No preview available
HomeMy WebLinkAboutC23-212 Gerard Brothers Partnership_Open Space LeaseAMENDED AND RESTATED LEASE AND AGRICULTURAL MANAGEMENT AGREEMENT FOR BRUSH CREEK VALLEY RANCH AND OPEN SPACE BETWEEN EAGLE COUNTY, COLORADO AND GERARD BROTHERS PARTNERSHIP LLLP DBA GERARD FAMILY RANCH THIS AMENDED AND RESTATED LEASE AGREEMENT (“Agreement”) is entered into effective as of June 1, 2023 by and between Eagle County, Colorado, a body corporate and politic, by and through its Board of County Commissioners, hereinafter “Landlord” or “County” and Gerard Brothers Partnership LLLP dba Gerard Family Ranch, hereinafter “Tenant” or “Manager”. Landlord and Tenant shall each individually be referred to as a “Party” and shall jointly be referred to as the “Parties”. RECITALS WHEREAS, in 2017 County, through its Open Space Program acquired certain real property, lying and situated in Eagle County, Colorado, known as the Brush Creek Valley Ranch and Open Space that is more fully described and depicted on Exhibit A which is attached hereto and incorporated herein by reference (the “BCVROS”); and WHEREAS, throughout 2018 County conducted a management planning process which contemplated each of the conservation values and resulted in actions to address habitat management, agricultural and ranch management, recreation, public access and use, and the formal adoption of the Brush Creek Valley Ranch and Open Space Management Plan, which is attached hereto and incorporated herein as Exhibit B (the “Management Plan”); and WHEREAS, in 2020 County, through its Open Space Program acquired additional real property adjacent to the BCVROS that is more fully described and depicted on Exhibit A which is attached hereto and incorporated herein by reference (the “Ridgway Parcel”); and WHEREAS, BCVROS is protected by a conservation easement which is attached hereto as Exhibit C and such Conservation Easement was amended to incorporate and protect the Ridgway Parcel through a First Amendment to Deed and Conservation Easement, which is attached hereto and incorporated herein as Exhibit C (the “CE Amendment”); and WHEREAS, the County purchased BCVROS and the Ridgway Parcel due to their unique attributes and values. The Conservation Easement and CE Amendment identify the conservation values including (i) open space (scenic enjoyment, agriculture, significant public benefit); (ii) public recreation or education; and (iii) relatively natural habitat; and WHEREAS, BCVROS and the Ridgway Parcel contain important water rights and a viable agricultural operation and thoughtful management will provide opportunities for restoration of degraded areas, repairs to infrastructure and improved agricultural practices; and WHEREAS, in 2019 County issued a request for proposals for the lease and management of agricultural operations at BCVROS with the goal of identifying a future tenant that would operate and manage agricultural operations at BCVROS consistent with the Conservation Easement and Management Plan. After a review of proposals and multiple interviews and site visits, the Tenant was selected to lease DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 2 and manage agricultural operations at BCVROS due to its alignment with County’s objectives and goals; and WHEREAS, County and Tenant entered into a Lease and Agricultural Management Agreement with an effective date of December 17, 2019, amended by that certain First Amendment thereto with an effective date of August 18, 2020 and that certain Second Amendment thereto with an effective date of December 15, 2021 (collectively the “Amended Agreement") and entered into a License Agreement for the Ridgeway Parcel dated August 7, 2020; and WHEREAS, in 2021 the County conducted a similar management planning process for the Ridgway Property to adopt the Brush Creek Valley Ranch and Open Space Management Plan Supplement, which is attached hereto and incorporated herein as Exhibit B (the “MP Supplement”); and WHEREAS, the County desires to manage both the BCVROS and the Ridgeway parcels together, and will hereinafter collectively refer to both parcels as the BCVROS; and WHEREAS, pursuant to Section 34 of the Amended Agreement, Landlord and Tenant desire to amend and restate the Amended Agreement, to renew the Term of the Amended Agreement, and to further clarify their relationship and responsibilities related to the leased Property (defined below); and WHEREAS, Tenant is familiar with BCVROS and desires to enter into this Agreement so that Tenant can operate and manage agricultural operations on the leased Property (defined below) in accordance with the terms of this Agreement. AGREEMENT 1. Demise. County hereby leases to Tenant and Tenant hereby leases from County, that portion of BCVROS depicted on Exhibit D attached herein and consisting of approximately 799 acres together with any appurtenances and improvements thereon, including, but not limited to, the House and the Ranch Headquarters (defined below) (hereinafter the “Property”). The Parties may adjust the acreage of the Property upon mutual agreement of the Parties and in accordance with the Annual Operating Plan (defined below), up to a maximum of 981 acres. If any acreage is to be removed from or added to the Property, then such portion of the Property will be identified in writing and either removed from or added to this Agreement by an amendment hereto. In such event, Tenant’s Rent will be reduced or increased by sixteen dollars ($16.00) for each acre removed from or added to the Agreement. 2. Term. The term of this Agreement is seven (7) years, such term becoming effective on June 1, 2023 and ending at 12:00 a.m. midnight on May 31, 2030 unless terminated earlier as set forth herein (“Term”). Each period commencing on June 1 and ending on May 31 throughout the Term shall be referred to hereinafter referred to as a “Lease Year”. 3. Option to Extend the Term. Intentionally Omitted. 4. Potential Future Lease Area. Intentionally Omitted. 5. Rent. The rent (“Rent”) for the Property during the Term hereof is $16.00 per acre per Lease Year, payable in two equal installments on July 1 and January 1 of each Lease Year. For the first Lease DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 3 Year of the Term, Rent shall be $12,784 (799 acres x $16.00), payable in equal installments of $6,392 on July 1, 2023 and on January 1, 2024. Thereafter Rent shall be paid based on the acreage of the Property as it exists in each Lease Year, taking into account any adjustments permitted in Section 1 above. Rent shall be made payable to Eagle County and shall be delivered in person to the Eagle County Open Space Manager's Office located at 500 Broadway, Eagle, CO 81631 or mailed via United States Postal Service to Eagle County Open Space Program, Post Office Box 850, Eagle, CO 81631. Tenant shall not be entitled to withhold or offset the amount of Rent due hereunder, except as expressly set forth in this Agreement. In addition to the Rent, which is payable as set forth above, Tenant shall be responsible for operating and managing the Property as set forth herein. 6. Late Charge and Penalty. In the event any payment of Rent is not made within five (5) days after the date any payment is due, Tenant shall pay Landlord a late charge in the amount of One hundred Dollars ($100.00), as an additional payment. The Tenant also agrees to pay the Landlord an additional charge of Fifty Dollars ($50.00) for each returned check and if any check is returned Landlord has the right to require that all payments be made by money order, cashier’s check and/or certified check. No acceptance by Landlord of a partial payment of Rent shall prohibit Landlord from pursing Landlord’s remedies under paragraph 26. 7. Security Deposit. Tenant has deposited with Landlord and Landlord will hold during the Term, the sum of Five Thousand Dollars ($5,000) (the “Deposit”). The Deposit shall be retained by Landlord as security for the payment by Tenant of the Rent and for the timely performance by Tenant of Tenant’s covenants and obligations under this Agreement. If at any time Tenant defaults in the payment of Rent or any other obligations under this Agreement, Landlord shall have the right to use the Deposit in payment of Rent or other obligation. Landlord shall further have the right to use the Deposit in payment of any cleaning and repair of the House (defined below) if the House is not left in the condition required by paragraph 28. However, in no event shall Landlord’s use of the Deposit release Tenant from any liability for the difference between the actual damage or loss of Rent sustained by Landlord from any liability or default on the part of Tenant and the amount of the Deposit held by Landlord. At no time shall Tenant be entitled to use the Deposit in lieu of payment of Rent. In the event that prior to Tenant’s surrender of the Property Landlord applies any portion of the Deposit as permitted by this paragraph, Tenant shall replace the amount of the Deposit so applied upon written demand by Landlord. Unless otherwise required by applicable law, Landlord shall refund any unused portion of the Deposit to Tenant, without interest, together with a written account of any portion retained no later than sixty (60) days after Tenant’s surrender of the Property. Landlord shall mail the written statement and any refund of the Deposit to Tenant at Tenant’s last known address. 8. Use of the Property. a. Tenant shall use and occupy the Property exclusively for agricultural operations and all activities involved in a working ranch, including but not limited to irrigating the Property, hay production, grazing livestock and horses, and production and removal of crops from DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 4 the Property. All operations by Tenant must be consistent with the Conservation Easement, CE Amendment, Management Plan and MP Supplemental, Annual Operating Plan, and any additional plans developed during the Term, and as more fully set forth in this Agreement. b. The "Ranch Headquarters" is an approximately twenty (20) acre area located on the Property and includes the House, barn, corral, areas for hay storage and the like. The Ranch Headquarters is depicted on Exhibit D. The Ranch Headquarters shall be used to support the agricultural operations identified in paragraph 8.a. above. c. Tenant shall use the single-family house located at 4381 Brush Creek Road, Eagle, Colorado (the "House") solely for residential purposes during the Term of this Agreement unless earlier terminated as set forth herein. The House is located on the Property and within the Ranch Headquarters. 9. House. The Parties agree as follows with respect to the House: a. The House shall be used and occupied as a private family dwelling. The House shall be occupied by Tenant or a member of Tenant's immediate family that is actively engaged in the management of the Property or to house a ranch hand and his or her family in the house, with advance permission from Landlord. Tenant shall be solely responsible for ensuring authorized occupants of the House comply with this Agreement. No part of the House shall be used at any time during the Term of this Agreement to carry on any business, profession, or trade of any kind, or for any purpose other than as a private family dwelling. b. Tenant or its authorized ranch hand shall not allow any other person, other than immediate family or transient relatives and friends who are guests of Tenant or its authorized ranch hand, to use or occupy the Premises for a period of more than fourteen (14) consecutive days without first obtaining Landlord's consent to such use. c. Tenant shall keep the House in habitable condition and shall not make any alterations or additions to the House without Landlord's prior written approval, which approval may be withheld in Landlord's sole discretion. d. Tenant shall be entitled to have up to but no more than three (3) dogs in the House. e. Tenant shall keep the House in good, clean and sanitary condition and appearance, free from dirt, filth, waste, or any dangerous materials or objectionable odors. f. Tenant shall not change or alter the locks for the House without Landlord's prior written approval and Landlord shall provide Tenant with a set of keys to the House. g. Tenant shall not commit, permit or suffer any objectionable or disorderly conduct, noise or nuisance whatsoever in the House or on the Property. DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 5 h. Tenant represents and warrants that Tenant has examined the House and that at the time of entering into this Agreement, the same is in good order, repair, and in a safe, clean and habitable condition. 10. Utilities Associated with the House and Property. The Tenant shall place and maintain all separately metered or billed utilities in the Tenant's name effective on or prior to the commencement of the Agreement, and shall timely pay all such utility bills during the of this Agreement, as bills become due. The costs of the utilities shall not offset any Rent payable hereunder. Utilities include without limitation, electricity, fuel, oil, gas, telephone, trash collection, snow plowing, lawn mowing, water, sewer and septic service, cable or satellite television, internet connection fees and any other such services associated with the Tenant's use and management of the Property and House. Tenant acknowledges that Landlord is not responsible for interruptions in service provided by any utility serving the Property, nor shall any such interruptions result in an abatement of the Rent payable hereunder. 11. Repair and Maintenance. On or before April 15 of each Lease Year of the Term, of this Agreement, Tenant and Landlord shall meet at the Property and shall tour the Property, House, Buildings, structures and Ranch Headquarters to identify necessary and mutually agreed upon items for repair, maintenance or capital improvement. Items identified shall be included in the Annual Operating Plan (defined below). The Parties agree that some items identified for repair, maintenance or capital improvement may occur over a year or years. Tenant shall perform those repair and maintenance items identified and mutually agreed upon by Landlord and Tenant within the time frame established for each item. Landlord shall perform those capital items identified subject to Landlord identifying funding and grants in its sole discretion. Examples of capital repairs include repair to exterior walls, floors, ceilings, wiring, plumbing, interior walls, fixtures, windows, and appliances except to the extent any of the foregoing are damaged by Tenant, in which event Tenant shall have the obligation to promptly repair such damage as set forth in paragraph 17. Upon expiration or termination of this Agreement, Tenant shall deliver the House and buildings located on the Property to Landlord in the condition required by paragraph 28. a. Tenant is responsible for routine maintenance such as lawn mowing, pruning shrubbery and tree trimming in the Ranch Headquarters. b. Tenant is responsible for controlling noxious weeds in the Ranch Headquarters. Tenant shall seek prior written approval from Landlord concerning its preferred method to control noxious weeds in the Ranch Headquarters. Tenant shall maintain records of where and how weeds in the Ranch Headquarters are treated on an annual basis and shall supply the same to Landlord upon request. c. Tenant shall not deliberately or negligently destroy, deface, damage, impair or remove any part of the House or other buildings located on the Property, nor permit any person to do so. The Tenant shall pay for any DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 6 repairs or replacements made necessary due to deliberate or negligent acts of the Tenant, Tenant's family, guests, invitees, employees or pets as set forth in paragraph 17. d. Tenant shall maintain the House and other buildings located on the Property in a clean and sanitary condition and will dispose of all trash, garbage and waste in appropriate and required receptacles. e. Tenant shall use and operate all appliances, equipment and systems in the House and located within the Ranch Headquarters in a safe and reasonable manner and so as not to overload any system. In the event the plumbing at the House is frozen or obstructed due to the negligence of the Tenant, Tenant's family, employees, guests or invitees, the Tenant shall immediately repair the frozen pipes or clear such obstruction and shall pay all costs associated with repair of frozen pipes or clearing of such obstruction and any additional costs associated with repair (i.e., drywall, carpets, etc.). f. Tenant shall furnish and replace all light bulbs, fuses and filters in the House and buildings in the Ranch Headquarters as needed and will change furnace filters at least once every six (6) months. g. Tenant shall be responsible for clearing stoppage of all drains and toilets in the House; and maintenance of all carpeting and flooring in a clean and good condition; and replacement and payment for glass and screen breakage. h. Tenant shall be responsible for removing ice and snow from all walks, steps and drives; maintaining exterior gutters, drains and grounds free of leaves and other debris within the Ranch Headquarters. i. Tenant shall be responsible for reporting to Landlord any defect, damage, or breakage of any improvements in the House or other buildings located within the Ranch Headquarters. Failure to report shall make the Tenant liable for the repair of any additional damage. This provision does not obligate the Landlord to repair or correct such defects, breakage, malfunction or damage. j. Tenant shall be responsible for control and elimination of household pests including roaches and rodents from the House or buildings within the Ranch Headquarters. DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 7 k. Tenant shall not remodel, make any structural change, alteration, addition, or decoration, including painting to the House or any building or new improvement on the Property without Landlord's prior written consent. Any and all alterations, changes, and/or improvements built, constructed or placed on the Property by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Property at the expiration or earlier termination of this Agreement. l. Tenant shall not install, attach, remove or exchange appliances or equipment such as air conditioning, heating, refrigeration, TV antennas, wood burning stoves, fireplace inserts or kerosene heaters in the House or other buildings within the Ranch Headquarters without the Landlord's prior written consent. m. Tenant shall not change or alter the locks for any building or gate located on the Property without Landlord's prior written approval. n. Tenant shall be responsible for maintenance and pumping of the septic system associated with the House on an as-needed basis. 12. Personal Property. Tenant acknowledges that the House is unfurnished and Tenant shall be responsible for furnishing the same. Tenant acknowledges and agrees that Landlord shall not be liable for any damage or loss suffered to the personal property of Tenant, Tenant's family, employees, guests or invitees located on the Property or Tenant's interest in the Property which may arise by theft or any fire, explosion, leakage of water into the House or any building located on the Property, or from any other casualty, act of vandalism, act of God or other similar event. In all respects, Tenant, Tenant's family, guests and invitees assume all risk of damage to their personal property or other property interests of Tenant. Tenant shall maintain renter's insurance at its sole cost and expense. 13. Management of the Property. Landlord is entering into this Agreement in reliance upon the expertise of Tenant as a ranch manager. Tenant shall manage the Property in accordance with the following at its sole cost and expense, unless otherwise set forth herein: a. Conservation Easement. It is a condition and requirement of this Agreement that Tenant comply with the terms of the Conservation Easement and CE Amendment and manage the Property in accordance therewith at all times during the Term of this Agreement. b. Management Plan. It is a condition and requirement of this Agreement that Tenant comply with the terms of the Management Plan and MP Supplement as amended from time to time and will and manage the Property in accordance therewith at all times during the Term of this Agreement. DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 8 c. Agricultural Use. Tenant shall manage and operate the Property for agricultural purposes as set forth in this Agreement. Agricultural production shall continue during the Term in accordance with accepted best agricultural practices and the Annual Operating Plan (defined below). d. Annual Operating Plan. On or before June 1 of each Lease Year of the Term, if any, the Parties shall meet to visit the Property and to discuss operations for the coming year. Landlord will prepare an Annual Operating Plan with input from the Tenant (the “Annual Operating Plan” or “Plan”) on or before May 15 of each Lease Year of the Term. The Plan will establish specific timelines, protocols, and procedures for effective operation of the Property. Tenant must comply with the requirements and recommendations set forth in the Plan, as may be amended by mutual agreement of the Parties. The Plan will be evaluated at least annually but nothing herein shall preclude the Parties from meeting and amending the Plan more frequently as mutually agreed. Any Annual Operating Plan or amendments to the Plan shall be set forth in writing by Landlord and will be signed by each Party, and the same shall become a part of this Agreement. For purposes of approving or amending the Annual Operating Plan, the County Manager shall have authority to approve in writing such approval or amendments on behalf of the Landlord, without an amendment to this Agreement. Tenant understands and agrees that failure to abide by the terms of the Plan may be grounds for termination of this Agreement, as provided for in Paragraph 26 in the Landlord’s sole discretion. The Annual Operating Plan for the period from June 1, 2023 through May 31, 2024 is attached hereto and incorporated herein as Exhibit E and the same is acceptable to each Party. Any amendments to the Annual Operating Plan will be provided to the Tenant and incorporated herein as Exhibit E. e. Weed Control. Landlord and Tenant have developed a Weed/Vegetation Management Plan (the “Weed Management Plan”) for the Property and the it will be utilized in coordination with the County Vegetation Stewardship Supervisor. A copy of the Weed Management Plan is attached hereto as Exhibit F. The Weed Management Plan will be reviewed each Lease Year during the Term, at the same time the Annual Operating Plan is reviewed. The Weed Management Plan shall be amended in writing as mutually agreed upon by the Parties, and the same shall become a part of this Agreement. For purposes of approving or amending the Weed Management Plan, the County Manager shall have authority to approve in writing such approval or amendments on behalf of the Landlord, without an amendment to this Agreement. Any amendments to the Weed Management Plan will be provided to the Tenant and incorporated herein as Exhibit F. Landlord and Tenant acknowledge that weed mitigation is a priority for the Property and that Tenant shall maintain the Property in a manner that controls the spread of noxious weeds as defined in the Colorado Noxious Weed Act and in accordance with the Weed Management Plan. Control methods may include herbicide applications, mechanical control, and biological controls all of which must be approved in advance by Landlord. If the application of herbicides is desired by Tenant and approved by Landlord, Landlord will pay for the herbicides and Tenant will apply the herbicides in a manner consistent with manufacturer's DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 9 labeled specifications. For herbicide application control methods Tenant shall provide records of each treatment to Landlord on an annual basis in a format approved by Landlord. For all other control methods Tenant shall provide records to Landlord on an annual basis indicating (i) date and time of treatment; (ii) type of control applied; (iii) area of the Property treated. Tenant shall also comply with the Water Quality Monitoring and Management Plan and Brush Creek Watershed Management Plan, as applicable when applying herbicides to the Property f. Pest Control. Tenant may engage in control of pests or predators in exigent circumstances to protect livestock which shall occur in accordance with applicable law. In no event may Tenant harm or kill dogs on or crossing the Property. All other control of pests and predators requires approval from the Landlord. g. Fertilizers. The application of fertilizers will be based upon recommendations from the CSU-Extension or other qualified third party that the Parties mutually agree to and must be applied in accordance with the Water Quality Monitoring and Management Plan and Brush Creek Watershed Management Plan, as applicable and must be approved in advance by Landlord. The type, amount and timing of fertilizer applications may be contained in the Annual Operating Plan. Tenant is responsible for the cost and application of fertilizers. h. Livestock. The Property may be used for grazing cattle and horses in accordance with the Annual Operating Plan. While grazing and pasturing of horses in accordance with the Annual Operating Plan is permitted no horse boarding (stable oriented) is permitted other than in connection with the Eagle County Fair and Rodeo as set forth below or as may be agreed to by the Parties in the Annual Operating Plan or an Amendment to this Agreement. Livestock shall be penned or pastured and rotated to minimize soil erosion or the over- grazing of pasture grasses. Landlord may require, at Landlord's cost and expense, portions of any riparian area on the Property to be fenced temporarily or permanently to restore and protect wetland habitat and fisheries all as determined by Landlord in its sole discretion. Notwithstanding the foregoing, Landlord will leave an appropriate gap in any fencing to allow livestock access to water. With advance approval of Landlord, willow trees may be grazed for short periods of time so that riparian habitat is not permanently damaged or degraded. In no event will grazing of willows occur for more than two (2) consecutive weeks in any area of the Property. i. In the event Landlord believes that over-grazing or other adverse impacts are occurring on the Property, Landlord will first discuss the same with Tenant and attempt to arrive at a mutually agreeable solution for restoration of the Property and to minimize on-going impacts. Thereafter, Landlord may, in its sole discretion and at its cost, require that a grazing management plan be developed for the Property utilizing County personnel expertise, NRCS, CSU-Extension or other qualified contractor to be chosen by the Landlord. DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 10 ii. A grazing plan may also be developed if the Landlord determines, in its sole discretion and at its sole cost, that a more prescriptive plan is necessary to protect the conservation values of the Property or to provide a more detailed understanding of the Property's productivity and carrying capacity. iii. Any grazing plan developed for the Property shall be made a part of this Agreement and Tenant is required to follow requirements and guidelines contained in that plan. iv. Landlord shall not own or be responsible for any livestock maintained by Tenant or its sublessees on the Property. Tenant hereby waives and relinquishes any and all claims, suits and actions it may now have or hereafter acquire against Landlord in connection with Tenant's ownership of and grazing of livestock on the Property. Landlord makes no guarantee of the productivity of the Property and assumes no liability of any condition, visible or not, which may affect agricultural productivity of the Property including Landlord's installation of recreational amenities and improvements. i. Subleasing. Tenant is authorized to enter into pasture/grazing subleases for the Property solely for the purpose of pasturing cattle and horses. The total number of horses and cattle permitted on the Property in any given year are set forth in the Annual Operating Plan. Any horses or cattle over and above that number will only be allowed with advance written approval from the Landlord in its sole discretion. Tenant shall be responsible for managing any subleases in accordance with the terms of this Agreement. The Landlord shall approve the form of sublease to be used by Tenant and Tenant shall provide a copy of each executed sublease or any amendments thereto to Landlord. Subleasing for purposes other than pasturing cattle and horses is to be determined by Landlord on a case by case basis in advance and in its sole discretion. Proceeds generated from approved subleases will be retained by the Tenant. All subleasing and associated use of the Property shall be in accordance with this Agreement. i. Tenant agrees to allow the boarding or pasturing of horses and livestock during the Eagle County Fair and Rodeo each summer at a reasonable rate or free of charge. ii. Tenant will make available hay for the Eagle County Fair and Rodeo on an as needed basis at the then prevailing rates for hay. iii. Tenant will allow up to five (5) acres of the Property to be identified and removed from this Agreement for small scale third-party agricultural operations or CSU monitoring/experimental plot(s). In such event the Parties shall work together to identify the quantity of water available for such acreage and Tenant’s lease rate shall be reduced as set forth in paragraph 15. j. Vehicle and Machinery Storage. The storage of vehicles or machinery not actively used as part of the agricultural operation of the Property is prohibited. Maintenance and storage DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 11 of vehicles or agricultural machinery used as part of the agricultural operations on the Property may occur in the Ranch Headquarters. Any spill or loss of any fluid associated with vehicles or agricultural machinery must be collected and disposed of off the Property in a manner consistent with applicable law. k. Vegetation. Existing wetlands, willows and brush areas are not to be disturbed or cut by the Tenant except as specifically allowed in advance and in writing by Landlord or as expressly set forth in this Agreement. Landlord may during the Term of this Agreement, fence at its own expense, certain portions of Brush Creek to protect streambanks and wetland habitat. The condition of the vegetation will be monitored by the Landlord annually. l. Emblements. Tenant shall be entitled to plant hay in accordance with the Annual Operating Plan. Other crops may be planted with prior written approval of Landlord in its sole discretion. So long as Tenant is not in breach of this Agreement, Tenant is entitled to sell and retain the profits of any crop produced on the Property during the Term of this Agreement. If this Agreement is terminated due to a breach of this Agreement by Tenant, Tenant is entitled to retain any hay that has been cut and baled but uncut or unbaled hay shall become the property of Landlord. Landlord shall not be responsible for emblements produced or cultivated by Tenant on the Property. Tenant hereby waives and relinquishes any and all claims, suits and actions it may now have or hereafter acquire against Landlord in connection with Tenant’s production and cultivation of emblements on the Property. Landlord makes no guarantee of the productivity of the Property and assumes no liability of any condition, visible or not, which may affect agricultural productivity of the Property including Landlord’s installation of recreational amenities and improvements. m. Fences. Except as otherwise set forth herein, including subparagraph 13.m.i. immediately below, Tenant shall be responsible for maintaining all fences and gates in working condition during the Term of this Agreement at its sole cost and expense. Tenant shall not place locks on any gates without Landlords consent and without providing the combination or additional set of keys to Landlord. Specific management actions regarding areas or reaches of fence may be addressed and changed within the Annual Operating Plan. Tenant acknowledges and agrees that Landlord may require Tenant through the Annual Operating Plan to modify existing fencing or install new fencing to reduce wildlife entanglement risks by adjusting fences to comply with Colorado Parks & Wildlife “Wildlife Friendly Fence Standards”. i. Landlord anticipates developing recreational amenities on the Property. While not anticipated, the Parties agree that there is potential for damage to the fences and gates by the public. Landlord agrees that if there is damage to a fence and/or gate knowingly, negligently, or willfully caused by the public, then Landlord will be DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 12 responsible for the repair of any such damage subject to its budgeting and appropriation therefor. n. Water Rights. Landlord either owns or is entitled to use the water rights identified on Exhibit G for irrigation of the Property (“Water Rights”). Tenant acknowledges and agrees that use of the Water Rights and documentation thereof is critical to the Landlord. Water Rights shall be used as set forth in the Conservation Easement and in accordance with the Brush Creek Watershed Management Plan which is attached hereto and incorporated herein as Exhibit H and in accordance with the Water Quality Monitoring and Management Plan, as applicable. i. Maintenance of Ditches and Related Infrastructure. There are multiple ditches and related infrastructure affecting the Property. The ditches are used to transport and deliver water to the Property and to other properties owned by third parties. Tenant agrees to maintain the ditches, laterals, tail runs, and related infrastructure (i.e. pipes, flumes, splitter boxes, head gates and all other infrastructure associated with the use and delivery of water) located on the Property in good working condition. Tenant will coordinate with Landlord such that the Tenant will perform the work and Landlord will provide supplies and materials for ditch maintenance, subject to budgeting and appropriation by Landlord in its sole discretion. Irrigation activity may be temporarily suspended if a ditch, lateral, pipeline or other irrigation delivery system becomes inoperable or is damaged. Tenant shall not alter, add to or modify the ditches or related infrastructure without Landlord’s prior written consent, which consent Landlord may withhold in its sole discretion. Maintenance shall include, but not be limited to, burning (with advance notice to and permission from Landlord), cleaning, and dredging ditch courses, clearing pipelines, keeping head gates and diversion structures in good working condition. All irrigation infrastructure, equipment and improvements remain the property of the Landlord. Nothing herein shall preclude Landlord from piping, modifying or otherwise altering the ditches located on the Property. 1. Landlord anticipates developing recreational amenities on the Property. While not anticipated, the Parties agree that there is the potential for damage to the ditches and related infrastructure by the public. Landlord agrees that if a ditch or related infrastructure is knowingly, negligently, or willfully damaged by the public, then Landlord will be responsible for the repair of any such damage subject to its budgeting and appropriation therefor. ii. Water Quantity. If, during the Term of this Agreement, Tenant becomes aware that all or a part of the Water Rights are not being delivered to the Property, then Tenant shall make reasonable efforts to communicate with other authorized users of the affected ditch or ditches to solve the problem. Tenant will notify Landlord of any such issue and how the same was or will be resolved within a reasonable DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 13 time of Tenant becoming aware of the problem. If Tenant’s efforts to communicate with other authorized users of any ditch should fail to timely solve the water delivery or water quantity issues, then Tenant shall immediately alert Landlord who will work to resolve the issue. iii. Record Keeping. Tenant agrees to maintain detailed records consistent with historical practice regarding use of the Water Rights on the Property including water diversions or delivery amounts to specific areas of the Property. Tenant will supply the records to Landlord on a monthly basis. Landlord may require Tenant to maintain more frequent or different records if required by Landlord’s water engineer or water attorney or to divert water to different areas of the Property as may be required by Landlord’s water attorney or water engineer. Landlord will make efforts to minimize the number of requests to Tenant. Tenant shall deliver the records or copies thereof to Landlord or other third parties upon request. Tenant agrees to cooperate with Landlord in providing other information that may be requested by Landlord, its water engineers, or government agencies in connection with the use of the Water Rights and operation of the ditches on the Property. o. Erosion. Tenant shall not engage in any activity which results in the loss of soil or changes the topography or grade of the Property. Landlord acknowledges the customary practices associated with livestock grazing. All disking and tilling must be approved in advance by Landlord. Tenant may not create borrow or other sites on the Property except with prior written permission of Landlord and as set forth in the Conservation Easement. p. Hunting. Tenant is not permitted to guide hunters on the Property. Hunting on the Property is prohibited except for special hunts that may be coordinated by Landlord and Colorado Parks and Wildlife. In such event Landlord shall provide notice to and shall coordinate such special hunt with Tenant in an effort to minimize disruption to Tenant’s operations. Pass through access to public lands for hunting will be permitted. Tenant will make Landlord aware of any potentially unlawful hunting activity on the Property. q. No Dumping and Hazardous Substances. Tenant shall not place, store or use on the Property substances that are hazardous, toxic, dangerous or harmful or which are defined as hazardous substances by the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 USC 9601. Tenant shall not dispose of animals, livestock, trash, garbage, rubbish or refuse on the Property. r. Use of Equipment. Tenant and its authorized employees may use the County’s equipment identified on Exhibit I during the Term of this Agreement so long as the equipment is not earlier disposed of by Landlord, and Tenant will carry sufficient general liability insurance to protect the operator, and any third party from any damage to person or property resulting from the Tenant and its authorized employees use and operation of the County’s equipment, such that Landlord is not responsible and has no liability therefor. Tenant hereby waives any claims against Landlord related to its use of the County’s equipment. DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 14 Upon expiration or termination of this Agreement, the equipment, unless earlier disposed of by Landlord, shall remain on the Property and shall remain the property of Landlord. Tenant shall be responsible, at its sole expense, for the maintenance and costs of operating the County’s equipment during the Term. Tenant acknowledges that it owns equipment sufficient to operate and manage the Property without relying on County’s equipment. Tenant will operate its own equipment to support the agricultural operations on the Property and shall maintain sufficient property and general liability insurance to protect any equipment owned by Tenant and operated by Tenant, its authorized employees, independent contractors, or agents. Tenant hereby waives any claims against Landlord related to Tenant’s equipment and use thereof. s. Equipment Purchase and Sale. Nothing in this Agreement shall preclude Landlord from selling or disposing of all or part its equipment identified on Exhibit I. Nothing herein shall preclude Landlord from selling all or part of the equipment to Tenant on terms as may be agreed upon by the Parties. t. Maintenance. Tenant shall not permit any portion of the Property to be used in a manner which may endanger the person or property of Landlord. Further, during the Term of this Agreement Tenant shall be responsible for day to day maintenance of the Property including any improvements or buildings located thereon, as set forth in paragraph 11. Tenant shall maintain the Property in a neat, clean and trash free manner and shall perform corral maintenance, fences, ditch and other repairs as soon as a problem is found or as set forth in the Annual Operating Plan. u. Grants. Landlord and Tenant agree to collaborate and assist each other in seeking, applying for and administering grants for projects on the Property. The Parties shall identify grant opportunities for the coming year in each Annual Operating Plan. 14. Interaction with the Public. Tenant and Landlord will work cooperative and will make reasonable efforts to keep each other informed about interactions with the public on or related to the Property. Tenant will treat the public in a courteous and public manner. 15. Public Recreation Uses and Recreation Infrastructure. Tenant understands and agrees that Landlord intends to allow and develop amenities for public recreation on the Property, the location of which will be determined in Landlord’s sole discretion. Such amenities may include but not be limited to paved recreation paths, unpaved trails, parking, and fishing access. Landlord and its consultants, contractors, employees and agents shall be entitled to access the Property at all reasonable times to plan for, study, identify the location or locations of possible public amenities and construct the same on the Property. The general public shall be entitled to use such amenities as determined by Landlord in its sole discretion and without interference from Tenant. In the event the Landlord intends to construct an amenity on the Property, the Landlord will provide sixty (60) days advance written notice to Tenant. Further, in the event any portion of the Property becomes unavailable to Tenant in order to accommodate public recreational use, then such portion of the DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 15 Property will be identified in writing and removed from this Agreement by an amendment hereto. In such event, Tenant’s Rent will be reduced by sixteen dollars ($16.00) for each acre removed from the Agreement. a. Tenant shall not obstruct driveways, recreation paths or private roads, except as provided for in the Annual Operating Plan. b. Tenant agrees to make Landlord aware if he observes any improper use of the Property. c. Landlord will be responsible for maintaining recreational amenities installed by it. 16. No Mortgage. Tenant shall not pledge, mortgage or cause any lien to be recorded against the Property during the Term of this Agreement. 17. Damage to the Property. Tenant shall be responsible for any damage to the Property, or any portion thereof, caused by the acts or omissions of Tenant or Tenant’s family, occupants, agents, employees, guests, or invitees. In the event of such damage, Tenant shall immediately notify Landlord. Landlord may, at its sole option, require Tenant to repair such damage at Tenant’s own cost and expense, or Landlord may repair such damage and charge the expense thereof to Tenant. Tenant’s obligations under this paragraph shall survive expiration or termination of this Agreement. 18. AS IS/WHERE IS. Tenant acknowledges and agrees that he has had an opportunity to fully inspect the Property and investigate the physical, environmental, and condition of the Property, as well as the financial and economic feasibility of the Property and that he is leasing the Property in its present “As Is” “Where is” “With all Faults” condition and without reliance on any representation or warranty, whether express or implied, arising by operation of contract, statue or otherwise from Landlord. Landlord does not make, and specifically disclaims any warranty or representation, either express or implied, whether arising by statute, contract or otherwise, as to the merchantability or fitness for a particular purpose or fitness for use of the Property or any portion thereof for agricultural purposes. Landlord shall not be liable for, and Tenant hereby waives and relinquishes any and all claims, suits and actions it may now have or hereafter acquire against such parties in connection with, any consequential, special, punitive or exemplary damage Tenant may suffer or insure as a result of this Agreement or any breach or default by Landlord under this Agreement. Landlord makes no guarantee of the productivity of the Property and assumes no liability for any condition, visible or not, which may affect agricultural productivity of the Property. Tenant, by its signature below accepts the Property in its AS IS/WHERE IS condition and acknowledges that the foundation of the House leaks from time to time. 19. Casualty or Condemnation. If during the Term of this Agreement the Property is materially damaged by a fire or other casualty, or any material portion or the Property shall be subjected to a bona fide threat of condemnation, either Party may terminate this Agreement by giving the other Party at least thirty (30) days’ prior written notice thereof, in which case the relative obligations and duties of the Parties shall be apportioned to the date of termination. Landlord shall have the sole right and authority to make any settlements for any insurance proceeds for any casualty or for DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 16 any condemnation action or any condemnation proceeds or awards that may arise therefrom, and in no event will Tenant have any claim or interest in any such insurance or condemnation proceeds or awards granted to Landlord. 20. Taxes. County is tax exempt and is not responsible for real property or other taxes associated with the Property. Tenant shall be responsible for all taxes attributable to this Agreement and agricultural or other production and sales based activities conducted by Tenant on the Property. 21. Right of Entry. Landlord reserves the right for itself, its agents, consultants, contractors and employees to enter the Property for any reasonable purpose at any reasonable time including but not limited to Landlord’s right to identify, locate and install recreational amenities and to make such other improvements as the Landlord shall deem necessary. a. Eagle Valley Land Trust, its employees and consultants are authorized to enter the Property for the purpose of monitoring, enforcement and as otherwise authorized by the Conservation Easement. b. CSU- Extension representatives may access the Property for the purpose of studying and monitoring the Property and to inspect, repair or replace the meteorological station (the “CoAgMet Station”) that is to be located on the Property. c. Eagle County Conservation District representatives may enter the Property to inspect, repair or replace the CoAgMet Station that is to be located on the Property. d. Except in exigent or emergency circumstances, Landlord shall give at least 24 hours’ notice before entering and/or inspecting the Ranch Headquarters, but no formal notice is required for Landlord to inspect or perform work on any other portion of the Property. e. The Parties agree that there is opportunity to introduce and educate the public to agriculture and ranching. Tenant agrees to participate from time to time as its schedule allows in such programming. 22. Existing and Future Easements and Agreements. Tenant shall not interfere with the use of any existing easements or encumbrances or any future easements or agreements, including the Conservation Easement or the CE Amendment, on, across, under or over the Property that may be granted or determined necessary, as determined by Landlord in its sole discretion. Advance notice of sixty (60) days will be given to Tenant of any future easements or encumbrances. If Tenant, at its sole discretion, believes the future easement or encumbrance will adversely affect its lease interest, Tenant has the option of terminating this Agreement in accordance with paragraph 27.b. of this Agreement. 23. Compliance with Laws and Governmental or other Legal Requirements. Tenant shall, at its sole cost and expense, comply with all federal, state and local laws, statutes, rules, regulations, DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 17 ordinances and other legal requirements applicable to Tenant or the Property and Tenant’s use and occupancy and operations thereof and thereon, and Tenant shall at its sole cost and expense comply with all federal, state, and local authorizations needed to manage, lease, operate and maintain the Property. 24. Insurance. Tenant shall procure and maintain for the entire Term of this Agreement, insurance against claims for injury to persons or damage to property which may arise from or in connection with its occupancy, use and management of the Property and the equipment identified in Exhibit I. The insurance requirements herein are minimum requirements for this Agreement and do not limit the indemnity covenants contained in this Agreement. a. Types of Insurance. Tenant shall provide coverage with limits of liability not less than those stated below. An umbrella and/or excess liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis. 1. Worker’s Compensation insurance as required by law and employer’s liability insurance covering any employees acting within the scope and course of their employment, if any. 2. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired and non-owned vehicles. 3. Property coverage for mobile equipment for Tenant’s owned, leased or borrowed equipment (not County’s equipment) in an amount determined by Tenant to be sufficient. 4. General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate limits. 5. Renter’s Insurance with coverage sufficient to cover Tenant’s personal property located in the House or on the Property. 6. Drought Insurance with coverage sufficient to protect Tenant’s operations under this Agreement. b. Other Requirements. 1. The commercial general liability coverage shall be endorsed to include Eagle County its officials, directors, officers, employees, agents and volunteers as additional insureds. 2. Tenant’s insurance coverage shall be primary and non-contributory with respect to all other available sources. Tenant’s policy shall contain a waiver of subrogation against Eagle County its officials, directors, officers, agents, employees and volunteers. DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 18 3. All policies must contain an endorsement affording an unqualified thirty (30) days’ notice of cancellation to County in the event of cancellation of coverage. If the insurance company is not able to provide such an endorsement then Tenant shall supply such notice to Landlord. 4. Tenant’s certificate(s) of insurance evidencing all required coverage shall be provided to the County no later than July 1, 2023. Upon request, Tenant shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five (5) business days of a written request from County, and hereby authorizes Tenant’s broker, without further notice or authorization by Tenant, to immediately comply with any written request of County for a complete copy of the policy. Tenant shall provide County with an updated certificate of insurance annually during the Term. 5. If Tenant fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County, County shall be entitled to immediately terminate this Agreement. 6. The insurance provisions of this Agreement shall survive expiration or termination hereof. 7. The Parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. 25. Indemnification. Upon execution of this Agreement, the Tenant shall indemnify the County and Eagle Valley Land Trust, and any of their associated and/or affiliated entities, successors, assigns, elected officials, officers, directors, employees, agents, volunteers, hereinafter collectively referred to as the “Indemnified Parties”, from all damages, liabilities, expenses, claims, or judgments (including interest, penalties, reasonable attorneys' fees, accounting fees, and expert witness fees) (collectively , the "Claims") that any Indemnified Parties may incur and that arise from: a. the Tenant's negligence or misconduct arising from the Tenant's carrying out of its obligations under this Agreement; or b. the Tenant’s breach of any of its obligations or representations under this Agreement. This indemnification shall not apply to Claims by third parties against the County to the extent that County is liable to such third party for such Claims without regard to the involvement of Tenant. This paragraph shall survive expiration or termination hereof. 26. Landlord’s Remedies and Termination. a. Landlord’s Remedies. Time shall be of the essence for the performance, observance and discharge of Tenant’s obligations and duties hereunder. In the event: i. Tenant shall fail to pay any Rent or other sums owing to Landlord under this Agreement when due and payable and if Tenant has not cured such nonpayment within ten (10) days of the date of a written notice from Landlord; or DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 19 ii. If Tenant shall default (other than payment of Rent) in the performance or observance of any agreement or condition contained in this Agreement to be performed or observed, and if Tenant shall not cure such default within thirty (30) days after written notice from Landlord specifying the default (or, if such default shall reasonably take more than thirty (30) days to cure, and Tenant shall not have commenced the same within thirty (30) days and diligently prosecuted the same to completion); Landlord shall immediately have the right, at Landlord’s election and at any time thereafter, to exercise any one or more of the following remedies: 1. Landlord may terminate this Agreement, effective at such time as may be specified by written notice to Tenant, and demand (and if such demand is refused, recover in accordance with applicable laws) possession of the Property from Tenant. In connection with any such recovery of possession, Landlord may through a forcible entry and detainer action as may be required by law, repossess the Property and expel Tenant and any party claiming by, through or under Tenant, and remove the effects of both, using such force as may be necessary, without being liable for prosecution on account thereof or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or other payment obligations or right to bring any proceeding for breach of covenants or conditions. Tenant shall be and remain liable to Landlord for all amounts owing as of the date of such termination, plus damages in an amount equal to the Rent and other sums owing from Tenant for what would have been the balance of the Term as applicable and but for the termination, less any proceeds of any re-letting of the Property by the Landlord following such termination or dispossession (after deducting from such proceeds all of Landlord’s expenses of repossession and re-letting). Upon such termination, all past due amounts shall be immediately due and payable to Landlord, and Landlord shall be entitled to collect and receive from Tenant the damages set forth above. Landlord shall in no way be responsible or liable for any failure to relet the Property, or any part thereof, or for any failure to collect any rent due upon such reletting. 2. The remedies set forth herein shall be in addition to, and nonexclusive of, all other rights and remedies that may be afforded to Landlord at law or equity for any breach or default by Tenant under this Agreement, including, without limitation, any rights to recover other damages in addition to those prescribed above, plus any rights to specific performance or other equitable relief. In connection with any exercise of Landlord’s remedies, upon demand, Tenant shall reimburse Landlord for all costs and expenses, including attorneys’ fees, incurred by Landlord in connection therewith, which reimbursements shall constitute part of Rent hereunder. Landlord’s exercise of any such remedy, whether expressly provided for in this Agreement or by operation of law, shall not prevent the concurrent or subsequent exercise of any other of such remedies. No notice to Tenant from or on behalf of Landlord under any forcible entry and detainer statute shall constitute a notice of termination of this Agreement unless such notice expressly states that Landlord is exercising its right to terminate this Agreement. DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 20 b. Landlord’s Termination for Convenience. Landlord may, for its convenience and without cause, terminate this Agreement upon advance written notice to Tenant specifying the date upon which this Agreement is terminated, which shall be not less than one hundred eighty (180) days from the date of the written notice, and Tenant shall vacate the Property and shall ensure that any subleases Tenant has entered into are promptly terminated. Tenant and any of his sublessees shall vacate the Property, remove all personal property and leave the Property in the condition identified in paragraph 28 by the date specified in such written notice. In the event of termination under this paragraph, Tenant shall only be responsible for Rent during the period Tenant retains possession of the Property and Landlord will return the unused portion of Rent to Tenant no later than sixty (60) days after Tenant’s surrender of the Property. Should Tenant fail to surrender possession in accordance with this paragraph, Landlord shall have all remedies available to it. 27. Tenant’s Remedies and Termination. a. Tenant Remedies. If Landlord shall default in the performance or observance of any agreement or condition in this Agreement contained on its part to be performed or observed, and if Landlord shall not cure such default within thirty (30) days after written notice from Tenant specifying the default (or, if such default shall reasonably take more than thirty (30) days to cure, and Landlord shall not have commenced the same within thirty (30) days and diligently prosecuted the same to completion), Tenant may, at its option, terminate this Agreement upon advance written notice to Landlord specifying the date upon which this Agreement is terminated, which shall not be less than thirty (30) days or more than ninety (90) days from the date of the written notice. Upon such notice, Tenant shall vacate the Property and shall ensure that any subleases Tenant has entered into are promptly terminated. Tenant and any of its sublessees shall vacate the Property, remove all personal property and leave the Property in the condition identified in paragraph 28 by the date specified in such written notice. In the event of termination under this paragraph, Tenant shall only be responsible for Rent during the period Tenant retains possession of the Property and Landlord will return the unused portion of Rent to Tenant no later than sixty (60) days after Tenant’s surrender of the Property. Should Tenant fail to surrender possession in accordance with this paragraph Landlord shall have all remedies available to it. b. Tenant’s Termination for Convenience. Tenant may, for its convenience and without cause, terminate this Agreement upon advance written notice to Landlord specifying the date upon which this Agreement is terminated, which shall be not less than one hundred eighty (180) days from the date of the written notice, and Tenant shall vacate the Property and shall ensure that any subleases Tenant has entered into are promptly terminated and that sublessees vacate the Property. Tenant and any of his sublessees shall vacate the Property, remove all personal property and leave the Property in the condition identified in paragraph 28 by the date specified in such written notice. In the event of termination under this paragraph, Tenant shall only be responsible for Rent during the period Tenant retains possession of the Property and Landlord will return the unused portion of Rent to Tenant no later than sixty (60) days after Tenant’s surrender of the Property. Should Tenant fail to surrender possession in accordance with this paragraph Landlord shall have all remedies available to it. DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 21 28. Surrender and Holding Over. Upon expiration or termination of this Agreement, Tenant shall surrender the Property in good condition and repair, normal wear and tear excepted and otherwise in accordance with all requirements and provisions under this Agreement. In no event shall Tenant have any right to hold over following expiration or earlier termination of this Agreement. If Tenant fails to vacate the Property upon the expiration or earlier termination of this Agreement, Tenant shall be deemed to be a tenant at sufferance at a per diem rental rate of equal to twice the Rent as calculated on a per diem basis and, in addition and without limiting any of Landlord’s other remedies hereunder, shall be obligated to Landlord for all liabilities, costs and damages incurred by Landlord as a result of such failure of surrender, including, but not limited to, liabilities to third parties entitled to occupy the Property upon such expiration or earlier termination. 29. Smoke Detectors and Carbon Monoxide Alarms. The House has a fuel-fired heater or appliance, a fireplace, or an attached garage and one or more rooms lawfully used for sleeping purposes (bedroom). Therefore, Landlord understands that Colorado law requires that Landlord assure the House has an operational carbon monoxide alarm installed within fifteen feet of the entrance to each bedroom or in a location as required by the applicable building code, prior to offering the Property for lease or sale. Further, Tenant understands that Colorado law requires that no person may remove batteries from or in any way render inoperable such carbon monoxide alarm. Tenant acknowledges that all required carbon monoxide alarms are installed in the House and are operational as of the date of the Agreement and Tenant agrees not to disarm or in any way render such alarms inoperable during the Term. Tenant further acknowledges that a smoke alarm is installed and is operational as of the date of this Agreement and Tenant agrees not to disarm or in any way render such alarm inoperable during the Term. 30. Meeting in Advance of Expiration. Unless this Agreement has been previously terminated in accordance with the terms and provisions hereof, Tenant and Landlord shall meet at least nine (9) months prior to the scheduled expiration of the Term to review the status of this Agreement. 31. Assignability. Tenant may not assign this Agreement. Any attempt to do so shall be void. 32. Dispute Resolution. The Parties agree to first attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement through a discussion between Eagle County’s Director of Open Space and Natural Resources and Tenant. If the Parties are unable to amicably resolve the matter, the Director of Open Space and Natural Resources may refer the matter to the County Manager for consideration. If the matter is not amicably resolved, the matter may be addressed through litigation in the Courts of Eagle County, Colorado. 33. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the courts of Eagle County, Colorado, which shall be the forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 34. Integration and Modification. This Agreement represents the entire Agreement between Tenant and Landlord. This Agreement supersedes all prior negotiations, representations, or contracts, either written or oral. This Agreement may be amended only as set forth herein or by written agreement signed by both the Tenant and Landlord. DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 22 35. Records. Tenant shall maintain comprehensive, complete, and accurate books, records and documents concerning its performance relating to this Agreement. Landlord shall have the right to inspect and receive copies of these books, records and documents, upon demand, in a reasonable manner and at reasonable times. Tenant shall maintain a record of the (i) types of crops planted; (ii) the location of the crops on the Property and affected acreage; (iii) production information for each crop; (iv) whether crop is used on the Property or sold and sale price; (v) type and number of livestock; (vi) where livestock are grazed on the Property, duration of grazing and affected acreage; (vii) approved subleases affecting the Property including type and number of livestock and where the same are grazed on the Property and affected acreage; (viii) rent received under any sublease; (ix) weed mitigation by Tenant and identification of affected acreage; (x) a budget or summary at the end of each Lease Year establishing all sums expended by the Tenant on the Property for the preceding year(xi) Upon request, Tenant shall make available to Landlord its monthly energy and utility bills. Tenant shall further maintain the records related to Water Rights as set forth in paragraph 13 and its subparts. Tenant is willing to discuss such other information with Landlord as Landlord may request from time to time. Upon termination of this Agreement, Tenant shall deliver to Landlord copies of all the above stated records. 36. Waiver. Failure of Landlord and/or Tenant to exercise any right or remedy granted under this Agreement shall not have the effect of waiving or limiting the exercise by Landlord and/or Tenant, of any other right or remedy or the indication of such right or remedy at any future time. 37. Notice. Day to day communications and Tenant’s point of contact during the Term of this Agreement shall be Landlord’s Open Space Manager or his or her designee. Day to day communications and Landlord’s point of contact during the Term shall be Loyd Gerard, Clayton Gerard or Lacey Bair. Any written notice required by this Agreement shall by deemed delivered through any of the following: (1) hand delivery to the person at the address below; (2) electronic, or internet, to the address below; (3) within three (3) days of being sent certified first-class mail, postage prepaid, return receipt requested addressed as set forth below. Notice by e-mail or internet delivery shall be deemed given upon receipt of a confirmation by sender and notice by personal delivery shall be deemed given when received. Either Party may modify their address or contact information using the procedures set forth in this paragraph. Landlord: Open Space and Natural Resources Director Eagle County Open Space Email: marcia.gilles@eaglecounty.us Phone: 970-328-8697 Open Space Manager Email: peter.suneson@eaglecounty.us Phone: 970-328-8637 Eagle County Open Space P.O. Box 850 500 Broadway Eagle, CO 81631 DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 23 With Copies To: Eagle County Attorney’s Office P.O. Box 850 500 Broadway Eagle, CO 81631 Email: atty@eaglecounty.us Phone: 970-328-8685 Tenant: GERARD BROTHERS PARTNERSHIP LLLP DBA GERARD FAMILY RANCH 899 Dagget Lane Gypsum, CO 81637 Email address: Ranch.yf@gmail.com Laceygerard15@gmail.com Phone: 970-524-7841 38. Survival of Indemnity and Payment Obligations. Each obligation to indemnify and hold harmless provided for in this Agreement and to pay any amounts accruing under this Agreement prior to the date of expiration or termination of this Agreement shall survive the expiration or termination of this Agreement. 39. Recording. Neither Landlord nor Tenant shall record this Agreement. A memorandum of this Agreement may be recorded at the election of Landlord. 40. Relationship of Parties. Neither anything in this Agreement nor any acts of the Parties shall be construed or deemed by the Parties, or by any third person, to create the relationship of principal and agent, or of partnership, or of joint venture, or of any association between the Parties. 41. Third Parties. Except as otherwise expressly provided herein, this Agreement does not, and shall not be deemed or construed to, confer upon or grant to any third party or parties any right to claim damages or to bring any suit, action or other proceeding against the Parties hereto because of any breach hereof or because of any of the terms, covenants, agreements and conditions herein. 42. Invalidity. If any provision of this Agreement or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to the persons or circumstances other than those to which it is invalid or unenforceable, shall not be affected thereby, and each such provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 43. No Construction Against Drafting Party. This Agreement shall not be subject to any rule of contract construction or interpretation requiring that in the event of ambiguity, the Agreement must be construed against the drafting party, and the Parties hereto hereby waive the benefit of any such rule of contract construction or interpretation. DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 24 44. Further Assurances. Landlord and Tenant shall execute such further documents and instruments and undertake such further actions as may reasonably be necessary to effectuate the transactions contemplated in this Agreement. 45. Tabor. Notwithstanding anything to the contrary contained in this Agreement, no payment will be made for any obligation of Landlord set forth herein and for any period after December 31st of any calendar year without the written approval in accordance with a budget adopted by the Eagle County Board of County Commissioners in compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). [signature page follows] DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 26 EXHIBIT A Legal Description of the Brush Creek Valley Ranch and Open Space and Legal Description of the Ridgeway Parcel DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 EXHIBIT A Legal Description of Brush Creek Valley Ranch and Open Space (Entire Property) Parcel 1/Salt Creek LOT 1,AND TRACTS A,B,C AND D,AND ADAM'S RIB RANCH ROAD PRIVATE ROW, FROST CREEK AND SALT CREEK PUD,FILING NO.2,SALT CREEK,ACCORDING TO THE PLAT RECORDED JULY 8,2008 AT RECEPTION NO.200814345,COUNTY OF EAGLE,STATE OF COLORADO. THE EXISTING PAVED RECREATIONAL TRAIL AS DEPICTED ON THE PLAT RECORDED JULY 8,2008 AT RECEPTION NO.200814345 AND ADAM’S RIB RANCH ROAD ARE NOT PART OF THE PROPERTY AS DEFINED IN THE AGREEMENT. Parcel 2/Upper Ranch Parcel A PARCEL OF LAND LOCATED IN TRACTS 61,62,63,64,65,67 AND 69 AND LOTS 2,3 AND 4 OF SECTION 14,IN SECTIONS 2,10,11,12,13,14 AND 15,TOWNSHIP 5 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF EAGLE,STATE OF COLORADO,WITH THE BEARINGS SHOWN HEREON,BASED ON A BEARING OF N01°01'34"W FOR THE 2-3 LINE OF SAID TRACT 69 BETWEEN CORNERS NO.2 &3,BOTH BEING 2 1/2"GLO BRASS CAP MONUMENTS ON 1"IRON PIPE,FOUND IN PLACE,SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: BEGINNING AT SAID CORNER NO.2 OF TRACT 69 ALSO BEING CORNER NO.5 OF SAID TRACT 63,CORNER NO.4 OF TRACT 60 IN SAID TOWNSHIP AND RANGE AND CORNER NO.7 OF TRACT 88 IN SAID TOWNSHIP AND RANGE;THENCE ALONG THE 4-5 LINE OF SAID TRACT 63 N 00°25'57"E,1376.14 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND DESCRIBED IN DEED RECORDED AUGUST 24, 2005 AT RECEPTION NO.927202 AT THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE,EAGLE,COLORADO,FROM WHICH CORNER NO.5,BEING A 3 1/2" ALUMINUM CAP MONUMENT ON #5 REBAR IN CONCRETE,FOUND IN PLACE,OF SAID TRACT 63 BEARS N00°25'57"E,32.94 FEET;THENCE ALONG SAID PARCEL BOUNDARY THE FOLLOWING THIRTEEN (13)COURSES: 1)S 63°53'22"E,98.91 FEET; 2)S 57°28'07"E,17.09 FEET; 3)S 43°41'12"E,311.25 FEET; 4)S 43°18'30"E,471.12 FEET; 5)S 44°46'44"E,97.90 FEET; 6)S 47°15'27"E,52.82 FEET; 7)S 55°20'50'E,61.81 FEET; 8)S 65°35'39"E,53.04 FEET; 9)S 69°00'09"E,48.79 FEET; 10)S 79°41'31"E,89.23 FEET; 11)S 79°11'51"E,197.18 FEET; 12)S 79°30'59"E,166.80 FEET; 13)N 00°02'37"E,4743.42 FEET TO A POINT ON THE 1-2 LINE OF SAID TRACT 62;THENCE ALONG SAID 1-2 LINE S89 DEGREES 57'23"E,1461.13 FEET TO CORNER NO.1 OF SAID TRACT 62,BEING A GLO 2 1/2"BRASS CAP MONUMENT ON 1"IRON PIPE,FOUND IN PLACE;THENCE ALONG THE 1-6 LINE OF SAID TRACT 62 S00 DEGREES 12'12"E, 2586.67 FEET TO CORNER NO.6 OF SAID TRACT 62,CORNER NO.1 OF SAID TRACT 63 AND CORNER NO.2 OF SAID TRACT 64,BEING A 2 1/2"ALUMINUM CAP MONUMENT ON #6 REBAR,PE/PLS #23089,SET IN PLACE;THENCE ALONG THE 1-2 LINE OF SAID TRACT 64 N89 DEGREES 06'20"E,2795.86 FEET TO CORNER NO.1 OF SAID TRACT 64 AND CORNER NO.2 OF SAID TRACT 65,BEING A GLO 2 1/2"BRASS CAP MONUMENT ON 1"IRON PIPE,FOUND IN PLACE;THENCE ALONG THE 1-2 LINE OF SAID TRACT 65 N89 DEGREES 46'35"E,2641.57 FEET TO CORNER NO.1 OF SAID TRACT 65, BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1"IRON PIPE,FOUND IN PLACE; THENCE ALONG THE 1-6 LINE OF SAID TRACT 65 S00 DEGREES 04'57"E,1322.37 FEET TO CORNER NO.6 OF SAID TRACT 65,BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1"IRON PIPE,FOUND IN PLACE;THENCE ALONG THE 5-6 LINE OF SAID TRACT 65 S89 DEGREES 44'17"W,1318.79 FEET TO CORNER NO.5 OF SAID 65,BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1"IRON PIPE;THENCE ALONG THE 4-5 LINE OF SAID TRACT 65 S02 DEGREES 13'30"E,2691.91 FEET TO CORNER NO.4 OF SAID TRACT 65,BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1"REBAR,FOUND IN PLACE;THENCE ALONG THE 3-4 LINE OF SAID TRACT 65 ALSO BEING THE 1-2 LINE OF TRACT 66 IN SAID TOWNSHIP AND RANGE N89 DEGREES 29'57"W,1395.64 FEET TO CORNER NO. 3 OF SAID TRACT 65,CORNER NO.2 OF SAID TRACT 66,CORNER NO.6 OF SAID TRACT 64 AND CORNER NO.1 OF SAID TRACT 67,BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1"IRON PIPE,FOUND IN PLACE;THENCE ALONG THE 5-6 LINE OF SAID TRACT 64 ALSO BEING THE 1-2 LINE OF SAID TRACT 67 N89 DEGREES 29'10"W,1396.79 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY FOR BRUSH CREEK ROAD (EAGLE COUNTY ROAD P-307);THENCE DEPARTING SAID 1-2 LINE AND ALONG SAID RIGHT-OF-WAY S00 DEGREES 04'25"E,388.84 FEET;THENCE N40 DEGREES 22'23"W,29.89 FEET TO A POINT ON THE 2-3 LINE OF SAID TRACT 67 ALSO BEING THE 1-6 LINE OFSAID TRACT 69;THENCE DEPARTING SAID RIGHT-OF-WAY AND ALONG SAID 1-6 LINE S00 DEGREES 04'25"E,978.80 FEET TO CORNER NO.6 OF SAID TRACT 69,BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1"IRON PIPE,FOUND IN PLACE;THENCE ALONG THE EAST LINE OF SAID LOT 4 S00 DEGREES 09'13"E, 311.53 FEET TO THE SOUTHEAST CORNER OF SAID LOT 4;THENCE ALONG THE SOUTH LINE OF SAID LOTS 2,3 AND 4 N89 DEGREES 58'23"W,3862.84 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 14,BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1" IRON PIPE,FOUND IN PLACE;THENCE ALONG THE WEST LINE OF SAID SECTION 14 N00 DEGREES 08'47"W,302.92 FEET TO A POINT ON THE 3-4 LINE OF SAID TRACT 88,BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1"IRON PIPE,STAMPED CC88/15/14,FOUND IN PLACE;THENCE ALONG SAID 3-4 LINE N89 DEGREES 32' 12"E,1056.88 FEET TO CORNER NO.4 OF SAID TRACT 88,BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1'IRON PIPE,FOUND IN PLACE;THENCE ALONG THE 4-5 LINE OF SAID TRACT 88 N00 DEGREES 03'05"W,1360.53 FEET TO CORNER NO.5 OF SAID TRACT 88 ALSO BEING A POINT ON THE 3-4 LINE OF SAID TRACT 69,BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1"REBAR,FOUND IN PLACE;THENCE ALONG SAID 3-4 LINE N89 DEGREES 27'38"W,1408.71 FEET TO CORNER NO.3 OF SAID TRACT 69 ALSO BEING CORNER NO.6 OF SAID TRACT 88,BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1"IRON PIPE,FOUND IN PLACE;THENCE N01 DEGREES 01'34"W, 1261.15 FEET TO THE POINT OF BEGINNING. Parcel 3/Lower Ranch/Ridgeway Parcel A PARCEL OF LAND LOCATED IN TRACTS 67,72 AND 73,IN SECTIONS 13,14,23 AND 24,TOWNSHIP 5 SOUTH,RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF EAGLE,STATE OF COLORADO,WITH THE BEARINGS SHOWN HEREON,BASED ON A BEARING OF S00 DEGREES 02'41"E FOR THE 2-3 LINE OF TRACT 68,TOWNSHIP 5 SOUTH,RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN,BETWEEN CORNER NO.3 OF SAID TRACT 67 ALSO BEING CORNER NO. 2 OF SAID TRACT 68 AND CORNER NO.3 OF SAID TRACT 68 ALSO BEING CORNER NO.2 OF SAID TRACT 72,BOTH BEING A 2 1/2"GLO BRASS CAP MONUMENTS ON 1" IRON PIPE,FOUND IN PLACE,SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT SAID CORNER NO.3 OF TRACT 67 FROM WHICH SAID CORNER NO. 3 OF TRACT 68 BEARS S00 DEGREES 02'41"E,1388.85 FEET;THENCE ALONG THE 2-3 LINE OF SAID TRACT 67 N00 DEGREES 09'13"W,1316.78 FEET TO CORNER NO.6 OF TRACT 69,TOWNSHIP 5 SOUTH,RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN,BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1"IRON PIPE,FOUND IN PLACE;THENCE CONTINUING ALONG THE 2-3 LINE OF SAID TRACT 67 ALSO BEING THE 1-6 LINE OF SAID TRACT 69 N00 DEGREES 04'25"W,948.45 FEET TO A POINT ON THE CENTERLINE OF BRUSH CREEK ROAD (EAGLE COUNTY ROAD P-307);THENCE DEPARTING SAID 2-3 LINE AND ALONG SAID CENTERLINE THE FOLLOWING TWENTY (20)COURSES: 1)S40 DEGREES 19'47"E,545.75 FEET; 2)ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 224.37 FEET,A RADIUS OF 607.37 FEET,A TANGENT OF 113.48 FEET,A DELTA OF 21 DEGREES 09'56"AND A CHORD OF 223.09 FEET THAT BEARS S50 DEGREES 54'45"E; 3)S61 DEGREES 29'43"E,167.42 FEET; 4)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 229.50 FEET,A RADIUS OF 997.15 FEET,A TANGENT OF 115.26 FEET,A DELTA OF 13 DEGREES 11'13"AND A CHORD OF 228.99 FEET THAT BEARS S54 DEGREES 54'07"E; 5)S48 DEGREES 18'30"E,553.16 FEET; 6)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 80.96 FEET,A RADIUS OF 2299.07 FEET,A TANGENT OF 40.48 FEET,A DELTA OF 2 DEGREES 01 '03"AND A CHORD OF 80.96 FEET THAT BEARS S47 DEGREES 17'59"E, 7)S46 DEGREES 17'27"E,555.64 FEET; 8)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 172.19 FEET,A RADIUS OF 484.96 FEET,A TANGENT OF 87.01 FEET,A DELTA OF 20 DEGREES 20'36"AND A CHORD OF 171.28 FEET THAT BEARS S36 DEGREES 07'09"E; 9)S25 DEGREES 56'51"E,60.28 FEET; 10)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 174.52 FEET,A RADIUS OF 1090.26 FEET,A TANGENT OF 87.45 FEET,A DELTA OF 9 DEGREES 10'17"AND A CHORD OF 174.34 FEET THAT BEARS S21 DEGREES 21 '43"E; 11)S 16 DEGREES 46'34"E,94.78 FEET; 12)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 182.18 FEET,A RADIUS OF 1297.57 FEET,A TANGENT OF 91.24 FEET,A DELTA OF 8 DEGREES 02'40"AND A CHORD OF 182.03 FEET THAT BEARS S12 DEGREES 45'14"E; 13)S08 DEGREES 43'54"E,93.72 FEET; 14)ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 103.42 FEET,A RADIUS OF 780.12 FEET,A TANGENT OF 51.78 FEET,A DELTA OF 7 DEGREES 35'44"AND A CHORD OF 103.34 FEET THAT BEARS S12 DEGREES 31'46"E; 15)S16 DEGREES 19'38"E,419.17 FEET; 16)ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 219.83 FEET,A RADIUS OF 418.98 FEET,A TANGENT OF 112.51 FEET,A DELTA OF 30 DEGREES 03'41"AND A CHORD OF 217.31 FEET THAT BEARS S31 DEGREES 21'28"E; 17)S46 DEGREES 23'19"E,201.67 FEET; 18)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 218.81 FEET,A RADIUS OF 495.09 FEET,A TANGENT OF 111.22 FEET,A DELTA OF 25 DEGREES 19'23"AND A CHORD OF 217.04 FEET THAT BEARS S33 DEGREES 43'37"E; 19)S21 DEGREES 03'56"E,149.13 FEET; 20)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 177.96 FEET,A RADIUS OF 806.14 FEET,A TANGENT OF 89.34 FEET,A DELTA OF 12 DEGREES 38'53"AND A CHORD OF 177.60 FEET THAT BEARS S14 DEGREES 44'29"E TO A POINT ON THE 5-6 LINE OF SAID TRACT 67 ALSO BEING THE 1-2 LINE OF SAID TRACT 73;THENCE ALONG SAID 5-6 LINE AND DEPARTING SAID CENTERLINE S89 DEGREES 49'34"E,37.02 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID BRUSH CREEK ROAD (EAGLE COUNTY ROAD P-307);THENCE DEPARTING SAID 5-6 LINE AND ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING SIX (6)COURSES: 1)ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A LENGTH OF 102.95 FEET,A RADIUS OF 506.69 FEET,A TANGENT OF 51.65 FEET,A DELTA OF 11 DEGREES 38'27"AND A CHORD OF 102.77 FEET THAT BEARS S02 DEGREES 56'23"E; 2)S02 DEGREES 52'50"W,262.58 FEET; 3)ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 107.34 FEET,A RADIUS OF 491.67 FEET,A TANGENT OF 53.88 FEET,A DELTA OF 12 DEGREES 30'30"AND A CHORD OF 107.12 FEET THAT BEARS S03 DEGREES 22'25"E; 4)S09 DEGREES 37'40"E,217.68 FEET; 5)ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 347.37 FEET,A RADIUS OF 5759.58 FEET,A TANGENT OF 173.74 FEET,A DELTA OF 3 DEGREES 27'20"AND A CHORD OF 347.31 FEET THAT BEARS S07 DEGREES 54'00"E; 6)S06 DEGREES 10'20"E,449.21 FEET TO A POINT ON THE 1-4 LINE OF SAID TRACT 73;THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND ALONG SAID 1-4 LINE S00 DEGREES 04'03"E,1185.38 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY LINE OF LADYBELLE VIEW SUBDIVISION (AMENDMENT NO.1)AS DESCRIBED ON THE PLAT RECORDED JUNE 27,1988 IN BOOK 486 AT PAGE 312 AT THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE,EAGLE, COLORADO;THENCE DEPARTING SAID 1-4 LINE N89 DEGREES 57'53"W,2813.65 FEET ALONG SAID NORTHERLY LINE TO A POINT ON THE 2-3 LINE OF SAID TRACT 72 ALSO BEING THE NORTHWEST CORNER OF SAID SUBDIVISION AND BEING A 1 1/4"RED PLASTIC CAP MONUMENT ON #5 REBAR,PLS #19598,FOUND IN PLACE; THENCE ALONG SAID 2-3 LINE N00 DEGREES 31'26"E,1409.12 FEET TO A POINT FROM WHICH SAID CORNER NO.2 OF TRACT 72 ALSO BEING SAID CORNER NO.3 OF TRACT 68 AND THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN DEED RECORDED OCTOBER 2,1990 IN BOOK 539 AT PAGE 285 AT SAID CLERK AND RECORDER'S OFFICE BEARS N00 DEGREES 31'26"E,1207.85 FEET;THENCE DEPARTING SAID 2-3 LINE AND ALONG THE SOUTHERLY LINE OF SAID PARCEL N87 DEGREES 52'44"E,1079.94 FEET;THENCE ALONG THE EASTERLY LINE OF SAID PARCEL THE FOLLOWING TWENTY-THREE (23)COURSES: 1)N10 DEGREES 43'06"E,181.90 FEET; 2)N08 DEGREES 26'04"E,123.59 FEET; 3)N06 DEGREES 11'16"E,83.07 FEET; 4)N04 DEGREES 47'55"W,65.56 FEET; 5)N21 DEGREES 40'43"W,57.25 FEET; 6)N19 DEGREES 29'21"W,84.99 FEET; 7)N17 DEGREES 40'16"W,106.50 FEET; 8)N11 DEGREES 39'56"W,71.67 FEET; 9)N46 DEGREES 59'33"E,58.02 FEET; 10)N58 DEGREES 34'52"E,53.93 FEET; 11)N81 DEGREES 35'30"E,51.34 FEET; 12)S72 DEGREES 27'32"E,46.45 FEET; 13)S61 DEGREES 27'34"E,122.02 FEET; 14)S68 DEGREES 36'16"E,111.63 FEET; 15)S77 DEGREES 41'55"E,52.03 FEET; 16)S86 DEGREES 37'40"E;124.60 FEET; 17)S71 DEGREES 24'00"E,72.14 FEET; 18)S76 DEGREES 37'01"E,51.27 FEET; 19)N69 DEGREES 04'44"E,42.22 FEET; 20)N11 DEGREES 48'38"E,39.85 FEET; 21)N18 DEGREES 13'35"W,95.23 FEET; 22)N12 DEGREES 04'19"W,377.96 FEET; 23)ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A LENGTH OF 74.73 FEET,A RADIUS OF 144.63 FEET,A TANGENT OF 38.22 FEET,A DELTA OF 29 DEGREES 36'21"AND A CHORD OF 73.90 FEET THAT BEARS N59 DEGREES 03 '45"W TO A POINT ON THE 1-2 LINE OF SAID TRACT 73 ALSO BEING THE 5-6 LINE OF SAID TRACT 67 AND THE NORTHEAST CORNER OF SAID PARCEL;THENCE ALONG SAID 5-6 LINE AND THE NORTHERLY LINE OF SAID PARCEL N89 DEGREES 49'34"W,301.08 FEET TO CORNER NO.5 OF SAID TRACT 67,BEING A 2 1/2"GLO BRASS CAP MONUMENT ON 1"IRON PIPE,FOUND IN PLACE;THENCE ALONG THE 4-5 LINE OF SAID TRACT 67 N00 DEGREES 02'10"W,1382.72 FEET TO CORNER NO.4 OF SAID TRACT 67,BEING A 2 1/2"ALUMINUM CAP ON #6 REBAR,PE/PLS #23089,SET IN PLACE;THENCE ALONG THE 3-4 LINE OF SAID TRACT 67 S88 DEGREES 08'29"W,1290.58 FEET TO THE POINT OF BEGINNING,COUNTY OF EAGLE,STATE OF COLORADO. Parcel 4/Ridgway Inholding A PARCEL OF LAND LYING IN TRACT 66 AND 67,TOWNSHIP 5 SOUTH,RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN,EAGLE COUNTY,COLORADO ACCORDING TO THE INDEPENDENT RESURVEY OF SAID TOWNSHIP AND RANGE AS APPROVED ON JUNE 20,1922;SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 2 1/4”BRASS CAP ON A 1”STEEL PIPE MARKING THE CORNER OF TRACTS 64,65,66 AND 67;THENCE ALONG THE NORTHERLY LINE OF SAID TRACT 66 S89°23'37"E 174.53 FEET;THENCE DEPARTING SAID NORTHERLY LINE FOLLOWING AN EXISTING 4 FOOT HIGH 3 STRAND BARBED WIRE FENCE THE FOLLOWING TWENTY SEVEN COURSES:1)S40°23'38"E 128.96 FEET;2) S41°39'04"E 241.52 FEET;3)S41°01'57"E 160.72 FEET;4)S42°52'13"E 159.47 FEET;5) S31°05'42"E 113.71 FEET;6)S30°51'50"E 159.51 FEET;7)S39°49'34"E 34.70 FEET;8) S86°00'24"E 9.54 FEET;9)S40°49'11"E 106.09 FEET;10)S46°46'36"E 191.02 FEET;11) S36°16'09"E 257.18 FEET;12)S35°17'12"E 168.56 FEET;13)S36°25'42"E 52.59 FEET;14)S39°07'40"E 90.02 FEET;15)S33°37'08"E 149.96 FEET;16)S17°37'27"E 68.19 FEET;17)S25°12'15"E 122.70 FEET;18)S37°17'50"E 187.92 FEET;19)S20°08'16"W 357.73 FEET;20)S24°39'20"E 191.90 FEET;21)S05°55'54"E 64.28 FEET;22)S08°30'16"E 75.77 FEET;23)S19°51'48"E 62.74 FEET;24)S46°22'23"E 53.80 FEET;25)N52°13'06"E 43.58 FEET;26)S84°53'38"E 418.92 FEET;27)S00°00'00"E 70.77 FEET TO THE NORTHWESTERLY CORNER OF LOT 1 RIDGWAY HOMESITES PER THE FINAL PLAT RECORDED AT RECEPTION NO.375263 IN THE OFFICE OF THE EAGLE COUNTY, COLORADO,CLERK AND RECORDER;THENCE ALONG THE WESTERLY LINE OF SAID RIDGWAY HOMESITES THE FOLLOWING TWENTY COURSES:1)S55°18'52"E 39.07 FEET;2)S13°57'07"E 94.36 FEET;3)S02°26'31"W 102.12 FEET;4)S10°11'04"E 162.55 FEET;5)S21°41'20"W 49.61 FEET;6)S21°45'20"W 42.24 FEET;7)S04°33'07"W 118.59 FEET;8)S68°23'47"W 91.12 FEET;9)S49°19'47"W 106.40 FEET;10)S29°25'00"W 141.10 FEET;11)S09°13'43"W 14.02 FEET;12)S16°53'54"E 148.42 FEET;13)S39°21'48"E 114.49 FEET;14)S83°59'43"E 63.74 FEET;15)S23°07'03"E 34.39 FEET;16)S23°17'06"W 42.02 FEET;17)S51°16'48"E 30.23 FEET;18)S02°55'12"E 72.60 FEET;19)S24°37'55"E 51.71 FEET;20)S04°05'58"W 36.87 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 3 RIDGWAY HOMESITES ALSO BEING THE SOUTHERLY LINE OF SAID TRACT 66; THENCE ALONG SAID SOUTHERLY LINE N87°30'52"W 760.66 FEET TO CORNER AP 5 TRACT 66 AND CORNER AP 6 TRACT 67 REFERENCED BY A FOUND 30 FOOT WITNESS CORNER BEING A 3 1/4”ALUMINUM CAP ON A NO.6 REBAR;THENCE ALONG THE SOUTH LINE OF TRACT 67 N89°50’06”W 165.49 FEET TO THE CENTERLINE OF BRUSH CREEK ROAD;THENCE DEPARTING SAID SOUTH LINE AND ALONG SAID CENTERLINE THE FOLLOWING TWENTY COURSES:1)175.88 FEET ALONG THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 806.14 FEET,A DELTA ANGLE OF 12°30'02",AND A CHORD THAT BEARS N14°42'37"W 175.53 FEET;2)N20°57'38"W 149.13 FEET;3)218.82 FEET ALONG THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 495.09 FEET,A DELTA ANGLE OF 25°19'23",AND A CHORD THAT BEARS N33°37'20"W 217.04 FEET;4) N46°17'01"W 201.67 FEET;5)219.83 FEET ALONG THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 418.98 FEET,A DELTA ANGLE OF 30°03'41",AND A CHORD THAT BEARS N31°15'11"W 217.31 FEET;6)N16°13'20"W 419.17 FEET;7)103.42 FEET ALONG THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 780.12 FEET,A DELTA ANGLE OF 7°35'44",AND A CHORD THAT BEARS N12°25'28"W 103.34 FEET;8)N08°37'36"W 93.72 FEET;9)182.18 FEET ALONG THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 1297.57 FEET,A DELTA ANGLE OF 8°02'40",AND A CHORD THAT BEARS N12°38'56"W 182.03 FEET;10)N16°40'16"W 94.78 FEET;11)174.52 FEET ALONG THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 1090.26 FEET,A DELTA ANGLE OF 9°10'17",AND A CHORD THAT BEARS N21°15'25"W 174.33 FEET;12)N25°50'34"W 60.28 FEET;13)172.19 FEET ALONG THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 484.96 FEET,A DELTA ANGLE OF 20°20'36",AND A CHORD THAT BEARS N36°00'51"W 171.29 FEET;14)N46°11'09"W 555.64 FEET;15)80.96 FEET ALONG THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 2299.07 FEET,A DELTA ANGLE OF 2°01'03",AND A CHORD THAT BEARS N47°11'41"W 80.95 FEET;16) N48°12'13"W 553.16 FEET;17)229.50 FEET ALONG THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 997.15 FEET,A DELTA ANGLE OF 13°11'13",AND A CHORD THAT BEARS N54°47'50"W 228.99 FEET;18)N61°23'26"W 167.42 FEET;19) 224.37 FEET ALONG THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 607.37 FEET,A DELTA ANGLE OF 21°09'56",AND A CHORD THAT BEARS N50°48'28"W 223.09 FEET;20)N40°13'30"W 545.59 FEET TO THE WEST LINE OF SAID TRACT 67;THENCE ALONG SAID WEST LINE N00°02'04"E 29.88 FEET TO A FOUND NO.5 REBAR ON A 1 1/2"ALUMINUM CAP LS #23089 MARKING THE SOUTHWEST CORNER OF A PARCEL RECORDED IN BOOK 82 AT PAGE 475 IN THE OFFICE OF THE EAGLE COUNTY COLORADO CLERK AND RECORDER;THENCE S40°13'30"E 29.80 FEET TO A FOUND NO.5 REBAR ON A 1 1/2"ALUMINUM CAP LS #23089 MARKING THE SOUTHEAST CORNER OF SAID PARCEL;THENCE N00°00’44”E 388.89 FEET TO A FOUND NO.5 REBAR AND 1 1/2"ALUMINUM CAP LS #23089 MARKING THE NORTHEAST CORNER OF SAID PARCEL ON THE NORTH LINE OF SAID TRACT 67;THENCE ALONG SAID NORTH LINE S89°22’42”E 1396.84 FEET TO THE POINT OF BEGINNING,CONTAINING 131.33 ACRES,MORE OR LESS,COUNTY OF EAGLE,STATE OF COLORADO 27 EXHIBIT B Brush Creek Valley Ranch and Open Space Management Plan and Management Plan Supplement DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 November 2018 Brush Creek Valley Ranchand Open Space Management Plan EAGLE COUNTYOpen Space ii Table of Contents Acknowledgments............................................................................................................... iv Adopted and Approved ........................................................................................................ v Brush Creek Valley Ranch and Open Space Vision ............................................................. vi Introduction ........................................................................................................................ 1 Eagle County Open Space ............................................................................................... 1 Conservation Easement .................................................................................................. 1 Purpose of the Management Plan .................................................................................. 2 Role of Eagle Valley Land Trust ....................................................................................... 3 Public Process and Involvement ..................................................................................... 3 History ............................................................................................................................. 4 Existing Conditions .............................................................................................................. 9 Property and Easements ................................................................................................. 9 Natural Resources ......................................................................................................... 10 Agricultural Resources .................................................................................................. 15 Recreation and Access .................................................................................................. 24 Existing Plans and Policies............................................................................................. 27 Partner, Stakeholder, and Public Comment ..................................................................... 28 Public Comment – Scoping Period ................................................................................ 28 Field Testing and Concept Review ................................................................................ 30 Public Comment – Draft Management Plan ................................................................. 31 Name of Property ......................................................................................................... 31 Management Recommendations ..................................................................................... 32 Goals and Implementation ........................................................................................... 32 Management Emphasis Zones ...................................................................................... 33 Management Actions .................................................................................................... 35 Implementation ................................................................................................................ 53 Implementation Priorities ............................................................................................. 53 References ........................................................................................................................ 