HomeMy WebLinkAboutC19-372 Eagle Valley Land TrustBaseline Documentation Report Berry Creek – Miller Ranch Open Space ATTESTATION BERRY CREEK – MILLER RANCH OPEN SPACE CONSERVATION EASEMENT EAGLE COUNTY, COLORADO In Compliance with Title 26 of the Internal Revenue Code [Ꞩ1.170A-14(g)(5)], and to the best of my knowledge, this Baseline Documentation Report, including text, maps, and photographs, is an accurate representation of the Berry Creek – Miller Ranch Open Space conservation easement property at the time of the conveyance of the conservation easement. The conservation values include open space, outdoor recreation for the public, and relatively natural habitat. _________________________________________ ____________________ Eagle County, GRANTOR Date _______________________, County Manager ___________________________________________ _________________ Eagle Valley Land Trust, GRANTEE Date Jim Daus, Executive Director ii DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 11/12/2019 Jeff Shroll 11/12/2019 BASELINE DOCUMENTATION REPORT Berry Creek - Miller Ranch Open Space Conservation Easement Eagle County, Colorado Prepared For Eagle Valley Land Trust PO Box 3016 Edwards, Colorado 81632 Prepared By Rare Earth Science, LLC PO Box 1245 Paonia, Colorado 81428 (970) 527-8445 June 17, 2011 DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Baseline Documentation Report Berry Creek – Miller Ranch Open Space June 17, 2011 i Rare Earth Science, LLC TABLE OF CONTENTS ATTESTATION ............................................................................................................................. ii  PREPARER CERTIFICATION STATEMENT .............................................................................. iii  CONTACTS & BASIC INFORMATION SUMMARY..................................................................... iv  1 INTRODUCTION ................................................................................................................... 1  1.1 Methods ..................................................................................................................... 1  1.2 Property & Setting Description ................................................................................... 2  1.3 Directions to the Property .......................................................................................... 3  1.4 Summary of the Property’s Conservation Values ...................................................... 3  2 PHYSICAL CHARACTERISTICS OF THE PROPERTY ....................................................... 4  2.1 Existing Improvements............................................................................................... 4  2.2 Geology & Soils ......................................................................................................... 5  2.3 Hydrology ................................................................................................................... 5  2.4 Vegetation .................................................................................................................. 6  3 LAND MANAGEMENT PRACTICES ..................................................................................... 7  3.1 Cultivation & Grazing ................................................................................................. 7  3.2 Public Access & Public Trails..................................................................................... 8  3.3 Weeds & Weed Control ............................................................................................. 8  3.4 Minerals ..................................................................................................................... 8  4 OPEN SPACE ....................................................................................................................... 8  4.1 Scenic Characteristics ............................................................................................... 8  4.2 Significant Public Benefit ........................................................................................... 9  5 RECREATION ..................................................................................................................... 11  6 RELATIVELY NATURAL HABITAT ..................................................................................... 11  6.1 Habitat for Threatened, Endangered, or Special Concern Species ......................... 11  6.2 Big Game Habitat..................................................................................................... 12  6.3 Habitat for Other Wildlife .......................................................................................... 13  7 REFERENCES .................................................................................................................... 13  FIGURES (Following Main Text) 1. Regional & Local Locator Maps 2. Topographic Map 3. Aerial Photograph & Photopoint Locations 4. Improvements & Vegetation Communities 5. Soils Map 6. Wildlife Range Maps DOCUMENTARY PHOTOGRAPHS (Following Figures) DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Baseline Documentation Report Berry Creek – Miller Ranch Open Space June 17, 2011 ii Rare Earth Science, LLC ATTESTATION BERRY CREEK – MILLER RANCH OPEN SPACE CONSERVATION EASEMENT EAGLE COUNTY, COLORADO In compliance with Title 26 of the Internal Revenue Code [§1.170A-14(g)(5)], and to the best of my knowledge, this Baseline Documentation Report, including text, maps, and photographs, is an accurate representation of the Berry Creek – Miller Ranch Open Space conservation easement property on __________________, 20___, the time of the conveyance of the conservation easement. The conservation values include open space, outdoor recreation for the public, and relatively natural habitat. ___________________________________________ _______________ Eagle County, GRANTOR Date ___________________, County Commissioner ___________________________________________ _______________ Eagle Valley Land Trust, GRANTEE Date Kara Heide, Executive Director DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Baseline Documentation Report Berry Creek – Miller Ranch Open Space June 17, 2011 iii Rare Earth Science, LLC PREPARER CERTIFICATION STATEMENT BERRY CREEK – MILLER RANCH OPEN SPACE CONSERVATION EASEMENT EAGLE COUNTY, COLORADO I, the undersigned, prepared this Baseline Documentation Report in accordance with Treas. Reg. 1. 170A-14(g)(5)(i)(D). To the best of my knowledge, this Baseline Documentation Report, including text, maps, and photographs, is a true and correct representation of the Berry Creek – Miller Ranch Open Space conservation easement property at the date of my signature below. I certify that I am a qualified provider of conservation easement due diligence. As principal biologist at Rare Earth Science, I have personally prepared baseline documentation reports for more than 150 conservation easement projects in eight Colorado counties, and am familiar with the natural resources of the region. My recent relevant project experience includes rare plant surveys in Delta and Montrose counties, co-authorship of Colorado Sagebrush: A Conservation Assessment and Strategy (prepared for the Colorado Division of Wildlife in 2005), and a Migratory Bird Status Literature Review (prepared for the Uncompahgre Field Office of the U.S. Bureau of Land Management in 2009). I earned a Bachelor of Science degree in Biological Sciences from Stanford University in 1988 and have 21 years of experience in consulting practice. June 17, 2011 __________________________________ _______________ Dawn R. Reeder, Principal Biologist Date Rare Earth Science, LLC DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Baseline Documentation Report Berry Creek – Miller Ranch Open Space June 17, 2011 iv Rare Earth Science, LLC CONTACTS & BASIC INFORMATION SUMMARY GRANTOR Eagle County 500 Broadway Eagle, Colorado 81631 GRANTEE Eagle Valley Land Trust PO Box 3016 Edwards, Colorado 81632 (970) 748-7654 BASELINE DOCUMENTATION REPORT PREPARER Dawn Reeder Rare Earth Science, LLC PO Box 1245 Paonia, Colorado 81428 (970) 527-8445 dawn@rareearthscience.com CONSERVATION EASEMENT NAME: Berry Creek – Miller Ranch Open Space ACREAGE: Approximately 32.5 acres PROPERTY ADDRESS: Rural, Miller Ranch Road, Edwards, Colorado EAGLE COUNTY PARCEL NO. Portion of Parcel No. 2105-033-17-002 PHYSICAL LOCATION Please refer to the map and legal description in the Deed of Conservation Easement. LEGAL DESCRIPTION See the Deed of Conservation Easement, Exhibit A, for a complete legal description. BUILDING ENVELOPE No building envelopes are permitted on the conservation easement under the Deed of Conservation Easement. DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Baseline