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HomeMy WebLinkAboutLand Conservation And Stewardship Board - Minutes - 09/14/2022 Land Conservation & Stewardship Board Regular Meeting | 1745 Hoffman Mill Road September 14, 2022 Members: Andrea Elson, Chair Vicky McLane, Member Ross Cunniff, Vice-Chair Alycia Crall, Member Mike Weber, Member Elena Lopez, Member Denise Culver, Member Cole Kramer, Member Joe Piesman, Member 08/10 /20 22 – MINUTES Page 1 1. CALL TO ORDER: Meeting was called to order at 5:31 p.m. 2. ROLL CALL: Ross Cunniff, Joe Piesman, Denise Culver, Cole Kramer, Elena Lopez, Vicky McLane, Alycia Crall. Andrea Elson joined the meeting at 6:33 p.m. Excused: Mike Weber City Staff: Eric Potyondy, City Attorney’s Office NAD Staff: Katie Donahue, Jennifer Shanahan, Julia Feder, Matt Parker, Bernadette Kuhn, 3. COMMUNITY PARTICIPANTS: None 4. AGENDA REVIEW: Vice-Chair Cunniff amended the agenda item on 1041 Policy Update to remove the staff presentation portion. The Board will still engage in an open discussion on 1041 Regulations. 5. APPROVAL OF MINUTES: Chair Piesman made a motion to approve the August LCSB meeting minutes. Member Kramer seconded the motion. The motion was approved 7-0. 6. DISCUSSION ITEMS Northern Integrated Supply Project Jennifer Shanahan, Environmental Planner Before starting her presentation, Jen acknowledged the contributions of Eric Potyondy, Assistant City Attorney, Jason Graham, Director of Water Utilities, Kelly Smith, Planning and Jill Oropeza, Water Quality in managing the City’s interests in the Northern Integrated Supply Project (NISP). Jen noted that Eric’s attendance this evening was to help answer questions from the Board. Jen then walked LCSB through a high-level overview of the NISP outlining the main components, the City’s involvement to date, the permitting processes and the City’s priorities for engagement in 2022. DocuSign Envelope ID: 9DC393A7-07CA-47A8-9913-0DA6FFBB5265 Land Conservation & Stewardship Board Regular Meeting 0 9 /14 /20 22 MINUTES Page 2 Northern Colorado Water Conservancy District (Northern Water) is the proponent of NISP on behalf of the 15 participant communities and districts that will receive water from NISP. The area to be served by NISP includes the Fort Collins-Loveland Water District, which serves portions of southeast Fort Collins. With the potential for NISP to impact City assets, investments, and ecosystem services provided by the Poudre River, the City has submitted comments to the respective permitting agencies at each public comment opportunity. Comments have focused on direct impacts to Fort Collins’ potentially impacted water resources, wastewater, river ecology, stormwater, and recreation. Since the release of the first draft Environmental Impact Statement in 2008, City Council has consistently directed staff to take a proactive and data driven approach to NISP involvement. The Record of Decision (ROD) for NISP’s 404 permit is anticipated to be released in the coming months. And will describe NISP’s infrastructure, the operations plan, and specific criteria outlined by the United States Army Corps of Engineers (USACE) for mitigation. Mitigation required by the federal permitting process is designed to offset the project’s environmental impacts. Of particular interest to the LCSB is the Poudre River Intake pipeline just above Mulberry Avenue, with delivery pipes and accompanying infrastructure passing through four of the natural areas. This will require additional permits from the city for easements across natural areas and potentially a 1041 permit. City staff will analyze the documents contained within the ROD and provide a synopsis to City leadership. As the project moves into construction and implementation, Fort Collins will look to the 404 permit to understand and interact with specific aspects of the mitigation plan. DISCUSSION Multiple board members expressed their ongoing concerns for the health of the ecosystem, the shrinking of the riparian forest and loss of flood mitigation due to decreased flows in the Poudre River. Member Piesman voiced concern with timeline of decision-making by the City given there will likely be court involvement and cited Chimney Hollow Reservoir as an example of a protracted process. He was opposed to LCSB making declarative statements until everything is settled. He also would prefer to wait until the City’s 1041 Regulations updates are finished before issuing a recommendation. Jen explained the 12-week mark following the ROD is the date at which staff will have a solid summary of the ROD. It would not be a deadline or request for an action from the LCSB. In