55 iii Appendices Appendix A – Maps Figure 1. Property Location Map Figure 2. Irrigated Area Map Figure 3. Ranch Area Map Figure 4A. 2017 Baseline Noxious Weed Map Figure 4B. Noxious Weed Mitigation Map 2018 Figure 5. Regional Map with Existing Trails Figure 6. Management Emphasis Map Figure 7. Implementation Map – North Figure 8. Implementation Map – South Appendix B – Public Comment Appendix C – Conservation Easement Appendix D – Existing Plans, Documents and Policies 2017 Baseline Documentation Report 2011 Brush Creek Watershed Management Plan 2005 Eagle County Comprehensive Plan 2010 Eagle Area Community Plan 2001 Eagle Valley Regional Trails Plan 2014 Eagle Area Trails Plan Record of Decision and Approved Resource Management Plan (RMP) iv Brush Creek Valley Ranch and Open Space Management Plan November 2018 Acknowledgments Prepared by: Eagle County Open Space Department Phillip Kirkman, Open Space Ranger and Natural Resource Specialist Diane Mauriello, Open Space Manager Eagle County Open Space Advisory Committee Tom Edwards, Chair Tom Henderson Bill Heicher Josh Lautenberg Ann Luark Chupa Nelson Robert Schultz Eagle County Board of County Commissioners Kathy Chandler-Henry, Chair Jeanne McQueeney, Commissioner Jillian H. Ryan, Commissioner With professional assistance from: Bill Mangle, ERO Resources Corporation Amy Cassidy, Amy L Cassidy Consulting With support for the acquisition from: Eagle Ranch Wildlife Committee Eagle Valley Land Trust Great Outdoors Colorado (GOCO) The Conservation Fund Town of Eagle Private Donations With technical assistance from: Bureau of Land Management (BLM) Colorado Parks & Wildlife (CPW) Colorado State University Extension Service (CSU) Eagle County Historical Society Natural Resources Conservation Service (NRCS) Town of Eagle Open Space Coordinator, John Staight Adopted and Approved This Brush Creek Valley Ranch and Open Space Management Plan is hereby approved on _________ , by the Eagle County Board of County Commissioners and Eagle Valley Land Trust. Attest: BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO By: _____________ _ Kathy Chandler-Henry, Chair By: _____________ _ Regina O'Brien, Eagle County Clerk and Recorder V DocuSign Envelope ID: C0A75D21-D350-489B-BB40-8BC98CFA401A 11/13/2018 vi Brush Creek Valley Ranch and Open Space Vision Brush Creek Valley Ranch and Open Space is a community asset that preserves our region’s ranching heritage, visual character, and landscapes of the Brush Creek valley. The property protects wildlife habitat and provides opportunities for public access, recreation, and education for future generations. With restoration, diligent stewardship, and conservation-oriented management, the property provides resilient open space that is adaptable to changing conditions. Opportunities are plentiful for the property to serve as a model for successful agricultural practices, recreational access and habitat conservation on public open space. Brush Creek Valley Ranch and Open Space, looking north from the southern boundary 1 THE BRUSH CREEK VALLEY RANCH AND OPEN SPACE MANAGEMENT PLAN Introduction Eagle County Open Space The Brush Creek Valley Ranch and Open Space Management Plan is a product of Eagle County Open Space. The mission of the Eagle County Open Space program is to acquire or preserve properties that meet one or more of the following goals: • Protect wildlife habitat or wildlife movement corridors • Maintain scenic quality and viewsheds that contribute to Eagle County’s sense of natural beauty • Protect riparian areas, floodplains, and other sensitive, unique, or endangered ecosystems and environments • Provide access to rivers, streams, and public lands and improve opportunities for high-quality dispersed recreation • Preserve working farms and ranches that provide a sense of heritage and history • Provide physical and visual buffers to promote community separation and distinction Open Space Advisory Committee Before a property like Brush Creek Valley Ranch and Open Space is acquired by Eagle County, the Open Space Advisory Committee (OSAC) considers its mission and, using specific criteria, provides recommendations to the Board of County Commissioners about whether to fund a project. Conservation Easement The Brush Creek Valley Ranch and Open Space project was funded by Eagle County due to its unique attributes or values. The land and its values are protected by a Conservation Easement. A Conservation Easement is a voluntary legal agreement between a property owner and a third party. Eagle County is the owner of Brush Creek Valley Ranch and Open Space, and Eagle Valley Land Trust holds the Conservation Easement. The Conservation Easement conserves land by identifying conservation values and imposing certain restrictions to conserve these values. As the landowner, Eagle County must balance the conservation values and consider the restrictions identified in the conservation easement when making decisions concerning the management and operation of the property. All activities on Brush Creek Valley Ranch and Open Space must comply with the Conservation Easement. In the event of a conflict 2 between this Management Plan and the Conservation Easement, the Conservation Easement shall govern. The conservation values identified in the Conservation Easement (Appendix C) for the property are: • Open Space o Scenic Enjoyment pursuant to clearly delineated public policies o Agriculture o Significant public benefit • Public Recreation or Education • Relatively Natural Habitat Purpose of the Management Plan The acquisition of the property in 2017 was the most significant step towards the long- term protection of the conservation values that it provides. This is an achievement that the community can be proud of, and the benefits of the property’s conservation will be felt for generations to come. The purpose of this Management Plan is to provide a framework for the long-term improvement, stewardship, and public use of the property so that it will continue to be an asset to the community. This Management Plan is intended to assist Eagle County, the landowner, with the day- to-day operation of the property, while also establishing the vision for long-term stewardship of the land. This Plan will be reviewed at least every 5 years and may be amended if determined necessary, in accordance with the terms of the Conservation Easement. This Plan is intended to be flexible and it is acknowledged that conditions on the property will change. This Plan is intended to achieve the following objectives: • State the management goals for the property • Further document existing conditions and management issues on the property • Provide a framework for balancing the various uses that may occur on the property and conservation values identified in the Conservation Easement • Identify goals, actions, and priorities for the property and communicate them to user groups, visitors, stakeholders, and the community • Facilitate communication between Eagle County and Eagle Valley Land Trust about management issues affecting conservation values This Plan is not intended to: • Act as an Annual Operating Plan • Act as a Capital Improvement Plan • Provide a detailed budget for operations and improvements on the property • Outline detailed monitoring methods or approaches 3 • Serve as a Request for Proposal for future lease agreements or terms on the property The Conservation Easement and the grant from Great Outdoors Colorado require that a management plan be put in place. Role of Eagle Valley Land Trust Eagle Valley Land Trust, as holder of the Conservation Easement, is entitled to notice and the right to approve certain activities as more fully set forth in the Conservation Easement. Sections 19 and 20 of the Conservation Easement specify the notice and approval process. Eagle County is identified as “Grantor” and Eagle Valley Land Trust is “Grantee” in the Conservation Easement: Section 19 of the Conservation Easement, Grantor’s Notice: Where Grantor’s notice is required in this Deed, Grantor shall notify Grantee in writing not less than sixty (60) calendar days prior to the date Grantor intends to undertake the activity in question. The written notice shall describe the proposed activity in sufficient detail (i.e. location, size, scope, design, nature) to allow Grantee to evaluate the consistency of the proposed activity with the pertinent terms of this Easement. Section 20 of the Conservation Easement, Grantee’s Approval: Where Grantee’s approval is required in this Deed, Grantee shall grant or withhold its approval in writing within thirty (30) calendar days of receipt of Grantor’s written notice thereof. Grantee’s decision may be withheld if Grantee is unable to immediately evaluate the proposed action and so notifies Grantor within such thirty (30) day period. Grantor shall not engage in the proposed act or use until Grantor receives Grantee’s approval in writing. As part of its determination, Grantee shall consider the proposed manner in which the proposed activity will be conducted, whether it complies with the terms of this Easement, and the likely impact on the Conservation Values. Grantee’s approval may be withheld if Grantee reasonably determines that the activity as proposed is inconsistent with the Purpose. Grantee may condition its approval on Grantor’s acceptance of modifications, which Grantee reasonably determines make the proposed activity consistent with the Purpose. Grantor shall pay reasonable costs associated with technical evaluations of the proposed use or activity, including legal fees and resource specialist fees, provided that such amount has been agreed upon by Grantor and Grantee in advance. This Management Plan may be amended from time to time in accordance with Section 4 of the Conservation Easement. Public Process and Involvement The size and location of the property, wide variety of potential users, and public support and engagement in acquiring the property emphasized the need for a public process. As a result, Eagle County was committed to involving the public in the management planning process. Planning for the management of Brush Creek Valley Ranch and Open Space brought stakeholder groups together, assuring consideration of all relevant positions and perspectives. The management planning team held meetings with stakeholders, experts, funding partners, neighbors, potential user groups, and the general public. Input was solicited through one-on-one meetings, through open houses, and via an online comment form. 4 The meetings were held during an initial scoping period that was followed by field testing and concept review. The Plan was then presented to the public and made available for further public comment before its adoption. These comments were considered in the drafting of the Plan. See Appendix B. History Ranch History As told by Eagle County Historical Society According to Eagle County Historical Society archives, agriculture came to Eagle County in November 1880 when Park County rancher John Love hired two cowboys, Webb Frost and George Wilkinson, to drive 400 head of cattle to the Brush Creek valley. Love wrongly assumed that the wind would blow the snow off the ground (as it does in Park County), so the cattle would be able to graze throughout the winter. That is certainly not true of Eagle County. The cowboys quickly became snowbound in their cabin. There are two very different endings to this story in Historical Society records. One version suggests that the cowboys turned the cattle loose, the animals scattered from Brush Creek to Dotsero for the remainder of the winter, and by spring, the herd had been reduced to a mere 30 animals. Another, more optimistic version of the story suggests that only one cow was lost when it drowned in the Eagle River. Regardless, after the Photo courtesy of Eagle County Historical Society and Eagle Valley Library District 5 introduction of those first cattle, agriculture became a driving factor in Eagle County’s economy for the next 80 years. The earliest record of a homestead on the property dates to 1890 and belongs to Albert D. McKenzie, a prominent rancher who went on to become a county commissioner. McKenzie Gulch, a popular hunting/hiking area on Upper West Brush Creek, is named for him. Before the formal homestead claim was filed, records indicate that cowboy Webb Frost and another early settler, Henry Hernage, informally claimed most of the land in the Brush Creek valley by stringing a wire between two widely separated cottonwood trees and posting signs on either side claiming ownership of all property either above or below the sign. That was not a valid land claim, even back in the days of homesteading. Webb Frost had a particular love for Brush Creek, and he claimed several different homesteads in the valley over a period of years. By 1899, stockman John Love (the money man who first brought cattle to Eagle County) had established a 640-acre ranch on the property. A brief biography of Love published in 1899 reported that the property “has an abundance of mountain water for irrigation, is improved with a neat residence, good barns, etc.” The report also notes, “When he came here the land was raw, but under his supervision it has been brought under excellent cultivation, and is now very valuable.” Love served on the school board and was elected county commissioner in 1887. That same year, he paid the largest amount of property taxes on Brush Creek. The flat parcel of land above the ranch headquarters was long known as “Love Mesa.” There is a small, private cemetery on the property that is of particular interest to the Historical Society. Among the people buried there are John Love’s first wife, Ellen, and that early-day cowboy, Webb Frost. The Historical Society considers this small graveyard to be significant. Gravesite of Ellen S. Love, located on the property 6 John Love’s second wife was Angelina Newcomer, the widow of an early settler from the Burns area in northwest Eagle County. When John Love retired to town (Eagle) in the early 1900s, his stepson, Frank Newcomer, took over the ranching operation. The Hardscrabble Ranch property eventually became known as the Newcomer Ranch (a consolidation of numerous smaller ranches). Agricultural History In her book, A Cup of Clear Cold Water Life on Brush Creek, Helen Dice describes life on Brush Creek from 1931 through 1945. “Cattle ranching has been a way of life since Brush Creek was settled. Hay, grain, and fabulous crops of russet potatoes were grown in later years. A few hardy souls tried to raise lettuce, but it was an unsuccessful venture. Little ranches up and down Main, East and West Brush Creeks contributed to the economy of the area.” In addition to cattle ranching, she refers to raising chickens and turkeys, primarily for personal use, although turkeys did well and she “always had quite a few to sell.” Dice also writes about her personal garden that “flourished,” which included root vegetables, cabbage, cauliflower, peas, beans, and lettuce, as well as a number of fruit trees. The book includes a chapter on wild berries and other wild plants that grew along Brush Creek and in the valley. Conversations with local ranchers, who have extensive and firsthand knowledge of the agricultural history of the property, corroborate Dice’s statement about cattle ranching Photo courtesy of Eagle County Historical Society and Eagle Valley Library District 7 as the main use of the property. In the 1920s and 1930s, potatoes were grown in the area and were a successful cash crop, while recent agricultural history indicates that the property has been used primarily for cattle and hay production since the early 1970s. Recent History Fred Kummer and HBE Corporation purchased and began developing the property that includes Brush Creek Valley Ranch and Open Space around 1973. Kummer originally envisioned a ski resort at the site, but after decades of opposition from Eagle County residents, he changed the focus to golf and home sites. Kummer sold the property to Brue Capital Partners, now Brue Baukol Capital Partners (BBCP), in 2015. BBCP subsequently sold the 1540-acre portion of the property that is now Brush Creek Valley Ranch and Open Space to The Conservation Fund, who helped coordinate the transaction and transfer of land to Eagle County in 2017. History of the Project The purchase of Brush Creek Valley Ranch and Open Space is the culmination of many years of effort to preserve the Brush Creek valley. The land was once included in the plan to develop the Adam’s Rib ski area. Today, the ranch is the last undeveloped piece of the original Adam’s Rib development plan and the last property of its kind in the Brush Creek valley. The ranch is visible from both sides of Brush Creek Road for just over 3 miles and includes approximately 2.5 miles of Brush and Salt Creeks. Meaningful discussions about the possible purchase of the ranch began in 2016, and Eagle County was able to purchase the land with significant support from the following partners: • Eagle Ranch Wildlife Committee • Eagle Valley Land Trust • Great Outdoors Colorado (GOCO) • The Conservation Fund • Town of Eagle • Private donations On December 11, 2017, Eagle County acquired the 1540-acre property for $15.5 million, subject to a protective Conservation Easement held by Eagle Valley Land Trust. Name of the Property In the years prior to acquisition and during this management planning process, the property was referred to as the “Hardscrabble Ranch.” During the acquisition and planning process, it became clear that the use of “Hardscrabble” was a source of confusion as “Hardscrabble” is used extensively to refer to different properties and land areas. Further, according to the Eagle County Historical Society, the Hardscrabble Ranch name for the property is not historically significant. 8 The effort to identify a new name for the property occurred on the same timeline as the development of this Management Plan for the property. • Staff initially worked with the Eagle County Historical Society and Open Space Advisory Committee to identify potential names • Names were sought from the public at each public outreach session during the management planning process • Proposed names were provided to the Eagle County Attorney’s Office to ensure the names were available for use, and several names were eliminated • A condensed list of names was presented to the public. The community was able to vote for their preference at the Draft Management Plan presentation and online during the Draft Management Plan public comment period. The final name – Brush Creek Valley Ranch and Open Space – has been approved by the Board of County Commissioners and is used throughout this Plan. 9 Existing Conditions Property and Easements Location and Description The Brush Creek Valley Ranch and Open Space property encompasses about 1,540 acres of land within the Brush Creek valley, about 1 mile southeast of Eagle, Colorado. The property includes the valley floor, which is dominated by irrigated hay meadows, and upper foothills and benches that are dominated by sagebrush shrublands and woodlands. The property includes about 2.5 miles of Brush Creek, whose riparian corridor is a defining visual and environmental feature on the property. Maps showing property parcels, boundaries, and existing infrastructure are found in the baseline documentation report (see Appendix D). Building Envelopes The Conservation Easement allows for two primary building areas on the property, and four access areas. Surveyed legal descriptions for these areas can be found in Exhibits A- 1 through A-6 of the Conservation Easement. This section addresses those building and access areas that are currently in use or anticipated for use in the near term on the property. Other possible future access areas are addressed under Management Recommendations and Implementation. 10 • Ranch Headquarters Building Area – about 20 acres including multiple structures, roads, and yard areas • Recreation and Education Building Area – about 8 acres that currently includes two structures and a disturbed area • Trail Gulch Trailhead Access Parking Area – about 0.4 acre at the base of Trail Gulch along Old Salt Creek Road A more detailed explanation and legal description for these areas can be found in the Conservation Easement (Appendix C). Natural Resources The property supports habitat types typical of Colorado’s Western Slope mountain valleys. The following description of vegetation, habitat, and wildlife conditions on the property is based on existing plans and studies and on field observations during this planning process. Vegetation Communities The property encompasses the Brush Creek valley floor and adjacent hillsides and foothills. The valley floor is dominated by riparian communities and irrigated hay meadows and pastures. The upper hillsides and foothills are dominated by dryland pasture and shrubland communities. As documented in the 2017 baseline documentation report (Rare Earth Science 2017), the primary vegetation communities are summarized as follows: • Riparian habitat – Riparian and wetland vegetation is found along Brush Creek, Salt Creek, and Trail Gulch, and is dominated by stands of shrub willow, narrowleaf cottonwood, and occasional hawthorn and silver buffaloberry. Understory vegetation includes wetland species along stream channels and native and introduced grasses in drier sites. • Irrigated lands – Irrigated pastures consist of hay meadows dominated by smooth brome and other pasture forbs and grasses. Several irrigated areas have infestations of herbaceous weeds, including knapweed, whitetop, and thistle. • Dryland pasture – Dryland pasture (non-irrigated or formerly irrigated) includes a mix of pasture grasses, shrubland species, and noxious weeds. • Sagebrush shrublands – Terrace areas on the fringes of agricultural lands are dominated by big sagebrush, rabbitbrush, Utah serviceberry, and fringed sage. Understory grasses include western wheatgrass, needle-and-thread grass, muttongrass, Indian ricegrass, and others. 11 • Pinyon-juniper woodland/shrublands – Upper slopes of the property are dominated by pinyon pine and Utah juniper, with an understory that is similar to the adjacent sagebrush shrubland community. Vegetation communities generally correspond to dominant soil types, which include gravelly loams on the valley floor transitioning to steep gypsum hillsides and stony loams in the upper ridges above Salt Creek. Soils are described in detail in the baseline documentation report (see Appendix D). Significant Plant Communities The most significant plant communities for long-term conservation and management include riparian habitat and sagebrush shrublands. Riparian Habitat Riparian areas along Brush Creek, Salt Creek, and Trail Gulch contain a high diversity of woody riparian and wetland vegetation, which supports a broad range of wildlife species including migratory songbirds, nesting raptors (including bald eagle, which have not been observed on the property during field testing), amphibians, small mammals, and aquatic organisms including fish. Larger mammals, including mule deer, elk, and broad-ranging carnivores, use these areas for food, water, cover, and movement corridors. Beaver-supported wetlands along Salt Creek provide a unique habitat resource for fish, songbirds, and waterfowl. Riparian habitat along Brush Creek is in moderate to good condition. The westernmost reach (west of the ranch headquarters) is in a degraded condition due to livestock browsing, while the southernmost reach near Salt Creek is dense and is generally overcrowded with little structural diversity or succession. Riparian habitat along Brush Creek 12 Several of the irrigation ditches also contribute to limited riparian habitat, either from large cottonwood and willow trees growing along their banks, or from the wetland and riparian vegetation that is supported by irrigation tailwaters at the bottom of fields. Harrington’s Penstemon Habitat Sagebrush shrublands provide habitat for Harrington’s penstemon, a rare plant that is tracked by the Colorado Natural Heritage Program as “globally/state vulnerable.” The upper terraces on the southeast edge of the property contain potential habitat for this species and are adjacent to BLM lands that are managed for the conservation of this species within the Hardscrabble–East Eagle Area of Critical Environmental Concern (ACEC). Noxious Weeds The property has significant issues associated with noxious weed infestations. The 2017 baseline documentation report identified 138 acres of significant noxious weed infestations, and a much larger area contains spot or partial patches of weeds. The Colorado Noxious Weed Act classifies noxious weeds into three lists: List A species are designated for eradication, List B species are targeted for weed management efforts to stop their continued spread, and List C species should be managed by effective weed management approaches based on local government priorities. Noxious weeds identified on the property include the following: •List A species – none have been identified on the property •List B species – Canada thistle, musk thistle, spotted knapweed, plumeless thistle, hoary cress (aka whitetop), houndstongue •List C species – downy brome (aka cheatgrass) Noxious weed infestations on the property are generally concentrated in the upper pastures in the northern portion of the property (Mesa Pasture and the Flats) and are also prevalent in the Salt Creek Pastures (see Table 1 under Agricultural Resources and Appendix A, Figure 10, for pasture descriptions). The location and extent of these infestations is a significant management issue, as these weeds threaten the quality and integrity of several pasture areas, degrade habitat for wildlife, and could continue to spread throughout the property and onto adjacent properties. In 2018, Eagle County has been working to aggressively control noxious weeds on the property, with financial assistance from the Colorado Department of Agriculture. To date, about 170 acres have been treated, with a focus on the Mesa Pasture, the Flats, the Hardscrabble Pasture, and the Salt Creek Pastures (Appendix A, Figure 4B). Wildlife Habitat The property supports habitat for a broad range of wildlife species that are typical of mountain valleys. Wildlife habitats of primary conservation and management interest include riparian areas and seasonal ranges for elk. 13 As described in the baseline documentation report (Rare Earth Science 2017; see Appendix D), the property provides habitat for a variety of birds, large mammals, small mammals, and other species. These are briefly summarized below. • Birds – The property contains habitat for many migratory songbirds, great blue heron, and wild turkey. Waterbirds including mallard and American dipper have been found on ponds. Raptors on the property include red-tailed hawk, great- horned owl, and American kestrel. Bald eagle have been documented in the past roosting on the property and foraging along Brush Creek (CPW 2017). • Small mammals – A variety of small mammals including mice, voles, raccoon, and rabbits are found on the property, as well as small carnivores such as coyote, red fox, badger, and bobcat. • Large mammals – The property provides habitat for wide-ranging mammals and game species including mule deer, elk, black bear, and mountain lion. Seasonal ranges for elk and mule deer are of particular management interest, described below. • Reptiles and amphibians – Several common species occur on the property, including Woodhouse’s toad, garter snake, and bull snake. The property contains potential habitat for Northern leopard frog, a state sensitive species, but none have been confirmed on the property. • Fish – Both Brush Creek and Salt Creek support populations of rainbow and brown trout. Based on surveys conducted by CPW in 2018, the reaches through the ranch have relatively few fish, with about 10 percent of the number found elsewhere on Brush Creek (Wescoatt, pers. comm. 2018). CPW-Tracked Species CPW tracks wildlife species that are regionally important for hunting and overall conservation, including sensitive or seasonal activity areas. The analysis area contains activity areas mapped by CPW for bald eagle, great blue heron, wild turkey, elk, and mule deer (CPW 2017). Definitions of habitat areas can be found at https://cpw.state.co.us/learn/Maps/CPW-Public-GIS-Species-Activities-Definitions.pdf. Bird Species The property contains a previously documented roost site and foraging habitat for bald eagle. No eagle activity has been observed in recent years. Riparian habitat along Brush Creek at the western edge of the property was historically a great blue heron nesting area, and the entire riparian corridor provided foraging habitat. The southern and southwestern edges of the property are mapped as winter range for wild turkey. Elk The entire property is summer range for elk, and most of the area is considered winter range. The upper reaches of the property (sagebrush and shrubland habitats) are 14 considered Severe Winter Range and a Winter Concentration Area. Documented migration corridors occur across the property in a northeast-southwest direction to access broader ranges on BLM land. Although it is not documented in CPW mapping, the upper canyon in the northeast corner of the property is known to be routinely used by elk for calving, and in 2018 elk calving was documented along the Brush Creek riparian corridor in the western extent of the property. Existing trails on BLM lands surrounding the property are closed to mountain bike use seasonally from December 1 to April 15 to protect winter ranges for elk and mule deer. Mule Deer The entire property is summer and winter range for mule deer, and the upper reaches are considered Severe Winter Range and a Winter Concentration Area. A north-south migration corridor is mapped along the eastern boundary of the property. Aquatic Habitat and Fisheries Based on preliminary assessments, aquatic habitat in Brush Creek through the property is in poor to moderate condition. The creek has limited in-stream habitat diversity (such as meanders, boulders, riffles, and pools), and the riparian habitat is degraded in some areas. The reach of Salt Creek on the property contains beaver-supported wetlands and ponds, which provide some in-stream habitat and diversity for fish. Elk congregating in the “canyon pasture”; northeast corner of the property 15 In 2018, CPW conducted a fish survey along several reaches of Brush Creek, including those on the property. The survey found that the fishery on Brush Creek is poor and nonproductive, with about 40 fish found on the property. By comparison, other reaches of Brush Creek had over 400 fish (Wescoatt, CPW, pers. comm. 2018.). Summary of Key Issues and Priorities – Habitat Management • The property provides opportunities to improve upon and maintain wildlife and riparian habitat • Noxious weed infestations are significant and pose an immediate threat to the quality and integrity of hay fields and wildlife habitat • Riparian habitat along Brush Creek and Salt Creek provides important habitat for a variety of wildlife species • Riparian habitat is in moderate to good condition; some areas are degraded from livestock use or a lack of vegetative diversity and succession • The property provides winter habitat and movement corridors for elk, mule deer, and other species and provides a calving area for elk • Areas dominated by sagebrush shrublands provide potentially suitable habitat for Harrington’s penstemon, a rare and sensitive plant species Agricultural Resources Agriculture is one of the conservation values identified in the Conservation Easement. Most of the property is currently managed as a working ranch and is used for hay production, livestock grazing, and pasturing of horses. About 420 acres of land is used for irrigated pasture or hay meadow, and about 150 acres is dryland pasture. Existing agricultural management conditions are described in the following sections. Ditches and Irrigation Irrigation on the ranch is accomplished by flood irrigation, with lateral ditches maintained along the upper edges and on contour across the fields to spread the water. Tarp dams and wood check structures are used to check the water at temporary turnouts in the ditches. The condition of the ditches and irrigated fields ranges from good to fair for the hay meadows served by the larger ditches to poor for the pastures and smaller ditches in the southern part of the ranch. The County has identified the need to improve the vegetation conditions on pastures by developing adaptable grazing and vegetation management strategies. The ditches and irrigated meadows are grouped by location of the irrigated area on the Brush Creek Valley Ranch and Open Space parcels (Salt Creek, Ridgway, and Upper Ranch parcels), listed below and shown on Figure 10. Salt Creek ditches: • East Frost Ditch • Borah Ditch • Salt Creek Ditch Ridgway ditches: • McKenzie Ditch • Love Frost Ditch • Upper Frost Ditch Upper Parcel ditches: • Love & White Ditch • Wilkinson Ditch • Hollingsworth Potter Ditch 16 The County’s objective for irrigation management on the property is to continue to use and maintain the irrigation facilities and meadows on the property for agriculture. This will require a combination of rehabilitation and routine maintenance on the ditches and irrigated fields. Other improvements may also be identified from time to time to make the irrigation more productive or efficient, from the standpoint of both labor required and water supply, but before such improvements are implemented, efficiencies would need to be weighed against the impacts on wetland and riparian areas. In addition, such improvements would be better evaluated after the County acquires some experience with the system in its current condition. The water rights for irrigation on the property are subject to the Brush Creek Watershed Management Plan (Brush Creek Plan), which was adopted in 2011 by various owners on Brush Creek and the Town of Eagle (see Appendix ). The stated goals of the Brush Creek Plan are maintaining sufficient streamflow to support the stream aquatic environment, protecting and improving the water quality of Brush Creek and its tributaries, and establishing and promoting land and water management practices that serve and protect the natural resources in the watershed. The Brush Creek Plan specifies limitations on diversion rates by the ditches located throughout the reach of Brush Creek from upstream of the property to the confluence with the Eagle River. Diversion limits are scaled depending on the streamflow at Eagle and the month of the season. When the Brush Creek Plan is being administered, the flow rates are generally reduced. A Restrictive Covenant (dated July 31, 2017; recorded at reception number 201714629 with the Eagle County Clerk and Recorder) put in place by a former owner of the property and affecting the use of the County’s water rights restricts the operation of the ditches to comply with the terms of the Brush Creek Plan. Looking south along the Love & White Ditch 17 Irrigation Condition and Management Considerations In 2018, the County’s water engineer, Spronk Water Engineers, Inc., conducted an assessment of the ditches and irrigation infrastructure during the irrigation season, and a representative of the USDA-NRCS performed a cursory review of the irrigation infrastructure (Jaouen 2018). In addition, the Eagle County Conservation District conducted inventories of the Wilkinson and Love & White Ditches in 2016 (ECCD 2016a and b). Key findings from these reviews are summarized as follows: • The Love & White Ditch requires the replacement of about 1,000 feet of pipe and repairs to several culverts, incline headgates, and turnouts, as well as repairs to the diversion structure. • The Hollingsworth Potter Ditch does not consistently or dependably reach or irrigate the Mesa Pasture area that was historically served. • The Salt Creek Pastures under the Borah and Salt Creek ditches appear to be over irrigated, which may be due to a high water table or infrastructure problems. • All ditches require routine maintenance including clearing and grading, maintaining dams and headgates, and upkeep of management flumes. Irrigated and Non-irrigated Pasture The property contains about 420 acres of irrigated pasture and hay meadows, and about 150 acres of non-irrigated dryland areas. These areas are described in detail in Table 1 and on Figure 10 of Appendix A. Key elements of the existing pastures include the following: • The large, reliably irrigated hay meadows – including Hardscrabble Meadow, Mesa Hay Meadow, and Big Meadow (map ID 10, 16, and 17) – are in generally good to fair condition and are pivotal to the agricultural and scenic value of the property. • The Horse Pasture area (map ID 19) is in fair condition but also contains riparian habitat values and recreational value associated with fishing access. • The Salt Creek Pastures (map ID 1–7) are in poor to fair condition due to noxious weeds and overgrazing, and also contain riparian habitat values and scenic values. • Mesa Pasture and Lower Canyon Pastures (map ID 13–15) are not reliably irrigated and are in poor condition, with infestations of noxious weeds. • The Flats and upper Canyon Pasture areas (map ID 20–21) are not irrigated and are in poor condition due to overgrazing. 18 Table 1. Brush Creek Valley Ranch and Open Space – Irrigated and Non-irrigated Pastures Pasture Map ID Size (acres) Irrigated? Water Source Condition (2018)* Notes Salt Creek Area Borah A 1 10.1 Yes Borah Ditch Fair Noxious weeds Salt Creek A 2 2.2 Yes Salt Creek Ditch Poor to Fair Potential trailhead location; some noxious weeds Salt Creek B 3 4.2 Yes Salt Creek Ditch Fair “Salt Creek Pastures”; noxious weeds prevalent Salt Creek C 4 10.1 Yes Salt Creek Ditch Fair “Salt Creek Pastures”; noxious weeds prevalent East Frost A 5 32.3 Yes Hollingswo rth Potter No. 2 Poor “Salt Creek Pastures”; noxious weeds and willow encroachment Love-Frost A 6 1.8 Yes Love Frost Ditch Poor Heavy weed infestation due to overgrazing, willow encroachment, and limited irrigation Early-summer pasture grasses in the Salt Creek area 19 Pasture Map ID Size (acres) Irrigated? Water Source Condition (2018)* Notes Love-Frost B 7 5.6 Yes Love Frost Ditch Poor Heavy weed infestation due to overgrazing, willow encroachment, and limited irrigation Subtotal Acres 66.3 Ridgway Area Upper Frost A 8 42.6 No Upper Frost Ditch Good to Fair “Dryland Pasture”; native dryland condition; overgrazed Hardscrabble Pasture; Love-Frost C 9 36.5 Yes Love Frost Ditch Poor Heavily overgrazed with weed infestation Hardscrabble Meadow; Love-Frost D 10 63.4 Yes McKenzie Ditch Good to Fair Heavy seasonal overgrazing and irrigation issues Subtotal Acres 142.6 Upper Ranch Area Love-Frost E 11 11.1 Yes Love Frost Ditch Fair Heavy seasonal overgrazing, noxious weeds, and irrigation issues Love-Frost F 12 6 Occasional Love Frost Ditch Poor Heavily used for livestock Mesa Pasture; H-P A 13 48.2 Occasional Hollingswo rth Potter Ditch Poor Significant noxious weed infestation Lower Canyon Pasture; H-B B 14 3.6 Occasional Hollingswo rth Potter Ditch Poor Noxious weeds prevalent Lower Canyon Pasture; H-B C 15 6.4 Occasional Hollingswo rth Potter Ditch Poor Noxious weeds prevalent Mesa Hay Meadow; L&W A 16 97.1 Yes Love & White Ditch Good to Fair Big Meadow: Wilkinson A 17 35.6 Yes Wilkinson Ditch Good to Fair Wilkinson B 18 16.4 Yes Wilkinson Ditch Good to Fair Horse Pasture; Wilkinson C 19 33.1 Yes Wilkinson Ditch Fair Supported by tailwater 20 Pasture Map ID Size (acres) Irrigated? Water Source Condition (2018)* Notes The Flats 20 54.0 (approx.) No n/a Poor Severely degraded and significant noxious weed infestation Upper Canyon Pasture 21 54.0 (approx.) No n/a Fair Noxious weeds prevalent; heavy elk use Subtotal Acres 365.4 Total Pasture Acres 574.3 *Condition assessment based on the baseline documentation report (Rare Earth Science 2017) and staff observations compared to normal conditions for similar agricultural acreages in the region. Ranch Infrastructure Agricultural infrastructure on the property includes a ranch headquarters area, equipment, irrigation infrastructure, roads, and fences. These infrastructure items are summarized below and are described in greater detail in the baseline documentation report (Rare Earth Science 2017; see Appendix D). •Ranch headquarters structures – These are located within the Ranch Headquarters Building Area (Exhibit A-1 of the Conservation Easement). Structures include a residence, a shop, a horse barn, equipment sheds, corrals, and a loadout area. •Additional structures – Two vacant houses to the east of Brush Creek (within the Recreation and Education Building Area) are in severe disrepair and will likely need to be removed. The surveyed description of the Recreation and Education Building Area can be found at Exhibit A-2 of the Conservation Easement (Appendix C). The Brush Creek School house is located along Brush Creek Road on the Salt Creek portion of the property. •Irrigation ditches – Nine ditches, with associated infrastructure, serve the property. •Roads – A network of ranch roads provides access to most of the property and may be maintained, repaired, improved, and replaced as needed in accordance with the requirements of the Conservation Easement. •Fences – There are several miles of multi-strand barbed wire fencing along property boundaries and between pasture areas. Many of the fences are high (over 5 feet), which may inhibit wildlife passage; many fences that are away from grazing areas are in disrepair. 21 Residence The residence structure is located within the Ranch Headquarters Building Area (the surveyed legal description of this building area can be found at Exhibit A-1 of the Conservation Easement). Work was done after acquisition of the property (2017/2018) to maintain and improve the residence. This included replacing smoke and carbon monoxide detectors, stabilizing the propane tank, replacing heating equipment, improving the foundation to prevent leaks, replacing the deck, improving outdoor lighting, and replacing hazardous electric poles. Future work needed on the residence includes repairing or replacing gutters, soffit/trim areas, basement sink plumbing, and several windows, as well as radon testing. Vacant Houses The two vacant houses on the east side of Brush Creek were also evaluated in 2017. One house was identified to have structural framing issues, resulting in leaning external walls Existing structures within the Ranch Headquarters Building Area 22 and a sagging roof. The second house has significant issues with the foundation, roof framing, structural framing, windows, floors, plumbing, heating, and other areas. Ranch Management The property is in generally poor condition, as a result of years of neglect by prior landowners, a lack of necessary infrastructure improvements, overgrazing, and drought conditions. As described in other sections, noxious weed infestations are prevalent, affecting over 200 acres of pasture land and degrading the quality of hay in some areas (such as the Salt Creek Pastures) (see Appendix A, Figures Figure A and 4B). Several dryland or sparsely irrigated pastures (including the Flats, upper Canyon Pasture, and Love-Frost) are in extremely poor condition due to noxious weeds and overgrazing. Agricultural operations are currently managed by an on-site ranch manager, under a lease agreement with the County. The property is used for hay production, cattle grazing, and pasturing of horses. In recent years, the ranch has had up to 230 cows and 70 horses on the property, although those numbers have been reduced in 2018. Livestock is rotated between pastures on a seasonal and opportunistic basis considering irrigation, hay production, vegetation condition, and other factors. The current lease agreement runs through December 31, 2019. The County expects to develop a lease agreement that reflects the objectives, priorities, and actions identified in this Plan. The terms and timing of the new lease agreement will be determined after this Plan is completed. The lease agreement will incorporate language that the lease agreement is subject to the Conservation Easement. Livestock grazing on “The Flats” 23 Summary of Key Issues and Priorities – Agricultural Management • The property provides opportunities to create a model for successful agricultural practices on public open space • Irrigated pastures are in generally good to fair condition, whereas dryland pastures and formerly irrigated areas are in generally poor condition • Noxious weed infestations are significant, affecting about a third of the agricultural land on the property • Several ditches require infrastructure repairs or replacement; all ditches require routine maintenance • The large, irrigated hay meadows are in generally good to fair condition and are pivotal to the agricultural and scenic value of the property • The Horse Pasture and Salt Creek Pastures are in good to fair condition, but also need to be managed to consider riparian habitat and scenic values • The pastures under the Hollingsworth Potter Ditch are not reliably irrigated, are in poor condition and are infested with noxious weeds • Several dryland areas, including the Flats and upper Canyon Pasture areas, are in extremely poor condition due to overgrazing and noxious weeds View of from the southern rim of the property, looking northeast 24 Recreation and Access Existing public recreation and access pertaining to the property are considered in terms of the property itself and in the context of surrounding trails, roads, and public lands. These elements are described below. Regional Recreation Context The property is located about 1 mile southeast of Eagle and less than 1 mile to some individual neighborhoods and residences. Brush Creek Road, a major regional thoroughfare for both transportation and recreation, bisects the property. Public lands owned and managed by the BLM border most of the property to the northeast and southwest (Appendix A, Figure 5). In general, outdoor recreation and public land access are central themes to the Eagle County community and economy, and the public lands surrounding Eagle have become a regional destination for trail-based outdoor recreation, including mountain biking, trail running, hiking, and equestrian use. The population of Eagle County is increasing, and recreation and access to the outdoors are fundamental to the quality of life and the key factors in why people choose to live and visit here. Existing Recreational Access on the Property As formerly private land, access on the property has traditionally been associated with public rights-of-way and informal/trespass trails on the periphery. Existing recreational access on the property is described below: • Salt Creek Paved Path – An existing paved path runs along the east side of Brush Creek through the Salt Creek area. This path is used by walkers and cyclists and is occasionally used for fishing access. • Salt Creek Area Trails – The southern portion of the property is an access point to several trails that cross the property to adjacent BLM land. A small, informal trailhead has been designated at the base of Trail Gulch. • Salt Creek Area Roads – Several existing roads in the Salt Creek area, including the Old Salt Creek Road, Salt Creek Road, and the Ranch Access Drive, are currently used year-round for dog walking, hiking, running, and occasional equestrian use. The Old Salt Creek Road has limited use north of Trail Gulch since the bridge over Salt Creek has been removed. • Dirt Surfer Trail – The existing Dirt Surfer Trail, primarily a downhill mountain bike route, crosses the northern end of the property before heading west to connect with the Haymaker Trails and Eagle. Existing Recreational Access Adjacent to the Property The property is adjacent to or is abutted by several regional trail or recreation corridors, described as follows: 25 • Existing East Eagle Trails – The east Eagle trails system, including Boneyard Trail, Pool and Ice Trail, Haymaker Trail, and Dirt Surfer Trail, is located immediately north of the property on BLM and Town of Eagle land. Portions of the Dirt Surfer Trail cross the northern edge of the property. • Eagle Ranch/Hardscrabble Trails – Several trails extending from the Eagle Ranch subdivision to Hardscrabble Road are adjacent to the property to the west. Most notably, the Riddle Trail is located immediately adjacent to the property boundary. • Salt Creek Area – Several two-track roads in the Salt Creek area cross between the property and BLM land and are occasionally used for informal hiking and equestrian access in association with Trail Gulch, which is also referred to as Sharp Creek. Trail Gulch crosses from the property onto BLM land and is closed to motor vehicles except for emergency access. Eagle County is working with the Cordillera Metropolitan District to memorialize an emergency access easement agreement. • Hardscrabble Road – This road crosses the property to reach BLM and Forest Service lands to the west and is a key access point for motorized and nonmotorized recreation. • Road Gulch – This BLM route (8410) is a motorized route that extends from Bellyache Road to the property boundary. Existing road/trail in the Salt Creek area 26 • Brush Creek Road – This paved road is a regional thoroughfare that is also used as a popular route for road bikers. The road width and relatively high traffic have led to conflict between bikes and drivers. Public lands to the northeast of the property are managed by the BLM as the East Eagle Special Recreation Management Area (SRMA), primarily to enhance specific recreation activities, experiences, and benefits. The BLM has approved and is in the planning process to develop an additional 12 to 15 miles of multiuse, nonmotorized trails on BLM lands to the east of the property. At this time, no specific trail alignments or corridors have been proposed. This plan anticipates and directs how and where new trails on BLM land should enter the property. Hunting and Fishing Access Hunting Under prior ownership, private hunting and private pass-through access were allowed on the property. Currently, hunting on the property is prohibited, but pass-through access from Trail Gulch to BLM lands is allowed. Also, under prior ownership, existing public routes and trails (described above) were traditionally used to access adjacent BLM lands for big game, small game, and game bird hunting. Fishing Under prior ownership, Brush Creek was traditionally used for fishing access on the property. This access and fishing opportunity is described in two reaches, north and south of the ranch headquarters. The fishing along Brush Creek through the property is reported to be marginal due to poor aquatic habitat and low fish numbers. • North Reach – The north reach of Brush Creek on the property (west of the ranch headquarters area) was traditionally used by private walk-in anglers authorized by previous landowners. Currently there is no public access in this area; however, future fishing access is contemplated and is addressed in this Management Plan. • South Reach – The south reach of Brush Creek on the property is adjacent to the paved path in the Salt Creek area and is currently open to the public, subject to rules and regulations that may be amended from time to time. This fishing in this reach is of poor quality due to dense vegetation and low fish numbers. Summary of Key Issues and Priorities – Recreation and Access • The property provides opportunities to access adjacent public lands, as well as regional pass-through connections • The property is located near Eagle and several new and proposed trail systems • Existing roads and trails in the Salt Creek area currently support limited public access and use • Portions of Brush Creek on the property have been traditionally used for fishing access, although the fishery in these reaches is marginal 27 • The property provides opportunities to improve the marginal fishery Existing Plans and Policies Overviews of and links to the following plans and policies appear in Appendix D. • 2017 Baseline Documentation Report • 2011 Brush Creek Watershed Management Plan • 2005 Eagle County Comprehensive Plan • 2010 Eagle Area Community Plan • 2001 Eagle Valley Regional Trails Plan • 2014 Eagle Area Trails Plan Early summer tailwaters in the Hardscrabble Pasture 28 Partner, Stakeholder, and Public Comment Eagle County Open Space staff and the management planning team emphasized the need for a public process in the development of the Management Plan for the Brush Creek Valley Ranch and Open Space property. The size and location of the property and the wide variety of potential users interested in accessing the property are two reasons why a community outreach program was warranted. Additionally, the amount of public support, both financially and in community interest and engagement, dictated the need for the public’s involvement in the process. Public Comment – Scoping Period The public comment process for the scoping phase of the Management Plan incorporated a multipronged approach: Step 1: Meetings with experts and stakeholders Step 2: Meetings with user groups and interested parties Step 3: Community outreach Step 1: Meetings with Experts and Stakeholders The management planning team solicited input from numerous experts and stakeholders through one-on-one, in-person meetings with the following: • Eagle County Open Space Advisory Committee • Colorado Parks & Wildlife • Brush Creek Valley Ranch and Open Space current lessee • Bureau of Land Management • Eagle Ranch Wildlife Committee • Town of Eagle Open Space Department • Natural Resources Conservation Service • Colorado State University Extension Office • Eagle Valley Land Trust • Eagle County Historical Society Recurring comments from meetings with experts and stakeholders are summarized as follows: • Balancing the many uses will be critical and challenging • Protect wildlife habitat, especially winter range and elk calving • Allow flexibility in the Plan to adapt to conditions and changes • Allow managed access to adjacent public lands for recreation (hiking, equestrian, cycling, hunting, etc.) • Education will be an important component of the Management Plan and public access • Allow fishing access on Brush Creek and Salt Creek 29 • Phasing and prioritizing will be necessary due to budgetary and management constraints • Keep the public from encroaching on agriculture operations • Managed pasture and rangeland rehabilitation/restoration must take priority Step 2: Meetings with User Groups and Interested Parties The management planning team invited user groups and interested parties to individual drop-in meetings. These meetings were open to the public, and the dates, times, and locations were posted on the Eagle County website. The planning team presented information about the property and solicited feedback from these groups: • Hunters • Anglers, including recreational anglers, commercial outfitters, and Trout Unlimited • Adjacent property owners and proximate neighbors • Agriculture community, including area ranchers and the Young Farmers Association • Trail enthusiasts, including hikers, cyclists, and equestrians • Events and programming providers Key comments from meetings with user groups and interested parties are summarized as follows: • Protection of wildlife on the property is important • Access to adjacent BLM land is important • Allow nonmotorized pass-through hunting access to BLM land • Brush Creek as it passes through the property is not a destination fishery; fishing is marginal • The ranch is in need of restoration • The property is important for regional connections to adjacent Town of Eagle Open Space and BLM lands • Provide an area for equestrians and hikers where they will not encounter motorized or bicycle use • Reduce the number of bicycles on Brush Creek Road • Plan for the long-term sustainability of the ranch operations and the property in general Step 3: Community Outreach The management planning team hosted two open house events to present information about the property and the planning process, and to solicit feedback from the community. In addition, the public was invited to comment online via a comment form on the “Hardscrabble Ranch” section of the Eagle County Open Space website. 