PARK COUNTY BOARD OF COMMISSIONERS AGENDA Virtual Meeting THURSDAY, JULY 9, 2020 9:30 AM CALL TO ORDER

Video To join the meeting, click on the link below or copy and paste into your preferred web browser:https://zoom.us/j/632627219? pwd=Q2gvUVEwd0JuQ0R3TE9qWE9LTk9kQT09

Audio Upon joining the meeting, you will have the option to use either your computer mic and speakers for audio interaction, or participate by phone. If you are not using your computer speakers and mic to interact in the meeting, you may use the dial- option below:

Dial by your location (669) 900-6833 US (Western US) (929) 205-6099 US (Eastern US)

Meeting ID: 632 627 219 Password: 04408 *For the purpose of an accurate public record, you will need to identify yourself when you enter the meeting and when prompted*

9:30 AM CALL TO ORDER

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

APPROVAL OF MINUTES

Documents:

07012020BOCC.pdf

APPROVAL OF VOUCHERS

CONSIDERATION AND/OR DECISION ON THE FOLLOWING ITEMS:

.I. APPROVE/DENY A RESOLUTION APPROVING THE REZONING FROM RESIDENTIAL TO AGRICULTURAL OF THE NE 1/4 OF SECTION 28, TOWNSHIP 11 SOUTH, RANGE 74 WEST, COMMONLY KNOWN AND NUMBERED AS 3600 SUMMIT ROAD, HARTSEL

Documents:

20ZON-01 BOCC Resolution for Signature.pdf

.II. APPROVE/DENY A RESOLUTION CONDITIONALLY APPROVING THE APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW AN EMERGENCY SERVICES FACILITY AT PROPERTY LOCATED IN NEW LOT 7, BLOCK 12, HARTSEL, AND COMMONLY KNOWN AND NUMBERED AS 12855 HWY. 24, HARTSEL

Documents:

20CUP-01 BOCC Resolution for Signature.pdf 20CUP-01 Exhibit A.pdf 20CUP-01 Exhibit B.pdf

.III. APPROVE/DENY A RESOLUTION APPROVING THE REZONING FROM AGRICULTURAL TO RESIDENTIAL OF A 37.26-ACRE TRACT OF LAND DESCRIBED IN EXHIBIT A, COMMONLY KNOW AND NUMBERED AS 20000 HIGHWAY 9, FAIRPLAY

Documents:

20ZON-02 BOCC Resolution.pdf

.IV. APPROVE/DENY A RESOLUTION CONDITIONALLY APPROVING THE APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW AN EMERGENCY SERVICES FACILITY ON NEW LOT 9, BLOCK 27, HARTSEL, AND COMMONLY KNOWN AND NUMBERED AS 131 ELM STREET, HARTSEL

Documents:

20CUP-03 BOCC Resolution.pdf

.V. APPROVE/DENY A RESOLUTION APPROVING A REVISED SITE PLAN FOR CONDITIONAL USE PERMIT #18CUP-02, GRANTED IN APRIL 2018, FOR A CONFERENCE AND RETREAT CENTER AND COMMERCIAL CAMPGROUND, ON PROPERTY DESCRIBED IN EXHIBIT A, ATTACHED HERETO, AND COMMONLY KNOWN AND NUMBERED AS 20859 COUNTY ROAD 77

Documents:

20CUP-02 BOCC Resolution.pdf

.VI. APPROVE/DENY AGREEMENT FOR PROFESSIONAL SERVICES AGREEMENT - SCHNEIDER GEOSPATIAL

Documents:

Addendum to Professional Services Agreement-Schneider Geospatial.pdf Professional Services Agreement-Schneider Geospatial.pdf

RECESS AS BOARD OF COUNTY COMMISSIONERS

CONVENE AS PARK COUNTY LIQUOR BOARD

.I. NEW LIQUOR LICENSE (Retail Fermented malt Beverage Off-Premises-County) 11 Mile Sports, Inc. dba 11 Mile Marina 4224 County Rd 92 Lake George, CO 80827

ADJOURN

RECONVENE AS BOARD OF COUNTY COMMISSIONERS

PUBLIC HEARING(S)

.I. 1041 WILDLIFE PERMIT FOR HARTSEL SOLAR PROJECT

Documents:

FINAL 1041 Application Package.Hartsel Solar.pdf

PUBLIC COMMENTS

EXECUTIVE SESSION IN REGARD TO LEGAL & PERSONNEL MATTERS (CLOSED SESSION)

ADJOURN

ADMINISTRATIVE SESSION

.I. DISCUSSION WITH CDOT REGION 2 REPRESENTATIVES RELATED TO PROPOSED BRIDGE REPLACEMENT SOUTH OF FAIRPLAY

TIMES ARE APPROXIMATE. ITEMS MAY BE HEARD EARLIER OR LATER THAN SHOWN ABOVE. NOTE: Items May Be Added To These Agendas Up To 48 Hours Before The Scheduled Time. Items May Be Deleted Or Cancelled At Any Time. Please Check Website “Parkco.Us” for most Updated Agendas. If You Need Further Information, Please Contact The BOCC (Board of County Commissioners) Office At: 719-836-4201. PARK COUNTY BOARD OF COMMISSIONERS AGENDA Virtual Meeting THURSDAY, JULY 9, 2020 9:30 AM CALL TO ORDER

Video To join the meeting, click on the link below or copy and paste into your preferred web browser:https://zoom.us/j/632627219? pwd=Q2gvUVEwd0JuQ0R3TE9qWE9LTk9kQT09

Audio Upon joining the meeting, you will have the option to use either your computer mic and speakers for audio interaction, or participate by phone. If you are not using your computer speakers and mic to interact in the meeting, you may use the dial- option below:

Dial by your location (669) 900-6833 US (Western US) (929) 205-6099 US (Eastern US)

Meeting ID: 632 627 219 Password: 04408 *For the purpose of an accurate public record, you will need to identify yourself when you enter the meeting and when prompted*

9:30 AM CALL TO ORDER

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

APPROVAL OF MINUTES

Documents:

07012020BOCC.pdf

APPROVAL OF VOUCHERS

CONSIDERATION AND/OR DECISION ON THE FOLLOWING ITEMS:

.I. APPROVE/DENY A RESOLUTION APPROVING THE REZONING FROM RESIDENTIAL TO AGRICULTURAL OF THE NE 1/4 OF SECTION 28, TOWNSHIP 11 SOUTH, RANGE 74 WEST, COMMONLY KNOWN AND NUMBERED AS 3600 SUMMIT ROAD, HARTSEL

Documents:

20ZON-01 BOCC Resolution for Signature.pdf

.II. APPROVE/DENY A RESOLUTION CONDITIONALLY APPROVING THE APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW AN EMERGENCY SERVICES FACILITY AT PROPERTY LOCATED IN NEW LOT 7, BLOCK 12, HARTSEL, AND COMMONLY KNOWN AND NUMBERED AS 12855 HWY. 24, HARTSEL

Documents:

20CUP-01 BOCC Resolution for Signature.pdf 20CUP-01 Exhibit A.pdf 20CUP-01 Exhibit B.pdf

.III. APPROVE/DENY A RESOLUTION APPROVING THE REZONING FROM AGRICULTURAL TO RESIDENTIAL OF A 37.26-ACRE TRACT OF LAND DESCRIBED IN EXHIBIT A, COMMONLY KNOW AND NUMBERED AS 20000 HIGHWAY 9, FAIRPLAY

Documents:

20ZON-02 BOCC Resolution.pdf

.IV. APPROVE/DENY A RESOLUTION CONDITIONALLY APPROVING THE APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW AN EMERGENCY SERVICES FACILITY ON NEW LOT 9, BLOCK 27, HARTSEL, AND COMMONLY KNOWN AND NUMBERED AS 131 ELM STREET, HARTSEL

Documents:

20CUP-03 BOCC Resolution.pdf

.V. APPROVE/DENY A RESOLUTION APPROVING A REVISED SITE PLAN FOR CONDITIONAL USE PERMIT #18CUP-02, GRANTED IN APRIL 2018, FOR A CONFERENCE AND RETREAT CENTER AND COMMERCIAL CAMPGROUND, ON PROPERTY DESCRIBED IN EXHIBIT A, ATTACHED HERETO, AND COMMONLY KNOWN AND NUMBERED AS 20859 COUNTY ROAD 77

Documents:

20CUP-02 BOCC Resolution.pdf

.VI. APPROVE/DENY AGREEMENT FOR PROFESSIONAL SERVICES AGREEMENT - SCHNEIDER GEOSPATIAL

Documents:

Addendum to Professional Services Agreement-Schneider Geospatial.pdf Professional Services Agreement-Schneider Geospatial.pdf

RECESS AS BOARD OF COUNTY COMMISSIONERS

CONVENE AS PARK COUNTY LIQUOR BOARD

.I. NEW LIQUOR LICENSE (Retail Fermented malt Beverage Off-Premises-County) 11 Mile Sports, Inc. dba 11 Mile Marina 4224 County Rd 92 Lake George, CO 80827

ADJOURN

RECONVENE AS BOARD OF COUNTY COMMISSIONERS

PUBLIC HEARING(S)

.I. 1041 WILDLIFE PERMIT FOR HARTSEL SOLAR PROJECT

Documents:

FINAL 1041 Application Package.Hartsel Solar.pdf

PUBLIC COMMENTS

EXECUTIVE SESSION IN REGARD TO LEGAL & PERSONNEL MATTERS (CLOSED SESSION)

ADJOURN

ADMINISTRATIVE SESSION

.I. DISCUSSION WITH CDOT REGION 2 REPRESENTATIVES RELATED TO PROPOSED BRIDGE REPLACEMENT SOUTH OF FAIRPLAY

TIMES ARE APPROXIMATE. ITEMS MAY BE HEARD EARLIER OR LATER THAN SHOWN ABOVE. NOTE: Items May Be Added To These Agendas Up To 48 Hours Before The Scheduled Time. Items May Be Deleted Or Cancelled At Any Time. Please Check Website “Parkco.Us” for most Updated Agendas. If You Need Further Information, Please Contact The BOCC (Board of County Commissioners) Office At: 719-836-4201. PARK COUNTY BOARD OF COMMISSIONERS AGENDA Virtual Meeting THURSDAY, JULY 9, 2020 9:30 AM CALL TO ORDER

Video To join the meeting, click on the link below or copy and paste into your preferred web browser:https://zoom.us/j/632627219? pwd=Q2gvUVEwd0JuQ0R3TE9qWE9LTk9kQT09

Audio Upon joining the meeting, you will have the option to use either your computer mic and speakers for audio interaction, or participate by phone. If you are not using your computer speakers and mic to interact in the meeting, you may use the dial- option below:

Dial by your location (669) 900-6833 US (Western US) (929) 205-6099 US (Eastern US)

Meeting ID: 632 627 219 Password: 04408 *For the purpose of an accurate public record, you will need to identify yourself when you enter the meeting and when prompted*

9:30 AM CALL TO ORDER

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

APPROVAL OF MINUTES

Documents:

07012020BOCC.pdf

APPROVAL OF VOUCHERS

CONSIDERATION AND/OR DECISION ON THE FOLLOWING ITEMS:

.I. APPROVE/DENY A RESOLUTION APPROVING THE REZONING FROM RESIDENTIAL TO AGRICULTURAL OF THE NE 1/4 OF SECTION 28, TOWNSHIP 11 SOUTH, RANGE 74 WEST, COMMONLY KNOWN AND NUMBERED AS 3600 SUMMIT ROAD, HARTSEL

Documents:

20ZON-01 BOCC Resolution for Signature.pdf

.II. APPROVE/DENY A RESOLUTION CONDITIONALLY APPROVING THE APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW AN EMERGENCY SERVICES FACILITY AT PROPERTY LOCATED IN NEW LOT 7, BLOCK 12, HARTSEL, AND COMMONLY KNOWN AND NUMBERED AS 12855 HWY. 24, HARTSEL

Documents:

20CUP-01 BOCC Resolution for Signature.pdf 20CUP-01 Exhibit A.pdf 20CUP-01 Exhibit B.pdf

.III. APPROVE/DENY A RESOLUTION APPROVING THE REZONING FROM AGRICULTURAL TO RESIDENTIAL OF A 37.26-ACRE TRACT OF LAND DESCRIBED IN EXHIBIT A, COMMONLY KNOW AND NUMBERED AS 20000 HIGHWAY 9, FAIRPLAY

Documents:

20ZON-02 BOCC Resolution.pdf

.IV. APPROVE/DENY A RESOLUTION CONDITIONALLY APPROVING THE APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW AN EMERGENCY SERVICES FACILITY ON NEW LOT 9, BLOCK 27, HARTSEL, AND COMMONLY KNOWN AND NUMBERED AS 131 ELM STREET, HARTSEL

Documents:

20CUP-03 BOCC Resolution.pdf

.V. APPROVE/DENY A RESOLUTION APPROVING A REVISED SITE PLAN FOR CONDITIONAL USE PERMIT #18CUP-02, GRANTED IN APRIL 2018, FOR A CONFERENCE AND RETREAT CENTER AND COMMERCIAL CAMPGROUND, ON PROPERTY DESCRIBED IN EXHIBIT A, ATTACHED HERETO, AND COMMONLY KNOWN AND NUMBERED AS 20859 COUNTY ROAD 77

Documents:

20CUP-02 BOCC Resolution.pdf

.VI. APPROVE/DENY AGREEMENT FOR PROFESSIONAL SERVICES AGREEMENT - SCHNEIDER GEOSPATIAL

Documents:

Addendum to Professional Services Agreement-Schneider Geospatial.pdf Professional Services Agreement-Schneider Geospatial.pdf

RECESS AS BOARD OF COUNTY COMMISSIONERS

CONVENE AS PARK COUNTY LIQUOR BOARD

.I. NEW LIQUOR LICENSE (Retail Fermented malt Beverage Off-Premises-County) 11 Mile Sports, Inc. dba 11 Mile Marina 4224 County Rd 92 Lake George, CO 80827

ADJOURN

RECONVENE AS BOARD OF COUNTY COMMISSIONERS

PUBLIC HEARING(S)

.I. 1041 WILDLIFE PERMIT FOR HARTSEL SOLAR PROJECT

Documents:

FINAL 1041 Application Package.Hartsel Solar.pdf

PUBLIC COMMENTS

EXECUTIVE SESSION IN REGARD TO LEGAL & PERSONNEL MATTERS (CLOSED SESSION)

ADJOURN

ADMINISTRATIVE SESSION

.I. DISCUSSION WITH CDOT REGION 2 REPRESENTATIVES RELATED TO PROPOSED BRIDGE REPLACEMENT SOUTH OF FAIRPLAY

TIMES ARE APPROXIMATE. ITEMS MAY BE HEARD EARLIER OR LATER THAN SHOWN ABOVE. NOTE: Items May Be Added To These Agendas Up To 48 Hours Before The Scheduled Time. Items May Be Deleted Or Cancelled At Any Time. Please Check Website “Parkco.Us” for most Updated Agendas. If You Need Further Information, Please Contact The BOCC (Board of County Commissioners) Office At: 719-836-4201. BOCC MEETING JULY 1, 2020

The meeting was called to order by Chairperson Elsner. The reciting of the Pledge of Allegiance was led by Commissioner Douglas. Members present were Commissioner Elsner and Commissioner Douglas with Commissioner Brazell and County Attorney Erin Smith attending via Zoom.

