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HomeMy WebLinkAboutR13-094 Duck Pond Conveyance of Conservation Easement Commissioner ett-A,_40Ulnilived adoption of the following resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2013- 094 RESOLUTION APPROVING DOCUMENTS ASSOCIATED WITH THE CONVEYANCE OF A CONSERVATION EASEMENT ON THE DUCK POND OPEN SPACE PROPERTIES TO THE EAGLE VALLEY LAND TRUST WHEREAS,in 2009 and 2011 Eagle County purchased two contiguous properties on the Eagle River between Gypsum and Dotsero with Open Space Funds; and WHEREAS,these properties are managed as one open space property,now known jointly as Duck Pond Open Space; and WHEREAS,the Board desires to permanently protect Duck Pond Open Space by conveying a conservation easement to the Eagle Valley Land Trust, which restricts the primary uses of the land to habitat protection and recreational access improvements; and WHEREAS, Eagle Valley Land Trust has approved a baseline report and land management plan for operation and management of the Properties; 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 Duck Pond Open Space 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 permanently preserve and conserve the Duck Pond Open Space. Such Documents shall be substantially in the form set forth below a. Conservation Easement attached as Exhibit A; b. Baseline Report attached as Exhibit B; c. Land Management Plan as Exhibit C; and 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 IS day of 00-if()o 2013. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its WARD OF COUNTY COMMISSIONERS o� Co ATTEST: • ., �\' ` Clerk to the Board of Sara J. Fisher County Commissioners Chair kir � /)/ /"ian H. Ryan Co issi. er L {,a/t/ • Kathy to dler-Henry Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Fisher 5 , Commissioner Ryan w Commissioner Chandler-Henry This resolution passed by / 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. After recording,please return to: Eagle Valley Land Trust Attn: Kara Heide P.O. Box 3016 Edwards, CO 81632 Any time the Property is transferred by Grantor to any third party, Grantor shall pay a transfer fee of$500 to Grantee and notify Grantee pursuant to the requirements of Section 11 of this Deed. DEED OF CONSERVATION EASEMENT Duck Pond Properties THIS DEED OF CONSERVATION EASEMENT ("Deed") is granted on this day of , 2013,by EAGLE COUNTY, COLORADO, a.k.a. EAGLE COUNTY GOVERNMENT whose address is P.O. Box 850, Eagle, Colorado 81631 ("Grantor") to EAGLE VALLEY LAND TRUST, a Colorado non-profit corporation, whose address is P.O. Box 3016, Edwards, Colorado 81632 ("Grantee"). (Grantor and Grantee are collectively referred to herein as the "Parties"). RECITALS A. Description of Property. Grantor is the owner of the fee simple interest in two parcels hereinafter referred to as "Parcel One" and "Parcel Two". Each parcel is subject to and made a part of this Deed. "Parcel One" consists of approximately 45.502 acres; "Parcel Two" consists of approximately 10.010 acres of land. Parcel One is legally described in Exhibit A and is depicted in Exhibit C. Parcel Two is legally described in Exhibit B and is depicted in Exhibit C. Parcel One and Parcel Two are located in Eagle County, State of Colorado (and are collectively referred to as the "Property"). B. Qualified Organization. Grantee is a"qualified organization," as defined in I.R.C. § 170(h) and a charitable organization exempt under I.R.C. § 501(c)(3), as required under C.R.S. § 38-30.5-104(2). Grantee is certified to hold conservation easements for which a state tax credit is claimed by the State of Colorado's Division of Real Estate pursuant to C.R.S. § 12- 61-720, and Rule A-1 of the Code of Colorado Regulations, Qualifications for Certification to Hold Conservation Easements, (4 C.C.R. 725-4, Rule A-1). Grantee is also accredited by the Land Trust Accreditation Commission, a national accreditation program sponsored by the Land Trust Alliance. Grantee's primary purpose is to preserve and protect the natural, scenic, agricultural, historical, and open space resources of Eagle County, including the area in which the Property is located,by assisting landowners who wish to protect their land in perpetuity to EXHIBIT preserve and conserve natural areas, environmentally significant land, and working landscapes for ecological, scenic, aesthetic, scientific, charitable and educational purposes. C. Conservation Purposes. According to I.R.C. § 170(h)(4)(A) and Treas. Regs. § 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 conservation purposes set forth in this Recital C and referred to hereafter in this Deed are collectively referred to as the "Conservation Values." The Conservation Values of the Property are as follows: 1) Recreation or Education [Treas. Regs. § 1.170A-14(d)(2)]. The Property is intended to be used for passive public recreation and education including,but not limited to, public trails, rafting, fishing, hunting, boat launching and landing and parking. The Property encompasses an approximately 0.7-mile reach of Eagle River, a Colorado River tributary, which receives regular float use by the general public for recreational purposes such as rafting and fishing. The Deed accommodates public use of the Property, including public education, fishing, waterfowl hunting,boat launching and landing and parking. A boat ramp, restrooms, parking area,picnic area and trails are also planned for the benefit of the public. From the strategic perspective of Grantor,the parking and river access opportunities to be ensured by the Deed will provide a significant increase in public recreational opportunities on a scenic and rural reach of the Eagle River,which currently has very limited public access. 2) Open Space [Treas. Regs. § 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 policy(set forth in Recitals D and E below) and will yield a significant public benefit. a. Scenic Enjoyment. The Property's scenic water features(Eagle River and the seasonal pond), are flanked by native riparian vegetation and native upland shrublands, within the interesting cliff and canyon topography of surrounding BLM lands. The Property will continue to provide an opportunity for the general public to appreciate its scenic values in perpetuity. The Property is visually accessible to the public from Interstate 70 and U.S. Highway 6, and from nearby and adjacent BLM lands, which are actively used by the citizens of Eagle County and the State of Colorado. b. Significant public benefit. There is a foreseeable trend of urbanization and rural subdivision development in the vicinity of the Property and 2 the surrounding areas within Eagle County. There is a strong likelihood that development of the Property would lead to or contribute to degradation of the scenic and natural character of the area. 3) Relatively Natural Habitat [Treas. Regs. § 1.170A-14(d)(3)]. The Property features a 0.7-mile reach of Eagle River and its associated riparian shrub corridor, upland native shrublands, and a seasonal pond that provide forage, cover, breeding grounds, and migration corridors for a variety of wildlife. The Property's habitat is "significant"as defined by U.S. Treasury Regulations at §1.170A-14(d), because it supports or potentially supports species considered rare, threatened, or of special concern—namely bald eagle,North American river otter, and northern leopard frog. The Property also lies within summer range and critical winter range for mule deer; within summer, winter, and severe winter range for elk; and within overall range for black bear, mountain lion, and moose. 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 important on the landscape scale because it adjoins extensive public lands (BLM land lies to the south). These Conservation Values are of great importance to Grantor, Grantee, the residents of Eagle County, and the State of Colorado. It should also be noted that the terms of the Easement do not permit a degree of intrusion or future development that would interfere with the Conservation Values. D. State Policy Concerning Conservation Easements. 1) 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." 2) C.R.S. § 35-3.5-101 states 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." 3) 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, environmental quality or life sustaining ecological diversity . . ." 3 4) The Colorado Department of Transportation statutes (C.R.S. § 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. 5) 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." E. Other Supporting Government Policy. 1) Eagle County Resolution No. 02-123 provides for the creation of an open space mill levy for the purpose of acquiring, maintaining, or permanently preserving open space to preserve wildlife habitat, protect working farms and ranches, conserve scenic landscapes and vistas, protect wetlands and floodplains, or provide public access points to rivers and streams. 2) Eagle County Resolution No. 03-097 establishes that it is the policy of Eagle County to be dedicated to "preserving wildlife habitat,protecting working farms and ranches, conserving scenic landscapes and vistas, and protecting wetlands and floodplains"within and throughout Eagle County. 3) The Eagle County Comprehensive Plan states that: "Eagle County is a place where natural ecosystems are preserved and maintained in order to assure the health and wellbeing of local wildlife populations." 4) The Eagle County Comprehensive Plan states that: "The integrity, quality and interconnected nature of critical wildlife habitat in Eagle County should be preserved." 5) The Eagle County Comprehensive Plan states that: "A variety of approaches should be utilized to preserve land as open space, including conservation easements and the transfer of development rights." F. Documentation of Present Conditions. Pursuant to Treas. Regs. § 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 August 20, 2013 ("Baseline Report"). The Baseline Report contains a natural resources inventory and also documents the Conservation Values and the characteristics, current use, and status of improvements on and development of the Property. The Baseline Report is acknowledged by Grantor and Grantee as an accurate representation of the Property at the time of the transfer. The Baseline Report has been provided 4 to both parties and 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 Baseline 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. NOW, THEREFORE, in consideration of the recitals set forth above, incorporated herein by reference, and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of the State of Colorado, Grantor voluntarily grants and conveys to Grantee and Grantee voluntarily accepts, a perpetual conservation easement in gross ("Easement"), an immediately vested interest in real property defined by C.R.S. §§ 38-30.5-101, et seq., and of the nature and character described in this Deed, for the purpose of preserving and protecting the Conservation Values in perpetuity, subject to, and without affecting, any currently-existing easements of record and other rights of third parties under Colorado statutory or common law ("Existing Third-Party Easements"). 1. Purpose. The purpose of this Easement is to preserve and protect the Conservation Values in perpetuity in accordance with I.R.C. § 170(h), Treas. Regs. § 1.170A-14, and C.R.S. § 38-30.5-101, et seq. ("Purpose"). The Parties intend to permit acts on and uses of the Property that are consistent with the Purpose and not expressly prohibited by this Deed and to restrict or prohibit acts on and uses of the Property that are not consistent with the Purpose. 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 as a land trust accredited by the Land Trust Alliance and certified by the State of Colorado's Division of Real Estate pursuant to C.R.S. § 12-61-720, and Rule A-1 of the Code of Colorado Regulations, Qualifications for Certification to Hold Conservation Easements, (4 C.C.R. 725-4, Rule A-1), as amended. This Deed sets forth certain uses and activities that are expressly permitted and consistent with the Purpose,but subject to specified qualifications, conditions, and requirements of, and procedures for, prior notice to or approval of Grantee. 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. 2. Rights of Grantee. To accomplish the Purpose of this Easement, this Deed conveys the following rights to Grantee, its employees and its representatives: a. To preserve and protect the Conservation Values; b. To enter upon the Property at reasonable times to monitor Grantor's compliance with and otherwise enforce the terms of this Easement; provided that, prior to such entry, Grantee shall first provide reasonable notice to Grantor, and Grantee 5 shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property; c. To prevent any activity on or use of the Property that is inconsistent with the Purpose of this Easement, Grantee may require the restoration of such areas or features of the Property that are damaged by an inconsistent activity or use, all as more fully set forth herein; d. To enforce the terms and provisions of this Deed; and e. To place signs on the Property that identify the land as being protected by this Easement, the size, number, and location of which signs are subject to Grantor's reasonable approval. Nothing in this Section shall preclude the right of Grantee to enforce the preservation and protection of the Conservation Values of the Property, or any other provision of this Easement. 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. 4. Management Plan. Grantor and Grantee have prepared and mutually agreed to a land management plan (the "Management Plan" or the "Plan"), a copy of which will be kept on file in the offices of Grantor and Grantee. The Property shall be operated and managed in accordance with the management issues addressed in the Management Plan or as otherwise set forth in this Deed. If Grantor intends to undertake any activities not expressly permitted by this Deed or addressed in a current Management Plan, Grantor shall not undertake such activities until Grantor has first prepared an amended Management Plan. Grantor and Grantee shall review the Management Plan annually at the time of Grantee's monitoring of the Property, and the Plan shall be amended if determined necessary by either Party. Any amendment to the Management Plan shall be approved by Grantee in accordance with Sections 17 (Grantor's Notice) and 18 (Grantee's Approval) of this Deed. 5. Property Improvements. Improvements existing as of the date of this Deed are permitted. The installation, placement or construction of any other improvement is prohibited unless expressly permitted by this Section 5. 6 a. Existing Improvements. At the time of granting of this Deed, there are no existing improvements except for roads, trails, a section of the Eagle County Regional Trail, two parking areas, signage, fences, well house, well sites, pipes, and utilities. b. New Improvements. The following shall be referred to herein as "New Improvements:" 1. On Parcel One, Grantor may place, install, construct, maintain,repair and replace the following new improvements within the three(3) acre building envelope designated by Grantor in the location shown on Exhibit C ("Building Envelope A"): (i) completion of the existing parking area, which Grantor may grade or surface with pavement, gravel or similar road base type material, install drainage, erosion control measures or other improvements necessary for the safe operation of the parking area; (ii) construct interpretive and directional signage; (iii) wildlife resistant trash collection containers, (iv)post and rail or other wildlife friendly fencing, (v) landscaping and landscape berms; (vi) security cameras; and(vii) street lights subject to dark night sky standards as referenced in the Eagle County Comprehensive Plan, as amended. 