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Findings - CC - 2013 - RZ-19-06 MOD2 - Request Mod To Cond Of Develop/6014 AcreBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A MODIFICATION TO THE M3 EAGLE PRE - ANNEXATION/ DEVELOPMENT AGREEMENT (PADA) FOR M3 COMPANIES, LLC. FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ -19 -06 MOD 2 The above - entitled rezone with development agreement modification application came before the Eagle City Council for their decision on December 10, 2013. The Council, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: M3 Eagle, LLC, represented by Mark Tate, is requesting a modification to the rezone Pre - Annexation/Development Agreement (PADA) Conditions of Development. The 6,014 - acre site is generally located between Willow Creek Road (N. Eagle Road) and State Highway 16 approximately 1 mile north or Homer Road. B. APPLICATION REVIEW: The above referenced pre - annexation/development agreement (PADA) modification (attached) is the result of year of meetings between the applicant, the city attorney, the city engineer, and the planning staff to clarify and remove outdated and unnecessary language within the 2007 approved M3 Pre - annexation and Development Agreement (PADA) to recognize the annexation of the property and the completion of the Design and Development Standards, the Grading and Hillside Development Standards, the CLOMR, and the annexation of an additional 10 acres into the development as approved by the Eagle City Council. The attached development agreement amends and restates the M3 PADA approved by the City in November 2007 and approved for RZ- 19 -06. C. APPLICATION SUBMITTAL: The application for a development agreement modification was submitted on December 20, 2012. Significant revisions were received on November 5, 2013, and on November 27, 2013. D. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle City Council was published in the Idaho Statesman in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on November 5, 2013 and in the Valley Times on November 11, 2013. Notice of this public hearing was mailed to property owners within three - hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on November 5, 2013. The site was posted in accordance with the Eagle City Code on November 8, 2013. Requests for agencies' reviews were transmitted on November 5, 2013, in accordance with the requirements of the Eagle City Code. Page 1 of 6 C:\Documents and SeltingAnbavd\I.ocal SettingATemporary Intemet Fdes \Content.Outlook\E8M4VIN0 \Spring Valley DA MOD ORDINANCE RZ -19 -06 MOD2 0108 13.doc E. HISTORY OF RELEVANT PREVIOUS ACTIONS: On December 18, 2007, the City Council approved a pre - annexation, rezone and development agreement for 6,005 acres from RP (Rural Preservation- Ada County Designation) and RR (Rural Residential -Ada County Designation) to R -1 -DA (Residential - one unit per acre with a development agreement), for the M3 Eagle for M3 Eagle LLC. The M3 Eagle Development Agreement, signed and executed on December 27, 2007, Paragraph 1.3 states that, "on a planning unit by planning unit basis, the developer shall provide the City with grading guidelines and hillside development standards for the City review and approval, in accordance with the notice and hearing procedures of Eagle City Code (8 -7)." On October 27, 2009, the City Council approved RZ -19 -06 MOD to include the M3 Eagle Hillside Development and grading guidelines pursuant to the original 2007 pre - annexation/development agreement. F. AGENCY RESPONCES: The following agencies have responded and their correspondence is attached to the staff report. Comments, which appear to be of special concern, are noted below: Eagle Fire District FEMA- CLOMR approval Idaho Department of Lands G. LETTERS FROM THE PUBLIC: Linda and Ken Hamilton Logan and Doris Schirmer Pat Minkiewicz Steven Purvis Wade & Cheryl Bloom Lee and Elaine Young George Fischer William Gray Barb Jeckyl ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 8 -10 -1 Development Agreements: 8 -10 -1: Requirements and Restrictions: A. Purpose: Development agreements are a discretionary tool to be used by the council as a condition of rezoning. Development agreements allow a specific project with a specific use to be developed on property in an area that is not appropriate for all uses allowed or conditional in the requested zone. STAFF ANALYIS PROVIDED WITHIN THE STAFF MEMOS: 1. The applicant is requesting to amend and restate the development agreement (Instrument #107170114) associated with RZ -19 -06 for the M3 Eagle Development including the removal of old exhibits and the adoption of a new exhibits, most significantly "Exhibit D" formerly "Exhibit F ", the "Spring Valley Master Plan". Page 2 of 6 C:\Documents and Settings\nbaudU.ocal SettingATemporary Intemet Files\ Content.Outlook\E8M4VIN0\Spring Valley DA MOD ORDINANCE RZ -19 -06 MOD2 01 08 13.doc 2. The Development agreement recognizes the intent of the applicant to market the project as "Spring Valley" versus "M3 Eagle ". 3. Definitions have been updated to be consistent with current practices and the documents that have been adopted to date including, but not limited to, Habitat Mitigation Plan, Grading Guidelines, Hillside Development Standards, CLOMR updates, adoption of ECC Title 11 (proposed ZOA -01- 13), the inclusion of an additional 12 acres due to annexation and a better legal description. If the City Council does not support the adoption of an Eagle City Code Title 11 additional changes will be necessary to this document. 4. Recitals have been rewritten to reflect the work completed on the project from 2007 to current including Paragraph 1.3 of the M3. 5. Section 1— Master Plans & Planning Units: a. Change to the process for calculating density. The original development agreement established bonus density for the creation of Community and Neighborhood centers, 40% open space, and long -term funding for open space management. Additionally the project was limited to a net density of 1.7 units per acre until grading standards, habitat mitigation and a CLOMR were completed. The new agreement recognizes that the applicant has completed the studies and addresses the application and calculation of bonuses units on a Planning Unit Master Plan by Planning Unit Master Plant basis, see example density calculation worksheet attached here to Attachment D. Mitigation is now discretionary; the new agreement removes the 1.7 units per acre net density cap, allowing the applicant to identify areas of grading and habitat preservation at the PUMP but does not require grading or development alterative for the Habitat Areas of Special Concern unless the applicant chose to expand the buildable area of a planning area. b. The language about the design of the projects and the individual planning areas has been removed from the document and combined into a single reference document, Exhibit D. 6. Section 2- Infrastructure and Services: a. 2.2 Water. There have been significant changes to this section. A lot of this section was outdated because it was before the City secured the municipal water right for Spring Valley. i. Additional language deals with the re -use irrigation system that the Developer plans to have as part of the Development. ii. As required as part of the water right, the City is required to conduct monitoring and potential mitigation as needed. A Monitoring Plan has been drafted for this requirement. iii. The Assured Water Supply Section addresses if and when the City may utilize the municipal water right outside of the Spring Valley development and ensures the municipal water right will not be impaired. iv. This section addresses a potential municipal irrigation system for the future as well as the Developer's intent to use re -use for irrigation. b. 2.3 Wastewater. The scope of re -use is fleshed out and memorializes the Developer's intent to solely use re -use (subject to any sewer district agreement). c. 2.6(d) BLM Exchange. Additional language is added to contemplate that the exchange may not go through as originally contemplated. d. 2.6(f) Maintenance of Regional Open Space. Additional language was added to allow for Page 3 of 6 C:\Documents and SettingAnbaird\Local Settings \Temporary Intemet Files \Content.Outlook\E8M4VIN0 \Spring Valley DA MOD ORDINANCE RZ -19 -06 MOD2 0108 13.doc the Spring Valley HOA to maintain or fund the maintenance of the Regional Open Space. e. 2.9 Infrastructure Assurance. Additional language was added that includes allowing bonds and letters of credit "sufficient to ensure the full and faithful completion of the public improvement associated with the applicable plat." 7. Section 3- Regulation of Development a. Clarification that density is being calculated at the Planning Unit Master Plan level and it will be at the preliminary plat approval that underutilized density will be measured and reallocated. b. 3.3 Changes to Zoning and Development Program. Language is changed to allow for the City to track the density and any transfers of density at the plat approval not PUMP. 8. Section 4- Project Governance a. Changed the Planned Unit Standards to Development Standards. The PADA MOD would identify that the proposed ECC 11A would fulfill this requirement. b. Design Guidelines satisfied by the proposed ECC Title 11A. The PADA would identify that the proposed ECC 11A would fulfill this requirement. 9. Section 5- Dispute Resolution: No Changes Proposed 10. Section 6- Notivices and Filings: Updating of contact information 11. Section 7- Miscellaneous: a. Additional language added to allow the City to enforce the Development Agreement and/pr a final plat to ensure necessary public infrastructure has been provided. 12. Section 8- General: Minor language Changes and clarification of the role of Eagle City Code 11A, if adopted. 13. The public notice and hearing procedure per Eagle City Code 8 -7 have been met. 14. The City Engineer has reviewed the document and has determined that the standards meet and exceed the standards in Eagle City Code, establishes adequate requirements upon the applicant and their engineer that address the health, safety and welfare concems of the City and conforms to better engineering practices. 15. On November 5, 2013, the applicant submitted the current version of the PADA Modification (RZ -19 -06 MOD2). To assist the City Council in review of the document the issues of contention or alternative recommendation are on the Side by Side Comparison of Outstanding Development Agreement Issues Worksheet, attachment C of this memo. This worksheet provides the City council a single location to review the citation in question, the language from the original 2007 PADA, the M3 November 5`s submittal language, M3 comment, staff comment, and the staff recommendation. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM: Staff recommends approval of the development agreement with the conditions provided in the staff memo dated November 21, 2013 and amended on December 5, 2013 (incorporated herein by reference). Page 4 of 6 CADocuments and SettingAnbaird"cal SettingATemporary Intemet Files\ Content.Outlook\E8M4VIN0\Spring Valley DA MOD ORDINANCE RZ -19 -06 MOD2 0108 13.doc PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on November 21, 2013, at which time testimony was taken and the public hearing was continued to December 10, 2013. On December 11, 2013, testimony was taken and the public hearing was closed. B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the City Council by twelve (12) individuals regarding traffic impacts on Beacon Light Road, the provision of water, the provision of a riding arena in the SW Planning area, and the location of the wastewater treatment plant: . D. Oral testimony neither in favor nor against this proposal was presented to the City Council by three (3) individuals regarding surety bonds and the location of the wastewater treatment plant. COUNCIL DECISION: The Council voted 4 to 0 to approve the staff recommended December 5, 2013 daft of the development agreement modification for RZ -19 -06 MOD2 for a M3 Companies, LLC with the following modifications: 1) Strike all references to building permits from Paragraph 2.2(f). Building permits prior to the signature of a final plat should be address through edits and revisions to Eagle City Resolution 2000 -07; 2) In paragraph 2.2(a) change the cross reference from 22 to 2.2 (h); 3) Paragraph 2.2(a) be written to include "Such special contracts shall be timely executed in order to avoid undue delay of the project." Note: A copy of the final development agreement (RZ -19 -06 MOD2) is attached hereto: CONCLUSIONS OF LAW: 1. The application for a development agreement modification was submitted on December 20, 2012. Significant revisions were received on November 5, 2013, and on November 27, 2013 2. Notice of Public Hearing on the application for the Eagle City Council was published in the Idaho Statesman in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on November 5, 2013, and in the Valley Times on November 11, 2013. Notice of this public hearing was mailed to property owners within three- hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on November 5, 2013. The site was posted in accordance with the Eagle City Code on November 8, 2013. Requests for agencies' reviews were transmitted on November 5, 2013, in accordance with the requirements of the Eagle City Code. 3. The Council reviewed the particular facts and circumstances of this proposed rezone modification (RZ- 19-06 MOD2) with regard to Eagle City Code Section 8 -7 -5 "Action by the modification is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because the modification further clarifies and restricts the development as was envisioned in the original approval (M3 Companies, LLC. Development Agreement and Finding of Fact and Conclusion of Law dated December 18, 2007). Page 5 of 6 CADocuments and Settings\nbabxN ocal SettingATemporary Intemet Files \Content.Outlook\E8M4VIN0 \Spring Valley DA MOD ORDINANCE RZ -19 -06 MOD2 0108 13.doc DATED this 14`s day of January 2014. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Q,4 es D. Reynolds, Mayo ATTEST: Sharon`K. Bergmann, Eagle City .•`'�F BAGCF !; QOIL ATF *' V s ATE �,p �•. Page 6 of 6 CA\Documents and Settings\nbaird\Local SettingsWemporary Internet Fdes \Content.Outlook\E8M4VIN0 \Spring Valley DA MOD ORDINANCE RZ19 -06 MOD2 0108 13.doc Recording Requested By and When Recorded Return to: Planning & Zoning Administrator City of Eagle P.O. Box 1520 Eagle, Idaho 83616 For Recording Purposes Do Not Write Above This Line AMENDED AND RESTATED DEVELOPMENT AGREEMENT by and between CITY OF EAGLE and M3 EAGLE L.L.C. Upon the recordation of this Amended and Restated Development Agreement in the official records of Ada County, Idaho, that certain Pre - Annexation and Development Agreement, recorded in the official records of Ada County, Idaho, on December 27, 2007, as Instrument Number 107170114 shall be null and void and of no further force or effect. TABLE OF CONTENTS DEFINITIONS.................................................................................................................. ..............................1 RECITALS...................................................................................................................... ............................... 6 1. MASTER PLANS; PLANNING UNIT PLANS .......................................................... ..............................8 1.1 Conditions of Development ....................................................................... ..............................8 Traffic & Circulation .................................................................................. .............................13 1.2 Planned Development ............................................................................... ..............................8 Water ........................................................................................................ .............................15 1.3 Mitigation ................................................................................................... ..............................9 Wastewater Treatment and Disposal ....................................................... .............................17 1.4 Planning Concept ...................................................................................... ..............................9 Storm Water Drainage .............................................................................. .............................17 1.5 Master Phasing Plan ................................................................................ .............................11 Public Facilities ......................................................................................... .............................18 1.6 Planning Unit Master Plan (PUMP) .......................................................... .............................11 Parks, Trails and Open Space .................................................................. .............................20 1.7 Allocation; Density .................................................................................... .............................12 Planning Unit Master Environmental Design Plan .................................... .............................21 1.8 Additional Property ................................................................................... .............................12 Construction .............................................................................................. .............................22 1.9 Term ......................................................................................................... .............................13 Infrastructure Assurance .......................................................................... .............................22 2. INFRASTRUCTURE AND SERVICES ................................................................... .............................13 2.1 Traffic & Circulation .................................................................................. .............................13 2.2 Water ........................................................................................................ .............................15 2.3 Wastewater Treatment and Disposal ....................................................... .............................17 2.4 Storm Water Drainage .............................................................................. .............................17 2.5 Public Facilities ......................................................................................... .............................18 4.1 2.6 Parks, Trails and Open Space .................................................................. .............................20 4.2 2.7 Planning Unit Master Environmental Design Plan .................................... .............................21 4.3 2.8 Construction .............................................................................................. .............................22 5. COOPERATION 2.9 Infrastructure Assurance .......................................................................... .............................22 5.1 2.10 Public Infrastructure Development Fee Credit; Reimbursement .............. .............................22 5.2 3. REGULATION OF DEVELOPMENT ...................................................................... .............................23 3.1 Regulation of Development ...................................................................... .............................23 3.2 Amendment .............................................................................................. .............................24 3.3 Changes to Zoning and Development Program ....................................... .............................24 3.4 Vested Rights ........................................................................................... .............................24 4. PROJECT GOVERNANCE .................................................................................... .............................25 4.1 Governance Entities ................................................................................. .............................25 4.2 Development Standards ........................................................................... .............................25 4.3 Design Guidelines .................................................................................... .............................25 5. COOPERATION AND ALTERNATIVE DISPUTE RESOLUTION ......................... .............................25 5.1 Compliance Reviews ................................................................................ .............................25 5.2 Agreement to Cooperate .......................................................................... .............................25 5.3 Default ...................................................................................................... .............................25 5.4 Dispute Resolution /Remedies .................................................................. .............................26 5.5 Prevailing Party ........................................................................................ .............................26 6. NOTICES AND FILINGS ........................................................................................ .............................26 6.1 Manner of Serving .................................................................................... .............................26 6.2 Mailing Effective ....................................................................................... .............................27 7. MISCELLANEOUS ................................................................................................. .............................27 7.1 Operations During Construction ............................................................... .............................27 7.2 Termination Upon Sale to Public .............................................................. .............................27 7.3 Termination Upon Completion of Development ....................................... .............................27 7.4 Mortgage Provisions ................................................................................. .............................27 8. GENERAL . .......................................................................................................................................... 28 8.1 Waiver ....................................................................................................... .............................28 8.2 Counterparts ............................................................................................. .............................28 8.3 Headings ................................................................................................... .............................28 8.4 Exhibits and Recitals ................................................................................ .............................28 8.5 Further Acts .............................................................................................. .............................28 8.6 Time of Essence ....................................................................................... .............................28 8.7 Successors and Assigns .......................................................................... .............................28 8.8 No Partnership; Third Parties ................................................................... .............................29 8.9 Entire Agreement ...................................................................................... .............................29 8.10 Construction .............................................................................................. .............................29 8.11 Names and Plans ..................................................................................... .............................29 8.12 Severability ............................................................................................... .............................29 8.13 Choice of Law ........................................................................................... .............................29 8.14 Recordation .............................................................................................. .............................29 8.15 No Developer Representations ................................................................ .............................30 8.16 Good Standing; Authority ......................................................................... .............................30 LIST OF TABLES Table 1 Project Density Allocation Summary Table 2 Estimate of Timing for Development of Each Planning Area Table 3 Mitigation — Constrained to Unconstrained Acres LIST OF EXHIBITS: Exhibit A Legal Description of the Property Exhibit B Spring Valley Planning Area Map Exhibit C Spring Valley Zoning Map Exhibit D Spring Valley Master Plan Exhibit D1 Big Gulch Planning Area Exhibit D2 Northern Residential Planning Area Exhibit D3 Southern Residential Planning Area Exhibit D4 Southwestern Residential Planning Area Exhibit D5 Highway Mixed - Use /Business Park Planning Area Exhibit E Conceptual Development Plan Exhibit F Master Phasing Plan Exhibit G Regional Circulation Plan Exhibit H Master Streets & Circulation Plan Exhibit I Master Parks, Trails and Public Facilities Plan Exhibit J Constrained Lands Exhibit K BLM Land Exchange Map Exhibit L Conditional Letter of Map Revision Exhibit M Grading Guidelines and Hillside Development Standards Exhibit N Habitat Mitigation Plan a DEFINITIONS "ACHD" is the Ada County Highway District. "ACHD Traffic System" is roadways under the jurisdiction of Ada County Highway District. "Additional Property" is all or any portion of real property now owned, or which may become owned, by Developer and which is adjacent to or proximate to the Property. "Agreement" is this Amended and Restated Development Agreement inclusive of all Exhibits, as may be amended from time to time. "Annexation and Rezoning Ordinances" includes City Ordinance No. 634 that duly annexed the real property described in the Original Development Agreement into City, which Ordinance 634 was: adopted by the City Council on November 10, 2009; was published on December 21, 2009; was recorded in the real property records of Ada County, Idaho, on November 19, 2009 as Instrument No. 109129735; and includes any and all Annexation and Rezoning Ordinances in connection with Additional Property. "Base Project Density" is the total gross residential density for the Project, as set forth in Table 1 (which equals 3,008 dwelling units), prior to application of Bonus Density provisions. "BLM" is the U.S. Bureau of Land Management. "BLM Lands" are the lands that are owned by the BLM in the area designated in the Eagle Comprehensive Plan as the "North Eagle Foothills Planning Area." "Bonus Density" is additional density allocated as set forth in section 1.4 below. "CC &Rs" are the Covenants, Conditions and Restrictions, that shall encumber the Property and which shall govern the Project through one or more Owners' Associations that shall establish quality control through the Property both during development and during maturing of the community. "City" is the City of Eagle, Idaho. "City BLM Lands" are the approximately 1,915 acres contained in the two BLM -owned parcels contiguous to the southern border of the Project that City has made application to acquire through long- term lease or purchase for the Eagle Regional Park, through the Federal Recreation and Public Purpose Act. "CLOMR" is the Conditional Letter of Map Revision, dated August 21, 2009, and revised on November 8, 2013, issued by FEMA signifying FEMA's intent to revise its floodway maps to remove areas from designated floodways, attached hereto as Exhibit N. "Community Center" is a site approximately 100 -150 acres in size with up to 350,000 square feet of Non - Residential Use and contains the highest density and greatest variety of uses and civic buildings of regional importance. A Community Center may have larger blocks; streets have uniform street tree plantings and buildings set close to the frontages. A Community Center may include a mix of office, retail, commercial, institutional, civic, residential, hotel and recreation uses. "Community Open Space" is land which is set aside for recreation, agriculture, habitat, vegetation, scenic or similar uses primarily to serve the Spring Valley community and as shown on Exhibit I. Community Open Space may be owned and maintained by an Owners' Association, a private landowner, or other entity. "Community Parle' is a park containing 8 or more acres that will include active and passive areas designed to serve the Spring Valley community. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 1 "Community Trail" is a public trail designed to serve Spring Valley. Some community trails will connect to Regional Trails and Open Space. "COMPASS" is the Community Planning Association of Southwest Idaho. "Constrained Lands" are those lands within the Property with slopes in excess of 25 %, lands within a FEMA- identified floodway, and lands defined as habitat areas of special concern as set forth on Exhibit J. "Date of Application" is the date Developer's applications to City for annexation, comprehensive plan amendment and rezoning in connection with the Property (collectively, the "Application ") were deemed complete by City. The Date of Application is August 23, 2006. "Developer" is M3 Eagle L.L.C., a Texas limited liability company, and all successors in title and interest to Developer who undertake development of the Property. "Development Plan" is the overall plan for the Project, which Development Plan is depicted on Exhibit E. "Development Rights" is development allowed to be undertaken by Developer in accordance with this Agreement. "Drainage System" is a drainage and flood control system and facilities for collection, diversion, detention, retention, dispersal, use and discharge of drain water. "EASD" is the Eagle Architecture and Site Design Book. "Eagle Comprehensive Plan" is Eagle's 2007 Comprehensive Plan, as may be amended from time to time. "Eagle Fire District" is the Eagle Fire Protection District. "Eagle Regional Park" is the lands City seeks to acquire from BLM (also referred to herein as "City BLM Lands "), which, when combined with land presently owned by Developer, as more fully provided herein, would comprise the Eagle Regional Park site, as depicted on Exhibit I. "FEMA" is the U.S. Federal Emergency Management Agency. "Fiber Optics Easement' is an easement within public streets for the installation, operation, and maintenance of any public or private fiber optics or telecommunications facilities, as described further herein. "Grading Guidelines and Hillside Development Standards" are those certain Grading Guidelines and Hillside Development Standards, approved by City for Spring Valley on November 24, 2009, in connection with Eagle City file number RZ -19 -6 MOD, and attached hereto as Exhibit L. "Habitat Mitigation Plan" is that certain Habitat Mitigation Plan, dated November 12, 2010, reviewed and provided with an adequacy statement by City's consultant and presented to City's Council on January 11, 2011, which Habitat Mitigation Plan is attached hereto as Exhibit M. "Hotel/Resort" is an establishment providing lodging, food and beverage services, meeting rooms, exercise and spa services and other related facilities. Hotel /Resort rooms are not considered residential dwelling units within the context of any density calculations or allowable densities set forth in this Agreement. "IDEO" is the Idaho Department of Environmental Quality. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 2 "IDFG" is the Idaho Department of Fish & Game. "IDWR" is the Idaho Department of Water Resources. "Irrigation System" shall be effluent (including reuse) or other systems used for storage, delivery and use of treated effluent on site, any water right or entitlement associated with ditch company shares, any surface water or ground water right (excluding Permit # 63 -32573 or any existing or future water rights held by the City) or any additional water right or permits that may be associated with irrigation, aesthetics, amenities, or Open Space purposes. Connection to the Water System shall be consistent with paragraph 2.2(a) of this Agreement. "ITD" is the Idaho Transportation Department. "ITD Traffic System" is roadways under the jurisdiction of Idaho Transportation Department. "Master Drainage Study" is that certain Preliminary Master Drainage Study, dated June 14, 2006, prepared for Developer, as may be amended from time to time. "Master Habitat Study" is that certain Final Habitat Study and Natural Features Analysis, dated June 2006, prepared for Developer, as may be amended from time to time. "Master Phasing Plan" is the phasing plan depicted on Exhibit F. "Master Traffic Study" is that certain Traffic Impact Study, dated June 26, 2006, prepared for Developer, as may be amended from time to time. "Master Wastewater Study" is that certain Preliminary Master Wastewater Study, dated June 14, 2006, prepared for Developer, as may be amended from time to time. "Master Water Study" is that certain Preliminary Master Potable Water Study, dated June 14, 2006, prepared for Developer, as may be amended from time to time. "Maximum Density" is the total maximum gross residential density for the Project as provided in this Agreement after application of Bonus Density provisions. The Maximum Density is approximately 1.19 dwelling units /acre or 7,160 dwelling units and 245 acres of Non - Residential Uses. "Maximum Planning Area Density" is the maximum gross residential density for each Planning Area as described on Table 1. "Mitigation" is the process of converting Constrained Lands to Unconstrained Lands by application of the: City- approved Grading Guidelines and Hillside Development Standards; the City - approved Habitat Mitigation Plan; and the CLOMR by FEMA. "Mortgage" is any lien placed upon the Project, or any portion thereof, including the lien of any mortgage or deed of trust, as a pledge of real property to a creditor as security for performance of an obligation or repayment of a debt. "Municipal Water Right Application" is that certain application dated November 22, 2006 and amended August 27, 2007 and filed by Developer with the Idaho Department of Water Resources. "Neighborhood Center" is a site approximately 40 -60 acres in size with up to 150,000 square feet of Non - Residential Use and may include higher density mixed -use building types. Neighborhood Centers are planned to accommodate local retail uses such as grocery stores; drug stores; restaurants; neighborhood service tenants; and golf clubhouses as well as civic, institutional, residential, hotel and recreation uses; and office uses for local and major employers. Neighborhood Centers may contain a tight network of streets, with wide sidewalks, uniform street tree planting and buildings set close to the frontages. The shape of Neighborhood Centers is subject to terrain, access, and other site variables. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 3 "Neighborhood Park" is a park containing 3 or more acres that will include active and passive areas designed to serve individual neighborhoods or a combination of neighborhoods within Spring Valley. "Neighborhood Trail" is a trail designed to serve a neighborhood or combination of neighborhoods and may connect to a Regional Trail, Community Trail, and Open Space. Neighborhood Trails may be public or private. "Non- Residential Use" may include retail and office related uses. Non - Residential Use does not include public and /or civic uses. "North Eagle Foothills Planning Area" is a planning area generally described in the Eagle Comprehensive Plan. "Open Space" is land which is set aside for recreation, agriculture, habitat, vegetation, scenic or similar uses. Open Space may be developed or natural and may include: (i) public and private parks, sports fields, and trails; (ii) golf courses; (iii) equestrian centers; (iv) vineyards and other agricultural lands; (v) landscape easements or common areas inside or outside of public rights of way; (vi) floodplains and floodways; (vii) the lesser of 50 percent of school sites or the area of playfields, (viii) scenic corridors; (ix) undeveloped hillsides; (x) wetlands, wildlife habitat, drainage areas, and unique or sensitive plant areas; and (xi) conservation easements or permanent open space on private lands or lots subject to deed restriction. Open Space may be publicly or privately owned and may be accessible or inaccessible to the public. The minimum Open Space within the Project shall be 20% of the Project area or 1,203 acres. The minimum amount of Open Space within any Planning Area shall be 15% of the total gross acres of the Planning Area. "Original Development Agreement" is that certain Pre - Annexation and Development Agreement, recorded in the real property records of Ada County, Idaho on December 27, 2007, as Instrument No. 107170114. "Owners' Association" is one or more non - profit entities created or to be created by Developer, that shall be responsible for, without limitation, the perpetual management of the Common Area, as such is defined in CC &Rs encumbering or to encumber the Property, which management is at the expense of the ultimate owners of the Project. "P & Z Commission" is Eagle City Planning & Zoning Commission. "Party or Parties" is, individually or collectively, the parties to this Agreement. "Planning Area(s)" are the five individual Planning Areas that make up Spring Valley as further depicted on Exhibit B and described in Exhibit(s) D, D1, D2, D3, D4 and D5, which exhibits elaborate on the planning goals and uses for the Property. "Planning Unit" is a distinct parcel of land, or combination of parcels within the Property that is linked to other Planning Units throughout the Property through an integrated circulation system and overall thematic character that defines the Project. "Planning Unit Developer" is the developer of all or a portion of a Planning Unit. "Planning Unit Master Plan (PUMP)" is the guide to development of all or a portion of a Planning Unit and includes, individually and collectively, a Planning Unit Master Land Use Plan, Planning Unit Master Drainage Plan, Planning Unit Master Street & Circulation Plan, Planning Unit Master Potable Water Plan, Planning Unit Master Wastewater Plan, Planning Unit Master Pressurized Irrigation Plan, Planning Unit Master Parks, Trails & Open Space Plan, Planning Unit Master Public Facilities Plan, and Planning Unit Master Environmental Design Plan applicable to a particular Planning Unit or portion thereof, and which is developed based on, and consistent with, the Project Master Plan. Planning Unit Master Plans can represent one or more phases within a Planning Area. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 4 "Project" is the approximately 6,017 acres located in Ada County, Idaho, legally described on Exhibit A, plus any Additional Property that may later be added to the Project, which Project includes the real property annexed into the City with the Annexation and Rezoning Ordinances, and also the real property annexed into the City with Ordinance No. 681, approved by the City Council on September 25, 2012 and published on October 1, 2012. The Project is also sometimes referred to herein as "Spring Valley" and /or the "Property." "Project Master Plan" is the guide to development of the Project as a whole and includes, individually and collectively, the Master Phasing Plan, Master Drainage Study, Master Street & Circulation Plan, Regional Circulation Plan, Master Water Study, Master Wastewater Study, Master Parks, Trails & Public Facilities Plan, and Master Habitat Study, all as may be amended from time to time. "Property" is the approximately 6,017 acres located in Ada County, Idaho, legally described on Exhibit A, plus any Additional Property that may later be added to the Project, which Property includes the real property annexed into the City with the Annexation and Rezoning Ordinances, and also the real property annexed into the City with Ordinance No. 681, approved by the City Council on September 25, 2012 and published on October 1, 2012. The Property is also sometimes referred to herein as "Spring Valley" and /or the "Project." "Public Infrastructure" is infrastructure facilities and services improvements, including, without limitation, on -site roads, sewer, water and irrigation facilities, pathways and underlying lands that are owned or to be owned by City or third -party public service providers. "Regional Hydrogeologic Study" is that certain Regional Hydrogeologic Characterization North Ada, Canyon and Gem Counties, Idaho, Year One Progress Report, dated May 4, 2007, which may be amended from time to time. "Regional Open Space" is land which is set aside for Open Space used by the general public and which is adjacent to or provides connection to large scale Regional Open Space within the North Eagle Foothills Planning Area and as shown on Exhibit I. Regional Open Space may be active (Regional Parks and Trails) or passive (hillside areas, conservation areas, picnic areas, agricultural and grazing areas, undeveloped tracts of land and similar areas). Regional Open Space may be owned and maintained by City, Owners' Association, land trust or conservation group, or other entity. "Regional Park" is a park containing 20 or more acres that will contain ball fields and other active areas to serve the entire North Eagle Foothills Planning Area and the City of Eagle. "Regional Trail" is a public trail that will serve the north foothills area and connect to public lands. "School District" is the Joint School District #2. "Sewer District" is the Eagle Sewer District. "Star Fire District" is the Star Joint Fire Protection District. "Term" is the duration of this Agreement as set forth herein. "Treatment Facility(ies)" is the sewage treatment facility and delivery system that also produces treated effluent to use for irrigation. "Unconstrained Lands" are those lands within the Property with slopes under 25 %, lands not within a FEMA- identified floodway, lands not defined as habitat areas of special concern as set forth on Exhibit J, or lands that were Constrained Lands at one time, but have undergone Mitigation. "Wastewater System" is a wastewater collection, storage, treatment, and disposal system to treat and dispose of wastewater generated at the Property that includes, without limitation, Treatment Facility(ies), major sewer lines and wastewater pumping stations, where required. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 5 "Water System" is a water production, storage, treatment, and delivery system to serve all municipal uses on the Property that includes, without limitation, wells, reservoirs, pumps, diversion structures, water transmission and distribution pipes and related plumbing, pump houses, well houses, water treatment facilities, water storage tanks, and meters, together with water rights currently consisting of Permit No. 63 -32573 authorizing the diversion and use of ground water for municipal purposes. "Zoning Administrator" is the administrator of the Eagle Planning & Zoning Department. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 6 AMENDED AND RESTATED DEVELOPMENT AGREEMENT THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT (this "Agreement ") is entered into by and between the CITY OF EAGLE, a municipal corporation organized and existing under the State of Idaho, by and through its Mayor ( "City") and M3 Eagle L.L.C., a Texas limited liability company ( "Developer") this _ day of , 2013. RECITALS A. Developer and City entered into that certain Pre - Annexation and Development Agreement, recorded in the real property records of Ada County, Idaho on December 27, 2007, as Instrument No. 107170114 (the "Original Development Agreement "), pursuant to the provisions of: Idaho Code, Sections 50 -222; 50 -301; 67 -6508; 67 -6511; 67 -6512; and 67 -6511 A; and Eagle City Code, Title 8, in order to facilitate the annexation, comprehensive planning, zoning designation, adoption of Annexation and Rezoning Ordinances and development of Property. Upon the recordation of this Agreement in the official records of Ada County, Idaho, the Original Development Agreement shall be null and void and of no further force or effect. B. On August 21, 2009, FEMA issued its Conditional Letter of Map Revision, which Conditional Letter of Map Revision was revised on November 8, 2013, and which Conditional Letter of Map Revision is attached hereto as Exhibit L. C. On October 27, 2009, City's Council unanimously approved RZ -19 -06 MOD to modify the Original Development Agreement to include the City- approved the "Grading Guidelines and Hillside Development Standards" applicable to Spring Valley, attached hereto as Exhibit M. D. On November 10, 2009, the City Council adopted Ordinance 634, which Ordinance 634 duly annexed into the City the real property described in the Original Development Agreement. Ordinance 643 was published on December 21, 2009. E. On November 12, 2010, the Habitat Mitigation Plan, previously reviewed and provided with an adequacy statement by City's consultant, was presented to City's Council on January 11, 2011, which Habitat Mitigation Plan is attached hereto as Exhibit N. F. On September 25, 2012, the City Council adopted Ordinance 681, which Ordinance 681 duly annexed into the City approximately ten (10) acres owned by Developer. Ordinance 681 was published on October 1, 2012. These ten (10) acres of Additional Property are hereby made subject to this Agreement. The real property described in the Original Development Agreement, plus such Additional Property, collectively, are legally described on Exhibit A (the "Property "). The Property comprises approximately 6,017 acres and is commonly known as "Spring Valley." G. The Original Development Agreement required Developer to provide City with development standards and design guidelines applicable to all development within Spring Valley. Such development standards and design guidelines have been incorporated into a new draft Eagle City Code Title 11, which City's Planning & Zoning Commission has recommended be approved by City's Council. Developer's consent to this Agreement is contingent upon City's adoption of Title 11 immediately following City's approval of this Agreement and the prompt publication of an ordinance adopting Title 11. H. Developer and City are entering into this Agreement for the purpose of providing assurances to City that the Property shall be developed substantially similar to the provisions provided herein, and for the purpose of providing assurances to Developer that Developer may proceed with the Development Plan substantially under the terms hereof. City and Developer shall act in good faith when undertaking their respective obligations and covenants contained herein. I. This Agreement shall promote and encourage the development of the Property by providing Developer and Developer's creditors with general assurances of Developer's ability to timely and economically complete development of the Project. The benefits to be received by City and AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 7 Developer pursuant to this Agreement and the rights granted by City and secured to Developer hereunder constitute sufficient consideration to support the covenants and agreements of City and Developer. City recognizes and acknowledges that Developer might be subject to substantial liability if City were to default in City's obligations in connection with this Agreement. J. The development of the Property, which is a largely vacant area lacking in necessary Public Infrastructure, requires the construction of substantial Public Infrastructure early in the development process, which Public Infrastructure may provide regional as well as local benefits. K. The zoning designation of R -1 -DA contained in the Annexation and Rezoning Ordinances is the appropriate zoning designation for the Property and, as subject to this Agreement, is designed to establish proper and beneficial land use designations and regulations, densities, provisions for Public Infrastructure, design regulations, procedures for administration and implementation and other matters related to the development of the Property. L. Prior to the date hereof, all duly noticed and necessary meetings and public hearings have been held and City has received public comment and has otherwise duly considered all such matters in connection with this Agreement. M. The terms and conditions of this Agreement have undergone extensive review by City and have been found to be fair, just and reasonable and City concludes that the public health, safety and welfare of City's citizens shall be best served by entering into this Agreement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and agreed, and in consideration of the recitals and definitions above, which are incorporated below, and in consideration of the premises and the mutual representations, covenants and agreements hereinafter contained, City and Developer represent, covenant and agree as follows: 1. MASTER PLANS; PLANNING UNIT PLANS. 