AGENDA: Action: Douglas moved to approve agenda as presented. Brazell seconded, carried 3-0.

MINUTES: Action: Douglas moved to approve the minutes for June 25, 2020 as presented. Brazell seconded, carried 3-0.

VOUCHERS: Action: Douglas moved to approve vouchers in the total amount of $433,082.00 as presented. Brazell seconded, carried 3-0.

CONSIDERATION AND/OR DECISION ON THE FOLLOWING ITEMS:

APPROVE/DENY DOLA GRANT FUNDING FOR THE LAKE GEORGE NETWORK FIBER PROJECT Presenter: Commissioner Elsner.

For the record: Commissioner Elsner. Tom Eisenman. Commissioner Brazell.

Action: Douglas moved to approve Grant as presented. Brazell seconded, carried 3-0.

APPROVE/DENY CONSTRUCTION AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO FIBER COMMUNITY LLC FOR THE LAKE GEORGE FIBER NETWORK PROJECT Presenter: Commissioner Elsner.

For the record: Commissioner Douglas.

Action: Brazell moved to approve Agreement as presented. Douglas seconded, carried 3-0. APPROVE/DENY COLLABORATIVE AGREEMENT RELATED TO DISTRIBUTION OF CARES ACT FUNDS Presenter: Tom Eisenman, County Manager.

For the record: Commissioner Elsner. Commissioner Brazell. Commissioner Douglas. Erin Smith, County Attorney.

Action: Douglas moved to approve Agreement as presented. Brazell seconded, carried 3-0.

PUBLIC COMMENTS:

None.

Action: Douglas moved to close Public Comments. Brazell seconded, carried 3-0.

EXECUTIVE SESSION:

None.

Action: Douglas moved to adjourn the meeting. Brazell seconded, carried 3-0. PARK COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS Resolution No. 2020-____

A RESOLUTION APPROVING THE REZONING FROM RESIDENTIAL TO AGRICULTURAL OF THE NE ¼ OF SECTION 28, TOWNSHIP 11 SOUTH, RANGE 74 WEST, COMMONLY KNOWN AND NUMBERED AS 3600 SUMMIT ROAD, HARTSEL.

WHEREAS, the Applicant, Edward Rautenkranz, has applied to rezone the property described above from Residential to Agricultural; and

WHEREAS, at a regularly scheduled public meeting of the Park County Board of County Commissioners, preceded by the required public notice, the Board of County Commissioners conducted a public hearing on the application for rezoning at which it reviewed the application and supporting documentation, the recommendations of the Planning Department and the Park County Planning Commission, and considered the testimony of the Applicant and patrons; and

WHEREAS, based on the testimony and evidence presented at the public hearing the Board of County Commissioners determines and finds that compliance with the standards for approval of a rezoning set forth in Section 5-203 of the Park County Land Use Regulations has been demonstrated by clear and convincing evidence.

NOW, THEREFORE, BE IT RESOLVED THAT:

The application to rezone the above-described real property from Residential to Agricultural is approved with no conditions.

Moved, seconded, and passed this 9th day of July, 2020.

PARK COUNTY BOARD OF COUNTY COMMISSIONERS

______Richard Elsner, Chairperson

ATTEST:

______County Clerk PARK COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS Resolution No. 2020- ____

A RESOLUTION CONDITIONALLY APPROVING THE APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW AN EMERGENCY SERVICES FACILITY AT PROPERTY LOCATED IN NEW LOT 7, BLOCK 12, HARTSEL, AND COMMONLY KNOWN AND NUMBERED AS 12855 HWY. 24, HARTSEL.

WHEREAS, the Applicant, the South Park Ambulance District, has applied for a conditional use permit to allow an Emergency Services Facility as shown on Exhibit A hereto; and

WHEREAS, at a regularly scheduled public meeting of the Park County Board of County Commissioners (“BOCC”), the BOCC reviewed the application and all supporting documentation, the recommendations of the Planning Commission, the Planning Department, the County Attorney, and the testimony of the Applicant and patrons; and

WHEREAS, during said public meeting, the BOCC found that the application for the conditional use permit as described in Exhibit B hereto meets the criteria for issuance of a conditional use permit as set forth in Section 5-503 of the Park County Land Use Regulations.

NOW THEREFORE, BE IT RESOLVED THAT THE PARK COUNTY BOARD OF COUNTY COMMISSIONERS HEREBY APPROVES THE APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW AN EMERGENCY SERVICES FACILITY ON THE ABOVE-DESCRIBED PROPERTY, SUBJECT TO THE FOLLOWING CONDITIONS:

1. Prior to the issuance of any development permits for the Emergency Services Facility, the applicant provides Park County Planning staff with a Colorado Department of Transportation access permit adequate for the proposed use.

2. Any revision or expansion of the Emergency Services Facility site plan will require review as described in Land Use Regulations Section 5-507.

Moved, seconded, and passed this 9th day of July, 2020.

PARK COUNTY BOARD OF COUNTY COMMISSIONERS

______Richard Elsner, Chairperson

ATTEST:

______County Clerk

PARK COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS Resolution No. 2020-____

A RESOLUTION APPROVING THE REZONING FROM AGRICULTURAL TO RESIDENTIAL OF A 37.26-ACRE TRACT OF LAND DESCRIBED IN EXHIBIT A, COMMONLY KNOWN AND NUMBERED AS 20000 HIGHWAY 9, FAIRPLAY.

WHEREAS, the Applicant, Bristlecone View Property, LLC, has applied to rezone the property described above from Agricultural to Residential; and

WHEREAS, at a regularly scheduled public meeting of the Park County Board of County Commissioners, preceded by the required public notice, the Board of County Commissioners conducted a public hearing on the application for rezoning at which it reviewed the application and supporting documentation, the recommendations of the Planning Department and the Park County Planning Commission, and considered the testimony of the Applicant and patrons; and

WHEREAS, based on the testimony and evidence presented at the public hearing the Board of County Commissioners determines and finds that compliance with the standards for approval of a rezoning set forth in Section 5-203 of the Park County Land Use Regulations has been demonstrated by clear and convincing evidence.

NOW, THEREFORE, BE IT RESOLVED THAT:

The application to rezone the above-described real property from Agricultural to Residential is approved with the following conditions:

1. The Applicant shall consult with South Park Site Stewards anytime an artifact is found on this property.

Moved, seconded, and passed this _____ day of ______, 2020.

PARK COUNTY BOARD OF COUNTY COMMISSIONERS

______Richard Elsner, Chairperson

ATTEST:

______County Clerk EXHIBIT A

37.26 ACRE TRACT 'A.TRACT OF LAND BEING A PART OF THE N1/2NW1/4 OF SECTION 15 AND A PART OF THE NE1/4NE1/4 OF SECTION 16, TOWNSHIP 10 SOUTH, RANGE 77 WEST OF THE 6th P.M., COUNTY OF PARK, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE N1 /4 CORNER OF SAID SECTION 15, THENCE S00"30'53"E ALONG THE EAST UNE OF THE NE1/4NW1/4 OF SAID SEC. 15 FOR A DISTANCE OF 1354.88' TO THE SE COR. OF THE SAID NE1/4NW1/4, THENCE N89"35'12"W ALONG THE SOUTH LINE OF THE SAID NE1/4NW1/4 FOR A DISTANCE OF 50.01', THENCE N00"30'53"W FOR A DISTANCE OF 203.03', THENCE N89"35'12"W FOR A DISTANCE OF 1264.23' TO A POINT 0 THE WEST LINE OF THE SAID NE1/4NW1/4, THENCE N00"22'10"W ALONG THE SAID WEST LINE NE1/4NW1/4 FOR A DISTANCE o·F 1109.10' TO A POINT BEING 45' SOUTHERLY OF THE NORTH LINE OF OF SAID SECTION 15, THENCE S89"50'38"W FOR A DISTANCE OF 1311.33', THENCE N89"59'16"W FOR A DISTANCE OF 822.51' TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO. 285, THENCE N09'16'21"E ALONG SAID R.O:W. FOR A DISTANCE OF 39.67' TO HIGHWAY R.0.W. MONUMENT STA. 1748+74, THENCE N08'31'28"W ALONG SAID R.O.W. FOR A DISTANCE OF 5.92' TO A POINT ON THE NORTIH LINE OF SAID SECTION 16, THENCE N89"59'16"E ALONG SAID SECTION LINE FOR A DISTANCE OF 817.03' TO THE NE CORNER OF SAID SECTION 16, THENCE S89"50'38"E ALONG THE NORTH LINE OF SAID SECTION 15 FOR A DISTANCE OF 1310.96' TO THE NE COR. OF THE NW1/4NW1/4 OF SAID SEC. 15, THENCE S89'.37'34"E ALONG THE NORTH UNE OF THE NE1/4NW1/4 OF SAID SEC. 15 FOR A DISTANCE OF 1311.48' TO THE N1/4 COR. OF SAID SECTION 15, THE POINT OF BEGINNING. CONTAINING 37.26 AC., MORE OR LESS. PARK COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS Resolution No. 2020- ____

A RESOLUTION CONDITIONALLY APPROVING THE APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW AN EMERGENCY SERVICES FACILITY ON NEW LOT 9, BLOCK 27, HARTSEL, AND COMMONLY KNOWN AND NUMBERED AS 131 ELM STREET, HARTSEL.

WHEREAS, the Applicant, the Hartsel Fire Protection District, has applied for a conditional use permit to allow an Emergency Services Facility as shown on Exhibit A hereto; and

WHEREAS, at a regularly scheduled public meeting of the Park County Board of County Commissioners (“BOCC”), the BOCC reviewed the application and all supporting documentation, the recommendations of the Planning Commission, the Planning Department, the County Attorney, and the testimony of the Applicant and patrons; and

WHEREAS, during said public meeting, the BOCC found that the application for the conditional use permit as described in Exhibit B hereto meets the criteria for issuance of a conditional use permit as set forth in Section 5-503 of the Park County Land Use Regulations.

NOW THEREFORE, BE IT RESOLVED THAT THE PARK COUNTY BOARD OF COUNTY COMMISSIONERS HEREBY APPROVES THE APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW AN EMERGENCY SERVICES FACILITY ON THE ABOVE-DESCRIBED PROPERTY, SUBJECT TO THE FOLLOWING CONDITIONS:

1. Any revision or expansion of the Emergency Services Facility site plan will require review as described in Land Use Regulations Section 5-507.

Moved, seconded, and passed this ______day of______, 2020.

PARK COUNTY BOARD OF COUNTY COMMISSIONERS

______Richard Elsner, Chairperson

ATTEST:

______County Clerk EXHIBIT A EXHIBIT B PARK COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS Resolution No. 2020- ______

A RESOLUTION APPROVING A REVISED SITE PLAN FOR CONDITIONAL USE PERMIT #18CUP-02, GRANTED IN APRIL 2018, FOR A CONFERENCE AND RETREAT CENTER AND COMMERCIAL CAMPGROUND, ON PROPERTY DESCRIBED IN EXHIBIT A, ATTACHED HERETO, AND COMMONLY KNOWN AND NUMBERED AS 20859 COUNTY ROAD 77.

WHEREAS, the Applicant, Lily Fernandez Managing Agent for Bison Peak Resort LLC, has applied for an amendment to a Conditional Use Permit (“CUP”) to approve a revised site plan for a Conference and Retreat Facility and Commercial Campground, as shown on Exhibit B attached hereto; and

WHEREAS, at a regularly scheduled public meeting of the Park County Board of County Commissioners (“BOCC”), the BOCC reviewed the application and all supporting documentation, the recommendations of the Planning Commission, the Planning Department, the County Attorney, and the testimony of the Applicant and patrons; and

WHEREAS, during said public meeting, the BOCC found that the application for the CUP Amendment meets the criteria for issuance of a Conditional Use Permit as set forth in Section 5-503 of the Park County Land Use Regulations.

NOW THEREFORE, BE IT RESOLVED THAT THE PARK COUNTY BOARD OF COUNTY COMMISSIONERS HEREBY APPROVES THE APPLICATION FOR AN AMENDMENT TO CONDITIONAL USE PERMIT #18CUP-02 TO APPROVE A REVISED SITE PLAN SUBJECT TO THE FOLLOWING CONDITIONS:

1. Each structure must obtain a Certificate of Occupancy prior to being open to the public. 2. Future development on the subject property shall be in conformity with the Revised Site Plan submitted by the applicant and recorded with the final BOCC Resolution. Any substantial deviations from this document will require another amendment to the Conditional Use Permit. 3. Once the septic systems have been designed and approved, the applicant must provide a revised site plan showing the actual locations of septic tanks and leach fields to the Planning Department. 4. In lieu of 1041 wildlife permitting, Applicant shall develop, submit to the Planning Department, and implement a noxious weed control plan within 60 days of approval of this application. EXHIBIT A

5. In lieu of 1041 wildlife permitting, pets shall not be allowed to roam free, and must be on leash at all times. 6. In lieu of 1041 wildlife permitting, feeding of all wildlife, including birds, is prohibited, other than through natural plant life. 7. In lieu of 1041 wildlife permitting, when landscaping, native vegetation that does not attract wildlife must be used. 8. In lieu of 1041 wildlife permitting, fences must be of wildlife friendly design so as not to impair wildlife movements. 9. In lieu of 1041 wildlife permitting, barbeque grills must be cleaned and placed om a secure area when not in use. 10. In lieu of 1041 wildlife permitting, noise and light must be minimized during night time hours. 11. In lieu of 1041 wildlife permitting, trash must be in bear resistant containers and kept indoors until morning of pickup (unless otherwise allowed by Colorado Parks and Wildlife). 12. Any proposed disturbance of the wetlands must obtain a 404 Permit from the US Army Corps of Engineers.

Moved, seconded, and passed this ___ day of ______2018.

PARK COUNTY BOARD OF COUNTY COMMISSIONERS

______Richard Elsner, Chairperson

ATTEST:

______County Clerk

EXHIBIT A

A tract of land located in Section 9, Township 10 South, Range 73 West of the 61h P.M., County of Park, State of Colorado; more particularly described as follows:

The South 1/2 Southwest 1/4 Southwest 1/4 Southeast 1/4 ; The Southeast 1/4 Southwest 1/4 Southeast 1/4; The Northwest 1/4 Southwest 1/4 Southeast 1/4 Southeast 1/4; The Southwest 1/4 Northeast 1/4 Southeast 1/4 Southeast 1/4; The South 1/2 Northwest 1/4 Southeast 1/4 Southeast 1/4; The North 1/2 North 1/2 Southeast 1/4 Southeast 1/4; Together with that part of the Southeast 1/4 Northeast 1/4 Southeast 1/4 Lying Southerly of the centerline of County Road No. 77,

County of Park, State of Colorado,

2020 Revised Site Plan ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN SCHNEIDER GEOSPATIAL d/b/a qPublic and qPublic.net (“Professional” or “Contractor”) AND THE BOARD OF COUNTY COMMISSIONERS OF PARK COUNTY, COLORADO (“Customer” or “County”) (the “Agreement”)

1. The County, by entering into this agreement, does not waive any rights or protections it may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq.

2. As required by Article X, Section 20 of the Colorado Constitution, any obligation of the County not performed in the current fiscal year shall be subject to annual appropriation of funds by the County’s governing body. Should sufficient funds not be appropriated for the County’s performance in future fiscal years this agreement shall terminate and be of no further force or effect.