2. On Parcel Two, Grantor may place, install, construct,maintain,repair and replace the following new improvements within the three (3) acre building envelope designated by Grantor in the location shown on Exhibit C ("Building Envelope B"): (i) a parking area and entry and access roads, which Grantor may grade or surface with pavement, gravel or similar road base type material, install drainage, erosion control measures or other improvements necessary for the safe operation of the parking area; (ii) interpretive and directional signage; (iii) wildlife resistant trash collection containers; (iv)restroom facilities of a size not to exceed 250 square feet of enclosed space and a height not to exceed 15 feet, as measured in accordance with the building code adopted by Eagle County and in effect at the time of construction of the building; (v)post and rail or other wildlife friendly fencing; (vi)picnic tables; (vii) landscaping and landscape berms; (viii) security cameras; (ix) street lights subject to dark night sky standards as referenced in the Eagle County Comprehensive Plan, as amended; (x) a boat launch(which boat launch may be constructed of asphalt, concrete or other impervious material). 7 • 3. In the areas outside of Building Envelope A and Building Envelope B, Grantor may construct, maintain,repair and replace up to three (3) wooden duck blind structures built along the Eagle River in compliance with the Colorado Parks and Wildlife standards in the locations set forth in the Management Plan, and other improvements expressly permitted in separate provisions in this Deed. 4. Prior to the location, construction, replacement or enlargement of any New Improvement as permitted in this Section 5, Grantor shall notify Grantee in accordance with Section 17 (Grantor's Notice) of this Deed. c. Road Construction and Paving. For purposes of this Section, "Roads" shall mean any permanent road that is graded, improved or maintained, including any seasonal unimproved roads. Grantor shall not construct or establish new Roads except for a Road to access Building Envelope A and Building Envelope B, unless approved by Grantee pursuant to Sections 17 (Grantor's Notice) and 18 (Grantee's Approval) of this Deed. Grantor shall not pave or otherwise surface any other Road without Grantee's approval pursuant to Sections 17 (Grantor's Notice) and 18 (Grantee's Approval) of this Deed. Grantor may gate the Roads used to access Building Envelope A and Building Envelope B. Subject to the foregoing, Grantor may maintain and repair Roads without Grantee's permission. d. Fences. Grantor may maintain, repair and replace existing fences. Grantor may construct, maintain, repair and replace new fences anywhere on the Property, provided the location and design of such fences are wildlife friendly and are set forth in the Management Plan. e. Utility Improvements. With the exception of Existing Third Party Easements which shall be governed by the terms of those Existing Third-Party Easements and Grantor's existing utility improvements, if any, including but not limited to: (i) transformers and power lines; and(ii)telephone lines ("Utility Improvements"),may be maintained,repaired or replaced with an improvement of similar size and type at their current locations on the Property without further permission of Grantee. The construction, maintenance, repair and replacement of renewable energy generating systems including,but not limited to, wind, solar, geothermal or hydroelectric, solely for uses permitted on the Property is permitted provided that such activity is consistent with the Purpose(also, "Utility Improvements"). Grantor may install Utility Improvements needed to serve permitted improvements and uses within the Roads and within Building Envelope A and Building Envelope B. Except as provided in the foregoing sentences, 8 Grantor shall not install, place, construct, or enlarge any other new Utility Improvements without Grantee's approval pursuant to Sections 17 (Grantor Notice) and 18 (Grantee's Approval) of this Deed. Following the maintenance, repair, replacement, enlargement or construction of any Utility Improvements by Grantor, Grantor shall promptly restore and re-vegetate any disturbed area to a condition consistent with the Purpose. Any easement, right of way or other interest granted to a third party by Grantor or otherwise reserved by Grantor, to be used for Utility Improvements is subject to Section 7.i (Easements, Rights of Way or Other Interests) of this Deed. f. Signs. Grantor may place and maintain signs on the Property provided that no individual sign exceeds twenty-four(24) square feet. Grantor may place larger signs on the Property with Grantee's approval pursuant to Sections 17 (Grantor's Notice) and 18 (Grantee's Approval) of this Deed. g. Wildlife Ponds. Grantor may construct, improve, repair, maintain and replace wildlife ponds on the Property, provided that the location, size and design of the wildlife ponds is consistent with the Purpose. Notwithstanding the foregoing, Grantor may enlarge or reclaim the existing wildlife pond on the Property, including by dredging, excavating, lining with impervious materials, and installing ditches and pipes. h. Recreational Trails. Except as set forth in Section 7.f of this Deed, use of the Property for the recreational purposes set forth in Section 6.e of this Deed is limited to the existing trails depicted on Exhibit C or on new trails ("Trails") approved as part of the Management Plan or otherwise approved by Grantee pursuant to Sections 17 (Grantor's Notice) and 18 (Grantee's Approval) of this Deed. The Management Plan shall set forth general guidelines for the use and maintenance of the Trails. The surface of the Trails shall be dirt, gravel, rock, or other natural surface and the width of any Trails shall not exceed six (6) feet, provided, however, that Grantor reserves the right to construct and complete a section of the Eagle County Regional Trail through the Property, which shall not be limited in width or materials, but may be consistent with the remainder of the Eagle County Regional Trail. Grantor reserves the right to make improvements to the Trails and allow use of the Trails as may be required under the law to comply with U.S.C. §§12101 etseq. Motor Vehicles. 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 9 without limitation all-terrain vehicles and ranching, agricultural, equipment and construction vehicles (i) on any Roads, and (ii)on any portion of the Property that is not a Road,provided that such vehicles shall be used only for construction and property management purposes, including but not limited to,maintenance of trails, water facilities, wildlife ponds, weed control, and habitat restoration. Notwithstanding the foregoing, Grantor shall have the right to permit motorized access on Trails in order to comply with U.S.C. §§12101 et seq. Any portion of the Property 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; provided,however that Grantor shall not enter into an agreement permitting Existing Third Party Easement holders to disturb the Property without requiring restoration of the Property to a condition as close to its original condition as reasonably practicable. 6. Resource Management. Grantor recognizes the importance of good resource management and stewardship to preserve and protect the Conservation Values. To this end, Grantor shall conduct the following uses of the Property in accordance with the provisions below. If Grantee 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 agreed upon resource management professional with a mutually agreed upon fee for services. This professional will provide written recommendations for said resource management practice(s) and Grantor shall follow the resource management professional's reasonable recommendations, only after Grantor and Grantee have jointly determined that said recommendations are consistent with the Purpose. Grantor shall pay the costs for such consultation, including any fees for the resource management professional. a. Agriculture. All agricultural uses, if any, 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,prevent soil erosion,minimizing invasive species, and avoiding unsustainable livestock grazing practices. Grantor may construct and maintain agricultural ditches, stock ponds, wells or other agricultural water features. Notwithstanding the foregoing, agricultural uses shall not interfere with public access on the Trails or other public access permitted by the Management Plan. 10 b. Relatively Natural Habitat Grantor may conduct major habitat management activities such as removing tamarisk, chaining juniper or sagebrush, constructing ponds and wetlands, restoring river habitat, and conducting prescribed burns in accordance with the Management Plan. c. Minerals and Other Deposits. Grantor's current and future ownership of Minerals (defined below) shall be subject to the provisions of this Section 6.c. Grantor shall not transfer, lease or otherwise separate any mineral rights, currently owned or later acquired, from the surface of the Property, or enter into any surface use agreement or other agreement related to the mineral rights, without the prior approval of Grantee in accordance with Sections 17 (Grantor's Notice) and 18 (Grantee's Approval) of this Deed. Grantor shall not permit any filling, excavating, dredging, mining, drilling, development, exploration for or extraction or removal of any minerals, including but not limited to, hard rock minerals, coal, oil and gas, uranium, soils, sand, gravel, rock or other common building and landscaping materials on,under, or in the Property, or otherwise associated with the Property by any mining method; provided, however, that Grantor may permit drilling under the Property for exploration or production of oil, gas or other hydrocarbons horizontal drilling techniques from one or more drilling sites located off the Property subject to a no-surface occupancy restriction on the Property and a covenant to protect the subjacent and lateral support of the Property. d. Timber. On a limited and localized basis, Grantor may cut or prune trees, shrubs and other vegetation on the Property to control insects and disease, to control invasive non-native species, to prevent personal injury and Property damage, and for domestic uses on the Property such as firewood and construction of permitted Improvements. Grantor may conduct tree thinning activities to mitigate forest fires, and to maintain a healthy ecosystem on the Property in accordance with the Management Plan. Commercial logging is prohibited. Large-scale alteration or removal of native trees, shrubs and other vegetation from the Property may only occur upon agreement of the Parties. Re-vegetation of the Property including planting of shrubs and trees is permitted in a manner consistent with the Purpose. e. Recreation. Grantor may undertake, or permit members of the public to undertake passive, non-motorized recreation on the Property, including,but not limited to, wildlife watching, hiking,biking, boating, tubing,paddle boarding, fishing, and hunting in accordance with the regulations as set forth by the Colorado Division of Parks and Wildlife, and snowshoeing and cross-country skiing, provided they are undertaken in accordance with the Management Plan. 11 Notwithstanding the foregoing, Grantor may allow motorized access in accordance with Section 5 of this Easement. f. 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 accordance with the Management Plan. Grantee has no responsibility for the management of noxious weeds and invasive plant species. g. Water Rights. No water rights are encumbered by this Easement. h. Irrigation Ditches. The Parties acknowledge the existence of irrigation ditches on the Property in the general locations shown on Exhibit C. Grantor may install pipes and/or improve the ditch or construct new ditches to transport water to the wildlife pond provided that, to the extent Grantor has the right; Grantor shall promptly restore and re-vegetate any disturbed area to a condition consistent with the Purpose. Special Events. Grantor also reserves the right to conduct special events on the Property, provided such special events are approved by Grantee as part of the Management Plan or are otherwise approved by Grantee pursuant to Sections 17 (Grantor's Notice) and 18 (Grantee's Approval) of this Deed, and provided Grantor conducts such special events in a manner that minimizes damage to the Conservation Values and promptly and diligently re-vegetates any disturbed areas with native seed and/or vegetation. 7. Restricted Practices. a. Subdivision. The Property currently consists of two (2) separate parcels - Parcel One and Parcel Two. Notwithstanding the foregoing, Grantor and Grantee agree that the division, subdivision or de facto subdivision of the entire 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 Grantor shall own and convey both Parcel One and Parcel Two as a single parcel which shall be subject to the terms and conditions of this Easement. Grantor may own the Property by joint tenancy or tenancy in common;provided,however, that Grantor shall not undertake any legal proceeding to partition, subdivide or divide in any manner such undivided interests in the Property. 