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HomeMy WebLinkAboutR12-126 Approving Documents for Nottingham Red Dirt Property Purchase Commissioner /// moved adoption of the following resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2012- if RESOLUTION APPROVING DOCUMENTS ASSOCIATED WITH THE PURCHASE AND CONSERVATION OF THE NOTTINGHAM RED DIRT PROPERTY LOCATED IN EAGLE COUNTY, COLORADO AND AUTHORIZING ANY OF THE EAGLE COUNTY COMMISSIONERS TO EXECUTE ALL DOCUMENTS NECESSARY FOR THE ACQUISITION AND PRESERVATION OF THE PROPERTY WHEREAS, on July 17, 2012 the Board of County Commissioners of Eagle County, Colorado ( "Board ") approved the purchase of the Nottingham Red Dirt property, representing approximately 228 acres of land in Eagle County, Colorado (hereinafter "Property "); and WHEREAS, the Board desires to fund the purchase the Property and enter into a conservation easement that will be conveyed to Colorado Open Lands to permanently preserve the Property; and WHEREAS, Colorado Open Lands and County will approve a present conditions report and the parties will also approve a management plan for operation and management of the Property; and WHEREAS, the State Board of the Great Outdoors Colorado Trust Fund has agreed to contribute significant grant funds towards the purchase and conservation of the Property; and WHEREAS, the Board wishes to approve the form of conservation easement and ensure that any of the County Commissioners has the authority to execute all documents associated with the preservation of the Property and other related documents. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board authorizes any Commissioner to execute on its behalf any and all necessary documents, instruments, papers or other forms necessary to acquire, permanently preserve and conserve the Property at such time as all closing and grant conditions are satisfied. Such Documents will be executed in a foim substantially similar to the attachments and may include the following documents: 1. Form of Conservation Easement between Eagle County and Colorado Open Lands attached hereto as Exhibit A. 2. Present Conditions Report attached hereto as Exhibit B. 3. Management Plan dated October, 2012 attached hereto as Exhibit C. 4. Any other necessary documents which in the opinion of staff are required or desirable. THAT, the Board of County Commissioners finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held this /f day ofaC, 2012. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: F� / . a a / b!' � Wes. B „ \ y . Clerk to the Board of `A� j Pete F. Runyon County Commissioners " V ai .n 1 ror » ..111 WAA116. Jon Itavn-y Com , is oner Sara J. Fisher Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Runyon Commissioner Stavney / Commissioner Fisher tr This resolution passed by ♦ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. DEED OF CONSERVATION EASEMENT RED DIRT PROPERTY NOTICE: THIS PROPERTY INTEREST HAS BEEN ACQUIRED IN PART WITH GRANT # 12611 ( "GRANT ") FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND ( "BOARD "). THIS DEED OF CONSERVATION EASEMENT CONTAINS RESTRICTIONS ON THE USE AND DEVELOPMENT OF THE PROPERTY WHICH ARE INTENDED TO PROTECT ITS OPEN SPACE AND OTHER CONSERVATION VALUES. THE BOARD HAS FOUND THAT THIS DEED OF CONSERVATION EASEMENT PROVIDES BENEFITS THAT ARE IN THE PUBLIC INTEREST. Any time the Property or a permitted portion thereof is transferred by Grantor to any third party, Grantor shall pay a fee of'/ of 1% of the sale price to Grantee and notify Grantee pursuant to the requirements of Section 13 of this Deed. THIS DEED OF CONSERVATION EASEMENT ( "Deed ") is granted on this day of December, 2012, by THE COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS, whose address is P.O. Box 850, 500 Broadway, Eagle, Colorado 81631 ( "Grantor ") to COLORADO OPEN LANDS, a Colorado non- profit corporation, whose address is 274 Union Boulevard, Suite 320, Lakewood, Colorado 80228 ( "Grantee ") (each individually a "Party" and collectively the "Parties "). The following exhibits are attached hereto and are incorporated by reference: Exhibit A: Legal Description Exhibit A -1: Map and Description of Agricultural Improvements Building Envelope Exhibit A -2: Map and Description of Recreational Access Envelope Exhibit B: Map Exhibit C: Water Rights Exhibit D: Sample Notice of Transfer of Property RECITALS: A. Description of Property. Grantor is the owner of the fee simple interest in the subject Property legally described in Exhibit A and depicted in Exhibit B, consisting of approximately 228 acres of land, together with existing improvements (as further described in Section 4, Property Improvements, of this Deed) and water rights owned by Grantor associated with or appurtenant to the Property as described in Exhibit C and located in Eagle County, State of Colorado (the "Property "). B. Qualified Organization. Grantee is a "qualified organization," as defined in §170(h)(3) of the Internal Revenue Code (I.R.C.) and Treasury Regulation §1.170A -14(c) and is a charitable organization as required under §38 -30.5 -104 (2) of the Colorado Revised Statutes (C.R.S.). ... /8b Page 1 )(Li,i -, C. Conservation Purposes. Pursuant to I.R.C. § 170(h)(4)(A) and Treasury Regulation § 1.170A- 14(d), the conservation purposes of a qualified conservation contribution must include one or more of the following: (1) to preserve land for outdoor recreation by or education of the general public; (2) to protect relatively natural habitat of fish, wildlife or plants; (3) to preserve open space; and (4) to preserve historically important land or structures. The Property is rural and relatively remote, lying in the rugged upper Colorado River drainage of the Southern Rocky Mountains Physiographic Province. The Property lies approximately ten direct miles north -by- northwest of Gypsum, Colorado, and about 16 road miles from Interstate 70 at Dotsero, Colorado. The Property is one of the larger acreages in single ownership in the Colorado River corridor between Dotsero and Burns, Colorado. An approximately 1.7 mile reach of the Colorado River fronts the Property on the east and Red Dirt Creek and an unnamed stream, both Colorado River tributaries, flow across the Property. The Property is located along the right bank of the Colorado River, and west of Colorado River Road, also known as County Road 301 (except for a small portion that lies east of the Colorado River Road in Section 7, T3 S, R85W ). The surrounding area consists of very similar forested and undeveloped terrain (mostly public lands administered by the U.S. Bureau of Land Management), with some private residential development on the east side of the Colorado River along Colorado River Road. The White River National Forest boundary lies about 1.5 miles north- northwest of the Property. The Property is accessed from an unpaved road off of the Colorado River Road. This road also provides access to public lands west and north of the Property. The Property is unoccupied and mostly undeveloped, and is currently used for limited agricultural purposes (primarily livestock grazing) and incidental river recreation (by boaters floating the Colorado River). Improvements on the Property include limited fencing, improved and unpaved roads, an overhead power line, and the Wilson and Doll Ditch and associated irrigation infrastructure. The Union Pacific rail road line crosses the northern and southern parts of the Property. Several dilapidated log structures are present in the west - central part of the Property in an old homestead area. The conservation purposes of this Easement ( "Conservation Purposes ") are as follows: Cl. Relatively Natural Habitat [§ 1.170A- 14(d)(3)]. The Property contains river frontage and associated forested riparian corridor, upland native woodlands and shrublands and an irrigated pasture that provide forage, cover, breeding grounds and migration corridors for a variety of wildlife species, including mule deer, elk, bear, mountain lion and peregrine falcon. Protecting the Property's native woodlands, and areas of riparian character provide important relatively natural habitat and habitat linkages for wildlife in the area including several species recognized by the federal or state governments as threatened or of special concern: • Bald Eagle (State Species of Concern). The Property lies within bald eagle winter ... /8b Page 2 range and winter foraging range mapped by Colorado Division of Parks and Wildlife ( "CPW "), and bald eagles are observed regularly on the Property, especially in winter, hunting for fish, rodents and carrion. • American Peregrine Falcon (State Species of Concern). The peregrine falcon was listed as endangered in 1970, and after extensive recovery efforts by state and federal agencies, it was de- listed in 1999. The peregrine's recovery continues to be monitored by the federal government, and the state of Colorado considers it a species of concern. With its abundance of waterfowl, the Property presents excellent hunting habitat for the peregrine falcon. A documented nesting area lies just upstream of the Property on steep bluffs above the Colorado River. • North American River Otter (State Threatened). The river otter is listed as threatened under the Colorado Nongame, Threatened, or Endangered Species Conservation Act. The Property provides suitable feeding and denning habitat for breeding pairs of river otter. The Property lies within CPW mapped range of river otter. • Northern Leopard Frog (State Species of Concern). The Property features excellent breeding habitat for the northern leopard frog in its riparian areas (especially graminoid wetlands). American elk and mule deer, which contribute significantly both economically and to the biodiversity of the region, are common on the Property especially during winter. CPW maps the Property as American elk winter range and severe winter range. The Property is important to mule deer herds on a year -round basis and lies within CPW- mapped mule deer summer, winter range and severe winter range. The CPW also identifies the winter range on the Property as critical winter range. Critical winter range areas are those parts of mule deer winter range that CPW considers of highest priority for protection from disturbance of development. For this reason, preservation of the Property's habitat value is important to sustaining local mule deer herds. Other big game that may occur on the Property are moose and bighorn sheep. The Property lies within the overall range of moose mapped by CPW. Bighorn sheep overall range is mapped on the Property by CPW and a CPW- mapped bighorn sheep winter concentration area lies just east and northeast of the Property. Mountain lion can be expected to be on the Property occasionally, and black bear are most likely to be present on the Property during fall. The Property also provides habitat or habitat linkages for small animals with large home ranges including songbirds whose populations are declining in all or parts of their ranges. Raptors such as golden eagle, red - tailed hawk, rough- legged hawk, northern harrier, great horned owl, and American kestrel hunt for abundant small prey in the area. Great blue herons find good foraging habitat for fish and amphibians on the Property's riparian corridor. .../8b Page 3 Amphibians such as Woodhouse's toad, chorus frog, and tiger salamander likely inhabit the Property's riparian areas. Small mammals such as coyote, fox, bobcat, beaver, badger, striped skunk, raccoon, cottontail, ringtail, porcupine, long- tailed weasel, chipmunks, squirrels, mice, voles, shrews, western terrestrial garter snake, bull snake, smooth green snake and sage brush lizard are known or expected to inhabit or visit the Property. C2. Open Space [§ 1.170A- 14(d)(4)]. The Property qualifies as Open Space because it is being preserved for the scenic enjoyment of the general public and pursuant to a clearly delineated federal, state or local governmental conservation policies, and its protection will yield a significant public benefit. C3. Scenic Enjoyment. The Property's aesthetically - pleasing and harmonious array of shapes and textures, created its wooded uplands, cliff and canyon geological features, and forested riparian corridor and riverfront, provides scenic enjoyment to the general public and contributes to the openness and variety of the overall landscape in the region. The Property is visually accessible to the public from surrounding and adjoining public lands administered by the Bureau of Land Management, to people recreating on the Colorado River, and to people traveling on Colorado River Road and Red Dirt Creek Road or on passenger trains on the rail line that traverses near the Property and crosses the south part of the Property. An estimated 30,000 tourists view the Property annually from Amtrak's California Zephyr line. Preservation of the Property will continue to provide an opportunity for the general public to appreciate its scenic values, especially the scenic greenway created by the Property's Colorado River corridor. The terms of this Deed do not permit a degree of intrusion or future development that would interfere with the essential scenic quality of the land. C4. Significant Public Benefit. There is a foreseeable trend of population growth and development near the Property. The Colorado State Demographer predicts that the population of Eagle County will double over the next 20 to 25 years. Eagle County encompasses the popular ski resorts of Vail and Beaver Creek, as well as a string of growing communities on the Interstate 70 corridor including Gypsum, Eagle and Avon. The Property lies 12 miles north -by- northwest of the Town of Gypsum and approximately 14 miles northwest of the Town of Eagle. Development of private properties in these towns has accelerated in recent years. A 2004 study by the Northwest Colorado Council of Governments indicated that 64 percent of Eagle County's economy was dependent on second homes. The Property's proximity to the Interstate 70 corridor and world -class ski areas, and its position as a large in- holding surrounded by scenic public lands make it an attractive development prospect for the second home market. Without protection, the likelihood of development of the Property which compromises the scenic rural character of the vicinity is high. C5. Recreation or Education [§ 1.170A- 14(d)(2)]. The Property abuts approximately 1.7 miles of the Colorado River which receives regular and substantial float use by the general public for rafting and fishing recreational purposes. This Deed accommodates .../8b Page 4 additional public use, including but not limited to, provisions specifically allowing public parking and river access, as well as primitive riverside camp sites. The Conservation Purposes set forth in this Recital C shall hereafter be referred to as the "Conservation Values." These Conservation Values are of great importance to the Parties, the residents of Eagle County, and the State of Colorado. D. State Policy Concerning Conservation Easements. The voters of the State of Colorado by adoption of Article XXVII to the Constitution of the State of Colorado, the legislature of the State of Colorado by adoption of enabling legislation, and the Board, by adopting and administering competitive grants application and rigorous due diligence review processes, have established that it is the policy of the State of Colorado and its people to preserve, protect, enhance and manage the state's wildlife, park, river, trail and open space heritage, to protect critical wildlife habitats through the acquisition of lands, leases or easements, and to acquire and manage unique open space and natural areas of statewide significance. The Board has approved funding for a portion of the value of this easement following a careful review of the Property and its conservation values. • C.R.S. § 33 -1 -101, provides in relevant part that "it is the policy of the state of Colorado that the wildlife and their environment are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and its visitors." • C.R.S. § 38- 30.5 -102, provides for the creation of conservation easements to maintain land "in a natural, scenic, or open condition, or for wildlife habitat, or for agricultural, horticultural, wetlands, recreational, forest or other use or condition consistent with the protection of open land . . ." E. Other Supporting Government Policy. There is a strong desire on the part of the public for responsible growth that provides for the perpetuation of the scenic rural character and wildlife habitat of the region. This desire is reflected by governmental policy at the federal, state and local levels. The Western Governors' Association Policy Resolution 08 -21 supports "voluntary incentive - based methods for preserving open space, maintaining land and water for agricultural and timber production, wildlife and other values." Locally, the establishment of a conservation easement on the Property is consistent with the following goals of the Eagle County Comprehensive Plan (2005): • Goal: The impacts of development in Eagle County are carefully monitored, and future development occurs in a manner that preserves a high quality of life, a diverse and sustainable economy, the area's scenic beauty, a healthy natural environment and a vibrant, well designed community (3.2). • Goal: Eagle County's infrastructure and community services support all present .../8b Page 5 and future community needs and encourage efficient travel, healthy lifestyles, a stable economy and the preservation of environmental quality (3.5). • Goal: Preserve and /or enhance the quality of wildlife habitat, and the vitality of wildlife populations in Eagle County (3.7). • Goal: Development in Eagle County avoids or fully mitigates impacts to sensitive lands. Open space is preserved to the greatest degree possible, and scenic quality and cultural resources are protected (3.8). The establishment of a conservation easement on the Property is consistent with the policies and strategies set forth in the Eagle County Comprehensive Plan (2005), including the following: • The integrity, quality and interconnected nature of critical wildlife habitat in Eagle County should be preserved (3.7.2.a). • The well -being of wildlife species of less economic importance and those on the rare and endangered species list should be actively monitored and protected (3.7.2.c). • Development in areas critical to the continued well -being of Eagle County's wildlife populations should not be allowed (3.7.3.d). • Development and development patterns should preserve landscapes that include visual, historic, and archeological value (3.8.3.c). • A variety of approaches should be utilized to preserve land as open space (3.8.4.e), which may include conservation easements. • Open space should be able to serve different needs in different applications (3.8.4.0. • Appropriate access should be provided to public lands and rivers (3.8.4.g). F. Documentation of Present Conditions. Pursuant to Treasury Regulation § 1.170A- 14(g)(5) and in order to document the condition of the Property as of the date of this Deed, a report has been prepared by Rare Earth Science and dated October, 2012 ( "Present Conditions Report"). The Present Conditions Report documents the Conservation Values and the characteristics, current use, and status of improvements on and development of the Property. The Present Conditions Report has been provided to the Parties and is acknowledged by the Parties as an accurate representation of the Property at the time of the conveyance. The Present Conditions Report will be used by Grantee to assure that any future changes in the use of the Property will be consistent with the terms of this Deed. However, the Present Conditions Report is not intended to preclude the use of other evidence to establish the condition of the Property as of the date of this Deed. ... /8b Page 6 G. Conservation Easement. This Deed creates a perpetual conservation easement in gross, as defined by C.R.S. §38- 30.5 -102 and §38- 30.5 -103 and of the nature and character described in this Deed ( "Easement "). ACKNOWLEDGEMENT OF PURPOSE AND INTENT As a guide to the interpretation of this Deed and administration of this Easement, the Parties, for themselves, and for their successors and assigns, expressly declare their agreement and dedication to the following purpose and intent: I. Purpose. The purpose of this Easement is to preserve and protect the Conservation Values in perpetuity in accordance with I.R.C. §170(h), Treasury Regulation §1.170A -14, and C.R.S. §38- 30.5 -101 et. seq. ( "Purpose "). II. Intent. The intent of the Parties is to permit acts on and uses of the Property that are consistent with the Purpose and to restrict or prohibit acts on and uses of the Property that are not consistent with the Purpose ( "Intent "). In this Deed, "consistent with the Purpose" shall mean acts on and uses of the Property that have a positive impact, neutral impact, or no impact on the Conservation Values as determined by Grantee in its reasonable discretion. Nothing in this Deed is intended to compel a specific act or use of the Property other than the preservation and protection of the Conservation Values. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties mutually agree as follows: 1. Conveyance of Easement. Grantor hereby voluntarily grants and conveys this Easement to Grantee, and Grantee hereby voluntarily accepts, without reservation, this immediately vested and perpetual real property interest, along with the rights and obligations created by this Deed, subject to, and without affecting, easements or reservations in the following recorded documents(a) -(f) : (a) United States Patent recorded on April 5, 1923 in Book 93 at Page 87; (b) United States Patent recorded on January 17, 1927 in Book 93 at Page 156; (c) United States Patent recorded on February 17, 1936 in Book 93 at Page 292; (d) Deed recorded on March 17, 1955 in Book 140 at Page 467 at Reception No. 84785; (e) Deed recorded on September 5, 1956 in Book 148 at Page 425 at Reception No. 89085; (f) the Deed recorded on April 15, 1980 in Book 301 at Page 599 at Reception No. 197987; together with right of way for Eagle County Road 301, any rights, interest or easements in favor of the United States, the state of Colorado or the public which exist in and over the bed, banks and waters of the Colorado River, and rights of third parties under Colorado statutory or common law to utilize Red Dirt Road or Poison Creek Road, and to utilize and maintain the Wilson Doll Ditch or to maintain existing Utility Improvements (defined below in Section 4.1.10) ( "Existing Third -Party Easements "). 2. Rights Conveyed to Grantee. To accomplish the Purpose, the following rights are hereby conveyed to Grantee, its employees and its representatives: 2.1 To preserve and protect the Conservation Values; ... /8b Page 7 2.2 To prevent acts on or uses of the Property that are not consistent with the Purpose and, except as limited by this Deed, Grantee may require the restoration of such areas or features of the Property that are damaged by an inconsistent act or use; 2.3 To enter upon the Property in order to monitor Grantor's compliance with the terms of this Deed pursuant to Section 8 (Monitoring) of this Deed, and to enforce the terms of this Deed pursuant to Section 9 (Enforcement) of this Deed; 2.4 To have all Development Rights as defined in Section 14 (Development Rights) of this Deed, except as specifically reserved by Grantor herein; and 2.5 To have all other rights conveyed by this Deed. 3. Rights Retained by Grantor. Grantor retains the right to perform any act on or use of the Property that is not prohibited or restricted by this Deed, provided that such acts or uses are consistent with the Purpose. Grantor retains the right to comply with 42 U.S.C. §§ 12101 et. seq. as applicable and in accordance with the Conservation Values and consistent with the Purpose. 4. Property Improvements. Improvements existing as of the date of this Deed are permitted. All other construction or placement of improvements is prohibited except as provided herein. 4.1 Existing Improvements. At the time of granting this Deed, there are no existing improvements except for several dilapidated cabins, corrals, hay stack -yard, roads, rail road, trails, fences, utilities, ditches and irrigation infrastructure. 4.1.1 Buildings. Several dilapidated cabins (old homestead structures of log construction) (the `Buildings ") are located in the 2.22 acre, more or less, Agricultural Improvements Building Envelope which is described and depicted on the attached Exhibit A -1 . Grantor may remove the Buildings, or maintain, repair and restore the Buildings in their current location. In no event shall the total combined footprint for all of the Buildings located within the Agricultural Improvements Building Envelope exceed a total of one thousand five hundred (1500) square feet. No other construction, placement, replacement, or enlargement of the Buildings is permitted unless Grantee determines the proposed construction is consistent with the Purpose pursuant to Section 21 (Grantee's Approval) of this Deed. All such construction is subject to the limitations set forth in Section 4.1.1.1. 4.1.1.1 The Buildings shall only be used for storage or daytime non - residential uses. Any restoration shall be done in a manner which preserves, to the extent possible, the rustic nature of the Buildings. Such Buildings shall not exceed 35 feet in height as defined in the Eagle County Land Use Regulations. ... /8b Page 8 4.1.2 Agricultural Improvements and Limitation. Grantor may but shall not be required to construct, place, replace, maintain or enlarge corrals, pens, cisterns, stock tanks, troughs, and fenced hay stack yard, feeding troughs and livestock feeding stations ( "Agricultural Improvements ") in the Agricultural Improvements Building Envelope. 4.1.3 Roads. For purposes of this Deed, Improved Roads shall be defined as any road, driveway or parking area that is graded, drained or which may have a surface other than the natural earthen material ( "Improved Roads ") and Unimproved Roads shall be defined as any track greater than three (3) feet wide where natural earthen material is the driving surface ( "Unimproved Roads "). Improved Roads are depicted on Exhibit B. 4.1.3.1 Improved Roads. Colorado River Road (aka County Road 301), a paved road, crosses the north part of the Property. Red Dirt Creek Road, which traverses the north part of the Property, and connects with Colorado River Road, provides the main access to the Property and public access to BLM lands to the west. Steep cliffs above an approximately 700 -foot segment of this road present a rock fall hazard in the area generally depicted on Exhibit B. Poison Creek Road, a ranch access road off of Red Dirt Creek Road, leads south and west to the Buildings and adjacent BLM lands. No additional Improved Roads shall be constructed or established on the Property unless Grantee determines that the proposed road is consistent with the Purpose, pursuant to Section 21 (Grantee's Approval) of this Deed. 4.1.3.2 Grantor reserves the right, but not the obligation, to construct, place, replace, enlarge, maintain, repair and remove all or portions of Colorado River Road (aka County Road 301) on the Property. Paving of Colorado River Road may occur with concrete, asphalt, or other impermeable material, as determined by Grantor in its reasonable discretion. Any expansion of Colorado River Road on the Property shall be only as physically or legally necessary as determined by Grantor in its reasonable discretion. 4.1.3.3 Grantor reserves the right, but not the obligation, to construct, place, replace, enlarge, maintain, repair and remove all or portions of Red Dirt Creek Road. Paving of Red Dirt Creek Road may occur with gravel or road base type materials. Any expansion of Red Dirt Creek Road shall be only as physically or legally necessary as determined by Grantor in its reasonable discretion. 4.1.3.4 Grantor reserves the right, but not the obligation, to construct, place, replace, enlarge, maintain, repair and remove all or portions of Poison Creek Road. Paving of Poison Creek Road may only occur .../8b Page 9 with gravel or other natural materials. Any expansion of Poison Creek Road shall only be as physically or legally necessary as determined by Grantor in its reasonable discretion. Grantor may gate Poison Creek Road. 4.1.3.5 The permitted Improved Roads may be replaced, relocated, enlarged, maintained, repaired and removed provided that any abandoned Improved Road shall be promptly vegetated and restored to a condition that is consistent with the Purpose, as determined pursuant to Section 21 (Grantee's Approval) of this Deed. Grantor shall have the right, but not the obligation, to install drainage, drainage structures, erosion control measures, perform grading and resurfacing. Grantor shall have the right, but not the obligation to blast or install safety or rock fall mitigation improvements such as wire nets to the steep cliffs in the rock fall area generally depicted on Exhibit B. 4.1.3.6 Unimproved Roads. Faint roads or old road tracks are located on the Property. No additional Unimproved Roads shall be constructed or established on the Property unless Grantee determines the proposed Unimproved Road(s) are consistent with the Purpose pursuant to Section 21 (Grantee's Approval) of this Deed. No Unimproved Road shall be altered to become an Improved Road unless Grantee determines that the proposed alteration is consistent with the Purpose pursuant to Section 21 (Grantee's Approval) of this Deed. Nothing contained herein shall prevent Grantor from grading and maintaining such Unimproved Roads through the installation or maintenance, repair or replacement of erosion control measures and drainage improvements. Grantor shall have the right, but not the obligation, to install such erosion control measures, drainage structures and improvements to ensure the safety and continued use of Unimproved Roads as it determines in its reasonable discretion. 4.1.4 Recreational Access Envelope. Grantor has designated a 2.75 acre, more or less, "Recreational Access Envelope" which is described and depicted on the attached Exhibit A -2. With the prior approval of Grantee pursuant to Section 21. (Grantee's Approval) of this Deed, Grantor may (but does not have the obligation) to: (a) develop a parking area ( "Parking Area ") not greater than two (2) acres in size within the Recreational Access Envelope, which Grantor may grade or surface with gravel or similar road base type material, install drainage, erosion control measures or other improvements necessary for the safe operation of the Parking Area; and (b) construct interpretive and directional signage, post and rail or other wildlife friendly fencing, picnic tables a vault restroom, and a boat launch (which boat launch may be constructed of asphalt, concrete or other impervious material). .../8b Page 10 4.1.5 Camping Sites. With the prior approval of Grantee pursuant to Section 21 (Grantee's Approval) of this Deed, Grantor may, but shall not be obligated to construct, install, improve, maintain, repair, relocate and remove up to five (5) primitive campsites (each a "Camp Site ") along the Colorado River in the area designated as the "Camp Site Envelope "). The Camp Site Envelope is depicted on Exhibit B. Grantor may clear brush, cut limbs and timber, create primitive dirt paths to connect each Camp Site to the Colorado River and install fire pits, grates, tent platforms, picnic shelters, wildlife proof food containers, picnic tables, benches, portable toilets or vault toilets and signage within each Camp Site. 4.1.6 Trails. With the prior approval of Grantee pursuant to Section 21 (Grantee's Approval) of this Deed, Grantor may, but shall not be obligated to, develop and maintain non - motorized dirt trails and foot paths on the Property. The surface of any trails shall be dirt, gravel, rock, or other natural surface. 4.1.7 Fences. Grantor may repair, remove or replace existing fences. Grantor may construct new fences anywhere on the Property, provided that the location and design of said fences are consistent with the Purpose determined pursuant to Section 21 (Grantee's Approval) of this Deed, and provided that except within the Building Envelopes fencing shall be constructed in a manner that is consistent with Colorado Division of Parks and Wildlife recommendations to permit the movement of wildlife across the Property. 4.1.8 Signs. Existing signs may be maintained, removed, repaired or replaced with signs of similar character and size in their current location. New signs may be placed and maintained on the Property provided that the number and size of the new signs are consistent with the Purpose. Appropriate and customary regulatory, directional and interpretive open space signs are permitted. Signs announcing to the public the status of ownership are permitted. No commercial signs, billboards, awnings, or advertisements shall be displayed or placed on the Property. Grantor shall erect one or more signs visible from the nearest public roadway, or from an alternative location approved by the Grantee and the Board, identifying the Grantee's role and the Board's Grant and investment in this Property to the public. 