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HomeMy WebLinkAboutWater Board - Minutes - 10/28/1999i The regular meeting of the Fort Collins Water Board was held at 3:00 p.m. on Thursday, October 28, 1999 in the Utilities Training Room at 700 Wood Street, Fort Collins, Colorado. BOARD MEMBERS PRESENT Paul Clopper, Chairman, Tom Sanders, Vice Chair, John Moms, George Reed, David Lauer, Joe Bergquist,.Robert Ward, Bill Fischer I -my]Ilu1Zl&AI-.) Dave Rau, Tom Brown, Dave Frick STAFF PRESENT Mike Smith, Wendy Williams, Dave Agee, Dennis Bode, Jim Hibbard, Bob Smith, Dennis Sumner, Heather Hoxeng GUESTS Tom Shoemaker, Director, Natural Resources Mark Sears, Natural Resources Randy Fischer, Chairman, Natural Resources Advisory Board Linda Hamilton, Citizen Observer APPROVAL OF MINUTES Joe Bergquist moved that the minutes of September 23, 1999 be approved as distributed. Tom Sanders seconded the motion. Bill Fischer referred the Board to p. 5 full paragraph 2, sentence 2. It should read: "He informed the Board that he represents the Northern Colorado Water Association (NCWA) as their attorney..." The minutes were approved unanimously with the correction. UPDATE: NORTHERN COLORADO WATER CONSERVANCY DISTRICT Gene Schleiger, the representative from the District, was unable to attend. Water Board Minutes October 28, 1999 Page 2 LEVY PROTECTION — 404 PERMIT FOR BOXELDER SANITATION DISTRICT SEWAGE LAGOONS Paul Clopper pointed out that this is an item that David Lauer brought to his attention several weeks ago. He thought it would be appropriate for an "FYI" presentation. It is not an item that the Board needs to take action on. Boxelder Sanitation District is proposing construction and modifications in and around the Poudre River and the Boxelder lagoons. He introduced Mark Sears who is a Natural Resources staff engineer. He also introduced Randy Fischer, a former member of the Water Board, who now is the Chair of the Natural Resources Board. That Board has looked at this project for the last several months. Mr. Clopper invited Mr. Fischer to share a perspective from the NR Board after Mr. Sears gives his presentation. Mark Sears began his presentation by referring to a map of the area. He pointed out an area that is currently owned by LaFarge and has been mined for gravel. The Natural Resources Dept. has it under contract and will take ownership, probably within the next 6 months to a year. He also referred to the Rigden Farm pit for which the City is also negotiating and will probably own within the next few years. The major reason for Boxelder Sanitation District's (BSD) urgency to make the proposed improvements along the River is the flood that occurred this past spring. There has been ongoing flood damage for at least the last decade, resulting in the loss of approximately an acre of land due to soil bank instability and erosion. BSD is concerned that the river will cause damage to the dikes that hold back their lagoons. Over the years, they have already done some riprap protection along the slopes of the lagoons. Within the last year they installed a force main to provide sewage service to C-DOT's rest area and the new state patrol building on I-25. When the flooding occurred in April and May of this year, the River left its banks in a number of locations and exposed the force main, which is in place but not in service. BSD has since gone in to repair it and put a concrete encasing over it, but they are still concerned about protecting that force main over the long term. What BSD is proposing is a number of improvements designed to protect their lagoons, plant and the force main: 1. Put in two rock control structures across the main stem of the Poudre, one upstream of their plant and one downstream to try to maintain the streambed itself from eroding or changing. 2. Construct two rock structures in the river just south of their plant. The purpose of these two structures is to dissipate energy in the River to control erosion. A secondary benefit is that it would provide additional aeration of the water, which is beneficial for water quality, aquatic life, and would enhance mixing of the BSD effluent and the Poudre River. 3. Remove a dike which currently reroutes the River and directs it at the north bank, an area they are concerned about with their lagoon dikes. To do this, they are proposing a 350' earthen weir that would allow floodwater to break out of the river at a controlled location; a designed breakout which would protect the BSD plant. They are looking at a breakout that would allow 12,000 cfs. They would come back in later and harden the weir with riprap and concrete. Water Board Minutes • • October 28, 1999 Page 3 4. Place an additional 2.5' to 3.0' of material to cover the CDOT force main for a distance of 2,500'. 