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Development Agreement - 2017 - Williamson River Ranch Subd Isla Del Rio - 4/5/2017Recording Requested By and When Recorded Return to: City of Eagle 660 E. Civic Lane P.O. Box 1520 Eagle, Idaho 83616 ADA COUNTY RECORDER Christopher D. Rich BOISE IDAHO Pgs=79 BONNIE OBERBILLIG EAGLE CITY 2017-032374 04/14/2017 09:43 AM NO FEE 111111111111111111111111 III II 1111111111111111 III 00360627201700323740790797 DEVELOPMENT AGREEMENT For Recording Purposes Do Not Write Above This Line This Development Agreement (this "Development Agreement"), made and entered into on the date as indicated herein, by and between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle" or the "City"), by and through its Mayor, and Williamson River Ranch LLC, an Idaho limited liability company ("Owner"). WHEREAS, Owner is the owner of record of certain real estate generally located at the terminus of East Island Woods Drive and East Garden Brook Drive, Eagle, Idaho (the "Property"), as specifically defined in the attached legal description (Exhibit A), which is the subject of an application for rezone identified as Rezone Application No. RZ-05-15; and WHEREAS, the proposed residential development of the Property (the "Project" or the "development") includes parcels currently zoned RP (Rural Preservation — Ada County designation); and WHEREAS, Owner desires a R -2 -DA -P (Residential with a development agreement — PUD) zoning classification to develop the Project on the Property; and WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined that the scope of any residential project upon the Property must be limited with the use of a development agreement to prevent undue damage to, and to otherwise be in harmony with, the existing community; and WHEREAS, the intent of this Development Agreement is to protect the rights of Owner's use and enjoyment of the Property while at the same time limiting any adverse impacts of the development upon neighboring properties and the existing community and ensuring the Property is developed in a manner consistent with this Development Agreement; and WHEREAS, Owner has agreed to the use restrictions and other limitations set forth herein upon the use and development of the Property and has consented to a R -2 -DA -P (Residential with a development agreement — PUD) zoning designation for the Property with the requirements set forth in this Development Agreement; and WHEREAS, Owner has provided Eagle with an affidavit agreeing to submit the Property to a development agreement (Exhibit B) pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by same; and Page 1 of 10 K:'Planning Dept\Eagle Applications'Preliminary Development Plans\2015\IsIa del Rio Sub da cc fnl ver (2).docx WHEREAS, all exhibits described herein are attached hereto and are incorporated herein by reference. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, it is agreed as follows: ARTICLE 1 LEGAL AUTHORITY This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 67-6511A and Eagle City Code, Title 8, Chapter 10. ARTICLE 2 ZONING ORDINANCE AMENDMENT Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the subject of the application in connection with the Project to the R -2 -DA -P (Residential with a development agreement — PUD), after recordation of, and subject to the provisions of this Development Agreement. The ordinance will become effective after its passage, approval, and publication and the execution and recordation of this Development Agreement. ARTICLE 3 CONDITIONS ON DEVELOPMENT 3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary plat and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Development Agreement. 3.2 The Concept Plan (Exhibit C) represents Owner's current concept for completion of the Project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan and notice shall be provided as may be required by the City. 3.3 The total number of residential units on the Property shall not exceed 97 -units and the maximum density of the property shall not exceed 1.77 dwelling units per acre (excluding floodway). 3.4 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, and amenities. Owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified and that the homeowners association or other entity cannot be dissolved without the express consent of the City. (b) A requirement for all fencing located adjacent to open space and corner lots to be open - style such as capped wrought iron, capped extruded aluminum (looks identical to wrought iron), or three -rail -type decorative fencing. Solid -type fencing is acceptable along the southern boundary of the Project. Page 2 of 10 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\201 SIsla del Rio Sub da cc fill ver (2).docx (c) A requirement that development (including fencing) within the floodway area is prohibited unless certification by a registered professional hydraulic engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge and uses within the floodway shall be restricted to those which are required for public necessity. (d) A requirement that riparian vegetation and wildlife habitat, if any, along the stream bank and within the required 25 -foot wide setback or riparian zone be maintained. (e) An express acknowledgement that the property owners are aware of the existence of the Boise Waste Water Treatment Plant located across the south channel of the Boise River and waive the right to file complaints regarding odors, noise or other normal operations associated with the waste water treatment plant. (f) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. 3.5 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown in Exhibit D. To assure compliance with this condition, Owner shall create an architectural control committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs, and shall be reviewed and approved by the City attorney prior to the approval of the first fmal plat. The submittal of the building permit application to the City for each structure within the Project shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not substantially conform to the design requirements as shown on Exhibit D. If a building permit is denied, Owner shall have the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8-7-4-1. 3.6 Owner's Project shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the Project. 3.7 Owner shall provide a clubhouse and pool located within the development. The intent of the pool and club house is to provide a venue for activities for the residents of the development. The building architecture and associated landscaping shall be reviewed and approved by the Eagle Design Review Board prior to submittal of a final plat application. 3.8 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, playground Page 3 of 10 K\Planning Dept\Eagle Applications\Preliminary Development Plans \2015Usla del Rio Sub da cc fill ver (2).docx equipment, gazebos, and/or similar amenities, 6) design of ponds to be constructed in reference to mosquito abatement, and 7) all proposed fencing throughout the development. The design review application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat application. 3.9 Owner shall provide a report or analysis of any proposed changes to wetlands located on the Property and any such change shall be contingent upon approval by the Army Corps of Engineers, Idaho Fish & Game Department (if applicable), the Idaho Department of Water Resources (if applicable), Ada County, and any other appropriate governmental agencies, and shall be in accordance with the Eagle Comprehensive Plan and City Code. Owner agrees all development and improvement of the Property shall comply with rules and regulations pertaining to regulated wetlands prior to submittal of a final plat application. 3.10 Owner shall provide an approved Land Use Change/Site Development Application from Boise River Flood Control District No. 10 prior to submittal of a final plat application. 3.11 Owner shall comply with all applicable provisions of Title 10, Flood Control, of the Eagle City Code. 3.12 All buildings shall be setback a minimum of 100 -feet from the floodway line as identified on the Flood Insurance Rate Map (FIRM) associated with the Property. 3.13 Owner shall comply with the U.S. Federal Fish and Wildlife Permit, No. MB86328B-0, Conditions and Authorizations and Monitoring Protocol Details. In addition, Owner shall comply with the following development requirements: (a) The proposed lots located within the 330 -foot wide buffer area will meet all provisions outlined in the Isla del Rio Subdivision Environmental Impact Assessment (Exhibit E), date stamped by the City on January 29, 2016. (b) The area located within the 330 -foot wide buffer area (Lots 23-28, Block 3) shall only be preliminary platted until such time as the eagle's nest is confirmed as abandoned by the U.S. Fish and Wildlife Service (USFWS) and City. Upon confirmation that the eagle's nest is abandoned by the USFWS and City the lots within the 330 -foot buffer area may be final platted. (c) The proposed lots located within the 660 -foot wide buffer area will meet all provisions outlined in the Isla del Rio Subdivision Environmental Impact Assessment (Exhibit E), date stamped by the City on January 29, 2016. (d) The proposed lots located within the 660 -foot wide buffer area shall only be preliminary platted until the required landscaped buffer located within the 330 -foot wide nest buffer area reaches maturity, as defined by the Isla del Rio Subdivision Environmental Impact Assessment (Exhibit E), date stamped by the City on January 29, 2016. The mature landscaped buffer area shall be inspected and approved by the USFWS and City. Upon approval of the mature landscaped buffer area by the USFWS and City the lots within the 660 -foot wide buffer area (outside of the 330 -foot wide buffer area) may be final platted. (e) The phasing plan, shown on the preliminary plat, date stamped by the City on July 25, 2016, shall be amended so that all lots located within phase four (4) are only those found within the 660 -foot wide buffer area and so that all lots located within phase five (5) are only those found within the 330 -foot wide buffer area. The preliminary plat shall remain Page 4 of 10 K:\Planning Dept\Eagle Applications\Preliminary Development Plaos\2015\Isla del Rio Sub da cc fill ver (2).docx in effect for a period of one year following the expiration of U.S. Federal Fish & Wildlife Permit No. MB86328B-0. (f) The area located within the 660 -foot wide buffer area shall be graded outside of the defined courting, nest, and fledging periods (January — July/August). Buried infrastructure shall only be allowed within this area and timeframe, however, no additional development or infrastructure shall be constructed within the 660 -foot area until the required landscaping located within the 330 -foot nest buffer area reaches maturity, as defined by the Isla del Rio Subdivision Environmental Impact Assessment (Exhibit E) or an acceptable alternative that is reviewed and approved by the USFWS and City. This includes the construction of roads, sidewalks, and other infrastructure to be constructed within the 660 -foot wide buffer area. General maintenance of the buffer areas is allowed, but should be minimized to the extent possible during courting, nest, and fledging periods (January — July/August). In the event that a new bald eagle nest is constructed within the generalized area, all construction activity would cease within the 660 -foot radius from the nest until a bald eagle plan is developed and approved by the USFWS and City, and a new permit issued by the USFWS. (g) (h) A bald eagle nest monitoring plan associated with the area located within the 660 -foot wide nest buffer shall be provided quarterly to the USFWS and the City. Prior to submittal of a final plat application Owner shall record a deed restriction in connection with the 330 -foot wide buffer area reasonably acceptable to the City attorney advising the public of condition of development approval 3.13 and U.S. Federal Fish and Wildlife Permit No. MB86328B-0, and prohibiting the sale of lots within the 330 -foot wide buffer area to an end user for the construction of a dwelling until satisfaction of condition 3.13 and Permit No. MB86328B-0. 3.14 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-4-1-6, a minimum ten foot (10') wide asphalt public pathway along the portion of the Property located adjacent to the Boise River. The pathway shall be constructed concurrently with Phase No. 1 of Williamson River Ranch (f.k.a. Isla Del Rio) Subdivision. The specific location and design of the pathway shall be approved by the City Engineer and the City of Eagle Park and Pathway Development Commission prior to submittal of a design review application. The asphalt pathway shall be located in a recorded easement or easements dedicated to and accepted by Eagle. The instrument number of the recorded easement or easements shall be referenced on the face of the plat, upon recordation of the final plat(s) wherein the pathway is located. Upon completion of construction of the pathway and prior to the acceptance of the pathway by the City, Owner shall 1) submit a survey stamped and prepared by a professional land surveyor demonstrating that the pathway was constructed within the easement area, and 2) submit a letter from the design engineer indicating that the pathway was constructed in substantial compliance with the approved plans and specifications. Other than any pathways approved by Eagle, development within the Floodway and the open space area between the development and the Boise River shall be prohibited. 