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REPORT Wildlife Impact Black Canyon Inn 800 MacGregor Ave 2009-04-20
WILDLIFE IMPACT ASSESSMENT FOR THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 24 March 2008 (Updated 20 April 2009) PREPARED FOR Cornerstone Engineering and Surveying, Inc. 1692 Big Thompson Ave. Suite 200 Estes Park, Colorado 80517 PREPARED BY Christopher Roe, Certified Wildlife Biologist ROE ECOLOGICAL SERVICES, LLC PO Box 1168 Berthoud, Colorado 80513 (970) 532-1305 FAX (970) 532-1306 TOLL FREE (866) 4-Wildlife (494-5354) www.YourWildlife.com WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO i TABLE OF CONTENTS Page Executive Summary .......................................................................................................................................1 1. Introduction ................................................................................................................................................6 2. Underlying Considerations and Definitions ............................................................................................6 2.1. Definition of Significance (of Potential Impacts) for this Assessment ..............................................6 2.2. Considerations Regarding Habituated Wildlife .................................................................................7 2.3. Definitions of Evaluation Classifications and Criteria .......................................................................8 2.3.1. Classifications of Relative Habitat Quality ..............................................................................8 2.3.2. Classifications of Potential Disturbances/Impacts ....................................................................8 3. General Site Description ...........................................................................................................................9 4. Current Conditions ....................................................................................................................................9 4.1. Historical and Existing Development/Residential Use ......................................................................9 4.2. Existing Wildlife Use of the Property and the Surrounding Area......................................................11 5. Proposed Additional Development ...........................................................................................................15 6. Evaluation of Potential Wildlife Impacts .................................................................................................16 6.1. Considerations Regarding a Phased Development Schedule .............................................................17 6.2. Potential Impacts upon Elk and Deer Loafing and Foraging .............................................................17 6.2.1. Current Elk and Deer Loafing and Foraging Conditions ..........................................................17 6.2.2. Post-Construction Elk and Deer Loafing and Foraging Conditions .........................................18 6.3. Potential Impacts upon Elk and Deer Movement ...............................................................................20 6.3.1. Current Elk and Deer Movement Patterns ................................................................................20 6.3.2. Expected Post-Construction Movement Patterns .....................................................................22 6.4. Potential Impacts to Elk and Deer Calving/Fawning Habitat ............................................................22 6.4.1. Evaluation of Existing Potential Calving/Fawning Habitat......................................................23 6.4.2. Evaluation of Potential Post-Constructin Calving/Fawning Habitat ........................................24 6.5. Potential Impacts upon Other Wildlife ...............................................................................................26 6.5.1. Current Nuisance Bear Issues ...................................................................................................26 6.5.2. Potential Post-Construction Nuisance Bear Issues ...................................................................28 7. Recommendations for Minimizing Potential Impacts ............................................................................28 7.1. Timing Restrictions ............................................................................................................................28 7.2. Fence Removal/Design Modifications ...............................................................................................29 7.3. Installation of Bear-Proof Trash Enclosures and/or Dumpsters .........................................................30 Figures 1. Location of the proposed development site of The Lodges at Black Canyon Inn Condominiums, Estes Park, Colorado.......................................................................................................................................................10 2. Proposed site plan for The Lodges at Black Canyon Inn Condominiums, Estes Park, Colorado – April 2009. .....................11 3. Evidence of elk and deer movement across the property. Note that movement follows natural swale through the timber, and heads off property at the property’s southeast corner...............................................................................12 4. Possible secondary movement corridor connecting the primary drainage swale with the eastern property boundary showing the lower portion of the possible corridor and upper portion heading off property through the downed fence, respectively...........................................................................................................................................12 5. Open areas adjacent to Black Canyon Creek along MacGregor Avenue across from the property that are used as additional loafing and foraging areas by elk and deer moving along the creek corridor...................................................13 6. Browse marks on willows along Black Canyon Creek.............................................................................................13 WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO ii 7. Open foraging areas within the Development utilized by deer and elk throughout the year, especially during spring and summer...................................................................................................................................................13 8. Potential elk and deer calving/fawning habitat within the property along the Black Canyon Creek north and south of the entrance driveway, respectively.....................................................................................................................14 9. Evidence of beaver activity on the property along Black Canyon Creek, and the protective measures taken to prevent damage by beavers..........................................................................................................................................15 10. Proposed site plan identifying the unit numbers of proposed buildings........................................................................16 11. Proposed Development site plan showing primary elk and deer loafing and foraging areas and their respective relative quality designations. ............................................................................................................................18 12. Location of the proposed building and parking lot along Black Canyon Creek. Note that most construction will occur from the area of the large trees back toward the rock outcrop, leaving the open corridor along the creek bank intact. According to proposed Development standards, any disturbed areas between the new building and the Creek corridor will be reclaimed with native vegetation...................................................................................................19 13. Primary elk and deer movement corridors through the property.................................................................................21 14. Location and site characteristics of the proposed entrance driveway realignment. The proposed new driveway will pass roughly between the yellow mailbox and the entrance sign................................................................................24 15. Centralized fully enclosed trash enclosure adjacent to the Twin Owls restaurant...........................................................26 16. Unprotected, standard garbage dumpsters and garbage containers on private properties within and adjacent to the Development..................................................................................................................................................27 17. Barbeque grills on properties within and adjacent to the Development. ......................................................................27 18. North fence line along the MacGregor Ranch boundary. Notice the multi-strand barbed wire in conjunction with the buck-and-pole fence. This type of fence can be highly restrictive to elk and deer movement...........................................29 19. Unnecessary remnant portions of sheep fence within the creek corridor along the north fence line....................................30 Notice of Copyright © 2009. All photos and language contained herein are the exclusive property of Roe Ecological Services, LLC, and may not be reproduced except as a part of this document. This report represents an original work created by Roe Ecological Services, LLC. This report may be reproduced only in its entirety, with no portion omitted or substituted at any time or used as a part of any other document. Roe Ecological Services, LLC, reserves the right to use any or all language or data contained herein for any print or electronic document. WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 1 EXECUTIVE SUMMARY Cornerstone Engineering and Surveying, Inc., retained Roe Ecological Services, LLC (RES), to conduct a wildlife impact assessment for the proposed additional development of The Lodges at Black Canyon Inn Condominiums (Development) in Estes Park, Colorado. The purpose of this assessment was to determine the potential impact of the proposed Development on wildlife making use of the property, and on the