivered on an
ongoing basis, in any year there may be a few major projects or initiatives that require enhanced
department-wide work, attention, and investment, subject to budget availability. Staff have aligned
their work plans to the strategic enhancements and Master Plan strategies to ensure that staff capacity
and dollars are in support of the department and community objectives. Before the 2019 Master Plan
was developed, examples of strategic enhancements included flood recovery and meeting FEMA flood
deadlines, completion of major planning initiatives, implementation of major projects called for in
approved plans, consolidating multiple OSMP office locations into the HUB, and more. Development
of strategic priorities evolved through the Master Plan process. Through the 2019 Master Plan, staff
engaged the community and the OSBT in setting a ten-year vision for the department. Strategies were
categorized into tiers, with Tier One strategies representing work that the department would seek to
accelerate and increase investment in over the ten-year horizon. Table 1 represents the Tier One
Master Plan strategies.
Agenda Item 4A Page 1
Table 1: Master Plan Tier One Strategies
Within the Master Plan, the department outlined potential funding scenarios (constrained, restored,
and full) with guidance around investment in Tier One strategies depending on department funding.
From 2020 through 2022 as the department experienced changes in sales tax increments and revenue
impacts from COVID-19, the department was operating in a constrained funding scenario. Master
Plan guidance stated that limited funding should focus on accelerating Tier One strategies first, with
investment in Tier Two and Three strategies only as capacity allows. In 2023, the department returned
to a restored funding level, with guidance stating that additional funding should scale up work on Tier
One strategies, with improved investment levels for Tier Two and Three strategies. The budget
materials submitted to OSBT each year include information on Master Plan investment by Tier, which
demonstrate that the department has been implementing on this Master Plan guidance.
Since adoption of the Master Plan, the department strategic enhancements generally have tied, directly
or indirectly, to the Tier One strategies. The OSBT may notice that OSBT business meeting content is
also generated based in part on strategic enhancements and Tier One strategies to ensure that staff are
providing the OSBT with updates around work that was identified as top priority. Instead of setting
strategic enhancements on an annual basis, the department shifted to two-year strategic enhancements.
One goal was to take the ten-year Master Plan vision and to use strategic enhancements to signal to
staff which specific strategies and outcomes the department would focus even more on accelerating
over the next two years. This assisted staff in aligning work plans but also helped to communicate the
reasons behind department decision-making, for example why some projects would receive CIP
funding or added personnel dollars while other requests were deferred, denied, or to receive reduced
funding. The department continues to deliver on work beyond the Tier One strategies, and all the core
projects and programs are important to delivering service to the land system and community.
However, this approach ensures that the department implements the community priorities for
acceleration reflected in the Master Plan.
During the 2023 OSBT retreat, staff provided OSBT with the list of more recent strategic
enhancements, and some accomplishments within those strategic enhancements over the last two
years. The goal of providing this information was to demonstrate the department’s approach to Tier
One acceleration and to brainstorm how the OSBT may wish to engage in review of the 2024-2025
Agenda Item 4A Page 2
strategic enhancements. More recent as well as the draft 2024-2025 strategic enhancements are
reflected here to support discussion during the January 2024 business meeting.
Recent OSMP Strategic Enhancements
Information on strategic enhancements as presented during the 2023 OSBT retreat is included below.
The list of accomplishments is not meant to be comprehensive and is more intended to illustrate how
the department has approached the concept of Tier One acceleration through strategic enhancements.
Though something may only be called a strategic enhancement for two years, that does not mean that
the department stops working on these items after the two-year period ends. The two-year period
signifies increased focus and investment to accelerate work, but that work is often maintained and
becomes operationalized once accelerated.
Make Additional Investments in Equity Programming
Linked Master Plan Tier One strategies: CCEI.1) Welcome diverse backgrounds and abilities; CCEI.2)
Enhance communication with visitors.
•Through the 2024 budget, converted a temporary Bilingual Education and Outreach Senior
Representative to a standard Bilingual Senior Representative to ensure ongoing capacity to
support bilingual programming and to add capacity during winter months beyond the previous
9-month per year temporary employment term.
•Through the 2024 budget, converted a temporary Junior Ranger Program Sr Coordinator to
fixed-term/standard Junior Ranger Program Sr Coordinator to provide enhanced capacity to
recruit and retain diverse youth (including LatinX and Spanish-speaking youth).
•In 2023, for the 2nd year, hired a Temporary Bilingual Junior Ranger Program Sr Coordinator
to provide outreach to Spanish-speaking families, and to recruit and support bilingual Junior
Ranger youth employees. This role also continued to support the YSI-JR Middle School crew
partnership with Parks and Recreation, which serves low-income youth in Boulder, often from
Spanish-speaking families.
•Within the existing budget to hire ~115 Junior Rangers, increased focus on recruiting and
hiring diverse youth employees in the Junior Ranger program. Continued to track metrics in
Annual Junior Ranger Program Report.
•Continued investment in contracts with LatinX partners including El Centro Amistad to
provide project input and community feedback, for example running focus groups to develop
Spanish-language interpretive materials at Sawhill Ponds and other locations.
•Adjusted work plans for existing staff to lead citywide equity initiatives as called for in the
Racial Equity Plan. On behalf of the city, OSMP developed a citywide baseline equity
assessment and served as the pilot department to complete the baseline assessment. Through
this project, OSMP surveyed over 100 employees on the current state of equity in OSMP,
created a baseline equity report, and used the data from this report to create a template
Department Equity Plan which all city departments will use to guide internal equity work.
OSMP will be the first department to create an internal Department Equity Plan in 2024.
OSMP also trained other departments on how to administer the assessment to support citywide
adoption of this process.
•Adjusted work plans for existing staff to become equity trainers to support the city
requirement for all staff to complete equity training. Four OSMP staff served as “train the
trainers” for city Bias and Microaggression, Advancing Racial Equity: The Role of
Government, and Racial Equity Instrument training.
•OSMP became the first department in the city to establish a “Justice, Equity, Diversity and
Inclusion” (JEDI) team, and wrote a toolkit and trained other departments around how to
create and run JEDI teams. The OSMP JEDI team set and completed two-year work plans
focused on bilingual communications, helping to write and adopt the city tribal land
Agenda Item 4A Page 3
acknowledgement, and creating equity training for all OSMP seasonal and temporary
employees which is delivered on the first day of employee orientation.
•Increased Spanish bilingual programming offered by the Education and Outreach staff in
partnership with community-based organizations for the community.
•Advanced partnerships with community-based organizations serving LGBTQIA+ community.
Increased programming for LGBTQIA+ community offered by Education and Outreach staff.
•OSMP was a leader in coordinating and leading City-Tribal Consultation in 2022 and 2023.
Through multi-day Consultation, city and tribal representatives completed a final draft of an
updated Memorandum of Understanding that will help guide our partnership with over 14
federally recognized tribal nations.
•OSMP led engagement with tribal representatives on major projects including the renaming of
The People’s Crossing, Fort Chambers-Poor Farm Site Management Plan, and the
development of an Ethnographic Report that will serve as a framework for future education
and interpretation efforts.
•As part of the annual Performance Goal setting, every OSMP supervisor had at least one goal
related to advancing equity efforts.
Increase and Operationalize Funding for Agricultural Management
Linked Master Plan Tier One strategies: ATT.1) Reduce maintenance backlog for agriculture and
water infrastructure; ATT.2) Increase soil health and resilience; ATT.3) Address conflicts between
agriculture and prairie dogs.
•Increased program funding to add a new temporary crew (4 positions) focused on Agricultural
Land Restoration. Additionally, through the budget process created a new standard
Agricultural Lands Restoration Crew Lead to provide day to day support for the temporary
crew and to increase program capacity (1 position).
•Converted a fixed-term Agricultural Program Manager to standard ongoing to ensure ongoing
capacity to address the maintenance backlog for agricultural infrastructure.
•Converted a fixed-term Prairie Dog Management Coordinator to standard ongoing to ensure
ongoing capacity for this program.
•Converted an Agricultural Program Manager to an Agricultural Senior Program Manager
focused on soil health and carbon sequestration and removed the fixed-term end date to ensure
ongoing capacity for this program.
•Operationalized pilot funding (removed funding end date) to ensure $200,000 is available in
non-personnel dollars per year for barrier fencing in the annual budget.
•Partnered on soil health training and conferences across the state.
•Through the budget process, added a new Water Resources Program Manager to address the
backlog for water infrastructure with an additional focus on managing ditch fuels.
•Increased the budget for ditch assessments, which are fees paid to ditch companies based on
our shares of ownership, to reflect increased cost of ditch maintenance across the system.
•Invested roughly $1 million per year in Capital Improvement Program (CIP) dollars for
implementation of the “Preferred Alternative Approach” for managing irrigable agricultural
fields Occupied by Prairie Dogs and showing signs of soil loss, ecological impact, and loss of
agricultural viability.
•Completed OSBT and Council review of adjustments to prairie dog management moving into
2024.
Accelerate Efforts in Science and Climate Resilience
Linked Master Plan Tier One strategies: ATT.2) Increase soil health and resilience; EHR.1) Preserve
and restore important habitat blocks and corridors; EHR.2) Update and continue implementing system
plans guiding ecosystem management; EHR.3) Address the global climate crisis here and now.
Agenda Item 4A Page 4
•Created a new OSMP workgroup focused on Science and Climate Resilience.
•Converted the existing Science Officer position to be the manager of this new program.
•Repurposed one Business Analyst position to serve as the department’s first Climate Policy
Senior Analyst.
•Completed the first department carbon audit.
•Awarded over $600k in first year Climate Tax dollars in support of department climate
projects.
•Developed and adopted department adaptive management framework.
•Convened a cross-functional staff Science Team to focus on consistent methods, practices, and
data analysis.
•Performed baseline inventory assessments around natural resource condition.
•Launched natural resource asset classes in Beehive system to inform capital maintenance in
Forestry, Agricultural Fencing, Water Infrastructure, and Vegetation.
•Created the first ever synthetic map of ecosystem condition for internal use.
•Utilized funded research dollars to fund studies related to climate resilience.
•Hosted Front Range Open Space Research Symposium.
•Hosted enhanced staff trainings on OSMP research and monitoring.
•Partnered with Climate Initiatives to support citywide climate efforts.
2024-2025 Strategic Enhancements
As we look towards 2024-2025 strategic enhancements, Master Plan Tier One strategies will remain a
priority and will be critical in driving how we resource and accomplish our work. Additionally, in late
2023 city staff began to develop the first citywide strategic plan for staff. This strategic plan will help
to share with the community the ways that departments come together to accomplish communitywide
goals. While plan development is still in process, we know the plan will link to the city’s
Sustainability, Equity, and Resilience (SER) framework (Attachment A). At the highest level, the
SER framework outlines the city’s commitment to supporting and further building a community that
is:
•Safe
•Healthy & Socially Thriving
•Livable
•Accessible & Connected
•Environmentally Sustainable
•Responsibly Governed; and
•Economically Vital
Through the 2025 budget process, departments will be expected to link funding and budget
programming to SER objectives. OSMP staff will work over the winter to understand how to present
budget materials to the OSBT in a way that reflects both the Master Plan and the citywide strategic
plan and SER. This may require adjustment to the way the department organizes budget programs.
For example, investments in Ranger Services are currently reported as part of the Community
Connections, Education, and Inclusion (CCEI) focus area and the department’s Community
Connections and Partnerships division. It may be useful for budget purposes to list “Ranger Services”
as its own program or sub-program so it can link to the “Safe” objective of the SER framework and
can therefore be communicated alongside Police and Fire investments citywide, while internally we
continue to track Ranger investments as part of our work to accomplish CCEI goals.
Just as work will continue around past strategic enhancements now that we have accelerated work in
those areas, work on the 2024-2025 strategic enhancements may have started before 2024 but will be
Agenda Item 4A Page 5
increasing over the next two years. The OSMP Director’s Team has created the following strategic
enhancements for 2024-2025. Because the 2024 budget development cycle started in spring of 2023,
some work has already been accomplished to increase staffing and resources for these programs. The
accomplishments towards these strategic enhancements as outlined in the September 2023 OSBT
retreat are reflected below.
Wildland Fire Resilience Programming and Planning
Linked Master Plan Tier One strategy: EHR.1) Preserve and restore important habitat blocks and
corridors; EHR.2) Update and continue implementing system plans guiding ecosystem management;
EHR.3) Address the global climate crisis here and now.
“The Why”: Wildland Fire Resilience is a component of Climate Action, which is a Tier One Master
Plan Strategy. Climate Resilience is now a specific “program area” of the department. Continued
enhanced attention is needed around Wildfire Resilience to ensure we remain focused on planning for
and implementing effective, collaborative, and enhanced land management actions with a goal of
reducing the risk of catastrophic wildfire and preventing the loss of life and property, avoiding GHG
emissions as part of a broader climate resilience strategy, and striving for habitat enhancement
opportunities and the need to account for all the open space charter purposes. Recent fires have
demonstrated that we not only need to continue the great work the department is currently doing but
that enhanced planning, collaboration, and resources are needed to accelerate efforts.
Through this strategic enhancement, the department will, among other actions:
•Accelerate on-the-ground, landscape-level mitigation and prevention actions (e.g prescribed
burn; ditch fuels, forest health, invasive weeds mitigation, prescribed grazing).
•Identify and implement tailored land management strategies/actions within ‘high priority
areas” of OSMP’s Wildland-Urban Interface (WUI).
•Mature and strengthen cross-departmental and interagency collaboration and coordination.
•Update and develop plans and policies with respect to wildfire mitigation (e.g FEMP; A WUI
Plan; Ag Plan and GMAP; CWPP).
•Enhance OSMP’s ability to effectively respond and recover from wildfire on or adjacent to
OSMP.
Accomplishments as part of the 2024 budget development process leading up to this 2024-2025
strategic enhancement include:
•Increasing the Forestry crew from eight employees to 13 through one-time Climate Tax
dollars in 2023 and operationalizing this funding in the Open Space Fund beginning in 2024.
•Completed Red Card firefighting training and certification for 20 Rangers and the Forestry
Crew to support wildland fire operations.
•Added 1 FTE Water Resources Program Manager in 2023 to accelerate ditch fuels mitigation
•Created the department’s first Wildland Fire Sr Program Manager position in 2023 to enhance
capacity for this work in 2024 and beyond. This position presented to the OSBT during the
2023 retreat and again in a fall business meeting around program plans for 2024.
•Adjusted work plans for 10 Vegetation crew members to focus on Tall Oatgrass management
in 2022 and 2023
•Trained eight Education and Outreach employees based on lessons learned in recent fires to
support visitor awareness, trail closures, and evacuations in the event of a fire.
•Expanded forest health/fire mitigation prescriptions.
•Expanded prescriptive grazing as a fuel mitigation tool.
•Began to develop a specific Wildland Urban Interface Fuel Management Plan.
•Developed final prescribed burn plan covering more of the OSMP system.
Agenda Item 4A Page 6
• Initiated a new Detailed Fire Response Plan for OSMP to be completed in 2024.
• Delivered enhanced trainings to staff and hosted preparedness tabletop exercises with OSMP,
Utilities, and Fire staff.
• Was a leader in establishing and coordinating a City Core and Executive Team on Wildfire
Resilience.
• Participated in updating the city’s Community Wildfire Protection Plan Update which will
continue in 2024.
Enhanced Presence on the Land
Linked Master Plan Tier One strategies: RRSE.1) Assess and manage increasing visitation; CCEI.2)
Enhance communication with visitors.
