03.13.24 OSBT PacketOpen Space Board of Trustees
March 13, 2024
This meeting will have virtual attendance only for members from the public.
MEETING AGENDA
(Please note that times are approximate.)
I. (6:00) Call to Order and Roll Call
II. (6:05) Matters from the Department
A. Fort Chambers / Poor Farm: Concept Plan Introduction
III. (7:20) Approval of the Minutes
IV. (7:25) Public Comment for Items not Identified for Public Hearing
V. (7:40) Matters from the Board
A. Trustee questions on written memo items or public comment
B. Accept OSBT response to City Council's inquiry of "what two to three
community issues or opportunities are on OSBT's minds in 2024."
VI. (8:00) *Continuation of the February 22, 2024 Public Hearing to consider a request
from the City of Boulder’s Utilities department to 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, pursuant to the disposal procedures of Article XII,
Section 177 of the City of Boulder Charter, and related matters (NOTE: No
additional Public Testimony will be taken)
VII. (9:15) *Request for a recommendation to City Council on the proposed annexation of
approximately 4.06 acres of land located at 5600 Table Mesa Drive, currently
managed as open space within Area III and designated as Open Space-Acquired
(OS-A) under the Boulder Valley Comprehensive Plan
VIII. (9:35) Adjourn
*Public Hearing Item
Written Information
A. Shanahan Tall Oatgrass Project Update
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 February 27, 2024)
April 10, 2024
May 8, 2024 June 12, 2024
Matters from the Board:
• Swearing in and welcoming of
New Trustee (10 min)
• OSBT officer Elections (10
min)
• Outgoing Board Member
proclamation (10 min)
• Trustee questions on Written
Memo items or public
comment (10 min)
Action Items:
Matters from the Department:
• Volunteerism Program Update
and National Volunteer Week
Declaration (40 min)
• Updates on the DRMS
Marshall Mine
Remediation/Mitigation and
Marshall Mesa Trailhead
Improvement projects (45
min)
• Update on South Mesa
Trailhead Renovation (30 min)
• Director verbal updates (5
min)
Matters from the Board:
• Trustee questions on Written
Memo items or public comment
(10 min)
Action Items:
Matters from the Department:
• Update on the North Foothills
(HWY 36) Bikeway feasibility
study (45 min)
• Update on Wildland Urban
Interface (WUI) Wildfire
Mitigation Pilot Program (30
min)
• 2025 Budget Update: First
touch with the OSBT (35 min)
• Sawhill Ponds Improvement
Projects Update (30 min)
• Director verbal updates (5 min)
Matters from the Board:
• Trustee questions on Written
Memo items or public
comment (10 min)
Action Items:
• Assigning Management Area
Designations to specific Open
Space and Mountain Parks
properties that are without a
designation: Groups 2 and 3
(40 min)
Matters from the Department:
• 2025 budget Update: 2nd
touch with OSBT (40 min)
• Bear habitat Suitability and
On-leash trail regulations
evaluation (30 min)
• Boulder to Erie Regional Trail
(BERT) Update (40 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 February 14, 2024
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
Brady Robinson
Harmon Zuckerman
OSMP STAFF MEMBERS PRESENT
Dan Burke Jeff Haley Jennelle Freeston Heather Swanson Lauren Kilcoyne
Leah Russell Sam McQueen Tory Poulton Bethany Collins Andy Pelster
CALL TO ORDER
The meeting was called to order at 6:00 p.m.
AGENDA ITEM 1 – Approval of the Minutes
Michelle Estrella moved the Open Space Board of Trustees to adopt the minutes from Jan. 17, 2024 as
amended. Brady Robinson seconded. This motion passed four to zero; Jon Carroll was absent.
AGENDA ITEM 2 – Public Participation for Items not Identified for Public Hearing (4:00)
Lauren Clark spoke about the Voice and Sight Tag Program.
Joyce Frailey spoke about a Boulder County Special Use Application for a tennis center.
Lynn Segal spoke about CU South.
Travis Hugh Culley spoke about the Marshall Fire.
AGENDA ITEM 3 – Matters from the Board (26:20)
The board asked about the written information items. On the “North Foothills Habitat Conservation Area
Implementation” Brady asked about off trail travel and if a map can be provided showing what’s
proposed, along with anticipated use patterns.
On the “Update on the City-Tribal Updated Memorandum of Understanding” Dave asked about the
process for collecting and HCA access, and if Tribal members will be the only group to have special
access.
On the “US 36 / North Foothills Highway Bikeway Feasibility Study” Brady asked when construction
and also completion might take place. Dan said staff is coming back to the Board in May with more
specifics. Michelle expressed how important this project is for safety and also climate goals and looks
forward to it gaining more traction.
On the “Marshall Mine Coal Seam Mitigation and Marshall Mesa Improvement Project” the board asked
about safety concerns for gravel mining, timing for starting this work, and public access options along
with knowing what will be closed. Dan said staff will be back in April to talk about more details.
The Board discussed their process for responding to City Council’s request of what the top two to three
community issues are for OSBT in 2024. Harmon and Brady will create a draft document they will bring
back to the Board in March.
AGENDA ITEM 4 – Request for approval and recommendation to City Council to approve a
request by 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 use 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, Section177 of the City of Boulder Charter (47:50)
Bethany Collins, Real Estate Senior Manager, presented this item.
The Board asked several clarifying questions including, if this will have impact on existing hiking trails,
who is paying for the undergrounding, and if there will be any impacts to the radio tower. They
additionally asked if OSMP will still maintain surface management. Bethany said yes, all agreements
have specific protections.
Public Comment
Lynn Segal spoke in favor of this project.
Travis Hugh Culley spoke about the Marshall Mesa area and radioactivity.
Motion
Harmon Zuckerman moved the Open Space Board of Trustees to approve and recommend that
City Council approve the use of the Batchelder Open Space property lands by the 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 install and maintain subsurface
electric and telecommunication utilities via open trenching or boring in the general alignments
depicted on Attachment A pursuant to the disposal procedures of Article XII, Section 177 of the
City of Boulder Charter. Michelle Estrella seconded. This motion passed four to zero; Jon Carroll
was absent.
AGENDA ITEM 5 – Matters from the Department (1:06:20)
Sam McQueen, Business Services Senior Manager, presented the “Open Space & Mountain Parks
Comprehensive Fee Review”. The Board responded to the staff questions: “does the OSBT have any
questions about the posted RFP and its contents?” and “what information would the OSBT like to review
throughout the fee study process?” Questions included, the reasoning for this being outsourced to a
consultant, if equity and behavior can be looked at in addition to the impact fees have on residents, and if
there will be a chance for public response to the results from the consultant.
Heather Swanson and Tory Poulton presented the “2023 Annual Prairie Dog Update and 2024
Management Plans”. The Board asked several questions, including about adding additional receiving
sites. They also suggested committing to an in-person option for any future public meetings.
Dan Burke gave several verbal updates including, due to a technology update, the March OSBT meeting
will be held at an alternate location, the joint meeting with City Council will be held on Feb. 22, and the
city is welcoming Tribal Representatives on March 13 and 14 for several key events.
ADJOURNMENT – The meeting adjourned at 8:05 p.m.
These draft minutes were prepared by Leah Russell
MEMORANDUM
TO: Open Space Board of Trustees
FROM: Dan Burke, Director, Open Space and Mountain Parks
Lauren Kilcoyne, Deputy Director of Central Services
Kacey French, Planning and Design Senior Manager
Katie Knapp, Principal Planner
DATE: March 13, 2024
SUBJECT: Fort Chambers / Poor Farm: Concept Plan Introduction
Executive Summary
City staff are collaborating with designated representatives from Cheyenne and Arapaho Tribal Nations
to create a land stewardship plan for the Fort Chambers / Poor Farm property (Fort Chambers / Poor
Farm Management Plan | City of Boulder (bouldercolorado.gov)). The shared vision is to create a healing
place for all: community members, visitors, wildlife, agriculture and natural ecosystems, and is guided by
the theme “Heal the Land; Heal the People”. A draft Concept Plan (Attachment A) shows recommended
improvements and land uses associated with the property. In the upcoming weeks, community
members will have an opportunity to consider the plan recommendations and provide feedback using
an online questionnaire. There will also be open office hours for people to provide input in-person and
speak directly with project staff. Input received will be compiled and presented to the board at a future
meeting.