3.15 A minimum of one emergency and/or service access point to the Boise River for the use of repair and rescue equipment and personnel shall be provided. Location and width of emergency and/or service access shall be as determined in coordination with the City of Eagle Park and Pathway Development Commission, Eagle Fire Department, and Boise River Flood Control District #10 and approved by City prior to approval of a design review application for the Property. (i) Page 5 of 10 K\Planning Dept\Eagle Applications\Preliminary Development Plans \2015\Isla del Rio Sub do cc fnl ver (2).docx 3.16 Upon completion of the Ada County Development Services Property Boundary Adjustment (Project No. 201500467 PBA) Conditions of Approval Owner shall provide a copy of the final approval letter to the City prior to the City adopting an ordinance of annexation. 3.17 The Eagle Island Area of Impact Agreement between the City of Eagle and the City of Boise shall be approved and executed by the City Council prior to approving a resolution to amend the comprehensive plan. ARTICLE 4 AFFIDAVIT OF PROPERTY OWNERS An affidavit of the Owner(s) of the Property is attached hereto and incorporated by reference herein agrees to subject the Property to this Development Agreement (Exhibit B) and be bound thereby, and comply with and be bound by the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code Section 8- 10-1 shall be provided and is incorporated herein by reference. ARTICLE 5 DEFAULT 5.1 In the event Owner fails to comply with the commitments set forth herein, within thirty (30) days of written notice of such failure from Eagle, Eagle shall have the right, without prejudice to any other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the requirements contained in this Development Agreement or to terminate the Development Agreement following the process established in Eagle City Code Section 8-10-1 and in accordance with the notice and hearing provisions of Idaho Code Section 67-6509. In the event this Development Agreement is terminated pursuant to this Article 5, use of the Property shall be limited to those uses allowed within an A -R (Agricultural -Residential) zoning designation until Eagle enacts and records an ordinance changing the property to the A -R (Agricultural -Residential) zoning designation. 5.2 If required to proceed in a court of law or equity to enforce any provision of this Development Agreement, the prevailing party shall be entitled to recover all direct out-of-pocket costs so incurred to cure or enjoin such default and to enforce the commitments contained in this Development Agreement, including attorneys' fees and court costs. ARTICLE 6 UNENFORCEABLE PROVISIONS If any term, provision, commitment, or restriction of this Development Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Development Agreement shall nevertheless remain in full force and effect and that portion determined to be invalid or unenforceable shall be re -negotiated in good faith between the Owner (or other appropriate party) and Eagle. ARTICLE 7 ASSIGNMENT AND TRANSFER After its execution, the Development Agreement shall be recorded in the office of the Ada County Recorder at the expense of Owner. Each commitment and restriction on the development 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 Development Agreement shall be binding on the Owner, and the Owner's respective heirs, administrators, executors, agents, legal representatives, successors, and assigns; provided, however, that if all or any Page 6 of 10 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2015\Isla del Rio Sub da cc fnl ver (2).docx portion of the development is sold, the sellers shall thereupon be released and discharged from any and all obligations in connection with the property sold arising under this Development Agreement. The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be bound by and liable for all commitments and other obligations arising under this Development Agreement with respect to the Property or portion thereof. Provided, however, notwithstanding anything to the contrary herein, this Development Agreement shall automatically terminate and be of no further force or effect with regard to that portion of the Property legally described in any final plat recorded for the Project, and this Development Agreement shall not be binding on any end user of a lot in such final plat. ARTICLE 8 GENERAL MATTERS 8.1 Any alteration or change to this Development Agreement shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1. 8.2 This Development 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 Development Agreement. As used in this Development 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. 8.3 This Development Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Development Agreement. Any action brought in connection with this Development Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 8.4 Both Owner and Eagle acknowledge that they each have been represented by legal counsel in negotiating this Development Agreement and that neither party shall have been deemed to have been the draftor of this Development Agreement. 8.5 Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to whom the notice is directed at the address of such party set forth below; Eagle: City of Eagle 660 E. Civic Lane Eagle, Idaho 83616 Owner: Williamson River Ranch LLC Attn: Jeffry L. Stoddard 28281 Crown Valley Parkway, Suite 200 Laguna Niguel, CA 92677 Or such other address and to such other persons as the parties may hereafter designate. Any such notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours after deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24) hours after timely deposit with a reputable overnight delivery service. Page 7of10 K\Planning Dept\Eagle Applications\Preliminary Development Plans\2015UsIa del Rio Sub da cc fnl ver (2).docx 8.6 In addition to the other remedies afforded Eagle herein, Owner agrees to provide adequate financial assurance to Eagle, to secure the payment of any deferred balance of the attorney fees and the engineering fees, together with interest accrued thereon. Eagle shall provide to Owner an estimate for the anticipated attorney fees and engineering fees associated with this Development Agreement. Owner shall provide a cash deposit, letter of credit or a bond in the amount of the estimated fees associated with the work undertaken pursuant to the terms of this Development Agreement. Thereafter, Eagle shall bill Owner for such fees, adjusting the estimates as appropriate. Owner shall make payments for such fees as incurred by Eagle and as invoiced to Owner or, if Owner has made a cash deposit with Eagle, Eagle may draw on the deposit to pay its invoice. If the financial assurance deposited by Owner is in the form of a letter of credit, and if Owner fails to make payment for such fees when actually incurred by Eagle and invoiced, then following thirty (30) days of written notice of such failure from Eagle, Eagle may draw upon the financial assurance provided by Owner. Thereafter, if the then current estimated fees still to be paid exceeds the amount of the then current balance of the financial assurance (whether it be in the form of a cash deposit or a letter of credit),Owner shall replenish the financial assurance and shall become current as to all outstanding fees owed. Upon payment in full of all attorney fees and engineering fees, Eagle shall release to Owner the unused portion of the cash deposit or the letter of credit, as applicable. Eagle's draw upon the financial assurance under this Section shall not preclude it from exercising any of the other rights and remedies afforded it in Article 5 or in Section 8.7. In the event Owner fails to comply with the terms and conditions hereof in any material respect, the City may, without further notice to Owner, exercise any or all of the following remedies: (a) Withhold the issuance of any building permit or certificate of occupancy of any structure located within the Project; (b) Withhold the connection of water, sewer or electric service to any property located within the Project; (c) Refuse to accept public ownership and maintenance of public improvements within the Project and record a notice of such action with the Ada County Recorder's Office; (d) Issue a stop work order for any building under construction within the Project; (e) Withhold reimbursement of Project surety/financial guarantee of performance collected pursuant to Section 9-4-2-2 of the City Code; or Bring an action for damages, injunctive relief, specific performance or any other remedy available at law or in equity. All of the above remedies are cumulative and to the extent not wholly inconsistent with each other, may be enforced simultaneously or separately, at the sole discretion of the City. 8.7 This Development Agreement shall be effective upon the signing and execution of this Development Agreement by both parties. 8.8 By the execution and delivery of this Development Agreement by the parties, and the performance of their covenants and obligations therein, the parties acknowledge such action has been duly authorized by all necessary corporate (or LLC) action, and necessary corporate (or LLC) resolution(s) have been executed for the undersigned representatives to sign this Development Agreement and so bind their respective parties. 8.9 This Development Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same document. (fl Page 8 of 10 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\20151Isla del Rio Sub da cc fill ver (2).docx IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this day of r 017. .S.1OFEl V R'S :*: .li. :* T. SEAL' :.r�r•C••N•A•T ,; S,1 • ••• .`. • ••,'OF `9'.0'x. ATTEST: Sharon K. Bergmann, City Cl rk STATE OF IDAHO ) ) ss. County of Ada CITY OF EAGLE, a municipal corporation organized and existing under aws of the tate of Idaho By: Start Ridgeway, Mayor OWNER: Williamson River Ranch LLC, an Idaho limited liability company formerly known as Rivers Island, LLC By: Stoddard Property Inves Management, LLC, an s•, •ted liabilil , coapany It eneral Partn if /.4.4 Jeffry -.St07• :Waging Member On this day of Pt f (t k , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared JEFFRY L. STODDARD, known or identified to me to be the Managing Member of Stoddard Investments Management LLC, a limited liability company and the General Partner of Stoddard Property Investment Limited Partnership, a limited partnership and the Managing Member of WILLIAMSON RIVER RANCH LLC, a limited liability company, and the managing member who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said limited liability company, and that such member executed the same in said limited partnership name, and that such limited partnership executed the same in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. I•s° Mary Public for Idaho 1 NOTA./1). Redding at c1 % 5c t 14=i, t�--- * M411b *commission expires: S- 14 - • • AUB1 '• II>, ��� """���419 of 10 K:U'lannutg pl} arrut yinn'etevelopment Plans\20l5Usla del Rio Sub da cc fill ver (2).docx ••.ifQf l f(/J/j/+/f�1/YY% INDEX OF EXHIBITS A Legal Description B Affidavit of Owner C Concept Plan D Conceptual Residential Elevations E Isla del Rio [aka Williamson River Ranch] Environmental Impact Assessment Page 10 of 10 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2015\Isla del Rio Sub da cc fnl ver (2).docx EXHIBIT A Legal Description EXHIBIT A - 1 March 19, 2015 Project No. 114111 EXHIBIT "A" THE LAND GROUP, INC. ISAL DEL RIO SUBDIVISION ANNEXATION DESCRIPTION 1 Page 1 of 2 RECEIVED & FILED CITY OF EAGLE I File. Route te, M f5 14Qr;% 3 20 i5 A parcel of land located in Government Lot 5 of Section 15, Government Lot 8 of Section 16, Government Lot 1 of Section 21 and Government Lot 4 of Section 22, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section Corner common to Sections 15, 16, 21 and 22 of said Township 4 North, Range 1 East (from which point the One Quarter Section Corner common to said Sections 15 and 22 bears South 89°46'57" East, 2652.26 feet distant), (formerly described as South 89°46'16" East, 2652.33 feet and 2652.20 feet); Thence from said Section Corner common to Sections 15, 16, 21 and 22, South 89°46'57" East, a distance of 1326.20 feet on the Section Line common to said Sections 15 and 22 to the northeast corner of Government Lot 4 of said Section 22, said point being the POINT OF BEGINNING; Thence South 01°14'28" West, a distance of 513.21 feet on the easterly boundary line of Government Lot 4 of said Section 22; Thence North 63°28'38" West, a distance of 1260.05 feet; Thence North 04°19'55" West, a distance of 421.03 feet; Thence North 80°40'59" West, a distance of 221.17 feet; Thence North 85°40'42" West, a distance of 187.09 feet; Thence South 60°24'34" West, a distance of 184.61 feet; Thence South 01°35'28" East, a distance of 421.38 feet; Thence North 89°43'33" West, a distance of 218.63 feet; Thence South 01°35'28" East, a distance of 65.07 feet; Thence South 88°41'52" West, a distance of 56.50 feet to a point of curve; Thence 45.12 feet on the arc of a curve to the right, said curve having a radius of 41.00 feet, a central angle of 63°02'52", a chord bearing of South 29°55'57" West, and a chord distance of 42.87 feet; Thence South 61°57'51" West, a distance of 98.93 feet to an angle point on the Easterly boundary line of Riversend Subdivision, as same is shown on the Plat thereof recorded in Book 84 of Plats at Page 9355 of Ada County Records, said point being the northeast corner of Lot 8, Block 2 of said Riversend Subdivision; Thence North 78°48'03" West, a distance of 35.89 feet on the Easterly boundary line of said Riversend Subdivision; Thence North 01°34'42" West, a distance of 612.67 feet (formerly described as 612.62 feet) on the Easterly boundary line of said Riversend Subdivision, and a portion of said line being on the Easterly boundary line of Riversend Subdivision No. 2, as same is shown on the Plat thereof recorded in Book 89 of Plats at Page 10405 of Ada County Records to an angle point in the easterly lot line of Lot 3, Block 8 of said Riversend Subdivision No. 2; Site Planning °landscape Architecture ° Civil Engineering • Golf Course Irrigation & Engineering • Graphic Communication • Survevinr•, Inba; orAr,01% .41 e-�e • %rie THE LAND GROUP, INC. Page 2 of 2 Thence on the