Documentation Report Berry Creek – Miller Ranch Open Space June 17, 2011 1 Rare Earth Science, LLC 1 INTRODUCTION Colorado Revised Statutes (CRS) provide for the establishment of conservation easements to maintain land “in a natural, scenic, or open condition, or for wildlife habitat, or for agricultural […] or other use or condition consistent with the protection of open land having wholesome environmental quality or life-sustaining ecological diversity” [CRS §38-30.5-101]. Toward these ends, the Eagle County Board of Commissioners, on behalf of the citizens of Eagle County (“grantor” or “the county”) is conveying a perpetual conservation easement on property in Eagle County, Colorado, to Eagle Valley Land Trust (“Land Trust” or “grantee”). The grantee is a non-profit corporation and a "qualified organization," as defined in §170(h) of the Internal Revenue Code, and a charitable organization as required under CRS §§38-30.5-104(2). The conservation easement will be known as the Berry Creek – Miller Ranch Open Space, and will preserve scenic open space and wildlife habitat while providing outdoor recreational opportunities to the citizens of Eagle County and the State of Colorado. It is the policy of the grantee to require baseline documentation for all conservation easement conveyances it accepts. This report contains a natural resources inventory and also documents the conservation values and the characteristics, current use, and status of improvements on the property. The accuracy of this report is acknowledged by the grantor and grantee at the time of the conservation easement conveyance. This report is intended to benefit to both parties and will be used by grantee to assure that any future changes on the property are be consistent with the terms of the Deed of Conservation Easement (CE Deed). However, this report is not intended to preclude the use of other evidence to establish the condition of the property at the time of the conservation easement conveyance. This report, together with other materials in the grantee’s files, addresses all applicable items in the grantee’s Baseline Documentation Report Checklist. Figure 1 shows the property’s regional setting and location in relationship to other conserved private property and public lands, as well as directions to the property. Figure 2 shows the topography of the property and its surroundings. Figure 3 provides an aerial overview of the property and a key to documentary photograph locations. Figure 4 depicts the improvements and vegetation communities on the property. Figure 5 maps the soil units on the property. Ranges of selected wildlife species are mapped on Figure 6. A list of global positioning system (GPS) coordinates for the locations of documentary photographs is included on Figure 3. 1.1 Methods This report satisfies the documentation requirements of the U.S. Internal Revenue Service Code at §1.170A-14 and the conservation easement due diligence requirements of the grantee, and generally follows standards and practices recommended by the Land Trust Alliance (Hamilton 2008). Methods of baseline documentation included a field visit to the property and an interview with the grantee on June 1, 2011, review of information provided by the grantee and grantor, and research of available publications and other relevant documents, as cited. Mapping for this document was created using ESRI® geographic information systems (GIS) software, ArcGIS 9.3™ and a recreational-grade handheld GPS unit. Base maps consist of U.S. DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Baseline Documentation Report Berry Creek – Miller Ranch Open Space June 17, 2011 2 Rare Earth Science, LLC Geological Survey (USGS) 7.5-minute topographic quadrangle and National Agricultural Imagery Program (NAIP) aerial photography digital mosaics available for public download through the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS). Data resources used to create regional mapping (Figure 1), soils mapping (Figure 5), and wildlife range maps (Figure 6) are cited on the figures themselves. The photopoint map (Figure 3) was created by mapping GPS waypoints marked at documentary photograph locations. The improvements map (Figure 4) was created by interpreting recent aerial photographs and by mapping GPS waypoints of certain point features and tracks of roads, trails, and fence lines on the property. Consequently, the improvements map must not be considered a survey of improvements, but rather a simple inventory sketch. The vegetation community was mapped (Figure 4) by interpreting recent aerial photographs, combined with a walkabout survey of the property. It should be noted that vegetation mapping boundaries cannot accurately represent the intergrade between plant communities. It was not within the scope of this report to review boundary adjustments, miscellaneous easements, or rights-of-way, whether recorded or unrecorded, for accuracy or applicability to the conservation easement conveyance. 1.2 Property & Setting Description The Berry Creek – Miller Ranch Open Space Conservation Easement property (hereinafter, “property”) is approximately 32.5 acres lying south of the Interstate-70 corridor and north of U.S. Highway 6, just east of the community of Edwards, in Eagle County, Colorado (Figure 1). A complete legal description of the property is provided in Exhibit A of the Deed of Conservation Easement (CE Deed). See the Contacts and Basic Information Summary in the front matter of this report for further information identifying the physical location of the property. The property features riparian woodlands, meadows, shrublands, and wetlands, and an approximately 4,900-foot reach of Eagle River. Improvements at the time of the conservation easement conveyance were an unimproved service road, unimproved trails, minor utilities, irrigation infrastructure, and perimeter fencing. No buildings existed on the property, and no residential dwellings will be permitted on the property by the CE Deed. Documentary photographs showing the property’s improvements and important features follow the figures after the text of this report. The locations of the photographs are keyed to Figure 3, and improvements are mapped on Figure 4. The Eagle River drainage is situated in the Southern Rocky Mountains physiographic province in the foothills of the Sawatch Mountains in the greater Colorado River watershed. The area is characterized by steep river valleys and terraces flanked by high foothills and mountains. Typical of Colorado’s western slope, winters are relatively cold and snowy and summers are relatively warm and dry. The property lies at approximately 7,300 feet above mean sea level (Figure 2). The property is bounded by a rail road easement and other Eagle County lands to the north, Miller Ranch Road and private lands to the west, Eagle River and a residential subdivision and golf course to the south, and the residential subdivision and golf course to the east. Prior to its ownership by Eagle County, historic uses of the property have included livestock range and recreational hunting. The property is currently managed by Eagle County as public open space. Trails on the property are used by local residents and visitors for passive recreation activities. The public can also gain fishing and boating access to the river from the property’s trails (foot trails only—no vehicular access or boat ramps will be provided or permitted for the public). DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Baseline Documentation Report Berry Creek – Miller Ranch Open Space June 17, 2011 3 Rare Earth Science, LLC 1.3 Directions to the Property From the Edwards exit on Interstate-70, head south on Edwards Access Road for 0.1 mile. Turn left (east) through a roundabout onto Miller Ranch Road and drive approximately 1.1 miles to the northwest property corner, which is on the left just before Miller Ranch Road crosses Eagle River (see Figure 4 for entrance location). 1.4 Summary of the Property’s Conservation Values The purpose of the conservation easement conveyance on the property is to preserve, in perpetuity, the following conservation values: 1. Open space. The property’s forested riparian corridor and open shrublands and meadows add to the scenic character, openness, and variety of the local rural landscape. A large portion of the property, including the lush riparian corridor of Eagle River, is visible from Interstate-70, from U.S. Highway 6, from Miller Ranch Road, and from other public roads around Eagle Valley. From these roads, which are utilized year- round by citizens of Eagle County and the State of Colorado, travelers also enjoy unobstructed scenic views across the property toward the foothills of the Gore and Sawatch Mountain Ranges on the White River National Forest. Development of the property into residential parcels would likely lead to or would contribute to the degradation of the scenic character of the area. Preservation of open space, including scenic lands, is supported by state and local governmental policies, and brings significant benefit to the public. 