Context
The Fort Chambers / Poor Farm property is located east of North 63rd Street and south of Jay Road (an
area map is included as Attachment B). The property is important to Open Space and Mountain Parks
(OSMP) and the community, due to its history and association with the Sand Creek Massacre and the
land’s significant ecological and agricultural resources.
City staff are working on a government-to-government basis with the three Sovereign Tribal
Nations affected by the Sand Creek Massacre (the Cheyenne and Arapaho, the Northern Arapaho and
the Northern Cheyenne) to develop a management plan with recommendations for future property
improvements and guidance for ongoing land uses associated with the property. The Tribes long-term
relationship with the land has also been discussed; it was conveyed that the Tribes are not interested in
owning this property but would like to collaborate on the development of interpretive materials and
future stewardship, recognizing the site’s ability to support learning, healing and praying.
Background
The 113-acre property was purchased in 2018 due to its ability to fulfill many OSMP Charter purposes.
Informa�on about the property was compiled and shared online through an interac�ve site informa�on
report that informs the site planning process. The most recent Open Space Board of Trustees (OSBT)
update was on Dec. 6, 2023, and included:
• information about the ongoing planning process to develop the site management plan and the
shared vision for the site: “Heal the Land; Heal the People”.
Agenda Item 2A Page 1
•an overview of plan elements under consideration.
Previous updates to the board and council are available on the project webpage.
Concept Plan Introduction
A draft Concept Plan (Attachment A) was developed through a collaborative effort with Tribal
Representatives. Recognizing the site’s history and impacts from previous land uses, such as gravel
mining, there is a desire to make improvements that will turn the site into a healing place for all:
community members, visitors, wildlife, agriculture and natural ecosystems.
A shared vision for the property was developed in collaboration with Tribal Nation Representatives and
is guided by the theme: "Heal the Land; Heal the People".
The draft Concept Plan includes the following main elements:
1.Ecological Restora�on: to heal the land from past land uses and improve ecological health. A
large-scale restora�on project along the Boulder Creek corridor is recommended to improve
ecological health, restore ponds that were le� from gravel mining, remove berms to reconnect
the floodplain and create high quality wetlands that support na�ve wildlife. Restora�on efforts
could poten�ally extend to neighboring proper�es. Trash, debris and noxious weed removal is
also recommended.
2.A Healing Trail: indigenous plan�ngs, interpre�ve elements and program areas provide places
for educa�on, reflec�on, healing and gathering.
3.Visitor Access: an entrance drive leads to a parking area with a bus drop-off for public access.
Two access drive options are currently being evaluated. Bathroom facilities could also be
installed to support visitor use.
4.Agricultural/Farmstead Improvements: to support ongoing agriculture including diversified
vegetable farming and irrigated hay fields. This site has a long history of agriculture that dates
back to 1862. The irrigated fields are uniquely suited to support diversified vegetable farming
due to its fertile soils, irrigation water and farm structures. The Concept Plan includes
recommendations to preserve and enhance existing agricultural uses. Recommendations include
repairing and restoring the historic Queen Anne style house that once served as the Boulder
County Poor Farm to support an agricultural tenant. Educational opportunities related to the
Poor Farm and/or agriculture history could be explored as a secondary use of the historic house.
Next Steps
In the upcoming weeks, the draft Concept Plan will be presented to the community along with a
questionnaire to gather feedback and gauge community support. The engagement opportunity will be
broadly communicated to Tribal members in addition to the local community. Tribal Councils will also be
contacted to share input. Community and Tribal input will be compiled and analyzed prior to being
presented to the board. Depending on the feedback received, revisions to the Concept Plan may be
considered. Any significant revisions would be discussed and considered in collaboration with the Tribes.
It is anticipated that staff will return to the board this summer with a summary of community feedback
and an outline of next steps. A final Concept Plan would be presented for board consideration at a later
date. A summary of the overall planning process is shown below, with a star indicating our current step.
Agenda Item 2A Page 2
Attachments:
• Attachment A: Concept Plan
• Attachment B: Area Map
Phase 1
•Compile Site
Information
•MOU
Development
Phase 2
•Identify
Opportunities
•Develop
Alternatives
Phase 3
•Evaluate
Alternatives
•Develop draft
Concept Plan
Phase 4
•Community and
Board feedback
•Final Concept Plan
Development
•Concept Plan
Adoption
Tribal Collabora�on
Q3 2022 – Q1 2023 Q1-Q2 2023 Q3 2023 – Q1 2024 Q1-Q2 2024
Note: Timeline approximate and subject to change.
Agenda Item 2A Page 3
ATTACHMENT A
Agenda Item 2A Page 4
Ecological Restoration:
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ATTACHMENT A
Agenda Item 2A Page 5
12
INTERPRETIVE HEALING TRAIL: FORT CHAMBERS / POOR FARM
NORTH
Healing Trail: indigenous plantings, interpretive
elements, and program areas provide places for
education, reflection, healing, and gathering
Heal the Land, Heal the People
An interpretive, healing trail provides places for education,
reflection, healing, and gathering. The images are examples
of the types of elements that could be included to share the
history of the site and connection to the Sand CreeN Massacre.
Note: Trails may be subMect
to seasonal Zildlife closures
PROPOSED TRAILS (DRIVABLE)
INDIGENOUS PLANTS
INTERP. NODE / PROGRAM AREAS
SITE LEGEND
PROPOSED ACCESS ROAD
PROPOSED TRAILS (ACCESSIBLE)
PROPERTY LINE
WETLANDS
ACCESS TO WATER
PONDS / FORMER GRAVEL MINES
photo: Holly Lepere, Lepere Studio
photo: Clemens Franz, Creative Commons
ATTACHMENT A
Agenda Item 2A Page 6
ATTACHMENT A
Agenda Item 2A Page 7
Farmstead Improvements: to support
agriculture recommendations include
restoration of tKe Kistoric 4ueen $nne style
Kouse and existing agricultural structures
$*RIC8/78R(: F2R7 C+$0B(R6 P22R F$R0
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7Kis 6ite Concept includes recommendations to preserve and
enKance existing agricultural uses
7Kis site is uniTuely suited to support diversified vegetaEle
farming due to its fertile soils, irrigation water, and farm structures
Restore tKe Kistoric Kouse tKat
once served as tKe Boulder County
Poor Farm 7Ke Kouse would
support an agricultural tenant
witK education opportunities
explored as a secondary use
Repair existing farm structures to
support agricultural operations
ATTACHMENT A
Agenda Item 2A Page 8
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at Jay Rd
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North
Sawhill
Access
Northeast
Sawhill
Access East
Sawhill PondsFORT CHAMBERS / POOR FARM - AREA MAP
!i OSMP Trailhead with Parking
!(A OSMP Access Point - parking on public roads
!i Other Boulder Area Trailheads
OSMP Hiking Trail
OSMP Multi-Use Trail
Other Boulder Area Trails
OSMP Easement
OSMP Ownership
Boulder County Open Space 0 1,000500FtN
Walden PondsFort Chambers
Poor Farm
Twin Lakes
Valmont Butte
Boulder Creek
Boulder Airport
Boulder CreekJay Rd.
Andrus Rd.
Valmont Rd.75th St.63rd St.61st St.Heatherwood Trail
LOBO Trail
LOBO Trail
Diagonal HwyAttachment B
Agenda Item 2A Page 9
CITY OF BOULDER
OPEN SPACE BOARD OF TRUSTEES AGENDA ITEM
MEETING DATE: March 13, 2024
AGENDA TITLE
Continuation of the February 22, 2024 Public Hearing to consider a request from the City of
Boulder’s Utilities Department to 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, pursuant to the disposal procedures of Article XII,
Section 177 of the City of Boulder Charter, and related matters.
PRESENTERS
Dan Burke, Director, Open Space and Mountain Parks
Joe Taddeucci, Director, Utilities
Lauren Kilcoyne, Deputy Director, OSMP
Bethany Collins, Real Estate Sr. Manager, OSMP
Don D’Amico, Senior Resource Project Manager, OSMP
Brandon Coleman, Civil Engineer Manager, Utilities
EXECUTIVE SUMMARY
This is a continuation of the Feb. 22, 2024 joint City Council and Open Space Board of
Trustees (OSBT) Public Hearing to consider the request from the City of Boulder’s Utilities
Department to 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. The meeting held on Feb. 22 consisted of a staff
presentation, clarifying questions from City Council and OSBT, and public testimony. At the
March 13, 2024 meeting, OSBT will consider and deliberate on the staff recommendation
regarding this matter. No additional public testimony will be taken. If recommended and
approved, City Council will consider the matter at its March 21, 2024 meeting. The Memo
for this matter is included as Attachment A.