Easterly boundary line of said Riversend Subdivision No. 2 for the following courses and distances: Thence North 16°41'05" East, a distance of 869.57 feet (formerly described as 869.60 feet); Thence North 23°29'28" West, a distance of 289.82 feet; Thence North 63°22'38" West, a distance of 49.19 feet; Thence North 00°00'53" East, a distance of 532.70 feet (formerly described as 532.60 feet) to a point on the South bank of the North Channel of the Boise River; Thence leaving the easterly boundary line of said Riversend Subdivision No. 2, and on the South bank of the North Channel of the Boise River as same is shown on Parcel A of Record - of -Survey Number 8541 of Ada County Records, for the following courses and distances; Thence North 82°34'52" East, a distance of 67.77 feet (formerly described as 67.36 feet); Thence North 74°10'38" East, a distance of 76.66 feet (formerly described as 76.80 feet); Thence South 66°25'07" East, a distance of 81.24 feet; Thence South 66°17'07" East, a distance of 108.54 feet (formerly described as 108.44 feet); Thence South 66°18'27" East, a distance of 473.56 feet; Thence South 43°03'43" East, a distance of 134.49 feet (formerly described as 134.54 feet); Thence South 07°10'08" West, a distance of 122.49 feet (formerly described as 122.57 feet); Thence South 20°58'06" East, a distance of 76.32 feet (formerly described as 76.42 feet); Thence South 39°17'09" East, a distance of 55.13 feet (formerly described as 55.04 feet); Thence South 84°07'30" East, a distance of 203.52 feet (formerly described as 201.72 feet); Thence South 53°45'48" East, a distance of 102.67 feet (formerly described as 105.02 feet); Thence South 61°35'16" East, a distance of 166.60 feet (formerly described as 165.55 feet); Thence South 53°25'29" East, a distance of 186.26 feet (formerly described as 187.07 feet); Thence South 74°25'26" East,•a distance of 108.82 feet (formerly described as 108.95 feet); Thence South 51°10'45" East, a distance of 288.39 feet (formerly described as 289.05 feet); Thence South 22°34'30" East, a distance of 234.06 feet (formerly described as 231.64 feet); Thence South 48°01'53" East, a distance of 253.47 feet (formerly described as 254.58 feet); Thence leaving the South bank of the North Channel of the Boise River, South 00°42'34" West, a distance of 693.03 feet (formerly described as 693.22 feet) to the point of beginning. Said parcel contains 74.32 acres more or less. PREPARED BY: THE LAND GROUP, INC. James R. Washburn Site Planning • Landscape Architecture • Civil Engineering • Golf Course irrigation & Engineering • Graphic Communication • Survevinc EXHIBIT B Affidavit of Owner EXHIBIT B - 1 EXHIBIT "B" Affidavit of JEFFRY L. STODDARD on behalf of Williamson River Ranch, LLC AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. County of Ada JEFFRY L. STODDARD, who being first duly sworn under oath, deposes and says: 1. I am JEFFRY L. STODDARD, who is the Managing Member of Stoddard Investments Management LLC, a limited liability company and the General Partner of Stoddard Property Investment Limited Partnership, a limited partnership and the Managing Member of Williamson River Ranch, LLC, a limited liability company, whose mailing address is 28281 Crown Valley Parkway, Suite 200, Laguna Niguel, CA, 92677 ("Williamson River Ranch, LLC"). 2. Williamson River Ranch, LLC, is the fee simple owner of the parcel of real property described on Exhibit A, attached hereto (the "Property"). 3. The Williamson River Ranch, LLC, authorizes the submission of the Property to certain Development Agreement pursuant to the provisions het forth in Idaho Code Section 67- 6511A and Eagle City Code Section 8-10-1 dated they- day of AQP`. \ , 2017 by and between the City of Eagle, a municipal corporation in the tate of Idaho, and Williamson River Ranch, LLC (the "Agreement"). h DATED this J day of f4 2017. OWNER: Williamson River Ranch LLC, an Idaho limited liability company formerly known as Rivers Island, LLC By: S dard Property o limit C, an I Its: Gene estment Management, ty company By. Je SUBSCRIBED AND SWORN to before me this S� day of ,$0010.uu8111._ Ss 4:4:•. .i.,An n C_l.,fir �t NO?9' � �' Votary Public for Idaho y ! re %. �P� : xi B.esiding at gt.ie L , Idaho A t G8 My Commission expires 5 - a`t - • >°.`y�'• tic• •v0. •~n••A••••••• . , Page 1 of 1 K:\Plannin a Ni AbBii A I'Preliminary Development Plans \2015\[sladel Rio Sub da affidavit.doc , Managing Member , 2017. EXHIBIT C Concept Plan EXHIBIT C - 1 Conceptual Site Layout 101161AL MIL 1.. SLIM Isla Del Rio Subdivision Concept Rendering Ad. Cooly, Idaho EXHIBIT D Conceptual Residential Elevations EXHIBIT D - 1 Isla Del Rio Subdivision Street and house examples: • Li `'ce, <'s ;.hamj, • :47 meq i°b `nom i �� �-✓ Yrc:�>�� "ii R'•.::_��'i" .. `,�_ +?..Mas: .4-4;q•••74,- :47 lzZ Isla Del Rio Subdivision Exhibit "D" RECEIVED & FILEL) CITY OF EAGLE Isla Del Rio Subdivision Exhibit "D" • • wi2y,' . • • . - • • - -.."r•V';'7•41.r " .700-7ZA:110 EXHIBIT E Isla del Rio [aka Williamson River Ranch] Environmental Impact Assessment EXHIBIT E - 1 EXHIBIT "E" Isla Del Rio Subdivision Environmental Impact Assessment January 28, 2016 Prepared by Ecosystem Sciences 1 202 N. 9th Suite 400 Boise, ID 83702 1 Telephone 208.383.0226 1 Facsimile 208.368.0184 1 www.ecosystemsciences.com II 1 Table of Contents Executive Summary 1 Introduction 3 Purpose 3 Project Location and Environmental Setting 3 Project Description 4 Methods 7 Existing Information 7 Initial Field Investigation 7 Bald Eagle Nest and Bald Eagle Working Group Activities 7 Land Cover Mapping 8 Environmental Features 9 Hydrology, Landform and Floodplain Mapping 9 Vegetation 15 Land Cover 15 Land Cover Type Descriptions 16 Plant Species Known to Occur in the Area 21 Special Status Plant Species 21 Observed Plant Species from Field Survey 21 Black Cottonwood Dominated Riparian Forest 22 False Indigo 22 Fish and Wildlife 22 IFWIS Historically Observed Species 22 Observed Species from Field Investigation 24 Double -crested cormorants 25 Bald Eagles 25 Migratory Bird Treaty Act of 1918 25 The Bald and Golden Eagle Protection Act 25 Changes to Development Plan Based on Presence of Eagle Nest 28 Information on Nesting Eagles in the Area 33 Discussion of Environmental Impacts 36 Impacts on Areas Not of Critical Environmental Concern 36 Impacts on the Area of Critical Environmental Concern 36 Impacts on Riparian Vegetation and the Floodplain Connection 36 Storm Water Management and Water Quality 37 Management of Common Areas 37 Greenbelt and Development Pathways 37 Effects on Eagles and Other Riparian Wildlife Species 38 Conclusions and Recommendations 38 Literature Cited 39 Appendix A: Plant Species 40 Appendix B: Wildlife Species 49 iv Executive Summary The purpose of this report is to assess potential impacts of the proposed subdivision "Isla del Rio" on wildlife and habitat resources located on Eagle Island bordering the North Channel of the Boise River within the Eagle City Code Section 9-5-8 Area of Critical Environmental Concern. The project area contains areas classified as part of the Floodway, 100 -year Floodplain (the AE classification from FEMA), and the 500 -year floodplain (0.2% chance of flooding classification by FEMA). The proposed development will be composed of single family homes on individual Tots built over four phases. Common areas will include recreational facilities, ornamental ponds and natural areas. Natural areas will be enhanced through constructed ponds, streams and other waterbodies, as well as planting of riparian vegetation. No riparian vegetation will be removed for housing construction, although some may be altered as part of the riparian enhancement. Buildings will have a maximum height of 35' with front setbacks of 20', rear setbacks of 25' and minimum widths of 75'. The minimum lot size will be 10,000 sq. ft. New roadways as well as non - motorized pathways will be constructed. The developer's landscape and design consultant (The Land Group), the City of Eagle, Idaho Department of Fish and Game and United States Fish and Wildlife Service (USFWS) were consulted as part of this effort. The initial field investigation was performed on March 26th, 2015. An active bald eagle nest was observed adjacent the property that was close enough to influence activities conducted on the property. On Monday, June 15th, 2015, the "bald eagle working group" performed a visit to the Isla del Rio project site to view the active bald eagle nest located on the adjacent property and discuss development options and potential restrictions and conditions. Based on the discussion, a conceptual plan was delivered to agency personnel for comment on June 29th, 2015. Agency personnel provided feedback on this plan. The final development plan reflects agency input on avoidance, minimization, mitigation and monitoring efforts, as well as enhancement and mitigation actions that were part of the original plan. A Bald Eagle Take Permit was submitted to the USFWS on January 13th, 2016. The USFWS guideline is for a 90 -day processing time. The 74.3 acre Isla del Rio project area is dominated by three land cover types: Pasture Grassland (57.5 %), Grassland/Herbaceous (23.8%) and Riparian Forest/Shrubland (14.6%). These three cover types account for roughly 96% of the project area. The remaining 4% of the project area consists of the Open Water, Wet Meadow Grassland (mesic) and Road cover types. The livestock farm has a pleasing aesthetic, but provides little habitat value to most wildlife species. The parcel does contribute to the agricultural character that is historic to the area. It provides open space with little human disturbance, but the habitat value is such that few wildlife species utilize the grassland areas. The river channel, floodplain and associated habitats are of high environmental concern. Urbanization of these areas makes restoration or enhancement difficult or impossible. When changes occur within the floodplain, it is important to avoid, minimize and mitigate the impacts to these areas. The Isla del Rio development plat does call for development within the 100 -year floodplain. This will involve filling of the floodplain but not the removal of existing riparian vegetation. Any filling of the floodplain has an effect on flood risk and ecosystem function. However, the existing land use does not function well as part of the river ecosystem. The development plan calls for lowering of floodplain surfaces (excavation of the ponds on the northern end of the property), construction of a stream channel, and planting of riparian vegetation. These actions present opportunities to enhance floodplain and river ecosystem function in the Tong -term and to mitigate for the effects of the development. Creating low -elevation surfaces that are designed by a river restoration professional to promote growth of a native cottonwood forest on the edge of the ponds in the northern end of the property would provide mitigation for impacts associated with land use change and disturbance of the bald eagle nest and promote long-term ecosystem health. The construction of the proposed development will increase impervious surface. The ponds will function for stormwater in accordance with ACHD standards and requirements. The Isla del Rio development proposes to manage the common area through its HOA. The HOA for the Isla del Rio development will have the ability to levy fines and put liens on properties. The final development plan seeks to avoid and minimize disturbance to nesting eagles over the short and long term and provides long-term mitigation for changes made within the floodplain. The goal is to create phased approach for construction activities on the property that eventually allows for residential development to occur within the 660' buffer (but outside the 330' buffer) of the nest site through making all practicable efforts to avoid and minimize disruption of eagles at the nest location. Lowering of floodplain surfaces, planting of native riparian vegetation, proper common area management, control of invasive weeds, successful design and implementation of the waterways and development of vegetation screening for the eagle nest and minimization of human penetration into riparian habitat areas will determine the Tong -term effect of the proposed development on the Area of Critical Environmental Concern. Introduction Purpose The purpose of this report is to assess potential impacts of the proposed subdivision "Isla del Rio" on wildlife and habitat resources located on Eagle Island bordering the North Channel of the Boise River within the Eagle City Code Section 9-5-8 Area of Critical Environmental Concern. This information is intended to fulfill the requirements of the City of Eagle Comprehensive Plan. Project Location and Environmental Setting The project area is a 74.3 -acre parcel located on Eagle Island on the Boise River within the City of Eagle, Idaho (Figure 1). The Boise River splits into what is commonly referred to as the North Channel and the South Channel of the Boise River as it flows around the island. The property is currently a livestock farm (Figure 2). The property has a series of canals, ditches and drains for irrigation purposes. Current land use on Eagle Island includes gravel extraction, agriculture, ranching and residential development. As the metropolitan area continues to grow, there are plans to expand residential development on Eagle Island. The project is located east of Hwy 55 (Eagle Road) between an existing development and former gravel extraction ponds. _ r.r-.6¢i.yr..µa 2 ibRr:,iWbae , - y • RR [µ/So' ,° S a..ic«: , .11 y0'"W , ' �• _ �rr s&3Y 1 JAIL: Ovnial -.-'4Erw. SE) -e I '4,‘,1 rs 4, ,,, -amu. f�,'�`�' f� • , e . g......rr.p �n. i c. oi' W�"a+Na.n -un'o' moo. nOtkk.rtn . R.s�`ea:•� y. jwmr� a'‘ 44 '•r0. ra...•. -,_,, ii 1' `_ - _ '-"2'grU''t"A. L � ' ,ems"..:, :':j; ' rig- a s Eae. m Sok F Isla del Rio Development ° City of Eagle Environmental Impact Assessment w Dana E. w -Jain, nt 4R9 1�. • 2 NO.