4.1.9 Water Improvements - Irrigation Infrastructure and Ditches. The Parties acknowledge the existence of certain water improvements including an irrigation ditch and laterals on the Property which are both open and piped. The general location of the irrigation ditch is depicted on Exhibit B, which ditch may be subject to Existing Third -Party Easements. Grantor may permit the installation, enlargement, replacement, maintenance, repair or removal of stock tanks, cisterns, pipes, tarp dams, head gates, flumes, pumps and wells, as well as machinery, sprinklers, and generators as necessary to irrigate portions of the Property. The construction of new water improvements, excluding ponds and reservoirs, is permitted provided that such activity is ... /8b Page 11 consistent with the Purpose. To the extent Grantor has the right, any portion of the Property that is disturbed by maintenance, repair, construction or enlargement of water improvements shall be restored to a condition that is consistent with the Purpose promptly after said activity is completed. Disturbances by Existing Third -Party Easement holders shall be governed by the terms of the Third -Party Easements or statutory or common law rights and obligations. 4.1.10 Utility Improvements. rovements. Existing utility improvements on the Property include: (i) electric power poles, transformers, and lines; (ii) telephone and communications towers, poles, lines, and fiber optic lines within the rail road right of way or to serve adjacent property; (iii) domestic communications towers, poles, and buried lines in County Road 301 right -of -way or to serve adjacent property ( "Utility Improvements ") may be repaired or replaced with an improvement of similar size and type at their current locations on the Property without further permission from Grantee. Grantor reserves the right to locate underground utilities (water, sewer, gas, electric) to the Recreational Access Envelope. Utility Improvements may be enlarged or constructed on the Property so long as they are consistent with the Purpose and are approved by the Grantee pursuant to Section 21 (Grantee's Approval) of this Deed. The construction of renewable energy generating systems including, but not limited to, wind, solar, geothermal or hydroelectric, for uses permitted on the Property is permitted provided that such activity is consistent with the Purpose and is approved by the Grantee pursuant to Section 21 (Grantee's Approval) of this Deed. Limited renewable energy generation systems are permitted for use on the Property primarily for the purpose of allowing Grantor to offset its energy consumption, subject to the restrictions above. Any limited renewable energy generated on the Property in accordance with this Section 4.1.10 that is incidentally in excess of Grantor's consumption may be sold, conveyed, or credited to a provider of retail electric service to the extent permitted by Colorado law. Installation of new Utility Improvements is permitted provided that such Utility Improvement is consistent with the Purpose determined pursuant to Section 21 (Grantee's Approval) of this Deed. Any easement, right of way or other interest granted to a third party by Grantor and to be used for Utility Improvements is subject to Section 6.8 (Easements, Rights of Way or Other Interests) of this Deed. Existing Third Party Easements and related Utility Improvements shall be governed by their terms or applicable statutory or common law. 4.1.11 Repair and Maintenance. Grantor may repair and maintain permitted improvements without further permission of Grantee. 4.1.12 Improvement in Excess of Requirements of Section 4.1.1 through 4.1.10. Improvements in excess of the restrictions in Sections 4.1.1 through 4.1.10 are .../8b Page 12 permitted only if they are consistent with the Purpose and are approved by the Grantee pursuant to Section 21 (Grantee's Approval) of this Deed. 4.1.13 Miscellaneous Improvements. Golf courses, sod farms, helicopter pads, and airstrips are prohibited. Towers are prohibited unless Grantee determines that the proposed tower is consistent with the Purpose, pursuant to Section 21 (Grantee's Approval) of this Deed or as otherwise expressly permitted by this Deed. 5. Resource Management. Grantor recognizes the importance of good resource management and stewardship to preserve and protect the Conservation Values. To this end, the following uses of the Property shall be conducted in accordance with the provisions below. The Parties have prepared a management plan (the "Red Dirt Creek Open Space Management Plan ", dated October, 2012), which addresses management of the public access that is permitted under this Deed; a copy of such plan has been provided to the Board; any future changes to the management plan must be approved by the Parties. If Grantee reasonably believes any resource management practice(s) are not consistent with the Purpose, Grantee, in addition to all of its rights under this Deed, may request that the Parties consult with a mutually acceptable resource management professional to provide written recommendations for said resource management practice(s). Grantor and Grantee will jointly consider and determine whether the recommendations are consistent with the Purpose. The cost of this consultation shall be borne by Grantor, provided that Grantor is informed of and approves the cost before the resource management professional is retained. 5.1 Agriculture. All agricultural uses shall be conducted using stewardship and management methods that preserve the natural resources upon which agriculture is based. Long term stewardship and management goals include preserving soil productivity, maintaining natural stream channels, preventing soil erosion, minimizing invasive species, avoiding unsustainable livestock grazing practices, and minimizing loss of vegetative cover. Grantor shall have the right but not the obligation to cut hay and graze livestock on portions of the Property and to lease portions of the Property for agricultural purposes consistent with the Purpose and this Deed. Grantor may cease all agricultural acts and uses of the Property. In the event that agricultural acts or uses are no longer practiced on the Property, either Party may request that the Parties develop a mutually acceptable plan to ensure appropriate land cover that is consistent with the Purpose. The expense of developing and implementing said plan shall be borne by Grantor. 5.2 Timber. On a limited and localized basis, trees may be cut to control insects and disease, to control invasive non - native species, to prevent personal injury and property damage, and for permitted uses on the Property such as firewood and construction of permitted improvements. Tree thinning activities are permitted to maintain the character and nature of the wildlife habitat. Other timber harvesting ... /8b Page 13 activities may be conducted provided that Grantee determines that said activities are consistent with the Purpose, pursuant to Section 21 (Grantee's Approval) of this Deed. 5.3 Relatively Natural Habitat. Habitat management activities that have the potential to negatively impact the Conservation Values such as chaining juniper or sagebrush, constructing or altering ponds, wetlands, or stream channels, and conducting controlled burns may be permitted provided that Grantee determines that said management activities are consistent with the Purpose, pursuant to Section 21 (Grantee's Approval) of this Deed. Reforesting or re- vegetation of the Property is permitted so long as such activities are consistent with the Purpose. 5.4 Minerals and Other Deposits. As of the date of this Deed, Grantor does not own all of the mineral rights located on, under, or in the Property or otherwise associated with the Property. One or more third parties may have the right to explore for, develop, mine, extract or remove said minerals. For this reason, a minerals assessment report has been completed by Rare Earth Science dated July 17, 2012, in compliance with I.R.C. § 170(h)(5)(B)(ii) and Treasury Regulation § 1.170A- 14(g)(4). The report concludes that, as of the date of this Deed, the probability of extraction or removal of minerals from the Property by any surface mining method is so remote as to be negligible. Grantor's current and future ownership of its mineral rights associated with the Property shall be subject to Existing Third -Party Easements and the following provisions: 5.4.1. Mining. Grantors' exploration, development, mining or other extraction or removal of minerals, including but not limited to coal, oil, gas or hydrocarbons ( "Minerals ") on, under, or in the Property or otherwise associated with the Property by any surface method is prohibited. In addition, Grantor shall not transfer, lease, or otherwise separate any mineral rights from the surface of the Property except as provided herein. Grantor hereby reserves the right to conduct or permit the exploration, development, mining, extraction or removal of Minerals by other than a surface mining method including entering into any Mineral Document (as defined below). 5.4.1.1. For purposes of this Deed, the term "Mineral Document" shall mean any lease, surface use agreement, no- surface occupancy agreement, or any other instrument related to Minerals associated with the Property, and the provisions of which may permit activities that may have a current or future impact on the surface of the Property. 5.4.1.2 Any Mineral Document shall require that Grantor provide notice to Grantee whenever notice is given to Grantor, require the consent of the Grantee for any activity not specifically authorized by the instrument, and give Grantee the right, but not the obligation, to object, appeal and intervene in any action in which Grantor has such rights. ... /8b Page 14 5.4.1.3 Grantor shall not sign any Mineral Document without Grantee approval pursuant to Section 21 (Grantee's Approval) to ensure that said document is consistent with the Purpose and this Section 5.4.1.3. Grantee shall have the right to charge a fee to Grantor for time and costs associated with review of any Mineral Document. 5.4.1.4 All Mineral Documents must: (i) limit the area(s) of disturbance to a specified area(s); (ii) include provisions that ensure that the proposed activities have a limited, localized impact on the Property that is not irremediably destructive of the Conservation Values; and (iii) contain (1) a full description of the activities proposed (2) extent of disturbance, (3) location of facilities, equipment, roadways, pipelines and any other infrastructure, (4) operations restrictions to minimize impacts on the Conservation Values, (5) reclamation measures including and in addition to those required by law, and (6) remedies for damages to the Conservation Values. 5.4.1.5 Any Mineral Document that permits subsurface access to Minerals but prohibits any access to the surface of the Property shall prohibit any disturbance to the subjacent and lateral support of the Property. 5.5 Recreation. Low - impact recreational uses such as wildlife watching, horseback riding, river floating, hiking, cross - country skiing, fishing and primitive camping are permitted, provided they are consistent with the Purpose. 5.6 Weeds. The Parties recognize the potential negative impact of noxious weeds and invasive plant species on the Conservation Values. Grantor shall manage noxious weeds and invasive plant species in a manner consistent with the Purpose but is authorized to use chemical, biological and mechanical methods when managing noxious weeds provided such use is in accordance with applicable laws and regulations and manufacturer's specifications. Grantee has no responsibility for the management of noxious weeds and invasive plant species. 5.7 Water Rights. Pursuant to C.R.S. § 38- 30.5 -102, which authorizes the inclusion of "water rights beneficially used upon the land...owned by Grantor" in a conservation easement, the Property subject to this Easement includes any and all right, title and interest in and to the water rights described in Exhibit C ( "Water Rights "). 5.7.1 Permitted Uses of Water Rights. The Parties agree that the Water Rights g �' ghis are to be used for the preservation and protection of the Conservation Values which preservation and protection includes (i) maintaining their historical beneficial use for agricultural g � purposes on the Property; (iii) converting the Water Rights to another use on the Property which preserves or enhances wildlife or wildlife habitat; (iii) maintaining in- stream flows in the Colorado River; or (iv) for short term supply agreements as permitted by C.R.S. 37 -83 -105 ( "Permitted Water Uses "). ... /8b Page 15 5.7.2 Restrictions on Water Rights. Other than the Permitted Water Uses identified in Section 5.7.1, Grantor shall not transfer, encumber, sell, lease or otherwise separate the Water Rights from the Property without the prior written approval of Grantee, which approval Grantee may withhold if it determines in its sole discretion that the transfer is not consistent with the Purpose of this Easement. Grantor shall not abandon or allow abandonment of the Water Rights by action or inaction. Other than Permitted Water Uses identified in Section 5.7.1, Grantor shall not seek a change of the Water Rights from Permitted Water Uses unless Grantee determines that said change is consistent with the Purpose, pursuant to Section 21 (Grantee's Approval) of this Deed. No change of the point of diversion of the Water Rights shall be submitted for judicial approval unless Grantee determines that the proposed change of point of diversion is consistent with the Purpose, pursuant to Section 21 (Grantee's Approval) of this Deed. Grantor shall not develop any conditional water rights for use on the Property or otherwise undertake any new development of water resources for use on the Property, unless Grantee determines that said action is consistent with the Purpose, pursuant to Section 21 (Grantee's Approval) of this Deed. 5.7.3 Protection of Water Rights. Grantee may request that Grantor report annually to Grantee regarding the nature and extent of Grantor's use of the Water Rights during the prior year, which report need not be in writing. Grantor shall provide Grantee with copies of any reports or correspondence submitted to the State or Division Engineer or Water Commissioner. Grantor shall also provide Grantee with a copy of any written notice or pleadings received by Grantor from any state water official or any other person concerning the possible abandonment of the Water Rights within thirty (30) days of receipt thereof. 5.7.4 Abandonment of Water Rights. If the Water Rights appear on decennial abandonment list, or if Grantee determines that the Water Rights are subject to a threat of abandonment, Grantee shall give Grantor written notice of such threat. Grantor shall also be considered notified if Grantor receives notice from any state water official or any other person concerning the possible abandonment of the Water Rights. Upon notification, the Parties shall work in good faith to develop and implement a mutually acceptable strategy to cure the threat of abandonment. Grantor shall have 90 days from notification to demonstrate action to rebut the presumption of abandonment of the Water Rights. If the Parties cannot reach a mutual agreement, or Grantor has failed to take action to cure the threat of abandonment of the Water Rights within 90 days of notification, Grantee shall, in addition to any other remedies available r n y to Grantee tee under this Deed or by law, have the right to (i) enter upon the Property and undertake any and all actions reasonably necessary to continue the Permitted Water Uses; (ii) seek removal of the Water Rights from the abandonment list; (iii) defend the Water Rights against any other claim of abandonment; (iv) seek to change the Water Rights to another Permitted Water Use; and (v) require Grantor to convey all or part of the Water Rights to Grantee for continued use on the Property, for in- stream flow, or elsewhere consistent with Grantee's mission. Grantor agrees to cooperate in any manner necessary to accomplish Grantee's election. ... /8b Page 16 • 5.8 Motor Vehicles. The use of motorized vehicles is permitted on Colorado River Road (aka County Road 301) and Red Dirt Creek Road. The use of motorized vehicles on Poison Creek Road shall be permitted as set forth in the Red Dirt Creek Management Plan. Grantor, and any other entity Grantor authorizes, or those with Existing Third -Party Easements, which easements or statutory or common law rights allow the use of motorized vehicles, may use motorized vehicles, including without limitation, all- terrain vehicles and ranching, agricultural, equipment and construction vehicles (i) on any other Improved or Unimproved Roads, and (ii) on any portion of the Property that is not a road, provided that such vehicles shall be used only for agricultural purposes and construction and property management purposes, including but not limited to, maintenance of trails, maintenance of Improved or Unimproved Roads, Parking Area, Camp Sites, ditches and water improvements and weed control. Grantor shall have the right to permit motorized access on the Property for emergency purposes. Further, the use of motorized vehicles beyond the uses set forth above may be permitted if Grantee determines that said use is consistent with the Purpose, pursuant to Section 21 (Grantee's Approval) of this Deed. Any portion of the Property that is not an Improved or Unimproved. Road that has been disturbed due to the use of motor vehicles shall be restored to a condition as close to its original condition as reasonably practicable. Disturbances by Existing Third Party Easement holders shall be governed by the terms of the Existing Third Party easements or statutory or common law rights and obligations. 6 Restricted Acts and Uses. 6.1. Subdivision. The Parties agree that the division, partition, subdivision or de facto subdivision of the Property, whether by legal or physical process, into two or more parcels of land or partial or separate interests (including, but not limited to, condominium interests or the partition of undivided interests) is prohibited. At all times the Property shall be owned and conveyed as a single parcel which shall be subject to the provisions of this Deed. Ownership of the single parcel by joint tenancy or tenancy in common is permitted, consistent with Section 25.11 (Joint Obligation) and Section 25.13 (Ownership by Single Entity Consisting of Multiple Parties); provided, however, that Grantor shall not undertake any legal proceeding to partition, subdivide or divide in any manner such undivided interests in the single parcel. 6.2. Surface Disturbance. Subject to Third -Party Easements, any alteration of the surface of the land, including without limitation, the movement, excavation, extraction or removal of soil, sand, gravel, rock, peat or sod, is prohibited, unless such alteration is associated with permitted acts on and uses of the Property and is consistent with the Purpose and Intent. Notwithstanding the foregoing, soil, sand, gravel or rock may be extracted from the Property provided that: (i) such extraction shall be solely for use on the Property for non - commercial purposes (ii) not more than one -half acre of the Property is disturbed at any one time; (ii) such extraction shall have no more than limited, localized impact on the Property; (iii) such extraction shall be associated with permitted acts on and uses of the Property; and (iv) Grantee determines that such extraction is consistent with Purpose and Intent pursuant to Section 21 (Grantee's Approval) of this Deed. Once extraction is complete, Grantor shall promptly restore .../8b Page 17 any disturbed area to a condition consistent with the Purpose and Intent. This Section shall be interpreted in a manner that is consistent with I.R.C. § 170(h) and the Treasury Regulations adopted pursuant thereto. 6.3. Industrial or Commercial Activity. Industrial uses of the Property are prohibited. Commercial uses of the Property that are not consistent with the Purpose are prohibited. 6.4. Feedlot. The establishment or maintenance of a feedlot is prohibited. For purposes of this Deed, "feedlot" is defined as a permanently constructed confined area or facility which is used and maintained continuously and exclusively for purposes of finishing or fattening large numbers of livestock for market. Nothing in this Section shall prevent Grantor from seasonally confining livestock into an area, corral or other facility for warm -up or feeding or calving, or from leasing pasture for the grazing of livestock owned by others. 6.5. Public Access. Public Access to the Property is permitted, subject to terms and conditions, including without limitation, seasonal closures, closure of portions of the Property for agricultural uses, closures during construction and times of emergency, and closures to protect wildlife and wildlife habitat, as Grantor deems appropriate, provided that such access is consistent with the Purpose. Nothing in this Deed shall be construed as requiring Grantor to maintain the Property to any particular standard for the benefit of the public. 6.6. Trash. The dumping or accumulation of any kind of trash, sludge, or refuse on the Property is prohibited, except for farm - related trash and refuse produced on the Property, provided that such dumping or accumulation is consistent with the Purpose. The storage or accumulation of agricultural products and by- products on the Property is permitted provided that such activity is conducted in accordance with all applicable government laws and regulations and is consistent with the Purpose. 6.7. Hazardous Materials. For purposes of this Deed, "Hazardous Materials" shall mean any hazardous substance as defined in §9601(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ( "CERCLA "), "pollutant or contaminant" as defined in §9601(33) of CERCLA, or any hazardous waste as defined in C.R.S. §25 -15- 101(6). 40 C.F.R. § 302.4 provides a non - exhaustive list of over 600 substances that qualify as hazardous substances under CERCLA. The use, treatment, storage, disposal, or release of Hazardous Materials shall only be permitted in accordance with applicable, federal, state and local law and regulations. 6.8. Easements, Rights of Way or Other Interests. Except as expressly set forth in this Deed and subject to Existing Third -Party Easements, the conveyance or modification of an easement, right of way, Mineral Document or other similar interest is prohibited unless Grantee determines that the proposed conveyance or modification is consistent with the Purpose and Intent pursuant to Section 21 (Grantee's Approval) of this Deed. .../8b Page 18 7. Responsibilities of the Parties Not Affected. Other than as specified herein, this Deed is not intended to impose any legal or other responsibility on Grantee, or in any way to affect any existing obligations of Grantor as owner of the Property. The terms of this Deed shall not be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, and earth movement, actions of third parties, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. Notwithstanding the foregoing, the Grantor shall take reasonable efforts to prevent third parties from performing, and shall not knowingly allow third parties to perform, any act on or use of the Property that is inconsistent with the Purpose. Grantor shall continue to be solely responsible for and Grantee shall have no obligation for the upkeep and maintenance of the Property and Grantor understands that nothing in this Deed relieves Grantor of any obligation or restriction on the use of the Property imposed by law. Among other things, this shall apply to: 7.1. Taxes. Grantor is a tax - exempt entity. However, if Grantor or the Property ever become subject to real or personal property taxes or assessments levied against the Property, Grantor shall be solely responsible for payment of all taxes and assessments levied against the Property. If Grantee is ever required to pay any taxes or assessments on its interest in the Property, Grantor will reimburse Grantee for the same. If for any reason Grantor fails to pay any taxes, assessments or similar requisite charges, Grantee may pay such taxes, assessments or similar requisite charges, and may bring an action against Grantor to recover all such taxes, assessments and similar charges plus interest thereon at the rate charged delinquent property taxes by the county treasurer's office in which the Property is located. 7.2. No Liability. Grantee shall not be liable for injury or damages occurring on, or arising from, the Property unless due solely to the gross negligence or intentional acts of the Grantee. The Board shall not be liable for injury or damages occurring on, or arising from, the Property. Liability of Grantor, if any, shall not exceed an amount equal to any limits set forth in the Colorado Governmental Immunity Act existing or as may hereafter be amended, nor confer any rights or benefits on any person or activity not a party to this Agreement. Grantor does not waive or intend to waive the limitations on liability which are provided to it under the Colorado Governmental Immunity Act, C.R.S. § 24 -10 -101 et seq. 8. Monitoring. In order to monitor Grantor's compliance with the terms of this Deed, Grantee shall have the right to enter upon the Property upon reasonable prior notice to Grantor. Said notice need not be in writing. Grantee may engage such experts or consultants that Grantee deems necessary to assist in monitoring, including conducting aerial flyovers of the Property. Such entry shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property. Such monitoring shall be at the expense of Grantee except to the extent provided in Section 9, Enforcement. 9. Enforcement. .../8b Page 19 9.1 General Provisions. Grantee shall have the right to prevent and correct or require correction of violations of the terms of this Deed. If Grantee determines that immediate entry is required to inspect for, prevent, terminate, or mitigate a violation of the terms of this. Deed, Grantee may enter the Property without advance notice. If such entry occurs, Grantee shall notify Grantor within a reasonable time thereafter. If Grantee determines that a violation has occurred, Grantee shall notify Grantor and the Board, of the nature of the alleged violation in writing. Upon receipt of said notice, Grantor shall immediately cease the alleged violation and within thirty (30) days either (i) if necessary, provide a written plan for restoration and remediation of the Property and, once approved by Grantee, restore or remediate the Property in accordance with the plan; or (ii) provide written documentation demonstrating that the activity is permitted and is not a violation. Grantee's acceptance of Grantor's actions under (i) or (ii) above shall be in Grantee's sole discretion, and shall be confirmed by Grantee in writing. If Grantor is unable or unwilling to immediately cease the alleged violation, and comply with (i) or (ii) above, the Parties agree to resolve the dispute through mediation or judicial process. At any point in time, Grantee may take appropriate legal action, including seeking an injunction, to stop the alleged violation. 9.2 Mediation. 9.2.1 Mediation Process. For purposes of this Deed the "Mediation Process" is as described in Section 9.2.1 (a) -(d): (a) Notice of Dispute; Meeting. Upon notice from Grantor or Grantee to the other of an unresolved dispute as to the decision of the Grantee under section 21 (Grantee Approval) or as to matters described in Section 9.1 ( the "Notice of Dispute "), the Parties agree to meet as soon as possible, but in any event within thirty (30) days of the Notice of Dispute (the "Meeting "), to attempt to resolve this dispute; (b) Mediator; Mediation. If a resolution of the dispute cannot be achieved at the Meeting, the Parties agree to meet with a mutually acceptable mediator who has served as a judge in the state of Colorado ( "Mediator "), within thirty (30) days of the Meeting to attempt to resolve the dispute (the "Mediation "); (c) Decision. If the Parties do not reach agreement at the Mediation, then within fifteen (15) days after the Mediation the Mediator shall make a written proposed decision (the "Decision ") as to the dispute between the Parties, including a determination that the proposed Decision is consistent with the Purpose. (d) Costs. The Grantor shall pay all fees and costs for the Mediation Process described in this Section 9.2.1 ( "Costs of Mediation "). The Costs of Mediation are in addition to the Costs of Enforcement, described in Section 9.3, below. /8b Page 20 9.2.2 Within thirty (30) days after the proposed Decision the Parties shall each give notice of consent to or non - consent to the proposed Decision; (i) if the Parties consent to the proposed Decision, then the Decision shall be binding and final and enforceable by judicial proceedings with costs of enforcement allocated as described in Section 9.3.2; (ii) if a Party does not consent to the proposed Decision then it shall pay all costs incurred by the other Party in enforcing or defending the terms of this Deed, including, without limitation, costs and expenses of suit, and attorney's fees, provided that if a court determines that the proposed decision of the Mediator was not consistent with the Purpose, then each Party shall bear its own costs incurred in enforcing or defending the terms of this Deed, including, without limitation, costs and expenses of suit, and attorneys' fees. 9.2.3 The Board shall in no event be required to participate in any mediation or the Mediation Process. 9.3 Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of this Deed against Grantor, including, without limitation, costs and expenses of suit, and attorneys' fees necessitated by Grantor's violation of the terms of this Deed ( "Costs of Enforcement "), shall be borne by Grantor; if the deciding body determines that Grantee has acted in bad faith in seeking to enforce the terms of this Deed, the Parties shall each be responsible for their own costs. The foregoing two sentences are subject to the following: 9.3.1 Any costs of restoration necessitated by Grantor's violation of the terms of this Deed, shall be borne by Grantor. 9.3.2 If an action is brought to enforce the final Decision of the Mediator that was agreed to by the Parties, then the prevailing Party shall be entitled to payment from the non - prevailing Party of its costs incurred in enforcing the terms of the final Decision, including, without limitation, its costs and expenses of suit, and attorneys' fees. 9.4 Grantee's Discretion. Grantee's remedies described in this Section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, includin the right to recover any damages including Y es for loss of Conservation Values g as described in C.R.S. §38- 30.5 -108. The failure of Grantee to discover a violation or to take action shall not waive any of Grantee's rights, claims or interests in pursuing any such action at a later date. 10. Deed Correction. The Parties shall cooperate to correct mutually acknowledged errors in this Deed (and exhibits hereto), including typographical, spelling, or clerical errors. Such correction shall be by recorded written agreement signed by the Parties, and shall be approved by the Board, as provided in Section 12 (Amendment), with all associated costs being apportioned as the Parties may mutually agree. ... /8b Page 21 11. Transfer of Easement. This Easement is transferable by Grantee, provided that (i) the transfer is restricted to an organization that, at the time of the transfer, is a qualified organization under I.R.C. §170(h) and authorized to hold conservation easements under C.R.S. § §38- 30.5 -101, et seq. and C.R.S. §12 -61 -720; (ii) the conservation purposes which the contribution was originally intended to advance continue to be preserved and protected; (iii) the transferee agrees in writing to assume the responsibility imposed on Grantee by this Deed; and (iv) the transferee is approved in writing by the Board in its sole discretion. Grantee shall provide the Board with a written request to assign the Easement at least forty - five (45) days prior to the date proposed for the assignment transaction. Grantee shall notify Grantor in advance of any proposed transfers. If Grantee ever ceases to exist, a court with jurisdiction is authorized to transfer this Easement pursuant to (i), (ii), (iii) and (iv) above. The Board shall have the right to require Grantee to assign its rights and obligations under this Easement to a different organization if Grantee ceases to exist; is unwilling, unable, or unqualified to enforce the terms and provisions of this Easement; or is unwilling or unable to effectively monitor the Property for compliance with this Easement at least once every calendar year. Prior to any assignment under this Section 11, the Board shall consult with Grantee and provide Grantee an opportunity to address the Board's concerns. If the Board's concerns are not addressed to its satisfaction, the Board may require that Grantee assign this Easement to an organization designated by the Board that complies with Section 11 (i), (ii), and (iii) above. If Grantee desires to transfer this Easement to a qualified organization having similar purposes as Grantee, but the Board has refused to approve the transfer, a court with jurisdiction shall transfer this Easement to another qualified organization having similar purposes that agrees to assume the responsibility imposed on Grantee by this Easement, provided that Grantor and the Board shall have adequate notice of and an opportunity to participate in the court proceeding leading to the court's decision on the matter. Upon compliance with the applicable portions of this Section 11, the Parties shall record an instrument completing the assignment in the records of the county in which the Property is located. Assignment of the Easement shall not be construed as affecting the Easement's perpetual duration and shall not affect the Easement's priority against any intervening liens, mortgages, easements, or other encumbrances. 