area as a whole. Based on the location of the property, and the habitat components within and adjacent to it, RES assessed potential impacts upon: 1) Elk and deer loafing and foraging activity (both daily and seasonally); 2) Elk and deer movement across the property (both daily and seasonally); 3) Elk and deer calving/fawning habitat on and immediately adjacent to the property; and 4) Other potential wildlife species, including potential bear problems. Property Description The property is approximately 14.41 acres in size, and lies east of MacGregor Ave, approximately 0.4 miles north of U.S. Highway 34. The property lies along the north and west face of a rocky ridge, and generally consists of native Ponderosa Pine forest, with an understory consisting generally of native grasses and shrubs. Black Canyon Creek runs along the western edge of the property, with the associated riparian corridor consisting of a mix of willow and narrow leaf cottonwood, with an understory of native grasses and forbs. The property is currently developed, with approximately 18% of the land area occupied by permanent and temporary housing units, a restaurant, several abandoned buildings and remnant building foundations, and several asphalt parking lots connected by an asphalt road. Post-construction, roughly 29% of the land area will contain housing units, parking lots, etc. Nearly all units on the property are privately owned residences that, when not used by the owners, are used as rental units throughout the year. Peak occupancy occurs from May through October. Wildlife Observations Most wildlife movement across the property appeared to be along Black Canyon Creek, as well as along the main access driveway and primary drainage swale through the property, with animals heading from the Black Canyon Creek corridor to the east/southeast property boundary and areas off property. Movement of elk and deer along the Black Canyon Creek corridor is reported to be fairly consistent throughout the year, with peak activity occurring during the fall. The movement corridor along Black Canyon Creek used by elk and deer reportedly includes areas within the creek drainage, as well as adjacent open areas along MacGregor Avenue. Evidence of elk and/or deer foraging activity across most of the property was limited, although evidence of browsing was observed on willows near the north property boundary, within the Black Canyon Creek riparian corridor. Although no physical evidence WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 2 of elk or deer calving/fawning sites was observed on the property, areas of moderate to high quality elk and deer calving/fawning habitat were observed. This habitat generally lies along Black Canyon Creek, with the highest quality habitat located toward the north property line along the boundary of Saint Bartholomew’s Church property and south of the main entrance driveway. No physical evidence of bear activity was found during the site assessment as most bears were still hibernating at the time of the assessment, however, per the CDOW and the current property manager, nuisance bear issues occur throughout the general area. Sign of beaver activity within Black Canyon Creek, specifically north of the access driveway culvert, was clearly evident by the numerous beaver-cut trees/willows, and the numerous mature trees covered with chicken-wire mesh placed there in an effort to prevent damage. Both the property manager and the CDOW confirmed that beaver activity has been a problem for this and other properties along Black Canyon Creek. Proposed Development According to the proposed Development site plan dated April 2009, and the proposed build-out schedule, the property will eventually contain a total of 32 new units built over approximately 10 years starting in the fall of 2009. For these units, however, only nine (9) new buildings will be built across the property. Of these nine, two (2) will be built within the footprint of existing buildings/foundations. Nearly every new unit will be a multi-family housing unit/condominium of some sort, with additional parking areas and driveways being developed adjacent to the new buildings. Two of the additional parking areas will be constructed over the top of existing structures on the property. Evaluations of Potential Impacts For this report, evaluations of potential adverse impacts upon wildlife as a result of the proposed Development were based on: 1) The type and level of existing or potential wildlife use of the property within the context of its current development characteristics; 2) The location of proposed additional units and associated parking areas as related to lost/modified habitat, movement corridors, or impacts upon adjacent habitat areas; 3) The fact that many elk and deer (and possibly even bear) are habituated to human presence and human- induced disturbances; 4) The fact that elk and deer currently utilize areas within developed portions of the property between existing residential units; 5) The likelihood of wildlife reasonably accommodating to resulting changes in habitat, movement corridors, etc., due to the development of additional units and parking areas; and WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 3 6) The capacity of the proposed Development to offset potential adverse impacts. Phased Development According to the proposed build-out schedule, construction of new buildings/units will occur over a 10-year period beginning in the late-summer/fall 2009. Under a phased construction schedule it is likely that only one or two buildings and associated parking areas will be built in any given year. By extending construction activities across many years, potential construction-related impacts to wildlife will be localized around individual construction units rather than across the property as a whole. Phased construction schedules should allow habituated animals to easily adapt to changes in their surroundings and associated additional human activity, and to continue to utilize undisturbed portions of the property at or near normal levels. Potential Impacts to Elk and Deer Foraging Approximately 82% of the property is landscaped open space or open space under native vegetation. Based on the property’s location and physical attributes, it is likely that most elk and deer loafing and foraging on the property is from transient animals moving along the Black Canyon Creek corridor, and between the MacGregor Ranch and areas north of the Standley Hotel. Moderate to high quality elk and deer loafing and foraging areas are found within the western third of the property and are generally associated with the Black Canyon Creek riparian corridor and adjacent areas (both on and off property). Low to moderate quality loafing and foraging areas are scattered throughout the east-central portion of the property, with pockets of moderate to high quality habitat found behind the restaurant (irrigated sod lawn) and northwest of the current property management office, as well as in the southeast and extreme east-northeast corners of the property. Per the proposed site plan, new construction along Black Canyon Creek (units 1-5 and the associated parking lot) will occur outside of a 50-foot wetland/100-year floodplain setback. Although a small portion of potential elk and deer foraging habitat will be lost by the addition of this unit, and additional housing units will likely increase human activity in this area, at least seasonally, there is no reason to expect any significant long-term impact on overall elk and deer loafing and foraging along or within the Black Canyon Creek corridor within, or adjacent to, the property. Because construction within the north-central portion of the property (units 6-9) will essentially be a remodel and extension of an already existing structure, and because elk and deer currently utilize areas of high human disturbance behind the restaurant, it is unlikely construction activities in this location will have any significant impact to elk and deer. Construction of additional buildings through the interior of the property (proposed units 14-18, and units 25-26) is likely to have a slight temporary impact on elk and deer utilizing these areas. As such, it is unlikely the development of additional buildings within the interior of the property – where WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 4 currently identified and under a phased construction schedule – will cause a significant long-term impact on overall elk and deer loafing and foraging within these areas. Potential Impacts to Elk and Deer Movement Because the proposed construction for units 1-5 is located on the rocky slope above and east of the creek corridor, and because the access driveway to the new unit will not alter any creek corridor features, it is unlikely that the new building will cause any modification or disruption of elk or deer movement along Black Canyon Creek. The additions of proposed units 14-16, 25-26, and 29-32, are likely to cause a temporary moderate impact to elk and deer movement through the area while construction of each of the units is in progress. Movement by elk and deer through the possible secondary corridor is likely to be slightly to moderately impacted by the additions of proposed units 17-18 and units 19-24. Potential Impacts to Calving/Fawning Habitat According to the proposed site plan, no modification of any significant calving/fawning habitat component within the property will occur. Although construction of units 1-5 will be adjacent to the creek corridor, it is RES’s opinion that this building (and the resultant increase in human activity around this building) will not create a significant impact upon the overall population of elk and deer that calve/fawn along the Black Canyon Creek corridor. It is likely only a slight to moderate short-term impact upon individual animals calving/fawning on the property will occur while active construction is underway. Potential Impact upon Other Wildlife Because this proposed Development does not alter any habitat characteristics within the Black Canyon Creek drainage, or any adjacent “desirable” habitats or resource components, it is not likely that this Development will impact beavers to any degree. Likewise, because the creek corridor will be preserved, it is unlikely that development activities will significantly or even