STAFF RECOMMENDATION
Open Space and Mountain Parks staff recommends the Open Space Board of Trustees make the
following motion related to this request:
The Open Space Board of Trustees moves to adopt a resolution to approve and recommend that
City Council approve the request from the City of Boulder’s Utilities Department to 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,
pursuant to the disposal procedures of City Charter, Article XII, Sec. 177 that will be
Agenda Item VI - 3.13.24
documented in an Interdepartmental Memorandum of Understanding between the Utilities
Department and the Open Space and Mountain Parks Department, that includes the following
provisions:
1.Prior to use or management of the approximately 2.2-acre Transfer Area by the Utilities
Department, the City will acquire the approximately 119-acre OS-O Site and 30.2 shares of Dry
Creek Ditch No. 2 Water Rights from the Regents of the University of Colorado at no cost to the
Open Space fund and in a manner that is consistent with Paragraph 12, “Conveyance of Land,”
of the Annexation Agreement between the City of Boulder and The Regents of the University of
Colorado recorded in the records of the Boulder County Clerk and Recorder at Reception
Number 03916406 on September 27, 2021. Said land and water rights will be
managed by the Open Space and Mountain Parks Department for open space purposes, subject to
the Utilities Department’s use for the Mitigation Project.
2.The OS-O Site and Water Rights acquired for open space purposes will be used by the
Utilities Department for the Mitigation Project in consultation with OSMP staff, until the
restoration goals and regulatory and contractual requirements related to the Flood Project are
completed.
3.The 1.9-acre Temporary Construction Area used by the Utilities Department during
construction of the Flood Project will be restored to the satisfaction of Open Space and Mountain
Parks Department staff.
4.The Transfer Area will revert to Open Space and Mountain Parks Department management if
the Flood Project is not fully permitted or otherwise able to be constructed, or if the Transfer
Area is no longer used or needed by the Utilities Department in the future
ATTACHMENTS:
•Attachment A: Feb. 22, 2024 Joint City Council and OSBT Memo
Agenda Item VI - 3.13.24
CITY OF BOULDER
JOINT CITY COUNCIL and OPEN SPACE BOARD OF TRUSTEES
AGENDA ITEM
MEETING DATE: February 22, 2024
AGENDA TITLE
Consideration of a request from the City of Boulder’s Utilities Department to 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, pursuant to the disposal procedures of Article XII, Section 177 of the
City of Boulder Charter, and related matters.
PRESENTERS
Nuria Rivera-Vandermyde, City Manager
Dan Burke, Director, Open Space and Mountain Parks
Joe Taddeucci, Director, Utilities
Lauren Kilcoyne, Deputy Director, OSMP
Bethany Collins, Real Estate Sr. Manager, OSMP
Don D’Amico, Senior Resource Project Manager, OSMP
Brandon Coleman, Civil Engineer Manager, Utilities
EXECUTIVE SUMMARY
This agenda item is for consideration of 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 dispose of by transferring to Utilities the ongoing 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
documents related to the Utilities request, 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
Item 3A - Flood Mitigation Transfer Request Page 1
ATTACHMENT A - OSBT 3.13.24
the area known as the West Valley via construction of a regional detention facility and floodwall
upstream of US Highway 36.
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 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, the expected benefits from
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 for Utilities 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 disposal by transferring the use and management of the Transfer Area to Utilities is
recommended and approved by the Open Space Board of Trustees (OSBT), it is
anticipated that OSBT will also include a recommendation to City Council 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 ecological 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 prior 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 and Water Rights will be 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
Item 3A - Flood Mitigation Transfer Request Page 2
ATTACHMENT A - OSBT 3.13.24
Memorandum of Understanding (Conveyance IDMOU), consistent with Section 8-8-11,
“Transfer of Open Space Lands,” B.R.C. 1981 and following the disposal process set forth in
City Charter, Article XII, Sections 175(a) and 177. The Conveyance IDMOU will outline the
terms and responsibilities related to the use and management of the Transfer Area to be
transferred to Utilities and the acquisition of the OS-O Site and Water Rights for OSMP
management and will include provisions for reversion back to OSMP management if the
Transfer Area is no longer used or needed by Utilities in the future. The Conveyance IDMOU
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.
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 is only needed during the
construction phase of the Flood Project and will remain under the ongoing management of
OSMP (management of this area will not be transferred to Utilities). These agreements will
provide specific terms and conditions related to temporary disturbance and access during
construction of the Flood Project and restoration, monitoring, maintenance, and departmental
cooperation for the OS-O site and the groundwater conveyance system. The activities associated
with these two 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 (the Transfer Area plus the Temporary
Construction Area) utilized for the Flood Project and a portion of the US Highway 36 right-of-
way so the entire Flood Project will be located within Boulder city limits. Because the portion of
the OSMP Property proposed for annexation is currently open space located in Area III and
designated Open Space – Acquired (OS-A) under the BVCP, at a future meeting OSBT will be
asked to provide a recommendation to City Council on the proposed annexation consistent with
City Charter, Article XII, Sec. 175.e and the OSBT recommendation will be provided to City
Council as part of City Council’s future consideration of the annexation application.
In summary, this memo will detail:
-The request from Utilities to transfer ongoing control, use and
management of an~2.2-acre portion of the OSMP Property (Transfer
Area).
- The temporary use and restoration of ~1.9 acres of the OSMP Property
during construction of the Flood Project (Temporary Construction
Area).
- The potential acquisition of the ~119-acre OS-O Site and Water Rights
by the City for 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
Item 3A - Flood Mitigation Transfer Request Page 3
ATTACHMENT A - OSBT 3.13.24
Transfer Area to Utilities and the acquisitions of the OS-O site by the
City and designation for management by OSMP.
- OSMP staff assessment of Utilities’ request within the framework of
OSMP’s L&D Guidance.
- OSMP staff summary of Utilities’ request related to 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 the provisions of the transfer of the
ongoing use and management of the Transfer Area to Utilities and OS-O Site
and Water Rights to OSMP
- 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 the City 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
- 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 pen space purposes (Attachment A, Figure 6)
- PMJM – Preble’s Meadow Jumping Mouse
- SBCSNA – South Boulder Creek State Natural Area
- Temporary Construction Area – Approximately 1.9 acres of the OSMP
Property needed for construction during the Flood Project and that will remain
under OSMP management (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 ongoing 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
Item 3A - Flood Mitigation Transfer Request Page 4
ATTACHMENT A - OSBT 3.13.24
- 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
STAFF RECOMMENDATION
OSMP staff recommends the Open Space Board of Trustees and City Council make the
following motions related to this request:
The Open Space Board of Trustees moves to adopt a resolution to approve and
recommend that City Council approve the request from the City of Boulder’s
Utilities Department to 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, pursuant to the
disposal procedures of City Charter, Article XII, Sec. 177 that will be
documented in an Interdepartmental Memorandum of Understanding between the
Utilities Department and the Open Space and Mountain Parks Department, that
includes the following provisions:
1. Prior to use or management of the approximately 2.2-acre Transfer Area
by the Utilities Department, the City will acquire the approximately 119-
acre OS-O Site and 30.2 shares of Dry Creek Ditch No. 2 Water Rights
from the Regents of the University of Colorado at no cost to the Open
Space fund and in a manner that is consistent with Paragraph 12,
“Conveyance of Land,” of the Annexation Agreement between the City of
Boulder and The Regents of the University of Colorado recorded in the
records of the Boulder County Clerk and Recorder at Reception Number
03916406 on September 27, 2021. Said land and water rights will be
managed by the Open Space and Mountain Parks Department for open
space purposes, subject to the Utilities Department’s use for the Mitigation
Project.
2. The OS-O Site and Water Rights acquired for open space purposes will be
used by the Utilities Department for the Mitigation Project in consultation
with OSMP staff, until the restoration goals and regulatory and contractual
requirements related to the Flood Project are completed.
3. The 1.9-acre Temporary Construction Area used by the Utilities
Department during construction of the Flood Project will be restored to the
satisfaction of Open Space and Mountain Parks Department staff.