12. Amendment. If circumstances arise under which an amendment to this Deed would be appropriate, Grantor and Grantee may jointly amend this Easement so long as the amendment (a) is consistent with the Conservation Values and Purpose of this Easement, (b) does not affect the perpetual duration of the restrictions contained in this Easement, (c) does not affect the qualifications of this Easement under any applicable laws, (d) complies with Grantee's and the Board's procedures and standards for amendments (as such procedures and standards may be amended from time to time) and (e) receives the Board's prior written approval. Any amendment must be in writing, signed by both parties, and recorded in the records of the Clerk and Recorder of Eagle County, Colorado. In order to preserve the Easement's priority, the Board may require that the Grantee obtain subordinations of any liens, mortgages, easements, or other encumbrances. For the purposes of the Board's ... /8b Page 22 approval under item (e) above, the term "amendment" means any instrument that purports to alter in any way any provision of or exhibit to this Easement. Nothing in this paragraph shall be construed as requiring Grantor, Grantee or the Board to agree to any particular proposed amendment. 13. Transfer of Property. Any time the Property is transferred by Grantor to any third party, Grantor shall notify Grantee in writing within five (5) business days after closing using the form in Exhibit D, and shall include a copy of the new ownership deed. The document of conveyance shall expressly refer to this Deed. Grantor shall pay a fee of '/ of 1% of the purchase price to Grantee as holder of the real property interest represented by this Deed. Such fee shall be used for the purpose of the stewardship and defense of conservation easements held by Grantee or for other purposes consistent with Grantee's mission. This provision is intended to run with the land for perpetuity, and to touch and concern the Property burdened by this Easement by providing Grantee a contribution to enable its stewardship, enforcement, and defense of this Easement. 14. Development Rights. For purposes of this Deed, "Development Rights" are defined as all present or future rights to (i) construct, place, replace, enlarge, maintain or repair any improvements on the Property; or (ii) receive credit for density for development on or off the Property. By this Deed, Grantor conveys to Grantee all Development Rights associated with the Property except those Development Rights specifically reserved by Grantor, which include the right to make improvements to the Property pursuant to Section 4 of this Deed. Therefore, Grantor does not have the right to use or transfer any Development Rights held by Grantee. 15. Condemnation. Grantor shall notify Grantee immediately of any communication or notice received concerning any proposed taking or condemnation affecting the Property, and Grantee shall notify the Board and have the right to participate in any proceedings as a real property interest holder. Grantee may pursue any remedies in law or in equity, including opposition to the condemnation of the Property. If the Property or any part thereof or interest therein is sold or conveyed to a condemning authority under threat of condemnation or taken through condemnation or other involuntary conversion, Grantee shall be entitled to compensation determined as provided in Section 17 (Compensation upon Condemnation, Termination, or Extinguishment) of this Deed. 16. Termination or Extinguishment of Easement. Except as provided in Section 15 (Condemnation) of this Deed, this Easement or any part hereof may only be terminated or extinguished by judicial proceedings in a court of competent jurisdiction. The only ground upon which this Easement can be terminated or extinguished is the total loss of all Conservation Values. If termination or extinguishment occurs, Grantee shall be entitled to compensation determined as provided in Section 17 (Compensation upon Condemnation, Termination, or Extinguishment) of this Deed. 17. Compensation upon Condemnation, Termination, or Extinguishment. ... /8b Page 23 17.1 The Parties acknowledge that an appraisal of the Property has been completed but that the Easement has not been separately appraised. As a result, the Parties have mutually agreed that the value of the Easement is seventy -five percent (75 %) of the full fair market value of the Property unrestricted by this Easement ( "Proportionate Value Percentage "), which percentage shall remain constant. 17.2 If the Property, in whole or in part, is condemned pursuant to Section 15 or if this Easement is terminated or extinguished pursuant to Section 16, Grantee shall be entitled to a share of the proceeds of such action equal to the Proportionate Value Percentage. The Board shall be entitled to receive fifty percent (50 %) of Grantee's compensation. Grantee shall promptly remit the Board's share of these proceeds to the Board. 17.3 Grantee's use of its share of such proceeds shall comply with Treasury Regulation § 1.170A- 14(g)(6). 17.4 Grantee's remedies described in this Section shall be cumulative and shall be in addition to any and all remedies now or hereafter existing at law or in equity, including the right to recover any damages for loss of Conservation Values as described in C.R.S. §38- 30.5 -108. 18. No Merger or Release. If Grantee wishes to acquire fee title to the Property or any additional interest in the Property (such as a leasehold), Grantee must first obtain the written approval of the Board. As a condition of such approval, the Board may require that the Grantee first transfer the Easement to another qualified organization consistent with Section 11 (Transfer of Easement) above. This Easement shall not be released. 19. Perpetual Duration. This Easement shall be a servitude running with the land in perpetuity. The provisions of this Deed that apply to either Party shall also apply to their respective agents, heirs, executors, administrators, assigns, and all other successors as their interests may appear. Notwithstanding the foregoing, each party's rights and obligations under the Easement created by this Deed shall terminate (as to such party, but not as to such party's successor, who shall be bound as provided herein) upon a transfer of the party's entire interest in this Easement or the Property, except that liability of such transferring party for act or omissions occurring prior to such transfer shall survive the transfer. 20. Change of Circumstance. Grantor has considered that restricted acts or uses may become more economically valuable than permitted acts or uses. It is the intent of the Parties that such circumstances shall not justify the termination or extinguishment of this Easement pursuant to Section 16 of this Deed. In addition, the inability to carry on any or all of the permitted acts and uses, or the unprofitability of doing so, shall not impair the validity of this Easement or be considered grounds for its termination or extinguishment pursuant to Section 16 of this Deed. 21. Grantee's Approval. Where Grantee's approval is required by this Deed, Grantor shall notify Grantee in writing not less than sixty (60) calendar days prior to the date Grantor .../8b Page 24 intends to undertake the act or use, with sufficient detail (i.e. location, size, scope, design and nature) to allow Grantee to evaluate in its reasonable discretion the consistency of the proposed act or use with the Purpose. Grantee shall approve or deny Grantor's written request, or notify Grantor of a delay in Grantee's decision, in writing within thirty (30) calendar days of receipt of Grantor's written request. Grantor shall not engage in the proposed act or use until Grantor receives Grantee's approval in writing. In the event of a dispute between the Parties concerning Grantee's Approval pursuant to this Section 21 the Parties agree to engage in mediation as set forth in Section 9.2. 22. Written Notices. Any written notice that either Party is required to give to the other shall be delivered: (i) in person; (ii) via certified mail, with return receipt requested; (iii) via a commercial delivery service that provides proof of delivery; or (iv) via any delivery method mutually agreed to by the Parties, to the following addresses, unless one Party has been notified by the other Party of a change of address or ownership. Grantor: Eagle County Eagle County Director of Open Space P.O. Box 850 500 Broadway Eagle, CO 81631 Phone: (970) 328 -8698 With a copy to: Eagle County Attorney's Office P.O. Box 850 500 Broadway Eagle, CO 81631 Phone: (970) 328 -8685 Grantee: Colorado Open Lands 274 Union Blvd., Suite 320 Lakewood, CO 80228 Phone: (303) 988 -2373 Board: Executive Director State Board of the Great Outdoors Colorado Trust Fund 303 East 17` Ave., Suite 1060 Denver, CO 80203 Phone: (303) 226 -4500 If addresses change, the Parties shall provide updated information to each other in a timely manner. If a notice mailed to either Party at the last address on file is returned as undeliverable, the sending Party shall provide notice by regular mail to the other Party's last known address on file with the tax assessor's office of the county in which the Property lies, and the mailing of such notice shall be deemed compliance with this Section. Notice given to the designated representative of a trust or business entity shall be deemed notice to the trust or business entity, ... /8b Page 25 and notice given to the designated representative of a common or jointly held ownership shall be deemed notice to all owners. 23. Grantor's Representations and Warranties. 23.1 Grantor represents and warrants that Grantor has good and sufficient title to the Property, free from all liens and encumbrances securing monetary obligations except ad valorem property taxes for the current year, Existing Third -Party Easements and other interests of record. 23.2 Grantor represents that upon information and belief and without independent investigation: 23.2.1 At the time of executing this Deed, no Hazardous Materials are currently being generated, treated, stored, used, disposed of, deposited, or transported, in, on, or across the Property, and Grantor is not aware of any underground storage tanks located on the Property; 23.2.2 At the time of executing this Deed, the Property is in compliance with all federal, state, and local laws, regulations, and requirements applicable to the Property and its proposed use as open space; 23.2.3 At the time of executing this Deed, there is no pending or threatened litigation in any way affecting, involving, or relating to the Property of which Grantor is aware; and 23.2.4 At the time of executing this Deed, no civil or criminal proceedings or investigations have been instigated at any time or are now pending, and no notices, claims, demands, or orders have been received, arising out of any violation or alleged violation of, or failure to comply with federal, g an state pY � any state, or local law, regulation, or requirement applicable to the Property or its use of which Grantor is aware. 24. Additional Board Refund. The Board's Grant has provided partial consideration for Grantor's acquisition of fee title to the Property, associated water rights, and /or partial real estate interest in the Property above and beyond this Easement; therefore, any voluntary sale, conveyance, transfer, or other disposal of all or any portion of Grantor's interest in the Property or associated water rights ( "Sale "), excluding any lease of the Property or the water rights to a third party in the ordinary course of using the Property for permitted purposes, shall constitute a material change to the Grant that shall require prior written Board approval and may require a-separate refund to the Board of an amount to compensate the Board for use of the Board's Grant, plus administrative costs (the "Additional Board Refund "), in addition to any payment that the Board may be entitled to receive under Sections 16 and 17 above. ... /8b Page 26 24.1 Amount. The amount of the Additional Board Refund shall be based upon a percentage of Grantor's net proceeds from the Sale (which shall be defined as the fair market value of the property being sold in the Sale, minus direct transaction costs) ( "Net Proceeds "). The Additional Board Refund shall be determined by: a) first dividing the Board's Grant amount by the original purchase price for fee title to the Property; b) then by multiplying the resulting ratio by the Net Proceeds; and c) adding interest figured from the Grant payment date at the Prime Rate listed by the Federal Reserve Bank of Kansas City, Missouri that is most current on the effective date of the Sale. The Board may, in its sole discretion, waive the requirement for payment of interest or reduce the amount of interest due at the time of the Sale. The Additional Board Refund shall be paid to the Board in cash or certified funds on or before the effective date of the Sale. 24.2 Possible Exception to Refund Requirement. If a Sale occurs to a third party which is eligible to receive open space funding from the Board, and the Board has provided written confirmation of the third party's eligibility, Grantor shall not be required to pay the Board an Additional Board Refund, unless the Board determines in its sole discretion that one or more aspects of the Grant have changed that reduce the Grant project's scope from that of the original Grant as approved by the Board. (For example, if the Grantor proposed that the Grant project would include public access to the Property, and the Sale will result in substantially the same amount and type of public access, the Board will deem that a material change in the Grant project's scope has not occurred, and Grantor shall not be required to pay the Board an Additional Board Refund, unless another aspect of the Grant project has changed that reduces the Grant project's scope from that of the original Grant as approved by the Board). 25. General Provisions: 25.1 Severability. If any provision of this Deed, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Deed, or the application of such provision to persons or circumstances other than those as to pp p p which it is found to be invalid, as the case may be, shall not be affected thereby. 25.2 Captions. The captions in this Deed have been inserted solely for convenience of reference and are not a part of this Deed and shall have no effect upon construction or interpretation. 25.3 Waiver of Defenses. Grantor hereby waives any defense of laches, estoppel or prescription and acknowledges and agrees that the one -year statute of limitation provided under C.R.S. § 38 -41 -119 does not apply to this Easement, and Grantor waives any rights of Grantor pursuant to such statute. 25.4 Controlling Law. The provisions of this Deed are subject to the laws of the United States and the State of Colorado as amended (or any successor provision then applicable), and the applicable regulations promulgated thereunder. ... /8b Page 27 25.5 Liberal Construction. The provisions of this Deed are to be liberally construed in favor of the Purpose and any ambiguities or questions regarding the validity of specific provisions shall be interpreted in favor of maintaining the Purpose. Any decisions resolving such ambiguities or questions shall be documented in writing. 25.6 Successors. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. 25.7 Entire Agreement. This Deed sets forth the entire agreement of the Parties with respect to the terms of this Deed and supersedes all prior discussions, negotiations, understandings, or agreements relating to the terms of this Deed, all of which are merged herein. 25.8 Termination of Rights and Obligations. Provided a transfer is permitted by this Easement, a party's rights and obligations under this Easement terminate upon transfer of the party's interest in the Easement or Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. 25.9 Recording. Grantor shall record this Deed in a timely fashion y n in the official records of Eagle County, Colorado, and Grantee may re- record it at any time as may be required to preserve its rights in this Easement. 25.10 No Third Party Beneficiary. This Easement is entered into by and between Grantor and Grantee, and is solely for the benefit of Grantor, Grantee, and the Board and their respective successors and assigns for the purposes set forth herein, and does not create rights or responsibilities in any third parties beyond Grantor, Grantee, and the Board. 25.11 Joint Obligation. The obligations imposed upon the Grantor and Grantee of this Easement shall be joint and several in the event that more than one entity or individual holds either interest at any given time. 25.12 Termination of the Board. In the event that Article XXVII of the Colorado Constitution, which established the Board, is amended or repealed to terminate the Board or merge the Board into another entity, the rights and obligations of the Board hereunder shall be assigned to and assumed by such other entity as provided by law, but in the absence of such direction, by the Colorado Department of Natural Resources or its successor. 25.13 Ownership by Single Entity Consisting of Multiple Parties. If Grantor at any time is an entity which consists of shareholders, partners or members, such Grantor entity is required to include in its operating agreement, bylaws or other documents setting forth the rights and responsibilities of the entity, the right to assess such shareholders, partners or members for any monetary or other obligations set forth in this Deed. ... /8b Page 28 Grantor shall provide a copy of such documentation at any time upon Grantee's request. 25.14 Authority to Execute. Each Party represents to the other that such Party has full power and authority to execute and deliver this Deed, and perform its obligations under this Easement, that the individual executing this Deed on behalf of said Party is fully empowered and authorized to do so, and that this Deed constitutes a valid and legally binding obligation of said Party enforceable against said Party in accordance with its terms. 25.15 Liens on the Property. No provisions of this Deed should be construed as impairing the ability of Grantor to use this Property as collateral for subsequent borrowing. Any mortgage or lien arising from such borrowing is subordinate to this Easement. 25.16 Annual Appropriation. To the extent that any financial obligation of this Deed is subject to the multiple fiscal year obligations as set forth in Article 10 of the Colorado Constitution or C.R.S. § 29 -1 -110, such obligation may be subject to annual appropriation by Grantor. Nothing in this Section 25.16 shall prevent Grantee from enforcing the Deed in accordance with its terms, despite a failure by Grantor to appropriate funds. TO HAVE AND TO HOLD, this Deed of Conservation Easement unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, the Parties, intending to legally bind themselves, have set their hands on the date first written above. ... /8b Page 29 GRANTOR: EAGLE COUNTY, COLORADO By and Through its Board of County Commissioners By: Peter F. Runyon, Chairman STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of December, 2012, by Peter F. Runyon, Chairman of the Board of County Commissioners, Eagle County, Colorado. Witness my hand and official seal. My commission expires: Notary Public ... /8b Page 30 GRANTEE: COLORADO OPEN LANDS, a Colorado non -profit corporation By Daniel E. Pike, President STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) The foregoing instrument was acknowledged before me this day of December, 2012, by Daniel E. Pike as President of Colorado Open Lands, a Colorado non -profit corporation. Witness my hand and official seal. My commission expires: Notary Public • .../8b Page 31 EXHIBIT A Legal Description of the Property Township 3 South, Range 86 West of the 6 P.M. All that part of the following described property lying North and West of the centerline of the Colorado River, to -wit: Section 13: NW1 /4NE1 /4, S1 /2NE1 /4, NE1 /4SE1 /4 and N1 /2SE1 /4SE1 /4 Township 3 South, Range 85 and Range 86 West of the 6 P.M. All that part of the following described property, lying North and West of the centerline of the Colorado River, to -wit: Tract No. 37 in Sections 7 and 18 of Township 3 South, Range 85 West of the 6 P.M., and in Section 13, Township 3 South, Range 86 West of the 6 P.M., according to the Independent Resurvey. (Tract 37 being originally described as Lots 2, 3 and 4, Section 7, Township 3 South, Range 85 West of the 6 P.M. and SE1 /4SE1 /4, Section 12, Township 3 South, Range 86 West of the 6 P.M.) Excepting tracts of land conveyed to the Denver and Salt Lake Western Railroad Company as particularly described in documents recorded in Book 116 at Page 176, Book 116 at Page 198, Book 116 at Page 196, Book 82 at Page 554, Book 116 at Page 210, Book 116 Page bat a e165 g g � g 165, Book 82 at Page 579 and Book 114 at Page 385 of the Eagle County Records. ... /8b Page 32 Engineering Department : ; Eagle County Phone: (970) 328 -3560 P.O. Box 850 FAX: (970) 328 -8789 ° 500 Broadway www.eaglecounty.us - ZAA Eagle, CO 81631 EAGLE COUN1Y EXHIBIT A -1 Agricultural Improvements Buildinf Envelope November 30, 2012 • A description for an Agricultural Improvements Building Envelope for: Eagle County. LEGAL DESCRIPTION That portion of the NW 1/4 - NE 1/4, Section 13, T3S, R85W of the 6th P.M., described as follows: The South 340.00 feet of the North 715.00 feet of the West 285.00 feet of the East 374:00 feet of the Northwest Quarter of the Northeast Quarter of Section 13, Township 3 South, Range 85 West, Eagle County, Colorado. Area = 2.225 acres, more or less. (See Exhibit Map A -1) \`!0 �? NOTICE: According to Coiorado law you must Kelly L. Miltb <; cz commence any legal action based upon any defect in Colorado kr•. 1q ne : this survey within three years after you first Surveyor IFcc379 � ? discovered such defect. In no event, may any action based upon any defect in this survey be commenced 500 Broadir .cagle, CO 8 fE � 0850 more than ten years from the date of the certification t ( ' ; �j �` shown hereon. Date: { i 'R� � , Z r "rrlrrun Project: Agricultural BLD Envelope Nottingham OS North Line f..4:= NW 1/4 — NE 1/4 589 '57'18 "E --0 2622,97' 1311.49' NE CORNER OF THE NW1 /4— NE 1/4 SECTION 13, T35, R85W SCALE $ SCALE: 1".=-100' I. in • / 1 pp °c29z-`' • 1 N-, � 1 / f S89'57'18 "E ‘,,, / 285.00' , .....J • ) _____________---(5 ...,7 285.00' 89.00' 374.0D' E / ' 1 T") d vi �o uj E d n n Q lfl d / d O 0 n d p Z m I °' o z O 1 o E r d i 285.00' o m S89'57' 18 "E 47 c J N O W I \ I N O. DATE REVISION A -1 EXHIBIT MAP EAGLE COUNTY AGRICULTURAL IMPROVEMENTS — ENGINEERING DEPARTMENT • "' P.O. BOX 850, 500 BROADWAY EAGLE, 0081531 970 828-3560 ., $50 FAX 970 328 -6789 -) r ,--,- BUILDING ENVELOPE n5u }„ CRAM KW CWO,ED Olt EAGLEcouNTy Engineering Department Eagle County Phone: (970) 328 -3560 P.O. Box 850 FAX: (970) 328 -8789 500 Broadway www.eaglecounty.us Eagle, CO 81631 EAGLE COUNTY Exhibit A -2 Recreational Access Envelope November 30,2012 A description of a p n open space vehicle, boat and pedestrian easement located in part of Tract 37, T3S, R85W of the 6th P.M., in Eagle County, Colorado. LEGAL DESCRIPTION An open space easement located in part of Tract 37, T3S, R85W of the 6th P.M., in Eagle County, Colorado, said easement described as follows: COMMENCING at the Northwest Corner of said Tract 37, T3S, R85W, from which the Southwest Comer of said Tract 37 bears SO0 °01'34 "E, 2633.27 feet (Basis of Bearing), thence S00 °01'34 "E, 764.96 feet along the West Line of said Tract 37 to the TRUE POINT OF BEGINNING ; Thence N46 °37'26 "E, 170.06 feet; Thence N74° 11'21 "E, 161.97 feet; Thence S39 °34'06 "E, 185.29 feet to the center of the Colorado River; The following 6 courses and distance are along the center of the Colorado River; Thence S41 °00'12 "W, 96.38 feet; Thence S16 °14'16 "W, 76.44 feet; Thence S24 °02'20 "W, 65.89 feet; Thence S18 °41'50 "E, 23.56 feet; Thence S34 °55'42 "W, 3.24 feet; Thence S20 °02'40 "E, 24.61 feet; Thence leaving said center of the Colorado River S68 °02'48 "W, 220.14 feet; Thence N22 °05'02 "W, 255.23 feet to said West Line of Tract 37; • Thence N00 °01'34 "W, 82.09 feet along the West Line of said Tract 37 to the TRUE POINT OF BEGINNING. Area = 2.7466 acres, more or less. Access to this parcel will be allowed using Red Dirt Road (county road) off of Eagle County Road 301 (Colorado River Road). (See Exhibit Map A -2) ° " . �� Q I...�. a Kelly L. .e. NOTICE: According to Colorado law you must Colorado ` ! eftickn nd' commence any legal action based upon any defect in this y g p y Surveyor fc�379 , o survey within three years after you first discovered such l 'Eagle, CO $1`0850 defect. In no event, may any action based upon any 500 Bfoadv� • defect in this survey be commenced more than ten years ( �/+� from the date of the certification shown hereon. Date: 1 �ig A �� .r f "lurnnntn0" File: Recreational Access Envelope Project: Nottingham OS Page 2 North Line of Troct 37 (West 1/2 of the SW 1/4) • S89'30'38 "W _ 1330.00' - W 1/4 CORNER SECTION 7, FND 2.5" GLO -BRASS CAP MON. ON 1" IRON 3 IN 01 1.0' ABOVE GRND 1 r (, N ,G R 4i:5 to 3 �7 1 1` 2A''. • r • 1 O g 7. c.t,° 2 �� • • • o Q\0'o0 Q 5p • p 1 1 o G' `O 6 NI- f � "' co 6 3 : 4° 02' 20"W m O 65.89' m O t ` 8° 41' 50 "E 23.56' Z N ' c� S20° 02' 40 "E S34° 55' 42"W ,' 3.24' co co ° as 24.61' 1II 2201' 6$ p2 A . \\..........? SCALE S SCALE 1 " =100' • SW COR, SEC. 7, FND 3.5" GLO BRASS CAP � `' MON. ON 3" IRON POST IN MOUND OF STONE S a �+ 1.0' ABOVE GRND to N O, DATE REVISION EAGLE COUNTY A -2 EXHIBIT MAP ENGINEERING DEPARTMENT . RECREATIONAL ACCESS P.O.BOX 850.500 BROADWAY C EAGLE, CO 81631 ENVELOPE 9 7 0 32 8-3560 FAX 970328 -8769 T •+w. - ISSUED 11 -1112 DRAWN KW CHECiEO: Dx 'KILL COUNTY EXHIBIT B Map of Property ... /8b Page 38 Nottingham Red Did Open Space ----� r' /., Subject Parcel n Rock Fall Danger f - f, :• +••. Campsite Envelope I Parcel Boundary Rock Fall Area \"` f � ® RecreaUonalACCess Recreational Access Building Envelope — Improved Road Building Envelope ! ,.' A al Historical Cabins •• ■-. Wilson Ddl Ditch �� Red Dirt Road To ` • � R emain Open ` 4. • The subject parcel contains 2 mile +/- of river frontage -- ,, Q e o . �' - , z��y a Iropr '7 � '•,....G-ate h • , l r :.:�• r • •• , n ■ �•. c •a• 7 Agricultural Improvement o 4. .. X.: :. o• ■ ��..,� : ▪ + ❖: ❖• .. y. Building .a•..• 1 ▪ • • ❖a le 1 \ • ❖a o � �" AAA • iiaii : C Y A AA • +,.•�• - _ .. a- r AAA • • V. ♦ AA •.41∎ i i •••• • f ° '- r i . �,� 1..•i• r y j • i . . 1•••1.1.1.: . a•a1.11♦ •••:•::::::** • : .....:•:.::::•:**_ • M t ' —� a II rrr 44. 1a•:4+ : :�:•••• y y� k R . • �a / iii •• X i1• t' .• -�`� FJ / • „ . .., : ( i 1 +* a t • i ' s. ` �. \ i BLM • •a , i -,:•-r'''.. ``x� ••,�•.: • �_�1 --, -Ord d� 1 1 •ai• W. .. • � ♦ A 1 \ • 1 • J • :J • :i; : %i:•i•;•;•••••••••• •aiO •••••.V. r 1 . 4,•••4•4•44•48.1.4.•••••••.•••••••• _ — ............ ,coo � a ,: ( D ye` j_f EXHIBIT C Water Rights The Property is entitled to the first 1.0 c.f.s. out of a total 8.7 c.f.s. decreed under Priority 181 in the Wilson and Doll Ditch. ... /8b Page 39 EXHIBIT D Sample Notice of Transfer of Property To: Colorado Open Lands ( "Grantee ") From: [Insert name of fee owner] ( "Grantor ") Pursuant to Section 13 of the Deed of Conservation Easement recorded (date) under reception number , Grantee is hereby notified by Grantor of the transfer of the fee simple interest in the subject Property legally described in Exhibit A attached hereto effective [insert date of closing] to [insert name of new Grantor], who can be reached at [insert name, legal address, phone and fax number]. Also pursuant to Section 13 of the aforementioned Deed of Conservation Easement, a copy of the new ownership deed is attached. GRANTOR: By: Title: STATE OF COLORADO ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by as of Witness my hand and official seal. My commission expires: Notary Public Date: ... /8b Page 40 PRESENT CONDITIONS REPORT • N .� • Red Dirt Creek Open Space Property Eagle County, Colorado Prepared For Eagle County Open Space Program and Colorado Open Lands Prepared By Rare Earth Science, LLC PO Box 1245 Paonia, Colorado 81428 (970) 527 -8445 December 3, 2012 •1 Present Conditions Report Red Dirt Creek Open Space Property ACKNOWLEDGEMENT OF PRESENT CONDITIONS RED DIRT CREEK OPEN SPACE PROPERTY EAGLE COUNTY, COLORADO In compliance with Title 26 of the Internal Revenue Code [ §1.170A- 14(g)(5)], and to the best of my knowledge, this Present Conditions Report, including text, maps, and photographs, is an accurate representation of the Red Dirt Creek Open Space property at the time of the conveyance of the conservation easement. The conservation purposes of the easement are to provide recreational opportunities for the public, and to preserve scenic open space and relatively natural habitat. Eagle County, GRANTOR Date Peter F. Runyon. Chairman Board of County Commissioners Colorado Open Lands, GRANTEE Date Daniel E. Pike, President December 3, 2012 ii Rare Earth Science, LLC • PRESEN CON .:. REPORT :4 ea L i <o- :-.--.:ir..::.... Ziir.„.„.„-..: , .-.:,„:" '''' - ' z ,; y � Red Dirt Creek Open Spa Prop erty Eagle County, Colorad P r epared F or Eagle County Open Space Program and Colorado Open Lands Prepared By Rare Earth S cience, LLC PO Box 1245 Paonia, Colorado 8 (970) 527 -8445 December 3, 2012 L. ..i.-• e.)chtvt Present Conditions Report Red Dirt Creek Open Space Property TABLE OF CONTENTS ACKNOA/LEDGEMENT OF PRESENT CONDITIONS PREPARER CERTIFICATION STATEMENT CONTACTS & BASIC INFORMATION SUMMARY iv 1 INTRODUCTION / EXECUTIVE SUMMARY 1 1.1 Methods & Limitations 1 1.2 Property Setting & Description 2 1.3 Directions to the Property 3 1.4 Summary of the Property's Conservation Purpose 3 1.5 Summary of Conservation Easement Provisions 4 2 PHYSICAL CHARACTERISTICS OF THE PROPERTY 5 2.1 Improvements 5 2.2 Geology 6 2.3 Soils 7 2.4 Hydrology 7 2.5 Vegetation 8 3 LAND MANAGEMENT 10 3.1 Weed Occurrences & Control 10 3.2 Pasture Management & Grazing 11 3.3 Minerals 11 4 RELATIVELY NATURAL HABITAT 11 4.1 Habitat for Threatened, Endangered, or Special Concern Species 12 4.2 Game Habitat 13 4.3 Habitat for Other Wildlife 14 5 OPEN SPACE 15 5.1 Scenic Characteristics 15 5.2 Agricultural Resources 15 5.3 Significant Public Benefit 15 5.4 Consistency with Government Policy 16 6 RECREATIONAL OPPORTINITES FOR THE PUBLIC 18 7 REFERENCES 19 FIGURES (Following Main Text) 1. Locator & Regional Maps 2. Topographic Map 3. Improvements & Selected Features Map 4. Soils Map 5. Vegetation Communities 6. Wildlife Range Maps 7. Photopoint Locations Map DOCUMENTARY PHOTOGRAPHS (Following Figures) ATTACHMENTS A. Selected Pages of Eagle County Board of Commissioners Resolution 2004 -015 and E=agle County Comprehensive Plan December 3. 