5. Remove approximately 4' depth of sand bar deposits and sculpt sand bar bank. BSD feels that this will increase the channel carrying capacity and provide additional area to dissipate energy. He added that they will bury riprap in two other areas to protect wetlands and the lagoons. Mr. Sears said that he, Bob Smith, Tom Shoemaker and Marsha Hilmes-Robinson have been the primary staff people working with Boxelder. "They have made a number of presentations to us and to the Natural Resources Advisory Board. At this point staff and the NR Board have agreed to allow them to move forward on four different things they have requested. We feel the other items warrant further study. What we are proposing is that the NRB partner with BSD. Perhaps there are some other landowners like LaFarge, who might be encouraged to partner and do a more extensive study of the area of the ELC down to the railroad before any further improvements are made. There needs to be an evaluation of the stability of the streambank. We also need to look at the south bank and formalize where we want to put the breakouts. We need to look at the reclamation and re -grading of Rigden Pit and the POE Pit while we are doing that, and we need to work with FEMA to get a conditional letter of map revision before we make these improvements. Bill Fischer wondered if the Corps of Engineers has been contacted about the 404 permit. "Yes, a 404 permit would definitely be required," Mr. Sears replied. BSD has already obtained the 404 permits that they will need to do the proposed work. Mr. Sears then went through the items that staff and NRB are basically in agreement for BSD to go forward with as interim improvements between now and flood season next spring: 1. Install buried riprap along the north bank to protect their lagoons and constructed wetlands area; 2. Remove the dike that was built by LaFarge in 1995 on City property just south of their plant; 3. Restore three eroded breakouts to pre-existing 1999 flood conditions. Some of these cuts are 10'deep and 20' wide. BSD must not use material from the river or the gravel bar, and would revegetate the disturbed areas with native plant materials. 4. Protect force main near railroad tracks with riprap and topsoil, and revegetate disturbed areas with native plant materials. He went on to say that the four rock control structures BSD is proposing, the weir and the additional cover over the force main are premature at this point, and warrant further study. It is a study the Natural Resources Dept. could participate in. "It would help all of us determine whether the improvements are necessary, and that they are done appropriately with a longer term view," Mr. Sears concluded. Water Board Minutes October 28, 1999 Page 4 Tom Shoemaker, Director of the Natural Resources Dept., made some additional comments. He wanted to clarify why Natural Resources is involved; it is within Larimer County's flood protection jurisdiction. There are three reasons: 1. There is a general interest in this section of the River because it is a part of the Fort Collins community. 2. The City of Fort Collins owns a portion of the property on which these improvements would occur. The archery range, which, while purchased as part of the Resource Recovery Farm, is managed as a natural area. The City Council must grant an easement for this work to occur. 3. The City hopes to have a property interest in all of this area, which is all gravel mined land. We are working with LaFarge and other property owners on some projects to enhance reclamation of the area. One of the major reasons we think it's premature to make improvements on the south bank, is that we need to have a better picture of what the overall restoration of that area is going to look like. Mr. Shoemaker also mentioned that Bob Smith and Marsha Hilmes-Robinson began working on this project in October. When it first came to us, it was basically a 3,200' channelization project, but it has changed very dramatically as a result of staff and the Natural Resources Board being involved. Mr. Clopper gave Board members an opportunity to comment or ask questions. Tom Sanders asked if BSD was going to purchase the land from the City to build their structures. "They would be purchasing an easement that would grant them the right to get in and build their improvements and maintain it over time," Mr. Sears replied. He added that the 2'/2' drop structure and the grade control structure would be on City property. In the future, when the City takes ownership of the POE Pit, the weir will on City property. Tom Sanders said the temporary things are okay; what bothers him is the long term. It seems to him that BSD is doing things that are detrimental to the River and changing the whole ecology. "I would think if they dump into the River, it would be a major issue." "Yes, it is," David Lauer agreed. Mr. Lauer followed up by saying, the area that is City property is a natural area. Their proposal is directly counter to why we have natural areas in the first place; not only in terms of riparian habitat, but also in terms of where it exists when juxtaposed with other areas the City owns. He asked whether it would be feasible to relocate the whole Boxelder Sanitation operation further away from the River. He also asked about the feasibility of incorporating the BSD operation with WWTP No. 2, which is just a short distance upstream. Mr. Sears said he didn't have first hand knowledge about either of those questions. The Natural Resources Board and NR staff have asked Boxelder those same questions. Boxelder responds that they have been there a long time and the cost of relocating their facility would be massive and in addition, where would they relocate it that would be a better location (out of the River corridor)? It would be difficult because that's the low point where all their gravity -fed sewer lines come in. Water Board Minutes f October 28, 1999 Page 5 Mr. Lauer asked how far north they would have to go to be out of the floodplain. Bob Smith responded that, now they are right next to the River. He displayed an aerial photo of the