2. Recreation. The conservation easement will allow public to access the property from a trail originating on Miller Ranch Road. As such, the general public may enjoy non- motorized recreational opportunities on the property, including walking, jogging, skiing, bicycling, fishing, wildlife watching, rafting, and kayaking. The property currently receives substantial and regular use by the general public for the purpose of outdoor recreation. No vehicular access or boat ramps will be provided or permitted for the public. 3. Relatively natural habitat. The property supports a forested riparian corridor along a 4,900-foot reach of Eagle River and a 500-foot reach of June Creek, montane meadows and shrublands, and graminoid wetlands in relatively natural condition that provide forage, cover, breeding habitat, and migration corridors for several wildlife species, including migratory songbirds, beaver, and big game. The property supports wintering elk and provides summer range for mule deer; these wild ungulates contribute significantly to the biodiversity and the region and to the economy through hunting revenues. The habitat on the property is “significant” as defined by the Treasury Regulations, as it represents potential habitat for rare, endangered, or threatened species such as northern river otter (recognized as threatened and protected under the Colorado Nongame, Threatened, or Endangered Species Conservation Act); bald eagle (a Colorado State Species of Concern); and northern leopard frog (a Colorado State Species of Concern). DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Baseline Documentation Report Berry Creek – Miller Ranch Open Space June 17, 2011 4 Rare Earth Science, LLC 2 PHYSICAL CHARACTERISTICS OF THE PROPERTY 2.1 Existing Improvements The appearances of improvements are shown in the documentary photographs (following the figures after the main text), whose locations are keyed to Figure 3. Figure 4 maps the locations of improvements and other important features. GPS coordinates for photopoint locations are provided on Figure 3. The remaining bulleted paragraphs of this section describe other improvements on the property, such as fencing, roads and trails, utilities, and irrigation infrastructure.  Buildings. No buildings existed on the property at the time of the field visit.  Roads and trails. Primary access to the property is via an unimproved two-track road (service vehicle access) off of Miller Ranch Road into the northwest property corner (Photopoints 1, 4, 7, 16, 21, and 22). A single-track trail departs from this two-track road and loops through the forested riparian area west of June Creek (Photopoints 10, 13, and 14). Several short spur trails lead from these main trails south to the river bank (Photopoint 11, for example). The origins of spur trails observed during the baseline field visit are marked on Figure 4. An additional faint spur trail leads to the wetland area in the west-central part of the property (Photopoint 10, looking west-by-southwest).  Fences. The property is fenced along the north boundary with multi-strand barbed wire livestock fencing (Photopoints 1, 7, 15, and 22). The east boundary is gated at the two- track road with wire panel fencing (Photopoint 22) extending north and south on either side of the gate to discourage trespassing into private property to the east. However, a social trail cuts around this fencing to the north.  Utilities. No utilities were observed on the property at the time of the baseline field visit; however, the grantor’s review of a title insurance commitment procured during the conservation easement conveyance process noted multiple utility easements exist on the property. A water well casing, storm drain-type structure (Photopoint 3), and small pump house are located near (just outside of or on) the property’s west boundary. A linear area of disturbed ground oriented roughly north-south was observed east of June Creek and south of the main trail (Photopoint 17, looking northeast). It is unknown whether this area contains a buried utility line.  Irrigation infrastructure. Beginning at the northeast property corner, Howard Ditch, an irrigation canal running in a combination of open ditch and buried pipe, flows west within or near the property’s north boundary a distance of approximately 1,900 feet before exiting the property’s north boundary. Howard Ditch crosses June Creek in a suspended pipe (Photopoint 16, looking north-by-northeast). Ditch cleaning and maintenance was underway at the time of the field visit (Photopoint 15).  Bank stabilization. Deposits of scrap metal and other debris (such as discarded culvert or irrigation pipe and flume material) were present in the east part of the property along the north river bank (see Figure 4 for approximate location and Photopoint 21). Presumably, these items were deposited at one time to provide bank stabilization and erosion control. DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Baseline Documentation Report Berry Creek – Miller Ranch Open Space June 17, 2011 5 Rare Earth Science, LLC 2.2 Geology & Soils The property lies in the rugged, high-elevation terrain of the Southern Rocky Mountains physiographic province, which is characterized by cliffs, canyons and gulches cut in gently- dipping to broadly-folded sedimentary rocks of Pennsylvanian to Cretaceous age. The topography and geology of this area was influenced by several major structural elements in western Colorado, including the Gore Range to the east-northeast, the White River Uplift and Flat Top Mountains to the west-northwest, and the Sawatch Range to the south. This area is located within the Eagle Basin, which is primarily a Pennsylvanian-aged depositional trough located in a structurally complex area east of the Piceance Basin. This area is also located in the Upper Colorado River drainage basin. The Geologic Map of the Leadville 1° x 2° Quadrangle, Northwestern Colorado (USGS Miscellaneous Investigation Series Map I-999, 1988) was reviewed for an understanding of local surface and subsurface geologic conditions. The property is comprised of bedrock Middle Pennsylvanian Eagle Valley Evaporite (Map Unit Pee). Map Unit Pee consists of gypsum, anhydrite, and interbedded siltstone and minor dolomite, with thick halite salt at depth in some places, and a thickness of upwards of 9,000 feet in the property vicinity. Unconsolidated Pleistocene young gravel deposits (Map Unit Qg) cover the entire surface of the Site, and overlie bedrock Map Unit Pee. Map Unit Qg includes stream, terrace and outwash gravels, largely of glaciofluvial and alluvial origin, deposited less than 1 million years ago. Map Unit Qg fills and forms the major low-lying areas and well-developed drainages in the Eagle River Valley. The local soil survey identifies several soil units on the property (Figure 5). 2.3 Hydrology The property encompasses approximately 4,900 feet of Eagle River frontage, including an old meander area containing a small beaver pond complex. The Eagle River is a major local tributary of the Colorado River, and its riparian corridor is significant landscape feature of Eagle County through the I-70 corridor (Photopoints 23 and 24). Peak runoff flows near Avon, Colorado, range between about 2,000 and 5,500 cubic feet per second (cfs), and mean annual high water runoff is approximately 4,100 cfs (USGS 2011). Following spring runoff, and during the peak of the growing season when the demand for irrigation water is high, in-stream flows in in Eagle River are somewhat diminished. Eagle River supports natural riparian woodlands and shrublands along its entire north bank frontage on the property. Natural riparian communities depend on periodic / seasonal flooding to regenerate. The Eagle River’s flow regime, morphology, and the health of its riparian communities have been significantly affected over the years by irrigation diversions, floodplain aggregate mining, historic efforts to control flooding and bank erosion, and bottomland conversion to croplands. Most of these activities have occurred primarily downstream of the property. However, during recent years residential and resort-type developments have encroached into the riparian corridor of the river in the Edwards area and upstream of the Edwards area. A residential subdivision and golf course lie directly across (south of) Eagle River from the property (Photopoint 4). The structures and landscaping of this development