2012 i Rare Earth Science, LLC • , . Present Conditions Report Red Dirt Creek Open Space Property ACKNOWLEDGEMENT OF PRESENT CONDITIONS RED DIRT CREEK OPEN SPACE PROPERTY EAGLE COUNTY, COLORADO In compliance with Title 26 of the Internal Revenue Code [ §1.170A- 14(g)(5)], and to the best of my knowledge, this Present Conditions Report, including text, maps, and photographs, is an accurate representation of the Red Dirt Creek Open Space property at the time of the conveyance of the conservation easement. The conservation purposes of the easement are to provide recreational opportunities for the public, and to preserve scenic open space and relatively natural habitat. Eagle County, GRANTOR Date Peter F. Runyon. Chairman Board of County Commissioners Colorado Open Lands, GRANTEE Date Daniel E. Pike, President December 3, 2012 ii Rare Earth Science, LLC • Present Conditions Report Red Dirt Creek Open Space Property PREPARER CERTIFICATION STATEMENT RED DIRT CREEK OPEN SPACE PROPERTY EAGLE COUNTY, COLORADO I, the undersigned, prepared this Present Conditions Report in accordance with Title 26 of the Internal Revenue Code [ §1.170A- 14(g)(5)]. To the best of my knowledge, this Present Conditic ns Report, including text, maps, and photographs, is an accurate representation of the Red Dir: Creek Open Space property at the time of the conveyance of the conservation easement. I certify that I am a qualified provider of conservation easement due diligence. As principal biologis: at Rare Earth Science, I have personally prepared baseline documentation reports for more than 150 conservation easement projects in eight Colorado counties, and am familiar with the natural resources of the region. My recent relevant project experience includes rare plant surveys in Delta and Montrose counties, co- authorship of Colorado Sagebrush: A Conservation Assessment and Strategy (prepared for the Colorado Division of Wildlife in 2005), and a Migratory Bird Status Literature Review (prepared for the Uncompahgre Field Office of the U.S. Bureau of Land Management in 2009). I earned a Bachelor of Science degree in Biological Sciences from Stanford University in 1988 and have 23 years of experience in consulting practice. Dawn R. Reeder Principal Biologist Decemoer 3, 2012 iii Rare Earth Science. LLC Present Conditions Report Red Dirt Creek Open Space Property CONTACTS & BASIC INFORMATION SUMMARY CONSERVATION EASEMENT NAME Red Dirt Creek Open Space GRANTOR Eagle County 500 Broadway PO Box 850 Eagle, Colorado 81631 GRANTOR CONTACT Toby Sprunk, Director Eagle County Open Space Program (970) 328 -8698 GRANTEE Colorado Open Lands 274 Union Boulevard, Suite 320 Lakewood, Colorado 80228 (303) 988 -2373 PRESENT CONDITIONS REPORT PREPARER Rare Earth Science. LLC PO Box 1245 Paonia, Colorado 81428 (970) 527 -8445 dawn @rareearthscience.com ACRES Total conserved acreage is approximately 228 acres PHYSICAL LOCATION Parts of Sections 7 & 18, Township 3 South, Range 85 West (6 Principal Meridian); and a part of Section 13, Township 3 South, Range 86 West (6 Principal Meridian), in Eagle County, Colorado LEGAL DESCRIPTION: See Exhibit A of the Deed of Conservation Easement EAGLE COUNTY PARCEL NO. 1861 - 131 -00 -001 ZONING OF THE PROPERTY: Rural BUILDING ENVELOPE(S) Three envelopes are permitted under the CE Deed: • Agricultural Improvements Building Envelope (2.22 acres) • Recreational Access Envelope (2.75 acres) • Camp Site Envelope December 3, 2012 iv Rare Earth Science, LLC Present Conditions Report Red Dirt Creek Open Space Property 1 INTRODUCTION / EXECUTIVE SUMMARY Colorado Revised Statutes (CRS) provide for the establishment of conservation easements to maintain land in a natural, scenic, or open condition, or for wildlife habitat, or for agricultural [...] or other use or condition consistent with the protection of open land having environmental quality or life- sustaining ecological diversity" [CRS §38- 30.5 -102]. Toward these ends, the Eagle County Board of Commissioners ( "grantor ") will be acquiring the approximately 228 -acre Nottingham property in Eagle County, Colorado (to be designated "Red Dirt Creek Open Space"), and simultaneously conveying a perpetual conservation easement on it to Colorado Open Lands ( "Land Trust" or "grantee "). The grantee is a non - profit corporation and a "qualified organization," as defined in §170(h) of the Internal Revenue Code. and a charitable organization as required under CRS § §38- 30.5- 104(2). The key individuals involved in developing this conservation project were the Eagle County Open Space Program staff, The Conservation Fund, and the current landowner (Nottingham Investment Co.). The project is receiving funding from the Eagle County Open Space Program and Great Outdoors Colorado's (GOCO's) River Corridor Initiative. The grantor and grantee agree that the principal purpose of the conservation easement on the property is to protect and preserve the property's conservation values, and in particular, the characteristics of the property that ma it valuable for outdoor recreation opportunities for the public, but also as scenic open space and relatively natural habitat for wildlife. This Present Conditions Report documents existing conditions on the property. As such, this report is intended to provide evidence of the property's conservation values, and to provide the grantee with a description of its existing conditions at the time of the conservation easement conveyance, so that changes to the land can be monitored over time, especially those changes that may affect its conservation values. This report satisfies the documentation requirements of the U.S. Internal Revenue Service Code at §1.170A -14 and the conservation easement due diligence requirements of the grantee, and generally follows standards and practices recommended by the Land Trust Alliance (Hamilton 2008). This report consists of narrative text, with figures and documentary photographs following the text. Ficjures and documentary photographs follow the text. Figure 1 shows the property's locatior within the state and in relationship to the nearest population center and major roads, and the property's location in the regional conservation strategy landscape. Figure 2 shows the topography of the property and its surroundings. Figure 3 maps improvements and other important features. Figures 4 and 5 present soils mapping and vegetation communities, respectively. The ranges of selected wildlife species are mapped on Figure 6. Figure 7 provides an aerial overview of the property and a key to documentary photograph locations. A list of global positioning system (GPS) coordinates for the documentary photographs is included with the documentary photopages. Copies of applicable local government policies are included as Attachment A. 1.1 Methods & Limitations Methods of baseline documentation included a field visit to the property on July 13, 2012, review of information provided by the grantee, grantor, and the current landowner's representative (Susan Nottingham) and research of available publications and other relevant documents, as cited. December 3, 2012 1 Rare Earth Science, LLC Present Conditions Report Red Dirt Creek Open Space Property Mapping for this document was created using ESRI® geographic information systems (GIS) software, ArcGIS 1OTM and a recreational -grade handheld GPS unit. Base maps consist of U.S. Geological Survey (USGS) 7.5- minute topographic quadrangle and National Agricultural Imagery Program (NAIP) aerial photography digital mosaics available for public download through the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS). Data resources used to create regional mapping, soils mapping, and wildlife range maps are cited on the figures themselves. The photopoint map was created by mapping GPS waypoints marked at documentary photograph locations. The improvements maps were created by interpreting recent aerial photographs and by mapping GPS waypoints of certain point features and tracks of roads, fence lines, and other features on the property. Consequently, the improvements maps must not be considered a survey of improvements, but rather simple inventory sketches. The vegetation map was created by interpreting recent aerial photographs, combined with a walkabout survey of the property. It should be noted that vegetation mapping boundaries cannot accurately represent the intergrade between plant communities. It should also be noted that due to drought conditions during the winter prior to the field work, the documentary photographs in this report may not represent the typical or average appearance of the vegetation communities on the property. It was not within the scope of this report to review boundary adjustments, miscellaneous easements, or rights -of -way. whether recorded or unrecorded, for accuracy or applicability to the conservation easement conveyance. 1.2 Property Setting & Description The Red Dirt Creek Open Space property (hereafter, `'property ") is a Colorado River frontage property consisting of approximately 228 acres in Eagle County, Colorado. The property lies approximately 10 direct miles north -by- northwest of Gypsum (Figure 1), and about 16 road miles from Interstate 70 at Dotsero. A complete legal description of the property is provided in Exhibit A of the Deed of Conservation Easement (CE Deed). See the Contacts and Basic Information Summary in the front matter of this report for further information identifying the physical location of the property. The property is rural and relatively remote, lying in the rugged upper Colorado River drainage of the Southern Rocky Mountains Physiographic Province. The property is one of the larger acreages in private ownership in the Colorado River corridor between Dotsero and Burns, Colorado (Figure 1). An approximately 1.7 -mile reach of the Colorado River fronts the property on the east (Figure 2), and Red Dirt Creek and an unnamed stream, both Colorado River tributaries, flow across the property. According to the U.S. Geological Survey 7.5- minute Burns South topographic map (Figure 2), the ground surface elevation averages approximately 6,400 feet above mean sea level at the property. The property is located along the right bank of the Colorado River, and west of Colorado River Road (aka County Road 301). The surrounding area consists of very similar forested & undeveloped terrain (mostly public lands administered by the U.S. Bureau of Land Management [BLM]), with some private residential development on the east side of the Colorado River along Colorado River Road. The White River National Forest boundary lies about 1.5 miles north - northwest of the property. The property is accessed from an unpaved road off Colorado River Road (aka Eagle County Road 301). This road also provides access to public lands west and north of the property (Figures 2 and 3). December 3. 2012 2 Rare Earth Science, LLC Present Conditions Report Red Dirt Creek Open Space Property The property is unoccupied and mostly undeveloped, and is used for agricultural purposes (primarily livestock grazing) and incidental river recreation (by boaters floating the Colorado River). Improvements on the property include limited fencing, unpaved roads, an overhead power line, and the Wilson and Doll Ditch and associated irrigation infrastructure. A Union Pacific (UP) railroad line crosses the northern and southern parts of the property. Several dilapidated log structures are present in the west - central part of the property in an old homestead area. The current landowner acquired the property in 1993. The CE Deed provides for three activity envelopes on the property: a 2.22 -acre Agricultural Improvements Building Envelope in the area of the existing dilapidated homestead structures; a 2.75 -acre Recreational Access Envelope in the area of the intersection of Red Dirt Road and Poison Creek Road in the north part of the property: and a Camp Site Envelope along the right bank of :he Colorado River. These envelopes are shown on Figure 3. 1.3 Directions to the Property Directions from Interstate 70 at the Dotsero Exit (Exit 133) are as follows (see Figure 1): • From the Dotsero Exit (Exit 133) on Interstate 70, take Colorado River Road north. • Travel approximately 14 miles north on Colorado River Road. From approximately mile 14 (where Colorado River Road makes a broad turn from east to north), to mile 15.7 (a bridge crossing of the Colorado River), Colorado River Road roughly parallels the east property boundary, which lies more or less on the centerline of the Colorado River. The property can be viewed from Colorado River Road along this stretch by looking west across the river. • At approximately mile 15.7, cross the bridge over the Colorado River and make an immediate left turn (west) onto the access road to the property. 1.4 Summary of the Property's Conservation Purpose The purpose of the conservation easement is to preserve, in perpetuity, the following conservation values (not listed in hierarchical order): 1. Relatively natural habitat. The property features 1.7 miles of Colorado River frontage end associated forested riparian corridor, upland native woodlands and shrublands, and n irrigated pasture that provide forage, cover. breeding grounds, and migration corridors fora variety of wildlife. The property's habitat is "significant" as defined by U.S. Treasury Regulations at §1.170A- 14(d), because it supports species considered rare, threatened, or of special concern — namely bald eagle, American peregrine falcon, North American river otter, and northern leopard frog. The property also lies within summer range and critical winter range for mule deer; within winter range and severe winter range for elk; and within overall range for black bear, mountain lion, moose, and bighorn sheep. These big game vertebrates are important to the biodiversity of the region and to the economy of Eagle County and the State of Colorado. The property is also important on the landscape scale because it links habitat on extensive BLM lands (including Bull Gulch Wilderness Study Area) east of the Colorado River with extensive BLM lands west of the Colorado River. BLM lands west of the Colorado River have connectivity to the White River National Forest and the Flat Tops Wilderness Area. December 3, 2012 3 Rare Earth Science, LLC Present Conditions Report Red Dirt Creek Open Space Property 2. Open space. The property's scenic watercourse and terrain (the Colorado River flanked by a wooded riparian corridor, native upland woodlands and shrublands, and irrigated pastureland across interesting mesa, cliff, and canyon topography) is visually accessible to the public from Colorado River Road, from a Union - Pacific Railroad line traveled by passenger trains, and from surrounding public lands administered by the U.S. Bureau of Land Management actively used by the citizens of Eagle County and the State of Colorado. The property features important agricultural resources (rangeland in good and productive condition, irrigation and stock water resources, and a soil type recognized by the U.S. Department of Agriculture [USDA] as "prime farmland if irrigated "). The policies of the State of Colorado and Eagle County consider preservation of open space important to the future of the region. The preservation of the property will provide a significant public benefit because there is a trend of urbanization and rural subdivision development in Eagle County. There is a strong likelihood that development of the property would lead to or contribute to degradation of the natural habitat and the scenic, natural, and agricultural character of the area. Development of the property's river frontage would compromise and detract from the public's experience of floating the river and viewing it from Colorado River Road or passenger trains. A perpetual conservation easement on the property will continue to provide an opportunity for wildlife to benefit and for the general public to appreciate its scenic and recreational values. 3. Recreation. The property fronts approximately 1.7 miles of the Colorado River, which receives regular float use by the general public for recreational purposes such as rafting and fishing. The CE Deed accommodates additional public use, including provisions specifically allowing public trailhead parking and river access, as well as primitive riverside camp sites. From the strategic perspective of the grantor, the trailhead parking, river access, and primitive camping opportunities to be ensured by the CE Deed will provide a significant increase in public recreational opportunities at approximately the mid -point of an approximately 45 -mile reach of the Colorado River currently with very limited public access. The acquisition of this property to provide public recreation opportunities and river access points is supported by the citizens of Eagle County, as represented by the Citizen's Open Space Advisory Council, established by the Eagle County Board of Commissioners through Resolution No. 2003 -97 (amended and restated by Resolution No. 2004 -015), and authorized by the voters of Eagle County with County Ballot Referendum 1 H. 1.5 Summary of Conservation Easement Provisions The CE Deed reserves certain rights for the grantor and grantee, and restricts and prohibits certain activities on the property. The reserved rights will include a 2.22 -acre Agricultural Improvements Building Envelope at the location of the existing dilapidated buildings; and a small parking area near the entrance to the property off Colorado River Road (within the 2.75 - acre Recreational Access Envelope shown on Figure 3), with post and rail fencing, interpretive, directional, and regulatory signage. The grantor also intends to establish a few primitive campsites along the right bank of the Colorado River with picnic tables and fire rings (within a Camp Site Envelope shown on Figure 3). The grantor will also reserve the right to improve trails and roads on the property for public access. Red Dirt Creek Road, which crosses the north part of the property and leads to adjoining BLM land, will remain open to motorized use. See the CE Deed for specific rights and restrictions. December 3, 2012 4 Rare Earth Science, LLC Present Conditions Report Red Dirt Creek Open Space Property 2 PHYSICAL CHARACTERISTICS OF THE PROPERTY The improvements on the property and various features sustaining the conservation values on the property are described below and documented in figures and documentary photographs following the main text of this report. Documentary photographs were made at the photopoints shown on Figure 7. 2.1 Improvements Improvements on the property at the time of the field visit are described briefly, below. The approximate locations of improvements on the property are mapped Figure 3. • Buildings. Several dilapidated historic cabins (old homestead structures of log construction) are located in the west - central part of the property, northeast of the irrigated pasture and west of the unnamed stream (Photopoints 29, 30 and 32). The c urrent landowner believes the structures were built in the early 1900s. In recent cecades, the historic cabins have been used as animal shelters. None of the structures 13 habitable, and most appear to be unsafe to enter, due to unstable roofs. • Roads and transportation infrastructure. About 500 feet of Colorado River Road (aka County Road 301), a paved road, crosses the north part of the property. A total of about 1,500 feet of the UP Railroad line crosses the far north and far south parts of the property. About 1,200 feet of "Red Dirt Creek Road," a dirt road off Colorado River Road in the north part of the property, provides the main access to the property, and public access to BLM lands to the west (Photopoints 3, 4, and 7). Steep cliffs above an approximately 700 -foot segment of this road present a rock -fall hazard (Photopoint 3). An unimproved ranch access road off Red Dirt Creek Road leads south and west about 3,800 feet to a road fork. The left (south) fork (gated and locked; Photopoint 25) leads to the historic cabin area, and from there, continues south along the open water portion of the Wilson and Doll Ditch alignment (Photopoints 36 and 38). The north fork leads off the property to BLM lands to the west. In the south part of the property, where Wilson and Doll Ditch enters a buried pipe, the ranch access road leaves the ditch alignment, turns rorth, descends to the south part of the irrigated pasture, and toward the Colorado River bottom (Photopoints 39 and 40). Other faint roads or old road tracks observed on the property during the field visit (e.g., Photopoint 33) are marked on Figure 3. • Fences. Perimeter fencing on the property is absent, and limited amounts of barbed wire or woven wire interior cross - fencing are very discontinuous and non - functional. There is functional wooden corral in the historic cabins area (Photopoint 28, looking north -by- rorthwest), and a small chain -link fence enclosure in the north part of the property which serves as a hay stackyard (Photopoint 9). Either side of the railroad alignment is fenced through the south part of the property. • Irrigation infrastructure. Wilson and Doll Ditch (Photopoints 31, 36, and 38), which originates on Red Dirt Creek west of the property, traverses the property roughly from rorth to south. Parts of the ditch are in a total of about 1.600 feet of approximately 24- inch buried pipe, and about 3,900 feet of the ditch is open across the property. Sections of abandoned irrigation pipe are scattered near the Wilson and Doll Ditch alignment (hotopoints 21, 39, 42, and 44). A headgate on Wilson and Doll Ditch (Photopoint 31) tarns water into a series of laterals that irrigate the pasture (Photopoints 35 and 42). Water is directed in the pasture's ditch network using tarp dams (Photopoint 35). A December 3. 2012 5 Rare Earth Science, LLC Present Conditions Report Red Dirt Creek Open Space Property series of abandoned irrigation ditches and abandoned scrap pipe (Photopoints 20 and 21) are present in the sagebrush shrubland east of the irrigated pasture. where it appears approximately 8 acres were historically irrigated (prior to the 1980s). Irrigation water rights will be encumbered by the CE Deed. • Utilities. The only utilities visible (above ground) on the property are overhead powerlines serving nearby residences on other properties (along with a spur to the historic cabins area), and the UP Railroad line, in the locations marked on Figure 3. The current landowner had no knowledge of any water wells, septic systems, buried natural gas lines, or other utilities on the property. Buried fiber -optic lines lie within the UP Railroad right -of -way and buried telephone lines lie in the County Road 301 right -of -way. • Dumps and debris. No active or historic dumps were observed on the property during the field visit. However, scrap metal debris related to the Wilson and Doll Ditch pipeline (abandoned pipe sections) were scattered along the ditch alignment and in irrigated and formerly irrigated areas (Photopoints 21, 39, 42, and 44) and some wood, wire, steel, and plastic rubbish was present in and near the historic cabins area during the field visit. Scrap steel and domestic rubbish was also present north of Red Dirt Creek in the north part of the property (Photopoint 6) in what appeared to be a former home site location with a small collapsed root cellar and a wooden clothesline post. An abandoned automobile was observed in the north part of the property (Photopoint 10), in the riparian corridor east of the main access road. These items and debris sites are described in more detail in a Phase 1 Environmental Site Assessment prepared for the property (Rare Earth 2012a). • Other. An unknown wooden structure (a former bridge abutment?) was present in the north part of the property near the river's edge (Photopoint 5). Two 500 - gallon plastic water cisterns (Photopoint 28) in the historic cabins area belong to Sam Bowles, who leases the land for livestock grazing. The cisterns are temporarily stored at that location. An old pond basin overgrown with sagebrush was observed southwest of the historic cabins area in the location marked on Figure 3. 2.2 Geology The property lies in the rugged, high - elevation terrain of the Southern Rocky Mountains physiographic province, which is characterized by cliffs. canyons and gulches cut in gently - dipping to broadly - folded sedimentary rocks of Pennsylvanian to Cretaceous age. The topography and geology of this area were influenced by several major structural elements in western Colorado, including the Gore Range to the east, the White River Uplift and Flat Top Mountains to the west, and the Burns Syncline to the northeast. This area is located within the structural Eagle Basin, which is primarily a Pennsylvanian -aged depositional trough located in a structurally complex area east of the larger Piceance Basin. The property lies near the axis of the Eagle Basin, along the northwestern edge of the Alkali Sub -basin (Rare Earth 2012b). The Geologic Map of the Leadville 1° x 2 Quadrangle, Northwestern Colorado (USGS Miscellaneous Investigations Series Map 1 -999, 1978) was reviewed for an understanding of local surface and subsurface geologic conditions. The property is comprised primarily of bedrock Pennsylvanian Minturn Formation (Map Unit Pm). Map Unit Pm consists of gray, pale - yellow, and red sandstone, grit, conglomerate and shale, and scattered beds and reefs of carbonate rocks. Although not shown on the geologic map, some surficial areas of the property December 3. 2012 6 Rare Earth Science, LLC Present Conditions Report Red Dirt Creek Open Space Property are also covered by more recent Quaternary alluvium deposits consisting of sand & gravel. Steep Pm cliffs are present in the north part of the property (Figure 3). 2.3 Soils The property's soils are derived from the geologic units described above, and generally consist of foams, sandy loams, and rock outcrop -loam complexes. The U.S. Department of Agriculture's Natural Resources Conservation Service (NRCS) Web Soil Survey of the Aspen- Gypsum Area, Colorado, Parts of Eagle, Garfield and Pitkin Counties identifies eight soil types at the property, including the dominant units (Figure 4): Redrob loam, 1 to 6 percent slopes (Map Unit 92, approximately 40 percent of the property's acreage), and Gypsum land - Gypsiorthids complex, 12 to 65 percent slopes (Map Unit 55, approximately 30 percent of the property's acreage). According to NRCS, a majority of soil types at the property are ranked as "poor" sources of sand and gravel construction materials; however, Map Unit 55 is shown as "not rated" by NRCS. NRCS identifies Goslin fine sandy loam. 3 to 6 percent slopes (Map Unit 49), as "prime farmland if irrigated." This Map Unit is located in the wooded riparian corridor in the north part of the property (Figure 4), where it is infrequently flooded by the Colorado River. Mapped soil units corresponded reasonably well with field observations on the property. 2.4 Hydrology The principal surface water feature on the property is an approximately 1.7 -mile reach of Colorado River frontage, consisting of approximately half the main stem channel and parts of a few islands (Photopoints 1, 2, 13, 19, 43. 44, 45, 51, 53, 54, 55, and 56). Associated with the Colorado River on the property is a corridor of robust complex riparian forests, woodlands, shrublards, and emergent wetlands. The Colorado River has relatively high flows during spring runoff and large precipitation events, and relatively moderate flows during the rest of the year, especially during irrigation season. At the time of the field visit, the flow volume of the Colorado River was uncharacteristically low, due to snowpack that was well below average the previous winter, below average spring rainfall, and uncharacteristically warm spring temperatures (USDA 2012). At the USGS water gage on the Colorado River near Dotsero in mid -July 2012, the river was reading approximately 1,500 cubic feet per second (cfs), about 1,000 cfs lower than the median of about 2,500 cfs (USGS 2012). As of June 1, 2012, the estimated year -to -date precipitation in the Colorado River basin was 66 percent of average, and the amount of snowpack was only 2 percent of the average (USDA 2012). The Colorado River and its riparian corridor contribute significantly to the uniqueness and importance of the natural areas on the property, and in the region. According to a recent landscape -scale mapping effort by the Southwest Regional Gap Analysis Project, riparian habitat constitutes less than 3 percent, and wetlands constitute less than 0.1 percent, of the total area of western Colorado. Nevertheless, about 72 percent of all reptile species, 77 percent of all amphibians, 80 percent of all mammals, and 90 percent of all bird species occurring in the Colorado Plateau region routinely use riparian areas for food, water, cover or migration routes. About 30 percent of the Colorado Plateau's bird species use riparian corridors, wetlands, and other aquatic areas to the exclusion of upland habitats (Knopf 1989). Other si.rface water features on the property include Red Dirt Creek (a small stream in the north part of the property; Photopoint 8), a small unnamed stream (near the historic cabins), Wilson and Doll Ditch (with buried and open stretches), and small irrigation delivery laterals to the irrigated pasture (see Section 2.1). Irrigation water rights will be encumbered by the CE Deed. December 3, 2012 7 Rare Earth Science, LLC Present Conditions Report Red Dirt Creek Open Space Property According to the current landowner, a spring feeds or augments flow in the unnamed stream. The approximate locations of these water features are marked on Figures 3 and 5. 2.5 Vegetation The property is dominated by vegetation communities adapted to the local climate and soils, and influenced by the property's topography and hydrology. Vegetation communities were mapped by interpreting a recent aerial photograph of the property, combined with a walkabout survey. Figure 5 shows a generalized map of the property's vegetation communities, which are discussed in the following bulleted paragraphs. Note that the field visit was conducted during a drought period, and plant species noted below do not represent a complete list of species on the property, but rather, a description of conspicuous species observed during the field visit. • Riparian corridor (approximately 58 acres). A large complex of riparian types occurs in association with the meandering floodway and floodplain of the Colorado River along the property's east boundary. The communities consist primarily of robust mature narrowleaf cottonwood (Populus angustifolia) stands in near -bank floodpiains and old channels (Photopoints 1, 4, 7, 9, 11, 12, 14, 15, 16, 41, and 47); coyote willow (Salix exigua) or mixed willow (Salix spp.) and cottonwood seedling or sapling stands on frequently flooded river banks or islands (Photopoints 48 and 49); and emergent wetlands in backwater areas, old wet meanders, or accreting bank areas dominated by sedges, rushes, and other graminoids. This complex of plant communities is relatively dynamic (shifting across the landscape over time with river dynamics) and dependent on frequent flooding for regeneration. The narrowleaf cottonwood stands occur in a variety of age classes. In near - riverbank areas on the north part of the property, the cottonwood stands are mature and robust (e.g., Photopoints 7 and 16), with a dense and diverse native shrub understory including three -leaf sumac (Rhus trilobata), silver buffaloberry (Shepherdia argentea), wild rose (Rosa sp.), and the occasional Rocky Mountain juniper (Juniperus scopulorum), mountain alder (Alnus incana tenuifolia), Utah serviceberry (Amelanchier utahensis), Gambel oak (Quercus gambelii), and hawthorn (Crataegus sp.). The south part of the property features a healthy young (10 to 15- year -old) stand of cottonwoods with a mostly herbaceous understory (Photopoint 47). The older cottonwood stands on drier ground in old channel areas in the north part of the property are decadent and deteriorating (Photopoint 12), with numerous standing snags, and parts of the riparian shrub understory in conversion to big sagebrush (Artemisia tridentata). Tall mature cottonwoods and snags provide excellent roosting and nesting opportunities for a variety of raptors and cavity nesting birds. Herbaceous understories in cottonwood stands range from sparse to dense, depending on degree of overstory closure, sub - canopy coverage, and available moisture and substrate. Common understory plants (all native) were wild licorice (Glycyrrhiza lepidota), Indian hemp (Apocynum cannabinum), American vetch (Vicia Americana), false Solomon's seal (Maianthemum stellatum), horsemint (Agastache urticifolia), stinging nettles (Urtica dioica), tall coneflower (Rudbeckia sp.), horsetail (Equisetum arvense), scouring rush (Equisetum hyemale affine), and western white clematis (Clematis ligusticifolia). Emergent wetland areas (along accreting banks, or where areas of standing water persist in the floodway after spring high water events, including a fairly large wet meadow downgradient of the irrigated pasture [Photopoint 41]) support native wetland sedges (Carex spp. and Eliocharis spp.), rushes (Juncus spp.), and other graminoids (Equisetum spp.). Recruitment of young cottonwoods appeared good overall throughout the riparian corridor, especially in the south part of the property on inside bends of the river. Narrowleaf cottonwoods and riparian shrubs also line the open ditch portion of the December 3, 2012 8 Rare Earth Science, LLC Present Conditions Report Red Dirt Creek Open Space Property Wilson and Doll Ditch alignment through the property (Photopoints 37 and 38). Except for a few scattered thistle and Russian olive occurrences, the property's riparian areas were in excellent condition, with a high degree of plant diversity, community age -class diversity, and nativeness. The property's riparian areas provide cover, drinking water, and a fawning habitat for mule deer, and habitat for a disproportional number of small mammal, migratory bird, reptile, and amphibian species in the region. • Sagebrush shrubland (approximately 63 acres, including about 8 historically irrigated acres). Two main areas of sagebrush shrublands are present on the property. The north area extends across a high, broad sloping bench above the Colorado River corridor and below the Wilson and Doll Ditch alignment (Photopoints 18 and 27). The south sagebrush shrubland covers a relatively low terrace above the river corridor and below the Wilson and Doll Ditch alignment (Photopoints 45 and 50). Taller big sagebrush (Artemisia tridentata) is generally the dominant shrub on deeper, less rocky soils, while shorter black sagebrush (Artemisia nova) dominates on rocky, shallow soils. Rabbitbrush (Chrysothamnus nauseousus) was scattered throughout. Approximately 8 acres in the east part of the north sagebrush shrubland appear to have been at least partially cleared of sagebrush and historically irrigated (Photopoint 17). The shrubland in this area is in poor condition, with many dead or dying shrubs and very little herbaceous ground cover. Many of the shrubs had been hedged by livestock or big game. Outside the historically irrigated area in the north sagebrush shrubland, the condition of the shrubland was fair. Conspicuous (but very sparse) grasses were bottlebrush squirreltail (Elymus elymoides), galleta (Pleuraphis jamesii), Indian ricegrass (Achnatherum hymenoides), cheatgrass, and muttongrass (Poa fendleriana). Forbs and sub - shrubs included sand aster (Chaetopappa ericoides), cushion buckwheat (Eriogonum flavoculatum), yellow eyes (Cryptantha sp.), globemallow (Sphaeralcea sp.), and dusty maiden (Chaenactis sp.). Many of these forbs were present only in the vegetative state (not flowering) due to dry conditions. Common sub - shrubs included broom snakeweed (Gutierrezia sarothrae) and prickly pear (Opuntia sp.). The sagebrush shrubland in the south part of the property was intact and in relatively good condition. There were no signs of recent livestock grazing; however, there was a good amount of deer scat. Unlike the north sagebrush shrubland, the south sagebrush shrubland had an understory dominated by the native grasses and forbs found in the north sagebrush shrubland (with the addition of alkali sacaton (Sporobolus airoides)), but with at least 50 percent ground cover (Photopoint 52). Sagebrush shrublands provide important winter critical winter habitat for big game ungulates. • Irrigated pasture (approximately 15 acres). The condition of the irrigated pasture at the time of the field visit was fair to good (Photopoint 31 panorama, 35, and 36). The pasture is in a mix of native and volunteer cultivar grasses and clover. Grass height was relatively short, with little or no seed -head production. The pasture's topography makes it difficult to irrigate all areas in a consistent manner; therefore, some areas are too wet, while others are too dry. Wet areas were dominated by arctic rush (Juncus arcticus) or other common hydrophilic graminoids. Drier or inconsistently irrigated areas are gradually recolonizing with sagebrush or rabbitbrush (Photopoint 42). • Pinyon - juniper woodland (approximately 53 acres). The pinyon pine (Pinus edulis) and Utah juniper (Juniperus osteosperma) woodland association occupies the steep uplands in the north and west parts of the property (Photopoints 24 and 34). Juniper is dominant. An occasional Douglas -fir (Pseudotsuga menziesii) is found in this type, especially near its interface with wooded riparian areas. The tree canopy is very open, and the shrub December 3, 2012 9 Rare Earth Science, LLC Present Conditions Report Red Dirt Creek Open Space Property component is sparse or lacking, but includes big sagebrush, black sagebrush, rubber rabbitbrush, broom snakeweed, and prickly pear. This community naturally has a high percentage of bare ground. Conspicuous grasses and forbs at the time of the field visit were galleta grass, Indian ricegrass, bottlebrush squirreltail, and muttongrass. This community was in good condition. • Lower montane mixed conifer woodland (approximately 13 acres). This community type is present in certain steep, north- through east - facing uplands on the property (Photopoint 39), and can be characterized as the pinyon - juniper woodland type with a dominant Douglas -fir component and an occasional ponderosa pine (Pinus ponderosa). This community was in good condition. • Open water (Colorado River; approximately 21 acres). Nearly one -tenth of the property encompasses open water or, during low water periods, unvegetated river bed of the Colorado River. The continued health and rejuvenation of the property's complex of multi -aged cottonwood stands, willow shrublands, and emergent wetlands depends on the annual dynamic flood regime of the river and geomorphological shifts over time to the river channel. The conservation easement will ensure that development in and near the flood plain of the Colorado River will not occur, allowing the river to shift in its floodplain and undergo the dynamic geomorphologic changes of a healthy river system. • Ruderal (approximately 2 acres). Areas marked ruderal (perpetually disturbed and without native vegetation) on the vegetation communities map (Figure 5) are the UP Railroad corridor and Colorado River Road corridor. These areas consist of paved or graveled surfaces. 