12 b. Surface Disturbance. Except as otherwise permitted within this Deed, Grantor shall not alter the surface of the land, including without limitation, moving, excavating or removing soil, sand, gravel, rock, peat or sod, in a manner that is inconsistent with the Purpose. c. Existing Water Features. Except as permitted by this Deed, Grantor shall not alter, impair, modify or adversely change existing ponds, wetlands or stream channels in a manner that is inconsistent with the Purpose. d. Commercial or Industrial Activity. Grantor shall not conduct industrial uses of the Property. Grantor may conduct commercial uses on the Property with Grantee's approval pursuant to Sections 17 (Grantor's Notice) and 18 (Grantee's Approval) of this Deed. e. Feed Lot. Grantor shall not establish or maintain a feed lot. For purposes of this Deed, "feed lot"means a permanently constructed confined area or facility which is used and maintained continuously and exclusively for purposes of warm-up 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 from leasing pasture for the grazing of livestock owned by others. f. Public Access. Nothing contained herein shall be construed as affording the public access to any portion of the Property. The Parties acknowledge that Grantor intends to permit access to the Property, in accordance with the Management Plan, for use by the general public for purposes permitted by this Easement. In the event of any closure of all or a portion of the Property to the general public, the Property is still subject to Existing Third Party Easements. g. Trash. Grantor may not dump or accumulate any kind of trash, sludge, or refuse on the Property, except for trash contained within wildlife resistant trash containers. h. Hazardous Materials. Grantor may use agri-chemicals on the Property in accordance with all applicable federal, state or local laws. Otherwise, the treatment, permanent storage, disposal or release of hazardous materials on, from or under the Property is prohibited. For the purpose of this Deed, hazardous materials shall mean any hazardous or toxic material or waste that is subject to any federal, state, or local law or regulation. Notwithstanding anything in this Deed to the contrary, this prohibition does not impose any liability on Grantee for 13 hazardous materials, nor does it make Grantee an owner of the Property, nor does it permit or require Grantee to control any use of the Property that may result in the treatment, storage, disposal or release of hazardous materials within the meaning of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"). i. Easements, Rights of Way or Other Interests. Except as otherwise permitted in this Deed, the conveyance or modification of an easement, right of way, or other similar interest is prohibited without Grantee's approval pursuant to Sections 17 (Grantor Notice) and 18 (Grantee's Approval) of this Deed. j. Other Restricted Uses. Grantor shall not construct or establish golf courses, sod farms, helicopter pads, and airstrips. k. Telecommunications Facilities. Grantor shall not erect, construct, install, relocate, or use a communication facility, telecommunication facility, network element, telecommunication equipment, or any other equipment or material that may be used for telecommunications or to provide telecommunication services (as such terms are defined in The Federal Telecommunications Act of 1996), without Grantee's approval pursuant to Sections 17 (Grantor Notice) and 18 (Grantee's Approval) of this Deed. 1. Wildfire. In the event of a wildfire, any and all methods of extinguishing the fire are permissible. Also, in the event of a wildfire, the Property is available for staging of fire activities and camping for firefighters depending on the severity of an event. 8. Responsibilities of Grantor and Grantee 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 rights or obligations of Grantor as owner of the Property. Additionally, unless otherwise specified below, nothing in this Deed shall require Grantor to take any action to restore the condition of the Property after any Act of God or other event over which Grantor had no control, provided, however, that Grantee shall have the right to bring an action at law or in equity for trespass or any other appropriate cause of action against any third party who violates the terms of the Easement. Grantor shall continue to be solely responsible 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: 14 a. 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. b. 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. Liability of Grantor, if any, shall not exceed an amount equal to any limits set forth in the Colorado Governmental Immunity Act now 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. Grantor agrees to obtain and maintain at all times, commercial general liability insurance consistent with the limits set forth in the Governmental Immunity Act, naming Grantee as an additional insured. Grantor shall provide proof of such insurance at any time requested by Grantee. 9. Enforcement. a. 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, 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 15 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 as set in forth in Section 32 or judicial process. At any point in time, Grantee may take appropriate legal action, including seeking an injunction, to stop the alleged violation. b. 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 Grantor is the prevailing party on all claims in any court action 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: i. Any costs of restoration necessitated by Grantor's violation of the t-mos of this Deed, shall be borne by Grantor. ii. 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. c. 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, including the right to recover any damages for loss of Conservation Values 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. Transfer of Easement. Grantee shall have the right to transfer this Easement to any public agency or private non-profit organization that, at the time of transfer, is a "qualified organization" under I.R.C. § 170(h), and under C.R.S. §§ 38-30.5-101, et seq., and only if the agency or the organization expressly agrees to abide by the terms of this Easement and to assume the responsibility imposed on Grantee by this Easement. Grantee shall obtain Grantor's consent (and Eagle County's consent if Eagle County no longer owns the Property) to any such transfer in advance of any proposed transfers. The consent required of Grantor in the preceding sentence shall not be unreasonably withheld. If Grantee ever ceases to exist or no longer qualifies under federal or state law, a court with jurisdiction shall transfer this Easement to another qualified 16 organization having similar purposes and that agrees to abide by the terms of this Easement and to assume the responsibility imposed on Grantee by this Easement. 11. Transfer of Property. Any time the Property or a portion thereof is transferred by Grantor to any third party, Grantor shall pay a transfer fee of$500 to Grantee to be used for purposes consistent with Grantee's mission, except that such transfer fee shall not apply to any transfer by the original Grantor to a successor. Grantor shall notify Grantee (and Eagle County if Eagle County no longer owns the Property) in writing within (5)business days after closing using the form in Exhibit D attached hereto and made a part of this Deed, and shall attach to the form a copy of the new ownership deed. Grantee reserves the right to record a notice of transfer fee in the official real property records of Eagle County, Colorado. 12. Real Property Interest. The granting of this Deed immediately vests Grantee with a property interest. Grantor and Grantee agree that this property interest is thirty percent (30%) of the full fair market value of the Property(the "Proceeds Percentage"). Pursuant to Treasury Regulation § 1.170A-14(g)(6)(ii), Grantor and Grantee further agree that this percentage shall remain constant. 13. Termination of Easement. This Easement may only be terminated or extinguished by judicial proceedings by a court of competent jurisdiction. The total loss of all the Conservation Values on the Property is the only grounds under which this Deed can be terminated. If this Easement is extinguished or terminated, whether in whole or in part, Grantee shall be paid proceeds equal to the Proceeds Percentage multiplied by the fair market value of the Property. Grantee's use of the proceeds shall be used in a manner consistent with its conservation purpose and in compliance with Treas. Regs. § 1.170A-14(g)(6)(i). 14. Eminent Domain. Grantor shall notify Grantee immediately of any communication or notice received concerning any proposed taking under the power of eminent domain by public, corporate, quasi-governmental or other authority, or acquisition by such authority through purchase in lieu of the exercise of eminent domain ("Condemnation") affecting the Property, and Grantee shall have the right to participate in any proceedings as a real property interest holder. Grantee may pursue any remedies in law or equity, including opposition to the Condemnation of the Property. If all or any part of the Property is taken by Condemnation, Grantee shall receive proceeds directly from the authority for any such Condemnation equal to the Proceeds Percentage multiplied by the total proceeds received by Grantor. 15. Perpetual Duration. This Easement shall be a servitude running with the land in perpetuity. The provisions of this Deed that apply to Grantor or Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and all other successors as their interests may appear; provided, however, that each party's rights and obligations under this 17 Easement 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 acts or omissions occurring prior to such transfer shall survive the transfer. 16. Change of Circumstance. Grantor has considered that acts or uses restricted or prohibited by this Deed may become more economically valuable than the permitted uses and acts. It is the intent of both Grantor and Grantee that such circumstances shall not justify the termination or extinguishment of this Easement pursuant to Section 13. In addition, the inability to carry on any or all of the permitted 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 13. 17. Grantor's Notice. Where Grantor's notice is required in this Deed, Grantor shall notify Grantee in writing not less than thirty(30) calendar days prior to the date Grantor intends to undertake the activity in question. The written notice shall describe the proposed activity in sufficient detail (i.e. location, size, scope,design, nature) to allow Grantee to evaluate the consistency of the proposed activity with the pertinent terms of this Easement. 18. Grantee's Approval. Where Grantee's approval is required in this Deed, Grantee shall grant or withhold its approval in writing within thirty(30) calendar days of receipt of Grantor's written notice thereof which must comply with Section 17. As part of its determination, Grantee shall consider the proposed manner in which the proposed activity will be conducted, whether it complies with the terms of this Easement, and the likely impact on the Conservation Values. Grantee's approval may be withheld only if Grantee reasonably determines that there is a significant risk that the activity as proposed is not consistent with the Purpose. Grantee may condition its approval on Grantor's acceptance of modifications, which Grantee reasonably determines makes the proposed activity consistent with the Purpose. Grantee may request additional information from Grantor during the thirty(30) day period, and Grantee shall then have an additional thirty(30) days from the receipt of such additional information to approve or deny Grantor's request in writing. If Grantee does not respond to Grantor's written request within thirty(30) calendar days of receipt, the request shall be deemed denied,provided however, that if after expiration of the 30-day period, Grantor submits a second written request, and Grantee does not respond within thirty(30) calendar days of receipt of Grantor's second request, Grantor's request shall be deemed approved. Grantor shall not engage in the proposed act or use until Grantor receives Grantee's approval in writing(or unless Grantee fails to respond within thirty(30) calendar days after receipt of Grantor's second request). If Grantor disagrees with the decision of Grantee, Grantor may appeal the decision through the mediation process set forth in Section 32. 18 19. Notices. Any notice that either party is required to give to the other in writing shall be transmitted via(i)hand delivery, (ii) U.S. mail, (iii) overnight delivery service that provides proof of delivery, or(iv) any other delivery service mutually agreed to by the Parties in writing, to the following addresses, which addresses may change from time to time by a party giving written notice in the manner set forth above: Grantor: The Board of County Commissioners of Eagle County P.O. Box 850 500 Broadway Eagle, Colorado 81631 Phone: 970-328-8605 Fax: 970-328-8629 With a copy to: Eagle County Open Space PO Box 179 500 Broadway Eagle, Colorado 81631 Phone: 970-328-8698 Fax: 970-328-7185 Eagle County Attorney P.O. Box 850 500 Broadway Eagle,Colorado 81631 Phone: 970-328-8685 Fax: 970-328-8699 • Grantee: Eagle Valley Land Trust 51 Eagle Road#1 Avon, Colorado 81620 P.O. Box 3016 Edwards, Colorado 81632 Phone: 970-748-7654 Fax: 970-949-1357 20. 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 a borrowing is subordinate to this Easement. 19 21. No Merger. Unless the parties expressly state that they intend a merger of estates or interests to occur, then no merger shall be deemed to have occurred hereunder or under any document executed in the future affecting this Easement. 22. Grantor's Representations and Warranties. a. Grantor warrants that Grantor has good and sufficient title to the Property, free from all liens and encumbrances except ad valorem property taxes for the current year, Existing Third-Party Easements and other interests of record. b. Grantor represents that upon information and belief: i. At the time of executing this Deed, no hazardous substance or toxic waste is currently being treated, stored, used, disposed of, deposited, or transported, in, on, or across the Property by Grantor, and Grantor is not aware of any underground storage tanks located on the Property; ii. 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; iii. At the time of executing this Deed, there is no pending or threatened litigation relating to the Property of which Grantor is aware; and iv. At the time of executing this Deed, no investigations or proceedings 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, any federal, state, or local law, regulation, or requirement applicable to the Property or its use of which Grantor is aware. 23. Acceptance. Grantee hereby accepts without reservation the rights and responsibilities conveyed by this Deed. 24. General Provisions: a. 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 which it is found to be invalid, as the case may be, shall not be affected thereby. 20 b. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. c. 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. d. Controlling Law and Interpretation. This Easement shall be performed and broadly interpreted under the laws of State of Colorado, resolving any ambiguities and questions of the validity of specific provisions in favor of maintaining the Purpose of this Deed. Any decisions resolving such ambiguities shall be documented in writing. e. Counterparts. The parties may execute this instrument in two or more counterparts which shall, in the aggregate, be signed by all parties; each counterpart shall be deemed an original instrument as against any party who has signed it; all counterparts, when taken together, shall constitute this instrument. f. Amendment If circumstances arise under which an amendment to or modification of this Easement would be appropriate, Grantor and Grantee are free to jointly amend this Easement; provided that no amendment shall be allowed that will confer a private benefit to Grantor or any other individual greater than the benefit to the general public (see Treas. Regs. § 1.170A-14(h)(3)(i)) or result in private inurement for a Board member, staff or contract employee of Grantee (see Treas. Regs. § 1.501(c)(3)-1(c)(2)), or affect the qualifications of this Easement under any applicable laws. Any amendment shall be consistent with Grantee's policies, must have a neutral or beneficial effect on the Property's Conservation Values, as determined by Grantee in its sole discretion, must be consistent with the Purpose, shall not affect the perpetual duration of the Easement, and shall be approved by Eagle County(if Grantor is not Eagle County). Grantor shall pay any and all costs, including staff time and attorney fees, associated with any amendment proposed by Grantor; provided that Grantee first provides Grantor with an estimate of such fee. Any amendment must be in writing, signed by both parties, and recorded in the official records of Eagle County, Colorado. g. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the terms of this Easement and supersedes all prior discussions, 21 negotiations, understandings, or agreements relating to the terms of this Easement, all of which are merged herein. 25. Development Rights. Grantor hereby grants to Grantee all development rights except as specifically reserved herein, and the parties agree that such rights are terminated and extinguished unless reserved herein. 26. Recording. Grantor shall record this Deed in a timely fashion in the official real Property 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. 27. No Third Party Enforcement. This Deed is entered into by and between Grantor and Grantee and does not create rights or responsibilities for the enforcement of the terms of this Deed in any third parties except as expressly reserved herein. 28. Joint and Several Liability. If Grantor at any time owns the Property in joint tenancy or tenancy in common, Grantor shall be jointly and severally liable for all obligations set forth in this Easement. 29. 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 or to otherwise collect payment from such shareholders, partners or members for any monetary or other obligations set forth in this Easement. Grantor shall provide a copy of such documentation at any time upon Grantee's request. 30. Environmental Attributes. Grantor hereby reserves all Environmental Attributes associated with the Property. "Environmental Attributes" shall mean any and all tax or other credits, benefits,renewable energy certificates, emissions reductions, offsets, and allowances (including but not limited to water, riparian, greenhouse gas, beneficial use, and renewable energy), generated from or attributable to the conservation, preservation and management of the Property in accordance with this Easement. Nothing in this Section 30 shall modify the restrictions imposed by this Deed or otherwise impair the preservation and protection of the Conservation Values. 31. 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. The foregoing is not an agreement or an acknowledgement by either Grantor or Grantee that any 22 financial obligation which could arise pursuant to this Deed would be subject to the requirement that funds for such financial obligation must be appropriated by Grantor. Nothing in this Deed shall be deemed to be a waiver of any rights that Grantee may have pursuant to C.R.S. § 30-25- 104. Nothing in this Section 31 shall prevent Grantee from enforcing the Deed in accordance with its terms, despite a failure by'Grantor to appropriate funds. 32. Mediation of Disputes Regarding Proposed Activities. If Grantee denies a request by Grantor for approval pursuant to Section 18 of this Deed, Grantor may appeal Grantee's decision by requesting mediation with Grantee in a written notice to Grantee. Within ten (10) working days of the receipt of such request, the Parties shall select a single, trained, and impartial mediator with experience in conservation easements and other land preservation tools. Mediation shall then proceed in accordance with the following guidelines: a. Purpose. The purpose of the mediation is to: (i)promote discussion between the Parties; (ii) assist the Parties to develop and exchange pertinent information concerning the issues in dispute; and (iii) assist the Parties to develop proposals which will enable them to arrive at a mutually acceptable resolution of the controversy. The mediation is not intended to result in any express or de facto modification or amendment of the terms, conditions, or restrictions of this Easement. b. Participation. The Parties agree that they will participate in the mediation process in good faith and expeditiously, attending all sessions scheduled by the mediator. Representatives of the Parties with settlement authority will attend mediation sessions as required by the mediator. c. Confidentiality. All information presented to the mediator shall be deemed confidential and shall be disclosed by the mediator only with the consent of the Parties or their respective counsel. The mediator shall not be subject to subpoena by any Party. No statements made or documents prepared for mediation sessions shall be disclosed in any subsequent proceedings or construed as an admission of a Party in accordance with Colorado Rules of Evidence, Rule 408. d. Time Period. Neither Party shall be obligated to continue the mediation process beyond a period of sixty(60) days from the date of receipt of the initial request or if the mediator concludes that there is no reasonable likelihood that continuing mediation will result in a mutually agreeable resolution of the dispute. 23 e. Costs of Mediation. Grantor shall pay all of Grantee's expenses associated with the mediation, including attorneys' fees and consultant fees, except that Grantor and Grantee shall share the cost of the mediator. 33. Force Majeure. Grantor shall not be obligated to send any prior notice to Grantee, and Grantee shall not be entitled to bring any action against Grantor, with respect to any prudent, good faith activity undertaken by Grantor to prevent, abate, or mitigate injury to the Property immediately before, during, or immediately following fire, flood, storm, earth movement, acts of war, and similar causes beyond the control of Grantor. Grantor will promptly inform Grantee of injury to the Property caused by such events or actions. TO HAVE AND TO HOLD, this Deed of Conservation Easement unto Grantee, its successors and assigns, forever. [(rest of page intentionally left blank]] 24 IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind themselves, have set their hands on the date first written above. GRANTOR: EAGLE COUNTY, COLORADO a.k.a. EAGLE COUNTY GOVERNMENT By: Sara J. Fisher, Chair STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of , 2013, by Sara J. Fisher as Chair of Eagle County, Colorado a.k.a. Eagle County Government. Witness my hand and official seal. My commission expires: Notary Public 25 GRANTEE: EAGLE VALLEY LAND TRUST, a Colorado non-profit corporation By: Kara Heide, Executive Director STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of , 2013,by Kara Heide as Executive Director of Eagle Valley Land Trust, a Colorado non-profit corporation. Witness my hand and official seal. My commission expires: Notary Public 26 EXHIBIT A Legal Description of Parcel One A parcel of land located in Tract 39, Section 3, Township 5 South, Range 86 West of the 6th Principal Meridian, County of Eagle, State of Colorado, according to the Independent Survey of said township and range as accepted by the U.S. Surveyor General's office in Denver, Colorado on June 20, 1922, Said parcel being more specifically described as follows: Beginning at a point on the East boundary of said Tract 39, also being the Southeast Corner of a parcel of land described in Book 188 at Page 569 of the records of the County of Eagle, Colorado; Whence angle point 1 of said Tract 39 bears North 00°01'02" East, 145.28 feet; Thence South 89°57'10"West, 633.61 feet on the South boundary of said parcel; Thence North 10°59'00"West, 93.48 feet on the West boundary of said parcel to the Southerly R.O.W. of Interstate 70; Thence along the Southerly R.O.W. of Interstate 70; the following 4 courses and distances; 1) South 70°04'23"West, 232.68 feet; 2) South 56°52'53"West, 305.30 feet; 3) South 71°41'23"West, 1032.30 feet; 4) South 62°53'23"West, 306.49 feet; To a point on the East boundary of a parcel of land described in Book 297 at Page 723 of the records of the County of Eagle, Colorado; Thence along the Easterly boundary of said parcel South 06°00'28" East, 561.33 feet to a point on line 3-4 of said Tract 39; Thence North 89°55'25" East, 2319.62 feet on line 3-4 of Tract 39 to corner 4 of Tract 39; Thence North 00°01'02" East, 1174.00 feet on line 4-1 of Tract 39 To The Place of Beginning LESS and EXCEPTING a Right of Way to The Denver and Rio Grande Western Railroad, Said Right of Way is more specifically described as follows: Beginning at the point of intersection of the northerly R.O.W. of said Railroad and line 4-1 of said Tract 39 whence angle point 1 of said Tract 39 bears North 00°01'02" East, 882.21 feet; Thence on the northerly R.O.W. of said Railroad 254.34 feet on the arc of a curve to the right whose central angle is 08° 03'06", radius is 1809.86 feet, chord bearing of South 74°49'53"West, a distance of 254.13 feet; Thence South 78°51'26"West, 1932.33 feet on the Northerly R.O.W. of said railroad to the point of intersection with line 3-4 of Tract 39; Thence North 89°55'25" East, 1041.96 feet on line 3-4 of Tract 39 to the point of intersection with the Southerly R.O.W. of said Railroad; Thence North 78°51'26" East, 909.75 feet on the southerly R.O.W. of said Railroad; Thence continuing on said R.O.W. 213.16 feet on the arc of a curve to the left whose central angle is 06°04'36", radius is 2009.86 feet and a chord bearing of North 75°49'07" East a distance of 213.06 feet to the point of intersection with line 4-1 of Tract 39; Thence North 00°01'02" East, 210.53 feet on line 4-1 of Tract 39 To The Place of Beginning. 27 • EXHIBIT B Legal Description of Parcel Two A parcel of land located in Tract 39, Section 3, Township 5 South, Range 86 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, according to the Independent Resurvey of said Township and Range approved by the U.S. Surveyor General in Denver, Colorado, on June 20, 1922; said parcel of land being more particularly described as follows, to wit: Beginning at Corner No. 1, a point from which Corner No. 3 of Tract 39 bears West 2191.83 feet distant; thence N 05°55'53"W 451.49 feet to a witness corner for Corner No. 2 thence N 05°55'53"W 1.00 feet to Corner No. 2, a point on the Southerly right of way boundary line of U.S. Highway No. 6; thence along said right of way boundary line, 648.31 feet on a curve to the left having a radius of 3040.00 feet, the chord of which bears N 78°14'23" E 647.08 feet to Corner No. 3; thence along said right of way boundary line, N 70°48'19" E 182.19 feet to Corner No. 4; thence S 05°55'53" E 60.00 feet to a witness Corner No. 5; thence S 05°55'53" E 585.31 feet to Corner No. 5; thence West 575.48 feet to a witness corner for Corner No. 5; thence West 250.00 feet to Corner No. 1, The Point Of Beginning. EXCEPTING THEREFROM that portion of subject property contained in the Deed to the State Department of Highways recorded October 10, 1978 in Book 273 at Page 333. 28 X 5 \ J f0 1 m a \II\ X S % \\ ' 4 1 v % w \ ���4 1 ��4 I m' '�itirl 1 1 ���� 1 1 U a) •�• / it \ i C i•V• )j i✓ 1 1 (13 O ���� k sF F X CL V 0 m1 it 1 - py =_1 ;1 - 4 B ^ w1 x t X w o \ W Q y w6, p 1 Om r6 d 1 m Z \ //IIo� Rf" \ W I. \ \ 1 1 1 \ 1 1 To N N 2 w 0 < Q 1 O dv U I` • CO ■♦♦ CO p CD ♦ m s ' Z m fn \ C CO 1w m� ', h iI m Im42 r o d \° N \o p 8 °t Y co w U , 0 \ 23' ' I II Min MI 3 1 <J mom ` 0 1 3W I 1 ` EXHIBIT D Sample Notice of Transfer of Property To: Eagle Valley Land Trust ("Grantee") From: [Insert name of fee owner] ("Grantor") Pursuant to Section 11 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 11 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: BASELINE DOCUMENTATION REPORT • § roar rt Duck Pond Open Space Property Eagle County, Colorado Prepared For Eagle County Open Space Program and Eagle Valley Land Trust Prepared By Rare Earth Science, LLC PO Box 1245 Paonia, Colorado 81428 (970) 527-8445 August 20, 2013 EXHIBIT Baseline Documentation Report Duck Pond Open Space Property TABLE OF CONTENTS ACKNOWLEDGEMENT OF PRESENT CONDITIONS ii PREPARER CERTIFICATION STATEMENT iii 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 2 PHYSICAL CHARACTERISTICS OF THE PROPERTY 4 2.1 Improvements 4 2.2 Geology & Soils 6 2.3 Hydrology 6 2.4 Vegetation 7 3 LAND MANAGEMENT 8 3.1 Recreation 8 3.2 Weed Occurrences & Control 8 3.3 Minerals 9 4 RECREATIONAL OPPORTUNITIES FOR THE PUBLIC 9 5 OPEN SPACE 9 5.1 Scenic Characteristics 10 5.2 Significant Public Benefit 10 5.3 Consistency with Government Policy 10 6 RELATIVELY NATURAL HABITAT 12 6.1 Habitat for Threatened, Endangered, or Special Concern Species 13 6.2 Game Habitat 14 6.3 Habitat for Other Wildlife 15 7 REFERENCES 15 FIGURES (Following Main Text) 1. Locator& Regional Maps 2. Topographic Map 3. Photopoint Locations 4. Improvements & Selected Features 5. Soils Map 6. Vegetation Communities 7. Wildlife Ranges DOCUMENTARY PHOTOGRAPHS (Following Figures) ATTACHMENTS A. Selected Pages of Eagle County Board of Commissioners Resolution 2004-015 and Eagle County Comprehensive Plan August 20, 2013 i Rare Earth Science, LLC Baseline Documentation Report Duck Pond Open Space Property ACKNOWLEDGEMENT OF PRESENT CONDITIONS DUCK POND 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 Baseline Documentation Report, including text, maps, and photographs, is an accurate representation of the Duck Pond 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 Sara Fisher, Chairman Board of County Commissioners Eagle Valley Land Trust, GRANTEE Date Kara Heide, Executive Director August 20, 2013 ii Rare Earth Science, LLC Baseline Documentation Report Duck Pond Open Space Property PREPARER CERTIFICATION STATEMENT DUCK POND OPEN SPACE PROPERTY EAGLE COUNTY, COLORADO I, the undersigned, prepared this Baseline Documentation Report in accordance with Title 26 of the Internal Revenue Code (§1.170A-14(g)(5)]. To the best of my knowledge, this Baseline Documentation Report, including text, maps, and photographs, is an accurate representation of the Duck Pond 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 biologist at Rare Earth Science, I have personally prepared baseline documentation reports for more than 200 conservation easement projects in twelve 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 24 years of experience in consulting practice. F 8/20/13 Pawn R. Reeder Date Principal Biologist August 20, 2013 iii Rare Earth Science, LLC Baseline Documentation Report Duck Pond Open Space Property CONTACTS & BASIC INFORMATION SUMMARY CONSERVATION EASEMENT NAME Duck Pond 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 Eagle Valley Land Trust PO Box 3016 Edwards, Colorado 81632 (970) 748-7654 PRESENT CONDITIONS REPORT PREPARER Rare Earth Science, LLC PO Box 1245 Paonia, Colorado 81428 (970) 527-8445 dawn @rareearthscience.corn ACRES Total conserved acreage is approximately 55.5 acres PHYSICAL ADDRESS 6024 Highway 6, and 5572 Highway 6, Gypsum, Colorado PHYSICAL LOCATION Parts of Section 3, Township 5 South, Range 85 West (6th Principal Meridian), in Eagle County, Colorado LEGAL DESCRIPTION: See Exhibit A of the Deed of Conservation Easement EAGLE COUNTY PARCELS NO. 2113-033-000-05 (west parcel, 10 acres) and 2113-034-000- 09 (east parcel, 45.5 acres) ZONING OF THE PROPERTY: Rural August 20, 2013 iv Rare Earth Science, LLC Baseline Documentation Report Duck Pond O p en S p ace Pro p ert y 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") acquired an approximately 55.5-acre property in Eagle County, Colorado ("Duck Pond Open Space"), and to ensure the property's permanent conservation, is conveying a perpetual conservation easement on it to Eagle Valley Land Trust ("Land Trust" or"grantee"). The grantee is a non-profit corporation and a "qualified organization," as defined in §170(h) of the Internal Revenue Code, and a charitable organization as required under CRS §§38-30.5-104(2). The key individuals involved in developing this conservation project were the Eagle County Open Space Program staff, Colorado Division of Parks 8,Wildlife staff, and the staff of the Land Trust. The project is receiving funding from the Eagle County Open Space Program. 