4. The Transfer Area will revert to Open Space and Mountain Parks
Department management if the Flood Project is not fully permitted or
otherwise able to be constructed, or if the Transfer Area is no longer used
or needed by the Utilities Department in the future.
Item 3A - Flood Mitigation Transfer Request Page 5
ATTACHMENT A - OSBT 3.13.24
COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS
•Economic – The approval of the transfer of ongoing use and management of the Transfer
Area would facilitate the Flood Project which will protect an estimated 2,500 people and
260 structures, which includes1,100 dwelling units, in an area that experience extensive
flood damage and economic impacts in the 2013 flood. The flood mitigation project will
avoid future damage to this area as a result of flooding up to a 100-yr event and will
reduce the impact in this area in larger storm events and mitigate the overtopping of US
Highway 36.
And
The City Council moves to approve the request from the City of Boulder’s
Utilities Department to 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, pursuant to the
disposal procedures of City Charter, Article XII, Sec. 177 that will be
documented in an Interdepartmental Memorandum of Understanding between the
Utilities Department and the Open Space and Mountain Parks Department, that
includes the following provisions:
1.Prior to use or management of the approximately 2.2-acre Transfer Area
by the Utilities Department, the City will acquire the approximately 119-
acre OS-O Site and 30.2 shares of Dry Creek Ditch No. 2 Water Rights
from the Regents of the University of Colorado at no cost to the Open
Space fund and in a manner that is consistent with Paragraph 12,
“Conveyance of Land,” of the Annexation Agreement between the City of
Boulder and The Regents of the University of Colorado recorded in the
records of the Boulder County Clerk and Recorder at Reception Number
03916406 on September 27, 2021. Said land and water rights will be
managed by the Open Space and Mountain Parks Department for open
space purposes, subject to the Utilities Department’s use for the Mitigation
Project.
2.The OS-O Site and Water Rights acquired for open space purposes will be
used by the Utilities Department for the Mitigation Project in consultation
with OSMP staff, until the restoration goals and regulatory and contractual
requirements related to the Flood Project are completed.
3. The 1.9-acre Temporary Construction Area used by the Utilities
Department during construction of the Flood Project will be restored to the
satisfaction of Open Space and Mountain Parks Department staff.
4.The Transfer Area will revert to Open Space and Mountain Parks
Department management if the Flood Project is not fully permitted or
otherwise able to be constructed, or if the Transfer Area is no longer used
or needed by the Utilities Department in the future.
Item 3A - Flood Mitigation Transfer Request Page 6
ATTACHMENT A - OSBT 3.13.24
• Environmental - The Mitigation Project connected to the request from Utilities will meet
OSBT and City Council requirements to mitigate for impacts to city open space land and
resources, add significant acreage of restored wetlands and habitat to the OSMP system,
reconnect the South Boulder Creek floodplain, and reduce habitat fragmentation.
• Social – The Flood Project will protect residents and residences located in the “West
Valley” area, including the Frasier Meadows senior community, but construction of the
Flood Project and Mitigation Project will also impact the historic recreation patterns of
community members utilizing the existing CU South property.
OTHER IMPACTS
• Fiscal – No costs associated with the Flood Project, Mitigation Project or acquisitions
related to the request will come from the open space fund. The flood mitigation,
acquisitions and environmental restoration will be funded using Utilities enterprise bond
funds as approved in the 2024 budget.
• Staff time - Sufficient funding for OSMP staff time is available to perform the work
necessary to process this request and collaborate with Utilities on the planning and design
for the Flood Project and Mitigation Project as well as drafting of agreements associated
with this request.
RESPONSES TO QUESTIONS FROM COUNCIL AGENDA COMMITTEE
None
BOARD AND COMMISSION FEEDBACK
None
PUBLIC FEEDBACK
None
BACKGROUND
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 US
Highway 36 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 US Highway 36 during a 1% (100-yr) flood. US
Highway 36 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 would overtop US Highway 36 and flood the West Valley area of the city during a 500-yr
flood event. 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.
Item 3A - Flood Mitigation Transfer Request Page 7
ATTACHMENT A - OSBT 3.13.24
Additionally, 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 US Highway 36, at the
time referenced as “new berm.”
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 how/if 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 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 transfer of the ongoing use and management of the
approximately 2.2-acre Transfer Area to Utilities for flood mitigation infrastructure and
maintenance as well as the temporary use of the approximately 1.9-acre Temporary
Construction Area during construction of the Flood Project (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 through
project design 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 No. 2 Ditch service area. While the OS-O Site will be 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 terms to be described in the Temporary Construction IDMOU.
Item 3A - Flood Mitigation Transfer Request Page 8
ATTACHMENT A - OSBT 3.13.24
b. Impacts and benefits to OSMP programs and/or the general public
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. 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.
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 that is
part of the South Boulder Creek State Natural Area (“SBCSNA”).
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.
4. Adding high value water rights to the OSMP water portfolio to support native
habitat and local agriculture.
A potential public impact will include the alteration to historic and current public use
patterns within the Flood Project area and on the OS-O Site during construction of both
the Flood Project and the Mitigation Project. The OS-O Site will be closed to the public
during Mitigation Project construction and, consistent with new OSMP acquisitions and
regulatory oversight, will remain closed until all permit conditions have been satisfied
and a management plan for this newly acquired OSMP area is developed. During OSMP
planning processes that guide the development of a land management plan, OSMP staff
will evaluate resource management and infrastructure needs of the property and consider
public use, ongoing agricultural operations and protection of the sensitive environmental
resources. OSMP will 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 1999 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.
Item 3A - Flood Mitigation Transfer Request Page 9
ATTACHMENT A - OSBT 3.13.24
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 Threatened
Species (species considered to be threatened under the Endangered Species Act of 1973)
Regulated Resources
Project Total (rounded) OSMP Property (rounded)
Temporary
Impacts
(acres)
Permanent
Impacts
(acres)
Temporary
Impacts
(acres)
Permanent
Impacts
(acres)
Flood Project Area 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) 0.0 32.8 0.0 0.0**
PMJM noncritical habitat 2.2 4.0 1.7 2.0
PMJM critical habitat 0.3 0.8 0.2 0.2
ULTO habitat 0.0 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.
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.
Based on the presence of wetlands under federal jurisdiction in the Viele channel where
the outlet works will be constructed, 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. The outlet works construction in the Viele channel does not
meet the threshold for mitigation required in the nationwide permitting process.
However, the USACE is required to consult 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:
Item 3A - Flood Mitigation Transfer Request Page 10
ATTACHMENT A - OSBT 3.13.24
• Minimize impacts on existing wetlands and buffer zones.
• Avoid impacts to irrigation ditches.
• Reduce impacts to habitats of threatened species.
• 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 habitat for the threatened species have been incorporated into the
design. The design seeks to expand wetland function through excavation and grading,
controlling undesirable species, and expanding habitat suitable for the threatened species
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 US Highway 36 side and
visual design/painting on the OSMP side of the floodwall to help mitigate
scenic viewshed impacts from the floodwall.
3. Additional Water Rights will enhance OSMP’s agricultural activities within
the service area.
4. In parallel with the request, Utilities is pursuing annexation of the
approximately 4.1 acres of the OSMP Property (the Transfer Area plus the
Temporary Construction Area) utilized for the Flood Project and a portion of
the US Highway 36 right-of-way so the entire Flood Project will be located
within Boulder city limits which reduces jurisdictional uncertainties. The
annexation would be contingent on approval of the disposal by the transfer of
the use and management of the Transfer Area. The annexation application will
be processed consistent with the requirements of the BVCP and the City of
Boulder Revised Code and Charter. Because a portion of the proposed
annexation area is currently open space and designated OS-A (Open Space –
Acquired) under the BVCP, OSBT will also be asked to provide a
Item 3A - Flood Mitigation Transfer Request Page 11
ATTACHMENT A - OSBT 3.13.24
recommendation on the proposed annexation consistent with City Charter,
Article XII, Section 175(e).
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 US Highway 36 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 been minimizing or eliminating environmental resource impacts and
continues to be a key focus of the Flood Project.
Item 3A - Flood Mitigation Transfer Request Page 12
ATTACHMENT A - OSBT 3.13.24
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 US Highway 36 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 which is currently managed by OSMP.