3 LAND MANAGEMENT The property is managed irrigated pasture. seasonal range for livestock, and wildlife habitat. Light recreation also takes place on the property. 3.1 Weed Occurrences & Control No monocultural stands of noxious weeds (Colorado Dept. of Agriculture 2012) were present on the property, nor were noxious weeds a serious management issue on the property at the time of the field visit. The current landowner does not actively manage weeds on the property. Eagle County has adopted the State of Colorado Noxious Weed lists A, B, and C, along with state - mandated methods of control (Eagle County Noxious Weed Control 2012). No "List A' (Co. Dept. of Agriculture 2012) noxious weeds were observed on the property. List A noxious weeds are designated for mandatory eradication by the State's weed commissioner. "List B" noxious weeds observed on the property were Canada thistle (Cirsium arvense), bull thistle ( Cirsium vulgare), musk thistle (Carduus nutans), and Russian olive (Eleagnus angustifolia). List B noxious weeds have state management plans (or planning is in progress) to stop their continued spread. Musk thistle and bull thistle appeared to be limited to a few plants around the historic cabins area. Canada thistle was sparsely scattered in the irrigated pasture and along ditch alignments. A single mature Russian olive was observed north of the historic cabins area on the Wilson and Doll Ditch bank, and very few were present in the riparian corridor of the Colorado River on the property. Several Russian olive saplings were present in December 3. 2012 10 Rare Earth Science, LLC Present Conditions Report Red Dirt Creek Open Space Property an old river channel area in the north part of the property where the cottonwood canopy is degenerating. "List C" noxious weeds observed on the property include redstem filaree (Erodium cicutarium), common mullein (Verbascum thapsis), and cheatgrass (Bromus tectorum). List C species are those designated by the State weed commissioner as optional for management in the state. List C species were concentrated around the historic cabins area. Cheatgrass was sparsely present in the sagebrush shrublands east of the historic cabins area, but otherwise mostly not apparent in other areas of the property during the field visit. Common mullein was scattered in the riparian corridor mostly along the property's south boundary in the exposed river channel cobbles. Other weeds on the property were annual herbaceous non - natives such as yellow sweetclover (Melilotus officinalis), yellow alyssum (Alyssum alyssoides), and Russian thistle (Salsola kali), which were present around the historic cabins area. All the weeds mentioned in this report section are common and widespread in the region, and not considered directly harmful to livestock or wildlife. 3.2 Pasture Management & Grazing Accordirig to the current owner, the property has been leased to Sam Bowles, a local rancher, for approximately the past 15 years. Mr. Bowles irrigates the small pasture in the west - central part of tie property and typically puts up one cutting of hay per year. Up to a dozen cows are grazed pn the property seasonally following haying. No livestock was on the property at the time of the field visit. Due to drought conditions, Mr. Bowles does not intend to harvest hay on the property in 2012. 3.3 Minerals The grantee's review of a title insurance commitment procured during the conservation easement conveyance process identified that the mineral rights on the property are not wholly owned by the grantor. In accordance with §170(h) of the Internal Revenue Code and related Treasury Regulations, the grantor obtained an opinion from a professional geologist regarding the potential for surface mining on the property. The geologist's review of the property's mineral resources (Rare Earth 2012b) concluded that '`the probability of extraction or removal of minerals by any surface mining method at the Site is so remote as to be negligible." No mine sites, signs of mining activity, or evidence of oil and gas exploration or drilling were observed on the property at the time of the field visit. 4 RELATIVELY NATURAL HABITAT The property features relatively natural habitat conservation values (see Section 1.4 for a summary of the property's conservation values). The property's native woodlands, irrigated fields and pastures, and areas of riparian character provide important relatively natural habitat and habitat linkages for wildlife in the area. Surface water resources and vegetation commuiities on the property are described in Sections 2.4 and 2.5 of this report, and their locatiors are shown on Figure 5. The appearance of the property's relatively natural habitat is depicted in documentary photographs following the main text of this report. Documentary photographs were taken at the December 3. 2012 11 Rare Earth Science, LLC Present Conditions Report Red Dirt Creek Open Space Property photopoints shown on Figure 7. The ranges of selected wildlife species are mapped, relative to the property, on Figure 6. 4.1 Habitat for Threatened, Endangered, or Special Concern Species It is important to note that it was not within the scope of this report to conduct a comprehensive survey for threatened. endangered, or special concern species during the field visit. Nevertheless, based on the property's location and habitat characteristics, and the documented ranges of wildlife species in the region. the property provides or has the potential to provide habitat, habitat linkages, or buffers for the following threatened or special concern species. • Bald Eagle (State Threatened). The property lies within bald eagle winter range and winter foraging range mapped by CPW (Figure 6). Bald eagles are observed regularly on this reach of the Colorado River year- round, but especially in winter. foraging for fish, rodents, and carrion. Two adult bald eagles were observed during a July property visit to Colorado River Ranch, approximately 3 river miles downstream of the property (Figure 1), roosting in a tall cottonwood on the west bank of the Colorado River. The manager of Colorado River Ranch reported that these birds were also attending a nest on the ranch (no young were observed). In Colorado, bald eagles are rare summer breeders and common winter residents primarily in mountain parks and western river valleys. The property provides potential breeding habitat for bald eagle in its mature cottonwood galleries and riverside cliffs. The bald eagle was listed as endangered in the conterminous U.S. in 1967. Loss of habitat, shooting for feathers, and widespread use of the pesticide DDT are all thought to have contributed to the decline of this species; only 417 pairs were surveyed in the conterminous U.S. in 1963, down from several hundred thousand before the arrival of Europeans on this continent. Since domestic use of DDT was banned in 1972, bald eagle populations have increased dramatically, nearly doubling every 8 years. Approximately 6,500 pairs of bald eagles were recorded in the conterminous U.S. in 2000 (Buehler 2000). In 2001, 45 resident pairs were recorded in Colorado, up from 11 pairs in 1990. In 2007. the federal government de- listed the bald eagle; however. the bald eagle is still recognized as a State Species of Concern in Colorado, and will continue to be monitored for recovery by the federal government through at least 2012. • American peregrine falcon (State Species of Concern). Like the bald eagle, this widespread and once relatively common raptor suffered severe population declines throughout the nation due to the effects of the pesticide DDT, which caused abnormally thin eggshells and dramatically reduced reproductive success in the birds. As a result, the peregrine falcon was listed as endangered in 1970. and after extensive recovery efforts by state and federal agencies, it was de- listed in 1999 (White et al. 2006). The peregrine's recovery continues to be monitored by the federal government. and the State of Colorado considers it a Species of Concern. Peregrine falcons nest on cliffs or bluffs, and forage over open landscapes, particularly river corridors, hunting for a variety of passerine birds and waterfowl, often taking their prey on the wing. With its abundance of waterfowl. the property presents excellent hunting habitat for the peregrine falcon. A documented nesting area lies just upstream of the property on steep bluffs above the Colorado River (Figure 6). A pair of peregrine falcons was observed in flight around the cliffs in the north part of the property during the field visit. • North American River Otter (State Threatened). The river otter is listed as threatened under the Colorado Nongame. Threatened, or Endangered Species Conservation Act. After their disappearance from the state nearly 100 years ago, CPW began restoring river otter populations in the upper Colorado River in the 1970s. with varying degrees of success. The property provides suitable feeding and denning habitat for a breeding pair of river otter, which typically requires approximately 1.5 to 8 miles of stream or shoreline depending on prey resources, and stream flow of at least 50 cubic feet per second (Boyle 2006). Other December 3. 2012 12 Rare Earth Science, LLC Present Conditions Report Red Dirt Creek Open Space Property requirements met by the habitat on the property are food resources (fish, small mammals), good water quality, riparian vegetation providing at least 50 percent cover along banks, and other cover in or along streams such as woody debris or boulders. The property lies within CPW- mapped range of river otter (Figure 6), although to date, no river otters have been officially documented in this river reach. • Northern leopard froq. The property features excellent breeding habitat for the northern leopard frog in its riparian areas (especially graminoid wetlands). This widely distributed amphibian has become scarce in some areas of Colorado leading to its recognition as Species of Concern by the State of Colorado. In low elevation areas in western Colorado, the leopard frog can be displaced by non- native bullfrogs or decimated by non - native predatory fishes (Hammerson 1999). In higher elevation areas, the decreases in abundance of these frogs are largely unexplained. Although no leopard frogs were observed on the property during the field visit, leopard frogs have been observed in the area, and many occurrences are known from the area (CNHP 2011; Hammerson 1999). 4.2 Game Habitat The property lies within the overall ranges of game species including mule deer, American elk, moose, bighorn sheep, mountain lion, and black bear, all wild game species that are of economic importance to Eagle County and the State of Colorado, and that contribute significantly to the biodiversity of the region. • American elk. The property lies within overall range of American elk (Armstrong et al. 2011), and CPW maps the entire property as American elk winter range and severe winter range (Figure 6). Elk are expected to occur on the property occasionally. Severe winter range is defined as that part of the overall range where 90 percent of the individuals are located when the annual snowpack is at its maximum and /or temperatures are at a minimum in the two worst winters out of ten. The quantity and quality of elk winter range in the region is generally declining due to increasing densities of residential development in lower elevation agricultural valleys. Due to hunting revenues, elk are of significant economic importance to Eagle County and the State of Colorado, and contribute significantly to the biodiversity of the region. Approximately 43,480 elk were harvested by hunters in 2012 (CPW 2012b), generating large revenues both directly and indirectly for the state (more than 210,000 hunting licenses were issued and a total of 1,082,065 recreation days were provided). The elk population in Colorado was reduced to less than 1,000 animals in the early 1900s due to market hunting. Restoration efforts by CPW over the past several decades have resulted in a current elk population of approximately 280,000 animals statewide. • Mule deer. The property is important to local mule deer herds on a year -round basis. The property lies within CPW- mapped mule deer summer, winter range, and severe winter range (Figure 6). CPW also identifies the winter range on the property as mule deer critical winter range. Critical winter range areas are those parts of mule deer winter range that CPW considers of highest priority for protection from disturbance and development. Mule deer find good browse and cover in the property's variety of vegetation types, and excellent fawning habitat in the Colorado River corridor. Mule deer contribute significantly to the biodiversity of the region, and due to hunting revenues, mule deer are of significant economic importance to Eagle County and the State of Colorado. In 2011, 76,445 licensed hunters harvested 33,217 mule deer in a total of December 3, 2012 13 Rare Earth Science, LLC Present Conditions Report Red Dirt Creek Open Space Property 338,983 recreation days (CPW 2012c). The grantor observed numerous mule deer on the property during the past winter, including several large bucks. • Moose. The property lies within the overall range of moose mapped by CPW (Figure 6). There were no records of breeding populations of moose in Colorado until their introduction to the state in 1978 (Armstrong et al. 2011). Moose are relatively uncommon in the region, but may occasionally disperse through the property. The property's riparian areas provide attractive forage and a movement corridor for this important big game ungulate. • Bighorn sheep. Bighorn sheep overall range is mapped on the property by CDOW (Figure 6), and a CDOW- mapped bighorn sheep winter concentration area lies just east and northeast of the property. The property offers necessary components of bighorn habitat, including retreat areas and cover in steep, rocky outcrops, winter browse, summer grazing, and access to water. • Mountain lion. The property lies within the overall range of mountain lion, a wide - roaming species with a relatively large territory size requirement. Mountain lion can be expected to occur on the property occasionally, following the movements of mule deer, their primary prey. The property's riparian woodlands and topographic relief provide ideal cover and security for mountain lions moving through the area. • Black bear. The property lies within the overall range of black bear. The black bear is a wide - roaming species with a relatively large territory size requirement. Black bear are most likely to occur on the property during fall as they move out of higher elevation habitat looking for shrub nuts and fruits to forage, especially in the property's stands of mesic shrubs and riparian corridor. 4.3 Habitat for Other Wildlife The property provides habitat or habitat linkages for small animals with large home ranges moving across the surrounding landscape, including many shrubland- dependent neotropical songbirds whose populations are declining in all or parts of their ranges. Raptors such as golden eagle, red - tailed hawk, rough - legged hawk, northern harrier, great- horned owl, and American kestrel hunt for abundant small prey in the area. Great blue herons find good foraging habitat for fish and amphibians on the property's riparian corridor, and CPW maps the river corridor on the property as a great blue heron foraging area (Figure 6). CNHP documented nesting white -face ibises in the vicinity of the property; these relatively rare birds feed in wet meadows and marshes and nest in tall emergent wetland vegetation. Amphibians such as Woodhouse's toad, chorus frog, and tiger salamander likely inhabit the property's riparian areas and ponds. Small mammals such as coyote, fox, bobcat, beaver, badger, striped skunk, raccoon, cottontail, ringtail, porcupine, long- tailed weasel, chipmunks, squirrels, mice, voles, and shrews are known or expected to inhabit or visit the property and utilize its mosaic of habitat types. Several bat species are expected to occur as seasonal migrants or visitors on the property, roosting in cliff crevices and tree snags by day and foraging at dawn and dusk over the property's shrublands and riparian areas. Reptiles anticipated to occur on the property are western terrestrial garter snake, bull snake, smooth green snake, and sagebrush lizard. The Colorado River on the property supports an active trout fishery. December 3, 2012 14 Rare Earth Science, LLC Present Conditions Report Red Dirt Creek Open Space Property , A _ ,` 5 OPEN SPACE . -- The property provides scenic views ( °- and agricultural open space for the - '. benefit of the public (see Section 1.4 0* E` for a summary of the property's tk 6,44 : -. conservation values). The open space conservation value of the property is described in detail below and depicted in figures and .� "� ,, 1 documentary photographs following the main text of this report. . .' *; Documentary photographs were taken at the photopoints shown on Amtrak's California Zephyr line (a passenger t `, Figure 7. t ra i n) crosses the property daily (July 2012). . '"***1* 5.1 Scenic Characteristics The property possesses excellent scenic characteristics. The property's aesthetically - pleasing and harmonious array of shapes and textures, created its wooded uplands, cliff and canyon geologic features, and forested riparian corridor and riverfront, provides scenic enjoyment to the general public and contributes to the openness and variety of the overall landscape in the region. The property is visually accessible to the public from surrounding and adjoining public lands administered by BLM, to people recreating on the Colorado River, and to people traveling on Colorado River Road (see Photopoints 1, 2, 53, 54, 55, and 56) and Red Dirt Creek Road (public roads), or on passenger trains on the rail line that traverses near the property and crosses the south part of the property. An estimated 30,000 tourists view the property annually from Amtrak's California Zephyr line, which runs daily between San Francisco and Chicago, serving several major cities and towns in Colorado. Preservation of the property will continue to provide an opportunity for the general public to appreciate its scenic values, especially the scenic greenway created by the property's Colorado River corridor. 5.2 Agricultural Resources The property features irrigated pasture land and is capable of supporting livestock grazing with its irrigated pasture, native rangelands, and stock water resources. Preservation of the property's agricultural open space, if appropriately managed, is compatible with conservation of habitat for special concern species, as well as important habitat and seasonal range for important game species (Section 4). 5.3 Significant Public Benefit Preservation of the property under a conservation easement will yield significant public benefit because its open space provides a) scenic enjoyment for the general public, b) wildlife habitat at the site- specific level and habitat connectivity at the landscape level (see Section 4 and Figure 6), and c) preservation of agricultural lands (see Section 4 and Figures 3 and 5). Preservation of the property will continue to provide an opportunity for the general public to appreciate its scenic values, and is important for preserving regional resources with the potential to provide local food (livestock and wild game) and attract tourism to the area. A significant benefit to the public is provided by the conservation easement on the property December 3, 2012 15 Rare Earth Science, LLC Present Conditions Report Red Dirt Creek Open Space Property because of the strong likelihood that development of the property would lead to or would contribute to degradation of the relatively natural habitat and the scenic and rural character of the area. Open space (including relatively natural habitat, agricultural lands, and lands providing passive recreation opportunities), and scenic views are important resources that benefit the public by bringing significant hunting and tourism revenues to the State of Colorado and Eagle County. There is a foreseeable trend of population growth and development near the property. The Colorado State Demographer predicts that the population of Eagle County will double over the next 20 to 25 years. Eagle County encompasses the popular ski resorts of Vail and Beaver Creek, as well as a string of growing communities in the Interstate 70 (1 -70) corridor including Gypsum, Eagle and Avon. The property lies just 12 miles north -by- northwest of the Town of Gypsum and approximately 14 miles northwest of the Town of Eagle. Development of private properties in these towns has accelerated in recent years. A 2004 study by the Northwest Colorado Council of Governments indicated that 64 percent of Eagle County's economy was dependent on second homes. The property's proximity to the 1 -70 corridor and world -class ski areas, and its position as a large in- holding surrounded by scenic public lands make it an attractive development prospect for the second home market. Without protection, the likelihood of development of the property at a density which compromises the scenic rural character of the vicinity is high. 5.4 Consistency with Government Policy A conservation easement on the property is supported by policy at the federal, state, and regional /local levels: • Federal policy. At the federal level, a conservation easement on the property is consistent with the federal Farmland Protection Policy Act, P.L. 97 -98, 7 U.S.C. §4201, et seq., whose purpose is "to minimize the extent to which federal programs contribute to the unnecessary and irreversible conversion of farmland to nonagricultural uses, and to assure that federal programs are administered in a manner that, to the extent practicable, will be compatible with State, units of local government, and private programs and policies to protect farmland." • State policy. Colorado Revised Statutes (CRS) provide for the establishment of conservation easements to maintain land "in a natural, scenic, or open condition, or for wildlife habitat, or for agricultural [...] or other use or condition consistent with the protection of open land ..." [CRS §38- 30.5 -101]. The Colorado Wildlife and Parks and Outdoor Recreation statutes [CRS §33 -1 -101 and §§ 33 -10 -101], provide, respectively, that "It is the policy of the State of Colorado that the wildlife and their environment are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and visitors to this state" and that "It is the policy of the state of Colorado that the natural, scenic, scientific, and outdoor recreation areas of this state are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and visitors of this state." The Colorado Department of Agriculture Statutes [CRS §§ 35 -1 -101, et seq.] provide in part that "it is the declared policy of the State of Colorado to conserve, protect, and encourage the development and improvement of its agricultural land for the production of food and other agricultural products." The agriculture statutes provide that, "the soil resources and fertility of the land, and the ... prosperity of the farming population ... and December 3, 2012 16 Rare Earth Science, LLC Present Conditions Report Red Dirt Creek Open Space Property the waters of the rivers ... are matters affected with a public interest" [CRS §35-3 - 102(a)]. Furthermore, the "welfare of this state has been impaired ... by destruction of its soil fertility, by uneconomic use and waste of its land, by exploitation and wasteful ... use of its soil resources" [ §35- 3- 102(b)]. The Colorado Department of Transportation statutes [CRS §43- 1-401, et seq.], provide that the "preservation and enhancement of the natural and scenic beauty of this state" are of substantial state interest. The Western Governors' Association Policy Resolution 08 -21 supports "voluntary incentive -based methods for preserving open space, maintaining land and water for agricultural and timber production, wildlife and other values." • Regional & local policy. Regional & local policy. Resolution 2003 -097 (amended and restated by Resolution 2004 -015) provides for the establishment of the Eagle County Open Space Program, a Citizens' Open Space Advisory Committee, and an Eagle County Open Space Fund. The Resolution sets forth the purposes of the Open Space Program which include: 1) acquisition or permanent preservation of open space; and 2) management, maintenance of open space and associated natural, pastoral, wildlife, conservation or public access values of open space lands (Section 1.A.). Open space is defined by the Resolution as "an area of land that is primarily undeveloped, natural or pastoral in character, and which may possess values such as fish and wildlife habitat or migration routes; working farms and ranches; scenic landscapes and vistas; wetlands and floodplains or other riparian habitat; public access to rivers and streams or other lands open to the public; geographic or topograp hic formations," etc. within and throughout Eagle County (Section 2.D.1.). The conservation easement on the property will allow or satisfy each of these open space definitions. The Resolution provides that open space lands may be used for dispersed motorized or non - motorized recreation consistent with conservation values; "construction of trails for the purposes of public access and low impact dispersed recreation;" and "the construction of rustic camping or other rustic facilities in conjunction with low- impact dispersed recreational users" (Section 2.D.2.). The conservation easement on the property will satisfy each of these Resolution provisions. Resolution 2004 -015 is included in Attachment A. The establishment of a conservation easement on the property is also consistent with the following goals of the 2005 Eagle County Comprehensive Plan, which became effective on January 18, 2006 (relevant portions of the Plan are included in Attachment A): o Goal: The impacts of development in Eagle County are carefully monitored, and future development occurs in a manner that preserves a high quality of life, a diverse and sustainable economy, the area's scenic beauty, a healthy natural environment and a vibrant, well designed community (3.2). o Goal: Eagle County's infrastructure and community services support all present and future community needs and encourage efficient travel, healthy lifestyles, a stable economy and the preservation of environmental quality (3.5). o Goal: Preserve and /or enhance the quality of wildlife habitat, and the vitality of wildlife populations in Eagle County (3.7). December 3, 2012 17 Rare Earth Science, LLC Present Conditions Report Red Dirt Creek Open Space Property o Goal: Development in Eagle County avoids or fully mitigates impacts to sensitive lands. Open space is preserved to the greatest degree possible, and scenic quality and cultural resources are protected (3.8). The establishment of a conservation easement on the property is consistent with policies and strategies set forth in the 2005 Eagle County Comprehensive Plan, including the following: o The integrity, quality and interconnected nature of critical wildlife habitat in Eagle County should be preserved (3.7.2.a). o The well -being of wildlife species of economic importance should be actively monitored and protected (3.7.2.b). o The well -being of wildlife species of Tess economic importance and those on the rare and endangered species list should be actively monitored and protected (3.7.2.c). o Development in areas critical to the continued well -being of Eagle County's wildlife populations should not be allowed (3.7.3.d). o Development and development patterns should preserve landscapes that include visual, historic, and archeological value (3.8.3.c). o A variety of approaches should be utilized to preserve land as open space (3.8.4.e), including conservation easements and the transfer of development rights. o Open space should be able to serve different needs in different applications (3.8.4.f). o Appropriate access should be provided to public lands and rivers (3.8.4.g). 