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 make it valuable for outdoor recreation opportunities for the public, but secondarily as scenic open space and relatively natural habitat for wildlife. This Baseline Documentation Report describes 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. Figure 1 shows the property's location 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 provides an aerial overview of the property and a key to documentary photograph locations. Figure 4 maps improvements and other important features on the property. Figures 5 and 6 present soils mapping and vegetation communities, respectively. The ranges of selected wildlife species are mapped on Figure 7. A list of global positioning system (GPS) coordinates for the documentary photographs is included on Figure 3. 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 August 31, 2012, review of information provided by the grantee and grantor, and research of available publications and other relevant documents, as cited. A follow-up visit was conducted on June 2, 2013, to confirm that baseline conditions on the property had not changed since the original field visit. August 20, 2013 1 Rare Earth Science, LLC Baseline Documentation Report Duck Pond Open Space Property Mapping for this document was created using ESRI®geographic information systems (GIS) software, ArcGIS 10.1 TM 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), as well as base maps sourced from the ESRI online server. 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 map was 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 map must not be considered a survey of improvements, but rather a simple inventory sketch. 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, or the typical appearance of the pond, which was dry at the time of the field visit (and during the 2013 confirmation visit). 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 Duck Pond Open Space property (hereafter, "property") is an Eagle River frontage property consisting of two separate adjacent parcels totaling approximately 55.5 acres in Eagle County, Colorado. The property lies approximately 3 miles west of the Town of Gypsum, and about 2 road miles east of the community of Dotsero, on Interstate 70 (Figure 1). A complete legal description of the property is provided in Exhibit A of the Deed of Conservation Easement(CE Deed). See the Contacts and Basic Information Summary in the front matter of this report for further information identifying the physical location of the property. The property is in a rural region of the rugged upper Colorado River drainage of the Southern Rocky Mountains Physiographic Province. The property lies in a narrow corridor of privately- owned acreages in the Eagle River valley between Dotsero and Gypsum, and is bounded on two sides by public lands administered by the U.S. Bureau of Land Management (Figure 1). An approximately 0.7-mile reach of Eagle River, a Colorado River tributary, bisects the property from east to west (Figure 2). According to the local U.S. Geological Survey (USGS) 7.5-minute topographic quadrangle (Figure 2), the ground surface elevation averages approximately 6,000 feet above mean sea level at the property. The property is bounded on the north by the U.S. Highway 6 and Interstate 70 corridor (Figures 2 and 3). A Union Pacific (UP) railroad line crosses the southeast part of the property, south of Eagle River. The surrounding area consists of similar terrain—open river valley flanked by steep hills vegetated with pinyon-juniper woodlands to the north and south. The property is accessed from the north off of U.S. Highway 6 (Figures 2, 3, and 4). There is no public road access to that part of the property lying south of Eagle River. August 20, 2013 2 Rare Earth Science, LLC Baseline Documentation Report Duck Pond Open Space Property The property is unoccupied and mostly undeveloped, and is used for recreation (by sport- fishers, by waterfowl hunters, and by boaters floating Eagle River). Improvements on the property include limited fencing, improved and unimproved access roads, parking areas, an overhead power alignment, buried domestic utilities, and a public recreational trail (not yet surfaced). The grantor acquired the parcels in 2009 and 2011, and removed several dilapidated structures and associated debris from the property prior to the baseline field visit. The CE Deed provides for continued recreational enjoyment by the public, and for recreational improvements. Planned improvements include a driveway and parking lot, boat launch, signage, picnic grounds, multi-purpose trails, restrooms, and duck blinds. 1.3 Directions to the Property Directions from the Town of Gypsum are as follows (see Figure 1): • From the Interstate 70 Trail Gulch Road Exit at Gypsum, take U.S. Highway 6 west for approximately 3.7 miles to the property's east driveway on the left (south), where the street address is 6024 Highway 6. • Travel another 0.3 mile west on U.S. Highway 6 to reach the property's west driveway on the left (south), where the street address is 5572 Highway 6. 1.4 Summary of the Property's Conservation Purpose The purpose of the conservation easement is to preserve, in perpetuity, the following conservation values: 1. Recreation. The property encompasses an approximately 0.7-mile reach of Eagle River, a Colorado River tributary, which receives regular float use by the general public for recreational purposes such as rafting and fishing. The CE Deed accommodates public use of the property, including non-motorized use of a public recreational trail, fishing, waterfowl hunting, boat launching and landing, and public parking related to these activities. A boat ramp, restrooms, and a picnic area are also planned for the benefit of the public. From the strategic perspective of the grantor, the parking and river access opportunities to be ensured by the CE Deed will provide a significant increase in public recreational opportunities on Eagle River, on a scenic and rural reach currently with very limited public access. The acquisition of this property to provide public recreation opportunities, along with its preservation under the conservation easement, are 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. 2. Open space. The property's scenic water features (Eagle River and the seasonal pond), are flanked by native riparian vegetation and native upland shrublands, within the interesting cliff and canyon topography of surrounding BLM lands. Under the conservation easement, the property will continue to provide an opportunity for the general public to appreciate its scenic values in perpetuity. The property is visually accessible to the public from Interstate 70 and U.S. Highway 6, and from nearby and adjacent BLM lands, which are actively used by the citizens of Eagle County and the State of Colorado. The policies of the State of Colorado and Eagle County consider August 20, 2013 3 Rare Earth Science, LLC Baseline Documentation Report Duck Pond Open Space Property 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, with the potential to detract from the natural scenic character of the region. Prior to the grantor's ownership of the property, two residential sites with appurtenant structures existed on the property near the riparian corridor of Eagle River. This prior development, which was removed from the property by the grantor, diminished the scenic and natural character of the property and the surrounding area, and compromised the public's experience of the lower Eagle River valley while traveling through this mostly undeveloped canyon corridor along Interstate 70 and U.S. Highway 6. The conservation easement on the property will permanently retire the potential for redevelopment of at least two residential sites in a corridor of low development density with unique scenic characteristics. 3. Relatively natural habitat. The property features a 0.7-mile reach of Eagle River and its associated riparian shrub corridor, upland native shrublands, and a seasonal pond that provide forage, cover, breeding grounds, and migration corridors for a variety of wildlife. The property's habitat is"significant" as defined by U.S. Treasury Regulations at §1.170A-14(d), because it supports or potentially supports species considered rare, threatened, or of special concern—namely bald eagle, North American river otter, and northern leopard frog. The property also lies within summer range and critical winter range for mule deer; within summer, winter, and severe winter range for elk; and within overall range for black bear, mountain lion, and moose. 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 important on the landscape scale because it adjoins extensive public lands (BLM lands lie to the south, and are connected to the White River National Forest). 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 taken at the photopoints shown on Figure 3. 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 4. Buildings. There are no habitable structures on the property. A small wood-framed shed serves as a well house in the west part of the property near the right bank of Eagle River (Photopoint 33). Several buildings, including two houses and appurtenant structures. were recently demolished and removed from the property in the residential areas identified on Figure 4. • Roads, trails, and other transportation infrastructure. The U.S. Highway 6 right-of-way fronts the property's north boundary. From Highway 6, two driveways enter the property's north boundary, leading to former residence sites (Figure 4 and Photopoints 2, 4, 14, 27, and 29). A lightly graveled spur off the east driveway leads to a small parking area demarked with boulders (Photopoint 5), and a graded area east of the pond August 20, 2013 4 Rare Earth Science, LLC Baseline Documentation Report Duck Pond Open Space Property basin (Photopoint 15). The east driveway is graveled to the former location of a residence (Photopoint 14). The west driveway is asphalt from its entrance off Highway 6, extending south about 300 feet toward the right bank of Eagle River. Unimproved spur roads extend a short distance off both driveways, as shown on Figure 4. A public trail (for non-motorized use) is under construction along the north property boundary in the approximate alignment shown on Figure 4 (Photopoints 4, 16, and 18). A railroad alignment traverses the south part of the property (Figure 4). • Fences. At the time of the field visit, the property is fenced in the approximate locations shown on Figure 4. Fencing materials consisted of barbed wire and/or page wire. The typical appearance of the fencing is shown at Photopoints 2 and 19. No fencing on the property inhibited the passage of big game or other wildlife. ® Pond. The property features an approximately 4-acre seasonal pond in what appeared to be an old river meander in the north-central part of the property (Photopoints 17, 19, and 20). A heavily vegetated low earthen dike lies between the pond basin and Eagle River. According to the grantor, the pond typically holds water seasonally, and is charged by shallow groundwater and by surface water carried in a ditch (or"trench"— see Photopoint 8) from the right bank of Eagle River to the pond during times of high water. The exact location of the trench's entrance to the pond is uncertain. The pond was dry at the time of the field visit. No irrigation water rights are associated with the property. A few lengths of 3-inch-diameter aluminum irrigation pipe were observed in the vegetation on the low dike south of the pond basin (Photopoint 23). Its purpose is uncertain. • Utilities. The only utilities visible (above ground) on the property are the overhead powerlines spanning the property in the approximate alignment shown on Figure 4. The powerlines served the former residence areas on each parcel, near where pole-mounted transformers are still present (Photopoints 13 and 33). Buried utilities demarked by Carsonite posts or stakes exist along the south side of U.S. Highway 6, and might lie within the property's north boundary (Photopoint 3). Also, near the well shack, a utility panel suggests the presence of buried utilities (Photopoint 33), likely from the location of the nearby pole mounted transformer. Buried septic systems may be associated with each of the residential areas outlined on Figure 4. A water well is present near the location of the well shack in the west part of the property, and a possible water well was observed in the east part of the property at the location of Photopoint 10 (potentially a hand dug well with plastic corrugated pipe casing covered with a board). • Dumps and debris. No active or historic dumps were observed on the property during the field visit. However, minor amounts of debris, such as wood scraps or chips (Photopoint 14), old steel rebar, asphalt, and concrete are scattered near the east former residence area. Presumably, these items remained following the demolition of the residence or residence-related structures in that location. • Signage. Informational signs measuring about 4-feet by 5-feet were located at each of the two driveway entrances to the property (Photopoints 2 and 27). • Temporarily stored gravel. The County is temporarily storing a large pile(s) of gravel on the west part of the property, near the west entrance. August 20, 2013 5 Rare Earth Science, LLC Baseline Documentation Report Duck Pond Open Space Property 2.2 Geology & Soils The property lies in the rugged, high-elevation terrain of the Southern Rocky Mountains physiographic province, which is characterized by cliffs, canyons and gulches cut in gently- dipping to broadly-folded sedimentary rocks of Pennsylvanian to Cretaceous age. The Geologic Map of the Dotsero Quadrangle, Garfield and Eagle Counties, Colorado (Streufert et al. 2008) was reviewed for an understanding of local surface and subsurface geologic conditions. The property is comprised primarily of younger alluvial and colluvial debris-flow deposits (Holocene) (Map Unit Qdfy), and is bisected by the Eagle River anticline. The property's soils are derived from the geologic conditions described above, and generally consist of loam's, and sandy or cobbly loam's. 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 four soil types at the property, including the following dominant units (Figure 5): Redrob loam, 1 to 6 percent slopes (Map Unit 92, approximately 23 percent of the property's acreage), Yamo loam, 6 to 12 percent slopes (Map Unit 115, approximately 43 percent of the property's acreage), and Southace cobbly sandy loam, 12 to 25 percent slopes (Map Unit 98), approximately 8 percent of the property's acreage). According to NRCS, the soil types at the property are ranked as "poor" sources of sand and gravel construction materials. Redrob loam is infrequently flooded by Eagle River. Mapped soil units corresponded reasonably well with field observations on the property. 