“The Why”: One key strategy related to “RRSE.1) Manage for Increasing Visitation” is having robust
presence out on the system in various forms. When visitors arrive and sense that the OSMP land
system is well cared for and they see and encounter uniformed staff and volunteers, this leads to
visitors having a greater respect for the land and aptitude for “recreating responsibly”. While we
already have solid presence out in the field, this strategic enhancement challenges staff to continue to
identify and implement actions and shifts that will lead to an even more coordinated and enhanced
presence at and near our highly visited trailheads and trails. This, in turn, will increase the number of
meaningful visitor contacts.
Through this strategic enhancement, the department will emphasize:
• Greater staff and volunteer “presence on the land,” especially at our highly visited areas on the
system, encouraging responsible recreation and create enjoyable experiences.
• Enhancing volunteer presence out on trails and trailheads such as piloting a Dog Ambassador
Program, enhancing our Volunteer Ambassador and Trail Guide programs, and increasing
volunteer workdays out on the land.
• A more enhanced and coordinated approach to Ranger, Outreach and Education staff presence
and programming out at our busiest trails and trailheads, including a more sustained and
consistent presence at our trailheads along the mountain backdrop: Doudy Draw, South Mesa,
South Boulder Creek, Shanahan Ridge Access points, Chautauqua, Wonderland Lake,
Sanitas/Red Rocks, and along the Flagstaff Corridor,
• Shifting more education and outreach programming to take place out on the land.
Accomplishments as part of the 2024 budget development process leading up to this 2024-2025
strategic enhancement include:
• Increasing the temporary Ranger program from 3 employees in 2022 to 5 employees in 2023
• Through the 2024 budget, converting three of these temporary Rangers to fixed-term standard
to increase capacity and employee retention.
• Repurposing a vacant Trails Supervisor position in 2023 to serve as a third Ranger supervisor
in 2024 to address span of control and land presence.
• Piloting the “Outreach Ranger” concept by hiring two additional temporary staff in Education
and Outreach to support outreach patrol.
• Enhancing volunteer presence out on trails and trailheads such as continuing the Dog
Ambassador Pilot Program and enhancing our Volunteer Ambassador and Trail Guide
programs.
• Increasing patrol and outreach by Ranger and E&O staff at our busiest trails and trailheads.
• Training staff crews across the department on public engagement to enhance field crew
presence and engagement with visitors.
Agenda Item 4A Page 7
Looking Ahead: Prioritized, Integrated Work Planning
Linked Master Plan strategies (note that Financial Sustainability strategies were not assigned to Master
Plan tiers): FS.3) Understand total cost of system management; FS.4) Take care of what we have;
FS.10) Update planning framework.
“The Why”: OSMP’s work planning goal is to develop a prioritized and integrated multi-year work
plan that captures a sufficient level of detail about upcoming actions and projects, ideally across a 6-
year time horizon. While unforeseen, emergent work will come our way, we need to continue to strive
to better understand the actions/projects/programs/plans we intend to implement 3, 4, 5 and 6 years
from now and to estimate the costs and resources required to implement them. Capturing a 6-year
vision is valuable for many reasons as it will help confirm the department has the resources on-hand to
successfully accomplish this vision. A 6-year vision will also ensure integration and connection to the
OSMP Master Plan, the citywide Strategic Plan, and the city’s Sustainability, Equity and Resilience
Framework. In addition to annual and multi-year work planning, the Master Plan calls for OSMP to
update its Planning Framework and refine its planning methods, approaches, and products to better
inform and prioritize the efficient use of limited funding. OSBT has recently expressed support for
staff developing and describing this refined Planning Framework during its 2023 retreat. Refining the
Planning Framework will help identify planning and policy needs over a 6-year time horizon and will
help ensure existing plans remain relevant by incorporating implementation actions that have been
completed and/or any policy related changes that have occurred since plan adoption.
Through this strategic enhancement, the department will emphasize:
• Work Groups/Service Areas collaboratively develop a 6-year project list that is balanced,
prioritized, integrated with citywide plans, and considers both budget and staff capacity.
• Workgroups, especially those directly involved with asset management and maintenance, will
describe, prioritize, and estimate the resources that will be required over a 6-year time horizon
to protect, maintain, restore and/or enhance system “assets” such as trails, trailheads, signage,
fencing, water infrastructure, cultural resources, buildings/structures, etc. The goal for a 6-year
“plan for asset management” also includes a 6-year list of priority projects related to
maintaining and restoring our natural resources (e.g. vegetation, wetland and wildlife).
• Projects, actions, and programs in the Compass system, whether under CIP or Operating, are
linked to the Master Plan, the SER Framework, and City Strategic Plan and can be effectively
and efficiently tracked, assessed, and reported out on.
• Develop and describe OSMP’s revised Planning Framework. As part of this framework:
o Identify and prioritize specific elements of existing plans that need updating and
develop a feasible, sequenced timeframe for these updates. There may be specific
circumstances that call for an entire plan to be updated as well as the need for new
plans.
o Prioritize and document implementation progress that has occurred and determine
how best to incorporate implementation tracking into the existing plans.
o Determine how to best incorporate any new relevant policies that have been
updated/approved since plans were adopted.
Accomplishments as part of the 2024 budget development process leading up to this 2024-2025
strategic enhancement include:
• OSMP continued to utilize its work plan steering team to make annual improvements to the
work planning system. Enhanced reporting on investment by Tier, Master Plan focus area,
and Master Plan strategy as well as information on CIP investment type (e.g., enhancement,
maintenance) was made available to OSMP through the budget process.
Agenda Item 4A Page 8
•The city launched a new budget tool called OpenGov which improves budget transparency for
the public. OSMP established budget program areas which link to the Master Plan and the
organizational structure and on a pilot basis, connected these programs to SER framework
objectives. These will need to be refined during the 2025 budget process as the city develops
its strategic plan.
•OSMP Director’s Team members participated in focus groups for each SER framework
objective to assist in the creation of an upcoming citywide strategic plan.
•Converting a temporary Planning Coordinator to a three-year fixed-term standard to support
the development of the updated framework and review of current plans and plan
accomplishment.
•OSBT review of planning approach during the September 2023 retreat.
Next Steps/Guiding Questions
This staff update and the discussion at the January business meeting represent a pilot of the new
budget cadence discussed by the OSBT and staff at the 2023 retreat. Staff are open to OSBT feedback
regarding this approach and understanding OSBT interest in engaging in discussions on strategic
enhancements, Tier One Master Plan strategies, the city’s SER Framework to inform the upcoming
2025 budget cycle and out-year approach. To help discussion, staff poses the following questions to
the OSBT:
1.Is there a particular past or current Strategic Enhancement the OSBT is interested in having a
greater understanding of?
2.Is there a particular Tier One strategy the OSBT is interested in having a greater understanding
of in terms of how OSMP is elevating this area?
3.Is the OSBT interested in having a greater understanding of the city’s SER Framework and
how/why SER is becoming an important consideration in budget and work plan development
for city departments?
4.Because the department has already submitted the 2024 budget, does the OSBT wish to
provide any other high-level strategic guidance regarding accelerations for 2025-2026?
After the January business meeting and considering OSBT feedback, the department will move
forward with finalizing its draft of the 2025 budget. In February, the department will have a work
planning input sprint to enter project requests for the 2025 CIP and to refine the 2024 work plan based
on any changes that have occurred since 2024 work plan review last fall. Internal 2025 budget
development work will continue through Q1 and into Q2, and staff will implement the new OSBT
review cadence discussed at the 2023 retreat, with a likelihood of three budget touches for OSBT in
late spring and summer of 2024 and a fourth later in Q4/early Q1 2025 that will look ahead towards
2026 budget development.
Attachments:
•Attachment A: Sustainability, Equity, and Resilience Framework
Agenda Item 4A Page 9
MEMORANDUM
TO: Open Space Board of Trustees
FROM: Dan Burke, Director, Open Space and Mountain Parks
Lauren Kilcoyne, Deputy Director
Bethany Collins, Real Estate Sr. Manager
Don D’Amico, Senior Resource Project Manager
DATE: January 17, 2024
SUBJECT: Request from City of Boulder’s Utilities department to permanently use and manage an
approximately 2.2-acre portion of the Van Vleet Open Space property to construct,
access, operate and maintain elements of the South Boulder Creek Flood Mitigation
Project, together with:
1. Proposed conveyance of approximately 119 acres of land and 30.2 shares of Dry
Creek Ditch #2 water rights to the City for Open Space purposes and
management by the Open Space and Mountain Parks department.
2.Temporary use and restoration of approximately 1.9 acres of the Van Vleet Open
Space property for construction as well as ongoing, periodic maintenance access
related to the South Boulder Creek Flood Mitigation Project.
3. Proposed mitigation, restoration and monitoring work associated with the South
Boulder Creek Flood Mitigation Project, including the comprehensive restoration
of the 119 acres of land described above.
4.The associated annexation and redesignation of a portion of the city-owned Van
Vleet Open Space property with an OS-A designation under the Boulder Valley
Comprehensive Plan.
________________________________________________________________________
EXECUTIVE SUMMARY
The purpose of this memo is to provide initial notice and written information to the Open Space Board of
Trustees (OSBT) around a request received by the Open Space and Mountain Parks department (OSMP)
on Dec. 15, 2023 from the City of Boulder’s Utilities department (Utilities) to transfer to Utilities the
permanent use and management of an approximately 2.2-acre portion shown on Attachment A, Figure 1
(Transfer Area) of the City-owned Van Vleet Open Space (OSMP Property, Attachment B) necessary to
construct, access, operate and maintain floodwall, outlet works, and groundwater conveyance system
infrastructure as part of Utilities’ South Boulder Creek Flood Mitigation project (Flood Project). The
request documents, except for the title reports, can be found as Attachment C. The Flood Project is
intended to protect life and safety by addressing flooding in the area known as the West Valley via
construction of a regional detention facility and floodwall upstream of US Highway 36. While this memo
is intended to support an agenda item on this topic at the Jan. 17, 2024, OSBT meeting, there is no staff
recommendation being made nor is any Board action on this request by Utilities being sought at this time.
Both an OSMP staff recommendation and OSBT consideration and deliberation on this request is
expected later in early-2024, currently scheduled as follows:
•A joint OSBT-City Council Public Hearing on this matter is scheduled for February 22.
•Following public testimony on February 22, the OSBT will consider and deliberate on this matter
at its March 13 Regular Meeting (no additional public testimony will be taken).
Agenda Item 4B Page 1
• Following public testimony on February 22 and the March 13 OSBT meeting, City Council will
consider and deliberate on this matter at its March 21 meeting (no additional public testimony
will be taken).
The Utilities request comes after many years of analysis, project design and planning activities involving
the OSMP Property and the adjacent property owned by the University of Colorado (CU), generally
known as “CU South,” (Attachment A, Figure 6) and numerous board and council meetings and
extensive public engagement. Certain elements of the CU South Annexation Agreement and a June 9,
2021 OSBT resolution are also coupled to elements of this request as further detailed in this memo.
Consistent with the City of Boulder Open Space and Mountain Parks Department Guidance for License
and Disposal Requests Involving Open Space Lands (March 2022) (OSMP’s L&D Guidance), the request
received from Utilities describes the expected temporary and permanent impacts to the OSMP Property
from the Flood Project, as well as the proposed dedication of land and water rights to OSMP, and
mitigation, restoration, and monitoring plans to address Flood Project impacts including:
1. As detailed in the CU South Annexation Agreement, and contingent upon full permitting of the
Flood Project (which includes approval to use the Transfer Area), the city intends to acquire
approximately 119 acres of land currently designated as OS-O under the Boulder Valley
Comprehensive Plan (BVCP) shown in Attachment A, Figure 6 (OS-O Site), as well as 30.2
shares of Dry Creek No. 2 ditch shares (Water Rights) from CU using Utilities enterprise funds
and designate them for management by OSMP. If the transfer of the use and management of the
Transfer Area to Utilities is recommended and approved, OSBT will also be asked to provide a
recommendation on the acquisition of the OS-O Site and the Water Rights, consistent with
Article XII, Section 175(c) of the City of Boulder Charter. No Open Space funds will be used
towards the acquisition of the OS-O Site or Water Rights.
2. The Flood Project also proposes in collaborative partnership with OSMP to use the OS-O Site to
mitigate the unavoidable environmental impacts from the Flood Project. Restoration and
enhancement of the OS-O Site (Mitigation Project) includes increased floodplain and habitat
connectivity, wetland and upland habitat creation, protection of existing wetlands and threatened
and endangered species, and creation and/or enhancement of Ute ladies’- tresses Orchid
(Spiranthes diluvialis, “ULTO”) and Preble’s Meadow Jumping Mouse (Zapus hudsonius
preblei, “PMJM”) habitats. The Mitigation Project, generally diagrammed in Attachment A,
Figure 5, is designed to meet or exceed federal and local agency mitigation requirements. The
Mitigation Project will also address OSBT and OSMP staff recommendations and feedback for
how to compensate for the expected ecological impacts on OSMP property from the Flood
Project. While OSMP staff will provide expertise and oversight, no Open Space funds will be
used towards direct costs of the Mitigation Project.
If approved, management control of the Transfer Area will be transferred to Utilities and the OS-O Site
designated for management by OSMP. Since land cannot be conveyed between two city departments,
because title to all Open Space land is held by the City of Boulder, the transfer and designation will be
accomplished via an Interdepartmental Memorandum of Understanding (Conveyance IDMOU) following
the disposal process set forth in Article XII, Sections 175(a) and 177 of the City of Boulder Charter. The
Conveyance IDMOU will outline the terms and responsibilities related to the permanent use and
management of the Transfer Area to be transferred to Utilities’ management, as well as ongoing
maintenance access needs, and will include provisions for reversion if the Transfer Area is no longer used
or needed by Utilities in the future. It will also define the responsibilities and permitted use of the OS-O
Site by Utilities to execute the Mitigation Project as part of the Flood Project.
Agenda Item 4B Page 2
Additional agreements between Utilities and OSMP will include the long -term requirements and
responsibilities of the Flood Project (including the Mitigation Project and groundwater conveyance
system) detailed in a “Mitigation and Monitoring IDMOU,” as well as a “Temporary Construction
IDMOU” to guide the temporary construction impacts and restoration on approximately 1.9 acres of the
OSMP Property (Temporary Construction Area, shown on Attachment A, Figure 2). The Temporary
Construction Area will remain under the management of OSMP and will not be transferred to Utilities.
These agreements will provide specific terms and conditions related to temporary disturbance, access,
restoration, monitoring, maintenance, and departmental cooperation for the OS-O site, the groundwater
conveyance system and the areas temporarily disturbed by the Flood Project. The activities associated
with these IDMOUs do not require OSBT or City Council action.
Additionally, and in parallel with this request, Utilities is pursuing annexation of the approximately 4.1
acres of the OSMP Property utilized for the Flood Project so the entire Flood Project will be located
within Boulder city limits. Because the proposed annexation area is currently open space and designated
Open Space – Acquired (OS-A) under the BVCP, if the transfer of the use and management of the
Transfer Area to Utilities is recommended and approved, OSBT will also be asked to provide a
recommendation on the proposed annexation consistent with Article XII, Section 175(e) of the Charter.
In summary, this memo will detail:
- The request from Utilities to permanently transfer control, use and management of the
Transfer Area.
- Consistency of the request with the framework of OSMP’s L&D Guidance.
- The potential acquisition of the ~119-acre OS-O Site and Water Rights by the City for
transfer to OSMP management, which is contingent, in part, on approval of the transfer of the
use and management of the Transfer Area to Utilities.
- The use of the OS-O Site by Utilities for the Mitigation Project which is contingent on the
transfer of the use and management of the Transfer Area to Utilities and the acquisitions of
the OS-O site by the City and designation for management by OSMP.
- The use of approximately 1.9 acres of the OSMP Property during construction and for
periodic, ongoing maintenance access to the flood mitigation infrastructure.