have a relatively small setback from the south river bank. Consequently, the riparian character of the south bank of Eagle River across from the property is no longer in a natural condition, underscoring the importance of the conservation easement in preserving the natural forested riparian corridor, and an undeveloped buffer for that corridor, on the property. This provides ecological as well as recreational and scenic open space benefits to the citizens of Eagle County and the State of Colorado. DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Baseline Documentation Report Berry Creek – Miller Ranch Open Space June 17, 2011 6 Rare Earth Science, LLC Other surface hydrology features on the property include a short reach of June Creek (Photopoint 17, looking north-by-northeast), open and piped sections of Howard Ditch, and a graminoid wetland (Photopoints 8 and 9). June Creek flows from the north into Eagle River in the east part of the property (Photopoint 18). Howard Ditch traverses the property’s north boundary, flowing from east to west during irrigation season to irrigate hay fields in the valley downstream of the property. The graminoid wetland lies in the west part of the property on a terrace above the river. Its hydrology appears to be provided by a spring or seep issuing from a hillslope to the north. Preservation of the property’s natural riparian corridor under the conservation easement will help conserve some of arid western Colorado’s most important wildlife habitat resources. Much of Colorado’s pre-EuroAmerican settlement riparian habitat has been lost, degraded, or permanently altered in the past century due to water projects (dams, diversions, and introduction of competitive non-native plants such as tamarisk and Russian olive for erosion control). Also, an estimated 50 percent of Colorado’s original wetlands have been lost due to residential and commercial development, livestock overgrazing, cropland conversions, water diversions, and contamination (Yuhas 1996). According to a recent landscape-scale mapping effort by the Southwest Regional Gap Analysis Project, riparian habitat constitutes less than 3 percent, and wetlands constitute less than 0.1 percent, of the total area of western Colorado. Nevertheless, about 72 percent of all reptile species, 77 percent of all amphibians, 80 percent of all mammals, and 90 percent of all bird species occurring in the region routinely use riparian areas for food, water, cover or migration routes (Knopf 1989). 2.4 Vegetation The vegetation communities found on the property are listed and briefly described in paragraphs below, and mapped on Figure 4. The vegetation map was created by interpreting a recent aerial photograph, combined with a walkabout survey of the property.  Riparian forested (approximately 10.6 acres). This community type occurred along the majority of the banks of Eagle River and June Creek on the property (Photopoints 2, 13, and 17) and was dominated by narrowleaf cottonwoods (Populus angustifolia), but also featured an occasional Colorado blue spruce (Picea pungens), Engelmann spruce (Picea engelmannii), or Rocky Mountain juniper (Juniperus scopulorum). A variety of riparian shrubs were scattered throughout, including chokecherry (Prunus americana), alder (Alnus incana tenuifolia), Redosier dogwood (Cornus sericea), coyote willow (Salix exigua), wild rose (Rosa woodsii), three-leaf sumac (Rhus trilobata), currant (Ribes sp.), and hawthorn (Crataegus sp.). Several species of mesic shrubs were also observed in the riparian corridor, such as snowberry (Symphoricarpos rotundifolius), serviceberry (Amelanchier alnifolia), and twinflower (Linnaea borealis). Herbaceous plants in the understory appeared to consist mostly of pasture grasses, namely, smooth brome (Bromus imermis). However, cow parsnip (Heracleum sphondylium), false Solomon’s seal (Maianthemum stellatum), wild phlox (Phlox spp.), and wiregrass (Juncus balticus) were among the native herbaceous plants scattered throughout the riparian corridor. Overall, the forested riparian community on the property was in good condition, with a good mix of cottonwood age classes and a high degree of recruitment of new cottonwood saplings (Photopoint 19) in and near the floodplain. Several standing cottonwood snags and older trees provide habitat opportunities for cavity nesting birds and rodents, and roosts for several raptor species and great blue herons. Part of the floodplain of Eagle River in the west part of the property features a small beaver pond DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Baseline Documentation Report Berry Creek – Miller Ranch Open Space June 17, 2011 7 Rare Earth Science, LLC complex vegetated with vigorous cottonwood saplings and willows (Photopoints 5 and 6).  Riparian shrubland (approximately 1 acre). Riparian shrublands on the property were associated with the Howard Ditch alignment and were dominated by thick stands of coyote willow and/or three-leaf sumac. Ditch clearing activities (maintenance) were taking place on Howard Ditch during the baseline field visit, which has resulted in the removal of much of the riparian shrubland along its banks (Photopoint 15). However, this community is likely to regenerate relatively quickly during the next few growing seasons.  Montane meadow (approximately 4.5 acres). Montane meadows were present on the property on low benches above the riparian forested corridor, and were vegetated primarily with smooth brome, a pasture grass cultivated widely in the region (Photopoint 14). It is assumed that much of the property was livestock pasture or hayfields and these meadow areas are remnant pastures or hayfields. Cottonwood saplings or rabbitbrush (Chrysothamnus spp.) are gradually encroaching on these meadow areas with time.  Montane shrubland (approximately 7 acres). Montane shrublands were present across the north central part of the property and in an open area east of June Creek. The principal shrub is a species of rabbitbrush, and herbaceous ground cover is dominated by smooth brome. As with the montane meadow community type, the montane shrubland areas are reverting to a more natural state following a period of cultivation and/or grazing when the property was ranched.  Graminoid wetland (approximately 1.7 acres). The graminoid wetland (i.e., wetland dominated by grass-like plants) on the property featured a lush association two species of sedge—water sedge (Carex aquatilis) and an additional unidentified Carex species (sp.) (Photopoints 8, 9, and 12). Other wetland graminoids present at the dryer fringes of the Carex association were wiregrass and a small spike rush (Eleocharis sp.). The source of hydrology for this wetland appears to be subsurface flow from the north emerging near the toe of the slope of the bench where the main trail / service road is located.  Open water / river bed (approximately 7.7 acres). Nearly one-quarter of the property encompasses open water or, during low water periods, unvegetated river bed of Eagle River (Photopoints 1, 2, 4, 11, 13, 18, 20, and 21). The rejuvenation of the property’s cottonwood stands depends on the natural flood regime of the river (i.e., high stage in spring) and in allowing for changes in geomorphology to occur to the river channel naturally over time to the greatest extent possible. Much of the south bank of Eagle River adjacent to the property is confined to its existing location due to the residential development there, whereas a large portion of the north bank through the property can undergo natural geomorphologic changes over time, as a benefit of the conservation easement. 3 LAND MANAGEMENT PRACTICES 3.1 Cultivation & Grazing The property was once part of Miller Ranch, and as such, was likely used to graze livestock. As a result, the montane meadow areas and the montane shrubland understory areas of the property are dominated by smooth brome and other cultivar pasture grasses. The property has not been grazed for a number of years. DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Baseline Documentation Report Berry Creek – Miller Ranch Open Space June 17, 2011 8 Rare Earth Science, LLC 3.2 Public Access & Public Trails The property is managed as public open space and wildlife habitat. Under the conservation easement, Eagle County will continue to manage the property as public open space and wildlife habitat and provide for the use of its trails. Foot path access to the riverbank for fishing and non- motorized boating access will be permitted. 