3. Notwithstanding any contrary provision in the Agreement, neither party may assign its rights or obligations under this Agreement without the prior, written consent of the other part.

4. This Agreement is intended to be fully integrated.

5. INDEPENDENT CONTRACTOR

CONTRACTOR IS AN INDEPENDENT CONTRACTOR AND, NOTHING HEREIN CONTAINED SHALL CONSTITUTE OR DESIGNATE THE CONTRACTOR OR ANY OF ITS EMPLOYEES OR AGENTS AS EMPLOYEES OR AGENTS OF THE COUNTY. COUNTY IS CONCERNED ONLY WITH THE RESULTS TO BE OBTAINED.

6. Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Venue shall be in the County Court for the County of Park, Colorado.

7. Entire Agreement. This Agreement constitutes the entire agreement between the parties and sets forth the rights, duties, and obligations of each to the other as of this date. There are no other agreements on the same subject than expressly stated or incorporated in this Agreement. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect.

8. Severability. The invalidity or unenforceability of any portion or previous version of this Agreement shall not affect the validity or enforceability of any other portion or provision. Any invalid or unenforceable portion or provision shall be deemed severed from this Agreement and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain such invalid or unenforceable portion or provisions.

1 9. Agreement Modification. The Agreement may not be amended, altered, or otherwise changed except by a written agreement between the parties.

10. Compliance with Law. Contractor shall perform this Agreement in strict compliance with applicable federal, state, and local laws, rules, statutes, ordinances, and regulations. Contractor shall protect and indemnify County against any claim or liability arising from or based on the violation of any such law, rules, statutes, ordinance, and regulations.

11. Colorado Open Records. Contractor acknowledges that County is subject to the provisions of the Colorado Open Records Act, Colorado Revised Statutes § 24-72-201 et seq., and the Contractor agrees that it will fully cooperate with County in the event of a request or lawsuit arising under such act for the disclosure of any materials or information which the Contractor asserts is confidential and exempt from disclosure. Any other provision of this Agreement notwithstanding, including exhibits, attachments and other documents incorporated into this Agreement by reference, all materials, records and information provided by the Contractor to the County hall be considered confidential by the County and to the extent proved in the Open Records Act, and the Contractor agrees that any disclosure of information by the County consistent with the provisions in the Open Records Act shall result in no liability for the County.

12. Ownership of Instruments of Service. All plans, drawings, reports, other submittals, and other documents submitted to County by Contractor shall become and are the property of the County, and County may, without restriction, make use of such documents and underlying concepts as it sees fit. The Contractor shall not be liable for any damage which may result from any use by the County or anyone else of such documents for purposes other than those described in this Agreement.

13. Termination In The Event Of Labor Disputes. Notwithstanding any other provision contained in this Agreement, in the event of any picket or other form of labor dispute at the construction site, Contractor shall continue to perform the Work without interruption or delay. In the event Contractor fails to continue the performance of the Work without interruption or delay because of such picket or other form of labor dispute, County may terminate the services of Contractor after giving forty-eight (48) hours' written notice of its intent to do so.

14. Illegal Aliens. Pursuant to §§8-17.5-101, et seq., C.R.S., and incorporating herein the definitions contained in §§ 8-17.5-101, et seq.

(1) Certification. Prior to the execution of this Agreement, Contractor shall certify to the County, as attached hereto as Attachment 1, that at the time of certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Contractor will participate in either the E-Verify Program administered by the U.S. Department of Homeland Security and the Social Security Administration, or in the Colorado Department of Labor and Employment’s Employment Verification Program (the “Department Program”), as further described in subsection (6) herein, in order to confirm the employment eligibility of all employees

2 who are newly hired for employment to perform work under this Agreement.

(2) Prohibited Acts. Contractor shall not:

a. Knowingly employ or contract with an illegal alien to perform work under this Agreement; or

b. Enter into a contract with a Subcontractor that fails to certify to Contractor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall provide the County with all certifications received from subcontractors in which subcontractors certify that said subcontractors do not knowingly employ or contract with an illegal alien to perform work under this Agreement.

(3) Verification.

a. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in either E-Verify Program or the Department Program.

b. Contractor shall not use either the E-Verify Program or the Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed.

c. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall:

i. Notify the Subcontractor and the County within three (3) days that Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and

ii. Terminate the subcontract with the Subcontractor if, within three (3) days of receiving the notice required pursuant to 14(3)c. hereof, the Subcontractor does not stop employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the Subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien.

(4) Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation conducted pursuant to § 8- 17.5-102 (5), Colorado Revised Statutes to ensure that Contractor is complying with 14(3)c. of this Agreement.

3 (5) Breach. Any contrary provision of this Agreement notwithstanding, if Contractor violates a provision of this Section 14, the County may terminate the Agreement for a breach of the Agreement. If the Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the County. The County shall notify the Colorado office of the Secretary of State if Contractor violates a provision of this Section 14 of this Agreement and the County terminates the Agreement.

(6) Department Program. If Contractor participates in the Department Program, in lieu of the E-Verify Program, Contractor shall notify the Department and the County of such participation. Contractor shall, within twenty (20) days after hiring an employee who is newly hired for employment to perform work under the Agreement, affirm that the Contractor has examined the legal work status of such employee, retained file copies of the documents required by 8 U.S.C. Sec. 1324a, and not altered or falsified the identification documents for such employees. Contractor shall provide a written, notarized copy of the affirmation, similar in form as attached hereto as Attachment 2, to the County.

a. Contractor certifies that, at the time of executing the Agreement, Contractor does not knowingly employ or contract with an illegal alien and that the Contractor has participated or attempted to participate in the E-Verify Program in order to confirm the employment eligibility of all employees who are newly hired for employment in the United States.

b. Contractor shall not:

i. Knowingly employ or contract with an illegal alien to perform work under the Agreement; or

ii. Enter into a contract with a Subcontractor that fails to certify to the Contractor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the Agreement.

iii. Contractor has confirmed or attempted to confirm the employment eligibility of all employees who are newly hired for employment in the United States through participation in the E-Verify Program and, if Contractor is not accepted into the E-Verify Program prior to entering into the Agreement, that Contractor shall apply to participate in the E-Verify Program every three months until the Contractor is accepted or the Agreement has been completed, whichever is earlier. This provision shall not be required or effective if the E-Verify Program is discontinued.

c. Contractor is prohibited from using the E-Verify Program procedures to undertake pre-employment screening of job applicants while the Agreement is being performed.

4 d. If Contractor obtains actual knowledge that a Subcontractor performing work under the Agreement knowingly employs or contracts with an illegal alien, Contractor is required to:

i. Notify Subcontractor and County within three days that the Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and

ii. Terminate the subcontract with the Subcontractor if within three days of receiving the notice required in Section 14(6)d. above the Subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien.

e. Contractor is required to comply with any reasonable request the Department of Labor and Employment makes in the course of an investigation that the Department of Labor and Employment is undertaking.

f. If Contractor violates any provision pursuant to §§8-17.5-101, et seq., C.R.S., County may terminate the Agreement for a breach of the Agreement and notwithstanding any contrary provision, Contractor shall be liable for actual and consequential damages to County.

Board of County Commissioners of Park County

Richard Elsner, Chairman Date

Schneider Geospatial, LLC

By: Date

5 ATTACHMENT 1 NO EMPLOYEE AFFIDAVIT

[To be completed only if Contractor does not have any employees]

1. Check and complete one:

I, ______, am a sole proprietor doing business as ______. I do not currently employ any individuals. Should I employ any individuals during the term of my Agreement with the Board of County Commissioners of Park County (“County”), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. OR I, ______, am the sole owner/member/shareholder of ______, a ______[specify type of entity – i.e., corporation, limited liability company], that does not currently employ any individuals. Should I employ any individuals during the course of my Agreement with the County, I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. 2. Check one. I am a United States citizen or legal permanent resident.

The County must verify this statement by reviewing one of the following items: . A valid Colorado driver's license or a Colorado identification card; . A United States military card or a military dependent's identification card; . A United States Coast Guard Merchant Mariner card; . A Native American tribal document; . In the case of a resident of another state, the driver’s license or state- issued identification card from the state of residence, if that state requires the applicant to prove lawful presence prior to the issuance of the identification card; or . Any other documents or combination of documents listed in the County’s “Acceptable Documents for Lawful Presence Verification” chart that prove both the contractor’s citizenship/lawful presence and identity. OR I am otherwise lawfully present in the United States pursuant to federal law. Contractor must verify this statement through the Federal Systematic Alien Verification of Entitlement program, the "SAVE” program, and provide such verification to the County.

Signature Date

6

Contractor Signature Date

STATE OF COLORADO ) ) ss. COUNTY OF )

The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ______, 20__, by ______as ______of ______.

My commission expires:

(S E A L) Notary Public

7 ATTACHMENT 2 DEPARTMENT PROGRAM AFFIDAVIT

[To be completed if Contractor participates in the Department of Labor Lawful Presence Verification Program]

I, ______, as a public contractor under contract with the Board of County Commissioners of Park County (“County”), hereby affirm that:

1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services (“Contract”) with the County within twenty (20) days after such hiring date;

2. I have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Contract; and

3. I have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Contract.

Contractor Signature Date

STATE OF COLORADO ) ) ss. COUNTY OF )

The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ______, 20__, by ______as ______of ______.

My commission expires:

(S E A L) ______Notary Public

8 Board of County Commissioners of Park County

Richard Elsner, Chairman Date

Schneider Geospatial, LLC

By: Date

9

PROFESSIONAL SERVICES AGREEMENT

This Agreement is made and entered into by and between Schneider Geospatial, also doing business as qPublic and qPublic.net, an Indiana Limited Liability Company, whose place of business is 8901 Otis Avenue, Suite 300, Indianapolis, IN 46216 (“PROFESSIONAL”) and Park County, Colorado, whose place of business is: 856 Castello Avenue, Fairplay, CO 80440 (“CLIENT”).

1 Services. PROFESSIONAL shall provide CLIENT with the following services (“Services”): A. qPublic.net Portal Development Development of a publicly accessible (or restricted access if chosen) web-based property information portal featuring land assessment, taxation, CAMA, and digital map data utilizing existing real estate and GIS datasets provided to PROFESSIONAL by CLIENT. This site will include the following: a. Property ownership, location, valuation, recording, and tax information from CLIENT’s property tax administration system. b. Detailed residential, commercial, and agricultural land and improvements information from CLIENT’s CAMA real estate system (Harris Realware). c. Property sales history from CLIENT’s CAMA real estate system (if available). d. Property sketches (if available and provided by CLIENT in a web-friendly image file format). e. Property photos (if available and provided by CLIENT in a web-friendly image file format). f. Esri compatible vector and raster spatial data from CLIENT’s existing GIS data sources. g. Interactive GIS mapping interface including navigation tools such as zoom in, zoom out, dynamic and fixed panning, feature selection and query, interactive overview map, and legend. Also included are map tools to measure distance and area, buffer selected features, zoom to scale, identify features, and map printing to multiple paper sizes. h. Dynamic relationship between parcel reports and an Internet map service. This will allow the user to search for a property and be taken directly to the queried parcel on the map, and alternatively select a parcel on the map and be taken directly to the specific report(s) associated with the parcel. i. Additional features are available to all real estate web site clients, including multiple search criteria, dynamic user help guides, CLIENT contact information, and user feedback forms. j. PROFESSIONAL will provide an automated routine to transfer data from CLIENT’s local computer data sources to PROFESSIONAL’s servers over a high-speed Internet connection. This automated routine can be scheduled to update data to the website on a regular basis. k. Additional components elected by CLIENT: i. Comparable Search PROFESSIONAL will add the Comparable Search Add-On feature to CLIENT's qPublic.net website. This feature will include modules that allow users to search for comparable properties based on data from the CLIENT's existing real estate property and sales records. ii. Comparable Search Results Export PROFESSIONAL will provide implementation services to deploy the qPublic.net Comparable Search Data Export module to CLIENT's existing qPublic.net website. This module will allow users to download a digital copy of the Comparable Search Results data in Microsoft Excel compatible .xls or .csv file formats. Contents of the data export file will include the same data columns and records as are displayed on the CLIENT's qPublic.net site's Comp Results tab following the user's Comparable search. iii. Mailing Labels Generator Creates mailing list from the parcel search results list on the CLIENT's qPublic.net website. Allows mailing lists to be generated as mail merge compatible files: csv, .tab, or .xml; or as a PDF that is pre- formatted for Avery 5160 label sheets. Includes user instructions for generating the mail merge files.

Ankeny, Iowa HEADQUARTERS DeLand, Florida 1450 Southwest Vintage Parkway Historic Fort Harrison 112 West New York Avenue Suite 260 8901 Otis Avenue, Suite 300 Suite 205 Ankeny, IA 50023 DeLand, FL 32720 Indianapolis, IN 46216 www.SchneiderGIS.com

iv. Sales Search 1) PROFESSIONAL will add the Sales Search and Sales List pages to CLIENT's existing qPublic.net website. a) Sales Search allows the user to search CLIENT's parcel sales records, based on the following criteria: i) Sale Date Range ii) Sale Price iii) Square Footage iv) Acreage v) Year Built vi) Sale Type vii) Price per Sq. Ft. viii) Property Type b) Sales List allows the user to choose a month from the current year, or two previous years and qPublic.net will generate a list of all sales records from that month. c) Users may then download the results of Sales Search or Sales List to an Excel (.xls) or Comma Separated Values (.csv) file. 2) PROFESSIONAL will add the Recent Sales in Area module to Parcel Report pages on CLIENT's existing qPublic.net website. a) Recent Sales in Area module will allow a user to search for recent sales relative to the location of a selected parcel, based on the following criteria. i) User defined sales date range ii) User defined distance from selected parcel iii) Sales in the same parcel group as the selected parcel (based on parcel number) iv) Sales in the same neighborhood as the selected parcel (based on neighborhood information in CLIENT's source CAMA system).

Other Fixed Fee phases of this project may be developed during the course of this agreement. Once the estimates are accepted, an Authorization to Proceed will have to be signed and submitted before work will begin.

2 Payment for Services. CLIENT shall compensate PROFESSIONAL for the Services as follows:

A. Product/Service

a. One-time Setup Cost: $5,000 Setup items: Core Setup: Included Comparable Search Results Export: Included Mailing Labels Generator: Included Sales Search Tools: Included Subtotal $14,040 Discount $ 9,040 Total $ 5,000

b. Annual Hosting: $9,000 Hosting items: Core Hosting: Included Map (Esri): Included Comparable Search: Included This phase includes connections to CLIENT’s CAMA and tax databases.

2 Created: 6/23/2020 10:21:00 AM Last Modified: 6/23/2020 10:22:00 AM B. Payment Schedule

Year 1 September 1, 2020 – December 31, 2020: $8,000 (Setup: $5,000, Hosting: $3,000-prorated) Year 2 January 1, 2021 – December 31, 2021: $9,000 Year 3 January 1, 2022 – December 31, 2022: $9,000 Year 4 January 1, 2023 – December 31, 2023: $9,000 Invoicing will be done on an annual basis at the beginning of the term unless otherwise specified. If the CLIENT cancels the agreement before end of initial multi-year term, any waived discounts and promotional fees will be included in the final invoice. Balances due 30 days after the due date for non-government clients and 60 days after the due date for government clients shall be assessed an interest rate of 1½% per month (18% per year). CLIENT agrees to pay for any and all costs of collection including, but not limited to interest, lien costs, court costs, expert fees, attorney’s fees and other fees or costs involved in or arising out of collecting any unpaid or past due balances, including late fees or penalties. If payment is not received within 30 days of the due date, PROFESSIONAL reserves the right, after giving seven (7) days written notice to CLIENT, to suspend services to CLIENT or to terminate this Agreement.