30 Open House Events The open house events were widely publicized via the following: • A press release and subsequent articles in the Vail Daily newspaper • Quarter-page ads in the Vail Daily • Flyers distributed to area bike shops, commercial fishing operators, hunting license providers, and nonprofit advocacy groups • Social media • An email to a database including: o Interested parties o Experts and stakeholders o User groups The first open house, on May 17, 2018, saw 29 registered attendees. The second open house, on May 23, 2018, saw 24 registered attendees. Open house attendees were provided comment cards to complete, as well as maps to illustrate comments. Online and Email Comments The online comment form was available at eaglecounty.us/openspace from May 15 through June 30, 2018. Emails were also sent directly to the Eagle County Open Space manager. (Comments from the open house events and correspondence can be found in Appendix B.) Field Testing and Concept Review At the conclusion of the scoping period, the management planning team began field- testing management concepts and actions. This effort included additional meetings with experts, stakeholders, and user groups; the Eagle County Open Space Advisory Committee; and the Eagle County Board of County Commissioners to obtain input on the general direction as well as specific proposed management actions. These groups included representatives from the following: • Colorado Parks & Wildlife • Bureau of Land Management • NRCS and CSU Extension • Brush Creek Valley Ranch and Open Space current lessee • Town of Eagle Open Space staff • Eagle Ranch Wildlife Committee • Hunting community • Hardscrabble Trails Coalition • Eagle Valley Land Trust • Backcountry Horsemen of America – Eagle County Chapter • Agriculture community • Open Space Advisory Committee • Board of County Commissioners 31 Recurring comments from field testing and concept review are summarized as follows: • Restoration of ranch property is a priority • Community agriculture or expansion of production is not appropriate in the property’s current condition but may be a consideration in the future • Enact a plan to track management actions • Certain pastures must be taken out of rotation and designated as off-limits to allow restoration to occur • Protect elk calving areas and winter range • Provide an area of no disturbance to elk • Provide a north-south trail connection from Hardscrabble Mountain to East Eagle Special Recreation Management Area • Make trailhead parking suitable for horse trailers • Fishing in this reach of Brush Creek and Salt Creek is not good; water is nonproductive • Riparian habit is in need of restoration Public Comment – Draft Management Plan The management planning team hosted a follow-up community presentation and public comment meeting on the evening of September 19, 2018. The meeting was publicized through paid advertising, press releases, flyers, an email to the project database, and social media. The Draft Management Plan was made available on the Eagle County Open Space website. A comment form was made available for those wishing to submit online comments on the Plan. Public comment on the Draft Management Plan opened September 19, 2018 and ended at close of business on October 10, 2018. (Comments on the Draft Management Plan, including written comments from the community presentation, correspondence and online comments can be found in Appendix B.) Name of Property The community was able to vote on a list of proposed names for the property at the community presentation and online. The period for voting on the name was concurrent with the Draft Management Plan public comment period. The name selected by the majority of those who voted, Brush Creek Valley Ranch and Open Space, has been approved by the Eagle County Board of County Commissioners and is reflected throughout the Management Plan. 32 Management Recommendations This section establishes and documents Eagle County’s proposed approach for managing land, resources, and public access on the property. Management recommendations are based on existing conditions on the property; identified management issues and opportunities; provisions of the Conservation Easement; public, stakeholder and partner input; and direction provided by the Eagle County Open Space Advisory Committee and Eagle County Board of County Commissioners. A foundational management action has already occurred – the acquisition of the property in 2017 protected the property and its conservation values (public recreation, natural habitat, scenic quality, and agricultural heritage) from irreparable harm. Now, it is incumbent on Eagle County to proactively manage these resources to ensure their long-term stewardship. Management recommendations described below are intended to improve and maintain the property’s identified values. Management recommendations include both broad management philosophies and specific actions that are necessary to meet the vision and goals for the property and to ensure proper long-term stewardship of its conservation values. Implementation of these actions may take place over time as funding and resources allow and at the discretion of Eagle County. Implementation priorities, and possible funding and partnership opportunities are described in the Implementation section. This Management Plan is intended to be a guiding document for decision making and may be amended as management of the property evolves. For example, wildlife closures may be extended or shortened from the dates set forth in this Plan due to conditions then existing on the property. Similarly, and by way of example, in the event surveys, permits or other third-party approvals require a change to a proposed trail location changes may be implemented in accordance with this Plan and the Conservation Easement. Goals and Implementation The vision for the property is found in the Introduction section. More specific goals for the management of the property include the following: • Manage the property to balance the conservation values of agriculture, relatively natural habitat, public education and recreation, and scenic enjoyment • Actively monitor, restore and improve the condition, integrity, and long-term stability of natural and managed vegetation communities • Manage agricultural use to emphasize restoration goals and conservation values over production and revenue • Implement trail connections to support a variety of public uses and connectivity 33 • Manage recreational access to minimize disturbance to agricultural operations and wildlife habitat • Improve the quality and extent of riparian and shrubland habitats for wildlife • Coordinate ongoing management with partners, including the Town of Eagle, CPW, BLM, and neighboring landowners • Maintain flexibility to respond to unforeseen issues and adapt to changing conditions Eagle County will work to document management actions on the property each year and will share such information with Eagle Valley Land Trust and others as available and upon request. Management Emphasis Zones Portions of the property are designated for different uses and management. These management emphasis zones are shown in Appendix A on Figure 6 and are based on historical management, agricultural operations, vegetation communities, and public access opportunities. These zones do not exclusively reserve areas for any particular use but instead define the predominant use and management emphasis for that area. Management emphasis zones are defined as follows: 1. Irrigated Agriculture – Productive irrigated agricultural lands, where agricultural management is the priority. Public access is restricted, except for designated fishing access points. All public access is subject to posted signage, rules, and regulations, which may be amended from time to time. 2. Dryland Agriculture – Formerly irrigated lands, where agricultural management and restoration is the priority. Public access is restricted, unless for designated access points or trails. All public access is subject to posted signage, rules, and regulations, which may be amended from time to time. 3. Ranch Headquarters – Buildings, equipment, yard, and infrastructure that is dedicated to agricultural management. Public access is restricted. Any public access is subject to posted signage, rules, and regulations, which may be amended from time to time. 4. Natural Area – Shrubland and woodland habitat areas where native habitat restoration, wildlife habitat, and public access are balanced. Designated public access and use along trail corridors may be allowed, and limited agricultural use may occur on a prescriptive basis. Any public access is subject to posted signage, rules, and regulations, which may be amended from time to time. What is Restoration? Ecological restoration is the practice of actively renewing and repairing damaged or degraded ecological or agricultural conditions. In this context the goal for restoration is to achieve healthy and stable vegetation communities that support wildlife habitat and agricultural values for the long term. The goal is not to restore the property to a pre-development ecosystem. 34 5. Riparian Habitat Restoration – Riparian areas where habitat protection and restoration is the priority. Agricultural use does occur in this area, along with possible low-intensity recreational use (e.g., fishing access). All public access is subject to posted signage, rules, and regulations, which may be amended from time to time. 6. Recreation and Education – Buildings and access areas where trailheads and other facilities may be located and where public recreation and education opportunities or other programming or special uses are the priority. All public access is subject to posted signage, rules, and regulations, which may be amended from time to time. Spring grazing in the Hardscrabble Meadow, looking east 35 Management Actions The following sections describe management actions and programs identified during the management planning process. Many are specific actions, but some are more programmatic and general. Timing for actions are defined as follows: Term Description Ongoing Routine activity anticipated to occur every year Short-term Recommended within the first 5 years of implementation Long-term Recommended within the first 5 to 10 years of implementation Notwithstanding the timeframes identified in this plan, many of these actions may be implemented in the first few years, while others may take many years to accomplish or may not be accomplished as objectives evolve and the Plan is amended. This Plan is intended to provide guidance and is not intended to require action by Eagle County because the implementation of this plan may occur over time, as funding and resources, including grants, are available, and on balance with other Eagle County government priorities. Habitat Management Overall Approach As described in the Existing Conditions section, management issues and opportunities identified for habitat management include the following: • Noxious weed infestations are significant • Riparian habitat is a key ecological resource • Riparian areas are degraded in some locations • The property contains sensitive winter range and calving areas for elk • Potential habitat exists for Harrington’s penstemon With conservation priorities identified, the County as the landowner needs to take proactive and deliberate steps to improve and restore the ecological and habitat values on the property. This is the top priority for short-term management. First and foremost, this includes aggressive noxious weed management, which is a critical step toward a broader goal of restoring the condition and long-term stability of vegetation communities. Additional measures to protect and restore the Brush Creek riparian corridor are necessary to protect its value for plant diversity, wildlife habitat, and scenic enjoyment, and actions to protect rare plant populations, if any, are integral to proper management and stewardship. Finally, the protection of seasonal habitat and movement corridors for elk, particularly calving areas, is important within the regional context of elk populations that are stressed from increased human use and development. 36 The following sections outline broad guidance and specific actions to address these issues and opportunities, consistent with the management goals stated above and the conservation values described in the Conservation Easement (Appendix C). Weed Management Infestations of noxious weeds on the property are a significant issue. They threaten the quality and integrity of several pasture areas, degrade habitat for wildlife, and could continue to spread through the property. In 2018, Eagle County began aggressive efforts to manage noxious weeds, but any successful effort to control and reduce infestations will need to be a diligent, multiyear effort. Weed management is a key element of the overall management objective of restoring and improving the condition of the ranch in the first several years of implementation. Weed management actions include but are not limited to: Weed Management Actions Ongoing • Monitor and map weed infestations annually • Work with the ranch lessee to ensure sufficient weed management within lease areas Short-Term • Aggressively control weed infestations on the property • Document and map existing infestations, including treatment areas (Areas treated in 2018 are shown in Appendix A, Figure 4B) • Identify and document noxious weed management strategies, considering a 2-3 year time frame (consistent with agricultural operations) • Identify specific weed management priorities that are the responsibility of the ranch lessee, and document those items in their annual operating plan • Utilize County personnel and resources to the extent available and seek additional funding and assistance from the state or other funders to support weed management efforts • Integrate weed management into vegetation and pasture restoration efforts • Monitor and control weeds in areas disturbed by infrastructure improvements, including trailheads and trail corridors Long-Term • Once existing infestations are under control, focus weed management resources on new or significant infestations Riparian Habitat Restoration Riparian habitat along Brush Creek and Salt Creek is the most important ecological community on the property, providing habitat for numerous wildlife species and scenic value. Several sections of riparian habitat on the property are degraded as a result of livestock browsing and lack of succession. Riparian habitat restoration is an important part of the overall efforts to improve habitat conditions on the property. Riparian habitat restoration actions are as follows: 37 Riparian Habitat Restoration Actions Ongoing • Establish methods and equipment to monitor riparian habitat and environmental conditions annually Short-Term • Engage outside partners to identify and plan for small- and large-scale restoration efforts • Install wildlife-friendly fencing to the extent practicable to exclude livestock from certain riparian areas along Brush Creek (livestock may still require some access to Brush Creek) • Implement small projects to improve riparian habitat, including: o Plant willow and cottonwood saplings to restore degraded areas and promote succession o Monitor riparian and wetland vegetation recovery, species composition, and condition in select locations both inside and outside of the fence exclosures • Develop plans and identify funding for larger-scale stream restoration projects Long-Term • Work with outside partners (e.g., CPW, NRCS, GOCO, and Trout Unlimited) to plan and implement large-scale stream restoration projects to improve stream morphology, aquatic habitat, and vegetative diversity Rare Plant Conservation The upper sagebrush shrublands on the property provide potential habitat for Harrington’s penstemon, a rare plant species. Implementation of trails and other improvements should avoid or minimize impacts on this species. Rare plant conservation actions are as follows: Rare Plant Conservation Actions Short-Term • Before trail development in penstemon habitat, conduct surveys of proposed trail corridors to avoid or minimize impacts on populations • Coordinate with the BLM on surveys, including portions of trails that would be on adjacent BLM land • If populations are found, adjust or reconfigure trail connections to minimize impacts 38 Wildlife Habitat Protection Ranging from the hay meadows to the riparian corridors and upper shrublands, the property supports habitat for a variety of wildlife species. Wildlife habitat protection actions include: Wildlife Habitat Protection Actions Ongoing • Minimize new or unnecessary fragmentation of wildlife habitat beyond what is identified in this plan, including riparian areas and natural shrubland habitats • Monitor and track new or unusual wildlife activity and wildlife conflicts on the property • Allow beaver activity in Salt Creek to persist, as it contributes to wildlife habitat diversity; also allow the ranch lessee and ditch managers to control beavers as needed to maintain water infrastructure • Maintain close coordination and communication with CPW to proactively address wildlife issues and needs on the property • Modify or adapt closures or other tools as needed to protect critical wildlife habitat Elk and Mule Deer Management The upper elevations of the property contain critical winter ranges for both elk and mule deer, along with adjacent BLM lands to the northeast and southwest. Portions of the property are also known to be used as calving grounds for elk. Trails on adjacent BLM lands are seasonally closed from December 1 through April 15. Elk and mule deer management actions are as follows: Elk and Mule Deer Management Actions Ongoing • Implement a wildlife closure on specified trails from December 1 through April 15 to protect winter ranges for elk and mule deer • Implement an extended wildlife closure on Trail B and on a portion of Trail D through June 30 to protect elk calving habitat (see Appendix A, Figure 7) o Monitor elk use and activity annually, with remote cameras and staff observation o Allow for early opening of the trails if it is confirmed that elk calving activity has ceased (or is not occurring) in the area o Trail could be closed for a longer period if calving is continuing in the area • Closures apply to all recreational users, and may be modified or expanded by Eagle County Open Space staff; with advance coordination with CPW • Regulate and manage dog access to trails and facilities in the northern half of the property in accordance with rules and regulations and posted signs • Subject to rules, regulations, and posted signs, dogs will be specifically allowed in the following locations: o Community Trail along Brush Creek Road o Public trails and roads in the southern Salt Creek area • Subject to rules, regulations, and posted signs, allow for year-round public use of the Community Trail and most of the existing, low-elevation roads and trails in the Salt Creek area 39 Short-Term • Evaluate fencing on the ranch for wildlife hazard and safe passage, and identify sections that can be removed, built, or rebuilt as wildlife-friendly (consistent with agricultural needs) • Restore vegetation in upper terraces (e.g., Mesa Pasture) with native vegetation to be used primarily to support wildlife habitat • Monitor elk use over time to better understand use patterns and potential conflict with agricultural management goals or other issues • Work with CPW to implement management tools, including special hunts, to respond to issues Agricultural Management Overall Approach The property consists of about 420 acres of irrigated or formerly irrigated hay meadows and pasture, and about 150 acres of dryland pasture. The property contains important water rights and a visible agricultural operation. Thoughtful management provides an opportunity to transform the property through restoration of degraded areas, repairs to infrastructure and improved agricultural practices. As described in the Existing Conditions section, management issues and opportunities identified for agricultural management include the following: • Irrigated areas are in generally good to fair condition • Formerly irrigated and dryland areas are in generally poor condition • Noxious weed infestations are significant, affecting about a third of the agricultural land • Several ditches require substantial repairs, and most ditches require routine maintenance • Hay meadows and riparian areas also provide important scenic values Due to a combination of historic neglect, drought, and overgrazing, much of the agricultural land and infrastructure on the property is in poor or deteriorating condition. Considering that, the immediate and short-term priority for the property is to restore and improve the condition of the vegetation and soils to reach a more healthy and stable state. In the meantime, the priority for ditches and other infrastructure is to “fix what’s broken” to support long-term stewardship. This approach will likely require reduced grazing on the property; financial investment through grant funding, partners, and the County; and compatible terms and expectations from the lessee. Once the restoration phase is successful, it may be appropriate to consider more dramatic changes to ditches, infrastructure, and agricultural production goals. The following sections outline broad guidance and specific actions to address these issues and opportunities, consistent with the management goals stated above and the conservation values described in the Conservation Easement (Appendix C). 40 Alternative Crop Production During the planning process, some members of the public expressed the desire to utilize the property for alternative crops such as lettuce, potatoes, or apples. As described in the Ranch History section, crop production has historically occurred in the region, but hay and cattle production have been the dominant agricultural uses for over 50 years. This plan does not preclude the production of alternative crops, but instead allows such use at the discretion of Eagle County and the agricultural lessee, who would be responsible for its implementation and marketability. Use or experimentation with alternative crop production would need to be compatible with overall restoration and stewardship goals, existing water rights, and annual operating plans for the ranch. Ditches and Irrigation The property is flood irrigated with County-owned water rights off of nine ditches. Most of the ditches require routine maintenance, while several require more substantial repairs. Management actions for ditches and irrigation are as follows: Ditches and Irrigation Actions Ongoing • Exercise water rights on the property to support sustainable agricultural use and restoration • Report annually to Eagle Valley Land Trust per the Conservation Easement Short-Term • Repair ditches and ditch infrastructure, including: o Love & White Ditch – replace piped section, repair main headgate and inline headgates and turnouts, and install flume near property boundary o Wilkinson Ditch – install flume near property boundary o Love Frost Ditch – clear and clean out upper ditch and improve gated inlet o Salt Creek Ditch – clear and grade o Hollingsworth Potter Ditch – clear and grade, and repair flume o McKenzie Ditch – clear and clean out ditch near diversion o All ditches – routine maintenance, including clearing and grading ditches and laterals, maintaining dams and headgates, and maintaining flumes • Coordinate with NRCS to identify infrastructure improvements that would improve distribution of water over hay meadows and Salt Creek pastures Long-Term • Consider and evaluate improvements to efficiency of irrigation infrastructure, balanced against costs, maintaining wetlands and habitat, and other factors • Reconfigure irrigation of Mesa Pasture under Hollingsworth Potter Ditch o Concentrate available water to a reduced area- about 20 acres- that can be reliably irrigated o Rehabilitate irrigated pasture and restore irrigation to smaller area o Restore remaining area (about 38 acres) to stable dryland pasture 41 Vegetation and Grazing Management Irrigated pastures are in generally good to fair condition, while non-irrigated pastures are in generally poor condition, and about a third of the agricultural land is infested with noxious weeds. More robust baseline monitoring of vegetation condition, reduction of grazing, and other measures may be necessary to begin to restore the agricultural areas to a more stable and productive condition. (Note: vegetation condition assessments are based on the baseline documentation report and staff assessments compared to normal conditions for similar agricultural acreages in the region). Management actions for vegetation and grazing are as follows: Vegetation and Grazing Management Actions Short-Term • Establish plots and methods/equipment to monitor vegetation and environmental conditions, production, and utilization o Work with CSU-Extension and NRCS to define locations and methodology o Conduct preliminary baseline monitoring • Aggressively control and reduce noxious weed infestations as identified under Weed Management in this Plan • Manage degraded areas to promote vegetative restoration, stability, and balanced management priorities (including wildlife habitat and scenic value) o Encourage establishment of native vegetation in the Flats and Canyon Pasture o Limit all livestock grazing in the Flats and the upper Canyon Pasture at least until the land is restored o Install fencing to limit livestock grazing in the Flats and the upper Canyon Pasture • Continue to manage degraded areas to promote vegetative restoration o Evaluate short-term need to reseed degraded pasture areas o Identify long-term need to reseed irrigated hay meadows • Manage livestock grazing and use at a sustainable carrying capacity o Define the carrying capacity, in animal unit month (AUM), for the property based on available pasture, vegetation condition, and objectives defined in the annual operating plan o Reduce overall livestock numbers and/or intensity during the restoration period, based on the defined carrying capacity and vegetation objectives o Limit livestock use on dryland pastures, using grazing as a vegetation management and restoration tool o Reduce the pasturing of horses on the property to prevent resource damage and maintain grazing within a sustainable carrying capacity • Develop an adaptive grazing system for livestock, based on vegetation conditions and objectives • Continue vegetation condition monitoring on an annual basis, and use data to inform annual operating plans Long-Term • Continue noxious weed management as identified under Weed Management in this Plan • Continue ongoing monitoring of vegetation condition • Refine adaptive grazing system, based on vegetation conditions and objectives, and operational needs • Consider and evaluate opportunities to grow alternative crops, based on vegetation condition, water availability, market demand, and lessee preferences 42 Ranch Infrastructure Infrastructure related to agricultural operations and management includes a residence, multiple structures, ditches, fences, roads, and equipment. (Ditches are addressed above under Ditches and Irrigation.) In general, most of these items are in working order but require ongoing maintenance or long-term improvements. The configuration and condition of fencing requires attention, as do several of the structures and equipment. Old structures or items not used for agricultural operations need to be addressed. Management actions related to ranch infrastructure are as follows: Ranch Infrastructure Actions Ongoing • Work with the ranch lessee to ensure that ranch equipment is properly stored and maintained • Immediately address any health and safety issues that arise on the property Short-Term • Identify and complete necessary maintenance on the residence • Demolish the vacant house (brown) that is known to be beyond repair; stabilize or demolish other structure based on further assessment o Secure structures before any public access to the area • Close Old Salt Creek Road north of Trail Gulch to motor vehicles • Install permanent cross-fencing to facilitate livestock exclusion and rotation o Emphasize areas where livestock should be excluded or separated from public use o Preliminary locations include the bottom of the Mesa Pasture above the Love & White Ditch, the bottom of Mesa Hay Meadow above the Wilkinson Ditch, above the Recreation and Education area and trail connection, and below the Upper Frost Ditch • Permanent fencing locations should be determined in consultation with CSU-Extension and the agricultural lessee o New fencing should be constructed using, to the extent practicable, wildlife-friendly materials and specifications • Install fencing to reduce livestock impacts on the Brush Creek riparian area o Use both permanent and temporary fences to retain efficiency and adaptability o Retain areas where animals can access water and cover, and cross over o Monitor riparian vegetation both inside and outside of the fence exclosures • Remove unnecessary equipment and junk from the ranch headquarters area Ranch Management Agricultural operations on the property are currently managed under a lease agreement. The current lease agreement expires on December 31, 2019. The County expects to promptly develop a new lease agreement and related request for proposals, based on the objectives and priorities identified in this plan. These new objectives, including an emphasis on vegetation restoration and the introduction of public use to the property, will require changes to the terms and expectations associated with leasing and management of the property. Actions related to ranch management include the following: 43 Ranch Management Actions Ongoing • Develop an annual operating plan with the lessee that incorporates specific restoration priorities, vegetation and climate conditions, and monitoring protocol • The annual operating plan and lease agreement are subject to the Conservation Easement • Provide a copy of the annual operating plan to Eagle Valley Land Trust, for their records • Work with the lessee to identify and address ongoing management issues • Monitor and evaluate vegetation condition, climate conditions, public interface, and ranch productivity • Modify annual operation plans to incorporate new information and respond to changing conditions Short-Term • Develop a request for proposals (RFP) that may include a new form of lease agreement that emphasizes restoration, stability, and a balance with other values and priorities identified in this plan • The RFP should consider the following: o A longer-term lease (3–10 years), which may allow the lessee to pursue grants and facilitate longer-term investment in stewardship o Stipulations related to vegetation condition, grazing carrying capacity, and land available for grazing o Responsibilities related to infrastructure improvements, including capital costs, maintenance, and ownership at the termination of a lease o Provisions for access and use for County needs, including livestock pasturing during emergencies or during the Eagle County Fair and Rodeo o Expectations related to public access use and interface with agricultural operations o Sufficient control for the County to enforce provisions and ensure good stewardship practices along with positive and appropriate interaction with the public • Work with the current lessee (2019) to integrate immediate restoration and management priorities identified in this plan Long-Term • Update the lease, as needed, to correspond with changing conditions, priorities, or unforeseen issues Management of Recreation, Public Access, and Use Overall Approach The County recognizes the high level of public interest in accessing the property for hiking, running, biking, horseback riding, fishing, hunting, dog walking, and scenic enjoyment. The property is surrounded by extensive soft-surface trail networks on the adjacent BLM Special Recreation Management Area and Town of Eagle Open Space. This plan identifies trailhead locations, anticipated future trail alignments on the property, and future connections from the property to adjacent BLM and Town of Eagle Open Space to provide access to these areas (Appendix A, Figures 7 and 8). 44 As described in the Existing Conditions section, management issues and opportunities identified for recreation management include the following: • The property is located near Eagle and new and proposed trail systems on the adjacent BLM Special Recreation Management Area and Town of Eagle Open Space (Figures 7 and 8) • Existing roads and trails in the Salt Creek area support recreational access • An existing paved path runs along the east side of Brush Creek through the Salt Creek area; this path is used by walkers and cyclists and is occasionally used for fishing access • The property provides opportunities to access adjacent public lands, as well as regional pass-through connections • Existing public-accessible routes have traditionally been used to access BLM land for big game, small game, and game bird hunting • Portions of Brush Creek on the property have been traditionally used for fishing access, although the fishery in these reaches is marginal Public Access Areas/Trailheads A parking area and trailhead is contemplated for the Recreation and Education Building Area to provide a location for programming and a nexus for trail connections through the property, to adjacent BLM land, and to a future Community Trail. In addition, this Plan contemplates the relocation of the existing, primitive trailhead at the base of Trail Gulch in the Salt Creek area of the property. Public Access Area/Trailhead Management Actions Ongoing • Implement and enforce winter wildlife closures • Maintenance, repairs, and improvements to trailheads Short-Term • Install informational and regulatory signage at all public access points • Identify necessary facilities to be located at the Recreation and Education Building Area, which might include parking to accommodate vehicles and trailers, restrooms, wildlife-proof trash receptacles, picnic tables, kiosks and other trail signage, and shade structures • Coordinate and plan for donor signage with Eagle Valley Land Trust • Identify grants and partners to assist with design, construction, and purchase of facilities • Design and construct a trailhead at the Recreation and Education Building Area • Design and construct a trailhead at the Trail Gulch Trailhead Access Parking Area • Remove and restore the existing, informal trailhead at Trail Gulch Long-Term • Consider improvements on Hardscrabble Road for winter recreation parking 45 Trails The planning team identified several recommended trail alignments that accomplish the goals and objectives set forth in this Plan while providing desired access to and across the property. These are shown on Figures 7 and 8. Several other trail concepts were considered and rejected during the planning process. Certain recommended trail alignments may require easements or approvals from third parties. Adjustments may be made if the current alignment cannot be reasonably achieved. Soft-Surface Trails: Four primary trail corridors are recommended to provide public access to the property and access across the property to existing trail networks on adjacent Town of Eagle Open Space and the adjacent BLM land. The four soft-surface trail corridors included in this plan are (see Figures 7 and 8): •Trail A – Connection from the Recreation and Education Area/Trailhead to a BLM access point to the east. (Approx. 0.6 miles of new trail). •Trail B – Contour trail along the foot of the bluffs extending to the northwest to Road Gulch and the Haymaker Trail. (Approx. 1.7 miles of new trail). •Trail D – Trail along the rim of the bluffs, dropping down to meet the valley floor and Recreation and Education Area. (Approx. 2.4 miles of new trail). •Trail E – Development of existing two-track roads to create two loops. (Approx. 1.3 miles of new trail). Soft surface trails are envisioned to be 2 to 4 feet in width, as is typical in the region. Eagle County will, over time and with support from third-party funders, consultants, and volunteers; design, construct, and maintain trails and paths throughout the property using industry best practices that minimize impacts and ensure sustainability, to the extent possible based on site conditions. Per the Conservation Easement, the trail tread of soft surface trails shall not exceed 8 feet in width, unless dictated by existing conditions or as necessary to accommodate site or safety conditions. For example, some trails in the Salt Creek Area using existing roads would be subject to width requirements for roads, rather than trails. Trail corridors were developed to provide quality visitor experiences while minimizing impacts on environmental resources and interference with agricultural management. The BLM SRMA allows for an additional 12 to 15 miles of multiuse, nonmotorized trails. This Plan informs local trail groups and others so they may plan trails on BLM lands in accordance with defined access points on the property. Community Trail: The Plan includes a recommended route for a Community Trail along Brush Creek Road, connecting Eagle to the Salt Creek portion of the property (Trail E on Figures 7 and 8; referred to as the “Connector Trail” in the Conservation Easement). Per the Conservation Easement, the trail tread shall not exceed 12 feet in width, unless necessary to accommodate special circumstances. The Town of Eagle has an easement 46 along portions of this alignment. This trail may be a natural or crusher fine surface trail that could be paved in the future. The recommended route for this trail may need to be refined to accommodate engineering and other requirements. Allowed Trail Uses: Trails on the property are intended for non-motorized uses: hiking, biking, running, and equestrian use. Trails in the Salt Creek area (Trail E) are limited to pedestrian and equestrian use only. E-bikes are permitted in the Conservation Easement. Use of e-bikes on the property will be determined and posted by Eagle County based on County regulations and consistency with policies for adjacent lands and trails. Non-motorized winter use of trails, including snowshoeing, fat biking, and cross-country skiing, is allowed on trails that are otherwise open (and not subject to wildlife closures). The Community Trail and most of the valley-bottom trails and roads in the Salt Creek Area are planned to remain open all year. Trail Management Actions Ongoing •Implement and enforce wildlife closures •Maintenance, improvements, enforcement, and management •Maintenance and repairs to trails, gates, and other recreation facilities Short-Term •Prioritize and design trail alignments for foot, horse, and bicycle travel and recreation •Implement a phased approach to trail design and construction that is aligned with funding and required surveys, permits, and any legal requirements •Design and construct Trail A from the Recreation and Education Trailhead to connect to BLM lands (Figure 7) •Design and construct Trail B from the Recreation and Education Area across the property to Haymaker Trail (Figure 7) •Construct or formalize natural surface trail connections in the Trail Gulch area (Trail E) (Figure 8) for foot and equestrian use o Perform spot repairs to existing trails to improve drainage o Install signage to communicate designated uses and wildlife closure •Design and construct a rim trail (Trail D), including the north/south connection from Hardscrabble Mountain to the Recreation and Education Trailhead (Figure 7) o Initiate the BLM compliance process and conduct necessary surveys for segments that extend onto BLM land o Extend closure on the southern segment of this trail to June 30 when elk calving is present o Develop specific designs and measures to separate the trail from agricultural operations •Seek funding and partnerships for trail construction 47 Long-Term •Construct the Community Trail with the Town of Eagle to provide a connection from the town to the existing paved trail on the Salt Creek portion of the property o Wetland studies, permitting, engineering, easements, and partnerships will be required Fishing Brush Creek and Salt Creek provide opportunities for fishing on the property, along with the existing pond in the Recreation and Education Area. Fishing Management Actions Ongoing •Ongoing enforcement and management •Ongoing maintenance and repairs Short-Term •Continue to allow fishing access from the existing paved trail in the Salt Creek area •Install signage to identify fishing access and adjacent private property to prevent trespass •Construct the Brush Creek Fishing Access parking area •Install signage to identify and separate fishing activity from agriculture operations, riparian restoration, and habitat management areas •Seek funding and partnerships for fishing access improvements •Seek funding and partnerships for aquatic habitat and fishery improvements, in conjunction with riparian restoration efforts •Consider opportunities to develop youth fishing at the pond in the Recreation and Education area •Prohibit commercial fishing on the property Long-Term •Determine whether to construct a secondary Fishing and Trail Access Area off Salt Creek Road or the paved path •Evaluate the potential and viability of commercial fishing access and adjust management as needed Hunting Existing access through Trail Gulch, also known as Sharp Creek, has been and continues to be used for access to adjacent BLM lands for big game, small game, and game bird hunting. Hunting will not be allowed on the property, except under special circumstances as identified by Eagle County Open Space in coordination with CPW. Special circumstances include herd management and children’s or veterans’ hunts. No special hunts will occur on the property (regardless of size), unless approved by Eagle County and the Eagle Valley Land Trust. The special hunts, if any, will not be counted as an Event as set forth in the Program Management section of this plan. 48 Hunting Management Actions Ongoing •Work with CPW to identify special hunting opportunities on the property, such as educational, children’s, or veterans’, or as needed to manage herds •Allow nonmotorized, pass-through hunting access to adjacent BLM lands •All access is subject to rules and regulations and posted signage Short-Term •Post signage instructing hunters to contact Eagle County Open Space or CPW for instructions related to retrieving animals that may have made their way onto the property from adjacent BLM land Programming Management Overall Approach The County recognizes the unique opportunity for educational and special programming the property provides. It also recognizes the desire for limited, primitive camping in association with authorized events occurring on the property. The Management Plan envisions events and educational programming that celebrate the area’s history, ranching heritage, habitat, and connection to the outdoors. These events will be limited in size, location on the property, duration and frequency. Brush Creek Valley Ranch and Open Space is not intended to be a venue for large-scale events such as concerts or festivals. Management issues and opportunities identified for special use management include the following: •The property provides opportunity for educational programming and interest with regard to history, ranching and agricultural heritage, geology, biology, botany and wildlife, and outdoor recreation education •Numerous educational resources and partners exist in Eagle County and are available to plan and implement such programming •The Conservation Easement allows for special events and programming to occur on the property, so long as they have been approved in advance by Eagle County and the Eagle Valley Land Trust, as set forth in the Conservation Easement and this Plan Management Guidelines for Special Events and Programming The Brush Creek Valley Ranch and Open Space property was acquired to preserve important natural resources and to support the identified Conservation Values. Events and Programming must be hosted by a nonprofit organization or local government, including special districts. Nonprofit organizations and local governments desiring to organize an event or programming on the property must seek advance written approval 49 from Eagle County Open Space and the Eagle Valley Land Trust. Examples of events and programming include but are not limited to historical presentations and tours, classes, volunteer events, races, and farm to table events. Events and programs on the property are generally defined as follows: •Events = Larger-scale events (greater than 30 people) including organized recreational, educational, or sporting activities occurring primarily on the property which may temporarily impact regular access and use by the general public. Events will require a written request and additional consideration, and will be allowed no more than four (4) times per year unless otherwise authorized by Eagle County and the Eagle Valley Land Trust. •Programs = Small, routine access for recreational or educational programs (fewer than 30 people). Must be approved by Eagle County. Prior to hosting an event or program, the applicant must first contact Eagle County Open Space. Programming and event requirements as set forth herein and on the following page may be amended from time to time. Eagle County Open Space expects to develop a program wide special event/programming policy, which may impose additional or different requirements. Programming that consists of a single, non- recurring request, that is determined by Eagle County after conferring with Eagle Valley Land Trust to have a minimal impact on the property, may not require advance written approval. In addition, programming that is determined to cause minimal impact as determined by Eagle County after conferring with Eagle Valley Land Trust may not require additional advance written approval after the first year of implementation of that program. Programming and events for the property will be considered by Eagle County on a case by case basis and on a first come, first served basis. Eagle County reserves the right to deny any request or application in its sole discretion. Eagle County reserves the right to approve or approve with conditions any request or application in coordination with the Eagle Valley Land Trust. Eagle County will proceed with and approve events and programming on a limited, trial basis over the first several years of implementation. During this interim period, Eagle County does not intend to approve events before facilities are in place to support them. Programming and event management actions are as follows: 50 Special Use Management Actions Ongoing •Ongoing maintenance, upkeep, and repairs to facilities •Evaluate programming and event application and review processes, and make adjustments as needed Short-Term •Require written approval for events and programming occurring on the property 51 Programming and Event Requirements Special events and programming on the property must comply with the following proposed requirements: •Events and programs must be hosted and managed by a nonprofit or local government entity. •Requests with more than 30 participants must be submitted in writing for consideration a minimum of 120 days before the event date to allow for review and approval by both Eagle County and Eagle Valley Land Trust. •Applications must demonstrate how the event is compatible with the Conservation Values for the property, and must include measures to minimize impacts on trails, facilities, parking areas, and natural resources. Producers will be required to provide the following detail as part of their application: o Anticipated maximum group size o Activity details o Entry fees, if applicable o Date and day of week o Time of the event o Projected impact on resources o Proof of event approval, if event also occurs on adjacent BLM or other public lands o Event plans, including location and site plan, parking management plan, spectator plan, emergency management plan, sanitation plan, and cleaning and restoration plan •Events and programs must not interfere with or adversely affect agricultural operations and must be scheduled to minimize impacts to wildlife. •Approvals will not be issued to areas closed to the public, including agricultural lands, restoration areas, or sensitive wildlife habitat. •Weddings and similar social events will not be allowed. •No amplified music or sound unless authorized by Eagle County and Eagle Valley Land Trust. •Commercial outfitters passing through the property to operate on BLM lands must be permitted to operate on BLM lands. •All events and programming will be required to comply with any conditions imposed, including but not limited to bonds, security deposits, insurance, and liability waivers. •All costs associated with the event or program will be borne by the producing nonprofit or local government, which will be expected to manage and host the event or program and will be responsible for their participants’ compliance with regulations. •Eagle County will not contribute financial, staff, or in-kind resources. •Events and programs produced by Eagle County will be given preference. During the first several years of implementation, Eagle County will begin permitting events on a limited, trial basis. During this interim period, Eagle County does not intend to approve events before facilities are in place to support them. These regulations are subject to additional revision. 