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
Item 3A - Flood Mitigation Transfer Request Page 13
ATTACHMENT A - OSBT 3.13.24
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 threatened and endangered 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
Item 3A - Flood Mitigation Transfer Request Page 14
ATTACHMENT A - OSBT 3.13.24
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
The construction of the Flood Project will have unavoidable permanent impacts to 77.8
acres of land in the South Boulder Creek floodplain, approximately 2.2 acres of which are
on OSMP land with the remaining impacted acreage on CU South. 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. The
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. 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 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
Item 3A - Flood Mitigation Transfer Request Page 15
ATTACHMENT A - OSBT 3.13.24
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. A summary of the resources impacted by the Flood Project (including the
impacts on the CU South property), required mitigation and acres of habitat generated for
the entire Flood Project are shown in Table 3. The mitigation ratios required by
regulatory agencies for the resources impacted are also included in Table 3.
Table 3: South Boulder Creek Environmental Mitigation Summary
Environmental Resource
Type
Flood
Project
Impact
Area
(acres)
Required
Mitigation
Ratio
Required
Mitigation
Area
(acres)
Mitigation
Project
Habitat
Generation
(acres)
Area in
Excess of
Required
(acres)
Boulder Wetlands 6.1 2:1 12.2 36.7 24.5
Boulder Wetland Buffer 32.8 1:1 32.8 32.1 -0.7
PMJM Critical Habitat
(Permanent Impacts)
0.8 7:1 5.6 5.6 0.0
PMJM Critical Habitat
(Temporary Impacts)
0.3 4:1 1.2 1.2 0.0
PMJM Occupied Habitat
(Permanent Impacts)
4.0 4:1 16.0 82.3 66.3
PMJM Occupied Habitat
(Temporary Impacts)
2.2 3:1 6.6 6.6 0.0
ULTO Habitat 7.5 2:1 15.0 42.3 27.3
*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.
Groundwater Conveyance System
Existing groundwater conditions on and adjacent to the OSMP Property have helped to
create the high-quality habitat found here. The Flood Project proposes a groundwater
conveyance system to be installed in the underground secant pile wall to convey
groundwater past the floodwall/spillway and help reduce impacts to habitat upstream and
downstream from the floodwall/spillway. The groundwater conveyance system will
consist of an aggregate collection trench upstream of the underground 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.
Item 3A - Flood Mitigation Transfer Request Page 16
ATTACHMENT A - OSBT 3.13.24
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
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
The Temporary Construction Area, and possibly select areas 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
Item 3A - Flood Mitigation Transfer Request Page 17
ATTACHMENT A - OSBT 3.13.24
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
•June 9, 2021 OSBT Resolution
At their June 9, 2021 meeting, the OSBT approved a resolution (2021
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. Staff provides a
summary of how the conditions of the 2021 Resolution have been or will be
addressed in Attachment D. The staff recommendation includes proposed
action by OSBT in the form of another resolution (2024 Resolution) which
will include a statement from the OSBT indicating the conditions have been
satisfactorily addressed.
SUMMARY
To summarize the key issues of the transfer request from Utilities and associated
matters:
-The request from Utilities to transfer ongoing 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 temporary use of approximately 1.9 acres of the OSMP Property
during construction of the Flood Project, followed by restoration of
this area.
- The acquisition of the ~119-acre OS-O Site and Water Rights using
the Utilities enterprise fund for management by OSMP, which is
Item 3A - Flood Mitigation Transfer Request Page 18
ATTACHMENT A - OSBT 3.13.24
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 site by the
city and designation for management by OSMP.
- The development and implementation of a monitoring plan for the
groundwater conveyance system to help ensure that current groundwater
conditions will continue upstream and downstream of the floodwall post
floodwall construction.
NEXT STEPS
No OSBT or Council consideration and deliberation of this transfer request will take place at the
Feb. 22, 2024 meeting. OSBT will have consideration and deliberation at its March 13, 2024
meeting and, if recommended and approved, City Council will consider the matter at its March
21, 2024 meeting. A proposed OSBT Resolution recommending that City Council approve the
disposal by transferring management of open space property consistent with the terms and
conditions outlined in this memorandum is attached as Attachment E.
ATTACHMENT(S)
•Attachment A: Figures
o Figure 1: Transfer Area
o Figure 2: Construction Area Including Transfer Area & Temporary Construction
Area
o Figure 3: Environmental Resources Overview
o Figure 4: Environmental Resources in the Transfer Area & Temporary
Construction Area
o Figure 5: Mitigation Project Plan
o 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
•Attachment D: Staff Summary Related to June 9, 2021 Resolution
•Attachment E: Proposed OSBT Resolution 2024-01
Item 3A - Flood Mitigation Transfer Request Page 19
ATTACHMENT A - OSBT 3.13.24
ATTACHMENT A: FIGURES
Attachment A - Figures
Item 3A - Flood Mitigation Transfer Request Page 20
ATTACHMENT A - OSBT 3.13.24
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
Item 3A - Flood Mitigation Transfer Request Page 21
ATTACHMENT A - OSBT 3.13.24
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
TRANSFER AND
TEMPORARY
CONSTRUCTION AREA
TEMPORARY
CONSTRUCTION
AREA
(~1.9 ACRES)
Attachment A - Figures
Item 3A - Flood Mitigation Transfer Request Page 22
ATTACHMENT A - OSBT 3.13.24
±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
Item 3A - Flood Mitigation Transfer Request Page 23
ATTACHMENT A - OSBT 3.13.24
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
Item 3A - Flood Mitigation Transfer Request Page 24
ATTACHMENT A - OSBT 3.13.24
FIGURE 5 - ECOLOGICAL
RESTORATION DESIGN
APPROACH
Attachment A - Figures
Item 3A - Flood Mitigation Transfer Request Page 25
ATTACHMENT A - OSBT 3.13.24
FIGURE 6: CU South Property with OS-O Site
Attachment A - Figures
Item 3A - Flood Mitigation Transfer Request Page 26
ATTACHMENT A - OSBT 3.13.24
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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
Attachment B - Van Vleet Open Space Property
Item 3A - Flood Mitigation Transfer Request Page 27
ATTACHMENT A - OSBT 3.13.24
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
Attachment C: SBC OSMP Disposal Request
Item 3A - Flood Mitigation Transfer Request Page 28
ATTACHMENT A - OSBT 3.13.24
PO Box 791, Boulder, CO 80305 bouldercolorado.gov 303-441-3200
- 2 -
Cc:
Brandon Coleman
Chris Douglass
Bethany Collins
Don Damico
Jessica Pault-Atiase
Leila Behnampour
Attachment C: SBC OSMP Disposal Request
Item 3A - Flood Mitigation Transfer Request Page 29
ATTACHMENT A - OSBT 3.13.24
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
Attachment C: SBC OSMP Disposal Request
Item 3A - Flood Mitigation Transfer Request Page 30
ATTACHMENT A - OSBT 3.13.24
PO Box 791, Boulder, CO 80305 | bouldercolorado.gov | 303-441-3200
-2 -
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
Attachment C: SBC OSMP Disposal Request
Item 3A - Flood Mitigation Transfer Request Page 31
ATTACHMENT A - OSBT 3.13.24
PO Box 791, Boulder, CO 80305 | bouldercolorado.gov | 303-441-3200
-3 -
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
Attachment C: SBC OSMP Disposal Request
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
Item 3A - Flood Mitigation Transfer Request Page 32
ATTACHMENT A - OSBT 3.13.24
PO Box 791, Boulder, CO 80305 | bouldercolorado.gov | 303-441-3200
-4 -
•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.
Attachment C: SBC OSMP Disposal Request
*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:
Item 3A - Flood Mitigation Transfer Request Page 33
ATTACHMENT A - OSBT 3.13.24
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Note: Darker cells show more alignment with Project Evaluation Criteria
Attachment C: SBC OSMP Disposal Request
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
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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.
Attachment C: SBC OSMP Disposal Request
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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
Attachment C: SBC OSMP Disposal Request
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”.
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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.
Attachment C: SBC OSMP Disposal Request
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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.