area. He pointed out where they are located in relation to WW Treatment Plant No. 2. BSD is surrounded by the 100-year floodplain. The lagoons are in the 500-year floodplain. If they were to move out of the floodplain, they would have to move their operation near the City's Resource Recovery Farm. They couldn't go south because there are floodplains below it. He wasn't sure their lines would feed the district; most of them come in from the north, except for the force main. He mentioned that there was a study done years ago about tying in their lines with WW Treatment Plant No. 2. Mike Smith added that the City has had numerous discussions about connecting and it is feasible. Boxelder does not want to do it. "They want to exist as a separate entity and they choose not to deal with the City." "Are they aware they are right in the middle of the floodplain?" Mr. Lauer asked. Mr. Smith answered yes. "Were they under water two years ago at the time of the `97 flood?" Tom Sanders asked. "No, they have never been under water." Mr. Smith replied. Bob Smith explained that the flow in the Poudre was greater this spring than during the '97 flood. Mr. Clopper said Boxelder's issue is not raising their protective berms, just building an armorhead against erosion. Joe Bergquist wondered why BSD brought that main up through the floodplain instead of along the highway. Mr. B. Smith said staff asked that same question. "I think it was less expensive." Mr. Clopper asked if Larimer County granted an easement for the force main.B. Smith explained that the City granted an easement for the force main across City and LaFarge property and across the POE Pit down to a place where it crosses the River. M. Smith said you have to go through a process with the state to get a site application to do that, and Boxelder didn't. They gained approval through state and the Regional Water Quality Association to put in a lift station to serve the rest area down below. Boxelder's director Dean Smith has plans to expand the system and to serve Timnath and the area east of the interstate north of the rest station. "They are looking for customers," M. Smith said. Mr. Clopper observed that it seems like a lot of work to serve a rest stop on a highway. It appears that BSD has plans for future growth. M. Smith said there are also plans for going south to serve another rest area on Harmony and I-25 on the east side. "What is the technical feasibility of incorporating their operation into an extension of our WW Treatment Plant No. 2?" Mr. Lauer persisted. The last time the plant was expanded there was a connection for the future included just for that purpose," M. Smith replied. There were discussions with Boxelder at that time. The District's boards years ago were more inclined to talk about that possibility, but since they separated from ELCO, and created their own management, they have not been as cooperative about working with the City. M. Smith provided some additional background information about how the separation from ELCO occurred. Mr. Clopper recalled how about 5 years ago when the City Council agreed to sell BSD a piece of City property on their northwest corner, Boxelder had threatened to condemn the property. M. Smith pointed out the property on the map. Water Board Minutes October 28, 1999 Page 6 Mr. Lauer thinks, before we do anything serious about this beyond the Corps of Engineers permit, the concerned parties ought to consider BSD connecting to our Wastewater Plant. Boxelder's facilities are sitting in the middle of the floodplain right next to the River and that's going to cost us a natural area. Overview by Randy Fischer Randy Fischer, Chairman of the Natural Resources Board, was asked to provide the NR Board perspective. Mr. Fischer began by saying that the Natural Resources Advisory Board is quite concerned about this issue for a couple of major reasons: 1. It has to do with easements being requested on natural areas. One of the main reasons he wanted to join the NR Board is because of his interest in land conservation. Shortly after joining the Board he realized that entities like BSD can condemn the natural areas for nearly anything they want: sewer lines, roads, access to different parts of their property, etc. Since that time the NR Board has been advised of a number of different easements that are being requested on natural areas, even the Cathy Fromme Prairie. 2. He emphasized that this is a precedent -setting situation. With regard to the BSD property, there are some high quality areas, some worked over and some nearly destroyed areas. Of course, the area used for gravel mining is going to take some major restoration. Actually, the riparian forest in the area along the River is pretty impressive. It's providing a nursery for new growth of the cottonwood forest. Back in June or July, the District requested an easement that caught the NR Board off guard. Basically Boxelder said, "If you don't give us an easement, we are in serious danger of losing our lagoons, which will result in polluting the Poudre River." Without anybody coming to the table with any information to rebut that argument, the City Council granted the easement. Mr. Fischer thinks part of the easement to remove the dike that Western Mobile (now LaFarge) put in, is probably a good thing. The dike is deflecting the water towards the lagoons. It was constructed illegally on City property without the City's knowledge. They received a permit