2.3 Hydrology The principal surface water feature on the property is an approximately 0.7-mile reach of Eagle River (Photopoints 1, 8, 10, 11, 21, and 25), and its corridor of native mixed riparian shrublands. Eagle 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 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). 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). Eagle 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 region routinely use riparian areas for food, water, cover or migration routes. About 30 percent of the region's bird species use riparian corridors, wetlands, and other aquatic areas to the exclusion of upland habitats (Knopf 1989). The other major surface water feature on the property is an approximately 4-acre pond basin in an old river meander in the north-central part of the property (Photopoints 17, 19, and 20). The pond was dry at the time of the field visit. The pond typically holds water seasonally, charged by groundwater and by surface water carried in a ditch (or"trench") from the right bank of Eagle River to the pond during high water. Also, a culvert north of the pond conveys surface runoff from under from north of Highway 6 and Interstate 70 to the pond basin. No irrigation or water August 20, 2013 6 Rare Earth Science, LLC Baseline Documentation Report Duck Pond Open Space Property storage rights are associated with the property. The approximate locations of the property's water features are marked on Figures 4 and 6. 2.4 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 6 shows a generalized map of the property's vegetation communities, which are discussed in the following buffeted 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. + Mixed saltbush shrubland (approximately 14 acres; Photopoints 6 and 7). The mixed saltbush shrubland was dominated by mature greasewood (Sarcobatus vermiculatus) with a fairly tall and dense canopy. Also present were four-wing saltbush (Atriplex canescens) and rabbitbrush (Chrysothamnus nauseosus). The herbaceous understory was mainly saltgrass (Distichlis stricta), smooth brome (Bromus inermis), or western wheatgrass (Pascopyrum smithii), with percent ground cover ranging from less than 5 percent to nearly 100 percent. Near disturbed areas, the understory also contained the non-native plants povertyweed (Iva axillaris) and Russian knapweed (Acroptilon repens). + Mixed riparian shrubland (approximately 9 acres; Photopoints 8, 9, 10, 11, 21, 22, and 23). The Eagle River corridor through the property featured dense stands of mixed riparian shrubs dominated by coyote willow (Salix exigua) and three-leaf sumac(Rhus trilobata). Also present were scattered river hawthorn (Crataegus rivularis), silver buffaloberry (Shepherdia argentea), wild rose (Rosa sp.), rabbitbrush, and clematis (Clematis sp.). The understory contained wild licorice (Glycyrrhiza sp.), goldenrod (Solidago sp.), alkali marsh aster (Almutaster paucifloris), American vetch (Vicia Americana), false Solomon's seal (Maianthemum stellatum), horsemint (Agastache urticifolia), smooth brome, and scattered thistles (Canada thistle [Cirsium arvense], plumeless thistle [Carduus acanthoides], and musk thistle [Carduus nutans]). Closer to the waterline, were emergent plants such as reed canary grass (Phalaris arundinacea), spikerush (Eliocharis sp.), softstem bulrush (Schoenoplectus tabernaemontan), and mare's-tail (Equisetum spp.). Above the recently wetted zone was sweetclover(Melilotus sp.), barnyard grass (Echinochloa crus-galli), and a few dense stands of cottonwood seedlings (Populus deltoides). The property's riparian areas provide habitat for number of small mammals, migratory birds, reptile, and amphibian species in the region. • Sagebrush shrubland (approximately 9 acres). Sagebrush shrublands were present on the property south of Eagle River, above the lower river terrace. The shrublands consisted of big sagebrush (Artemisia tridentata), with rabbitbrush in the transition areas between the sagebrush and mixed saltbush shrublands. The shrubland understory is assumed to be similar to that of the mixed saltbush shrubland, but with the addition of prickly pear(Opuntia sp.) and upland native forbs typically associated with sagebrush (the sagebrush shrublands were not closely inspected during the field visit). Sagebrush shrublands provide important winter critical winter habitat for big game ungulates. • Open water (Eagle River; approximately 9 acres). Nearly one-tenth of the property encompasses open water or, during low water periods, the mostly unvegetated river bed of Eagle River. The continued health and rejuvenation of the property's riparian August 20, 2013 7 Rare Earth Science, LLC Base line Documentation Report Duck Pond Open Space Property shrublands and fringe 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 Eagle River will not occur, allowing the river to reasonably shift in its floodplain and undergo the dynamic geomorphologic changes of a healthy river system. Pond basin (approximately 4 acres). The pond basin was dry at the time of the site visit. The deepest part of the basin was mostly bare ground (cracked and with surficial alkali deposits), whereas shallower areas of the basin contained dense stands of annual and perennial weeds, including hairy smotherweed (Bassia hyssopifolia), lambsquarters (Chenopodium album), kochia (Kochia scoparia), ragweed (Ambrosia sp.), sorrel (Rumex acetosa), bull thistle (Cirsium vulgare), and foxtail barley (Hordeum jubatum). Around the pond margins, were stands of native plants such as saltgrass, sparse patches of coyote willow, and sea milkwort (Glaux maritima). The cut stumps of the non- native tamarisk or salt cedar(Tamarix sp.) were present around the south and southwest edge of the pond basin, with only a few live salt cedar seedlings remaining among them. Ruderal (approximately 10 acres; Photopoints 5, 12, 13, 14, 15, and 27 through 33). Three general ruderal areas (disturbed and mainly without native vegetation) are marked on the vegetation communities map (Figure 6). They are the two former residence areas and the railroad alignment. The east former residence area (Photopoints 11 and 12) has a few dead poplars (presumably near the previous location of a house), and ground cover is mainly hairy smotherweed and Russian knapweed. These weeds extend into the adjoining greasewood shrubland understory. Ruderal weeds are also present on the boulder-lined parking area and the"trench" area described in Section 2.3. The west former residence area contains a variety of ruderal weeds—mostly kochia and tumbleweed (Salsola kale)—but also saltgrass, western wheatgrasss, alfalfa, and smooth brome. A small stand of cottonwoods (Populus deltoides) remains at the former location of a residence. 3 LAND MANAGEMENT The property is actively managed primarily for recreational opportunities for the public. 3.1 Recreation Currently, the property accommodates passive recreation on the property, such as walk-in fishing. A public trail connecting up and down-valley stretches of trails is under construction on the north part of the property (parallel to U.S. Highway 6). Signs posted at the two property entrances explain the permitted public uses of the property. 3.2 Weed Occurrences & Control Eagle County actively manages List A and B noxious weeds on open space lands according to current regulations. 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. August 20, 2013 8 Rare Earth Science, LLC Base line Documentation Report Duck Pond Open Space Property "List B" noxious weeds observed on the property were Russian knapweed (Acroptilon repens), Canada thistle (Cirsium arvense), bull thistle (Cirsium vulgare), musk thistle (Carduus nutans), and salt cedar (Tamarix sp.). List B noxious weeds have state management plans (or planning is in progress) to stop their continued spread. The thistles appeared to be limited to the riparian or near riparian corridor. Russian knapweed was present around the east former residence area and the east fringes of the pond. "List C" noxious weeds observed on the property include 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. Common mullein was scattered along the river, and cheatgrass was sparsely present in the greasewood shrublands. Because much of the north part of the property is formerly disturbed (by homesites, residential activities, and agricultural activities), many common ruderal weeds were present in these areas at the time of the field visit. Common ruderal weeds observed were annual herbaceous non- natives such as sweetclover lambsquarters, ragweed, kochia, foxtail barley, sorrel, poverty weed, and Russian thistle (aka tumbleweed), which were present around the pond and in the pond basin. All the weeds mentioned in this report section are common and widespread in the region, and not considered directly harmful to livestock or wildlife, except Russian knapweed, which is toxic to horses. 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 wholly owned by the grantor. 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 RECREATIONAL OPPORTUNITIES FOR THE PUBLIC The property is bisected by approximately 0.7 mile of Eagle River (Figures 2 and 3), which receives regular float use by the general public for rafting and fishing recreational purposes. The CE Deed accommodates public use of the property, including non-motorized use of a public recreational trail, fishing, waterfowl hunting, boat launching and landing, and public parking related to these activities. From the strategic perspective of the grantor, the parking, river access, and enjoyment opportunities to be ensured by the CE Deed will provide a significant increase in public recreational opportunities upstream of Dotsero (Dotsero Landing) in an area currently with very limited public access. The acquisition and conservation of this property to provide public recreation opportunities and a river access point 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. 5 OPEN SPACE The property provides scenic views and recreational open space for the benefit of the public (see Section 1.4 for a summary of the property's conservation values). The open space August 20, 2013 9 Rare Earth Science, LLC Baseline Documentation Report Duck Pond Open Space Property conservation value of the property is described in detail below and depicted in figures and documentary photographs following the main text of this report. Documentary photographs were taken at the photopoints shown on Figure 3. 5.1 Scenic Characteristics The property possesses scenic characteristics. The property's aesthetically-pleasing and harmonious array of shapes and textures, created by its shrublands and riparian corridor, 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 Eagle River, and to tens of thousands of people traveling on Interstate 70 and U.S. Highway 6 monthly. Preservation of the property will continue to provide an opportunity for the general public to appreciate its scenic values. 5.2 Significant Public Benefit Preservation of the property under a conservation easement will yield significant public benefit because its open space provides a) scenic enjoyment for the general public, b) wildlife habitat at the site-specific level and habitat connectivity at the landscape level (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 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 less than 4 miles west of the Town of Gypsum and approximately 13 miles west 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. Without protection, the likelihood of development (or re-development) of the property at a density which compromises the scenic rural character of the vicinity is high. 5.3 Consistency with Government Policy A conservation easement on the property is supported by policy at the state and regional/local levels: State policy. Colorado Revised Statutes (CRS) provide for the establishment of conservation easements to maintain land "in a natural, scenic, or open condition, or for August 20, 2013 10 Rare Earth Science, LLC Baseline Documentation Report Duck Pond Open Space Property 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 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 topographic 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): August 20, 2013 11 Rare Earth Science, LLC Baseline Documentation Report Duck Pond Open Space Property 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 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). a 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 less economic importance and those on the rare and endangered species list should be actively monitored and protected (3.7.2.c). 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), including conservation easements and the transfer of development rights. • 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 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 shrublands, riparian corridor, and aquatic areas provide important relatively natural habitat and habitat linkages for wildlife in the area. Surface water resources and vegetation communities on the property are August 20, 2013 12 Rare Earth Science, LLC Baseline Documentation Report Duck Pond Open Space Property described in Sections 2.4 and 2.5 of this report, and their locations are shown on Figures 4 and 6. The appearance of the property's relatively natural habitat is depicted in documentary photographs following the main text of this report. Documentary photographs were taken at the photopoints shown on Figure 3. The ranges of selected wildlife species are mapped, relative to the property, on Figure 7. 6.1 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 (CPW 2013a) 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 Species of Concern). The property lies within bald eagle winter range and winter foraging range mapped by CPW(Figure 7). Bald eagles are observed regularly along the Eagle River corridor during winter months, foraging for fish, rodents, and carrion. 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. • 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 river otters, which typically require approximately 1.5 to 8 miles of stream or shoreline per pair, depending on prey resources, and stream flow of at least 50 cubic feet per second (Boyle 2006). Other requirements met by the habitat on the property are food resources (fish, small mammals such as beaver), 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 7). To date, no river otters have been officially documented in the local reach of Eagle River, but river otters were observed and photographed by Eagle County Commissioner Jon Stavney during winter of 2012-2013 approximately 2 miles downstream of the property on the Colorado River near Dotsero. • Northern leopard frog. The property features excellent breeding habitat for the northern leopard frog in its riparian corridor. 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 August 20, 2013 13 Rare Earth Science, LLC Baseline Documentation Report Duck Pond Open Space Property 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). 6.2 Game Habitat The property lies within the overall ranges of game species including mule deer, American elk, moose, 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 7). 