3.3 Weeds & Weed Control The only Eagle County noxious weeds (Co. Dept. of Agriculture 2011) observed on the property at the time of the baseline field visit were Canada thistle (Cirsium arvense) and houndstongue (Cynoglossum officinale), scattered in the vicinity of trails and Howard Ditch. Canada thistle is considered a nuisance plant because it can form nearly impenetrable monocultural stands under certain conditions. Houndstongue is toxic to horses, cattle, and wild ungulates. Noxious weeds did not appear to be a serious management issue on the property at the time of the field visit. Weeds are actively managed on County properties by Eagle County, as funding and personnel are available. Other troublesome weeds on the property were cheatgrass (Bromus tectorum), common dandelion (Taraxacum officinale), and common mullein (Verbascum thapsus) and annual mustards. These plants appeared to be concentrated near trails and areas of recent minor ground disturbance. Such infestations are typical and widespread in these habitat types in Eagle County and are not considered to be directly harmful to wildlife or pets. 3.4 Minerals The grantor and grantee’s review of a title insurance commitment procured during the conservation easement conveyance process identified that the mineral rights on the property are wholly owned by the grantor, subject to existing reservations of patents of record. No past or present mining activities were evident on the property at the time of the field visit. No mining will be permitted under the CE Deed, except as permitted in patents of record. 4 OPEN SPACE The property provides scenic views and open space for the benefit and enjoyment of the public (see Section 1.4 for a summary of the property’s conservation values). The open space conservation value of the property is described in detail below and depicted in figures and documentary photographs following the main text of this report. Documentary photographs were taken at the photopoints shown on Figure 3. The GPS coordinates of the photopoints are included on Figure 3 of this report. 4.1 Scenic Characteristics The property possesses excellent scenic characteristics. The property’s aesthetically-pleasing and harmonious array of shapes and textures created by its relatively natural forested riparian corridor and open meadows and shrublands, provides scenic enjoyment to the general public, and contributes to the openness and variety of the overall landscape in the region. A large portion of the property, including the lush riparian corridor of Eagle River, is visible from Interstate-70 (Photopoints 23 and 24), from U.S. Highway 6, from Miller Ranch Road DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Baseline Documentation Report Berry Creek – Miller Ranch Open Space June 17, 2011 9 Rare Earth Science, LLC (Photopoint 1), and from other public roads around Eagle Valley. From these roads, which are utilized year-round by citizens of Eagle County and the State of Colorado, travelers also enjoy unobstructed scenic views across the property toward the foothills of the Gore and Sawatch Mountain Ranges on the White River National Forest. 4.2 Significant Public Benefit Preservation of the property under a conservation easement will yield significant public benefit because its open space provides a) scenic enjoyment for the general public, b) wildlife habitat at the site-specific level and habitat connectivity at the landscape level (Figure 6). Preservation of the property will continue to provide an opportunity for the general public to appreciate its scenic values, and is important for preserving regional resources with the potential to provide revenue and attract tourism to the area. A significant benefit to the public is provided by the conservation easement on the property because of the strong likelihood that development of the property would lead to or would contribute to degradation of the relatively natural habitat and the scenic and rural character of the area. Open space (including relatively natural habitat supporting big game), and scenic views are important resources that benefit the public by bringing significant hunting and tourism revenues to the State of Colorado and Eagle County. A conservation easement on the property is supported by policy at the state and regional/local levels:  State policy. Colorado Revised Statutes (CRS) provide for the establishment of conservation easements to maintain land “in a natural, scenic, or open condition, or for wildlife habitat, or for agricultural […] or other use or condition consistent with the protection of open land …” [CRS §38-30.5-101]. The Colorado Wildlife and Parks and Outdoor Recreation statutes [CRS §33-1-101 and §§ 33-10-101], provide, respectively, that “It is the policy of the State of Colorado that the wildlife and their environment are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and visitors to this state” and that “It is the policy of the state of Colorado that the natural, scenic, scientific, and outdoor recreation areas of this state are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and visitors of this state.” The Colorado Department of Transportation statutes [CRS §43-1-401, et seq.], provide that the "preservation and enhancement of the natural and scenic beauty of this state" are of substantial state interest. The Western Governors' Association Policy Resolution 08-21 supports "voluntary incentive-based methods for preserving open space, maintaining land and water for agricultural and timber production, wildlife and other values."  Regional & local policy. The property and its use are consistent with Eagle County’s 2005 Comprehensive Plan, which became effective on January 18, 2006, and includes policies to protect wildlife areas; maintain and enhance water quality and quantity; protect unique land forms; monitor and control air quality; and require development to be compatible with natural constraints of the land. Further, Resolution 2003-097 establishes that it is the policy of Eagle County to be dedicated to “preserving wildlife habitat, protecting working farms and ranches, conserving scenic landscapes and vistas, and protecting wetlands and floodplains” within and throughout Eagle County. DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Baseline Documentation Report Berry Creek – Miller Ranch Open Space June 17, 2011 10 Rare Earth Science, LLC The establishment of a conservation easement on the property is consistent with the following goals of Eagle County’s 2005 Comprehensive Plan: o Goal: The impacts of development in Eagle County are carefully monitored, and future development occurs in a manner that preserves a high quality of life, a diverse and sustainable economy, the area’s scenic beauty, a healthy natural environment and a vibrant, well designed community (3.2). o Goal: Eagle County’s infrastructure and community services support all present and future community needs and encourage efficient travel, healthy lifestyles, a stable economy and the preservation of environmental quality (3.5). o Goal: Preserve and/or enhance the quality of wildlife habitat, and the vitality of wildlife populations in Eagle County (3.7). o Goal: Development in Eagle County avoids or fully mitigates impacts to sensitive lands. Open space is preserved to the greatest degree possible, and scenic quality and cultural resources are protected (3.8). The establishment of a conservation easement on the property is consistent with the policies and strategies set forth in the Eagle County’s 2005 Comprehensive Plan, including the following: o The integrity, quality and interconnected nature of critical wildlife habitat in Eagle County should be preserved (3.7.2.a). o The well-being of wildlife species of economic importance should be actively monitored and protected (3.7.2.b). o The well-being of wildlife species of less economic importance and those on the rare and endangered species list should be actively monitored and protected (3.7.2.c). o Development in areas critical to the continued well-being of Eagle County’s wildlife populations should not be allowed (3.7.3.d). o Wildlife friendly measures should be incorporated into the design of individual home sites and neighborhoods (3.7.5.g). o Development and development patterns should preserve landscapes that include visual, historic, and archeological value (3.8.3.c). o A variety of approaches should be utilized to preserve land as open space, including conservation easements and the transfer of development rights. o Open space should be able to serve different needs in different applications; and promote the benefits of conservation easements to area ranchers (3.8.4). DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Baseline Documentation Report Berry Creek – Miller Ranch Open Space June 17, 2011 11 Rare Earth Science, LLC 5 RECREATION The trails on the property are popular walking paths used by residents of the area. The trails provide a passive recreation opportunity in a natural and scenic setting close to an area with relatively high housing density. Several people were walking the trails at the time of the baseline field visit (for example, Photopoint 10, looking east-by-northeast). Under the conservation easement, Eagle County will continue to manage the property as public open space and provide for the use of its trails. Foot path access to the riverbank for fishing and non-motorized boating access will be permitted. 