Attachment C: SBC OSMP Disposal Request
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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
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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
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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
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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
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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
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ATTACHMENT A - OSBT 3.13.24
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
Item 3A - Flood Mitigation Transfer Request Page 47
ATTACHMENT A - OSBT 3.13.24
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
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6'x4' CBC
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SOUTH BOULDER CREEK
(2) 10'x4' CBC
EXISTING WILDLIFE CROSSING
US 36
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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
Item 3A - Flood Mitigation Transfer Request Page 48
ATTACHMENT A - OSBT 3.13.24
±REPRODUCEIN COLOR
0 800 1,600400
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±P:\16134 - South Boulder Creek\Engineering\GIS\Land Disposal\OSMP Dec 2023 Memo\Figure 8.mxdLegend
CU Boulder South
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3 SOUTH BOULDER CREEKDRY CREEKDITCH NO.2
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COMPOSITE PLAN OF
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RESOURCES
November 2023
SOUTH BOULDER CREEK
REGIONAL DETENTION
PROJECT
PROJECT NO. 16134 Figure 8
REPRODUCEIN COLOR
3
Attachment C: SBC OSMP Disposal Request
Item 3A - Flood Mitigation Transfer Request Page 49
ATTACHMENT A - OSBT 3.13.24
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
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4
Attachment C: SBC OSMP Disposal Request
Item 3A - Flood Mitigation Transfer Request Page 50
ATTACHMENT A - OSBT 3.13.24
Westervelt Ecological Services, LLC 26
Figure 11. Ecological Project 60 Percent Design Approach
Appendix J
Attachment C: SBC OSMP Disposal Request
Item 3A - Flood Mitigation Transfer Request
Page 51
ATTACHMENT A - OSBT 3.13.24
ATTACHMENT D
Staff Summary Related to June 9, 2021 Resolution
At their June 9, 2021 meeting, the OSBT approved a resolution (June 9, 2021 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. Below, staff provides a
summary of how the conditions of the resolution have been or will be 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
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-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
Attachment D - Staff Summary Related
to June 9, 2021 Resolution
Item 3A - Flood Mitigation Transfer Request Page 52
ATTACHMENT A - OSBT 3.13.24
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.
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.
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
Attachment D - Staff Summary Related
to June 9, 2021 Resolution
Item 3A - Flood Mitigation Transfer Request Page 53
ATTACHMENT A - OSBT 3.13.24
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.
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.
Attachment D - Staff Summary Related
to June 9, 2021 Resolution
Item 3A - Flood Mitigation Transfer Request Page 54
ATTACHMENT A - OSBT 3.13.24
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 conditions pertaining to trail connections from the CU South property were 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 all permit
conditions have been satisfied and management recommendations are developed during
applicable OSMP planning processes where OSMP staff evaluate resource management and
infrastructure needs of the property which 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.
Attachment D - Staff Summary Related
to June 9, 2021 Resolution
Item 3A - Flood Mitigation Transfer Request Page 55
ATTACHMENT A - OSBT 3.13.24
CITY OF BOULDER
OPEN SPACE BOARD OF TRUSTEES
RESOLUTION 2024-01
A RESOLUTION RECOMMENDING BOULDER CITY
COUNCIL APPROVE DISPOSAL BY TRANSFERRING
MANAGEMENT OF OPEN SPACE PROPERTY; AND
SETTING FORTH RELATED DETAILS
THE OPEN SPACE BOARD OF TRUSTEES OF THE CITY OF BOULDER,
COLORADO, FINDS AND RECITES THAT:
A.In 2013 the City of Boulder (“City”) and parts of Boulder County experienced a
major flood event that destroyed over 300 residences, damaged many more, and
resulted in four deaths in Boulder County;
B.An estimated 600 structures and 3,500 people are located in the South Boulder Creek
floodplain;
C.South Boulder Creek has significantly flooded six times in the past 80 years, with
overtopping of U.S. Highway 36 occurring in 1969 and 2013;
D.Boulder City Council approved a flood mitigation plan for South Boulder Creek in
2015 that is intended to protect life and safety by addressing flooding via construction
of a regional detention facility upstream of U.S. Highway 36 (“Flood Project”);
E.The Flood Project includes plans that are necessary to construct, access, operate and
maintain floodwall, outlet works, and groundwater conveyance system infrastructure
on the city-owned Van Vleet Open Space property (“OSMP Property”) managed by
the City’s Open Space and Mountain Parks Department (“OSMP Department”);
F.In order to construct the Flood Project, additional land would need to be acquired
from the Regents of the University of Colorado (“CU”);
G.The City and CU entered into an annexation agreement on September 21, 2021,
recorded in the records of the Boulder County Clerk and Recorder, Colorado at
Reception No. 03916406, on September 27, 2021, (“Annexation Agreement”) which
provides terms for the conveyance of land, including approximately 119 acres of land
Att achment E - Proposed OSBT Resolution 2024-01
Item 3A - Flood Mitigation Transfer Request Page 56
ATTACHMENT A - OSBT 3.13.24
(“OS-O Site”) and 30.2 shares of Dry Creek No. 2 ditch shares (“Water Rights”) from
CU to the City;
H.The Flood Project design calls for the need to transfer ongoing use and management
of an approximately 2.2-acre portion of the OSMP Property shown in Attachment A
(“Transfer Area”) from the OSMP Department to the City’s Utilities Department
(“Utilities Department”) for the construction, access, operation, and maintenance of
the Flood Project. In addition, the Utilities Department will need to temporarily
access and use approximately 1.9 acres of the OSMP Property during the construction
and restoration phase of the Flood Project (“Temporary Construction Area”) as shown
on Attachment A;
I.The OSMP Property is of high ecological value and is part of the South Boulder
Creek State Natural Area. Colorado Natural Areas program focuses on the recognition
and protection of areas that contain unique or high-quality natural features of
statewide significance;
J.To address Flood Project permanent and temporary impacts to the OSMP Property in
the Transfer Area, the OS-O Site will be designated as open space property and along
with the Water Rights will be used to mitigate the impacts of the Flood Project
(“Mitigation Project”);
K.The Open Space Board of Trustees (“OSBT”) adopted a resolution on June 9, 2021,
stating terms and conditions that would need to be addressed to the satisfaction of the
OSBT prior to considering the transfer of open space property to the Utilities
Department such as: resources and funding, permits, studies, the Flood Project
design, replacement property, environmental mitigation plan, community benefit, trail
construction process, and use of other open space property in the area; and
L.The Utilities Department has reached the point in the Flood Project to seek disposal
by transferring the ongoing use and management of the Transfer Area from the OSMP
Department to the Utilities Department and the OSBT has reviewed this request,
input from the public, and the OSMP Department staff recommendation.
NOW, THEREFORE, BE IT RESOLVED BY THE OPEN SPACE BOARD OF
TRUSTEES OF THE CITY OF BOULDER, COLORADO:
1.The OSBT, after review of the February 22, 2024, agenda item memorandum, past
memorandums, staff presentations and recommendations concerning the Flood
Project, and the disposal request by Utilities Department, finds that the terms and
conditions of the June 9, 2021, resolution are fulfilled or have been addressed to the
satisfaction of the OSBT.
Att achment E - Proposed OSBT Resolution 2024-01
Item 3A - Flood Mitigation Transfer Request Page 57
ATTACHMENT A - OSBT 3.13.24
2.The OSBT approves the transfer and disposal of the Transfer Area and recommends
the Boulder City Council approve the request from the Utilities Department to use
and manage the Transfer Area to construct, access, operate and maintain elements of
the Flood Project, pursuant to the disposal procedures of the City Charter, Article XII,
Sec. 177, and Section 8-8-11 , “Transfer of Open Space Lands,” B.R.C. 1981. This
approval will be documented in an interdepartmental memorandum of understanding
between the Utilities Department and the OSMP Department that includes the
following provisions:
a.Prior to use or management of the Transfer Area by the Utilities Department,
the City will acquire the OS-O Site and Water Rights from CU at no cost to
the Open Space Fund and in a manner that is consistent with Paragraph 12,
“Conveyance of Land,” of the Annexation Agreement. Said land and Water
Rights will be managed by the OSMP Department for open space purposes,
subject to the Utilities Department’s use for the Flood Project.
b.The OS-O Site and Water Rights will be used by the Utilities Department for
the Mitigation Project in consultation with OSMP Department staff, until the
restoration goals and regulatory and contractual requirements related to the
Flood Project are completed.
c.The Temporary Construction Area used by the Utilities Department during
construction and restoration of the Flood Project will be restored to the
satisfaction of OSMP Department staff.
d.The Transfer Area will revert to OSMP Department management if the Flood
Project is not fully permitted or otherwise able to be constructed, or if the
Transfer Area is no longer used or needed by the Utilities Department in the
future.