to do that. The NR Board supports removal of the dike. However, the Board has some serious concerns about all the other things that have been discussed. The BSD has a list of about 10 things they would like to do; most of which are in existing natural areas. In addition to the weir and the 2 '/2' drop structure, they want to build a large riprap wall to actually anchor the drop structure to the weir. The Board is very appreciative of the efforts of Bob Smith, Marsha Hilmes-Robinson and Tom Shoemaker to scale down the things BSD wanted to do. It still must go to the City Council. Mr. Fischer stated he is comfortable with the idea of staff supporting a study that would incorporate the natural areas values and aspects of this project with the River stability aspects. The NR Land Conservation group has a vision for this area of the River. What the Board is concerned about is if BSD does some of the structural things to the River now, it will take forever to realize the group's vision. Mr. Fischer is glad staff has taken the position they have. "I think it is something the Natural Resources Board can support." It will be important to go to Council and support something that staff supports. Water Board Minutes October 28, 1999 Page 7 Mr. Fischer is somewhat concerned about some of the things BSD wants to do along their lagoons. Actually, their designs are quite fluid at this point. He has seen a number of different renditions of what they want to do. "Although I don't like to see a lot of pink riprap along the River bank, I don't think the City has a lot to say about what they do there." When it begins to impact the riparian forest and it's on City property, he is more concerned. He pointed out that the latest drawing from Boxelder is somewhat more palatable to the NR Board. He is reserving judgement until they present their actual design. Marsha Hilmes-Robinson has been very helpful to the NR Board because she knows about river hydrology, stability etc. She told Mr. Fischer that the drop structure is probably in the wrong spot to be a good energy dissipater. "I think its purpose is more mixing than flood control," he said. David Lauer asked Mr. Fischer if he would be willing to take the idea of incorporating Boxelder's operation with the City's WW Treatment Plant No. 2, to the NR Board to see what their reaction is. The NR Board discussed that previously, and it is apparent that Boxelder is not going to agree to anything like that at this point. They still have about 20 years of capacity in their current facility, Mr. Fischer responded. Mr. Fischer noted that Boxelder has constructed a fourth lagoon, which is presently empty. One of the arguments they are using for their approach is to say if they aren't given the easement to do the things they propose this winter, they run the risk of losing their lagoons to a spring flood. It might be feasible for them to empty one of their lagoons in the most perilous part of the River, and fill the fourth lagoon that isn't being used. There is an old landfill located right on the riverbank. The riverbank warrants some protection if there is serious threat of eroding into the landfill, which was closed under a state solid and hazardous waste permit. Mr. Fischer concluded by saying that he hopes a plan will be generated that will enhance the natural areas and address Boxelder's concerns as well. He mentioned that the NR Board would like to look at the POE Pit and the Rigden Farm Pit to make sure a constant flow of water is maintained through some constructed wetlands in that area because of their treatment capability. Effluent from BSD might be used for that as well. He pointed out that BSD has condemnation powers and could elect to take the City to court on this. Even though this would be a temporary construction easement, they would have to maintain some of this nearly every year. Mr. Clopper thanked Mr. Fischer for the overview, and asked if the Board had any questions or comments. His comment was that staff hasn't formally brought anything to the Water Board on any of these issues. He mentioned that he and Bob Smith were discussing this issue two weeks ago. There is a possibility the Board will see something from Boxelder through the variance process for some kind of floodplain ordinance. "Actually, as Tom Shoemaker mentioned, the area is in the jurisdiction of the County," Bob Smith responded, "so the Water Board doesn't have floodplain variance jurisdiction out there. The City owns a small strip there, but we don't have jurisdictional review of that floodplain." Mr. Clopper stated that it appears to him that traditional flood study methods, like a FEMA floodplain analysis in a one dimensional cross section sense, is questionable. If you're planning constructed breakouts and complex cross sections and that kind of thing, that traditional method. Water Board Minutes October 28, 1999 Page s of analysis is certainly not going to work and give you a clear picture of how this is going to function. A two dimensional approach is certainly warranted. David Lauer asked what we know about the current situation with water quality as a result of the flow that's coming out of Boxelder. "We don't know of any unauthorized or illegal releases there," Mike. Smith replied. Dean Smith has talked a lot about the wetlands treatment that Randy Fischer mentioned. I'm not aware of any major problems with meeting his permit right now," Mr. Smith said. Bob Smith said the