6 RELATIVELY NATURAL HABITAT The property features relatively natural habitat conservation values (see Section 1.4 for a summary of the property’s conservation values). The property’s natural riparian corridor, wetlands, montane meadows, and shrublands provide important relatively natural habitat and habitat linkages for wildlife in the area. Surface water resources and vegetation communities on the property are described in Sections 2.4 and 2.5 of this report. The locations of surface water resources and vegetation communities are shown on Figure 6. The appearance of the property’s relatively natural habitat is depicted in documentary photographs following the main text of this report. Documentary photographs were taken at the photopoints shown on Figure 3. The ranges of selected wildlife species are mapped, relative to the property, on Figure 6. The GPS coordinates of the photopoints are included on Figure 3. 6.1 Habitat for Threatened, Endangered, or Special Concern Species Threatened, endangered, or special concern species known to occur or with the potential to occur on the property based on documented ranges and habitat requirements are described below. It is important to note that it was not within the scope of this report to conduct a comprehensive survey for threatened, endangered, or special concern species during the baseline field visit. Threatened, endangered, or special concern animal species described below are either known by the grantee to occur on the property or are expected to occur based on documented nearby occurrences and presence of suitable habitat on the property.  Bald eagle. Although the bald eagle was removed from the federal threatened and endangered species list in June 2007, the federal government will continue to monitor its recovery under the U.S. Endangered Species Act at least through the year 2012.The bald eagle is listed as a State of Colorado Species of Concern (CDOW 2011). The grantor has observed bald eagles on and near the property, where they prey on fish, rodents and carrion. The property lies near bald eagle winter range and winter foraging range mapped by CDOW (Figure 6). The property features tall deciduous trees that provide good roosts for bald eagles and other raptors.  North American river otter, recognized as threatened and protected under the Colorado Nongame, Threatened, or Endangered Species Conservation Act, may find suitable habitat on the property. A pair of river otters requires approximately 1.5 to 8 miles of stream or shoreline depending on prey resources, and stream flow of at least 50 cfs (Boyle 2006). Other requirements are food resources (fish, small mammals), good water quality, riparian vegetation providing at least 50 percent cover along banks, and other cover in or along streams such as woody debris or boulders (Boyle 2006). Bank stability DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Baseline Documentation Report Berry Creek – Miller Ranch Open Space June 17, 2011 12 Rare Earth Science, LLC and maintenance of floodplain structure provide opportunities for denning. The property provides good hunting and denning habitat for river otter. The property lies within CDOW-mapped range of river otter (Figure 6). River otters have been observed in the vicinity of the property recently (Heide, pers. comm), and should find plentiful prey in the property’s riparian corridor (i.e., fishes, beaver, and other small rodents).  Northern leopard frog. The property features excellent breeding habitat for the northern leopard frog in the Eagle River and June Creek corridors, beaver ponds, and wetlands. This widely distributed amphibian has become scarce in some areas of Colorado leading to its recognition as a Species of Concern by the State of Colorado (CDOW 2011). In low elevation areas in western Colorado, the leopard frog can be displaced by non- native bullfrogs or decimated by non-native predatory fishes (Hammerson 1999). In higher elevation areas, the decreases in abundance of these frogs are largely unexplained. Although no leopard frogs were observed on the property during the baseline field visit, many northern leopard frog occurrences have been documented in the vicinity of the property (CNHP 2010). 6.2 Big Game Habitat The property lies within the overall ranges of game species including mule deer, American elk, mountain lion, and black bear, all big game species that are of economic importance to Eagle County and the State of Colorado, and that contribute significantly to the biodiversity of the region.  American elk. The property lies within overall range of American elk and is mapped as elk winter range by CDOW (Figure 6). Elk find good security in the property’s forested riparian corridor and good forage in its meadows and shrublands. Elk and other big game species contribute significantly to the biodiversity of the region and are of economic importance to Eagle County: approximately 45,000 elk were harvested by hunters in Colorado in 2008 (CDOW 2009), generating large revenues both directly and indirectly for the state (a total of 223,439 hunting licenses were issued). The quantity of elk winter range in the region is generally declining in part due to residential development at lower elevations in areas (especially agricultural valleys) that contain the most productive big game winter range. The conservation easement on the property will benefit big game by maintaining and buffering open space in and near their winter range. Maintaining the property as open space has become more important to sustaining the local elk herd because a recently erected big game fence along the I-70 corridor has effectively cut off access to elk range to the north. According to the local CDOW wildlife manager, the property is among the last strongholds of good-quality bottomland winter range in this portion of the valley. Elk are regularly present on the property during winter months.  Mule deer. The property lies within CDOW-mapped mule deer summer range and just south of mule deer winter range (Figure 6). Deer and other big game species are of economic importance to Eagle County, and contribute significantly to the biodiversity of the region. Deer find good forage in the property’s riparian forests and meadows.  Black bear. The property lies within the overall range of black bear. The black bear is a wide-roaming species with a relatively large territory size requirement. Black bear are most likely to occur on the property during fall as they move out of higher elevation DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Baseline Documentation Report Berry Creek – Miller Ranch Open Space June 17, 2011 13 Rare Earth Science, LLC habitat looking for shrub nuts and fruits to forage, especially in mesic drainages and riparian areas. The property is mapped within a large human-bear conflict area (Figure 6). The conservation easement will help guarantee that the property will continue to provide security and a movement corridor for black bears in the region.  Mountain lion. The property lies within the overall range of mountain lion, a wide-roaming species with a relatively large territory size requirement. Mountain lion can be expected to occur on the property occasionally, following the movements of mule deer, their primary prey species. The property is mapped within a large human-mountain lion conflict area (Figure 6). The conservation easement will help guarantee that the property will continue to provide security and a movement corridor for lions in the region. 