- The proposed annexation of a portion of the OSMP Property to the City of Boulder, which is
only necessary if the transfer of the use and management of the Transfer Area to Utilities for
the Flood Project is approved.
- A discussion of the elements of the June 9, 2021, OSBT Resolution.
Terms used in this memo (in alphabetical order):
- BVCP – Boulder Valley Comprehensive Plan
- Conveyance IDMOU – IDMOU related to permanent transfer of the use and management of the
Transfer Area to Utilities and OS-O Site and Water Rights to OSMP as well as ongoing access rights
on the OSMP Property
- CU – University of Colorado
- CU South – ~300-acre property currently owned by CU (Attachment A, Figure 6); approximately
155 acres of which will be acquired by Utilities for the Flood Project and OS-O Site
- Flood Project – South Boulder Creek Flood Mitigation Project
- IDMOU – Interdepartmental Memorandum of Understanding
- Mitigation and Monitoring IDMOU – IDMOU related to the Mitigation Project on the OS-O Site and
monitoring of the groundwater conveyance system and environmental mitigation
- Mitigation Project – Restoration and enhancement of the 119-acre OS-O Site
- OS-A – OSMP Property designated as “Open Space – Acquired” under the BVCP; a portion of which
will be proposed for annexation if the transfer of the use and management the Transfer Area to
Utilities is approved
Agenda Item 4B Page 3
- OSBT – Open Space Board of Trustees
- OSMP – Open Space and Mountain Parks
- OSMP Property – Van Vleet Open Space property (Attachment B)
- OSMP’s L&D Guidance – Open Space and Mountain Parks Department’s Guidance for License and
Disposal Requests Involving Open Space Lands
- OS-O Site – 119 acres currently owned by CU to be acquired by using the Utilities enterprise fund,
dedicated to OSMP, and used for the Mitigation Project and Open Space purposes (Attachment A,
Figure 6)
- PMJM – Preble’s Meadow Jumping Mouse
- SBCSNA – South Boulder Creek State Natural Area
- T&E species – Species considered to be Threatened and Endangered under the Endangered Species
Act of 1973
- Temporary Construction Area – Approximately 1.9 acres of the OSMP Property needed for
construction during the Flood Project and ongoing, periodic maintenance access (Attachment A,
Figure 2)
- Temporary Construction IDMOU – IDMOU related to the use of the Temporary Construction Area
during the Flood Project and provisions for restoration of the area
- Transfer Area – Approximately 2.2 acres of the OSMP Property requested by Utilities for permanent
use and management for the Flood Project (Attachment A, Figure 1)
- ULTO – Ute ladies’-tresses Orchid
- USACE – U.S. Army Corps of Engineers
- USFWS – U.S. Fish and Wildlife Service
- Water Rights – 30.2 shares of Dry Creek No. 2 ditch shares currently owned by CU to be acquired by
Utilities, dedicated to OSMP and used for the Mitigation Project and other Open Space purposes
BACKGROUND/ANALYSIS
As outlined in OSMP’s L&D Guidance, for OSMP staff to adequately consider and provide a
recommendation for a disposal/transfer request, information is necessary to determine whether a disposal
will impact Open Space Charter purposes and resources; what overall benefits there may be to the city’s
Open Space program and system (as well as the general public); and what alternatives may be available
where the same goals can be achieved without the transfer/disposal of Open Space land. The following is
a summary of the requested materials received from Utilities to-date, assembled according to topic
sections in OSMP’s L&D Guidance:
I. Benefits and Impacts
a. Impacts and benefits to Open Space land, purposes, or uses
The Flood Project includes the permanent transfer of the use and management of the
approximately 2.2-acre Transfer Area to Utilities for flood mitigation infrastructure and the use of
the approximately 1.9-acre Temporary Construction Area during construction of the Flood
Project, as well as ongoing, periodic maintenance access to the flood mitigation infrastructure
within the same 1.9-acre corridor (see Attachment A, Figures 1 and 2). These areas of the
OSMP Property include high-value resources further described below, however, Utilities has
worked diligently to design the Flood Project to minimize impacts and maximize mitigation and
restoration, including reducing the acreage of OSMP Property needed for the Flood Project and
the acquisition and restoration of the OS-O Site and Water Rights for transfer to OSMP.
The OS-O Site (Attachment A, Figure 6) will be acquired pursuant to the CU South Annexation
Agreement and dedicated to OSMP for Open Space purposes. In addition to this OS-O site, the Water
Rights will be acquired and dedicated to OSMP to support the Mitigation Project and allow for future
management and irrigation needs within the Dry Creek #2 Ditch service area. While the OS-O Site will be
Agenda Item 4B Page 4
under the general management of OSMP, Utilities will have the performance obligations associated with
the Mitigation Project on the OS-O Site until the restoration goals and permit requirements have been
completed consistent with the capital improvement project and terms of the IDMOUs.
Areas within the Temporary Construction Area, and even possibly within the Transfer Area, will
also be restored to the degree possible under the guidance of OSMP staff consistent with the
Temporary Construction IDMOU, and the ongoing access route for periodic Flood Project
maintenance will be of minimum width and material necessary for vehicle and equipment access
and will be used by OSMP for access as well.
b. Impacts and benefits to OSMP programs and/or the general public
A flood mitigation plan for South Boulder Creek was approved by City Council in 2015. The plan
includes three phases with the first phase being a regional detention facility upstream of US36 on
and near the CU South Property culminating in the proposed Flood Project. The Flood Project
would provide flood protection for approximately 2,500 residents and 260 structures which
include 1,100 dwelling units. This includes flood mitigation in the neighborhoods of East
Boulder, Frasier Meadows and Keewaydin Meadows, referred to as the West Valley. This Flood
Project has been identified as one of the most important flood mitigation efforts for the city. The
area flooded significantly in 2013. The Flood Project would also mitigate flooding that would
overtop US36 during a 1% (100-yr) flood. US36 is a critical access into the city during an
emergency event like a flood and heavily trafficked by regular commuters. In the context of
climate change the Flood Project does not mitigate flooding from a 0.2% (500-yr) flood but does
benefit the community by reducing flows that overtop US36 and flooding of the West Valley area
of the city. While flooding is not eliminated it is reduced in the West Valley for these larger flood
events that may become more frequent due to climate change.
The 2015 BVCP update included “CU South Guiding Principles” (page 123 of the BVCP) to
guide the University of Colorado and City of Boulder in specifying uses, services, utilities, and
planning on the CU South site. This ultimately resulted in the CU South Annexation Agreement
that was approved by City Council in Fall 2021. The #1 principle in the BVCP is for flood
mitigation: “protecting the City of Boulder and Boulder County residents from future flooding
events is a primary driver.” To support this principle, maps and policies in this section of the
BVCP identify the location of flood mitigation infrastructure along US36, at the time referenced
as “new berm.” Additionally, the Flood Project will be constructed in compliance with the urban
service standards for stormwater management and flood control in the BVCP and all applicable
city, county, state, and federal requirements.
Additionally, acquisition and restoration of the OS-O Site will provide a buffer from any future
development on the remainder of the CU South Property and, together with the Water Rights, will
allow for substantial restoration to occur in the South Boulder Creek floodplain consistent with
OSMP Charter Purposes and OSMP Master Plan strategies including the following:
1. Creating wetlands, riparian habitat and native grasslands that will be
contiguous with existing high-quality habitat on adjacent OSMP land.
2. Establishing floodplain connectivity by removing the levee on CU South
thereby reducing habitat fragmentation in the South Boulder Creek floodplain.
3. Adding significant acreage to the OSMP system in the South Boulder Creek
floodplain and associated South Boulder Creek State Natural Area
(“SBCSNA”).
Agenda Item 4B Page 5
4. Adding high value water rights to the OSMP water portfolio to support native
habitat and local agriculture.
Another potential public and OSMP programmatic impact will include the alteration to historic
public use patterns within the Flood Project area and on the OS-O Site during construction and
the Mitigation Project. Consistent with new OSMP acquisitions, the OS-O site will remain closed
to the public during the Mitigation Project and until management recommendations are developed
during applicable OSMP planning processes where OSMP staff evaluate resource management
and infrastructure needs of the property and consider public use, ongoing agricultural operations
and protection of the sensitive environmental resources. OSMP staff must also carefully consider
programmatic budget and resource impacts and opportunities related to the acquisition and
management of the OS-O Site – a large property adjacent to the urban interface.
c. Impacts and benefits to threatened and endangered species, wetlands, floodplains, or
other sensitive features and resources
The OSMP Property is located within the SBCSNA - an area designated by the State of Colorado
in 2000 in recognition of the high-quality habitat and unique native plant communities. The
OSMP Property is also used for seasonal cattle grazing, and portions are irrigated for hay
production. Numerous irrigation ditches and small drainage channels extend through the OSMP
property, including the Dry Creek Ditch No. 2.
Open Space resources on the portion of the OSMP Property that will be impacted by the Flood
Project include wet meadow wetlands, emergent marshes, mesic tallgrass native grasslands, and
willow shrublands. These resources provide habitat for PMJM and ULTO which are protected
under the federal Endangered Species Act. In addition to occupied habitat for the PMJM, a
portion of the impact area includes habitat designated under the Endangered Species Act as
“Critical Habitat” for PMJM. The area is also habitat for the Northern Leopard Frog (Rana
pipiens), a Tier 1 species of conservation concern in Colorado.
A summary of the impacts to regulated resources on the OSMP Property and in the total Flood
Project area (including CU South) is presented in Table 1 and generally depicted in Attachment
A, Figures 3 and 4.
Table 1: Flood Project Temporary and Permanent Impacts on Wetlands and T&E Species
Regulated Resources
Project Total (rounded) OSMP Property (rounded)
Temporary
Impacts
(acres)
Permanent
Impacts
(acres)
Temporary
Impacts
(acres)
Permanent
Impacts
(acres)
Flood Project Impacts 46.1 77.8 1.9 2.2
USACE jurisdictional wetlands 0.0 0.0 0.0 0.0
Boulder-regulated wetlands* 5.9 6.1 1.0 1.2
Boulder buffer zone (50-feet) 0.00 32.8 0.00 0.00**
PMJM noncritical habitat 2.2 4.0 1.7 2.0
PMJM critical habitat 0.3 0.8 0.2 0.2
ULTO habitat 0.00 7.5 1.2 1.3
*Wetlands not regulated by USACE are assumed to be regulated by the City of Boulder
** Buffer impacts which will be mitigated in place are considered zero impact.
Agenda Item 4B Page 6
These environmental impacts are required to be mitigated by federal and local agencies that
oversee protection of these resources and compliance with federal and local laws. The lead
federal agency for the Flood Project will be the U.S Army Corps of Engineers (USACE) which
oversees compliance with Section 404 of the Clean Water Act. Through this process the
USACE consults with the U.S. Fish and Wildlife Service (USFWS) for impacts to federally
designated threatened and endangered species. The Flood Project will also be subject to the City
of Boulder Stream, Wetlands and Water Body Protection Ordinance, including compliance with
permit terms and conditions.
The mitigation necessary to meet permitting requirements is proposed to occur on the OS-O Site
located in the historic South Boulder Creek floodplain. The Mitigation Project aims to
maximize ecological restoration across the site while meeting or exceeding the expected permit
requirements. The following objectives have and will continue to guide design efforts and
overlap with goals identified by OSMP and OSBT:
• Minimize impacts on existing wetlands and buffer zones.
• Avoid impacts to irrigation ditches.
• Reduce impacts to T&E Species habitats.
• Increase ecological connectivity between the restoration area and South Boulder Creek.
• Address hydrology and ensure the long -term sustainability of wetlands and uplands.
• Incorporate restoration in the surrounding landscape.
Wetland restoration on the OS-O Site will be achieved by re-grading the site to establish the
proper hydrology to support wetlands. Once wetland hydrology has been established, the site
will be revegetated with native seed and plants. The restored wetlands are intended to resemble
historical South Boulder Creek floodplain features, including overflow channels (i.e.,“oxbows”).
These features may result in formative overland flow during extreme flood events, with
hydrology primarily supported by groundwater and precipitation in most years. The Mitigation
Project design, generally depicted in Attachment A, Figure 5 will result in a wetland complex
of approximately 52 acres. Existing wetlands and T&E Species habitats have been incorporated
into the design. The design seeks to expand wetland function through excavation and grading,
controlling undesirable species, and expanding T&E habitat throughout the ecological project
area.
d. Land management and stewardship considerations
Additional land management and stewardship considerations related to the Flood Project and
transfer request include:
1. Removal of the existing levee around the CU South property to allow for
floodplain and ecological connectivity to the adjacent Open Space and for the
Flood Project to better function hydraulically. Existing environmental
resources adjacent to the levee will be protected during levee removal.
2. Contouring and restoration that can occur on the US36 side and visual
design/painting on the OSMP side of the floodwall to help mitigate scenic
viewshed impacts.
3. The ongoing access route within the Temporary Construction Area that will be
needed for periodic maintenance would also be utilized by OSMP for
agricultural, enforcement and land management activities.
4. Additional Water Rights will enhance OSMP’s agricultural activities within the
service area.
5. In parallel with the request, Utilities is pursuing annexation of the
approximately 4.1 acres of the OSMP Property utilized for the Flood Project so
Agenda Item 4B Page 7
the entire Flood Project will be located within Boulder city limits which
reduces jurisdictional uncertainties. The annexation would be contingent on
approval of the transfer of the use and management of the Transfer Area and is
allowable by Colorado Revised Statutes §31-12-106(3), which allows a
municipality to annex land it owns by ordinance. The annexation application
will be processed consistent with the requirements of the BVCP and the City of
Boulder Revised Code and Charter. Because the proposed annexation area is
currently Open Space and designated OS-A (Open Space – Acquired) under the
BVCP, if the transfer of the use and management of the Transfer Area to
Utilities is recommended and approved, OSBT will also be asked to provide a
recommendation on the proposed annexation consistent with Article XII,
Section 175(e) of the Charter.
II. Alternatives
a. Alternatives (locations, methods and costs) available or considered by the requestor and
why they are not being pursued.
The Storm and Flood Utility follows a project lifecycle approach that starts with floodplain
mapping to identify flooding risk, mitigation planning to evaluate alternatives to a system
approach to flood mitigation, and design and construction for the selected flood mitigation
projects. The flood mitigation approach for South Boulder Creek followed this approach starting
in 2001 with floodplain mapping that was accepted by FEMA in 2004. Flood mitigation
alternatives were considered in the South Boulder Creek Flood Major Drainageway Plan adopted
by City Council in 2015. This plan identified regional detention upstream of US36 primarily on
the CU South Property as the first phase of flood mitigation.
Following approval of the South Boulder Creek Flood Major Drainageway Plan in 2015, the city
needed to provide land use goals for the CU South Property, including flood mitigation,
protection of Open Space land, and resource restoration. The BVCP Guiding Principles for CU
South were developed and accepted in 2017 by Boulder City Council and Boulder County
Commissioners and allowed for design of the Flood Project.
Between 2017 and 2020, alternative designs for South Boulder Creek flood mitigation were
developed, assessed, and reviewed by staff, OSBT and City Council. On June 16, 2020, City
Council voted and directed staff to continue design of a 100-year mitigation design, known as
Variant 1, while concurrently exploring whether an upstream model, identified by OSBT, would
improve flood mitigation effectiveness, reduce costs, decrease environmental impacts, or increase
the likelihood of receiving applicable permits and permissions as compared to the Variant 1
option. An update on the upstream model was provided to City Council on Jan. 5, 2021,
following a unanimous motion by OSBT stating that, “Given the identified impacts and
construction costs, the [OSBT] does not support the proposed Upstream Option as
conceptualized, designed and presented...” Based on this information provided to City Council,
staff started working on preliminary design of Variant 1, 100-year design option.