3 Terms of Service. Each party’s rights and responsibilities under this Agreement are conditioned upon and subject to the Terms of Service which can be found at http://schneiderGIS.com/termsofservice/. By executing this Agreement, CLIENT acknowledges that it has read the above-described Terms of Service and agrees that such Terms of Service are incorporated herein and made a part of this Agreement. PROFESSIONAL reserves the right to update or modify the Terms of Service upon ten (10) days prior notice to CLIENT. Such notice may be provided by PROFESSIONAL to CLIENT by e-mail.

4 Term, Termination and Renewal. The initial term of this Agreement shall be defined in the Scope of Service or Payment Schedule above. If the services provided are for an annual rate and extend for multiple years, PROFESSIONAL will prorate the first year of the agreement to match the fiscal year for the CLIENT, followed by consecutive, 12-month periods. This Agreement shall automatically renew for successive terms which consist of a twelve (12) month period, subject to earlier termination as set forth in this Agreement or upon written notification by either party thirty (30) days prior to the end of a term. If, for any reason, this Agreement is terminated prior to the end of a term, any waived or discounted fees or specified promotional items provided by PROFESSIONAL shall be invoiced by PROFESSIONAL and paid by CLIENT.

5 Assignment. PROFESSIONAL has the right to assign or transfer any rights under or interest in this Agreement upon 15 days’ written or electronic notice to CLIENT. Nothing in this Paragraph shall prevent PROFESSIONAL from employing consultants or subcontractors to assist in the performance of the Services.

6 Rights and Benefits. Nothing in this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than CLIENT and PROFESSIONAL. CLIENT and PROFESSIONAL expressly state there are no third-party beneficiaries to this Agreement.

7 Successors. This Agreement is binding on the partners, successors, executors, administrators and assigns of both parties.

8 Applicable Law. The terms and conditions of this Agreement are subject to the laws of the State of Indiana.

IN WITNESS WHEREOF, the Parties have executed this Agreement by affixing their signatures below. Pricing is valid through August 1, 2020. PROFESSIONAL: CLIENT: Schneider Geospatial, LLC Park County, Colorado

By: By:

Print: Jeff Corns, GISP Print:

Title: President Title:

Date: Date:

3 Created: 6/23/2020 10:21:00 AM Last Modified: 6/23/2020 10:22:00 AM

ERO Resources Corp.

January 22, 2020

Mr. Tom Eisenman Park County Manager 856 Castello Avenue P.O. Box 1373 Fairplay, Colorado 80440

RE: 1041 Wildlife Habitat Areas Permit Application – Hartsel Solar Project

Dear Mr. Eisenman:

Attached please find the 1041 Wildlife Habitat Areas permit application for the Hartsel Solar Project, submitted on behalf of Hartsel Solar, LLC. The application submittal requirements are listed below, along with the location where each requirement can be found.

Application Submittal Requirements Location 1 Application on form prescribed by the Colorado Land Use Attachment 1 – Commission Application Form 2 A non-refundable application fee payable to Park Included with 1041 County, State of Colorado application 3 The District Wildlife Manager’s written recommendation Attachment 2 – District pursuant to section 2-104(1), if such recommendation was Wildlife Manager’s timely delivered to the Permit Authority Written Recommendation 4. Map prepared at an easily readable scale showing:

4.a Boundary of the Proposed Development Site Attachment 3 – Wildlife Impact Report, Figure 3 4.b Relationship of the site to surrounding topographic and cultural Attachment 3 – Wildlife features, such as roads, streams, and existing structures Impact Report, Figure 3 Denver 1842 Clarkson St. 4.c Proposed building, improvement, and Attachment 3 – Wildlife Denver, CO 80218 infrastructure locations Impact Report, Figure 3 303.830.1188 4.d Legend which includes: Attachment 3 – Wildlife Impact Report, Figure 3 Durango 4.d(i) A complete and accurate legal description the Proposed Attachment 3 – Wildlife 1015 ½ Main Avenue Durango, CO 81301 Development site Impact Report, Figure 3 970.422.2136 4.d(ii) Total acreage of parcel Attachment 3 – Wildlife Impact Report, Figure 3

4.d(iii) Title, scale and North arrow Attachment 3 – Wildlife Hotchkiss P.O. Box 932 Impact Report, Figure 3 161 South 2nd St. 5. Wildlife impact report addressing all the following: Hotchkiss, CO 81419 970.872.3020 5.a Total acres in the project area Attachment 3 – Wildlife Impact Report Idaho 4001 East Main Street Emmett, ID 83617 208.365.7684 Consultants in Natural Resources www.eroresources.com and the Environment Mr. Tom Eisenman 2 January 22, 2020

5.b Wildlife species known to be present or occurring on the site Attachment 3 – Wildlife Impact Report 5.c Location and total acres of each species’ habitat in the Attachment 3 – Wildlife development area Impact Report 5.d Location and total acreage of open space areas in the project Attachment 3 – Wildlife area Impact Report 5.e Use patterns of wildlife habitat within the project site Attachment 3 – Wildlife (movement corridors, feeding areas, etc.) Impact Report 5.f Critical connections or relationships with adjoining habitats Attachment 3 – Wildlife outside the project site Impact Report 5.g Potential impacts of the proposed project on wildlife Attachment 3 – Wildlife habitat, wildlife species and/or wildlife movement Impact Report patterns/displacement wildlife populations 5.h List of proposed mitigation methods for each wildlife Attachment 3 – Wildlife habitat, wildlife species and/or wildlife movement Impact Report patterns/displacement of wildlife populations

Please contact me at (303) 830-1188 or [email protected] if you have any questions or need additional information.

Sincerely,

Steve Butler Biologist

cc: Manav Shah, Hartsel Solar, LLC

Attachments

p:\10500 projects\10528 adani solar 1041 park county co\1041 application package\revised 1041 package january 2020\cover letter 01222020.docx ERO Resources Corporation Attachment 1 – Application Form 1041 PERMIT NO. DATE: NAME, TITLE: ADDRESS: ​ APPLICANT Manav Shah 1125 Executive Circle, STE 130 Hartsel Solar LLC Irving, Texas 75038

TEL: 940-999-3019 EMAIL:​ SIGNATURE: ​ [email protected]

Manav Shah NAME, TITLE: ADDRESS: ​ OWNER OF Norbie Larson 1105 County Road 102 , Guffey, CO 80820 RECORD Larsen 2 LLC & Larsen Ranches (FOR MULTIPLE TEL: LLC ​ OWNERS, ATTACH SIGNATURE: EMAIL: [email protected] ​ SEPARATE SHEET)

NAME, TITLE: ADDRESS: REPRESENTATIVE Steve Butler 1842 Clarkson St FIRM ERO Resources Corp. Denver, Colorado 80218

TEL: 303-830-1188

EMAIL: [email protected] SIGNATURE:

This application form is for proposed projects that require Formal Permit processing in accordance with Section 2-105 of the 1041 Wildlife Habitat Regulations

Park County’s Regulations for 1041 Wildlife Habitat Areas can be accessed online at: https://parkco.us Attachment 2 – District Wildlife Manager’s Written Recommendation Northeast Regional Office 6060 Broadway Denver, CO 80216 P 303.291.7227 | F 303.291.7114

January 5, 2019

John Deagan, AICP County Planner/Park County P.O. Box 1598 Fairplay, CO 80440 [email protected]

RE: CPW’s Comments on the Proposed Adani Solar USA, LLC Project, unincorporated Park County, CO

Dear Mr. Deagan,

Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to comment on the proposed utility-scale solar facility project located approximately 11 miles east of Hartsel, Colorado in Park County. It is our understanding that this Adani Solar USA, LLC project is comprised of two adjoining parcels (Park County schedule numbers 10131 and 10132). The project is approximately 595 acres of privately-owned land, north of U.S. Highway 24, west of Yuma Road and south of Turner Gulch Road. District Wildlife Manager Ian Petkash visited the site on December 21, 2018 and observed a herd of 212 wintering pronghorn antelope approximately one quarter mile west of the proposed project location.

The mission of CPW is to perpetuate the wildlife resources of the state, to provide a quality state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities that educate and inspire current and future generations to serve as active stewards of Colorado’s natural resources. CPW has a statutory responsibility to manage all wildlife species in Colorado; as such we encourage protection for Colorado’s wildlife species and habitats through responsible energy development and land use planning. Protection of core wildlife areas, big game winter range, seasonal migration corridors, raptor nesting locations and quality fisheries and aquatic habitats are of extreme importance to CPW. CPW recommends that all proposed projects be assessed to avoid, minimize, or mitigate impacts to sensitive wildlife habitats and species. That includes Federal and/or State listed species, state species of concern, as well as, big game wildlife (migration corridors, winter range, breeding areas), breeding and nesting habitats for ground-nesting birds, and nests of raptors sensitive to development in order to prevent loss of habitat or fragmentation of habitat. US Fish and Wildlife Service (USFWS) should

Bob D. Broscheid, Director, Colorado Parks and Wildlife • Parks and Wildlife Commission: Robert W. Bray • Matthew Burkett • Charles Garcia • Marie Haskett Carrie Besnette Hauser • John Howard, Chair • Marvin McDaniel • Colleen Peppler • Jennifer Rieke Taylor • James Vigil, Secretary • Michelle Zimmerman, Vice-Chair

Page 2 – Adani Solar Project

be consulted on any Federally-listed Endangered and Threatened Species that might be present at the location. Also, the US Army Corps of Engineers should be consulted for any wetland or streambed impacts.

For eligible energy resources, CPW recommends that new renewable energy projects follow Colorado PUC Rule 3668 on Environmental Impacts and conduct wildlife surveys to avoid, minimize and mitigate potential impacts to wildlife and their habitats, and work closely with CPW in the design of their project. In selecting sites for construction, CPW recommends that developers focus on options that avoid critical wildlife habitats over the use of mitigation strategies. Areas that exhibit high levels of wildlife use within this project area or are unique or critical habitat to wildlife would benefit greatly by not placing facility infrastructure, including transmission lines, adjacent to or over such areas. If all options for avoiding impacts are taken and prove insufficient, then minimization and mitigation strategies should be identified and implemented.

CPW would like to address the following topics for this proposed project:

Habitat loss and fragmentation: In general, CPW recommends that the developer consolidate facilities and roads to the maximum extent possible, to minimize the amount of land that is disturbed and fragmented. Cumulative habitat loss and fragmentation are significant concerns caused by habitat conversion to solar development; therefore, minimizing the project footprint can help maximize available lands for wildlife species to meet their year-round and seasonal needs. Riparian areas are important habitats for a variety of wildlife and need to be connected as much as possible, so a layout that maintains access for wildlife to those areas in particular is preferred. The wetlands within the project area are two of the only naturally occurring water sources for wildlife in the area. They are of particular concern given the limited availability of this habitat in the area and the proportionally high use of the habitat by many different species. CPW would be happy to work with Adani Solar USA, LLC. and their consultant to help identify potential layouts within the proposed footprint that would avoid or minimize potential impacts to these species.

Riparian and stream crossings: The project area includes riparian habitat and small drainage crossings in the form of four riverines and two wetlands as documented by the National Wetlands Inventory. CPW recommends that every effort be made to minimize impact to any riparian area or stream bed, both during construction and after, and treat any stream bed as a stream crossing whether or not water is present at the time of construction by creating as few perpendicular crossings as possible. Minimizing impact to these wetlands is a priority for CPW and avoidance is best whenever possible. CPW

Page 3 – Adani Solar Project

recommends a ground disturbance buffer with minimal activities or operations within 300 feet of any lake, reservoir, wetland or stream. Erosion and sediment control precautions should be in place to avoid deposition into water ways. CPW recommends avoiding heavy manipulation of riparian vegetation and truck/heavy machinery stream crossings.

Travel Corridors and Fencing: Big game species that can potentially be found on the project site include pronghorn, mule deer, and elk. This project site includes important winter habitat for pronghorn as it is mapped by CPW as winter range, severe winter range and a winter concentration area. It is also located on an important migration route for pronghorn to summer and winter ranges. Therefore, we have attached our recommendations for “Fencing with Wildlife in Mind” for your consideration and review. Pages 6 through 10 describe provide wildlife friendly fence diagrams and descriptions. Due to the project area being located on an important east/west migration route for pronghorn, CPW requests that at least one pronghorn travel corridor be incorporated into the layout of the solar array and that the fencing in the area at either end of the travel corridors allow pronghorn access. CPW requests that the travel corridors be at least 300 feet wide. Travel corridors should be positioned in a way that allows visibility of the entire corridor, from one end to the other. We will be happy to discuss any questions you have about fencing of the project when plans are available.

For any installed fencing, CPW recommend a smooth top to the fence (e.g., no top barbed wire or exposed metal rods) to prevent wildlife from impaling themselves. If wildlife exclusion fencing is installed in areas outside of the travel corridors, CPW would request that the solar facility is checked regularly or structures are installed to allow animals to escape, in the unlikely event that a pronghorn or other wildlife become trapped in the facility. The aforementioned fencing brochure addresses exclusion fencing beginning on page 29. CPW also recommends that any security lighting be designed to minimize light pollution and take into consideration the dark sky initiatives to reduce impacts to wildlife by implementing no lighting to the maximum extent possible or have motion-activated lighting.

State Threatened Species and State Species of Concern: Burrowing owl, Gunnison’s prairie dogs and mountain plover are likely to be present on site. While none of these species are federally listed, the burrowing owl is State Threatened and the Gunnison’s prairie dogs and mountain plover are State Species of Concern. Due to the status of these species, it is recommended that special precautions be taken to avoid adverse impacts to individuals in the project area.

Page 4 – Adani Solar Project

Gunnison’s Prairie Dogs: CPW recommends surveys to determine the presence or absence of Gunnison’s prairie dogs (Cynomys gunnisoni), a state species of special concern. If Gunnison’s prairie dog colonies are located on the project area, no human encroachment or construction should occur within 100 feet of the colonies.

Burrowing Owls: If any prairie dog colonies are located within the project area, CPW recommends surveys to determine the presence or absence of burrowing owls (Athene cunicularia), a state threatened bird. If development or construction within or adjacent to prairie dog towns occurs from February 1 to October 31, the presence of burrowing owls and whether they are actively nesting should be determined. If nesting burrowing owls are present, no human encroachment should occur within 150 feet of nesting burrows from March 15 to October 31. If burrowing owls merely occupy the site, it is recommended that earthmoving and other disturbance activities be delayed until late fall after they have migrated. Attached is CPW’s protocol for surveys (Recommended Survey Protocol and Actions to Protect Nesting Burrowing Owls).

Mountain Plover: The proposed project area is within the high potential habitat and conservation area of the mountain plover (Charadrius montanus), a state species of special concern. CPW recommends surveys to determine if active plover nests are located within the project area, during the critical nesting period, April 1 through July 31. Mountain plovers can nest in shortgrass prairie and prairie dog towns, both of which could be located on the project site. If active nests are present, no human encroachment or construction should occur within 300 feet until the young are no longer dependent on the nest.