Adopted this ____ day of ________________ 2024.
_________________________________
Dave Kuntz, Chair
ATTEST:
_________________________________
Board Secretary
Att achment E - Proposed OSBT Resolution 2024-01
Item 3A - Flood Mitigation Transfer Request Page 58
ATTACHMENT A - OSBT 3.13.24
PRELIMINARY
NOT FOR CONSTRUCTION
SCALE IN FEET
0 100 200 400 600
VIELE CHANNEL
VIELE CHANNEL
DRY CREEK DITCH NO. 2
SOUTH BOULDER CREEK
US 36
CONSULTANTS, INC.P:\16134 - SOUTH BOULDER CREEK\CAD\FIGURES\16134_TEMPORARY IMPACT BOUNDARY.DWG 2/15/2024 1:24 PMPROJECT NO. 16134
SOUTH BOULDER CREEK
REGIONAL DETENTION FACILITY
FEBRUARY 2024 ATTACHMENT A
OSMP TRANSFER AND
TEMPORARY CONSTRUCTION
AREA
CU PROPERTY
BOUNDARY
CDOT ROW
TRANSFER AREA
TEMPORARY
CONSTRUCTION AREA
VAN VLEET
OPEN SPACE
Att achment E - Proposed OSBT Resolution 2024-01
Item 3A - Flood Mitigation Transfer Request Page 59
ATTACHMENT A - OSBT 3.13.24
CITY OF BOULDER
OPEN SPACE BOARD OF TRUSTEES AGENDA ITEM
MEETING DATE: March 13, 2024
AGENDA TITLE
Request for a recommendation to City Council on the proposed annexation of approximately
4.06 acres of land located at 5600 Table Mesa Drive, currently managed as open space within
Area III and designated as Open Space-Acquired (OS-A) under the Boulder Valley
Comprehensive Plan.
PRESENTER/S
Dan Burke, Director, Open Space and Mountain Parks
Lauren Kilcoyne, Deputy Director
Bethany Collins, Real Estate Sr. Manager
EXECUTIVE SUMMARY
The purpose of this agenda item is for the Open Space Board of Trustees (OSBT) to provide a
recommendation to City Council on the proposed annexation of approximately 4.06 acres of the
city-owned Van Vleet Open Space property located at 5600 Table Mesa Drive (OS Property),
currently managed as open space within Area III and designated as Open Space-Acquired (OS-A)
under the Boulder Valley Comprehensive Plan (BVCP). The annexation application also includes
a portion of the US Highway 36 right-of-way for a total of approximately 27 acres (Annexation
Site) and is being proposed by the City of Boulder Utilities Department (Utilities) to ensure the
entire South Boulder Creek Flood Mitigation Project (Flood Project) will be located within
Boulder city limits which will reduce jurisdictional and permitting complexities.
The annexation application is being processed by the city’s Planning and Development Services
Department, Planning Board, and City Council consistent with the requirements of the BVCP and
the City of Boulder Revised Code and Charter which includes a provision at Article XII, Section
175(e) that OSBT provides a recommendation related to open space elements and changes to the
BVCP.
STAFF RECOMMENDATION
OSMP staff recommends that the Open Space Board of Trustees recommend that City Council
approve the annexation of approximately 4.06 acres of land located at 5600 Table Mesa Drive
(LUR2024-00001), currently managed as open space within Area III and designated as Open
Space-Acquired (OS-A) under the Boulder Valley Comprehensive Plan.
COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS
•Economic – The annexation will facilitate the Flood Project which will protect an
estimated 2,500 people and 260 structures, which includes 1,100 dwelling units, in an
Agenda Item 7 Page 1
area that experience extensive flood damage and economic impacts in the 2013 flood.
The flood mitigation project will avoid future flood damage to this area in larger storm
events and mitigate the overtopping of US Highway 36.
• Environmental – The proposed annexation aligns with several “Natural Environment”
policies of the BVCP as further discussed below.
• Social – The annexation will facilitate the Flood Project which will protect residents and
residences located in the “West Valley” area, including the Frasier Meadows senior
community.
OTHER IMPACTS
• Fiscal – No costs associated with the proposed annexation or Flood Project, will come
from the open space fund.
• Staff time - Sufficient funding for OSMP staff time is available to perform the work
necessary related to this annexation proposal.
PUBLIC COMMENT AND PROCESS
This item is being heard as part of this public meeting advertised in the Daily Camera on
March 10, 2024. The Planning Board heard the matter at its March 5 meeting and recommended
that the City Council annex the OS Property together with the adjoining U.S. 36 Highway right of
way.
ANALYSIS
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 US
Highway 36 on and near the CU South Property culminating in the 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 which
flooded significantly in the 2013 flood. The Flood Project would also mitigate flooding that
would overtop US Highway 36 – a critical access route for regular commuters and into and out of
the city during an emergency event – during a 100-year flood event. This Flood Project has been
identified as the most important flood mitigation effort for the city and while risk of 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.”
The Annexation Site, shown in Figure 1 below, is located southwest of US Highway 36, near the
Foothills Parkway and Table Mesa Drive interchange in southeast Boulder. If approved for
transfer to Utilities pursuant to the city’s disposal process, the OS Property shown in Figure 2
will be used for flood mitigation purposes, including construction of a floodwall and spillway on
~2.19 acres and use of the remaining portion for temporary construction access and use for the
Flood Project.
Agenda Item 7 Page 2
The Annexation Site is currently under the jurisdiction of Boulder County and is zoned RR –
Rural Residential by the county. As shown in Figure 3, the Annexation Site is located in BVCP
Planning Areas II and III. While Area II properties are more commonly annexed, Area III
properties are classified as a “Rural Preservation Area” where the city and county intend to
Table Mesa Dr
Foothills Pkwy
S Boulder Rd
Figure 1: Proposed Annexation Site Context
City of Boulder
Ownership
Figure 2: OS Property
Agenda Item 7 Page 3
preserve existing rural land uses and character. Per BVCP policy 1.17(h), publicly owned
properties in Area III are allowed to be annexed if they are intended to remain in Area III and will
require less than a full range of urban services, or are being included in city jurisdiction for
health, welfare and safety reasons. Upon annexation, the Annexation Site including the OS
Property, will be designated as Area III-Annex on the BVCP Planning Areas I, II, III map and
zoned Public (P).
As shown in Figure 4 below, the city-owned property is designated OS-A on the land use map of
the BVCP which applies to lands acquired by the City of Boulder or Boulder County for open
space purposes. Portions of the US Highway 36 right-of-way within the Foothills Parkway
interchange are designated as Park, Urban and Other (PK-U/O) and Public/Semi-Public (PUB).
Updates to land use designations are typically reviewed during major and minor updates to the
BVCP, so if the annexation is approved, OSBT will review any proposed change to the OS-A
designation of the portion of the OS Property transferred to Utilities at a later date.
Figure 3: BVCP Planning Area Map
Agenda Item 7 Page 4
Land may be considered for annexation to the city if the annexation would comply with state
annexation statutes and the policies of BVCP. The proposal must be reviewed for compliance
with the Colorado Municipal Annexation Act, sections 31-12-101, et seq. C.R.S., BVCP policies
1.08 Adapting to Limits on Physical Expansion, 1.10 Growth Requirements, and 1.17 Annexation,
and other applicable ordinances of the city. If a property is annexed, zoning will be established
consistent with the goals and land use designations of the BVCP.
In addition, the proposed annexation will facilitate efficient construction, operations, and
maintenance of the Flood Project which directly supports important “Natural Environment”
BVCP policies related to the preservation of floodplains, flood management, and protection of
life and property including:
3.21 Preservation of Floodplains
3.22 Flood Plain Management
3.23 Nonstructural Approach to Flood Management
3.24 Protection of High Hazard Areas
3.25 Larger Flooding Events
Specifically, the Flood Project includes the acquisition and restoration of approximately 119 acres
of land currently owned by the University of Colorado in the CU South area, commonly known
as the OS-O site. It aims to maximize ecological restoration across the site including enhanced
wetland areas, improved habitat and control of invasive species, and re-establishment of historic
natural floodplain hydrology (BVCP policies 3.21 and 3.22).