The variant designs that City Council considered in June 2020 to make their decision on Variant 1
are summarized below and documented HERE.
All three options were presented to City Council using Table 2 to summarize how each met the
evaluation criteria used for the project at the time. A key design criterion for the Flood Project has
Agenda Item 4B Page 8
been minimizing or eliminating environmental resource impacts and continues to be a key focus
of the Flood Project.
Table 2: Flood Mitigation Variant 1 Options Evaluation Criteria Matrix
Note: Darker cells show more alignment with Project Evaluation Criteria
A “No Action” or “Status Quo” alternative was considered in the South Boulder Creek Major
Drainageway Plan. The status quo relies on existing systems and floodplain regulations and
provided no flood benefit to the community and the flood risk would remain in its current
conditions. Significant flooding of South Boulder Creek including overtopping of US36 was
experienced in 1969 and 2013.
Condemnation is not an alternative acquisition strategy in this situation, because the City is the
owner of the Transfer Area.
III. Inventories, Studies and Surveys
a. Map or maps identifying impacts and/or infrastructure from the proposed action at a scale
requested by OSMP
b. Map or maps delineating sensitive areas or features including natural and cultural
resources and wetlands and floodplain boundaries at a scale requested by OSMP
c. Results of environmental or resource studies, surveys or assessments conducted by or on
behalf of the requestor or requested by OSMP
d. Inventory or data on environmental setting which could include details such as adjacent
land uses, geology, hydrology, flora, and fauna
All Figures referenced in this request have been included as Attachment A.
• Figure 1: Transfer Area
• Figure 2: Construction Area Including Transfer Area and Temporary Construction Area
• Figure 3: Environmental Resources Overview
• Figure 4: Environmental Resources in the Transfer Area and Temporary Construction
Area
• Figure 5: Mitigation Project Plan
• Figure 6: CU South Property with OS-O Site
Agenda Item 4B Page 9
Environmental and resource surveys have been conducted in coordination with OSMP staff and
include wetland delineations, ULTO surveys, groundwater monitoring, and cultural resources
evaluation. A draft Biological Assessment (BA) has been prepared to determine the presence or
absence of T&E Species or their habitat within or adjacent to the Flood Project and Mitigation
Project areas. Due to the sensitive nature of the content of the reports, aggregate data will be
integrated into the Mitigation Project.
A summary of adjacent land uses, geology, hydrology, flora and faunae are included on the Flood
Project website HERE.
IV. Review and Recommendations by Other Agencies
a. Proof of consultation or required permit(s) with/from identified agencies
b. Proof of compliance with land use requirements
The Utilities department will be required to obtain the following permits in order to construct the
Flood Project:
o CDOT Right-of-Way and Access permit o USACE Clean Water Act Section 404 permit with consultations possible from:
U.S. Fish and Wildlife Service
Environmental Protection Agency
Colorado Department of Public Health and Environment
State Historical Preservation Office
o FEMA Conditional Letter of Map Revision o City of Boulder Wetland Permit o Colorado Office of the State Engineer Design Approval o Boulder County Floodplain Development Permit
The Flood Project team has requested and received a Jurisdictional Determination from the US
Army Corp of Engineers with regards to “Waters of the U.S.” for wetland impacts. The USACE
will be the lead federal agency for permitting based on impacts to “Waters of the U.S.”
The Utilities department has been coordinating with the respective regulatory agencies and will
submit formal permit applications if the transfer of the use and management of the Transfer Area
is approved.
V. Mitigation, Restoration and Monitoring Plans
a. Proposed on- or off-site mitigation
b. Detail of mitigation requirements of other agencies
c. Restoration and monitoring plans, including revegetation and weed control
For the purposes of this memo, the term “mitigation” means the enhancement and creation of
resources to offset unavoidable impacts from the Flood Project and “restoration” means the in-
place repair of a temporarily impacted or disturbed area.
Mitigation Project
Agenda Item 4B Page 10
The construction of the Flood Project will have unavoidable permanent impacts to 77.8 acres of
land in the South Boulder Creek floodplain, 2.2 acres of which are on OSMP land. Suitable
mitigation areas on OSMP land along South Boulder Creek were considered and evaluated during
project planning. However, it was determined that not enough suitable land on OSMP was
available to mitigate all impacts. Upon further coordination with OSMP staff, the area identified
to best mitigate the environmental impacts from the Flood Project was the OS -O Site. The OS-O
Site, as well as the Water Rights will be acquired from CU by the City/Utilities through the terms
outlined in the CU South Annexation Agreement and then placed under OSMP management for
Open Space purposes. Acquiring the OS-O Site provides the city with an exceptional opportunity
to protect and restore a large, historic area of the South Boulder Creek Floodplain that has been
significantly impacted by past mining operations and fragmented by a levee constructed between
the property and OSMP land to the east.
This proposed Mitigation Project on the OS-O Site exceeds local and federal permitting
requirements for the Flood Project and seeks to create or enhance existing wetland and upland
habitat including potential habitat for PMJM and ULTO. The proposed approach and concepts for
the Mitigation Project have been presented and discussed at several OSBT meetings and were
initially presented to the OSBT on January 11, 2023. Th e Mitigation Project design has been
further developed to a 60% design level and incorporated into the Flood Project and is shown in
Attachment A, Figure 5.
The Flood Project design includes updated groundwater and geotechnical information that was
collected since completion of the alternatives analysis. This includes an additional 12 borings and
9 groundwater well installations. The Flood Project also expanded the environmental resources
surveys to include the entire OS-O Site to better inform the Mitigation Project design. A summary
of the Mitigation Project resources and environmental enhancements is shown in Table 3 and
reflects the mitigation requirements and generation for the entire Flood Project, including the
impacts on the CU South property.
Table 3: South Boulder Creek Environmental Mitigation Summary
Environmental Resource
Type
Flood Project Mitigation
Requirements (acres -
rounded)
Mitigation Project Habitat
Generation (acres - rounded)
USACE Wetlands 0.0 0.00
Boulder Regulated
Wetlands
27.3 36.7
Boulder Wetland Buffer
Zone
28.0 32.1
PMJM Occupied
Habitat
35.9 88.9
PMJM Critical Habitat 6.8 6.8
ULTO Habitat 22.8 42.3
The Mitigation Project includes removal of the existing levee around the CU South property to
allow for floodplain and environmental connectivity to the adjacent open space and for the Flood
Project to better function hydraulically. Existing environmental resources adjacent to the levee
will be protected during levee removal.
The Mitigation Project design seeks to create a diverse wetland complex that includes willow
shrublands, wet meadows and emergent marshes. Generally, the restored shrublands will occur in
Agenda Item 4B Page 11
higher elevation wetland areas and in the southern ponds; wet meadow wetlands will occur in the
mid-elevational ranges; and emergent marshes will occur at the lowest elevations in the
mitigation area.
Wetland areas containing ULTO habitat are not included in wetland mitigation acreage as work in
these areas will be avoided. Work in the levee interior consists largely of wetland re-
establishment, with a small amount of rehabilitation occurring in the SW/NE trending wetland
that cuts across the mitigation area. Buffer zone mitigation will result from enhancing the
existing wetland buffer and creating buffer habitat through upland restoration. The existing levee
footprint in the Mitigation Project area is included as buffer zone mitigation acreage and will be a
key restoration area following levee removal. The mitigation ratios used for the site are
summarized in Table 4.
Table 4: Mitigation Generation Ratios
Mitigation Type Mitigation Generation Ratio
Boulder re-established wetlands 1:1
Boulder re-habilitated wetlands 2:1
Boulder buffer zone creation 1:1
Boulder buffer zone
enhancement
4:1
Boulder/USFWS PMJM wetland
and upland creation
1:1
Boulder/USFWS enhancement 4:1
Boulder/USFWS ULTO creation 1:1
Groundwater Conveyance System
The Flood Project proposes a groundwater conveyance system to be installed in the underground
secant pile wall to convey groundwater past the spillway and help reduce impacts to habitat
upstream and downstream from the spillway/floodwall. The groundwater conveyance system will
consist of an aggregate collection trench upstream of the secant pile wall and an aggregate
distribution trench downstream of the secant pile wall. Groundwater will be transferred from the
collection trench to the distribution trench with connector pipes. The collection and distribution
trenches will allow collection of groundwater south and distribution of groundwater north of the
spillway to mimic natural groundwater flow. Valves will be installed in the connector pipes to
adjust flow as necessary to achieve desired groundwater conditions.
The groundwater conveyance system is intended to match existing groundwater conditions on
OSMP property adjacent to the project. Groundwater modeling was performed using data from
monitoring wells and geotechnical data to evaluate potential changes to groundwater levels
resulting from Flood Project facilities. This data was also used to design the groundwater
conveyance system. Monitoring the groundwater wells and habitat upstream and downstream of
the floodwall will be key to ensuring the groundwater conveyance system is operating as
designed. Valves in the connector pipes can be adjusted as necessary to ensure groundwater flow
is appropriate to support wetlands and other resources on OSMP land. The Mitigation and
Monitoring IDMOU will be executed contemporaneous with the Conveyance IDMOU and
include a detailed monitoring plan with study design, monitoring schedule, success criteria and
adaptive management options for the groundwater conveyance system. In the unlikely event the
system does not operate as designed, adaptive management will be employed to correct
Agenda Item 4B Page 12
deficiencies. Adaptive management options may include repair/modification of the system,
extending the monitoring term, acquiring additional water rights for the properties and/or,
creating additional mitigation.
Restoration
Select areas within the Temporary Construction Area, and even possibly within the Transfer
Area, will be restored under the guidance of OSMP staff and pursuant to terms in the Temporary
Construction IDMOU which will include seeding and weed control specifications and warranties.
Open space funds will not be used towards direct restoration activities.
VI. Valuation, Costs and Timelines
The Flood Project, including the purchase of the OS-O Site and the Mitigation Project, is
estimated to cost $63 million. The Flood Project, including acquisitions, mitigation and
restoration, is solely funded by the Storm/Flood Utility Enterprise Fund and at no cost to the open
space fund. Currently, the cost estimates are included below:
Cost Item 2022 Cost Estimate (millions)
Flood Project Construction $51
Earth Fill $4
OS-O Site $2.8
OS-O Mitigation Project $5
Total Project Cost $62.8
The Flood Project is currently planned to begin construction in early 2025. Approval of this
transfer request will facilitate the permit approvals that will be worked on in 2024.
No appraisal or official valuation was performed for the Transfer Area, however based on
comparable values of similar non-developable land, the per acre value is likely around $10-
$15,000 per acre. Utilities will acquire approximately 44 acres of the OS-O Site at no cost and
will pay CU $2.8 million, or $37,500 per acre for the remaining 75 acres of the OS-O Site. In
addition, OSMP will receive Water Rights at no cost to the open space fund. The estimated
monetary value of the OS-O Site plus the value of the Water Rights proposed for transfer to
OSMP, far exceeds the monetary value of the Transfer Area proposed for transfer to Utilities.
VII. Project or Site-Specific Information Documents – links to drafts/finals and brief
discussion of each
a. Drafts of legal documents associated with the request (may be provided by OSMP Staff)
The Conveyance IDMOU, Temporary Construction IDMOU and Mitigation and
Monitoring IDMOU will be drafted cooperatively by OSMP, Utilities and CAO staff.
Process documents associated with proposed annexation of the portion of the OSMP
Property used for the Flood Project will be drafted by Planning and Development
Services department staff in coordination with Utilities, OSMP and CAO staff.
b. Preliminary title reports
Preliminary title reports for the OS-O Site have been provided to OSMP for review.
c. Additional related information
CU South Annexation Agreement
Agenda Item 4B Page 13
June 9, 2021 OSBT Resolution
At their June 9, 2021 meeting, the OSBT approved a Resolution to forward to City
Council detailing conditions the board wanted to be fulfilled or addressed to its
satisfaction prior to considering a disposal (transfer) of the OSMP Property for the Flood
Project. While the Resolution expresses conditions sought by OSBT at that stage of the
Flood Project, the process set forth in Charter section 171(c) requires a staff
recommendation on disposal before the Board can impose conditions on the disposal
(transfer) terms. Staff here identify how the conditions of the Resolution have been or
will be satisfactorily addressed:
1. Funding.
Utilities has secured all funding necessary, as approved by City Council in the
2024 budget to design, construct and mitigate for the Flood Project, via the
department’s use of enterprise bond funds, without use of any money from
OSMP or the Open Space Fund. No funding from OSMP will be used for land
and water rights acquisition; the Mitigation Project; regulatory consultation,
permitting, and compliance; or restoration and monitoring work.
2. Escrow.
All environmental mitigation costs and land acquisition have been included in the
total Project cost estimates that were approved by City Council in the 2024
budget. Monitoring of the success of the Mitigation Project and function of the
groundwater conveyance system will be in conjunction with OSMP staff and
success criteria and monitoring requirements for the groundwater conveyance
system will be developed by Utilities in consultation with OSMP.
3. Permits.
The Flood Project has numerous permits to obtain prior to construction and
Utilities staff have been working with the respective agencies on permitting
approach and submittals. The acquisition of land from CU (including the OS-O
Site) and construction cannot proceed without the permit approvals, and a
decision on this transfer request will further advance the Flood Project and
Mitigation Project designs to facilitate permit approvals.
4. Studies.
A biological assessment to address federally designated T&E Species will be
submitted as part of the USACE 404 permit. Approval of the USACE Section
404 permit will address all environmental reporting required at a federal level and
an environmental impact statement is not required. In addition, the Flood Project
will require a City of Boulder wetland permit to address site specific impacts to
wetlands.
5. Floodwall.
5.1 A minimal footprint for the Floodwall
Flood Project staff have worked with OSMP staff to review and reduce
impacts from the floodwall/spillway. The floodwall/spillway alignment
has been shifted during the design process to minimize impacts to OSMP
while considering the CDOT right-of-way and existing utility conflicts.
The alignment is currently between 16ft and 50ft from the CDOT Right-
Agenda Item 4B Page 14
of- Way. This shift has reduced the acreage of the Transfer Area from what
was estimated during 30% Project Design stage.
5.2 The most limited construction impact footprint of the Project;
Based on the revised alignment the construction footprint for the Flood
Project has been reduced during 60% Flood Project design from 5 acres to
4.1 acres. The construction methodology and sequencing in this area has
been reviewed by OSMP and contractors on the team to further reduce
construction impacts as the design progresses. The 4.1 acres is the
maximum construction footprint needed and may be further reduced
through constructability review and consultation with OSMP staff.
5.3 A termination of the eastern end of the Floodwall that is as far away from
South Boulder Creek as possible;
Through Flood Project design, the east termination of the
Floodwall/Spillway has been located as far away from South Boulder
Creek as possible based on elevations for the floodwall/spillway. Also,
the design of the terminus has been angled to further reduce impacts to
the OSMP Property.
5.4 The determination of a minimum of acreage of OSMP land needed for
maintaining the Floodwall and the Groundwater Conveyance System;
The acreage of OSMP Property needed for permanent use (Transfer
Area) is approximately 2.2 acres and temporary use is approximately 1.9
acres (Temporary Construction Area) Attachment A, Figures 1 and 2 –
a portion of which will provide ongoing periodic maintenance access.
5.5 A Groundwater Conveyance System through the Floodwall that maintains
existing groundwater conditions on the site.
The Project includes a Groundwater Conveyance System that maintains
existing groundwater conditions. This system and design was presented
to OSBT on December 1, 2021 and has been discussed at numerous other
OSBT meetings. The Mitigation and Monitoring IDMOU will include a
detailed monitoring plan with study design, monitoring schedule, success
criteria and adaptive management options for the groundwater
conveyance system.