response to Member Culver’s questions as why the City was engaged with Northern Water and if there was any conflict with other water compacts, Eric explained the City’s ongoing business relationship with Northern Water; about half the City’s water is supply is provided under contracts with them, as well as other shared interests. He stated it is generally understood that NISP does not present any compact issues regarding the South Platte. Eric also clarified, all the project participants are governmental agencies and there is no profit to be DocuSign Envelope ID: 9DC393A7-07CA-47A8-9913-0DA6FFBB5265 Land Conservation & Stewardship Board Regular Meeting 0 9 /14 /20 22 MINUTES Page 3 made by them. Vice-Chair Cunniff reminded everyone that Council directed staff to work with Northern Water. Member Kramer inquired about any changes in the science and understanding of river ecosystems during the 18 years since the start of the permitting process. Jen stated that staff have been tracking the same concerns through the years, and some of staff recommendations have been heard and adopted into the project, i.e., not diverting water during the three highest flow days of the year. Several board members asked about moving the diversion downstream thereby maintaining flows through Fort Collins. Eric and Jen explained it is Northern Water’s right to draw water from the mouth of the canyon where it is cleaner; the City’s water treatment plants and riparian run-off degrade water quality. Julia affirmed Member Kramer’s assumption that LCSB would be asked to review and make a recommendation on an easement application from Northern Water at some point during the permitting process. Vice-Chair Cunniff sought clarification about the pump station at Mulberry Avenue and asked if staff would continue to assess future mitigation opportunities. Jen assured LCSB that staff is continually evaluating opportunities to influence the process. Chair Elson asked who would monitor the mitigations required of Northern Water and what remedies are in place for non-compliance. Jen stated that some monitoring will fall to the State and some to CPW. Northern Water is aware the community is engaged and vigilant and therefore likely be transparent regarding mitigation. Member Piesman asked if there was a way to measure or calculate the narrowing of the riparian forest. Member Culver said there is probably such a model out there, with Jen following up to note the 5-year flow model was part of the City’s published comments. Jen’s closing comments highlighted all the good work that has been accomplished by the City during the past 30 years that has resulted in a more resilient system. Member Lopez asserted the ground water recharge impact and evaporation in the reservoirs was the opposite of resilience. She stated the City has an obligation to protect the resource and be good stewards of the Poudre River. Vice-Chair Cunniff recognized the Fort Collins community shares a passion for the health of the river; it is the defining crown jewel of the natural areas. He is appreciative of the work of staff in translating technical information to help leadership better understand what we can do or not do to influence the process and protect the City’s resource. 1041 Regulations: Draft changes to the regulations Katie Donahue, Natural Areas Director provided a timeline for LCSB to advise to Council regarding the draft 1041 Regulations update: The proposed changes to the City’s 1041 DocuSign Envelope ID: 9DC393A7-07CA-47A8-9913-0DA6FFBB5265 Land Conservation & Stewardship Board Regular Meeting 0 9 /14 /20 22 MINUTES Page 4 regulations are currently under review by City Attorney’s Office and Kelly Smith, Environmental Planner will present the vetted draft to LCSB during the October 12 meeting. LCSB will need to have their draft memo completed by October 31st to include in the packet materials for their November meeting and recommendation. A final memo would then be sent to Council to be included in the November 15 Council work session. DISCUSSION LCSB agreed that having Vice-Chair Cunniff and Member Lopez start a draft of the memo as soon as possible would be helpful. Member Kramer noted the deadline for public input on the 1041 Regulations structure was this Friday, September 16th. BOARD/DEPARTMENT UPDATES Bicycle Advisory Committee Vice-Chair Cunniff reported the BAC update was submitted earlier by Member Weber. He gave a brief synopsis and requested the update to be included in the meeting minutes. This past month's meeting was held on the CSU campus with the CSU bicycle advisory folks. We toured by bicycle around campus to see some infrastructure