6.3 Habitat for Other Wildlife The property provides habitat or habitat linkages for small animals with large home ranges moving across the surrounding landscape. The riparian corridor on the property provides nesting and/or foraging habitat to a variety of migratory songbirds, shorebirds, and waterfowl. Great blue herons forage regularly along the riparian corridor of the Eagle River on the property for fish and amphibians. Eagle River supports a healthy trout fishery, featuring primarily rainbow trout and German brown trout, both non-native sport fish. The property lies within the historic range of the native Colorado cutthroat trout, which has been largely decimated in the region due to competition with and predation by non-native trout. Beavers have been historically and recently active on the property. A small beaver pond complex is present in the west central part of the property (Figure 4; Photopoints 5 and 6). Beaver activity may be temporary or episodic on the property. Raptors such as golden eagle, red-tailed hawk, northern harrier, rough-legged hawk, great- horned owl, and American kestrel are expected to be fairly common (year-round or seasonally) in the area and across the property as they hunt for abundant small prey. Other small mammals such as coyote, red fox, bobcat, badger, striped skunk, Western spotted skunk, raccoon, ringtail, cottontail, jackrabbit, porcupine, squirrels, chipmunks, mice, voles, and shrews are known or expected to inhabit or visit the property and utilize its habitat types. Several bat species are expected to occur as seasonal migrants or visitors on the property, finding suitable day roosts in the property’s woodlands. Reptiles and amphibians anticipated to occur on the property are western terrestrial garter snake, bull snake, sagebrush lizard, plateau striped whiptail, chorus frog, Woodhouse’s toad, and tiger salamander. 7 REFERENCES Andrews, R. and R. Righter. 1992. Colorado Birds. Denver: Denver Museum of Natural History. 442 pp. Bailey, A. M. and R. J. Niedrach. 1965. Birds of Colorado, Volumes I & II. Denver: Denver Museum of Natural History. DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Baseline Documentation Report Berry Creek – Miller Ranch Open Space June 17, 2011 14 Rare Earth Science, LLC Boyle, S. (2006). North American River Otter (Lontra canadensis): a technical conservation assessment. [Online]. USDA Forest Service, Rocky Mountain Region. Available: http://www.fs.fed.us/r2/projects/scp/assessments/northamericanriverotter.pdf [accessed on June 29, 2010]. CDOW (Colorado Division of Wildlife). 2006. Colorado’s Comprehensive Wildlife Conservation Strategy and Wildlife Conservation Plans. Denver: Colorado Division of Wildlife. CDOW. 2011. Species of Concern. Accessed on May 20 at http://wildlife.state.co.us/WildlifeSpecies/SpeciesOfConcern/. CDOW. 2009. 2008 Elk Harvest, Hunters and Recreation Days for All Manners of Take. Viewed at http://wildlife.state.co.us/NR/rdonlyres/3C2041AE-F08C-4AEF-BB6F- 5084BE4622EA/0/2008StatewideElkHarvest.pdf. CNHP (Colorado Natural Heritage Program). 2010. State-wide list of tracked species and communities. Accessed at http://www.cnhp.colostate.edu/ Co. Dept. of Agriculture. 2011. Eagle County Noxious Weed List, accessed June 16 at http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheader=application%2Fpdf&blobk ey=id&blobtable=MungoBlobs&blobwhere=1251703045130&ssbinary=true. CWMA (Colorado Weed Management Association). 2004. Troublesome Weeds of the Rocky Mountain West. 8th Edition. Fitzgerald, J.P., C.A. Meaney, D.M. Armstrong. 1994. Mammals of Colorado. Niwot, Colorado: Univ. Press of Co. 467 pp. Hamilton, J.E. 2008. Conservation Easement Drafting and Documentation. 1st Edition. Washington D.C.: Land Trust Alliance. 324 pp. Hammerson, G.A. 1999. Amphibians & Reptiles in Colorado. 2nd Ed. Boulder: Univ. Press of Colorado. 484 pp. Kingery, H.E. (Editor). 1998. Colorado Breeding Bird Atlas. Denver: Co. Bird Atlas Partnership & Co. Division of Wildlife. 636 pp. Knopf, F. L. 1989. Riparian wildlife habitats: more, worth less, and under invasion. Pp. 20-22 In: Mutz, K., Cooper, D., Scott, M. and Miller, L., editors. Restoration, creation, and management of wetland and riparian ecosystems in the American West. Society of Wetland Scientists, Rocky Mountain Chapter, Boulder, CO. Righter, R., R. Levad, C. Dexter, and K. Potter. 2004. Birds of Western Colorado Plateau and Mesa Country. Grand Junction: Grand Valley Audubon Society. 214 pp. Sauer, J. R., J. E. Hines, and J. Fallon. 2008. The North American Breeding Bird Survey, Results and Analysis 1966 - 2007. USGS Patuxent Wildlife Research Center, Laurel, MD. Available at http://www.pwrc.usgs.gov/BBS/about/. USGS (U.S. Geological Survey). 2011. National Water Information System: Web Interface. At http://nwis.waterdata.usgs.gov/co/nwis/peak/. DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Baseline Documentation Report Berry Creek – Miller Ranch Open Space June 17, 2011 15 Rare Earth Science, LLC Weber, William A. and Ronald C. Wittmann. 2001. Colorado Flora: Western Slope. Third Ed. Boulder: University of Colorado Press. Whitson, T.D. (Ed.) 2000. Weeds of the West. Ninth Ed. Newark: The Western Society of Weed Science, University of Wyoming, & Western U.S. Land Grant Universities Cooperative Extension Services. Yuhas, R. H. 1996. National Water Summary on Wetland Resources: Loss of Wetlands in the Southwestern United States. U.S. Geological Survey Water-Supply Paper 2425. DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Baseline Documentation Report Berry Creek – Miller Ranch Open Space June 17, 2011 Rare Earth Science, LLC FIGURES DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 70 EDWARDS 6 AVON Date: June 2011 DRAWN BY: D. Reeder PO Box 1245 Paonia, Colorado 81428 (970) 527-8445 FIGURE1 dawn@rareearthscience.com REGIONAL & LOCALLOCATOR MAPS Berry Creek - Miller Ranch Open Space Conserved private property White River National Forest BLM land Highway State of Colorado EDWARDS Grand Junction Denver ColoradoSprings USGS 1:100,000 Topographic Map Portion of Eagle County, Colorado, Mosaic Approximate Scale 1 inch = 1.6 milesAll Locations Approximate BERRY CREEK - MILLER RANCH OPEN SPACEBASELINE DOCUMENTATION REPORTEagle County, Colorado DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 70 6 Date: June 2011 DRAWN BY: D. Reeder PO Box 1245 Paonia, Colorado 81428 (970) 527-8445 FIGURE2 dawn@rareearthscience.com TOPOGRAPHIC MAP Berry Creek - Miller Ranch Open SpaceUSGS 7.5-Minute Topographic Quad Portion of Eagle County, Colorado, Mosaic Approximate Scale 1 inch = 750 feetAll Locations Approximate BERRY CREEK - MILLER RANCH OPEN SPACEBASELINE DOCUMENTATION REPORTEagle County, Colorado DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 70 6 23 24 9 87 651 2 3 4 2221 2019 18 17 1615 14 1312 11 10 Berry Creek - Miller Ranch Open Space Photopoint location Direction of photo(s) National Agricultural Imagery Program (2009) Portion of Eagle County, Colorado, Mosaic Approximate Scale 1 inch = 500 feetAll Locations Approximate 3BERRY CREEK - MILLER RANCH OPEN SPACEBASELINE DOCUMENTATION REPORTEagle County, Colorado AERIAL PHOTOGRAPH& PHOTOPOINT LOCATIONS PO Box 1245 Paonia, Colorado 81428 (970) 527-8445dawn@rareearthscience.com FIGURE DRAWN BY: D. Reeder Date: June 2011 PPT X Y1 365103.4 4388983.02 365119.6 4388945.73 365134.0 4388972.94 365265.1 4388989.35 365428.0 4388950.86 365461.2 4388964.87 365601.1 4389031.18 365648.6 4389013.29 365698.0 4388989.810 365767.4 4389006.411 365769.6 4388998.512 365709.7 4389031.813 366001.5 4389040.114 366034.7 4389089.115 365997.0 4389134.916 366072.9 4389133.017 366058.4 4389055.418 366055.1 4389025.819 366137.2 4389146.020 366183.9 4389162.121 366447.6 4389179.422 366505.3 4389155.023 366197.1 4389259.824 365713.2 4389255.0 Coordinates for Photopointsin UTM NAD 83 Zome 13 Datum DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 70 6 Wetland to be closed to public accessArea of beaver pond complex Area of old scrap metal rip-rap placement Berry Creek - Miller Ranch Open Space June Creek USGS 7.5-Minute Topographic Quad Portion of Eagle County, Colorado, Mosaic Approximate Scale 1 inch = 500 feetAll Locations Approximate 4BERRY CREEK - MILLER RANCH OPEN SPACEBASELINE DOCUMENTATION REPORTEagle County, Colorado IMPROVEMENTS& VEGETATION COMMUNITIES PO Box 1245 Paonia, Colorado 81428 (970) 527-8445dawn@rareearthscience.com FIGURE DRAWN BY: D. Reeder Date: June 2011 Improvements Fence Irrigation ditch (Howard Ditch) Main trail Social trail slated for closure Railroad alignment Origins of social spur trails to river bank Vegetation Communities Graminoid wetland Montane meadow Montane shrubland Open water / river bed Riparian forested Riparian shrubland DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 6 120 108 13 107 105 108 107 108 105 106 Berry Creek - Miller Ranch Open SpaceNational Agricultural Imagery Program (2009) Portion of Eagle County, Colorado, Mosaic Approximate Scale 1 inch = 500 feetAll Locations Approximate 5BERRY CREEK - MILLER RANCH OPEN SPACEBASELINE DOCUMENTATION REPORTEagle County, Colorado SOILS MAP PO Box 1245 Paonia, Colorado 81428 (970) 527-8445dawn@rareearthscience.com FIGURE DRAWN BY: D. Reeder Date: June 2011 105, Torriorthents-Rock outcrop complex, 45 to 95 percent slopes 106, Tridell-Brownsto stony sandy loams, 12 to 50 percent slopes, extremely stony 107, Uracca, moist-Mergel complex, 1 to 6 percent slopes, extremely s 108, Uracca, moist-Mergel complex, 6 to 12 percent slopes, extremely 120, Water 13, Atencio-Azeltine complex, 3 to 6 percent slopes 6, Almy loam, 1 to 12 