discharge from the lagoons goes into the Boxelder just above the confluence of the Poudre. It goes into Boxelder versus the River," Mike Smith added. "Of course it goes into the River after that. Standards are set for water quality in Boxelder Creek." Tom Sanders said the unfortunate thing is the pressure pipeline that Boxelder is expanding and Dean Smith will eventually want to expand more lagoons there. If he has the right of eminent domain, he could eventually expand into the natural areas. "I think we are making a big mistake if we start tying up part of the tertiary treatment in our wetlands and our area," he contends. In the several years that he has been on the Water Board, Dr. Sanders feels that the City and the Board have cooperated very well with BSD. "We may have to reassess this because, gradually the lagoon system is going to become very large in the next 20 years. Also the expansion into the natural areas is counter to what we are trying to do in the long term," he stressed. "When we talk about their condemnation powers," Mr. Lauer asked, what is the legal recourse of the City of Fort Collins and the County?" The City Attorney looked at it and they do have condemnation powers. If they can convince the courts that their purpose is greater than our purpose, they win," Mike Smith responded. "What would it take in terms of expansion, for WW Treatment Plant No. 2 to incorporate BSD's operation?" Mr. Lauer persisted. "It's small enough that we could connect it right now. We have plenty of capacity," M. Smith replied. Dr. Sanders wondered if we could have this item brought to the Board, as an agenda item, so we can give our advice to the Council. "If there are issues that staff identifies that they would like our advice on and make a recommendation to Council, then certainly it would come back here," Mr. Clopper responded. Bill Fischer pointed out that our Council Liaison, Chuck Wanner is here today. "We would appreciate any comments he might have." Mr. Wanner stated that he would encourage the Water Board to give the Council as much direction as possible. Tom Shoemaker said that this item will be going to the Council in November, because Boxelder wants to have something resolved by the end of the year. Mike Smith suggested that, in that case, the Board consider supporting the staff and the Natural Resources Advisory Board's position. The second Council meeting will be before the Board's next meeting, Mr. Clopper said. Bob Smith explained that there are a number of plans that Randy Fischer showed the Board, that are still conceptual. "We are in agreement with that," he said. "Would it be helpful to you if this Board would recommend supporting this?" "Yes, it would," B. Smith replied. Water Board Minutes October 28, 1999 Page 9 ACTION: Motion and Vote Tom Sanders moved that the Water Board support staff position on the short and long term issues presented in the position paper. Joe Bergquist seconded the motion. The motion passed unanimously. LAND PURCHASE. RESOURCE RECOVERY FARM Prior to Tom Shoemaker's presentation, Mike Smith related that the City is gradually moving its sludge application project from the Resource Recovery Farm (RRF) to the Meadow Springs Ranch. Because that is occurring, there have been questions about the future of the Farm. This is a project that Tom Shoemaker has been working on to do some exchanges which, will benefit both Natural Resources and the Utilities. Tom Shoemaker outlined the transfer deal in terms of the land transaction, and some of the reasons behind it. A memo explaining the background and the transaction in more detail was distributed at the meeting. Possible Conflict of Interest At this point Bill Fischer reminded the Board that at the last meeting he mentioned that he represents the Northern Colorado Water Association as their attorney. Although this isn't directly related, he wanted to make sure that the minutes reflect his involvement with the Meadow Springs Ranch. He asked if he should excuse himself from this discussion because a recommendation will be made and this could be a conflict of interest. Paul Clopper assured Mr. Fischer that this transaction has nothing to do with the Ranch. "If there is something in the discussion which makes you feel that you should abstain from making any comments, you might inform us of that," Mr. Clopper suggested. "We will realize that you are being silent for a purpose." Mr. Shoemaker continued by displaying an aerial photograph of the area, indicating I-25 and Prospect Rd., and the Resource Recovery Farm. He pointed out that the brown colors on the map represent publicly owned natural areas owned by the City of Fort Collins. "As you can see, we are amassing quite a consolidated tract of land along the Poudre River." The orange color is the CSU Environmental Learning Center. This project is one on which the City collaborated with CSU, although the City has taken a strong leadership role to accomplish it. Mr. Shoemaker was asking the Board to recommend to the Council a transfer of about 174 acres of the Resource Recovery Farm from Utilities to Natural Resources. The overall area of the Farm is about 330 acres. Actually, the City owns land in the name of the City of Fort Collins, so there is no title change. Because the property was purchased with Utilities funds, and will be changed from Utilities uses to natural areas uses in the future, it is required that Natural Resources reimburse the