improvements on campus along with some areas in which improvements are proposed and planned and learned about how the improvements are increasing safety and traffic flow. We also heard about the upcoming new striping in Pitkin Avenue as the project nears completion and got an update on the Open Streets event that was upcoming at the time. Annual bike and pedestrian counts are scheduled for 9/20 and 9/24 and they could use volunteers to help. Volunteers can sign up through engage. A special meeting of the BAC is planned for this upcoming week to discuss budget. Community Event Member Culver announced an event of interest to staff and LCSB: John Giordanengo will be giving a talk on his book Models for Restoring our Economies. Member Culver offered to send the event details via email to anyone interested and shared that she knows John as a wonderful restoration ecologist. DEPARTMENT UPDATES Katie Donahue, Natural Areas Director introduced the follow up to the last month’s LCSB recommendation regarding the RESTORE grant IGA to conduct aerial herbicide application at Coyote Ridge Natural Area. LCSB recommended staff investigate and report on existing and potential monitoring on non-target animal species. During the August 16, 2022, City Council meeting, Councilmember Ohlson requested information relative to the aerial application of indaziflam. The memo submitted by staff provides a snapshot of relevant research and monitoring of the impact on non-target species. DocuSign Envelope ID: 9DC393A7-07CA-47A8-9913-0DA6FFBB5265 Land Conservation & Stewardship Board Regular Meeting 0 9 /14 /20 22 MINUTES Page 5 DISCUSSION The Board had several questions around potential run-off and windblown contamination and inquired about ways those might be monitored. Member Piesman suggested that even limited monitoring would ease concerns. Matt and Bernadette’s assessment was the only consistent bodies of water in relation to the planned application areas are pretty distant. Matt also pointed out the topography of the application areas do not lend themselves to migration as indaziflam is known to bind to soil. Vice-Chair Cunniff wondered if there was a site downwind, where an accumulation of contaminated soil could collect and then be swept into run-off. Matt and Bernadette stated they were certainly willing to follow up with CSU on testing of soil samples for indaziflam. Bernadette informed everyone the CSU soil testing lab is relocating to Denver so there will likely be disruption of service. Member Lopez inquired about mobility of several of the compounds found in indaziflam that may migrate with winter precipitation as well as the internal exposure and toxicity to dogs. Matt replied that internal exposure or dosage relative to body weight would have to be extremely high to result in toxicity. Member Lopez also asked staff if they found any research on macrophytes (algae). Staff stated they sought input and references from colleagues in Boulder and Jefferson Counties, and that most of the plant research was on native plant response to the herbicide. Poudre Flows Plan Katie stated that while there would not be a presentation, staff was present to answer questions regarding the Poudre Flows Plan Update memo included in this month’s packet. DISCUSSION Member Piesman asked how much of the water was owned by Fort Collins Utilities and if the plan would benefit the ELC project. Eric explained a portion was owned by Fort Collins Utilities and some by the City of Thornton. The City would contribute approximately 30 CFS or about half the increased flow of the urban reach through Fort Collins. Bernadette replied that both projects share the goal of in-stream flow rate and keeping water in the river so yes, it would support the work at the ELC. Member Piesman declared the plan groundbreaking and that using water to benefit the river habit was great. Jen stated the Poudre Flows Plan is a huge complement to the NISP mitigation efforts and an amazing proactive effort. Vice-Chair Cunniff expressed his excitement for the progression of plan, complemented staff on the project to date, and noted how it not only increases flows in the urban reach but also further downstream. He asserted that CFS could not be guaranteed but any contribution would be helpful. Eric agreed that while Utilities can forecast the amount of the water they are able divert, it is still dependent on the numerous priorities of the various ditch companies. Member Kramer said he would be very interested in staff coming back with a presentation on the topic; he felt like he needs a larger view of the plan that could be huge win for water conservation in