moderately affect migratory songbird nesting or general activity within the corridor. Impacts on nuisance wildlife/bear issues, however, may be affected by this Development. Depending on the actions taken by the Development to manage increases in human-related food sources, the development of additional housing units across the property may lead to moderate increases in nuisance wildlife/bear issues. Recommendations for Minimizing Potential Impacts Although RES does not believe that the proposed Development will create any significant impacts upon wildlife as it is currently presented, several recommendations were made that may help further reduce or offset wildlife WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 5 impacts. In order to help ensure that construction-related disturbances do not impact either nesting migratory birds (which would violate the Federal Migratory Bird Treaty Act) or potential elk calving/deer fawning activities, construction activities should not be initiated between 1 April and 15 July. If, however, initiation of construction activities is required between 1 April and 15 July, a detailed wildlife assessment of bird nesting and elk and deer calving/fawning activities within and immediately around (within 100 meters) the proposed construction site should be carried out by a qualified third party prior to any construction. If nesting, calving, or fawning animals are observed within or adjacent to the proposed construction area, construction activities should be postponed until such activity has ceased, or until 15 July, whichever comes first. In this way, potential direct impacts to breeding birds and calving/fawning animals can be virtually eliminated. Fully understanding the need for adequate fencing to keep neighboring livestock from entering the property, and understanding that discussions regarding potential fence modifications will surely require the consultation of neighboring landowners, elk and deer could potentially benefit from a modification to the north fence line. Whether the entire fence line is modified, or simply portions of it that might serve as a wildlife “gate,” elk and deer stand to benefit greatly by any measure that makes movement across the north property boundary safer and easier. Although potentially less of a problem, it is recommended that the remnant portions of old “sheep fence” be removed from areas along the property boundary with Saint Bartholomew’s Church. When designing additional garbage collection points, or planning for the deployment of additional dumpsters, it is highly recommended that future trash enclosures be designed and built to be bear-proof, and that additional garbage dumpsters be equally bear-proof. NOTE: As of the April 2009 Update, per the property manager, remnant portions of sheep fence within the creek corridor along the north fence line have been removed. Additionally, management at The Lodges at Black Canyon Inn Condominiums is continuing discussions with the MacGregor Ranch in an effort to work toward minimizing the barbed wire under the buck-and-pole fence along their common boundary. WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 6 1. INTRODUCTION Cornerstone Engineering and Surveying, Inc., retained Roe Ecological Services, LLC (RES), to conduct a wildlife impact assessment for the proposed additional development of The Lodges at Black Canyon Inn Condominiums (Development) in Estes Park, Colorado. The purpose of this assessment was to determine the potential impact of the proposed Development on wildlife making use of the property, and on the area as a whole. Based on the location of the property, and the habitat components within and adjacent to it, RES assessed potential impacts upon: 1) Elk and deer loafing and foraging activity (both daily and seasonally); 2) Elk and deer movement across the property (both daily and seasonally); 3) Elk and deer calving/fawning habitat on and immediately adjacent to the property; and 4) Other potential wildlife species, including potential bear problems. In carrying out this assignment, RES did the following: 1) Conducted on-site evaluations of the Development property and the immediate surrounding area between 10 March and 12 April 2008; 2) Reviewed numerous documents pertaining to the Development request, including: a) The proposed site plan for the Development; b) The Estes Valley Development Code adopted 3 November 1999, effective 1 February 2000 (EVDC);1 and c) The Estes Valley Comprehensive Plan dated December 1996.2 3) Reviewed the Colorado Division of Wildlife (CDOW) Elk Management Plan, Data Analysis Unit E-9, Saint Vrain Herd, Game Management Unit 20, dated November 2006;3 4) Discussed the project with the local CDOW District Wildlife Manager (DWM) between 10 and 31 March 2008;4 and 5) Reviewed satellite imagery of the proposed Development site and surrounding area. 2. UNDERLYING CONSIDERATIONS AND DEFINITIONS 2.1. DEFINITION OF SIGNIFICANCE (OF POTENTIAL IMPACTS) FOR THIS ASSESSMENT In most discussions regarding potential impacts of some development upon wildlife or wildlife habitat, the term “significant impact” is typically defined as the level of impact that is likely to be made upon the local or regional population of a species to the point that changes in that species’ reproduction, survival, localized activity, associated property damage, etc., is statistically detectable, regardless whether the effect of the impact is positive or WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 7 negative. Typically, the baseline against which such impact is measured is data gathered by State or Federal wildlife agencies (e.g., CDOW population estimates). In the case of urban/suburban development, data gathered by County and municipal workers may also be used. Measurability of the impact is the key ingredient of significance. Within the Town of Estes Park, recent discussions pertaining to the significance of potential impacts of development upon wildlife and wildlife habitat have included not only the potential impact of development upon populations, but even upon individual animals. Although it can be extremely difficult to measure the effects of a development activity on an individual animal, and while it is true that determinations of impact upon individuals can be quite subjective, it has proven important to keep this aspect of impact in mind in discussing this particular Development. For this assessment, therefore, the term “significant impact” will reflect not only measurable effects of a proposed development activity upon wildlife populations, but will also attempt to include an assessment of impact upon individual animals. 2.2. CONSIDERATIONS REGARDING HABITUATED WILDLIFE Within the Town of Estes Park, most concerns regarding potential development impacts upon wildlife center on the potential impacts upon elk, followed by impacts upon deer, bears (specifically problem bear interactions), and other wildlife. Often, concerns regarding new development focus on the potential effects that additional buildings, increased human activity, and a general loss of “open space” might have on the animals that frequent the identified area. When evaluating the level of potential impacts that development activities may have upon wildlife, however, it is important to consider the behavior of a particular species in relation to the specific activity or potential disturbance in question. Both elk and deer are highly adaptable and easily habituated animals with a remarkable ability to learn, and to adjust their behavior to maximize survival.5,6,7,8,9 When the correct conditions are met10 —conditions similar to those found within Estes Park—habituation of animals is likely. Because the populations of elk and deer that reside within the Estes Valley and the Town of Estes Park have increased in recent years,11,12,13 —in the face of continued urban/suburban development—it could be argued that most elk and deer that routinely utilize the urban/suburban environments of the town for primary habitat throughout the year are habituated to human presence. For these animals—barring their actual exclusion from large portions of their accustomed habitat—many development activities are likely to have minimal impacts upon their daily or seasonal activities. When evaluating potential impacts of development upon wildlife within Estes Park, therefore, it is important to do so within the context of such habituation possibilities. WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 8 2.3. DEFINITIONS OF EVALUATION CLASSIFICATIONS AND CRITERIA 2.3.1. CLASSIFICATIONS OF RELATIVE HABITAT QUALITY For this assessment, evaluations of relative habitat quality are based on the proportion of individual habitat resource components found within a particular habitat type for the habitat being evaluated. This means that the more resource components found within a particular habitat, the higher will be its relative quality classification. For this assessment, habitat components will be considered to possess “low,” “medium,” or “high” quality. Low quality habitats are those that barely meet the needs of wildlife for that particular habitat resource. High quality habitats are those that meet all, or nearly all, of the needs of wildlife for that particular habitat resource. Medium quality habitats are those falling in between. While it is true that these classifications must always be relative to whatever development property is being assessed and to the particular region in which the development is located, and while it is also true that the method is somewhat subjective, it is nonetheless possible to make meaningful classifications on the basis of related scientific literature and on the professional experience of the evaluating biologist. 