1.1 Conditions of Development. Developer shall develop the Property subject to the conditions and limitations set forth in this Agreement. Further, Developer shall submit such applications regarding design review, preliminary and final plat reviews, condominium plat reviews, PUD and /or any conditional use permits, as and if applicable, and any other applicable applications as may be required by Title 11 of Eagle City Code, except as otherwise provided within this Agreement. 1.2 Planned Development. Developer shall be authorized to implement the types of uses, densities and intensities of uses as set forth in this Agreement and shall be accorded all approvals necessary to permit Developer to implement this Agreement, subject to City's review and reasonable approvals described herein, including, but is not limited to the following: Planning Unit Master Plans, site plans, subdivision plats, grading plans, construction plans and other similar requests in accordance with the notice and hearing procedures of Title 11 of Eagle City Code; provided, however, in the case of any conflict between Title 11 and this Agreement, the terms of this Agreement shall control. City hereby authorizes Developer to include in Planning Unit Master Plans the types of uses that are the same as or similar to (as reasonably determined by City's Zoning Administrator), and densities and intensities of uses equal to or less than, those set forth in this Agreement and /or Title 11. Development of the Property may include, without limitation, the planning, design, engineering, construction, acquisition, installation, and /or provision of improvements of any sort or nature, including private infrastructure and Public Infrastructure related to development of the Property, whether located within or outside the Property. City, having exercised City's discretion in approving this Agreement, shall cooperate reasonably in administratively - processing the approval or issuance of such permits, plans, specifications, plats and /or other development approvals of or for the Property as may be requested by Developer in order to implement the Project, and which are reasonably consistent with this Agreement. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 8 1.3 Mitigation. Developer has established, and City has approved, the Grading Guidelines and Hillside Development Standards, the Habitat Mitigation Plan and the CLOMR. Through the application of such documents, Developer can convert Constrained Lands to Unconstrained Lands for development. 1.4 Planning Concept. The Project consists of approximately 6,017 acres. The Project is a comprehensive master planned community planned to provide a variety of housing, jobs, recreational, educational, equestrian, wildlife, Open Space and cultural opportunities integrated into City. In addition, in keeping with City's resolution to promote viticulture in the City of Eagle, City encourages the development of vineyards, viticulture industries and services and associated hospitality and tourism uses in or associated with the Project. Developer shall be entitled to investigate the opportunities for establishing vineyard and viticulture industries and services and associated hospitality and tourism uses on the Property, which vineyards and /or viticulture industries and services and associated hospitality and tourism uses may be located in any Planning Area. City encourages Developer's efforts to establish vineyards and to obtain suitable water rights or supplies for irrigating vineyards. The Project is planned for a Base Project Density of 0.5 units per gross acre, or 3,008 dwelling units, and 245 acres for Non - Residential Use. Through the application of the Bonus Density provisions, the Maximum Density may be increased up to 1.19 units per gross acre, not to exceed 7,160 dwelling units, and 245 acres for Non - Residential Use. In the event that any of the Non - Residential Use lands within a Planning Area are developed as residential, Developer may allocate any unused acres for Non - Residential Use to another Planning Area as provided in this section 1. In the event Additional Property is annexed the process is set forth in this section 1. Bonus Density is achieved at the time of City's approval of any PUMP as follows: ■ 2.5 units for each acre of a Community Center shown on such City- approved PUMP. ■ 10 units for each acre of a Neighborhood Center shown on such City- approved PUMP. ■ 1 unit for each acre of Regional Open Space shown on each City- approved PUMP and cumulatively for all prior City- approved PUMPs over and above the 20% Open Space minimum requirement not to exceed 1,250 units. ■ 0.5 units for each acre of Community Open Space shown on each City- approved PUMP and cumulatively for all prior City- approved PUMPs over and above the 20% Open Space minimum requirement. ■ 10% of the total units for a Regional Open Space funding mechanism as described further in Section 2.6(f) herein. To achieve Bonus Density in a PUMP, there must be a minimum Open Space of 20% in such PUMP, which Open Space shall be first calculated using Community Open Space. Bonus Density shall be re- calculated upon the submittal of each PUMP and /or plat. Spring Valley is being planned as five different Planning Areas, as set forth in Exhibit B and Exhibit(s) D, D1, D2, D3, D4 and D5; the density allocation planned for each Planning Area is summarized in Table 1 below. Each Planning Area represents a unique design based upon: (i) topography; (ii) location within the Development Plan; (iii) existing and planned transportation corridors; (iv) a balance of commercial, employment and residential uses to promote trip capture within the Project; (v) a wide array of housing and employment options to create a live /work environment; (vi) regional and community Open Space; and (vii) dedication or donation of public facility sites for schools, police and fire, library, parks, public and civic uses. Within all Planning Areas a minimum of 50% of all dwelling units, and 65% of all single - family detached lots less than 5,000 square feet, and 50% of all single - family detached lots less than 8,000 square feet shall abut some form of Open Space. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 9 The following Table 1 is an illustration of how the Bonus Density provisions may be applied used to reach the Maximum Density. The Bonus Density provisions may be applied, without limitation, so long as the Maximum Density and Maximum Planning Area Density are not exceeded. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 10 Table 1: Project Summary Planning Areas South - Northern Southern western Highway Spring Valley Big Gulch Residential Residential Residential Mixed Use Total Acreage 6017 636 2760 2114 419 88 Residential 5772 536 2720 2114 402 - Maximum Non - Residential 245 100 40 - 17 88 Open Space (Acres) Minimum Open Space (15 %) per 1 Planning Area 902 95 414 317 63 13 Required Open Space for Spring Valley (20 %) - Acres 1203 Total Open Space Goal for Spring Valley (40 %) - Acres 2406 Density (unitstacre) Base Density 1 (Density & Units) 3008 0.5 318 0.5 1380 0.5 1057 0.5 209 0.5 44 Bonus Density —Open Space Community Open Space (0.5 unit per acre above 20% requirement throughout Spring Valley) (Acres & Units) 322 161 Regional Open Space (1.0 unit per acre above 20% requirement throughout Spring Valley) (Acres & Units) 880 880 SUBTOTAL UNITS 4049 Bonus Density - Centers AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 10 1.5 Master Phasing Plan. The development planned for the Property, including the Public Infrastructure, is contemplated to progress in phases (that may be non - contiguous) and accomplished over an estimated 20 years as described in the Master Phasing Plan for the Project attached as Exhibit F. The 20 -year estimate is based on the COMPASS model, however, Project build -out may occur sooner based on the historical growth within Eagle. The Master Phasing Plan is designed to accommodate the development of the Property from the west to the east, which will initially concentrate the movement of traffic toward State Highway 16. The Master Phasing Plan may be modified by Developer based upon changing residential and Non - Residential Use real estate market conditions, industry factors, and /or business considerations and the subjugation of Additional Property to this Agreement. The exact boundaries of each phase shall be established in the Planning Unit Master Plan process set forth in this Agreement. Any such modification(s) shall not necessitate a formal amendment to this Agreement, but shall be retained in City's official file for the Property. The following table is an example of the timing for each phase of development using the COMPASS growth model: Table 2: Estimate of Timing of Development for Each Planning Area Table 1: Project Summary Planning Area Planning Areas 1 Southwestern, Northern 2014 2 Northern, Big Gulch South - 3 Northern, Big Gulch, Highway 2021 I Northern Southern western Highway 2031 Spring Valley Big Gulch Residential Residential Residential Mixed Use Community Center (2.5 unitstacre) (Acres & Units) 88 220 88 220 Neighborhood Center (10 units/acre) (Acres & Units) 240 2240 120 1200 so 800 24 240 SUBTOTAL UNITS 6509 1548 2331 1917 449 264 Bonus Density —Open Space Funding Mechanism (10 %) - Units 651 TOTAL UNITS 7160 Maximum Planning Area Density Maximum Planning Area Density 1 1 1 (Density & Units) - 5.24 3335 2.14 5917 .96 2109 1.07 450 5.68 500 1.5 Master Phasing Plan. The development planned for the Property, including the Public Infrastructure, is contemplated to progress in phases (that may be non - contiguous) and accomplished over an estimated 20 years as described in the Master Phasing Plan for the Project attached as Exhibit F. The 20 -year estimate is based on the COMPASS model, however, Project build -out may occur sooner based on the historical growth within Eagle. The Master Phasing Plan is designed to accommodate the development of the Property from the west to the east, which will initially concentrate the movement of traffic toward State Highway 16. The Master Phasing Plan may be modified by Developer based upon changing residential and Non - Residential Use real estate market conditions, industry factors, and /or business considerations and the subjugation of Additional Property to this Agreement. The exact boundaries of each phase shall be established in the Planning Unit Master Plan process set forth in this Agreement. Any such modification(s) shall not necessitate a formal amendment to this Agreement, but shall be retained in City's official file for the Property. The following table is an example of the timing for each phase of development using the COMPASS growth model: Table 2: Estimate of Timing of Development for Each Planning Area Phase Planning Area Projected Start Date 1 Southwestern, Northern 2014 2 Northern, Big Gulch 2015 3 Northern, Big Gulch, Highway 2021 4 Northern, Southern, Big Gulch, Highway 2026 5 Northern, Southern, Big Gulch, Highway 2031 1.6 Planning Unit Master Plan (PUMP). Each Planning Unit Master Plan shall be based on the Planning Area plans set forth in Exhibit(s) D, D1, D2, D3, D4 and D5 and the Conceptual Development Plan set forth in Exhibit E. The Conceptual Development Plan will be updated when necessary to reflect modifications or to refine phasing within the respective Planning Unit Master Plans. It is not necessary for Planning Unit Master Plans to encompass the same geographical area as a Planning Area. A Planning Unit Master Plan should reflect the area within the Project that the Planning Unit AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 11 Developer is proposing to subdivide. The Planning Unit Master Plan may address a portion of one or more Planning Area(s) or Planning Unit(s), a complete Planning Area or Planning Unit, and /or more than one Planning Area or Planning Unit. The Planning Unit Master Plan shall be filed with the Zoning Administrator for review as to completeness and compliance with the application requirements of Title 11 of Eagle City Code and this Agreement. Thereafter, the Planning Unit Master Plan shall be reviewed by the Planning & Zoning Commission for recommendation to City Council in accordance with the notice and hearing procedures of Title 11 of Eagle City Code. If the Planning Unit Master Plan is substantially in conformance with this Agreement and Title 11 of Eagle City Code, the Planning & Zoning Commission and City Council shall not unreasonably withhold approval. 1.7 Allocation; Density. This Agreement provides for a Maximum Density of 1.19 units /acre, or 7,160 dwelling units, as provided in section 1.4 of this Agreement, and a maximum of 245 acres of Non - Residential Uses within the Property. The number of dwelling units shall not exceed 7,160 dwelling units for the entire Project unless Additional Property is annexed into City and made subject to this Agreement. Developer shall also have the right to allocate residential density and /or Non - Residential Use acreage, and the Development Rights associated with such residential density and /or Non - Residential Use acreage, from Planning Area(s) or Planning Unit(s) to other Planning Area(s) or Planning Unit(s) at any time, and Developer may allocate any unused residential density or Non - Residential Use acreage originally allocated to a Planning Area or Planning Unit to another Planning Area or Planning Unit in the event that the preliminary or final platting of a Planning Area or Planning Unit results in unused residential density and /or unused Non - Residential Use acreage, provided such allocation: (i) does not exceed the Maximum Planning Area Density; (ii) does not exceed the Maximum Density for the Property; (iii) does not exceed the maximum Non - Residential Use acreage allowed for the Property; (iv) does not allow a use otherwise prohibited; or (v) cause a material change to this Agreement without prior amendment to this Agreement and compliance with the notice and hearing requirements of Title 11 of Eagle City Code. The allocation of residential density and /or Non - Residential Use acreage between Planning Areas and Planning Units is consistent with City's planning efforts to encourage planning flexibility based on physical and market conditions while protecting private property rights. Developer shall deliver notice to City that an allocation of residential density or Non- Residential Use acreage shall be made from one Planning Area or Planning Unit to another Planning Area or Planning Unit and shall provide City with a statement of the number of residential units per gross acre and /or Non - Residential Use acreage being allocated. Any such allocation shall not necessitate a formal amendment to this Agreement, but shall be retained in City's official file for the Property. 1.8 Additional Property. Additional Property may be included into Spring Valley, thus providing for Spring Valley's expansion in area. Such Additional Property does not need to be contiguous to the Property but must be located in the North Eagle Foothills Planning Area. In the event Developer owns or acquires Additional Property which is not subject to this Agreement and desires to subject such Additional Property to the benefits and obligations of this Agreement, Developer may request that City annex the Additional Property into the corporate boundaries of City (if such Additional Property is not already within City's corporate boundaries). Upon such request, the Parties will commence annexation proceedings for such Additional Property. Concurrently with the annexation application in connection with such Additional Property, Developer shall apply to City for any necessary land use zoning approvals for the Additional Property consistent with this Agreement, including any necessary amendment to this Agreement. Such amendment to this Agreement may include, without limitation: alternative plans and land use designations; additional residential density and /or Non- Residential Uses and intensities of such Additional Property; such additional residential density and /or Non - Residential Uses of such Additional Property may increase the Maximum Density of the Project (including the Additional Property) and alter other development parameters in connection with the Project (including the Additional Property); and residential density and /or Non - Residential Use acreage, and the Development Rights associated with such residential density and /or Non - Residential Use acreage, may be allocated from existing Planning Areas or Planning Units to the Additional Property, and vice versa, in the manner set forth in this Agreement. AMENDED AND RESTATED DEVELOPMENT AGREEMENT -12 1.9 Term. The term of this Agreement commenced on the date of publication of the Annexation and Rezone Ordinances, which date is December 21, 2009, and shall automatically terminate on the 301h anniversary of such date (that is, December 21, 2039) without the necessity of any notice, agreement, or recording by or between the Parties (the "Term "). However, if any of the Property has not yet been developed as contemplated by this Agreement before December 21, 2039, the Term shall automatically extend, without the necessity of any notice, agreement, or recording by or between the Parties, for an additional 10 years, for a total of 40 years (that is, December 21, 2049), at which time this Agreement and the Term shall automatically terminate as to the Property without the necessity of any notice, agreement, or recording by or between the Parties. If Developer has proceeded in good faith but has been prevented from developing the Property, in whole or in part, during the Term by circumstances beyond Developer's control, including, without limitation, judicial injunctions, inclement weather, delays due to strikes, inability to obtain materials, civil commotion, terrorism, fire, acts of God, or delays caused by City, or other local, state or federal agencies, the Term shall be extended for an additional period of time equal to the period of such delay(s). Nothing in this Agreement shall be interpreted to preclude the Parties from extending the Term by mutual agreement or from entering subsequent development agreements or extensions thereof. 2. INFRASTRUCTURE AND SERVICES. The Parties acknowledge that a general intent of this Agreement is for Developer to provide for its proportionate share of the Public Infrastructure which will be set forth by coordinated planning, design, engineering, construction, acquisition, installation, and /or provision of Public Infrastructure as contemplated by the Planning Unit Master Plan process and as otherwise described herein. Various public facilities and services as identified in this Agreement and to be identified in the Planning Unit Master Plan(s) shall be sited, provided, maintained and operated in accordance with this Agreement or in accordance with separate agreements with other governmental or quasi - governmental entities. City and Developer recognize that a proportionate share of the costs associated with the development of the Property and Public Infrastructure shall be borne by Developer and third -party owners of Property within the development and that many necessary elements of Public Infrastructure should be provided and /or maintained by other governmental or quasi - governmental entities, and not by City, and that Developer may enter into separate agreements with such other entities. For clarification, the Parties make specific note of and acknowledge the following: 2.1 Traffic & Circulation. (a) Ada County Highway District; Idaho Transportation Department. Improvements to the ACHD and /or ITD Traffic System, as applicable, within the Project shall be provided at the direction of ACHD, ITD or some other legally- constituted entity with jurisdiction over the ACHD Traffic System and /or the ITD Traffic System. Unless City has such jurisdiction, City shall not be responsible for any approvals or access permits required or construction or maintenance costs associated with the ACHD Traffic System and /or the ITD Traffic System, within the Project. (b) Regional Circulation Plan; Master Traffic Study; Master Streets & Circulation Plan. Conceptual locations of major roadways within the Property and the North Eagle Foothills Planning Area are provided in the Regional Circulation Plan, attached hereto as Exhibit G. Developer is working with City, ACHD, ITD, BLM and adjacent property owners to adopt a regional roadway network plan to serve as a template to guide the Master Streets & Circulation Plan, to be developed based on the Master Traffic Study, the Planning Unit Master Plans and construction of the arterials generally along the alignments shown in the Regional Circulation Plan or as determined by the agency having jurisdiction. Developer will work with the aforementioned agencies and others to determine the appropriate funding mechanisms to provide future funding to mitigate the proportionate impact of the development of the Property on the existing ACHD Traffic System and /or ITD Traffic System. Developer and City shall cooperate to achieve approval by ITD and /or ACHD of the circulation interrelationship between the ACHD Traffic System and the ITD Traffic System, such as the location of highway interchanges and /or roundabouts, as reflected in the proposed Master Streets & Circulation Plan AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 13 attached hereto as Exhibit H. The western primary entry may be proposed as an interchange or roundabout on State Highway 16. (c) ACHD Traffic System. Developer, with consultation with ACHD, will design, engineer, construct, acquire, install, permit and dedicate the ACHD Traffic System within and /or proportional to the Project's impacts in accordance with the Master Streets & Circulation Plan, Planning Unit Master Streets & Circulation Plans and the Phasing Plan and all planning and study documents of ACHD. (d) ITD Traffic System. Developer, with consultation with ITD, will design, engineer, construct, acquire, install, permit and dedicate the ITD System within and /or adjacent and/or proportional to the Project's impacts in accordance with the Master Streets & Circulation Plan, Planning Unit Master Streets & Circulation Plans and Phasing Plan and all planning and study documents of ITD. City and Developer shall cooperate in pursuit of funding from or authorized by the State of Idaho for the construction of Developer's proportionate share of necessary improvements to the ITD System (which improvements may include, without limitation, interchanges, roundabouts, traffic signals, turning lanes and frontage roads) required to implement this Plan. (e) Planning Unit Master Streets & Circulation Plan. A detailed analysis of the ACHD Traffic System within the Project and the ITD Traffic System within and /or adjacent to the Project and the ultimate design and locations of streets and circulation improvements shall be consistent with the Master Streets & Circulation Plan and further defined in each Planning Unit Master Streets & Circulation Plan, which analysis shall be submitted and approved by ACHD and /or ITD, as appropriate. Each Planning Unit Master Streets & Circulation Plan shall be prepared by Developer and approved by City taking into account the Master Streets & Circulation Plan, and any amendments thereto and the recommendations of ACHD and /or ITD, as applicable. Each Planning Unit Master Streets & Circulation Plan shall address any increase or decrease in traffic volumes from other Planning Unit Master Plans and the particular Planning Unit being planned that may occur as development progresses and densities and intensities are rearranged. (f) Phased Construction. Developer and /or ACHD and /or ITD shall construct or arrange for the construction of, in phases, and in accordance with the Master Streets & Circulation Plan and the Planning Unit Master Streets & Circulation Plan: streets, roadways and sidewalks to be used for motorized vehicular traffic for ingress and egress to, through, within and from the Project; parking; pedestrian, bicycle and /or other facilities to be used for non - motorized vehicular traffic for ingress and egress to, through, within and from the Property; street lighting with underground electric service distribution; all striping, traffic signals, street sign posts, street name signs, stop signs, speed limit signs, and all other directional /warning /advisory traffic signage as may be reasonably required. City shall not issue certificates of occupancy for any phase prior to on -site roads being constructed to the capacity required for full build -out of that phase in accordance with the applicable final plat or approved improvement plans. (g) Private Roads. All private roads and /or rights -of -way within the Property shall be constructed by Developer to ACHD and /or ITD, as applicable, standards and maintained by Developer and /or an Owners' Association. Developer reserves the right to seek approval to limit access through access control structures, to private roads within the Property, and to determine the location of curb cuts, provided a qualified engineer determines that their location does not present a significant hazard. Developer shall have the right to retain ownership of private roads and /or rights -of -way. Some or all of private roads and /or rights -of -way may be conveyed to one or more Owners' Associations. Developer may seek City approval to install access control structures within the medians of the private roads and /or rights -of -way at any portion of the Property. Developer shall grant to the appropriate service providers license for police, fire, ambulance, garbage collection, water or sewer line installation and repair, and other similar public purposes, over such private roads and /or rights -of -way. Application for private streets shall be made to City as allowed under Title 11 of Eagle City Code at the same time as a preliminary plat application is filed which includes one or more private road(s). AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 14 (h) Fiber Optics Easement. Developer shall reserve, prior to dedication to ACHD and /or ITD, as applicable, in any public street on the Property, a non - exclusive Fiber Optics Easement reasonably acceptable to Developer and ACHD and /or ITD as applicable. Such facilities may connect to facilities external to the Property. Developer shall have the exclusive right to select providers of fiber optics and telecommunications services in connection with the Project. 2.2 Water. (a) Water Provider. An addition to City's Water System shall be constructed by Developer sufficient to serve the Project. The Water System shall include, without limitation, all water rights, wells, pumps, distribution and service mains and lines, meters, electrical equipment, storage tanks or reservoirs, emergency back -up generators, and related facilities necessary to divert, treat, deliver and account for water used by Developer and customers within the Project, together with all easements and rights -of -way sized to construct, operate, maintain, upgrade, repair and replace such facilities. The Water System shall not include the Irrigation System as defined in paragraph 2.2(g) of this document. However, the City may allow the Water System to supply water for Irrigation uses so long as any physical connection to the Water System is approved by City and Developer has shown no other surface water right is available. Developer shall convey the Water System to City as reasonably directed and approved by City in portions or phases as such portions are constructed, tested and put into operation to serve an area within the Project (a "Completed Portion "). As each Completed Portion of the Water System has been approved and accepted in writing by City, City shall be responsible for the operation and maintenance of such Completed Portion of the Water System. The City may allow connection to the City -owned water system in Spring Valley if it is deemed in the best interest of the City. City shall provide water service to the Property from the Water System on the same basis as City provides water to other residents and businesses in the City of Eagle under ordinances in place at the time of this Agreement; provided, however, City shall establish fees, for the costs of considerable special or reserve equipment and significant unique costs (such as Monitoring Plan costs) necessary to operate the Water System, which are different from and may have exceptions to the regularly published water rates, rules and regulations. City shall be under no obligation to provide service that requires special or reserve equipment or significant unique costs unless there is a special contract for the payment of these costs which shall be in writing between the Parties and approved by the City Council. Such special contracts shall be timely executed in order to avoid undue delay of the project. (b) Municipal Water Right; Monitoring Plan. Pursuant to that certain Assignment of Application and Permit dated and filed with IDWR on June 13, 2011, which remains in effect and is applicable to this Agreement, Developer has conveyed to City ground water right no. 63 -32573 (the "Municipal Water Right "), which is to be used to provide municipal water service to the Project for all of its municipal uses, including without limitation irrigation, storage, residential, commercial, industrial, and other municipal uses. The Municipal Water Right requires ground water monitoring in accordance with its Attachment B, which is a March 17, 2011 Technical Memorandum setting forth a water level /water production monitoring and reporting plan (the "Monitoring Plan "). Developer has been implementing the Monitoring Plan and is responsible for all costs of implementing the Monitoring Plan until a Completed Portion is conveyed to City. As Completed Portions are conveyed to City, City shall be responsible to pay its proportionate share of the total Monitoring Plan costs , its share being calculated as follows: total Monitoring Plan costs (A); multiplied by the results of the number of connections to the Water System by a "customer(s)" or "user(s)" as defined by Eagle City Code Title 6 Chapter 5 (B); divided by the total Project residential density of 7,160 dwelling units (C). (A x (B _ C)). Nothing in this Agreement, or action taken pursuant to this Agreement, shall be deemed to convey or grant any interest in the Municipal Water Right to Developer. (c) Water System Construction. Developer shall design, engineer, construct, install, permit and then convey the Water System to City in accordance with the terms of this Agreement and any applicable City- approved Planning Unit Master Plan(s) and applicable federal, state and local laws and ordinances. In designing and constructing the Water System, Developer shall consult regularly with City and construct the Water System to City's standards. The location and construction of the Water AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 15 System components shall comport with the phasing of the Project's development. As part of the conveyance of the phase or portion of the Water System to City, Developer shall provide City with all applicable as -built drawings, operation and maintenance manuals, operation records, and water right records and other necessary information for City to operate and maintain the Water System. (d) Assured Water Supply. Developer has represented the Municipal Water Right provides an entitlement to divert adequate ground water to serve municipal uses for the Project. City agrees not to use the Municipal Water Right on properties outside of the Project unless City has adequate water to serve such other properties and the Project, and City completes any necessary proceedings before IDWR for such purpose. If the quantity of water authorized under the Municipal Water Right, as defined above, is inadequate to serve the Project's municipal water demands, City and Developer shall meet to evaluate other alternative sources of supply, including temporary source(s) of supply, to provide an additional supply of water for the Project. Except as expressly provided for herein, City will be the exclusive municipal water service provider for the Project. (e) Reimbursement. If Developer, at Developer's cost and expense, constructs water facilities, such as production wells, water storage tanks or reservoirs, emergency back -up generators, and similar facilities (but excluding local service and distribution lines) for the Project, which reasonably have been determined by City to benefit properties other than the Property, or if City requires Developer to develop a portion of the Water System in excess of that necessary to serve the Project so as to allow City to serve other properties, City and Developer shall, in good faith, enter into an agreement to the effect that the portion of the costs attributable to such construction shall be reimbursed to Developer from the service connection charges collected from those benefited property owners who otherwise have not paid or contributed their proportionate share toward development of the Water System ( "Water Reimbursement Agreement "). Each such Water Reimbursement Agreement shall establish a reimbursement period (commencing as soon as practicable following completion of the portion of the Water System for which reimbursement is sought) with such duration to be mutually agreed between Developer and City, which period shall be reasonably estimated to allow for reimbursement and shall be, in no event, less than fifteen years. Such Water Reimbursement Agreement shall provide, in part, that: (i) interest be paid to Developer at the then applicable municipal bond rate; (ii) City shall charge an administrative fee for handling the accounting, auditing, and payment of the reimbursement payments to be made to Developer; (iii) the Water Reimbursement Agreement shall be binding on Developer and City and their respective successors and assigns; and (iv) the Water Reimbursement Agreement may be recorded as an encumbrance against the benefited property(ies). (f) Water User Charges. When Developer has constructed and conveyed the Completed Portion(s) of the Water System to City pursuant to this section, City shall provide water service to the Property, or those parts of the Property served by a Completed Portion, in quantity and quality sufficient to satisfy the municipal water needs of the Project as and when required in connection with the development of the Property, subject to any water disruption or degradation of water quality or quantity that is outside the control of City and further subject to City's reasonably- enacted and imposed standard terms and conditions for delivery. All water service using the Water System shall be metered. (g) Irrigation and Related Uses. The Irrigation System shall be effluent (including reuse) or other systems used for storage, delivery and the use of treated effluent on site, any water right or entitlement associated with ditch company shares, any surface water or ground water (excluding Permit # 63 -32573 or any existing or future water rights held by the City) or any additional water right or permits that may be associated with irrigation, aesthetics, amenities, or open space purposes. Connection to the Water System shall be consistent with paragraph 2.2(a) of this Agreement. Developer may provide additional water rights or entitlements for use on the Project, through Developer's own system or otherwise, for irrigation, aesthetic, amenity and /or Open Space use not served by the Water System within the Project, and shall make best efforts to provide for these uses with surface water, such as Farmers Union Canal Company or Re -Use Water or existing irrigation wells on the Property that are not part of the Water System. The method of providing water for irrigation uses shall be at the discretion, and under the control, of Developer so long as an adequate system and source of supply is provided, including a source of supply consistent with Sections 2.2(a) and 2.3 below. Any irrigation system shall meet the requirements of Eagle City Code Title 11. If Developer so requests, City will give good faith consideration to establishing a city AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 16 irrigation system pursuant to Title 50, Chapter 18, Idaho Code, or otherwise, to deliver irrigation water to the Project. If City decides not to establish a city irrigation system, Developer may establish or contract with an irrigation or other special district, a canal company, or similar entity to sere the Project's irrigation needs consistent with the provisions of this Section. Nothing in this section shall limit water delivery from City to Developer at a wholesale rate during those times when such water is available under the Municipal Water Right if it is not needed to sere other municipal water needs in the Project, and Developer has not yet constructed the facilities or generated the re -use or other irrigation water necessary to sere such needs. 2.3 Wastewater Treatment and Disposal. (a) Eagle Sewer District. Sanitary sewer collection, treatment and disposal shall be provided by Sewer District or some other legally constituted public or private provider allowed to operate in City. Developer agrees to annex to Eagle Sewer District and further agrees not to seek other sewer treatment services unless or until Eagle Sewer District refuses to sere the Project. City shall not be responsible for any treatment, maintenance or costs associated with sanitary sewer collection, treatment and disposal in connection with the Project. (b) Master Wastewater Study; Master Wastewater Plan. Developer has completed the Master Wastewater Study and Master Wastewater Plan which has been submitted to Eagle Sewer District for approval. The Master Wastewater Plan, to be developed based on the Master Wastewater Study provides general locations of the major wastewater infrastructure needed to provide service for the Property. (c) Assured Treatment Facilities. Concurrently with the submittal of a preliminary plat, Developer shall submit engineering report(s) describing the Wastewater System which shall evidence the adequacy of the Wastewater System to satisfy all proposed uses in connection with the development of such Planning Unit or portion thereof. A letter of approval shall be provided to City from the Eagle Sewer District, Idaho Department of Environmental Quality and /or Central District Health, and /or other applicable governmental agency, prior to issuance of any certificate of occupancy as required by law. (d) Re -use Water. Developer shall retain, for irrigation, irrigation and aesthetic storage, recreational or aquifer recharge purposes, all rights, title and interest in any and all water discharged from any wastewater system Developer constructs or uses for the Project ( "Re -use Water "). City disclaims any rights, title and interest in the Re -use Water and acknowledges that Developer will be using Re -use Water for, without limitation, irrigation of its Open Space and potentially recharging the aquifer, both of which uses will be subject to applicable governmental agency approvals; provided, however, that no use of Re -use Water shall be used to protest or curtail any City water right, application, permit, license or decree. 2.4 Storm Water Drainage. (a) Ada County Highway District. Post - development storm water management includes drainage collection, diversion, detention, retention, dispersal, use and discharge, which shall be provided by ACHD or some other legally- constituted public or private provider allowed to operate in City and having jurisdiction over the Drainage System. Unless City has such jurisdiction, City shall not be responsible for any approval, construction, collection, conveyance or maintenance costs associated with the Drainage System within the Project. (b) Master Drainage Study; Master Drainage Plan. Developer shall complete the Master Drainage Plan, based on the Master Drainage Study to describe pre - development drainage characteristics of the Property and a conceptual hydrologic and hydraulic analysis of the Property's existing and proposed Drainage System. In connection with such Master Drainage Plan, Developer determined the applicable 100 -year floodway elevations for the Property and shall obtain from FEMA a Conditional Letter of Map Revision ( "CLOMR ") that adjusts the floodway boundaries. City shall use all AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 17 good faith efforts to cooperate with Developer in connection with any of Developer's applications to FEMA to modify relevant flood maps to reflect actual conditions. (c) Assured Drainage. In connection with each Planning Unit Master Drainage Plan, concurrently with the submittal of a preliminary plat, Developer shall submit evidence that the Drainage System is or shall be adequate to satisfy all proposed uses in connection with the development of such plat. (d) Drainage Re -use. Developer shall retain all rights, title and interest in any and all drainage water on the Property for or for aquifer recharge. City acknowledges that Developer may be using drainage water for irrigation of Open Space and potentially recharging the aquifer, which use will be subject to applicable governmental agency approvals. 