percent slopes Soils mapping from U.S. Department of Agriculture, Natural Resources Conservation Service, Soil Survey Geographic (SSURGO) database for Aspen-Gypsum, Parts of Eagle, Garfield and Pitkin Counties, Colorado, (2004; dataset co655), accessed at http://SoilDataMart.nrcs.usda.gov/. DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Black Bear & Mountain Lion Property Black bear overall range (entire map area) Black bear-human conflict area Mountain lion overall range (entire map area) Mountain lion - human conflict area Mule Deer & Moose Property Mule deer winter range Mule deer summer range (entire map area) Mule deer winter concentration area Mule deer severe winter range Mule deer highway crossing area Moose overall range American Elk Property Summer range Production area Winter range Winter concentration area Severe winter range Highway crossing Bald Eagle, Heron, & Otter Property River otter overall range Great blue heron foraging area Bald eagle winter forage area Bald eagle winter range Wildlife ranges from Colorado Division of Wildlife Colorado Species Distribution Mapping available at http://ndis.nrel.colostate.edu/ftp/index.html 0 1 20.5 Miles 6BERRY CREEK - MILLER RANCH OPEN SPACEBASELINE DOCUMENTATION REPORTEagle County, Colorado WILDLIFE RANGE MAPS PO Box 1245 Paonia, Colorado 81428 (970) 527-8445dawn@rareearthscience.com FIGURE DRAWN BY: D. Reeder Date: June 2011 Bald Eagle, Heron, & Otter Property River otter overall range Bald eagle winter forage area Bald eagle winter range Great blue heron foraging area DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Baseline Documentation Report Berry Creek – Miller Ranch Open Space June 17, 2011 Rare Earth Science, LLC DOCUMENTARY PHOTOGRAPHS (Keyed to Figure 3) DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Photopoint 1. Panorama looking east-by-northeast through south-by-southeast (left to right) from Miller Ranch Road near northwest property corner. North boundary fence and main trail (service road) access to property visible on the left. On the right is Miller Ranch Road and the bridge over Eagle River (6/1/11). Photopoint 3. Looking north-by-northwest at storm drain structure on west property boundary (6/1/11). Photopoint 2. Looking east-by-northeast at Eagle River from the Miller Ranch Road bridge, just west of the west property boundary (6/1/11). Berry Creek - Miller Ranch Open Space Conservation Easement Baseline Documentation Report DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Photopoint 4. Looking east-by-southeast through west-by-southwest (left to right) at Eagle River and residential development on south side of Eagle River from main trail / access road (6/1/11). Photopoint 4. Looking west at main trail / service road in west part of property (6/1/11). Photopoint 4. Looking east at main trail / service road in west part of property (6/1/11). Berry Creek - Miller Ranch Open Space Conservation Easement Baseline Documentation Report DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Photopoint 5. Panorama looking east through south (left to right) at beaver pond complex in west part of property (6/1/11). Photopoint 6. pond complex in west part of property; food cache visible on the right (6/1/11). Panorama looking southeast through west-by-southwest (left to right) at beaver Berry Creek - Miller Ranch Open Space Conservation Easement Baseline Documentation Report DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Photopoint 7. Panorama looking northeast through southeast (left to right) from main trail / service road on property at montane shrubland. Fence on left is north boundary fence (6/1/11). Photopoint 7. Panorama looking southeast through west-by-southwest (left to right) from main trail / service road on property at montane shrubland. Beaver Creek ski area visible in the distance on the left (6/1/11). Berry Creek - Miller Ranch Open Space Conservation Easement Baseline Documentation Report DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Photopoint 8. Panorama looking east through southwest (left to right) across the graminoid wetland in the west part of property (6/1/11). Photopoint 9. Panorama looking southwest through north-by-northwest (left to right) across the graminoid wetland in the west part of property (6/1/11). Berry Creek - Miller Ranch Open Space Conservation Easement Baseline Documentation Report DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Photopoint 11. Looking south at example of one of several short social trails spurs leading to the riverbank from the main trail (6/1/11). Photopoint 10. (lower loop area) in the central part of the property (6/1/11). Looking east-by-northeast at hikers enjoying main trail Photopoint 10. Looking west-by-southwest at trail leading to graminoid wetland area, to be closed to the public to protect the wetland (6/1/11). Photopoint 10. Looking northwest at main trail (lower loop) in central part of property (6/1/11). Berry Creek - Miller Ranch Open Space Conservation Easement Baseline Documentation Report DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Photopoint 12. Panorama looking east-by-southeast through west-by-southwest (left to right) at overview of montane shrubland, forested riparian, montane meadow, and wetland vegetation communities in central part of property (6/1/11). Photopoint 13. Panorama looking southwest through northwest (left to right) at main trail (lower loop area) through forested riparian corridor (6/1/11). Berry Creek - Miller Ranch Open Space Conservation Easement Baseline Documentation Report DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Photopoint 14. Panorama looking south-by-southwest through northwest (left to right) from main trail (lower loop area just west of June Creek) at forested riparian and montane meadow communities. Vehicle visible on far right is traveling on main trail / service road (6/1/11). Photopoint 15. Panorama looking east-by-northeast through west-by-southwest (left to right) from where Howard Ditch exits north property boundary; brush piles and earth work the result of recent ditch clearing (6/1/11). Berry Creek - Miller Ranch Open Space Conservation Easement Baseline Documentation Report DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Photopoint 16. Looking north-by-northeast from main trail /service road at Howard Ditch (in suspended pipe) crossing of June Creek (6/1/11). Photopoint 16. Looking northeast at main trail /service road from culvert crossing of June Creek (6/1/11). Photopoint 17. Looking northeast at montane shrubland with disturbed ground surface east of June Creek (6/1/11). Photopoint 17. east side of corridor (6/1/11). Looking north-by-northeast at June Creek corridor from Berry Creek - Miller Ranch Open Space Conservation Easement Baseline Documentation Report DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Photopoint 18. Looking west-by-southwest at confluence of June Creek and Eagle River; June Creek entering on the right (6/1/11). Photopoint 19. Looking south-by-southwest at growth of cottonwood saplings (typical) in riparian corridor and evidence of beaver activity (6/1/11). Photopoint 20. Panorama looking southeast through west-by-southwest (left to right) at riverbend area north of small island, which was mostly submerged when this photo was taken (6/1/11). Berry Creek - Miller Ranch Open Space Conservation Easement Baseline Documentation Report DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Photopoint 21. Looking east (upstream) at main trail / service road and north bank of Eagle River with scrap metal rip rap (6/1/11). Photopoint 21. Looking west (downstream) at main trail / service road and north bank of Eagle River with scrap metal rip rap (6/1/11). Photopoint 22. Looking west from gate on east property boundary; drain culvert and old Howard ditch flume debris off property to the right (6/1/11). Photopoint 22. main trail / service road (6/1/11). Looking south at east property boundary fence from Berry Creek - Miller Ranch Open Space Conservation Easement Baseline Documentation Report DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1 Photopoint 23. Panorama looking east through west (left to right) at overview of property from shoulder of east-bound I-70; property lies between the railroad track and the river with scenic mountain view beyond (6/1/11). Photopoint 24. property lies between the railroad track in middle distance and the cottonwood riparian corridor of Eagle River with scenic mountain view beyond (6/1/11). Panorama looking east through southwest (left to right) at overview of property from shoulder of east-bound I-70; Berry Creek - Miller Ranch Open Space Conservation Easement Baseline Documentation Report DocuSign Envelope ID: 4BD6226B-862C-41F6-9FB2-6019B416A3A1