The Flood Project appropriately balances the use of structural improvements like the floodwall
and spillway, with non-structural floodplain enhancement and environmental remediation. The
OS-O site serves as a natural floodplain area that can temporarily detain water during major flood
events. Flood flows are then dispersed into South Boulder Creek through the spillway reducing
Figure 4: BVCP Land Use Designation Map
Agenda Item 7 Page 5
the potential for overtopping of US Highway 36 and severe downstream flooding (BVCP policy
3.23).
The Flood Project is designed to balance construction feasibility and required disturbance with
the benefit of managing more frequent larger flooding events that are anticipated as a result of
climate change. Additionally, removal of the existing flood berm will allow re-establishment of
the historic natural floodplain, as well better control of the hydrology in the high hazard flood
area of the West Valley (BVCP policies 3.24 and 3.25).
NEXT STEPS
OSMP staff will provide OSBT’s recommendation on this annexation to City Council for the
March 21, 2024 public hearing on this matter.
Agenda Item 7 Page 6
MEMORANDUM
TO: Open Space Board of Trustees
FROM: Dan Burke, Director, Open Space and Mountain Parks
Heather Swanson, Interim Deputy Director of Resource Stewardship
Chris Wanner, Vegetation Stewardship Senior Manager
Kelly Uhing, Vegetation Stewardship Manager
DATE: March 13, 2024
SUBJECT: Written Information: Shanahan Tall Oatgrass Project Update
________________________________________________________________________
Background
Tall oatgrass (Arrhenatherum elatius), a non-native, perennial northern European pasture grass, has
been rapidly spreading across native grasslands on the west side of the city. This species can
aggressively outcompete native species and plant communities, decrease plant and animal
biodiversity, degrade important habitats, and change vegetative fuel loads and fire behavior. Due to its
rapid expansion and dramatic impacts on native vegetation and habitat function, tall oatgrass has
become a management priority for Open Space and Mountain Parks (OSMP) staff and grazing has
proven an effective and efficient management tool for controlling the spread of tall oatgrass.
Between 2014 and 2015, experimental grazing was initiated on roughly 80 acres south of Bear Canyon
and southeast of the Shanahan water tank to test its efficacy in controlling tall oatgrass. The grazing
has continued to show positive impacts, reducing the overall cover of tall oatgrass, maintaining native
species diversity, and reducing the heavy fuel loads associated with tall oatgrass occurrences. In 2020,
the addition of fencing and temporary water sources south of the original grazing units facilitated
expansion of grazing to roughly 500 total acres (Attachment A). Staff also coordinated experimental
grazing on the Outlot D parcel directly west of the Shanahan Ridge VI HOA. This area poses some
challenges for grazing due to its proximity to homes and density of trails and access points. Currently,
staff string electric fencing for a relatively short duration to allow 1-3 days of grazing within these 17
acres. Within this area, grazing also has the added benefit of reducing fuel directly adjacent to the
homes.
2023 was the third season of grazing in the expanded implementation area. Roughly 75 head of cattle
were moved across the five separate grazing enclosures between mid-April and early July. The cattle
are moved across the landscape, generally from south to north, and spend roughly two weeks in each
of the grazing enclosures. This has proven to be an effective strategy to impact tall oatgrass during the
peak of its growth, minimize any negative impacts of cattle grazing on the area, and favor native
species, such as big bluestem, that are maturing and setting seed later in the season.
Monitoring and Grazing Effectiveness
Monitoring the effectiveness of tall oatgrass grazing has been an integral part of this project from the
beginning. The overall monitoring objective has been to determine the effectiveness of repeated spring
cattle grazing in decreasing the abundance of tall oatgrass and increasing the cover and diversity of
native vegetation. Assessments have included qualitative photo-monitoring and quantitative sampling
of small paired grazed and ungrazed (fenced) study plots. The plots were established within the
original 72-acre Bear Canyon grazing enclosure, so sampling has occurred for nine consecutive years.
On March 26, 2022, the NCAR fire swept through a significant portion of the Bear Canyon grazing
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enclosure. The fire provided an opportunity to evaluate how burning affects tall oatgrass abundance in
both grazed and ungrazed plots.
Preliminary results show that grazing has successfully reduced the abundance of tall oatgrass in the
Bear Canyon enclosure as evidenced by decreases in stem frequency (Fig. 1). In addition to the overall
decrease in abundance of tall oatgrass, grazing has reduced the frequency of flowering tall oatgrass
stems in monitoring plots (Fig. 2), so seed production and the ability of tall oatgrass to persist on the
site has been dramatically reduced. The NCAR fire reduced stem and flowering frequency of tall
oatgrass in ungrazed plots dramatically, but to a lesser degree than that observed after long-term
grazing between 2015 and 2022.
Fig. 1. Grazing has significantly reduced the average frequency of tall oatgrass stems in grazed
subplots (green) relative to stem frequency in ungrazed fenced plots (yellow). Error bars show 1
standard error from the mean.
NCAR Fire
Fig. 2. Grazing has significantly reduced the frequency of flowering tall oatgrass stems in grazed plots
(green) relative to ungrazed fenced plots (yellow). Error bars show 1 standard error from the
mean. Annual variability in flowering frequency is a function of measurement date.
NCAR Fire
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In addition to the direct impacts grazing has had on tall oatgrass abundance and reproduction, it has
also impacted the fuel loads found within the grazing area. By 2021 (after six years of grazing) litter
thickness was reduced by roughly 30% in grazed plots. A decrease in litter translates to less fuel on the
ground. During the NCAR fire, one of the observations from fire fighters on the ground was that fire
behavior was dramatically less intense in grazed areas which allowed for direct suppression on large
portions of the burn area.
Upcoming Efforts
As the grazing project has evolved, staff has adapted management to address concerns and issues that
have arisen. In general, the project and the cattle get a largely positive response from trail users and
neighbors in the area. Education efforts including signs, staff led hikes, and social media posts have
highlighted the benefits to native ecosystems and wildfire risk. Some challenges that have arisen
include gates being left open, dogs chasing cattle, and cattle congregating near trails and trailheads
which can create an intimidating situation for users. Staff continue to experiment with and enhance
messaging in the area and have a regular presence with both staff and volunteers. Staff are also
planning to pilot the use of virtual fencing within the tall oatgrass grazing area in the coming 1-2
years. The virtual fencing utilizes collars on the cattle to guide them into or away from particular areas
using audio cues and small electrical shocks (less intense than an electric fence). This system could
help to keep cattle away from trail corridors and gates and minimize user/cattle interactions.
In the spring of 2024, grazing for tall oatgrass will continue across the 500 acres of Shanahan Ridge.
Cattle will be moved into the area in mid-April, and they will stay on-site until early July, moving
across the five grazing enclosures. While cattle are in the area, staff make daily visits and coordinate
with the local ranchers to ensure fencing and gates are secure, conflicts with visitors are minimized,
any related resource damage is addressed, and the health of the cattle is monitored. OSMP also plans
to establish the temporary electric fencing once again in the Outlot D area to graze these units, likely
in late June or early July. The monitoring efforts related to the project will also continue in the coming
year. The ultimate management goal for the area is containment of tall oatgrass, it’s unlikely it will
ever be totally eradicated given the current size and density of the population, but progress is being
made to keep it from rapidly expanding in other parts of the system. The monitoring will continue to
inform adjustments to the management which could include shifting grazing intensities across the area,
resting some areas, or even skipping grazing some years in the future based on how the tall oatgrass
and native plant species are responding.
In the winter of 2023/24 OSMP staff worked closely with staff from NCAR/UCAR to develop a Site
Use Agreement to establish tall oatgrass grazing on the NCAR mesa lab property. The new agreement
allows for the establishment of grazing on NCAR property to meet the goals of tall oatgrass control.
The NCAR property currently supports a robust occurrence of tall oatgrass and has served as a tall
oatgrass seed source for many years. In 2024, OSMP will work towards establishing a pilot grazing
unit of approximately 25 acres on the north side of the NCAR road. The goal will be to put roughly
10-20 head of cattle in this area for a few days to further expand grazing efforts in the highest density
patches of tall oatgrass. This expanded effort is intended to further address the edges of the tall
oatgrass population in the area while further enhancing the native ecosystems and reducing fuel loads
in an area of the wildland-urban interface.
Attachments:
•Attachment A: Shanahan Ridge Tall Oatgrass Grazing Project Map
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