* iGN, x NtiGN, Geoeaa�. ttadarter E4. ord�xre Suvoy EihUourr. ,Yl.i!�� t('CtoFAOars (Kong KotOi. n. 15...5%•154091) and VW GIS uar Community AA. G deo T 0.75 1.5 An IDR Property Boundary Figure 1. Location of Isla del Rio subdivision project area. 3 Map by Ecosystem Sciences The property borders the Boise River and contains floodplain surfaces that are or have been connected to the river's hydrology. These are Areas of Critical Environmental Concern and contain a suite of native and game species. Part of the property lies within the floodway and 100 -year floodplain mapped by FEMA. The floodplain areas contain wetlands that are subject to regulation of the U.S. Army Corps of Engineers. An active bald eagle nest has been observed adjacent to the property. Project Description The proposed development, Isla del Rio, will be composed of single family homes on individual Tots (Figure 3) built over four phases. Common areas will include recreational facilities, ornamental ponds and natural areas. Natural areas will be enhanced through constructed ponds, streams and other waterbodies, as well as planting of riparian vegetation. No riparian vegetation will be removed for housing construction, although some may be altered as part of the riparian enhancement (Figures 3 and 4). Buildings will have a maximum height of 35' with front setbacks of 20', rear setbacks of 25' and minimum widths of 75'. The minimum lot size will be 10,000 sq. ft. New roadways as well as cycling and pedestrian pathways will be constructed as well. • • -• 1 .A , free, • !I l . is J • Nit, , •5 5 ,• .•4•.::. '��. r� : �k:<�'. ss<_:1:\ LtiXs7, � •-'-.:�i, r;�rr : y ie.�c.:��'1:.: ; Isla del Rio Development ° City of Eagle Environmental Impact Assessment 0125 0.25 O IOR Property Boundary 0.5 Miles Map by Ecosystem Sciences Figure 2. The Isla del Rio project area is currently a working horse farm adjacent to the North Channel of the Boise River. • �_ a trwTr: - }gme Wart M•• Ulna • riosonet Z •.i Prelhalsaytet- Saadiat@ Isla del Rio Subdivision Praawraata Plat WNW Y iwr1 IA 1.I Mr t{, M.r.IW I lR ln...rlMl el MirMal Mamma 1st t of WI.. TA.►1t.aM1.Nolan. Oda Conti. Maio Figure 3. Plat for Isla del Rio Subdivision. 5 �1 •1 1.; •• . • • I11 I., • ji • I • v • - • • 4,4'• • - - *0, -4L • • • • - ..- • 127. .• Isla del Rio Development ° City of Eagle Environmental Impact Assessment Figure 4. Plat for Isla del Rio subdivision overlaid on aerial image. A 0 125 0.25 IDR Property Boundary 05 Ailes Map by Ecosystem Sciences Methods Existing Information Prior to the field investigation, Ecosystem Sciences consulted with the developer's landscape and design consultant (The Land Group), the City of Eagle, Idaho Department of Fish and Game (IDFG) and United States Fish and Wildlife Service (USFWS) to gather necessary information. An information request was made to the Idaho Fish and Wildlife Information System (IFWIS), which provided GIS shapefiles containing plant, fish and wildlife species occurrence data within a 1 -mile buffer of the project area, including special status species. In addition to the IFWIS data, we acquired 2013 aerial imagery (2013 NAIP), floodplain mapping (FEMA), Lidar and relative surface modeling data (RSM) (Richardson and Guilinger 2015). Project development plans and renderings were acquired from The Land Group in order to understand the planned project actions. Initial Field Investigation The initial field investigation was performed on March 26th, 2015 by scientists Derek Risso and Tamsen Binggeli of Ecosystem Sciences. Field maps with aerial imagery, IFWIS data locations and the project area boundary were prepared. Using GPS points, digital photographs and notations on field maps, observations were made of landforms, land cover types, hydrology, and plant and animal species. A route was planned that visited all land cover types, both the north channel, sloughs, side channels and locations of historic special status species occurrences. Bald Eagle Nest and Bald Eagle Working Group Activities An active bald eagle nest was observed adjacent the property that was close enough to influence actives conducted on the property. Following discussions with city, state and federal personnel, a "bald eagle working group" was formed to address the issue and make recommendations for development actions to avoid, minimize and mitigate for impacts on the eagle nest site. The group was composed of Matt Stuber, USFWS, Charlie Baun, ECS, Rick Ward, IDFG, and Derek Risso, Ecosystem Sciences. On Monday, June 15th, 2015, the "bald eagle working group" performed a visit to the Isla del Rio project site to view the active bald eagle nest located on the adjacent property and discuss development options and potential restrictions and conditions. The nest does not occur on the parcel proposed for development; therefore, the development has no control over the land on which the nest resides. However, based on its proximity, activities on the development parcel may have an effect on the eagles and therefore efforts to minimize and avoid disturbance were discussed. Based on the discussion, a conceptual plan was delivered to agency personnel for comment on June 29th, 2015. Agency personnel provided feedback on this plan. Following subsequent meetings and consultation, a final plan was created to develop the property that contains a number of measures to avoid, minimize and mitigate for potential impacts on the bald eagle nesting site. The final development plan reflects these changes as well as enhancement and mitigation actions that were part of the original plan. The final plan includes a monitoring plan in addition to numerous modifications to the original development plan. A Bald Eagle Take Permit was submitted to the USFWS on January 13th, 2016. The permit application is pending. Land Cover Mapping Utilizing photographs, GPS points and notes from the field, remotely sensed imagery (including the infrared band of the 2013 NAIP imagery), Lidar, and the RSM, habitat (land cover) within the project area was mapped in ESRI's ArcMAP 10.3 software. Special status species occurrences were located and shapefiles created. Beaver dam on side channel in northeast corner of the project area. The North Channel of the Boise River from the edge of the project area. Environmental Features Hydrology, Landform and Floodplain Mapping The project area lies on Eagle Island, a low-lying floodplain area consisting primarily of alluvial landforms. Prior to the construction of Luck Peak Dam, the area experienced frequent flooding events which have historically shaped the Eagle Island landscape. Today, these events are Tess frequent and severe due to the managed releases from Luck Peak Dam. Eagle Island is a highly modified landscape, with gravel extraction, levee and berm building, agriculture, ranching, and urbanization as major drivers of landscape change. The project area contains little topographic relief, but some areas are more prone to flooding than others. The project area contains areas classified as part of the Floodway, 100 -year Floodplain (the AE classification from FEMA), and the 500 -year floodplain (0.2% chance of flooding classification by FEMA). (Figure 5 and Figure 6). The FEMA AE classification includes the Floodway and areas outside of the Floodway that are within the 100 -year floodplain. The 500 -year floodplain is labeled as having a 0.2% chance of flooding (1 in 500). The majority of the property is within the 100 -year floodplain, making the property a low-lying area. Please note that this mapping is not the revised FEMA floodplain mapping as that data is not yet available for this area. Berm or small levee located along the northern section of the project area (see Figure 7). Isla del Rio Development City of Eagle Environmental Impact Assessment A \14 NFJ. C.1.41,m.:4111. Lkw to:q.t.:ray 0 125 0.25 0.5 Miles EL-11DR Property Boundary Figure 5. Floodway mapping near the project area. The proposed Isla del Rio Plat is overlaid in white. to 1 bY Ecosystem Sciences �\ /1 P,(7 .r . • Isla del Rio Development ° City of Eagle Environmental Impact Assessment Figure 6. FEMA Flood Risk Mapping. 0.125 0.25 AIDR Property Boundary 0.5 u s MaP by Ecosystem Sciences The project area contains current and historic side channels, sloughs, and high-flow channels. Many of the areas that were historically connected (hydrologically) to the Boise River have been physically disconnected by rip -rap and levees. These areas are best illustrated through the examination of the relative surface model of the area (Figures 7 and 8) (Richardson and Guilinger 2015). The RSM portrays land surface elevations in relation to the water surface elevations along the Boise River at a given discharge (in this case 7000 cfs). The RSM does not represent actual inundation areas and is only shown for visualization and planning purposes. The model is a representation of low versus high areas on the floodplain based on a theoretical water surface generated in GIS using LiDAR data and has not been calibrated to any measured or modeled water surface elevations. The importance of low-lying areas for flood control, habitat, and river function should not be underestimated. Any effort to preserve, reconnect, or enhance existing low-lying areas of the Boise River floodplain is important to the function and value of the Boise River ecosystem. With such a Targe proportion of the project area in the 100 -year floodplain, measures will need to be taken to ensure that flood risk is not increased due to development. These low-lying areas have a better connection to river hydrology, including groundwater and hyporheic zone. These areas also contain an abundance of species. For example, a beaver dam on the northeast side channel or slough increases the amount of aquatic habitat and changes the local hydrology for the benfit of several species. The riparian vegetation provides important habitat for a large suite of species. 64 441 ir #b. P4, 4 _ _ r • ,,, m b river) 4 Mire 'tedIr 111111* is J • IN 4 "prox .40.41 �` tr • Slough t b dyer, Existing farming max:hen Isla del Rio Development 0 City of Eagle Environmental Impact Assessment A 0.125 0.25 :`+High . 14-0488 OIDR Property Boundary • Low : -16.8498 0.5 Blas Mao by Ecosystem Sciences Figure 7. RSM map of project area with important features labeled. Blue areas are lower than the water surface elevation at 7000 ch; yellow areas are near water surface and red are above water surface. Isla del Rio Development ° City of Eagle N Environmental Impact Assessment A 0.125 0.25 IDR Property Boundary High 14 0488 Low -16.8498 0.5 _liies Map by Ecosystem Sciences Figure 8. RSM map of project area with the proposed development plat (white lines). Blue areas are lower than the water surface elevation at 7000 cfs; yellow areas are near water surface and red are above water surface. Vegetation Land Cover The 74.3 acre Isla del Rio project area is dominated by three land cover types: Pasture Grassland (57.5 %), Grassland/Herbaceous (23.8%) and Riparian Forest/Shrubland (14.6%). These three cover types account for roughly 96% of the project area (Figure 9, Table 1). The remaining 4% of the project area consists of the Open Water, Wet Meadow Grassland (mesic) and Road cover types. Table 1. Cover Type, Acres and Percent of Project Area. Cover Type Acres % of Area Grassland/Herbaceous (xeric) 17.6 23.8 Open Water 0.3 0.5 Pasture Grassland 42.7 57.5 Riparian Forest/ Shrubland 10.9 14.6 Road 0.2 0.2 Wet Meadow Grassland (mesic) 2.5 3.4 Total acres 74.3 100 Land Cover Type Descriptions Grassland/Herbaceous (xeric): This cover type is a mix of grasses and forbs similar to those found in wet meadows but containing more facultative species such as bluegrass (Poo spp.), mint (Mentha spp.), mullein (Verbascum spp.), salisfy (Tragopogon spp.), and an array of other grasses and herbs (many of which were not able to be identified due to field visit timing). Shrubs such as blackberry (Rubus spp.), rose (Rosa woodsi) and false indigo (Amorpha fruticosa) are found interspersed within this cover type. Although this cover type was green at the time of the field visit, we anticipate that these areas will dry out without irrigation later in the year during the hot and dry season. Grassland/Herbaceous (xeric) understory in the northwest corner of the property. Riparian forest visible in background and Pine Slough water on the left of the frame. This area is in a degraded condition. Open Water: Water occurs throughout the project area in the form of ditches, sloughs and side channels. For this project, irrigation ditches are inclusions in the Wet Meadow Grassland and Pasture/ Grassland cover types. An active side channel is located along the eastern edge of the project area. In the northwest, numerous irrigation ditches converge to create a wetland slough, called Pine Slough. "91L. TIT Active side channel located in northeastern portion of the project area. This area was partially mapped a�p Water and partially mapped as Riparian Forest/Shrubland. The area on the far side of the open water is an island between the side channel and the North Channel of the Boise River. Pasture Grassland: This cover type is dominated by irrigated mixed grasses for use by livestock and horses. This cover type includes small ditches and canals that deliver water around the project area. Larger canals are mapped as the Wet Meadow Grassland cover type. Within the project area, this cover type consists of vast homogenous areas. This is the dominant cover type within the project area. View of a pasture in the northern part of the project area looking south. The buildings visible in the distance are part of the existing horse farm and are not within the project area. The ditch is an inclusion into this cover type. Isla del Rio Development ° City of Eagle Environmental Impact Assessment A re,• C.; 0125 0.25 N Figure 9. Land cover map of project area. 0.5 files IDR Property Boundary Map by Ecosystem Sciences Riparian Forest/Shrubland: This cover type is dominated by black cottonwood (Populus