Utilities fund for the value of the property they will be acquiring. He said they worked closely with Utilities staff to make sure that what we are proposing does not interfere with the Farm's operation. It is an opportune time to acquire the land since the operations are gradually moving from the Farm to Meadow Springs Ranch. The property has been appraised at $1,270,000. As was mentioned earlier, we would propose to pay for the property with Natural Resources funds. "Why are we doing this? It is partly because Water Board Minutes October 28, 1999 Page 10 CSU, the City and the State are building a Welcome Center and the Environmental Learning Center in this area. The RRF property, basically from Boxelder Creek west becomes strategic in terms of a connection between natural areas along the River and the rest of the Visitor's Center. The Environmental Learning Center needs the land to create a large open space and natural area complex in this vicinity. This will help them, if they can pull if off, to meet an important conservation goal. What we are considering is to lease the gravel rights to LaFarge and let them mine it. "Why would we want to do that?" he asked. He again showed the property in question on the aerial photo. He explained that the area outlined in red is what is referred to as the Rigden Pit. It's owned by Flatiron Corp. in Boulder, is permitted by LaFarge, and is part of their overall mining operation in this area. Mr. Shoemaker also pointed out some of the property's other assets: a mature cottonwood forest, a very nice meadow, some operations of the Environmental Learning Center and the heronry. What Natural Resources is trying to do is save this area. It has been fully permitted for mining, and has been for many years. The requirement is that the mining company would keep a 50 ft. setback from the River. The bottom line is they would mine the area and we would lose the majority of that riparian forest and the heronry. "We have been.working with LaFarge and Flatiron for about two years to find an alternative to that." Basically what would occur, and the reason we are proposing this, is they would quit mining. They have been incredibly cooperative in not going in and striping this area up to this point. No more of this area would be mined; instead; they would use the level agricultural land, which has very little natural resource value at this time. The Resource Recovery Farm property would be mined over a four to eight -year period, beginning in the year 2000. LaFarge would be responsible for reclamation, which has been designed in accordance with our Strategies for Gravel Lands Along the River to enhance wildlife habitat, as a wetland/upland complex. The mine plan was designed not to have an ongoing requirement for evaporative loss augmentation. It is part of Natural Resources efforts to work collaboratively with the gravel operation to enhance the reclamation and ultimate resource value of lands closed to mining. Moreover, gravel reserves at the RRF total 2.8 million tons, so there is an incentive for LaFarge to make the exchange. The project also offers a low-cost opportunity for enhancing reclamation at the POE Pit and the East Rigden Pit so that these properties offer a more diverse wetland complex with softer slops and less open water than would otherwise be the case. In all, the project provides for enhanced reclamation, with wildlife habitat as the reclamation goal, on a total of approximately 350 acres. In addition, the proposal has been designed to be "zero added cost" to LaFarge for mining the first 1.2 million tons at RRF (which offsets their unmined resource at East Rigden). They would compensate the City at fair market value for the remaining 1.6 million tons of gravel. The proposal, obviously takes the recommendation of the Water Board and an agreement with the City Council. "We are building up to the point of presenting this to Council within the next month or so. We believe we have agreement with LaFarge and Flatiron as to how we are going . Water Board Minutes • • October 28, 1999 Page 11 to make all of this work," Mr. Shoemaker related. "We have been working with Utilities' staff for some time to make sure that it makes sense to them as well," he concluded. Mr. Bergquist asked if it would be a transaction that would guarantee that we own that property so it never would be mined. "Yes," Mr. Shoemaker replied. George Reed asked if the water right credit would appear as a credit for Natural Resources. He also wanted to know if the mineral rights have been researched. Mr. Shoemaker said they need to make sure they have sufficient water to deal with any evaporative loss augmentation requirement. Although it has been designed to minimize that need, as opposed to what you see around the community of basically one pond, two pond, three pond. This is continuous draining and will be kind of a leaky area. "We probably won't be able to get it down to zero, so we need the water for that." The way Dennis Bode manages the City's overall water resources, we have picked up water rights along the way. Those actually go into the City's pool, so it's not leaving the City. This appears as a credit to Natural Resources. He also responded that the mineral rights on all of this have been researched. He added that it's fairly complicated. Flatiron owns the gravel rights (here) so instead of our receiving the royalty on the 2.8 million tons that will come off the area, it will