2.5 Public Facilities. (a) Police. City shall provide police protection services to the Property as developed on the same basis as is provided to other residents and businesses within City. Developer shall contribute 1 site (not to exceed 1 acre) for the construction of a police station in accordance with the Master Parks, Trails and Public Facilities Plan, attached as Exhibit I, which defines a general location. Such site may be combined with a fire station site, if feasible. After Developer and City consultation with City's police chief and Fire District, the final location is subject to Developer and City approval. Such police station shall be identified on the applicable Planning Unit Master Plan or portion thereof. Developer shall cooperate with City in determining Developer's proportionate share of funds in connection with construction of such site, facility equipment, personnel and operations, but not to exceed $1,000,000.00 unless Developer's proportionate share exceeds such monetary amount, said additional amount shall be paid by Developer (the "Police Fees "); provided however, City and Developer acknowledge and agree that such Police Fees paid in connection with non - capital improvements are intended to be and shall be a one -time payment meant to cover that initial period of time when ad valorem taxes have not yet been collected to cover the costs of such non - capital improvements. Any contribution by Developer shall be contingent upon: (i) review and approval of construction; (ii) 180 days' notice provided to Developer by City; and (iii) evidence that the demand for such facility is based upon the demand created by the Project. Such buildings shall be designed to be consistent with the requirements necessary to provide service to the Project. Design of the facility shall be consistent with the EASD and /or Title 11 of Eagle City Code, and shall be reviewed for approval by Developer and City in accord with the notice and hearing procedures of Title 11 of Eagle City Code. In the event that impact fees are implemented in connection with police service, Developer shall receive a credit against such impact fees equal to that portion of the Police Fees paid for capital improvements (as defined in Idaho Code § 67- 8203). (b) Fire Services. Fire services are now provided to City by Eagle Fire District and Star Fire District (individually, the "Fire District" and collectively, the "Fire Districts "). Unless City becomes the entity responsible, City shall not be obligated to provide fire services to the Property. Fire water flows shall be provided by the Water System and all fire protection infrastructure will be designed and constructed in conjunction with each Fire District and in accord with all applicable governmental regulations and adopted uniform fire codes. Hydrant locations will be determined following consideration of, without limitation, accessibility, obstructions, building proximity, driveway entrances, signs and light poles. Developer, in consultation with the Fire Districts, has developed a wildfire management plan for implementation within such Fire Districts. Unless otherwise agreed between Developer and Fire District, Developer shall contribute 1 site (not to exceed 1 acre of land per site and in addition to the fire station site combined with the police station site referenced in section 2.5(a) above) for construction of the fire station in accordance with the Master Parks, Trails and Public Facilities Plan, attached as Exhibit I, which defines a general location. The final location is subject to Developer, applicable Fire District and City approval. Such fire station shall be identified in connection with the applicable Planning Unit Master Plan or portion thereof. Unless otherwise agreed between Developer and Fire District, Developer shall cooperate with City and the Fire Districts in determining Developer's proportionate share of funds in connection with construction of such site, facility equipment, personnel and operations, not to exceed $1,000,000.00 unless Developer's proportionate share exceeds such monetary amount said additional AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 18 amount shall also be paid by Developer (the "Fire Fees "); provided however, City and Developer acknowledge and agree that such Fire Fees paid in connection with non - capital improvements are intended to be and shall be a one -time payment meant to cover that initial period of time when ad valorem taxes have not yet been collected to cover the costs of such non - capital improvements. Any contribution by Developer shall be contingent upon: (i) review and approval of construction budgets; (ii) 180 days' notice provided to Developer by City or Fire District(s); and (iii) evidence that the demand for such facility is based upon the demand created by the Project. Such buildings shall be designed to be consistent with the requirements necessary to provide service to the Project. Design of the facility shall be consistent with the EASD and /or Title 11 of Eagle City Code, and shall be reviewed for approval by Developer and City in accord with the notice and hearing procedures of Title 11 of Eagle City Code. In the event that impact fees are implemented in connection with fire service, Developer shall receive a credit against such impact fees equal to that portion of the Fire Fees paid for capital improvements (as defined in Idaho Code § 67- 8203). (c) Schools. Public education is provided by the School District. City shall not be obligated to provide public education service to the Property. Developer has, and shall continue to work diligently with School District to ensure that the educational needs of Property residents are met. In furtherance of meeting educational needs, Developer may participate with School District in enhancing the technology in one or more schools constructed by School District on the Property. Developer generally has identified potential school sites within the Project, as depicted on the Master Parks, Trails and Public Facilities Plan, attached as Exhibit I, to accommodate the needs of students generated as a result of the development of the Property using School District's student generation rates to determine the probable number of sites. The specific location, specific number of school sites and types of schools (i.e., elementary, middle and high schools) will be subject to approval by Developer and School District. The school sites will be shown as being dedicated to School District on an applicable Planning Unit Master Plan by Planning Unit Master Plan basis. Developer shall use good faith efforts to enter into an agreement with School District to contribute the necessary school sites to School District to accommodate for the development of schools in accordance with the Master Public Facilities Plan and applicable Planning Unit Master Plan. Developer shall coordinate a demographic study with School District to determine the demonstrated need for a school site caused by students generated from households within the Property. Developer shall contribute the school sites pursuant to the findings of such demographic study. Provided such a need is demonstrated and that such school site would predominantly serve students generated from the Property, Developer shall offer a site (or sites) for donation to School District on a free and clear basis in the appropriate number of acres, typical for a particular type of school (e.g., high school, middle school or grade school) and utilities stubbed to the site to accommodate the development of the type of public school planned. The site or sites shall contain the acreage needed to locate a public school or schools within the Property consistent with the typical acreage for such schools presently found in School District. The final number of school sites, the type of schools and their locations shall be identified in the appropriate Planning Unit Master Plan. Developer shall identify the site(s) on a plat or scaled drawing at the time the site(s) is offered to School District. If School District does not accept the offered site(s) within 2 years of the original offer, the offer shall terminate and Developer shall have no further obligation to offer property to School District thereafter. Design of any school and school grounds shall be consistent with the EASD and /or Title 11 of Eagle City Code, and shall be reviewed for approval by Developer. Notwithstanding the above, Developer may also provide sites for private school facilities which may or may not affect the number of public school sites needed on the Property in connection with the Project. (d) Library and Other Municipal Services. Library and other municipal services presently are provided by City. City shall provide library and such other municipal services to the Property on the same basis as is provided to other residents and businesses within City. Developer shall offer to City up to a four -acre site (subject to actual needs and based upon an approved site plan) for donation to City, with utilities stubbed, or to be stubbed, to such site to accommodate the development of the type of library and other municipal services necessary to serve the community at a location to be mutually agreed upon between City and Developer. If mutually agreed upon between City and Developer, Developer shall have the right to incorporate the space necessary to accommodate these uses into buildings built by Developer within the Property. It is planned that such site would be located within the AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 19 Big Gulch Planning Area. Design of any library shall be consistent with the EASD and /or Title 11 of Eagle City Code and shall be reviewed for approval by Developer. 2.6 Parks, Trails and Open Space. (a) Master Parks, Trails and Open Space Plan. The Project will contain Open Space, totaling a gross minimum acreage of 20% of the Project area with an overall goal of providing 40% or more of the Project area as Open Space in exchange for Bonus Density described in section 1.4, above. Each Planning Area shall contain a minimum of 15% of its total gross acres as Open Space. A Master Parks, Trails and Open Space Plan for the Project is shown on Exhibit I, which depicts the intent to link neighborhoods and Planning Areas to various common areas and recreational uses. The pathways and trails will be within and through Planning Areas and may be located along Open Space corridors and near or adjacent to community streets and roads. Pathways and trails may also utilize drainage ways and dry gulches between common areas and neighborhoods or may be combined with the drainage system for the Project. The parks, trails and Open Space Plan shown on Exhibit I will be either owned by the Owners' Association City, or another entity, or a combination of all three. Developer will submit to City a more detailed Master Parks, Trails and Open Space Plan concurrently with the submittal of the first Planning Unit Master Plan or portion thereof. (b) Planning Unit Master Parks, Trails and Open Space Plan. A Planning Unit Master Parks, Trails and Open Space Plan shall be submitted as part of the Planning Unit Master Plan that generally conforms to the Master Parks, Trails and Open Space Plan and will address roadway crossings, habitat, trails within the Eagle Regional Park, ownership or intent to dedicate park facilities if known at the time of submittal. (c) Eagle Regional Park and Willow Creek Open Space Corridor. City has applied to acquire 1,915 acres of BLM Lands for the proposed Eagle Regional Park, which 1,915 acres are contiguous to the southern border of the Project. The purpose of City's acquisition of BLM Lands is to create a regional park that would preserve Open Space in the vicinity for trails and other recreational enjoyment, buffer neighboring properties, and create and /or improve wildlife habitat by providing a wildlife mitigation corridor in and through the vicinity. Subject to: (i) City completing City's acquisition of BLM Lands on or before December 27, 2017; and (ii) failure of Developer to complete the BLM Exchange as described below in section (d), immediately below, Developer may donate approximately 800 acres of private land to City, as set forth in Exhibit K, which when combined with City BLM Lands, would create the Eagle Regional Park totaling 2,715 acres. Those 800 acres contain important wildlife habitat and vegetative communities and the 800 acres are planned for low- density residential neighborhoods and Open Space. The two portions of the Park (that is the 1,915 acres and the 800 acres) would be connected by Open Space at least 100 feet in width. Developer will create a tract to be maintained by the Owners' Association of approximately 80 acres of private land as part of the Willow Creek Open Space Corridor. Developer will work with and assist City on City's planning of the Park and Open Space Corridor with such improvements as trailheads, trails, lookouts and fencing along this boundary, including providing, at no expense to City, underlying topographical data, planning data and biological and wildlife studies. Notwithstanding anything to the contrary herein, in the event that City fails to complete the acquisition of the BLM Lands on or before December 27, 2017, Developer shall have the right to develop and plat the 800 acres in accordance with the terms of this Agreement and Eagle City Code Title 11. (d) BLM Exchange. In an attempt to consolidate lands and prevent fragmentation of Open Space, Developer has filed a request with BLM to exchange approximately 800 acres of Developer's lands for 815 acres of BLM Lands. The exchange would be subject to BLM designating the Spring Valley 800 acres as Open Space. The Parties acknowledge the appraised value of the Developer - owned 800 acres may be less than the appraised value of the BLM -owned 815 acres. In the event the BLM -owned 815 acres is appraised at a higher value than the Developer -owned 800 acres, Developer shall include additional, contiguous acres of Developer -owned land with such 800 acres to bring the appraised value of the Developer -owned lands to roughly the appraised value of the BLM -owned 815 acres as required by applicable law. In the event that the exchange is completed, the 815 acres presently owned by BLM would become Additional Property as defined herein and become a part of the Highway Mixed - Use /Business Park Planning Area upon receiving the appropriate approvals from City. In the event AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 20 that the exchange does occur, Developer shall not receive any Bonus Density for such 800 acre parcel. In the event that the BLM exchange is not completed within 10 years from the date of this Agreement (that is, December 27, 2017), Developer may donate the 800 acres to City for use as a regional park or develop the 800 acres as described in this Agreement. Subject to: (i) City completing City's acquisition of BLM Lands on or before December 27, 2017; and (ii) in Developer's reasonable discretion, the BLM exchange is proceeding on track toward completion, the Spring Valley 800 acres will be available for public use during the pending exchange as if it were a part of the Eagle Regional Park. City agrees that it will reasonably cooperate as necessary to accommodate the exchange transaction. (e) Reimbursement. If Developer, at Developer's cost and expense, develops and /or constructs and dedicates to City any portion of Developer's land for community or regional public park(s), Regional Open Space regional trails or publicly dedicated regional equestrian center or contributes to the improvements to the Eagle Regional Park, City, upon approval of the improvement costs ( "Approved Park Costs "), shall either credit or reimburse Developer from park impact fees collected at the time of a building permit (or similar funding mechanisms) from each home that is permitted within the Project ( "Spring Valley Park Impact Fees "). City and Developer shall work to mutually track such Approved Park Costs and receipt and repayment of the Spring Valley Park Impact Fees as required by the City's impact fee ordinance. ( "Park Reimbursement Agreement "). Such Park Reimbursement Agreement shall have a duration that ends the earlier of: (i) 10 years following completion of the portion of the applicable Park System for which reimbursement is sought; or (ii) when Developer has been fully reimbursed for costs in connection with development of any portion of the applicable Park System that benefits properties other than the Project. As an alternative to the reimbursement of Approved Park Costs the City and Developer may enter into an agreement whereby Developer is credited for park impact fees if Developer develops any of the park, Open Space or trail improvements listed above within a timeframe acceptable to City. Reimbursement shall be consistent with the Eagle Park Impact Fee Ordinance. (f) Maintenance of Regional Open Space. Developer acknowledges the significance of the public Regional Open Space being created in the foothills and agrees to cooperate with City to establish an ongoing funding mechanism which is applicable to all residential and Non - Residential Use lands, homes or buildings within the North Eagle Foothills Planning Area and /or City limits. This funding mechanism shall be solely for the Regional Open Space associated with this Project and identified in Exhibit I of this Agreement. The funding mechanism requirement shall be met when Developer provides for funding of maintenance of Regional Open Space through an Owners' Association's CC&Rs and such funding mechanism is an obligation of all owners governed by such CC&Rs to fund the maintenance of Regional Open Space within that area of Spring Valley governed by such CC&Rs. In no event does the Density Bonus provision, in section 1.4 of this Agreement, apply until the funding mechanism is established by Developer in accordance with this Agreement. (g) Mutual Cooperation. City and Developer shall each use all good faith efforts to support each and every exchange of lands between Developer and BLM and /or City and BLM. 2.7 Planning Unit Master Environmental Design Plan. (a) Landscape; Signage; Lighting. All development of the Property shall comply with the landscape, signage and lighting standards of Eagle City Code Title 11. (b) Habitat Mitigation Plan. A Habitat Mitigation Plan that addresses development within Constrained Lands, as generally identified on Exhibit J as Habitat Areas of Special Concern, has been prepared by Developer in cooperation with City. The City- approved Habitat Mitigation Plan, attached hereto as Exhibit N, identifies areas where Mitigation is required, the type of Mitigation actions, if any, required, and the rationale for such actions. City and Developer may coordinate, cooperate, and consult with other agencies in the application of the Habitat Mitigation Plan, but approval authority for the application of the Habitat Mitigation Plan shall rest solely with City based on standards commensurate with such Habitat Mitigation Plan(s) and based on findings that demonstrate a rational nexus Nothing in the Habitat Mitigation Plan may be construed as either incorporating state and /or federal standards and /or regulations that are not applicable to the Property or otherwise conferring any approval authority for the AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 21 Habitat Mitigation Plan to any state or federal agency. Implementation and compliance with the Habitat Mitigation Plan shall be on a Planning Unit by Planning Unit basis. A PUMP shall not be approved if development is proposed and compliance with the Habitat Mitigation Plan has not been approved or conditionally approved in accordance with Eagle City Code Title 11. 2.8 Construction. To the extent Developer develops the Property, the Parties shall have the right and the obligation, at any time after the commencement of the Term, to dedicate land, subject to City's or other applicable governmental jurisdiction's acceptance, and /or construct or cause to be constructed and installed any or all portions of the Public Infrastructure that relates to the segments of the Property developed by Developer. All such construction performed by Developer shall be performed to minimize disturbance to native and existing plant cover outside of areas being developed. Developer shall comply with all applicable requirements, standards, codes, rules, or regulations of City and in compliance with all applicable permit requirements, standards, codes, rules or regulations of: (a) the State of Idaho; (b) the United States of America; and (c) other applicable governmental agencies. Developer shall have the right, upon receipt from City (or other applicable governmental jurisdiction, as may be applicable) of an appropriate encroachment permit, to enter and remain upon and cross over any City -held (or other applicable governmental jurisdiction, as may be applicable) easements or rights -of -way to the extent reasonably necessary to facilitate such construction, or to perform necessary maintenance or repairs of such Public Infrastructure, provided that Developer's use of such easements and rights -of -way shall not impede or adversely affect City's use and enjoyment thereof and provided that Developer shall substantially restore such easements and rights -of -way to their condition prior to Developer's entry upon and completion of such construction, repair or maintenance. To the extent permitted by law and subject to obtaining an encroachment permit from City (or other applicable governmental jurisdiction), the prior dedication of any easements or rights -of -way shall not affect or proscribe Developer's right to construct, install, and /or provide Public Infrastructure thereon or thereover. City, as necessary to implement the installation of Public Infrastructure, shall cooperate reasonably with and assist in: (a) the abandonment of any unnecessary public rights -of -way or easements currently located on the Property and not otherwise used or required by other members of the public; (b) the acquisition of any necessary public rights -of -way or easements not currently located on the Property and required to be consistent with the Planning Unit Master Plans or provide access to the Property pursuant to the Planning Unit Master Plans except on lands currently filed with and under review by the City of Eagle for development approvals; and (c) submitting requests or filing applications, or entering into intergovernmental agreements with appropriate governmental entities regarding the abandonment or acquisition of public rights -of -way or easements necessary to develop the Property. 2.9 Infrastructure Assurance. It shall be a condition to the issuance of a building permit or permits that City shall have been provided with bonds or letters of credit sufficient to ensure completion of Public Infrastructure in connection with the applicable plat, in accordance with City's existing policies or ordinances for the amount of such bonds or letters of credit sufficient to ensure the full and faithful completion of the public improvement associated with the applicable plat. The Infrastructure Assurance(s) shall be reduced accordingly as construction of the infrastructure subject to such assurance is completed. Within 60 days from City's approval of the particular completed Public Infrastructure for which City has required and Developer has provided Infrastructure Assurance, City shall release (or, in the case of a letter of credit, accept a substitute letter of credit) such assurance, in whole or in part as may be appropriate under the circumstances. 2.10 Public Infrastructure Development Fee Credit; Reimbursement. Notwithstanding anything to the contrary herein, the Public Infrastructure to be provided by Developer shall confer a benefit on the Property and, in certain instances, may confer a benefit on land areas outside the Property. In recognition of such benefits to the Property, in connection only with the Public Infrastructure under the jurisdiction of City, City shall take into account and credit and /or reimburse Developer against the sum total of all applicable public infrastructure development fees, under City's jurisdiction and control, now existing or adopted by City in the future, owed by Developer or anticipated builders /residents on the Property. In recognition of such benefits to land areas outside of the Property, City shall take into account and reimburse Developer against the sum total of all of Developer's costs and expenses associated with AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 22 constructing, acquiring, and /or installing such Public Infrastructure benefiting such other land areas. This section shall survive the termination of this Agreement. 3. REGULATION OF DEVELOPMENT. 3.1 Regulation of Development. (a) Applicable Rules. The ordinances, rules, regulations, permit requirements, development fees, other infrastructure fees, exactions, other requirements, and /or official policies however denominated, applicable to and governing the development of the Property shall be those that are existing and in force as of the Date of Application, as may be mutually amended by amendment to this Agreement; provided, however, notwithstanding anything to the contrary herein, Titles 8 and 9 of Eagle City Code are not applicable to Spring Valley and have been replaced by Title 11 of Eagle City Code. City shall not amend this Agreement and /or Title 11 of Eagle City Code without written approval of Developer as set forth herein. (b) Permissible Additions to the Applicable Rules. Except as otherwise provided in this Agreement City may enact the following provisions, and take the following actions, which shall be applicable to and binding on the development of the Property provided, however, City shall provide Developer with an opportunity to suggest methods of enacting and implementing such provisions to the Property: (i) future land use ordinances, rules, regulations, permit requirements, other requirements and official policies of City that are consistent with the express provisions of this Agreement and /or Title 11 of Eagle City Code, and not contrary to the existing land use regulations applicable to and governing the development of the Property, provided that such land use ordinances, rules, regulations, permit requirements, other requirements, and official policies shall, to the extent applicable, not involve the modification of any factual determinations of City memorialized in this Agreement and shall not materially impair Developer's ability to develop the Property in the manner provided in this Agreement and /or Title 11 of Eagle City Code. In the event of conflict between this Agreement and /or Title 11 of Eagle City Code, and /or such future land use ordinances, rules, regulations, permit requirements, and /or other requirements and policies of City, this Agreement shall control; (ii) other future land use ordinances, rules, regulations, permit requirements, development fees, other requirements, and /or official policies that Developer may agree, in writing apply to the development of the Property; (iii) future land use ordinances, rules, regulations, permit requirements, other requirements and official policies of City enacted as necessary to comply with this Agreement or mandatory requirements imposed on City by state or federal laws and regulations, court decisions, and other similar superior external authorities beyond the control of City; provided, however, that in the event any such mandatory requirement prevents or precludes compliance with this Agreement, such affected provisions of this Agreement shall be modified as may be necessary to achieve the minimum permissible variance from the terms of this Agreement in order to achieve compliance with such mandatory requirement. To the extent such compliance requires any discretionary factual determination by City, such determinations shall be consistent with City's findings memorialized in this Agreement; AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 23 (iv) future land use and other ordinances, rules, regulations, permit requirements, other requirements and official policies of City of uniform application throughout City and reasonably necessary to alleviate legitimate threats to public health and safety, provided that such land use ordinances, rules, regulations, permit requirements, other requirements and official policies shall, to the extent applicable, not involve the modification of any material factual determinations of City memorialized in this Agreement; and (v) future updates of, and amendments to, existing building, fire, plumbing, mechanical, electrical, dangerous buildings, drainage, and similar construction and safety related codes, such as the International Building Code, which updates and amendments are generated by a nationally recognized construction /safety organization, such as the International Conference of Building Officials, or by the state or federal governments. 3.2 Amendment. City and Developer acknowledge that amendments to this Agreement may be necessary or appropriate from time to time. When the Parties agree that an amendment is necessary or appropriate, the Parties shall, unless otherwise required by applicable law as established in this Agreement or by state or federal statute, effectuate minor amendments administratively approved by the Zoning Administrator which include: (i) Any minor alteration to the list of permitted uses of the Property set forth in Title 11 of Eagle City Code and /or this Agreement; and (ii) Any reallocation of residential density or Non - Residential Use acreage between Planning Areas so long as the Maximum Planning Area Density or Maximum Density allowed per this Agreement is not exceeded. The approval of such minor amendments shall not necessitate formal amendment of this Agreement, but shall be retained in City's official file for the Property. All amendments to this Agreement shall be reviewed and approved by City Council in accord with the notice and public hearing procedures of Title 11 of Eagle City Code. The Parties shall cooperate in good faith to agree upon and use reasonable efforts to process any amendments to this Agreement. No moratorium, future ordinance, resolution or other land use rule or regulation imposing a limitation on the development or the rate, timing or sequencing of the development, of the Property or any portion thereof shall apply to or govern the development of the Property whether affecting land use permits, subdivision plats, building permits, occupancy permits or other entitlements to use issued or granted by City, except as otherwise provided in this Agreement. Nothing in this section shall prohibit City from withholding the issuance of Certificates of Occupancy for a structure to be occupied if the Public Infrastructure improvements set forth in this Agreement and Planning Unit Master Plans required to serve the applicable portion of the Property on which a structure to be occupied is to be located are not in place prior to occupation of such structure. 3.3 Changes to Zoning and Development Program. Any requests for changes or modifications to Title 11 of Eagle City Code and /or this Agreement shall be processed in the manner then set forth in Title 11 of Eagle City Code and /or this Agreement and /or other applicable law. Any such requests that are initiated by City shall become effective only upon Developer's written consent. Nothing in this section shall be deemed to require City approval of requested changes to the zoning or land use designations applicable to this Property. The approval of any plat which contains less density than is achieved in the Planning Unit Master Plan approved as detailed in section 1.4 of this Agreement shall not have the effect of reducing the Project's overall Maximum Density but Developer shall be able to reallocate such density in accordance with this Agreement. 3.4 Vested Rights. As set forth in this Agreement, Developer shall have a vested right to develop the Property in accordance herewith. This section shall survive termination of this Agreement. The determinations of the Parties memorialized in this Agreement, together with the assurances provided to the Parties in this Agreement, including this section, are bargained for and in consideration for the undertakings of the Parties set forth herein and contemplated by this Agreement, and are intended to be and have been relied upon by the Parties to the Parties' detriment in undertaking the obligations of the Parties under this Agreement. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 24 4. PROJECT GOVERNANCE. 4.1 Governance Entities. Developer shall create appropriate entities including, without limitation, a non - profit Owners' Association, and record CC &Rs consistent with this Agreement which bind all present and future owners within the Project and provide for the perpetual support and maintenance of the Project's governance entities, processes and common areas and to establish quality control throughout the Property both during development and during maturing of the community after the last house is built. Developer provided City with a draft set of CC &Rs concurrently with the submittal of the first Planning Unit Master Plan in December 2012. 4.2 Development Standards. Enforceable planning and development standards shall be applicable to all development within the Property, including both new construction and later modifications. City and Developer have drafted such standards, which are contained in Title 11 of Eagle City Code. 4.3 Design Guidelines. Enforceable planning, architectural and landscape design guidelines, including, without limitation, water and native plant conservation techniques, shall be applicable to all development within the Property, including both new construction and later modifications. City and Developer have drafted such standards, which are contained in Title 11 of Eagle City Code. In the event of any conflicts between the EASD and Title 11 of Eagle City Code, Title 11 of Eagle City Code shall prevail. 5. COOPERATION AND ALTERNATIVE DISPUTE RESOLUTION. 5.1 Compliance Reviews. As long as Developer owns any of the Property, Developer's Representative shall meet with City's Representative at least once per year during the Term, to review development completed in the prior year and the development anticipated to be commenced or completed in the ensuing year. Developer shall be required to provide City with such information as may reasonably be requested including: acreage of the Property sold in the prior year; acreage of the Property under contract; the number of certificates of occupancy issued in the prior year; the number of certificates of occupancy anticipated to be issued in the ensuing year; and Development Rights allocated in the prior year and anticipated to be allocated in the ensuing year. 5.2 Agreement to Cooperate. In the event of any legal or equitable action or other proceeding instituted by a third -party or other governmental entity or official challenging the validity of any provision of this Agreement, the Parties hereby agree to cooperate in defending such action or proceeding. City and Developer may agree to select mutually agreeable legal counsel to defend such action or proceeding with the parties sharing equally in the cost of such joint counsel, or each party may select its own legal counsel at each party's expense. All other costs of such defense(s) shall be shared equally by the parties. Each party shall retain the right to pursue its own independent legal defense. 5.3 Default. Failure or unreasonable delay by either Party to perform or otherwise act in accordance with any term or provision of this Agreement for a period of 30 days following written notice thereof from the other Party (the "Cure Period "), shall constitute a default under this Agreement; provided, however, that if the failure or delay is such that more than 30 days would reasonably be required to perform such action or comply with any term or provision hereof, then such Party shall have such additional time as may be reasonably necessary to perform or comply so long as such Party commences performance or compliance within such 30 -day period and diligently proceeds to complete such performance or fulfill such obligation (the "Extended Cure Period "). The written notice provided for above shall specify the nature of the alleged default and the manner in which said default may be satisfactorily cured, if possible. In the event a default of Developer is not cured within the Cure Period or the Extended Cure Period, if applicable, the zoning of that portion of the Property related to such default shall convert to the A -R (Agricultural - Residential) zoning designation. In the event a default of City is not cured within the Cure Period or the Extended Cure Period, if applicable, upon written notice from Developer, City shall take all steps to immediately de -annex the Property and this Agreement shall automatically terminate. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 25 5.4 Dispute Resolution/Remedies. (a) Process. Notwithstanding anything to the contrary herein, if an event of default is not cured within the Cure Period or the Extended Cure Period, if applicable, the non - defaulting Party may initiate the process by providing written notice initiating the process to the alleged defaulting Party. Within 15 days after delivery of such notice, each Party shall appoint one person to act as mediator on behalf of such Party and notify the other Party. Within 15 days after delivery of such notice, the persons appointed shall themselves appoint one person to serve as the sole mediator. The mediator shall set the time and place of the mediation hearing and shall give reasonable notice of the hearing to the Parties. The Parties may agree to hold the hearing by telephone. (b) Hearing. The Parties have structured this dispute resolution process with the goal of providing for the prompt and efficient resolution of all disputes falling within the purview of this process. The hearing of any dispute shall commence as soon as practicable, but in no event later than 30 days after selection of the mediator. This deadline can be extended only with the consent of both Parties. Proceedings shall be under the control of the mediator and as informal as practicable. In order to effectuate the Parties' goals, the mediation, once commenced, shall proceed from business day to business day until concluded, absent a showing of unforeseen or emergency circumstances. If those receiving a request for mediation fail to appoint a mediator within the time above specified, or if the result of such mediation is unsatisfactory to one or more Parties, then any Party may avail itself of any legal or equitable remedy available under Idaho law. (c) Fees. Each Party shall pay one -half of all fees and costs associated with the mediation process. (d) Condemnation. The process and remedies set forth herein shall not apply to an action to condemn or acquire by inverse condemnation all or any portion of the Property, and in the event of any such action, Developer shall have all rights and remedies available to it at law or in equity. 5.5 Prevailing Party. In the event that either party to this Agreement shall file suit or action at law or equity to interpret or enforce this Agreement, the unsuccessful party to such litigation agrees to pay to the prevailing party all costs and expenses including reasonable attorneys' fees incurred by the prevailing party. Similarly, all fees and costs associated with an appeal to any appellate court thereafter, including, without limitation, the prevailing Party's attorneys' fees, shall be paid by the non - prevailing party. 6. NOTICES AND FILINGS. 6.1 Manner of Serving. All notices, filings, consents, approvals and other communications provided for herein or delivered in connection herewith shall be validly delivered, filed, made, or served if in writing and delivered personally or delivered by a nationally recognized overnight courier or sent by certified United States Mail, postage prepaid, return receipt requested, if to: City: City Clerk City of Eagle 660 E. Civic Lane P.O. Box 1520 Eagle, ID 83616 With a copy to: Susan E. Buxton Moore Smith Buxton & Turcke 950 W. Bannock, Suite 520 Boise, ID 83702 Developer: M3 Eagle L.L.C. c/o William I. Brownlee 4222 E. Camelback Road #H100 Phoenix, AZ 85018 With a copy to: JoAnn C. Butler Spink Butler, LLP 251 E. Front Street, Suite 200 Boise, ID 83702 or to such other addresses as either Party hereto may from time to time designate in writing and delivery in a like manner. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 26 6.2 Mailing Effective. Notices, filings, consents, approvals and communication given by mail shall be deemed delivered immediately if personally delivered, 24 hours following deposit with a nationally recognized courier, or 72 hours following deposit in the U.S. mail, postage prepaid and addressed as set forth above. 7. MISCELLANEOUS. 7.1 Operations During Construction. Developer intends to, and hereby does, reserve mineral and /or royalty rights on minerals located on or under the Property. Mining (for purposes of on -site material usage), blasting and batch plant operations shall be allowed on -site during construction of the Project in accordance with Title 11 of Eagle City Code and /or this Agreement. The location of such operations shall be subject to reasonable regulation and approval by the appropriate governmental agencies that have jurisdiction over such operations. Portions of the Property not currently under development may be used for agricultural purposes. 7.2 Termination Upon Sale to Public. Except as otherwise provided herein, this Agreement is not intended to and shall not create conditions or exceptions to title or covenants running with the Property beyond the development of the Property. Therefore, in order to alleviate any concern as to the effect of this Agreement on the status of title to any portion of the Property, this Agreement shall terminate without the necessity of any notice, agreement or recording by and /or between the Parties in connection with any lot that has been finally subdivided and individually (and not in "bulk") leased (for a period of longer than one year) or sold to the end - purchasers or users thereof (a "Public Lot ") and thereupon such Public Lot shall be released from and no longer be subject to or burdened by the provisions of this Agreement. Notwithstanding such termination and /or release, nothing in this Agreement extinguishes City's right to enforce Developer's obligations under this Agreement and /or final plat approvals to provide necessary Public Infrastructure easements and /or lots. 7.3 Termination Upon Completion of Development. City shall, upon written request of Developer, execute appropriate and recordable evidence of termination of this Agreement if City has determined reasonably that Developer has fully performed Developer's obligations under this Agreement in connection with all or a portion of the Property. Upon final approval of any detailed phase of the Property, or portion thereof, by City, and the recordation of the final plat in connection therewith, City shall, as soon as practicable, execute and record an appropriate instrument of release of the Agreement in connection with such phase of development of the Property. Status Statements. Any Party may, at any time, and from time to time, deliver written statement to any other Party requesting that such other Party provide in writing that, to the knowledge of such other Party: (a) this Agreement is in full force and effect and a binding obligation of the Parties; (b) this Agreement has not been amended or modified, and if so amended, identifying the amendments; (c) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults. A Party receiving a request hereunder shall execute and return such statement within a reasonable time following the receipt thereof. City acknowledges that such statement hereunder may be relied upon by transferees and mortgagees. City shall have no liability for monetary damages to Developer, and transferee or mortgagee, or any other person in connection with, resulting from or based upon the issuance of any statement hereunder. 7.4 Mortgage Provisions. (a) Mortgagee Protection. This Agreement shall be superior and senior to any future lien placed upon the Property, or any portion thereof, including the lien of any Mortgage. However, no breach hereof shall invalidate or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Property, or any portion thereof, by a mortgagee (herein defined to include a beneficiary under a deed of trust), whether under or pursuant to a mortgage foreclosure, trustee's sale or deed in lieu of foreclosure or trustee's sale, or otherwise, shall be subject to all of the terms and conditions contained in this Agreement. No mortgagee shall have an obligation or duty under this Agreement to perform Developer's obligations or other affirmative covenants of Developer hereunder, or to guarantee such performance; except that to the extent that any covenant to be performed by Developer is a condition to the performance of a covenant AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 27 by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder. (b) Bankruptcy. If any mortgagee is prohibited from commencing or prosecuting foreclosure or other appropriate proceedings in the nature thereof by any process or injunction issued by any court of competent jurisdiction or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving Developer, the times specified above for commencing or prosecuting foreclosure or other proceedings shall be extended for the period of the prohibition, provided that such mortgagee is proceeding expeditiously to terminate such prohibition and in no event for a period longer than 2 years. 8. GENERAL. 8.1 Waiver. No delay in exercising any right or remedy shall constitute a waiver by either Party thereof, and no waiver by City or Developer of the breach of any covenant or condition of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 8.2 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single document so that the signatures of all Parties may be physically attached to a single document. 8.3 Headings. This Agreement shall be construed according to its fair meaning and as if prepared by both Parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 8.4 Exhibits and Recitals. Any exhibit attached hereto shall be deemed to have been incorporated herein with the same force and effect as if fully set forth in the body hereof. The Recitals set forth above shall be deemed to have been incorporated herein with the same force and effect as if fully set forth in the body hereof. The Definitions set forth prior to the Recitals shall be deemed to have been incorporated herein with the same force and effect as if fully set forth in the body hereof. 8.5 Further Acts. Each of the Parties shall promptly execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. 8.6 Time of Essence. Time is of the essence in implementing the terms of this Agreement. 8.7 Successors and Assigns. The burdens of this Agreement are binding upon, and the benefits inure to, all successors in interest of the Parties to this Agreement and constitute covenants that run with the land. Developer's rights and obligations hereunder shall be assigned to a person or entity that has acquired the Property, or a portion thereof, and shall be assigned by a written instrument, recorded in the official records of Ada County, Idaho, expressly assigning such rights and obligations. In the event of a complete or partial assignment of Developer's rights and obligations hereunder, except an assignment for collateral purposes only, Developer's liability under this Agreement shall terminate. Nothing in this Agreement shall operate to restrict Developer's ability to assign less than all of Developer's rights and obligations under this Agreement to those persons or entities that acquire any portion of the Property. Notwithstanding the foregoing, the ongoing ownership, operation and maintenance obligations in connection with this Agreement may be assigned to an Owners' Association. Developer shall provide City with written notice of any assignment and acceptance of such assignment of Developer's rights or obligations to such Owners' Association within a reasonable period of time following such assignment. Notwithstanding any other provisions of this Agreement, Developer may assign all or part of Developer's AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 28 rights and duties under this Agreement as collateral to any financial institution from which Developer has borrowed funds for use in developing the Property 8.8 No Partnership; Third Parties. It is hereby specifically understood, acknowledged and agreed that neither City nor Developer shall be deemed to be an agent of the other for any purpose whatsoever. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between Developer and City. No term or provision of this Agreement is intended to, or shall, be for the benefit of any third -party, person, firm, organization or legal entity not a party hereto, and no such other third -party, person, firm, organization or legal entity shall have any right to cause of action hereunder. 8.9 Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understandings of the Parties, oral or written, are hereby superseded and merged herein. No modification or amendment to this Agreement of any kind whatsoever shall be made or claimed by Developer or City shall have any force or effect whatsoever unless the same shall be endorsed in writing and signed by the Party against which the enforcement of such modification or amendment is sought, and then only to the extent set forth in such instrument. Such approved amendment shall be recorded in the Official Records of Ada County, Idaho. Any alteration or change to this Agreement shall be made only after complying with the notice and hearing provisions of Eagle City Code Title 11. 8.10 Construction. All Parties hereto have either been represented by separate legal counsel or have had the opportunity to be so represented. Thus, in all cases, the language herein shall be constructed simply in accord with its fair meaning and not strictly for or against a Party, regardless of whether such Party prepared or caused the preparation of this Agreement. 8.11 Names and Plans. Developer shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, designs and work products of every nature at any time developed, formulated or prepared by or at the request of Developer in connection with the Property and the Project; provided, however, that in connection with any conveyance of portions of the Property to City, such rights pertaining to the portions of the Property so conveyed shall be assigned to City to the extent that such rights are assignable. 8.12 Severability. If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect. If any applicable law or court of competent jurisdiction prohibits or excuses one Party from undertaking any contract commitment to perform any act hereunder, then the other Party may, at such other Party's sole discretion, terminate this Agreement or proceed with that portion of the Agreement not prohibited by law. It is the Parties' express intention that the terms and conditions be construed and applied as provided herein, to the fullest extent possible. It is the Parties' further intention that, to the extent any such term or condition is found to constitute an impermissible restriction of the police power of City, such term or condition shall be construed and applied in such lesser fashion as may be necessary to not restrict the police power of City. 8.13 Choice of Law. This Agreement shall be construed in accordance with the laws of the State of Idaho in effect on the Date of Application. Any action brought in connection with this Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 8.14 Recordation. After its execution, this Agreement shall be recorded in the office of the Ada County, Idaho Recorder at the expense of Developer. Each commitment and restriction on the Project shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property and shall run with the land. This Agreement shall be binding on Developer and owners, and their respective heirs, administrators, executors, agents, legal representatives, successors, and assigns; provided, however, that if all or any portion of the Project is sold, the sellers shall thereupon be released and discharged from any and all obligations arising under this Agreement in connection with the portion of the Property sold. The new owner of the Property or any portion thereof (including, without limitation, any AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 29 owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other obligations arising under this Agreement with respect to the Property or portion thereof. 