52 Camping Requirements Overnight camping must comply with the following proposed requirements and all other camping is prohibited: •Primitive camping will only be considered in conjunction with an approved permitted event or program occurring on the property. •Camping permits will only be issued to local governments and nonprofit entities in conjunction with an approved permitted event or program occurring on the Property and must comply with the requirements identified for events and programming above. •Camping permit requests must be submitted in writing at least 120 days prior to the date of the event or program. •Camping requests will be evaluated by Eagle County staff and will be limited by the following criteria: o Tents and single-vehicle setups (pop-ups, rooftops, vans, etc. not exceeding 20 feet in total length); no camping trailers, busses, or large recreational vehicles o No more than three (3) consecutive nights per permit o No more than the allowable number of people and tents/vehicles, as determined by Eagle County •Up to six (6) camping permits will be issued between May 1 and October 30 each year, unless otherwise authorized by Eagle County Open Space and Eagle Valley Land Trust. •Permits will be issued on a first come, first served basis. •Preference will be given to nonprofit or local government organizations focusing on educational, youth or community outreach activities consistent with the Conservation Values. •Capacity may change based on site conditions and operations then occurring on the property including irrigation and site conditions then existing. •In the event an organizer fails to comply with rules, regulations and conditions of any permit, Eagle County reserves the right to refuse future permits. During the first several years of implementation, Eagle County will begin permitting camping on a limited, trial basis. During this interim period, Eagle County does not intend to approve events before facilities are in place to support them. These regulations are subject to additional revision. 53 Implementation The adopted Brush Creek Valley Ranch and Open Space Management Plan will be implemented at the sole discretion of Eagle County, as timing and resources allow. Implementation Priorities Based on a current understanding of management issues and opportunities, the following actions have been identified as near-term priorities for implementation within the first 2 to 3 years as resources allow. This list will be further evaluated and revised by technical advisors, Eagle County staff, and Eagle County Open Space Advisory Committee on an ongoing basis and will include a consideration of funding partnerships and grant opportunities for actions that require capital or other expenditures. Priority Implementation Actions Blue = Staff actions Purple = Staff actions with associated costs Red = Capital expense Resource Management 1. Monitor and map weed infestations annually 2. Document weed management strategies 3. Aggressively control weed infestations 4. Engage partners to plan for and implement riparian restoration efforts 5. Install fencing to exclude livestock from Brush Creek riparian areas 6. Establish vegetation monitoring program 7. Manage degraded area to restore vegetative condition 8. Implement wildlife closures on applicable trails Agricultural Management 1. Develop a Request for Proposals for agricultural management that emphasizes restoration, stability, and balance with other values 2. Develop annual operating plan with ranch lessee 3. Conduct routine maintenance to all ditches 4. Implement high-priority repairs to ditch infrastructure Public Access and Recreation 1. Install regulatory and informational signage at public access points 2. Regulate and manage dog access to trails and facilities 3. Identify necessary facilities for Recreation and Education Area; design and construct trailhead; demolish or stabilize vacant houses prior to public access 4. Construct/formalize trail connections in Trail Gulch area (Trail E) 5. Design and construct Trails A and B 6. Design and seek BLM approvals to implement Rim Trail (Trail D) 7. Seek funding and partnerships for Brush Creek Fishing Access and parking area 8. Finalize procedures related to events and programming on the property Ranch Infrastructure 1. Complete necessary maintenance on the residence 54 In light of the identified projects and work to be completed, it is recognized that partners and external funding sources will be necessary to fully implement this Plan. The Plan is intended to be a guiding document, and priorities may shift based on the following: • Available funding and opportunities, which may include: o Grants o Partnerships o Other funding sources • Permit requirements (e.g., environmental permitting, land use requirements) • Legal implications (e.g., third-party easements and agreements) • Staff resources It should be noted that some actions will take a number of years to implement or may never occur as a result of modifications to the Plan, changing conditions, or other factors. 55 References Colorado Parks and Wildlife (CPW). 2017. Species Area Mapping. GIS Data. Eagle County Conservation District (ECCD)a. 2016. Irrigation Asset Inventory. Ditch Owner’s Summary Report: Love and White Ditch. Prepared by SGM. September 2016. Eagle County Conservation District (ECCD)a. 2016. Irrigation Asset Inventory. Ditch Owner’s Summary Report: Wilkinson Ditch. Prepared by SGM. November 2016. Jaouen, Stephen. 2018. Initial Site Evaluation and Recommendations: Eagle Open Space – Hardscrabble Ranch. Memo from S. Jaouen, District Conservationist, Natural Resources Conservation Service. March 20, 2018. Rare Earth Science, LLC. 2017. Bassline Documentation Report. Hardscrabble Ranch Conservation Easement, Eagle County, Colorado. Prepared for The Conservation Fund. August 31, 2017. Wescoatt, Craig. District Wildlife Manager, Colorado Parks and Wildlife. Personal communication with planning team, July 18, 2018. Appendix A: Maps Figure 1. Property Location Map Figure 2. Irrigated Area Map Figure 3. Ranch Area Map Figure 4A. 2017 Baseline Noxious Weed Map Figure 4b. Noxious Weed Mitigation Map 2018 Figure 5. Regional Map with Existing Trails Figure 6. Management Emphasis Map Figure 7. Implementation Map – North Figure 8. Implementation Map – South §¨¦70§¨¦70 £¤6 £¤6 Brush Creek Rd Town ofEagle Town ofGypsum BLM BLM BLM Hardscrabble RdU.S.ForestService Æÿ131 BLM U.S.ForestService StateofCO StateofCO StateofCO Wolcott Edwards Cordillera B r u s h C r e e k Va l l e y R a n c h a n d O p e n S p a c e P r o p e r t y L o c a t i o n M a p [0 1.50.75Miles 1 inch = 3 miles Map may be subject to change. Implementation issubject to funding, satisfaction of permits & otherlegal requirements. This map was created by the Eagle County GIS Department.Use of this map should be for general purpose only.Eagle County does not warrant the accuracy of the datacontained herein. Figure 1 Brush Creek Valley Ranch and Open Space [[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[ [ [ [ [ [[[[[[[[[[[[[[[[[[[[[[ [[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[ [ [ [ [ [ [[[[[[[[[[[[[[[[[[[[[[[ [ [ [[[[[[[[[[[[[[ [ [ [ [ [ [ [ [[[[[ [ [[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[ [ [[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[ [ [ [ [ [ [ [ [ [ [ [ [ [[[[[[[ [ [ [ [[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[ [[[[[[[[[[[[[ [ [ [ [ [ [ [[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[ [[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[ Brush Creek RdTown of EagleBrus h Cre e k SaltC r eek BLMHardscrabble RdPrivate Parcel BLM Salt Creek RdTown of Eagle18 16 15 14 1317 19 11 21 2012 10 Love & White Ditch Frost DitchBorahDitchEastFrostD itchUpperFrostDitchMcKenzie Ditch W ilkinson D itchHollingswor t hPot t er No.2DitchHollings worth P otter Ditc hOlesonDi t chSaltCreekDitch Love Fro st Ditch Eagle County, Colorado Govmnt, GIS Dept P:\Department\Openspace\HardscrabbleRanch_062316\MXD\Hardscrabble_AgMgmt2018_082718.mxd Date: 10/17/2018 4:38:44 PM Name: scott.flemingB r u s h C r e e k Va l l e y R a n c h a n d O p e n S p a c eIrrigated A r e a M a p This map was created by the Eagle County GIS Department.Use of this map should be for general purpose only.Eagle County does not warrant the accuracy of the datacontained herein.[0 0.2 50.125Miles 1 inch = 1,250 feet Map may be subject to change. Im plem entation issubject to funding, satisfaction of perm its & otherlegal requirem ents 9 8 5 4 3 1 7 6 2 Figure 2 Stream [[[[[Existing Fence Existing Ditch Irrigated Area Brush Creek Valley Ranchand Open Space Brush Creek RdTown of EagleBrus h Cre e k SaltC r eek BLMHardscrabble RdPrivate Parcel BLM Salt Creek RdTown of EagleLove & White Ditch Frost DitchBorahDitchEastFrostD itchUpperFrostDitchMcKenzie Ditch W ilkinson D itchHollingswor t hPot t er No.2DitchHollings worth P otter Ditc hOlesonDi t chSaltCreekDitch Love Fro st Ditch Eagle County, Colorado Govmnt, GIS Dept P:\Department\Openspace\HardscrabbleRanch_062316\MXD\Hardscrabble_AgMgmt2018_RanchAreaMap_083018.mxd Date: 10/17/2018 4:42:58 PM Name: scott.flemingB r u s h C r e e k Va l l e y R a n c h a n d O p e n S p a c eRanch A r e a M a p This map was created by the Eagle County GIS Department.Use of this map should be for general purpose only.Eagle County does not warrant the accuracy of the datacontained herein.[0 0.2 50.125Miles 1 inch = 1,250 feet Map may be subject to change. Im plem entation issubject to funding, satisfaction of perm its & otherlegal requirem ents Figure 3 Stream Existing Ditch Ridgway Area Salt Creek Area Upper Ranch Area Brush Creek Valley Ranchand Open Space Headquarters Brush Creek Valley Ranchand Open Space Brush Creek RdTown of EagleBrus h Cre e k SaltC r eek BLM !CHardscrabble RdPrivate Parcel BLM Salt Creek RdTown of EagleEagle County, Colorado Govmnt, GIS Dept P:\Department\Openspace\HardscrabbleRanch_062316\MXD\Hardscrabble_WeedSpray2017_083018.mxd Date: 10/17/2018 4:35:17 PM Name: scott.flemingB r u s h C r e e k Va l l e y R a n c h a n d O p e n S p a c e2017 B a s e l i n e N o x i o u s W e e d M a p This map was created by the Eagle County GIS Department.Use of this map should be for general purpose only.Eagle County does not warrant the accuracy of the datacontained herein.[0 0.2 50.125Miles 1 inch = 1,250 feet Map may be subject to change. Im plem entation issubject to funding, satisfaction of perm its & otherlegal requirem ents Figure 4A Stream Noxious WeedIdentified in 2017 Brush Creek Valley Ranchand Open Space Brush Creek RdTown of EagleBrus h Cre e k SaltC r eek BLM !CHardscrabble RdPrivate Parcel BLM Salt Creek RdTown of EagleEagle County, Colorado Govmnt, GIS Dept P:\Department\Openspace\HardscrabbleRanch_062316\MXD\Hardscrabble_WeedSpray2018_082718.mxd Date: 10/17/2018 5:06:31 PM Name: scott.flemingB r u s h C r e e k Va l l e y R a n c h a n d O p e n S p a c eNoxious W e e d M i t i g a t i o n M a p 2 0 1 8 This map was created by the Eagle County GIS Department.Use of this map should be for general purpose only.Eagle County does not warrant the accuracy of the datacontained herein.[0 0.2 50.125Miles 1 inch = 1,250 feet Map may be subject to change. Im plem entation issubject to funding, satisfaction of perm its & otherlegal requirem ents Figure 4B Stream Brush Creek Valley Ranchand Open Space Weed Mitigation 2018 §¨¦70 §¨¦70 £¤6 £¤6 Brush Creek Rd Sylvan Lake Rd Town ofEagleBoundaryTown of Eagle BoundaryTo wn of Gyp su m Bound ary BLM BLM BLM BLM Pool & Ice RinkDirt SurferRoad GulchTrail GulchHaymaker Hardscrabble RdU.S.ForestService B e l l y a c h e R d Mayer Gulch The Wall RiddleEagle County, Colorado Govmnt, GIS Dept P:\Department\Openspace\HardscrabbleRanch_062316\MXD\Hardscrabble_RegionalwithTrails_083018.mxd Date: 10/17/2018 4:48:11 PM Name: scott.flemingB r u s h C r e e k Va l l e y R a n c h a n d O p e n S p a c eRegional M a p w i t h E x i s t i n g Tr a i l s Map may be subject to change. Implementation issubject to funding, satisfaction of permits & otherlegal requirements[0 10.5Miles 1 inch = 3,647 feet This map was created by the Eagle County GIS Department.Use of this map should be for general purpose only.Eagle County does not warrant the accuracy of the datacontained herein. Figure 5 Brush Cree k Valley Ra nchand Ope n Sp ace So ft Surface Trail Exisiting Pa ve d Trail Brush Creek RdTown of EagleBrus h Cre e k SaltC r eek BLM !CHardscrabble Rd#* !C #* !l &. &. Private Parcel BLM !l Salt Creek RdTown of Eagle#*#* #* Old Salt Creek Rd Foot & equ estrianuse o nly on thistrail Eagle County, Colorado Govmnt, GIS Dept P:\Department\Openspace\HardscrabbleRanch_062316\MXD\Hardscrabble_ZoningMgntEmphasis_083018.mxd Date: 10/17/2018 4:29:06 PM Name: scott.flemingB r u s h C r e e k Va l l e y R a n c h a n d O p e n S p a c eManagement E m p h a s i s M a p[0 0.2 50.125Miles 1 inch = 1,250 feet Map may be subject to change. Im plem entation issubject to funding, satisfaction of perm its & otherlegal requirem ents. Stream Dryland Agriculture Irrigated Agriculture Gate&. Fishing Access!l ExistingTrail: Soft Surface Riparian Habitat Restoration Future Trail: Soft Surface Future Community Trail: Paved Existing Community Trail: Paved Figure 6 Future Bridge#* Trail with ExtendedSeasonal Closure:Soft Surface Recreation & Education Area Natural Area F u t u r e Tr a i l h e a d!C Brush Creek Valley Ranchand Open Space This map was created by the Eagle County GIS Department.Use of this map should be for general purpose only.Eagle County does not warrant the accuracy of the datacontained herein. Brush Creek Valley Ranchand Open Space Headquarters D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D Brush Creek RdTown of Eagle#* !C #* !l &. &. Private ParcelTown of Eagle#*#* Install gates and signageto reinforce extendedseasonal closure Future small parking areaand w alk-in fishing access Repairs to Love &White Ditch Extended seasonal closure(6/30) for elk calving Connection to futureBLM trails Signage to protectriparian habitat Reroute Riddle Trailto avoid homes Future trailhead and bridge Stabilize or remove old houses Future Programming Area Trail connections subjectto BLM approval Install fencing to segregate trail frompasture areas Future trail bridgeover Salt CreekTrai l BConnection to futureBLM trails Trail A Restrict grazingper plan Restrict grazingper plan Trail C Trail D Tr a il CBLM BLM Eagle County, Colorado Govmnt, GIS Dept P:\Department\Openspace\HardscrabbleRanch_062316\MXD\Hardscrabble_ZoningMgntEmphasisWithComments_NorthHalf_081018.mxd Date: 10/17/2018 4:25:52 PM Name: scott.flemingB r u s h C r e e k Va l l e y R a n c h a n d O p e n S p a c eImplementation M a p N o r t h [0 0.1 50.075Miles 1 inch = 820 feet Map may be subject to change. Implementationis subject to funding, satisfaction of permits &other legal requirements. Stream Dryland Agriculture Irrigated A griculture Gate&. Fishing Access!l ExistingTrail: Soft Surface Riparian Habitat Restoration Future Trail: Soft Surface Future Com munity Trail: Paved Existing Com munity Trail: Paved Natural Area Recreation & Education Area Future Bridge#* Trail w ith ExtendedSeasonal Closure:Soft Surface Brush Creek Valley Ranchand Open Space Headquarters Figure 7 No Public Access D D D D D D D D D D D D This map was created by the Eagle County GIS Department.Use of this map should be for general purpose only.Eagle County does not warrant the accuracy of the datacontained herein. F u t u r e Tr a i l h e a d!C Brush Creek Valley Ranchand Open Space D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D DBrushCreek SaltCre ekBLM !CHardscrabble Rd#* Private Parcel BLM !l Salt Creek RdTown of Eagle#* Trail connections subjectto BLM approval Install fencing to segregate trail frompasture areas Future trail bridgeover Salt Creek Connection to futureBLM trails - Location TBD Expand winteruse parkingin future Foot & equestrianuse only on thistrail Construct new trailheadTrail DOld Salt Creek Rd T r a il C Close this segement of Old Salt CreekRoad to motor vehicles & closeexisting trailhead T r a i l ET r a il F Subject to possibleseasonal closure Existing trail openyear round BLM Eagle County, Colorado Govmnt, GIS Dept P:\Department\Openspace\HardscrabbleRanch_062316\MXD\Hardscrabble_ZoningMgntEmphasisWithComments_SouthHalf_081018.mxd Date: 10/17/2018 4:20:11 PM Name: scott.flemingB r u s h C r e e k Va l l e y R a n c h a n d O p e n S p a c eImplementation M a p S o u t h Figure 8 [0 0.30.15Miles 1 inch = 922 feet This map was created by the Eagle County GIS Department.Use of this ma p should be for general p urpose only.Eagle Cou nty does not warrant the accuracy of the d atacontained herein. Map may be subject to change. Implementation is subject to funding, satisfaction of permits & other legal requirements. Strea m Drylan d A griculture Irriga te d Ag riculture Fish ing A ccess!l Existing Trail: S oft Surface Rip arian Hab itat Restoration Fu tu re Tra il: Soft S urface Fu tu re Com m unity Trail: Paved Existing Com m unity Trail: Paved Na tu ra l A re a Fu tu re Bridg e#* No Pu blic Access D D D D D D D D D D D D F u t u r e T r a i l h e a d!C Brush Cre ek Valley Ranchand Op en S pa ce Appendix B: Public Comment Appendix  B:  Public  Comment     Public  Comment  –  Scoping     Comment  Period:  May  17  through  June  30,  2018     Written  Comments     Community  Open  House  events     Attendees  of  the  Community  Open  House  events  were  given  the  opportunity  to  provide   written  comments  on  a  printed  comment  form.  The  following  is  a  transcript  of  written   comments  received  at  the  two  Open  House  events:     May  17,  2018  Open  House     1.  Keep  land  rural,  agrarian  -­‐  managed  by  experienced  farmer   Preserve  water  rights  –  honor  Brush  Creek  Management  Plan     Extend  several  bike/hike  trails  from  Bellyache  Ridge   Public  fishing,  not  commercial,  assure  not  over-­‐fished     Provide  easement  for  paved  bike  trail  adjacent  or  near  Brush  Creek  Road     2.  The  Hardscrabble  Open  Space  purchase  by  Eagle  Land  Trust  is  an  amazing  feat.  I  am   happy  to  live  in  a  community  that  values  open  spaces.  I  would  like  to  see  the  paved  trail   expanded  along  Brush  Creek  Road.  And  the  expansion  of  some  mountain  biking  trails.     I  also  think  it’s  a  smart  idea  to  separate  hiking  and  biking  trails.  Preserving  the  land  with   careful  stewardship  is  a  priority  for  me  and  my  family.       3.  A  few  special  occasions  for  people  who  donated  $1,000+  to  fish  the  property  before   it’s  open  to  the  public   Turn  the  location  currently  used  by  the  ranch  manager  into  a  beautiful  park  area.  This  is   the  heart  of  the  property  and  should  not  be  kept  from  the  public.  The   caretaker/manager  can  live  elsewhere  just  like  the  rancher  who  irrigates  and  hays  the   Haymeadow  property.     Install  a  bike  path  away  from  the  road  asap  before  someone  gets  hit  by  a  car/truck  on   Brush  Creek  Road.     Thank  you     4.  Trail  connectivity  up  Brush  Creek   Future  easement  through  private  property     Campground     Historic  farm  preservation  with  events     5.  I  love  the  idea  of  another  climbing  trail,  boneyard-­‐esk.     Also  the  possibility  to  farm  small  parcels  of  this  land  as  a  young  farmer  sounds  amazing.     I  coach  for  The  Cycle  Effect  and  having  a  soft  surface  connector  trail  from  the  Haymaker   area  to  Riddle  will  also  greatly  reduce  potential  to  be  hit  by  cars!     Thanks  for  all  you  do!       6.  It  looks  like  on  the  Hardscrabble  Ranch  project  all  mountain  bikers  are  looking  for  is  a   way  to  cross  the  northern  end  of  the  property  to  create  a  connection  between  the   Haymaker/Ice  Rink  trails  and  the  Eagle  Ranch  trails  off  Arroyo  Drive.       May  23,  2018  Open  House       1.  I  am  a  resident  of  Eagle  Ranch  and  am  strongly  interested  in  ensuring  hunting  and   hunting  access  to  adjacent  BLM  land  is  NOT  permitted.     Elk  &  deer  populations  are  down  and  it  doesn’t  seem  prudent  to  add  opportunities  for   hunting.  I  don’t  want  my  tax  dollars  to  be  used  to  support  this  activity.       2.  Multi-­‐use  trails,  especially  easy  mountain  bike  trails     3.  Traffic  impact  on  the  environment  and  migratory  animals.  Hunting  and  fishing  limits   on  the  trust  land.       4.  Please,  please  leave  major  habitat  areas  closed  to  motor,  mtn  bike  and  seasonally   closed  to  hiking.       5.  Control  hunter  access  by  taking  a  small  access  fee.       6.I  would  like  to  see  hiking  only  no  mtn  bike  trails  through  the  open  space  with  access  to   BLM     7.  It  would  be  nice  to  connect  Boneyard  (Bellyache)  Road  to  Hardscrabble  Road.     Bike  path  should  be  extended  through  property.  Bikes  &  cars  don’t  mix  well  on  this  road.       8.  Elk  hunting  outfitters  camp   Elk  hunt  horse  and  mule  pack  service     Rental  space  for  hunting  groups  to  set  up  tents     Parking  and  staging  area  for  outfitters  with  horses  &  trailers     Bring  in  turkey,  pheasants  and  other  “seed”  game  birds  for  protected  hatching  areas  in   the  wild     Need  areas  for  support  of  horse  &  foot  recreators  NOT  more  bike  and  motor  sports   users     9.  Consider  leaving  Trail  Gulch  as  a  hiking/equestrian  only  area.     Protect  wildlife  habitat     Share  the  history  of  the  property  with  interpretive  signs,  special  programs       10.  Love  to  see  the  old  Brush  Creek  Road  turned  into  a  bike  path  and  new  road  built  to   the  west.     Also  riparian  areas  protected     Bird  habitat  protected  as  well       11.  I  would  like  to  see  mountain  bike  trails  that  are  doable  by  beginners,  youngsters  and   seniors     12.  Great  things  to  have:     Access  from  one  BLM  parcel  to  other  across  the  road   Fishing  access  that’s  hard  surface  to  prevent  erosion     Some  provision  for  riding  horses     History  &  ecosystem  kiosks?   Keep  educational  opportunities  in  mind     Online  Comments     The  County  accepted  online  comments  during  the  Public  Comment  –  Scoping  period,   from  May  17  through  June  30,  2018,  via  the  Open  Space  section  of  the  Eagle  County   website.  Following  are  the  comments  received  during  that  timeframe.             Email  Comments     The  following  email  comments  were  received  by  staff  prior  to,  or  during,  the  Public   Comment  –  Scoping  period.       1.  Jeff  Piper     Diane,       Thank  you  for  the  tour.  I  had  not  seen  the  upper  bench,  or  range  land  on  previous  trips,   so  it  was  nice  to  be  able  to  get  a  better  understanding  of  the  entire  property.  I  will  be   happy  to  contact  Retta  and  ask  her  for  some  advice  on  range  land  management.  Maybe   when  we  get  her  out  her  we  can  reschedule  with  Bowdrie  to  discuss  his  management   plans  or  concerns.       In  the  mean  time,  here  are  some  of  our  notes  from  the  meeting,  please  let  me  know  if   you  have  any  further  questions.   -­‐  Cattle  movement  and  management.  Currently  there  is  only  perimeter  fencing  and  no   fencing  structures  exist  to  manage  movement  of  the  cattle/control  their  grazing   preferences.      A  management  plan  that  establishes  hay  pasture  vs.  range  grazing  should   be  adopted  and  the  cattle  should  be  managed  according  to  the  management  plan  to   ensure  optimal  growth  of  hay,  range  plants,  and  cattle.  Armored  structures  are   recommended  for  areas  where  cattle  are  entering  the  stream  bank,  the  use  of  natural   features  as  well  as  fencing  to  dictate  access  to  those  areas  should  be  established.  Other   areas  should  include  ex-­‐closures,  areas  where  animals  are  not  able  to  access.  Keeping   the  cattle  off  the  highly  erodible  areas,  such  as  the  hillside  should  be  a  high  priority.   Small  ex-­‐closures  within  the  grazing/hay  areas  could  be  used  to  establish  carrying   capacity/harvest  rates  at  the  ranch.       CSU  Extension  employees  a  range  land  specialist,  Retta  Bruegger  who  would  happily   come  to  visit  with  Eagle  County  on  how  to  best  manage  the  range  land  on  the  upper   bench  of  the  property.  With  her  help  and  expertise,  we  could  establish  carrying  capacity   for  the  parcel  and  more  informed  grazing  practices.  We  will  schedule  a  site  visit  with   Retta  for  the  near  future.       -­‐  Moving  forward  there  are  several  budget  considerations  for  improvements  and  or   maintenance.  There  is  a  large  scale  weed  problem  on  the  upper  bench  that  will  need  a   minimum  of  5yrs  to  control  effectively.  In  order  for  any  operation  to  remain  viable,  this   weed  problem  needs  to  controlled  effectively.  Eagle  County  Conservation  District   recently  conducted  a  ditch  inventory,  the  inventory  detailed  repairs  needed  to   structures  and  overall  ditch  conditions.  The  inventory  can  help  to  prioritize  the  water   conservation  projects  on  the  property.       -­‐  There  should  be  a  long  term,  multi  staged,  development  plan  that  includes  the  desires   of  a  wide  range  of  users,  both  agriculture  and  recreational.  The  management  plan   should  be  established  by  an  advisory  committee  made  of  individuals  who  represent  the   multiple  users  the  ranch  hopes  to  serve.  CSU  Extension  is  willing  to  assist  at    work   sessions  with  the  advisory  board,  BOCC  and  or  Open  Space  Board.       -­‐  Other  agencies  or  associations  should  be  seen  as  resources  for  funding   projects/improvements  on  the  ranch.  These  parties  could  include,  but  are  not  limited  to   Trout  Unlimited,  BLM,  Colorado  Elk  Foundation,  Hardscrabble  Trails  Assoc.  etc.       Thanks  again  for  the  tour!  We  will  be  in  touch!     Jeff  Piper,  Formerly  CSU  Extension  Office       2.  Lee  Rimel     Email  1.  Diane,  does  Eagle  County  Open  Space  offer  a  similar  program?  Much  continues   to  evolve  re  Farm  to  Table  and  supporting  local  farming.  The  book,  “Letters  to  a  Young   Farmer”  is  a  good  read  on  this  subject.  Lee   https://www.aspentimes.com/news/local/big-­‐boost-­‐for-­‐smaller-­‐farmers-­‐planned-­‐in-­‐ roaring-­‐fork-­‐valley-­‐in-­‐2018/     Email  2:  Diane,  how  do  I  stay  in  the  loop,  ideally  emails,  re  Hardscrabble  planning.     My  interests  are  recreational  trails  and  creating  lands  for  farming…..farm  to  table   opportunities  especially  for  young  farmers,  respecting  the  heritage  of  Eagle  County,   once  a  significant  Potato  and  Lettuce  producer.  It  is  important  to  create  opportunity  in   our  community  to  create  for  economically  viable  farming  as  is  happening  in  many   municipalities  around  the  country.     Lee   Lee  Rimel     Email  3.  Diane,   This  is  what  I’d  like  a  portion  of  the  ranch  to  provide.  These  opportunities  are  being   provided  across  the  nation,  governments  realizing  the  need  for  local  food  production   and  to  provide  entrepreneur  opportunity  for  aspiring  young  farmers.  I  encourage  all  to   read  “Letters  to  a  Young  Farmer”  and  “A  Cup  of  Clear  Cold  Water;  Life  on  Brush  Creek”   by  Helen  Dice.  Ranchers  in  Eagle  County  depended  heavily  on  cash  crops  of  potatoes   and  cabbage,  loaded  on  RR  Cars  at  the  Eagle  Depot  for  shipment  to  cities,  to  support   themselves.  Not  only  cash  but  the  Ranchers  survived  winter  eating  vegetables  &  fruit   from  their  gardens  that  were  canned  or  stored  in  Root  Cellars.  It  is  important  to  provide   acreage  at  Hardscrabble  Ranch  that  Young  Farmers  can  profitably  produce  food  on.  This   brings  back  an  important  part  of  Eagle  County's  heritage  and  enables  all  citizens  to  enjoy   farm  to  table  fresh  food.     Here  are  web  sites  to  go  to  for  more  info:   WWOOF-­‐USA:  https://www.delval.edu/continuing-­‐and-­‐professional-­‐studies/credit-­‐ certificate-­‐programs/organic-­‐farming-­‐program   https://www.stonebarnscenter.org   http://cyfea.org   https://www.coloradofarmbureau.com/2018/04/18/colorado-­‐young-­‐farmers-­‐ranchers-­‐ launches-­‐choppin/   Big  boost  for  smaller  farmers  planned  in  Roaring  Fork  Valley  in  2018   Lee       3.  Jacci  McKenna     Hi  there,     It's  Jacci  :)  I  hope  you  are  enjoying  the  weekend!     I  wanted  to  reach  out  after  reading  the  Vail  Daily  article  -­‐  "Where  has  the  wildlife  gone?"   You  know  me  and  critters...I  got  to  thinking  about  this  in  a  couple  ways.  The   Hardscrabble  Ranch  open  space  acquisition  is  in  it's  infancy  in  terms  of  determining   what  access  and  recreational  opportunities  exist.  I  attended  one  of  the  forums  and   shared  a  comment  card  requesting  hunting  and  hunter  access  not  be  permitted  as  a   result  of  the  declining  elk  population,  I  appreciated  the  opportunity  to  share  input.  I   know  Vail  is  grappling  with  a  similar  issue  regarding  their  bighorn  sheep  herd.     Today's  article  is  even  more  dire  than  I  had  originally  thought.  I  understand  the  interests   being  balanced  and  that's  what  led  me  to  the  second  nexus  -­‐  Sustainable  Communities.  I   see  sustainability  as  a  larger  proposition  than  energy  and  recycling  although  those  are   critical  components.  Perhaps  this  could  be  considered  from  both  of  your  departments   perspectives?     One  of  our  communities'  economic  engines  is  our  environment  -­‐    how  would  tourism  be   impacted  if  the  wildlife  were  gone?  Hunting  licenses  have  already  been  reduced  from   2,000  to  200  because  of  the  50%  reduction  in  elk  over  the  last  10  years.  If  the  herds   continue  to  decline,  licenses  may  not  be  available  at  all.     As  the  article  said,  if  elk  are  going  to  survive  in  Eagle  County,  there  needs  to  be  land  set   aside  for  wildlife  that  is  off  limits  to  humans.  There  is  a  carrying  capacity  for  various   environments.  There  is  only  so  much  land  in  Eagle  County,  and  at  some  point,  people   will  have  to  determine  if  they  value  wildlife  enough  to  make  sure  there  is  room  for  elk   and  deer  herds  in  this  valley.  "How  many  miles  of  trails  and  development  is  enough?   Sooner  of  later,  you  are  going  to  have  to  say  no  more,"  said  Bill  Andree  (CPW  Wildlife   Manager.)     Might  this  be  an  opportunity  for  us  to  live  our  values  and  do  what  we  can  to  protect  the   environment  we  cherish?     Eagle  County  government  strategic  plan  includes  prioritizing  the  environment  and   sustainable  growth,  protecting  our  forests,  climate  and  way  of  life.    That  suggests  to  me   an  opportunity  to  demonstrate  environmental  stewardship  by  maintaining  the  ranch   the  way  it  is  in  perpetuity  through  a  conservation  easement  precluding  any  activity  that   isn't  already  there.  I  also  question  leasing  the  property  for  cattle  because  that  also   conflicts  with  wildlife.     I  recognize  this  may  be  a  tall  order  given  the  various  interests.  I  am  optimistic  that  with   education  and  engagement,  those  constituent  groups  would  support  this  step  as  a  win   for  everyone  as  it  protects  our  way  of  life.     Thank  you  for  your  consideration.  Let  me  know  what  you  think  -­‐     Have  a  good  one!     Jacci     4.  Adam  Palmer  /  Hardscrabble  Trails  Coalition       Diane,  John,  and  Miles,     Last  week  some  HTC  volunteers  met  to  discuss  trails  planning  in  general  and  in   particular  developing  a  recommendation  for  Hardscrabble  Ranch  open  space  as  it   pertains  to  non-­‐motorized  trail  use.      We  also  did  a  field  visit  and  took  a  look  at  some   potential  options  for  connection  through  Town  and  County  open  space.     Currently  our  recommendations  /  strategy  includes  the  following:     •  Negotiate  with  Haymeadow  property  owners  to  gain  temporary  access  to  the  public   utilizing  the  existing  gravel  driveway  which  connects  to  the  Haymaker  trails.    In   the  future  a  slightly  different  alignment  connecting  Brush  Creek  Road  to   Haymaker  and  the  East  Eagle  trail  system  may  make  more  sense,  but  the  group's   goals  in  this  connection  were  essentially  to  keep  it  simple,  utilize  the  existing   gravel  drive  if  possible  even  for  the  longer  term  as  allowable  to  avoid  potential   interference  with  ranching  operations,  drainage  and  flood  irrigation  coordination   /  trail  design  management  challenges,  etc.    Again  the  goal  for  this  area  was  to   provide  a  simple  direct  connection  between  trail  areas  to  get  across  the  valley   floor,  rather  than  design  a  weaving  undulating  new  trail  impacting  the  field  /   meadow  area(s).     • Identify  and  potentially  construct  a  trail  which  connects  from  the  Town  of  Eagle  'shed   property'  on  the  west  side  of  Brush  Creek  Road  immediately  across  the  street   from  the  Haymeadow  access  road  identified  above  which  crosses  Brush  Creek  at   a  convenient  location  and  climbs  up  the  hill  utilizing  sustainable  grades  to   connect  to  either  Riddle  trail  or  other  location.    There  is  an  existing  horse  trail   utilizing  this  grade  which  is  already  well  cut  in,  utilizing  sustainable  grades  which   could  be  improved  relatively  simply  with  volunteers  to  connect  to  Riddle  or   other  point  to  integrate  with  the  Eagle  Ranch  trail  system.    This  approximate   alignment  is  shown  as  in  attached  Riddle  to  Brush  Creek  maps.The  character   recommendation  of  this  trail  would  be  to  utilize  the  'rim  trail'  experience  of   views  of  the  Brush  Creek  valley  while  staying  slightly  below  the  crest  of  the  ridge   and  out  of  view  from  nearby  homes  in  Eagle  Ranch  highlands.       • As  suggested  by  Yuri  previously,  a  trail  connector  following  the  rim  to  the  south  and   connecting  to  Hardscrabble  Road  could  provide  a  nice  additional  loop  experience   and  connection  to  other  trails.    We  looked  at  the  feasibility  of  routes  to  do  this   and  were  pleasantly  surprised  at  the  relative  simplicity  in  grades,  existing   livestock  /  equestrian  /  game  trail  alignments,  and  extended  high  quality  rim  trail   experience  and  views  this  would  provide.    Depending  on  alignments,  this  trail   may  cross  BLM  property.    Other  than  that  it  primarily  would  utilize  Eagle  County   open  space  property  as  shown  in  the  'Riddle  rim  to  Hardscrabble  options'  map  as   attached.     • There  may  be  some  other  trailheads  /  amenities  /  connectors  from  southern  portions   of  Hardscrabble  Ranch  to  support  future  trails  planning  on  BLM  and  portions  of   open  space  along  the  foothills  to  the  south  and  east  of  historically  irrigated  lands   on  Hardscrabble  Ranch.    We  look  forward  to  partnering  on  discussions  for  these   areas  as  trails  planning  may  evolve  in  future  phases  to  best  support  common   land  management  goals.    However,  we  aren't  identifying  specific  trail  alignments   at  this  time  in  lieu  of  the  priorities  listed  above  to  provide  a  viable  strategic   connection  of  trail  systems  across  the  Brush  Creek  valley.       Let  me  know  your  availability  to  meet  and  discuss  further  as  it  pertains  to  Hardscrabble   Ranch  open  space  planning,  Town  of  Eagle  Travel  Management  Plan,  and  BLM  trails   planning.     Thank  you,     Written  Correspondence           United States Department of Agriculture Natural Resources Conservation Service Glenwood Springs Service Center 258 Center Drive Glenwood Springs, CO 81601 _________________________________________________________________________________________________________ NRCS Helping People Help the Land USDA is an equal opportunity provider and employer Page 1 of 3 Stephen R. Jaouen District Conservationist Direct Line: (970) 404-3443 Office: (970) 945-5494 stephen.jaouen@co.usda.gov March 20, 2018 To: Whom It May Concern RE: Initial Site Evaluation and Recommendations: Eagle Open Space – Hardscrabble Ranch On March 13th, 2018 I met with representatives of Eagle County Open Space, Phillip Kirkman and Diane Mauriello, as well as Bill Mangel from ERO and Amy L Cassidy from Take Aim Marketing to tour the ranch that was recently purchased by Eagle County. I was asked to give my recommendations on resource concerns and where to focus the limited budget and labor that Eagle County has for improvements. Initial examination of the property indicates that the previous ownership provided limited investment into the property as well as little direction on the care of the property. As such the property is in need of substantial investment in vegetation management, irrigation water management and infrastructure. It is my opinion that the current leasee is doing the best they can in a tough situation (no specific goals, guidance, and short-term lease agreements). As goals and objectives for the property seem to be in flux and have not been well established it is my recommendation that the initial focus should be on vegetation management. Once more defined goals and objectives are established focus can turn to irrigation water management, grazing management and infrastructure improvements. Vegetation Management – Noxious Weed Control 1. Proper noxious weed control using Integrated Pest Management. a. The property is infested with noxious weeds. As a good steward and a good neighbor, I believe a proper Integrated Pest Management Plan should be initiated and followed. b. One of the first tasks of this plan should be the accurate location and identification of noxious weeds throughout the ranch with a mapping initiative. This will help the county understand where, how much and which noxious weeds are on the ranch. c. A monitoring protocol should be set up to see how well efforts are going and catch new infestations. 2. Areas will need to be rested from livestock (cattle and horses) during initial control efforts. a. Proper rest-rotation of livestock is needed throughout the ranch. Leaving areas time to recover after grazing. Especially areas that are seeded after initial control efforts. b. Infrastructure (fencing & water developments) will need to be installed in order to execute a proper grazing rotation system. Fencing could be as easy as temporary electric fence if livestock are trained to it. Water developments are more costly and proper placement of these will need to be discussed with the operator. 3. Seeding of sites will be necessary and goals for these sites need to be established for proper species selection (i.e. irrigated vs non-irrigated, grazed or not grazed, pasture vs hay). a. Use livestock if available to prepare the site by removing unwanted forage. United States Department of Agriculture NRCS Helping People Help the Land USDA is an equal opportunity provider and employer Page 2 of 3 b. All sites that are seeded will need to be rested from livestock for at least 1 full growing season if irrigated and 2 full seasons in non-irrigated areas. Noxious weed control is a long-term objective that takes sustained effort and understanding by all parties. Certain sites will need to be closed to human traffic and livestock use to minimize spread and maintain safety. Hay and Pasture – Irrigation Water Management The Pasture and Hay grounds are mostly in good shape. Soils that underlie these fields are very productive for this area. Almost all these irrigated fields have the potential to grow over 3 tons of grass hay per acre (see Grass Hay Map – North & South). However, there are some things that are limiting their productivity. They have little bare ground, but the species composition is limiting production. Kentucky bluegrass (Poa pratensis) dominates most of the hay and pasture systems. This species tends to limit productivity of hay and pasture systems due to its short stature and shallow root system. It crowds out other hay and pasture species that would improve the quality and quantity of these fields. Refurbishing these fields should be a task if improved quality and quantity of the hay and pastures is a goal for the ranch. Once refurbished Forage Harvest Management should be implemented to keep Kentucky bluegrass from dominating the fields. Water management is always a resource that can limit production. As I have limited experience on the way this ranch is irrigated it would take more visits during irrigation season to better understand how this could be improved but it’s safe to say with flood irrigation there could be improvements that would increase production. This may just be more labor to rotate water properly throughout the ranch to limit over and under irrigation. The last resource that is limiting production would be nutrients. Nutrient management could increase productivity as our hay and pasture grounds tend to require some nitrogen input to maximize production. The fields under the Love and White Ditch, the Wilkinson Ditch, the McKenzie Ditch and the Love Frost Ditch seem to be properly irrigated from what I can tell from historical aerial photography. The “Salt Creek Pastures” seem somewhat over irrigated but that may be an indication of infrastructure problems or high ground water table. However, the fields under the Hollingsworth and Potter Ditch seem to be poorly irrigated. This could indicate an infrastructure problem but as this visit was during late winter no water was currently being diverted. A proper review of all irrigation infrastructure will be needed to understand limitations and opportunities. Infrastructure investments are expensive, so great care should be taken to understand the ranches needs before projects are scheduled. Riparian Areas – Brush Creek & Salt Creek Both Brush Creek and Salt Creek look to be in fair shape vegetatively as well as hydraulically except for some limited areas where intrusions into the stream systems by humans (headgates, bridges, etc.) and livestock have created some resource concerns. Headgate and check structures in the creeks need to be designed to improve water delivery as well as fish passage and stream health. These types of structures are expensive and so a proper investigation on needs should be done on each structure. As for livestock intrusions into the creeks, alternative water supplies should be developed with some slight changes in management to reduce livestock impacts. These don’t need to be expensive fixes but need proper thought of both the creek and livestock needs. United States Department of Agriculture NRCS Helping People Help the Land USDA is an equal opportunity provider and employer Page 3 of 3 NRCS Funding and Technical Assistance NRCS has funding available for most of the projects that are needed on the ranch. EQIP (Environmental Quality Incentive Program) is a competitive granting mechanism that can help reduce the cost of many of the projects to the owner or operator of the property. However, since this land is publicly owned only the operator of the ranch would be eligible for EQIP. The operator would need to have a long-term lease to meet the programs guidelines (usually over 5 years). This is only an initial review of the property conducted over a 2-hour period. A more detailed review of the property would take many hours or days over multiple seasons to get all the concerns and opportunities identified. Discussion with the operator will be vital to understanding the operational needs of the ranch. As other interests begin to add concerns and demands it will be vital to have set goals and objectives for the ranch. NRCS is here to provide whatever technical assistance we can with our current limited staff. Our engineering services are extremely limited due to resignations and retirements. However, we still have other services that we can provide. Please feel free to contact us at any time if you have questions, concerns or would like to schedule a field visit. Sincerely, Stephen Jaouen USDA, NRCS Glenwood Springs Service Center Enclosures – see Grass Hay Map – North & South   Field  Testing  and  Concept  Review     At  the  conclusion  of  the  scoping  period,  the  management  planning  team  began  field-­‐ testing  management  concepts  and  actions.  This  effort  included  additional  meetings  with   experts,  stakeholders  and  user  groups,  the  Eagle  County  Open  Space  Advisory   Committee  and  the  Eagle  County  Board  of  County  Commissioners  to  obtain  input  on  the   general  direction  as  well  as  specific  proposed  management  actions.  These  groups   included  representatives  from:     • Colorado  Parks  &  Wildlife     • Bureau  of  Land  Management     • NRCS  and  CSU  Extension     • Current  ranch  manager     • Town  of  Eagle  Open  Space  staff   • Eagle  Ranch  Wildlife  Committee   • Hunting  community     • Trout  Unlimited   • Young  Farmers     • Pitkin  County  Open  Space     • Boulder  County  Open  Space     • Hardscrabble  Trails  Coalition     • Eagle  Valley  Land  Trust     • Backcountry  Horsemen  of  America  –  Mountain  Trekkers     • Agriculture  community     • Eagle  County  Open  Space  Advisory  Committee   • Eagle  County  Board  of  County  Commissioners           Public  Comment  on  Draft  Management  Plan       Written  comments  from  September  19,  2018  Community  Presentation  of  Draft   Management  Plan     Attendees  at  the  Community  Presentation  of  the  Draft  Management  Plan  were  given  the   opportunity  to  provide  comment  on  the  plan  on  printed  comment  forms.  The  following  is   a  transcript  of  comments  received  at  the  presentation:       1.  Generally  one  would  fish  upstream.  Should  the  fishing  parking  be  at  the  lower  end  of   the  fishing  areas?     Would  the  creek  flow  be  increased  making  for  healthier  riparian  habitat  if  there  were   not  irrigated  parcels?  Who  does  this  irrigation  serve?  Who  needs  the  hay?     Vote:  Brush  Creek  Valley  Ranch  and  Open  Space     I’d  like  to  better  understand  why  the  big  planned  investment  in  irrigation  systems.  If   those  same  resources  were  invested  in  the  riparian  habitat  would  the  natural  features   be  more  quickly  enhanced?  Why  livestock?  For  example  could  stream  restoration  like   that  done  in  Eagle  better  serve  the  public?       2.  It  is  a  complete  contradiction  to  conserve  the  ranch  then  open  it  to  create  more  trails,   parking  areas  and  hunter  access  across  the  ranch.  The  elk  nor  deer  will  tolerate  the   continual  traffic  on  these  trails.     Possible  closure  of  trails  in  December  for  winter  range  is  worthless  as  the  deer  come   down  in  October,  normally  around  the  15th.     I  thought  the  parcel  was  purchased  to  create  a  total  barrier  at  the  edge  of  town.     -­‐ 45-­‐year  resident       3.  More  trails  –  hiking,  mountain  biking,  link  to  existing  town  trails       Online  comments  on  Draft  Management  Plan     The  Draft  Management  Plan  was  posted  on  the  Open  Space  section  of  the  Eagle  County   website  from  September  17  through  October  10,  2018.  An  online  comment  form  was   created  for  citizens  to  provide  comment  on  the  Plan.  A  transcript  of  the  online  comments   follows:       Online  Comments  Draft  Management  Plan       1.  This  open  space  is  a  valuable  addition  to  Eagle  County.  Thank  you  for  your  hard  work   on  the  plan.  I  strongly  support  the  concept  of  a  path  along  Brush  Creek  Road,  hopefully   one  that  could  be  used  by  bicycles.           2.  It  is  unclear  how  the  alignment  and  proposed  "Trail  B"  (Figure  7)  is  justified  after   reading  the  2016  baseline  report  prepared  for  the  conservation  fund  by  Rare  Earth   Science,  and  reading  the  draft  management  plan  summary  of  existing  habitat  and  CPW   tracked  species.  I  do  not  believe  construction  of  this  trail  adds  is  justified  when   considering  the  significant  impact  it  will  create  and  respectfully  request  that  no  seasonal   trail  access  is  allowed  above  the  hollingsworth  potter  ditch  in  this  corner  of  the  property.   While  I  understand  the  proposed  gate  closure,  existing  'voluntary'  seasonal  closures  on   haymaker  have  proven  fairly  ineffective  in  my  experience  due  to  many  factors.  Please   consider  removing  this  proposed  Trail  B  and  either  routing  bikers  back  down  to  Brush   Creek  Road  on  an  existing  ranch  service  road,  or  routing  bikers  down  the  ranch  road   below  the  ditch  to  existing  trail  network  on  the  southern  part  of  the  property  accessing   the  salt  creek  area.  I  believe  concentrating  public  access  and  impact  in  that  location  is   preferable  to  developing  new  impacts  and  encroachment  into  winter  range,   concentration  areas  for  both  elk  and  deer.  Thank  you       3.  Draft  Hardscrabble  Ranch  Mgt  Plan  Feedback  10-­‐5-­‐18   The  feedback  provided  below  aligns  with  multiple  elements  of  the  mission  of  the  Eagle   County  Open  Space  program  by:  •  Protecting  wildlife  habitat  or  wildlife  movement   corridors  •  Maintaining  scenic  quality  and  viewsheds  that  contribute  to  Eagle  County’s   sense  of  natural  beauty  •  Protecting  riparian  areas,  floodplains,  and  other  sensitive,   unique,  or  endangered  ecosystems  and  environments  •  Preserving  working  farms  and   ranches  that  provide  a  sense  of  heritage  and  history  •  Providing  physical  and  visual   buffers  to  promote  community  separation  and  distinction.       