2.3.2. CLASSIFICATIONS OF POTENTIAL DISTURBANCES/IMPACTS For this assessment, classifications of the level of potential disturbance or impacts to wildlife as the direct or indirect result of a proposed development action are based on the likely response of habituated animals to a particular activity or development action. For this assessment, disturbances/impacts to wildlife are classified as either “light (or slight),” “moderate,” or “significant.” Disturbances/impacts classified as “light (or slight)” are those in which the individual animal, or population of animals, remains within the general occupied area, and continues the general activity they were engaged in prior to the disturbance or supposed impact. Disturbances/ impacts classified as “moderate” are those in which the animal, or population of animals, may temporarily leave a particular area, or cease a particular activity, immediately after a disturbance or development impact, but later returns to the general area, resuming the activity it was engaged in prior to the disturbance/impact. Additionally, impacts to a particular habitat area/resource may be classified as “moderate” if animals are able to continue their use of a particular area, but are seen to adjust their behavior in response to development. Disturbances/impacts classified as “significant” are those that cause an animal, or population of animals, to immediately cease their activities within a particular area and to avoid future use of the area or abandon the area altogether. For this assessment, anticipated levels of response by habituated wildlife have been based on scientific literature regarding wildlife responses to various disturbances, as well as on the professional experience of the consulting biologist in wildlife issues within the Estes Valley, across Colorado, and throughout the United States. WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 9 3. GENERAL SITE DESCRIPTION The approximately 14.41-acre property lies along the north and west face of a rocky ridge east of MacGregor Avenue and approximately 0.4 miles north of U.S. Highway 34 (Figure 1). Cover consists generally of native Ponderosa pine with an understory of native grasses and shrubs. Black Canyon Creek runs along the western edge of the property, its riparian corridor consisting of a mix of willow and narrow-leaf cottonwood, with an understory of native grasses and forbs. The property is currently developed, with approximately 18% of the land area occupied by permanent and temporary housing units, a restaurant, several abandoned buildings and remnant building foundations, and several asphalt parking lots connected by an asphalt road. Post-construction, roughly 29% of the land area will contain housing units, parking lots, etc. (Figure 2). Preserved open areas will consist of Ponderosa pine forest scattered among buildings, parking lots, and roadways, and the Black Canyon Creek riparian corridor. 4. CURRENT CONDITIONS 4.1. HISTORICAL AND EXISTING DEVELOPMENT/RESIDENTIAL USE Most original development at The Lodges at Black Canyon Inn Condominiums occurred between the late 1950s and early 1960s when the property was converted to a resort after the relocation of a number of cabins to the property from Rocky Mountain National Park. Since the mid-1970s, additional cabins/condominium units have been added or remodeled, increasing both the real and aesthetic values of the property as a whole. The property’s original private residence was converted to the Twin Owls Steak House Restaurant in 1964. In 2007, a 10-unit condominium building was completed as part of a previously approved long-term development plan for the property.14 Nearly all units on the property are privately owned residences, with most owners being seasonal occupants. When owners are not present, the units are used as overnight accommodations/rental properties for use by Estes Park visitors and area tourists; thus supporting the Estes Valley Zoning District classification of Accommodations (A)15. Peak occupancy of units occurs from May through October. Under current property management guidelines, no pets are allowed, all trash is collected and stored in a centralized location, and conservation of trees, shrubs, native vegetation, and general “open space” is of high priority.16 Although the property maintains a decorative pond and several open-space common areas for its residents, most property use is concentrated around individual residential units, with common-area use being generally light and intermittent. WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 10 Figure 1. Location of the proposed development site of The Lodges at Black Canyon Inn Condominiums, Estes Park, Colorado. WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 11 Figure 2. Proposed site plan for The Lodges at Black Canyon Inn Condominiums, Estes Park, Colorado – April 2009. 4.2. EXISTING WILDLIFE USE OF THE PROPERTY AND THE SURROUNDING AREA RES observed several sets of elk and deer tracks, as well as pellet groups, from small groups of animals traveling from west to east across the property. Movement across the property appeared to be mostly along the main access driveway and primary drainage swale, with animals heading from the Black Canyon Creek corridor to the east/southeast property boundary and areas off property (Figure 3). Within the east-northeast portion of the property, RES saw evidence of a possible secondary corridor connecting the lower portion of the primary drainage swale with the eastern property boundary. Movement here seemed to be along a secondary swale and through a downed portion of fence line (Figure 4). Based on the existence of prominent geologic formations (rock outcrops) along the north and south property boundaries and a section of potentially restrictive livestock fence on the north property boundary with the MacGregor Ranch, it is likely that elk and deer movement across the property is largely along this corridor. The current property manager notes that elk and deer movement has also been observed between the north-central residential units and the southeast corner of the property.17 WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 12 Figure 3. Evidence of elk and deer movement across the property. Note that movement follows natural swale through the timber, and heads off property at the property’s southeast corner. Figure 4. Possible secondary movement corridor connecting the primary drainage swale with the eastern property boundary showing the lower portion of the possible corridor and upper portion heading off property through the downed fence, respectively. Movement of elk and deer along the Black Canyon Creek corridor is reported to be fairly consistent throughout the year, with peak activity occurring during the fall.18,19 The movement corridor along Black Canyon Creek reportedly includes areas within the creek drainage, as well as adjacent open areas along MacGregor Avenue (Figure 5).20,21 Evidence of elk and/or deer foraging activity across most of the property was limited, although evidence of browsing was observed on willows near the north property boundary, within the Black Canyon Creek riparian corridor (Figure 6). According to the property manager, despite high levels of human activity within these areas, elk and deer routinely forage throughout many of the open areas within and adjacent to the creek corridor, as well as on the irrigated and landscaped lawn area behind the restaurant, throughout the spring, summer, and fall (Figure 7).22 WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 13 Figure 5. Open areas adjacent to Black Canyon Creek along MacGregor Avenue across from the property that are used as additional loafing and foraging areas by elk and deer moving along the creek corridor. Figure 6. Browse marks on willows along Black Canyon Creek. Figure 7. Open foraging areas within the Development utilized by deer and elk throughout the year, especially during spring and summer. WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 14 Although no physical evidence of elk or deer calving/fawning sites was observed on the property, areas of moderate to high quality elk and deer calving/fawning habitat were observed. This habitat generally lies along Black Canyon Creek, with the highest quality habitat located toward the north property line along the boundary of Saint Bartholomew’s Church property and south of the main entrance driveway (Figure 8). Because this habitat is associated with Black Canyon Creek, and because moderate to high quality calving/fawning habitat can be found throughout the entire creek drainage, it is likely that elk and/or deer have utilized, and will likely continue to utilize, suitable areas along the drainage—possibly including areas within the property—for calving/fawning. Yearly observations by the CDOW in fact confirm that elk and deer utilize the Black Canyon Creek drainage for calving/fawning each year, with calving/fawning occurring along the Creek drainage from the interior of MacGregor Ranch to the Town municipal buildings.23 Although no elk calves or deer fawns less than approximately 5 days old have been seen on site by property management, elk and deer with offspring of at least one week old have been observed utilizing the same open areas identified in Figure 7.24 Figure 8. Potential elk and deer calving/fawning habitat within the property along the Black Canyon Creek north and south of the entrance driveway, respectively. Similarly, no physical evidence of bear activity was found during the site assessment. This was not surprising, as most bears were still hibernating at the time of the assessment, and signs of bear activity are more likely to be noted in late summer and early fall. The location of the property along Black Canyon Creek, however, and the presence of garbage dumpsters, barbeque grills, and bird feeders on private properties within and adjacent to the Development suggest that nuisance bear activity could be an issue; an issue confirmed by both the property manager and the CDOW.25 Per the CDOW, nuisance bear issues occurred all along the Black Canyon Creek corridor and adjacent subdivisions in 2007 as well as previous years.26 WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 15 Sign of beaver activity within Black Canyon Creek, specifically north of the access driveway culvert, was clearly evident by the numerous beaver-cut trees/willows, and the numerous mature trees covered with chicken-wire mesh placed there in an effort to prevent damage (Figure 9). Both the property manager and the CDOW confirmed that beaver activity has been a problem for this and other properties along Black Canyon Creek.27,28 Figures 9. Evidence of beaver activity on the property along Black Canyon Creek, and the protective measures taken to prevent damage by beavers. 