8.15 No Developer Representations. Nothing contained herein shall be deemed to obligate Developer to complete any part or all of the development of the Property in accordance with this Agreement, the Development Plan or any other plan, and this Agreement shall not be deemed a representation or warranty by Developer of any kind whatsoever. 8.16 Good Standing; Authority. Each of the Parties (a) Developer is a Texas limited liability company duly qualified to do municipal corporation duly qualified to do business in the State of executing this Agreement on behalf of the Parties are authorized and whose behalf each such individual is signing. [End of Text] AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 30 represents to the other that: business in Idaho; (b) City is a Idaho; and (c) the individual(s) empowered to bind the Party on IN WITNESS WHEREOF, the Parties hereto, having been duly authorized, have executed this Amended and Restated Development Agreement to be effective on the date first written above. CITY: CITY OF EAGLE, IDAHO, a municipal corporation organized and existing under the laws of the State of Idaho By: James D. Reynolds, Mayor Attest: Sharon K. Bergmann, City Clerk M3 EAGLE: M3 Eagle L.L.C., a Texas limited liability company By: Project Holdings, LLC, an Arizona limited liability company, its sole Member By: M3 BUILDERS, L.L.C., an Arizona limited liability company, its Manager By. The M3 Companies, L.L.C., an Arizona limited liability company, its sole Member By: Pilliam I. Brownlee, Member [Notary Acknowledgements Follow] AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 31 STATE OF IDAHO ) ) ss. County of Ada ) On this day of . 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared James D. Reynolds, known or identified to me to be the Mayor of the City of Eagle, the municipal corporation that executed the instrument or the person who executed the instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires: STATE OF ARIZONA } 5S. County of 1 On this day of —14 2J+R'`�. , 2011, before me, the undersigned, a Notary Public in and for said State, personally appdaared William I. Brownlee, member of The M3 Companies, L.L.C., an Arizona limited liability company, the sole member of M3 Builders, L.L.C., an Arizona limited liability company, the manager of Project Holdings, LLC, an Arizona limited liability company, known or identified to me to be the sole member of M3 Eagle L.L.C., the Texas limited liability company that executed the instrument, or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. - Y ) if KELLY N P yKliqllor Arizon Resi g at '� My commission expires: 12-MA AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 32 Exhibit A CJ-U -B > J•U•B ENGINEERS, INC. J-U -8 COMPANIES DESCRIPTION FOR M3 PROPERTIES December 21, 2012 PARCEL 1 7NE ®I OAMM uuiGGOx MAPP�nG GROUP Mr. A PARCEL OF LAND BEING PORTIONS OF SECTIONS 10, 11, 12, 13, 14, 15, 22, 23, 24, 26, 27, 28 AND 33, TOWNSHIP 5 NORTH, RANGE 1 WEST, B.M. AND SECTIONS 7, 17, 18, 19 AND 20, TOWNSHIP 5 NORTH, RANGE 1 EAST, B.M., ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 33, T.5 N., R.1 W., B.M., THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 51051'16"W 1038.72 FEET TO A POINT; THENCE S 08 004'51" E 54.22 FEET TO A POINT; THENCE S 63002'18"W 382.31 FEET TO A POINT; THENCE S 67 °11'38" W 254.57 FEET TO A POINT; THENCE S 52016'06"W 535.08 FEET TO A POINT; THENCE S 38 040'25" W 715.30 FEET TO A POINT; THENCE S 21005'40"W 84.42 FEET TO A POINT; THENCE N 88057'16"W 182.70 FEET TO A POINT ON A CURVE ON THE EAST RIGHT OF WAY OF HIGHWAY 16; ALONG THE EAST RIGHT OF WAY OF HIGHWAY 16 THE FOLLOWING: THENCE 283.91 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 1859.86 FEET, A DELTA ANGLE OF 8 °44'47 ", A TANGENT OF 142.23 FEET AND A CHORD BEARING N 13 °10'13" W 283.63 FEET TO A POINT OF SPIRAL CURVATURE; Prepared, correcting certain scrivener errors and summarizing areas, from information of record: the original description signed by Michael Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by Walter Neitz, PLS 797, on 10/31/07. No survey was performed by me. Page 1 of 14 a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208 - 376 -7330 f 208 - 323 -9336 w www.'ub.com CJ-U-B J-U-B COMPANIES � ® uo OWL J•U•B ENGINEERS, INC. THENCE 355.29 FEET ALONG A SPIRAL CURVE, HAVING A RADIUS OF 1897.44 FEET, A THETA ANGLE OF 5 °21'51" AND A CHORD BEARING N 05 °11'07" W 355.15 FEET TO A POINT OF TANGNECY; THENCE N 03023'51"W 974.07 FEET TO A POINT; LEAVING THE EAST RIGHT OF WAY OF HIGHWAY 16: THENCE N 87 034'55" E 181.86 FEET TO A POINT; THENCE N 68 °21'01" E 96.70 FEET TO A POINT; THENCE N 58 025'55" E 150.10 FEET TO A POINT; THENCE N 00 037'49" E 303.23 FEET TO A POINT; THENCE S 67 020'45" E 25.66 FEET TO A POINT OF CURVATURE; THENCE 167.31 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 140.00 FEET, A DELTA ANGLE OF 68 028'28 ", A TANGENT OF 95.28 FEET, A CHORD BEARING N 78 °25'01" E 157.53 FEET TO A POINT OF TANGENCY; THENCE N 44 010'47" E 140.31 FEET TO A POINT OF CURVATURE; THENCE 25.96 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 250.00 FEET, A DELTA ANGLE OF 05057'01", A TANGENT OF 12.99 FEET, A CHORD BEARING N 41 °12'17" E 25.95 FEET TO A POINT ON A CURVE; THENCE N 81023'04" E 27.32 FEET TO A POINT; THENCE S 68 029'37" E 45.40 FEET TO A POINT; THENCE N 65 002'00" E 50.04 FEET TO A POINT; THENCE N 23 032'44" E 64.53 FEET TO A POINT; Prepared, correcting certain scrivener errors and summarizing areas, / from information of record: the original description signed by Michael n- /� Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by `t Walter Neitz, PLS 797, on 10/31/07. No survey was performed by me. Jf/ �l f OF`QP Page 2 of 14 cygE( S a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p208-376-7330 f208-323-9336 w www.iub.com ( J-U-BCOMPANIES ( LANOMM ®I � No J•U•B ENGINEERS, INC. THENCE N 20 006'56" E 67.97 FEET TO A POINT; THENCE N 48 034'57" E 51.57 FEET TO A POINT; THENCE N 78 024'30" E 51.93 FEET TO A POINT; THENCE S 86 036'10" E 58.11 FEET TO A POINT; THENCE S 79 022'07" E 63.34 FEET TO A POINT; THENCE N 68 030'06" E 48.40 FEET TO A POINT; THENCE N 55 037'43" E 50.14 FEET TO A POINT; THENCE N 03055'40"W 113.44 FEET TO A POINT; THENCE N 55 004'43" E 50.18 FEET TO A POINT; THENCE S 60 015'33" E 99.46 FEET TO A POINT; THENCE N 80 °09'11" E 33.37 FEET TO A POINT; THENCE N 56 026'36" E 395.71 FEET TO A POINT; THENCE S 01 006'40" E 119.64 FEET TO A POINT; THENCE N 75 °37'00" E 356.02 FEET TO A POINT; THENCE N 01 007'57" W 597.00 FEET TO A POINT; THENCE S 88 04253" E 660.70 FEET TO THE NORTHEAST CORNER OF THE SE % OF THE SE %, SECTION 28; THENCE N 00 030'21" E 1315.63 FEET TO THE NORTHWEST CORNER OF THE SW '/, SECTION 27; THENCE S 89 021'49" E 1316.18 FEET TO THE SOUTHWEST CORNER OF THE SE % OF THE NW %, SECTION 27; Prepared, correcting certain scrivener errors and summarizing areas, / Z - from information of record: the original description signed by Michael Q 11 4 Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by Walter Neitz, PLS 797, on 10/31/07. No survey was performed by me. LP Of Page 3 of 14 cygEL S 0y a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208 - 376 -7330 f 208 - 323 -9336 w wwwjub.com G ( ■B J -U-B COMPANIES I' N ® I � wNo J•U -B ENGINEERS, INC. THENCE N 00028'47"E 1316.75 FEET TO THE NORTHWEST CORNER OF THE SE OF THE NW %, SECTION 27; THENCE S 89 024'56" E 1315.09 FEET TO THE NORTHEAST CORNER OF THE SE' /4 OF THE NW %, SECTION 27; THENCE S 89 024'55" E 1321.60 FEET TO THE NORTHEAST CORNER OF THE SW 1/4 OF THE NE 1/4; SECTION 27; THENCE N 00 °06'10" E 1319.18 FEET TO THE NORTHWEST CORNER OF THE NE '/ OF THE NE'/, SECTION 27; THENCE S 89 028'02" E 1314.00 FEET TO THE SECTION CORNER COMMON TO SECTIONS 22, 23, 26 AND 27; THENCE N 01 °29'36" E 1317.12 FEET TO THE NORTHWEST CORNER OF THE SW % OF THE SW %, SECTION 23; THENCE N 89 °24'31" W 1319.64 FEET TO THE SOUTHWEST CORNER OF THE NE '/ OF THE SE'/, SECTION 22; THENCE N 01 °14'51" E 1318.39 FEET TO THE NORTHWEST CORNER OF THE NE % OF THE SE %, SECTION 22; THENCE N 01014'53" E 2631.45 FEET TO THE NORTHWEST CORNER OF THE NE % OF THE NE %, SECTION 22; THENCE N 89027'52"W 1336.59 FEET TO THE SOUTHWEST CORNER OF THE SE %, SECTION 15; THENCE N 89 012'37" W 2642.31 FEET TO THE SECTION CORNER COMMON TO THE SECTION 15, 16, 21 AND 22; THENCE N 00 027'13" E 2630.95 FEET TO THE NORTHWEST CORNER OF THE SW '/ OF SECTION 15; Prepared, correcting certain scrivener errors and summarizing areas, from information of record: the original description signed by Michael Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by Walter Neitz, PLS 797, on 10/31/07. No survey was performed by me. Page 4 of 14 a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208 - 376 -7330 f 208 - 323 -9336 w www.jub.com ( J-U -B COMPANIES I LARGD ®I M ra J•U•B ENGINEERS, INC. THENCE S 89 °29'08" E 3967.38 FEET TO THE SOUTHWEST CORNER OF THE SE % OF THE NE'/ SECTION 15; THENCE N 00 009'50" E 2626.90 FEET TO THE NORTHWEST CORNER OF THE NE % OF THE NE %, SECTION 15; THENCE N 00 016'02" E 2629.59 FEET TO THE NORTHWEST CORNER OF THE NE % OF THE SE % OF SECTION 10; THENCE S 89 018'05" E 1306.55 FEET TO THE NORTHEAST CORNER OF THE NE '/ OF THE SE'/ OF SECTION 10; THENCE N 00 °43'51" E 1313.10 FEET TO THE NORTHWEST CORNER OF THE SW '/ OF THE NW'/ OF SECTION 11; THENCE S 88 048'23" E 2640.93 FEET TO THE NORTHWEST CORNER OF THE SW '/ OF THE NE'/ OF SECTION 11; THENCE S 88 048'22" E 1322.75 FEET TO THE NORTHEAST CORNER OF THE SW % OF THE NE %, SECTION 11; THENCE S 00008'01"W 1315.01 FEET TO THE SOUTHEAST CORNER OF THE SW % OF THE NE % OF SECTION 11; THENCE S 88046'53"E 1328.84 FEET TO THE NORTHEAST CORNER OF THE SE'/ OF SECTION 11; THENCE S 88041'55"E 1300.16 FEET TO THE SOUTHWEST CORNER OF THE SE % OF THE NW % OF SECTION 12; THENCE N 00 014'37" E 1310.85 FEET TO THE NORTHWEST CORNER OF THE SE % OF THE NW % OF SECTION 12; THENCE S 88029'38"E 1308.82 FEET TO THE NORTHEAST CORNER OF THE SE'/ OF THE NW % OF SECTION 12; THENCE S 88 054'05" E 2618.91 FEET TO THE NORTHEAST CORNER OF THE SE % OF THE I'M Z4 OF SECTION 12; Prepared, correcting certain scrivener errors and summarizing areas, from information of record: the original description signed by Michael Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by Walter Neitz, PLS 797, on 10/31/07. No survey was performed by me. Page 5 of 14 a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208 - 376 -7330 f 208 - 323 -9336 (JUS 1-U -B COMPANIES ANN'GOON GROW M PINOO I pia J•U•B ENGINEERS, INC. THENCE S 0003847"W 2630.61 FEET TO THE NORTHWEST CORNER OF THE SW % OF THE SW % OF SECTION 7, T.5N., R.1 E.,OF THE B.M.; THENCE N 89 02742" E 1320.99 FEET ALONG THE NORTH LINE OF THE SW % OF THE SW % TO A POINT ON THE CENTERLINE OF WILLOW CREEK ROAD; ALONG THE CENTERLINE OF WILLOW CREEK ROAD THE FOLLOWING; THENCE S 17 008'49" E 211.69 FEET TO AN ANGLE POINT; THENCE S 21038'20" E 468.10 FEET TO A POINT OF CURVATURE; THENCE 170.12 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 365.00 FEET, A DELTA ANGLE OF 26 °42'14 ", A TANGENT OF 86.63 FEET, A CHORD BEARING S 08 °17'13" E 168.58 FEET TO A POINT OF TANGENCY; THENCE S 05 003'53" W 109.20 FEET TO A POINT OF CURVATURE; THENCE 190.35 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 310.00 FEET, A DELTA ANGLE OF 35 °10'52 ", A TANGENT OF 98.28 FEET, A CHORD BEARING S 12 031'32" E 187.37 FEET TO A POINT OF TANGENCY; THENCE S 30006'58"E 168.08 FEET TO AN ANGLE POINT; THENCE S 34 °03'01" E 298.62 FEET TO AN ANGLE POINT; THENCE S 10 042'30" E 414.87 FEET TO A POINT OF CURVATURE; THENCE 220.70 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 225.00 FEET, A DELTA ANGLE OF 56 012'00 ", A TANGENT OF 120.14 FEET, A CHORD BEARING S 38 048'30" E 211.96 FEET TO A POINT OF TANGENCY; THENCE S 66 054'30" E 1186.00 FEET TO A POINT OF CURVATURE; THENCE 243.68 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 1000.00 FEET, A DELTA ANGLE OF 13 °57'43 ", A ld>r,� L Prepared, correcting certain scrivener errors and summarizing areas, / Q-- W from information of record: the original description signed by Michael o- /� Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by "� Walter Neitz, PLS 797, on 10131/07. No survey was performed by me. q P Page 6 of 14 /Ch'q£L 0 S a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p208-376-7330 f208-323-9336 w www.'ub.com CJ-U-B 1-U -B COMPANIES ( I � NG J•U•B ENGINEERS, INC. TANGENT OF 122.45 FEET, A CHORD BEARING S 59 °55'39" E 243.08 FEET TO A POINT OF TANGENCY; THENCE S 52 05647" E 351.88 FEET TO A POINT OF CURVATURE; THENCE 214.22 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 635.00 FEET, A DELTA ANGLE OF 19 °19'45 ", A TANGENT OF 108.14 FEET, A CHORD BEARING S 44 001'28" E 213.21 FEET TO A POINT OF TANGENCY; THENCE S 34 021'35" E 166.76 FEET TO A POINT OF CURVATURE; THENCE 205.28 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 480.00 FEET, A DELTA ANGLE OF 24 °30'13 ", A TANGENT OF 104.23 FEET, A CHORD BEARING S 24 011'03" E 203.72 FEET TO A POINT OF TANGENCY; THENCE S 11 055'56" E 513.68 FEET TO A POINT OF CURVATURE; THENCE 177.05 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 395.00 FEET, A DELTA ANGLE OF 25 °40'56 ", A TANGENT OF 90.04 FEET, A CHORD BEARING S 24 °46'24" E 175.58 FEET TO A POINT OF TANGENCY; THENCE S 37036'51"E 2385.82 FEET TO A POINT OF CURVATURE; THENCE 470.67 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 720.00 FEET, A DELTA ANGLE OF 37 °27'17 ", A TANGENT OF 244.09 FEET, A CHORD BEARING S 18 °53'12" E 462.33 FEET TO A POINT OF TANGENCY; THENCE S 00009'34"E 210.73 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 20; LEAVING SAID CENTERLINE: THENCE N 89058'31"E 4449.98 FEET TO THE SECTION CORNER COMMON TO SECTION 16, 17, 20 AND 21; THENCE S 00 015'26" E 1316.05 FEET TO THE SOUTHEAST CORNER OF THE NE' /a OF THE NE A SECTION 20; Prepared, correcting certain scrivener errors and summarizing areas, io from information of record: the original description signed by Michael Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by Walter Neitz, PLS 797, on 10/31/07. No survey was performed by me. Lfp OF �0 Page 7 of 14 cygEL S. a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p208-376-7330 f208-323-9336 w www.jub.com CJ-U-B J -U -8 COMPANIES LA140DON ® GATEWM AY J•U•B ENGINEERS, INC. THENCE S 00 013'25" E 1316.49 FEET TO THE SOUTHEAST CORNER OF THE NE %4, SECTION 20; THENCE N 89 057'10" W 1326.37 FEET TO SOUTHWEST CORNER OF THE SE Y4 OF THE NE'/ OF SECTION 20; THENCE S 00 018'35" E 1314.75 FEET TO SOUTHEAST CORNER OF THE NW % OF THE SE % OF SECTION 20; THENCE N 89 05726" W 827.46 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF WILLOW CREEK ROAD; ALONG THE WESTERLY RIGHT OF WAY OF WILLOW CREEK ROAD THE FOLLOWING: THENCE N 41013'22" W 186.71 FEET TO A POINT OF CURVATURE; THENCE 208.60 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 949.44 FEET, A DELTA ANGLE OF 12 °35'19 ", A TANGENT OF 104.72 FEET, A CHORD BEARING N 47 °31'02" W 208.18 FEET TO A POINT OF A REVERSED CURVATURE; THENCE 204.80 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 1297.79 FEET, A DELTA ANGLE OF 9 °02'30 ", A TANGENT OF 102.61 FEET, A CHORD BEARING N 49 °17'26" W 204.59 FEET TO A POINT OF TANGENCY; THENCE N 44 °46'11" W 411.88 FEET TO AN ANGLE POINT; THENCE N 42005'07"W 231.38 FEET TO A POINT OF CURVATURE; THENCE 331.68 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 1899.41 FEET, A DELTA ANGLE OF 10 000'18 ", A TANGENT OF 166.26 FEET, A CHORD BEARING N 37-04'58"W 331.25 FEET TO A POINT OF TANGENCY; THENCE N 32 004'49" W 223.05 FEET TO A POINT OF CURVATURE; Prepared, correcting certain scrivener errors and summarizing areas, CL- from information of record: the original description signed by Michael CL /� Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by 4 Walter Neitz, PLS 797, on 10/31/07. No survey was performed by me. Jf� ` OF Page 8 of 14 Cyq£( $ • a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208 -376 -7330 f 208 - 323 -9336 w www jub.com ( J -U -B COMPANIES I LARD oe ; I �wno J•U•B ENGINEERS, INC. THENCE 234.81 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 1040.80 FEET, A DELTA ANGLE OF 12 °5534 ", A TANGENT OF 117.90 FEET, A CHORD BEARING N 25 °37'02" W 234.31 FEET TO A POINT OF REVERSE CURVATURE; THENCE 200.60 FEET TO A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 573.50 FEET, A DELTA ANGLE OF 20 °02'27 ", A TANGENT OF 101.33 FEET, A CHORD BEARING N 29 °10'29" W 199.58 FEET TO A POINT OF TANGENCY; THENCE N 39 011'42" W 233.00 FEET TO A POINT OF CURVATURE; THENCE 476.94 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 970.55 FEET, A DELTA ANGLE OF 28 °09'20 ", A TANGENT OF 243.39 FEET, A CHORD BEARING N 25 °07'02" W 472.15 FEET TO A POINT OF TANGENCY; THENCE N 11 002'22"W 144.76 FEET TO A POINT OF CURVATURE; THENCE 113.94 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 400.40 FEET, A DELTA ANGLE OF 16 °18'14 ", A TANGENT OF 57.36 FEET, A CHORD BEARING N 19 °11'29" W 113.55 FEET TO A POINT OF TANGENCY; THENCE N 27'020'36"W 62.21 FEET TO A POINT ON THE NORTH LINE OF THE SE % OF THE NW A SECTION 20; LEAVING THE WESTERLY RIGHT OF WAY OF WILLOW CREEK ROAD: THENCE N 89059'20"W 9.92 FEET TO THE NORTHEAST CORNER OF THE SW' /4 OF THE NW'/ OF SECTION 20; THENCE S 00 032'40" E 3941.70 FEET TO THE SOUTHEAST CORNER OF THE SW '/ OF THE SW % OF SECTION 20; THENCE N 89 052'12" W 1321.63 FEET TO THE SECTION CORNER COMMON TO SECTIONS 19, 20, 29 AND 30; Prepared, correcting certain scrivener errors and summarizing areas, from information of record: the original description signed by Michael Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by Walter Neitz, PLS 797, on 10/31/07. No survey was performed by me. 1pe4$� s Page 9 of 14 YZ S. a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208 - 376 -7330 f 208- 323 -9336 w www.iub.com r. -a --- GATMAY 6RuP p7C J-U•B ENGINEERS, INC. THENCE S 89 036'15" W 2663.86 FEET TO THE SOUTHWEST CORNER OF THE SE % OF SECTION 19; THENCE N 00 025'12" W 2625.76 FEET TO THE NORTHWEST CORNER OF THE SE % OF SECTION 19; THENCE S 89 033'40" W 2335.42 FEET TO THE SOUTHEAST CORNER OF THE NE '/ OF SECTION 24, T.5N., R.1W., OF THE B.M.; THENCE S 00022'27"W 1312.13 FEET TO THE SOUTHEAST CORNER OF THE NE OF THE SE % OF SECTION 24; THENCE N 89 008'33" W 3934.61 FEET TO THE SOUTHWEST CORNER OF THE NE % OF THE SW % OF SECTION 24; THENCE N 00 043'27" E 1309.91 FEET TO THE SOUTHEAST CORNER OF THE SW '/4 OF THE NW % OF SECTION 24; THENCE N 89010'27"W 1309.03 FEET TO THE SOUTHWEST CORNER OF THE NW % OF SECTION 24; THENCE S 00050'15"W 1309.18 FEET TO THE SOUTHEAST CORNER OF THE NE % OF THE SE'/ OF SECTION 23; THENCE N 88041'36"W 1322.58 FEET TO THE SOUTHWEST CORNER OF THE NE % OF THE SE'/ OF SECTION 23; THENCE S 01 000'18" W 1311.15 FEET TO THE SOUTHEAST CORNER OF THE SW % OF THE SE'/ OF SECTION 23; THENCE N 88 046'46" W 2652.80 FEET TO THE SOUTHEAST CORNER OF THE SW '/ OF THE SW % OF SECTION 23; THENCE S 00 008'13" W 1318.99 FEET TO THE SOUTHEAST CORNER OF THE NW % OF THE NW % OF SECTION 26; THENCE N 88050'07"W 1318.00 FEET TO THE SOUTHWEST CORNER OF THE NW '/4 OF THE NW' /4 OF SECTION 26; Prepared, correcting certain scrivener errors and summarizing areas, from information of record: the original description signed by Michael Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by Walter Neitz, PLS 797, on 10/31/07. No survey was performed by me. Page 10 of 14 a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208 - 376 -7330 f 208 - 323 -9336 w www.iub.com l— CJ-U-B J-U-B COMPANIE5 I WGDoN I W om J -U•B ENGINEERS, INC. THENCE S 00 013'35" E 1320.46 FEET TO THE SOUTHEAST CORNER OF THE SE %4 OF THE NE % OF SECTION 27; THENCE N 89021'49"W 1329.19 FEET TO THE SOUTHWEST CORNER OF THE SE '/ OF THE NE % OF SECTION 27; THENCE S 00043'20"W 1316.23 FEET TO THE SOUTHEAST CORNER OF THE NW OF THE SE % OF SECTION 27; THENCE N 89024'53"W 1322.53 FEET TO THE SOUTHEAST CORNER OF THE NE '/ OF THE SW'/ OF SECTION 27; THENCE N 89019'29"W 1317.26 FEET TO THE SOUTHWEST CORNER OF THE NE '/ OF THE SW'/ OF SECTION 27; THENCE S 00 °28'44" W 1316.52 FEET TO THE SOUTHEAST CORNER OF THE SW '/ OF THE SW % OF SECTION 27; THENCE N 89017'09"W 1317.43 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. THIS PARCEL CONTAINS 5,658.92 ACRES, MINUS THE EXCEPTION PARCELS (49.36 ACRES) FOR A NET AREA OF 5,609.56 ACRES. EXCEPT THE FOLLOWING TWO PARCELS: (1sT EXCEPTION PARCEL) A PARCEL OF LAND BEING THE SE'/ OF THE SE'/ OF SECTION 14, TOWNSHIP 5 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 14, T.5N., R.1W., B.M., THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 88025'48"W 1311.65 FEET TO THE SOUTHWEST CORNER OF THE SE OF THE SE %; THENCE N 00 011'03" W 1312.45 FEET TO THE NORTHWEST CORNER OF THE SE '/ OF THE SE %; ///��}- Prepared, correcting certain scrivener errors and summarizing areas, from information of record: the original description signed by Michael CL /� Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by `� Walter Neitz, PLS 797, on 10/31/07. No survey was performed by me. OF Page 11 of 14 ygEL S. 8� a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208 - 376 -7330 f 208 - 323 -9336 w www jub.com CJ-U-B J-U-B COMPANIES ® a� ® MA POW J•U•B ENGINEERS, INC. THENCE S 88 017'02" E 1305.96 FEET TO THE NORTHEAST CORNER OF THE SE'/ OF THE SE %; THENCE S 00 026'15" E 1309.31 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. THIS EXCEPTION PARCEL CONTAINS 39.36 ACRES. (2nd EXCEPTION PARCEL) LOT 2, BLOCK 1, OF GULCH RANCH ESTATES SUBDIVISION, RECORDED IN BOOK 61, PAGES 6097 -6098, OF ADA COUNTY RECORDS OF IDAHO: THIS EXCEPTION PARCEL CONTAINS 10.00 ACRES. PARCEL 2 A PARCEL OF LAND LOCATED IN THE SE 1/4 OF SECTION 21 AND THE NE % OF SECTION 28, TOWNSHIP 5 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 21, T.5N., RAW., B.M., THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 88 °39'16" W 1325.31 ALONG THE SOUTH LINE TO THE SOUTHWEST CORNER OF THE SE'/ OF THE SE'/ OF SAID SECTION 21; THENCE S 00026'35"W 2632.13 FEET TO THE SOUTHEAST CORNER OF THE SW % OF THE NE % OF SECTION 28; THENCE N 88041'42"W 933.28 ALONG THE SOUTH LINE OF SAID SW % OF THE NE % TO A POINT ON THE RIGHT -OF -WAY OF HIGHWAY 16; ALONG THE RIGHT -OF -WAY OF HIGHWAY 16 THE FOLLOWING: THENCE N 12 048'04" E 1004.84 FEET TO A POINT; Prepared, correcting certain scrivener errors and summarizing areas, from information of record: the original description signed by Michael Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by Walter Neitz, PLS 797, on 10/31/07. No survey was performed by me. Page 12 of 14 a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208 -376 -7330 f 208 - 323 -9336 w i/ 4 .o Or n l� (JU�B 1-U-8 COMPANIES I L'AAOUP MOON ®I No J -U•B ENGINEERS, INC. THENCE N 13 045'48" W 22.36 FEET TO A POINT; THENCE N 12 °48'04" E 1748.40 FEET TO A POINT OF SPIRAL CURVATURE; THENCE 208.46 FEET ALONG A SPIRAL CURVE HAVING A RADIUS OF 3342.70, A THETA ANGLE OF 1 °47'12" AND A CHORD BEARING N 12 012'20" E 208.45 FEET TO A POINT; THENCE N 37 030'45" E 108.57' FEET TO A POINT ON A CURVE; THENCE 946.18 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 2401.85 FEET, A DELTA ANGLE OF 22 °34'16 ", A TANGENT OF 479.31 FEET AND A CHORD BEARING N 02014'04"W 940.08 FEET TO A POINT ON A CURVE ON THE NORTH LINE OF THE SOUTH 1/ 2 OF THE SE 1/4 OF SAID SECTION 21; LEAVING THE RIGHT -OF -WAY OF HIGHWAY 16; THENCE S 88 °48'04" E 1619.66 FEET TO THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE SE 1/4 OF SAID SECTION 21; THENCE S 00 049'56" W 1322.34 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, CONTAINING 87.54 ACRES, MORE OR LESS. PARCEL 3 A PARCEL OF LAND LOCATED IN THE SW % SECTION 15, THE NORTH'/ OF SECTION 21 AND THE NW % OF THE NW % OF SECTION 22, TOWNSHIP 5 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 15, 16, 21 AND 22, T.5N., RAE., B.M., THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00 026'10" E 2637.96 FEET TO THE NORTHWEST CORNER OF THE SW %; SECTION 15; - i Prepared, correcting certain scrivener errors and summarizing areas, from information of record: the original description signed by Michael Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by Walter Neitz, PLS 797, on 10/31/07. No survey was performed by me. Page 13 of 14 a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208 - 376 -7330 f 208 - 323 -9336 �11 4 OF �% ( LNOOM NAPPM GATMAY NIMUP Mime. J•U•B ENGINEERS, INC. THENCE S 89013'00"E 2637.98 FEET TO THE NORTHEAST CORNER OF THE SW '/; SECTION 15; THENCE S 00004'45"W 2611.85 FEET TO THE SOUTHEAST CORNER OF THE SW '/; SECTION 15; THENCE N 89047'01"W 1326.69 FEET TO THE NORTHEAST CORNER OF THE NW '/ OF THE NW %; SECTION 22; THENCE S 00 °11'26" E 1318.17 FEET TO THE SOUTHEAST CORNER OF THE NW % OF THE NW % OF SECTION 22; THENCE N 89049'56"W 1324.65 FEET TO THE SOUTHWEST CORNER OF THE NW % OF THE NW %; SECTION 22; THENCE N 89052'44"W 2672.12 FEET TO THE SOUTHEAST CORNER OF THE NE % OF THE NW %; SECTION 22; THENCE N 89 052'55" W 1306.10 THE SOUTHWEST CORNER OF THE NE % OF THE NW %; SECTION 22; THENCE N 00 017'22" W 1318.61 FEET TO THE NORTHWEST CORNER OF THE NE % OF THE NW %; SECTION 21; THENCE S 89 053'23" E 3977.62 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, CONTAINING 320.04 ACRES, MORE OR LESS. TOTAL AREA OF THESE PARCELS: PARCEL 1: 5658.92 - 39.36 -10.00 = 5609.56 ACRES PARCEL 2: 87.54 ACRES PARCEL 3: 320.04 ACRES SUM: 6017.14 ACRES Prepared, correcting certain scrivener errors and summarizing areas, from information of record: the original description signed by Michael Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by Walter Neitz, PLS 797, on 10/31/07. No survey was performed by me. 4 ° �£ OF Page 14 of 14 ` hgEL a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208 -376 -7330 f 208 - 323 -9336 w wtivwjub.com Exhibit B 0 f;: .� R a i� Exhi40 bit C it CL ■ rhnp -, --V 71 Exhibit D 4:1;11 -11AC SPRING VALLEY MASTER PLAN go NORTHERN RESIDENMI. AREA Olt WILLOW CRE9C - WAD REOIONU ORNS►ACECORRDOR ` AO FAGU! wao® YII�A 44[401W4H14 HIG GULCH AREA SOUTHERN RESIDENTIAL AREA FAG�t } werosmwacwtiot uwmmpwrws ew HIGHWAY MIXED USE SDA� eun iva"tl1uoa a , � ;� 'qh• � SOUTHWESTERN RESIDENTIAL AREA �f Exhibit D - 1 S: \Dots \M3 Eagle L.L.CIDevelopment Issues 2013 \EXH \Exhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX SPRING VALLEY Spring Valley contains approximately 6,017 acres and is located north of Beacon Light Road, between State Highway 16 and Willow Creek Road. Spring Valley is located within the North Eagle Foothills Planning Area, which is comprised of approximately 49,000 acres. Spring Valley (also referred to herein as the "Property") represents approximately 12% of the North Eagle Foothills Planning Area. Spring Valley will reflect the planning principles, regional roadway network, regional utility corridors, and Regional Open Space and trail network of the Eagle Comprehensive Plan for the North Eagle Foothills Planning Area. TOPOGRAPHY Spring Valley has a wide variation of topography. Approximately 31% of the Property contains slopes 25% or steeper. The Spring Valley Master Plan is designed to work with the land, placing the highest intensity of development in areas of the Property that can best accommodate the intensity, either by using existing gradients or with sensitive grading techniques. Spring Valley will use special design standards to accommodate development on hillsides. Design and placement of homes and other structures will be carefully integrated into the topography and sensitive hillside grading techniques will be used as appropriate in accordance with the Spring Valley Grading Guidelines and Hillside Development Standards. �I w r- WILLOW CRFER ROAD REGIONAL OPEN SPACECORRIDOR 8 PROPOSED KM EXCHANGE - . MGM REGIONAL PARK ' 3,752 ACRES < 25% SLOPE = 73.0% 1,385 ACRES > 25% SLOPE = 27.0% 880 ACRES IN REGIONAL OPEN SPACE Spring Valley Planning Area with Topography. Exhibit D - 2 S. \Dots \M3 Eagle L.L.CIDevelopment Issues 20131EXH!.Exhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX Topography over the five Planning Areas within Spring Valley. AREAS OF CRITICAL CONCERN Eagle City Code designates the North Eagle Foothills as an Area of Critical Concern for topographic, ecological and scenic significance. Developer committed to submit grading guidelines and hillside development standards to the City for approval prior to project development. This requirement has been completed and the City- approved (November, 2009) Grading Guidelines and Hillside Development Standards are attached to the Development Agreement as Exhibit M. Spring Valley contains approximately 264 acres that are designated within a floodplain. Developer committed to obtain a CLOMR and construct drainage improvements to remove areas proposed for residential and commercial development from the floodplain. FEMA issued a CLOMR on August 21, 2009, as amended on November 8, 2013, which is attached to the Development Agreement as Exhibit L. Spring Valley also contains two habitat areas of special concern (as identified by Developer's consultant and IDFG) located in the Southern Planning Area (predominately southeasterly of the Little Gulch area), and the Southwestern Residential Planning Area west of the proposed Linder Road alignment. The City - approved (December 2010) Habitat Mitigation Plan is attached to the Development Agreement as Exhibit N. Exhibit D - 3 S:1DocsW3 Eagle L. L. Q Development Issues 20MEXH-Exhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX REGIONAL OPEN SPACE The Eagle Comprehensive Plan Amendment for the North Eagle Foothills proposes a Regional Open Space network for recreation and preservation of wildlife and other biological resources. The cornerstone of this network is the proposed Eagle Regional Park on 1,915 acres of existing BLM land south of the Property. Developer may convey 800 acres of its land for Regional Open Space either through: 1) exchange with the BLM for the 815 -acre BLM parcel located adjacent to State Highway 16 and then BLM working with the City of Eagle for inclusion into the Eagle Regional Park; or 2) Developer may donate the 800 acres to the City for the Eagle Regional Park subject to the City's acquisition of the 1,915 acres of BLM land for the Eagle Regional Park by December 27, 2017. Developer proposes to convey an additional 80 acres of land as Regional Open Space along Willow Creek Road for the Willow Creek Road Regional Open Space Corridor. The Regional Open Space Plan for the foothills will build upon the framework created by the planned Eagle Regional Park and the proposed conveyances. Open Space dedications from private landowners should be encouraged (through contributions of land for tax credits, density bonuses, or reassignment of dwelling units and concentration of development in suitable areas) and appropriate public lands should be acquired through public financing to create a Regional Open Space plan that is a hallmark for planning in the region. The conveyance of Regional Open Space by Developer to the City shall be in accordance with the Development Agreement. Exhibit D - 4 S:+Docs1M3 Eagle L.L.CTevelopment Issues 2013,EXKExhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX FOR EAGLE REGIONAL PARK +.M....' WILLOW CREEK REGIONAL OPEN SPACE CORRIDOR TOTAL OPEN SPACE DESIGNATED SM AC. - 14Z OF M3 EAGLE WS AC. RLM LAND W EAGLE REGIONAL PARK M3 EAGLE DESIGNATED TOTAL REGIONAL PARK CIRCULATION The Eagle Comprehensive Plan Amendment for the North Eagle Foothills contains a regional circulation plan that generally defines corridors and roadway types (e.g., arterial or collector streets). This plan is designed to move traffic efficiently throughout Spring Valley, provide a connection between State Highway 16 and State Highway 55, extend planned arterial and collector streets, minimize the impact on existing neighborhoods to the south, and minimize the impacts to the Regional Open Space network. Roadways developed within Spring Valley will incorporate appropriate design standards and amenities, such as medians, traffic calming devices, bike paths, sidewalks and landscape, to accommodate projected traffic flow at community build -out. A primary goal of the foothills development is to create effective activity centers to capture as many vehicle trips as possible within the foothills area for office, retail, schools and civic uses to lessen the impact on existing roadways to the south and State Highway 16 and State Highway 55. Spring Valley is planned with a goal of capturing a minimum of 25% of the daily vehicle trips generated by the community. In addition, the Spring Valley activity centers will capture vehicle trips from surrounding developments within the North Eagle Foothills Planning Area thereby reducing downstream traffic impacts into other areas of Eagle. SPRING VALLEY PARKS, TRAILS, AND PUBLIC FACILITIES Spring Valley is planned to provide a mix of regional, community and neighborhood parks and trails and other community open space and recreation areas. The overall goal is to provide a variety of recreational opportunities and a network of open space and non - motorized pedestrian, cycling and equestrian trails in appropriate locations throughout the community. In addition, the parks and trails system will be connected to the Regional Open Space and trails network being developed within the North Eagle Foothills Planning Area. The parks and trails system shown on the map immediately below are planned as public parks and trails. Community Open Space within Spring Valley, including parks, golf courses, trails, and other open spaces, is planned to approximate 25% of the Property. The 800 acres for the proposed Eagle Regional Park (subject to the City's acquisition of approximately 1,915 acres of BLM land for the Eagle Regional Park as referenced above) and the 80 acres for the Willow Creek Road Regional Open Space Corridor represent approximately another 14% of the Property planned as Regional Open Exhibit D - 5 S:lDocs\M3 Eagle L.L.ODevelopment Issues 2013 \EXH \Exhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX Space. Collectively, these acres would be applied toward the planning goal of 40% Open Space in Spring Valley. A public equestrian center and trailhead are proposed on Willow Creek Road and Little Gulch. The equestrian facility is envisioned to be a full - service, 80- 160 -stall facility with covered riding arenas, training facilities, paddocks and boarding facilities. This facility would be owned and operated by the Spring Valley Owners' Association or other entity. The proposed location would accommodate trail access at the center of the planned Eagle Regional Park. The Spring Valley Master Plan is planned for 2 fire stations and 1 police station, 4 elementary schools, 1 middle school and 1 high school, the numbers of which are subject to change depending on demand. f �! REGIONAL PARKS ' t F COMMUNITY PARKS (5J ( Np NEIGHBORHOOD PARKS (13) AIM 4 'y _ tiia TRAI.HFADS � PUBLIC EQUESTRIAN CENTER REGIONAL TRAIL SYSTEM I-%-P COMMUNITY TRAIL SYSTEM — EKISIING REGIONAL PARK TRAILS •p1DOD1W5lbf A101nYUNn6S LUM; wucc wcrmn¢atxNLiwuivru� FIRE & POLICE STATION (1) s'"¢ � � - - -. - 4. - •- �J •POTENTIAL ELEMENTARY SCHOOL/K-8 (3) 'POTENTIAL HIGH SCHOOL .} Spring Valley Parks, Trails, and Public Facilities Plan. SPRING VALLEY PLANNING AREAS Spring Valley is divided into five distinct but interrelated Planning Areas. These reflect the variation in topography across the Property, sensitivity to Regional Open Space planning, and the transition of uses and land use intensities from the south to the north. These Planning Areas provide for a diversity of housing types, employment, office, retail, lodging, viticulture, recreational, civic and educational uses. The densities and intensity of uses transition from highest in the Big Gulch Planning Area at the center of the Property to lowest at the boundaries of Spring Valley. Exhibit D - 6 S: \DocsW3 Eagle L.L.C1Development Issues 2013 \EXH\Exhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX BASE PROJECT DENSITY AND MAXIMUM DENSITY Spring Valley will have a Base Project Density of 0.5 dwelling units per gross acre or 3,008 dwelling units. The density may incrementally increase to a Maximum Density of 1.19 dwelling units per gross acre or 7,160 dwelling units based on the application of bonus density provisions as provided further in the Development Agreement. Spring Valley is also planned for 245 acres of commercial and mixed -use development, which uses are further set forth in the Development Agreement and Title 11 of Eagle City Code. Each Planning Area will also have a Base and Maximum Density. Developer shall be allowed to reassign dwelling units between Planning Areas so long as the Maximum Density for any Planning Area and the Property are not exceeded. The Master Plan includes Community and Neighborhood Centers and a goal of 40% Open Space. 1 NORTHERN RESDENIIAL AREA WLLOWCm ... .. ROAD REGIONAL WW VACECORRDON wEAGLE wc+mm r - BIG GULCH AREA SOUTHERN RESDENML AREA MGe IeowmRraowwt uaenciw.ena ter.. •' 1 HIGHWAY RIM MUM USE MAI d' } SOUTHWESTERN RESDENMLAREA F'�.• � S ' :'.� r ,. � .�. ..t�.n�•�.s�."Fc u's ..,we'.TJ�e..i!'ff.. a �:.�.....� w: � L "a. :.. �, ........ i� '..9 .... .. .. .. The Planning Areas contain several guiding principles: 1. An integrated, harmonious community will create a sense of place and high quality of life. 2. Development will be based on land suitability and topography. 3. Land use intensities will generally decrease as development moves away from the Big Gulch Planning Area at the center of the community. Low densities adjacent to existing development and planned Regional Open Space will maintain a rural feel that complements the City. 4. Roadway and pathway systems will provide efficiency of movement and interconnect neighborhoods and activity areas. 5. A hierarchy of non - motorized public trails will serve equestrians, pedestrians, hikers and cyclists. Trails and Open Space corridors will tie planned Regional Open Space with Community Open Space. 6. The Property is planned with an overall goal of providing 40% Open Space. Community Open Space will be comprised of active recreational areas such as neighborhood, Exhibit D - 7 S: \Does \M3 Eagle L.L.CTevelopment Issues 2013 \EXH''IExhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX community, and regional parks and golf courses, natural Open Space and improved Open Space. Regional Open Space will be open to the public and part of a regional network of open space that could include the 800 acres for the Eagle Regional Park (subject to the City's acquisition of approximately 1,915 acres of BLM land for the Eagle Regional Park as referenced above) and 80 acres for the Willow Creek Road Regional Open Space Corridor. 7. Development abutting Regional Open Space will be designed as cluster housing or larger lot single - family housing or will contain increased setbacks abutting the Regional Open Space. 8. An Open Space corridor along Willow Creek Road will protect the viewshed from the road and provide a regional corridor for equestrian and pedestrian trail connections to lands north of Spring Valley. This corridor (the "Willow Creek Road Regional Open Space Corridor ") will be approximately 1.6 miles long and contain 80 acres as it runs through Spring Valley. The Willow Creek Road Regional Open Space Corridor is designed to work with the existing topography and will provide generous setbacks (a minimum of 100 feet up to approximately 1,000 feet), landscaping and context sensitive design to minimize viewshed intrusion and provide useable Open Space. 9. Hillside development will be designed to comply with the City- approved Grading Guidelines and Hillside Development Standards. 10. The Property is located in the Western Snake River Plain Viticultural District, which District was created by the U.S. Alcohol and Tobacco Tax and Trade Bureau in March 2007. The City, through the adoption of Resolution 07 -14, has created the Eagle Wine District Overlay, which overlay extends over the Property and includes all south facing slopes. The City recognizes that the creation of the overlay complements and supports the unique qualities and economic vitality of the City, and promotes viticulture industries including crushing, distilling and associated hospitality uses and tourism within the City and the Property. Viticulture uses may be developed in any Planning Area on the Property. 11. A mixed -use community will provide for employment and shopping opportunities and help capture vehicle trips. Spring Valley is planned with the goal of capturing up to 25% of the vehicle trips generated by the community and reduce external traffic. 12. The Big Gulch Planning Area is best suited to accommodate the development of a mixed -use village given its central location within Spring Valley, its accessibility from other development within the foothills, and its relatively flat topography. The Big Gulch Planning Area will provide a concentrated employment, shopping, civic and activities area within the North Eagle Foothills Planning Area. 13. Mixed -use development will reduce trip generation, spread peak hour flows on arterial roads and allow more people the option of living closer to their work. The concentration of higher density development along the planned arterial roadway connecting State Highway 16 to State Highway 55 will be compatible with traffic patterns in the area. 14. A wide variety of housing options will create a diverse community with a wide array of housing options and pricing. 15. Creation of multiple gathering places and recreational opportunities will enhance the social fabric of the community. 16. Landscape design will incorporate environmentally sensitive and drought tolerant plants and include reuse water for common area irrigation to enhance the nature of the foothills and promote water conservation. Exhibit D - 8 S. \Dots \M3 Eagle L.L.0 \Development Issues 2013 \EXH \Exhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX 17. Contribution, dedication and enhancement of Regional and Community Open Space will improve wildlife habitat and create recreation opportunities. 18. Eradication of non - native and invasive plants will help protect native vegetative communities. Exhibit D - 9 S: \Docs\M3 Eagle L.L.0 \Development Issues 2013 \EXH \Exhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX EXHIBIT D1 BIG GULCH PLANNING AREA Big Gulch Planning Area The Big Gulch Planning Area contains 636 acres and is located along a gently sloping valley known as Big Gulch, which runs through the center of the M3 -owned Property. The Big Gulch Planning Area will be built in several phases. Topographically, over 95% of this area is less than 25% slope. This Planning Area is the heart of the community and will contain the highest intensity of uses of all of Spring Valley. The area is planned for a mix of residential and non - residential uses with a Planning Area Density of 2.97 dwelling units per gross acre, or 1,891 dwelling units, and 100 acres of Non - Residential Use land. The gross density of 2.97 may be increased to a Maximum Planning Area Density of 5.24 units /acre, or 3,335 dwelling units, but would require the reassignment of additional dwelling units from other Planning Area(s) to this Planning Area. Uses !E Land uses will include offices and businesses, civic uses, commercial uses, schools, and residential neighborhoods. Neighborhood Center sites totaling approximately 100 acres are located in the Planning Area with the highest intensity of mixed -use development located in the center. The central Neighborhood Center site may be increased by up to 95 acres of commercial, office and business uses to promote and recruit additional employment opportunities that will allow Eagle residents to live and work within the City. This Planning Area may also contain hotel or resort uses and a medical office campus with a clinic or hospital. Residential neighborhoods are anticipated to contain single and multi - family homes with densities ranging from 2 -20 units /acre. Housing options will include apartments, townhouses, condominiums, patio homes, and high- density single - family detached and attached homes. Clustered housing designs and placement of homes and other structures on individual lots will be carefully integrated into the topography, and the Grading Guidelines and Hillside Development Standards will be used as and if applicable in this flatter area of Spring Valley. EXHIBIT D1 - 1 S: \Dots \M3 Eagle L. L.Q Development Issues 2013\EWExhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX The Big Gulch Planning Area creates a mix of commercial uses that will provide effective trip capture for employment, retail and civic - related uses. The goal is to capture 25% of all vehicle trips generated within Spring Valley to activity centers within the community. In addition, the most affordable housing within the Spring Valley community will be located within this Planning Area to meet the housing demands of employees who work there. This housing location will encourage walking to and from work, as well as shorter vehicle trips, further reducing traffic. Design The Big Gulch Planning Area will have an urban feel at what is being called the village center with appropriate landscape, monumentation, signage and place- making features integrated into the design of the area. The heart of the Big Gulch Planning Area is planned near the intersection of Linder Road and Spring Valley Parkway and will include several interconnected Neighborhood Center providing for employment, shopping, recreational, and housing opportunities. Housing, commercial /office uses, roadways and landscape will tend to be arranged in formal patterns with tree -lined Spring Valley Parkway and pedestrian scale amenities. Buildings along the main arterial roadway may be close to the roadways to create pedestrian - friendly areas with sidewalks, street trees and benches. Shared surface parking areas and parking garages will be encouraged at the sides and rear of buildings or within building clusters, to reduce large areas of paving. On- street parking will be provided where sufficient right -of -way exists. The architectural character will create an interesting visual experience as one travels through the community. The village center, planned for location at the intersection of the central arterial Spring Valley Parkway and Linder Road, is planned to contain a central park, a community recreation center and water amenities around which the highest density of commercial and residential development will be located. This area will have businesses, restaurants, civic uses and possibly residential integrated with office /retail. Parking will be dispersed in the interior of the parcels and along the streets to minimize the visual impact of large conventional parking lots and to create a pedestrian - friendly environment. EXHIBIT D1 - 2 S. \Docs \M3 Eagle L.L.0 \Development Issues 2013\EXH\Exhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX Illustration of the planned uses within the Big Gulch Planning Area. This area will serve not only Spring Valley but also other areas within the greater foothills and help reduce vehicle trips leaving the area. Big Gulch is one of the few areas within the foothills area that can accommodate higher intensity development. EXHIBIT D1 - 3 S. \Dots \M3 Eagle L.L.C\Development Issues 2013\EXH \Exhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX Illustration of the central Big Gulch Neighborhood Center containing the village center, lakes and central park area. This will be designed to create pedestrian activity areas with interesting spaces. The intensity of commercial and residential uses increase as development moves toward the Neighborhood Center. The Neighborhood Center Is envisioned to be a mix of retail, office, hotel, residential and civic uses. Linder Road is shown running left to right and Spring Valley Parkway Is shown running top to bottom. Special consideration will be given to the design and placement of land uses next to Willow Creek Road, within the Willow Creek Road Regional Open Space Corridor, to promote the sense of open space. Significant setbacks from the roadway, landscape screening and context sensitive design, will all reduce visual intrusion. A park is planned at the intersection of Willow Creek Road and Spring Valley Parkway to enhance that Open Space Corridor. Building setbacks within this Corridor will be a minimum of 100 feet from the edge of the right -of -way. Parks. Trails. Schools and Public Services The Big Gulch Planning Area is planned to have multiple Community Parks as well as Regional, Community and Neighborhood Trails. A Community Park will be located at the intersection of Spring Valley Parkway and Willow Creek Road as part of the Willow Creek Road Regional Open Space Corridor as well as at various locations along the Big Gulch Regional Park. The Big Gulch floodplain is the primary drainage area within the Spring Valley community. Big Gulch will be reshaped and redesigned based upon an approved LOMR that will be the precursor to creating a flood management system as well as an approximate 55 -acre linear park through the center of Spring Valley. The Big Gulch Regional Park will extend through the Southwestern Planning Area and Big Gulch Planning Area and connect to State Highway 16 and Willow Creek Road. The Big Gulch floodplain will become the Big Gulch Regional Park, containing both improved and native areas, lakes and ponds with wetlands, play and picnic areas, and a Regional Trail. Access and Circulation The Big Gulch Planning Area will be served by a pedestrian - friendly Spring Valley Parkway that runs through the middle of the community. Spring Valley Parkway is an arterial roadway that will ultimately EXHIBIT D1 - 4 S: \Docs \M3 Eagle L.L.C�Development Issues 20131EMExhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX connect State Highway 16 and State Highway 55 as additional developments to the east of Spring Valley occur. The intersection of Spring Valley Parkway and Willow Creek Road may provide a minor access to Spring Valley. Roundabouts are being proposed as traffic control devices at intersections requiring traffic control. EXHIBIT D1 - 5 S: \Dots \M3 Eagle L.L.0 \Development Issues 2013 \EXH \Exhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX EXHIBIT D2 NORTHERN RESIDENTIAL PLANNING AREA Northern Residential Planning Area The Northern Residential Planning Area contains 2,760 acres and is located between the Big Gulch Planning Area and the northern boundary of the Property. This area is planned for a Planning Area Density of 1.65 dwelling units per gross acre, or 4,547 dwelling units, and may include two Neighborhood Centers totaling 80 acres. The Maximum Planning Area Density is 2.14 units per gross acres, or 5,917 units, which would require the reassignment of additional dwelling units from other Planning Area(s) to this Planning Area. Topographically, approximately 67% of this Planning Area is less than 25% slope. The Northern Residential Planning Area is planned to incorporate approximately 36% of its total acres as Open Space. X =E] The Northern Residential Planning Area contains the most homes within Spring Valley. The overall density averages 1.65 dwelling units per acre; the commercial development is targeted for neighborhood uses. EXHIBIT D2 - 1 S:1Docs1M3 Eagle L.L.DDevelopment Issues 20131EWExhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX �S 1 4P l ,k )b ^1wu • � ,•� lG .. d1k NORTHERN RESIDENTIAL AREA SLOPE ANALYSIS 2,760 AC. 1,849 AC.