To: Honorable Mayor and Members of Town Council
From: Barbara Spagnuolo, Natural Resource Specialist & HCP Coordinator
Title
Resolution Approving the Renewal to the Intergovernmental Agreement Between the Town of Castle Rock, Town of Parker and the Board of County Commissioners of the County of Douglas for the Continued Implementation of the Douglas County Habitat Conservation Plan; and Authorizing the Application for the Renewal of the Incidental Take Permit with the United States Fish and Wildlife Service Related to the Preble’s Meadow Jumping Mouse
Body
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Executive Summary
The Incidental Take Permit associated with the Douglas County Habitat Conservation Plan (DCHCP) for the Preble’s meadow jumping mouse is set to expire on May 11, 2016, ten years from initial issuance. Under federal law and as it is written in the Take Permit, the Permit is renewable with submittal of a federal permit application. Representatives from all three HCP Applicants (Town of Castle Rock, Town of Parker, Douglas County) are in agreement with the necessity to renew the Take Permit. In addition to the permit renewal, a new Intergovernmental Agreement (IGA) must be signed between the three Applicants to coordinate efforts to comply with the DCHCP commitments. This item is being presented to Council to obtain approval of the resolution supporting a renewal to the Intergovernmental Agreement between the Town of Castle Rock, Town of Parker and the Board of County Commissioners of the County of Douglas for the continued implementation of the Douglas County Habitat Conservation Plan as well as the authorization for the application for the renewal of the Incidental Take Permit.
History of Past Town Council, Boards & Commissions, or Other Discussions
In 2002, through Resolution 2002-71, Council authorized the preparation of a Habitat Conservation Plan through a cooperative effort between the Applicants, which was eventually finalized and submitted to the United States Fish and Wildlife Service (Service) for approval in 2006. As part of the final approval process in 2006, Resolution 2006-49 authorized the submittal of an Incidental Take Permit and Implementing Agreement (IA) with the Service to implement the terms and conditions of the DCHCP. Additionally, the Applicants agreed to work cooperatively to coordinate efforts to comply with the DCHCP, Take Permit and IA commitments through an Intergovernmental Agreement approved by Resolution 2007-46.
Discussion
The Preble’s meadow jumping mouse (Preble’s) is designated as a threatened species protected under the Endangered Species Act. The DCHCP was developed to identify permanent and temporary impacts to Preble’s or Preble’s habitat, known as the Riparian Conservation Zone (RCZ), and outline measures to adequately mitigate those impacts. Those impacts are identified as certain public improvement activities to be conducted by the Applicants within a 10-year period that include certain road, utility and trail projects outlined in the DCHCP, such as the North Meadows Drive Project, East Plum Creek wells and pipeline project and the East Plum Creek Trail Phases 3 and 4. The DCHCP does not include construction activities conducted within the RCZ by private entities. Although several construction activities within the RCZ have been successfully completed in the last ten years, multiple improvement projects identified in the DCHCP have not yet been completed but are proposed within the additional ten-year permit term.
As it is addressed in the DCHCP, the Applicants may apply for renewals of the Take Permits of up to 10 years with the ability to carry forward any unused portion of their mitigation and total impact threshold under the initial Take Permit into the next renewal time period. According to the terms of the existing IA, an extension of the DCHCP and Take Permit constitutes an extension of the IA for the same amount of time; however, the existing IGA does not automatically renew. All Applicants are in agreement with the renewal of the Take Permit and IGA to continue the commitments in the DCHCP, Take Permit and IAs in order to conduct the identified public improvement activities within the RCZ. Each Applicant will be submitting an application to the Service to renew their Take Permits for an additional 10 years to allow completion of the identified public improvement activities.
Budget Impact
N/A
Staff Recommendation
Staff recommends approval of A Resolution Approving the Renewal to the Intergovernmental Agreement Between the Town of Castle Rock, Town of Parker and the Board of County Commissioners of the County of Douglas for the Continued Implementation of the Douglas County Habitat Conservation Plan; and Authorizing the Application for the Renewal of the Incidental Take Permit with the United States Fish and Wildlife Service Related to the Preble’s Meadow Jumping Mouse.
Proposed Motion
“I move to approve A Resolution Approving the Renewal to the Intergovernmental Agreement Between the Town of Castle Rock, Town of Parker and the Board of County Commissioners of the County of Douglas for the Continued Implementation of the Douglas County Habitat Conservation Plan; and Authorizing the Application for the Renewal of the Incidental Take Permit with the United States Fish and Wildlife Service Related to the Preble’s Meadow Jumping Mouse.”
Attachments
Attachment A Resolution
Exhibit 1 IGA