6 RECREATIONAL OPPORTINITES FOR THE PUBLIC The property abuts approximately 1.7 miles of the Colorado River (Figures 2 and 3), which receives regular and substantial float use by the general public for rafting and fishing recreational purposes. The CE Deed accommodates additional public use, including provisions specifically allowing public parking and river access, as well as primitive riverside camp sites. From the strategic perspective of the grantor, the trailhead parking, river access, and primitive camping opportunities to be ensured by the CE Deed will provide a significant increase in public recreational opportunities at approximately the mid -point of an approximately 45 -mile reach of the Colorado River between Dotsero (Dotsero Landing) and Burns (Derby Junction Landing) currently with very limited public access (Figure 1). The acquisition of this property to provide public recreation opportunities and river access points is supported by the citizens of Eagle County, as represented by the Citizen's Open Space Advisory Council, established by the Eagle County Board of Commissioners through Resolution No. 2003 -97 (amended and restated by Resolution No. 2004 -015), and authorized by the voters of Eagle County with County Ballot Referendum 1H. The provisions of the Resolution that support the property's recreational conservation value are explained in Section 5 of this report, under the "Regional and local policy" paragraph. The Resolution is included in Attachment A. December 3, 2012 18 Rare Earth Science, LLC Present Conditions Report Red Dirt Creek Open Space Property 7 REFERENCES Andrews, R. and R. Righter. 1992. Colorado Birds. Denver: Denver Museum of Natural History. 442 pp. Armstrong, D.M., J.P. Fitzgerald, and C.A. Meany. 2011. Mammals of Colorado. 2 Ed. Boulder, Colorado: Univ. Press of Co. 620 pp. Boyle, S. 2006. North American River Otter (Lontra canadensis): a technical conservation assessment. [Online]. USDA Forest Service, Rocky Mountain Region. Available: http: / /www.fs.fed.us /r2 /projects /scp/ assessments /northamericanriverotter.pdf [accessed on January 23, 2009]. Buehler, D. A. 2000. Bald Eagle (Haliaeetus leucocephalus). In The Birds of North America, No. 506 (A. Poole and F. Gill, eds.). The Academy of Natural Sciences, Philadelphia, and the American Ornithologists' Union, Washington, D.C. CDOW (Colorado Division of Wildlife). 2006. Colorado's Comprehensive Wildlife Conservation Strategy and Wildlife Conservation Plans. Denver: Colorado Division of Wildlife. Colorado Dept. of Agriculture. 2012. Noxious weed list. Available at http / /www.colorado.gov /cs /Sate/ lite/ Agriculture- Main/CDAG/1174084048733. CPW (Colorado Division of Parks and Wildlife). 2012a. Threatened & Endangered Species List. http // wildlife. state. co. us / Wild lifeSpecies /SpeciesOfConcern /Threatened EndangeredList /Pag es/ L. istOfThreatenedAndEndangeredSpecies .aspx. Updated December 21, 2011. CPW. 2012b. 2011 Elk Harvest, Hunters and Recreation Days for All Manners of Take. At http:/ /wildlife. state .co.us /SiteCollectionDocuments / DOW/ Hunting /BigGame /Statistics /2011 /2 011 StatewideElkHarvest.pdf. Updated March 17, 2012. CPW. 2012c. 2011 Deer Harvest, Hunters and Recreation Days for All Manners of Take. At CP1N. 2012b. 2011 Deer Harvest, Hunters and Recreation Days for All Manners of Take. At http:/ /wildlife. state . co.us /SiteCollectionDocuments /DOW /Hunting /BigGame /Statistics / 2011 / 2 011StatewideElkHarvest.pdf. Updated March 17, 2012. CNHP Colorado Natural Heritage Program). 2011. State -wide list of tracked species and communities. Accessed at http: / /www.cnhp.colostate.edu/ CNHP. 1997. Rare Plant Field Guide. Fort Collins, CO. CWMA (Colorado Weed Management Association). 2004. Troublesome Weeds of the Rocky Mountain West. 8th Edition. Eagle County Noxious Weed Control. 2012. Weed Information. Available at http: / /www.eaglecounty.us /Weeds /Weed_informationt. Hamilton, J.E. 2008. Conservation Easement Drafting and Documentation. 1 Edition. 'Nashington D.C.: Land Trust Alliance. 324 pp. Hammerson, G.A. 1999. Amphibians & Reptiles in Colorado. 2nd Ed. Boulder: Univ. Press of Colorado. 484 pp. December 3, 2012 19 Rare Earth Science, LLC Present Conditions Report Red Dirt Creek Open Space Property Kingery, H.E. (Editor). 1998. Colorado Breeding Bird Atlas. Denver: Co. Bird Atlas Partnership & Co. Division of Wildlife. 636 pp. Knopf, F. L. 1989. Riparian wildlife habitats: more, worth less, and under invasion. Pp. 20 -22 In: Mutz, K., Cooper, D., Scott, M. and Miller, L., editors. Restoration, creation, and management of wetland and riparian ecosystems in the American West. Society of Wetland Scientists, Rocky Mountain Chapter, Boulder, CO. NRCS (Natural Resources Conservation Service). 2004. Soil Survey Geographic (SSURGO) database for Aspen- Gypsum Area, Parts of Eagle, Garfield and Pitkin Counties, Colorado (dataset co655). Available at http : / /SoilDataMart.nres.usda.gov /. Rare Earth (Rare Earth Science, LLC). 2012a. ASTM E2247 Phase 1 Environmental Site Assessment, Nottingham Conservation Easement Property, Eagle County, Colorado. Prepared for Eagle County Open Space Department. DRAFT July 18. 50 pp. Rare Earth. 2012b. Mineral Assessment Report. Nottingham Conservation Easement Property (Eagle County). Prepared for Eagle County Open Space Department. July 17. Righter, R., R. Levad, C. Dexter. and K. Potter. 2004. Birds of Western Colorado Plateau and Mesa Country. Grand Junction: Grand Valley Audubon Society. 214 pp. Sauer, J. R., J. E. Hines, J.E. Fallon, K. L. Pardieck, D. J. Ziolkowski, Jr., and W. A. Link. 2011. The North American Breeding Bird Survey. Results and Analysis 1966 - 2009. Version 3.23.2011. USGS Patuxent Wildlife Research Center, Laurel, MD. Available at http://www.mbr-pwrc.usgs.gov/bbs/. USDA (U.S. Department of Agriculture). 2012. Colorado Basin Outlook Report, June 1. ftp: / /ftp- fc.sc.egov.usda.gov/CO/ Snow /fcst /state /monthly /borco612.pdf. Natural Resources Conservation Service. USGS (U.S. Geological Survey). 2012. Current Conditions for the Nation, National Water Information System: USGS 09070500 Colorado River Near Dotsero. Colorado. At http: / /waterdata. usgs. gov/ nwis /uv ?cb_00060= on &cb_00065 =on &format= gif_default &period =& begin_ date = 2012- 07 -08& end_ date = 2012- 08- 06 &site_no= 09070500 Weber, William A. and Ronald C. Wittmann. 2001. Colorado Flora: Western Slope. Third Ed. Boulder: University of Colorado Press. White, Clayton M., Nancy J. Clum, Tom J. Cade and W. Grainger Hunt. 2002. Peregrine Falcon (Falco peregrinus). In The Birds of North America, No. 660 (A. Poole and F. Gill. eds.). The Academy of Natural Sciences, Philadelphia, and the American Ornithologists' Union. Washington, D.C. Whitson, T.D. (Ed.) 2000. Weeds of the West. Ninth Ed. Newark: The Western Society of Weed Science, University of Wyoming. & Western U.S. Land Grant Universities Cooperative Extension Services. Yuhas, R. H. 1996. National Water Summary on Wetland Resources: Loss of Wetlands in the Southwestern United States. U.S. Geological Survey Water - Supply Paper 2425. December 3, 2012 20 Rare Earth Science, LLC Present Conditions Report Red Dirt Creek Open Space Property FIGURES December 3, 2012 Rare Earth Science, LLC USGS 1:100.000 Topographic Map Portion of Eagle County. Colorado. Mosaic -- -" " "" ° -- --) «— Effective Scale 1 .150.000 All Locations Approximate *Denver Land ownership and conser status dataset from ' * + ' `. Lavender. A E M M Fink. S E Linn. D Theobald 2011. � CO Ownership. Management, and Protection v9 Database • Grand Junction • Colorado t � `ii, , Colorado Naturat Heritage Program and Geospatial Centroid. Colorado State lJ` ersity, Fort Collins. CO (30 September). Springs .nrel colostate.eduiprojects /comae Derby Junction State of Colorado Landing !V'VHITE RIVER / NATIONAL FOREST y r }' i llil L f l I It - ' ay ,y -,.. : „ : 1 / ` P — , O q o e._ ?, .. i L III Red Dirt Creek property J Colorado River Ranch property BLM land I.___ I Bull Gulch Wilderness Study Area ! ° Ac . -„ National Forest land Dotsero / _ i -. —� Conserved private land • Q County line Y UM' ■,,p 0 1.25 2. 5 Miles x»3'- (� _- Colorado River Road I to- I i t 1 1 1 1 1 = Interstate 70 REGIONAL & LOCAL IftLyillf-RARE DATE: October 2012 EARIII SCIENCE LOCATOR MAPS FIGURE PO Box 41245 DRAWN BY: D. Reeder Paonia. Colorado 81428 RED DIRT CREEK OPEN SPACE 1 (970) 527 - 8445 PRESENT CONDITIONS REPORT www: rare earthscience cam Eagle County, Colorado USG 7. 5- Minute Topographic Map a, t ' # y ® Property Por of Eagle County, Colorado, Mosaic ,' " t Effective Scale 1:24,000 ' r , All Locations Approximate t 3 ° " �, " .. a 1° d �R Y. �,� "y •,,.� ^'fir ,,,, yy 4 . . r le ; ` a ...., ''' '''' ''''' - " Ni' 1 ''. ..;" ,,-- ,, ' / ;i:'‘'#f**.. 1/414'3:',..ka."'"';'':'.e.:,;:::)?, '' '''''''4,..'..' ' 4 �� g �� � � ' -' , ,‘ , y ...... ,,,,,,,,, , ' ,','??}}� tai ,"� , �"'+."`+ � .. ... T� �,*�� . 7-.,..........„.„,--_,, N ,._.. .. , a F j )„....,.„. ../ y f d j 1 ,r--. ,,,, . ....::,..:.,..,,,..„,_....„--..„-: ..- ,,,,,, , ...., Range; ' x . c , F - r .- . ' 0 0.25 0.5 1 Mile L V I E EAaTN SCIENCE TOPOGR APHIC MAP FIGURE DATE: October 2012 PO Box 1245 DRAWN BY: D. Reedtr Paonia, Colorado 81428 RED DIRT CREEK OPEN SPACE 2 (970)527 PRESENT CONDITIONS REPORT 1 www.rareeartl,sc,ence.com I Eagle County, Colorado I ' National Agricultural Imagery Program y ^ <f G . Property Portion of Eagle County, CO, Mosaic (2011) # t, Colorado boundary Rrver Raa '' Approximate Scale 1:11,000 ., r r . All Loc ations A NOT A SURVEY a fl.+ r < m � a k d , "�` s I � ? '� . yam �� '" �. a . r t . y p,.� ` i . . {5 ,,,,., 4� q x . -. ." -- y - . xi,— ....4r,,,irr itt* '1 4-."te,...-- , 4,,•-t. It-1r `" = 'T{a* N ., > + -..a1,9, 4 ' ` s ir ''R ! , `i �� .'� ' � - l ± of "� "* t ��, �.I � :� � J, �, . � -x `�, sr •ylI^ � K. °� ;t - ' � : t �� �' f 5 'yy r Y � t *` ' �' ry � � „} � , \ • -� s s ,,,�i ' }.r�� +t., YS)7 ' � f � , F .`" t ' M. : , 1r '� i ” a{ 7. 3Ai r Y # .,,,,,,........,, � # 1.4.e.. � '+ � ,s,41-,,,,,;;;;,,,. � + "," .8— `� � .e..., r � Aa' 4::,. , d+ ,y,. iil i t "...'4' ' -'.' 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Reede Paonia, Colorado81428 PRESE CONDIT RE PORT dawn(d�rereea Eagle County, Co National Agricultural Imagery Program d t, a <, Portion of Ea County, GO, Mosaic (2011) � '' + ° °` " s `' ' cv Approximate Sc ale 1:11,000 . . x All Locations Approximate 1 'M, a }'fit .i$3 ad w #w Property boundary ak "�r 104 t Agricultural Signifi nce a ca ' ,d . ° , 7A Prime farmlan d if irngat „, Mapped Soil Units 5 1 to 12 percent slop P a 6_ Almy loam, es* �' ` 25. Cushool -Re itsac complex, 15 to 6 p •m= ' t 49. Goslin fine $. andy loam. 3 to 6 percent slopes � 1=� r 55. Gypsum Iand- Gypsiorthids complex. 12 to 65 percent slopes 92. Redrob loam, 1 to 6 percent slopes,: .`e* " „ : „ ., ,,, flit,..1,.,, f„,,,,,,:‘,, 104. Torriorthenls- Ca -Rock outcrop complex.6 to 65 percent 105. Torriorthens -Rock outcrop complex, 45 to 95 percent slopes ,. R "' ' . 115. Yamo loam, 6 to 12 percent slopes [ ` ,�' ; 1� 120. Water r q : t -✓ a ,,, , \ -,1,,. . . 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Reeder Paonia, Colorado 8 1428 RED DIRT CREEK OPEN SPACE 4 (970) 527 8445 PRESENT CONDITIONS REPORT dawnOrareearthsc Eagle County, Colorado National Agricultural Imag Program Wry ; r r , rL Property boundary r 4 1 0 Portion of Eagle County, CO, Mosaic (2011) 5 > a .. w � 2+- Approximate Scale 1:11,000 �+ r r ' ' ; �� S1 �, , w z All Locations Approximate NOT A SURVEY j " x r r • t 041 = E i x # .4 , • °° } Riparian cornd•'t 1; ti. ° "+ ;gal •. art" ' Sage shrub : a' ``� b?inyon- Juniper w ° ,,. ated pastur , . b1. ) ' er montane mixed cont. rwtio.ta : e r r = '' " '° n water (Colorado River) ` F- ` eral , + p Historically irrigated area "G . r .,, � w'ti� A*" r a y * ` ' � t 4 *�,19y, tr . ms s q�$g .„ , 4 1 . ‘,.4 + •! M e' ' � "" r ' R � -". x i "F `" 1LL • Y • FH f" W ' f R ls� " . ° I . i 5 ... AN w . -'...'1,,l'-g."Aiw41 4 ., . .. ..,\, .„ ,::, , . ,. . ......._ e,- , ...,, ... .:.,,,.„.. , . :• • '` e t aks',. 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Reeder Paonia, Colorado 81428 RED DIRT CRE OPEN SPA (970) 527 8445 PRESENT CONDITIONS REPORT dawn@rareearthscience.com Eagle County, Colorado Bighorn Sheep �� , Mule Deer & Moose Q Pro ert 3 'a � P Y ' , , , , Property 9 Overall range � �g ` ,4, Mule deer - Summer range (entire map area) Winter range f.;f r ? ° r! r,' , .,,,,\N Mule deer - Severe & critical winter range Winter concentrations r '' „ - Mule deer - Winter range ® Summer range , ' o *-- Moose overall range ,, .. „, ,,...„ , ,,,,,,,,,,,,, , ,,,,, „„ 0 „ :„:„.,..,,,,,.,„,. , •.„:„,r„,,,,,,,,,,,,,,,,„:„. ., ..,. _,,„....„.; „,,..,.. . ,„, ..,...,,,...,_,,.,,,,,...„„„,..,,,,„,,,„„.•,..„,.. „,,,„..,„,„,„,. ,,,,..,..,„,,,,,„...„.....- , ,..,,,,,,,..„ 3 ,,, . r' -% '.."1 .:' , - gem A ga " a!tigiuce y Ik , ` ' p s i% P ` ?ff American Elk , River Otter & Selected Birds Q Property .'" 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CO 200? 03519 TEAK J SIHONTON 05:45:04PH 02/07/2007 P REC: 50.00 DOC: S t ' l 0 • Commissioner f7 _ -' moved adoption of ' following Resolution: BOARD OF COUNTY COMNIISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2004- 4/ RESOLUTION APPROVING THE AMENDMENT AND RESTATMENT OF RESOLUTION NO. 2003-97 RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF THE. EAGLE COUNTY OPEN SPACE PROGRAM, CMZENIP 01121 SPAM ADVISORY COMMITTEE AND EAGLE COUNTY OPEN SPACE FUND WHEREAS, on August 19, 2003, a resolution (Resolution No. 2003 -97) providing for the establishment of the Eagle County Open Space Program, C' Advisory ommittee and Eagle County ry gl ty Open Space Fund was previously adopted by the Board of County Commissioners, County of Eagle, State of Colorado; and WHEREAS, it was discovered that the previously adopted Resolution did not reflect the correct number of Committee members to constitute a quorum necessary to take action and transact business; and WHEREAS, it has been discovered that certain paragraphs in the previously adopted Resolution are poorly drafted and said paragraphs should be re -written for clarification so as not to be ambiguous or confusing to the reader; and WHEREAS, amending and restating Resolution 2003 -97 is necessary for the public health, safety and welfare of the citizens of Eagle County, State of Colorado; and WHEREAS, this Amended and Restated Resolution is intended to, and shall, supersede and replace in its entirety Resolution 2003 -97; and WHEREAS, on November 5, 2002, the voters of Eagle County approved County Ballot Referendum 1H which provides for an increase in county taxes (herein referred to as the "Open Space Tax ") to establish earmarked funding for the purpose of acquiring, maintaining, or permanently preserving Open Space in Eagle County; and WHEREAS, the purpose of Referendum IH includes goals such as preserving wildlife habitat, protecting working farms and ranches, conserving scenic landscapes and vistas, protecting wetlands and floodplains, and providing public access points to rivers and streams and servicing future voter approved debt for the above stated purpose; and WHEREAS, Referendum 1H provides that all proceeds of the Open Space Tax and icvestment income thereon shall be expended by the Eagle County Commissioners (hereinafter referred to as the `Board ") for open space preservation purposes after considering the recommendations of a Citizens' Advisory Committee; and WHEREAS, in addition to the Open Space Program authorized directly by , Referendum 1H, Eagle County may, through direct county action, or in partnership with land; trusts, state or federal agencies or other qualified land conservation organizations or entities, acquire and maintain open space through donation, bequest, devise, dedication, or purchase, using funding sources other than Referendum 1H, pursuant to Colorado Revised Statute 30-11 - 101, or by other means available to the county; and WHEREAS, in furtherance of the purposes of Referendum 1H, and to provide for an orderly program and process for the implementation of Referendum 1H and management and protection of other open space in Eagle County for the benefit of present and future generations, it is hereby determined appropriate and in the public interest to establish: (1) an Eagle County Open Space program; (2) an Eagle County Citizens' Open Space Advisory Committee and (3) an Eagle County Open Space Fund. NOW, THEREFORE, BE IT RESOLVED BY THE; BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, as set forth and described below, there is hereby established: 1. An Eagle County Open Space Program. 2. An Eagle County Citizens' Open Space Advisory Committee. 3. An Eagle County Open Space Fund. Section 1. Eagle County Open Space Program. A. Implementation of program: In order to provide an administrative structure for acquiring, maintaining or permanently preserving Open Space in Eagle County, and the implementation of Referendum 1H, there is hereby established the Eagle County Open Space Program (hereinafter referred to as the `Program "). The purposes of the Program shall include, but are not limited to: 1. The acquisition and/or permanent preservation of Open Space by Eagle Co inty or the County in partnership with other public or private entities, for inclusion in the Open Space Program, utilizing funding sources or authorities other than Referendum IH including acquisitions by donations, bequests, devise, dedication, or purchase, pursuant to Colorado Revised Statute 30 -11 -101. I 2. The management„ maintenance, or preservation of associated natural, pastoral, wildlife, conservation or public access values of landsse nservari n easements or other interests in lands acquired by the county, alone or in association with other entities. 3. The monitoring of any lands, conservation easement, or other interests in land acquired and held by the county, alone or in association with other entities, and the enforcement of any terms, conditions, covenants, easements or other provisions pertaining to the Open Space preservation of any lands, conservation easements or interests in lands so acquired and held. B. Administration n_f Open Space• 1. Lands, conservation easements or other interest in land acquired by Eagle County pursuant to the authority of Referendum 1H, or other federal or state authority, shall be managed to maintain or permanently preserve and protect the open space and associated natural, pastoral, wildlife, public access or other public values for which the land was acquired or received by the County, in accordance with rules and regulations to be promulgated by the Board. 2. Where it is determined appropriate and in the public interest, a qualified entity, such as a land trust, non-profit or g administration, state or federal agency, or unit of oc govei„iuent in Eagle County ma be _ allowed by the County to hold and administer County acquired o en y acquired property may be transferred to a qualified entity, pace. y r n, County permanent and non - revocable reversion ty providea d the County retain n a reversionary interest in the land, conservation easement, or other interest in land that shall enable the County to resume administration or have the lands transferred back to the County in the event the administering entity ceases to exists or fails to properly administer the land designated by the Board for open space purposes. 3. Lands, conservation easements or other interests in land which are designated by the Board for permanent preservation in the Open Space Program shall remain in the Program in perpetuity unless: i) the lands or conservation easements or other interest in land is transferred to a qualified entity under paragraph (B)(2) of this resolution; or ii) a sale, conversion, exchange, or other transfer of the land, conservation easement or other interest in land is approved by a majority of the Eagle County electorate at a general election or special election called for such purpose. Notwithstanding the foregoing, any lands, conservation easements nor other interest in land acquired by the County in partnership with other entities, units of government, or other appropriate parties, may only be authorized for sale, conversion, exchange or other transfer if such action is allowed for in the instrument under which the land, conservation easement or other interest in land was conveyed to, or acquired by the County. 3 C. Amendment of Resolution: The Board may amend or modify this Resolution or any condition or provision contained herein if the Board determines and declares that amending or modifying this Resolution is neces, ary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. Section 2. Establishment of the Eagle County Citizens' Citizens' Open Space Advisory Committee. A. Committee responsibilities and jurisdiction: The Eagle County Citizens' Open Space Advisory Committee (hereinafter referred to as the "Open Space Advisory Committee" or "Committee ") is hereby established to recommend to the Eagle County Board of County Commissioners for the Board's adoption, criteria to prioritize the selection of eligible lands for Open Space Acquisition and on any and all matters pertaining to the Eagle County Open Space Program. The Committee shall be an advisory body to the Eagle :"."ounty Commissioners and shall make recommendations to the commissioners on matters pertairing to the County's Open Space Program and utilization of the Open Space Fund. Notwithstanding, the Committee shall terminate upon the exhaustion of the Open Space Fund. 1. A Citizens' Open Space Advisory Committee shall be appointed by the Board within ninety (90) days following the Board's adoption and approval of this resolution. The Committee shall consists of fourteen (14) citizen members, who shall be full - time residents of Eagle County and shall be nominated and appointed in the following manner: a. Seven (7) individuals shall be nominated, for the Board's consideration, by the Town Councils of Red Cliff; Mintum, Vail, Avon, Eagle, Gypsum and Basalt. In addition, the Edwards Metropolitan District, Berry Creek Metropolitan District, Lake Creek :Metropolitan District and Arrowhead Metropolitan District (hereinafter collectively referred to as the "Metropolitan Districts ") shall collaborate and compile a list of perspective candidates and then forward said list to the Board. The Board shall appoint seven (7) individuals from the above -named towns that were either nominated or not and one (1) member from the Metropolitan District's list to serve as a member on the Citizens' Open Space Advisory Committee. Persons nominated by the above -named Town Councils shall not be paid employees of their respective governing entities. Notwithstanding, elected members may be nominated to serve on the Citizens' Open Space Advisory Committee. If any of the above named governing entities fails to nominate an individual within thirty (30) days following the Board's adoption and approval of this resolution, the Board shall then appoint a member who is a resident of the Town/District. b. The Board shall appoint two (2) members each from their respective Districts who are from unincorporated Eagle County. The Board will make every effort to appoint a member in the business of ranching or agriculture and from the Roaring Fork 4 • r r Valley. c. If an unincorporated area incorporates as a municipality after the P tY a enactment of this resolution, the new municipality may be entitled to nominate an individual for appointment to the Citizens' Open Space Advisory Committee, with an adjustment of the size of • the Citizens' Open Space Advisory Committee, as determined appropriate by the Board. 2. Members shall serve staggered three -year terns. Dates in which the terms of the members shall commence will be determined once the Board has made its appointment. When a person is appointed to fill out the term of a departing member, that person's term shall end at the time the departing member's teen would have ended. The Board shall identify the term of each member at the time of appointment and members may be reappointed to successive terms. Members shall serve at the pleasure of the Board of County Commissioners. 3. Members 0h811 not be compensated for their services, but may be reimbursed for expenses actually incurred in the performance of their duties in accordance with Eagle County policy. 4. The Citizens' Open Space Advisory Committee shall provide a recommendation of approval or disapproval to the Board of County Commissioners for all expenditures from the Open Space Fund of all the open space preservation projects and proposed parcels based on established criteria. The Citizens' Open Space Advisory Committee shall present their recommendations to the Board on a schedule to be determined by the Board. 5. Members of the Citizens' Open Space Advisory Committee shall be subject to state law relating to conflicts of interest of public bodies. In addition, a member shall be prohibited from voting on or participating in applications for purchase of lands, conservation easements, or other interests on land adjacent to property in which he or she has an ownership interest. Said conflict must be disclosed by the Citizens' Open Space Advisory Committee member as soon as the member becomes aware of the potential conflict. 6. The Citizens' Open Space Advisory Committee shall convene a minimum of twice a year for the purpose of reviewing applications, in preparation of making and sending their written reconunendations to the Board of County Commissioners concerning expenditures from the Open Space Fund and for performing its other functions under this resolution. The Board shall determine the time schedule for submission of the written recommendations by the Committee. Moreover, the Board will make every effort to set a time schedule for submission of written recommendations to coincide with the funding cycle for the Open Space Tax. 7. Within one hundred and twenty (120) days after its appointment, the Open Space Advisory Committee shall recommend to the Board of County Commissioners for the Board's adoption, criteria to prioritize the selection of eligible lands. Criteria for prioritization shall include, but not be limited to: identification and ratings of conservation 5 V- values, gvatity of the resource, property size large enough to protect conservation values, which ( shall lbe identified, contiguity to existing or likely to be protected properties, vulnerability to development, percentage of the value of development rights donated by the owner, leveraging of other funds, and the cost of the lands, conservation easement or other interests to be likely �r acquired by the County. In addition, the Citizens' Open Space Advisory Committee should incluc a if the eligible lands are recommended to be permanently preserved as open space or maintained as open space for a fixed amount of time. 8. The Citizens' Open Space Advisory Committee shall comply with all requirements of the Open Public Meetings Act (C.R.S. § 24-6 -401 et seq.,) applicable to local public bodies as defined in that Act, as well as any applicable resolutions of the Board. 9. Recommendations to the Board of County Commissioners from the Citizens' Open Space Advisory Committee shall only be in an advisory capacity. 10. All members appointed to the Citizens' Open Space Advisory Committee shall attend all committee meetings, unless excused by the Citizens' Open Space Advisory Committee Chairperson. Notwithstanding, unexcused absences from two or more mectin.gs during a calendar year may result in termination of the member's service on the Citizens' Open Space Advisory Committee. B. The Citizens' Open Space Advisory Committee's responsibilities may include:: 1. The development of specific Open Space Projects' mission and the evaluation criteria and standards and procedures for evaluating open space projects and project funding requests as provided for in this resolution. 2. Recommendations for annual or multi-year funding for individual open space protection projects or proposals, including recommendations for voter approved bonding or other borrowing authority or other funding mechanism. 3. Recommendations for collaborating with federal, state and other governments, non -profit or private organizations or individuals or corporations on open space protection efforts or projects. 4. Recommendations for education or other efforts to foster public awareness and understanding of the Open Space Program. 5. Recommendations to the Commissioners pertaining to open space management and administration. 6 �5 C. Citizens' Open Space Advisory Committee Organization: 1. The Committee shall elect a chairperson, vice chairperson and such other officers as it may determine appropriate at the committee's first regular meeting of the year and they also may establish sub - committees to assist the committee in performing its authorized duties and responsibilities. Officers may serve not more than two consecutive one -year terms in the same office. 2. The Eagle County Community Development Department shall be the professional staff of the Citizens' Open Space Advisory Committee. Notwithstanding, it is understood that in order to provide an administrative structure for acquiring, maintaining, or permanently preserving Open Space in Eagle County, various other Eagle County departments (i.e., County Engineer, GIS, County Assessor, County Clerk and Recorder and County Treasurer) may be needed to assist from time to time, 3. The Committee shall keep minutes of all meetings that shall be promptly recorded, and such records shall be open to public inspection. The minutes of a meeting during which an executive session authorized under C.R.S. § 24- 6- 402(4) is held, shall reflect the topic of the discussion at executive session. The minutes shall be prepared by a representative from the staff of the Eagle County Community Development Department and presented to the Committee for approval. Approved minutes shall be maintained as public records as the Board determines appropriate. 4. The Committee may adopt such policies, as it deems appropriate concerning the operation of the Committee and Open Space Committee meetings as long as such policies are consistent with the applicable State of Colorado and Eagle County Government requirements. The presence of seven (7) or more members of the Committee shall constitute a quorum necessary to take action and transact business. All actions shall require a simple majority vote of the quorum. If a committee member is recused from consideration of any matter due to a conflict of interest, such member shall nonetheless be considered present for the purposes of maintaining a quorum. D. Definition of "Open Space" and "Open Space Maintenance or Preservation ": l . Open Space: As used in this resolution, and for purposes of the Open Space Program, the terms `open space" or "open space lands" shall mean an area of land that is primarily undeveloped, natural or pastoral in character and which may possess values such as fish and wildlif habitat or migration routes; waking farms and ranches; scenic landscapes and vistas; wetlands, floodplains or other riparian habitat; public access to rivers and streams or other lands open to the ublic; geographic or topographic formations; rare or significant flora or fauna; cultural or historic values; or other natural or open space values. Notwithstanding, "open space" or "open space lands" may include lands, which can be restored. to a primarily undeveloped, natural, or,pastoral character if such restoration has been approved as part of an officially adopted Eagle County or municipal plan. • I , 2. Open Space Acquisition, Maintenance or Permanent Preservation: As used in this resolution, and for purposes of the Open Space Program, the terms open space "acquisition," "maintenance" or "preservation" shall mean the retention and management of open space acquired by the County to maintain or preserve the open space and conservation values for which it was acquired, with the land remaining primarily in the undeveloped, natural or pastoral charac ter existing as of the date of acquisition. The natural values of open space lands may be rehabilitated or enhanced through water, soil, fish, wildlife, or other conservation techniques. As determined appropriate for an individual open space parcel, and if in accordance with the instrument of acquisition or conveyance, open space lands may be used for the following: • • Dispersed motorized or non - motorized recreation including hiking, hunting, fishing, horseback riding, nordic skiing, mountain biking, snowmobiling or other off-road vehicle use of a low impact and dispersed nature that is consistent with conservation values; or • The construction of trails for the purposes of ubp_ lie access and low impact dispersed recreation; or • The construction of rustic camping or other rustic facilities (i.e., huts, shelters, etc.) in conjunction with low - impact dispersed recreational uses. However, open space lands shall not be used for the construction or operation of developed recreational facilities such as golf courses, athletic fields, motorized vehicle tracks, equestrian facilities or other developed facilities for non - dispersed types of recreation. Section 3. Establishment of Eagle County Open Space Fund. A. Fund and Purposes: There is hereby established the Eagle County Open Space Fund (hereinafter referred to as "the Fund "), which shall consist of, a separate account in the Eagle County Treasury. All monies derived from the Eagle County Open Space tax shall be deposited into the Fund, together with all interest or other earnings thereon and shall be earmarked and restricted to the acquisition, maintenance or permanent preservation of Open Space. The Fund may accept donations, contributions from private, or other funding sources to assist the Open Space Program, and nothing herein shall be constructed to prohibit Eagle County Board of County Commissioners from contributing to the Fund from time to time, if they deteririne it appropriate and in the public interest. THEREFORE, the Board of County Commissioners finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the 7,ounty of Eagle, State of Colorado. 