< 25% SLOPE = 67% 911 AC. > 25% SLOPE= 3317o Illustration of the Northern Residential Planning Area topography. The red on the map illustrates those areas that exceed 25% slope which account for approximately 33% of the site. The Open Space within the Planning Area is planned to reach approximately 36 %. Design of the Planning Area will incorporate hillside development standards, sensitivity to viewshed, and placement of a minimum of 50% of the homes next to some form of Open Space. Uses /Design The Northern Residential Planning Area will primarily consist of single - family neighborhoods with densities ranging from 1 -10 units /acre, and multi - family neighborhoods with densities of 4 -20 dwelling units /acre. The multi - family neighborhoods will be located adjacent to the main collector roads serving the Planning Area. Approximately 97% of the homes will be single - family detached or attached and approximately 3% of the homes will be multi - family. Two Neighborhood Centers totaling 80 acres may be located at the intersection of collector roadways and are planned for grocery stores, neighborhood services, restaurants, automotive services, dry goods, and neighborhood offices for professional, medical and dental services, community amenities, and a range of residential types. Commercial buildings will be placed in appropriate locations to provide buffering for residential uses. Land use intensity will generally decrease from south to north as development moves away from the Big Gulch Planning Area toward the northern, eastern and western boundaries of the Planning Area. Custom lots or neighborhoods with an average density of 1 unit per acre, which may be achieved through clustering, will be located at the northern perimeter of the Planning Area. This zone will provide a transition between the low- density neighborhoods within the Planning Area and the adjacent lands EXHIBIT D2 - 2 S:1Docs1M3 Eagle L.L.COevelopment Issues 20131EWExhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX outside of Spring Valley that are currently rural and generally undeveloped. This transition generally occurs within 300 to 1,000 feet of the boundary of Spring Valley. Clustered housing designs and placement of homes and other structures on individual lots will be carefully integrated into the topography, and the City- approved Grading Guidelines and Hillside Development Standards will be used as appropriate. Homes will be located on moderate slopes with many steeper, non - graded slopes left as Open Space. Design guidelines will be enforced through the Owners' Association and recorded Covenants, Conditions and Restrictions, as well as through Title 11 of Eagle City Code. NESIn ms 11 i C 4 RESIDENTIAL I.ncplorr QRESIDENTIAL 1131? { RESIDENTIAL e_ 'R�L?Ir � I Club RESIDE NTIAL NORTHERN RESIDENTIAL AREA Preliminary Lot and Community Concept for the Northern Residential Planning Area. At least 50% of the homes will be adjacent to Open Space. Utilizing clustered housing and grade adaptive design techniques, this Planning Area is planned for an overall density of 1.65 dwelling units per gross acre with approximately 36 Open Space. The design of the Northern Residential Planning Area creates a wide array of housing types, which adds to the affordability range of Spring Valley and the socio- economic diversity of the community. Special consideration will be given to the design and placement of homes next to Willow Creek Road, within the Willow Creek Road Regional Open Space Corridor. Such design and placement will promote the sense of open space and, with the use of significant setbacks from the roadway, landscape screening and context - sensitive design, will reduce visual intrusion. Building setbacks within this corridor will be a minimum of 100 feet from the edge of the right -of -way. EXHIBIT D2 - 3 S. \Docs \M3 Eagle L.L.DDevelopment Issues 20131EXH1Exhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX Parks, Trails and Schools The Northern Residential Planning Area is designed to have two Community Parks and nine Neighborhood Parks. Two golf courses may also be located within the Planning Area. If the golf courses are located in this Planning Area, the golf courses will be placed in appropriate locations to create Open Space corridors that work well with native Open Space. The golf courses will be irrigated using treated effluent (re -use water) when available. 20 of the 80 acre Willow Creek Road open space corridor are included in the Northern Planning Area. This Planning Area will also be served by non - motorized multi -use trails (separated or combined) that will link neighborhoods within this Planning Area, with the rest of the community, and with planned Regional Open Space. These trails will also provide looping opportunities with other Community and Regional Trails. Trails through neighborhoods not adjacent to public right -of -ways or connecting to public parks may be private. Three elementary schools are planned for this area. These schools will be placed in locations that provide pedestrian access from adjacent neighborhoods with trails and sidewalk systems designed to accommodate walking to school by children. Access and Circulation This Planning Area will be served by a series of neighborhood collector streets that radiate from Spring Valley Parkway running through the Big Gulch Planning Area. A minor access may be located on Willow Creek Road. Roads will generally curve to follow topography and provide interest. Intersections requiring traffic control will utilize roundabouts as traffic control devices. EXHIBIT D2 - 4 S: \Docs \M3 Eagle L.L.0 \Development Issues 2013\EXH \Exhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX EXHIBIT D3 SOUTHERN RESIDENTIAL PLANNING AREA The Southern Residential Planning Area The Southern Residential Planning Area contains 2,114 acres and is located between the Big Gulch Planning Area and the southern border of the Property, which abuts the proposed Eagle Regional Park. The maximum number of dwelling units for this Planning area is 2,109, based on Bonus Density provisions, however, it is projected that over 1,900 dwelling units will be reassigned to other Planning Areas if the 800 acres to be designated as Regional Open Space are dedicated to the City as a regional park, as provided below. The western edge of the Southern Residential Planning Area is bisected by Linder Road. Based on its close proximity to transportation and the center of Spring Valley, this area is well suited for a mixed use designation that could include residential, education or employment uses. Topographically, 61% of this Planning Area is less than 25% slope. Areas of steeper topography will contain low- density residential neighborhoods that nestle into the hillsides. Homes will generally be located along flat -to- moderate slopes while steeper, non - graded slopes will remain as Open Space. Subject to appropriate annexation, entitlement and /or exchange approvals with the local and federal governments, the 800 acres (shown below) in this Planning Area will either: (1) be exchanged for 815 acres of BLM -owned lands located near State Highway 16 or, if the BLM exchange does not occur; (2) may be donated by Developer to the City of Eagle (subject to the City's acquisition of approximately 1,915 acres of BLM land for the Eagle Regional Park by December 27, 2017). The 800 acres would then become part of the Eagle Regional Park. In addition, 60 of the 80 acres located along Willow Creek Road will be set aside as Open Space for the Willow Creek Road Regional Open Space Corridor with the management of the 80 acres being the responsibility of the Spring Valley Owners' Association or other entity. JW CREEK ROAD J SPACE CORRIDOR AGLE REGIONAL 1 SPACE HANGE AREA The Southern Residential Planning Area. The lighter green area represents the development area and the darker green represents the Regional Open Space within the Planning Area. Slope and Habitat EXHIBIT D3 - 1 S: \Dots \M3 Eagle L.L.0 Development Issues 20131EXH\Exhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX The Southern Residential Planning Area has the highest concentration of steep slopes of any of the five Planning Areas. Topographically, approximately 39% of the Planning Area exceeds 25% slope. In addition, this Planning Area contains some of the highest concentration of suitable habitat (based upon environmental surveys by Developer's consultant and as identified by IDFG) on the Property. Much of this habitat is located in the 800 acres which may be designated for Regional Open Space use, subject to the terms and conditions of the Development Agreement. SOUTHERN RESIDENTIAL AREA SLOPE ANALYSIS 2,114 AC, 1,218 AC.< 25% SLOPE = 58% 896 AC. > 26% SLOPE = 42'0 Southern Residential Planning Area illustrated with topography. The red indicates slopes which exceed 25961 which comprise approximately 39% of the Planning Area. This Planning Area contains the highest percentage of slopes exceeding 25% of the entire Spring Valley. Uses / Desian The Southern Residential Planning Area will consist primarily of Open Space and residential clusters with custom home neighborhoods with densities averaging 0.2 units /acre. Low- density, single - family detached homes and single - family attached homes with densities up to 3 units /acre may also exist where topography allows. Mixed use and commercial designations will also be permitted along either side of Linder Road. Custom homes and ancillary improvements will be restricted to development within designated building envelopes. These envelopes will increase the amount of Open Space within the community, protect valuable habitat which has been identified in this Planning Area, and control viewsheds for adjacent properties inside and outside the community. Privacy walls will be minimized in favor of open or no fencing to preserve vistas and allow wildlife movement. Design and placement of homes and other structures shall be carefully integrated into the topography, and sensitive hillside grading techniques shall be used as appropriate. The community design guidelines will dictate special standards to minimize disturbance to the environment. Design guidelines will be enforced through the Owners' Association and recorded Covenants, Conditions and Restrictions (CC &Rs), as well as the City of Eagle, to ensure compliance with the development standards. EXHIBIT D3 - 2 S. \DocsW3 Eagle L.L.0 \Development Issues 2013 \EXH \Exhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX Preliminary lot and community concept for the Southern Residential Planning Area. This illustration assumes the City completes the acquisition of the BLM Lands and the 800 acres of Spring Valley lands are a part of the Eagle Regional Park (which has the potential to occur) along with 60 of the 80 acres within the Willow Creek Road Regional Open Space Corridor. y� 6EM f . alsw w;5 BOACRE WILLOW CREEK REGIONAL OPEN SPACE CORRIDOR } .J •f a yq sa�,;at•n �b R,RIi IC IWVIH£� FClI'F STRI.,N','�� CENTER 1 EAGLE REGIONAL PARK y. 5 JI TOTAL M3 EAGLE PROPERTY DESIGNATED G FOR EAGLE REGIONAL PARK - SWAG i` WILLOW CREEK REGIONAL OPEN SPACE CORRIDOR BO AC - llll TOTAL OPEN SPACE DESIGNATED - 660 AC. 5 P 660 AC.- 14.6% OF M3 EAGLE 6,015 AC. BLM LAND IN EAGLE REGIONAL PARK 1,915 AG, 705% �•i'�� ,r r�M3 EAGLE DESIGNATED 600 AC, 29.5% TOTAL REGIONAL PARK 2.715 AC, 100.0% This map Illustrates the location of the 880 acres of Spring Valley lands designated as potential Regional Open Space. The 80 acres along Willow Creek will be Regional Open Space and the 800 acres may be donated as Regional Open Space subject to City's timely acquisition of the proposed Eagle Regional Park. The City's planned Eagle Regional Park will have over 7 miles of boundary common with Spring Valley. EXHIBIT D3 - 3 S:IDocs\M3 Eagle L.L.COevelopment Issues 2013 \EXH \Exhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX Willow Creek Road Regional Open Space Corridor Developer is establishing the Willow Creek Road Regional Open Space Corridor to provide: (1) a varying corridor width based upon topography; (2) large setbacks to reduce viewshed intrusion; and (3) regional trail connectivity for equestrian and pedestrian users. Special consideration will be given to the design and placement of homes adjacent to the corridor to promote a sense of open space. Significant setbacks from the roadway, landscape screening and context sensitive design will be used to reduce visual intrusion. Building setbacks within this corridor will be a minimum of 100 feet from the edge of the Willow Creek Road right -of -way. This illustration shows the Willow Creek Road Regional Open Space Corridor in the Southern Residential Planning Area and Big Gulch Planning Area. Note the setbacks range from approximately 260' to 1430' from the centerline of Willow Creek Road providing an excellent corridor for viewshed protection and trails. EXHIBIT D3 - 4 S: \Dots \M3 Eagle L.L.C\Development Issues 2013.EXH \Exhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX Parks. Trails and Schools Amenities will include a Community Park, a Neighborhood Park, Community and Regional Open Space (subject to conditions set forth above), regional equestrian and pedestrian trails, and a public equestrian center on the west side of Willow Creek Road. The combination of Community and Regional Open Space may total approximately 1,000 acres, or approximately 50 %, of the Southern Residential Planning Area. This Planning Area will be served by non - motorized multi -use trails (separate or combined) that will link neighborhoods within this Planning Area and with the rest of the community. In turn, this will provide looping opportunities with other Community Trails and Regional Trails within the Eagle Regional Park. A public trailhead will be located on the east side of Willow Creek Road. Trails through neighborhoods not adjacent to public right -of -way or connecting to public parks may be private. Trails through low- density neighborhoods may be on one side of the street. Equestrian Center It is envisioned that an equestrian center would be built as part of the Southern Residential Planning Area that would provide for resident and non - resident boarding facilities. The facility would be a full - service training facility with professional management and training services. The public equestrian center will be on approximately 30 to 40 acres and is envisioned to contain a covered riding arena, turn -outs, and boarding facilities for 80 -160 horses. This center would be owned and operated by the Spring Valley Owners' Association or other entity. EXHIBIT D3 - 5 S. \Dots \M3 Eagle L.L.0 \Development Issues 2013 \EXH \Exhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX Example of another an equestrian center which Developer has developed at its American Ranch project in Arizona. This Is an 40 -stall facility with a climate controlled arena, covered round pen and covered outdoor riding arena, with turnouts and paddocks. Access and Circulation This Planning Area will be served by a series of neighborhood collector streets that radiate from the Spring Valley Parkway running through the Big Gulch Planning Area. A minor access may be located on Willow Creek Road. Upon development of this Planning Area, the connection between Willow Creek Road and State Highway 55 will need to be completed. Roads will generally curve to follow topography and be designed to provide interest. Intersections requiring control will utilize roundabouts as traffic control devices. EXHIBIT D3 - 6 S: \Dots \M3 Eagle L.L.0 \Development Issues 2013 \EXH\Exhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX EXHIBIT D4 SOUTHWESTERN RESIDENTIAL PLANNING AREA Southwestern Residential Planning Area The Southwestern Residential Planning Area is planned as the first phase of Spring Valley and contains 306 dwelling units and 17 acres of Non - Residential Use land. The Planning Area consists of 419 acres and is located in a flat corridor within Big Gulch between State Highway 16 and the Big Gulch Planning Area. The Gross Density of 0.73 dwelling units per acre may be increased to a Maximum Planning Area Density of 1.07 dwelling units per gross acre or 450 dwelling units, but would require the reassignment of additional dwelling units from other Planning Area(s) to this Planning Area, so long as the Maximum Density for the Project is not exceeded. The area is also planned for 17 acres of Neighborhood Center. Topographically, 99% percent of this Planning Area is less than 25% slope. =f The Southwestern Residential Planning Area is located adjacent to State Highway 16 and will have access from the planned Improvements to State Highway 16. Uses /Deslan This Planning Area is planned to contain single - family homes with densities of 1 -10 units /acre, but may also contain estate type and equestrian lots on 1 -2 acres and larger. Densities will increase from west to east as they get closer to the Big Gulch Planning Area. This Planning Area is also planned to have a 17- acre Neighborhood Center which may be part of the village center. Residential units and commercial buildings shall maintain a minimum 50 -foot setback adjacent to the planned Eagle Regional Park to provide a buffer area to the Eagle Regional Park. Estate and equestrian lots (if provided) would be located in the western portion of the Planning Area and would incorporate common fencing, and irrigated pastures and restrictive building envelopes (for equestrian lots). EXHIBIT D4 - 1 S:1Docs1M3 Eagle L.L. C1 Development Issues 20131EMExhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX This Planning Area contains a significant stand of sagebrush as identified by Developer's consultant and IDFG. Most or all of this sagebrush will be removed, but will be mitigated in accordance with the City - approved Habitat Mitigation Plan. The Southwestern Residential Planning Area is relatively flat with limited constraints. SOUTHWESTERN RESIDENTIAL AREA Residential Residential / 1 WWTP Residential Residential f(�A". Residential Illustration of the Southwestern Residential Planning Area. The Open Space Is planned for a minimum of 25 %. Parks and Trails This Planning Area will be served by the Big Gulch Regional Park, a Community Park and Neighborhood Park. The Community Park will consist of approximately 16 acres and may include the following amenities: recreation building, swimming pool, sports courts, children's play area, pick areas, lake, and a trailhead and parking area for pedestrians and cyclists to access the Big Gulch Regional Park and BLM Lands (i.e., the planned Eagle Regional Park). The final scope of amenities and planning for this Planning Area will be determined based upon market considerations. In addition, other ponds and small lakes holding treated effluent water will be located throughout this Planning Area. These water bodies will serve as irrigation reservoirs, community amenities, wildlife and wetlands habitat. This Planning Area is planned to contain approximately 100 acres of Open Space or approximately 25% of the Planning Area. EXHIBIT D4 - 2 S:\•Docs\M3 Eagle L.L.CIDevelopment Issues 20131EXH1Exhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX This Planning Area will also include non - motorized multi -use trails that will link the neighborhoods within this Planning Area and with the rest of the community, and that will provide looping opportunities, as appropriate, with Community Trails and Regional Trails within the Big Gulch Regional Park and Eagle Regional Park. Trailhead The conceptual plan for the community park In the Southwest Planning Area. The park Is planned to include a community recreation building, swimming pool, sports courts and play areas, a lake and a regional trallhead with parking for 25 cars. Access and Circulation Access to this Planning Area from State Highway 16 (subject to ITD approval) is planned at the intersection of Pollard and State Highway 16 with connections to Linder Road to the east. The new collector roadway extending east into Spring Valley will be renamed and improved as a collector road with landscaped median and extend to the Big Gulch Planning Area. When State Highway 16 is improved, as expected, to a limited access expressway, a signalized or traffic controlled intersection at State Highway 16 may be required. EXHIBIT D4 - 3 S: \Dots \M3 Eagle L.L.C\Development Issues 2013 \EXH \Exhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX EXHIBIT D5 HIGHWAY MIXED- USE/BUSINESS PARK PLANNING AREA Highway Mixed- Use /Business Park The Highway Mixed - Use /Business Park contains 88 acres along State Highway 16 and is planned to be developed as a Community Center site with retail and mixed -use office, a fire station, and an existing cellular tower site. 290 residential units may also be developed into this Planning Area as well as a hotel. The gross density of 3.30 may be increased to a Maximum Planning Area Density of 5.68 units /acre or 500 dwelling units, but would require the reassignment of dwelling units from other Planning Area(s) to this Planning Area so long as the Maximum Density for the Property is not exceeded. This Planning Area may be expanded in the future to include the adjacent 815 -acre BLM parcel. This would create a commercial and employment center at the primary entry to the community and provide easy access and visibility from the highway corridor. Topographically, over 93% of the Planning Area is less than 25% slope. Uses planned for this Planning Area will require the support of a larger population base in the foothills, higher traffic on State Highway 16 and the development of a substantial residential base in Spring Valley. == I Highway Mixed- Use /Business Park is located along State Highway 16 on the western boundary of Spring Valley. Uses /Deslan This Planning Area will combine highway- oriented commercial, retail, office and business park uses to capitalize on its adjacency and visibility from the regional transportation corridor, the planned interchange on State Highway 16, and the State Highway 16 to State Highway 55 arterial roadway. The site may also include 290 high density single- and multi - family homes as well as hotel uses, a fire station and the retention of an existing cellular tower. Eventually, this area will be the gateway to Spring Valley with appropriate landscape, entry and place- making features integrated into the design of the area with appropriate buffering along State Highway 16. EXHIBIT D5 - 1 S: \Docs \M3 Eagle L.L.0 \Development Issues 2013 \EXH \Exhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX This Planning Area may be expanded in the future to include the adjacent 815 -acre BLM parcel provided the land exchange between Developer and BLM occurs. This Planning Area is envisioned to contain mixed -use development (up to 50% of the land area), civic and educational uses, parks, and residential uses (at 2 units per gross acre). HIGHWAY MIXED USE 88 AC. 290 UNITS 3.30 DU /AC. .COMMUNITY COMMERCIAL CELL TOWER ; FIRE STATION c.� MIXED USE OFFICE Z, o C a• e0 Highway Mixed- Use /Business Park. EXHIBIT D5 - 2 S *\Docs\M3 Eagle L.L.CIDevelopment Issues 20131EMExhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX Access and Circulation Access to this Planning Area is planned to be a future grade- separated interchange on State Highway 16 which will be two miles north of a future interchange on State Highway 16 and Beacon Light Road. This access will also serve as a primary entry into the community as well as connect to Spring Valley Parkway, the primary arterial that is proposed to serve as a connection between State Highway 16 and State Highway 55. EXHIBIT D5 - 3 S: \Dots \M3 Eagle L.L.0 \Development Issues 2013 \EXH \Exhibit D to Amended & Restated Dev Agr 11- 27- 13.DOCX Exhibit E 1, Rt LLJ Z lop • � � W m� J: •.._/ � Kf 'g,� ,'{, � - 's i -tom yr Exhibit F J ' WZ o� a N cd r �� a�CCJ7 Q * J r r cc CL xg N < _ P Ln LLJ �=Z Z CL Tj W?j� �. ie< 1 � ' W LM :� s �M e � Exhibit G t g s Ld I 3. e ` 4 J A k. ,i� Exhibit H ' r r U O � CL d.� O O r4 U_ � r ' Li u s ,` ©OO(4 w I J� U A m s CL a� �a co 5 J� U A m p r � All CL a� �a co 5 5 rPI. p r � All V pp CL a� �a co 5 V pp Exhibit I ;•'��t� f, i b LU LU U Z LU CRE N Q W f N Y a J Q Q a g a 0 5a, J a C7 zF W 0 Q W 0 a U Z a V n 0 FM FRI ,VA SOW 1 I °�. h'I �` � 1. � ~ • C.� �� - �rAT @w -i�� ak• � , .a • sti V.;. IM Ll i e Exhibit 0 J r U. z oW ne !2U z uwj-o 3 n O � Lu m O H Mcn O r 4 t.. r •. rte. -• Exhibit K Exhibit L ty4l1R1' Federal Emergency Management Agency x Washington, D.C. 20472 AND S8 August 21, 2009 CERTIFIED MAIL IN REPLY REFER TO: RETURN RECEIPT REQUESTED Case No.: 09- 10 -0476R The Honorable Fred Tillman Chairman, Ada County Board of Commissioners 200 West Front Street Boise, ID 83702 Dear Mr. Tillman: Community: Ada County, ID Community No.: 160001 104 This responds to a request that the Department of Homeland Security's Federal Emergency Management Agency (FEMA) comment on the effects that a proposed project would have on the effective Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report for Ada County, Idaho and Incorporated Areas, in accordance with Part 65 of the National Flood Insurance Program (NFIP) regulations. In a letter dated March 4, 2009, Mr. W. Scott Wonders, P.E., Stanley Consultants, Inc., requested that FEMA evaluate the effects that new topographic information, floodway analysis, revised hydrologic and hydraulic analyses, and proposed developments along Big Gulch Creek from just upstream of Emmett Highway (State Highway 16) to just downstream of Willow Creek Road would have on the flood hazard information shown on the effective FIRM and FIS report. The proposed construction along Big Gulch Creek will include channelizing and relocating the majority of the creek. The maximum shift in channel location, approximately 1,200 feet east, will occur from approximately 2,800 feet downstream to approximately 1,130 feet downstream of Willow Creek Road. The channel will be approximately 5.36 miles long and 20 feet wide, with 5:1 side slopes. The channel will rejoin with Big Gulch Creek after exiting a newly constructed detention pond through triple 42- inch - diameter circular reinforced - concrete pipe culverts. All data required to complete our review of this request for a Conditional Letter of Map Revision ( CLOMR) were submitted with letters from Mr. Wonders. The effective Special Flood Hazard Area (SFHA), the area that would be inundated by the base flood, for the proposed area of revision along Big Gulch Creek is designated Zone A, with no Base Flood Elevations (BFEs) determined. We reviewed the submitted data and the data used to prepare the effective FIRM for your community and determined that the proposed project meets the minimum floodplain management criteria of the NFIP. The submitted existing conditions HEC -RAS hydraulic computer model, dated June 1, 2009, based on updated topographic information, was used as the base conditions model in our review of the proposed conditions model for this CLOMR request. We believe that, if the proposed project is constructed as shown on the plans entitled 'Big Gulch Channel Design Plans — By M3 Eagle, L.L.C.," dated December 24, 2008, and the data listed below are received, the boundaries of the base (1- percent - annual - chance) floodplain and regulatory floodway will be delineated as shown on the topographic work map entitled "M3 Eagle — Big Gulch, HEC -RAS Proposed Conditions Study Map," prepared by Stanley Consultants, Inc., dated June 9, 2009. 2 As a result of the proposed project, the base flood Water Surface Elevations (WSELs) along Big Gulch Creek will increase and decrease compared to the existing conditions WSELs. The maximum increase in WSEL, approximately 7.6 feet, will occur approximately 1,600 feet downstream of Willow Creek Road. The maximum decrease in WSEL, approximately 7.0 feet, will occur approximately 2.4 miles upstream of Emmett Highway. As a result of the revised hydrologic and hydraulic analyses, updated topographic data, and proposed project, the width of the Special Flood Hazard Area (SFHA), the area subject to inundation by the base flood, along Big Gulch Creek will decrease compared to the effective SFHA width. The maximum decrease in SFHA width, approximately 775 feet, will occur approximately 2,520 feet upstream of Emmett Highway. Upon completion of the project, your community may submit the data listed below and request that we make a final determination on revising the effective F]RM and FIS report. • Detailed application and certification forms, which were used in processing this request, must be used for requesting final revisions to the maps. Therefore, when the map revision request for the area covered by this letter is submitted, Form 1, entitled "Overview & Concurrence Form," must be included. (A copy of this form is enclosed.) • The detailed application and certification forms listed below may be required if as-built conditions differ from the preliminary plans. If required, please submit new forms (copies of which are enclosed) or annotated copies of the previously submitted forms showing the revised information. Form 2, entitled "Riverine Hydrology & Hydraulics Form" Form 3, entitled "Riverine Structures Form" Hydraulic analyses, for as-built conditions, of the base flood and the regulatory floodway, together with a topographic work map showing the revised floodplain and floodway boundaries, must be submitted with Form 2. • Effective October 1, 2007, FEMA revised the fee schedule for reviewing and processing requests for conditional and final modifications to published flood information and maps. In accordance with this schedule, the current fee for this map revision request is $4,800 and must be received before we can begin processing the request. Please note, however, that the fee schedule is subject to change, and requesters are required to submit the fee in effect at the time of the submittal. Payment of this fee shall be made in the form of a check or money order, made payable in U.S. funds to the National Flood Insurance Program, or by credit card (Visa or MasterCard only). The payment, along with the revision application, must be forwarded to the following address: LOMC Clearinghouse 6730 Santa Barbara Court Elkridge, MD 21075 • As -built plans, certified by a registered professional engineer, of all proposed project elements • Community acknowledgment of the map revision request • A copy of the public notice distributed by your community stating its intent to establish a regulatory floodway, or a statement by your community that it has notified all affected property owners and affected adjacent jurisdictions. • A letter stating that your community will adopt and enforce the regulatory floodway, OR, if the State has jurisdiction over either the regulatory floodway or its adoption by your community, a copy of your community's letter to the appropriate State agency notifying it of the establishment of the regulatory floodway and a copy of the letter from that agency stating its approval • An officially adopted maintenance and operation plan for proposed Detention Basins DBXA, DBXDl, and DBXEI. This plan, which may be in the form of a written statement from the community Chief Executive Officer, an ordinance, or other legislation, must describe the nature of the maintenance activities, the frequency with which they will be performed, and the title of the local community official who will be responsible for ensuring that the maintenance activities are accomplished • Evidence of notification of all property owners who will be affected by any increases in width and/or shifting of the base floodplain. This documentation may take the form of certified mailing receipts or certification that all property owners have been notified, with an accompanying mailing list and a copy of the letter sent. • An annotated FIRM, at the scale of the effective FIRM, that shows the revised base floodplain and floodway boundary delineations, as shown on the submitted work map, and how they tie into the base floodplain delineation shown on the effective FIRM at the downstream and upstream ends of the revised reach. After receiving appropriate documentation to show that the project has been completed, FEMA will initiate a revision to the FIRM and FIS report. Because BFEs would be established as a result of the project, a 90-day appeal period would be initiated, during which community officials and interested persons may appeal the revised BFEs based on scientific or technical-data. The basis of this CLOMR is, in whole or in part, a channel modification/culvert project. NFIP regulations, as cited in Paragraph 60.3(b)(7), require that communities assure that the flood - carrying capacity within the altered or relocated portion of any watercourse is maintained. This provision is incorporated into your community's existing floodplain management regulations. Consequently, the ultimate responsibility for maintenance of the modified channel and culverts rests with your community. This CLOMR is based on minimum floodplain management criteria established under the NFIP. Your community is responsible for approving all floodplain development and for ensuring all necessary permits required by Federal or State law have been received. State, county, and community officials, based on knowledge of local conditions and in the interest of safety, may set higher standards for construction in the SFHA. If the state, county, or community has adopted more restrictive or comprehensive floodplain management criteria, these criteria take precedence over the minimum NFIP criteria. 4 If you have any questions regarding floodplain management regulations for your community or the NFIP in general, please contact the Consultation Coordination Officer (CCO) for your community. Information on the CCO for your community may be obtained by calling the Director, Mitigation Division of FEMA in Bothell, Washington, at (425) 487 -4682. If you have any questions regarding this CLOMR, please call our Map Assistance Center, toll free, at 1 -877 -FEMA MAP (1- 877 - 336 - 2627). Sincerely, Siamak Esfandiary, Ph.D., P.E., CFM, Program Specialist Engineering Management Branch Mitigation Directorate Enclosures cc: Mr. John Traylor Director Ada County Development Services Mr. W. Scott Wonders, P.E. Stanley Consultants, Inc. For: Kevin C. Long, Acting Chief Engineering Management Branch Mitigation Directorate Change of Address for 'Letter of Map Change_(WIVIC) Submissions Starting July 9, 2009, all new Letter of Map Change (LOMC) requests or additional. data - submittals for requests in progress should be sent to the address listed below. LOW Clearinghatrse 6730 Santa - Barbara Cv�rf Elkridge, Mb 2107.5-. 'To- eved'ite,process ng, please address your. request to the attention of the following processing- specialists: ATTENTION: LOMA MANAGER Use for MT 1 Requests, including Letters of Map Revision -Based on'Fll (LOMR -Fs), Letters 'of Map Amendment (LOMAs), Conditional Letters of Map Revision -Based on Fill (CLOMR -Fs), and Conditional Letters�of Map Amendment (CLOIVIAs). WEN ION: LOMB MANAGER Use -for MT2'Requests, including Letters'of Map Revision (LOMRs) and Conditional Letters of Map Revision (CLOMRs). Starting July 9, ,200.9, for MT -1 Requests and August 3, 2009, for. MT-2 Requests, responsibility .for review and processing- of,these requests has .been .assigned by FEMA Region.ta tine following Production and Technical Services (PITS) contracting teams: Regions I, V, VI1, X: ':S1'ARR -.Regions II, III; VI: IAAMPP -- Regions Ill, VIII,' IX: I3akerAECOM o � AND SBG Federal Emergency Management Agency CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable lames D. Reynolds Mayor, City of Eagle 660 East Civic Lane Eagle, ID 83616 Dear Mayor Reynolds: Washington, D.C. 20472 November 8, 2013 IN REPLY REFER TO: LBy Case No.: 13 -10 -1031 R Community Name: City of Eagle, ID Community No.: 160003 E C E 0 NOV 18 2013 We are providing our comments with the enclosed Conditional Letter of Map Revision (CLOMR) on a proposed project within your community that, if constructed as proposed, could revise the effective Flood Insurance Study report and Flood Insurance Rate Maps for your community. If you have any questions regarding the floodplain management regulations for your community, the National Flood Insurance Program (NFIP) in general, or technical questions regarding this CLOMR, please contact the Director, Mitigation Division of the Federal Emergency Management Agency (FEMA) Regional Office in Bothell, Washington, at (425) 487 -4682, or the FEMA Map Information eXchange (FMIX) toll free at 1- 877 - 336 -2627 (1- 877 -FEMA MAP). Additional information about the NFIP is available on our website at http: / /www.fema.gov /nfip. Sincerely, Luis Rodriguez, P.E., Chief Engineering Management Branch Federal Insurance and Mitigation Administration List of Enclosures: Conditional Letter of Map Revision Comment Document cc: Mr. William E. Vaughan, AICP City of Eagle Mr. Dave Case Ada. County Board of Commissioners Ms. Keri Smith- Sigman, CFM Idaho Department of Water Resources Mr. W. Scott Wonders, P.E. J -U -B Engineers, Inc. Page 1 of 5 Issue Date: November 8, 2013 Case No.: 13404031R CLCMR,APP QQeA1<r,��, Federal Emergency Management Agency x Washington, D.C. 24472 Ds CONDITIONAL LETTER OF MAP REVISION COMMENT DOCUMENT COMMUNITY INFORMATION PROPOSED PROJECT DESCRIPTION BASIS OF CONDITIONAL REQUEST City of Eagle CHANNELRELOCAMN NEW TOPOGRAPHIC DATA Ada County CULVERT HYDRAUIJCANALYSIS Idaho HYDROLOGIC ANALYSIS COMMUNITY COMMUNITY NO.: 160003 IDENTIFIER Spfng Valley APPROX11MAT11LATITUDE&LOW03i 43.739.-116.36 SOURCE: Other DATUM: NAD 83 AFFECTED MAP PANELS TYPE: FIRM' NO.: IWMCDO50H DATE: Fdmrary 19, 2003 • FIRM - Flood Insurance Rate Map TYPE: FIRM' NO.: 16DO1 C0130H nATE. February 19, 200;1 TYPE: FIRM' NO.: 1SDOIC0135H DATE: February 19, 2003 FLOODING SOURCE AND REACH DESCRIPTION Gulch Creek — From Willow Creek Road to Just downstream of Emmett Hb hway PROPOSED PROJECT DESCRIPTION Source Proposed Prefee2 Locallon of Proposed Project Big Gulch Creek Detention Basin Aden South of Willow Creek Road Now Fanners Union Canal Culvert At Ore Farmers Union Canal Cron ft Channeltzafkon From just upstream of Willow Creek Road to just downsoermn of Etesrait SUMMARY OF IMPACTS TO FLOOD HAZARD DATA Source Efteclve tlloodin9 Proposed Flooding Increases Dees (g Gulch Greek Tone A Zane AE Yes Yes No BFEs• am Yes None BFEs - Base (1- percent- annuakhance) Flood Elevations COMMENT nft document provides the Federal Emergency Management Agency's (FEMKs) comment regarding a request for a CLOMR for the prcject described above. rhis document is not a final determination; It only provides our oomment on the proposed project in relation to the flood hazard Information shown on the effective ftlonal Flood Insurance Program (NFIP) map. We reviewed the submitted data and the data used to prepare the effective flood hazard krfonmaton for your runny and determined that the proposed project meats the minimum floodplain management criteria of the NFIP. Your community is responsible for pproving all floodplain development and for ensuring that all permits required by Federal or St"Commonwealth law have been received. State/Commonwealtr, My, and community officials, based on their knowledge of local condttons and in the interest of safety, may sot higher standards for construction in the Special Hazard Area (SFHA), the area subject to inundation by the base flood). if the Sta!WCommor veelth, county. or community has adopted more restrictive or prehensive tioodplaln management criteria, these feria take precedence over the minimum NFIP criteria. ;19 0011111811 Is based on the flood data presently avallable. If you have any questions about t is document, please contact the FEMA Map information eXcharge (FMIX) toil res at 1-871- 3362527 (1-M-FEMA MAP) or by letter addressed to the LOMC Clearinghouse, 847 South Pickett Street, Alexandria, VA 223044805. Adddiorad IMam ation bout the NFIP is available an the FEMA webske at htpJ/www.fema.govinflp. Luis Rodriguez, P.E., Chief Engineering Management Branch Federal Insurance and Mitigation Adminletration 13-10 -103IR 104 Page 2 of S 119sue Date: November 8, 2013 Case Noe 1340 -1031R CLOMR -APP Q'9AlZTAj Federal Emergency Management Agency Hn Washington, D.C. 24472 � sic CONDITIONAL LETTER OF MAP REVISION COMMENT DOCUMENT (CONTINUED) COMMUNITY INFORMATION To determine the changes in flood hazards that will be caused by the proposed project, we compared the hydraulic modeling reflecting the proposed project (nefened to as the proposed conditions model) to the hydraulic modeling reflecting the existing conditions. The table below shows the changes in the base flood water - surface elevations (WSELs). Base Flood WSEL Comparison Table Flooding Source: Big Gulch Creak Base Flood WSEL Location of maximum change Change (feet) Proposed vs. Maximom increase 1.7 Appnwubrobdy 4,OW feet downstream of the Enrnwr fthway Crowing ��g decrease 2-6 Approndinaw 3,300 feet downstream of the Emmett fth%W C= ft WW regulations Subpatagtaph W-30)(7) requires communities to ensure that the flood - can)"" capacity within the altered or relocated portion of any watercourse is maintained. This provision is incorporated into your community's existing floodplain management ordinances; therefore, responsibility fo maintenance of the altered or relocated watercourse, including any related appurtenances such as bridges, culverts, and other drainage structures, rests with your community. munity. We may request that your community submit a description and schedule of maintenance activities necessary to ensure this requirement Although the proposed area of revision is shown on the effective FIRM as located within Ada County, this area has been annexed by the City of Eagle. anent is based on the flood data presently avalleble. H you have arty WeStiorts about this douxmnant, Maass contact the FEMA Map IMorrnatim exchanp (FMDt) bolt ree at 1 -877- 338 - 2627 (1-077 -PEMA MAP) or by letter addressed to the LOW Clearinghouse, 847 south Pickett Street Akmrxtria, VA 2x304-4605. Addtdonai Infamutton bout the NFiP is eva8eble on the FEMA website at ht1p9AvwwAema gov/nfip. Luis Rodriguez, P.E., Chief Ergtrneedng Managertmrd Branch Federal Insurance and Mitigation Admk>istratbn 13- 10 -1031R 1 Page 3 of 5 Iftsue Date: November % 2013 JCne No.: 131040318 I CLAMR -APP Federal Emergency Management Agency 0, Washington, D.C. 20472 AND S�� CONDITIONAL LETTER OF MAP REVISION COMMENT DOCUMENT (CONTINUED) COMMUNITY INFORMATION (CONTINUED) DATA REQUIRED FOR FOLLOW -UP L DMR Upon completion of the project, your community must submit the data listed below and request that we make a final determination on revising the effective FIRM and FIS Report. If the project is built as proposed and the data below are received, a revision to the FIRM and FIS report would be warranted. • Form 1, entitled "Overview & Concurrence Form ". Detailed application and certification forms must be used for requesting final revisions to the maps. Therefore, when the map revision request for the area covered by this letter is submitted, Farm I must be included. If as -built conditions differ from the proposed plans, please submit new formm which may be accessed at htip.1/www.fimmLgov/planfptevetWfimmtdL_nit-2.shtni, or annotated copies of the previously submitted forms showing the revised information. • Form 2, entitled "Riverine Hydrology & Hydraulics Form" • Form 3, entitled "Riverine Structures Form" • Hydraulic analyses, for as -built conditions, of the base flood together with a topographic work map showing the revised floodplain boundaries. Please ensure that the revised information ties in with the current effective information at the downstream and upstream ends o the revised reach. • Annotated copies of the FIRMs, at the scale of the effective FIRMS, that show the revised floodplain boundary delineations shown on the submitted work map and how they tie into the floodpWn boundary delineations shown on the current effective FIRMs at the downstream and upstream ends of the revised reach • As -built plans, certified by a registered professional engineer, of all proposed project elements • Documentation of the individual legal notices sent to property owners who will be affected by any widening/shifting of the base floodplain and/or any BFE establishment along Big Qvlch Credo • Evidence that your community has, prior to approval of the proposed encroachment, adopted floodplain management ordinances that incorporate the increased BFEs to reflect the post - project conditions, as stated in Paragraph 65.12(b) k commit is based an the flood data presently eveflable. If you have any question about ft doaenent, please contact the FEMA Map Infmruatlon eXchange (FMDQ 6d1 ee at 114r/7-336-M7 (1- 977 -FEMA MAP) or by letter addressed to the LANG aearfghouse, 847 South Pickett Street, Aiexarrdrla, VA 223044805. Add'Qionai Irdarmatim the NFIP is wallabie on the FEMA website at hlgrJ /www.feme.gavhkfip. Luis Rodriguez, P.E., Chief Engineering Management Branch Federal Insumnee and MPttgetion Adminfetratlon 1310 -1031 R 1 Page 4 of 5 118sue Date: November 8, 2013 Case No.: 1340 -1031 R CLOMR APP �VARTj�F x Federal Emergency Management Agency Washington, D.C. 20472 AHD s� CONDITIONAL LETTER OF MAP REVISION COMMENT DOCUMENT (CONTINUED) COMMUNITY INFORMATION (CONTINUED) • FEMA's fee schedule for reviewing and processing requests for conditional and final modifications to published flood information and maps may be accessed at http:/AvwwS=a.gov/plan/prevcnVffim/finiLfees.shtm. fees.shtm. The fee at the time of the rap revision submittal must be received before we can begin processing the request Payment of this fee can be made through a check or money order, made payable in U.S. funds to the National Flood Insurance Program, or by credit card (Visa or MasterCard only). Please forward the payment, along with tl�revision-application, --to- the- foHowingaddnm: _..