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 2013b), 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. Elk are expected to occur on the property with regularity. Elk scat was observed on the property. • 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 7). 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 good fawning habitat in the Eagle 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 2012, 73,705 licensed hunters harvested 33,086 mule deer in a total of 332,573 recreation days (CPW 2013c). Mule deer sign (scat)was noted throughout the property. • Moose. The property lies within the overall range of moose mapped by CPW(Figure 7). 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 habitat provides attractive forage and a movement corridor for this important big game ungulate. • 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 August 20, 2013 14 Rare Earth Science, LLC Base line Documentation Report Duck Pond Open Space Property to occur on the property occasionally, following the movements of mule deer, their primary prey. • 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 or near densely vegetated riparian corridors. 6.3 Habitat for Other Wildlife The property provides habitat or habitat linkages for small animals with large home ranges moving across the surrounding landscape, 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, northern harrier, and American kestrel hunt for abundant small prey in the area. An osprey nest site lies about 3 miles west of the property near the confluence of Eagle River and the Colorado River (Figure 7). 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 7). A variety of waterfowl potentially find nesting, brood-rearing, or migratory habitat on the property, including mallard, teal, Canada goose, and common merganser. In addition to northern leopard frog, amphibians such as Woodhouse's toad, chorus frog, and tiger salamander likely inhabit the property's riparian corridor and pond basin when it contains water. Small mammals such as coyote, fox, bobcat, beaver, badger, striped skunk, raccoon, cottontail, chipmunks, squirrels, mice, voles, and shrews are known or expected to inhabit or visit the property and utilize its mosaic of habitat types. Evidence of recent beaver activity was observed on the right river bank and right river terrace, including beaver slides and cut willow stumps. Several bat species are expected to occur as seasonal migrants or visitors on the property, roosting in nearby cliff crevices and tree snags by day and foraging at dawn and dusk over the property's shrublands and riparian corridor. Reptiles anticipated to occur on the property are western terrestrial garter snake, bull snake, smooth green snake, and sagebrush lizard. Eagle River supports an active trout fishery. 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. 2nd 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/assessmentslnorthamericanriverotter.pdf[accessed on January 23, 2009]. August 20, 2013 15 Rare Earth Science, LLC Baseline Documentation Report Duck Pond Open Space Property 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/Satell ite/Agriculture-Main/CDAG/1174084048733. CPW. 2013a. List of Threatened and Endangered List http://wildlife.state.co.us/WildlifeSpecies/ SpeciesOfConcern/ThreatenedEndangeredList/Pages/ListOfThreatenedAndEndangeredSp ecies.aspx. Updated December 21, 2011. CPW. 2013b. 2012 Elk Harvest, Hunters and Recreation Days for All Manners of Take. At http://wildlife.state.co.us/SiteCollectionDocuments/DOW/Hunting/BigGame/Statistics/Elk/201 2EIkHarvestSurvey.pdf. Viewed March 12, 2013. CPW. 2013c. 2012 Deer Harvest, Hunters and Recreation Days for All Manners of Take. At http://wildlife.state.co.us/SiteCollectionDocu ments/DOW/Hunting/BigGame/Statistics/Deer/2 012DeerHarvestSurvey.pdf. Viewed March 12, 2013. 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.usNVeeds/Weed_Information/. Hamilton, J.E. 2008. Conservation Easement Drafting and Documentation. lst Edition. Washington D.C.: Land Trust Alliance. 324 pp. Hammerson, G.A. 1999. Amphibians & Reptiles in Colorado. 2nd Ed. Boulder: Univ. Press of Colorado. 484 pp. Kingery, H.E. (Editor). 1998. Colorado Breeding Bird Atlas. Denver: Co. Bird Atlas Partnership & Co. Division of Wildlife. 636 pp. Knopf, F. L. 1989. Riparian wildlife habitats: more, worth less, and under invasion. Pp. 20-22 In: Mutz, K., Cooper, D., Scott, M. and Miller, L., editors. Restoration, creation, and management of wetland and riparian ecosystems in the American West. Society of Wetland Scientists, Rocky Mountain Chapter, Boulder, CO. 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/. August 20, 2013 16 Rare Earth Science, LLC Baseline Documentation Report — _ Duck Pond Open Space Property 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://vvww.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 Streufert, R.K., R.M. Kirkham, T.J Schroeder II, and B.L. Widmann. 2008. Geologic map of the Dotsero Quadrangle, Garfield and Eagle Counties, Colorado: Colorado Geologic Survey, Open File Report 08-14, scale 1:24,000. Weber, William A. and Ronald C. Wittmann. 2001. Colorado Flora: Western Slope. Third Ed. Boulder: University of Colorado Press. Whitson, T.D. (Ed.) 2000. Weeds of the West. Ninth Ed. Newark: The Western Society of Weed Science, University of Wyoming, & Western U.S. Land Grant Universities Cooperative Extension Services. Yuhas, R. H. 1996. National Water Summary on Wetland Resources: Loss of Wetlands in the Southwestern United States. U.S. Geological Survey Water-Supply Paper 2425. August 20, 2013 17 Rare Earth Science, LLC Baseline Documentation Report Duck Pond Open Space Property FIGURES August 20, 2013 Rare Earth Science, LLC ° USGS 1:100000 Topographic Map r. ` � .';',,t, 1 ` y Portion of Eagle County,Colorado,Mosaic I ' Effective Scale 1:100,000 t *�` ' �� r All Locations Approximate over pp T.Gypsum* ,5- I ti '.....,7,,,p . x. 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O H U C '^ V H O• v V a) a E Y O Q L d t d o m a, c v a o o E n 2 c c Cl - ..- U C o 00 C G 0 O ..,4 -� U) `c r 4- 0 �- E o e_.� 4_ a CO■ 0 2 = a . o_ o a . © . , ��� w \ ; \? < � . � . § . . y \\ : . \ \ U , \ \ � 2a ƒ kf § } \ t . ƒ � -9 / mLU / G 0 0 0 a -4 a ± al\ \ 2 " ^ a = £ § , \ § •{ . �_ k \ k \ _c \ § // 7 ; . \ r O f } c o ¢ 2 o_ § 5 § ƒ § t o 0.\ Cr; k R c \ c s a .5 0% 0 2 f .. a \ < ? » \ , . ) ® 0 c 0 £ 2 \ . j Baseline Documentation Report Duck Pond Open Space Property ATTACHMENT A Selected Pages Eagle County Board of Commissioners Resolution 2004-015 and Eagle County Comprehensive Plan August 20, 2013 Rare Earth Science, LLC . 3 , EAGLE COUNTY. CO 200703519 TEAK J SIMONTON zw: 2... Do.•.1;45:04pm 02/071201A7 t • / Commissioner ` �� i moved adoption of following Resolution: BOARD OF COUNTY COMVHSSIONERS COUNTY OF EAGLE,STATE OF COLORADO (1/11 RESOLUTION NO.2004-.a.5 RESOLUTION APPROVING THE AMENDMENT AND RESTATMENT OF RESOLUTION NO.2003-97 RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF THE.EAGLE COUNTY OPEN SPACE PROGRAM, ' MTN SIM ADVISORY COMMITTEE AND EAGLE COUNTY OPEN SPACE FUND : '. WHEREAS,on August 19,2003,a resolution (Resolution No.2003-97) providing for the extablishment of the Ragle County Opeu 3p+u.e Program Cam• wail ,. Advisory Committee and Eagle County �- . g1 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 • wlmE>[tEAt9,it L�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 wEIElEAS,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 1003-97;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 cstnblish earmarked tending for the purpose of acquiring, maintaining,or permanently preserving Open Space in Eagle County,and 410 WHEREAS, the purpose of Referendum I H includes goals such as preserving wildlife habitat,protecting wurking Ianns 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 • v WHEREAS,Referendum 1H provides that all proceeds of the Open Space Tax aria Investment 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 Hi,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,i„fug tlicrance or me 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 RRSOLVED 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 Sporn in Eoalc Cuuuty, anti 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 County 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 1H including acquisitions by donations,bequests,devise, dedication, or purchase,pursuant to Colorado Revised Statute 30-11-101. 2 I { 2. The management,maintenance,or preservation of en Space associated natural,pastoral, wildlife,conservation or public access values of lands onservationd easements or other interests in land.,acquired by the county,alone or in association with other • entiti es. 3. The monitoring of any lands,conservation easement, or other interests in land acquired and held by the county: alone ;n association with othei cutiUt s,and me 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. D. Adrnintsrraant ce' I. Lands,conservation easements or other interest in land acquired by Eagle County pursuant to the authority of Referendum 111,or other federal or state authority, shall bo 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 organization with experience in open space administration,state or federal agency, or a unit of local allowed by the County to hold and administer County loved open t in space. In County,:nay he ty acq ed ope space. In addition,County acquired property may be transferred to a qualified entity,provided the County retain a permanent and non-revocable 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,undo paragraph 03)(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 r (' ArnomAmen+of 1?oceato;esn 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 accessary for tho public health,su!'cty and wclfarc of the citizens of the Counry of Eagle,State of Colorado. • Section 2. Establishment of the Eagle County Citizens' f'iti�ens'( r en Snare 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 County Commissioners and shall make recommendations to the commissioners on matters pertaining 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 ahafl 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,Minturn,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 front the above named towns'that were either nominated or not and one(I)utewber 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 buoincaa of ranching or agricultun o and Lulu the Rowing Funk 4 1 • .y Valiny c. If an unincorporated area incorporates as a municipality after the 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 eine of • the Citizens' Open Space Advisory Committee, as determined ro ate b aPP lm by the Board. 2. Members shall serve staggered three-year terms. Dates in which the terms of the members shall commence will be determined once the Anard 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 term 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 shall not be compensated for their services,but may be reimbursed for expenaea actually incurred in the perforruauw of their dudes In accorlance With Eagle County policy. 4. The Citizens'Open Space Advisory Committee shall provide a recommendation of approval nr divipprnval to the Board of County Commiardoncea 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 b000mce 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 recommendations to the Board of County Comuiissiuncrs 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 • values,quality of the resource,property size large enough to protect conservation values,which (' shall be 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 acquired by the County. In addition,the Citizens'Open Space Advisory Committee should include 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.K.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 Citizona'Open Space Advisory Committoo shall only be in an odrisviy eya.fly. 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. Notcvit standing,unexoused eboonoos from two or morc meetings during a calendar year may result in termination of the member's service on the Citizens'Open Space Advisory Committee. B. The Citizens' Oven 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 bonging or otner borrowing autnonty 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 npen cpAeP management and administration. 6 • .i.- z Yy; C. Citizens' Open Space Advisory Committee Organization; I. 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 snau 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 suasion. 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 1 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 co uuriltee 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"Oren en Space"ani "Open Space Maintenance or Proeorvation": 1. 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 poacese values such as fish and wildlife habitat or migration routes;wolking 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 formatimis;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 rest to a primarily undevelo ed,natural, or astoral character if such restoration has been approved as part of an officially a opted Eagle County or municipal plan. 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 character existing as of the date of acquisition. The natural values of open apace Lands may be rehabilitated or enhanced through water,soil, fish,wildlife,or other conservation techniques. As determined apptuptlate 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, snuwmobiling ur other o1r 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 eublic 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 chAU 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 Eaelc 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 lie constructed to prohibit Eagle Cvuuty Board of County Commissioners from contributing to the Fund from time to time,if they determine 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 County of Eagle,State of Colorado. 8 J f�l .4YeN y tf ( MOVED,READ AND ADOPTED by the Board of County Commissioners of be County of Eagle, State of Colorado, at its.regular meeting held the t day of ea,��L�2004. g ' COUNTY OF EAGLE, STATE OF * * COLORADO,By and Through Its A7 TES : • ''o fsme BOARD OF COUNTY COMMTSStONFRS B . + ,. ..�. .l. By: Clerk to the Board of /) Tom C Stone • county Commissioners ,:' „:, ' By: Al ! ,_ MIC' 1 L. C iallagher Co,�s' ,•oner By: �; Am M. Menconi Commissioner Commission �/ seconded adoption of the foregoing resolution. The roll having been called,thee was as follows: Commissioner Torn C. Stone /7,!ce:irz Conimissioner Michael L. Gallagher,, Commissioner Ana M.Menconi This Rcsolutiou passel by 11111.7,«ltli i,) vote of the Board of County Commissioners of the County of Eagle,State of Colorado. G:IVVIWArnvndmeu to Resolution opetspace I.20-04.DOC 9 • . ; 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 Background Information: Please refer 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 Governors Office of Energy Management and Conservation. Rebuild Colorado Program Urban Land Institute American Planning Association Colorado Sustainability Project, Inc. 3.2.2 Quality 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 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. 3.3.5 Other Industries 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. 1. 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. 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 less -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. 