6. Replacement Property – 119 Acres.
As detailed in this memo and the CU South Annexation Agreement, the 119-acre
OS-O Site cannot be acquired by Utilities until the Flood Project is fully
approved, which requires the approved transfer of the use and management of the
Transfer Area. However, OSBT and City Council can make the transfer of the
use and management of the Transfer Area contingent on acquisition of the OS-O
Site for OSMP management. No OSMP funds are included in the acquisition, and
the OS-O Site acquisition is included in the total Flood Project costs.
7. Environmental Mitigation Plan.
As detailed further in this memo, Utilities and OSMP staff have worked closely
with Utilities consultants toward development of the Mitigation Project and will
continue to refine it as the design of the Flood Project is finalized. The final
Mitigation and Monitoring IDMOU will contain terms related to mitigation
requirements, monitoring, success criteria and adaptive management options.
Additionally, OSBT and City Council can make transfer of the use and
management of the Transfer Area contingent on a final Mitigation Project plan
that is acceptable to both OSMP and Utilities.
Agenda Item 4B Page 15
7.1 Habitat Mitigation Area:
OSMP staff has reviewed and provided input on the Mitigation Project as
it relates to impacts and mitigation for environmental resources in the
area. Utilities will be responsible for monitoring the success of the
environmental mitigation area with support from OSMP staff.
7.1.1. Acreage:
The Mitigation Project includes all 119 acres of OS-O.
7.2 Monitoring:
The monitoring of the Mitigation Project will be overseen by the
appropriate regulatory agencies (USACE and City of Boulder, including
OSMP pursuant to the terms of the Mitigation and Monitoring IDMOU).
This monitoring will include federally-listed species with the USFWS.
7.3 Down-Gradient and Up-Gradient Wetlands:
OSMP will provide monitoring recommendations including success
criteria for monitoring of the Groundwater Conveyance System and the
upgradient and downgradient wetlands. Utilities will develop the final
monitoring plan in coordination with OSMP.
7.4 Removal of Levee:
Removal of the existing CU South levee is included in the Mitigation
Project.
7.5 Water Rights
The acquisition of the 30.2 shares of Dry Creek Ditch No. 2 is provided
for in the CU South Annexation Agreement and will proceed after all
approvals for the Flood Project have been secured. These shares will be
used for open space purposes and purchased by the City as part of the
Flood Project, without the use of open space funds.
7.6 Other Damage:
Appropriate maintenance activities and restoration will be developed in
coordination with OSMP for OSMP property.
7.7 Other Permits:
The Mitigation Project design currently exceeds regulatory requirements
for mitigation of habitat and impacts on T&E Species.
7.8 Limited CU Use:
Collaboration for environmental mitigation is outlined in the CU South
Annexation agreement.
7.9 Other Environmental Impacts
All foreseeable impacts will be addressed in the Mitigation Project.
8. Community Benefits Provisions.
The CU South Annexation Agreement was executed on September 21, 2021 and
includes provisions related to land and water rights transfer (at paragraphs 12 and
13 of the annexation agreement).
8.1 Land Transfer: The transfer from CU to the City of the unencumbered fee
title to the Replacement Property (see # 6) to then be transferred and
dedicated to OSMP.
Agenda Item 4B Page 16
Pursuant to the terms of the CU South Annexation Agreement, CU will
transfer 80-acres to the City of Boulder, once agreement conditions are
met, of which 36 acres are expected to be used for flood mitigation and
the remaining 44 acres, along with an additional 75 acres purchased by
the City using Utility enterprise will then be designated for management
by OSMP for open space purposes, subject to Utilities’ performance
obligations associated with the Mitigation Project until the restoration
goals and permit requirements have been completed consistent with the
capital improvement project and terms of the IDMOUs.
8.4 Water Rights: The transfer from CU to the City of all Dry Creek Ditch No. 2
Company water rights appurtenant to or associated with the 308-acre CU South
Property, and all decreed or permitted wells on the Replacement Property, to be
transferred and dedicated to OSMP.
See response to Item 7.5. No wells will be developed for water supply
related to Flood Project, and only monitoring wells will be installed.
Provisions related to lighting and noise impacts to the adjacent open space
(identified in 8.3 of the Resolution) can be found in the CU South Annexation
Agreement (at paragraph 14), however those are relevant to any future CU
development and not to the Flood Project.
9. Trails. The location of any trails on the Replacement Property and the
regulations which apply to the use of those trails will only occur and be
determined through the normal OSMP public planning process.
This condition, as it pertains to trail connections from the CU South property,
was also incorporated into the CU South Annexation Agreement at paragraph
22.c. Additionally, the OS-O site will remain closed to the public during the
Mitigation Project and until management recommendations are developed during
applicable OSMP planning processes where OSMP staff evaluate resource
management and infrastructure needs of the property and consider public use,
ongoing agricultural operations and protection of the sensitive environmental
resources.
10. No Other Use of OSMP Lands.
Temporary, restorable use of open space lands are not typically reviewed and
approved by OSBT, however to the extent they are currently known related to the
Flood Project and Mitigation Project, they are described in this memo and will be
included in the terms of the Temporary Construction IDMOU.
11. No Precedent.
All disposal/transfer requests are processed and considered within the framework
of the City of Boulder Charter and OSMP’s L&D Guidance in an effort to
maintain consistency.
12. Decommissioning and City Ownership.
The Conveyance IDMOU will include terms related to termination of use and
reversion of the OSMP Property which would be at the discretion of OSMP staff
at the time that such matters were to be encountered.
RECAP AND NEXT STEPS
Agenda Item 4B Page 17
To summarize the key issues of the transfer request from Utilities and associated matters:
- The request from Utilities to permanently transfer control, use and management of the
approximately 2.2-acre Transfer Area so long as the Transfer Property continues to be used
for flood mitigation purposes.
- The use of approximately 1.9 acres of the OSMP Property during construction and for
periodic, ongoing maintenance access to the flood mitigation infrastructure.
- The potential acquisition of the ~119-acre OS-O Site and Water Rights using the Utilities
enterprise fund for management by OSMP, which is contingent, in part, on approval of the
transfer of the use and management of the Transfer Area to Utilities.
- The use of the OS-O Site by Utilities for the Mitigation Project which is contingent on the
transfer of the use and management of the Transfer Area to Utilities and the acquisition of the
OS-O sit by the City and designation for management by OSMP.
- The proposed annexation of a ~4.1 -acre portion of the OSMP Property to the City of Boulder,
which is necessary if the transfer of the use and management of the Transfer Area to Utilities
for the Flood Project is approved.
Staff anticipates that formal consideration and approval of this request would include proposed
conditions, such as:
- Acquisition of the OS-O Site and Water Right by the City at no cost to the open space fund for
management by OSMP for open space purposes (subject to Utilities’ performance obligations
associated with the Mitigation Project until the restoration goals and permit requirements have
been completed consistent with the capital improvement project and terms of the IDMOUs).
- A fully-permitted Flood Project
- OSMP staff approval of the final design of the Mitigation Project
- Execution of Temporary Construction IDMOU and Mitigation and Monitoring IDMOU
contemporaneously with the execution of Conveyance IDMOU
An OSMP staff recommendation and presentation on this matter is currently scheduled to be brought
forward in a combined OSBT and City Council public hearing on Feb. 22, 2024. OSBT will have
consideration and deliberation at the March 13, 2024 meeting and, if recommended and approved, City
Council will consider the matter at the March 21, 2024 meeting.
After review of the information contained in this memo, OSMP staff is requesting feedback from OSBT
as follows:
1. Is the memo information related to this transfer request presented and organized in a well thought
out manner that is easy to follow and access?
2. Is there information not included in this memo that trustees feel is needed in order to consider the
transfer request in accordance with disposal provisions of the Boulder City Charter or the L&D
Guidance?
ATTACHMENTS:
• Attachment A: Figures
Figure 1: Transfer Area
Figure 2: Construction Area Including Transfer Area & Temporary Construction
Area
Figure 3: Environmental Resources Overview
Figure 4: Environmental Resources in the Transfer Area & Temporary
Construction Area
Agenda Item 4B Page 18
Figure 5: Mitigation Project Plan
Figure 6: CU South Property with OS-O Site
• Attachment B: Van Vleet Open Space Property Map
• Attachment C: South Boulder Creek Flood Mitigation Project OSMP Disposal Request
Agenda Item 4B Page 19
ATTACHMENT A: FIGURES
Attachment A: Figures
Agenda Item 4B Page 20
CP CP CP
PRELIMINARY
NOT FOR CONSTRUCTION
SCALE IN FEET
0 100 200 400 600EXISTING 24" DIA RCP
VIELE CHANNEL
EXISTING (3) 60" DIA RCP
VIELE CHANNEL
DRY CREEK DITCH NO. 2
EXISTING 18"x24"
ELLIPTICAL RCP
EXISTING DRY CREEK
DITCH NO. 2 CROSSING
6'x4' CBC
EXISTING 18"x24"
ELLIPTICAL RCP
EXISTING 24"x36"
ELLIPTICAL RCP
SOUTH BOULDER CREEK
(2) 10'x4' CBC
EXISTING WILDLIFE CROSSING
US 36
EXISTING 36"x60" RCP
CONSULTANTS, INC.P:\16134 - SOUTH BOULDER CREEK\CAD\FIGURES\16134_TEMPORARY IMPACT BOUNDARY.DWG 12/13/2023 11:23 AMPROJECT NO. 16134
SOUTH BOULDER CREEK
REGIONAL DETENTION FACILITY
DECEMBER 2023 FIGURE 4
PERMANENT IMPACT
BOUNDARY
CU PROPERTY
BOUNDARY
CDOT ROW
PERMANENT
IMPACT BOUNDARY
(2.18 ACRES)
DISPOSAL AREA
DISPOSAL AREA
(2.18 ACRES)
1
TRANSFER AREA
(~2.2 ACRES)
TRANSFER AREA
Attachment A: Figures
Agenda Item 4B Page 21
CP CP CP
PRELIMINARY
NOT FOR CONSTRUCTION
SCALE IN FEET
0 100 200 400 600EXISTING 24" DIA RCP
VIELE CHANNEL
EXISTING (3) 60" DIA RCP
VIELE CHANNEL
DRY CREEK DITCH NO. 2
EXISTING 18"x24"
ELLIPTICAL RCP
EXISTING DRY CREEK
DITCH NO. 2 CROSSING
6'x4' CBC
EXISTING 18"x24"
ELLIPTICAL RCP
EXISTING 24"x36"
ELLIPTICAL RCP
SOUTH BOULDER CREEK
(2) 10'x4' CBC
EXISTING WILDLIFE CROSSING
US 36
EXISTING 36"x60" RCP
CONSULTANTS, INC.P:\16134 - SOUTH BOULDER CREEK\CAD\FIGURES\16134_TEMPORARY IMPACT BOUNDARY.DWG 12/13/2023 11:24 AMPROJECT NO. 16134
SOUTH BOULDER CREEK
REGIONAL DETENTION FACILITY
DECEMBER 2023 FIGURE 6
TEMPORARY AND PERMANENT
IMPACT BOUNDARY
CU PROPERTY
BOUNDARY
CDOT ROW
PERMANENT
IMPACT BOUNDARY
(2.18 ACRES)
TEMPORARY
IMPACT BOUNDARY
(1.88 ACRES)
CONSTRUCTION AREA
INCLUDING
DISPOSAL AREA
2
DISPOSAL AREA
(2.18 ACRES)
TEMPORARY
CONSTRUCTION
AREA (1.88 ACRES)
TRANSFER AREA
(~2.2 ACRES)
TEMPORARY
CONSTRUCTION AND
ONGOING ACCESS AREA
(~1.9 ACRES)
TRANSFER, TEMPORARY
CONSTRUCTION, AND
ACCESS AREA
Attachment A: Figures
Agenda Item 4B Page 22
±REPRODUCEIN COLOR
0 800 1,600400
Feet
±P:\16134 - South Boulder Creek\Engineering\GIS\Land Disposal\OSMP Dec 2023 Memo\Figure 8.mxdLegend
CU Boulder South
Boundary
CORVUS Study
Area
ULTO
PMJM
Open Waters
Wetlands -
CORVUS Survey
Wetlands - City
Data Base
Prebles Critical
Habitat Area
S BOULDER RD
US3
6
TABLE MESA DR
HW
Y
9
3 SOUTH BOULDER CREEKDRY CREEKDITCH NO.2
UPPER BEARCREEK DITCHS BOULDER ANDBEAR CREEK DITCH
VIELE CHANNEL
COMPOSITE PLAN OF
ENVIRONMENTAL
RESOURCES
November 2023
SOUTH BOULDER CREEK
REGIONAL DETENTION
PROJECT
PROJECT NO. 16134 Figure 8
REPRODUCEIN COLOR
3
Attachment A: Figures
Agenda Item 4B Page 23
US3
6
SOUTH BOULDER CREEKVIELE CHANNEL
PROJECT NUMBER 16134
SOUTH BOULDER CREEK
REGIONAL DETENTION
PROJECT
December 2023
P:\16134 - South Boulder Creek\Engineering\GIS\Land Disposal\OSMP Dec 2023 Memo\Figure 9.mxdCOMPOSITE PLAN OF
ENVIRONMENTAL RESOURCES -
OSMP LAND DISPOAL AREA
Figure 9
±DRY CREEK DITCH NO. 2Legend
Permanent
Temporary
Perm_NC_P...
Perm_ULTO
Perm_C_PM...
Temp_Wetland
CU Boulder
South
Permanent Impact Boundary
Temporary Impact Boundary
Non-Critical PMJM Habitat
ULTO Habitat
Critical PMJM Habitat
Wetlands - CORVUS Survey
CU Boulder South Campus
Boundary
Temporary Construction Area
Disposal Area
4
COMPOSITE PLAN OF
ENVIRONMENTAL RESOURCES
- FLOOD PROJECT AREAS ON
OSMP PROPERTY
Transfer Area
Attachment A: Figures
Agenda Item 4B Page 24
FIGURE 5 - ECOLOGICAL
RESTORATION DESIGN
APPROACH
Attachment A: Figures
Agenda Item 4B Page 25
FIGURE 6: CU South Property with OS-O Site
Attachment A: Figures
Agenda Item 4B Page 26
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Attachment B-Van Vleet Open Space Property
I
0 360 720 1,080 1,440Feet
Legend
Subject Property
Properties Managed by COB Parks and Recreation
University of Colorado
OSMP Ownership
OSMP Easement
CU South
Agenda Item 4B Page 27
PO Box 791, Boulder, CO 80306 | bouldercolorado.gov | 303-441-3200
December 15, 2023
Dan Burke
Open Space and Mountain Parks Director
City of Boulder
Open Space and Mountain Parks
2520 55th Street
Boulder, CO 80301
RE: South Boulder Creek Flood Mitigation Project OSMP Disposal Request
Dear Dan,
During its June 16, 2020, meeting, City Council selected a project alternative and directed staff to proceed with
design for the South Boulder Creek Flood Mitigation Project. A portion of the land needed for the flood project
is designated as city open space, which has certain procedural requirements per city charter. Project design is
now 60% complete and has sufficient detail for project permits and landowner approvals needed to meet the late
2024 construction schedule. Accordingly, and as planned in our project coordination meetings, I am writing to
request initiation of disposal proceedings for the 2.18 acres of open space associated with the South Boulder
Creek (SBC) Flood Mitigation Project.
The application materials, linked below, have been compiled based on the information in OSMP’s “Guidance
for License and Disposal Requests Involving Open Space Lands” and are intended to strike an appropriate
balance between important life-safety objectives for flood mitigation while limiting and mitigating
environmental impacts to sensitive and important city open space resources.
Application links:
Written narrative
Figures
Appendix 1 – Title Reports
Please feel free to reach out if you have any questions or need additional information to complete our
application materials. Thank you for the collaboration from you and OSMP department staff, and we look
forward to working with you on this request.