Habitat  Management   Document  noxious  weed  management  strategies  for  the  property,  consistent  with  the   goals  of  this  plan  and  agricultural  operations:  Minimize  the  use  of  pesticides/herbicides,   spot  treat  weeds  rather  than  blanket  spraying  to  minimize  health  impacts  to  people  and   wildlife,  consider  natural  alternatives  where  possible.  (For  example,  see  current   litigation  re:  health  impacts  of  RoundUp  and  similar  weed  killers)     Riparian  Habitat  Restoration   Install  fencing  to  exclude  livestock  from  riparian  areas  along  Brush  Creek,  it  is   acknowledged  that  livestock  will  require  some  access  to  Brush  Creek:  Use  wildlife   friendly  fencing  to  ensure  they  continue  to  have  access     Wildlife  Habitat  Protection   Allow  beaver  activity  in  Salt  Creek  to  persist,  as  it  contributes  to  wildlife  habitat   diversity;  also  allow  the  ranch  lessee  and  ditch  managers  to  control  beavers  as  needed   to  maintain  water  infrastructure:  Use  non-­‐lethal  methods  to  “control”  beaver  activity,   beavers  are  a  critical  part  of  the  eco-­‐system  and  should  be  protected.  Beavers  are  being   brought  into  areas  where  there  are  drought  conditions  to  enhance  water  sheds  and   water  retention,  we  are  fortunate  they  are  here  naturally.     Elk  and  Mule  Deer  Management   Implement  an  extended  seasonal  closure  on  the  northeast  contour  trail  (Trail  B)  and  on   a  portion  of  Trail  D  –  through  June  30  –  to  protect  elk  calving  habitat:  Elk  have  been   observed  with  their  calves  in  these  areas  this  past  summer  through  July  10th  (a  picture   taken  on  July  2nd  can  be  shared  if  helpful)  Preferred  option  is  not  to  build  the  northeast   contour  trail  B  or  trail  D  because  of  the  plummeting  elk  and  deer  population.  If  we’re   serious  about  protecting  wildlife  habitat  as  the  mission  states,  we  should  walk  our  talk   and  not  have  trails  in  those  areas.  Seasonal  closures  do  not  work,  once  the  area  is   disturbed,  wildlife  is  less  likely  to  return.  Second  option  is  to  delay  these  two  trails   (funding  streams  are  limited,  so  do  these  last)  and  monitor  wildlife  population  –  if   declines  continue,  don’t  build.  Least  preferred  option  is  seasonal  closures  through  July   15.     Monitor  elk  use  and  activity  annually,  with  remote  cameras  and  staff  observation:  The   intent  is  appreciated,  wildlife  movement  cannot  always  be  monitored  or  predicted.   Although  this  data  is  helpful,  it  shouldn’t  be  the  sole  source  of  validating  wildlife   presence.       Regulate  and  manage  dog  access  to  trails  and  facilities  in  the  northern  half  of  the   property  in  accordance  with  rules  and  regulations  and  posted  signs:  Preferred  option  is   no  trails  or  dogs  on  the  northern  half  of  the  property.  Second  option  -­‐  is  it  possible  to   use  volunteers  to  assist  with  ensuring  compliance?  In  my  experience,  posted  signs  aren’t   enough,  more  dogs  are  off  leash  than  on  and  even  when  they  are  on  a  leash,  the  mere   presence  of  dogs  can  create  a  fight  or  flight  response  from  deer/elk.  Dogs  are  seen  as   predators,  when  the  deer/elk  run  away  –  that’s  burning  calories  they  don’t  have  to  burn.       Agricultural  Management     Ditches  and  Irrigation   Coordinate  with  NRCS  to  identify  infrastructure  improvements  that  would  improve   distribution  of  water  over  hay  meadows  and  Salt  Creek  pastures:  Is  it  possible  to  use  this   as  an  opportunity  to  establish  best  practices  in  irrigation?  Flooding  fields  as  a  means  of   irrigating  is  wasteful  and  detrimental  to  the  environment.  More  water  is  used  than  is   necessary  and  the  runoff  (including  livestock  waste)  goes  straight  into  the  creek  and   downstream  impacting  water  quality.  If  best  practices  were  used  and  shared  as  a  model   for  our  community,  might  that  serve  to  raise  awareness  and  be  a  win  for  our   community?     Vegetation  and  Grazing  Management   Install  fencing  to  limit  livestock  grazing  in  the  Flats  and  the  upper  Canyon  Pasture:   Wildlife  friendly  fencing  please     Manage  livestock  grazing  and  use  at  a  sustainable  carrying  capacity:  When  determining   those  numbers,  consider  including  wildlife  that  share  those  pastures  to  graze.  That   better  reflects  the  volume  of  grazing  that  is  occurring.     Management  of  Recreation,  Public  Access,  and  Use   Building  and  Access  Areas/Trailhead  Management  Actions   Enforce  winter  wildlife  closures:  As  mentioned  above  –  solicit  volunteers  to  assist  given   limited  county  resources.  Educate  the  public  about  why  those  closures  are  critical  in   addition  to  enforcement.     Trail  Management  Actions   Design  and  construct  a  rim  trail,  including  the  north/south  connection  from   Hardscrabble  Mountain  to  the  Recreation  and  Education  Trailhead  (Figure  7,  Trail  D):   Preferred  option  is  not  to  build  trail  B  or  D  because  of  the  plummeting  elk  and  deer   population.  If  we’re  serious  about  protecting  wildlife  habitat  as  the  mission  states,  we   should  walk  our  talk  and  not  have  trails  in  those  areas.     Design  and  construct  a  trail  from  the  Recreation  and  Education  Trailhead  across  the   property  to  Haymaker  Trail  (Figure  7,  Trail  B):  Preferred  option  is  not  to  build  trail  B  or  D   because  of  the  plummeting  elk  and  deer  population.  If  we’re  serious  about  protecting   wildlife  habitat  as  the  mission  states,  we  should  walk  our  talk  and  not  have  trails  in   those  areas.     Hunting   Work  with  CPW  to  identify  special  hunting  opportunities  on  the  property,  such  as   educational,  children’s,  or  veterans’,  or  as  needed  to  manage  herds:  Prohibit  hunting  on   the  property  period.  It  is  not  currently  allowed  and  that  practice  should  remain  in  place.   Given  the  current  numbers,  there  is  no  justification  for  hunting  to  “manage  herds”  as   the  livestock  outnumber  the  wildlife.       Programming  Management   Require  written  approval  for  events  and  programming  occurring  on  the  property:   Consider  limiting  access  for  this  purpose  as  larger  numbers  of  people  on  the  property   result  in  additional  disturbance  (noise,  traffic,  trash  etc.)  for  everyone  –  neighbors  and   wildlife  alike.     Thank  you  for  the  opportunity  to  provide  input.  We  have  pictures  of  elk  &  calves  as  well   as  a  golden  eagle  from  this  past  summer  if  that's  helpful,  just  let  me  know.       4.  Priority  should  be  preservation  and  improvement  of  wildlife  habitat.  Weed  control   and  re-­‐vegetation  should  be  first  big  efforts.     Restoration  of  old  irrigation  systems  would  greatly  help  in  that  regard.     I'd  prefer  to  not  see  cattle  graze  on  the  southern  section  as  deer  and  elk  rely  on  it  for   winter  grazing.  The  haying  on  Haymeadow  has  greatly  reduced  their  winter  feed.  Cattle   should  be  kept  to  the  ranch  parcel.     Fencing  should  be  wildlife  friendly,  but  I'd  like  to  see  consideration  given  to  keeping   them  off  Brush  Creek  Road  if  possible.  Signage  along  that  road  should  warn  drivers   "Wildlife  on  Road".     Other  signage  should  include  "Not  a  through  road"  on  both  Bruce  Creek  and  Salt  Creek   roads  to  help  protect  the  privacy  of  residents  there  who  fully  supported  the  open  space   effort  in  spite  of  those  fears.     Enhance  the  quality  of  fishing  by  stocking  and  stream  improvement.  Management  must   include  means  of  protecting  against  over-­‐use  of  the  entire  easement.   I  strongly  agree  with  no  hunting  and  no  motorized  vehicles.       5.  As  an  equestrian  trail  user,  as  well  as  Mt  Biking  and  hiking,  I  appreciate  all  the  work   and  education  that  is  going  into  the  Eagle  County  Open  Space  acquisition  and  planning.   The  Hardscrabble  equestrian  trail  off  of  Salt  Creek  Road  will  be  a  fine  addition  to  the   trail  systems.   I  propose,  due  to  the  short  distance  that  trail  encompasses  to  make  it  a  show  case  trail   for  Eagle  County,  with  excellent  footing  of  wood  shavings.   This  will  create  more  of  a  draw  to  the  trail,  since  it's  only  2  or  3  miles  long  total.   The  Back  Country  Horseman  Association,  Mt  Trekkers,  would  do  the  work,  if  the  Open   Space  budget  would  allow  for  material  support.   Thank  you  again     6.  Please  when  evaluating  and  forming  use  plans  keep  into  consideration  that  there  are   a  large  number  of  equestrians  that  would  like  to  use  the  trails.  Many  of  the  equestrians   in  Eagle  County  and  beyond  are  finding  that  their  voices  are  not  being  taken  into   consideration  for  planning.  We  are  a  great  asset  to  trail  clearing  and  maintenance.   Please  keep  our  group  under  consideration  in  your  plans.     7.  Thank  you  so  much  for  considering  the  equestrian  community  needs  and  wishes  in   developing  the  trails  within  the  open  space!       Some  of  my  biggest  concerns  are  to  create  trails  where  mountain  bikers/dirt  bikers   don't  have  to  mix  with  horseback  riders/hikers.  While  most  of  our  local  horses  are   accustomed  to  meeting  mountain  bikers  on  trails  in  the  county,  there  are  very  few  trails   that  equestrians  don't  have  to  worry  about  meeting  bicyclists  and  there  are  many  many   developed  trails  in  the  valley  for  mountain  bikers  specifically.   Also,  when  developing  parking  for  these/this  trailhead  please  provide  adequate  parking   for  trucks/trailers  with  appropriate  space  for  turning  around  as  well  as  signage  to  hikers   not  to  block  the  parking  or  to  only  park  in  specific  areas  so  equestrians  don't  get  blocked   in  or  out.  Thank  you  for  your  consideration!     8.  I  am  grateful  to  see  that  the  folks  planning  the  Hardscrabble  Ranch  Open  Space  are   working  with  the  Mountain  Trekkers  Back  Country  Horsemen  in  consideration  to   equestrian  users.  Appropriate  trailer  parking  is  an  important,  and  often  overlooked,   aspect  for  horseback  riders.  Having  access  to  areas  that  are  closed  to  motorized  vehicles   and  mountain  bikes  will  ensure  that  equestrians  have  a  safe  area  in  which  to  ride.   Horseback  riding  has  been  an  integral  part  of  Eagle's  heritage.  Developing  a  plan  with   trail  systems  that  are  set  aside  for  horses  (and  hikers)  will  help  to  preserve  that   heritage.       9.  The  consideration  given  to  equestrians  in  this  draft  is  commendable.  I  hope  to  see   these  plans  remain  in  the  final  version.  It  is  very  important  to  horseback  riders  to  have   access  to  a  trail  without  motorized  or  wheeled  vehicles.  The  proposed  equestrian  use  of   the  Trail  Gulch/Salt  Creek  area  is  in  keeping  with  historical  use.  Plan  for  adeqaute  trailer   parking  at  this  trail  head  will  ensure  that  the  trail  sees  use  by  equestrians.  I  hope  our   Open  Space  planners  will  continue  to  work  with  Mountain  Trekkers  Back  Country   Horsemen  on  trail  development,  education,  and  trailer  parking  design.       10.  Thank  you,  Eagle  Open  Space,  for  the  consideration  and  forethought  you  have  given   to  equestrians  in  your  planning  process.  As  a  lifetime  horseback  rider  I  really  appreciate   your  recognition  of  providing  a  predictable  and  safe  recreational  experience  for   horseback  riders  from  beginners  to  experts  without  the  threats  posed  by  both   motorized  and  mechanized  recreational  vehicles.  And,  considering  access  to  such  areas   that  include  parking  for  trucks  and  trailers.     Please  continue  to  recognize  equestrians  as  an  important  user  group  who  are  also   willing  to  share  knowledge  in  the  ongoing  planning  process  through  our  Back  Country   Horsemen  chapter.     Email  comments  on  Draft  Management  Plan     Staff  received  comments  on  the  Draft  Management  Plan  via  email.  Those  comments   follow:       1.  Suzie  Shepard       A  few  belated  comments  on  this  wonderful  Open  Space:     I  prefer  the  name  Brush  Creek  Valley  Ranch  and  Open  Space,  reminding  people  of  its   history  and  rural  atmosphere.     I  think  the  management  plan  is  very  well  thought  out  and  hope  the  funds  will  be   available  for  maintenance  forever.  Too  much  public  land  has  been  ignored  and  abused:   State  Land  Board,  BLM,  Forest  Service  and  Open  Space  throughout  the  state.     Keep  motorized  vehicles  out!  Except  for  farming  equipment.)  County  BLM  is  slowly   being  torn  apart  by  off  road  enthusiasts  on  motorized  machines.     Put  water  wherever  you  can  to  promote  growth  and  use  all  water  rights  judiciously.   Improve  water  distribution  to  get  the  water  to  important  areas.     Thank  you  for  the  aggressive  attack  on  noxious  weeds!  It  is  key  to  maintenance,  beauty,   usability,  and  sustainability  for  the  ranching  operation.  Four  years  of  hard  work  could   change  the  appearance  of  the  entire  property  to  a  place  of  wonder       2.  Eric  Boley       Attached  are  a  few  photos  that  may  be  useful  if  a  discussion  comes  up  concerning   Winter  uses  related  to  Hardscrabble.  Bathrooms  and  a  parking  area  at  the  base  of   Hardscrabble  Road  would  be  pretty  sweet,  if  we  get  decent  snow  years  again.  I  started   doing  this  for  personal  use  years  ago,  have  shared  with  others  over  time.     I  did  the  same  in  Garfield  County  when  I  lived  there.  It  was  found/adopted  by  others  and   morphed  into  the  West  Elk  Multi  Use  Area.  You  can  ski  “Eric’s  Loop”  above  New  Castle.     A  little  more  strategic  non-­‐tracked  motorized  vehicle  closures  on  the  road  by  the  BLM   would  make  trail  grooming  worth  the  effort.  The  “Ricky  Bobby”  factor  seeing  how  far   they  can  run  trucks  up  in  the  Winter  tends  to  create  big  honkin’  ruts.     Let  me  know  if  you  sense  more  interest  or  would  like  to  discuss  further.       3.  Markian  Feduschak,  President,  Walking  Mountains  Science  Center   I'm  not  sure  if  the  public  comment  period  has  closed  yet  or  not.  If  not,  I  did  want  to   briefly  comment.     Having  attended  the  recent  plan  presentation  meeting  on  9/19,  I  was  overall  pleased   and  impressed  with  the  plan.  It  seems  to  strike  the  right  balance  between  historical   ranching  use,  preserving  wildlife  habitat,  recreation,  and  education.     I  am  particularly  concerned  about  the  ranch  being  a  model  of  sustainable  ranching  and   preserving  and  enhancing  wildlife  habitat.  I  believe  all  other  uses  should  be  secondary   to  the  preservation  of  wildlife  habitat.  The  ranching  heritage  is  important  and  should   focus  on  being  viable  while  restoring  the  range,  which  from  a  lay  person's  perspective   seems  to  have  been  over  grazed.  Improvement  in  the  range  will  be  positive  both  for   ranching  and  wildlife.     Any  recreational  uses  should  abide  by  seasonal  wildlife  closure  on  adjacent  lands,  or   should  be  extended  as  appropriate  for  the  local  wildlife  population.  I'm  certainly  excited   about  new  trails  for  hiking,  biking,  and  educational  purposes,  but  these  should  be   planned  with  agriculture  and  wildlife  in  mind.     Thank  you  for  including  me  and  our  organization  in  this  planning  process.  We  are  happy   to  be  involved  or  serve  as  a  resource  at  any  time.     Best  regards,   Markian       4.  Lee  Rimel     Diane,  I  want  to  formalize  my  recommendations  for  the  Hardscrabble  Ranch.  My   previous  comments  and  emails  never  made  it  officially  into  the  planning  process   documentation.  I’ve  attached  a  letter  to  accomplish  this.  As  I’ve  said  and  written,   Hardscrabble  Ranch,  represents  an  incredible  opportunity  for  Eagle  County.  I  have   previously  expressed  it  doesn’t  seem  to  me  the  immensity  of  the  opportunity  or   challenges  before  us  are  completely  understood.  My  letter  will  express  my  concerns.   Hardscrabble  Ranch  is  much  more  then  previous  Open  Space  and  Conservation   Easements  on  the  context  of  the  opportunity  for  citizens  and  tourists  to  experience  the   land.   I’ve  suggested  you  need  to  hire  a  Ranch  Manager,  not  the  lessee,  to  daily  be  on  the   ground,  full  time  working  and  managing  this  asset.  Think,  were  Eagle  County  to  acquire   a  $15,000,000  employee  Housing  Project,  multiple  units  for  rent,  would  Kim  Bell   Williams  be  expected  to  manage  all  the  aspects  of  this  or  would  a  Professional  Property   Manager  be  employed.  I  believe  Hardscrabble  Ranch  presents  such  a  challenge.  It  needs   a  full  time  manager.  Hopefully  Open  Space  Tax,  $4,500,000  a  year,  has  the  ability  to  pay   for  this.   I  look  forward  to  more  discussion  and  inclusion  in  meetings  regarding  the  Development   Plan  for  Hardscrabble  Ranch.   Lee  Rimel  (letter  from  Mr.  Rimel  appears  in  Written  Correspondence  section)       5.  Robert  McKenzie       Dear  Diane,   Please  excuse  us  being  a  bit  late  on  the  comment  period.    We  had  a  small  challenge   getting  all  together  logistically  to  make  a  request  related  to  signage  on  the  access  to  our   Bruce  Creek  Road.    We  have  an  informal  consensus  among  many  of  us  who  live  along   the  Bruce  Creek  Road  to  ask  that  Eagle  County  put  one  or  several  signs  near  the  entry  of   the  road  to  say:  “No  Exit”  and  “No  Public  Land  Access.”    This  would  cut  down  on  the   traffic  that  comes  up  the  road  only  to  discover  it  is  a  dead  end,  and  then  need  to  turn   around  on  private  property  to  return  down  the  road.    Increasing  exploration  at  the   south  end  of  Hardscrabble  will  add  to  this  kind  of  traffic.    All  will  benefit  by  having   better  information  about  what  does  or  doesn’t  lie  up  the  Bruce  Creek  Road.   You  may  have  heard  from  Tim  Barca  and  Ed  Oyler  separately  asking  for  this.    If  so,  this   simply  adds  in  a  few  more  of  us  to  the  list:    John  Chiodo,  Peg  Rosenquist,  Kimberly   Adams,  Dale  and  Adrea  Mel,  and  Jo  Ruder-­‐my  wife,  and  me,  Bob  McKenzie.     This  entire  planning  process  for  Hardscrabble  has  been  exceptional  due  to  your,  and  the   County’s,  stewardship.  We  commend  you  on  keep  an  open  ear  in  formulating  what  is  an   extraordinary  benefit  to  us  all.    Thank  you  so  much.   Our  warm  regards,   Bob     Written  Correspondence  on  Draft  Management  Plan     Staff  received  the  following  written  correspondence  from  citizens  as  well  as   Hardscrabble  Ranch  technical  and  funding  partners.         HARDSCRABBLE TRAILS COALITION EAGLE, COLORADO | HARDSCRABBLETRAILSCOALITION.ORG | FACEBOOK: HARDSCRABBLE TRAILS COALITION October 5, 2018 Diane Mauriello Eagle County Open Space Manager 500 Broadway Eagle, CO 81631 Diane, I’m writing you to on behalf of Hardscrabble Trails Coalition regarding the proposed Hardscrabble Ranch Management Plan. Hardscrabble Trails Coalition (HTC) is a non-profit 501- c-3 non-motorized trail advocacy and volunteer work group focused on improving and maintaining high quality trail experiences on public lands surrounding Eagle and Gypsum, Colorado. From the draft plan we have the following comments: 1. In general, HTC is supportive of the thoughtful planning and layout of proposed trails, both soft and hard surface, as part of the plan. In previous trails planning efforts we have articulated a desire to create a circumference trail experience around the Town of Eagle. With the LOV Connection being constructed last year, connecting Eagle Ranch trails to BLM Hardscrabble area trails, providing a connection from Eagle Ranch to East Eagle as contemplated by the Hardscrabble Ranch Plan accommodates this goal well. In particular, the proposed trail alignment which extends along the rim from Riddle Trail or nearby will provide a unique rim trail user experience overlooking the Brush Creek Valley and New York Mountain range. The current design to connect this to both Hardscrabble Road and across Brush Creek Road to the trailhead to the east provides multiple user and trail system co-benefits and is also supported by the 2014 TOE Trails Plan. 2. HTC is in support of the equestrian and hiking access designation for the trailheads accessing BLM property from the southern portion of the property. We have identified a need for equestrian and hiking- only trails to provide a wider spectrum of trails, improved user experiences, and to minimize user conflicts. 3. We are in support of the proposed BLM access points shown to the north and south of the private parcel provided for future BLM SRMA trails planning. HARDSCRABBLE TRAILS COALITION EAGLE, COLORADO | HARDSCRABBLETRAILSCOALITION.ORG | FACEBOOK: HARDSCRABBLE TRAILS COALITION 4. HTC is in support of the proposed seasonal closures as identified on the plan to protect wildlife habitat critical winter range and for calving and production purposes. We recommend that such closures provide reasonable flexibility to allow for shorter or longer closures based on actual and changing wildlife needs, weather conditions, etc. Thank you and we look forward to working with you on this project and to continue to improve and maintain open space values in our area. Sincerely, Adam Palmer President Hardscrabble Trails Coalition www.hardscrabbletrailscoalition.org Mountain Trekkers Back Country Horsemen PO Box 493 Eagle, CO 81631 mountaintrekkersbch@gmail.com October 10, 2018 To the Eagle County Open Space: This letter is in support of the Hardscrabble Ranch draft management plan. As an equestrian advocacy and trail maintenance group, we were excited to see accommodations for equestrians in the draft. The consideration our land-use managers have given to the needs of equestrians, hikers, and wildlife is commendable. To have trails in the Salt Creek/Trail Gulch area open only to pedestrian and equine access, free of wheeled or motorized vehicles, will provide our members with a safe space to recreate in while providing quieter habitat for our wildlife. The inclusion of adequate horse trailer parking at the proposed trailheads will help ensure that the equine trails are utilized by the extensive horse community that lives and visits our beautiful valley. This is in keeping with historical equestrian use of the Salt Creek/Trail Gulch area. Mountain Trekkers Back Country Horsemen looks forward to a continued partnership with the Eagle County Open Space land use planners and will remain available to help advise on & implement equestrian use plans. Sincerely, Kendra Pardee President Mountain Trekkers Chapter Back Country Horsemen of America Danielle Neumann Vice President Mountain Trekkers Chapter Back Country Horsemen of America Hi Diane, I'm not sure if the public comment period has closed yet or not. If not, I did want to briefly comment. Having attended the recent plan presentation meeting on 9/19, I was overall pleased and impressed with the plan. It seems to strike the right balance between historical ranching use, preserving wildlife habitat, recreation, and education. I am particularly concerned about the ranch being a model of sustainable ranching and preserving and enhancing wildlife habitat. I believe all other uses should be secondary to the preservation of wildlife habitat. The ranching heritage is important and should focus on being viable while restoring the range, which from a lay person's perspective seems to have been over grazed. Improvement in the range will be positive both for ranching and wildlife. Any recreational uses should abide by seasonal wildlife closure on adjacent lands, or should be extended as appropriate for the local wildlife population. I'm certainly excited about new trails for hiking, biking, and educational purposes, but these should be planned with agriculture and wildlife in mind. Thank you for including me and our organization in this planning process. We are happy to be involved or serve as a resource at any time. Best regards, Markian Markian Feduschak | President Walking Mountains Science Center 318 Walking Mountains Lane | PO Box 9469 | Avon, CO 81620 970.306.0560 | markianf@walkingmountains.org www.walkingmountains.org   Lee  Rimel   Edwards,  CO  81632     October  1,  2018     Re:  Hardscrabble  Ranch  Open  Space     Diane  Mauriello,  Open  Space  Manager   PO  Box  179   500  Broadway   Eagle,  CO  81631     Dear  Diane:     I  write  to  encourage  that  the  Hardscrabble  Ranch  Open  Space  Management  Plan   incorporates  in  the  agricultural  portion  provisions  that  provide  for  activities  on  the  land   that  reflect  practices  present  in  the  1920’s,  30’s,  40’s,  &  50’s  in  Eagle  County.  There  are   agricultural  activities,  today,  being  encouraged  across  the  nation  supporting  local   growing  and  marketing  of  food,  what  is  called  the  farm/food  to  table  movement.   Articles  and  information  are  included  herein.  Re  these  opportunities.     Hardscrabble  Ranch  Eagle  can  incorporate  these  practices  and  create  an  agricultural   opportunity  that  accurately  not  only  reflects  the  history  of  Ranching/Farming  in  Eagle   County,  but  incorporates  practices  being  encouraged  across  the  nation.  County   Ranchers/Farmers  were  significantly  dependent  on  cash  crops,  particularly  potatoes  and   lettuce,  which  were  loaded  by  the  ton  on  Rail  Road  cars  in  Avon  and  Eagle,  vegetables   iced  down  with  ice  collected  from  the  ice  pond  at  the  Pando  Rail  Road  Station,  in  what  is   now  Camp  Hale.  Plus,  Eagle  County  Rancher/Farmers  were  dependent  on  vegetables,   produce,  root  crops  canned  and  stored  in  Root  Cellars  to  feed  their  families  during  the   winter.     From  my  observation,  listening  and  reading  the  Draft  Management  Plan,  I  see  no   mention  or  provision  for  incorporating  this  type  of  agriculture  on  the  1540  acres.  The   Plan  appears  ignorant  of  Eagle  County  Ranching/Farming  history,  of  what  made  the  land   &  soil  economically  viable  for  the  people  living  here  in  the  20’s,  30’s  40’s  &  50’s.    Also,   the  plan  neglects  to  encourage  smaller  farmers  opportunity  to  produce  food  as  is   discussed  in  the  Roaring  Fork  Valley  news  article  shown  below.  Please  note  agricultural   opportunities  like  this  are  being  provided  by  communities  all  across  the  nation.  Why  not   also  Eagle  County?     The  Draft  Plan  regarding  agriculture  is  focused  on  cattle  &  hay  meadows,  which  are  the   current  ranch  operations,  without  a  look  back  at  how  the  land  and  soils  were  originally   used  and  with  no  mention  or  insight  into  the  wave  of  new  thinking  regarding  agriculture   taking  place  across  the  nation.     The  below  information  supports  what  I’d  like  a  portion  of  the  ranch  to  provide.  Possibly   designate  25  acres  in  1  to  5-­‐acre  plots,  5-­‐year  leases  renewable  up  to  30,  for  vegetable,   and  poultry  production,  these  products  produced  for  sale.  Expanding  numbers  of  these   opportunities  are  being  provided  across  the  nation,  governments  realizing  the  need  for   local  food  production  and  to  provide  entrepreneur  opportunity  for  aspiring  farmers.  I   encourage  you  all  to  read  “Letters  to  a  Young  Farmer”  and  for  history  of  Eagle  County,   “A  Cup  of  Clear  Cold  Water;  Life  on  Brush  Creek”  by  Helen  Dice.  Note,  there  are   numerous  locally  written  books  that  discuss  family  history  of  Ranching/Farming  in  Eagle   County.  I  will  provide  anyone  who  wishes  a  copy  of  these  books  to  read.  “Letters  to  A   Young  Farmer”  speaks  to  an  agricultural  revolution  that  is  sweeping  the  land.   Appreciation  for  high-­‐quality  food,  often  locally  grown,  an  awareness  of  the  fragility  of   our  farmlands,  and  a  new  generation  of  young  people  interested  in  farming,  animals,   and  respect  for  the  earth  have  come  together  to  create  a  new  agrarian  community.  To   this  group  of  farmers,  chefs,  activists,  and  visionaries,  Letters  to  a  Young  Farmer  is   addressed.     Again,  I  repeat  Ranchers/Farmers  in  Eagle  County  depended  heavily  on  cash  crops  to   support  themselves,  tons  of  potatoes  and  cabbage,  loaded  on  RR  Cars  for  shipment  to   cities.  Ranchers  families  survived  the  winter  eating  vegetables  &  root  crops  that  were   canned  or  stored  in  Root  Cellars.       Respecting  history  and  including  what’s  going  on  with  farming  across  the  nation,  it  is   important  that  Hardscrabble  Ranch  provide  acreage  and  water  that  enables  aspiring   farmers  to  profitably  produce  and  sell  food,  be  it  produce  or  poultry  products,  in   addition  to  a  sustainable  cattle  operation  which  should  be,  ideally  a  calf  to  table  beef   production  operation.  Hardscrabble  Ranch  Open  Space  utilized  in  this  way  brings  back   an  important  part  of  Eagle  County's  heritage  and  enables  all  Eagle  County  citizens  to   enjoy  farm  to  table  fresh  food,  produced  right  here  in  our  own  Valley.     I  trust  also,  the  plan  will  include  provisions  for  “Regenerative  Agriculture”  which  will  be   necessary  to  recover  the  productivity  of  the  exhausted  and  weed  infested  soil  on  the   1540  acres.  This,  verses  just  spraying  weed  killers  is  essential  to  enhance  the  quality  of   the  1540  acres  of  soil  that  is  sorrowfully  depleted.     It  will  also  be  important  to  see  the  proposal  Eagle  County  is  planning  to  publish   regarding  soliciting  a  lessee  for  operating  the  ranch  in  future  years.  I’m  not  talking  a   Request  for  Proposals  but  a  definitive  description  of  the  product,  the  land  and  buildings   the  County  is  proposing  to  lease.  That  is  the  portion  of  the  Ranch  not  dedicated  to  other   agricultural  uses.       It  should  include  a  detailed  description  of  the  property  to  be  leased  including  its   improvements,     water  available,  fencing,  hay  production  potential  and  the  buildings  to  be  leased  and  the   responsibilities  of  the  County  and  the  Lessee.  It  is  naïve,  I  believe,  for  the  County  to   expect  that  a  lessee  will  have  the  knowledge,  experience  and  financial  capability  to   restore  the  land  to  its  maximum  productivity.  Eagle  County  and  the  Land  Trust  must   bear  this  responsibility.  Can  the  $4,500,000  collected  in  Open  Space  Taxes  be  used  to   “fix  the  land”?  Make  improvements?     Additionally,  I  encourage  you,  the  Planners  and  Open  Space  Committee,  go  to  these  web   sites  for  more  info  on  programs  involving  existing  and  support  for  farm  properties  such   as  Hardscrabble.   https://www.stonebarnscenter.org   http://cyfea.org   https://www.coloradofarmbureau.com/2018/04/18/colorado-­‐young-­‐farmers-­‐ranchers-­‐ launches-­‐choppin/     And,  please  read  these  articles.     High  Altitude  Gardening:  Growing  potatoes   March  22,  2014       Potato  field  landscape   As  spring  approaches,  my  garage  is  now  well  above  freezing  temps.  I  am  just  finishing   this  past  year's  potato  harvest,  plus  the  last  of  my  carrots  and  beets,  which  are  stored  in   my  garage.  The  remaining  potatoes,  still  healthy  and  alive,  are  just  sending  up  their  new   spring  shoots  out  of  their  winter  storage  boxes,  anxious  to  be  planted  again.     Those  potatoes  that  I  don't  eat  by  April  will  probably  end  up  back  in  the  garden  to  start   next  year's  crop,  with  their  shoots  already  growing.   Most  root  vegetables  do  well  in  Colorado's  high-­‐altitude  climate,  (except  for  sweet   potatoes  and  rutabagas  —  they  like  warmer,  southern  climates).  I  like  to  plant  lots  of   beets,  carrots  and  potatoes  because  they  are  fun  and  easy  to  grow  and  offer  exceptional   nutrition,  but  also  because  they  store  so  well.  They  will  stay  fresh  and  alive  in  your   garage  (or  root  cellar)  for  the  entire  winter,  ensuring  your  kitchen  has  a  regular  supply   of  healthy,  organic,  home-­‐grown  veggies.   DEEP  IN  THE  DIRT   Root  vegetables  like  deep,  rich  soil  —  at  least  12-­‐inches  deep.  But  it  is  amazing  how   much  can  be  grown  in  just  a  deep  planter  box,  2  feet  by  2  feet.  You  can  also  buy  growing   bags  from  supply  houses  such  as  http://www.gardeners.com  that  are  cheaper  and   easier  than  boxes.  Be  sure  your  growing  area,  whether  a  garden  plot,  a  raised  planter   box  or  bag,  has  at  least  10  inches  of  topsoil.  If  you  have  heavy  clay  soil  common  in   Colorado,  it's  a  good  idea  to  add  a  few  inches  of  sand  (purchased  in  bags  at  Home   Depot).  The  sand  helps  break  up  the  soil  so  the  root  tubers  can  expand.  Also  a  few   inches  of  peat  moss  is  excellent  to  help  make  the  soil  more  acidic  (potatoes  love  acid   soil).  Then  add  about  4  to  6  inches  of  compost  (also  available  in  bags)  and  mix  well.   GOOD  GROWING  SOIL  IS  THE  KEY  TO  ANY  GARDEN.  THERE  ARE  MANY  GREAT  SOIL   ADDITIVES  AT  THE  GARDEN  CENTER  TO  ENHANCE  YOUR  PRODUCE.  ADDING  WORM   CASTINGS,  OR  MYCORRHIZAL  FUNGI  FOUND  IN  SOME  COMPOSTS,  OR  COMPOST   STARTER  CAN  JUMP  START  THE  BACTERIAL  ACTION  NECESSARY  FOR  HEALTHY  GARDENS.   THE  BACTERIA  ARE  REALLY  RESPONSIBLE  FOR  FEEDING  YOUR  GARDEN  PLANTS,  SO  WE   LIKE  TO  CREATE  A  GOOD  ENVIRONMENT  FOR  THEM.  BACTERIA  LIKE  WARM  AND  MOIST   SOIL,  AND  THEY  LIKE  COMPOST  (THEIR  MAIN  MENU).  THEY  ALSO  LIKE  REGULAR   FEEDING  FROM  NATURAL  FERTILIZER.  THERE  ARE  DOZENS  OF  WAYS  TO  FEED  YOUR   PLANTS  (MORE  ON  THIS  IN  MY  GARDEN  CLASS).  POTATOES  REALLY  LIKE  A  MOLASSES   TEA  —  JUST  A  CUP  OF  MOLASSES  IN  A  FEW  GALLONS  OF  WATER  EACH  WEEK.   BEETS  AND  CARROTS  ARE  GROWN  FROM  SEED,  BUT  POTATOES  GROW  FROM  OTHER   POTATOES.  WE  CALL  THESE  "SEED  POTATOES."  ANY  POTATOES  WILL  DO,  I'VE  EVEN   PLANTED  STORE-­‐BOUGHT  POTATOES  IF  THEY  GET  OLD  AND  START  SENDING  UP   SHOOTS.  BUT  I  LIKE  TO  ORDER  MY  SEED  POTATOES   FROM  HTTP://WWW.POTATOGARDEN.COM  IN  AUSTIN,  COLORADO,  WHICH  ARE   ORGANICALLY  GROWN  AND  ARE  MORE  SUITED  FOR  OUR  CLIMATE.  THEY  ALSO  HAVE  A   HUGE  SELECTION  OF  WHITE,  RED,  PINK,  YELLOW  AND  BLUE  POTATOES     —  OVER  40  VARIETIES.  BUT  PICK  THE  "EARLY  POTATOES"  FOR  OUR  SHORTER  SEASON.   THEIR  CATALOG  ALSO  GIVES  EXCELLENT  IDEAS  AND  INSTRUCTIONS  ON  GROWING   POTATOES.   PLANT  ROOTS  SOON   All  root  vegetables  can  be  planted  about  two  to  three  weeks  before  the  last  frost.   Depending  on  your  elevation,  this  means  about  mid-­‐May  in  Eagle,  earlier  in  Gypsum,   later  in  Avon  and  Vail.  It  is  always  a  good  idea  to  pre-­‐warm  the  soil.  By  early  May,  mix  in   the  compost  and  cover  the  garden  with  clear  plastic  to  create  a  mini-­‐greenhouse,  and   cook  the  soil  for  a  couple  weeks,  getting  it  above  50  degrees.  Then  follow  the  directions   for  planting  on  the  package,  keeping  the  seedlings  moist  throughout  the  growing   season.  You  can  also  get  a  jump  on  the  growing  season  by  ordering  your  seed  potatoes   now,  and  spread  them  out  on  trays  in  a  light  area  in  your  house,  above  70  degrees.  In  a   couple  weeks,  they  will  start  to  grow,  sending  up  green  shoots.  Be  careful  when  planting   not  to  break  these  shoots  off.  If  a  late  spring  frost  kills  the  first  green  leaves  that  sprout,   no  worries.  The  potatoes  in  the  soil  are  cozy  and  will  send  up  new  shoots.   Root  vegetables  can  take  a  full  season  to  grow  and  will  just  be  ready  to  harvest  as  the   frost  arrives  and  the  leaf  canopy  dies  off.  But  you  can  leave  them  in  the  ground  a  few   more  weeks  until  the  first  snow.  Then  dig  them  all  up  carefully,  sifting  with  a  fork.  An   unheated  garage  makes  a  perfect  root  cellar  to  store  veggies,  as  long  as  it  is  just  above   freezing.  Simply  layer  the  freshly  dug,  unwashed  veggies  in  cardboard  boxes,  covering   each  layer  with  light  compost,  or  sand  or  sawdust.  A  little  sprinkle  of  water  once  a   month  will  keep  them  fresh  and  alive  through  the  winter.   Lori  Russell  teaches  a  class  on  high  altitude  gardening  at  Colorado  Mountain.  College.   She  is  also  a  professional  landscaper  and  can  be  reached  at  LoriRussell8@gmail.com.   From  Lettuce  Town  to  Resort  Town   In  the  1920’s  head  lettuce  was  the  crop  of  choice  in  Avon  and  neighboring  Beaver  Creek   and  Bachelor  Gulch.  Box  cars  stood  at  the  Avon  Depot,  loaded  with  ice  from  the  Minturn   ice  house  (the  ice  had  been  cut  the  preceding  winter  at  Pando  up  near  Tennessee  Pass)   and  readied  for  freshly  cut  lettuce  heads  delivered  in  crates  by  farmers  and  their  ranch   hands  including  wives.  These  refrigerated  rail  cars  shipped  Avon  crops  as  far  as  the  east   coast  providing  fresh  lettuce  weeks  after  the  nation's  standard  lettuce  harvest  was  gone.   Through  the  years  Avon  land  produced  cattle,  hay,  potatoes,  peas,  oats  and,  starting  in   the  1940's,  sheep.  By  this  time  most  of  Avon's  homesteading  families  were  long  gone   but  descendants  of  William  Nottingham  had  stayed  on  and  owned  and  operated  nearly   all  of  the  land  called  Avon.   This  article  portrays  vision  I  hold  for  Hardscrabble  Ranch!     Big  boost  for  smaller  farmers  planned  in  Roaring  Fork  Valley  in  2018   Scott  Condon   January  8,  2018       Anna  Stonehouse/The  Aspen  Times     Small  farms  and  ranches  got  a  big  boost  from  the  Pitkin  County  Open  Space  and  Trails   program  in  2017,  and  even  bigger  things  are  planned  this  year.   The  agency  is  leasing  some  of  its  property  at  favorable  rates  for  long  periods  of  time  to   incubate  start-­‐up  farmers.  Open  space  also  has  approved  spending  $50,000  this  year  to   start  a  tool-­‐rental  business  specifically  aimed  at  farmers  and  ranchers.   The  additions  are  part  of  the  agency's  expanding  focus  to  provide  land  not  only  for   wildlife  habitat  and  recreation,  but  to  help  revive  the  valley's  once  rich  agricultural   heritage.   Last  summer,  the  agency  leased  10  of  40  acres  at  the  Lazy  Glen  Open  Space  for   agricultural  operations.  This  year,  the  Emma  Open  Space  will  be  a  focus  of  the   expanding  agricultural  effort.   "The  one  thing  we  can  offer  that  the  private  sector  can't  is  a  long-­‐term  lease,"  said  Paul   Holsinger,  agriculture  and  conservation  easement  administrator  for  the  open  space   program.   The  open  space  program  is  starting  to  grant  10-­‐year  leases  with  possible  extensions  on   its  agricultural  lands  so  that  the  leaseholders  can  rest  assured  they  have  a  chance  to   recoup  funds  they  sink  into  capital  improvements.   "I  think  that's  immensely  critical,"  Holsinger  said  of  the  long  leases.   Cooper  Means  was  awarded  a  10-­‐year  lease  at  Lazy  Glen  last  year.  He  raised  livestock   and  grew  mushrooms,  which  proved  wildly  popular  with  restaurants.  He  subleased  land   for  gardens  to  Erin  Cuseo,  owner  and  managing  partner  of  Erin's  Acres.   Cuseo  produced  nearly  6  tons  of  veggies  and  greens  in  her  gardens  and  greenhouses,   according  to  a  year-­‐end  report  by  Holsinger.  Cuseo's  produce  included  5,280  pounds  for   Erin's  Acres  Community  Supported  Agriculture  program,  3,000  pounds  she  sold  at   farmers'  markets,  2,000  pounds  sold  to  restaurants  and  1,500  pounds  in  donations,  the   report  said.   Means  raised  and  sold  630  pounds  of  lamb,  1,400  pounds  of  poultry  and  120  pounds  of   mushrooms.  The  mushroom  production  is  expected  to  grow  tenfold  by  June.   "The  only  thing  limiting  them  there  is  the  size  of  the  property,"  Holsinger  said.   A  second  apartment  is  being  made  habitable  in  a  barn  that  exists  on  the  property.   Providing  a  second  place  for  a  permanent  resident  is  likely  a  key  to  increasing  livestock   production  at  the  Lazy  Glen  property.  Someone  needs  to  be  onsite  regularly  to  oversee   the  animals.   "The  challenge  of  the  young  farmers  is  the  same  as  for  everyone  else:  housing,"   Holsinger  said.   The  other  major  open  space  parcel  that  figured  into  ag  production  in  2017  was  the   Wheatley  property  on  the  north  side  of  Snowmass  Canyon,  opposite  Highway  82.  A   company  related  to  Woody  Creek  Distillery  produced  385,000  pounds  of  potatoes.  Two   varieties  of  spuds  were  used  to  make  vodka.   At  Emma,  young  farmers  Harper  Kaufman  and  Christian  LaBar,  operating  as  Two  Roots   Farm,  have  bid  to  start  the  first  phase  of  what's  designed  to  be  an  expanding  operation   over  the  next  several  years.  They  were  selected  in  December  for  what's  known  as  the   South  Lease,  and  the  open  space  board  will  consider  granting  that  lease  and  a  separate   lease  for  the  nearby  Emma  schoolhouse  property.  The  two  parcels  are  20  acres   combined,  Holsinger  said.   "It's  no  news  to  anybody  that  land  is  expensive  around  here,"  LaBar  said.  "We've  been   leasing  from  Spradley  Farms,  so  we  see  this  as  a  good  opportunity  to  get  access  to  land   that  we  could  not  afford.  We  really  want  to  stay  here,  and  we  really  appreciate  the   support  we  get  from  the  community."   Two  Roots  intends  to  grow  produce  on  4  acres  near  the  schoolhouse.  They  plan  to   rotate  where  they  plant,  so  the  remainder  of  the  schoolhouse  property  will  be  planted   in  grasses  to  help  restore  the  soil,  Holsinger  said,  and  the  South  Lease  will  be  an   irrigated  hayfield  and  possibly  be  rented  periodically  for  grazing.   The  open  space  board  will  consider  the  leases  Thursday  as  well  as  Two  Roots'  proposal   to  add  a  barn  and  hoop  houses  for  irrigation  improvements.   We're  feeling  confident,"  LaBar  said.  "It's  a  tricky  space  our  application  is  in  because  it's   kind  of  a  new  thing  for  this  program,  and  us  asking  to  put  in  new  infrastructure  and  a   barn  and  stuff  for  our  vegetable  options  has  never  been  done  to  the  degree  we're   asking.  I  do  know  the  public's  opinion  was  overwhelmingly  in  support  of  diverse  organic   farm."   Another  portion  of  the  Emma  property,  the  North  Lease,  was  rented  to  the  Grange   Family  Ranches  for  a  hayfield  and  grazing.  The  Grange  family,  one  of  the  last  family   ranches  in  the  mid-­‐valley,  has  worked  that  land  for  several  years.   The  open  space  program  will  assist  young  farmers  and  ranchers  beyond  its  borders  this   year.  From  its  budget,  $50,000  will  be  used  to  buy  a  stand-­‐behind  tractor  with  multiple   attachments  as  well  as  several  pieces  of  equipment  that  can  be  used  by  a  standard   tractor.   The  machinery  is  often  too  expensive  for  young  farmers  to  invest  in,  yet  it  could  help   them  expand  their  operations,  Holsinger  said.   Oversight  of  the  rental  equipment  will  be  handled  by  Aspen  T.R.E.E.,  which  has  an   agricultural  lease  from  the  city  of  Aspen  at  Cozy  Point  Ranch.  A  formal  organization  with   an  annual  fee  will  be  started  for  young  farmers  and  ranchers.  Only  members  of  that   organization  will  be  able  to  rent  the  equipment,  for  an  additional  fee,  Holsinger  said.   Thank  you  for  your  consideration  of  my  suggestions.  There  are  many  extremely  qualified   people  to  discuss  these  ideas  with,  local,  state  and  national.  You  should  be  meeting  with   them.  I  would  appreciate  being  invited  to  opportunities  to  discuss  the  incredible   opportunity  the  Hardscrabble  Ranch  provides  for  Eagle  County,  it’s  residents  and  visitors.     Sincerely   Lee  Rimel     CC:  Jeff  Shroll,  Jill  Ryan,  Kathy  Chandler  Henry,  Jeanne  McQueeney,  Jessica  Foulis     Eagle  County  Open  Space  Advisory  Committee  (OSAC)  comments  on  Draft   Management  Plan       The  management  planning  team  met  with  members  of  the  Eagle  County  Open  Space   Advisory  Committee  (OSAC)  to  discuss  the  Draft  Management  Plan  and  solicit  comments.   The  following  were  key  themes  and  comments  from  the  OSAC  members  present:       Key  comments  included:     • Question  about  the  tone,  report  does  not  emphasize  that  purchasing  and   conserving  the  ranch  was  an  extremely  positive  action     • Start  slowly  with  implementation  actions,  including  access,  programming,  events   and  camping  associated  with  events  on  the  property   • Concern  about  allowing  any  events,  or  at  minimum,  limit  number,  type  and  scale   of  events   • Place  manageable  parameters  around  events,  programming  and  camping     • Events,  camping  and  programming  cannot  adversely  affect  agricultural   operations,  riparian  restoration  or  wildlife  habitat     • Camping  limitations  not  outlined  in  Draft  Management  Plan     • Why  are  events  such  as  weddings  excluded?     • Ensure  that  Eagle  County  is  being  a  good  steward  of  the  land,  and  that  budget   dollars  are  allocated  for  maintenance  and  improvements     • Concerns  with  adoption  of  Plan  without  clear  understanding  of  costs  and   impacts  on  staff  associated  with  implementation     • 2019  is  a  critical  year;  be  sure  monitoring  efforts  are  in  place     • Make  sure  rules  concerning  dogs  are  implemented     • A  longer-­‐term  lease  for  ranch  management  is  desirable  for  planning,   sustainability  and  the  ability  for  a  future  tenant  to  apply  for  additional  funding   and  support  from  sources  such  as  NRCS     • Following  adoption  of  the  Management  Plan  by  the  Eagle  County  Board  of   County  Commissioners  and  approval  by  the  Eagle  Valley  Land  Trust,  immediate   next  steps  include:   o Implementation  plan  with  priorities     o Budget  for  maintenance,  improvements  and  other  associated  costs   o Request  for  Proposal  for  agriculture  lease  beginning  2020       Written  comment  from  OSAC  member  Bill  Heicher,  who  was  unable  to  attend  the   meeting:       Diane  -­‐-­‐     I  am  concerned  with  the  Event  and  Programming  Guidelines,  page  23  of  the  attached   handout  and  page  41  of  the  draft  management  plan.  I  think  we  need  further  work  here.   From  what  I’ve  seen  on  other  open  space  parcels  (Avon  and  Town  of  Eagle)  there  are   events  and  uses  (competitions,  camping,  etc.)  that  don’t  fit  with  the  values  of  the  open   space  and  the  conservation  easements,  yet  are  still  allowed  to  take  place.         The  bullet  statement,  “Must  minimize  impacts  to  ag  operations  and  conservation  values”   can  be  interpreted  to  allow  most  anything  to  occur.  It  is  easy  to  find  some  “expert”  to   say  that  the  event  or  program  will  only  have  minimal  impact.  The  same  with  the  bullet   statement,  “Camping  will  be  limited…”    On  page  41  of  the  draft  management  plan  the   plan  allows  for  18  days  of  unspecified  numbers  of  campers  between  May  1  and  Oct  30.  I   do  not  think  OSAC  or  the  county  ever  envisioned  camping  on  this  parcel.    Any  “allowed”   event  or  program  may  have  a  significant  impact  on  county  open  space  personnel.   Somebody  has  to  ensure  compliance  and  adherence  to  the  rules.  What  happens  when   things  go  bad?  I  realize  the  Town  of  Eagle  has  always  been  in  the  market  for  a  nearby   campground,  but  this  ranch  is  not  the  appropriate  palace.  