3.5 Infrastructure & Services 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. 3.5.1 Background Information: 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. 3.6,5 River Recreation Policies: i. 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. 3.6.6 Land Use near Streams and Rivers 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. • 3.7 Wildlife Resources Goal: Preserve and/or enhance the quality of wildlife habitat, and the vitality of wildlife populations in Eagle County. 31.1 Background Information 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 less 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 economic 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: Bald Eagle Mule Deer Bighorn Sheep Peregrine Falcon Black Bear Sage Grouse Elk 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 loss 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 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 continue to endorse the practices outlined in this plan, and should support efforts to protect identified sage grouse habitats. A third concern 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 fences 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. Elk 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 control 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. 3.7.3 Development 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 3.8 Sensitive Lands 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. 3.8.1 Background Information: 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 (OAHPI 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 Dotsero, the Colorado River from Dotsero to the Garfield County line, and Brush Creek above the Town of Eagle. 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 landform 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 historic resources date back to Native American occupation, and include sites and structures reflective 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 compensat on 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 Duck Pond Open Space Management Plan October 2013 Purpose: Eagle County owns two contiguous parcels of land, Parcel One and Parcel Two, consisting of approximately 55 acres,which Eagle County purchased in 2009 and 2011 using Open Space Funds (the "Property"). The County has conveyed to Eagle Valley Land Trust ("EVLT") a Deed of Conservation Easement ("Conservation Easement") that encumbers the Property and protects the Conservation Values of the Property (as described in the Conservation Easement) in perpetuity. The Conservation Easement provides for a management plan (the "Plan") that outlines the uses and management of the Property in a manner that is consistent with the Conservation Easement. All management activities conducted by Eagle County, contractors or managing partners, such as Colorado Parks &Wildlife, must be consistent with the Conservation Easement. Background: The Property is located between Gypsum and Dotsero along US Highway 6 in Eagle County, Colorado. The purpose of the County's purchase of the Property was to protect wildlife habitat, preserve natural scenic features, provide numerous forms of public recreational access, and complete significant habitat improvement projects, including expansion of an ephemeral pond in consultation with Colorado Parks &Wildlife. The particular Conservation Values of the Property are summarized in the Conservation Easement and more fully described in the Present Conditions Report prepared by Rare Earth Science, LLC in August 2013 ("Present Conditions Report"). When acquired, the Property contained numerous structures, including houses, barns, and outbuildings. All structures were evaluated by Eagle County Public Works staff and determined to be severely dilapidated and unsafe. Thus, all structures except for the well house were demolished and removed. In addition, Parcel Two was littered with construction equipment, abandoned vehicles, household waste, and other forms of debris. By late 2011 all this material was cleared from the Property. Natural Resources: The Present Conditions Report most accurately describes the current condition of the Property. The Property is bisected by the Eagle River, and thus contains extensive native wetlands, including species such as willows, sedges and ruses. The Eagle River is undammed and experiences a relatively natural hydrology like most free-flowing Rocky Mountain Rivers,with highest flows in the months of May, June, and July. The upland portion of the Property contains native and introduced grasses, shrubs, a large cottonwood grove, and minor infestations of noxious weeds. A small depression lies north of the Eagle River and periodically fills with water during high water years, but is most commonly dry. EXHIBIT Ic 1 Natural Management: Eagle County Open Space intends to allow native ecosystem processes on the Property to continue unfettered. Natural resource management activities will be mainly limited to those that serve to enhance native species and protect public safety. Noxious Weed Management: The Present Conditions Report identifies several noxious weed species, including knapweed, kochia, Russian thistle, Canada thistle and small infestations of tamarisk. Noxious weeds represent a potentially serious threat to the Conservation Values of the Property, and Eagle County will use a variety of methods to control noxious weeds, including chemical, biological, and mechanical efforts, provided such weed control will be undertaken in a manner that minimizes impact to the Conservation Values. While no "A-List Species" are known to exist currently, Eagle County will work quickly to identify and eliminate any such species that should appear using best management practices established by the Colorado Department of Agriculture, Colorado State University, or the Natural Resource Conservation Service. Pond Improvement: The ephemeral pond located north of the Eagle River on the Property rarely holds water,typically only during the spring or summer months of high water years. Colorado Parks and Wildlife has expressed interest in deepening and lining the pond in a manner that allows permanent retention of water. Pond development will significantly enhance the quality of the wetland habitat and lead to the growth of wetland vegetation, thus increasing the likelihood of successful waterfowl breeding. This effort is not currently planned since funding has not been made available. However, eventual funding from Colorado Parks &Wildlife, Eagle County Open Space or other sources may be made available. Temporary impacts to the Property will be unavoidable during the construction phase, but reseeding, shrub planting and other measures will be completed to minimize erosion, reduce the spread of noxious weeds, and expedite the natural succession of native vegetation. Under the direction of Colorado Parks and Wildlife, native and non-native fish may be introduced to the pond for recreational fishing. Introduced fish must not pose a significant threat to native fishes. Ditches: There is one minor ditch on the Property that takes water during high flow years from the Eagle River to the ephemeral pond area. The County currently does not own water rights associated with the Property. However, Eagle County is allowed and may eventually consider ditches and piping to develop and improve the pond. Eagle Valley Regional Trail: A segment of the Eagle Valley Regional Trail will traverse the entire length of the Property along US Highway 6. This segment is currently under construction with an expected completion date of November 2013. 2 The trail will be used by numerous user groups, including cyclists, runners, dog- walkers, roller-bladders, and others in a manner consistent with the use of the other portions of the Eagle Valley Regional Trail. No additional trails are currently planned. Timber: A large grove of cottonwoods stands near the entrance of the western driveway. This grove has recently experienced mortality of several smaller trees, mainly due to extended drought conditions. The surviving trees have been pruned to stimulate root development. Additional pruning is not anticipated at this time, but may be contemplated in the future, mainly to enhance tree health and public safety. New native trees may be planted at any time. Recreational Access Improvements: A primary reason for purchasing the Property was to provide recreational access to the Eagle River. A Site Development Plan to establish this access was established in the spring of 2013, but work was not completed. The planned improvements consist of a concrete boat launch, paved or gravel driveway, paved or gravel parking lot, CXT restroom up to 12X16 feet, picnic tables, and directional, regulatory, and interpretive signage. Paved parking spots adjacent to the restroom are required to be compliant with the ADA requirements. These improvements are planned for 2014. A GOCO LPOR grant application has been submitted to partially fund these improvements. $140,000 has already been budgeted by Eagle County Open Space for these improvements. If GOCO funds are not awarded additional funds will be required. Areas disturbed by construction will be restored and re-vegetated in a manner consistent with the Conservation Easement. Vehicular Access: Public access is allowed at two entrance sites. The east entrance will essentially remain primitive, containing only a parking area which is already established, and signage. The west entrance will provide the primary access point for most users and will likely see the heaviest use. Both areas will be fenced to prevent vehicles from leaving the designated parking/access areas. The Eagle Valley Regional Trail will permit motorized access only to Eagle County staff or its agents conducting property management. The entire Property may be accessed for management purposes by Eagle County staff or its representatives, for construction of permitted improvements by Eagle County or its contractors and agents, and as otherwise required by applicable laws. Hunting/Fishing: Duck hunting will be permitted on the eastern portion of the Property. Three duck blinds may be built along the river, but are not currently planned. Eagle County Open Space will seek funding partners for duck blind construction, such as Colorado Parks and Wildlife and Ducks Unlimited. Duck hunting season is typically October through January. Hunting for other species is not currently permitted,. The Eagle River is open for fishing year round. CPW 3 Wildlife Managers will routinely patrol the Property to confirm compliance with hunting regulations. Eagle County will be working to formalize an agreement with CPW. This agreement will outline terms and expectations regarding habitat improvements, and the need to realize these improvements within a specified timeline for hunting to continue as an allowed use. Eagle County may choose at some point to disallow this use. Wildlife Management: Numerous wildlife species benefit from the preservation of the Property. Eagle County Open Space does not intend to actively manage wildlife unless a problem arises. Decisions regarding wildlife management issues will be made in consultation with. District Wildlife Managers. If ever developed,the improvements contemplated to the ephemeral pond will likely lead to increased use of the Property by waterfowl, song birds, amphibians, reptiles, insects and fish. Fencing: Post and rail fencing has recently been added to serve as property delineation along the west boundary to prevent trespass onto the adjacent property. Additional fencing was recently added to surround the eastern trailhead. Fencing will be added along the US Highway 6 boundary, driveway and to help delineate the parking area. Post and rail fencing will reduce the likelihood of motorized use occurring beyond the designated building envelopes. Agriculture: No agricultural use of the Property is currently planned. Dogs: Dog walking will be permitted on the Property and a dog waste bag dispenser will be installed. Trash: Wildlife proof trash containers will be installed. Conservation easement monitoring: Eagle Valley Land Trust will monitor the Property annually and provide a written report to Eagle County Open Space. Plan Update: This Plan will be examined annually by Eagle County Open Space and the Eagle Valley Land Trust to determine if changes are necessary. Utilities: Utility easements exist across the Property and are addressed in third party agreements that govern the permitted uses and maintenace. Currently no utility improvements are planned. However, Eagle County Open Space is considering the installation of small security cameras, which may require small scale utility improvements. Educational Programming: Eagle County Open Space will encourage use of the site for educational programming, but none is currently planned. Gravel Piles: Eagle County received free road-base material from CDOT during the summer of 2013. This material is being stored at the west end of the Property and will be used during the construction of permitted improvements planned in 2014. 4 Rules and Regulations: Rules and Regulations will be posted on permanent signage. Though a comprehensive management planning process has not been completed,the following list includes many of the rules that will likely be outlined: • No camping • No fires • No motorized use in undesignated areas • No littering or dumping • No destruction of natural resources or vandalism of recreational improvements • Users may not trespass on adjacent private property • No commercial activity • Hunters and anglers must be properly licensed by Colorado Parks&Wildlife • No gathering or removal of plants Allowable uses include: • Hiking • Duck hunting from established blinds • Cycling • Boating on the river • Picnicking • Photography • Dog walking • Horseback riding • Parking unattended vehicles as part of a multi-day river or cycling trip • Kite-flying • Orienteering Special Uses: Special use requests may be made by the public to the Eagle County Open Space Program. These requests will be evaluated to determine if they are consistent with the Conservation Easement, consistent with the intended use of the open space, and the extent to which they burden Eagle County or its partners. If approved the use may be monitored by Eagle County to determine if future similar events can be accommodated and to what extent changes will be required. Hours of Operation: The site is open to public use from sunrise to sunset,year round. Most use is expected to occur from May through September when the Eagle River can accommodate boating. Site Management: Eagle County is considering hiring a seasonal employee for the 2014 summer season. This request has been formally submitted through the budget process. If successful, the hired staff person will help keep the Property clean, provide information to users, and complete general site surveillance and management. Additionally, the site is routinely visited and monitored by Eagle County, CPW, and BLM staff who travel Interstate 70 and US Highway 6. The Eagle County Sheriff has also been made aware of the plans for the Property and periodically patrols the site. 5 APPROVED AND ADOPTED THIS day of , 2013. By: — By: Sara Fisher, Chair Kara Heide Board of County Commissioners Executive Director Eagle County Eagle Valley Land Trust 6