Transmission lines: CPW preference is for new transmission lines to parallel existing transmission line or infrastructure corridors whenever possible to minimize additional impacts on wildlife and habitat fragmentation. It is not clear from the current project information sheet whether new transmission line will be constructed. If the construction of new transmission lines are proposed, CPW would like the opportunity to consult on the final route when it is developed to help identify potential impacts for species in the project area and recommended mitigation measures which, if enacted, should provide a measure to avoid or minimize impacts to wildlife, particularly to raptors, as they have a higher risk of electrocution.

Through the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act, the U.S. Fish and Wildlife Service, in cooperation with the Edison Electric Institute, has

Page 5 – Adani Solar Project developed Best Management Practices to minimize impacts to avian species. CPW recommends that both the “Suggested Practices for Avian Protection on Power Lines, the

State of the Art in 2006” and the “Reducing Avian Collisions with Power Lines: The State of the Art in 2012” documents be consulted for proper design considerations to minimize raptor electrocution. These documents can be ordered at the Edison Electric Institute website (http://www.eei.org) or can be downloaded at the Avian Power Line Interaction Committee website (http://www.aplic.org).

Noxious weed management: The proposed location consists primarily of shortgrass prairie habitat. Native shortgrass prairie in this area provides critical habitat for species including burrowing owl, Gunnison’s prairie dog, mountain plover, red-tailed hawk, Swainson’s hawk, prairie falcon, peregrine falcon, golden eagle, and pronghorn. It would be very important to salvage the top 6” of topsoil and that any disturbed soil in this area be replanted in native grasses as soon as possible to minimize loss of topsoil.

Also of importance are revegetation of disturbed soils and the control of noxious weed species through the development and implementation of a noxious weed management plan prior to initiating construction activities. The revegetation of disturbed areas and control of invasive weed species are important components of the project and it is critically important that the site be restored back to the native plant community that currently exists on-site. CPW prefers that native vegetation be retained on-site during the operational lifespan of the project, both as habitat for wildlife and to ensure successful reclamation of the project area and any indirect effects on adjacent habitats. Proper reclamation, from a wildlife perspective, involves not only stabilizing the soil and establishing ground cover, but fostering plant communities with a diversity of species and plant types - grasses, woody plants, and broadleaf forbs - which will fully serve the nutritional needs of wildlife. Strict adherence to the Natural Resources Conservation Service’s seed mix recommendations is advised. It is our recommendation to only use native seed mixes. CPW would appreciate the opportunity to review the project's Noxious Weed Management Plan prior to the start of construction.

CPW may have additional recommendations when the final layout and development plans are available for the proposed solar facility. There are technology-specific factors associated with avian fatality risk at solar facilities and the final site plans could influence the potential risk for raptors at the location. Any surface water or evaporation ponds associated with the site could increase the risk to wildlife on the installation either due to toxicity issues or by acting as an attractant. In locations with high avian migration and use and where there is a potential risk to avian species CPW recommends

Page 6 – Adani Solar Project development of a post-construction monitoring program in accordance with the USGS 2016 report Mortality Monitoring Design for Utility-Scale Solar Power Facilities.

CPW appreciates this opportunity to review the proposed Adani Solar Project and we look forward to reviewing any other associated plans (i.e. transmission line alignment, racking layout, reclamation plans, changes to this plan, etc.) or biological surveys or assessments that are developed as the project nears implementation. If you have any questions regarding this letter, please contact District Wildlife Manager Ian Petkash at [email protected] .

Sincerely,

Mark Lamb

Mark Lamb CPW Area 1 Wildlife Manager cc: Ian Petkash, Lake George District Wildlife Manager Brandon Marette, NE Region Energy Liaison Mark Leslie, NE Regional Manager

ATTACHMENTS: Fencing With Wildlife in Mind Recommended Survey Protocol and Actions to Protect Nesting Burrowing Owls

Attachment 3 – Wildlife Impact Report

Consultants in Natural Resources and the Environment

Wildlife Impact Report Hartsel Solar Project Park County, Colorado

Prepared for—

Hartsel Solar LLC 1125 Executive Circle, Suite 130 Irving, Texas 75038

Prepared by—

ERO Resources Corporation 1842 Clarkson Street Denver, Colorado 80218 (303) 830-1188 ERO Project #10528

January 22, 2020

Denver • Durango • Hotchkiss • Idaho www.eroresources.com

Wildlife Impact Report Hartsel Solar Project Park County, Colorado

Contents 1. Introduction ...... 1 1.1 Project Area Location ...... 6 1.2 Project Area Description ...... 6 1.3 Project Description ...... 6 2. Federally Threatened, Endangered, and Candidate Species ...... 10 2.1 Potential Habitat and Effects ...... 11 3. State Threatened, Endangered, and Species of Concern ...... 11 3.1 Gunnison’s Prairie Dog ...... 11 3.2 Burrowing Owl ...... 12 3.3 Mountain Plover ...... 13 4. Big Game ...... 15 4.1 Pronghorn ...... 15 4.2 Elk ...... 19 4.3 Mule Deer ...... 23 5. Raptors and Migratory Birds...... 23 5.1 Potential Habitat and Effects ...... 24 5.2 Proposed Mitigation Measures ...... 25 6. Other Wildlife and Habitat ...... 25 6.1 Potential Habitat and Effects ...... 25 6.2 Proposed Mitigation Measures ...... 26 7. Summary of Mapped Wildlife Habitat Impacts ...... 26 8. Wetlands and Other Waters of the U.S ...... 26 8.1 Potential Effects ...... 27 8.2 Proposed Mitigation Measures ...... 27 9. Mitigation Measures ...... 27 9.1 Wildlife ...... 27 9.2 Water Resources ...... 28 9.3 Vegetation ...... 28 10. References ...... 28

Tables Table 1. Wildlife impact report requirements ...... 1 Table 2. Permit approval criteria...... 3 Table 3. Federally threatened, endangered, and candidate species potentially found in Park Country or potentially affected by projects in Park County ...... 10 Table 4. Summary of impacts on mapped wildlife habitat ...... 26

Figures Figure 1. Vicinity Map ...... 7

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Wildlife Impact Report Hartsel Solar Project Park County, Colorado Figure 2. Existing Conditions ...... 8 Figure 3. Site Plan ...... 9 Figure 4. Pronghorn habitat in the project area ...... 17 Figure 5. Example of wildlife-friendly fence (Hanophy 2009)...... 19 Figure 6. Example of elk escape ramp (Hanophy 2009) ...... 21 Figure 7. Wildlife corridor and escape ramps ...... 22

Appendices Appendix A Photo Log

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Wildlife Impact Report Hartsel Solar Project Park County, Colorado

January 22, 2020

1. Introduction

Hartsel Solar LLC (Hartsel Solar) retained ERO Resources Corporation (ERO) to prepare a wildlife impact report in support of a 1041 Wildlife Habitat Areas permit application for the Hartsel Solar Project in Park County, Colorado (project area; Figure 1). A pre-application meeting was held with Tom Eisenman, Park County Manager, and Ian Petkash, Colorado Parks and Wildlife (CPW) Lake George District Wildlife Manager, on May 8, 2019. ERO biologists assessed the project area for wildlife habitat and conducted wildlife surveys on May 8, May 23, and June 3, 2019 (2019 site visits). During this assessment, activities included identification of wildlife habitat, including potential federally and state-listed threatened and endangered species habitat, surveys for state-listed species and state species of concern, and identification of other natural resources. This report provides information on existing site conditions and resources, a discussion of expected impacts, and a discussion of proposed avoidance, minimization, and mitigation measures to address potential impacts.

Table 1 lists the requirements for the wildlife impact report and identifies the section of the report where the information is found.

Table 1. Wildlife impact report requirements. Requirement Section 5.a Total acres in the Project Area Project Area Location (Section 1.2) 5.b Wildlife species known to be present or occurring on the site Federally Threatened, Endangered, and Candidate Species; State Threatened, Endangered, and Species of Concern; Big Game; Raptors and Migratory Birds; and Other Wildlife and Habitat (Sections 2, 3, 4, 5, and 6) 5.c Location and total acres of each species’ habitat in the Proposed Summary of Mapped Wildlife Habitat Impacts Development area (Sections 2, 3, 4, 5, 6, and 7) 5.d Location and total acreage of open space areas in the Project Area Project Area Location (Section 1.2) 5.e Use patterns of wildlife habitat within the Project Area (movement Federally Threatened, Endangered, and corridors, feeding areas, etc.) Candidate Species; State Threatened, Endangered, and Species of Concern; Big Game; Raptors and Migratory Birds; and Other Wildlife and Habitat (Sections 2, 3, 4, 5, and 6) 5.f Critical connections or relationships with adjoining habitats outside the Big Game (Section 4) Project Area

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Wildlife Impact Report Hartsel Solar Project Park County, Colorado

Requirement Section 5.g Potential impacts of the proposed Project on wildlife habitat, wildlife Federally Threatened, Endangered, and species and/or wildlife movement patterns/displacement wildlife Candidate Species; State Threatened, populations Endangered, and Species of Concern; Big Game; Raptors and Migratory Birds; and Other Wildlife and Habitat (Sections 2, 3, 4, 5, and 6) 5.h List of proposed mitigation methods for each wildlife habitat, wildlife Mitigation Measures (Section 9) species and/or wildlife movement patterns/displacement of wildlife populations 5.i Any other information deemed necessary by the Permit Authority, in Big Game; Mitigation Measures (Sections 4 consultation with the District Wildlife Manager, to adequately assess the and 9) impact of the proposal on wildlife habitat, wildlife species and wildlife habitat and/or wildlife movement patterns/displacement and adaptation of wildlife populations within the Proposed Development area

Table 2 lists the 1041 permit application approval criteria and identifies how the project will not have a significant adverse net effect on wildlife species, wildlife habitat, and wildlife movement patterns/displacement and adaptation of wildlife populations.

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Table 2. Permit approval criteria. (1) Will not have a significant adverse net effect on wildlife species within the Proposed Development area. Assessment of net effect on wildlife species shall be based on the following: (a) The resultant disturbance or harassment to individual animals, groups No significant adverse effect. The applicant coordinated with CPW on mitigation of animals, or wildlife species. measures to minimize disturbance or harassment to wildlife (refer to the Mitigation Measures section). (b) Site development or activities that disrupt necessary life-cycle functions No significant adverse effect. The project does not include introduction of nonnative resulting in stress to the extent that physiological damage is done to an vegetation, excessive use of fertilizers and chemicals, or excessive use of exterior individual animal, group of animals, or wildlife species. Examples lighting. Mitigation measures will be implemented to avoid disruption of necessary include, but are not limited to, introduction of nonnative vegetation, life-cycle functions, such as timing restrictions to avoid impacts on nesting birds and excessive use of fertilizers and other chemicals, placement of structures creation of a wildlife movement corridor across the project area to allow pronghorn in proximity to nesting and feeding areas, and excessive exterior migration. lighting. (c) Species’ reliance on specific unique habitat features that may be No significant adverse effect. The habitat within the project area is generally not affected. unique. Sensitive habitat features in the project area include the small pond and wetlands on the eastern edge of the property and the pronghorn migration corridor. Mitigation measures will be implemented to avoid and reduce project impacts on these features, as described in the Mitigation Measures section. (d) Uniqueness of species to area of Proposed Development within Park No significant adverse effect. Species within the project area are common and County. widespread, with the exception of mountain plover, which is a state species of concern. (e) Uniqueness of species to Park County. No significant adverse effect. None of the species found in the project area are unique to Park County, including mountain plover. (f) Mitigation efforts that directly address the negative effects of the Mitigation measures that address negative effects of the project on wildlife are proposed land use on wildlife species or specific wildlife species provided in the Mitigation Measures section. impacted. (g) Any other significant factor(s) the Permit Authority deems relevant. A pre-application meeting was held with Park County and CPW on May 8, 2019. All significant factors and potential mitigation measures to address impacts to these actors were discussed. It is the applicant's position that the project will not have a significant adverse net effect on wildlife species with implementation of the proposed mitigation measures. (2) Will not have a significant adverse net effect on wildlife habitat within the Proposed Development area. Assessment of net effect on wildlife habitat shall be based on the following: (a) The amount of vegetation/habitat removal and/or alteration within the No significant adverse effect. Existing prairie vegetation will remain in all areas except Proposed Development area. for tracker piles, gravel access roads, transformer pads, and the substation area. Although vegetation will not be directly removed in most areas, vegetation will be affected by shading from solar panels and by changes in rain, snow, or wind patterns, which could lead to changes in the vegetation community. These changes will affect a maximum of 554 acres within the project area.

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Wildlife Impact Report Hartsel Solar Project Park County, Colorado

(b) The amount of habitat of similar type and quality within the Proposed No significant adverse effect. Habitat within the project area will remain contiguous; Development that remains contiguous. however, the security fence surrounding the project area will preclude big game species (pronghorn, elk, and mule deer) from accessing about 554 acres. (c) The existing and proposed amount of lot coverage. Not applicable. No lots are proposed as part of the project. (d) The existence of contiguous habitat of similar types and quality on No significant adverse effect. Extensive contiguous habitat on adjoining land will adjoining land. remain the same after project construction. The wildlife corridor across the property will allow east-west movement of pronghorn and other wildlife across the project. (e) The effect on surface and subsurface water quantity and quality. No significant adverse effect. The project would have little effect on surface and subsurface water quantity and quality. Detention ponds are being installed as shown in Figure 3. (f) Uniqueness of habitat to the Proposed Development within Park No significant adverse effect. The habitat within the project area is common and County. widespread. (g) Uniqueness of habitat to Park County. No significant adverse effect. The habitat within the project area is common and widespread throughout Park County. (h) Mitigation efforts that directly address the negative effects of the Mitigation measures that address the negative effects of the project on wildlife proposed land use on wildlife habitat. habitat is provided in the Mitigation Measures section. (i) Any other significant factor(s) the Permit Authority deems relevant. No significant adverse effect. A pre-application meeting was held with Park County and CPW on May 8, 2019. It is the applicant's position that the project will not have a significant adverse net effect on wildlife species with implementation of the proposed mitigation measures. (3) Will not have a significant adverse net effect on wildlife movement patterns/displacement and adaptation of wildlife populations within the Proposed Development area. Assessment of net effect on wildlife movement patterns/displacement and adaptation of wildlife populations shall be based on the following: (a) The Proposed Development’s effect on preventing wildlife from using a No significant adverse effect on migration patterns. The project occurs within a large habitat they will normally use, such as blocking migration patterns from migration corridor for pronghorn moving between summer and winter range. Existing summer to winter range. residential development and historic/ongoing agriculture has already severely altered pronghorn movement around the land parcels included in the project area. Although pronghorn would be able to move east-west around the project area, the project includes a wildlife movement corridor through the property to enable pronghorn and other wildlife to migrate between summer and winter range (see the Mitigation Measures section). (b) The Proposed Development’s effect on causing wildlife to find new No significant adverse effect. The project has been designed to maintain the routes that expose them to significantly increased predation, pronghorn migration corridor across the project area, which will avoid causing them interaction with vehicles, intense human activity, or more severe to find new routes that expose them to significantly increased predation, interaction topography and climatic conditions. with vehicles, intense human activity, or more severe topography and climatic conditions. (c) The size of the affected habitat and availability of similarly sized and No significant adverse effect. A maximum of 554 acres of habitat will be affected. quality habitat within the surrounding area. The availability of similar habitat in the surrounding area is shown in the Summary of Mapped Wildlife Habitat Impacts section. (d) Inability of the species to adapt to significant alteration of their current No significant adverse effect. Based on the amount of surrounding habitat, and the habitat. proposed mitigation measures, species should be able to adapt to the project’s habitat alterations. ERO Project #10528 4 ERO Resources Corporation

Wildlife Impact Report Hartsel Solar Project Park County, Colorado

(e) Inability of the species to find a new habitat that is sufficient to sustain No significant adverse effect. Based on the amount of surrounding habitat, and the the species over the long term. proposed mitigation measures, species should be able to adapt to the project’s habitat alterations. (f) Mitigation efforts that directly address the negative effects of the Mitigation measures that address the negative effects of the project on wildlife proposed land use on wildlife movement patterns, adaptation, and/or movement patterns, adaptation, and/or displacement of wildlife are provided in the displacement of wildlife populations. Mitigation Measures section. (g) Any other significant factor(s) the Permit Authority deems relevant. A pre-application meeting was held with Park County and CPW on May 8, 2019. It is the applicant's understanding that the project will not have a significant adverse net effect on wildlife species with implementation of the proposed mitigation measures.