If  we  are  really  going  to  limit   camping  to  just  a  few  spots  in  the  Recreation  &  Education  area,  are  we  really  serving  a   need  or  just  throwing  a  bone  to  the  camping  advocates.  I  believe  a  better  position  for   the  management  plan  would  be  to  state    “Events  and  programs  MUST  NOT  IMPACT  ag   operations  and  conservation  values.    Camping  is  specifically  prohibited.”       If  limited  camping  were  to  be  allowed  then  I  would  recommend  that  only  governmental   entities  (towns,  special  districts,  school  districts,  etc.)  and  official  non-­‐profits  be  allowed   to  camp  under  permit.  This  might  go  a  long  way  in  maintaining  compliance  to  rules,  &   regs  and  staff  time.  Any  violations  would  nullify  future  ability  to  obtain  a  camping  permit.     I  can  foresee  that  an  advertised  event  or  program  that  must  be  cancelled  at  the  last   minute  because  of  a  conflict  with  weather  or  conservation  impacts  will  leave  the   proponent  pleading  hardship  and  economic  loss.  If  the  County  and  EVLT  have  the  final   word  they  will  either  have  to  buckle  under  at  the  expense  of  the  conservation  values  or   become  the  bad  guy  by  saying  “no.”  Eagle  County  and  EVLT  shouldn’t  have  to  be  in  that   position.  This  policy  also  makes  it  possible  for  politics  to  enter  the  decision  making   process  to  influence  outcomes  that  should  be  based  on  facts.  For  example,  the  draft   management  plan  specifically  mentions  mtn  bike  races  (pg  40).  This  past  weekend  saw   huge  numbers  (newspaper  estimated  over  1,000)  mountain  bike  racers  in  the  Eagle  area   taking  part  in  the  high  school  championships.  The  town’s  own  website  says  mountain   biking  should  not  occur  in  rainy  conditions  if  bike  tracks  can  be  observed  in  the  trail.  I’m   sure  after  the  last  week  of  rainy  weather  there  were  plenty  of  soft  trail  sections,  if  not   all,  where  mountain  bike  riding  should  not  have  happened—but  it  did!       I  also  believe  competitions,  i.e.  bike  and  foot  races  or  events  or  programs  that  are  tied   to  commercial  ventures  should  not  be  allowed.  The  Events  and  Programs  I’ve  always   envisioned  were  educational  in  nature.  I  don’t  have  a  problem  if  a  non-­‐profit   organization  holds  an  event/program  on  the  property  as  long  as  the  main  goal  is  to   further  open  space  values,  education  and  conservation  goals.     I  would  also  recommend  that  all  trails  have  a  night  curfew  in  place  in  addition  to   seasonal  closures.  There  are  increasing  numbers  of  folks  riding  trails  at  night,  especially   full  moons,  and  this  is  when  wildlife  is  usually  most  active.  Trails  should  possibly  be   closed  sunset  to  sunrise  or  ½  hour  after  sunset  until  sunrise.  This  curfew  may  have  to   allow  for  hunters  to  enter  &  exit  the  property  a  bit  earlier  and  later  (example-­‐hunters   can  enter  property  ½  hour  before  sunrise  and  exit  no  later  than  ½  hr  after  sunset).       There  is  some  significant  evidence  coming  out  showing  recreation  and  wildlife,   especially  in  the  Eagle  Valley,  are  at  major  crossroads.  Recreation  is  having  a  huge   negative  impact  on  deer  and  elk  populations.  The  County  and  EVLT  need  to  keep  this  in   mind  when  trying  to  address  both.  This  issue  could  easily  come  into  play  when  planning   &  permitting  events  &  programs  on  the  ranch  property.     Name  of  Property     Brush  Creek  Valley  Ranch  and  Open  Space  was  selected  as  the  new  name  for  the   property  with  over  50%  of  the  total  vote.     Appendix C: Conservation Easement Hardscrabble CE 10a Page 41 Hardscrabble CE 10a Page 44 Hardscrabble CE 10a Page 46 Hardscrabble CE 10a Page 48 Hardscrabble CE 10a Page 50 Hardscrabble CE 10a Page 53 Hardscrabble CE 10a Page 54 EXHIBIT B Drawing of Permitted New Road Hardscrabble CE 10a Page 55 EXHIBIT C Map of Property Hardscrabble CE 10a Page 56 Hardscrabble CE 10a Page 57 Appendix D: Existing Plans and Policies 2017 Baseline Documentation Report This report identifies baseline conditions for the property at the time of the Conservation Easement conveyance. www.eaglecounty.us/ 2011 Brush Creek Watershed Management Plan Town of Eagle The overall mission of the Brush Creek Management Plan is to provide guidance for the implementation of actions that will protect and enhance the water resource values associated with the Brush Creek watershed. The Town’s watershed goals are: • Maintain sufficient streamflow in Brush Creek to support and protect the stream’s aquatic environment. • Protect and improve the quality of Brush Creek and its tributaries. • Establish and promote land and water management practices that conserve and protect the natural resources of the watershed. https://www.townofeagle.org/DocumentCenter/View/5651/Brush-Creek-Watershed- Plan?bidId= 2005 Eagle County Comprehensive Plan Adopted: December 7, 2005 Effective January 18, 2006 The Eagle County Comprehensive Plan establishes a vision and framework for the future of Eagle County. The Comprehensive Plan guides and influences the following types of decisions: • It provides a general framework for evaluating individual land development and referral applications submitted to Eagle County Government on an ongoing basis. • It provides an action plan for revisions to Eagle County’s Land Use Regulations and official Zoning Map, which are the regulatory tools by which Eagle County Government can implement this Comprehensive Plan. It also provides a context within which Eagle County Government can make capital improvement investment decisions to implement the Comprehensive Plan. • It establishes the priorities for more detailed plans, which Eagle County Government will likely formulate for specific areas of Eagle County (the subarea plans) and for specific topics (such as open space, trails, affordable housing, and roads). http://www.eaglecounty.us/Planning/Documents/Master_Plans/Comp_Plan_with_Noti ce/ 2010 Eagle Area Community Plan The Eagle Area Community Plan, originally introduced in 1996, is jointly adopted by both the Town of Eagle and Eagle County. It covers an extensive area, which includes the incorporated lands within Eagle, as well as unincorporated lands surrounding the town boundaries. The plan is intended to work as an extension of the Eagle County Comprehensive Plan, providing planners, officials, landowners, and developers with policies and strategies to help formulate land use plans and guide decision making over the next 5 to 10 years. https://www.townofeagle.org/339/Eagle-Area-Community-Plan 2001 Eagle Valley Regional Trails Plan The regional trails plan was created to specifically describe the vision for an Eagle Valley Regional Trails System that will connect the communities of the Eagle River and Gore Creek valleys. http://www.eaglecounty.us/ 2014 Eagle Area Trails Plan Town of Eagle Open Space The purpose of the 2014 Eagle Area Trails Plan is to provide decision makers and the public with three key pieces of information: • Existing trails that are in need of maintenance or rerouting • A vision for new trails that could be built in the future (with regulatory agency approval) • A cost estimate for building and maintaining specific trails https://www.townofeagle.org/DocumentCenter/View/5882/Eagle-Trails-Plan-June- 2014?bidId= Record of Decision and Approved Resource Management Plan (RMP) U.S. Department of the Interior Bureau of Land Management, Colorado River Valley Field Office (CRVFO) Adopted June 2015 The CRVFO RMP provides broad-scale direction for the management of public lands and resources. The approved RMP will provide guidance for the management of approximately 505,200 acres of BLM land and 701,200 acres of federal mineral estate administered by the BLM, primarily extending across Eagle, Garfield, Mesa, Pitkin, and Routt Counties. https://eplanning.blm.gov/epl-front- office/eplanning/docset_view.do?projectId=68506&currentPageId=99968&documentId =90704 Acknowledgments 3 Adopted and Approved 4 Introduction 5 Property Overview 5 Acquisition 5 Conservation Easement 6 Purpose of the Management Plan Supplement 6 Role of Eagle Valley Land Trust 7 Public Involvement 8 Public Comment 8 Property History 8 Existing Conditions 10 Location and Description 10 Building Envelopes 10 Natural Resources 10 Vegetation Communities 10 Significant Plant Communities 11 Riparian Habitat 11 Noxious Weeds 12 Wildlife Habitat 12 Aquatic and Fisheries 13 CPW Tracked Species 13 Agricultural Resources 13 Ditches and Irrigation 14 Irrigation Condition and Management Considerations 14 Ranch Infrastructure 14 Residence 15 Summary of Key Issues and Priorities – Agricultural Management 15 Recreation and Access 15 Recreational Access on the Property 15 Existing Recreational Access Adjacent to the Property 16 Hunting and Fishing Access 16 Summary of Key Issues and Priorities – Recreation and Access 16 Existing Plans and Policies 16 1 Management Recommendations 17 Goals and Implementation 17 Management Actions 18 Habitat Management 19 Weed Management 19 Riparian Habitat Restoration 19 Wildlife Habitat Protection 19 Riparian Wildlife Habitat 19 Elk and Mule Deer Management 20 Agricultural Management 20 Overall Approach 20 Alternative Crop Production 21 Ditches and Irrigation 21 Vegetation and Grazing Management 22 Ranch Infrastructure 23 Ranch Management 24 Management of Recreation, Public Access, and Use 25 Overall Approach 25 Public Access and Recreation 26 Trails 27 Fishing 29 Hunting 30 Programming Management 31 Rules and Regulations 31 Implementation 31 Implementation Priorities 32 References 34 Appendix A: Maps 35 Appendix B: Existing Plans 39 Appendix C: First Amendment to Deed of Conservation Easement, Brush Creek Valley Ranch and Open Space, formerly Hardscrabble Ranch 40 2 Brush Creek Valley Ranch and Open Space Management Plan Supplement June 2021 Acknowledgments Prepared by: Eagle County Open Space Department Phillip Kirkman, Ranger and Natural Resource Specialist Peter Suneson, Outreach and Education Specialist Katherine King, Open Space Director Eagle County Open Space Advisory Committee Tom Edwards, Chair Tom Henderson Bill Heicher Jennifer Ellis Jones Josh Lautenberg Chupa Nelson Robert Schultz Eagle County Board of County Commissioners Kathy Chandler-Henry, Commissioner Jeanne McQueeney, Commissioner Matt Scherr, Chair With professional assistance from: Holly Strablizky, Assistant County Attorney With support for the acquisition from: Eagle Ranch Wildlife Committee Eagle Valley Land Trust Great Outdoors Colorado (GOCO) Town of Eagle Private Donations CPW Habitat Partnership Program With technical assistance from: Rare Earth Science, LLC DHM Design United States Department of Interior, Bureau of Land Management (BLM) Colorado Parks & Wildlife (CPW) Colorado State University Extension Service (CSU) Eagle County Historical Society 3 Adopted and Approved This Brush Creek Valley Ranch and Open Space Management Plan Supplement is hereby approved on___________________, by the Eagle County Board of County Commissioners and Eagle Valley Land Trust. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO By: ____________________ Matt Scherr, Chair Attest: By: ____________________ Regina O'Brien, Eagle County Clerk and Recorder EAGLE VALLEY LAND TRUST, A Colorado nonprofit corporation By: ____________________ , DirectorJessica Foulis 4 Introduction Property Overview On July 22, 2020 Eagle County purchased a 131-acre parcel surrounded on three sides by the Brush Creek Valley Ranch and Open Space (the “Property ”)located in the heart of the Brush Creek Valley. The Property contains outstanding wildlife habitat, critical riparian habitat along Brush Creek, an increased opportunity for dispersed recreation, and the potential for sustainable agricultural operations. Due to its location,similar characteristics and potential uses, the County desires to incorporate the Property into the surrounding Brush Creek Valley Ranch and Open Space (“BCVROS”). Acquisition The Property met specific selection criteria as required by Open Space ballot language. Open Space staff and the citizens’ Open Space Advisory Committee (“OSAC ”) recognized the conservation values of the Property and made a recommendation to the Eagle County Board of County Commissioners to consider purchasing the Property with Open Space Funds. All primary Open Space Selection Criteria were identified to have a high (scale:low-medium-high) value by staff and OSAC: ●Physical and Visual Buffers ●Access to Streams, Rivers, Public Lands and Dispersed Recreation Opportunities ●Sensitive Lands & Environments ●Regional Heritage, Agriculture and Ranching ●Wildlife, Wildlife Habitat and Migration Routes ●Scenic Landscapes and Vistas Eagle County purchased the Property using funds from the dedicated Open Space Fund as well as significant support from many partners. Total Acquisition Cost: $2.306 million ●$1,310,000 plus transaction costs - Eagle County Open Space Fund ●$700,000 - GOCO ●$200,000 - Eagle Ranch Wildlife Committee ●$13,300 - Eagle Valley Land Trust ●$10,000 - Town of Eagle 5 ●$10,000 - Colorado Parks and Wildlife Habitat Partnership Program (towards transaction costs) Conservation Easement Eagle County funded the conservation of the Property based upon its unique attributes and conservation values. The entirety of BCVROS is protected by a Conservation Easement, which is a voluntary legal agreement between a property owner and a third party that removes some or all of the development potential of the property and protects its conservation values in perpetuity. Eagle County is the owner of BCVROS and the Property, and Eagle Valley Land Trust (“EVLT”) holds the Conservation Easement, which was amended in 2020 to include the Property by the First Amendment to Deed of Conservation Easement,Brush Creek Valley Ranch and Open Space, formerly Hardscrabble Ranch (see Appendix C; the original and amended Conservation Easement is hereinafter referred to as the “Conservation Easement ”). As the landowner, Eagle County must contemplate the conservation values and restrictions identified in the Conservation Easement when making decisions concerning the management and operation of the Property. All activities on BCVROS and the Property must comply with the Conservation Easement. In the event of a conflict between management plans and the Conservation Easement, the Conservation Easement shall govern. The conservation values identified in the Conservation Easement for the Property are: ●Open Space ○Scenic Enjoyment ○Agriculture ○Significant Public Benefit ●Public Recreation and/or Education ●Relatively Natural Habitat Purpose of the Management Plan Supplement On November 13, 2018, Eagle County adopted the BCVROS Management Plan (the “Original Management Plan”). The purpose of this Management Plan Supplement (“Supplement ”) is to incorporate management of the Property into the Original Management Plan by providing a framework for the long-term improvement, stewardship,and public use of the Property so that it will continue to be an asset to the community (the Original Management Plan and Supplement is collectively referred to as the “BCVROS Management Plan”). This Supplement is intended to assist Eagle County with the day- to-day operation of the Property, while also establishing the vision for long-term stewardship of the land. As stated above, this Supplement will be incorporated into and reviewed along with the rest of the Original Management Plan at 6 least every five years and may be amended if determined necessary, in accordance with the terms of the Conservation Easement. This Supplement is intended to be flexible and it is acknowledged that conditions on the Property will change. This Supplement is intended to achieve the following objectives: ●Add the Property to the BCVROS and incorporate management of it into the Original Management Plan to ensure cohesive management of the entire property ●Further document existing conditions and management issues on the Property ●State the management goals for the Property ●Provide a framework for balancing the various uses that may occur on the Property and conservation values identified in the Conservation Easement ●Identify goals, actions, and priorities for the Property and communicate them to user groups, visitors, stakeholders, and the community ●Facilitate communication between Eagle County and EVLT about management issues that may affect the conservation values This Supplement is not intended to: ●Act as an Annual Operating Plan ●Act as a Capital Improvement Plan ●Provide a detailed budget for operations and/or improvements on the Property ●Outline detailed monitoring methods or approaches ●Serve as a Request for Proposal for future lease agreements or terms on the Property The Conservation Easement and the grant from Great Outdoors Colorado require that a management plan be put in place. Role of Eagle Valley Land Trust As the holder of the Conservation Easement on the Property), EVLT is charged with monitoring the Property annually and ensuring the conservation values are upheld. EVLT is entitled to notice and the right to approve certain activities as more fully set forth in the Conservation Easement. The BCVROS Management Plan may be amended from time to time in accordance with the Conservation Easement. 7 Public Involvement The public outreach process followed a similar method to establishing the Original Management Plan. However, due to the COVID-19 pandemic, Eagle County focused communication to engage partners, stakeholders, and the public online. The scoping phase of the supplemental management plan process was broken down into 3 steps: Step 1: Meetings with experts and stakeholders Step 2: Meetings with user groups and interested parties Step 3: Community outreach Public Comment Methods for public comment were limited due to COVID-19 restrictions. In place of large public meetings or open houses, public comment was focused online. The robust public process for the BCVROS management planning process helped inform community expectations for agricultural management and recreation along Brush Creek. That feedback assisted in outlining this Supplement. Management planning brought stakeholder groups together,ensuring consideration of various relevant positions and perspectives. During the initial outlining phase staff requested comment and met with specific stakeholders, experts, and potential user groups. Input from the general public was solicited via a press release and emails,and submitted via an online comment form. Management plan inquiries were responded to via email or virtual online meetings. An opportunity for a Q&A discussion was offered at the online April 2021 OSAC meeting. The Supplement was then presented to the public and made available for further public comment before its adoption. Only one public comment was submitted via the posted online form. The Draft Supplement was reviewed by partnering organizations and their comments were submitted via email. Property History As one of the former owners of the Property, Mr. Charlie Ridgway provided the following account to Eagle County Open Space and the Eagle County Historical Society. Additional historical information is provided in the Original Management Plan. The ranching history of the Brush Creek Valley begins well before the railroads, ski resorts, and other developments in Eagle County. As noted in the Original Management Plan section on the 8 history of the Brush Creek Valley (page 4), the Property represents local ranching heritage and is a true relic of a time past in Eagle County. The most recent former landowners (Charlie Ridgway and Julie Tolbert-Ridgway) purchased the property in 1968 from a well known local rancher named Myron Stutterheim (previous owners included the Rule Family, whose son Dan raised a state champion heifer on the Property). At that time,they purchased 480 acres on both sides of Brush Creek Road and over the years sold off parcels to other well known locals. Charlie Ridgway grew up in Newark, New Jersey and received a finance degree from Columbia University to prepare him for life as a stockbroker.When he bought the property on Brush Creek and became a cattle rancher, his more experienced neighbors often offered welcome advice. “I grew up the day I turned 28-years-old. I had just invested all of my life’s savings in a ranch. I thought ‘What do I do?’”- Charlie Ridgway 3/3/2021. During the 1970s and early 1980s, the Ridgways raised roughly 220 head of Hereford cattle on the Property and on National Forest leases on Castle Peak, north of the Town of Eagle. During a drought in the 1980s, they made the decision to remove cows from the Property and moved towards a haying operation while leasing portions of the property to the owners of Beaver Creek Stables for horse pasturing. The current healthy land condition of the Property is due to the Ridgways’ stewardship as well as their decision to remove cattle from the Property while managing the pasture for low-intensity horse pasture and haying. Market crops were generally not grown on the Property,although there is evidence that potato farming in the Brush Creek Valley sustained many families throughout the Great Depression. Weeds have long been an issue due to the ditches carrying seeds throughout the Property. Water has always been a limiting factor for agricultural production, and dry years on Brush Creek have created issues for ranchers for generations.The cabin on the Property was constructed in 1949 by Larry Rule, although County records show it was constructed in 1955, likely reflecting the casual record keeping at the time. Additionally, the Rule family constructed a two-story house on the western side of Brush Creek Road in a grove of trees; however, it was demolished in the mid 1970’s because the Ridgways did not need an additional residence on the Property. The Property is a classic example of the agricultural heritage of the Brush Creek Valley and the Rocky Mountain west, representing the hard work, trials and tribulations of the agricultural livelihoods forged by generations of Eagle County residents. 9 Existing Conditions Location and Description The Property encompasses approximately 131 acres of land within the Brush Creek Valley, about 1.5 miles south of the Town of Eagle. Both Salt Creek and Brush Creek flow into the southern border, join, and flow approximately 1 mile to the Property’s northern border. The Property is surrounded on the north, south and west sides by the BCVROS. Spanning a portion of the valley floor, the wetlands, creek, and irrigated hayfields embody the historic ranching and natural character of the Brush Creek Valley. Building Envelopes The Conservation Easement allows for two primary building areas on the Property, the “Ridgway Ranch Headquarters Building Area” and “Ridgway Recreation and Education Building Area”. Surveyed legal descriptions for these areas can be found in Exhibits F-1 and F-2 of the Conservation Easement. Other possible future access areas are addressed under Management Recommendations and Implementation. ●Ranch Headquarters Building Area - approximately 7.46 acres including multiple structures, roads, and yards ●Property Recreation and Education Building Area -approximately 2 acres, no existing improvements Natural Resources The Property supports habitat types typical of Colorado’s Western Slope mountain valleys. The following description of vegetation, habitat, and wildlife conditions on the Property is based on existing plans and studies and on field observations during this planning process. Vegetation Communities Centered between upland shrublands and Brush Creek Road, the valley floor is dominated by riparian communities, irrigated hay meadows, and pastures.A field investigation and ecological health assessment was performed by DHM Design in 2019.This assessment identified 15 ecological communities on the Property. The complete report from DHM Design can be found in the References page. 10 As documented in the 2020 baseline documentation report (Rare Earth Science, 2020), the primary vegetation communities are summarized as follows: • Irrigated meadow - The Property’s irrigated lands consist of irrigated hay meadows primarily in smooth brome, and irrigated pastures in a variety of pasture cultivars and lesser amounts of clovers. • Riparian wetland complex - Robust riparian vegetation corridors are associated with Brush Creek and Salt Creek on the Property. Both Brush Creek and Salt Creek meander in fairly broad, low-gradient floodplains, and support dense and fairly broad stands of native shrub willows. Brush Creek also supports scattered stands of narrowleaf cottonwood, with occasional hawthorn and silver buffaloberry.The broader floodplain area also has sub-irrigated graminoid wetlands and fens. • Upland shrublands - Some unfarmed upland shrub areas exist adjacent to the riparian corridor or irrigation ditches. These areas are occupied by sagebrush, rabbitbrush, and non-native herbaceous plants. Vegetation communities generally correspond to dominant soil types, which include gravelly loams typical of the valley floor. Soils are described in detail in the baseline documentation report (Rare Earth Science, 2020). Significant Plant Communities The most significant plant communities for long-term conservation and management include riparian habitat, wetland areas, and pasture. The relatively high groundwater, often at or near the surface, contributes to the riparian and wetland characteristics found at the Property. Riparian Habitat The riparian corridors of the Property contain a variety of wetland vegetation that supports a broad range of wildlife species including migratory songbirds, nesting raptors, amphibians, small mammals, and aquatic organisms including fish. Larger mammals, including mule deer, elk, and broad-ranging carnivores, use these areas for food,water, cover, and movement corridors. Beaver activity supports wetlands and has created deep pools in and along Brush Creek providing unique habitat for fish, songbirds, and waterfowl. The Property ’s riparian zones are potential habitat for nearby species of concern such as the northern leopard frog and native cutthroat trout. 11 Noxious Weeds While stewardship of the Property has maintained it in relatively good condition, the Property does contain some state-listed noxious weeds. The following identifies noxious weeds by state list type: • List A species – none have been identified on the Property • List B species – Canada thistle, musk thistle, spotted knapweed, plumeless thistle, hoary cress (aka whitetop), houndstongue,russian knapweed • List C species – downy brome (aka cheatgrass) Nearly all of the Hollingsworth Potter Ditch is lined with Russian knapweed at BCVROS and on the Property. Other species listed above, such as thistles, are found throughout the Property, unevenly distributed in pastures, hayfields, and wetlands.Similar weed concerns exist for the Love & White Ditch throughout the Property, as it is lined with thistles. Wildlife Habitat The Property supports habitat for a broad range of wildlife species that are typical of Western Slope mountain valleys. Wildlife habitats of primary conservation and management interest include riparian and wetland areas. As described in the baseline documentation report (Rare Earth Science, 2020) and site assessment (DHM Design, 2019), the Property provides habitat for a variety of birds, large mammals, small mammals, and other species. The Property ’s native woodlands, shrublands, irrigated meadows, and riparian corridors provide important, relatively-natural habitat and habitat linkages for wildlife in the area. These are briefly summarized below. ●Birds - The Property is habitat to multiple species of birds including migratory songbirds, raptors, and waterbirds. Species observed include the great blue heron, golden eagle, magpie, red bellied woodpecker, barn swallow, read headed black bird, Swainson’s thrush, sage thrush, house finch, Swainson’s hawk,redtail hawk, mallard, Canada goose, and wild turkey. ●Small Mammals - Small mammals such as coyote, red fox, bobcat, badger, striped skunk, raccoon, cottontail, black-tailed jackrabbit, porcupine,pocket gopher, squirrels, chipmunks, mice, voles, bats, and shrews are known or expected to inhabit or visit the Property and utilize its habitat types. Beavers are active in Brush Creek creating multiple dams and pools. 12 ●Large Mammals - Even with relatively limited acreage, the Property hosts elk, mule deer, black bears, and mountain lions. These large mammals were often observed by the previous owner crossing through the Property to access Brush Creek. ●Reptiles and Amphibians - Reptiles and amphibians anticipated to occur on the Property are Woodhouse’s toad, western terrestrial garter snake,bull snake, sagebrush lizard, and plateau striped whiptail. Aquatic and Fisheries The (approximately 1 mile of Brush Creek on the Property was included in the DHM ecological assessment (DHM Design, 2019). The following is from a rapid assessment of the fisheries habitat. ●Fish - Brush Creek through the Property supports trout fishery of state-stocked rainbow and brown trout. According to Colorado Parks and Wildlife’s Northwest Regional Manager, the reach of Brush Creek on the Property would be an excellent site for reintroduction of native cutthroat trout, which were historically present in the watershed. ●Overall the current fish habitat is considered high quality in comparison to surrounding reaches. ●High quality habitat for macroinvertebrate species observed included Western Green drake and caddis. High quality riparian vegetation provides excellent habitat for terrestrial insects, high value sources for fish. ●Assessed section of creek has relatively low gradient with minimal bank erosion. The approximately 6000’ reach is dominated by riffle run habitat with some pools and boulder pocket water distributed throughout. CPW Tracked Species Colorado Parks and Wildlife (“CPW”) track wildlife species that are regionally important for hunting and overall conservation, including sensitive or seasonal activity areas. The Property contains activity areas mapped by CPW for bald eagle,great blue heron, wild turkey, elk, and mule deer (CPW). These identified species found on the Property are also detailed in the Original Management Plan in the “CPW Tracked Species” section on Page 13. Agricultural Resources Agriculture is one of the conservation values identified in the Conservation Easement. 13 Most of the Property is managed as a working ranch and is used for hay production, livestock grazing, and pasturing of horses. Existing agricultural management conditions are described in the following sections. Ditches and Irrigation The approximately 60 acres of irrigated hay meadow is watered by flood irrigation, with lateral ditches maintained along the upper edges and on contours across the fields to spread the water. There are three ditches that supply irrigation water to the Property: the McKenzie Ditch, the Hollingsworth Potter Ditch, and the Hollingsworth Potter No. 2 Ditch. Approximate ditch alignments and the irrigated acreage can be seen on Figure 1 in Appendix A1. Information on Eagle County’s objective for irrigation management and their subjectivity to the Brush Creek Watershed Management Plan can be found in the “Ditches and Irrigation” section on Page 15 of the Original Management Plan. Irrigation Condition and Management Considerations Prior to the acquisition of the Property, an assessment of the ditches and irrigation infrastructure during the irrigation season was performed by Spronk Water Engineers, Inc. Ditch inventories from the Eagle County Conservation District were also reviewed for the Love & White Ditch. Key findings and recommendations from these reviews are summarized as follows: ●Further examination of pastures and irrigation infrastructure by the United States Department of Agriculture Natural Resources Conservation Services (“NRCS”) and Colorado State University (“CSU”) Extension are scheduled for 2021 to inform goals and management actions. ●Hollingsworth Potter Ditch flume installation near the headgate scheduled in 2021 to facilitate more accurate administration of water rights. ●Some minor cleaning and grading would maximize operational utility. ●All ditches require routine maintenance including clearing and grading, maintaining dams and headgates, and upkeep of management flumes. Ranch Infrastructure Agricultural infrastructure on the Property includes a ranch headquarters area, equipment, irrigation infrastructure, roads, and fences. These infrastructure items are summarized below and are described in greater detail in the baseline documentation report (Rare Earth Science, 2020). 14 ●Ranch headquarters structures - These are located within the Ranch Headquarters Building Area. Structures include a residence, a shop,a barn, sheds, granaries, and corrals. ●Irrigation ditches - Three ditches, with associated infrastructure, serve the Property. ●Roads - Two primary ranch roads provide access to most of the Property and may be maintained, repaired, improved, and replaced as needed in accordance with the requirements of the Conservation Easement. The main road also serves as the primary access for a neighboring residence on private property to the east. ●Fences - There are thousands of feet of multi-strand barbed wire fencing along property boundaries and between pasture areas. Residence The residence is located within the Ranch Headquarters Building Envelope along Brush Creek Road, as shown in Figure 1. Work was done after the acquisition of the Property to maintain and improve the residence. This included replacing smoke and carbon monoxide detectors, electrical work, tree trimming, cabinet replacement (mold remediation), kitchen plumbing and painting, structural pylon support, and repairs to a major water leak from the Town of Eagle water line to the residence. Future work needed on the residence includes carpet replacement, water and moisture mitigation in the cellar, and eventual roof and septic tank replacement. Summary of Key Issues and Priorities – Agricultural Management ●The Property provides opportunities to create a model for successful agricultural practices on public open space ●Irrigated and other pastures are in generally good condition ●Noxious weeds are generally minor except along irrigation ditches ●Ditches are in relatively good condition but will require general maintenance ●Dryland areas east of the irrigated hay meadows are in good condition and have not been grazed in recent years. Recreation and Access The Brush Creek Valley is host to multiple-use trail systems and public recreation sites. For context and further details on regional recreation,reference page 24 of the Original Management Plan. Recreational Access on the Property As formerly private property, the Property has not traditionally been open to the public. Two-track dirt roads are the primary access throughout the site, and no formalized singletrack 15 trails exist. The Property only borders County owned BCVROS on three sides and private land ownership on the fourth side. Existing Recreational Access Adjacent to the Property The Property is in close proximity to regional trails or recreation corridors, as described in the Original Management Plan (page 24). Additionally,the main BCVROS parking area and Three Sisters Trail were built in 2020, bordering the north side of the Property. See Figure 2 in Appendix A1 for details. Proximity to the existing BCVROS parking lot may allow for connection to existing two track roads on the Property. An alignment of the “Community Trail” contemplated in the Original Management Plan (connecting the Town of Eagle to Sylvan Lake State Park) may be considered in the future on the Property. Further study to understand impacts and suitability are needed for alignment of this trail at BCVROS and/or the Property. Hunting and Fishing Access Under prior ownership, private hunting was allowed on the Property. Brush Creek was traditionally fished throughout the Property. The fishing along Brush Creek through the Property is reported to be good due to the high quality riparian zones. Beaver activity and exclusionary fencing (for livestock) has helped to keep this section relatively ecologically intact. Summary of Key Issues and Priorities – Recreation and Access ●The Property may provide opportunities for public fishing access ●A public access easement provided by the adjacent landowner could provide seasonal hunting access to United States Department of Interior Bureau of Land Management (“BLM”) lands ●Existing BCVROS policy does not allow hunting except for “special hunts” in conjunction and cooperation with CPW; see page 47 of the Original Management Plan for details. Existing Plans and Policies Overviews of and links to the following plans and policies can be found in Appendix B of this Supplement. ●2001 Eagle Valley Regional Trails Plan ●2005 Eagle County Comprehensive Plan ●2010 Eagle Area Community Plan ●2014 Eagle Area Trails Plan ●2011 Brush Creek Watershed Management Plan ●2019 Brush Creek Valley Ranch and Open Space Management Plan 16 ●2020 Town of Eagle Strategic Plan ●2020 Town of Eagle Water Efficiency and Conservation Plan 17 Management Recommendations This section establishes and documents Eagle County ’s proposed approach for managing land, resources, and public access on the Property. Management recommendations are based on existing conditions on the Property; identified management issues and opportunities; provisions of the Conservation Easement; public, stakeholder and partner input; and direction provided by the Eagle County OSAC and Eagle County Board of County Commissioners. A foundational management action has already occurred – the acquisition of the Property in 2020 protected the Property and its conservation values (public recreation, natural habitat, scenic quality, and agricultural heritage) from irreparable harm. Now, it is incumbent on Eagle County to proactively manage these resources to ensure their long-term stewardship. Management recommendations described below are intended to improve and maintain the Property ’s identified values. Management recommendations include both broad management philosophies and specific actions that are necessary to meet the vision and goals for the Property and to ensure proper long-term stewardship of its conservation values.Implementation of these actions may take place over time as funding and resources allow and at the discretion of Eagle County. Implementation priorities, and possible funding and partnership opportunities are described in the Implementation section. This Supplement is intended to be a guiding document for decision making and may be amended as management of the Property evolves. For example, wildlife closures may be extended or shortened from the dates set forth in this Supplement due to conditions then existing on the Property. Similarly and by way of example, in the event surveys, permits or other third-party approvals require a change to a proposed trail location, changes may be implemented in accordance with this Supplement and the Conservation Easement. Goals and Implementation The vision for the Property is found in the Introduction section. More specific goals for the management of the Property include the following: ●Manage the Property to balance the conservation values of agriculture, relatively natural habitat, public education and recreation,and scenic enjoyment ●Actively monitor, restore and improve the condition,integrity, and long-term stability of natural and managed vegetation communities 18 ●Manage agricultural use to emphasize restoration goals and conservation values over production and revenue ●Implement trail connections to support limited public uses and connectivity ●Manage recreational access to minimize disturbance to agricultural operations and wildlife habitat ●Maintain the quality and extent of riparian and shrubland habitats for wildlife ●Coordinate ongoing management with partners, including the Town of Eagle, CPW, BLM, and neighboring landowners ●Maintain flexibility to respond to unforeseen issues and adapt to changing conditions ●Explore the feasibility of the Property to host small scale agricultural production by local and/or disadvantaged farmers and producers Eagle County will work to document management actions on the Property each year and will share such information with EVLT and others as available and upon request. Management Actions The following sections describe management actions and programs identified during the management planning process. Many are specific actions,but some are more programmatic and general. Timing for actions are defined as follows: Term Description Ongoing Routine activity anticipated to occur every year Short-term Recommended within the first 5 years of implementation Long-term Recommended within the first 5 to 10 years of implementation The above action timeframes will apply to the Property once this Supplement is adopted and incorporated into the Original Management Plan. Notwithstanding the time frames identified in the Original Management Plan, many of these actions may be implemented in the first few years, while others may take many years to accomplish or may not be accomplished as objectives evolve and the BCVROS Management Plan is amended. This Supplement is intended to provide guidance and is not intended to require action by Eagle County because the 19 implementation of this plan may occur over time, as funding and resources, including grants, are available, and on balance with other Eagle County government priorities. Habitat Management Weed Management Noxious weeds on the Property were primarily observed along irrigation ditches. A specific focus on irrigation infrastructure is essential to reduce the spread of weeds to other irrigated land. Weed management is an element of the overall management objective of restoring and improving the condition of the ranch in the first several years of implementation. Though the Property does not have the same noxious weed management challenges as BCVROS, the same strategy and actions apply. These actions for BCVROS and the Property can be found on page 36 of the Original Management Plan. Riparian Habitat Restoration The Property ’s riparian zones along Brush Creek and Salt Creek are in overall very good condition. Previous management of the stream corridor has resulted in excellent habitat for beavers, birds, fish, and other animals. Various riparian habitat improvements were explored in a recent study of Brush Creek through BCVROS and the Property. These recommendations will be incorporated into future restoration plans for the Property and BCVROS. The Property shares the same Habitat Restoration Actions as BCVROS, which can be found on page 37 of the Original Management Plan. Wildlife Habitat Protection Ranging from the hay meadows to the riparian corridors and upper shrublands, the Property supports habitat for a variety of wildlife species.Wildlife habitat protection actions for the Property can be found on page 38 of the Original Management Plan. If additional sensitive species are identified at the Property, further study and management actions may be required. Riparian Wildlife Habitat Allow beaver activity in Brush Creek to persist, as it contributes to wildlife habitat diversity and watershed health. The ranch lessee and ditch managers may control beavers as needed to maintain water infrastructure. Use of non- lethal methods to “control” beaver activity is the primary method for Property and BCVROS. Whenever possible,beavers should not be removed and alternative means of ditch and water management should be considered. 