balsamifera ssp. trichocarpa), box elder (Acer negundo), willow (Salixsp.), and silver maple (Acer saccharinum). Occasional black locust (Robinia pseudoacacia), cherry (Prunus spp.) and a variety of other trees occur occasionally as well. The understory is primarily made up of false indigo (Amorpha fruticosa), blackberry (Rubus spp.), rose (Rosa woodsi), golden current (Ribes aureum) and other riparian species. The project area does not represent a native riaprain system, but rather a mix of native and non-native species commonly found along the Boise River. The Grassland/Herbaceous (xeric) cover type is often found beneath the canopy, while the Wet Meadow Grassland (mesic) and Open Water occur to a lesser extent. Note that some of the side channel habitat mapped as Riparian Forest/ Shrubland has open water below the canopy. Riparian Forest patch along the side channel in the northeast corner of the project area. Cottonwoods dominate the canopy in this section. The bald eagle nest is visible on the right side of the frame, outside the project area. The bald eagle nest is discussed in detail in following sections. Road: The cover type consists of one paved road in the southwest corner of the project area that leads into the agricultural compound. Wet Meadow Grassland (mesic): This cover type persists in areas that are seasonally flooded/irrigated or those directly adjacent to or within water bodies. Common species associated with this cover type are rush (Juncus spp.), bulrush (Scirpus spp.), cattail (Typha latifolia) and orchard grass (Dactylis glomerata). Small ditches and waterways are frequent inclusions. Based on the vegetation species and near infrared signatures, these areas stay saturated for longer periods than the drier grasslands. Near the north boundary of the project area, irrigation return water (shown flowing toward Pine Slough) and associated wet meadow species, such as mixed grasses, rush (Juncus spp.), and cattail (Typha latifolia), are included in the Wet Meadow Grassland cover type. A berm that disconnects Pine Slough from the Boise River is visible on the right. Plant Species Known to Occur in the Area A list of plant species known to occur in the Eagle area was compiled prior to the field investigation from IDFG and Ecosystem Sciences files. It is included in Appendix A. Special Status Plant Species Aase's onion (Allium aaseae) is the only special status plant whose potential habitat was identified within a 1 -mile buffer of the project area, according to the Idaho Fish and Wildlife Information System (IFWIS). Aase's onion (Allium aaseae) is a small perennial plant in the Lily family (Liliaceae). It typically blooms in early spring and is found in elevations from 2,700 to 3,700 feet (Mancuso 1995). Aase's onion is endemic to southwest Idaho and has been documented in the lower foothills from Boise to Emmett, and in two locations in Weiser Aase's onion (Allium aaseae) (photo by Scott Earle). (Mancuso 1995). It grows in generally open, sparsely vegetated, southerly slopes with sandy substrate and is usually associated with bitterbrush/sagebrush communities (Mancuso 1995). Our land cover mapping and field investigations did not find habitat associated with this species within the project area. Observed Plant Species from Field Survey The field investigation was performed in late March. Therefore, many of the plants were either dormant or were just beginning their seasonal growth. This investigation was reconnaissance level and the species listed (Table 2) should not be viewed as an inventory, but rather as species or taxa common or likely to occur based on the available information and professional judgment of the scientists. Table 2. Common plant species observed during the field survey. Common Name Baltic rush Black cottonwood Black hawthorn Black locust Box elder Cattail False indigo Golden currant Northern catalpa Rush family Silver maple Willow Wood's Rose Latin Name Juncus balticus Populus balsamifera ssp. trichocarpa Crataegus douglasii Robinia pseudoacacia Acer negundo Typha latifolia Amorpha fruticosa Ribes aureum Catalpa speciosa Juncus spp. Acer saccharinum Salix spp. Rosa woodsii Black Cottonwood Dominated Riparian Forest Historically, the riparian community along the Boise River was dominated by a black cottonwood riparian forest (Kaltenecker et al. 1994). Much of this area has been converted to urban, agricultural and non- native species dominated landscapes (USACE 1995). These cottonwood forests are important to many bird and wildlife species, especially nesting and wintering bald eagle populations. The riparian forests are also important to fish and other aquatic organisms, as they stabilize stream banks, provide habitat, and reduce solar Toads that increase aquatic temperatures. These habitat areas are critical to a wide array of species and ecosystem processes. False Indigo False indigo (Amorpha fructicosa) is an invasive perennial shrub species of the Legume family that was found throughout the Riparian Forest/Shrubland and Grassland/Herbaceous cover types, sometimes occurring in thick stands along the Boise River. It grows from 3 to 12 feet tall and has firm woody branches that create an open canopy with most of the foliage in the upper third of the plant (NRCS 2003). Its flowers are tubular in appearance and bloom from late -spring to mid -summer (NRCS 2003). False indigo easily out -competes most native woody shrub species and it can create such a tight canopy that it precludes growth of other plants (NRCS 2003). False indigo was a common species in the understory of the Riparian Forest/Shrubland cover type. Fish and Wildlife IFWIS Historically Observed Species Data on fish and wildlife observations were obtained from the Idaho Fish and Wildlife Information System (IFWIS) for sightings or documentation of species within a 1 -mile buffer of the project area. Appendix B provides a list of all historically observed fish and wildlife species. Table 3 shows special status species documented within a 1 -mile buffer of the project area. No special status species have been documented to occur within the project area, only within the 1 -mile buffer. Species information and habitat preferences were reviewed prior to the field visit. Special attention was paid to sightings near the project area (Figure 10). Table 3. Special status species historically observed within 1 mile of the project area. Common Name American White Pelican Bald Eagle Barrow's Goldeneye Black -crowned Night -Heron Brewer's Blackbird California Gull Caspian Tern Cassin's Finch Clark's Grebe Cordilleran Flycatcher Double -crested Cormorant Eurasian Wigeon Ferruginous Hawk Franklin's Gull Great Egret Hooded Merganser Lesser Goldfinch Lesser Scaup Lewis' Woodpecker Merlin Northern Goshawk Northern Pintail Northern Shoveler Olive -sided Flycatcher Peregrine Falcon Prairie Falcon Red-naped Sapsucker Red -necked Grebe Swainson's Hawk Trumpeter Swan Western Grebe Willow Flycatcher Woodhouse's Toad Scientific Name Pelecanus erythrorhynchos Haliaeetus leucocephalus Bucephala islandica Nycticorax nycticorax Euphagus cyanocephalus Larus californicus Sterna caspia Carpodacus cassinii Aechmophorus clarkii Empidonax occidentalis Phalacrocorax auritus Anas penelope Buteo regalis Larus pipixcan Ardea alba Lophodytes cucullatus Carduelis psaltria Aythya affinis Melanerpes lewis Falco columbarius Accipiter gentilis Anas acuta Anas clypeata Contopus cooperi Falco peregrinus Falco mexicanus Sphyrapicus nuchalis Podiceps grisegena Buteo swainsoni Cygnus buccinator Aechmophorus occidentalis Empidonax traillii Anaxyrus woodhousii li t.%.Ar • 1 Mot r IT Bal Ea. 5ald Ea Hoodec'••=rcanse.rB 'Ea 1 � F 'Merlin •6;1:1 ' • • • • 104 I `-ate Isla del Rio Development ° City of Eagle Environmental Impact Assessment 0.125 • 911.:uf�J:S.�:�J�i_�.�lY':�l. i���3iwwa1:. C.:Y•'Ll: il'1'.. �'.Ti_ ...�:ik.f 3u *Z. 0Si! i:_nrr ese : 0.25 0.5 Miles n IDR Property Boundary Nap by 0 IFWIS Special Status Speicies Observations Ecosystem Sciences Figure 10. IFWIS special status species historical observation locations within and near project area. Observed Species from Field Investigation Table 4 lists all of the wildlife species, including special status species, directly observed during the field surveys on March 26th and June 15th, 2015. In addition, there is a beaver dam located on an active side channel in the northeast corner of the project area. Table 4. Wildlife species observations. Common Name Bald Eagle Canada goose Double -crested Cormorant Gulls Killdeer Mallard Northern flicker Osprey Scientific Name Haliaeetus leucocephalus Branta canadensis Phalacrocorax auritus Larus spp. Charadrius vociferus Anas platyrhynchos Colaptes auratus Pandion haliaetus # of observations 1 20+ 1 2 1 6 1 1 Special Status Yes No Yes No No No No No Two special status species, the bald eagle (Haliaeetus leucocephalus) and the double -crested cormorant (Phalacrocorax auritus), were observed within and near the project area during the field surveys. Bald eagles were observed flying within the project area and occupying a large nest just outside the east boundary of the project area on both occasions. Several double -crested cormorants were observed flying near the project area during the March field survey. During the June 15th field visit, a double -crested cormorant was observed flying within the project area. Double -crested cormorants In a recent study by the Ada County Highway District, double -crested cormorants were observed nesting in the Great blue heron rookeries located south of the project area (ACHD 2013). Black cottonwood trees and adjacent wetland and open water are essential habitat components for survival. During the project survey, double -crested cormorants were seen flying overhead and into the project area. They likely access side channels and river channel for feeding. Double -crested cormorants are impacted by habitat alteration, fragmentation, and human disturbance (ACHD 2013). Bald Eagles Migratory Bird Treaty Act of 1918 The Migratory Bird Treaty Act of 1918 prohibits the "take", such as hunting, wounding or possessing, of migratory birds, nests, feathers or eggs. This Act applies to all of the birds observed during the field survey. The bald eagle has additional protections under the Bald and Golden Eagle Protection Act which include incidental takes associated with disturbance. For this reason, the Eagle Take Permit process was initiated. The Bald and Golden Eagle Protection Act The Bald and Golden Eagle Protection Act (Eagle Act) protects bald eagles from a variety of human activities that could harm them directly or potentially interfere with their ability to forage, nest, roost, breed, or raise young (16 U.S.C. 668-668c). The U.S. Fish and Wildlife Service (USFWS 2007) developed guidelines to provide landowners and planners general recommendations for land management practices to uphold provisions of the Eagle Act. Though not legally binding, the U.S. Fish and Wildlife Service strongly encourages adherence to these guidelines. Human activities, including noise levels and visual proximity, can affect nesting bald eagles (Table 6). Disturbance may lead to inadequate construction of the nest, prolonged absence from the nest, or abandonment of the nest, among other impacts (USFWS 2007). However, not all bald eagles react to human activity in the same way. Human activities can affect foraging and roosting bald eagles by preventing eagles from feeding and taking shelter, which reduces chances of survival and productivity (USFWS 2007). Eagles are unlikely to be disturbed by routine (ongoing) use of facilities already in proximity of their nest or foraging areas (USFWS 2007). The height of the nest may also ameliorate effects of human activities. However, occasional or permanent changes may disturb bald eagles. In these cases the U.S. Fish and Wildlife Service recommends, 1) keeping distance from the activity and the nest (distance buffers), 2) maintaining forested (or natural) areas between activities and the nest (landscape buffers), and 3) avoiding certain activities during the breeding season (USFWS 2007). In general eagles are more prone to disturbance when an activity occurs in full view (USFWS 2007). For expansion of development, a distance of 660 feet and maintenance of natural buffer is recommended if the activity is visible from the nest, such as the nest located on Eagle Island, with construction occurring outside of the breeding season (USFWS 2007) 15 recommended. With certain measures to avoid, minimize and mitigate for eagle disturbance, a permit may be issued to perform activities up to 330' from the nest (Figure 11). In addition, general protection of surrounding trees that could serve as alternate nest sites and supporting habitat is recommended (USFWS 2007). Table 6. Nesting bald eagle timeline for Idaho and sensitivity to human activities. Activity General Date Range Courtship and nest building January to mid-April Egg laying/incubation Hatching and Rearing Fledging young February to May March to July June to August Sensitivity to Human Activity Most sensitive — Disturbance is manifested in nest abandonment. Very sensitive — Disturbance may cause nest desertion and abandonment of territory. Moderately sensitive — Flushed adults may leave eggs and young unattended and nestlings may miss feedings. Very sensitive — Nestlings 8 weeks and older may flush from the nest prematurely due to disruption and die. EaNe sl +1 r:_st..1-: Isla del Rio Development City of Eagle Environmental Impact Assessment :L: e -C: :-0ii,:i`... �. of fir.iJ -.,. .: J:" �f.`1x"vf; itii.' .. f":`. r atJ�•, xiu fit�r..'6saHli•e 0 125 0.25 IDR Property Boundary 330 ft buffer 660 ft buffer Figure 11. Bald eagle nest location and 330' and 660' buffers. 05 Miles Map by Ecosystem Sciences Bald eagle nest tree and occupied nest. Eagle is visible in the nest in the bottom picture. 