5. PROPOSED ADDITIONAL DEVELOPMENT According to the proposed Development site plan dated April 2009 and the proposed build-out schedule, the property will eventually contain a total of 32 new units built over approximately 10 years starting in the fall of 2009 (Figure 2).29,30 For these units, nine (9) new buildings will be built across the property (units 1-5, 12-13, 14-16, 17- 18, 19-21, 22-24, 25-26, 27-28, and 29-32), with two (2) buildings being built within the footprint of existing buildings/foundations (units 12-13, and 29-32) (Figure 10). Eight (8) buildings will be constructed across the eastern half of the property within the upland forested area, with the remaining building being constructed adjacent to Black Canyon Creek. Nearly every new unit will be a multi-family housing unit/condominium of some sort, with additional parking areas and driveways being developed adjacent to the new buildings. Two of the additional parking areas will be constructed over the top of existing structures on the property (associated with units 22-24 and 25-26) (Figure 10). WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 16 Figure 10. Proposed site plan identifying the unit numbers of proposed buildings. 6. EVALUATION OF POTENTIAL WILDLIFE IMPACTS For this report, evaluations of potential adverse impacts upon wildlife as a result of the proposed Development were based on: 1) The type and level of existing or potential wildlife use of the property within the context of its current development characteristics; 2) The location of proposed additional units and associated parking areas as related to lost/modified habitat, movement corridors, or impacts upon adjacent habitat areas; 3) The fact that many elk and deer (and possibly even bear) are habituated to human presence and human- induced disturbances; 4) The fact that elk and deer currently utilize areas within developed portions of the property between existing residential units; 5) The likelihood of wildlife reasonably accommodating to resulting changes in habitat, movement corridors, etc., due to the development of additional units and parking areas; and WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 17 6) The capacity of the proposed Development to offset potential adverse impacts. 6.1. CONSIDERATIONS REGARDING A PHASED DEVELOPMENT SCHEDULE According to the proposed build-out schedule, construction of new buildings/units will occur over a 10-year period beginning in the late-summer/fall 2009. Under a phased construction schedule such as this, it is likely that only one or two buildings, along with their associated parking areas, may be built in any given year. By extending construction activities across many years, potential construction-related impacts to wildlife will be localized around individual construction units rather than across the property as a whole. This should leave most of the property open for elk, deer, and other wildlife use. Phased construction schedules should also allow habituated animals to easily adapt to changes in their surroundings and associated additional human activity, and to continue to utilize undisturbed portions of the property at or near normal levels. Research within the Estes Valley itself in 2001 has shown that even in situations where habituated elk and deer were intentionally exposed to potentially highly disruptive human-related disturbances, the affected animals quickly learned to accept the disturbance and continued their normal daily activities.31 Given the likelihood of this occurring, a phased development schedule like the one proposed should greatly reduce impacts upon elk and deer. 6.2. POTENTIAL IMPACTS UPON ELK AND DEER LOAFING AND FORAGING 6.2.1. CURRENT ELK AND DEER LOAFING AND FORAGING CONDITIONS Approximately 82% of the property is landscaped open space or open space under native vegetation.32 Based on the property’s location and physical attributes, it is likely that most elk and deer loafing and foraging on the property is from transient animals moving along the Black Canyon Creek corridor, and between the MacGregor Ranch and areas north of the Standley Hotel. Moderate to high quality elk and deer loafing and foraging areas are found within the western third of the property and are generally associated with the Black Canyon Creek riparian corridor and adjacent areas (both on and off property).33 Low to moderate quality loafing and foraging areas are scattered throughout the east-central portion of the property, with pockets of moderate to high quality habitat found behind the restaurant (irrigated sod lawn) and northwest of the current property management office, as well as in the southeast and extreme east-northeast corners of the property (Figure 11). During the spring, summer, and fall months, each of these areas receives light to moderate levels of human disturbance on a weekly to daily basis.34 Although no buildings are found immediately adjacent to Black Canyon Creek, pedestrian traffic from Rock Acres Condominiums to Saint Bartholomew’s Church occurs on a regular basis (in the form of an adult with several children taking “nature walks” along the Creek), with most travel occurring WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 18 Figure 11. Proposed Development site plan showing primary elk and deer loafing and foraging areas and their respective relative quality designations. along the east bank of the riparian corridor.35 Human activity around the pond and adjacent open areas occurs periodically throughout the spring, summer, and fall months.36 Levels of human activity around the restaurant and northwest of the management office can be high depending on time of year and time of day; pedestrian traffic behind and around the restaurant, and on the Saint Bartholomew’s Church playground occurs daily during spring, summer, and fall. Human activity around the southeast and east-northeast corners of the property is largely attributed to daily activities around housing units and neighboring private residences, with periodic pedestrian traffic between the Development and areas around the Standley Hotel.37 Human activity within low to moderate quality loafing and foraging areas is less periodic, but can increase during spring, summer, and fall.38 6.2.2. POST-CONSTRUCTION ELK AND DEER LOAFING AND FORAGING CONDITIONS According to the proposed Development site plan, construction of additional buildings is desired within at least a portion of each of the areas identified in Figure 11. Construction of additional buildings is scheduled to occur over an approximate 10-year period, with total open space after all construction is complete equaling approximately 71% WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 19 of the property. Based on current property characteristics, as well as upon current and future management philosophy, native trees, shrubs, and vegetation will be preserved to the maximum extent possible during the construction of additional buildings and driveways, with all disturbed areas being reclaimed to native vegetation.39,40 According to the proposed site plan, the proposed new construction along Black Canyon Creek (units 1-5, along with the parking lot and the associated access driveway) will occur outside of a 50-foot wetland/100-year floodplain setback. This setback places the building tight against the granite slope of the large rock outcrop, leaving unchanged much of the open area that is currently found between the wetland and the rock slope (Figure 12). Although a small portion of elk and deer foraging habitat will be lost by the addition of this unit, the vast majority of the overall loafing and foraging habitat in this area will be preserved. Because additional housing units will likely increase human activity in this area, at least seasonally, it is possible that light to moderate disturbances to individual elk and deer loafing and foraging activities could increase. Although elk and deer loafing and foraging activities may be temporarily impacted by actual construction activities for this building, or impacted by increased seasonal use of the area by residents, there is no reason to expect any significant long-term impact on overall elk and deer loafing and foraging along or within the Black Canyon Creek corridor on or adjacent to the property. Figure 12. Location of the proposed building and parking lot along Black Canyon Creek. Note that most construction will occur from the area of the large trees back toward the rock outcrop, leaving the open corridor along the creek bank intact. According to proposed Development standards, any disturbed areas between the new building and the Creek corridor will be reclaimed with native vegetation. Because construction of within the north-central portion of the property (units 6-9) will essentially be a remodel and extension of an already existing structure, and because elk and deer currently utilize areas of high human disturbance behind the restaurant, it is unlikely that construction activities in this location will have any significant WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 20 impact upon elk and deer. Depending on the time of year that construction occurs, impacts are likely to be moderate or even slight. Construction of additional buildings within and adjacent to the low to medium quality loafing and foraging areas through the interior of the property (proposed units 12-18, and units 25-26) are likely to have only a slight impact on elk and deer utilizing these areas. Because these areas are used by elk and deer as they occasionally move across the property, and not by animals necessarily looking to these areas as “destination” areas, and because much of the better quality portions of these areas will remain once all construction is complete, animals traveling through the interior of the property post-construction will still have loafing and foraging areas available to them around these locations. Additionally, proposed units 10-11, and 12-13 are units to be built over or within existing structures. As such, it is unlikely that the development of additional buildings in the interior of the property—where currently identified and under a phased construction schedule—will cause a significant long-term impact upon overall elk and deer loafing and foraging within these areas. Construction of additional buildings within and adjacent to the medium to high quality loafing and foraging areas at the southeast and east-northeast corners of the property (proposed units 19-24 and 29-32) is likely to have a slight to moderate temporary impact on elk and deer utilizing these areas, at least seasonally. Because these areas are used primarily by elk and deer moving through the property on a transient basis, and not by animals looking to these areas as “destination” areas per se, and because portions of these areas will remain once all construction is complete, animals traveling through these areas post-construction will still have medium quality loafing and foraging areas available to them in these locations. Additionally, at least a portion of the parking lot for units 19-24 lies across an existing structure and its current access driveway, and a large portion of units 29-32 lie across the footprint of an existing building foundation. As such, it is unlikely that the development of additional buildings within the southeast and east-northeast corners of the property—where currently identified and under a phased construction schedule—will cause a significant long-term impact on overall elk and deer loafing and foraging within these areas. 