Sincerely,
Joe Taddeucci, P.E.
Director of Utilities
City of Boulder
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Cc:
Brandon Coleman
Chris Douglass
Bethany Collins
Don Damico
Jessica Pault-Atiase
Leila Behnampour
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PO Box 791, Boulder, CO 80306 | bouldercolorado.gov | 303-441-3200
South Boulder Creek Flood Mitigation Disposal Request Application
Requestor name and contact information
City of Boulder Utilities Department:
Joe Taddeucci, Director of Utilities
C: (720) 635-6970
taddeuccij@bouldercolorado.gov
Public Works - Utilities Department
1739 Broadway | Boulder, CO 80302
Brandon Coleman, Civil Engineering Manager, Storm/Flood Utility
O: (303) 441-4232
colemanb@bouldercolorado.gov
Public Works – Utilities Department
1739 Broadway | Boulder, CO 80302
Overview and Purpose of Disposal Request
An estimated 600 structures and 3,500 people are located in the South Boulder Creek floodplain within city
limits. Over the last 80 years, South Boulder Creek has significantly flooded six times, with overtopping of
US36 happening in 1969 and 2013. A flood mitigation plan for South Boulder Creek was approved by City
Council in 2015. The plan includes three phases with the first phase being a regional detention facility upstream
of U.S. 36 (the “Project”) on and near the property commonly referred to as CU South. The Project would
protect approximately 2,300 residents and 260 structures from a 1% chance (100-yr) flood on South Boulder
Creek.
The Project will include a dam and flood storage that requires use of city owned open space land along U.S. 36
for the construction of a spillway/floodwall.
This land is 2.18 acres adjacent to U.S. 36 for the permanent location of the Project and is known as the
Floodwall/Spillway disposal area (the “Disposal Area”) shown in Figure 1.
The purpose of this request is for OSMP staff to provide a recommendation on the disposal to the Open Space
Board of Trustees (OSBT) on the Disposal Area for permanent use for proposed flood infrastructure.
Temporary impacts associated with the Disposal Area are also referenced in this request but are planned to be
restored for continued open space uses through an Interdepartmental Memorandum of Understanding between
Utilities and OSMP departments. Temporary impacts associated with construction of the Spillway/Floodwall
are 1.88 acres and will not require disposal. The total construction footprint for the Spillway/Floodwall
construction is 4.06 acres which includes the Disposal Area. This total area is shown in Figure 2.
The Project includes environmental mitigation of 119 acres in the historic South Boulder Creek floodplain that
will be acquired by the City from the University of Colorado Boulder (CU-Boulder) and restored to meet and
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exceed regulatory mitigation requirements for the environmental impacts from the project. The terms and
conditions for this acquisition are subject to the CU South Annexation Agreement. The 119 acres will be
designated open space to be managed by OSMP at the completion of the mitigation project after it has met all
success criteria for regulatory approval.
Regulatory agencies with jurisdiction
There are several regulatory agencies with jurisdiction over the Project:
•Colorado Office of the State Engineer (SEO): The embankment dam, spillway, and appurtenances
will collectively comprise a jurisdictional dam that will be regulated by the SEO. The dam will also
retain stormwater runoff, and the runoff will need to be released within a specified time to meet SEO
water right’s requirements.
•Colorado Department of Transportation (CDOT): A portion of the spillway and a portion of the
outlet works will be located within the CDOT ROW along US36 and the City will need to obtain a
CDOT access permit.
•U.S. Army Corps of Engineers (USACE): A Clean Water Act Section 404 permit will be needed to
construct the Project due to anticipated construction in jurisdictional Waters of the US. The USACE will
be the lead regulatory agency for this permit. Other agencies that may consult with the USACE
regarding the 404-permit application are expected to include the U.S. Fish & Wildlife Service,
Environmental Protection Agency, Colorado Department of Public Health and Environment, and the
State Historical Presentation Office.
•Federal Emergency Management Agency (FEMA): The Project will impact the regulatory floodplain
along SBC and will require obtaining a Conditional Letter of Map Revision from the FEMA prior to
construction.
•City of Boulder: A City Wetland Permit will be required to construct the Project because of anticipated
impacts to wetlands. This permit will be obtained from the City Planning Department. Other City
permits are anticipated to be required to construct the Project, but these will be obtained by the
contractor.
A. Benefit and Impact Assessment
The Disposal Area will impact existing OSMP property on the Van Vleet property and be used for flood
mitigation infrastructure to mitigate South Boulder Creek flooding. These permanent impacts will be
mitigated to meet and exceed regulatory requirements for wetlands and threatened and endangered
species. The mitigation will occur on 119 acres of historic South Boulder Creek floodplain adjacent to
the Van Vleet property. The 119 acres will be acquired pursuant to the CU South annexation agreement
and turned over to OSMP management for open space uses after restoration goals and permit
requirements have been met. In addition to this restored area 30.2 shares in Dry Creek Ditch No. 2
would be acquired and turned over to OSMP to allow for future management and irrigation needs in the
restoration area.
The Project would provide flood protection for approximately 2,500 residents and 260 structures which
include 1,100 dwelling units. This includes flooding in the neighborhoods of East Boulder, Fraser
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Meadows and Keewaydin Meadows, referred to as the West Valley. This flood mitigation project has
been identified as one of the most important flood mitigation efforts for the city, and the area flooded
significantly in 2013. The Project would also mitigate flooding that would overtop US36 during a 1%
(100-yr) flood. US36 is a critical access into the city during an emergency event like a flood and heavily
trafficked by regular commuters. In the context of climate change the Project does not mitigate flooding
from a 0.2% (500-yr) flood but does benefit the community by reducing flows that overtop US36 and
flooding of the West Valley area of the city. While flooding is not eliminated it is reduced in the West
Valley for these larger flood events that may become more frequent due to climate change.
Open space resources on the Van Vleet property that will be impacted by the Project include wet
meadow wetlands, emergent marshes, mesic tallgrass native grasslands, and willow shrublands. These
resources provide habitat for Preble’s meadow jumping mouse (“PMJM”) and Ute ladies’-tresses orchid
(“ULTO”) which are protected under the federal Endangered Species Act. In addition to occupied
habitat for the PMJM, a portion of the impact area includes habitat designated under the Endangered
Species Act as “Critical Habitat” for PMJM. The area is also habitat for the Northern Leopard Frog
(Rana pipiens), a Tier 1 species of conservation concern in Colorado. The existing environmental
resources in the vicinity and adjacent to the Disposal Area are shown in Figure 3.
The Disposal Area is located within the SBC State Natural Area, an area recognized as having high-
quality natural features of state-wide significance through the Colorado Natural Areas Program. The
SBC State Natural Area was designated by the state of Colorado in 2000 in recognition of the high-
quality habitat and plant communities. The Disposal Area is also used for cattle grazing seasonally, and
portions are irrigated for hay production. Numerous irrigation ditches and small drainage channels
extend through the OSMP property, including Dry Creek Ditch No. 2.
A summary of the regulated resources and impacts in the Disposal Area are summarized in Table 1 and
shown in Figure 4.
Table 1: Detention Project Temporary and Permanent Impacts on Wetlands and T&E Species
Regulated Resources
Project Total OSMP
Temporary
Impacts
(acres)
Permanent
Impacts
(acres)
Temporary
Impacts
(acres)
Permanent
Impacts
(acres)
Detention Project Impacts 46.10 77.8 1.88 2.18
USACE jurisdictional
wetlands
0.00 0.00 0.00 0.00
Boulder-regulated wetlands* 5.90 6.05 0.96 1.15
Boulder buffer zone (50-feet) - 32.77 - -
PMJM noncritical habitat 2.24 3.95 1.68 1.99
PMJM critical habitat 0.29 0.80 0.20 0.18
ULTO habitat 0.00 7.51 1.21 1.33
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*Wetlands not regulated by USACE are assumed to be regulated by the City of Boulder
These environmental impacts are required to be mitigated by federal and local agencies that oversee
protection of these resources and compliance with federal and local laws. The lead federal agency for
the Project will be the U.S Army Corps of Engineers (USACE) which oversees compliance with the
Clean Water Act. Through this process the USACE consults with the U.S. Fish and Wildlife Service
(USFWS) for impacts to federally designated threatened and endangered species. The project will also
be subject to the City of Boulder wetlands ordinance, including compliance with permit terms and
conditions.
The mitigation to meet permitting requirements is proposed to occur on 119 acres to be acquired from
CU-Boulder in the historic South Boulder Creek floodplain. The Project aims to maximize ecological
restoration across the site while meeting or exceeding the expected detention project mitigation
requirements. The following objectives have and will continue to guide design efforts and overlap with
goals identified by OSBT:
•Minimize impacts on existing wetlands and buffer zones.
•Avoid impacts to irrigation ditches.
•Reduce impacts to T&E species habitats.
•Increase ecological connectivity between the restoration area and SBC.
•Address hydrology and ensure the long-term sustainability of wetlands and uplands.
•Incorporate restoration in the surrounding landscape.
Wetland restoration in the form of rehabilitation and re-establishment will be achieved through
excavating material and native seeding. The existing wetlands will be rehabilitated by placing fill
material on the interior of the ponds and reseeding them with native vegetation. This will promote native
vegetation and reduce the presence of Typha species, which currently occupy the southern ponds as a
monoculture. The restoration site is intended to resemble historical SBC floodplain remnant overflows.
These features may result in formative overland flow during extreme flood events, with hydrology
primarily supported by groundwater and precipitation in most years. The ecological project design will
result in a wetland complex of approximately 51.6 acres. Existing wetlands and T&E species habitats
have been incorporated into the design. The design seeks to expand wetland function through excavation
and grading, control undesirable species, and expand T&E habitat throughout the ecological project
area.
B. Alternatives Analysis
The Storm and Flood Utility follows a project lifecycle approach that starts with floodplain mapping to
identify flooding risk, mitigation planning to evaluate alternatives to a system approach to flood
mitigation, and design and construction for the selected flood mitigation projects. The flood mitigation
approach for South Boulder Creek followed this approach starting in 2001 with floodplain mapping that
was accepted by FEMA in 2004. Flood mitigation alternatives were considered in the South Boulder
Creek Flood Major Drainageway Plan adopted by city council in 2015.
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This plan identified regional detention upstream of US36 primarily on the CU South property as the first
phase of flood mitigation.
To provide land use goals for the CU South Property, including flood mitigation, protection of Open
Space, and resource restoration. The BVCP Guiding Principles for CU South developed and accepted in
2017 by Boulder City Council and Boulder County Commissioners and allowed for design of the
Project.
Between 2017 and 2020, alternative designs for South Boulder Creek flood mitigation were developed,
assessed, and reviewed by staff and City Council. On June 16, 2020, City Council voted and directed
staff to continue design of a 100-year mitigation design, known as Variant 1, while concurrently
exploring whether an upstream model, identified by OSBT, would improve flood mitigation
effectiveness, reduce costs, decrease environmental impacts, or increase the likelihood of receiving
applicable permits and permissions as compared to the 100-year option. An update on the upstream
model was provided to City Council on January 5, 2021, following a unanimous motion by OSBT
stating that, “Given the identified impacts and construction costs, the [OSBT] does not support the
proposed Upstream Option as conceptualized, designed and presented...” Based on this information,
staff started working on preliminary design of Variant 1, 100-year design option.
The variant designs that City Council considered in June 2020 to make their decision on Variant 1 are
summarized below and documented HERE.
All three options were presented to City Council using Table 2 to summarize how each met the
evaluation criteria used for the project at the time. A key design criteria for the Project has been
minimizing or eliminating environmental resource impacts and continues to be a key focus of the
Project.
Table 2: Flood Mitigation Variants Evaluation Criteria Matrix
Note: Darker cells show more alignment with Project Evaluation Criteria
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Condemnation does not apply because the City is the owner of the Disposal Area.
C.Maps, Studies, Surveys, and Assessments
The Utilities department has commissioned ecological restoration studies alongside preliminary (30%)
and 60% engineering design reports, both of which have been shared with OSMP staff and presented to
the OSBT.
All Figures referenced in this request have been included as Attachment 1.
Figure 1: Disposal Area
Figure 2: Construction Area Including Disposal Area
Figure 3: Environmental Resources Overview
Figure 4: Environmental Resources in the Disposal Area
Figure 5: Environmental Mitigation Plan
The project has been presented to the OSBT for design updates and to provide information on specific
requests.
Environmental surveys are available upon request and have been developed in coordination with OSMP
staff. These include wetland surveys, Threatened and Endangered Species surveys, groundwater
monitoring, Ute’s Ladies Tresses Orchid surveys, and cultural resources evaluation.
A summary of adjacent land uses, geology, hydrology, flora and faunae are included HERE.
D.Review and Recommendations by Other Agencies
The Utilities department will be required to obtain the following permits in order to construct the
Project:
o CDOT Right-of-Way and Access permit
o USACE Clean Water Act Section 404 permit with consultations possible from:
U.S. Forest and Wildlife Service
Environmental Protection Agency
Colorado Department of Public Health and Environment
State Historical Preservation Office
o FEMA Conditional Letter of Map Revision
o City of Boulder wetland permit
o Colorado Office of the State Engineer Design Approval
The Project has requested and received a Jurisdictional Determination from the US Army Corp of
Engineers with regards to Waters of the US for wetland impacts. The USACE will be the lead federal
agency for permitting based on impacts to Waters of the US.
The Utilities department has been in coordination with the respective regulatory agencies and will
submit formal permit applications if the OSMP disposal request is approved.
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The Disposal Area is designated as Open Space-Acquired (OS-A) in the Boulder Valley Comprehensive
Plan. This designation applies to land already acquired by the City or Boulder County for open space
purposes. The proposed use of this area is specifically for the stormwater and flood utility, and flood
control projects of this nature are typically constructed along creeks without regard to the underlying
zoning or land use designation. The Project will be constructed in compliance with the urban service
standards for stormwater management and flood control in the BVCP and all applicable city, county,
state, and federal requirements.
In addition, the 2015 BVCP update included “CU South Guiding Principles” (page 123 of the BVCP) to
guide the University of Colorado and City of Boulder in specifying uses, services, utilities, and planning
on the CU South site. This ultimately resulted in the CU South Annexation Agreement that was
approved by City Council in Fall 2021. The #1 principle in the BVCP is for flood mitigation: “protecting
the City of Boulder and Boulder County residents from future flooding events is a primary driver”. To
support this principle, maps and policies in this section of the BVCP identify the location of flood
mitigation infrastructure along U.S. 36, at the time referenced as “new berm”.
E. Mitigation and Restoration Plans
The Project will require environmental mitigation to account for impacts to wetlands, and threatened and
endangered species. The proposed area for this mitigation is 119 acres on the CU South property with a
land use designation of OS-O under the Boulder Valley Comprehensive Plan. The proposed approach
and concepts were presented to the Open Space Board of Trustees on January 11, 2023. The mitigation
design has been further developed to a 60% design level and incorporated into the Project and is shown
in Figure 5.
In coordination with OSMP staff the Project has proposed a mitigation approach for all 119 acres of OS-
O. This mitigation plan will exceed permitting requirements for the Project and create or enhance
existing wetland habitat and potential habitat for PMJM and ULTO. The design also includes updated
groundwater and geotechnical information that was collected since completion of the alternatives
analysis. This included an additional 12 borings and 9 groundwater well installations. The Project also
expanded the environmental resources survey to include all 119 acres of the OS-O to better inform the
mitigation design and concept. A summary of the mitigation plan habitats and environmental
enhancements is shown in Table 3.