20 Elk and Mule Deer Management Implementation of seasonal closures should be applied to trails and public access proposed at the site to match the surrounding dates of December 1 to June 30th. Depending on the conditions, development of trails, and opening dates for the parking lot, the Property ’s seasonal closure could be changed to December 1st to April 15th. All seasonal closures will be managed in consultation with CPW staff and will be subject to seasonal conditions, wildlife presence, and other conditions. Elk and other wildlife activity will be monitored by remote cameras and staff observation. Agricultural Management Overall Approach The Property consists of approximately 131 acres,60 of which are irrigated hayfields, and 71 are non-irrigated pastures. The Property contains important water rights and a visible agricultural operation. Thoughtful management provides an opportunity to preserve and improve the Property through modern sustainable agricultural practices.As described in the Existing Conditions section, management issues and opportunities identified for agricultural management include the following: ●Hollingsworth Potter Ditch flume installation near the headgate to facilitate more accurate administration of water rights. ●Some minor cleaning and grading would maximize operational utility of ditches. ●All ditches require routine maintenance including clearing and grading, maintaining dams and headgates, and upkeep of management flumes. ●Noxious weed infestations on the Property are generally minor, except for areas lining irrigation ditches. ●Hay meadows and riparian areas also provide important scenic values. An immediate and short-term priority for the Property is further examination of pastures and irrigation infrastructure to better determine existing conditions and inform future management actions. The priority for ditches and other infrastructure is to “fix what’s broken” to support long-term stewardship. This approach will likely require adaptive management strategies; financial investment through grant funding, partners,and the County; and compatible terms and expectations from the lessee. Once short term priorities and goals are satisfied, it may be appropriate to consider more dramatic changes to ditches,infrastructure, and agricultural production goals. The following sections outline broad guidance and specific actions to address these 21 issues and opportunities, consistent with the management goals stated above and the conservation values described in the Conservation Easement. Alternative Crop Production The Property ’s agricultural operations have been hay production and horse pasture for the last 30 years. The previous landowner had cows on the Property until the 1980s when weather conditions and the costs of running a cattle became burdensome. Previous landowners grew potatoes on the Property to subsist through the Great Depression. This plan does not preclude the production of alternative crops, but instead allows such use at the discretion of Eagle County and the agricultural lessee, who would be responsible for its implementation and marketability. Use or experimentation with alternative crop production would need to be compatible with overall restoration and stewardship goals, existing water rights, and annual operating plans for the ranch. Ditches and Irrigation The Property is flood irrigated with County-owned water rights off of three ditches. While there are some repairs required for the McKenzie Ditch,the Hollingsworth Potter and the Hollingsworth Potter No. 2 Ditch require only routine maintenance. Management actions for ditches and irrigation are as follows: Ditches and Irrigation Actions Ongoing ●Exercise water rights on the Property to support sustainable agricultural use and restoration ●Report annually to EVLT per the Conservation Easement Short-Term ●Repair ditches and ditch infrastructure, including: ○Hollingsworth Potter Ditch flume installation near the headgate ○Clean out McKenzie Ditch laterals ●All ditches – routine maintenance, including clearing and grading ditches and laterals, maintaining dams and headgates, and maintaining flumes ●Coordinate with NRCS to identify infrastructure improvements that would improve distribution of water over hay meadows and pastures 22 Long-Term ●Consider and evaluate improvements to efficiency of irrigation infrastructure, balanced against costs, maintaining wetlands and habitat,and other factors ●Evaluate repairs to the McKenzie Ditch Vegetation and Grazing Management Irrigated and non-irrigated pastures are in generally good to fair condition. More robust baseline monitoring of vegetation condition, reduction of grazing, and other measures may be necessary to begin to restore the agricultural areas to a more stable and productive condition. (Note: vegetation condition assessments are based on the baseline documentation report and staff assessments compared to normal conditions for similar agricultural acreages in the region). Management actions for vegetation and grazing are as follows: Vegetation and Grazing Management Actions Ongoing ●Work with the ranch lessee to create annual operating plan ●Monitor agricultural and climate conditions with lessee to ensure operation is sustainable under identified conservation goals Short-Term ●Establish plots and methods/equipment to monitor vegetation and environmental conditions, production, and utilization ○Work with CSU-Extension and NRCS to define locations and methodology ○Conduct preliminary baseline monitoring ●Control and reduce noxious weed infestations as identified under Weed Management in this Supplement ●Install fencing to limit livestock grazing riparian areas and investigate if fencing is needed to protect wetlands near pastures west of Brush Creek ●Identify long-term need to reseed irrigated hay meadows ●Manage livestock grazing and use at a sustainable carrying capacity ●Define the carrying capacity, in animal unit month and/or other measurable indicators (i.e. grass height) for the Property based on available pasture, vegetation condition, and objectives defined in the annual operating plan ●Manage overall livestock numbers and/or intensity based on the defined carrying capacity and vegetation objectives ●Limit livestock use on dryland pastures, using grazing as a vegetation management and restoration tool 23 ●Reduce the pasturing of horses on the Property to prevent resource damage and maintain grazing within a sustainable carrying capacity ●Develop an adaptive grazing system for livestock,based on vegetation conditions and objectives ●Continue vegetation condition monitoring on an annual basis, and use data to inform annual operating plans Long-Term ●Continue noxious weed management as identified under Weed Management in this Supplement ●Continue ongoing monitoring of vegetation condition ●Refine adaptive grazing system, based on vegetation conditions and objectives, and operational needs ●Consider and evaluate opportunities to grow alternative crops, based on vegetation condition, water availability, market demand, and lessee preferences Ranch Infrastructure Infrastructure related to agricultural operations and management includes a residence, multiple structures, ditches, fences, and roads. Ditches are addressed above under Ditches and Irrigation. In general, most of these items are in working order but require ongoing maintenance or long-term improvements. The configuration and condition of fencing requires attention as the Property is incorporated into BCVROS.Management actions related to ranch infrastructure are as follows: Ranch Infrastructure Actions Ongoing ●Work with the ranch lessee to ensure that ranch equipment is properly stored and maintained ●Immediately address any health and safety issues that arise on the Property Short-Term ●Identify and complete necessary maintenance on the residence and shop ●Secure structures before any public access to the area ●Determine possible uses for residence and barn area ○Investigate condition of barn’s condition and suitability for internal and public use 24 ○Establish approximate cost(s) for barn to meet building code standards ○Determine barn repair feasibility and future use ○Continue or finish existing list of repairs to residence ○Evaluate long-term maintenance costs and potential revenue for residence ●Install permanent cross-fencing to facilitate livestock exclusion and rotation ●Emphasize areas where livestock should be excluded or separated from public use ●Permanent fencing locations should be determined in consultation with the agricultural lessee ●New fencing should be constructed using, to the extent practicable, wildlife-friendly materials and specifications ●Install fencing to reduce livestock impacts on the Brush Creek riparian area ○Use both permanent and temporary fences to retain efficiency and adaptability ○Retain areas where animals can access water and cover,and cross over ○Monitor riparian vegetation both inside and outside of the fence exclosures ●Remove unnecessary equipment and junk from the building envelope area Ranch Management Agricultural operations on the Property are currently managed under a separate lease agreement with the BCVROS lessee. The County intends to promptly develop an amended lease agreement with the existing BCVROS lessee to incorporate both properties into the same lease. These objectives, including an emphasis on vegetation restoration and the introduction of public use to the Property, will require changes to the terms and expectations associated with leasing and management of the Property. Actions related to ranch management include the following: Ranch Management Actions Ongoing ●Develop an annual operating plan with the lessee that incorporates the Property into the management of BCVROS ●The annual operating plan and lease agreement are subject to the Conservation Easement ●Work with the lessee to identify and address ongoing management issues ●Monitor and evaluate vegetation condition, climate conditions, public interface, and ranch productivity ●Modify annual operation plan to incorporate new information and respond to changing conditions 25 Short-Term ●Develop standards related to vegetation condition,grazing carrying capacity, and land available for grazing giving specific consideration to conservation of wetland areas west of Brush Creek ●Establish responsibilities related to: ○Infrastructure improvements, including capital costs,maintenance, and ownership at the termination of a lease ○Expectations related to public access use and interface with agricultural operations Long-Term ●Consider and evaluate improvements to efficiency of irrigation infrastructure, balanced against costs, maintaining wetlands and habitat, and other factors Management of Recreation, Public Access, and Use Overall Approach The County recognizes the high level of public interest in accessing the Property for fishing, hiking, and scenic enjoyment. The Property is in close proximity to the extensive soft-surface trail networks on the BLM Special Recreation Management Area and Town of Eagle Open Space. The Original Management Plan identifies trailhead locations. The Land Use and Recreation Map (Figure 2 in Appendix A1) shows a possible future trail alignment on the Property, and its connection to the adjacent BCVROS and trails on Town of Eagle and BLM land. BCVROS’s primary public access point (parking lot) constructed in 2020 is also shown in Figure 2. As described in the Existing Conditions section, management issues and opportunities identified for recreation management include the following: ●The new and proposed trail systems on the BLM Special Recreation Management Area and Town of Eagle Open Space (Figure 2) are in close proximity to the Property ●Existing roads on the Property could support recreational access from the BCVROS parking lot and trail system ●The Property provides opportunities to access adjacent BCVROS lands, as well as regional pass-through connections to BLM lands (Figure 2) ●The Property has been traditionally fished by the owner and a private outfitter and the fishery quality is expected to be high, but has not been studied or confirmed ●As is the case on BCVROS, commercial (outfitter) fishing on Brush Creek through the Property is prohibited 26 Public Access and Recreation A public parking lot was established at BCVROS on Brush Creek Road in the fall of 2020. This lot provides access to the newly constructed Three Sisters Trail connecting BLM and Town of Eagle Trails to Brush Creek Road for the first time. This parking lot and existing trail system is adjacent to the Property and will facilitate public access to the Property. The Property’s Ranch Headquarters may serve as an access point for management and ranching operations, as well as limited access for programming or other activities.The Ranch Headquarters are not intended to serve as a public parking lot for recreational activities,unless expressly authorized by the Open Space Director. Dogs may or may not be allowed on some or all of the Property. If allowed, they will be restricted to trails and must be kept on leash. Additional trailheads and public parking lot(s) at the Property are not contemplated in this supplemental plan. As with BCVROS, areas under an agricultural lease are not open to public access unless posted. Due to its location and proximity to BCVROS, the Property could potentially host a section of the “Community Trail''proposed in the Original Management Plan. Public Access Area/Trailhead Management Actions Ongoing ●Implement and enforce winter wildlife closures ●Maintain, repair, and improve existing two-track access and trails that may be constructed ●Once public access is established, manage and monitor public fishing access for sustainability ●Once public access is established, regulate and manage dog access to trails and facilities to minimize wildlife and agricultural interactions Short-Term ●Install informational and regulatory signage at all public access points ●Identify necessary facilities to be located along trail(s) and the Ranch Headquarters including wildlife-proof trash receptacles, kiosks and other trail signage, and other items for educational or outreach activities ●Identify grants and partners to assist with design,construction, and purchase of above facilities 27 Long-Term ●Evaluate recreational uses and capacity to inform public access management decisions Trails There are currently no recreational trails or public access at the Property. Two track roads provide access across the Property (and to BCVROS)for ranching operations. Public access identified during the management planning focuses primarily on fishing access along Brush Creek. Considerations to minimize disturbance to wetlands,irrigated hayfields, and pastures should be made during trail planning and construction.Certain recommended trail alignments may require easements or approvals from third parties.Trail alignments shown on Appendix A1 Figures 2 & 3 are strictly conceptual, and will be adjusted or removed to protect natural resource and agricultural values of the Property. Soft Surface Trails:BCVROS is the only accessible public land from the Property. Connection to the existing trail system at BCVROS will provide access to nearby BLM and Town of Eagle trail systems. This Supplement recommends the use of an existing two track road for public access. Additional soft surface trails (sharing the same approximate alignment as the existing roads) may be considered if use conflicts arise with user groups, agricultural operations or ranch management. ●Primary Access Trail - Connection from the established BCVROS Recreation and Education Area/Trailhead through the Property to the Salt Creek area of BCVROS. To complete this access, a bridge would need to be built over Salt Creek and/or Brush Creek depending on final alignment (approx. 1 miles of trail).The primary short-term purpose of this trail is for fishing and hiking access. ●Additional Creek Access Trail(s) - Short single track (36 inches or less) trails should be formalized for access to Brush Creek. These Brush Creek access trails should be kept to a minimum in an effort to minimize impacts along the riparian corridor. ●Social Trails - Creation of social trails should be monitored and closed to minimize ecological disturbance and erosion. Soft surface trails are envisioned to be two to four feet in width, as is typical in the region. Over time - with support from third-party funders, consultants,and volunteers - Eagle County will design, construct, and maintain trails and paths throughout the Property using industry best practices that minimize impacts and ensure sustainability.Per the Conservation Easement, the 28 trail tread of soft surface trails shall not exceed eight feet in width, unless dictated by existing conditions or as necessary to accommodate site or safety conditions. Trail corridors should be developed to provide quality visitor experiences while minimizing impacts on environmental resources and interference with agricultural management. Community Trail:The Plan includes a potential route for a Community Trail along Brush Creek Road, connecting Eagle to the Salt Creek portion of the Property referred to as the “Connector Trail” in the Conservation Easement. Per the Conservation Easement, the trail tread shall not exceed 12 feet in width, unless necessary to accommodate special circumstances. The Town of Eagle has an easement along portions of this alignment from Town. This trail may be a natural or crusher fine surface trail that could be paved in the future. An alignment for this trail is contemplated in the Original Management Plan. The current proposed alignment in Figure 2 does not enter the Property. Any future proposed alignments should consider the suitability and impacts to the Property’s wetland and riparian areas. Allowed Trail Uses:Trails on the Property will be intended for non-motorized uses only: hiking, biking, running, and equestrian use. Trails designated for fishing access are for foot access only. Per the Eagle County Open Space Rules and Regulations and BCVROS Management Plan, and to maintain consistent regulations with surrounding trail networks, the use of electric bicycles (e-bikes) on the Property is prohibited. Non-motorized winter use of trails, including snowshoeing, fat biking, and cross-country skiing,is allowed on trails that are otherwise open (and not subject to wildlife closures). Trail Management Actions Ongoing ●Implement and enforce wildlife closures ●Once trails are constructed, maintenance, improvements,enforcement, and management ●Once trails are constructed, maintenance and repairs to trails, gates, and other recreation facilities Short-Term ●Prioritize and design trail alignments for access along Brush Creek (“Potential Foot Access”, Appendix A1 Figure 3) ○If selected as an viable option, use existing two track access road for foot access and consider phasing in bicycle and equestrian access if deemed 29 suitable (not to degrade or impact two track road or tread) ●Implement a phased approach to trail design and construction that is aligned with funding and required surveys, permits, and any legal requirements ●Install signage to communicate designated uses and wildlife closures ●Develop specific designs and measures to separate the trail from agricultural operations ●Seek funding and partnerships for trail construction Long-Term ●Verify alignment of regional “Community Trail '' at BCVROS during initial planning phase to inform impacts or alignment on the Property. Fishing Brush Creek provides opportunities for fishing at the Property. The ecology of this waterway is unique to the Brush Creek Valley. Maintaining the ecological health and integrity of Brush Creek and Salt Creek and its fisheries are management priorities.A careful approach is therefore needed as public access is introduced to the Property.All anglers are required to use single barbless hooks and all fish are to be released back into the creek after being caught. Commercial (outfitter) fishing is not permitted in Brush Creek throughout BCVROS per the Conservation Easement. Fishing Management Actions Ongoing ●Once public use is established, ongoing enforcement and management of fishing access ●Once public use is established, ongoing maintenance and repairs of signage, fencing and access points/trails ●Evaluation of fishery ○Impacts from recreational uses ○Impacts from ranching operations Short-Term ●Establish if fishing access regulations/restrictions are required to ensure natural resource and fishery protection, and to elicit positive user experience ●Install signage to identify fishing access and adjacent private property to prevent 30 trespass ●Install signage to identify and separate fishing activity from agriculture operations, riparian restoration, and habitat management areas ●Seek funding and partnerships for fishing access improvements ●Seek funding and partnerships for aquatic habitat and fishery improvements, in conjunction with riparian restoration efforts ●Commercial fishing operations will not be allowed on the Property (consistent with BCVROS Management Plan’s Fishing Management Actions,and Open Space Rules and Regulations) Hunting The Property ’s policy for hunting is consistent with policy for BCVROS. Hunting will not be allowed on the Property, except under special circumstances as identified by Eagle County Open Space in coordination with CPW. Special circumstances may include, but not be limited to, herd management and childrens or veterans hunts. No special hunts will occur on the Property (regardless of size), unless approved by Eagle County and the EVLT. The special hunts, if any, will not be counted as an Event as set forth in the Program Management section of this Supplement. Management actions and more information on Hunting at BCVROS can be found on page 47 of the Original Management Plan. A public access easement through private land was granted as part of the Property’s acquisition. This access point can be seen on the Land Use and Recreation Map or Figure 2. If developed, the intention of the public access easement is to provide non-motorized public hunting access to BLM lands. Access and parking will solely be from the Trail Gulch parking area (Land Use and Recreation Map, Figure 2). Hunting Management Actions Ongoing ●Work with CPW to evaluate special hunting opportunities on the Property, such as educational, childrens, or veterans, or as needed to manage herds ●Allow non-motorized, pass-through hunting access to adjacent BLM lands via specified public access easement ●Any public access that is permitted will be subject to the Open Space Rules and Regulations and posted signage Short-Term 31 ●Post signage instructing hunters to contact Eagle County Open Space or CPW for instructions Programming Management The County established guidelines for “Programming ”in the Original Management Plan on page 48. These guidelines were updated in 2021 by the Program and Special Events Rule and the Commercial Activities Rule for Eagle County Open Space as detailed in the Open Space Rules and Regulations. The same policies, application, and approval for requests related to educational programming, special uses, events, and commercial use on all Open Space properties will apply to the Property. A desired focus on educational programming and opportunities has been expressed by partnering organizations during initial outreach efforts. Public comment during the BCVROS management planning process supported limiting the size and scope of events and activities at the site. Rules and Regulations The Property and BCVROS are subject to the Eagle County Open Space Rules and Regulations Resolution of 2021. Any exceptions to rules in the resolution are posted onsite or listed in this (and the BCVROS) Plan. Kiosks at BCVROS display these general rules: ●Open from sunrise to sunset ●No electronically powered bikes, motorized recreation,or motorized activities ●Dogs must be on leash at all times, except where posted in the Salt Creek area of BCVROS ●Hunting is prohibited, pass through access to BLM lands on designated trails is allowed ●No camping or overnight parking ●Fires and fireworks are prohibited ●Discharge of weapons is prohibited ●No drone use ●Stay on marked trails, no access to agricultural lease area ●Removal of plants, animals, rocks, antlers, horns,or fungi is prohibited 32 Implementation The adopted Supplement will be implemented at the sole discretion of Eagle County, as timing and resources allow. Implementation Priorities Based on a current understanding of management issues and opportunities, the following actions have been identified as near-term priorities for implementation within the first 2 to 3 years as resources allow. This list will be further evaluated and revised by technical advisors, Eagle County staff, and Eagle County OSAC on an ongoing basis, and will include a consideration of funding partnerships and grant opportunities for actions that require capital or other expenditures. Priority Implementation Actions Blue = Staff actions Purple = Staff actions with associated costs Red = Capital expense Resource Management 1.Monitor and map weed infestations annually 2.Document weed management strategies 3.Aggressively control weed infestations 4.Improve fencing to exclude livestock from Brush Creek riparian areas 5.Establish vegetation monitoring program 6.Implement wildlife closures on applicable trails Agricultural Management 1.Incorporate the Property into BCVROS agricultural management lease, including an annual operating plan 2.Conduct routine maintenance to all ditches 3.Implement high-priority repairs to ditch infrastructure 4.Determine suitability and management of small scale agricultural opportunities at the Property’s Ranch Headquarters 33 Public Access and Recreation 1.Install regulatory and informational signage at public access point(s) 2.Establish public access policy for fishing Brush Creek and Salt Creek 3.Regulate and manage dog access to trails and facilities 4.Design and construct trail access across Property (Potential Foot Access Trail on Figure 3) and trail connection(s) for fishing access Ranch Infrastructure 1.Complete repairs to residence and assess condition of barn repair costs to inform potential use In light of the identified projects and work to be completed, it is recognized that partners and external funding sources will be necessary to fully implement this Plan. The Plan is intended to be a guiding document, and priorities may shift based on the following: ●Available funding and opportunities, which may include: ○Grants ○Partnerships ○Other funding sources ●Permit requirements (e.g. environmental permitting,land use requirements) ●Legal implications (e.g. third-party easements and agreements) ●Staff resources It should be noted that some actions will take a number of years to implement or may never occur as a result of modifications to the Plan, changing conditions, or other factors. 34 References DHM Design, 2019. Eagle County Open Space Ecological Site Analysis - Ridgway Parcel. Prepared for Eagle County Open Space. July 10, 2019. Rare Earth Science, LLC. 2020. Baseline Documentation Report. Ridgway West Parcel Conservation Easement, Eagle County, Colorado. Prepared for Eagle County Open Space. June 22, 2020. Eagle County Conservation District (ECCD)a. 2016.Irrigation Asset Inventory. Ditch Owner ’s Summary Report: Love and White Ditch. Prepared by SGM. March 2021. Darren, Chacon & Brian Wodrich. District Wildlife Managers, Colorado Parks and Wildlife. Personal communication with Open Space Staff, March 2021. Colorado Parks and Wildlife (CPW). 2021. Species Area Mapping. GIS Data. 35 Appendix A: Maps Figure 1: Ranch Infrastructure Map Figure 2: Land Use and Recreation Map Figure 3: Property Access Map 36 Figure 1. Ranch Infrastructure Map 37 Figure 2. Land Use and Recreation Map 38 Figure 3. Property Access Map 39 Appendix B: Existing Plans ●2019 Brush Creek Valley Ranch and Open Space Management Plan ●2011 Brush Creek Watershed Management Plan ●2021 Eagle County Comprehensive Plan ●2010 Eagle Area Community Plan ●2001 Eagle Valley Regional Trails Plan ●2014 Eagle Area Trails Plan ●2020 Town of Eagle Strategic Plan ●2020 Town of Eagle Water Efficiency and Conservation Plan 40 Appendix C: First Amendment to Deed of Conservation Easement, Brush Creek Valley Ranch and Open Space, formerly Hardscrabble Ranch 41 28 EXHIBIT C Conservation Easement and Conservation Easement Amendment DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 29 EXHIBIT D Property Map (Leased Area) DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 Brush Creek RdTown of EagleBru sh C r eekSalt CreekHardscrabble RdSalt Creek RdTown of EagleEagle County, Colorado Govmnt, GIS Dept P:\Department\Openspace\HardscrabbleRanch_062316\MXD\BCVROS_2023LeaseArea_052523.mxd Date: 6/16/2023 4:18:27 PM Name: scott.flemingB r u s h C r e e k Va l l e y R a n c h a n d O p e n S p a c eLease A r e a M a p [0 0.250.125 Miles 1 inch = 1,868 feet Map may be subject to change. Implementation is subject to funding, satisfaction of permits & other legal requirements. This map was created by the Eagle County GIS Department.Use of this map should be for general purpose only.Eagle County does not warrant the accuracy of the datacontained herein. Stream Recreation & Education Area Brush Creek Valley Ranch and Open Space Brush Creek Valley Ranch and Open Space Headquarters Current Lease Area 799.39 AC +/- 30 EXHIBIT E Annual Operating Plan DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 ANNUAL OPERATING PLAN 2023-2024 The purpose of this Plan is to establish specific management goals,expectations,and procedures for the period between June 1,2023 and May 31,2024 (the “Operating Period”).Capitalized terms in this Annual Operating Plan will have the same meanings as in the Lease Agreement,First Amendment,Second Amendment,and Third Amendment (collectively,“Agreement”).To the extent the terms and provisions of this Annual Operating Plan conflict with the Agreement,the Agreement will control. 1.Leased acreage and rent:The leased acreage and rent for the operating period beginning June 1,2023 is approximately 799 acres and $12,784.00 2.Livestock Grazing:The Property will be used for grazing.In an effort to reestablish healthy vegetation on the Property,the maximum number of AUM permitted on the Property is 160.A grazing plan is not required at this time,but Tenant shall monitor range health and shall rotate cattle and horses as appropriate to ensure that over-grazing does not occur and that range health is a priority.It is expected that Tenant will feed horses with supplemental feed during those months that horses are on the Property to ensure range health.In the event the Property is being negatively affected by horse grazing,as determined by the County in its sole discretion,the County may require additional supplemental feed or prohibit horses from being on the Property in future years. The Parties agree to speak each fall to discuss the existing range health,plans for grazing and appropriate number of AUM for the pending grazing season recognizing that range health is a priority for the County. Livestock will be on the Property only during the following months:October through May,except 1)when the Eagle County Fair and Rodeo is taking place (usually late July);2)a maximum of five work horses may remain on the Property year-round;and 3)as outlined in Section 17 below.During the remaining months County shall utilize other properties or grazing leases to manage its livestock operation. From time to time,Tenant may move cattle from one part of the Property to another.In the event that such movement will affect any of the public trails or amenities which currently exist or which may be developed by County in the future,Tenant will provide County with at least two (2)day’s advance notice so that County may alert the public of the temporary closure.Tenant will make reasonable efforts to limit the number and duration of such closures. In an emergency,including but not limited to the unpredictable nature of livestock,the Tenant may need to close off or affect movement on or around public trail(s)or amenities.Tenant will notify the County immediately after controlling the situation as to the facts arising to the emergency and the actions taken by Tenant. Tenant may also be asked to move cattle to accommodate riparian and stream restoration efforts on Brush Creek.Beginning in the fall of 2023 all livestock will be excluded from the restoration project area along Brush Creek north of the headquarters buildings 3.Monitoring:Tenant shall take a proactive approach towards range health and water quality on the Property.The County desires to restore degraded agricultural areas to a more stable and productive condition.In an effort to determine how management practices and Tenant’s operation are affecting the Property,The County shall establish methods to monitor vegetation to establish baseline conditions for the Property. The County shall monitor vegetation annually.If vegetation is not in satisfactory ecological condition as determined by the County then grazing in that pasture shall be restricted to allow vegetation to be reestablished. The Parties shall monitor production on an annual basis and shall adjust management practices as needed. 4.Hay Production:The Tenant is responsible for tending,irrigating,cutting,baling,storing,and selling the crops.Tenant may not cut willows or wetland vegetation to expand hay cultivation unless approved by the County. Tenant shall provide production information to the County annually. 5.Chemical Applications:The Tenant is allowed,but not required,to apply fertilizers as approved by the County and recommended by Open Space and Natural Resources staff and in accordance with the Brush Creek Watershed Management Plan,as applicable.The cost of purchasing and applying fertilizer is borne by the Tenant. When herbicide applications are made,all labeled directions must be followed.If aminopyralid (Milestone™) or clopyralid (Transline™),per the label,hay can not be sold or moved off-site for 18 months after the last application. All herbicide and fertilizer application records may be reviewed by the County annually. 6.Vegetation Management:See Weed Management Plan Exhibit F to Agreement.Tenant and County will continue to collaborate on seeding projects to establish native grasses on the Property and improve winter forage for deer and elk. 7.Pest Management:Tenant is permitted to manage nuisance species,as defined by CPW and in accordance with all applicable laws,to prevent the disturbance or destruction of property or emblements throughout the leased area.Tenant will notify the County if additional pest management services are needed. 8.Seeding and improvements:County will continue to pursue seeding projects for areas outside of the leased area to provide additional forage for wildlife. 9.Ditches:Tenant will maintain ditches and employ irrigation practices to ensure high efficiency water use in accordance with the Brush Creek Watershed Management Plan.Tenant will manage County’s Water Rights on the Property and related infrastructure as set forth in the Agreement.Tenant will work to perform necessary repairs at diversion points,along ditches,at headgates,and to limit erosion.Implementation of irrigation infrastructure (i.e.side rolls and the like)shall only occur with permission from County to be granted in County’s sole discretion.Tenant will promptly make County aware of any needed improvements,cleanouts, problems,or damage to ditches. The Parties agree that the following capital ditch work and maintenance work shall occur during the Operating Period subject to County budgeting and appropriating funds for the capital work: ●Continuation of ditch piping on the Hardscrabble Road/south side of BCVROS along Adam’s Way Trail; ●Install gated pipe on the Wilkinson Ditch/north side of Brush Creek Road; ●Address erosion caused by gophers along the Love White Ditch along the top of the mesa; ●Discuss repairs with County to Salt Creek and McKenzie Ditches to protect water rights; ●and other such other repairs as mutually agreed to by the Parties. 10.Fencing:County and Tenant will continue to work together to mutually prioritize fencing projects for the remainder of the Initial Term.The Parties agree that the following fencing and maintenance work shall occur during the Operating Period subject to County budgeting and appropriating funds for the capital work: ●Eagle County will work with volunteer groups to remove fencing in the “canyon pasture”outside of the leased area; ●County will prioritize transitioning to smooth top-wire fencing along Brush Creek Rd.and along the property boundary with the Ridgway family; ●Tenant and County will jointly address fence lines that separate leased property from non-leased; ●Eagle County will support the Tenants participation in the Vencing program as budget and time permits. 11.Emblements:Tenant does not anticipate changes to crops that will be grown on the Property.If Tenant desires to change crops on the property,advanced notification to the County is required.In the event Tenant plans to plow under portions of the Property,it must obtain advance approval from the County. 12.Ranch Headquarters,House,Structures and Property: County and Tenant will mutually agree on projects related to the Ranch Headquarters,House,Structures and as may be otherwise identified for the Property.The Parties agree that the following headquarters infrastructure and maintenance work shall occur during the Operating Period subject to County budgeting and appropriating funds for the capital work.In the 2023-2024 Operating Period,the following priorities have been identified: ●Stackyard at headquarters ●Ranch house master bathroom ●Ranch house painting ●Roof extension over shop 13.Subleasing:Tenant may enter into subleases so long as such leases comply with the terms of this Annual Operating Plan and the Agreement. 14.Riparian Vegetation and Brush Creek Corridor:Respect riparian areas,water quality,and a healthy ecosystem. ○Allow beaver activity in Salt Creek to persist,to the extent possible. ○Allow Tenant to manage beavers along Brush Creek to maintain water infrastructure on the Property.Tenant to keep County informed of beaver activity that results in flooding or impairment of ranching resources. ○Keep cattle to specific areas so as to assist with the riparian restoration.At the request of the County,this may include moving cattle frequently and/or using electric fences to keep cattle excluded from stream banks and riparian areas. ○County may also,in its sole discretion,engage a third-party consultant to monitor riparian health along Brush Creek,and based on the consultant’s recommendations,may require removal of cattle from sensitive areas. 15.Wildlife:No harassing wildlife outside of leased areas.As authorized by CPW and Eagle County staff,Tenant may utilize hazing methods to manage wildlife on the leased area during the growing season.Hazing and use of other deterrents may only be used under the direction of CPW and Eagle County and may be done by the tenant, only under the direction of CPW and Eagle County.Tenant will consult with CPW and Eagle County staff at the beginning of each field season to determine dates for hazing as necessary on irrigated and leased pastures.Tenant will continue discussions with County and CPW staff to effectively manage elk herd numbers on the Property, particularly during the growing season.Eagle County is planning to install multiple raptor perches in non-irrigated fields to encourage rodent control ○Eagle County is working to mitigate beaver dams and impacts along the reach of Brush Creek south of the parking lot. 16.Recreation:Eagle County has designed and constructed various recreational improvements throughout the property,some of which do cross,or are adjacent to the leased areas.During the 2023-2024 Operating Period,The County is planning to construct a multi-use trail across the irrigated field connecting the Adam’s Way trail to the main parking lot.This project will be done at the County’s sole expense,however it will likely require some disruption to Tenants historical haying practices.County will communicate regularly with Tenant to ensure minimal disruption. 17.Equipment-Maintenance and Replacement Schedules:Eagle County owns and permits Tenant to use a variety of ranching machinery and equipment.In the fall of each year,Tenant and the County will discuss the current state of equipment and decide on replacement schedules annually. 18.Emergency circumstances:In the event there are emergency circumstances,which shall be determined on a case by case basis in County’s sole discretion,the following is agreed upon by County and Tenant: ○Cattle and horses may be permitted on the Property for grazing,in the event of emergency circumstances,outside of the described timeframes in paragraph 1. ○The total number of AUM on the Property may be temporarily modified to a higher AUM than permitted by the Plan in paragraph 1,under emergency circumstances,so long as the Tenant agrees to keep all animals within the current lease area and provide supplemental feed as the County determines it necessary to ensure range health. ○Tenant will make every effort to return to non-emergency operations following the conclusion of the emergency event.In so doing,the Tenant and County will revisit these emergency operations every two weeks during the emergency circumstances to develop additional contingency plans and a timeline for removing any animals from the Property in excess of the total AUM or which were allowed outside permitted grazing timeframes and to formulate plan for rehabilitation of the range in the event of overgrazing during the emergency circumstances. 31 EXHIBIT F Weed Management Plan DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4             Weed Management Plan  For  Brush Creek Valley Ranch and Open Space  2020-2025          Prepared by: ​Vegetation Management, Open Space, CSU Extension  Created:​ March 2020 Updated: ​April 2020    Table of Contents  Table of Contents 2  Introduction 3  Site Description 3  Weed Description and Scope 3  Goals and Objectives 4  Weed Inventory and Management Methods 5  Weed Action Plan 8  Early Detection, Rapid Response 8  Timeline of Activities 8  Special Project Description 8  Community Outreach and Education 9  Events 9  Appendices 9  Baseline Weed Map (2017)9  Weed Survey Maps and Tables 9  Weed Treatment Maps 9  Community Outreach and Event Details 9  Special Projects 9  Events and Outreach 9       2  I.Introduction  A.Site Description  The Brush Creek Valley Ranch and Open Space (BCVROS) property is about 1,540  acres of land within the Brush Creek valley located about 1 mile southeast of Eagle,  Colorado. The property includes irrigated hay meadows, non-irrigated grass  rangelands, sagebrush shrublands, woodlands, and close to 2.5 miles of riparian  corridor along the Brush Creek.  B.Weed Description and Scope  The term “weeds” is inclusive of both non-native and native species and will  generally be defined as “noxious weeds” as described in the Colorado Noxious  Weed Act, C.R.S. § 35-5.5-103. Species considered weeds at BCVROS are those that  are toxic or poisonous to livestock or wildlife in addition to those being invasive and  able to move into and dominate or disrupt the biodiversity of natural or agricultural  plant communities. Additional plant species may be considered weeds that are  hazardous or a nuisance to recreational users within designated recreational areas.  Data collection of weeds species is paramount to achieving our management goals  and objectives. Weed species data collected will include: common and scientific  name(s), mapping locations found, status (both state & county), distribution details  (density, gross acres, infested acres, or canopy cover), detriments to livestock and  wildlife, management methods and techniques, photo points, and other  information as needed.  The scope of this management plan is to guide decisions and actions related to the  weed problems at BCVROS. All weed species information and suggested control  methods are detailed in section I(D) titled “Weed Inventory Descriptions” and  specific weed location data are detailed in the Appendix section B.    3  C.Goals and Objectives  1.Goal:​ Scout for weeds early and often.  a)Objective:​ Scout for weeds in the spring (mid-April to May) each year.  b)Objective:​ Scout for weeds in the summer (June to July) each year.  c)Objective:​ Scout for weeds in the fall (Sept. to Oct.) each year.  2.Goal:​ Maximize herbicide activity for all herbicide applications.  a)Objective:​ Follow herbicide label directions for all herbicide  applications and treatments:  (1)Use recommended adjuvants at or above recommended rates.  (2)Apply at the recommended plant growth stage and timings.  (3)Use multiple modes of action and/or site of action herbicide  mixes.  3.Goal:​ Suppress or eliminate the spread of weeds.  a)Objective:​ Chemical treatment methods will occur in the spring and  summer prior to flowering and/or seed development, or immediately  after weed germination in the fall.  b)Objective:​ Other treatment methods will occur throughout the  growing season which includes:  (1)Mowing/Cutting before weeds flower and/or seed develops.  (2)Hand-pulling all weed plant material into trash bags for  disposal.  (3)Overseeding with native plants in weed infestation areas.  (4)Grazing livestock to encourage grass growth and productivity.  4.Goal:​ Evaluate management efforts for efficacy.  a)Objective:​ Review and evaluate management efforts at the end of the  growing season from Sept. to Oct.  b)Objective:​ Review and evaluate management efforts at the beginning  of the growing season from April to May.  5.Goal:​ Utilize diverse methods of integrated weed management practices.  a)Objective:​ Each year, and for each area where weeds have been  identified, employ the use of control techniques from at least two of  the following categories: biological, cultural, mechanic, and chemical.  (1)See section I (D) for recommended control techniques for each  weed species.  6.Goal:​ Incorporate the community through outreach and education events.  a)Objective:​ Organize and/or host at least one event each year    4  D.Weed Inventory and Management Methods  The purpose of this section is to outline management methods and techniques for  weed species found at BCVROS. The keys to managing the land at BCVROS can be  stated simply with the following 5 points:  Limit Disturbance Cover the Soil Increase Diversity  Incorporate Animals Keep a Live Root Growing All the Time    1.Canada Thistle​, ​Cirsium arvense  Biological control:Rust fungus ​(Puccinia punctiformis)  Cultural control:Neither grazing nor prescribed burning is effective.  Mechanical control:Mow paired with other methods. Tillage and  cultivation not recommended.  Chemical control:2,4-D (1.9 lb a.e./A); Aminopyralid (1.75 oz a.e./A);   Chlorsulfuron (0.75-1 oz a.i./A); Dicamba (2 lb a.e./A);   Glyphosate (2% v/v solution)  2.Hoary Cress​, ​Cardaria draba  Notes:Toxic to cattle.  Biological control:None for any ​Cardaria​ species.  Cultural control:Do not overgraze. Graze with sheep or goats. Burning is  not recommended.  Mechanical control:Hand-pulling not recommended. Mow paired with  other methods.  Chemical control:2,4-D (1.9 to 2.85 lb a.e./A); Aminopyralid + metsulfuron  (3.3oz/A); Chlorsulfuron (0.75 oz a.i./A); Dicamba (0.5 lb a.e./A);  Glyphosate (2% v/v solution)    5  3.Musk Thistle​, ​Carduus nutans  Biological control:Musk Thistle Rosette Weevil or Crown Weevil  (Trichosirocalus horridus)​.  Cultural control:Do not overgraze. Graze goats for flowerheads. Graze  sheeps for rosettes. Keep the ground covered. Minimize disturbance and  revegetate with competitive native species.  Mechanical control:Mowing, cutting, digging, pulling are all effective.  Cut 2-4 inches below ground level. Mow after bolting and prior to flowering.   Chemical control:2,4-D (0.5-1.9 lb a.e./A); Aminopyralid (1-1.25 oz a.e./A);  Chlorsulfuron (0.75-1.95 oz a.i./A); Dicamba (0.25-1 lb a.e./A);  Glyphosate (2% v/v solution); Triclopyr (1-2 lb a.e./A)  4.Plumeless Thistle​, ​Carduus acanthoides  Biological control:None available  Cultural control:Do not overgraze. Graze goats for flowerheads. Graze  sheeps for rosettes. Keep the ground covered. Minimize disturbance and  revegetate with competitive native species.  Mechanical control:Mowing, cutting, digging, pulling are all effective.  Cut 2-4 inches below ground level. Mow after bolting and prior to flowering.  Chemical control:2,4-D (0.5-1.9 lb a.e./A); Aminopyralid (1-1.25 oz a.e./A);  Chlorsulfuron (0.75-1.95 oz a.i./A); Dicamba (0.25-1 lb a.e./A);  Glyphosate (2% v/v solution); Triclopyr (1-2 lb a.e./A)    6  5.Russian Knapweed​, ​Acroptilon repens  Notes:Toxic to horses.  Biological control:Gall Wasp (Aulacidea acroptilonica), Gall Midge (Jaapiella  ivannikovi)  Cultural control:Do not overgraze. Keep the ground covered. Plant  sod-forming grasses or vegetation with dense shade. Burning paired with  other methods.  Mechanical control:Mowing at or before bolting is only effective when  partnered with other methods of control. Tilling and disking is not  recommended.  Chemical control:Aminopyralid (0.75-1.75 oz a.e./A); Clorpyralid (4-8 oz  a.e./A); Chlorsulfuron (0.75-1.95 oz a.i./A); Glyphosate (2% v/v solution);  Metsulfuron (0.6-1.2 oz a.i./A)  6.Russian Olive​, ​Elaeagnus angustifolia  Notes:Can resprout from any root fragments. Known to associate with  nitrogen-fixing bacteria.  Biological control:None available.  Cultural control:Burning must be paired with other methods. Plant native  species.  Mechanical control:Manually remove seedlings/saplings with roots  before they mature. Larger trees can be pulled out with heavy equipment  (see notes above about resprouting). Cut trees before fruit matures and  either burn or apply cut-stump herbicide treatment.  Chemical control:  Basal Bark: Triclopyr (20% v/v solution)  Cut Stump: Glyphosate (undiluted or 50% v/v solution);  Triclopyr (undiluted or 50% v/v solution)    7  II.Weed Action Plan  A.Early Detection, Rapid Response  Eagle County follows the philosophy of Early Detection, Rapid Response (EDRR).  Early detection involves the quick identification and documentation of weed species  in an area. Rapid response involves an immediate effort of outreach, prevention, or  management methods to eradicate the weed infestation and avoid (re)introduction.  A critical component of an integrated weed management strategy and one of the  most cost-effective and ecologically viable methods for managing weeds is to detect  them early and respond rapidly.  Weeds will likely continue to be introduced and/or persist in BCVROS and  surrounding plant communities. In order to prevent the further spread of existing  weeds into uninfested areas, and to manage the likely introduction of new species,  it will be important to regularly monitor the site for new invasions and make  permanent practice of the EDRR approach.  B.Timeline of Activities  Season Months Activities  Spring April to June  ●Review and evaluate management efficacy.  ●Scout for weeds, mapping, and data collection.  ●Community outreach event(s).  ●Treatments for weed rosettes (winter annuals, short-lived perennials).  Summer June to Sept.  ●Scout for weeds, mapping, and data collection.  ●Community outreach event(s).  ●Treatment for weeds.  Fall Sept. to Nov.  ●Review and evaluate management efficacy.  ●Scout for weeds, mapping, and data collection.  ●Community outreach event(s).  ●Treatment for weed rosettes (winter annuals, short-lived perennials).  Winter Nov. to April  ●Review and update management plan.  ●Review community outreach events held and start planning for next year.  ●Organize reports, maps and documents.    C.Special Project Description  Special projects can be a great opportunity for the inclusion of the community and  for creating partnerships in order to showcase efficacy of management methods or  techniques.  Details about any special projects can be found in the Appendix section D.  8  III.Community Outreach and Education  An important part of this management plan is community outreach and education. Most  weed species can be eradicated before they become established if detected early on. It is  imperative that the public is able to identify weed species in addition to the necessity of  responding rapidly to weed infestations. Both local events, volunteer utilization, and any  related communication about them will be required for achieving these goals.  A.Events  Events will be orchestrated and directed through the Open Space department.  Details for past and future events can be found in the Appendix section F.  IV.Appendices  A.Baseline Weed Map (2017)  B.Weed Survey Maps and Tables  C.Weed Treatment Maps  D.Community Outreach and Event Details  E.Special Projects  F.Events and Outreach     9  Appendix A:Baseline Weed Map (2017)  10    Appendix B:Weed Survey Maps and Tables  11  32 EXHIBIT G Water Rights DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 Exhibit G Description of Water Rights The following Water Rights were transferred as set forth in Special Warranty Deed recorded at Reception No.202011760 STRUCTURE /WATER RIGHT Total Absolute Appropriation Date Adjudication Date Diversion Owned by Ridgway Conveyed to Eagle County Total Owned by Eagle County Year Mont h Da y Year Month Day McKenzie Ditch Priority No.55 3.000 cfs 1.200 cfs 1.200 cfs 3.000 cfs 1887 05 15 1889 12 17 Priority No.455OO 3.250 cfs 1.300 cfs 1.300 cfs 1.300 cfs 1923 9 1 1936 10 3 Hollingsworth Potter Ditch Priority No.149 1.000 cfs 1.000 cfs 1.000 cfs 1.000 cfs 1889 4 13 1901 3 5 Priority No.184 2.000 cfs 0.400 cfs 0.400 cfs 2.000 cfs 1898 12 31 1901 3 5 Priority No.455NN 6.34 cfs 2.940 cfs 2.940 cfs 2.940 cfs 1923 9 1 1936 10 3 Hollingsworth Potter No.2 Ditch Priority No.185 2.000 cfs 0.400 cfs 0.400 cfs 2.000 cfs 1899 3 30 1901 3 5 Total 17.590 cfs 7.240 cfs 7.240 cfs 12.240 cfs 33 EXHIBIT H Brush Creek Watershed Management Plan DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 34 EXHIBIT I List of Landlord Equipment DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 Exhibit I.County Equipment available for use by lessee 1.John Deere –Round Bailer 2.Lincoln Arc Welder Trailer 3.300 GM Kuhn rake 4.2011 John Deere 956 Mower 5.V-Ditcher 6.John Deere 2640 Tractor 7.Tiger Line Car Hauler Trailer 8.John Deere 4255 Tractor and Rhino Rear blade 9.Tiger Line Car Hauler Trailer 10.John Deere 4255 Tractor and Rhino Rear blade 11.John Deere 4320 12.Dause post hole auger 13.JD brush hog 14.12’drag harrow 15.Black frame utility trailer 35 EXHIBIT J Tenant’s Insurance Certificates DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/20/2023 (970) 328-2324 23043 Gerard Brothers Ranch, llc Heather Gerard Daggett Lane Gypsum, CO A 1,000,000 X FMS60656064 3/26/2023 3/26/2024 100,000 Farm Liability 5,000 2,000,000 2,000,000 Eagle County PO Box 850 Eagle, CO 81631 GERABRO-01 PATTY Hood Insurance Agency PO Box 4509 Eagle, CO 81631 Liberty Mutual Insurance X X X DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4 FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. Hood Insurance Agency GERABRO-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance SEE P 1 Gerard Brothers Ranch, llc Heather Gerard Daggett Lane Gypsum, CO SEE PAGE 1 PATTY 1 Additional Insured Commercial General Liability coverage includes Eagle County, it officials, directors, officers, employees, agents and volunteers as additional insureds with respect to the occupancy, use and management of the property located at 4626 Brush Crek Road, Eagle Colorado 81631. Coverage is primary and Non-Contributory. Waiver of Subrogation in Favor of Eagle County DocuSign Envelope ID: EC3852CC-7D93-48E3-A02F-AFB4DF71EFC4