6.3. POTENTIAL IMPACTS UPON ELK AND DEER MOVEMENT 6.3.1. CURRENT ELK AND DEER MOVEMENT PATTERNS As outlined in Section 3.2., movement across the property occurs primarily along two corridors and a possible secondary corridor (Figure 13). Because of the prominent geological formations along the north and south property boundaries, coupled with the presence of potentially highly restrictive livestock fencing along the north property line, elk and deer movement east/west across the property is forced through areas with potentially high levels of human activity. Despite this, however, the property manager confirms that elk and deer movement a does routinely WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 21 Figure 13. Primary elk and deer movement corridors through the property. occur along this corridor, as well as between the north-central residential units and areas behind the restaurant and the existing property management office. Movement of elk and deer along the Black Canyon Creek corridor is reported to be fairly consistent throughout the year, with peak activity occurring during the fall. As shown previously (Figure 5), the movement corridor along Black Canyon Creek reportedly includes areas within the creek drainage, as well as in adjacent open areas along MacGregor Avenue. During the spring, summer, and fall months, each of these areas receives light to moderate levels of human disturbance on a weekly to daily basis.41 Although no housing structures are found immediately adjacent to Black Canyon Creek, pedestrian traffic from Rock Acres Condominiums to Saint Bartholomew’s Church occurs on a regular basis (in the form of an adult with several children taking “nature walks” along the Creek), with most travel occurring along the east bank of the riparian corridor.42 Human activity around the pond and adjacent open areas occurs periodically throughout the spring, summer, and fall months.43 Human activity around and behind the restaurant occurs regularly throughout the spring, summer, and fall months, with periodic activity during the winter. Human activity around the southeast and east-northeast corners of the property is largely attributed to daily WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 22 activities around housing units and neighboring private residences, with periodic “off-trail” pedestrian traffic occurring between the Development and areas around the Standley Hotel.44 Human activity within low to moderate quality loafing and foraging areas within the interior of the Development is less periodic, but can increase during the spring, summer, and fall months.45 It should be noted that all “non-resident” recreational human activity (i.e., trespassing) is strictly prohibited within the property, except for such activities as are expressly permitted by the management. 6.3.2. EXPECTED POST-CONSTRUCTION MOVEMENT PATTERNS Once construction is complete after the planned 10-year build-out, the property will remain approximately 71% open space. Because the proposed construction for units 1-5 is located on the rocky slope above and east of the creek corridor, and because the access driveway to the new unit will not alter any creek corridor features, it is unlikely that the new building will cause any modification or disruption of elk or deer movement along Black Canyon Creek. While the additions of proposed units 14-16, 25-26, and 29-32, lie within one of the primary movement corridors through the property, it is likely that movement by elk and deer will continue through the area. During the construction of these units and adjacent parking lots, it is likely that elk and deer will be moderately impacted, but this impact should last only as long as construction lasts. Once construction of these additional units is complete, open areas along the corridor will remain relatively intact and allow movement around the new units and parking lots. Similarly, movement by elk and deer through the possible secondary corridor is likely to be moderately impacted by the additions of proposed units 19-21. Elk and deer utilizing this corridor will have to modify their current direct course of travel and move around and between the additional units, however, it is likely animals will acclimate to this adjustment fairly quickly. 6.4. POTENTIAL IMPACTS TO ELK AND DEER CALVING/FAWNING HABITAT Under the EVDC, development potentially affecting land that contains an identified calving/fawning area can trigger formal CDOW review. Chapter 7.8, Section F.3 of this code states: DOW Review. For applications referred to it, the Division of Wildlife will determine whether the proposal will result in significant adverse impact on wildlife or wildlife habitat only if the development adversely impacts the following: a. An endangered or threatened species, b. A calving, lambing, or fawning area, c. Bighorn sheep or bighorn sheep habitat, d. Raptor nest site, or e. Riparian areas or wetlands WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 23 Because no historical data or confirmed sightings exist regarding the actual presence on the property of either elk or deer with calves/fawns less than 5 days old, for this assessment, evaluation of potential impacts upon calving/fawning areas was limited to evaluation of the potential impacts upon potential calving/fawning habitat. Although the mere presence of potential calving/fawning habitat does not necessarily indicate that the area is in fact a “designated” calving/fawning area, certain habitat characteristics can provide clues as to whether calving/fawning might be expected within a given area. Similarly, the number and relative quality of these characteristics, along with their relative location within the overall landscape, can be used to judge the quality of the potential calving/fawning habitat. For elk in particular, the vast majority of preferred calving sites in Colorado and throughout North America: 1) Contain some level of woody or shrubby overstory (e.g., willows or other trees, sagebrush, etc.); 2) Contain dense herbaceous ground cover, woody debris, or rocky outcrops/boulders that provide low lying hiding cover for calves; 3) Are located near open foraging areas; and 4) Are located within a few to several hundred yards of a water source.46,47,48,49 Although most discussions of potential impacts to calving/fawning areas typically pertain to the general geographic areas within which a population of animals may calve/fawn, recent discussions with regard to the Town of Estes Park have indicated that potential impacts to individual animals’ calving/fawning areas/sites may also be covered within the EVDC. For this Assessment, therefore, evaluations of potential impacts upon potential calving/fawning habitat will include not only the likelihood of impacts upon populations utilizing the area as a whole, but also the likelihood of impacts upon individual animals as a result of a particular proposed development action. 6.4.1. EVALUATION OF EXISTING POTENTIAL CALVING/FAWNING HABITAT Moderate to high quality elk and deer calving/fawning habitat (as compared to known calving/fawning habitats within the Estes Park/Estes Valley region) can be found on the property throughout the Black Canyon Creek corridor. Portions of the corridor located south of the main entrance driveway and toward the north property line along the boundary of the Saint Bartholomew’s Church property contain the highest quality habitat areas on the property (see Figure 8). Numerous observations by the CDOW and current property management confirm that elk and deer utilize various portions of the Black Canyon Creek drainage for calving/fawning each year, with confirmed calving/fawning occurring from the interior of MacGregor Ranch to areas adjacent to the Town municipal buildings.50,51 In general, the quality of potential calving/fawning habitat decreases as one moves east across the property. WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 24 While sightings of elk with young calves, and of deer with young fawns, have been reported on the property in the last few years, most sightings were of animals with highly mobile calves/fawns at their sides. The fact of calves and fawns quickly and efficiently traveling with their mothers suggests that they are likely more than 5 days old, and makes it difficult to know whether they were born within or immediately adjacent to the property. If, however, we assume they were born on the property, based on the timing of most calving/fawning activities (mid-May through the end of June) and on the existing level of human disturbance along the Creek corridor during this time (as outlined in Sections 3.2 and 5.2.1), it is likely animals giving birth on the property and continuing to use the property during the summer with their calves/fawns are highly habituated to human presence. 