to Flatiron. Dr. Sanders asked what fund the money goes to that is transferred from Natural Resources to the Utilities. "It goes to the wastewater fund," Mike Smith replied. He also asked about the eminent domain aspect of this. "If this is owned by Natural Resources instead of Utilities, does that make it a little less susceptible to eminent domain by our neighbor to the south?" "I don't think so," M. Smith replied. "The only issue you would have that might be more positive is that it does become a wetland natural area." "But it was a waste disposal site," Dr. Sanders began, "and it seems to me that's equivalent to a sewage treatment plant. Therefore, with regard to eminent domain, you should have equal footing." "Not when the City has 25,000 acres north of town, that probably wouldn't hold water," M. Smith responded. In looking at the map, Joe Bergquist observed that the City has acquired a lot of territory, which shows that the City wants all of this to be natural area. You can't pre -determine what a judge is going to decide, but it appears that the City has been trying to acquire most of it. Dr. Sanders remarked that LaFarge may ruin the area or fix it so Boxelder wouldn't want it, so they couldn't move north. That's a major issue. He contends that it makes it more susceptible for future growth. M. Smith doesn't think it does. "If anything it makes it harder with the addition of the wetlands." "Who owns the land that contains that pit?" David Lauer asked. "Is it LaFarges' or City land?" "This pit belongs to Flatiron," Tom Shoemaker replied. "Are we going to do a land exchange?" Mr. Lauer continued. We will also purchase this land from them. We've added that to the contract," Mr. Shoemaker said. Water Board Minutes October 28, 1999 Page 12 Earlier we were discussing our concerns about Boxelder's proposals along the south bank of the Poudre. "We want to look at this entire area as one landscape unit, and design the restoration beyond what LaFarge is required to do to really enhance the wetland," Mr. Shoemaker explained. Some of that would likely involve taking out the dike between the two ponds. It would also enhance our ability if Fort Collins chooses to do tertiary treatment in the future. In order to get a mining permit on gravel land, don't you have to present a reclamation plan of some sort? Mr. Reed asked. "Yes, and we've had mining approval from the State of Colorado already," Mr. Shoemaker replied. "We are now working our way through the City of Fort Collins to approve the process." "Does the reclamation plan by LaFarge meet your requirements?" Mr. Bergquist asked. "We designed it," Mr. Shoemaker said, and added that they collaborated with CSU and Colorado State Parks, etc. in the design of that as well. Mike Smith related that Utilities staff thinks it is a great opportunity to meet the various goals of both Natural Resources and Utilities. As we move off the site, to recover our investment of the site, we realize that it is probably not the most marketable land for anything but open space and gravel mining. He reminded the Board that the City paid $1, 276,000 for the entire 300 acres of the farm, which is $6,000 more than what we are getting for the 174 acres. He added that we still have parcels that are higher in value, which we can sell later on. Dr. Sanders asked where the royalties, that were mentioned earlier, will go. "To the natural areas," Mr. Shoemaker replied. Dr. Sanders believes that some of that money should go to water and wastewater. "I think that would be too complicated," Mr. Shoemaker responded. Robert Ward recalls that the City has a land use plan for this whole area. "What are we planning to do with this area, including the part we will be transferring, and the part that parallels it along I-25. Keep in mind that this was conceptual, Mr. Shoemaker began. Basically this area was shown as some kind of an open space use with the possibility of gravel mining occurring. In the City Plan process, this portion of the Resource Recovery Farm was zoned as RC, which is River Corridor. That is anticipated to have very limited development uses, and does allow for gravel mining. The areas adjacent to the CSU Environmental Learning Center are zoned commercial, and the remaining area is a mix of residential uses. Mr. Lauer asked the location of the Visitors' Center. Mr. Shoemaker pointed it out on the map. Dr. Sanders asked if there are plans for the other parts. "Not yet," M. Smith replied. "Is this going to affect that?" Dr. Sanders asked. "No, we still have our composting facility there," M. Smith answered. They aren't sure what will be done with that long term. Mr. Shoemaker is working on another deal for the northeast comer. I would expect to come back to the Board in January or February about that very valuable parcel at the Prospect intersection, which is zoned commercial," Mr. Shoemaker noted. We are expecting to acquire that land through an exchange with the State Land Board for property on the south side of Fossil Creek Reservoir. It's a fair market value transaction to the Utilities. He also pointed out that with most of the transactions that are done with private owners, the City achieves a 10-15%, and sometimes more, bargain sale donation from market value. Mr. Clopper asked what is the dark green, diagonally oriented out lot on the aerial photo. "That's a pond owned by the University," Mr. Shoemaker said. "Years ago when the City bought the Water