ERO Project #10528 5 ERO Resources Corporation Wildlife Impact Report Hartsel Solar Project Park County, Colorado

Project Area Location The project area covers 595 acres in portions of Sections 30 and 31, Township 11 South, Range 73 West of the 6th Principal Meridian in Park County, Colorado (Figure 1). The UTM coordinates for the approximate center of the project area are 448650mE, 4323649mN, Zone 13 North. The longitude/latitude of the project area is 105.593516°W/39.060420°N. The elevation of the project area ranges from approximately 8,890 to 9,100 feet above sea level. Photos of the project area are included in Appendix A.

Project Area Description The project area is bordered by Highway 24 to the south, Yuma Road to the east, and Turner Gulch Road to the north (Figure 2). San Juan Street borders a portion of the property to the west, along with several low-density residential lots. The project area is zoned as agricultural land and was formerly used for grazing, although no grazing or other agricultural activities are currently occurring. Two barns and a house are in the northeastern portion of the project area. The project area has gently rolling topography and no tree cover (Photos 1 and 2). A series of rocky outcrops occurs near the center of the project area. A small pond and associated wetlands occur on the eastern edge of the project area just south of the farm buildings (Photo 3). Four small upland drainage swales flow through the project area and generally run from northeast to southwest. A pipeline easement for the Homestake Pipeline crosses the southern portion of the property from east to west.

The vegetation in the project area is dominated by shortgrass prairie species. Common plant species in the project area include blue grama (Bouteloua gracilis), fringed sage (Artemisia frigida), and prairie sage (Artemisia ludoviciana). Other species include snakeweed (Gutierrezia sarothrae), beehive cactus (Coryphantha vivipara), and various lichens. The vegetation in the project area is generally less than 4 inches tall, and bare or lichen-covered ground is common.

Surrounding land to the west, east, and north is zoned as rural residential, although the land is mostly undeveloped with a few scattered residences on large lots. Land south of Highway 24 is zoned agricultural and is mostly undeveloped and used for grazing.

Project Description Hartsel Solar is proposing to construct a utility-scale solar photovoltaic plant consisting of high- efficiency silicon modules and a Horizontal Single Axis Tracking system (Figure 3). Up to 23 pad- mounted transformers will collect and transmit the medium voltage electricity to a substation where it will be put on a 230-kV transmission line coming from the Northeastern Tarryall Substation. This project will supply up to 72 MW of AC power to the point of interconnection. Existing grasslands will remain in all areas except for tracker piles, gravel access roads, transformer pads, and the substation area. The solar plant will interconnect to the Public Service Company of Colorado (PSCo) electrical transmission system at a PSCo owned switchyard facility. The location of such facility is located within the project boundary but may change within the project boundary depending on the design.

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Wildlife Impact Report Hartsel Solar Project Park County, Colorado

Figure 1. Vicinity Map

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Wildlife Impact Report Hartsel Solar Project Park County, Colorado

Figure 2. Existing Conditions

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Wildlife Impact Report Hartsel Solar Project Park County, Colorado

Figure 3. Site Plan

Wildlife Impact Report Hartsel Solar Project Park County, Colorado

The photovoltaic plant will be surrounded by a 7-foot-high chain link security fence. Three detention ponds will be constructed within the project area for storm water control, as shown in Figure 3. Three gravel access roads will access the project area from access points along Turner Gulch Road. Several inverter pads will be located throughout the project area as shown in Figure 3.

2. Federally Threatened, Endangered, and Candidate Species

ERO assessed the project area for potential habitat for threatened, endangered, and candidate species under the Endangered Species Act (ESA). Federally threatened and endangered species are protected under the ESA of 1973, as amended (16 United States Code 1531 et seq.). Significant adverse effects on a federally listed species or its habitat require consultation with the U.S. Fish and Wildlife Service (Service) under Section 7 or 10 of the ESA. The Service lists several threatened and endangered species with potential habitat in Park County, or that could be potentially affected by projects in Park County (Table 1).

Table 3. Federally threatened, endangered, and candidate species potentially found in Park County or potentially affected by projects in Park County. Habitat Present or Potential to Common Name Scientific Name Status* Habitat be Affected by Project? Mammals Canada lynx Lynx canadensis T Climax boreal forest with a No – Project dense understory of thickets area lacks and windfalls boreal forest North American wolverine Gulo gulo luscus P Subalpine forests above 8,000 No – Project feet in elevation area lacks sub- alpine forest Birds Interior least tern** Sterna antillarum E Sandy/pebble beaches on lakes, No habitat and athalassos reservoirs, and rivers no depletions anticipated Mexican spotted owl Strix occidentalis T Closed canopy forests in steep No – Project canyons area lacks canyon habitat Piping plover** Charadrius melodus T Sandy lakeshore beaches and No habitat and river sandbars no depletions anticipated Whooping crane** Grus americana E Mudflats around reservoirs and No habitat and in agricultural areas no depletions anticipated Fish Greenback cutthroat trout Oncorhynchus clarki T Cold, clear, gravel headwater No – Project stomias streams and mountain lakes area lacks streams and lakes Pallid sturgeon** Scaphirhynchus albus E Large, turbid, free-flowing No habitat and rivers with a strong current and no depletions gravel or sandy substrate anticipated

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Wildlife Impact Report Hartsel Solar Project Park County, Colorado

Habitat Present or Potential to Common Name Scientific Name Status* Habitat be Affected by Project? Invertebrates Uncompahgre fritillary Boloria acrocnema E All known populations are No – Project butterfly associated with large patches of area is below snow willow above 12,400 feet 12,400 feet and in elevation lacks snow willow Plants Western prairie fringed Platanthera praeclara T Moist to wet prairies and No habitat and orchid** meadows no depletions anticipated *T = Federally Threatened Species, E = Federally Endangered Species; P = Proposed for Federal Listing. **Water depletions to the Platte River system may affect the species and/or critical habitat in downstream reaches in other counties or states. Source: Service 2019.

Potential Habitat and Effects The proposed project will not directly affect any of the species in Table 3 because of the lack of habitat in the project area. The interior least tern, piping plover, whooping crane, pallid sturgeon, and western prairie fringed orchid are species that are affected by depletions to the Platte River system. Based on ERO’s knowledge of the types of activities likely to be implemented as part of the development of the project area for a solar project, there will be no depletions to the South Platte River.

3. State Threatened, Endangered, and Species of Concern

CPW has identified Gunnison’s prairie dog (Cynomus gunnisoni), burrowing owl (Athene cunicularia), and mountain plover (Charadrius montanus) as potentially occurring in the project area (CPW 2019a). Burrowing owl is listed as threatened by the state of Colorado, and Gunnison’s prairie dog and mountain plover are considered state species of concern.

Gunnison’s Prairie Dog The Gunnison’s prairie dog is one of five species of prairie dog, all of which are native to North America. The Gunnison’s prairie dog is considered a keystone species of the sagebrush ecosystems: once abandoned, the burrows they create provide shelter for burrowing owls, weasels, snakes, badgers, and foxes. They are food source for coyotes, weasels, foxes, hawks, eagles, and the endangered black- footed ferret.

The range of the Gunnison’s prairie dog extends from central Colorado to central Arizona, including a small portion of southeastern Utah and much of the northwestern half of New Mexico. The montane and prairie portions of the range are separated by mountain ranges that almost completely limit prairie dog movement between them (Service 2008). The prairie dog requires deep well-drained soils for development of burrows. Topography of inhabited areas is flat to gently rolling, with slopes generally less than 30 percent (Forrest et al. 1985). They are found in relatively open plant communities with

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short vegetation (Tileson and Lechleitner 1966). They inhabit shortgrass and midgrass prairies, grass- shrub habitats in low valleys, and mesic high-elevation sites (5,000 to 12,000 feet) (Tileson and Lechleitner 1966).

Concern about Gunnison’s prairie dog populations, rangewide and in Colorado, stems from apparent declines in distribution caused by multiple factors, most notably plague. Other factors include agricultural development, energy and mineral development, poisoning, rangeland degradation, shooting, and urban development (Seglund and Schnurr 2010).

Potential Habitat and Effects Gunnison’s prairie dogs were once widespread in South Park; however, an outbreak of plague in 1940 and extensive poisoning had nearly extirpated this species from South Park by the late 1960s (Fitzgerald 1970). Few Gunnison’s prairie dog colonies are thought to exist in South Park, with the estimated occupied area encompassing approximately 3,000 acres in 2003 (Colorado Division of Wildlife (CDOW) 2003). No Gunnison’s prairie dogs were observed at the site during the 2019 site visits, although Wyoming ground squirrels (Urocitellus elegans) were observed in the project area south of the ranch buildings. Prairie dogs are typically conspicuous when they are present due to their diurnal nature and the mounds at the entrances to their burrows. Because Gunnison’s prairie dogs were not observed during the 2019 site visits, they are unlikely to occur in the project area.

Proposed Mitigation Measures Because Gunnison’s prairie dogs are not present in the project area, no action is necessary regarding this species.

Burrowing Owl The western burrowing owl (burrowing owl) is a small migrant owl listed by the state of Colorado as a threatened species and is federally protected under the Migratory Bird Treaty Act (MBTA). Primary threats to the burrowing owl include habitat loss and fragmentation, anthropogenic sources of mortality such as vehicular collisions, and loss of wintering grounds, largely in Mexico (McDonald et al. 2004).

In general, burrowing owls are found in grasslands with vegetation less than 4 inches high and a relatively large proportion of bare ground (Gillihan and Hutchings 2000). In Colorado, burrowing owls are usually associated with black-tailed prairie dog colonies (Kingery 1998; Andrews and Righter 1992). More than 70 percent of sightings reported by Colorado Breeding Bird Atlasers were in prairie dog colonies (Kingery 1998).

Burrowing owls usually arrive on their breeding grounds around mid-March to early April and remain until September (Haug and Oliphant 1990). Burrowing owls are typically present in Colorado between March 15 and October 31, with breeding from mid-April to early/mid-August (Andrews and Righter 1992; Kingery 1998). If prairie dogs are present, CPW suggests conducting burrowing owl clearance surveys in prairie dog towns that are subject to poisoning and/or construction projects during the period from March 15 through October 31 (CDOW 2008).

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Potential Habitat and Effects No burrowing owls were observed during the 2019 site visits. No prairie dog colonies that could provide nesting habitat for burrowing owls are present in the project area. Some evidence of burrowing mammals was observed in the project area, covering a small area on the eastern edge just south of the ranch buildings. Wyoming ground squirrels were observed near the burrows, and a couple of the burrows appeared to have been enlarged by a badger (Taxidea taxus) or other medium-sized animal. As described above under Gunnison’s prairie dog, no prairie dogs were observed in the project area during the 2019 site visits. No signs of burrowing owls (such as regurgitated pellets) were observed near the ground squirrel burrows. Because no burrowing owls or sign indicating their presence were observed and the limited availability of mammal burrows for nesting, it is unlikely that burrowing owls are present in the project area.

Proposed Mitigation Measures Although burrowing owls are unlikely to be present in the project area currently, there is a small possibility that they could occupy the area before construction begins in 2020. The proposed timing restriction avoiding ground clearing activities from April 1 to September 1 will also avoid impacts on nesting burrowing owls in the unlikely event that they were to nest in the project area in the future.

Mountain Plover The mountain plover is a Colorado species of concern. In 2002, the Service proposed listing the mountain plover as a threatened species under the ESA, as well as a special rule exempting specific farming practices from ESA prohibitions. In 2003, the Service concluded that the threats to the mountain plover were not as significant as previously believed and withdrew the listing proposal. As part of a settlement agreement, on June 29, 2010, the Service reinstated their 2002 proposal to list the mountain plover as a threatened species under the ESA, without the agricultural exemption of farming practices. In 2011, the Service withdrew the proposed listing of mountain plover after determining that the species is not endangered or threatened throughout all or a significant portion of its range (Service 2011). Presently, the mountain plover is not listed under the ESA (Service 2019).

The mountain plover is a bird of the dry tablelands and Colorado Plateau, nesting primarily in shortgrass prairie sites used historically by prairie dogs, bison, and pronghorn. This species breeds in shortgrass prairie from northern Montana, Wyoming, and Colorado to central New Mexico. The wintering range extends from central California to southern Arizona into northern Mexico. The habitat requirements of this bird generally consist of open flat tablelands and short intensively grazed grasslands. Typically, plovers nest in areas that maintain about 30 percent bare ground and are often found in disturbed habitats, burned prairie, fallow agricultural fields, and prairie dog colonies (Knopf and Wunder 2006). Plovers avoid vegetation greater than 6 inches high and hillsides or steep slopes. Known mountain plover nesting sites in Colorado are in eastern and southeastern Colorado and South Park (Kuenning and Kingery 1998). Mountain plovers typically nest in Colorado between April 1 and July 10. Incubation averages 29 days and then the chicks stay with the adults and fledge 33 to 34 days later. Plovers will

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renest on tilled fields if their initial nests are destroyed, and research suggests that the benefits of nesting in predator-free croplands may compensate for nests lost due to tillage practices (Dreitz and Knopf 2007). Mountain plovers may be vulnerable to human and vehicular disturbance during courtship, egg laying, and early chick development. Threats to mountain plovers include conversion of native prairie grasslands to cultivation, loss of prairie dog colonies, alteration of grazing regimes, habitat fragmentation, control of insects that provide a food resource, exposure to pesticides, and oil and mineral development.

Potential Habitat and Effects The entire project area is mapped as mountain plover habitat by CPW’s Natural Diversity Information Source (NDIS 2019). Mountain plover surveys were conducted in the project area on May 22, 2019 and June 3, 2019 following the survey protocol recommended by CPW (Service 2002). No plovers or nests were observed during the survey on May 22; however, ERO biologists found an active mountain plover nest with three eggs and a mountain plover incubating on June 3 (Photo 4). The nest was found in the gently rolling rocky west-central portion of the project area. Although the survey protocol recommends three surveys separated by about two weeks to determine the presence or absence of mountain plovers, after discussions with CPW it was decided that the third survey was not needed because the presence of breeding plovers has been established at the project area. CPW concurred with this determination in an email on June 17, 2019 (CPW 2019b).