Table 3: South Boulder Creek Environmental Mitigation Summary
Environmental Resource
Type
Project Mitigation
Requirements (acres)
Mitigation Plan Habitat
Generation (acres)
USACE Wetlands 0.0 0.00
Boulder Regulated
Wetlands
27.264 36.708
Boulder Wetland Buffer
Zone
27.985 32.106
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PMJM Occupied Habitat 35.850 88.930
PMJM Critical Habitat 6.804 6.804
ULTO Habitat 22.752 42.326
The Project also includes removal of the existing levee around the CU South property to allow for
floodplain and environmental connectivity to the adjacent open space and for the Project to better
function hydraulically. The proposed levee removal approach focuses on removing the levee down to
adjacent natural ground while protecting existing environmental resources around the levee.
Groundwater Conveyance System
A groundwater conveyance system will be installed in association with the secant pile wall to convey
groundwater past the spillway alignment and reduce impacts from the spillway/floodwall secant pile
foundation. The groundwater conveyance system will consist of an aggregate collection trench upstream
of the secant pile wall and an aggregate distribution trench downstream of the secant pile wall.
Groundwater will be transferred from the collection trench to the distribution trench with connector
pipes. The collection and distribution trenches will allow collection of groundwater south and
distribution of groundwater north of the spillway to mimic natural groundwater flow.
Groundwater modeling was performed to evaluate simulated impacts to groundwater levels resulting
from Project facilities. The groundwater system design is intended to match existing groundwater
conditions in the areas adjacent to the project on OSMP property. Valves will be installed along the
connector pipes and will allow for future adjustment of the groundwater conveyance system function.
The wells used to develop the groundwater model may be incorporated into future groundwater
monitoring related to the function of the groundwater conveyance system.
Wetland Restoration & Function
The environmental mitigation design seeks to create three wetland types throughout the wetland
restoration complex: grassland shrub-scrub/PSS, wet meadow/PEM, and wet meadow/PEM swale
(Figure 3). Generally, restored grassland shrub-scrub/PSS wetlands will occur in higher elevation
wetland areas; small grassland shrub-scrub/PSS wetland rehabilitation will occur in the southern ponds;
wet meadow/PEM wetlands will occur in the mid-elevational ranges; and wet meadow/PEM swale
wetlands will occur at the lowest elevations in the mitigation area.
Wetland areas containing ULTO habitat have been omitted from wetland mitigation acreage as work in
these areas will be avoided. Work in the levee interior consists largely of wetland re-establishment, with
a small amount of rehabilitation occurring in the SW/NE trending wetland that cuts across the mitigation
area. Due to the presence of existing wetlands in the southern ponds area of the site, all designed
wetlands in this area have been classified as rehabilitation. Buffer zone mitigation will result from
enhancing the existing wetland buffer and creating buffer habitat through upland restoration. The
existing levee footprint in the ecological project area is included as buffer zone mitigation acreage and
will be a key restoration area following levee removal. The mitigation generation ratios used for the site
are summarized in Table 4.
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Table 4: Mitigation Generation Ratios
Mitigation Type Mitigation Generation
Ratio
Boulder re-established wetlands 1:1
Boulder re-habilitated wetlands 2:1
Boulder buffer zone creation 1:1
Boulder buffer zone enhancement 4:1
Boulder/USFWS PMJM wetland and upland creation 1:1
Boulder/USFWS enhancement 4:1
Boulder/USFWS ULTO creation 1:1
F. Valuation, Costs, and Timelines
In discussions with OSMP, Utilities learned that an appraisal and exchange options are not needed.
The Project, including the purchase of the OS-O and the environmental mitigation discussed previously,
is estimated to cost $63 million. The Project is solely funded by the Storm/Flood Utility Enterprise
Fund with no OSMP dollars included. Currently, the cost estimates are included below, and
mitigation/restoration costs are highlighted in blue:
Cost Item 2022 Cost Estimate
(millions)
Regional Detention Facility Construction $51
Earthfill $4
OS-O land purchase $3
OS-O restoration $5
Total Project Cost $63
The Project is currently planned to begin construction in early 2025. This request will facilitate the
permit approvals that will be worked on in 2024.
G.Project or Site-Specific Information
•Drafts of legal documents associated with the request (may be provided by OSMP staff)
Legal documents to be prepared by OSMP staff.
•Preliminary title reports
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Full property title reports provided as Appendix 1.
•Any additional request-, project-, or site-specific information requested by OSMP staff
The OSBT passed a motion on June 9, 2021, to outline conditions for the Utilities department to fulfill
and/or address prior to considering a disposal request. Utilities has fulfilled and/or addressed all
conditions, summarized below:
1.Funding: The City has secured, without use of any money from OSMP or the Open Space Fund, all
funding necessary to (a) design and construct the Project and (b) satisfy all of the conditions set forth
below. The costs for the following items shall also not be directly or indirectly incurred by OSMP or
the Open Space Fund, except for necessary OSMP staff time: (1) the transfer and dedication of land
and water rights, (2) the planning and implementation of comprehensive environmental mitigation,
(3) regulatory consultation, permitting and compliance, and (4) contracts for the restoration and
monitoring work.
The city’s Utilities department has secured all funding necessary, as approved by City Council in the
2024 budget, to design and construct the flood mitigation project, via the department’s use of
enterprise bond funds, without use of any money from OSMP or the Open Space Fund. No funding
from OSMP will be used for land and water rights; comprehensive environmental mitigation;
regulatory consultation, permitting, and compliance; or restoration and monitoring work.
2. Escrow: The City has deposited into escrow the amount of money the OSMP reasonably projects will
be needed to pay for implementation of the Environmental Mitigation Plan set forth below (the
Escrowed Funds). The Escrowed Funds must be subject to terms in the Inter-Departmental MOU.
Such Escrowed Funds shall be used only to pay for implementation of the Environmental Mitigation
Plan and for no other purpose until the complete satisfaction of all of the Environmental Mitigation
Plan requirements as determined in the reasonable judgment of OSMP. If the Escrowed Funds are
not sufficient to pay for all of the Environmental Mitigation Plan requirements, the City must
replenish the Escrowed Funds as necessary from sources other than the OSMP budget or Open Space
Fund.
All environmental mitigation costs and land acquisition have been included in the total Project
cost estimates that were approved by City Council in the 2024 budget. Monitoring of the success
of the environmental mitigation and function of the groundwater conveyance system will be in
conjunction with OSMP staff and success criteria and monitoring requirements for the
groundwater conveyance system will be developed by Utilities in consultation with OSMP.
3.Permits:
All required, necessary and appropriate permits and approvals related to the Project have been
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obtained from all applicable federal, state, and local regulatory authorities, including, but not limited
to, the U.S. Army Corps of Engineers, Federal Emergency Management Agency, the U.S. Fish and
Wildlife Service, the Colorado Department of Natural Resources-State Engineer's Office, the
Colorado Department of Transportation, and the City.
The Project has numerous permits to obtain prior to construction and staff have been working
with the respective agencies on permitting approach and submittals. The construction cannot
proceed without the permit approvals and a disposal decision can further advance the design
components on OSMP to facilitate permit approvals.
4.Studies. The City or a federal agency as part of their permitting process for the Project has prepared
an Environmental Impact Statement and a Site-Specific Biological Assessment for the Project.
The Project has prepared a biological assessment including all environmental studies referenced
in this request to meet federal regulatory requirements. Approval of the 404 permit will address
all environmental reporting required at a federal level. In addition, the Project will require a City
of Boulder wetland permit to address site specific impacts to wetlands.
5. Floodwall:
The Public Works-Utilities Department has conducted analyses and planning to incorporate into and
achieve a project design sufficient to support all permitting and to determine levels of impacts and
associated mitigation requirements for:
5.1 A minimal footprint for the Floodwall;
The Project has worked with OSMP staff to review and reduce impacts from the
Floodwall/Spillway. The Floodwall/Spillway alignment has been shifted during the design
process to minimize impacts to OSMP while considering the CDOT right-of-way and existing
utility conflicts. The alignment is currently between 16ft and 50ft from the CDOT Right-of-
Way.
5.2 the most limited construction impact footprint of the Project;
Based on the revised alignment the construction footprint for the Project has been reduced from
5 acres to 4.06 acres. The construction methodology and sequencing in this area has been
reviewed by OSMP and contractors on the team to further reduce construction impacts as the
design progresses. The 4.06 acres is the maximum construction footprint needed and may be
further reduced through design efforts. Utilities staff will continue to consult with OSMP staff
and consider ways to further reduce the construction footprint, where appropriate, as the design
is finalized.
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5.3 A termination of the eastern end of the Floodwall that is as far away from South Boulder
Creek as possible;
The east termination of the Floodwall/Spillway has been located as far away from South Boulder
Creek as possible based on elevations for the Floodwall/Spillway.
5.4 The determination of a minimum of acreage of OSMP land needed for maintaining the
Floodwall and the Groundwater Conveyance System; and
The minimum acreage of OSMP property for permanent use (OSMP Disposal Area) is 2.18 acres
and temporary impacts is 1.88 acres (Construction Area), which includes the OSMP disposal
area.
5.5 A Groundwater Conveyance System through the Floodwall that maintains existing
groundwater conditions on the site.
The Project includes a Groundwater Conveyance System that maintains existing groundwater
conditions. This system and design has been presented to OSBT on December 1, 2021.
6.Replacement property (119 acres): The City has acquired from CU, and dedicated to OSMP, at no
cost to OSMP and without use of the Open Space Fund, unencumbered fee simple title to the
entire 119 acres designated as Open Space-Other (OS-0) in the Boulder Valley Comprehensive
Plan, which are part of the 168-acre Boulder County Tax Parcel #1577090000024 (the
Replacement Property). The transfer of title to these 119 acres of land by CU to the City can offset
some of the costs of restoring the floodplain incurred by the City due to previous decisions by CU
to construct and reinforce a larger levee that separates the property from the South Boulder
Creek floodplain, to drain and dewater the lands behind the levee and to not restore the
previously mined lands as originally required by the permit from the Colorado Mined Land
Reclamation Board.
Pursuant to the CU South annexation agreement, CU will convey to the City 119-acres from the
University of Colorado Boulder to be used as Open Space land that is currently designated as
OS-O. Acquisition of the property will happen when all project approvals are in place. No
OSMP funds are included in the acquisition and the OS-O acquisition is included the total
Project costs.
7.Environmental Mitigation Plan: OSMP and the Public Works-Utilities Department will jointly
develop an Environmental Mitigation Plan approved by OSMP, OSBT and City Council (the
Environmental Mitigation Plan). The plan will include the following mitigation measures, and shall
be implemented and paid for from the Escrowed Funds:
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7.1. Habitat Mitigation Area: The development of new habitat having a wide diversity of high-
quality plants and associated native plant communities and habitats (collectively, the Habitat
Mitigation Area) within the Replacement Property will be defined in the Environmental
Mitigation Plan. The Environmental Mitigation Plan shall include a provision authorizing
OSMP to engage a qualified third-party wetland ecologist, a qualified third-party groundwater
hydrologist, and other necessary consultants (the Third-Party Experts), all of whom shall be
determined by OSMP. The OSMP shall be the lead department within the City for the
preparation and implementation of the Environmental Mitigation Plan and shall consult with
the Third-Party Experts in the preparation of such Plan.
OSMP staff has reviewed and provided input on the Environmental Mitigation and Project as it
related to impacts and mitigation for environmental resources in the area. Utilities will be the be
responsible for monitoring for success of the environmental mitigation area with support from
OSMP staff.
7.1.1 Acreage: The Environmental Mitigation Plan shall address restoration of the entire 119
acres of Replacement Property together with contingencies and adaptive management for any
effects of future flooding. Some portions of this restoration may be done as part of regulatory
compliance.
The Environmental Mitigation Plan includes all 119 acres of OS-O.
7.2. Monitoring: The Environmental Mitigation Plan shall include success criteria and a
detailed plan to monitor (a) the quantity and quality of the Habitat Mitigation Areas to be
created under such Plan, and (b) the direct and indirect impacts of the Project on other OSMP
land, including the possible impacts on the Up-Gradient and Down-Gradient Wetlands
discussed below. The Third-Party Experts shall assist in the development of such monitoring
plan and shall monitor and assess the quantity and quality of the Habitat Mitigation Areas on
an ongoing basis and make recommendations as to any actions needed to create or maintain
the same, as directed by OSMP. Monitoring results will inform the need for any corrective
actions to achieve successful restoration of Habitat Mitigation Areas and will be incorporated
into the Environmental Mitigation Plan, as will required monitoring timeframes and
standards for release. Such standards shall include an inventory of federally listed species ten
years following construction of the Project.
The monitoring of the Environmental Mitigation Plan will be overseen by the appropriate
regulatory agencies (USACOE and City of Boulder, including OSMP). This monitoring will
include federally-listed species with the USFWS.
7.3. Down-Gradient and Up-Gradient Wetlands: The Environmental Mitigation Plan must
also include written plans for the protection of both the Down-Gradient and Up-Gradient
Wetlands, which plans shall include (a) engineered features in the Floodwall to allow passage
of sufficient groundwater under or through the Floodwall to maintain the amount and quality
Attachment C: SBC OSMP Disposal Request
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of both the Down-Gradient and Up-Gradient Wetlands, and (b) the monitoring plan described
in Paragraph 7.2 above. The Third-Party Experts shall assist in the development of such plan,
prepare a baseline study of the existing quantity and quality of such wetlands, monitor and
assess the ongoing quality and quantity of both the Down-Gradient and Up-Gradient
Wetlands, and identify corrective actions that will be used to restore the quality and quantity of
the Wetlands, as directed by OSMP.
OSMP will provide monitoring recommendations including success criteria for monitoring of the
Groundwater Conveyance System and the upgradient and downgradient wetlands. Utilities will
develop the final monitoring plan in coordination with OSMP.
7.4. Removal of Levee: The Environmental Mitigation Plan will include provisions for the
removal of the existing flood levee on the CU South Property and the revegetation of the land
under the levee or land damaged by the removal of such levee. The plan will include all such
revegetation measures deemed necessary by OSMP.
Removal of the existing CU South levee has been included in the Environmental Mitigation
Plan.
7.5. Water Rights: The Environmental Mitigation Plan will require that the City obtain from
CU the ownership of all water rights appurtenant to or historically associated with the 308-
acre CU South property, including but not limited to shares in the Dry Creek Ditch No. 2
Company, and dedicate the same to OSMP to allow for irrigation of the Replacement Property
in perpetuity. Any required realignment of the existing Dry Creek Ditch No.2 or additional
laterals or structures needed to allow delivery of water to the Replacement Property will be
included in the Environmental Mitigation Plan.
The acquisition of the 30.2 shares of Dry Creek Ditch No. 2 is provided for in the CU South
Annexation Agreement and will proceed after all approvals for the Project have been secured.
These shares will be purchased by the City as part of the Project, without the use of OSMP or
Open Space Fund monies.
7.6. Other Damage: The Environmental Mitigation Plan must include provisions to ensure
that any damage that may be caused to Open Space Lands upgradient of the Floodwall Acres
due to the detention of water by the Floodwall will be repaired. The plan will include
provisions ensuring that the City will commit to fund and implement any and all such
corrective measures deemed necessary by OSMP.
Appropriate maintenance activities and restoration will be developed in coordination with OSMP
for OSMP property.
7.7. Other Permits: If any federal permit required for the Project requires environmental
mitigation measures that are stricter or more favorable to the environment than those required
Attachment C: SBC OSMP Disposal Request
Agenda Item 4B Page 43
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under this Resolution, those shall be incorporated into the Environmental Mitigation Plan. If
any such federal permit contains requirements that are less strict or less favorable to the
environment than those required under this Resolution, as determined by OSMP, the terms of
this Resolution shall continue to apply.