1 Changes to Development Plan Based on Presence of Eagle Nest Based on the presence of an active bald eagle nest adjacent to the project site location, several changes to the original development plan (see original plan below — Figure 12) were made. The changes seek to avoid and minimize disturbance over the short and long term and to provide long-term mitigation for changes made within the floodplain. The goal of these changes is to create a development context that will allow for construction activities and eventually a residential development to occur within the 660' buffer (but outside the 330' buffer) through making all practicable efforts to avoid and minimize disruption of eagles at the nest location. Further, enhancements to the riverine-riparian system are proposed with the goal of improving long-term habitat conditions along the Boise River. Aaaam«f: lava .aa Oaf= hew • a ; e ter"'• Original Plan NOT REVISED PLAN ® Preliminary Plat - Sheet 1 at 2 .11 JIM CI" Isla del Rio Subdivision Preliminary Plat :7.14z Plat Incivaira4a.a. r4"— :„7 an pr. Rant/ MINIM Isalaa 4 Cal mvmt Lai 5 r tctm 11 OMlawml la11 M ftatea 10, 5mltmmt lat 1 al intim SI. awl Oa®ml W 4 at Aram A IAA. L5L a11« Y«111ta. Lit Cwry. tlac ern Figure 12. Original development plat. The original plan included enhancement of the common areas, but additional measures were added following the eagle nest discovery. Iambs Rerbc The final plan concept includes the following measures and changes to the original plat to achieve this goal (see the revised plan view drawings and eagle nest exhibit sheet below, Figures 13 and 14): • Decreasing the size of Pond #2, moving street locations and reducing the number of buildable lots adjacent to the nest (overall parcel count is not reduced) to create a common area that extends 330' from the current nest location. Throughout the area, lot sizes have been reduced and the as common area increased between buildable lots and the river. • Building a 10'42' berm and planting cottonwood trees that will be 20' tall in the first year (which will grow to 50' at maturity) to create a visual and audial barrier between the eagle nest and the development. The cottonwoods will be under -planted with shrub vegetation to enhance screening. Figure 14 illustrates the sight -line projections from the nest to the proposed development. • Creating a water feature and improved riparian habitat between the berm and the eagle nest to create an aquatic barrier and provide increased habitat value immediately around the nest site. The water feature will be fed by an existing irrigation canal and create a connection with the existing side -channel (or slough). • Elimination of the paved pathway to not enter the 330' buffer from the nest. There will be no pathways within the 330' buffer. All paved pathways have been removed from the plan. All proposed pathways are of a natural surface. • Enhancing a Targe common area adjacent to the river outside of the 330' buffer that will be managed as part of the HOA and provide long-term improvement in riparian habitat. This will involve a new water course and connections to the river and existing side channels (sloughs). Ponds and riparian enhancement will occur in the northern and northwestern part of the site. These areas are outside the 660' buffer, but will provide long-term habitat enhancement. The originally planned greenbelt -type pathway in the riparian area has been re-routed to follow the edge of the property lines and will be a natural surface, pedestrian only pathway. All existing riparian vegetation will remain and new riparian vegetation will be planted. This will provide a long-term benefit to eagles and the myriad of other wildlife species who utilize the Boise River and its associated riparian zone. • Grading will occur outside the breeding season to avoid disturbance. Areas within the 330' buffer would be planted immediately following grading (and prior to nesting season) to provide the most vegetation growth and establishment possible in an effort to minimize the impact on nesting eagles. Under the phased development approach, this area will have years to develop prior to construction activities within the 660'buffer. • A phased approach (four phases) to construction will be implemented, with the first phase occurring at the west end of the property. The initial phase of home construction will be approximately 0.4 -0.5 miles west of the eagle nest. The eagles will therefore have time to adjust to slowly increasing noise and human activity. The phasing will also aid in vegetation screening development. The subsequent phases that include construction activities within the 660' buffer will be dependent on the development of the vegetation screen. The timeline for construction within this area is estimated to be years into the future, therefore allowing for substantial vegetation development. • The following monitoring approach will be performed during the breeding season only (January until fledging). It is unlikely that the egg will be laid in January, but the courtship and nest building period is a very sensitive period for the eagles and the conditions at this time of the year will be important for judging nest disturbance. A qualified field scientist will visit the site on a monthly basis. The following activities associated with each visit will be performed: • Observations of the nest activity will be made. The stage of nest development will be determined (courtship and nest building, egg laying, incubation and hatching, nestlings present, fledging). • Digital photos and notes on vegetation development will be made. The digital photos will be taken at GPS points along the 660' buffer from the nest and the 330' buffer from the nest and will face the nest. • An interview with the Williamson family (local residents who currently own and operate the existing farm) will be made and their observations recorded. • Upon returning to the office, a short report that includes photos, observations, and interview results will be filed on the Ecosystem Sciences servers. • At the end of each breeding season the height of the vegetation will be measured and recorded. • If the eagles abandon the nest and construct a nest within 660' of any construction activities, the USFWS will be immediately notified and any construction activities within 660' of the new nest will be halted until consultation with the USFWS can occur. • If there is nest abandonment, permission from USFWS and the City of Eagle to convert the eagle nest screening common area into buildable lots may occur. tr • PIte, c 73E5 fADece.: /wee. Aig4i Piwc, s vu4N-ume. PrePorkary Plat • Skeet 2 at 2 _.— Ma/55,4VgPiokAr4 nor AA 441M or ote• Isla del Rio Sry bdivisioe til cF -t e� bt„7-Plat Prelimina trwu.Onu•medMSMteal. IS.Gmosat sfSrtlrtt.Gamma tat t MSuer tt.riQ0ew/ tete Sudo 7t. 74e.11.1L Miw Reign, MaCrd,. Wks Figure 13. Final Development Plan for Isla del Rio. The plan includes four ornamental ponds as well as a waterway, berm with cottonwoods, pathways and ponds and a creek near the river. 175, Calat•huce0 5r4Ttmt-1 °Au ISL.F 4.1 to — ear i.IB.T i )T. 1 itnY=.m 4 >: iEwr. I"•sD o Srr+ w R yc�tH tVarr irr-it emw Figure 14. Above is a Cross-sectional view of the buffer between the eagle nest and development, including the enhancement measures. A digital scan of the eagle nest tree Is below. Information on Nesting Eagles in the Area The existing information regarding the breeding season bald eagle habitat use in the Boise River system is scarce. Information presented is courtesy of personal communication with local state, federal and private professionals and the IDFG IFWIS species occurrence database. The best available literature on bald eagles within the basin is over 20 years old and is focused on wintering Bald Eagles (Kaltenecker et aI.1994). Additional winter monitoring of bald eagles has continued (Kaltenecker 2000), with the emphasis on the Barber Pools and Dead Dog Creek (in the Upper Boise watershed) Communal Roost sites. Nesting Sites There are five known recent nesting sites in the Lower Boise Basin (Figure 15), including the nest site in close proximity to the Isla del Rio development site (Eagle Island Nest Site). The furthest away is in the Fort Boise Wildlife Management Area at the confluence with the Snake River (35 miles — see Table 7). Eagles are known to nest in the Upper Boise Basin (Kaltenecker et a1.1994) where there is much Tess development pressure and habitat modification. These nest sites apparently represent an increase over the nesting in the basin 20 years ago, as Kaltenecker et al. (1994) describe nesting eagles as only occurring in the Upper Boise Basin. The key habitat element associated with nest sites (and roost sites) are the large trees, specifically the black cottonwood (Populus tricocarpa) found along the Boise River. Table 7. Distance of known recent bald eagle nest sites in the Lower Boise River system. Nest Site Distance from Project Area Barber Pools 13.8 miles HWY 16 Bridge 6.8 miles Lake Lowell 17-20 miles (large area) Fort Boise 35 Miles Roost Areas Kaltenecker et al. (1994) includes a literature review which was combined with winter observations in the upper portion of the Lower Boise area to identify several roost sites. The most important of which is the Barber Pools area. Lake Lowell is identified as well, but few studies have examined the lower reaches of the Lower Boise, and no recent investigations exist. Foraging Areas Bald Eagles are known to forage on fish from the Boise River throughout its length, as well as on its associated gravel ponds and reservoirs (Kaltenecker et a1.1994). The fish populations in the Boise River have increased over the past 20 years, partially due to increased winter flows. Wild rainbow trout and brown trout populations have increased in the upper reaches over the last 20 years, including a 17 -fold increase from 1994 to 2010. Wild trout predominate even though monthly stocking of hatchery trout has occurred over this period. Rainbow trout populations have increased in proportion to brown trout in recent years. Mountain whitefish populations far exceed those of wild brown or rainbow trout (Ecosystem Sciences Foundation 2015 and Butts 2010). The waterfowl associated with the river, its wetlands and gravels ponds also provide likely prey sources, as do carrion and other opportunistic food sources. The winter bald eagle surveys of the Barber Pool roost site concluded that the eagles at this roost site made daily trips to the Boise River to forage. Other Important Habitat Areas Kaltenecker et al. (1994) identifies 16 important habitat areas for wintering bald eagles in the Lower Boise River Basin. These areas basically encompass the Boise River from Lucky Peak Dam to Garden City (well above the project site). Likely this is attributed to the importance of the Barber Pools wintering site at the time of the investigation. As to nesting bald eagles like the pair that occupied the nest site adjacent to the proposed project, the river corridor and its associated riparian vegetation can be considered important habitat areas. A healthy riparian system with mature trees and a productive aquatic ecosystem that supports abundant fish provide key habitat elements that the eagles require. • • b, 1 Fed lialArea eA 4'04 FIWY IS Sndps je.Eagle island Neat Site ane WA e.t.a, Known Recent Bald Eagle Nest Sites in Lower Boise Basin • e‘, rr ' ProjectArea • I ' • • • ••,•'.!• I • • _‘• .3 L— it`I';•:• • .= • • a 1; el. .1. I. r : e , N... . . ---i A pot*. i \ . ;SS • ; -.7' !"'...n,! • ., .... 3▪ 7, .1 1 .. ... . "r .. • .4,-- I..4 • . ..,,i: ,-,3". take LorslAise Yawata.. • I 1 • 5 SN....7 r A , Salines' ESn, DeLOInle, NAYTE0.3artaam, Stmts. InuesnentP Corp_ GESSO USG.S. FAO NPS NitcAN, Osnass• ION, AstlassA NL Ordnance &nem Esrl Apen, SIETI Esn Chins (Hong Kens), svAsstopd end the GIS User Community Isla del Rio Development 0 5 10 20 Miles eterrassw- Bald Eagle Take Permit Application Mapby Known Recent Bald Eagle Nest Sdes * Eagle Island Nest Site ri IDR Property Boundary Ecosystem Sciences Figure 15. Known recent bald eagle nest sites in the Lower Boise Basin. Discussion of Environmental Impacts Impacts on Areas Not of Critical Environmental Concern The livestock farm has a pleasing aesthetic, but provides little habitat value to most wildlife species. The parcel does contribute to the agricultural character that is historic to the area. It provides open space with little human disturbance, but the habitat value is such that few wildlife species utilize the grassland areas. The economic forces in the area make a working horse farm unlikely to survive in the Tong -term. The impact of the Isla del Rio development on the Targe portion of the project area not associated with the riverine-riparian area is predominantly an increase in noise, impermeable surface, and human presence. The vegetation, plant life, and habitat value may increase for many species that tolerate the human environment post -development, with the planting of trees and shrubs and other landscaping elements. The additional open water provided by the ponds would create waterfowl habitat that does not exist. The value of these open water areas will be significantly increased by creating land surface elevations close to the water surface elevation near the edges that would be capable of supporting wetland and riparian vegetation. Because much of the project area is low-lying, it is conceivable that it could be enhanced to create a better connection to the hydrology of the Boise River, but this would likely entail the conversion of the area to a preserve or public area and require heavy investment. Impacts on the Area of Critical Environmental Concern Impacts on Riparian Vegetation and the Floodplain Connection The river channel, floodplain and associated habitats are of high environmental concern. Urbanization of these areas makes restoration or enhancement difficult or impossible. When changes occur within the floodplain, it is important to avoid, minimize and mitigate the impacts to these areas. The Isla del Rio development plat does call for development within the 100 -year floodplain (Figure 6). This will involve filling of the floodplain but not the removal of existing riparian vegetation. Any filling of the floodplain has an effect on flood risk and ecosystem function. However, the existing land use does not function well as part of the river ecosystem. Therefore, concerns are centered on increased flood risk and the Toss of future restoration opportunity. The lowering of floodplain surfaces (excavation of the ponds on the northern end of the property), the construction of a stream channel, and the planting of riparian vegetation present an opportunity to enhance floodplain and river system function in the long-term and to mitigate for the effects of the development. The plan for this enhancement is in its early stages of development; the details of the final plan will be paramount to the value of these areas. The removal of any existing small berms on the northern end of the property (Figure 7) and/or allowing a connection of any of the constructed waterways with the existing river hydrology and benefit river function and long-term habitat value. The lowering of any surfaces near the river so that they are inundated or saturated on a relatively frequent basis (e.g. inundated by 3500-6000 cfs discharge at Glenwood Bridge) would benefit the river ecosystem and promote native riparian vegetation development. Creating low -elevation surfaces that are designed by a river restoration professional to promote growth of a native cottonwood forest on the edge of the ponds in the northern end of the property would provide mitigation for impacts associated with land use change and disturbance of the bald eagle nest and promote Tong -term ecosystem health. Beaver currently have constructed a dam on the side channel in the northeastern portion of the property, which provide habitat and attract birds, fish and other wildlife species. We recommend that the dam be left in place and beaver managed by protecting the largest trees with wire or other protective measures. Planting of the pond edges (both within the development and in the northern section by the river) with native species and creating "no -mow zones" would promote riparian development and provide a natural and aesthetically pleasing environment. Storm Water Management and Water Quality The construction of the proposed development will increase impervious surface. The ponds will function for storm water in accordance with ACHD standards and requirements. To the extent feasible, the stormwater management plan should be designed with the appropriate free -board and meet green storm water infrastructure guidelines (http://www.partnersforcleanwater.org/outreach/green-stormwater- infrastructure/). The design, construction and management of the common area and ponds represent an important opportunity for mitigation for the project's impacts. Management of Common Areas The management of common areas can be a challenge for developments such as Isla del Rio. Homeowners have been known to cut trees and remove desirable vegetation to increase the view from their property or for other reasons. Some of the lots include existing riparian vegetation (see lot lines in Figure 6). Often cities have little or no ability to enforce the common area rules or prevent actions by homeowners that would impact the quality of these areas. Common areas frequently are managed by HOAs, cities or other organizations. The Isla del Rio development proposes to manage the common area through its HOA. The HOA for the Isla del Rio development will have the ability to levy fines and put liens on properties. This allows for an enforcement mechanism. The HOA rules should protect native riparian vegetation and impose stiff penalties to those who break such rules. The creation of a weed management program would benefit the riparian area and provide mitigation for the impact associated with the development. False indigo is an invasive shrub that has spread throughout the Boise River floodplain. Seasonal or yearly weed management to reduce the cover of this plant would benefit the ecosystem. One-time treatment is not a successful weed management plan for false indigo; it requires persistence and a Tong -term commitment. Greenbelt and Development Pathways Providing walkways, bicycle pathways and connectivity of our living and recreation environments has many benefits. However, penetration of human pathways into natural areas can disturb wildlife and reduce habitat value. Paved and high traffic areas have greater impacts than natural surfaces and pedestrian -only pathways. The development plan call for natural surface pathways in the riparian area and paved pathways that enter the development and provide connectivity to future pathways to the south. The developers of the proposed project have shown an interest in working with IDFG, US Fish and Wildlife Service and Parks and Recreation staff and other interested parties to devise a plan that provides for multiple uses and benefits. Effects on Eagles and Other Riparian Wildlife Species Nesting bald eagles are an important natural resource whose numbers have increased in the Boise River system over recent decades. The eagles can be viewed as an umbrella species that protect habitat for numerous other species. The Isla del Rio developers have demonstrated an interest in protecting the eagle nest and the riparian habitat on which the eagles and other species depend. The reduction in the number of developed lots, vegetation screening, aquatic waterway development, and lowering of floodplain surfaces all provide short and long term benefits for the Boise River ecosystem. However, the eagles constructed a nest in the present location for a reason. It not located near human disturbance areas and is situated close to foraging and perch habitats. The development presents a possible disturbance to these conditions. Nests are temporary; it is unlikely that this nest site will persist in perpetuity. The more important question over the long term is: what is the long term habitat quality of the Boise River ecosystem, specifically the aquatic and associated riparian ecosystem? The proposed development plan will result in more aquatic habitat, more riparian vegetation, and lower floodplain surfaces. The success of these mitigation and enhancement measures will determine the long-term effect on eagle and other wildlife habitat. Conclusions and Recommendations Much of the property within the project area consists of an agricultural landscape of low habitat value. Much of the proposed project is within the 100 -year floodplain. The low-lying areas and those close to the river and its associated sloughs and side channels with native riparian vegetation are of high importance (located in the northern part of the project area). Minimization of impacts to these areas and enhancement of existing low-lying areas will result in a development scenario that maintains ecosystem function while accommodating the need for appropriate human uses. Lowering of floodplain surfaces, planting of native riparian vegetation, proper common area management, control of invasive weeds, successful design and implementation of the waterways and development of vegetation screening for the eagle nest and minimization of human penetration into riparian habitat areas will determine the long- term effect of the proposed development on the Area of Critical Environmental Concern. Literature Cited ACHD. 2013. Draft Environmental Impact Statement for Three Cities River Crossing study. Ada County Highway District, Garden City, Idaho. Butts, A., 2010. Lower Boise River Electrofishing Survey in 2010 Southwest Region (Nampa) Fisheries Management Report. Idaho Department of Fish and Game, Boise. Ecosystem Sciences Foundation. 2015. Boise River Fisheries and Aquatic Habitat: Literature review, network feedback and key issues and enhancement opportunities. Prepared for the Boise River Enhancement Network. Boise, ID, 33 pp. Kaltenecker, G.S., M.J. Bechard, and R.B. Tiedemann. 1994. Boise River Wintering Bald Eagle Study, Boise River Corridor, Lucky Peak Dam/Ada Canyon County Line. Unpublished report. 111 pp. Kaltenecker, G.S. 2000. Continued monitoring of Boise's wintering bale eagles, and monitoring of Dead Dog Creek bald eagle roost site, winters 1997/1998 and 1998/1999. Report prepared for Community Planning Association and US BLM, Lower Snake River District Mancuso, M. 1995. Habitat conservation assessment for Allium aaseae (Aase's onion). Idaho Department of Fish and Game, Conservation Data Center, Boise, Idaho. NRCS. 2003. Plant guide: Desert False Indigo (Amorpha fruticosa L.). National Plant Data Center, National Resource Conservation Service, U.S. Department of Agriculture. Accessed April 1, 2015 from http://plants.usda.gov/plantguide/pdf/pg_amfr.pdf Richardson, R. and Guilinger, J. 2015. Geomorphic Assessment of the Boise River, Idaho. USACE. 2013a. Draft Environmental Assessment (EA); Boise River at Eagle Island Ecosystem Restoration Project, Ada County, Idaho. U.S. Army Corp of Engineers, Walla Walla District. USACE. 2013b. Draft Feasibility Report; Boise River at Eagle Island Ecosystem Restoration Project, Ada County, Idaho. U.S. Army Corp of Engineers, Walla Walla District. USFWS. 2007. National bald eagle management guidelines. Department of the Interior, U.S. Fish and Wildlife Service. 23 pp. Appendix A: Plant Species The following tables represent species known to occur along the Boise River, particularly within Eagle, using information acquired from the Idaho Department of Fish and Game and Ecosystem Sciences. Trees Latin Name Common Name Idaho Status Acer negundo Box elder Native to U.S. Acer saccharinum silver maple Introduced to ID, Native to L48 Alnus incana gray alder Native to U.S. Betula occidentalis water birch Native to U.S. Betula papyrifera paper birch Native to U.S. Catalpa speciosa northern catalpa Introduced to ID, Native to L48 Elaeagnus angustifolia L. Russian alive Invasive Fraxinus pennsylvanica green ash Introduced to ID, Native to 1.47 Pinus ponderosa ponderosa pine Native to U.S. Populus balsamifera ssp. balsamifera eastern cottonwood Native to U.S. Populus balsamifera ssp. trichocarpa black cottonwood Native to U.S. Populus tremuloides Quaking aspen Native to U.S. Prunus plum Introduced to U.S. Robinia pseudoacacia black locust Introduced to ID, Native to L48 Ulmus americana American elm Introduced to ID, Native to 1.48 Ulmus pumila Siberian elm Introduced to U.S. 40 I Shrubs/Vines Latin Name Common Name Idaho Status Amelanchieralnifolia Saskatoon serviceberry Native to U.S. Amorpha fruticosa False indigo Introduced to ID, Native to L48 Artemisia ludoviciana white sagebrush Native to U.S. Cornus sericea ssp. sericea redosier dogwood Native to U.S. Crataegus douglasii black hawthorn Native to U.S. Dasiphora floribunda shrubby cinquefoil Native to U.S. Juniperus scopulorum Rocky Mountain juniper Native to U.S. Lycium desert -thorn Introduced to U.S. Philadelphus lewisii Lewis' mock orange Native to U.S. Rhus trilobata skunkbush sumac Native to U.S. Ribes aureum golden currant Native to U.S. Rosa canina dog rose Introduced to U.S. Rosa eglanteria sweetbriar rose Introduced to U.S. Rosa woodsii Woodsi Rose Native Rubus discolor Himalayan blackberry Introduced to U.S. Rubus parviflorus thimbleberry Native to U.S. Salix alba white willow Introduced to U.S. Salix amygdaloides peachleaf willow Native to U.S. Solix exigua Coyote willow Native Salixfarriae Farr's willow Native to U.S. Salix fragilis crack willow Introduced to U.S. Salix lasiolepis arroyo willow Native to U.S. Salix lucida ssp. caudata greenleaf willow Native to U.S. Salix lutea Yellow willow Native Salixscouleriana Scouler's willow Native to U.S. Solanum dulcamara climbing nightshade Exotic 4 Grasses Latin Name Agropyron Agropyron repens Agrostis exarato Agrostis scabra Agrostis stolonifera Alopecurus aequalis Alopecurus arundinaceus Bromus diandrus Bromus inermis Bromus japonicus Bromus tectorum Cinna latifolia Crypsis alopecuroides Dichanthelium oligosanthes var. scribnerianum Echinochloa crus-galli Elymus repens Eragrostis pectinacea Festuca idahoensis Festuca ovina Glyceria borealis Glyceria grandis Glyceria striata Holcus lanatus Leersia oryzoides Leptochloa fusca ssp. fascicularis Leymus triticoides Lolium arundinaceum al Common Name wheatgrass quackgrass spike bentgrass rough bentgrass creeping bentgrass shortawn foxtail creeping meadow foxtail ripgut brome Smooth brome Japanese brome cheatgrass drooping woodreed foxtail pricklegrass Scribner's rosette grass barnyardgrass quackgrass tufted lovegrass Idaho fescue Sheep fescue small floating mannagrass American mannagrass fowl mannagrass common velvetgrass rice cutgrass bearded sprangletop beardless wildrye tall fescue Idaho Status Native and Introduced to U.S. Invasive Native to U.S. Native to U.S. Introduced to ID Native to U.S. Introduced to U.S. Introduced to U.S. Exotic Introduced to U.S. Invasive Native to U.S. Introduced to U.S. Native to U.S. Introduced to U.S. Introduced to U.S. Native to U.S. Native Exotic Native to U.S. Native to U.S. Native to U.S. Introduced to U.S. Native to U.S. Native to U.S. Native to U.S. Introduced to U.S. Grasses (continued) Latin Name Common Name Idaho Status Lolium pratense meadow ryegrass Introduced to U.S. Medicago sativo alfalfa Introduced to U.S. Panicum capillare witchgrass Native to U.S. Pascopyrum smithii western wheatgrass Native to U.S. Pennisetum glaucum pearl millet Introduced to U.S. Phleum pratense Timothy Introduced to U.S. Poa bulbosa bulbous bluegrass Introduced to U.S. Poa compressa Canada bluegrass Introduced to U.S. Poa palustris fowl bluegrass Introduced to U.S. Poo pratensis Kentucky bluegrass Introduced to ID Poa secunda Sandberg bluegrass Native to U.S. Pseudoroegneria spicata ssp. spicata bluebunch wheatgrass Native to U.S. Secale cereale L. Cereal rye Invasive Sporobolus airoides alkali sacaton Native to U.S. Ventenata dubia North Africa grass Introduced to U.S. Vulpio myuros rat-tail fescue Introduced to U.S. 431 Forbs Latin