6.4.2. EVALUATION OF POTENTIAL POST-CONSTRUCTION CALVING/FAWNING HABITAT According to the proposed site plan, no modification of any habitat component within the creek drainage will occur. Adjacent to the drainage, however, a realignment of the entrance driveway into the property is proposed west of the creek, and a new building (units 1-5) with an associated access driveway is proposed east of the creek. The proposed new entrance driveway will traverse the grassy open area adjacent to MacGregor Avenue, with the existing entrance driveway being reclaimed to native (grass) vegetation (Figure 14). The proposed new building will be built against the rock outcrop within the existing Ponderosa pine and native shrub uplands, and will be positioned outside the EVDC 50-foot wetland area setback. No alteration of any potential calving/fawning habitat component is proposed for the high quality habitat area adjacent to the property boundary south of Saint Bartholomew’s Church. Figure 14. Location and site characteristics of the proposed entrance driveway realignment. The proposed new driveway will pass roughly between the yellow mailbox and the entrance sign. No impact upon potential calving/fawning within the northern high quality habitat area adjacent to Saint Bartholomew’s Church is expected. Because the realignment of the entrance driveway will be a slight modification WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 25 to what already exists, with disturbed areas to be reclaimed once driveway construction is complete, it is unlikely that this proposed development action will cause any long-term impact to the potential calving/fawning habitat found within, or adjacent to, the Black Canyon Creek corridor. Although the proposed new construction of units 1- 5 will be adjacent to the creek corridor, it is RES’s opinion that this building (and the resultant increase in human activity around this building) will not create a significant impact upon the overall population of elk and deer that calve/fawn along the Black Canyon Creek corridor, and will likely cause only a slight to moderate short-term impact upon individual animals calving/fawning on the property—specifically south of the entrance driveway. This opinion is based on: 1) The likely consistent type and intensity of use of the area along Black Canyon Creek from current usage patterns and intensity to post-construction use and intensity; 2) The specific habitat characteristics of areas adjacent to the proposed building location vs. other area characteristics; and 3) The lack of any modification to existing cover, forage, or water resources for calving/fawning animals. Although the proposed new building will add five residential housing units to the area immediately adjacent to the creek corridor, the likely type and intensity of any additional human activity within this area will be similar to what is already experienced by elk and deer currently utilizing this area during early spring and summer. As outlined in Sections 3.2 and 5.2.1, human activity already occurs on a periodic to regular basis along the creek corridor during spring and summer. Because the additional human activity associated with the proposed new building will most likely be predictable and primarily associated with areas around the building and the associated parking lot, it is unlikely that habituated animals will perceive the additional human activity as significantly disruptive. As Black Canyon Creek courses through the property south of the entrance driveway, the highest quality open areas available for loafing and foraging adjacent to the willow bottom are found on the creek's west bank. The location of these open areas, the location, size, and density of the willows within the creek drainage, and the current habitat characteristics of the area east of the creek suggest that a high proportion of elk and deer activity within this area is likely to occur west of the creek, away from the proposed building location. This possibility may be confirmed, in part, by the high level of use of the open areas west of MacGregor Avenue, directly west and southwest of the area in question. Add to this the 50-foot buffer between the proposed building and the stream bank, and it is unlikely that habituated elk and deer would perceive the proposed building as a significant encroachment upon their normal activities. WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 26 Because no modification to the creek drainage south of the entrance driveway is proposed, no loss of tangible calving/fawning habitat components is likely to occur. Protective cover resources for calves/fawns, adjacent foraging areas for adult animals, and free, available water will all remain at current levels and relative quality post- construction. Because of this, it is unlikely that habituated elk and deer seeking calving/fawning sites along the creek corridor would perceive any significant reduction in overall habitat suitability as a result of the proposed building. 6.5. POTENTIAL IMPACTS UPON OTHER WILDLIFE Because this proposed Development does not alter any habitat characteristics within the Black Canyon Creek drainage, or any adjacent “desirable” habitats or resource components, it is not likely that this Development will impact beavers to any degree. Likewise, because the creek corridor will be preserved, it is unlikely that development activities will significantly or even moderately affect migratory songbird nesting or general activity within the corridor. Impacts on nuisance wildlife/bear issues, however, may be affected by this Development. 6.5.1. CURRENT NUISANCE BEAR ISSUES Currently, the property experiences nuisance bear related issues periodically throughout the summer and early fall, with bears breaking into the fully enclosed trash enclosure behind the restaurant—despite its being locked and surrounded by electrified wire.52 All garbage generated within the Development is collected and stored at this single trash enclosure in an effort to make waste management more efficient, and to help reduce the distribution of nuisance bear issues across the property (Figure 15). Unfortunately, however, owners of private property in- holdings and adjacent properties are not under control of the Development, and may not make the necessary Figure 15. Centralized fully enclosed trash enclosure adjacent to the Twin Owls restaurant. WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 27 efforts to manage their garbage in such a way as to preclude attracting bears and other wildlife species (such as raccoons and skunks) to the area (Figure 16). Similarly, barbeque grills, bird feeders, and other human-related food sources may increase the number of nuisance bear related incidents occurring across the property and throughout the area in general (Figure 17). While the Development currently strives to manage barbeque grills closely during the summer and fall months, it does not have control over what owners of private property in-holdings and adjacent properties do with their barbeque grills, feeders, etc. Figure 16. Unprotected, standard garbage dumpsters and garbage containers on private properties within and adjacent to the Development. Figure 17. Barbeque grills on properties within and adjacent to the Development. WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 28 6.5.2. POTENTIAL POST-CONSTRUCTION NUISANCE BEAR ISSUES With the addition of new units over the course of 10 years, additional garbage will be produced and will be in need of disposal. Because of this, it is unlikely that the existing trash enclosure will be sufficient to handle the additional load, resulting either in a requirement for a new trash enclosure, or installation of trash enclosures/ dumpsters in additional areas within the Development. Likewise, increases in the number of housing units will likely translate into an increase in the number of barbeque grills, bird feeders, etc., that will also require proper management. With an increase in trash, barbeque grills, etc., comes a likely increase in the Development’s attractiveness for bears and other nuisance wildlife. Depending on the actions taken by the Development to manage these increases in human- related food sources, the development of additional housing units across the property may lead to moderate increases in nuisance wildlife/bear issues. 7. RECOMMENDATIONS FOR MINIMIZING POTENTIAL IMPACTS Although RES does not believe that the proposed Development will create any significant impacts upon wildlife as it is currently presented, we wish to make several recommendations that may help further reduce or offset wildlife impacts. These recommendations pertain to: 1) Timing restrictions on certain Development activities to further reduce potential impacts on elk and/or deer calving/fawning; 2) Possible fence removal/fence design modifications along the north fence line to facilitate wildlife movement; and 3) The installation of bear-proof trash enclosures and/or dumpsters. 7.1. TIMING RESTRICTIONS In order to help ensure that construction-related disturbances do not impact either nesting migratory birds (which would violate the Federal Migratory Bird Treaty Act) or potential elk calving/deer fawning activities, construction activities should not be initiated between 1 April and 15 July. In Colorado, elk and deer typically give birth between mid-May and mid-June, with most nesting migratory birds beginning nesting (at the elevation of Estes Park) between mid-April and early May, and fledging their young by mid-July. If construction activities are initiated prior to 1 April, it is expected that most, if not all, animals preparing to nest or give birth in the area will have sufficient time and opportunity to find other suitable sites. Construction activities initiated after 15 July are not likely to impact much, if any, bird nesting or deer/elk fawning/calving activity. WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 29 If, however, initiation of construction activities is required between 1 April and 15 July, a detailed wildlife assessment of bird nesting and elk and deer calving/fawning activities within and immediately around (within 100 meters) the proposed construction site should be carried out by a qualified third party prior to any construction. If nesting, calving, or fawning animals are observed within or adjacent to the proposed construction area, construction activities should be postponed until such activity has ceased, or until 15 July, whichever comes first. In this way, potential direct impacts to breeding birds and calving/fawning animals can be virtually eliminated. 