The Environmental Mitigation Plan currently exceeds regulatory requirements for mitigation of
habitat and Threatened and Endangered Species.
7.8. Limited CU Use: OSMP shall make available to CU some portion of acreage of the
Replacement Property, for the mitigation of impacts from CU's development of its property on
federal- and state-listed plant and animal species and wetlands. Such mitigation efforts will be
coordinated and managed by the City. CU will fund the mitigation work for its required
mitigation acreage in advance.
Collaboration for environmental mitigation is outlined in the CU South Annexation agreement.
7.9. Other Environmental Impacts: The Environmental Mitigation Plan must also address any
and all environmental impacts from the Project that are not addressed in this Resolution, such
as (i) the groundwater analysis referenced in plans for the OSBT August 2021 study session,
(ii) the design, construction, operation, and maintenance guidelines for the Groundwater
Conveyance System associated with the Floodwall, or (iii) the Environmental Impact
Statement and a Site-Specific Biological Assessment for the Project, and (iv) any flood storage
requirement from future flooding.
See previous responses.
8.Community benefits provisions: The City will secure the following community benefits that OSBT
believes may best be obtained through the annexation agreement regarding the CU South Property.
8.1 Land Transfer: The transfer from CU to the City of the unencumbered fee title to the
Replacement Property (see # 6) to then be transferred and dedicated to OSMP.
The University will transfer 80-acres to the City of Boulder, once agreement conditions are met,
of which 36 acres are expected to be used for flood mitigation and 44 acres will be dedicated to
Open Space after environmental mitigation is complete. In addition, the Utilities will purchase
the remaining 75 acres for a total 119 acres designated OS-O, pursuant to the terms and
conditions outlined in the annexation agreement.
8.2 Landscape Screening: Because the removal of the levee, the trees along it, and non-native
trees in the floodplain restoration area will make the CU development much more visible from
the adjoining OSMP lands and from Highway 36, CU shall include landscaping and plantings
as part of the development of its property to screen structures and to protect the existing
Attachment C: SBC OSMP Disposal Request
Agenda Item 4B Page 44
PO Box 791, Boulder, CO 80305 | bouldercolorado.gov | 303-441-3200
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viewshed.
Not applicable recommendation for CU development.
8.3 Noise and Light: The proposed CU development will be adjacent to OSMP property and
has the potential to degrade the habitat quality, wildlife use, and visitor experience on the
adjacent OSMP lands by introducing light and noise pollution that does not exist today.
Accordingly, CU and the City agree to conduct a baseline study to establish current conditions
and agree to specific provisions to ensure that use of the CU property, initially or as it may
change over time, will not result in light and noise pollution impacts on the adjacent OSMP
land, including but not limited to that from nighttime sports lighting and amplified sound
systems even if the same would otherwise be allowed under City codes.
Not applicable recommendation for CU development and addressed in CU South Annexation
Agreement.
8.4 Water Rights: The transfer from CU to the City of all Dry Creek Ditch No. 2 Company
water rights appurtenant to or associated with the 308-acre CU South Property, and all
decreed or permitted wells on the Replacement Property, to be transferred and dedicated to
OSMP.
See response to Item 7.5 no wells will be developed for water supply related to project only
monitoring wells will be installed.
9. Trails: The location of any trails on the Replacement Property and the regulations which apply to the
use of those trails will only occur and be determined through the normal OSMP public planning
process.
Not applicable related to future management of the environmental mitigation area.
10. No other use of OSMP lands: Nothing in this Resolution authorizes the City to use or damage any
Open Space Lands outside of the boundaries of the Floodwall Acres for the Project. Any temporary
use of Open Space Lands outside of the Floodwall Acres needed for construction activities related to
the Project shall be made only after approval of such activities by the OSBT, and then subject to such
terms and conditions as may be reasonably required by the OSBT. To the maximum extent feasible all
excavating, staging, delivery of material, and other construction activities related to the Project, and
all ongoing access to the Floodwall and related monitoring systems, shall take place in the area
between the Floodwall and Highway 36 rather than upgradient of the Floodwall.
The Project is working with OSMP on any temporary agreements that will be needed outside of
the OSMP Disposal area for construction.
Attachment C: SBC OSMP Disposal Request
Agenda Item 4B Page 45
PO Box 791, Boulder, CO 80305 | bouldercolorado.gov | 303-441-3200
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11. No precedent: Nothing in this Resolution regarding disposal of the Floodwall Acres should be
interpreted or construed as setting any precedent for future disposals of OSMP lands.
Acknowledged.
12.Decommissioning and City Ownership. The Inter-Departmental MOU will include provisions that if
the Floodwall is ever decommissioned, no longer needed for flood protection, or abandoned by the
City, the City will (a) remove the Floodwall and associated features and facilities, (b) restore the
Floodwall Acres to a natural condition reasonably acceptable to OSMP, (c) re-establish the natural
flow of groundwater through the Floodwall Acres, and (d) transfer management of the Floodwall
Acres back to OSMP, all at no cost to OSMP and without use of the Open Space Fund. The City shall
maintain ownership of the Floodwall Acres and shall not sell or otherwise transfer ownership or
management of this land to any third party or support the taking of this land by a third party.
Acknowledged.
Attachment C: SBC OSMP Disposal Request
Agenda Item 4B Page 46
CP CP CP
PRELIMINARY
NOT FOR CONSTRUCTION
SCALE IN FEET
0 100 200 400 600EXISTING 24" DIA RCP
VIELE CHANNEL
EXISTING (3) 60" DIA RCP
VIELE CHANNEL
DRY CREEK DITCH NO. 2
EXISTING 18"x24"
ELLIPTICAL RCP
EXISTING DRY CREEK
DITCH NO. 2 CROSSING
6'x4' CBC
EXISTING 18"x24"
ELLIPTICAL RCP
EXISTING 24"x36"
ELLIPTICAL RCP
SOUTH BOULDER CREEK
(2) 10'x4' CBC
EXISTING WILDLIFE CROSSING
US 36
EXISTING 36"x60" RCP
CONSULTANTS, INC.P:\16134 - SOUTH BOULDER CREEK\CAD\FIGURES\16134_TEMPORARY IMPACT BOUNDARY.DWG 12/13/2023 11:23 AMPROJECT NO. 16134
SOUTH BOULDER CREEK
REGIONAL DETENTION FACILITY
DECEMBER 2023 FIGURE 4
PERMANENT IMPACT
BOUNDARY
CU PROPERTY
BOUNDARY
CDOT ROW
PERMANENT
IMPACT BOUNDARY
(2.18 ACRES)
DISPOSAL AREA
DISPOSAL AREA
(2.18 ACRES)
1
Attachment C: SBC OSMP Disposal Request
Agenda Item 4B Page 47
CP CP CP
PRELIMINARY
NOT FOR CONSTRUCTION
SCALE IN FEET
0 100 200 400 600EXISTING 24" DIA RCP
VIELE CHANNEL
EXISTING (3) 60" DIA RCP
VIELE CHANNEL
DRY CREEK DITCH NO. 2
EXISTING 18"x24"
ELLIPTICAL RCP
EXISTING DRY CREEK
DITCH NO. 2 CROSSING
6'x4' CBC
EXISTING 18"x24"
ELLIPTICAL RCP
EXISTING 24"x36"
ELLIPTICAL RCP
SOUTH BOULDER CREEK
(2) 10'x4' CBC
EXISTING WILDLIFE CROSSING
US 36
EXISTING 36"x60" RCP
CONSULTANTS, INC.P:\16134 - SOUTH BOULDER CREEK\CAD\FIGURES\16134_TEMPORARY IMPACT BOUNDARY.DWG 12/13/2023 11:24 AMPROJECT NO. 16134
SOUTH BOULDER CREEK
REGIONAL DETENTION FACILITY
DECEMBER 2023 FIGURE 6
TEMPORARY AND PERMANENT
IMPACT BOUNDARY
CU PROPERTY
BOUNDARY
CDOT ROW
PERMANENT
IMPACT BOUNDARY
(2.18 ACRES)
TEMPORARY
IMPACT BOUNDARY
(1.88 ACRES)
CONSTRUCTION AREA
INCLUDING
DISPOSAL AREA
2
DISPOSAL AREA
(2.18 ACRES)
TEMPORARY
CONSTRUCTION
AREA (1.88 ACRES)
Attachment C: SBC OSMP Disposal Request
Agenda Item 4B Page 48
±REPRODUCEIN COLOR
0 800 1,600400
Feet
±P:\16134 - South Boulder Creek\Engineering\GIS\Land Disposal\OSMP Dec 2023 Memo\Figure 8.mxdLegend
CU Boulder South
Boundary
CORVUS Study
Area
ULTO
PMJM
Open Waters
Wetlands -
CORVUS Survey
Wetlands - City
Data Base
Prebles Critical
Habitat Area
S BOULDER RD
US3
6
TABLE MESA DR
HW
Y
9
3 SOUTH BOULDER CREEKDRY CREEKDITCH NO.2
UPPER BEARCREEK DITCHS BOULDER ANDBEAR CREEK DITCH
VIELE CHANNEL
COMPOSITE PLAN OF
ENVIRONMENTAL
RESOURCES
November 2023
SOUTH BOULDER CREEK
REGIONAL DETENTION
PROJECT
PROJECT NO. 16134 Figure 8
REPRODUCEIN COLOR
3
Attachment C: SBC OSMP Disposal Request
Agenda Item 4B Page 49
US3
6
SOUTH BOULDER CREEKVIELE CHANNEL
PROJECT NUMBER 16134
SOUTH BOULDER CREEK
REGIONAL DETENTION
PROJECT
December 2023
P:\16134 - South Boulder Creek\Engineering\GIS\Land Disposal\OSMP Dec 2023 Memo\Figure 9.mxdCOMPOSITE PLAN OF
ENVIRONMENTAL RESOURCES -
OSMP LAND DISPOAL AREA
Figure 9
±DRY CREEK DITCH NO. 2Legend
Permanent
Temporary
Perm_NC_P...
Perm_ULTO
Perm_C_PM...
Temp_Wetland
CU Boulder
South
Permanent Impact Boundary
Temporary Impact Boundary
Non-Critical PMJM Habitat
ULTO Habitat
Critical PMJM Habitat
Wetlands - CORVUS Survey
CU Boulder South Campus
Boundary
Temporary Construction Area
Disposal Area
4
Attachment C: SBC OSMP Disposal Request
Agenda Item 4B Page 50
Westervelt Ecological Services, LLC 26
Figure 11. Ecological Project 60 Percent Design Approach
Appendix J
Attachment C: SBC OSMP Disposal Request
Agenda Item 4B Page 51
MEMORANDUM
TO: Open Space Board of Trustees
FROM: Dan Burke, Director, Open Space and Mountain Parks
Lauren Kilcoyne, Deputy Director
Bethany Collins, Real Estate Sr. Manager
DATE: January 17, 2024
SUBJECT: Written Information: Request from Public Service Company of Colorado
(dba Xcel Energy) and on behalf of Comcast/Xfinity,
CenturyLink/Lumen and the City of Boulder Innovation and Technology
department to approve utility agreements for the use of certain City of
Boulder Open Space lands to install and maintain subsurface electric and
telecommunication utilities via open trenching or boring pursuant to the
disposal procedures of Article XII, Section 177, of the City of Boulder
Charter
________________________________________________________________________
EXECUTIVE SUMMARY
The purpose of this memo is to provide written information to the Open Space Board of Trustees
(OSBT) around a request received by the Open Space and Mountain Parks (OSMP) department from
Public Service Company (dba Xcel Energy) and on behalf of Comcast/Xfinity, CenturyLink/Lumen
and the City of Boulder’s Innovation and Technology (IT) department to approve utility agreements
for the use of portions of the City-owned Batchelder Open Space property (“OSMP Property” shown
on Attachment A), which is managed by the OSMP department, to install and maintain subsurface
electric and telecommunication utilities via open trenching or boring.
The utility project would entail a phased approach to wholesale underground of all existing overhead
utilities, as well as new city-owned broadband fiber, via joint trenching/co-location within the same
corridors in the Chautauqua area. This proposal includes removal of the existing overhead utilities and
connectivity to the city-owned Enchanted Mesa Water Tank; emergency radio tower used by OSMP
Rangers; and OSMP Ranger Cottage as well as the greater Chautauqua campus, and approval of this
request would replace the previously alignment approved by OSBT and City Council in August 2023
for IT installation of broadband fiber in Enchanted Mesa Trail/Road.
The proposed utility corridors are conceptually depicted on Attachment A and are requested in
alignments which generally have existing utility, trail, fencing and other infrastructure and which have
been selected to minimize environmental, resource and visitor impacts. Benefits associated with
undergrounding the overhead utilities at Chautauqua and co-locate electric and telecommunication
infrastructure together, including enhanced reliability, wildfire protection, improved aesthetics,
preservation of historic viewsheds, mitigation of overall impacts, and preparation for electrification
and electrical vehicle adoption.
The corridors would be 10’-wide except for an area along the eastern alignment where there
would be 20’x20’ area to accommodate a new electric cabinet. In some areas the utility corridors
may overlap the CCA leasehold or private property with existing utility easements, with less than
10’ on the OSMP property. The IT service connection to the Enchanted Mesa Water Tank is still
being analyzed and may require a separate tie-in as conceptually depicted on Attachment A.
Written Information - Item A - Page 1
While some of the installation may occur via boring, most will likely require open trenching due
to the topography and geological conditions. The total surface disturbance for installation via
trenching is anticipated to total under one acre. See Attachment B for a typical joint trench
design. OSMP program staff have not expressed concern with the request and have not identified
any sensitive or rare resources in the proposed alignments. Anticipated visitor impacts will be
mitigated via coordinated timing, detours, informational signage, and on-site personnel during the
project. Because the utility installation involves ground disturbance, the utility providers will be
required to coordinate a cultural resource survey prior to installation, and work with OSMP staff
to adjust alignments if warranted.
Authorizing uses of Open Space land by a utility provider or another city department must be
consistent with Article XII, sections 175(a) and 177 which require an OSBT approval and
recommendation to City Council. If recommended and approved by OSBT and approved by City
Council, OSMP staff will work with the City Attorney’s Office (CAO) to finalize the conveyances of
rights to the City and all utilities and will monitor and enforce their terms which will include
provisions related to construction/reconstruction disturbance, restoration (including revegetation and
weed control), and ongoing maintenance access.
This matter will be brought forward at a future meeting for a Board recommendation and decision.
ATTACHMENTS:
•Attachment A: Property Map with Utility Corridors
•Attachment B: Typical Joint Trench Design
Written Information - Item A - Page 2
#*
#*EnchantedMesaEnchantedM esaBatchelder
Austin - Russell
Enchanted Mesa N. I. S. T. CE
Baseline Rd Baseline RdBaseline Rd
Bellevue
Dr12th StSumac Dr
Kinnikinnic RdGoldenrod DrChautauquaP arkR dColumbine Ave
M esaCanyonDrWild Rose RdAstor Ln 13th StClematis Dr
BluebellAve11th StPrimrose Rd
Gaillardia Ln
M orningGloryDr
Lupine Ln Mar iposaAve10th St13th StKinniki
nnicRdCl e m a tisDrUser: cassidyj Date: 1/8/2024 Document Path: E:\MapFiles\Property\Chautauqua Area Properties\Location_ChautauquaBoardMap.mxd
Attachment A-Property Map and Utility Corridors
I
0 150 300 450 600Feet
Legend
10'-wide-Utility Corridor
10'-wide Broadband Fiber Service Connection
#*Transformer
#*Switch Cabinet
Hiking Trail
Properties Managed by COB Parks and Recreation
OSMP Ownership
OSMP Easement
Written Information - Item A - Page 3
Attachment B: Typical Trench Design
Written Information - Item A - Page 4