Mountain plovers can be loosely colonial, and nesting territories average about 40 acres (Knopf and Wunder 2006). For these reasons, it is possible that additional nesting plovers were present in the 595- acre project area and were not detected during the survey. It is also possible that plovers may nest in the project area in the future in other portions of the project area. Therefore, the number of nesting plovers at the site is not known, but at least one breeding pair nested in the project area during the 2019 breeding season.

Although most vegetation will remain, construction of the solar facilities with the project area and fences surrounding the project area, along with increased vehicular and foot traffic, will deter mountain plovers from using the site in the future. About 554 acres of mountain plover habitat will be lost, which is about 0.27 percent of the total 204,484 acres of mountain plover habitat in Park County. Direct impacts on nesting mountain plovers will be avoided by implementing the proposed mitigation measures described below.

Recommended Mitigation Measures To avoid adverse effects on mountain plovers, Hartsel Solar has proposed no ground clearing in the project area from April 1 to September 1. CPW suggested avoiding disturbance during this date range in an email correspondence on June 17, 2019 (CPW 2019b).

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4. Big Game

The project area is habitat for big game species including pronghorn, elk, and mule deer (CPW 2019a). Known or potential occurrence of these species, and possible effects, are described below.

Pronghorn The American pronghorn inhabits grasslands and semidesert shrublands on rolling topography that provides good visibility (Fitzgerald et al. 1994). Pronghorn tend to favor vast expanses of open areas and are typically sensitive to human presence, including residential and commercial development and habitat loss (Sawyer and Lindzey 2000). In Colorado, pronghorn occur on the eastern plains, in large mountain parks and valleys, and in shrublands on the West Slope (Fitzgerald et al. 1994).

Potential Habitat and Effects The project area contains important winter habitat for pronghorn, including areas mapped by NDIS (2019) as winter range, severe winter range, and winter concentration area (Figure 4). Severe winter range is defined as locations 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 2 worst winters out of 10. A winter concentration area is defined as winter range where pronghorn densities are at least 200 percent greater than the surrounding winter range density. The project area is also mapped as a pronghorn concentration area, which is defined as that part of the overall range where densities are at least 200 percent greater than the surrounding area during a season other than winter (NDIS 2019). The project area is also within an important migration route between winter and summer ranges (CPW 2019a). Pronghorn were frequently observed in or near the project area during the 2019 site visits. CPW reported that a herd of 212 wintering pronghorn were observed about 0.25 mile west of the project area on December 21, 2018 (CPW 2019a).

Development of the solar power project will eliminate pronghorn habitat by installing security fencing around the facility, which will effectively preclude access by pronghorn and other large mammals. The entire facility will be fenced with 7-foot chain link security fence, with the exception of about 16 acres around the wetlands on the eastern edge of the project area and a 25-acre wildlife corridor that will be undeveloped, with wildlife-friendly fencing at either end (Figure 7). The wildlife corridor will be fenced with 7-foot high security fence along its northern and southern boundaries. About 554 acres of concentration area, winter range, severe winter range, and winter concentration area will no longer be available as habitat for pronghorns. For context, this is about 0.23 percent of the total pronghorn winter range, 1.11 percent of the total severe winter range, and 0.35 percent of the total winter concentration area in Park County (Table 2).

CPW mapping identifies pronghorn migration patterns west and north of the project area (NDIS 2019). Migration patterns are defined as a subjective indication of the general direction of the seasonal movements of pronghorn (NDIS 2019). CPW identified the project area as within a large important east- west migration route for pronghorn movements between summer and winter ranges (CPW 2019a).

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Figure 4. Pronghorn habitat in the project area.

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Development could result in partial habitat fragmentation and disrupt the east to west movement of pronghorn across the project area as they move between summer and winter ranges; however, as described below, mitigation measures will allow movement of pronghorn across the project area following construction. Although pronghorn would not generally be expected to jump over a 7-foot fence, there is the remote possibility that pronghorn could jump the security fence and become trapped within the facility, potentially resulting in starvation for the trapped individuals.

Finally, the pond and wetlands area on the eastern edge of the project area, just south of the ranch buildings, is one of the few water sources available to wildlife in the area. If the project were to limit access to the pond and wetlands by enclosing the area within a fence, this would eliminate access to an important water source in the area for pronghorn and other wildlife.

Proposed Mitigation Measures After discussions with Ian Petkash with CPW during an onsite visit and meeting on May 8, 2019, an east to west wildlife corridor was identified as a recommended mitigation measure to allow pronghorn migration across the project area after completion of the project and reduce the habitat fragmentation effects of the project (Figure 3). The general requirements for the wildlife corridor, as recommended by CPW, are that it will be at least 300 feet wide and provide a clear line of sight across the corridor from end to end (CPW 2019a). The proposed wildlife corridor location follows an existing 30-foot-wide easement for the Homestake Pipeline.

As recommended by CPW (2019a), the 7-foot security fence around the facility will be designed with a smooth top (for example, no top barbed wire or exposed metal rods) to prevent pronghorn and other wildlife from impaling themselves. The proposed wildlife corridor will use wildlife-friendly fencing at both ends to reduce the risk of pronghorn or other wildlife being entangled (Figure 5). Although capable of jumping over fences, pronghorn typically prefer to cross fences by crawling under (Hanophy 2009). Wildlife-friendly fence at either end of the wildlife corridor will be based on the design shown on page 7 in the CPW guidebook Fencing with Wildlife in Mind (Hanophy 2009) and will have smooth top and bottom wires to reduce the risk of injury or entanglement of wildlife attempting to jump over or crawl under the fence.

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Figure 5. Example of wildlife-friendly fence (Hanophy 2009).

The project will include wildlife escape ramps, as described below under the mitigation measures for elk. Although pronghorns are unlikely to become trapped in the facility by jumping the security fence, the escape ramps will provide a way for any trapped pronghorn to escape.

Impacts on the wetlands on the eastern edge of the project area will be avoided, and no fences will be installed around the wetlands (Figure 3). An area of about 16 acres, including the wetlands and a surrounding buffer, will be preserved. This will allow pronghorn and other wildlife to continue to have access to this water source.

Elk Elk once ranged throughout much of central and western North America from Alaska south through the Canadian Provinces, south through much of the United States (Fitzgerald et al. 1994). In Colorado, elk primarily occupy the western two-thirds of the state but can be found on the eastern plains (Fitzgerald et al. 1994).

Elk once occupied the eastern plains of Colorado, but today they are mostly associated with semi open forests or forest edges adjacent to parks, meadows, and alpine areas. Elk are considered generalist feeders, grazers, and browsers, foraging on a variety of grasses, forbs, and shrubs throughout the year, with grasses, shrubs, and even conifers such as Douglas fir as winter forage (Stewart et al. 2002). Most elk herds migrate between summer and winter ranges, with winter ranges typically occurring at lower elevations; however, some herds are relatively sedentary (Fitzgerald et al. 1994). Breeding occurs in Colorado during late September to mid-October, with females giving birth the following spring. Females with calves tend to isolate themselves from the herd for the first two to three weeks (Fitzgerald et al. 1994).

Potential Habitat and Effects No elk were observed in the project area during the 2019 site visits; however, the project area is suitable habitat for this species. The project area is mapped as elk winter range (NDIS 2019). Elk winter range is defined as that part of the overall range of elk where 90 percent of the individuals are located during the average 5 winters out of 10 from the first heavy snowfall to spring green-up. The project area is not

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within mapped elk summer range, although summer range occurs in the more mountainous habitat within 1 mile to the north and east of the project area (NDIS 2019). Elk summer range is defined as that part of the overall range of elk where 90 percent of the individuals are located between spring green-up and the first heavy snowfall.

The Proposed Development will include security fencing around the solar facilities, enclosing most of the project area with 7-foot security fence, as described above. In addition to the fencing, installation of the photovoltaic facilities and other structures and increased human activity in the area will likely make the site less suitable habitat for elk. After installation of the fencing, about 554 acres of the project area will no longer be available for use by elk. This represents a small amount of habitat loss given that there are 802,396 acres of mapped elk winter range in Park County.

Elk are capable of jumping the 7-foot security fence, so the possibility exists that elk could become accidentally trapped within the facility. Elk trapped within the facility would be at risk of starvation or increased stress.

In addition to providing winter and overall habitat for elk, a pond and wetland area on the eastern edge of the project area provides an important water source for elk and other wildlife in the area, as described above. The project will not limit access to the pond and wetlands, thus preserving access to an important water source in the area for elk and other wildlife.

Proposed Mitigation Measures As described above in the Pronghorn section, the 7-foot security fence around the facility will have a wildlife-friendly design with a smooth top (no top barbed wire or exposed metal rods) to prevent elk and other wildlife from impaling themselves if they attempt to jump the fence. In addition, four wildlife escape ramps will be installed at selected locations in the fence to allow elk and deer to escape if they accidentally become trapped inside the fence. The ramps will have vertical wall on the outside (Figure 6). If elk or deer become trapped inside the fence, they can run up the ramp and jump off the back side.

Deer, elk, and pronghorn are more likely to use openings at fence corners than in the middle of a fence run, unless there is cover, habitat, or natural corridors or trails to attract them (Hanophy 2009); therefore, the wildlife escape ramps will be placed in the corners of the fence adjoining the proposed 300-foot-wide wildlife corridor (Figure 7).

Additional mitigation measures as described above for pronghorn, such as establishing a 300-foot-wide east-to-west corridor and maintaining access to the pond and wetlands on the eastern edge of the property, will similarly benefit elk.

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Figure 6. Example of elk escape ramp (Hanophy 2009).

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Figure 7. Wildlife corridor and escape ramps.

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Mule Deer Mule deer are found statewide in all ecosystems from grasslands to the alpine (Fitzgerald et al. 1994). The wide distribution and adaptability of mule deer make their diets somewhat broad. In the winter, mule deer browse on a variety of trees, shrubs, and forbs. Spring and summer diets shift more to grasses and forbs (Fitzgerald et al. 1994). Spring and summer ranges typically are a mosaic of meadows, aspen woodlands, alpine tundra, subalpine forest edges, or montane forests (Fitzgerald et al. 1994). Mule deer breed from November through December and during fawning does are solitary, but after fawning they will form small groups of does, fawns, and yearlings (Fitzgerald et al. 1994).

In Colorado, mule deer herds tend to be migratory. Movements occur from summer range at higher elevations to winter range at lower elevations triggered by snowfall and a decrease in quantity and quality of forage (Fitzgerald et al. 1994; McCullough 1999; Eon and Serrouya 2005; Garrott et al. 1987). Migrations can be from a few kilometers up to 90 kilometers (55 miles) on the White River Plateau (Fitzgerald et al. 1994; McCullough 1999; Eon and Serrouya 2005).

Potential Habitat and Effects No mule deer were observed in the project area during the 2019 site visits. The project area is within overall range for mule deer, but is not within mule deer summer range, severe winter range, or winter concentration area (NDIS 2019). It is possible that mule deer use the project area, especially the wetland area on the eastern edge. Impacts on mule deer will be similar to impacts described above for elk. After installation of the fencing, about 554 acres of the project area will no longer be available for use by mule deer. This represents a small amount of habitat loss given that the entire county is mapped as overall mule deer range.

As described above for elk, mule deer are capable of jumping the 7-foot security fence and could become accidentally trapped within the facility. Also, as described above for elk, project will not limit access to the pond and wetlands by enclosing the area within a fence, and access to this important water source in the area for mule deer and other wildlife will be preserved.

Proposed Mitigation Measures The proposed mitigation measures for pronghorn and elk, including wildlife-friendly fence design, installing escape ramps, and maintaining access to the wetland areas as described above, will also benefit mule deer.

5. Raptors and Migratory Birds

Migratory birds, as well as their eggs and nests, are protected under the MBTA. The MBTA does not contain any prohibition that applies to the destruction of a bird nest alone (without birds or eggs), provided that no possession occurs during destruction. While destruction of a nest by itself is not prohibited under the MBTA, nest destruction that results in the unpermitted take of migratory birds or their eggs is illegal and fully prosecutable under the MBTA (Service 2003). The regulatory definition of a

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take means to pursue, hunt, shoot, wound, kill, trap, capture, or collect; or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect.

Under the MBTA, the Service may issue nest depredation permits, which allow a permittee to remove an active nest. The Service, however, issues few permits and only under specific circumstances, usually related to human health and safety. Obtaining a nest depredation permit is unlikely and involves a process that takes a minimum of 8 to 12 weeks. The best way to avoid a violation of the MBTA is to remove vegetation outside of the active breeding season, which typically falls between March and August, depending on the species. MBTA enforcement actions are the typically result of a concerned member of the community reporting a violation.

Potential Habitat and Effects Birds observed during the 2019 site visits included horned lark (Eremophila alpestris), vesper sparrow (Pooecetes gramineus), common raven (Corvus corax), yellow-rumped warbler (Setophaga coronata), Swainson’s hawk (Buteo swainsoni), American crow (Corvus brachyrhynchos), mountain bluebird (Sialia currucoides), black-billed magpie (Pica hudsonia), and mountain plover. ERO did not observe any active or inactive migratory bird nests, including potential raptor nests, in or near the project area during the 2019 site visits, except for the mountain plover nest previously described. Additional ground-nesting birds could potentially nest in the grasslands in the project area.

The IPaC resource list identifies the following Birds of Conservation Concern as potentially occurring in the project area: Brewer’s sparrow (Spizella breweri), burrowing owl, Lewis's woodpecker (Melanerpes lewis), mountain plover, and pinyon jay (Gymnorhinus cyanocephalus) (Service 2019). Burrowing owl and mountain plover are discussed in the State Threatened, Endangered, and Species of Concern section. Lewis’s woodpecker and pinyon jay occur in forest or scrub habitat and are not likely to occur in the project area. Brewer’s sparrow is strongly associated with sagebrush habitat and is also unlikely to occur in the project area. None of these species were observed in the project area during the 2019 site visits, except for the mountain plover, as previously described.

Other potential concerns include the presence of ponds, which could attract birds, and increased predation on birds that become injured or disoriented due to collisions with the solar facilities.

The project area will continue to provide some habitat for migratory birds. Although most vegetation will remain, the presence of the solar facilities, increased vehicular and foot traffic, and shading effects from the solar panels will likely make the project area less attractive to nesting migratory birds. The project will tie into an existing power line at the northwest corner of the project area, so no new power lines will be constructed and no power line-related effects are expected.

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Proposed Mitigation Measures Although only one nest was observed during the 2019 site visits, as described above in the Mountain Plover section, ground-nesting bird nests are difficult to detect and may be present in the grasslands in the project area. To avoid destruction of potential migratory bird nests, vegetation removal will be conducted outside of the April 1 through August 31 breeding season.

Both the Denver Field Office of the Service (2009) and the Colorado Department of Transportation (2011) have identified the primary nesting season for migratory birds in eastern Colorado as occurring between April 1 and mid to late August. Habitat-disturbing activities (e.g., tree removal, grading, scraping, and grubbing) should be conducted in the nonbreeding season to avoid disturbing active nests, or to avoid a “take” of the migratory bird nests within the project area. Nests can be removed during the nonbreeding season, September 1 through March 31, to preclude future nesting and avoid violations of the MBTA. There is no process for removing nests during the nonbreeding season; however, nests may not be collected under MBTA regulations. If the construction schedule does not allow vegetation removal outside of the breeding season, a nest survey should be conducted immediately prior to vegetation removal to determine if the nests are active and by which species. If active nests are found, any work that would destroy the nests or cause the birds to abandon young in the next cannot be conducted until the birds have vacated the nests.