the state. Julia said staff would be doing some feasibility studies, and analysis about the actual work needed. If staff moves forward with a BFO, it will certainly make sense to DocuSign Envelope ID: 9DC393A7-07CA-47A8-9913-0DA6FFBB5265 Land Conservation & Stewardship Board Regular Meeting 0 9 /14 /20 22 MINUTES Page 6 present to LCSB. Vice-Chair Cunniff asked if there were any water law or legislative complications that the board could address. Eric reported that the plan will need go through the water court process for final approval, but state statute specifically authorizes this sort of plan. Eric stated they have not identified any additional barriers. In response to Member Piesman’s question, Eric stated the increased flows are tentatively planned for April-November unless additional storage capacity becomes available. Bernadette cited the schedule included in the memo regarding funding and design of infrastructure required to implement the plan. She expects to secure cost estimates during the next year. She also reiterated the complexity of the plan, and that staff will be sharing updates with LCSB in the coming months and years. NAD 2023-2024 Budget Katie reminded everyone that over next month or so, Council will be reviewing the City Manager’s prosed budget for 2023-2024, during three work sessions. Katie expects Council to be looking at Natural Areas offers during the September 27th session when Environmental Health goals will be discussed. Most of the Natural Areas offers are ongoing except for three enhancement offers: West Nile Virus in collaboration with Parks, ELC in-stream water rights and one new Environmental Planner position. Natural Areas 30th Anniversary Katie announced two “save the date” events in celebration of Natural Areas 30th Anniversary. On November 1st, there will be City Council proclamation acknowledging the 30th anniversary of the passage of the ballot initiative. This date coincides with the regularly scheduled Council meeting. Staff will host an evening of celebration at The Lincoln Center on November 30th. This community event will honor all the participants instrumental in getting the 1992 ballot initiative passed, current and former LCSB members, and everyone who continues support our day-to- day work and provides oversight and guidance. Staff is also planning to do a series of celebratory events throughout the upcoming year and incorporating the anniversary milestone into the department’s educational programming. MSR/Biosolids Update Katie stated she contacted Utilities requesting an update to LCSB, but it has not yet been scheduled. Land Conservation The GOCO grant application for the Buckeye Ranch Conservation Project land acquisition in conjunction with Larimer County will be submitted on Thursday, September 22nd. Staff and LCSB discussed this acquisition during the August 10 meeting. Council approved the IGA required for the grant. DocuSign Envelope ID: 9DC393A7-07CA-47A8-9913-0DA6FFBB5265 Land Conservation & Stewardship Board Regular Meeting 0 9 /14 /20 22 MINUTES Page 7 Staff closed on a property in the Dry Creek drainage. The 9.75-acre parcel will be helpful in creating access and a ditch crossing into the adjacent 40 acres of NAD properties. Katie gave huge kudos to Julia and the Land Conservation folks who have continued to plug away even though they remain short staffed. The Land Conservation Specialist application deadline was extended until September 28. The potential acquisition discussed last meeting during executive session is moving forward. Natural Areas will be a contributing partner with Larimer County to purchase the 1500-acre ranch in south Larimer County at the mouth of the Big Thompson River. Larimer County Department of Natural Resources will present to their advisory board and commissioners before the IGA is brought to this board for a recommendation. NAD would like to submit the IGA to Council for consideration in early November to meet a closing date of November 30th. COA and staff are discussing draft language regarding the Nissan-Kia easement application at Redtail Grove Natural Area. Staff is tentatively planning to bring this to Council on October 4, 2022. Katie will share the final easement proposal with LCSB. Lighting at Larimer County Mental Health facility Julia reported that City Planning staff submitted comments to the county through its Environmental Planning Review team on several items, including lighting and did not receive any reply nor has the City seen the plans for the site. The meeting adjourned at 7:57 pm. Andrea Elson, Chair Date DocuSign Envelope ID: 9DC393A7-07CA-47A8-9913-0DA6FFBB5265 10/19/2022