----._....... _ ...... — .-- _.._....- .--- .- .--- - - - -,W LOMC Clearinghouse 847 South Pickett Street Alexandria, VA 223044605 AfW receiving appropriate documentation to show that the project has been completed, FEMA will initiate a revision to the FIRM and FIS report. Because the flood hazard information (i.e., base flood elevations, base flood depths, SFHAs, zone designations, and/or regulatory floodways) will change as a result of the project, a 90-day appeal period will be initiated for the revision, during which community officials and interested persons may appeal the revised flood hazard information based on scientific or technical data. Ida conan d Is based on the flood data presently available. If you have any questions about this document please conted the FEMA Map Infomatton at 14177-336- 2627 (1-877-FEMA MAP) or by letter addressed to the LOW Clearinghouse, 847 South Pickett Street Alexndda. VA 223044605. Additbnai Infomatlon bout the NFIP Is available on the FEMA mobstte at http9AvwwJema.govh9p. Luis Rodriguez, P.E.. Chief Engineering Management Branch Federal insurance and Miftation Aftnishetron 13- 10 -1031R 1 Page s of s issue Date: November 8, 2015 JCM No.: 13- 1040318 CLOMR APP o�QAR x Federal Emergency Management Agency Washington, D.C. 20472 1VD SSG CONDITIONAL LETTER OF MAP REVISION COMMENT DOCUMENT (CONTINUED) COMMUNITY INFORMATION (CONTINUED) We have designated a Consultation Coordination Officer (CCO) to assist your community . The CCO will be the primary liaison between your community and FEMA- For information regarding your CCO, please contact: Mr. Mark Carey Director, Mitigation Division Federal Emergency Management Agency, Region X Federal Regional Cuter 130 228th Street, Southwest Bothell, WA 98021 -8627 (425) 487 -4682 is comment is based on the flood data presently available. If you have any queatioris about this domnrderd, please owded the FEMA Lisp infomdaflon eXdmnge (FMDQ ton ve at 1- 877336 -2627 (1- 877-FEMA MAP) or by letter addressed to the LOMC Chmuirghrous% 847 South Pickett Street, Ataxandde, VA 223044695. Additional lnkrmdm bout the NFIP Is available on the FEMA websits at htlpJ/www.fema.gov/nflp. Luis Rodripue& P.E.. Chief Engineering Merunt Branch Federal insurance and h8tigation Adrrdnlstrathn 1310.10318 1 Exhibit M JUL 2 8 2009 - - - �� M3 EAGLE FINAL APPROVED BY CITY COUNCIL, 11/24/09 i Table of Contents INTRODUCTION.......................................................................................................... ..............................1 M3 EAGLE PRE - ANNEXATION AND DEVELOPMENT AGREEMENT ............ ..............................1 EXISTINGCONDITIONS ............................................................................................ ..............................2 1. Topography ........................................................................................................ ..............................2 2. Soils .................................................................................................................... ..............................2 3. Vegetation .......................................................................................................... ..............................2 4. Viewshed ............................................................................................................ ..............................3 GRADING AND DEVELOPMENT CRITERIA ......................................................... ..............................3 1. Conceptual Grading Plan ................................................................................ ..............................3 2. Grading Typologies .......................................................................................... ..............................3 a. Restricted Grading ........................................................................................ ..............................5 b. Limited Grading ............................................................................................ ..............................6 c. Moderate Grading ........................................................................................ ..............................7 d. Standard Grading ........................................................................................ ..............................8 3. General Grading Principles and Guidelines ................................................. ..............................8 4. Specific Grading and Siting Guidelines ........................................................ .............................11 a. Streets and Roadways ................................................................................ .............................11 b. Development Pads/ Lots .............................................................................. .............................13 c. Structures ...................................................................................................... .............................17 d. Retaining Walls ............................................................................................ .............................18 e. Driveways ..................................................................................................... .............................19 f. Drainage ........................................................................................................ .............................19 g. Compaction ................................................................................................... .............................19 5. Landscape /Erosion Control ............................................................................ .............................20 i I P a g e GRADING PLAN REQUIREMENTS, REVIEW, and APPROVAL ..................... .............................21 I. Engineering Reports ....................................................................................... .............................21 a. Soils Report .................................................................................................. .............................21 b. Geology Report ............................................................................................ .............................22 c. Hydrology Report ......................................................................................... .............................22 2. Grading Plans ................................................................ ............................... ............................2324 a. Mass Grading Plan .................................................................................. ............................23� b. Mass Grading Permit .................................................................................. .............................23 c. Final Grading Plan ..................................................... ............................... ...........................27,5 d. Final Grading Permit .............................................. ............................... ...........................275 3. Grading Plan Review Process ................................................................. ...........................282:72{ List of Exhibits ExhibitA - Conceptual Grading Plan ................................................................................ ..............................4 ExhibitB - Grading Typologies ......................................................................................... ..............................5 ExhibitC - Slope Rounding ............................................................................................. ..............................9 ExhibitD - Slope Variation .............................................................................................. .............................10 ExhibitE - Road Grading ................................................................................................. .............................11 ExhibitF - Road Integration ............................................................................................ .............................12 Exhibit G - Lot Line at Top of Slope ................................................................................ .............................13 ExhibitH - Lot Line Along Slope ...................................................................................... .............................14 Exhibit I - Minimum Slope Setback Example .................................................................. .............................15 Exhibit J - Building Envelope Example ............................................................................ .............................15 ExhibitK - Flat Pad Design .............................................................................................. .............................16 Exhibit L - Grade Adaptive Pad Design ........................................................................... .............................16 Exhibit M - Building Envelope Design ............................................................................. .............................17 iiIPage Exhibit N - Grade Adaptive Architecture ........................................................................ .............................17 ExhibitO - Retaining Wall ............................................................................................... .............................19 Appendices AppendixA -Existing Landforms ................................................... ............................... ...........................3425 AppendixB Existing Slopes ....................................................................................... ............................31. 9 AppendixC - Existing Vegetation ................................................. ............................... ...........................3258 Appendix D - Visual Sensitivity Analysis .................................................................. ...........................335M iii I Page INTRODUCTION The North Eagle Foothills have been designated by the City as an Area of Critical Concern for topographic, ecological and scenic significance. Although M3 Eagle contains some of the most developable land in the foothills, the property is topographically varied and contains hillsides with some slopes exceeding 25% grade, which are considered constrained lands for development purposes. Due to the unique size, intensity, and nature of the M3 Eagle project and unique conditions of the M3 Eagle property, the M3 Eagle Pre - Annexation and Development Agreement requires the submission and approval of "grading guidelines and hillside development standards" prior to development on such lands in order to establish the appropriate grading techniques and mitigation actions that will help minimize development impacts on existing topography. Once these standards are adopted they will serve as the guide for preparing and reviewing engineering reports, development proposals, and grading plans for the property. This document replaces existing Eagle City Code 9 -5 -3, Hillside Subdivisions, and establishes a set of principles and specific techniques that will guide grading, improvement design, and site development on hillsides and other areas within M3 Eagle. It also describes the reports and plans that will be required of the developer for review and approval by the City prior to grading. These criteria include and exceed the standards from existing Eagle Code and provide more site specific restrictions and additional grading criteria. Ultimately, they will reduce the impact of development on the land and provide for a harmonious blending of development with landform while establishing clear and measurable standards for the developer and the City to work from. M3 EAGLE PRE ANNEXATION AND DEVELOPMENT AGREEMENT The City of Eagle approved the M3 Pre - Annexation and Development Agreement on December 11, 2007. Section 1.6 of the agreement provides for a maximum base project density (Pre- Mitigation Density) of 5,127 dwelling units prior to conversion of constrained lands to unconstrained lands. Slopes over 25% are considered constrained (non - buildable) lands, but may be converted to unconstrained (buildable) lands by implementing grading techniques described in this document. Existing slopes on the property greater than 25% total approximately1,842 acres of which approximately 660 acres are proposed to be converted to buildable lands. I I P a g e EXISTING CONDITIONS 1. Topography The topography of the site is varied, as shown on Appendix A. The Property rises in elevation from 2,590 feet above sea level at the southwest corner of the site to 3,150 feet at the northeast corner. The Big Gulch area through the center of the property is a relatively flat valley while the remainder of the site is primarily rolling hills with parallel ridges and draws generally oriented northwest/southeast. Approximately 70% (4,163 acres) of the site contains slopes under 25% while approximately 30% (1,842 acres) of the site contains slopes over 25 %, with a high concentration of those steep slopes on property east of Willow Creek Road where they are planned to be preserved as part of the Eagle Regional Park. The property contains no significant rock features or uniquely defined landforms. A breakdown of the approximate acreage of slopes under and over 25% by planning area is shown on Appendix B. 2. Soils M3 Eagle is underlain by Idaho Group sediments. Soil deposits generally consist of sands, silts and clays or mixtures of the same and are of moderate constructability. Ridgetops and steep slopes contain in -place soils which are silty or clayey sand and occasionally poorly graded clean sand and clay. In general, soils on the property are easily eroded and must be protected after exposure. Site specific geotechnical explorations and analyses will be conducted prior to development to formulate detailed recommendations for grading and design of structures and infrastructure. 3. Vegetation M3 Eagle vegetation, as shown on Appendix C, is dominated by non - native grasslands which comprise 90% (5,413 acres) of the property. Low lying shrubs comprise 7% (420 acres) and disturbed lands (agriculture and development) comprise 3% (170 acres). Over 92% (5,532 acres) of the vegetation is in poor to marginal condition while the remainder is in satisfactory to good condition. There are limited trees associated with existing residences on the western portions of the property. The Development Agreement identifies two Habitat Areas of Special Concern related to existing vegetation on the property. A habitat mitigation plan will be approved by the City prior to submission of any grading plans within those areas. This plan will identify a mitigation strategy to minimize loss of plant and animal habitat as described in section 2.7, paragraph (d) of the Development Agreement. 21 Page 4. Viewshed Portions of the property next to Highway 16 and Willow Creek Road are visible from those roadways while the interior is predominantly hidden from view. In addition, the property is separated both physically and visually from existing residences to the south and the City of Eagle by BLM lands (the future Eagle Regional Park), which consist of a ridge form running east and west along the southern border of the property. These lands provide a natural visual buffer and substantial development setback from existing rural neighborhood areas. A visual sensitivity analysis of the North Eagle Foothills, a portion of which is shown on Appendix D, was conducted by the City in 2006 and shows that the majority of the property exhibits moderate visual sensitivity. The portion of the property exhibiting the highest visual sensitivity is located east of Willow Creek Road on land that is planned to be preserved as natural open space as part of the future Eagle Regional Park. Visually sensitive ridges have also been identified along the west side of Willow Creek Road, as shown on Appendix A, and development in those areas will be limited in order to maintain their aesthetic value in accordance with paragraph 2.6 (c) of the Development Agreement. GRADING AND DEVELOPMENT CRITERIA 1. Conceptual Grading Plan The property contains approximately 1,842 acres of slopes greater than 25% (constrained lands), which represent approximately 30% of the site. About one third of these slopes, or 660 acres, are planned to be graded, or mitigated, to create slopes under 25% and make them suitable for development. The general location and acreage of these slopes, as well as a tabulation by planning area of constrained slopes planned to be mitigated, is shown on Exhibit A. Refined grading totals will be provided with each planning unit master plan submittal so a cumulative analysis of mitigated acreage can be conducted in accordance with section 1.6 of the Development Agreement. 2. Grading Typologies Grading will vary in scope and intensity depending on location, existing topography and development patterns. Each planning area will undergo restricted, limited, moderate or standard grading as shown on Exhibit B and as described below. 3 1 P a g e Exhbl.A. Conceptual GaingPan 3 3 3,0 r, E 0 kOk kkk zA 0 Q k Q. /Ui U igL, CO � � 2 A 2 a ■ z K 2 I i k < b Uj IL 9 O < ? w %< C 3 q k ZS � # $ LU \ 2 M LU S e P J 5 \ k / d 00 q q 10 4 1Paae ■u0§/ `k Wq \ ~ A § §c \ \� % \ I i k < b Uj IL 9 O < ? w %< C 3 q k ZS � # $ LU \ 2 M LU S e P J 5 \ k / d 00 q q 10 4 1Paae Exhibit B - Grading Typologies 5 1 P a g e Restricted grading operations are planned for regional open space in the eastern portion of the property. Grading will be mainly limited to roadways, trails and public facilities related to any park improvements or trailheads to preserve existing habitat and open space values. Restricted grading operations will comply with the following criteria: 1) Grading necessary for roadways, trails, public facilities, drainage improvements, open space, recreational amenities and their supportive uses is permitted. Grading will be minimized and sensitive to the existing topography and landscape. Areas disturbed by grading will be restored to a natural appearing state as much as possible. 2) Grading associated with habitat restoration and enhancement is permitted. 3) Retaining walls may be used to limit grading. b. Limited Grading Limited grading operations are planned for low density residential neighborhoods, many of which will be comprised of custom lots on which limits of development will be defined by building envelopes. Homes will generally be located along flat to moderate slopes while steeper, non - graded slopes will remain as open space. The majority of the Southern Planning Area will undergo limited grading due to its topography and location next to the Eagle Regional Park and Willow Creek Road, approximately 50 acres of slopes over 25% in this planning area will be mitigated, of which half are made up of individual building envelope areas. About 846 acres of slopes 25% and greater (including the regional open space areas in the restricted grading category) are planned to remain undisturbed. Limited grading operations will comply with the following criteria: 1) All grading criteria associated with restricted grading operations will apply. 2) Grading associated with residential, commercial, educational, community, and recreational uses is allowed. 3) Grading associated with residential lots one acre and larger will generally be limited to building envelopes (where appropriate), driveways, pasture areas and improvements associated with geotechnical engineering, drainage improvements, fuel modifications, and other similar reasons. 4) Grading associated with public utilities, lakes, storage ponds, and detention basins is allowed. 61 Page 5) Drainage channels may be relocated and improved in some areas to reduce the existing floodplain in accordance with City floodplain development permit policy (see Eagle City Code title 10). 6) Grading on sites next to the Eagle Regional Park and other regional open space will blend the characteristics of those landforms into the sites as much as possible. 7) Grading associated with agricultural uses is allowed which may include hillside terraced grading for vineyards. 8) Retaining walls may be used to minimize grading. c. Moderate Grading Moderate grading operations will generally occur on gentle to steep slopes that will undergo a moderate amount of landform alteration to accommodate development. The Northern Planning Area is planned to undergo moderate grading and will contain the most homes in the project along with schools, parks, golf courses, and small commercial centers. Homes will be clustered and located on flat areas, moderate slopes, and ridge tops with many steeper, non - graded slopes left as open space. About 67% of the planning area, or 1,849 acres, contains slopes under 25 %. Of the 911 acres of slope over 25 %, approximately 585 acres, or about 64 %, will be graded to create clustered building sites. A portion of the Southern Planning Area and Southwestern Planning Area are planned for moderate grading as well. This will occur on two sites along Linder Road and Hartley Road and the primary access roadway to Highway 16 within the Southwestern Planning Area. These sites are planned for employment or residential uses. The Highway /Mixed Use Planning Area is planned to undergo moderate grading and is planned as a community center site with retail, office and business park uses as well as potential residential units. Over 93% of the planning area is made up of slopes less than 25 %. Of the six acres of slope over 25 %, approximately 5 acres will be graded to create building sites. Moderate grading operations will comply with the following criteria: 1) All grading criteria associated with limited grading operations will apply. 2) Grading associated with all land uses is allowed. 3) Some existing landforms will be modified and re- contoured, but the overall effect will be to emulate the general character of the planning area. 4) Retaining walls may be used to minimize grading. 7 1 P a g e 5) Grading associated with golf courses will be permitted. Golf course edges will be softened and re- contoured to blend seamlessly with the natural topography. d. Standard Grading Standard grading operations will occur in the Big Gulch and Southwestern Planning Areas, which are the flattest and least constrained portion of the site.. The Big Gulch Planning Area will contain the highest intensity of uses per acre on the property and is planned for a mix of residential and commercial, civic and recreational uses. About 95% of the area, or 610 acres, contains slopes under 25 %. Of the remaining 26 acres with slopes over 25 %, approximately 16 acres will be graded to create suitable building sites. The Southwestern Planning Area is planned for rural and estate type homes, medium density neighborhoods, and an equestrian center. Over 99% of the area contains slopes under 25% and only one acre of these slopes will be graded. Standard grading operations will comply with the following criteria: 1) All grading criteria associated with moderate grading operations will apply. 2) Existing landforms may be significantly altered or eliminated to create building sites. 3. General Grading Principles and Guidelines General shapes of landforms in nature are fairly consistent. Ridges erode creating a "U" like form. Valleys and drainage courses are cut in the land and create a steeper "V" like form. This understanding and incorporation into grading design naturalizes and blends graded areas into existing ground. Mass grading, like detailed grading, should be an artful process. Planning and design should consider both vertical and horizontal movement. Existing landforms and site characteristics should drive grading concepts and placement of built elements. Landform grading should be used instead of conventional grading wherever possible. a. The basic landforms of the site, as depicted in Appendix A, should be maintained. Existing landforms may be re- graded as necessary for development so long as the overall site character is retained. b. Manufactured slopes should resemble natural landforms and blend in with the existing topography. Harsh angular lines should be avoided, where practicable, in favor of slope rounding techniques to create a seamless transition between existing and altered terrain. 8 1 P a g e STANDA NOSE O Exhibit C - Slope Rounding ROUNDED CUT EDGES CUT SLOPE EDGE CONFORM TO -- nrrcnRa UNNAIUKAL tCONS TANT.2;UCRADIENT RD CUT INTO \ / R RIDGEUNE THE EXIS` VARIETY IN UNDULATION AND GRADIENTS CREATE A NATURAL APPEARANCE AND PLEASING LANDSCAPE ENVIRONMENT 3.1 r 21�. Conventional Grading Landform Grading c. Variation and combination of slopes, i.e. 2:1, 3:1, and 4:1 (50 %, 33 %, 25 %), etc. should be used to create a more natural character within graded areas where soil conditions and ability to landscape allow. Large graded slopes with a constant gradient are discouraged. 91 Page Exhibit D - Slope Variation STRAIGHT COP AND CONSTAI APPEAR ENGIP UNNATURAL 0 �ST'�l2 /` � TOURS E GRAD!ENTS EERED AND ROUNDED CONTOURS EMULATE EXISTING TERI VARIETY IN UNDULATION AND GRADIENTS CREATE A NATURAL APPEARANCE AND PLEASING LANDSCAPE ENVIRONMENT w a Conventional Grading Landform Grading d. The maximum gradient of any manufactured slope should not exceed 2:1 (50 %). Slopes as steep as 1:1 (100 %) and as high as ten feet without offsets or benches may be permitted under certain circumstances and on a case -by -case basis where geologic or aesthetic conditions allow, or if best management practices warrant and if certified by a professional geotechnical engineer and approved by the City Engineer. e. Grading necessary for roadways, public facilities, drainage improvements, open space recreational facilities and their supportive uses should be sensitive to the existing topography. Grading techniques should restore these areas to a natural appearing state as much as possible. f. Significant natural features such as visually sensitive ridgelines shown on Appendix A, should be preserved or reinforced to the greatest extent possible and incorporated into the development design. 101 Page g. Grading on sites next to the BLM property /Eagle Regional Park, other regional open space, and property boundaries adjacent to undeveloped lands should blend with the characteristics of the existing landforms as much as possible. 4. Specific Grading and Siting Guidelines a. Streets and Roadways 1) Street alignments should be designed to relate to natural or manufactured topography. Roads running perpendicular to existing contours on steeper slopes should be avoided. Exhibit E - Road Grading ROUNDED CONTOURS AND UNDULATING SLOPES CREATE A PLEASING ROADSCAPE- STRAIGHT SLOPE BANK HEIGHTENS MONOTONY , OF ROADWAY LANDSCAPE i 66 r Conventional Road Grading Landform Road Grading 111 Page 2) Streets should move creatively on and around ridge forms. Ridgelines and ridge tops should be visible occasionally above adjacent roadways. Exhibit F illustrates how roads should integrate into the existing topography Exhibit F - Road Integration FLAT AREA CREATED _- A7 INTERSECTIONS 3) All grading within ACHD roadway prisms shall be built to ACHD standards unless alternate street standards are approved by the City and ACRD. Variations from dimensional standards, alternative cross sections, alternative intersection spacing, multi- tiered divided streets with sloping medians, reduced radius criteria, and increased street gradients, and other alternative designs may be used to preserve existing topography and minimize impacts of grading if approved by ACRD, the City, and the applicable emergency service districts. 4) After the completion of grading, the timing of road construction and paving shall be in accordance with ACHD standards and ITD standards, if applicable. 121 Page . / . ter' •� - FLAT AREA CREATED _- A7 INTERSECTIONS 3) All grading within ACHD roadway prisms shall be built to ACHD standards unless alternate street standards are approved by the City and ACRD. Variations from dimensional standards, alternative cross sections, alternative intersection spacing, multi- tiered divided streets with sloping medians, reduced radius criteria, and increased street gradients, and other alternative designs may be used to preserve existing topography and minimize impacts of grading if approved by ACRD, the City, and the applicable emergency service districts. 4) After the completion of grading, the timing of road construction and paving shall be in accordance with ACHD standards and ITD standards, if applicable. 121 Page 5) The width of the graded section shall extend three feet (3') beyond the back of curb or edge of pavement on both the cut and fill sides of the roadway to provide an adequate shoulder for health and safety. If a sidewalk is attached to the curb, the graded section shall be increased by the width of the sidewalk plus one foot (1) beyond the back of curb. Detached sidewalks may be grade- separated from curbs so long as a three foot (3') shoulder is maintained, otherwise, approval from the City Engineer will be required. 6) All asphalt roads shall include an edge treatment such as, but not limited to, vertical curb, modified vertical curb, rolled curb or ribbon curb or compacted shoulder. b. Development Pads /Lots 1) Lot lines shall be set at the top of a slope unless the down slope is a common lot in which case the lot line may be set at the bottom or along the slope when a drainage easement is in place on the down slope common lot. Deviations must be approved on a case by case basis by the Zoning Administrator. 2) When set at the top of a slope, property lines should generally be set back a minimum of two feet (2) from the rounded hinge point at the top of any manufactured slope unless grade- adaptive design techniques are incorporated. See Exhibit G for an illustration of this concept. Exhibit G - Lot Line at Top of Slope H X w (-W Oz Xr n 131 Page 3) When the lot line is set at the bottom or along the slope a swale, ditch, or other drainage collection system may be installed at the lot line to limit cross lot drainage. Drainage collection may not be necessary if a drainage easement is provided. Setbacks for structures shall be the same as if the lot line were located at the top of the slope. For an illustration of the concept, see Exhibit H. Exhibit H - Lot Line Along Slope MM 4) Structures shall be set back a minimum of five feet (5') from any property line adjacent to a slope or as set forth in section 1805.3 of the International Building Code, whichever is greater. Alternate setbacks are permitted as determined by the recommendation of a geotechnical engineer in an approved soils report and with approval of the City Engineer. For an illustration of this concept, see Exhibit I. 141 Page Exhibit I - Minimum Slope Setback Example The IBC states that the setback of a structure at the top of a slope should be at least H /3, where H =the height of the slope, and the setback at the toe of the slope should be H /2. In the example shown above the height of the slope is thirty feet (H =30'), thus, the setback at the top of the slope is ten feet (H /3) and the setback at the bottom of the slope is fifteen feet (H /2). 5) Grading within natural custom lots in the Southern and Southwestern Planning Areas should generally be limited to pre- determined and defined building envelopes. See Exhibit J for an example of a building envelope. Exhibit J - Building Envelope Example UNDISTURBED ARI 5 GRADED AREA- ---� . IT! v j T Aj F, BUILDING ENVELOPE LIMIT OF DISTURBANCE 15 1 Page 6) Lot design should provide a pad with contoured transitional edges that blend into existing topography. Exhibits K, L, and M show examples of landform grading for lots with flat pads, grade adaptive pads, and a building envelope. Exhibit K - Flat Pad Design PROPOSED ROUNDED CONTOURS EMULATE w SITE WALLS IF 2:1 MAXIMUM — SIDE YARD SLOPES Exhibit L - Grade Adaptive Pad Design w PROPOSED ROUNDED CONTOURS EMULATE SITF WAI 1 S IF NFFnFn 2:1 MAXIMUM Le SIDE YARD SLOPES EXISTING TOPOGRAPHY T FLAT BUILDING PAD WITH EDGES THAT TRANSITION INTO EXISTING TOPOGRAPHY SPLIT PAD TAKES UP GRADE THROUGH THE STRUCTURE AND PRESERVES AND BLENDS THE HOME INTO EXISTING TOPOGRAPHY. EXISTING TOPOGRAPHY 161Page Exhibit N mr � f ., arccl f n - N13 ('OI11 panics 33 li;. RiN crsicic Drk c, Suite I I (l " f y� v Pry. - I. gw- i r, ' IX re 11'(��1 h�: �th•.� ,fir )- r II .- � If i� � tlJ. a c�V. i ��,*' , f } 17.511 Fro ii Sti-c 1, �iiii( tUO tNlt Bo isc. Idaho ► h 3711?1P:. (208) 344-014 1 r •,•`'> -f t TABLE OF CONTENTS EXECUTIVESUMMARY ................................................................. ............................... ES -1 1.0 Introduction .................................................................................... ............................... l 2.0 M3 Eagle ........................................................................................ ............................... 2 3.0 Project Background and Goals of the HMP ................................... ............................... 6 ............................................................................... .............................17 3.1 M3 Eagle Pre - Annexation and Development Agreement ... ..............................6 5.3 Special Status Species ......................................................... .............................18 3.2 Habitat Areas of Special Concern ........................................ ..............................7 7.0 Habitat Mitigation Plan ................................................................ ............................... 26 3.3 Goals and Objectives of the HMP ....................................... ..............................7 4.0 Methods .......................................................................................... .............................10 ..........27 7.3.1 Low Density Development and Building Envelopes .......................27 4.1 Pre -field data collection ...................................................... .............................10 7.3.2 Recreation Management Plan .............................. .............................28 4.2 Field Investigations ............................................................. .............................10 7.4 Mitigation ............................................................................ .............................29 4.2.1 Vegetation Cover Type Classification ................ .............................11 7.4.1 Establishing Wildlife Movement Corridors ........ .............................30 4.2.2 Habitat Condition Classification ......................... .............................11 4.2.3 Species in Need of Conservation ........................ .............................12 5.0 Results ............................................................................................ .............................12 5.1 Vegetation ........................................................................... .............................12 5.2 Wildlife ............................................................................... .............................17 5.3 Special Status Species ......................................................... .............................18 6.0 Impact Analysis ........................................................................... ............................... 23 7.0 Habitat Mitigation Plan ................................................................ ............................... 26 7.1 Achieving Open Space Goals ............................................. .............................26 7.2 Avoiding Impacts to the HASC .......................................... .............................26 7.3 Minimizing Impacts to the HASC ....................... ..........27 7.3.1 Low Density Development and Building Envelopes .......................27 7.3.2 Recreation Management Plan .............................. .............................28 7.3.3 Construction Procedures ..................................... .............................28 7.4 Mitigation ............................................................................ .............................29 7.4.1 Establishing Wildlife Movement Corridors ........ .............................30 7.4.2 Fencing ................................................................ .............................33 7.4.3 Revegetating Manufactured Slopes ..................... .............................34 7.4.4 Establishing Wetland and Riparian Habitat Areas ...........................36 7.4.5 Preventing Noxious Weeds ................................. .............................38 7.4.6 Minimizing the Effects of Fire ............................ .............................41 7.4.7 Preservation of Regional Open Space Outside of the HASC ........... 41 7.5 HMP Implementation .......................................................... .............................43 7.5.1 Funding Options for Continued Open Space Management .............43 7.5.2 Monitoring Plan ................................................... .............................44 8.0 Conclusion ................................................................................... ............................... 46 9.0 References ...................................................................................... .............................48 M3 Eagle i Master Habitat Mitigation Plan January 2010 LIST OF TABLES Table 1. Goals and Objectives of the Habitat Mitigation Plan Table 2. Seral Stages and Transitions for the Classical Linear Succession and Habitat Condition Model in the Sagebrush -Grass Vegetation Type Table 3. Vegetation Cover Types of the M3 Eagle Property Table 4. Habitat Types and Vegetation Condition Classes of the M3 Eagle Property Table 5. Special Status Species Known or Suspected to Occur in the M3 Eagle Property Table 6. Summary of Impacts to Habitat and Wildlife in the HASC Table 7. Types and Amounts of Open Space in the Project Table 8. Noxious Weed Occurrences on BLM Administered Public Land in Ada County LIST OF FIGURES Figure 1. M3 Eagle Vicinity Map Figure 2. M3 Eagle Planning Areas Figure 3. M3 Eagle Conceptual Master Open Space Plan Figure 4. Distribution of Vegetation Cover Types on the M3 Eagle Property Figure 5. Habitat Conditions by Vegetation Type within the M3 Eagle Property Figure 6. Potential Wildlife Movement Corridors Figure 7. Low Density Development in Southern Planning Area Figure 8. Wildlife Crossing Fence Designs Figure 9. Potential Exchange Lands LIST OF APPENDICES Appendix A Northwest Ada County Big Game Survey Summary 2009 (Map 9) Appendix B Wetland Construction Concept Plan M3 Eagle ii Master Habitat Mitigation Plan January 2010 EXECUTIVE SUMMARY This Habitat Mitigation Plan (HNT) provides long -term management goals, guidance, and implementation measures to address development within Habitat Areas of Special Concern (HASC) within the M3 Eagle property (Property) as identified in the Pre - Annexation and Development Agreement (DADA) between the City of Eagle and M3 Eagle. The agreement describes the HASC as lands that are environmentally constrained for development. The HMP identifies areas where mitigation is required, the type of mitigation actions required, and the rationale for such actions. The HMP also details plans to minimize and mitigate adverse impacts to wildlife habitat values and native plant associations from development within the HASC. Implementation of the HMP will be on a Planning Unit by Planning Unit basis. This approach will provide an adaptive wildlife habitat management program that responds to market and environmental conditions that could change over the full build -out of the project. M3 Eagle is a proposed master planned community (the Project) consisting of 6,015 acres in the North Eagle Foothills (Project). It is planned for a maximum of 7,153 dwelling units and 245 acres for non - residential use. The project will contain a minimum of 1,200 acres (20 percent) as open space with a goal of 2,400 acres (40 percent) as open space. Regional and community open spaces are planned to conserve high quality habitats and create new habitat opportunities. Non -native grassland is the dominant habitat type within the Property. Grasslands comprise 5,413 acres (90 percent) of the site while shrubs comprise 420 acres (7 percent) and disturbed lands (agriculture and development) comprise 180 acres (3 percent). Only 2 acres of riparian communities are present. Over 5,542 acres (92 percent) of the habitat on the Property is in poor to marginal condition while the remainder is in satisfactory to good condition. A variety of wildlife species occur or have the potential to occur on the Property, however, the Property provides marginal habitat values for most native wildlife due to the overall poor condition of the vegetation communities, lack of shrub cover, relative lack of key forage and browse species, and presence of invasive vegetation. This condition is a result of repeated disturbances, including historic grazing and wildfires. A plant referred to locally as slickspot peppergrass (Lepidium papilliferum) is known to occur on the Property and elsewhere in the North Eagle Foothills. This species was recently listed as threatened under the Endangered Species Act (ESA) of 1973 by the U.S. Fish and Wildlife Service. However, ESA regulations for this plant do not apply to private lands and removal of habitat or individual plants on private land incidental to development is not prohibited. The majority of the areas where this plant species occurs on the Property will be preserved as regional open space. M3 Eagle ES -1 Master Habitat Mitigation Plan January 2010 The Property does not support habitat or occurrences of any other plant or wildlife species currently listed under the ESA. There are known occurrences and habitats on the Property for several other species identified by the State of Idaho as species in need of conservation. The City of Eagle, in cooperation with the Idaho Department of Fish and Game (IDFG), identified HASC on the property totaling approximately 1,160 acres. These areas generally contain mature, but isolated sagebrush stands and/or higher quality native vegetation that supports various wildlife species. Further analysis of the HASC by URS indicates 212 acres (18 percent) of these areas are in good or satisfactory condition while 948 acres (82 percent) are in poor or marginal condition, including 103 acres of farmland These areas have been finther refined through field surveys by URS biologists. Development will occur on approximately 560 acres (48 percent) of the HASC. The sagebrush stand in the Southwest Planning Area may be fully or partially removed. Some of the habitat in the Southern Planning Area may also be removed or disturbed. Potential impacts within the HASC include habitat alteration, traffic, noise, disturbance, displacement, and mortality of wildlife. The HUT for the HASC contains the following key provisions: Approximately 600 acres (51 percent) of the HASC will be preserved as natural open space. Of these, approximately 480 acres of the HASC will be preserved in large blocks of public regional open space near Willow Creek Road through land exchange with the Bureau of Land Management (BLM), open space donation to the City, conservation easement, and/ or deed or covenant restrictions. An additional 120 acres of the HASC will be preserved on residential lots outside of building envelopes. These preservation areas contain some of the highest quality habitat on the property and provide connectivity between parcels of public land administered by the BLM to meet the needs of wildlife. 2. The HASC preservation areas east of Willow Creek Road support the majority of good and satisfactory habitat on the property including: • Relatively diverse native plant communities; • The only occurrence of riparian habitat in the Property; • Known occurrences of special status plants; • Areas of abundant mule deer use; • A diversity of upland game birds, raptors, and other migratory birds. M3 Eagle ES -2 Master Habitat Mitigation Plan January 2010 3. Development within the HASC in the Project's Southern Planning Area will consist primarily of low- density housing on large (2+ acre) lots. Structures and development on many of these lots will be confined to designated building envelopes to retain existing vegetation and maximize open space contiguity. Building envelopes will minimize impacts in the HASC by retaining open space. Areas outside the building envelopes will be kept in their natural (existing) state, planted in vineyards or pastures, or planted with naturalistic landscaping in accordance with the M3 Eagle Design Criteria. In the event that a wildfire impacts these areas, they would be stabilized through plantings and seedings to match surrounding unburned areas or restored to their previous state. 4. Landscape guidelines will be developed that emphasize the use of plants native to the region. Manufactured slopes will be revegetated with regional native vegetation or other plants favorable to regional wildlife or that mimic the structure and functionality of regional native plants. 