08-22-1994 Mtn Star Swift Gulch;Buck Creek ParcelMOUNTAIN STAR
August 22, 1994
Mr. Bill James
Town Manager
Town of Avon
P.O. Box 975
Avon, CO 81620
Re: Swift Gulch
Dear Bill:
AUG 2 3 1994
TOWN OF AVON
As part of the exchange agreement with the U.S.F.S. on the Buck Creek parcel, Mountain
Star entered into a mitigation agreement dated 7/19/94 with the Colorado Division of
Wildlife (DOW). Paragraph 1 indicates the intended land use for. the property.
Swift Gulch would be defined as "additional land" and, as such, would be designated for
open space. If the Town of Avon wants to use a small portion of this land, it should
contact the DOW to discuss their position on the issue. We, of course, would be willing
to work with the Town and DOW in this matter.
Sincerely,
Mountain Star Limited Liability Co.
By: WFS Company, Authorized Agent
t"-
Willis J. Wright, Jr.
Beaver Creek Resort
100 East Thomas Place, Drawer 2770
Avon, Colorado 81620
(303) 845 -9200 • FAX (303) 845 -7205
MOUNTAIN STAR
July 19, 1993
Colorado Division of Wildlife
50633 Highway 6 & 24
Glenwood Springs, CO 81601
Gentlemen:
Over the past several years, Mountain Star representatives have worked with the Colorado
Division of Wildlife (CDOW) to avoid and minimize wildlife impacts associated with the
development and habitation of the proposed residential subdivision, including the Buck Creek
Road and proposed Buck Creek - Crooked Creek Ranch land exchange with the US Forest
Service (USFS). Mountain Star Limited Liability Company, the owner of the properties
covered by the Mountain Star Planned Unit Development (PUD) and the proponent of the
construction of Buck Creek Road and the land exchange, has committed to mitigating and
enhancing wildlife values associated with the project.
To evidence such commitments, Mountain Star Limited Liability Company has agreed to the
following wildlife considerations:
LAND EXCHANGE
1. The proposed land exchange would result in the public acquisition of a valuable fishery
and wildlife habitat on Crooked Creek Ranch and the retention and protection, in
perpetuity, of all important wildlife values associated with the Buck Creek parcel. This
latter parcel is a critical segment in the local big game movement corridors and also
supports important winter range values. With the exception of sensitively locating five
to six lots on the upper portion of this parcel, developing a small, seasonal equestrian
center, and permitting the Town of Avon to develop a small public works maintenance
area off Metcalf Road (minimizing fencing and using only that compatible with wildlife
movements), all additional land within the parcel would be designated for open space,
recreational or public uses.
2. A summer use only equestrian center would be developed in the northeast corner of
Section 2 on the Buck Creek parcel. Fencing associated with this facility will be of a
"lay- down" or "drop" design to avoid restricting big game migratory movements.
Beaver Creek Resort
100 East Thomas Place, Drawer 2770
Avon, Colorado 81620
(303) 845 -9200 • FAX (303) 845 -7205
Colorado Division of Wildlife
July 19, 1993
Page Two
BUCK CREEK ROAD
Mountain Star Limited Liability Company will commit to the following flexible mechanism for
resolving any wildlife conflicts related to Buck Creek Road and for mitigating anticipated and
unanticipated wildlife impacts:
1. A trust fund will be established, on or before ground- breaking on the first Mountain
Star residence, whose interest would be used for wildlife mitigation and enhancement
associated with the Mountain Star development. The mitigation and enhancement
activities shall occur within four miles of the development boundary.
2. The principal of this fund will be $45,000.00.
3. Interest generated by the fund will be available to mitigate excessive road -kill mortality
(as presently defined by the CDOW) along the Buck Creek Road and also for wildlife
enhancement projects within the Mountain Star development. Up to 25% of the interest
amount will be available for use upon the Mountain Star development property and
75% will be available for use in conjunction with Buck Creek Road mitigation projects.
Whatever mitigation is developed will result from consultations between Mountain
Star's biologist, the CDOW and the Town of Avon.
4. On or shortly after May 1, 1998, representatives of Mountain Star, the CDOW and the
Town of Avon will meet to review wildlife issues related to the development and
surrounding lands, to evaluate whether the trust fund should continue to be exclusively
used for Mountain Star wildlife enhancements and to mitigate excessive road -kill
mortality along the Buck Creek Road, or if other wildlife issues exist affecting
Mountain Star, that would benefit from use of the trust fund, wholly or in part. The
decision to use the trust fund for other than the initial mitigation and enhancement
purposes will require:
1) A recommendation by a committee consisting of one representative of each of
the following entities:
a) Colorado Division of Wildlife
b) United States Forest Service
c) Town of Avon
d) Mountain Star Homeowners Association
2) A majority vote of a committee consisting of one representative of each of the
following entities:
a) Mountain Star Homeowners Association
b) United States Forest Service
C) Town of Avon
d) Manager of the Trust
b
Colorado Division of Wildlife
July 19, 1993
Page Three
5. In the event that excessive road -kills are unrecognized along the Buck Creek Road by
May 1, 1998 and with a favorable vote by the aforementioned parties, then all interest
generated by the fund could be available to the Mountain Star Homeowners Association
for the legitimate enhancement of wildlife habitats on and around their property.
Enhancement efforts would result from input from the CDOW and/or Mountain Star's
biologist.
Examples of appropriate enhancement efforts include, but are not limited to: 1)
fertilization of winter range to increase forage availability and/or to draw animals away
from the Buck Creek Road, 2) development of an interpretive nature trail on Mountain
Star property or on the Buck Creek open space, 3) development of a bluebird nest box
trail, 4) construction of wildlife water sources on Mountain Star or on the adjacent
forest, 5) the purchase of development rights on critically important, local wildlife
habitats (e.g., segments of the big game migration corridor) and 6) prescribed
burning.
6. Additional issues will also be discussed at the May 1, 1998 meeting including 1)
whether all or part of the trust fund's principal could be used, if necessary, for
appropriate projects such as land acquisition and 2) the frequency at which the parties
should meet to hold similar reviews. These and other decisions would also require
majority vote by the committee.
7. Withdrawal of interest and/or principal from the trust fund by the Mountain Star
Homeowners Association would require a letter of support from the committee for each
project.
As of this date, the Mountain Star PUD has been approved by the Town of Avon and
construction of the Buck Creek Road has been approved by the USFS.
By its execution of this letter, the CDOW hereby agrees that this comprehensive mitigation
package associated with the overall Mountain Star development will adequately mitigate and
compensate wildlife impacts, that this package supersedes all previous agreements and
recommendations developed for the subject properties, and further hereby recommends
approval of the Buck Creek Road construction and the land exchange.
If our agreement is correctly set forth above, please execute and return to the undersigned one
copy of this letter.
Respectfully,
Mountain Star Limited Liability Company ACCEPTED:
By: WFS Company, as authorized agent Colorado Division of Wildlife
of the Management Committee
By:
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Title: ,� ='
By:
Willis . right, Jr., General Partner Date:
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