Board Minutes • • October 28, 1999 Page 13 Farm, Flatiron wanted to gravel mine some of that area, so we just excluded a piece from the bottom," M. Smith explained. It's been mined and donated to the University. It should be noted that the heronry was established after LaFarge began the gravel mining. Do any of the plans for that area affect the herons?" Mr. Lauer asked. "It's not in the heronry," Mr. Shoemaker said. ACTION: Motion and Vote Tom Sanders moved that the Board recommend approval of the Transfer of the Resource Recovery Farm property. David Lauer seconded the motion. Mr. Fischer suspected that he had a conflict and chose to abstain. The motion passed 7-0 with one abstention. Paul Clopper made an additional comment for the record. He wanted to commend the staffs of both Natural Resources and Utilities for this very nice piece of creative work to arrange for this exchange. Robert Ward seconded Mr. Clopper's comments. Taking advantage of an investment that was made for one purpose years ago and now using that investment to accomplish other City activities and objectives today in a very efficient way, is indeed commendable. STAFF REPORTS Treated Water Production Summary Dennis Bode reported that September treated water use was 2,699 ac-ft, which was only about 83% of average. So far in October we are running about 901/o of what we had projected. Water use continues to be below average. For the year, we are at about 90% also, and we expect to end up close to 90% for the year. David Lauer recalled that about two months ago, he asked about the statistical significance of the temperature. He went on to ask the difference so far in 1999 and the average from 1951 — 1990 for precipitation. "Is there any statistical significance between 19.3 year to date for 1999 compared to12.7 as an average for that period?' he asked. "If you think back to April where we had 8.29 in. in a few days, that skewed things rather dramatically," Mr. Bode responded. "It certainly made the year look pretty wet. It's probably one of the top five years in the last 30-40 years." "Are you saying it's statistically significant between 19 and 12.1?" Dr. Sanders asked Mr. Lauer. "Yes, I'm asking if it is realistic to think there would be a test that would show that," Mr. Lauer replied. "What you have here is a trend," Mr. Ward stated, "and what you are wanting to know is if there is any significance to that trend, but until you get enough of the trend to change you can't do the test." "I think the weather cycles tend to be pretty long. It's really hard to tell, even in 10 or 20 years what's going on," Mr. Bode stated. Mr. Ward related that there is a man, Tim Still, who has records of water quality from 1888 — 1998. He can put different post -it notes over different records. By looking at different parts of the record, you get an entirely different period. When you start pulling them all off, you realize, depending on where you were in time, and what you saw, you get a very skewed view of the total hundred -year record," he explained. "We are facing that same situation now. We simply don't know what it's going to look like in the next 10-15 years. We can say what has happened, but to say what's happening with any statistical confidence right now, with a very short record, is very difficult," he concluded. Water Board Minutes October 28, 1999 Page 14 COMMITTEE REPORTS There were no committee meetings in October. OTHER BUSINESS Meeting Dates for November and December Mr. Clopper related that the regular November and December meetings fall on Thanksgiving and near Christmas again this year. As you may recall last year, the Board decided to combine the two meetings into one. The Board decided to combine the two meetings this year on Thursday, December 9'". Announcement Joe Bergquist announced that Mark Reisner, the author of Cadillac Desert, will be speaking at the CSU Lory Study Center at 7:00 p.m. on Wednesday, November 3, 1999. South Platte Forum Robert Ward and Joe Bergquist had just returned from the South Platte Forum. "There were some very good discussions, especially about endangered species issues, and the potential impact that some of those issues may have on water management," Mr. Ward related. He has the impression that the three states' agreement must result in a plan of how we are going to get that water by July of 2000. He understands there will be 10-15 years to implement it. It's part of the Adaptive Management Concept. They are going to try to determine a way to get the extra water, and then they are going to monitor the ecosystems intensively to see if, in fact, that extra water and the land purchases in Nebraska, are going to help recover the endangered species. The implication is if it doesn't, they are going to come back for more water. Joe Bergquist said they are going to come back no matter what because we are not up to the target of 417,000 acre feet. They are only at 75,000 now but they want to get it to 130,000 acre feet for this first phase. Bill Fischer said the three -state agreement was negotiated for a long period of time. He said he would be glad to talk about it at another meeting. He had some clients involved in it. It was an interesting document and the result of, not only legal issues, but political ones as well, and has far-reaching implications. ADJOURNMENT Tom Sanders moved to adjourn. After a second from David Lauer, the meeting was adjourned at 4:43 p.m. Water Board Secretary