5. Open spaces, including parks and conservation areas, will be positioned strategically to incorporate valuable habitat and provide contiguity and connection with larger habitat areas. A minimum of 20 percent (1,200 acres) of the Project will be devoted to open space. The goal of the Project is to have at least 40 percent (2,400 acres) devoted to open space. 6. A recreation management plan will minimize potential impacts to wildlife, sensitive habitat areas, and special status plants in the HASC and vicinity, as appropriate. Recreation that is not compatible with critical wildlife and native plant objectives will be restricted in open space areas. 7. Open space corridors will be established to provide for wildlife movement. Road crossings, either separated or at- grade, will be provided at strategic locations to reduce conflicts with vehicles and facilitate such movement. 8. Fencing within and adjacent to preserved HASC areas and other natural open space areas of the Project will generally be placed strategically to limit hazards and construct a community permeable to wildlife. Wildlife friendly fencing would funnel wildlife into designated road crossing points where a combination of fence modifications and traffic control measures will minimise collisions. Fence designs in other areas will exclude wildlife from potentially hazardous situations. M3 Eagle ES-3 Master Habitat Mitigation Plan January 2010 9. Construction procedures will be enforced in the HASC to minimize direct and indirect impacts to wildlife. 10. M3 Eagle will provide, subject to the terms and conditions of the PADA, 320 acres in a parcel at the eastern portion of the property and outside of the HASC for regional open space preservation. This may be accomplished through land exchange with the BLM, open space donation to the City, conservation easement, and/or deed or covenant restrictions. This area contains good quality habitat and two known species of special status plants. This parcel abuts public land (BLM) and will add to the permanent continuity of natural open space for wildlife in the foothills. These 320 acres will be combined with the 480 acres ofpreserved HASC lands described in Item 1 above and, pending the Recreation and Public Purposes Act application, 1,915 acres of BLM lands to the south to form the proposed Eagle Regional Park totaling 2,715 acres. M3 will provide another 80 acres of land along Willow Creek Road to form a regional open space and trail corridor for a total of 880 acres of Project lands designated for the proposed Eagle Regional Park and regional trail corridor. 11. The Project will create approximately 50 acres of open water (lakes, ponds, and other drainage features) and 40 acres of riparian habitat within the Property. The surface water of lakes, ponds, and drainage corridors will resemble the seasonal hydrology of southwestern Idaho's non- nvenne wetlands and water features will be planted along the margins in many areas with native emergent and woody vegetation, creating valuable wildlife habitat. In addition, a 6 -mile regional park, trail, and open space corridor stretching from one end of the community to the other will be created with riparian areas 40 to 100 feet wide. Emergent wetland plants and native woody shrubs will provide excellent cover, food, and nesting habitat for a variety of wildlife. Wetland construction in the Project will also help meet the objective of the Bird Conservation Plan for Non - Riverine Wetlands in Idaho, which calls for "...a net increase in the number of acres of wetlands in Idaho, focusing on the same types and amounts that historically occurred here', and Idaho's Comprehensive Wildlife Strategy, (IDFG 2005) which identifies wetland construction as a high priority. 12. M3 will establish an open space fund in cooperation with the City of Eagle to be used solely for regional open space management associated with lands within the Project. Notwithstanding the foregoing, some of these funds may be used for habitat enhancements in other regional open space areas subject to approval from M3. 13. M3 will implement a noxious weed abatement and management plan to control the spread of existing noxious weeds and to prevent the establishment of new populations M3 Eagle ES-4 Master Habitat Mitigation Plan January 2010 of noxious weeds. Weed management zones will be delineated based on the presence and extent of noxious weeds on the property and management approaches will be developed for each zone. 14. The Project will reduce the potential for fire to consume wildlife habitat in or around the HASC by establishing defensible space around homes and enhancing resident and visitor awareness. 15. M3 will establish a monitoring program that tracks the provisions of this HUT. In summary, development within the HASC will be mitigated by implementation of the HMP, as outlined in Section 7. Some of the sagebrush stands and other vegetation will be removed but their loss will be offset by: 1. Dedication and preservation of the highest quality areas within the HASC as permanent open space 2. Preservation of good quality regional open space within the Project, but outside of the HASC, that will extend the potential for habitat connectivity with the proposed Eagle Regional Park. 3. Creation of new wetland habitats. 4. Revegetation of designated manufactured slopes with shrubs, grasses, and herbs native to the region capable of providing cover and food to an array of existing wildlife, or other plants favorable to regional wildlife. 5. Creation of a permanent fund for regional open space management. 6. Creation of a monitoring plan to gauge the success of the HUT. 7. Preservation of existing and/or creation of new wildlife movement corridors. Implementation of a noxious weed abatement plan. M3 Eagle ES-5 Master Habitat Mitigation Plan January 2010 1.0 INTRODUCTION The North Eagle Foothills have been designated by the City of Eagle as an Area of Critical Concern for topographic, ecological and scenic significance. The City, in cooperation with the Idaho Department of Fish and Game (IDFG), identified several portions of the M3 Eagle property (Property) as environmentally significant for their habitat value, herein defined as the Habitat Areas of Special Concern (HASC). The HASC are considered constrained lands for development purposes. The M3 Eagle Pre - Annexation and Development Agreement (DADA) requires the submission and approval of a Habitat Mitigation Plan (HMP) for the HASC prior to development on such lands in order to establish the appropriate actions that will help minimize the effects of such development. This HMP provides long -term management goals, guidance, and implementation measures to address development within the HASC. It identifies areas where mitigation is required, the type of mitigation actions required, and the rationale for such actions. The HMP also details measures to minimize and mitigate adverse impacts to wildlife habitat values and native plant associations from development within the HASC and outlines funding options for long -term open space management and monitoring of the mitigation program. Implementation of the HMP for the HASC will be on a Planning Unit by Planning Unit basis. This approach will provide an adaptive wildlife habitat management program that responds to market and environmental conditions that could change over the full build -out of the Project. This HUT culminates several years of environmental studies that URS Corporation (URS) and others have completed on behalf of the M3 Companies (M3), the developer of the Project, to gain insight into the ecological relationships and natural resources present on their property. This HMP has also been developed with input from the IDFG and the City of Eagle. This document contains the following sections: • Section 2 describes the Project and the Property; • Section 3 reviews the requirements of the PADA with respect to habitat mitigation and sets forth the goals and objectives of the HMP; • Section 4 describes the methods used in the analysis of existing habitats in the Property; • Section 5 summarizes the results of the habitat study; • Section 6 describes potential impacts of the Project on wildlife and plants in the HASC; and • Section 7 describes the HMP. M3 Eagle 1 Master Habitat Mitigation Plan January 2010 2.0 M3 EAGLE M3 Eagle (the Project) is a comprehensive master planned community that will provide a variety of housing, jobs, recreational, educational, equestrian, open space, and cultural opportunities integrated into the City. The Project totals approximately 6,015 acres located northwest of downtown Eagle, Idaho, between State Highway 55 (SH -55) and State Highway 16 (SH -16) (Figure 1). The Project has been approved by the City for a base density of 0.5 units per gross acre, or 3,003 dwelling units, and 245 acres of non - residential use. Density bonuses may be granted by the City according to the provisions in the PADA. Such bonuses would permit up to 1.19 units per gross acre, totaling 7,153 dwelling units for the entire property. The Project is being planned as five different planning areas which differ in character and intensity: the Big Gulch Area, Northern Residential Area, Southern Residential Area, Southwestern Residential Area, and Highway/Mixed Use Area (Figure 2). The Conceptual Master Open Space Plan is designed to work with topography, open space opportunities, habitat constraints, and land use and circulation patterns (Figure 3). The Project will contain a minimum of 1,200 acres (20 percent) as open space with a goal of 2,400 acres (40 percent). Regional and community open spaces are planned to conserve and create high quality habitats and meet the needs of wildlife. Land use patterns surrounding the Project include: • A mixture of farmlands, rural residential areas, and BLM administered public land to the south; • A mixture of residential and BLM administered public land to the west; • Rangeland and agricultural land with scattered rural homes to the north; and • A combination of rangeland, rural residential development, and agricultural lands to the east. M3 Eagle 2 Master Habitat Mitigation Plan January 2010 a w d d i �o 0 N ti 9 a a a o � i ;x a w eV IT 0 N I a 0 m ad tj 0 u O LO 6 C < ti N Z CL O 2 Z O L 0 N v W '" W Q Z to v W O W a a W a z5 Zj p OO Y < d M N < oc 4 H Z Q U W 0 LL o �+ Z 5 Id -,j U Z i M m m Q CL oN1c ��w c o 0 Q) 00 Ul si 0 N G cu °a.9 L 0 N :D a. W W Q Z to v W O W a a W a O Zj p Wui d M N o m � W d �o 0 N v W a a O d V a Q U W a c� o m M � M 3.0 PROJECT BACKGROUND AND GOALS OF THE HMP 3.1 M3 Eagle Pre - Annexation and Development Agreement The City of Eagle approved the PADA on December 18, 2007. Section 1.6 of the agreement provides for a maximum base project density (Pre- Mitigation Density) of 5,127 dwelling units prior to conversion of constrained lands to unconstrained lands. Constrained lands are defined as slopes over 25 percent, lands within a floodplain, and HASC. The previous approval of Grading Guidelines and Hillside Development Standards for the Project by the City, and the issuance of a Conditional Letter of Map Revision for the Project by FEMA, served to convert constrained lands due to slope and floodplain to unconstrained lands. Approval of this HMP will convert constrained lands due to HASC to unconstrained lands in order to achieve the maximum density of 7,153 dwelling units. Prior to approval of the HMP, development within the HASC is limited to a maximum density of 0.2 dwelling units/acre. Section 2.7 of the PADA states: "A Habitat Mitigation Plan that addresses development within Constrained Lands, as generally identified on Exhibit Mas Habitat Areas of Special Concern, shall be prepared by the Developer in cooperation with City. The Habitat Mitigation Plan shall identify areas where Mitigation is required, the type of Mitigation actions, if any, required, and the rationale for such actions. City and Developer may coordinate, cooperate, and consult with other agencies in the development and review of the Habitat Mitigation Plan, but approval authority for the Habitat Mitigation Plan shall rest solely with City based on standards commensurate with such Habitat Mitigation Plan(s) and based on findings that demonstrate a rational nexus. Nothing in the Habitat Mitigation Plan may be construed as either incorporating state and/orfederal standards and/or regulations that are not applicable to the Property or otherwise conferring any approval authority for the Habitat Mitigation Plan to any state or federal agency. The Habitat Mitigation Plan shall be submitted to City prior to Developer's submission to City of the first Planning Unit Master Plan. Implementation of such Habitat Mitigation Plan shall be on a Planning Unit by Planning Unit basis. The Pre - Mitigation Density for any Planning Area shall not be increased until such Mitigation Plans are approved. " Nothing in this HMP shall supersede the provisions of the PADA. In the event of a conflict between the provision of the HMP and those of the PADA, the provisions of the PADA shall govern. M3 We 6 Habitat Mitigation Plan January 2010 3.2 Habitat Areas of Special Concern The City of Eagle, in cooperation with IDFG, has identified HASC on the property totaling approximately 1,160 acres occurring in two large blocks. One block (55 percent of the HASC) falls mostly within the Southwestern Planning Area of the Project, which is primarily planned for low density housing at a gross density 0.74 dwelling units per acre, and also includes small portions of the higher density Big Gulch and Northern Planning Areas. The gross housing density proposed in these planning areas is 2.97 and 1.65 dwelling units per acre, respectively. The other block (45 percent of the HASC) falls within the Southern Planning Area which is planned for low density housing at a gross density of 0.06 dwelling units per acre. The HASC include mature, but isolated sagebrush stands and/or higher quality native vegetation that support various wildlife species. Further biological field surveys and studies of the HASC have refined and classified its habitat and vegetation cover and condition. These surveys have determined that only 213 acres (18 percent) of the HASC are in good or satisfactory condition while 843 acres (73 percent) are in poor or marginal condition. The remaining portion of the HASC is in cultivated crop land totaling 103 acres (9 percent). Development within the HASC will be mitigated by implementation of the HMP described in Section 7. Some or all of the sagebrush stands in the Southwestern Planning Area of the Project will be removed, but their loss will be more than offset by: 1) establishment of an open space fund that could be used for off -site habitat restoration; 2) dedication and preservation of high quality habitat areas as permanent open space; 3) creation of new wetland habitats; 4) implementation of a noxious weed abatement program; 5) recreation management; and 6) a variety of other techniques to avoid, minimize, and mitigate impacts in the HASC (Section 7). Figures 2 and 3 show the HASC as defined by Exhibit M in the PADA, and display proposed development areas that could affect them. 3.3 Goals and Objectives of the HMP This HMP establishes eight long -term goals and a corresponding set of objectives to meet each goal. Table 1 summarizes the goals and objectives of the HMP. M3 Eagle 7 Habitat Mitigation Plan January 2010 Table 1. Goals and Objectives of the Habitat Mitigation Plan Goals Objectives Avoid, minim and mitigate impacts to • Avoid impacts to HASC where practicable HASC• or desirable. • Minimize impacts to HASC where they can not be avoided. • Mitigate impacts to HASC through actions within the Property that offset unavoidable Provide and preserve substantial portions • Provide a minimum of 20% (1,200 acres) of the Project in various fors of open open space overall with a goal of achieving space for wildlife utilization. 40% (2,400 acres) open space. • Maintain at least 50 percent of the areas within the HASC as open space. • Preserve the highest quality vegetative areas as permanent open space. • Preserve natural open space, to the extent feasible, in large blocks to optimize wildlife utilization. • Utilize building envelopes in residential areas with large lots to preserve natural open ace. Establish new riparian habitats within the • Create lakes, ponds, and other wetland areas community. with hydrology that resembles natural wetland hydrology of the region. • Establish regional native wetland and riparian vegetation in and around constructed wetlands. • Provide for wildlife movement • Provide strategic wildlife movement throughout the Project corridors within the community. • Utilize building envelopes and minimize fencing in large lot residential areas. • Provide wildlife crossings and speed controls along roadways where wildlife collision potential is hilth. M3 Eagle 8 Habitat Mitigation Plan January 2010 Table 1. Goals and Objectives of the Habitat Mitigation Plan Goals I Objectives Revegetate manufactured slopes to restore native plant communities. Prevent the establishment of new noxious weed species and the spread of existing noxious weeds, and reduce noxious weeds where practical. Minimize the effects of fire on the community and the landscape. Establish a firewise plan. Provide long -term funding for the projects necessary to meet the goals and objectives of the HMP and establish a program for long -term monitoring and management. M3 Eagle Habitat Mitigation Plan • Conserve and retain topsoil during construction. Reapply topsoil prior to planting. • Utilize regionally native plant material and other desirable species for revegetating manufactured slopes. • If regional native plant materials or other desirable species are not available, utilize plant materials favorable to regional wildlife or that mimic the structure and function of regional natives. • Incorporate plant mixes specific to ecological site conditions. • Plant manufactured slopes within 1 year following completion of construction, in accordance with the M3 Eagle Grading Guidelines and Hillside Development Standards, and make significant progress toward plant establishment goals within 5 • Implement a noxious weed abatement plan. • Implement construction precautions that limit weed establishment and spread. • Meet or exceed International Urban - Wildland Interface Code (IUWIC) requirements and Firewise Community standards. • Establish a range of options for creating a long -term funding mechanism. • Establish an ongoing habitat monitoring program to gauge the success of the HUT and prepare annual monitoring reports. • Provide annual monitoring during the initial phase of restoration until vegetation is established and monitor at 5 -year intervals thereafter, as needed, in perpetuity. 9 January 2010 4.0 METHODS The analysis of existing habitats on the Property involved a review of existing literature and data along with field investigations performed by biologists over several years. This section demonstrates the methods used in completing the studies. 4.1 Pre -field data collection Biologists reviewed relevant literature and data to provide context, background, and a foundation upon which to base field investigations, habitat determinations, and mitigation elements. o Literature Review • Idaho Comprehensive Wildlife Conservation Strategy (IDFG 2005) • Atlas of Idaho's Wildlife (IDFG 1997) • Ada County Soil Survey (USDA 1977) • Ecological Site Descriptions (MRCS 2006) • National Vegetation Classification System (Grossman, et al. 1998) o Data Review • Aerial imagery taken specifically for the Project at high resolution. • Special status species occurrence data (CDC 2005). • Winter mule deer counts (IDFG 2007) • Northwest Ada County Big Game Survey Summary (ECS & WCR 2009) • Biologists created a preliminary vegetation cover classification and special status species location map using existing literature and data. 4.2 Field Investigations Biologists surveyed the Property multiple times from 2005 through 2009. Seasonal field investigations captured vegetation data and wildlife observations during the growing season and wildlife data during the winter. The objectives of the field investigations were to: • Improve the vegetation cover type classification; • Determine habitat and condition; • Survey for special status species; • Record all wildlife observations. During the field investigations, biologists kept detailed notes regarding wildlife observations, plant associations, noxious weeds, and land use patterns. Locations and characteristics of relevant observations were recorded with cameras and Global Positioning Systems. A Habitat Study and Natural Features Analysis report was prepared by URS that summarizes field investigations conducted in 2006 (URS 2006). M3 Eagle 10 Habitat Mitigation Plan January 2010 4.2.1 Vegetation Cover Type Classification Biologists surveyed the Property by vehicle and on foot to refine the preliminary map of major vegetation communities derived from aerial photography. 4.2.2 Habitat Condition Classification Biologists surveyed the Property traversing a series of transects to classify the condition of habitats. Habitat conditions are based on the percent cover of key plant species estimated visually in the field. Four habitat conditions are classified: good, satisfactory, marginal, and poor. These condition ratings are based on the degree to which a plant community resembles the potential native plant community. These conditions represent a sliding scale from good habitat to poor habitat according to the criteria in Table 2. Table 2. Seral Stages and Transitions for the Classical Linear Succession and Habitat Condition Model in the Sauebrush -erase Vegetation 7bne M3 Eagle 11 Habitat Mitigation Plan January 2010 native perennial grass >50% cover GOOD sagebrush <50% cover Dominated by native species, with only limited (Potential Natural Community) occurrences of non -native invasive annual grass and forbs. It has slight to no departure from potential natural community. sagebrush >50% cover SATISFACTORY native perennial grass <50% cover Dominated by native species, with sub- dominant (Late Seral) population of non-native invasive annual grass and Y e forts It has a slight to moderate departure from potential natural community. sagebrush and/or non - native grass dominant (Mid- -seral) MARGINAL Co- dominated by native and non - native species. It mustard and other annual forbs dominant, has high departure from potential natural community sagebrush present (Early - Mid - seral) POOR Dominated by non -native invasive annual grass annual weeds on bare soil, perennial vegetation absent and forbs species and little or no remaining natural (Early seral) vegetation. It has extreme departure from potential natural community. M3 Eagle 11 Habitat Mitigation Plan January 2010 Source: (Allen -Diaz and Bartolome 1998) 4.2.3 Species in Need of Conservation The Idaho Comprehensive Wildlife Strategy (ICWCS) identifies "species of greatest conservation need" and the Idaho Conservation Data Center (CDC) maintains a database of occurrences. Biologists reviewed the CDC database and performed a presencelabsence survey for the associated species by walking meandering transects through the Property. Transects were focused in areas of the occurrences identified by the CDC and areas that exhibited high habitat potential. The locations of all special status species encountered during surveys were documented on topographic maps and/or with a Global Positioning System, and habitat conditions were documented with photographs. 5.0 RESULTS This section summarizes relevant information from the literature and data review and reports the findings of the field investigations conducted at the Property between the spring of 2005 and the spring of 2009. 5.1 Vegetation URS biologists identified four primary vegetation cover types within the Property (Table 3 and Figure 4), grassland, shrub, riparian, and disturbed. Plant communities are overwhelmingly grasslands with some scattered shrub communities. Riparian communities are small and isolated but generally have the greatest biodiversity (number of species per unit area) of any community. The disturbed category includes agricultural lands, residential development, and other areas of human - caused surface disturbance. Table 3. Vegetation Cover Types of the M3 Eagle Property Ma A Grassland 5,413 (90%) 834(72%) Shrub 420(7%) 220(19%) Riparian 2 ( <1 %) 2 (Q' /o) Disturbed 180 (3 %) 103(9%) Total 6,015 1,159 •HASC is an acronym for Habitat Area of Special Concern • Grasslands are dominant on the Property and are mostly non - native annual grass communities. Native grasslands are dominated by a variety of perennial M3 Eagle - 12 Habitat Mitigation Plan January 2010 bunchgrass species and are generally limited to small, isolated patches on steeper north and east facing slopes. • Shrub communities on the Property are scattered in unconnected patches. Sagebrush is the dominant shrub present. Shrub patches in the Southwestern Planning Area and HASC are connected, in part, to shrub patches in adjacent public lands. • There are approximately 2 acres of riparian plant communities on the Property, occurring in the HASC east of Willow Creek Road. Neither Big Gulch nor Little Gulch support riparian vegetation within the Property. • Approximately 180 acres of the Property has been either cultivated or developed. Alfalfa was the primary crop observed during the field investigations. Development is generally low density residential with five homes and associated pastures on 10 -acre lots located on the Property next to SH -16. Table 4 quantifies the results of the habitat condition classifications on the Property and relates the URS habitat type condition classification to those documented in the ICWCS (IDFG 2005). The ICWCS habitat type column in Table 4 allows the reader to associate each habitat type on the Property with information in the Strategy. Nearly all of the habitat on the Property and HASC (92 and 82 percent respectively) is in poor to marginal condition because the plant communities display an extreme departure from their potential natural plant community (Figure 5). M3 Eagle 13 Habitat Mitigation Plan January 2010 Table 4. Habitat Types and Vegetation Condition Classes of the M3 Eagle Prouer#v Arable land Disturbed (Poor) 181 (3 0%) 103 (9 %) Non -native herbaceous Grassland(Poor) 3,623 (60'/0) 487 (42 %) Grassland (Marginal) 1,433 (24 %) 177(15%) Southem xenc shrubland and steppe Grassland (Satisfactory) 228 (40A) 113(10%) Grassland (Good) 122(20/,) 57(5%) Shrub (Poor) 52 (<10/,) 7 (<I%) Shrub (Marginal) 253(4%) 172 (15 %) Shrub (Satisfactory) 91(20/o) 25 (2 1%) Shrub (Good) 31( <1 %) 16(10/o) Riparian (Good) 1 (<I%) 1( <1 %) Riparian (Satisfactory) 1 1( <1 %) Total 6,015 1,159 -iL,— w%a is an acronym ror imno c:omprenensn+e wudlite strategy. * *HASC is an acronym for Habitat Area of Special Concern. M3 Eagle 14 Habitat Mitigation Plan January 2010 a 0 s, a 0 W a 0 L O U a 0 .°3 w O O O O e e h O O N ti a ca ego s" ]C a W F d 0 q a a O U ,a v� � O O N ti A a m b� x 5.2 Wildlife The quality and quantity of vegetation on the Property is a key factor in the wildlife habitat value determinations identified in Table 2 and displayed in Figure 5. While this study does consider wildlife observations and attempts to characterize actual use by wildlife when possible, it relies on current condition of plant communities, historic data, literature reviews, and best professional judgment, to evaluate wildlife habitat value. Regionally native plant communities associated with the sagebrush steppe ecosystems which resemble their potential natural community (depicted in Figure 5 as satisfactory and good) provide better quality habitat for regionally native wildlife than plant communities dominated by non -native vegetation (depicted in Figure 5 as marginal and poor). The habitat classification study indicates that the Property provides marginal habitat values for most native wildlife due to the overall poor condition of the vegetation communities, lack of shrub cover, relative lack of key forage and browse species, and presence of invasive vegetation. A variety of wildlife species occur or have the potential to occur on the Property, including big game species, upland game birds, raptors, passerines, small and big mammals, reptiles, and amphibians. Several species in most of these wildlife categories were observed on the Property or immediate vicinity during field visits including the ferruginous hawk, Swainson's hawk, long - billed, curlew, burrowing owl, Piute ground squirrel, and mule deer. The Property provides some winter range for big game, and the eastern portion of the area proposed for regional open space on the Property (Figure 2) is mapped as critical mule deer winter range by IDFG. However, shrub communities make up a small component of the Property. This, combined with surrounding land uses (e.g., State Highways), may limit the remainder of the Property's ability to provide big game winter range. Recent big game winter surveys in northwest Ada County (ECS & WCR 2009) found few occurrences of big game on the Property, with mule deer being the only species observed, and the surveys documented that the vast majority of big game winter east of SH -55 (Appendix A). The report for these surveys concluded that the majority of mule deer observed west of SH -55 are resident populations (ECS & WCR 2009), thus indicating that the Property is not a seasonal migration corridor for deer. Wildlife values on the Property have been limited in the recent past by repeated disturbances from grazing, fire, and dispersed recreation. The Property now supports a different type of habitat than it once did. Surrounding land use also affects wildlife species composition and utilization of the Property. In general, regions east of SH -55 support better overall quality habitat for a greater number of wildlife species due, in part, to higher levels of precipitation, greater diversity of vegetative communities ( habitats), the amount and connectivity of native plant communities, the availability of water, and the limited amount of human disturbance. In comparison, lands west of SH -55 generally support habitat of lower quality, fewer wildlife species, and a lower number of animals (ECS & WCR 2009). M3 Eagle 17 Habitat Mitigation Plan January 2010 53 Special Status Species Some plants and animals on the Property are rare throughout all or a portion of their ranges, or depend on specific or declining habitats. This document refers to BLM special status species because the Property lies adjacent to BLM administered public lands. BLM special status species are (1) listed or proposed for listing under the ESA, or (2) require special management consideration to promote their conservation and reduce the likelihood and need for future listing under the ESA. BLM works with the IDFG to designate sensitive species in the State of Idaho. The BLM and IDFG rank plants and animals according to their status within the State: • Type 1— Threatened, Endangered, Proposed, and Candidate Species listed under the Endangered Species Act of 1973. • Type 2 — Range - wide/globally imperiled: species that are experiencing significant declines throughout their range with a high likelihood of being listed in the foreseeable future due to their rarity and/or significant endangerment factors. • Type 3 — Regional/State imperiled: species that are experiencing significant declines in population or habitat and are in danger of regional or local extinctions in Idaho in the foreseeable future if factors contributing to their decline continues. • Type 4 — Peripheral: species that are generally rare in Idaho with the majority of their breeding range largely outside the State. • Type 5 — Watch list: these species are not considered BLM sensitive species and associated sensitive species policy guidance does not apply. The Endangered Species Act (ESA) is the primary legislation that affords federal legal protections to threatened and endangered species nationwide. Under the ESA, species may be listed as either endangered or threatened. "Endangered" means a species is in danger of extinction throughout all or a significant portion of its range. "Threatened" means a species is likely to become endangered within the foreseeable future. The Property, including the HASC and adjacent lands in the North Eagle Foothills, contain occurrences of a plant commonly referred to as slickspot peppergrass (Lepidium papilliferum), which is listed as threatened under the ESA. The primary location of this plant on the Property is in the southeast portion. However, ESA regulations for this plant do not apply to private lands and removal of habitat or individual plants on private land incidental to development is not prohibited The Property does not contain occurrences or habitat for any threatened and endangered species other than slickspot peppergrass. Refer to Table 5 for a list of the species known or suspected to occur on the Property and identified by the State as species in need of conservation within the region. M3 Eagle 18 Habitat Mitigation Plan January 2010 b3 O � � � a pa •S �� W � too a 3g o�� qqj' oo °off,° .� '''' N O •� y � C by dU � � .� S - �•a � � ^' o:� o dab 00 w 0 0 .n 0 ^' 4 M M y a) 'ed Im o pi iljg� o d s 3 IIIS t�- � L' 140. ca be .. 3 .a DID 40 L ° y �: 0 a At ca Ica) 0 •yam' i1 i.1 -� W ,S . • � .d 0 a 0 .a eo a� �o �> M M M M M wl m a d ~ ow p g N O O N I a °o 'e o N ° ,r z v � o ,d.°' all) N o�• b 0 �a _ 00 ci CL > Co aw o. ci I a a a M ° > �•5> 10 0 b D 0 O 0 r ,, H 6'0 W W 10 Ca •� >a i 3 0. o d O .� h II'a 3 ° M O Vi z° ccl :a � w° 3 0-0 N .. 0 �'C I �R. °g •C O h 50.E '9�I,,�� y C' � 'bb o `n a Q� O rA a u N cn N O N 19 9 a 0 8°0 a� FA 6.0 IWACT ANALYSIS This section includes a comprehensive overview of impacts that could potentially occur in the HASC without mitigation. While some of these impacts will apply more than others, many will be reduced or mitigated for through the actions described in Section 7. Activities and land use patterns in the HASC, and to some extent in the remainder of the Project, are the agents of change for this analysis. For each change agent the impact analysis considers impact magnitude, area, and duration within the HASC. Basic ecological relationships and known information about the ecosystem in the HASC and surrounding areas provide the foundation of this impact analysis. The potential impacts are evaluated using the best available information about these ecosystems. Table 6 summarizes the potential impacts to habitat and wildlife in the HASC from the Project. The bullet statements below expand on the information presented in Table 6. Table 6. Summary of Impacts to Habitat and Wildlife in the HASC M3 Eagle 23 Habitat Mitigation Plan January 2010 Conversion of Construction; Planned Permanent Habitat Loss or All Long -term Open Space Community Alteration; Fragmentation Noise Construction; Area Avoidance; Wildlife (Primarily Short-term & Recreation; Planned Disturbance and Potential Avian and Big Long -term Community Increased Winter Mortality Game species) of Big Game Species Increased Traffic Construction Activity; Elevated Potential for Wildlife Long -term Residents and visitors Road Kill Increased Residents of Harassment and Stress; All Long-term Recreation Community; Visitors Habitat Fragmentation; Area Avoidance Pets Community Residents Predation; Harassment; Wildlife (Avian; Big Short-term & and Visitors Area Avoidance Game; and Long -term Amphib Introduction of Construction; Planned Habitat Degradation All Long -term Invasive and Community, Noxious Species Recreation Wildland Fire Construction; Reduction in fire size; All Long -term Risks Recreation; Possible increase in Planned Community ignitions. Nuisance Wildlife Human - Wildlife Mortality; Relocation Wildlife Long -term Interactions Species Habitat Conversion Elevated Concentrations in Wildlife Long -term Displacement Adjacent Habitats; Potential for Disease S read Fences and Residential and Decreased Mobility Big Game and Long -term Fragmentation Commercial Injury/Mortality; Raptors Construction M3 Eagle 23 Habitat Mitigation Plan January 2010 Table 6. Summary of Impacts to Habitat and Wildlife in the HASC rng;fea-s Wildlie �u Habitat Alteration Species Alteration; Displacement; Predation All Long -term Community Structure Sensitive Species impacts Habitat Conversion; Disturbance Habitat Loss and Degradation. Aase's Onion; Slickspot Long -term Peppergrass; Burrowing Owl; -Billed Curlew All: Includes Plant and Wildlife Populations • Conversion of Natural Open Space and Habitat Loss — Removing existing vegetation and resurfacing will reduce wildlife habitat over the long -term. • Noise — Localized impacts to wildlife species within and adjacent to the HASC could result from construction and residential noise. • Traffic — Projected increases in traffic could result in increased road kill rates (Case 1978; Oxley et al. 1974). • Recreation — The primary impacts of recreation on wildlife would be harassment and stress. Harassment could lead to avoidance of areas by wildlife. • Pets — Domestic pets will increase wildlife harassment and could cause predation. Outdoor feeding areas could encourage wildlife -human interactions. • Invasive Plant and Noxious Weed Species — There could be an initial increase in weeds during construction phase due to the increase in surface disturbance and vectors. • Wildland Fire — The Project could reduce the size, frequency, and intensity of wildland fires in the area due to the alteration of surface fuels over the long -term. • Nuisance Wildlife in the Community — Some wildlife species will be attracted to features of the Project creating interaction problems with residents. M3 Eagle 24 Habitat Mitigation Plan January 2010 • Species Displacement — The Project could displace some wildlife species not tolerant of land use changes there. Displaced animals could increase competition for limited resources elsewhere. • Artificial Light — Artificial light will increase as a result of streetlights, traffic, and residential lights and will affect wildlife in different ways, such as disorienting them and affecting foraging and reproductive behavior. • Fences and Fragmentation — Fences present barriers to the movement for many terrestrial wildlife. The fragmentation of habitats that would result from cultural modifications to the landscape such as fences, roads, and urban encroachment could displace wildlife to other areas. • Changes in Wildlife Community Structure — Some wildlife species will increase following development. These species will be drawn to new wetland habitats, landscaping, or other features of the community. Other upland species less tolerant of human interaction will decline due to habitat alteration. • Sensitive Species Impacts — The Project could have the following impacts to special status wildlife and plant species. Note, however, there are no regulations prohibiting habitat modification or incidental take of the following species on privately -owned property. • There could be direct mortality of slickspot peppergrass and Aase's onion occurrences and there would be a minor reduction in habitat for both these species. The primary location of these plant species on the Property is in the southeast portion, of which the majority will be preserved as regional open space. • There would be a minor reduction in potential Woodhouse's toad breeding habitat on the Property. • There would be a minor reduction in potential foraging areas available for prairie falcon and Swainson's hawk on and adjacent to the Property. • There would be a minor reduction in potential breeding areas for Brewer's sparrow on the Property. • There could be direct mortality of Piute ground squirrel and a minor reduction in ground squirrel habitat on the Property. • There would be a minor reduction in potential long - billed curlew nesting habitat on the Property. o There would be a minor reduction in burrowing owl nesting habitat on the Property. M3 Eagle 25 Habitat Mitigation Plan January 2010 7.0 HABITAT MMGATION PLAN This section provides the framework for achieving the goals and objectives identified in Section 3.3 and meets the requirements of the PADA by providing a habitat mitigation plan specific to the HASC. 7.1 Achieving Open Space Goals The M3 Eagle PADA requires a minimum of 20 percent open space (approximately 1,200 acres) within the Project, however, the open space goal for the Project is 40 percent (approximately 2,400 acres). M3 can achieve this goal by implementing its Master Plan that creates a variety of open space types and preserves important habitat areas in large blocks. The majority of open space areas in the Project will be natural open space of a regional nature. Furthermore, many of the open spaces, including parks, golf courses, and conservation areas, will be positioned strategically to incorporate valuable habitat and provide contiguity and connection with open space. The M3 Eagle Conceptual Master Open Space Plan (Figure 3) displays the types and locations of open space areas planned for the Project. Table 7 quantifies the open space areas shown in Figure 3. Table 7. Types and Amounts of Open Space in the Project* Natural Open Space 600 ota 860 1,460 Vineyards 10 100 110 ManufacturedNegetated Slopes 30 300 330 Parks and Golf Course 10 400 410 Manufactured Riparian Zone 10 30 40 Lakes 15 35 50 `Note: Acreage calculations are based on the M3 Eagle Conceptual Master (lean Isnace Plan, anr9 an- n,h;nrr to change vnthm the constraints required by the PADA (Figure 3) 7.2 Avoiding Impacts to the HASC Avoidance of impacts to the HASC is the primary objective for this HMP. Approximately 600 acres (51 percent) of the HASC will be undeveloped and preserved as natural open space through land exchange with the BLM, open space donation to the City, conservation easements, and/or deed or covenant restrictions (Figure 3). Avoidance of these areas will help conserve some of best plant and wildlife habitat values within the HASC and on the Property including: M3 Eagle 26 Habitat Mitigation Plan January 2010 • Relatively diverse native plant communities; • The only occurrence of riparian habitat on the Property; • Known occurrences of slickspot peppergrass and Aase's onion; • Areas of abundant mule deer use (IDFG 2007; ECS & WCR 2009); • A diversity of upland game birds, raptors, and other migratory birds. Preserving approximately 480 acres on either side of Willow Creek Road would provide a large, continuous block of natural open space away from the core of the community and would establish a permanent link between separated parcels of BLM lands as well as connectivity to adjacent private lands to meet the needs of existing wildlife. An additional 120 acres of the HASC will be preserved through the use of building envelopes (Section 7.3.1). 73 Minimizing Impacts to the HASC The secondary objective of the HMP is to minimize unavoidable adverse impacts. M3 estimates that development will occur on approximately 560 acres (48 percent) of the HASC (Figure 3) and will consist primarily of housing at various densities along with some commercial, recreation, community facilities, vineyards, and ponds with constructed wetlands. Minimizing impacts of development to wildlife and vegetation in the HASC involves an interplay of low density development, deed restricted building envelopes, recreation management, and sensitive construction procedures. 73.1 Low Density Development and Building Envelopes Developing large lot, low density housing in the HASC provides opportunities to utilize building envelopes to preserve natural open space areas. Deed restrictions on low- density housing (e.g., 2+ acre parcels) will retain natural open space outside of a specific building envelope for the home, ancillary buildings, driveways, outdoor living areas and landscaping. Construction would only occur within this envelope and the remainder of each lot would remain in a natural state or enhanced with native or other appropriate plants, as identified in the M3 Eagle Design Guidelines, which are favorable to wildlife for cover or food. Fencing may be allowed outside of building envelopes, but would be wildlife friendly. Building envelopes would be spaced to allow wildlife movement through the HASC and minimize fragmentation of habitats associated with adjacent BLM parcels. Spacing between building envelopes in low density development areas of the HASC would be variable but would average approximately 480 ft. wide. In addition, buildings would have a minimum setback of 100 feet from BLM administered public land. M3 Eagle 27 Habitat Mitigation Plan January 2010 7.3.2 Recreation Management Plan The following recreation management plan will minimize potential impacts to wildlife in the regional open space preservation areas of the Project, which include the HASC on both sides of Willow Creek Road (Figure 2). The goal of this plan is to provide public access and use compatible with the protection and enhancement of wildlife and wildlife habitat. Recreation that is not compatible with critical wildlife and native plant objectives will be restricted in open space areas. The following recreation management actions will be employed in the natural open space areas designated for the proposed Eagle Regional Park to achieve the recreation management plan goal: • The areas will be restricted to non - motorized recreation use only. Off-road vehicle recreation will be prohibited. • Trails will be routed or re-routed to avoid special status plant populations. • Trail design will minimize unnecessary cherry stem patterns by promoting a stacked loop trail system. • Trails may be closed seasonally to minimize potential conflicts with wintering big game. Timing of closures would be dependent on winter severity and would coincide with IDFG trail closure across the Boise Front. • Trail heads would be posted with erosion hazard advisories when soils are wet. • Dogs will be leashed to reduce wildlife harassment, unless otherwise identified in the recreation management plan. • Livestock grazing will be controlled through the covenants conditions and restrictions, as described in the recreation plans and covenants. This area will continue to be grazed as part of the ranching of the Project during build out. • Prescribed burns could be used as deemed necessary or beneficial to improve wildlife habitat or reduce fuel loads and risk of wildfire. 7.3.3 Construction Procedures M3 and its contractors will employ the following procedures to minimize adverse effects on wildlife habitat during construction: Construction equipment and materials will be stored at the construction site or at a limited number of specified locations to minimize surface disturbance. All equipment used for off - road construction and grading would be cleaned of soil and debris prior to accessing each site to inhibit the introduction of noxious weeds. The cleaning process would utilize pressurized water, steam, or air to clean tracks or other parts of equipment that could trap soil and debris. M3 Eagle 28 Habitat Mitigation Plan January 2010 mitigated Mitigation of impacts that occur in the HASC will involve an array of actions as described below. 