The proposed timing restriction for mountain plovers prohibiting ground clearing and construction from April 1 to September 1 will protect other ground-nesting birds that could occur in the project area.

6. Other Wildlife and Habitat

In addition to the species previously discussed, wildlife species potentially occurring in the project area include coyote (Canis latrans), badger, jackrabbit (Lepus sp.), deer mouse (Peromyscus maniculatus), and other small mammals. Reptiles and amphibians, such as the wandering gartersnake (Thamnophis elegans), are unlikely to occur in most of the project area due to dryness and high elevation of the site, but could occur near the wetlands in the northeast portion of the project area.

Potential Habitat and Effects As previously described, existing prairie habitat will remain in all areas except for tracker piles, gravel access roads, transformer pads, and the substation area. Although vegetation that provides habitat will not be directly removed in most areas, vegetation will be affected by shading from solar panels and by changes in rain, snow, or wind patterns, which could lead to changes in the vegetation community. In addition, disturbance of native vegetation could allow invasive nonnative vegetation to become established in the project area, leading to a decrease in the diversity of native plant populations. Many

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invasive exotic plants are unpalatable or toxic to wildlife, and their presence would likely reduce wildlife use in the infested area.

Although the security fence will limit access to the project area by some larger wildlife species, the project area will continue to provide some habitat for small mammals, such as deer mice and other nocturnal species. Wyoming ground squirrels prefer wide open habitat and will probably avoid the portions of the project area developed with photovoltaic panels. Portions of the project area outside the security fence (the wetland area and wildlife corridor) will continue to be used by big game and small and medium-sized mammals.

Proposed Mitigation Measures The wetlands in the northeast portion of the property will be preserved, along with a buffer area, protecting a total of about 16 acres for wildlife habitat. The project also will include revegetation of disturbed areas with a native seed mix and control of noxious weeds. Mitigation measures for revegetation and noxious weed control are described in detail in the Mitigation Measures section.

7. Summary of Mapped Wildlife Habitat Impacts

Impacts on wildlife habitat mapped by CPW (NDIS 2019) are summarized in Table 4.

Table 4. Summary of impacts on mapped wildlife habitat. Impacts from Project Habitat in Park County % of Total Habitat in (Acres) (Acres)* Park County Mountain plover habitat 554 204,484 0.27 Pronghorn winter range 554 243,180 0.23 Pronghorn severe winter range 554 50,079 1.11 Pronghorn winter concentration 554 159,422 0.35 Elk winter range 554 802,396 0.07 Mule deer overall range 554 1,413,719 0.04 *Source: NDIS 2019.

8. Wetlands and Other Waters of the U.S.

A wetland delineation following U.S. Army Corps of Engineers (Corps) guidelines was conducted by Alpha Environmental in October 2018 (Alpha Environmental 2019). Two connected wetland areas totaling 5.5 acres were mapped in the northeastern portion of the project area (Figure 3). These wetlands consist of a larger saturated area and a smaller seasonally flooded area near the southern edge of the wetland area. The wetlands are classified as palustrine emergent persistent, temporarily flooded (PEM1A) and palustrine emergent persistent, seasonally saturated (PEM1B). The wetlands appear to be heavily degraded due to a history of grazing by cattle. Vegetation in the wetlands could not be identified due to the degraded condition from grazing (Alpha Environmental 2019).

Four streambeds were also mapped in the project area. These streambeds were dry and lacked any wetland indicators (such as wetland vegetation, wetland hydrology, or hydric soils) at the time of the survey in October 2018 (Alpha Environmental 2019). The vegetation in these drainages was dominated

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by musk thistle (Carduus nutans), a nonnative invasive species. The drainages are classified as riverine intermittent streambed, seasonally flooded (R4SBC). One section of one of the drainages in the center of the project area is classified as riverine unknown perennial unconsolidated bottom, permanently flooded (R5UBH).

Alpha Environmental submitted a jurisdictional determination (JD) request to the Corps on December 12, 2018. The JD request was received by the Corps and assigned as NWO-2018-02147-DEN. Alpha Environmental included in the JD request for the four streambeds to classified as upland drainage features and "non-jurisdictional" features of the project site.

On August 16, 2019, the Corps issued an Approved Jurisdictional Determination (AJD) for request NWO- 2018-02147-DEN concurring with the assessment made by Alpha Environmental that the Subject Site “contains non-jurisdictional waters/features.” The AJD states that “there are no waters of the United States present within the project site” and no additional permits are required for the discharge of fill material under Section 404 of the Clean Water Act.

Potential Effects On July 10, 2019 Alpha Environmental met with Celena Cui, Regulatory Specialist with the U.S Army Corps of Engineers, Denver office. An assessment of the wetland area and streambed areas was performed using the mapping and GPS locations provided by Alpha. At the time of the assessment of the wetland area no big game species including pronghorn, elk, and mule deer, and no bird species were observed in or near the wetland area. Hydric soils and wetland grass was identified extending from the NWI mapped area southwest to the man-made stone dam. This area of approximately 75 linear feet is to be included as part of the protected wetland area. The four streambeds were determined to be non-jurisdictional uplands with seasonal ditching and therefore not subject to any special measures or permitting.

Proposed Mitigation Measures

Impacts on the wetlands on the eastern edge of the project area will be avoided and no fences will be installed around the wetlands east perimeter that prevents access by big game from adjoining open lands (Figure 3). An area of about 16 acres, including the approximate 6.1-acre wetlands and a surrounding buffer, will be preserved including the additional finger leading the man-made stone dam.

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9. Mitigation Measures

The following mitigation measures will be implemented to minimize the degree or severity of adverse effects.

Wildlife • To avoid adverse effects on mountain plovers and other ground-nesting migratory birds, no ground clearing or surface disturbance will occur in the project area from April 1 to September 1. • The security fence around the facility will be designed with a smooth top (no top barbed wire or exposed metal rods) to prevent big game and other wildlife from impaling themselves. • A wildlife movement corridor will be maintained across the project area from east to west to allow pronghorn migration between summer and winter ranges. The corridor will be 300 feet wide with a clear line of sight from end to end. • The proposed wildlife corridor will use wildlife-friendly fencing at both ends to reduce the risk of pronghorn or other wildlife being entangled (Figure 5). • Four wildlife escape ramps will be installed at selected locations in the fence to allow elk and deer to escape if they accidentally become trapped inside the fence. The ramps will have a vertical wall on the outside (Figure 6). • Impacts on the wetlands in the northeastern portion of the project area will be avoided, and no fences will be installed around the wetlands (Figure 3). An area of about 16 acres, including the wetlands and a surrounding buffer, will be preserved.

Water Resources • Best Management Practices, such as small temporary check dams made of straw bales or temporary silt fences, will be used to minimize erosion and the introduction of sediments to aquatic habitat during and after construction. • Erosion-control measures that provide for soil stability and prevent movement of soils into waterways will be implemented, such as silt fence structures made of burlap or biodegradable mesh. • All vehicle and equipment fueling will occur more than 100 feet from any surface water in a location where a fuel spill will not be able to enter the water. All fueling areas will have spill containment measures.

Vegetation • Vegetation removal will be limited to the minimum necessary to construct access roads, inverter pads, and the substation. Grading will be limited to the minimum necessary to construct the project. • In any disturbed areas, the top 6 inches of topsoil will be salvaged for reuse in the project area and replanted with a native seed mix as soon as possible to minimize loss of topsoil. • All equipment entering the project area will be cleaned and pressure washed to remove foreign soil, vegetation, and other materials that may contain nonnative seeds or vegetation. • Imported fill dirt will be from a weed-free source to ensure that it is free of noxious weeds.

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Wildlife Impact Report Hartsel Solar Project Park County, Colorado • All disturbed areas will be revegetated with native species. All disturbed areas will be restored as nearly as possible to preconstruction conditions shortly after construction activities are completed. All ground disturbance will be revegetated with a native seed mix and application rate approved by Park County within 21 days of the completion of grading, except if conditions make revegetation impractical such as when the ground is covered with snow or frozen. • Revegetation will not be considered complete until the seeded area has reached at least 70 percent of the grass density when compared to adjoining undisturbed areas. • Any nonnative invasive plant infestations discovered in the project area will be treated on a yearly basis for a minimum of three years following project completion. Ongoing weed control will consist of digging out or spraying individual weeds. Spraying or digging will occur as needed to prevent the spread of weeds.

10. References Alpha Environmental. 2019. Wetland Delineation Report for Property At Turner Gulch Road & US Highway 24 Lake George, Park County, Colorado. May 22. Andrews, R. and R. Righter. 1992. Colorado Birds. Denver Museum of Natural History. Denver. Colorado Department of Transportation (CDOT). 2011. Section 240, Protection of Migratory Birds https://www.codot.gov/programs/environmental/wildlife/guidelines/BirdspecCDOTbio.pdf/view. February 3. Colorado Division of Wildlife (CDOW). 2003. Report of acreages of active colonies for Gunnison’s and white-tailed prairie dogs. Unpublished report, Colorado Division of Wildlife, Denver, CO. Colorado Division of Wildlife (CDOW). 2008. Recommended buffer zones and seasonal restrictions for Colorado Raptor Nests. February. Colorado Parks and Wildlife (CPW). 2019a. Letter from Mark Lamb, CPW Area 1 Wildlife Manager, to John Deagan, Park County Planner, Re: CPW Comments on the Proposed Adani Solar USA, LLC Project, unincorporated Park County, CO. January 5. Colorado Parks and Wildlife (CPW). 2019b. Email from Ian Petkash, CPW Lake George District Wildlife Manager, to Steve Butler, ERO Resources Corporation. June 17. Dreitz, V.J. and F.L. Knopf. 2007. Mountain plovers and the politics of research on private lands. BioScience 57(8):681-687. Eon, R.G. and R. Serrouya. 2005. Mule deer seasonal movements and multiscale resource selection using global positioning system radiotelemetry. Journal of Mammalogy 86(4):736-744. Fitzgerald, J.P. 1970. The ecology of plague in prairie dogs and associated small mammals in South Park, Colorado. Ph.D. dissertation, Colorado State University, Fort Collins, CO. Fitzgerald, J.P., C.A. Meaney, and D.M. Armstrong. 1994. Mammals of Colorado. University Press of Colorado and Denver Museum of Natural History. Forrest, D.L., T.W. Clark, L. Richardson and T.M. Campbell III. 1985. Black-footed ferret habitat: some management and reintroduction considerations. Wyoming BLM Wildlife Technical Bulletin No. 2. U.S. Bureau of Land Management, Cheyenne, Wyoming. Garrott, R.A., G.C. White, R.M. Bartmann, L.H. Carpenter, and A.W. Alldredge. 1987. Movements of female mule deer in northwest Colorado. Journal of Wildlife Management 51:634-643.

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Wildlife Impact Report Hartsel Solar Project Park County, Colorado Gillihan, S.C. and S.W. Hutchings. 2000. Best management practices for shortgrass prairie birds: a landowner’s guide. Rocky Mountain Bird Observatory. Brighton, CO. Hanophy, W. 2009. Fencing with Wildlife in Mind. Colorado Parks and Wildlife, Denver, CO. 36 pp. Haug, E.A. and L.W. Oliphant. 1990. Movements, activity patterns, and habitat use of burrowing owls in Saskatchewan. Journal of Wildlife Management 54:27-35. Kingery, H.E. 1998. Colorado Breeding Bird Atlas. Colorado Breeding Bird Atlas Partnership and Colorado Division of Wildlife. Knopf, F.L. and M.B. Wunder. 2006. Mountain Plover (Charadrius montanus), version 2.0. In The Birds of North America (A.F. Poole, Editor). Cornell Lab of Ornithology, Ithaca, NY, USA. https://doi.org/10.2173/bna.211. Kuenning, R.R. and H.E. Kingery. 1998. Mountain plover. Colorado Breeding Bird Atlas. Colorado Bird Atlas Partnership and Colorado Division of Wildlife, Denver, CO. pp. 170-171. McCullough, D.R. 1999. Mule deer in D.E. Wilson and S. Ruff (eds.) The Smithsonian Book of North American Mammals. Smithsonian Institution Press, Washington and London in association American Society of Mammalogists. McDonald, D., N.M. Korfanta, and S.J. Lantz. 2004. The burrowing owl (Athene cunicularia): a technical conservation assessment. USDA Forest Service, Rocky Mountain Region. http://www.fs.fed.us/r2/projects/scp/assessments/burrowingowl.pdf. Natural Diversity Information Source (NDIS). 2019 Natural Diversity Information Source. Colorado Parks and Wildilfe. Sawyer, H. and F. Lindzey. 2000. Jackson Hole Pronghorn Study. Wyoming Cooperative Fish and Wildlife Research Unit, Laramie, WY. Seglund, A.E. and P.M. Schnurr. 2010. Colorado Gunnison’s and white-tailed prairie dog conservation strategy. Colorado Division of Wildlife, Denver, CO, USA. Stewart, K.M., R.T. Bowyer, J.T. Kie, B.l. Dick, M. Ben-David. 2002. Niche partitioning among mule deer, elk, and cattle: Do stable isotopes reflect dietary niche? Ecoscience 10(3):297-302. Tileston, J.V. and R.R. Lechleitner. 1966. Some comparisons of the black-tailed and white-tailed prairie dogs in north-central Colorado. The American Midland Naturalist 75:292-316. U.S. Fish and Wildlife Service (Service). 2002. Mountain Plover Survey Guidelines-Montana. U.S. Fish and Wildlife Service (Service). 2003. Migratory Bird Permit Memorandum. April 15. U.S. Fish and Wildlife Service (Service). 2008. Endangered and threatened wildlife and plants; 12-month finding on a petition to list the Gunnison's prairie dog as threatened or endangered (February 5, 2008). Federal Register 73:6660-6684. U.S. Fish and Wildlife Service (Service). 2009. Personal communication between Pete Plage (U.S. Fish and Wildlife Service) and ERO Resources Corporation. U.S. Fish and Wildlife Service (Service). 2011. Withdrawal of the Proposed Rule to List the Mountain Plover as Threatened (May 12, 2011). Federal Register 76: 27756-27799. U.S. Fish and Wildlife Service (Service). 2019. Endangered, Threatened, Proposed and Candidate Species, Colorado Counties. http://ecos.fws.gov/ipac/. Last accessed May 30, 2019. Walston, L.J., K.E. Rollins, K.E. LaGory, K.P. Smith, and S.A. Meyers. 2016. A preliminary assessment of ERO Project #10528 29 ERO Resources Corporation

Wildlife Impact Report Hartsel Solar Project Park County, Colorado avian mortality at utility-scale solar energy facilities in the United States. Renewable Energy 92 (2016) 405-414.

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Wildlife Impact Report Hartsel Solar Project Park County, Colorado

Appendix A Photo Log

ERO Project #10528 ERO Resources Corporation

HARTSEL SOLAR PROJECT PHOTO LOG MAY 8, MAY 23, AND JUNE 3, 2019

Photo 1 - Overview of project area, view south.

Photo 2 - Overview of project area, view south.

HARTSEL SOLAR PROJECT PHOTO LOG MAY 8, MAY 23, AND JUNE 3, 2019

Photo 3 - Wetlands on eastern edge of project area, view south.

Photo 4 - Mountain plover nest with eggs.