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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
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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.
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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
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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
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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,
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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.
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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
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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.
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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.
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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.
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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
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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
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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.
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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
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• 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.
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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
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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.
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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:
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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
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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
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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).
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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
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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
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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).
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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
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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
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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
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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
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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
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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
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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
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ekBLM !CHardscrabble Rd#*
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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
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Close this segement of Old Salt CreekRoad to motor vehicles & closeexisting trailhead
T r a i l ET
r
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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
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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¤tPageId=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
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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
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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
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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
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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
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●$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
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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.
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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
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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.
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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.
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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.
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●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.
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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).
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●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
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●2020 Town of Eagle Strategic Plan
●2020 Town of Eagle Water Efficiency and Conservation Plan
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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
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●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
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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.
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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
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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
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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
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●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
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○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
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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
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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
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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
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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
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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
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●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
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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
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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
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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