8 M ( MOVED, READ AND ADOPTED by the Board of County Commissioners of h e County of Eagle, State of Colorado, at its regular meeting held the , -37-7,-, _ day of , J 2004. COUNTY OF EAGLE, STATE OF ,. t * COLORADO, By and Through Its ATTES - • c oL0aNc ° BOARD OF COUNTY COMMISSIONERS B ... . By: Clerk to the Board of 6,_) Tom C Stone County Commissioners Chairm. • 0 / By: , - ___�/ Mic . . 1 L. Gallagher r Co', to . sioner By: ' " Arn M. Menconi Commissioner / ,- Commission _� ,,.,, / seconded adoption of the foregoing resolution. The roll having been called, then, a was as follows: Commissioner Tom C. Stone ? I. y'.:,, Commissioner Michael L. Gallagher 72.• Commissioner Arn M. Menconi 74 - ,,• This Resolution passed by ,4„,t , , vote of the Board of County Commissioners of the County of Eagle, State of Colorado. G \WM\Amendment to Resolution openspace 1 -20-04 DOC 9 0 1111•11E1 1. um NJ r " ,� t Eagle County Comprehensive Plan Eagle County, Colorado Adopted: December 7, 2005 Effective: January 18, 2006 Prepared by Eagle County Community Development 500 Broadway P.O. Box 179 Eagle, Colorado 81631 3.2 General Development Goal: The impacts of development in Eagle County are carefully monitored, and future development occurs in a manner that preserves a high quality of life, a diverse and sustainable economy, the area's scenic beauty, a healthy natural environment and a vibrant, well designed community. 3.2.1 Ba kgr,nri informatior Please ref r to the following links to gain a better understanding of the issues related to General Development: Colorado Department of Local Affairs, State Demography, County Population Projections Governor's Office of Energy Management and Conservation, Rebuild Colorado Program Urban Land Institute American Planning Association Colorado S stainabili Pro "ect Inc. 3.2.2 Qu lity of Life Policies: a. Those attributes that support quality of life options unique to Eagle County today should be preserved for future generations Nearly all development issues are associated with the pursuit and protection of a positive quality of life. "Quality of life" is a term typically used to describe physical and economic satisfaction, and is often associated with adequate wealth, health, and comfort. Quality of life can also include emotional fulfillment and personal satisfaction (or dissatisfaction) with the cultural or intellectual conditions under which one lives. As such, quality of life may have as much to do with one's mind and its perceptions as it does with day to day physical experiences; as much to do with the culture of an area as it does with the physical environment. It is likely that the physical realities of a beautiful mountain environment, world -class recreational amenities, a great climate and a robust economy initially draw people to Eagle County. For many, enjoyment of the life style provided by these characteristics is the primary reason they decide to become fulltime residents. In addition, the small town atmosphere, quiet living, neighborliness, opportunities for a "connection" to nature, clean air and water, abundant wildlife, and a broad spectrum of cultural and educational events and activities all add significantly to the quality of life choices available in the County. These attributes, plus easy access to the cities of Glenwood Springs, Grand Junction and Denver, create a truly rich and wonderful place to call home. This may be why residents who do not ski, do not bike, and do not hike or raft or fish seem to appreciate Eagle County as much as those who do. Every person has their own definition of what is important in their lives. The physical conditions, amenities and experiences that contribute to a person's quality of life in Eagle County has changed considerably over the past 30 years. Many of the living experiences enjoyed by residents 40 years ago in Eagle County are not available to residents living here today. On the flip side, there are many quality experiences now available that the original homesteaders could not have even dreamed of. In 1 the face of booming growth, the decisions that face local officials now often relate to which of the many quality of life characteristics currently available to visitors and residents should be preserved for future generations. now in the Town of Avon, and the Town of Gypsum is contemplating a similar development. These facilities can be highly attractive to towns that depend on sales tax as their primary source of income. While Eagle County can benefit from the more competitive retail pricing that results from these facilities, it should take steps to reduce the negative impacts that Big Box developments have brought to other communities. Given the amount of traffic and people generated, Big Box developments should be clustered with other existing or planned automobile- oriented uses in appropriate zone districts along major thoroughfares. The most logical placement of Big Box developments in Eagle County is within existing Towns or community centers. Infrastructure should be accessible and adequately sized, and the cost for all on- site and off -site supporting infrastructure should be borne by the developer. From a quality of life standpoint, traffic is a primary concern. Detailed traffic assessments should be required for all large scale commercial developments. Potential negative impacts to local roads and to existing residential neighborhoods should be identified and avoided. Bus service, intersections, and pedestrian linkages should be planned in advance and carefully coordinated Big Box and retail warehouse developers typically try to use the company's stock floor plans and elevations, which can conflict with community character and local design standards. Eagle County Government and Town Governments should establish design guidelines for Big Box retail developments, which will provide minimum standards and the opportunity for negotiation on site layout and structure facades The maintenance of an equitable economic environment should be a priority in Eagle County, and the developer of a Big Box facility should be required to demonstrate how smaller local businesses will be protected. Big Box development should not be located within industrial zone districts, as these areas and their allowed uses are important to the County and Towns as they try to increase wages through diversification of the economy. The impacts resulting from big box retailing occur across jurisdictional boundaries. Eagle County Government and Town Governments should consider joint review of such regional facilities, and perhaps develop Intergovernmental Agreements or other such partnerships to better ensure an appropriate analysis and review of large scale commercial projects. A regional fiscal and environmental impact assessment should be required. Coordinated efforts will maximize overall benefits and reduce overall costs. In addition, a coordinated effort would help eliminate "jurisdictional shopping" by developers. Policies: j. Agricultural land uses should be retained to preserve Eagle County's historical heritage and scenic quality for the benefit of future generations. k. Timber harvesting and mining should be recognized as viable economic activities, so long as negative social, cultural and environmental impacts are appropriately mitigated. I. The important contribution to the local economy from hunting should be recognized and incorporated into the decision making process when appropriate Agriculture The presence of working ranches with pastures, fences, grazing livestock and clustered agricultural buildings, provides a connection for people to Eagle County's cultural heritage, and helps preserve the open spaces, scenic quality and wildlife habitat considered precious by locals, second homeowners, and tourists. Ranching, however, is a difficult business. Agricultural markets are increasingly competitive, and the value of ranching and farm products has dropped. When compared to the County's surging tourism and second home development business, the contribution of agriculture to the overall economy has lost considerable significance during the past several decades. i i i Across the United States, agricultural land is becoming an increasingly diminished resource. Since 1992, more than 2 million acres (some 270,000 acres per year) of Colorado farm and ranchland has been taken out of production, converted in most cases to other uses. Once the decision is made to convert agricultural land and /or water to nonagricultural uses (commonly to residential or commercial development), this resource is irretrievably lost. There are many trends prompting agricultural land conversion, including rising land values, the estate tax, encroaching urban influences, fragmentation of existing farmlands, and the state subdivision law known as Senate Bill 35. Regardless of the reasons, Eagle County and the State may continue to loose significant amounts of ranch land in the coming years. A key to preserving agricultural lands is maintaining a healthy agricultural economy. While there is little that the County can do to influence regional agricultural markets, local Government should work with ranch owners to identify their needs and to develop local programs or policies to assist them in reducing operational costs. Also, the County should continue to encourage and promote agricultural enterprises and activities in Eagle County. The Eagle County Fair Grounds facility is an exemplary resource which should be made available to the ranching community for related cultural events. Other opportunities should be created for agricultural landowners and their property. A provision for Clustered Developments would allow some residential development to occur on ranches, providing profit for the owner, with the caveat that agricultural uses continue on the remainder of the property. The use of Conservation Easements should also be utilized to encourage landowners to sell the development rights from their land while retaining ownership and full rights to ranch or farm for profit. The owner receives appropriate compensation for the development rights, open space and water rights are preserved at a cost below market value, and the land continues to be worked and maintained for agricultural purposes. The working property remains on the county tax rolls - a benefit to the County - although it's taxable value is considerably Tess - a benefit to the owner. Recently, Eagle County voters have taken measures to preserve open space and agricultural lands by choosing to tax themselves for dedicated funds. The Eagle County Open Space Program was initiated in 2003, with property tax funds first available in 2004. To date this program has set aside open space in the Berry Creek/Miller Ranch Planned Unit Development, on the Eaton Ranch west of Edwards and has contributed to the purchase of a conservation easement on the Bair Ranch at the eastern mouth of the Glenwood Canyon (on the County's western border). Notwithstanding Eagle County Government's continued backing of agricultural preservation and activity, it is recognized that there are types and intensities of agricultural use that can have detrimental impacts on land, water and the environment if the owners do not practice environmentally conscientious land stewardship techniques. The Comprehensive Plan recognizes these potential conflicts, and the responsibility of Eagle County Government to carefully balance support for agriculture with the need to protect the health, safety, and welfare of its residents and its environmental quality. Forestry and Timber Harvesting The 2002 Revised White River National Forest Land and Resource Management Plan (Forest Management Plan) identified areas in the county appropriate for timber harvest. These do not include areas designated or recommended for wilderness or areas designated or recommended for wild and scenic rivers status. Many forested areas are healthy. Others are in poor physical condition and susceptible to wildfire or insect infestation. Many of the County's lodgepole trees have fallen victim to the pine beetle in the past decade. Some level of timber harvesting within affected areas has already begun, and continued management should be encouraged to both maintain the health of the forest and to diversify the economy of Eagle County. In the Forest Management Plan, mitigation measures are required when timber - harvesting activities create potential impacts on water or air quality, wildlife, or the scenic and recreational enjoyment of the forest. This same level of protection should be required on private property. The Eagle County Land Use Regulations should be amended to require a Special Use Permit for timber harvesting on private lands, thus assuring appropriate analysis, studies and mitigations. Infrastructure & Se Goal: Eagle County's infrastructure and community services support all present and future community needs and encourage efficient travel, healthy lifestyles, a stable economy and the preservation of environmental quality. Please refer to the following links to gain for issues related to Infrastructure & Services. Transportation: State of Colorado, Department of Transportation 1 -70 Programmatic Environmental Impact Statement Eagle County Engineering Department Eagle County Regional Transportation Authority Roaring Fork Regional Transportation Authority Eagle County Trails Committee Emergency Response: State of Colorado, Department of Public Safety State of Colorado, Department of Public Safety, Division of Fire Safety State of Colorado, Department of Public Health and Safety, Emergency Medical Services Section Eagle County Emergency Management Department Recreation: Eagle County Recreational Web Links ECO Sports Vail Recreation District Western Eagle County Recreation District Crown Mountain Recreation District Education: State of Colorado, Department of Education Eagle County Educational Web Links Roaring Fork School District RE -1 Eagle County School District RE -50J Human Services & Facilities: State of Colorado, Department of Public Health and Safety, Health Facilities Division State of Colorado, Department of Human Services, Division of Child Care Eagle County, Department of Health and Human Services Environmental Protection Agency, Office of Groundwater and Drinking Water State of Colorado, Department of Public Health and Environment, Water Quality Control Division, Drinking Water Program Senior Services & Facilities: Eagle County, Department of Senior Services construction most feasible. Housing developments are often found directly adjacent to riparian areas, as these sites are easy to access and are valued for their aesthetics. Industry in the form of mining and manufacturing has also affected the quality of local riparian systems. As previously discussed, The Eagle Mine in Gilman continues to be a source of heavy metal discharge into the river, although clean up work has improved the situation immensely. Agricultural water use can at times severely deplete the river's tributaries by diversions for irrigation. Livestock use riparian areas for feeding, resting, and as travel lanes, and in the process can severely degrade riparian soils and vegetation. Riparian areas can also provide sites for quality recreational experiences and activities. Recreation impacts may be more subtle and less understood but includes littering, soil compaction, loss of vegetative cover, recreation site development that results in loss of habitat, the disruption and harassment of wildlife, and human waste disposal. Eagle County Government should work with other governing entities to continue to protect riparian areas and maintain or enhance the related habitats for wildlife and fish. x,6,5 River ReCfeattot, " Policies: 1 Water- related recreation should be encouraged where appropriate at a level that will not damage related resources, ecosystems and environments. Eagle County's streams support a wide range of recreational opportunities and the number of residents and visitors taking advantage of these opportunities increases each year. Eagle County has become a premier year round resort area, as well as an increasingly desirable place to live for those who pursue active lifestyles. The major rivers such as the Colorado, Eagle, Fryingpan and Roaring Fork experience the most use, and provide "close to home" recreation options for residents, business opportunities for fishing and boating companies, and a range of activities for the visitor to choose from. Fishing, rafting, and kayaking are the most popular activities on the rivers. It is important to also note the contribution streams and rivers make to early season skiing by supplying water for snowmaking Activities such as hiking, biking, wildlife watching, camping, hunting, golf, rock climbing, picnicking, four - wheeling, horseback riding, and berry picking are all enhanced by the presence of streams and riparian areas. Use Levels and Quality of Experience Overuse of river environments by recreationists is one of the primary environmental issues facing Eagle County. At community meetings, most people indicated that they felt the rivers are not too crowded yet, but that they have the potential to be in the future. With sound management and the determination of an appropriate "carrying capacity ", the types of problems facing other heavily used rivers in Colorado can be avoided. Carrying capacity is defined as "the number (amount) and type of use an area can accommodate without altering either the environment or the user's experience beyond a degree of change deemed acceptable by the management objective." It should be noted that the public has also indicated concern for potential "over- regulation" which might result in fees or restrictions for recreational uses. A careful balance of monitoring, management and education should be the goal. In a place like Eagle County, the feeling and perception of solitude can be an essential aspect of a quality recreational experience. This is particularly true for fishing, hiking, wildlife viewing, rafting, and kayaking. The Eagle River corridor from Minturn to Gypsum is becoming increasingly urban, particularly in the Vail- Avon - Edwards area. The area near the confluence of the Fryingpan and Roaring Fork Rivers is also rapidly urbanizing. Most riparian areas located away from the urbanizing areas are in private ownership. As a result, the limited riparian areas easily accessed on public lands tend to be overused. Conflicts between recreational uses along the river are limited at this time, especially since most rafting and kayaking occurs in the early summer when the river is too high for good fishing. Inevitably, though, as use by all recreational activities increases, so does the potential for conflicts. Eagle County Government should participate with other governmental agencies, watershed groups, and special interests to determine recreational carrying capacity or limits of acceptable change. Appropriate Public Access As stated above, much of land adjacent to those streams and rivers large enough to generate demand for water related recreation is privately owned, and overuse and crowding can occur on the limited number of public access points currently available. Public access and boating use of the rivers may also become a larger issue in the future as "right to float" court cases are determined and further legislation and court actions affect recreational in channel diversions (RICD's) for kayak parks. Commercial operations that profit through access and use of local rivers should be held accountable for related river use impacts. Their activities should be monitored by an appropriate agency, and they should be required to contribute to efforts to provide and maintain facilities at popular put -in and take- out points. The Colorado Division of Wildlife provides fishing access to some significant stretches of river frontage through leases with private land owners, but the leases are not in perpetuity, and there is no guarantee that these areas will remain available to the public in the future. Improving existing access sites or creating new ones where appropriate and possible should be considered. Eagle County Government should participate with other governmental agencies, watershed groups and special interests to review, maintain, and improve fishing and boating access and the distribution of related regulations and information. Economic Impacts of Water and Riparian Area Dependant Recreation In 1991, the Colorado River Outfitters Association (CROA conducted a study of the economic impact of river - oriented recreation: Commercial River Use in Colorado 2003 Year End Report. The study estimates that each person per raft day spent $98 on average. The multiplier effect (the number of times a dollar is spent in the local area before being spent outside that area) elevates the economic value to $250 per person per raft day. This number includes secondary economic benefits from lodging, transportation, clothing, and dining. The following chart provides a summary of economic value to the area: River Segment Value to Economy 2003 Colorado — Upper: $10,276,161 Eagle — Upper: $288,606 Eagle — Lower: $310,132 Roaring Fork — Upper: $500,617 Roaring Fork — Lower: $125,154 Total: $11,500,670 Using the above figures, approximately $11,500,000 was spent by people rafting in Eagle County in 2003. Rafting revenues statewide have been growing at an average 9.6 percent per year. Eagle County stands to benefit from this trend, as it has or is close to some of the most popular commercial river runs in the state. Similarly, the Colorado Division of Wildlife estimated sportsman expenditures on hunting, fishing and wildlife watching in 2002 statewide to be $845,300,000 with a total economic impact of $1.5 billion. Eagle County received a sizable portion of those dollars. The study titled Economic Impacts of Hunting, Fishing, and Wildlife Watching in Colorado estimated total economic benefits in Eagle County of $57,800,000. Fishing represents about 46% of this amount. An assessment from the Roaring Fork Conservancy, Fryingpan Valley Economic Study 2002, indicates that fishing at Ruedi Reservoir and the Fryingpan River brings $1,799,631 into the economies of El Jebel and Basalt and $3,922,161 into the greater Roaring Fork Valley. Eagle County should work with all involved agencies, governments, businesses and special interest groups to provide appropriate access to rivers and streams, monitor impacts and environmental conditions, and preserve and protect the quality riparian areas, spring runoff events, and aquatic ecosystems that support such an important segment of the local economy. Policies: j. A comprehensive approach to watershed planning and decision - making should be utilized. Communities are typically located adjacent to waterways where transportation, water, and utilities are most available and where the land is typically easiest to develop. In Eagle County, all of the towns and community centers are located along streams. Patterns of land use in Eagle County have major implications to the overall health and condition of the watersheds. Local and regional land uses have affected: 1. The quantity of water due to residential, commercial and industrial development demands, both in basin and out -of- basin; 2. The quality of water through additions of sediment, chemicals and organic substances to the water from point sources like mines and treatment plants and non -point sources like urban run- off; 3. The ability for ground water recharge since impervious surfaces quickly funnel storm water back to streams instead of allowing it to seep into the ground; 4. Wildlife habitat that is adjacent to water features, and wildlife access to water sources; 5. Recreational opportunities that depend on a minimum quantity and/or a minimum quality of water, adequate access and solitude; and 6. The aesthetic quality of local water features which are often obscured or degraded by land disturbance and development Common Goals but Inconsistent Regulations Towns and County governments have each responded differently to the need to protect the river and its associated riparian environments as demonstrated by the nature and type of adjacent land uses that have been permitted. As an example, different communities have different standards for set backs from the high water mark. More and more now, the river is seen as a community asset, and attention is increasingly focused on how to both protect it from further damage, and to incorporate it into public spaces for the enjoyment of residents and visitors. Eagle County Government needs to work with other governmental agencies to coordinate and improve watershed planning and other planning activities. Goal: Preserve and/or enhance the quality of wildlife habitat, and the vitality of wildlife populations in Eagle County. Please refer to the following documents to gain a better understanding of these and other issues related to Wildlife in Eagle County. U.S. Fish and Wildlife Colorado Department of Natural Resources Colorado Division of Wildlife Natural Diversity Information Source Colorado Natural Heritage Program 3,7 2 Wildlife Concerns Policies: a. The integrity, quality and interconnected nature of critical wildlife habitat in Eagle County should be preserved. b. The well -being of wildlife species of economic importance should be actively monitored and protected. c. The well -being of wildlife species of Tess economic importance and those on the rare and endangered species list should be actively monitored and protected. The high mountains and valleys of the Central Rockies provide outstanding habitat for wildlife. For many years, Eagle County's generally healthy populations of wild animals and fish have indicated a generally healthy condition of the natural environment, which adds significantly to the perception held by residents and visitors that this is indeed a very special place. In a 2003 Homeowner Survey conducted by Northwest Colorado Council of Governments, 85% of residents and 72% of second home owners ranked the value of wildlife to the region as high or very high. Concern for the condition and well -being of wildlife is a frequent topic in local newspapers. Wildlife related activities are also an important component of the local economy. A report commissioned by the Colorado Division of Wildlife (DOW) indicated that hunting and fishing added $1.5 billion and more than 20,000 jobs to Colorado's economy in 2002 (BBC Research and Consulting). Eagle County benefited from direct expenditures that year of $3.2 million, and the overall gain to the County's economy was estimated to be $57.8 million. At least 820 Eagle County jobs were directly related to hunting and fishing. Along with hunting and fishing, wildlife viewing activities are also valued, as evidenced by the estimated $940 million contributed to the State's economy as a result of related activities. The rapid growth of Eagle County over the past 30 years has created a number of local wildlife issues. It would seem that an area that is over 80% public lands would have ample wildlife habitat, and indeed, Eagle County is rich in wild open lands. Unfortunately, the habitat most critical to the well being of many wildlife species is also the land where human activity and development is most likely to be found — the lower elevations along the valley floors. In these areas, open fields and shallower snow depths provide critical winter range for elk and deer. Historic migration routes follow rivers and tributary streams, and the associated riparian areas provide drinking water, cover, and a rich mixture of forage plants. Low elevation meadows support large populations of small mammals, which in turn support healthy numbers of hawks, golden eagles and other predators. The list of wildlife species of greatest interest from the 1996 Eagle County Master Plan is still valid today. Several species are monitored by the DOW because their health is a general indicator of the health of other species and the condition of the habitat environment. Others are monitored because they are threatened or endangered. Still other big game and bird species are considered important due to the ecoromic value brought by hunting and wildlife viewing. Mountain lions and black bears have been added to the list given the concern for recent human /animal confrontations. The list of species considered for protection under this plan includes: - ald Eagle - Mule Deer - Bighorn Sheep - Peregrine Falcon - Black Bear - Sage Grouse - EIk - Cutthroat, rainbow, brown trout - Lynx - Great Blue Heron - Mountain Lion - All threatened or endangered species According to the Division of Wildlife, one of the greatest present concerns is for the area's mule deer population. Eagle County was once home to one of the largest deer populations in the State. Numbers have been declining significantly over the past several decades, however, and some of that decline is certainly attributable to the Toss of habitat resulting from development and the construction of roads in traditional migration corridors. The County should assist in the recovery of local deer populations through involvement in educational campaigns and by supporting measures to preserve and protect summer range, winter habitat, calving areas, and migration corridors. A second major concern is the declining population of the sage grouse. Sage grouse once thrived in Eagle County, but today are only found in limited numbers north of the Eagle River. Sage grouse require sagebrush cover -type habitat in association with riparian areas for successful reproduction and foraging. Many thousands of acres of sage grouse habitat in Eagle County have been lost to l agriculture or residential /commercial development, and there is real concern now that sage grouse could one day cease to exist in the County. A Sage Grouse Recovery Plan was adopted in 2004 for Northern Eagle and Southern Routt Counties. This plan received support from the Eagle County Board of County Commissioners, and includes goals, actions and best management practices for the protection of sage grouse habitat. Eagle County should 9 P p 9 9 9 Y continue to endorse the practices outlined in this plan, and should support efforts to protect identified sage grouse habitats. A third con :ern cited by the DOW is fishery productivity in numerous waters throughout Eagle County. Risk factors to indigenous trout include habitat loss from sedimentation, man -made barriers to fish movement; the degradation of water quality from historic mining, sediment loading, storm water runoff, low flows, nutrient loading and sewage effluent; and the loss of riparian ecosystems. Numerous suggestions regarding the preservation of trout habitat are provided in the Water Resources section of this Comprehensive Plan. The status of many other wildlife species should be monitored as well. Populations of elk in the area are generally increasing. Elk are large, sturdy animals, but they nevertheless are negatively impacted by man -made barriers to migration, the loss of low elevation winter range and disruption of their traditional calving and production areas. When limited to isolated areas, elk can have significant impacts upon natural forage. They can force deer from their winter range areas, and they also can damage fe'ices and facilities on ranches in their efforts to reach winter stockpiles of hay. Elk cunningly seek cover within the safe confines of residential areas during the hunting season, and often forage on residential landscaping when winter snows drive them to lower elevations. EIk populations are managed through the hunting license program administered by the Colorado Division of Wildlife. They are an important game species, and wildlife officials are very aware of the need to coitrol their numbers. The County should remain fully supportive of efforts to preserve winter range, provide open migration routes and manage local herds to maintain a sustainable population. Black bears can be found in most areas of Eagle County. Each bear requires a large range and large sources of food for survival. Threats to black bears include disease and starvation, but human interaction is increasingly responsible for bear deaths due to loss of habitat, vehicle accidents, poaching, and the unfortunate destruction of bears that pose a threat to people or livestock. Drought conditions can influence where bears go to feed, and during lean times they are attracted to residential subdivisions by the smells and availability of food. The County can play an active role in protecting bears by working with involved agencies and homeowners associations to promote education, require bear proof containers and by enforcing related regulations. Mountain lions are rarely encountered in Eagle County, but they exist in significant numbers. The well- being of mountain lion populations is closely tied to the well being of deer and other small animals, upon which they prey. In a healthy ecosystem, cougars