7.4.1 Establishing Wildlife Movement Corridors Open space areas in the Project plan are positioned to provide connectivity with regional open space and adjacent public lands permitting wildlife movement corridors throughout the community (Figure 6). The Willow Creek Road Open Space Corridor is an example of such a corridor that will provide a link for wildlife traveling between the HASC, regional open space, and BLM administered public lands. Culverts will be placed, where practicable, where movement corridors cross roads to provide permeability for small mammals such as rodents, coyotes, squirrels, fox, and badgers. Arched culverts with natural bottoms will be used in place of corrugated pipes to provide safe wildlife road crossings at Little Gulch and Big Gulch roadway crossings within the HASC. In areas where big game crossings are likely, traffic control measures, such as signage and speed bumps would be incorporated into road designs to control or reduce speeding and potential collisions with wildlife. Movement corridors will incorporate plantings along their margins for screening to promote wildlife utilization. Maintenance will exclude the use of pesticides and fertilizers. Dead vegetation will be promptly replaced with seedlings. Spacing between building envelopes in low density development areas of the HASC would range from 100 -feet to 800 -feet wide to provide for wildlife movement although this width will be variable (Figure 7). M3 Eagle 30 Habitat Mitigation Plan January 2010 6 < sZ �$ 0 < L6 y s � z <0� >> ss gy. z Z S = Z S 4 z NO c NIXXNJ m� m �� S � m a q �i it C " lu 0 �0 " La M - Z �a w w Q Z cai� VO W w d QJD LU W OU Q 1 O U b as w 0 3 Q+ d N IM O O N I, ti I a 0 a 00 0� Figure 7. Low Density Development in Southern Planning Area M3 Eagle 32 Habitat Mitigation Plan January 2010 7.4.2 Fencing Fence designs and locations will accomplish different objectives within the Project. Fence designs within medium to high density development areas or along major road corridors will exclude wildlife from potential hazard areas. Fence design in certain HASC areas and road crossing areas will allow ease of wildlife passage. Fencing meant to exclude wildlife from yards or building envelopes in residential areas will be at least 6 feet high and will be constructed of a highly visible material (e.g. wood, metal or block) to prevent deer from jumping into yards from which they cannot escape. Fence bottoms will be in contact with the ground to prevent young deer from getting caught while attempting to pass beneath. Fences in such areas will also either be solid or open with vertical spacing narrow enough to prevent big game from getting their heads caught between members. The top level of residential fencing will be free of protruding objects that could impale crossing wildlife. Chain link fences (except for dog runs in enclosed backyards) will not be permitted. Fencing along regional, community, natural open space areas, and along wildlife corridors within low density residential areas of the Project will be strategically located or be wildlife friendly to prevent unnecessary barriers to wildlife movement. The priority for wildlife friendly fencing in open areas is easy passage and low risk of injury or death. Fences that accommodate wildlife passage will be no higher than 40 inches and will be avoided on slopes greater than 25 percent. Fences with horizontal rails or wires will provide spacing of at least 12 inches between the top two cross members and 18 inches between the lower cross member and the ground. The top level will not have any protruding objects or rails that could potentially impale crossing wildlife (Figure 8). Fencing along travel corridors will be designed to funnel wildlife towards designated road crossing areas where fence and road designs can be modified to reduce safety hazards and maintain wildlife permeability. Previous wildlife studies in the area indicate that wildlife crossings along Willow Creek Road at Big Gulch and Little Gulch could be effective locations (ECS & WCR 2009). At these locations, M3 will install fence modifications (Figure 8) and traffic control measures including but not limited to arched culverts, grade separations, speed reduction features (e.g., bumps, dips, round - abouts), and signage designed to reduce traffic speed. The combination of wildlife friendly fencing and speed reduction techniques will minimize wildlife collisions. Grade separated crossings are also planned along Linder and Hartley Roads. Refer to Figure 8 for representative drawings of the wildlife - suitable fencing that would be installed. M3 Eagle 33 Habitat Mitigation Plan January 2010 - I e0aaea�aa W. river, Al�tjyl�Orei®ie� o►alopne -. #F) T Ir I Figure S. Wildlife Crossing Fence Designs (CROW 2005 & Paige 2008) 7.4.3 Revegetating Manufactured Slopes Grading Guidelines and Hillside Development Standards for the Project have been approved by the City. The standards emphasize the use of plants native to the region. Designated manufactured slopes within the community (Figure 3) will be planted and seeded with grasses, forbs, and shrubs native to the region or otherwise favorable to regional native wildlife. Revegetation will be done on a phase -by -phase basis to establish native or favorable vegetation in areas that have been affected by construction. Revegetation may also occur in regional open space areas affected by fire or otherwise degraded, or to stabilize soil. Revegetation success objectives may be based on the habitat quality descriptors defined in Table 2, or be deemed successful when the area supports a visually apparent mixture of the three structural groups appropriate for the region (i.e., shrubs, grasses, and herbs) are established on the site. Installed species that are not regionally native will be either favorable to wildlife or will mimic the structure and functionality of regional natives. All revegetated areas will be fully established within five growing seasons. M3 Eagle 34 Habitat Mitigation Plan January 2010 The following guidelines have been identified by land management specialists when restoring native vegetation in the uplands of sagebrush and grassland ecosystems (Monsen et al. 2004). These guidelines will be observed during all upland revegetation projects: 1. The proposed changes for the plant community must be needed to obtain ecological function. 2. The terrain and soil will support the desired changes. Topsoil will be stockpiled for use in revegetation. I Permanent or temporary irrigation will be applied if precipitation is not adequate to assure establishment and survival of planted species. 4. Competition will be controlled to ensure that planted species can establish and persist. 5. Plant and manage site - adapted species, subspecies, and varieties. 6. A multispecies seed mixture will be planted 7. Sufficient seed of acceptable purity and viability will be planted 8. Seed will be planted on a well- prepared seed bed and covered properly. 9. Plant during the season that provides the most favorable conditions for establishment. This will generally be in the autumn months. 10. Newly seeded areas will be managed properly to avoid disturbance until vegetation becomes established. Revegetation could include any combination of the following tools: Temporary soil stabilization techniques would be employed to prevent soil erosion where soil displacement and sedimentation is likely. Techniques would include covers and barriers. o Straw, straw bales, silt fences, coir rolls, geo- textile grids and fabrics or similar treatments. Only certified noxious weed free straw would be employed. Controlling undesirable plants & preparing the seedbed o Chemical control (i.e., herbicide) o Biological control agents (e.g., livestock, insects, fungi) o Mechanical control (e.g., mowing, disking, chaining) o Cultural/prescribed burns M3 Eagle 35 Habitat Mitigation Plan January 2010 • Seedings • Hydro Seed • Drill Seed • Broadcast Seed • Aerial Seed • Plantings • Hand Planting • Mechanical Planting • Native plant propagation • Nursery space • Seed gather • Salvage • Irrigation • Drip Lines • Sprinkler Systems 7.4.4 Establishing Wetland and Riparian Habitat Areas The Project is planned to contain approximately 50 acres of lakes, ponds, and drainage features (Figure 3 and Table 7, Lakes). Some of these features will support native riparian vegetation and function as wetlands. An additional 40 acres of riparian habitat will be manufactured (Figure 3 and Table 7, Riparian Zones). The existing Big Gulch drainage way will be improved as a 6 -mile regional park, trail, and open space corridor stretching from one end of the community to the other and with riparian areas 40 to 100 feet wide (Appendix B, Figure B -2). Wetland and riparian area construction within the Project will increase habitat available for wildlife in the HASC and throughout the remainder of the Property. Wetlands are among the most important habitats for birds, supporting a large number of species and individuals, including many high priority species (Idaho Partners in Flight 2000). The ponds and Big Gulch corridor will mimic the seasonal hydrology of non- Rverine wetlands and will be planted with native emergent and woody vegetation creating wetland habitats similar to those occurring naturally throughout southern Idaho. Emergent wetland plants and native woody shrubs will provide excellent cover, food, and nesting habitat for a variety of wildlife accustomed to human activities. Wetland construction in the Project will help meet the objective of the Bird Conservation Plan for Non - Riverine Wetlands in Idaho (Idaho Partners in Flight 2000), which calls for "...a net increase in the number of acres of wetlands in Idaho, focusing on the same types and amounts that historically occurred here", and Idaho's Comprehensive Wildlife Strategy (IDFG 2005) which identifies wetland construction as a high priority (page 65). Refer to Appendix B for details on the Wetland M3 Eagle 36 Habitat Mitigation Plan January 2010 Construction Concept Plan. Wetlands in the Project could benefit a host of wildlife species including: • Waterfowl & Shorebirds — Several of the following species are known to utilize marsh wetlands in Southern Idaho for breeding habitat (Idaho Partners in Flight 2000): ■ western grebe ■ Canada goose ■ white -faced ibis ■ wood duck • cinnamon teal ■ gadwall • redhead ■ American wigeon • killdeer ■ mallard • black- necked stilt ■ blue - winged teal • American avocet • northern shoveler • pied -billed grebe ■ northern pintail • eared grebe ■ green - winged teal • western grebe ■ lesser scaup • Clark's grebe ■ common merganser • American bittem ■ ruddy duck • great blue heron ■ Virginia rail • great egret ■ sora • snowy egret ■ American coot • cattle egret ■ killdeer ■ black-crowned night heron ■ common snipe • American avocet ■ Wilson's phalarope • spotted sandpiper ■ ring -billed gull • upland sandpiper ■ California gull • Songbirds & Perching Birds — Several of the following species are known to utilize wetlands for breeding in Southern Idaho (Idaho Partners in Flight 2000): • rough- winged swallow • hairy woodpecker • tree swallow ■ willow flycatcher • barn swallow ■ black - billed magpie • common yellowthroat ■ American crow • yellow- breasted chat ■ black- capped chickadee • savannah sparrow ■ red- breasted nuthatch • song sparrow ■ house wren • red- winged blackbird ■ marsh wren • yellow - headed blackbird ■ ruby - crowned kinglet • brown- headed cowbird ■ American robin M3 Eagle 37 Habitat Mitigation Plan January 2010 • black-chinned hummingbird ■ yellow warbler • calliope hummingbird ■ bobolink • downy woodpecker ■ American goldfinch • Upland Game Birds • ring- necked Pheasant ■ ~ mountain quail • California quail • Raptors • northern harrier • great homed owl • short-eared owl ■ American kestrel • barn owl • Amphibians • western toad ■ Pacific chorus frog • Woodhouse's toad ■ Great Basin spadefoot • Reptiles • rubber boa ■ garter snake ■ racer • Mammals • Yuma myotis • northern pocket gopher • western pipistrelle ■ muskrat • brown bat • raccoon • pallid bat 7.4.5 Preventing Noxious Weeds The term Noxious is a legal designation given by the Director of the Idaho State Department of Agriculture to any plant having the potential to cause injury to public health, crops, livestock, land or other property (Idaho Statute 22- 2402). Similarly, invasive plants are alien or native species whose proliferation is likely to cause economic or environmental harm or impact human health (Executive Order 13112). Noxious weeds and invasive plants are highly competitive and persistent, germinate under a wide variety of conditions, and often establish on disturbed ground. Nine noxious weed species have been documented on BLM administered lands within Ada County from 1996 to 2004 (Table 8). Of these, rush skeletonweed (ChondW1a juncea) and M3 Eagle Habitat Mitigation Plan 38 January 2010 whitetop (Cardaria draba) are known to occur on the Property. A tenth noxious weed, yellow star thistle ( Centaurea solstitialis), has recently been identified on the Property, but does not occur on adjacent BLM administered lands. Table S. Noxious Weed Occurrences on BLM Administered Public Land in Ada County Note: Data from US Bureau of Land Management 1996 through 2004. Noxious weed abatement will minimize the potential for noxious weed establishment and spread along the proposed right -of -way corridors during all three phases of the Project including 1) Construction, 2) Reclamation, and 3) Operation. The Noxious Weed Abatement Plan includes the following weed control measures: • Construction equipment and materials will be stored at the construction site or at a limited number of specified locations on adjacent private lands to minimize surface disturbance and spread of weed seed. All equipment used for off-road construction and grading would be cleaned of soil and debris prior to accessing the Project o inhibit the introduction of noxious weeds. The cleaning process would utilize pressurized water, steam, or air to clean tracks or other parts of equipment that could trap soil and debris. Washing equipment prior to entering the Project would minimize the potential for transporting weeds. Equipment traveling only on established roads would not be required to be cleaned. Topsoil staging areas will be covered and/ or treated with herbicides to prevent the establishment or spread of noxious weeds. Soils exposed by construction activities will be revegetated within 1 year of construction using native or desirable plant species and in accordance with the M3 Eagle Grading Guidelines and Hillside Development Standards. Seed applications M3 Eagle 39 Habitat Mitigation Plan January 2010 Canada Thistle Cirsium arvense 12 Well Established Diffuse Knapweed Centaurea diffusa 2 Small Localized Populations Field Bindweed Convolvulus arvensis 2 Well Established Perennial Pepperweed Lepidium latifolium 7 Localized Populations Purple Loofestrife Lythrum salicaria 7 Small Localized Populations Rush Skeletonweed Chondr -Ma juncea 30 Well Established Scotch Thistle Onopordum acanthium 14 Localized Populations Spotted Knapweed Cetaurea maculosa 2 Small Localized Populations Whitetop Cardaria draba 1 45 Well Established Note: Data from US Bureau of Land Management 1996 through 2004. Noxious weed abatement will minimize the potential for noxious weed establishment and spread along the proposed right -of -way corridors during all three phases of the Project including 1) Construction, 2) Reclamation, and 3) Operation. The Noxious Weed Abatement Plan includes the following weed control measures: • Construction equipment and materials will be stored at the construction site or at a limited number of specified locations on adjacent private lands to minimize surface disturbance and spread of weed seed. All equipment used for off-road construction and grading would be cleaned of soil and debris prior to accessing the Project o inhibit the introduction of noxious weeds. The cleaning process would utilize pressurized water, steam, or air to clean tracks or other parts of equipment that could trap soil and debris. Washing equipment prior to entering the Project would minimize the potential for transporting weeds. Equipment traveling only on established roads would not be required to be cleaned. Topsoil staging areas will be covered and/ or treated with herbicides to prevent the establishment or spread of noxious weeds. Soils exposed by construction activities will be revegetated within 1 year of construction using native or desirable plant species and in accordance with the M3 Eagle Grading Guidelines and Hillside Development Standards. Seed applications M3 Eagle 39 Habitat Mitigation Plan January 2010 would occur in late fall whenever possible to promote greater success. Only certified noxious weed free seed and fill material will be used Subsequent to the broadcast application, the ground would be lightly raked to cover the seeds with soil unless hydroseeding techniques include a weed free mulch application. Topsoil piles will be treated for weeds every 3 years. Populations of noxious weeds will be treated using any combination of methods including but not limited to annual mowing or herbicide application. If herbicides are used, M3 shall comply with all applicable Federal and State laws and regulations. Herbicides shall be used only in accordance with their registered uses within and within their limitations. Applicator(s) shall hold a current State of Idaho applicator's license or be under the direct supervision of a licensed applicator. M3 may utilize the services of a qualified contractor to perform the weed control. Subsequent Planning Unit Habitat Mitigation Plans will establish weed management zones. All portions of the Project will be placed into one of four noxious weed management zones by full build out: o Zone 1 - Potential New Invaders Identified: There are no known infestations of the specific noxious weed in this designated zone and the target species will be treated as a potential new invader. Emphasis will be placed on an education, awareness, identification, recognition and monitoring program to prevent introduction. o Zone 2 - New Invaders Exist: These are very limited infestations of specific noxious weeds in this zone and the target species will be treated as a new invader. Emphasis will be placed on a community -wide eradication and extensive monitoring program. o Zone 3 - Widespread but Limited Infestations Exist: The infestations of the specific noxious weed in this designated zone will be treated as small enough that reducing the stand or the vigor of the infestation is achievable. Emphasis will be placed on area -wide control with the ultimate goal as being eradication. o Zone 4 - Established Infestations: The infestation of the specific noxious weed in this designated zone will be treated as being so well established that eradication is impractical and uneconomical. Various treatment alternatives will be utilized to control and contain the target species. Specific sites or rights -of -way will be designated within this zone for receiving special M3 Eagle 40 Habitat Mitigation Plan January 2010 treatment considerations. Emphasis will be placed on Integrated Pest Management, resident education, and participation. 7.4.6 Minimizing the Effects of Fire In addition to the construction precautions outlined in Section 7.3.3, The Project will meet or exceed the following Firewise Community/USA program standards and the International Urban - Wildland Interface Code requirements for ignition resistant construction, landscaped areas, and emergency accessibility. Cedar shake rooftops will be prohibited by M3 Eagle Covenants, Codes, and Restrictions. Rooftops will be constructed of ignition resistant Class A materials. Shrubs and trees in natural open space areas and along revegetated slopes will be spaced to inhibit the spread of fire through the vegetation canopy. Firewise landscaping will be emphasized throughout the community. Landscape concepts and plant palates will be shown on the Planning Unit Master Plans. Firewise vegetation areas will display the following characteristics: • Relatively high moisture content in their leaves; • Little or no seasonal accumulation of dead vegetation; • Low volume of total vegetation; • Open and loose branching habit; • Slow growing. The Project will contain a central pressurized water system with fire hydrants along roadways. Ingress and egress will be wide enough to accommodate emergency response vehicles. Roads will be wide enough to accommodate two-way traffic or will have turnouts available. Excessively steep roads ( >12 percent) with sharp curves will be avoided. Bridges along access roads will be strong enough to support fire equipment and water tankers (34,000 pounds minimum) with signs clearly visible to identify designed weight capacity. Cul-de -sac roads (excluding private drives), if present, will contain a minimum 50 -foot turnaround radius. 7.4.7 Preservation of Regional Open Space Outside of the HASC In accordance with the PADA, M3 has proposed a land exchange with BLM, whereby a 320 - acre parcel at the eastern end of its property (along with the 480 acres of preserved lands within the HASC within the Project's Southern Planning Area) would be exchanged for some of BLM's existing lands in the vicinity of Highway 16 (Figure 9). If the exchange is successful, M3 will be required to equalize land values between its private land and the BLM's land. It may be necessary for M3 to contribute additional land to equalize the values to satisfy PADA Section 2.6 (d). The approximate area from which additional land would be M3 Eagle 41 Habitat Mitigation Plan January 2010 contributed is shown on Figure 9 as "Approximate area of additional M3 exchange land ". The additional land would meet the requirements of the PADA and simultaneously benefit wildlife and recreation in the region. The additional land would serve as mitigation for the development of those BLM exchange lands indentified in Figure 9. If the exchange is not successful, in accordance with PADA Section 2.6 (c) & (d), the 800 acres will be donated to the City as part the City's proposed Eagle Regional Park. In either case, the land will be preserved as regional open space by stipulations in the exchange, a conservation easement, deed or covenant restriction, or other appropriate restrictions, as described in the PADA. Regardless of how the land is preserved, it is considered as part of the Project's open space total. This parcel contains several areas of good and satisfactory habitat (Figure 5) and two known species of special status plants. This parcel abuts BLM land and will add to the continuity of natural open space for wildlife in the foothills. It will be combined with the 480 acres of preserved HASC lands in the Southern Planning Area and 1,915 acres of BLM lands to the south to form the proposed Eagle Regional Park totaling 2,715 acres. In addition, M3 will set aside 80 acres of land along Willow Creek Road for a regional open space and trail corridor. Figure 9. Potential Exchange Land Md'okne! Ni Liad r=y RM Law MOWN eA=(nI of b�-=be daamm d yr M3 Eagle 42 Habitat Mitigation Plan January 2010 g Am Figure 9. Potential Exchange Land Md'okne! Ni Liad r=y RM Law MOWN eA=(nI of b�-=be daamm d yr M3 Eagle 42 Habitat Mitigation Plan January 2010 7.5 HMP Implementation The HMP will be implemented in phases in conjunction with the development of each Planning Unit that contains HASC and in accordance with the PADA. Funding for implementation of this HMP will be established prior to, or along with submittal of the first Planning Unit Master Plan (PUMP). Design specifics such as location and extent of manufactured slopes, wetlands, location of drainage, and acreage of revegetation areas will be included in each PUMP. The PUMP will also include a restoration plan and a list of regional native species for use in revegetation of manufactured slopes. 7.5.1 Funding Options for Continued Open Space Management M3 acknowledges the significance of creating regional open space in the foothills and will cooperate with the City of Eagle to establish an ongoing funding mechanism for regional open space maintenance and operations associated with the Project. Notwithstanding the foregoing, some of these funds may be used for habitat management in other regional open space areas subject to approval from M3. Mitigation funds may also be used for restoration, acquisition, recreation, education, and/or trail development. The funding mechanism will be established concurrently with the first phase of development. The following options for funding will be considered: 1. A fixed percentage deed transfer fee (for example 0.25 — 0.5 percent of the sale price of a home) could be imposed on property transactions. This program has been employed at other planned community developments in the area with some success. Subject to agreement with the City, these fiords could be earmarked for use within the community by the M3 Eagle Owner's Association, within the proposed Eagle Regional Park by the City, or within the foothills by a land stewardship organization. 2. M3 or other developers may improve or construct regional open space for credit towards City park impact fees. 3. A local option tax levy could be passed by citizens to fiord open space acquisition, preservation, restoration and management. 4. The M3 Eagle Owner's Association could fiord regional open space management on property that it owns in part or in full though association dues or contributions from the developer or other sources. M3 Eagle 43 Habitat Mitigation Plan January 2010 The ongoing funding mechanism for regional open space management may include one or more of these options. Some regional open space management and mitigation actions may be necessary and may occur before sufficient funds are available in the funding mechanism. In such case, developer may provide those management or mitigation actions and be reimbursed when sufficient funds are available. 7.5.2 Monitoring Plan The monitoring plan will provide the information necessary to gauge the success of this HMP during build out of the project on a Planning Unit basis. Monitoring of HMP implementation measures would be provided by the City of Eagle, the Owner's Association, an independent consultant hired by the developer, or a consultant hired by the holder of the conservation easement, if one is established. Monitoring will continue annually until vegetation is re- established and then in perpetuity, at 5 -year intervals thereafter. If deviations to the goals and objectives of this HMP (Table 1) occur after the initial revegetation effort, such as could occur after a wildfire, then native or desirable plant species would again be reestablished. Monitoring will be completed for each PUMP approved by the City of Eagle on a Planning Unit by Planning Unit basis. A monitoring report will be submitted along with each PUMP, except the first. The report will document progress towards the HMP goals and objectives of the previously approved Planning Unit. This approach permits a review of HMP actions within approved Planning Units and would allow the City to condition additional mitigation measures on future development phases if HMP goals and objectives are not met. Each monitoring report will provide an update on progress towards each of the final success criteria of this HMP, which are identical to the objectives listed in Table 1 of this HMP. Monitoring in each Planning Unit will cease as each Planning Unit reaches the HMP goals and objectives. Manufactured slope revegetation will be deemed successful when a visually apparent assemblage of shrubs, grasses, and herbs native to the region or that mimic the structure and function of regional natives are present within 5 years of planting. This assemblage should be in good condition and reasonably evenly distributed across the treatment area. If significant progress in not met after 5 years, then further seeding and/or planting of native and desirable species will occur until ecological integrity of the disturbed slopes is attained. The contents of each report may not be limited to the HASC and could include information on mitigation activities elsewhere. Each monitoring report will include the following information, as applicable: M3 Eagle 44 Habitat Mitigation Plan January 2010 • Acres of HASC removed by development and acres of HASC preserved. • Regional and community open space locations and acreages, including donations or exchanges of land which result in designation of permanent regional open space. • The location and size of building envelopes relative to on -lot open space. • Wildlife movement corridors in terms of length, width, and overall connectivity of corridors through which wildlife could reasonably pass. • The location, extent, and condition of manufactured slopes and constructed wetlands. Initial reports will document pre - and post - construction conditions with photographs. Each report will document vegetation treatment specifications including date, seed mix, planting materials and installation methods. Subsequent reports will include photos taken from the same location to document condition over time. Reports will include the date of all vegetation treatments and an interpretation of success. • Topsoil stockpile areas and treatment of piles for weeds. • Locations and extents of noxious weed populations. Noxious weed treatment areas with information on the type of treatment and relative success of treatment. • Progress towards Firewise principles including use of ignition resistant building materials, defensible space, and community awareness campaigns. • Status of the ongoing funding mechanisms that relate to the goals and objectives of this HMP. Post development, the party responsible for the monitoring of HMP implementation, whether it be the City of Eagle, the Owner's Association, an independent consultant, or another entity will prepare a monitoring report every 5 years. This report will consist of a survey of revegetated areas to ensure that criteria for successful vegetation establishment have been met. If the survey identifies that desirable vegetation has not yet been established within 5 years of planting, then the party responsible for ongoing maintenance will be responsible for revegetation. M3 Eagle 45 Habitat Mitigation Plan January 2010 8.0 CONCLUSION Nearly all (92 percent) of the existing habitat on the Property is in poor to marginal condition because the plant communities display an extreme departure from their potential natural community. Within the HASC, only 18 percent of the habitat is in good or satisfactory condition, while 82 percent is in poor or marginal condition, of which approximately 9 percent is farmland. URS suspects that historic repeated disturbance from previous land uses and wildfire has degraded most of the native Southern Xeric Shrubland Steppe, favoring the establishment of annual vegetation on most of the Property. Most of the habitat areas in the HASC that are still in satisfactory or good condition will be managed as natural open space. The regional open space preservation areas proposed by M3 are situated between parcels of public land (BLM), so preserving them as natural open space will have cumulative benefits for wildlife. By preserving over 800 acres for natural open space by land exchange with BLM, donation to the City, conservation easement, and/or deed or covenant restrictions, M3 will permanently link the BLM parcels, creating a 2,715 acre block of continuous wildlife habitat that stretches 6 miles across the Eagle Foothills (Figure 2). The Project's land use changes and activities will affect wildlife utilization in the HASC differently depending on the species. Water associated species tolerant of human interactions will increase while less tolerant upland species will decline. The number and variety of birds on the Property is likely to increase, while the number of burrowing mammals is likely to decrease. Mule deer are likely to be pressured away from residential areas and streets because of human interaction, lights, noise, and traffic. M3 acknowledges that some areas of the 1,160 acre HASC will be developed or affected indirectly by the Project. Some wildlife species will be adversely affected while other species will benefit. Species compositions will undoubtedly change to some extent but adverse impacts to the HASC will be offset by: • Preservation of 41 percent (480 acres) of the existing HASC in an unfragmented and natural state. These areas contain some of the best habitat values in the HASC and are located adjacent to public lands to provide long -term connectivity. Preservation of another 10 percent (120 acres) of the existing HASC outside of building envelopes on large (2+ acre) lots. M3 Eagle 46 Habitat Mitigation Plan January 2010 Preservation of an additional 400 acres of regional open space outside of the HASC that will extend the potential for habitat connectivity with the proposed Eagle Regional Park. • Creating new wetland and riparian habitats. Providing wildlife movement corridors throughout the Project that include wildlife road crossing features and traffic control measures at areas of potential conflict. Positioning low density development with building envelopes to provide wildlife movement corridors between the HASC, regional open spaces, and BLM administered public lands. • Revegetating manufactured slopes with shrubs, grasses, and herbs native to the region, or other plants favorable to regional wildlife, capable of providing cover and food to an array of existing wildlife. • Providing a mechanism for funding ongoing regional open space management. • Providing a monitoring plan to report the success and on -going effectiveness of all measures recommended in this HUT. M3 Eagle 47 Habitat Mitigation Plan January 2010 9.0 REFERENCES Allen -Diaz, B. H. and J. W. Bartolome. 1998. Understanding Sagebrush -Grass vegetation dynamics. Ecological Applications 8(3): 795 -804. Case, R. 1978. Interstate highway road -kill animals: a data source for biologists. Wild. Soc. Bull. 6:8 -13. CDC (Idaho Conservation Data Center). 2005. GIS data layers delineating habitat and occurrences for sensitive plant and animal species in project area. CDOW (Colorado Division of Wildlife). 2005. Habitat Partnership Program. Fences for Man and Beast: An Illustrated Guide to Friendly Fences for Livestock and Wildlife. Received November 20 pgs. ECS dt WCR (Environmental Conservation Services, Inc. and Wildlife Consulting Resources). 2009. Northwest Ada County Big Game Survey Summary and Northwest Ada County Wildlife Crossing Assessment. Grossman, D. H., et al. 1998. International classification of ecological communities: terrestrial vegetation of the United States. Volume I. The National Vegetation Classification System: development, status, and applications. The Nature Conservancy, Arlington, Virginia, USA. Idaho Partners in Flight. 2000. Idaho Bird Conservation Plan. Version 1.0 IDFG (Idaho Department of Fish and Game). 2007. Game Management Unit 32 Winter Mule Deer Counts, Subunits 1 -9, State Street — Pearl Hills. 2005. Idaho Comprehensive Wildlife Conservation Strategy. Idaho Conservation Data Center, Idaho Department of Fish and Game, Boise, ID. Accessed via the World Wide Web at http: / /fishandgame.idaho .gov /cros /tech/CDC /cwcs.chn. . 1997. Atlas of Idaho's Wildlife, Integrating Gap Analysis and Natural Heritage Information. Nongame and Endangered Wildlife Program, Boise, Idaho. Monsen, Sephen B.; Stevens, Richard; Shaw, Nancy L., comps. 2004. Restoring western ranges and wildlands. Gen. Tech. Rep. RMRS-GTR- 136-vol- 1. Fort Collins, CO; U.S. Department of Agriculture, Forest Service, Rocky Mountain Research Station. NRCS (Natural Resource Conservation Service). 2006. Ecological Site Descriptions for the State of Idaho. Accessed via the World Wide Web http: / /esis.sc.egov.usd& gov / Welcome tpgReportLocation.aspx?Vpe--Reference %20Sheet M3 Eagle 48 Habitat Mitigation Plan January 2010 Oxley, D., M. Fenton, G. Carmody. 1974. The effects of roads on small mammals. J. appl. Ecol. 11: 51 -59 Paige, C. 2008. A landowner's guide to wildlife friendly fences. Landowner/ Wildlife Resource Program, Montana Fish, Wildlife and Parks, Helena, MT. 44pp. Scott, J. M., C. R Peterson, J. W. Karl, E. Strand, L. K. Svancara, and N. M. Wright. 2002. A Gap Analysis of Idaho: Final Report. Idaho Cooperative Fish and Wildlife Research Unit. Moscow, ID. URS Corporation. 2006. Final Habitat Study and Natural Features analysis — M3 Eagle Proposed Planned Community. June. USDA (US Department of Agriculture). 1977. Soil Survey of Ada County Area, Idaho. USDA, Soil Conservation Service M3 Eagle 49 Habitat Mitigation Plan January 2010 APPENDIX A Northwest Ada County Big Game Survey Summary 2009 (Map 9) ENV/RONAwNTAL CONSERVATION SERVICES INC. Map 9: Combined Observations by Subunits within Unit 32 and 39. Note. There is no LDFG obse vadon data for GMU32 (West aide of SX - -SS). Northwest Ada County Big Game Survey Summary-2009 Page 31 APPENDIX B Wetland Construction Concept Plan Appendix B Wetland Construction Concept Plan The M3 Eagle Habitat Mitigation Plan (HMP) identifies the conceptual locations, extents, and types of wetland and riparian areas to be constructed at M3 Eagle. The information in this appendix supplements the HUT with wetland construction and management guidance that will apply to all wetland construction and management projects at M3 Eagle. Wetland locations and plant species will be shown on each applicable Planning Unit Master Plan. Guiding Principles The U.S. Army Corps of Engineers has determined that Big Gulch Creek and Little Gulch Creek are isolated drainage courses and are not waters of the United States regulated under Section 404 of the Clean Water act. Therefore, impacts to these drainages associated with project construction, do not require a Department of the Army (DA) permit. Therefore, it will not be necessary to contact the U.S. Army Corps of Engineers before any wetland construction projects are undertaken. Since construction activities will not impact existing jurisdictional wetlands, mitigation involving restoration of existing wetlands or construction of an entirely new wetland area will not be necessary. In an effort to encourage biological diversity, enhance existing habitat, and mitigate impacts to the HASC, M3 will construct wetlands as part of the M3 Eagle Master Planned Community. There are two types of wetland construction, wetland restoration and wetland construction. Wetland restoration involves returning an existing wetland to a previous state. Wetland construction involves conversion of an upland site into a vegetated wetland area. Wetland restoration is often the less costly of the two because even degraded wetlands display the three wetland characteristics naturally 1) hydrology 2) hydric soils and 3) wetland vegetation. No wetlands have been identified at M3 Eagle, thus M3 will utilize wetland construction principles. The following principles have been documented by Mitsch and Gosslink (2000) and will be employed during wetland construction projects at M3 Eagle: 1. Design the system for minimum maintenance. The system of plants, animals, microbes, substrate, and water flows will be developed for self - maintenance and self - design. 2. Design a system that utilizes natural energies, such as the potential energy of streams, as natural subsidies to the system. 3. Design the system with the hydrologic and ecological landscape and climate. Droughts, muskrats, geese, and storms are expected disturbances. Natural ecosystems generally recover rapidly from natural disturbances to which they are adapted. M3 Eagle $_1 Master Habitat Mitigation Plan January 2010 4. Design the system to fulfill multiple goals, but identify at least one major objective and several secondary objectives. If a wetland is being created or restored to replace a lost wetland, replacement of function will be an important consideration. 5. Design the system as an ecotone. This may require a buffer strip around the wetland site, but it also means that the wetland site itself will be a buffer system between upland and aquatic systems. 6. Give the system time. Wetlands do not become functional overnight. Several years may pass before plant establishment, nutrient retention, and wildlife enhancement can become optimal, and mature soils systems may take decades. Strategies that try to short- circuit ecological succession or over manage it are doomed to failure. 7. Design the system for function, not form. If initial plantings and animal introductions fail but the overall function of the wetland, based on fulfillment of initial objectives, is being carried out, then the wetland has not failed. The outbreak of plant diseases and the invasion of alien species are often symptomatic of other stresses and may indicate false expectations rather than ecosystem failure. 8. Do not over engineer wetland design with rectangular basins, rigid structures and channels, and regular morphology. Natural systems will be mimicked to accommodate biological systems. Freshwater Marshes and Ponds Q.entic Wetlands) Some common emergent plant species used for wetland restoration and construction in areas where water accumulates and ponds will be useful at the DCRPC. These species will include but won't be limited to: bulrush (Scirpus spp. and Schoenoplectus spp.), cattails (Typha spp.), and sedges (Carex spp.). Resources spent on submerged plants may be wasted since their establishment is often limited by algal growth and turbidity. Woody riparian vegetation will be installed along the margins of marshes and ponds in the transitional area between the adjacent uplands. Figure B -1 displays the conceptual design of marshes and ponds at M3 Eagle. Riparian Areas (Lotic Wetlands) Constructed riparian areas will exhibit periodic flooding or irrigation that mimics flooding events. Even without periodic flooding, some constructed riparian areas are possible given the proximity of constructed riparian areas to water features at M3 Eagle. Some common species used for riparian area construction will include black cottonwood (Populus balsamifera), willow (Salix spp.), river birch (Betula occidentalis), rushes and sedges. Figure B -3 displays the conceptual design of riparian areas at M3 Eagle. M3 Eagle B -2 Master Habitat Mitigation Plan January 2010 +Gi 49 mlen be ouenb uepedm un a 0 a 8 w b A U r; p4 I IMR a 0 �C a t' A i s� �v Z a o r f 000 o U J � U v o BF Cq N r '�y IT O i�1 O N ti a 0 d Q .�r 8 it W PC �y Cd q O U %n o R1 0 N O ti a O tLo a :x H Construction Wetland construction would largely be an earth moving and re- vegetation operation. Channels and basins would be constructed using power equipment such as a backhoe, dozer, or similar to excavate below the surrounding grade and to create berms. Channels and ponds would be constructed with the native soil and may be lined with river cobble or riprap in certain areas to provide stability. Channel construction operations would proceed in the following manner: 1. Construction Stakeout — A construction stakeout of the proposed construction site shall be performed by a duly authorized and certified professional licensed in the State of Idaho. 2. Erosion and Sediment Control — Prior to any grading, all sediment and erosion control measures shall be installed and maintained until permanent stabilization of area is achieved. 3. Clearing — The construction area would be cleared of vegetation, debris, etc. 4. Grading — The grading of ponds, marshes, and riparian areas would be done according to the limits and grades as shown on the approved improvement plans. Topsoil, if structurally acceptable, removed during the grading process would be stockpiled for use in permanent stabilization (step 8). Topsoil stockpiles would be covered and/or wetted periodically to mitigate fugitive dust as necessary. 5. Temporary Stabilization — Temporary soil stabilization techniques would be employed to prevent soil erosion where soil displacement is likely. 6. Drainage Interconnect — Culverts would be placed to accommodate drainage where necessary. Culverts would be sized appropriately for above maximum predicted flows. Installation would include foundations, bedding, grade, alignment, structure size, length, backfill, compaction, cover, end treatments. 7. Surface Treatment — Trails and causeways would be treated with a paved base, such as asphalt or concrete, or left unpaved depending on the site specific design. 8. Permanent Stabilization — The channel would be planted and seeded with an appropriate mix of species and stabilized with native river cobble. Topsoil, seed, and certified weed fee mulch would be applied to all disturbed areas. Seed mix and plantings will be taken from the approved plant list included in the M3 Eagle Landscape Design Guidelines. 9. The final step would be the clean up of any debris and the exit by the crew. M3 Eagle g-6 Master Habitat Mitigation Plan January 2010 Tools Wetland construction will include the full array of tools available including but not limited to the following bioengineering techniques: Wattles/Fascines Wattles are bundles of live, woody material tied into bundles, generally 4 to 12 inches in diameter and typically 8 feet long. They will be placed in shallow trenches on banks or slopes parallel to the stream contour. They will be partially covered with soil. Wedge -like dead stakes will secure them into plaice at 2 to 3 foot intervals. This live - rooting material grows into a live fence -like erosion barrier. The wattle and the trench create a sediment trap. Straw mulching the site after installation will retain moisture and reduce surface erosion. This is the most functional and easiest to install of the bioengineering materials. Brush (branch) Layering This technique utilizes a 2 to 4 -inch layer of readily rooting live branches which are 0.25 to 0.5 inch in diameter and 3 to 6 feet in length. Brush (branch) layerings will be planted on terraced benches with two-thirds of the basal material covered with soil. Six to 12 inches of upper growth will be exposed Before installing, soil terraces can be additionally protected by putting down geo- fabric. Secondary layers of live branches are added 3 to 4 feet from the bottom of the slope. Before growth begins, they will add stability and aid in moisture retention. Straw mulch may be used to provide additional moisture retention and erosion control. Brush Mattressing This technique utilizes live, woody material 0.5 to 3- inches in diameter, at random lengths. This material is placed 4 to 6 inches deep on sloped areas. Generally starting at the bottom of the slope, they are laid in a crisscross pattern protecting 6 or more feet of slope. They are held in place with wedge -like dead stakes and secured with string or wire. Four inches of loose soil is placed on top to sufficiently cover the majority of the branches. The brush mattressing will act as an immediate sediment trap and grows into a shrubby carpet -like protective barrier. This technique is effective on slopes with a 2:1 ratio or flatter. Live Cuttings Cuttings are living plant material of un- rooted, woody stems that will root and establish shrubs in wet, fertile conditions. They are ideal for planting in mass where erosion control and bank stability are an immediate concern. Live Whirs Live whips are woody shrub material 0.25 to 1 inch in diameter and 4 feet to 6 feet long. Live whips are used in conjunction with gabion walls, riprap and geo-fabrics. Two- thirds to three quarters of live whips will be covered with soil. Whips can be installed laying on their side or erect in the soil. Live whips must be long enough to reach soil behind or below hard structures. M3 Eagle B -7 Master Habitat Mitigation Plan January 2010 Rooted Cuttings and Bareroot Plants Plants have 8 to 36 inches of above - ground growth and established roots. They are used to establish shrubs and trees on restoration projects. These materials are to be planted 2 to 8 feet apart and their roots must be covered with soil. See list of available species above. Wedge -like Dead Stakes These are pieces of wood cut in long wedges. They measure 1.5 by 3 inches by 2.5 feet long. These dead stakes are driven into the soil to secure wattles, brush mattressing, and other applications of soil bioengineering. References A itsch, William, J. and Gosselink, James, G. 2000. Wetlands. Third edition. John Wiley & Sons, Inc. New York. M3 Eagle B-8 Master Habitat Mitigation Plan January 2010