7.2. FENCE REMOVAL/DESIGN MODIFICATIONS Fully understanding the need for adequate fencing to keep neighboring livestock from entering the property, and understanding that discussions regarding potential fence modifications will surely require the consultation of neighboring landowners, elk and deer could potentially benefit from a modification to the north fence line. As the fence is currently constructed, the combination of both multi-strand barbed wire and buck-and-pole fencing can create a significant barrier to movement of elk and deer, especially for females with calves or fawns (Figure 18). Whether the entire fence line is modified, or simply portions of it that might serve as a wildlife “gate,” elk and deer stand to benefit greatly by any measure that makes movement across the north property boundary safer and easier, as this measure would do. If this recommendation is of interest to the property’s management, RES or the CDOW can provide additional design recommendations and consultation regarding this issue. Figure 18. North fence line along the MacGregor Ranch boundary. Notice the multi-strand barbed wire in conjunction with the buck-and- pole fence. This type of fence can be highly restrictive to elk and deer movement. Although potentially less of a problem, it is recommended that the remnant portions of old “sheep fence” be removed from areas along the property boundary with Saint Bartholomew’s Church (Figure 19). While this area does not contain restrictive fencing like other areas of the north fence line do, remnant portions of old sheep fence WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 30 could pose an entrapment risk for animals moving through this area. Removal of this fence would likely be relatively easy, and would require no modification to neighboring land use, as this portion of fence currently serves no purpose. Figure 19. Unnecessary remnant portions of sheep fence within the creek corridor along the north fence line. NOTE: As of the April 2009 Update, per the property manager, remnant portions of sheep fence within the creek corridor along the north fence line have been removed.53Additionally, management at The Lodges at Black Canyon Inn Condominiums is continuing discussions with the MacGregor Ranch in an effort to work toward minimizing the barbed wire under the buck-and-pole fence along their common boundary.54 7.3. INSTALLATION OF BEAR-PROOF TRASH ENCLOSURES AND/OR DUMPSTERS As outlined in Section 5.5.2., additional residential units will most certainly create additional garbage in need of disposal. When designing additional garbage collection points, or planning for the deployment of additional dumpsters, it is highly recommended that future trash enclosures be designed and built to be bear-proof, and that additional garbage dumpsters be equally bear-proof. By making the necessary design changes and budgetary adjustments for these additions early in the development stage, nuisance bear and other wildlife issues at trash collection points can be greatly reduced. Not only is this safer for the Development and its residents, but it is also cheaper and less time-consuming for management, makes it easier for the CDOW, and is much better for wildlife as well. WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 31 1 Town of Estes Park. 2007a. Estes Valley Development Code. Accessed on the Internet at http://www.estesnet.com/comdev/devcode/default.aspx 2 Town of Estes Park. 2007b. Estes Valley Comprehensive Plan. Accessed on the Internet at http://www.estesnet.com/comdev/ComprehensivePlan.aspx 3 Colorado Division of Wildlife. 2006. Elk Management Plan, Data Analysis Unit E-9—Saint Vrain Herd, Game Management Unit 20. 4 Roe, C. 2008a. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC, to Rick Spowart, District Wildlife Manager, Colorado Division of Wildlife, 31 March 2008. 5 Hudson, R.J. and J.C. Haigh with contributions by A.B. Bubenik. 2002. Physical and Physiological Adaptations. In North American Elk, Ecology and Management, compiled and edited by Dale E. Toweill and Jack Ward Thomas, Wildlife Management Institute, 257. 6 Geist, V. 2002. Adaptive Behavioral Strategies. In North American Elk, Ecology and Management, compiled and edited by Dale E. Toweill and Jack Ward Thomas, Wildlife Management Institute, 407. 7 Millspaugh, J.J., G.C. Brundige, R.A. Gitzen, K.J. Raedeke. 2000. Elk and hunter space-use sharing in South Dakota. Journal of Wildlife Management, 64(4): 994-1003. 8 Thompson, M.J. and R.E. Henderson. 1998. Elk Habituation as a Credibility Challenge for Wildlife Professionals. Wildlife Society Bulletin, 26(3): 477-83. 9 VerCauteren, K.C., J.A. Shivik, M.J. Lavelle. 2005. Efficacy of an animal-activated frightening device on urban elk and mule deer. Wildlife Society Bulletin, 33(4): 1282-87. 10 Thompson, M.J. and R.E. Henderson. 1998. Elk Habituation as a Credibility Challenge for Wildlife Professionals. Wildlife Society Bulletin, 26(3): 477-83. 11 Colorado Division of Wildlife. 2006. Elk Management Plan, Data Analysis Unit E-9—Saint Vrain Herd, Game Management Unit 20. 12 National Park Service. 2007. Final Elk and Vegetation Management Plan/EIS. National Park Service, Rocky Mountain National Park, Colorado. 13 Lubow B.C., F.J. Singer, T.L. Johnson, and D.C. Bowden. 2002. Dynamics of Interacting Elk Populations Within and Adjacent to Rocky Mountain National Park. In Ecological Evaluation of the Abundance and Effects of Elk Herbivory in Rocky Mountain National Park, Colorado, 1994-1999, edited by F.J. Singer and L.C. Zeigenfuss, 3-23. Fort Collins CO: Colorado State University and U.S.Geological Survey. 14 Roe, C. 2008b. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 10 April 2008. 15 Town of Estes Park. 2007c. Zoning Districts Map of the Estes Valley. Accessed on the Internet at http://www.estesnet.com/comdev/ZoningMaps/zonemap2007.gif 16 Roe, C. 2008b. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 10 April 2008. WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 32 17 Roe, C. 2008b. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 10 April 2008. 18 Roe, C. 2008b. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 10 April 2008. 19 Roe, C. 2008a. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC, to Rick Spowart, District Wildlife Manager, Colorado Division of Wildlife, 31 March 2008. 20 Roe, C. 2008b. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 10 April 2008. 21 Roe, C. 2008a. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC, to Rick Spowart, District Wildlife Manager, Colorado Division of Wildlife, 31 March 2008. 22 Roe, C. 2008b. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 10 April 2008. 23 Roe, C. 2008a. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC, to Rick Spowart, District Wildlife Manager, Colorado Division of Wildlife, 31 March 2008. 24 Roe, C. 2008b. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 10 April 2008. 25 Roe, C. 2008b. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 10 April 2008. 26 Roe, C. 2008a. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC, to Rick Spowart, District Wildlife Manager, Colorado Division of Wildlife, 31 March 2008. 27 Roe, C. 2008b. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 10 April 2008. 28 Roe, C. 2008a. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC, to Rick Spowart, District Wildlife Manager, Colorado Division of Wildlife, 31 March 2008. 29 Roe, C. 2008c. E-mail communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jes Reetz, Cornerstone Engineering and Surveying, Inc., 1 April 2008. 30 Roe, C. 2008b. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 10 April 2008. 31 VerCauteren, K.C., J.A. Shivik, M.J. Lavelle. 2005. Efficacy of an animal-activated frightening device on urban elk and mule deer. Wildlife Society Bulletin, 33(4): 1282-87. 32 Roe, C. 2008c. E-mail communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jes Reetz, Cornerstone Engineering and Surveying, Inc., 1 April 2008. WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 33 33 Roe, C. 2008b. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 10 April 2008. 34 Roe, C. 2008b. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 10 April 2008. 35 Roe, C. 2008b. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 10 April 2008. 36 Roe, C. 2008b. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 10 April 2008. 37 Roe, C. 2008b. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 10 April 2008. 38 Roe, C. 2008b. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 10 April 2008. 39 Roe, C. 2008c. E-mail communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jes Reetz, Cornerstone Engineering and Surveying, Inc., 1 April 2008. 40 Roe, C. 2008b. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 10 April 2008. 41 Roe, C. 2008b. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 10 April 2008. 42 Roe, C. 2008b. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 10 April 2008. 43 Roe, C. 2008b. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 10 April 2008. 44 Roe, C. 2008b. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 10 April 2008. 45 Roe, C. 2008b. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 10 April 2008. 46 Hoover, R.L. and D.L. Wills, ed. 1984. Managing forested lands for wildlife. Colorado Division of Wildlife in cooperation with USDA Forest Service, Rocky Mountain Region, Denver, Colorado, 459 pp. 47 Johnson, D.E. 1951. Biology of the Elk Calf, Cervus canadensis nelsoni. The Journal of Wildlife Management, 15(4): 396- 410. 48 Natural Resources Conservation Service (NRCS). 1999. American Elk. Fish and Wildlife Habitat Management Leaflet Number 11. WILDLIFE IMPACT ASSESSMENT MARCH 2008 (UPDATED APRIL 2009) THE LODGES AT BLACK CANYON INN CONDOMINIUMS DEVELOPMENT ESTES PARK, COLORADO 34 49 Kuck, L. G.L. Hompland, E.H. Merrill. 1985. Elk Calf Response to Simulated Mine Disturbance in Southeast Idaho. The Journal of Wildlife Management, 49(3): 751-57. 50 Roe, C. 2008a. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC, to Rick Spowart, District Wildlife Manager, Colorado Division of Wildlife, 31 March 2008. 51 Roe, C. 2008b. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 10 April 2008. 52 Roe, C. 2008b. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 10 April 2008. 53 Roe, C. 2009a. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 14 April 2009. 54 Roe, C. 2009a. Personal communication from Chris Roe, CWB, Roe Ecological Services, LLC to Jim Sloan, The Lodges at Black Canyon Inn Condominiums property manager, 14 April 2009.