Name Achillea millefolium Ambrosia artemisiifolia Antennaria Apocynum cannabinum Asclepius speciosa Asparagus officinalis Barbarea orthoceras Bidenscernua Bidensfrondosa Bidens vulgata Brassicaceae Capsella bursa -pastoris Cardaria draba Castilleja miniata Chaenactis douglasii Chenopodium botrys Chenopodium rubrum Cichorium intybus Cirsium arvense Cirsium vulgare Collinsia parviflora Conium maculatum Conyza canadensis Cuscuta Descurainia sophia Echinocystis lobata Erigeron speciosus 441 Common Name Idaho Status common yarrow Native to U.S. annual ragweed Introduced to ID, Native to L48 pussytoes Native to U.S. Indianhemp Native to U.S. Showy milkweed Native garden asparagus Introduced to U.S. American yellowrocket Native to U.S. nodding beggartick Native to U.S. big devil's beggartick Native to U.S. devil's beggartick Native to U.S. mustard family Shepard's purse whitetop Introduced to U.S. Scarlett paintbrush Douglas' dustymaiden Native to US. Jerusalem oak goosefoot Introduced to U.S. red goosefoot Native to U.S. chicory Introduced to U.S. Canada thistle Noxious bull thistle Introduced to U.S. maiden blue eyed Mary Native to U.S. poison hemlock Introduced to U.S. Canadian horseweed Native to U.S. dodder Native to U.S. herb sophia Introduced to U.S. wild cucumber Native to U.S. aspen fleabane Native to U.S. Forbs (continued) Latin Name Erigeron strigosus Erodium cicutarium Euthamia occidentalis Galium aparine Geum macrophyllum Gnaphalium palustre Grindelia squarrosa Hypericum perforatum Iris pseudacorus Lactuca serriola Lindernia dubia Linum lewisii Lycopus americanus Lycopus asper Maianthemum racemosum ssp. amplexicaule Maianthemum stellatum Medicago lupulina Melilotus officinales Muhlenbergia richardsonis Myosotis taxa Nepata cataria Oenothera elata Oenothera villosa ssp. strigosa Onopordum acanthium Plantago lanceolata Plantago mayor Potentilla biennis al Common Name prairie fleabane redstem stork's bill western goldentop stickywilly largeleaf avens western marsh cudweed curlycup gumweed common St. Johnswort paleyellow iris Prickly lettuce yellowseed false pimpernel prairie flax American water horehound rough bugleweed feathery false lily of the valley starry false lily of the valley black medick Common sweet clover mat muhly bay forget-me-not Catnip Hooker's evening -primrose hairy evening -primrose Scotch cottonthistle narrowleaf plantain common plantain biennial cinquefoil Idaho Status Native to U.S. Introduced to U.S. Native to U.S. Native to U.S. Native to U.S. Native to U.S. Native to U.S. Introduced to U.S. Introduced to U.S. Exotic Native to U.S. Native to U.S. Native to U.S. Native to U.S. Native to U.S. Native to U.S. Introduced to U.S. Exotic Native to U.S. Native to U.S. Exotic Native to U.S. Native to U.S. Introduced to U.S. Introduced to U.S. Exotic Native to U.S. ti'Foiiis (conUeaed. Latin Name Common Name Idaho Status Pseudognaphalium stramineum cottonbatting plant Native to U.S. Rorippa palustris bog yellowcress Native to U.S. Rumex acetosella common sheep sorrel Introduced to U.S. Saponaria officinalis bouncingbet Introduced to U.S. Seneciojacobaea stinking willie Introduced to U.S. Sisymbrium altissimum tall tumblemustard Introduced to U.S. Solidago canadensis Canada goldenrod Native to U.S. Solidago gigantea Giant goldenrod Native to U.S. Sonchus asper spiny sowthistle Introduced to U.S. Symphyotrichum lanceolatum ssp. hesperium white panicle aster Native to U.S. Taraxacum officinale common dandelion Exotic Toxicodendron rydbergii western poison ivy Native to U.S. Tragopogon dubius yellow salsify Introduced to U.S. Trifolium pratense red clover Introduced to U.S. Trifolium repens white clover Introduced to U.S. Urtica dioica stinging nettle Native to ID Verbascum blattaria moth mullein Introduced to U.S. Verbascum thapsus Common mullein Exotic Verbena bracteata big bract verbena Native to U.S. Verbena hastata swamp verbena Native to U.S. Veronica anogallis-aquatica water speedwell Native to U.S. Veronica peregrina neckweed Native to U.S. Xanthium strumarium rough cockleburr Introduced to U.S. 46 Wetland Plants Latin Name Common Name Idaho Status ' Alisma triviale northern water plantain Native to U.S. Asclepias incarnata swamp milkweed Native to U.S. Cardamine oligosperma little western bittercress Native to U.S. Carex spp. Sedge family Carex amplifolia bigleaf sedge Native to U.S. Carex athrostachya slenderbeak sedge Native to U.S. Carex douglasii Douglas' sedge Native to U.S. Carex lenticularis lakeshore sedge Native to U.S. Carex nebrascensis Nebraska sedge Native to U.S. Carex pellita woolly sedge Native to U.S. Carex praegracilis clustered field sedge Native to U.S. Carex retrorsa knotsheath sedge Native to U.S. Carex stipata awlfruit sedge Native to U.S. Carex utriculata Northwest Territory sedge Native to U.S. Carex vulpinoidea Fox sedge Native Cyperus bipartitus slender flatsedge Native to U.S. Cyperus squarrosus bearded flatsedge Native to U.S. Cyperus strigosus strawcolored flatsedge Native to U.S. Dactylis glomerata orchardgrass Introduced to U.S. Eleocharis palustris Common spikerush Native Elodea nuttallii western waterweed Native to U.S. Epilobium brachycarpum tall annual willowherb Native to U.S. Epilobium ciliatum ssp. glandulosum fringed willowherb Native to U.S. Epilobium ciliatum ssp. watsonii fringed willowherb Native to U.S. Equisetum arvense field horsetail Native to U.S. Equisetum hyemale scouringrush horsetail Native to U.S. Equisetum laevigatum Smooth horsetail Native Juncus spp. Rush family Juncus articulatus jointleaf rush Native to U.S. 47 Wetland Plants (continued) Latin Name Common Name Idaho Status Juncus bolticus Baltic rush Native to U.S. Juncus bufonius toad rush Native to U.S. Juncus confusus Colorado rush Native to U.S. Juncus effusus var. conglomeratus common rush Native to U.S. Juncus ensifolius swordleaf rush Native to U.S. Juncus tenuis poverty rush Native to U.S. Juncus torreyi Torrey's rush Native to U.S. Lemna minor common duckweed Native to U.S. Lysimachia ciliata fringed loosestrife Native to U.S. Lythrum salicaria Purple loosestrife Invasive Phalaris arundinacea Reed canarygrass Exotic Polygonum amphibium var. emersum longroot smartweed Native to U.S. Polygonum aviculare prostrate knotweed Introduced to U.S. Polygonum hydropiper marshpepper knotweed Introduced to U.S. Polygonum persicaria spotted ladysthumb Introduced to U.S. Polygonum punctatum dotted smartweed Native to U.S. Polypogon monspeliensis Rabbitfoot grass Exotic Potamogeton pondweed Native to U.S. Rorippa nasturtium-aquaticum watercress Introduced to U.S. Rotolo ramosior lowland rotala Native to U.S. Rumex crispus Curly Dock Native Schoenoplectus acutus hardstem bulrush Native to U.S. Schoenoplectus americanus chairmaker's bulrush Native to U.S. Schoenoplectus fluviatilis river bulrush Native to U.S. Schoenoplectus pungens common threesquare Native to U.S. Schoenoplectus tabernaemontani softstem bulrush Native to U.S. Scirpus microcarpus panicled bulrush Native to U.S. Typha angustifolia narrowleaf cattail Introduced to U.S. Typha latifolia Cattail Native 48 I Appendix B: Wildlife Species The following table represents historically observed wildlife and fish species within 1 mile of the project area from the Idaho Fish and Wildlife Information System (IFWIS), Idaho Department of Fish and Game. Wildlife - All Species Common Name Accipiter sp. American Beaver American Bullfrog American Coot American Crow American Goldfinch American Kestrel American Robin American Tree Sparrow American White Pelican American Wigeon Bald Eagle Bank Swallow Barn Swallow Barrow's Goldeneye Belted Kingfisher Black -billed Magpie Black -capped Chickadee Black -chinned Hummingbird Black -crowned Night -Heron Black -headed Grosbeak Blue -gray Gnatcatcher Brewer's Blackbird Brown -headed Cowbird Brown Creeper Bufflehead Bullock's Oriole Cackling Goose California Gull California Quail Canada Goose Caspian Tern Cassin's Finch Cassin's Vireo Cedar Waxwing Chipping Sparrow Chukar Scientific Accipiter Castor canadensis Lithobates catesbeianus Fulica americana Corvus brachyrhynchos Carduelis tristis Falco sparverius Turdus migratorius Spizella arborea Pelecanus erythrorhynchos Anas americana Haliaeetus leucocephalus Riparia riparia Hirundo rustica Bucephala islandica Ceryle alcyon Pica hudsonia Poecile atricapilla Archilochus alexandri Nycticorax nycticorax Pheucticus melanocephalus Polioptila caerulea Euphagus cyanocephalus Molothrus ater Certhia americana Bucephala albeola Icterus bullockii Branta hutchinsii Larus californicus Callipepla californica Branta canadensis Sterna caspia Carpodacus cassinii Vireo cassinii Bombycilla cedrorum Spizella passerina Alectoris chukar Wildlife - All Species (continued) Common Name Cinnamon Teal Clark's Grebe Cliff Swallow Common Goldeneye Common Grackle Common Merganser Common Nighthawk Common Raven Common Yellowthroat Cooper's Hawk Cordilleran Flycatcher Dark -eyed Junco Double -crested Cormorant Downy Woodpecker Dusky Flycatcher Eared Grebe Eastern Kingbird Eurasian Collared -Dove Eurasian Wigeon European Starling Evening Grosbeak Ferruginous Hawk Franklin's Gull Gadwall Golden -crowned Kinglet Gray Catbird Great Blue Heron, Great Egret Greater Yellowlegs Green -winged Teal Gulls Hairy Woodpecker Herring Gull Hooded Merganser Horned Grebe House Finch House Sparrow House Wren Killdeer Lark Sparrow Lazuli Bunting Scientific Anas cyanoptera Aechmophorus clarkii Petrochelidon pyrrhonota Bucephala clangula Quiscalus quiscula Mergus merganser Chordeiles minor Corvus corax Geothlypis trichas Accipiter cooperii Empidonax occidentalis Junco hyemalis Phalacrocorax auritus Picoides pubescens Empidonax oberholseri Podiceps nigricollis Tyrannus tyrannus Streptopelia decaocto Anas penelope Sturnus vulgaris Coccothraustes vespertinus Buteo regalis Larus pipixcan Anas strepera Regulus satrapa Dumetella carolinensis Ardea herodias Ardea alba Tringa melanoleuca Anas crecca Laridae Picoides villosus Larus argentatus Lophodytes cucullatus Podiceps auritus Carpodacus mexicanus Passer domesticus Troglodytes aedon Charadrius vociferus Chondestes grammacus Passerina amoena Wildlife - All Species (continued) Common Name Lesser Goldfinch Lesser Scaup Lewis' Woodpecker Lincoln's Sparrow Long -billed Dowitcher MacGillivray's Warbler Mallard Marsh Wren Merlin Mew Gull Mink Mourning Dove Nashville Warbler Northern Flicker Northern Goshawk Northern Harrier Northern Pintail Northern Rough -winged Swallow Northern Shoveler Olive -sided Flycatcher Orange -crowned Warbler Osprey Pacific Wren Peregrine Falcon Phalaropus sp. Pied -billed Grebe Pine Siskin Prairie Falcon Red -breasted Nuthatch Red -eyed Vireo Red-naped Sapsucker Red -necked Grebe Red-tailed Hawk Red -winged Blackbird Redhead Ring -billed Gull Ring-necked Duck Ring-necked Pheasant Rock Dove Rough -legged Hawk Ruby -crowned Kinglet Scientific Carduelis psaltria Aythya affinis Melanerpes lewis Melospiza lincolnii Limnodromus scolopaceus Oporornis tolmiei Anas platyrhynchos Cistothorus palustris Falco columbarius Larus canus Mustela vison Zenaida macroura Vermivora ruficapilla Colaptes auratus Accipiter gentilis Circus cyaneus Anas acuta Stelgidopteryx serripennis Anas clypeata Contopus cooperi Vermivora celata Pandion haliaetus Troglodytes pacificus Falco peregrinus Phalaropus Podilymbus podiceps Carduelis pinus Falco mexicanus Sitta canadensis Vireo olivaceus Sphyrapicus nuchalis Podiceps grisegena Buteo jamaicensis Agelaius phoeniceus Aythya americana Larus delawarensis Aythya collaris Phasianus colchicus Columba livia Buteo lagopus Regulus calendula Wildlife - All Species (continued) Common Name Ruddy Duck Rufous Hummingbird Savannah Sparrow Say's Phoebe Sharp -shinned Hawk Snow Goose Solitary Sandpiper Song Sparrow Spotted Sandpiper Spotted Towhee Steller's Jay Swainson's Hawk Swallow Swan Thayer's Gull Townsend's Solitaire Townsend's Warbler Tree Swallow Trumpeter Swan Tundra Swan Turkey Vulture Unclassified Flycatcher Vesper Sparrow Violet -green Swallow Virginia Rail Warbling Vireo Western Bluebird Western Grebe Western Kingbird Western Meadowlark Western Screech -Owl Western Tanager Western Wood -Pewee White -breasted Nuthatch White -crowned Sparrow Wild Turkey Willow Flycatcher Wilson's Snipe Wilson's Warbler Wood Duck Woodhouse's Toad Scientific Oxyura jamaicensis Selasphorus rufus Passerculus sandwichensis Sayornis saya Accipiter striatus Chen caerulescens Tringa solitaria Melospiza melodia Actitis macularia Pipilo maculatus Cyanocitta stelleri Buteo swainsoni Hirundinidae Cygnus Larus thayeri Myadestes townsendi Dendroica townsendi Tachycineta bicolor Cygnus buccinator Cygnus columbianus Cathartes aura Tyrannidae -- Unclassified Flycatcher Pooecetes gramineus Tachycineta thalassina Rallus Iimicola Vireo gilvus Sialia mexicana Aechmophorus occidentalis Tyrannus verticalis Sturnella neglecta Otus kennicottii Piranga ludoviciana Contopus sordidulus Sitta carolinensis Zonotrichia leucophrys Meleagris gallopavo Empidonax traillii Gallinago delicata Wilsonia pusilla Aix sponsa Anaxyrus woodhousii Wildlife - All Species (continued) Common Name Yellow -headed Blackbird Yellow-rumped Warbler Yellow Warbler Fish Species Common Name Bluegill Bridgelip Sucker Brook Trout Brown Trout Brown Trout (Wild) Columbia River Redband Trout Common Carp Largemouth Bass Largescale Sucker Longnose Dace Mottled Sculpin Mountain Whitefish Northern Pikeminnow Oriental Weatherfish Rainbow Trout Rainbow Trout (Hatchery) Redside Shiner Sculpin Smallmouth Bass Speckled Dace Western Mosquitofish Scientific Xanthocephalus xanthocephalus Dendroica coronata Dendroica petechia Species Name Lepomis macrochirus Catostomus columbianus Salvelinus fontinalis Salmo trutta Salmo trutta Oncorhynchus mykiss gairdneri Cyprinus carpio Micropterus salmoides Catostomus macrocheilus Rhinichthys cataractae Cottus bairdi Prosopium williamsoni Ptychocheilus oregonensis Misgurnus anguillicaudatus Oncorhynchus mykiss Oncorhynchus mykiss Richardsonius balteatus (Cottus sp.) Micropterus dolomieu Rhinichthys osculus Gambusia affinis