are a top predator, helping to balance wildlife populations. The County can help to ensure their continued existence by working to improve habitat for deer and by supporting the management efforts of the Colorado Division of Wildlife. Bald eagles were once on the decline due to loss of suitable breeding and wintering habitat, but have recently shown recovery. Eagles are sensitive to human disturbance, and require large diameter trees for roosting, perching and nesting. In Eagle County, bald eagles have been known to nest and winter roost along the Eagle and Colorado Rivers. Development should avoid areas frequented by these magnificent birds, and educational programs should be developed that promote the preservation of Bald Eagle habitat. Lynx, which generally occupy higher elevations, were historically known to exist in Eagle County, but were extirpated in the late 1970's. Reintroduction efforts in Colorado are now showing signs of success, and it is likely that lynx have or will soon move through the county. These moderately sized cats feed on snowshoe hare and an occasional grouse or ptarmigan. Their habitat is generally the timberlands that provide both shelter and food. Lynx are very sensitive to human activities, especially at night. A key to the success for lynx is the availability of suitable habitat and undisturbed contiguous corridors within which they can move. Public education and cooperation between all public agencies and private interest groups will help to ensure the success of the lynx in the area. Bighorn sheep are susceptible to stress related disease, hunting impacts, and loss of winter habitat. Small bands are known to exist in higher elevations of the County, including the cliff bands above and to the north of East Vail. The Colorado Division of Wildlife actively manages bighorn sheep and other agencies cooperate by managing habitat and domestic grazing. There are rare occurrences of Peregrine falcons in Eagle County. Their habitat ranges from 3,500 to 11,500 feet, and they generally nest on high cliffs around reservoirs, rivers and marshes, foraging for food over adjacent coniferous forests and open range lands. The main risk to peregrine falcons is disturbance during courtship and reduction of foraging habitat. Seasonal restriction to known nesting sites and an awareness of habitat within the County can help with recovery efforts. bevelopment impacts Policies: d. Development in areas critical to the continued well being of Eagle County's wildlife populations should not be allowed. e. Where disturbances to wildlife habitat cannot be avoided, development should be required to fully mitigate potential negative impacts. Since the 1960's many acres of critical bottom land in Eagle County have been developed. Riparian areas once available to wildlife are now isolated by roads and commercial and residential improvements and activities. The ability of animals to travel from north to south in the County has been significantly impacted by the Interstate 70 corridor and by development patterns that have filled valley floor areas. East -west wildlife movement (important to deer populations, and occurring mostly north of Goal: Development in Eagle County avoids or fully mitigates impacts to sensitive lands. Open space is preserved to the greatest degree possible, and scenic quality and cultural resources are protected. el et eee"; . ' Please refer to the following documents to gain a better understanding of the issues related to Sensitive Lands. U.S. Geological Survey Colorado Geological Survey Federal Emergency Management Agency, Region 8 Colorado Office of Emergency Management U.S. Army Corps of Engineers Colorado Heritage Report Best Practices in Natural Hazards Planning and Mitigation, Colorado Department of Local Affairs, Office of Smart Growth Office of Archaeology and Historic Preservation (OAHP) Directory of Colorado State Register Properties, Eagle County Public Art in Colorado Business committee for the Arts, Inc. 3.8.2 Lands with Natural Hazards Policies: a. Development should avoid areas of significant natural hazard. b. The mitigation of natural hazards should be done in a manner that protects the integrity of the natural environment and the visual quality of the area. Development in mountainous terrain like that of Eagle County can be complicated by the presence of natural hazards. Natural hazards in this region include flooding, erosive soils, rock falls, debris flows, slope instability, snow avalanches, land subsidence. and wildfires. These are all natural occurrences. and only become hazardous when humans visit or permanently occupy affected areas. Humans also have the ability to significantly alter physical landscapes, and human activities can inadvertently aggravate existing hazards or create new hazards by upsetting the natural equilibrium of an area. Identifying hazard areas is essential to good planning and good land use decisions. Most floodplain mapping in Eagle County was conducted in the 1980's, although several floodplain maps have been recently updated. Updated maps include the Roaring Fork River, the Eagle River from Dowd Junction to Dotserc, the Colorado River from Dotsero to the Garfield County line, and Brush Creek above the Town of E ogle. The Town of Vail is also in the process of updating its maps for Gore Creek. In 2003, Eagle County Government worked with the Town Governments, special districts, Colorado State Forest Service and United States Forest Service to create detailed wildfire risk mapping. This information supports the implementation of the County's new Wildfire Regulations, and it can also be used more broadly to determine suitability of an area for development based on potential wildlife hazards. The United States Geologic Survey and Colorado Geologic Survey keep updated maps of steep slopes, erosive soils, rock falls, landslides, slope instability. avalanches, and mine subsidence. In those instances where natural hazards cannot be completely avoided, measures should be taken to mitigate the hazard. Designs should minimize alteration of the natural Iandform to the greatest extent possible, thus reducing the potential for slope instability and drainage problems. Building envelops should be required on any site subject to hazard, and positioned over the safest portion of a given property. Steep slopes should not be cut along the toe or, if cut, should be adequately stabilized with engineered retaining walls. Existing vegetation should be retained to the greatest extent possible, and newly exposed soils should be promptly revegetated with indigenous plant and grass species. Natural drainages should remain in their existing alignment, unstable drainages should be stabilized and storm water runoff should be appropriately controlled on site and released from the site at historic rates. Eagle County Government should continue to require the evaluation of all geologic hazards and constraints by qualified professionals for any new land use proposal in unincorporated areas of Eagle County, and should strictly enforce existing Land Use and Building Code Regulations designed to minimize risk from natural or man - caused hazards. Wildfire hazards are currently addressed under the County's adopted Wildfire Regulations Program, which requires a wildfire management plan for all new development. These regulations include more stringent standards for access, fire - resistive building construction, water availability, and vegetation management. Public education has been important to the success of this program. Other mitigation efforts include vegetation management efforts by public land managers and homeowners associations. The Town Governments, public land managers, and emergency service providers should all participate in the implementation of hazards planning. The Eagle County Fire Plan and the Federal Emergency Management Agency Multi- jurisdictional Pre - Disaster Mitigation Plan for Eagle County were both adopted in the summer of 2005. These plans address the full range of hazards and encourage the implementation of protective actions. Capital plans and development applications should be subject to the policies of both plans. 3.8.3 Lands with Cultural Resources Policies: c. Development and development patterns should preserve landscapes that include visual, historic, and archeological value. d. The continued evolution of Eagle County's present day culture should be considered integral to the high quality of life desired by residents and visitors. Lands with cultural resources are those properties that contain visual, historic, or archeological attributes. Cultural characteristics are highly valued by residents and visitors, and add significantly to the quality of life available in Eagle County. Locals have ranked the importance of scenery as very high on many surveys, most recently the Homeowner Survey conducted by Northwest Colorado Council of Governments for the Second Home Study (residents = 90% and second home owners = 92 %). For the purposes of this plan, visual resources include both pastoral and constructed views from the county's major roads; Interstate 70, Highway 6, Highway 131, Highway 24, Highway 82, and the Colorado River Road. Scenery management areas identified by the Bureau of Land Management and the United States Forest Service in their land management plans are also included. Additional research is needed to identify and preserve other important viewsheds, which could include those from recreational areas, parks, neighborhoods, or other sites frequently visited by residents and visitors. Historic resources reflect the area's heritage and remind us of our past. In a county where 41 percent of the residents in 2000 had been in Eagle County for less than five years, it is important to establish opportunities where historic resources can be viewed, learned about and above all recognized as significant elements of the quality of life available in Eagle County. As people come to the area, they should have the ability to investigate what has made it a unique and wonderful place. The County's resources date occupation, and include sites and structures reflective back to Native American occu historic res p of mining, ranching, army training and finally skiing and resort development. Eagle County Government should promote the identification and protection of the region's historic resources, and should work with the Eagle County Historical Society and the Basalt Regional Heritage Society to develop appropriate guidelines. Archeology is the study of ancient cultures through the examination of their building sites, graves, tools, and other artifacts. There are many archeologically significant sites in Eagle County, the most notable of which is the Yarmonv Pit House north on Trough Road near Radium. Yarmony Pit House is an outstanding example of the archaic period (circa 7000BC to AD1) and is listed on both the State and National Registers of Historic Places. For all proposals, cultural features that may be impacted should be identified and appropriate mitigation efforts taken to ensure the least amount of disturbance to the cultural landscape. In addition to directing growth away from existing cultural landscapes, Eagle County Government should recognize and support the evolution of present day "cultures" within its jurisdiction. Culture can mean many things to many people. It can include the traditional arts, a tie to some ethnic heritage, exposure to knowledge and sophisticated thinking, or the sharing of beliefs, values, and attitudes between people. A balanced community cannot focus entirely upon economic pursuits, and it is not necessary for cultural pursuits to result in a profit in order to be worthwhile. This quote from the United Nations Educational, Scientific and Cultural Organization addresses the importance of cultural development. Development models produced since the 1970s have clearly failed, despite constant revision, to live up to the expectations they raised. Some would claim that this is because development has itself been defined far too exclusively in terms of tangibles, such as dams, factories, houses, food and water, although these are undeniably vital goods. UNESCO defends the case of indivisibility of culture and development, understood not simply in terms of economic growth, but also as a means of achieving a satisfactory intellectual, emotional, moral and spiritual existence. This development may be defined as that set of capacities that allows groups, communities, and nations to define their futures in an integrated manner. Eagle County Government's role in the development and evolution of its own culture is not so much to ensure that all residents share the same ideals and participate in similar "cultural" activities, but is instead to ensure that the freedom for people to explore is protected, that tools and resources are available for the development of individual and social creativity, and that cultural diversity is fostered within neighborhoods and communities. 3.8.4 Public Lands & Open Space Policies: e. A variety of approaches should be utilized to preserve land as open space. f. Open space should be able to serve different needs in different applications. g. Appropriate access should be provided to public lands and rivers. Open space and trails were ranked very high in importance by both the residents and second homeowners of Eagle County in the Homeowner Survey conducted by Northwest Colorado Council of Governments (57 percent of residents and 48 percent of second homeowners ranked it high or very high in importance). There are three basic categories of open space within Eagle County: public lands, privately held open space within developed areas, and open space that has been set aside through the work of a land trust or the County's Open Space Program. Public Lands Open Space Currently, State, Federal and local governments own over 80 percent of the land in Eagle County. The United States Forest Service owns 55.3% of the land, 24.2% is managed by the Bureau of Land Management, 1.3% by the Bureau of Reclamation, 1.2% is owned by the State Land Board, 0.5% by the Division of Wildlife, and 0.2% by the Division of Highways (CDOT. The remaining 17.3% of the land is privately owned. Each agency has a unique mission and purpose for their land holdings in Eagle County. The United States Forest Service's mission is to "Lead in the conservation and wise use of the nation's forests and grasslands." The Bureau of Land Management mission is to "Sustain the health, diversity, and productivity of the public lands for the use and enjoyment of present and future generations." The Bureau of Reclamation's mission is to "Manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the American public." The Colorado State Land Board's mission is to "Manage the assets entrusted to our care for our beneficiaries by producing a reasonable and consistent income with long term protection of economic values, while providing responsible environmental stewardship to ensure the conservation of natural resources." The Division of Wildlife's mission is to "Perpetuate the wildlife resources of the state and provide people the opportunity to enjoy them." Finally, it is the mission of the Division of Highways /Department of Transportation to "Provide the best multi -modal transportation system for Colorado that most effectively moves people, goods, and information." None of these statements specifically mentions the preservation of open space, but with the possible exception of the Department of Transportation, the importance of open space is inferred by all of them. Public lands are viewed to be open space available for the recreational and scenic benefit of residents, second homeowners, and visitors of Eagle County. Public lands contain many valuable characteristics and resources. In Eagle County they provide habitat for wildlife and are the source area for much of the region's high quality water. Recreational uses include hunting and fishing, hiking, rock climbing, boating, camping, sight- seeing, dirt biking and off-road four wheeling, skiing and snowmobiling. Large tracts of public lands can also be leased for the grazing of livestock. Activities like timber harvesting and mining are allowed with appropriate review, and can conflict with recreation and general open space values. The open space nature of public lands are considered to be perpetual, however, recent public land exchanges and sales indicate that these lands are not necessarily held in perpetuity by the government. Public Land owners like the Bureau of Land Management, Colorado State Parks, the Colorado Division of Wildlife and the United States Forest Service are able to negotiate with land owners to exchange private properties for public lands. Considerable partnership is often involved. The goal for the Government entity is to lessen the number of privately owned in- holdings scattered throughout and surrounded by public jurisdictions. The private land owner benefits from land exchanges by receiving land that is easier to access and that can be develop with fewer environmental impacts. There is potential for disappointment among residents, as once public lands come under new ownership and are developed in a manner contrary to the recreational or scenic desires of the greater community, and as such these exchanges should strive to be win -win deals that avoid negative impacts. Recently, Sylvan Lake State Park above Eagle was expanded through a series of land exchanges, and work is currently underway to exchange land of considerable development potential at the base of Vail Mountain for lands of considerable environmental value in Eagle County's backcountry. Eagle County Government must work with each agency, understand their respective missions and find ways of meeting mutual goals regarding the preservation of open space on public lands. The County should continue to look for opportunities to be involved with public /private land exchanges that benefit the public good, and should work to ensure that land uses in and around open space areas are appropriate and that management practices are consistent with the needs and desires of the community. Development Open Space Negotiation for land use approvals often results in land being set aside within developed areas for the benefit of homeowners or the local community. Golf courses, significant drainage easements, setbacks from streams and small pocket parks would all be examples of this type of open space. Allowed uses within these areas range from dispersed, passive recreation in natural settings to more intensive activities that require built environments with formal landscaping and structures. Eagle County Land Use Regulations currently recommend the incorporation of 25% "usable" open space in the design of all Planned Unit Developments. This open space provision is not a requirement, however, and the results within the community over time have been mixed. Some developments (mostly the larger resort complexes) have incorporated significant open areas while others (often smaller residential or commercial projects) have found ways to circumvent the intent and still meet the recommendation. Eagle County should work with the towns and developers to strengthen provisions that require open space areas within and around community centers and residential neighborhoods. Wherever appropriate, designs of open areas should incorporate concerns for the preservation of scenic quality and wildlife habitat on the larger landscape. Uses occurring on open space areas that provide a buffer between human activities and lands of significant conservation value should conform to the definition of Conservation Open Space provided below. Conservation Open Space A third type of open space involves the conversion of private land to open space through donation or acquisition. In November 2002, Eagle County voters passed a referendum to raise property taxes 1.5 mills for the purpose of acquiring or otherwise setting aside lands of high conservation value. The County's Open Space Fund can now be used singularly or in combination with other funds for the purpose of acquiring open space areas, so long as certain criteria are met. Eligible lands are those that contribute to scenic landscapes and vistas; the preservation of regional heritage, agriculture and ranching; the protection of wildlife habitat or environmentally sensitive areas; or that provide physical and visual buffers, dispersed recreational opportunities, and public access to rivers and public lands. To this end, properties can be purchased outright to be owned by the County or conservation easements can be placed on the land. A Conservation Easement is a voluntary contract entered into between a land owner and a government entity or land trust for the purpose of preserving certain attributes of the affected property. The easement is created by a legal document that restricts the uses or development that can occur on the land, thus preserving its existing character. Some conservation easements are donated by the owner. In other instances, the owner receives direct compensation for the easement. In both instance, the owner benefits from a variety of tax benefits, and from the fact that the land remains in private ownership. The land may be worked for profit, so long as land uses remain consistent with the provisions of the easement. Conservation easements are commonly used to preserve agricultural lands for these reasons. For the benefit of the public, the land remains undeveloped, preserving wildlife habitat and the scenic quality of the area. Public access, however, is usually not allowed. Conservation Easements can significantly reduce the cost of land preservation, but they require long term monitoring and enforcement of the provisions of the easement. In the summer of 2003, a conservation easement was placed on the Bair Ranch in western Eagle County, and a number of other conservation easements have either been donated or purchased in the valley and are now held by the Eagle Valley Land Trust or the Aspen Valley Land Trust. There are times when a property of high conservation value is placed by the owner on the open market. The owner may not be interested in keeping the land, and wants to sell the property. If this land is located near good access and services, it may be highly desirable as development property. In these instances, the outright purchase of the property is necessary to preserve its open space or cultural characteristics. Lands desirable for development in Eagle County are quite expensive, and multifaceted inter - agency partnerships are usually required to raise the funds needed for these kinds of purchases. Long term maintenance needs must also be considered once these lands are purchased and become public open space. The 72 acre Eaton Ranch in Edwards was purchased from the owner in the fall of 2005, and is now owned by Eagle County. To further protect against future development, a conservation easement held by the Eagle Valley Land Trust was also placed on the property. There continues to be varying views on how Eagle County should spend its open space dollars and what uses should be allowed on the resulting open space areas. Resolution 2003 -97, which established Eagle County's Open Space Program, provided a definition of open space which applies to those lands purchased with county open space funds. The terms "open space" or `open space lands" shall mean an area of land that is primarily undeveloped, natural or pastoral in character and which may possess values such as fish and wildlife habitat or migration routes; working farms and ranches; scenic landscapes and vistas; wetlands, floodplains or other riparian habitat; public access to rivers and streams or other lands open to the public; geographic or topographic formations; rare or significant flora or fauna; cultural or historic values; or other natural or open space values. Notwithstanding, `open space" or "open space lands" may include lands which can be restored to a primarily undeveloped, natural, or pastoral character if such restoration has been approved as part of an officially adopted Eagle County or municipal plan. The above definition is hereby incorporated into this plan as the definition of Conservation Open Space, with the understanding that open space areas on public lands and within planned unit developments (PUDs) may accommodate different uses, as provided by Eagle County Land Use Regulations, the Eagle County Board of County Commissioners and public land managers. 151 1.1111MEM1® IONN∎ NKM I �I Red Dirt Creek Open Space Management Plan Eagle County Open Space October 2012 Background Information: The 228 acre Red Dirt Creek Open Space property lies 14 miles north of Dotsero in Eagle County, Colorado (the "Property "). In the fall of 2012 the Property will be purchased by Eagle County using funds from the Open Space Program and a grant from Great Outdoors Colorado. The purpose of the acquisition is to permanently protect the conservation values of the Property and provide passive recreational opportunities. Upon closing, Eagle County will convey a perpetual conservation easement to Colorado Open Lands. The purpose of this Management Plan is to describe specific aspects of Eagle County's use and management of the Property. All use of the Property must be consistent with the terms of the conservation easement. Natural Resource Inventory: Comprehensive analysis of the conservation values and natural resources of the Property is contained in the Present Conditions Report, completed by Rare Earth Science and is dated October 2012. Natural Resource Management: Eagle County understands that natural ecosystems are dynamic. Plant communities are constantly experiencing cycles of succession and disturbance. Erosion and deposition is a continual natural process. Generally, Eagle County plans to allow natural processes to take place unfettered. However, Eagle County will manage the land in a manner that protects public safety. Vegetation Management: The Property consists mainly of native vegetation and does not require active management. The hay meadow may be irrigated using water from the Wilson Doll Ditch. Eagle County may choose to lease this hay meadow to a local rancher. Minor infestations of annual weeds may be treated using a variety of mechanical, chemical or biological control strategies. Agriculture: The hay meadow may be leased for agricultural use, including hay production and or livestock grazing. Lessees will have motorized access to the entire Property. The lessee may also be charged with managing the 1 CFS of water on the Wilson Doll Ditch. A lease for continued livestock grazing will be extended through April 2013, after that time grazing may be discontinued. Leasing for hay production may be continued at Eagle County's discretion. Agricultural use of the Red Dirt Creek Open Space will not meaningfully interfere with recreational use since the hay meadow is less than 20 acres. Also, most of the anticipated recreational use will occur down along the Colorado River, not near the hay meadow. The structures in the agricultural building envelope will remain unimproved for the time being. Wilson Doll Ditch: This ditch takes water from Red Dirt Creek across much of the Red Dirt Creek Open Space. Much of the water transported through this ditch is owned by and used on the Colorado River Ranch. Portions of this ditch are piped and parts are open. Eagle County intends to work cooperatively with the owners of the Colorado River Ranch to adequately maintain this ditch. Ei Li, i Water: Eagle County will own 1 CFS of water from the Wilson Doll Ditch, which may be used beneficially on the Property for hay production. Eagle County may also choose to use the water beneficially by contributing to the in- stream flow of the Colorado River. Wildlife Management: Hunting will not be allowed on the Red Dirt Creek Open Space. However, hunters may choose to use the parking area as a staging site for hunting on adjacent BLM land. Discharge of firearms will not be allowed on Red Dirt Creek Open Space. Fishing is allowed from the banks of the Colorado River throughout the Red Dirt Creek Open Space. All anglers must be licensed by Colorado Parks & Wildlife. Eagle County expects that wildlife will use the Property as a normal part of their life cycles. CPW will be consulted if any issues or problems arise. Wildlife habitat protection was a listed as a primary purpose for Eagle County's acquisition. Roads: The primary access point will be the road that enters the Property near the northern boundary (See Map 1). This road is a single lane driveway that is bound by the Colorado River on the south and a steep cliff on the north. The County has no current plans to improve this road. After .2 miles, the road forks at a point known as "Recreational Access Envelope ". The right fork continues west and accesses private land and adjacent BLM land. This fork will remain open to adjacent landowners, as well as the general public. The left fork continues south, crossing Red Dirt Creek, and reaches the Agricultural Improvements Building Envelope on Red Dirt Creek Open Space. This road will be gated, but may be left open from time to time, including hunting season to allow hunters to access BLM lands. Adjacent landowners to the south will be given keys or gate codes if requested to access their property. Recreational Access Envelope: A 5 -acre Recreational Access Envelope is permitted by the conservation easement and is designed to allow public access to the Property. Eagle County plans to develop a parking area at the "Recreational Access Envelope" in 2013. This parking area will be no larger than 2 acres and will be designed and built to allow safe parking for anglers and other users of the Property. The parking area will include interpretive, signage and post and rail fencing. Overnight parking is allowed. Motorized Use: Motorized use of the Property will be limited to the driveway, Recreational Access Envelope, Red Dirt Creek Road, and Poison Creek Road. Poison Creek Road will be gated at the Recreational Access Envelope, but may be opened to during hunting season to allow hunters to access adjacent BLM land. Motorized use on Poison Creek Road may also be permitted to agricultural lessees and those requiring access to their private property which would otherwise be inaccessible. Trash: No trash service will be maintained on the Property, mainly to reduce management costs to the Open Space Program and minimize problems with wildlife. Hiking: No trails are planned at this time, but the public is permitted to hike anywhere on the Property. Eagle County expects that most use of the Property will involve fishing along the banks of the Colorado River. Rock climbing: No rock climbing is permitted on the Red Dirt Creek Open Space. Boating access: Eagle County may install a formal boat launch area. Small boats such as kayaks and canoes may access the river from the Recreational Access Envelope, but no facilities for this purpose will be developed in the i i I i 4 • WI= In MEW I near future. Commercial outfitters are allowed to use Red Dirt Creek Open Space, provided their use is consistent with the conservation easement. Camping: Camping is only allowed in designated primitive sites along the Colorado River. Eagle County anticipates these sites will be accessed by boaters travelling the river. These sites will be available on a first come basis. Eagle County has not yet determined the number of designated campsites, but will likely develop two sites in 2013. Use will be monitored to determine if additional sites will be needed over time. However, no more than five campsites will be established per the conservation easement. Developed campsites may consist of cleared areas, picnic tables, campfire rings, and signage. Approval of the sites will be sought from COL. BLM Partnership: The BLM — Colorado River Valley Field Office has become an important partner to Eagle County. While no formal agreement has been developed with regard to Red Dirt Creek Open Space, Eagle County will likely attempt to implement an MOU with BLM in 2013. This agreement may lead to a joint management arrangement, whereby BLM staff periodically visit the Property and address any management concerns. User fees: Eagle County has no plans to implement a user fee system at this time. Restrooms: Eagle County has no plans to install a restroom at this time, but may choose to do so in the future, most likely at the Recreational Access Envelope. A porta -potty may be installed for the 2013 summer season. Conservation Easement Monitoring: Eagle County understands that Colorado Open Lands will monitor the Property annually to ensure consistency with the conservation easement. If possible Eagle County staff will accompany staff from Colorado Open Lands on these visits. Need for Clarification: Eagle County understands that Colorado Open Lands may be consulted if there are questions about a proposed management action. Management Plan Updates: This plan will be updated at least once every five years in consultation with Colorado Open Lands. Daniel Pike, President, Colorado Open Lands Peter Runyon, Eagle County Board of County Commissioners IIIMMINEEMEMMINSEMINIMMINEE r 1 K, - • Nottingham Red Dirt Open Space :' � .. #. 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