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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/16/2021 - FIRST READING OF ORDINANCE NO. 046, 2021, MAKING S Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY March 16, 2021 City Council STAFF Matt Zoccali, Environmental Regulatory Affairs Manager Mark Kempton, Water Production Manager Cyril Vidergar, Legal SUBJECT First Reading of Ordinance No. 046, 2021, Making Supplemental Appropriations, Appropriating Prior Year Reserves, and Authorizing Transfer of Existing Appropriations for Post-Fire Watershed Restoration Treatments and Operational Costs Associated with Treating Fire-Impacted Water Supplies. EXECUTIVE SUMMARY The purpose of this item is to consider an appropriation of funds for the unanticipated needs of post-fire watershed restoration treatments and operational costs associated with treating water supplies impacted by the 2020 Cameron Peak wildfire. This AIS summarizes the current and anticipated impacts from the 2020 Cameron Peak wildfire on water quality, water treatment and water supply planning, and expected funding needs for post-fire watershed restoration and to support water treatment operations in 2021. Staff will also provide a summary of an IGA for cost-sharing the needed post-fire watershed restoration treatments with partnering public water providers. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The unprecedented 2020 summer and fall wildfire season resulted in nearly 400,000 acres of burned landscape in critical watersheds that provide source water supplies to communities in Larimer and Weld counties, including Fort Collins and Greeley. These communities receive water supplies from the Cache La Poudre River, the Colorado-Big Thompson (CB-T) system, and associated high mountain reservoirs, which were impacted by the Cameron Peak and East Troublesome wildfires. Northern Water (Conservation District) is managing the response and recovery to the East Troublesome Fire. The work proposed in 2021 pertains specifically to impacts from the Cameron Peak Fire. The after-effects of widespread forest fires typically include more frequent and flash flooding following rain and snowmelt runoff events, leading to increased ash and sediment in rivers, increased likelihood of debris flows, and an overall degradation of water quality, particularly after thunderstorms. The water quality impacts of post-fire debris and sediment flows following rain events are often sudden, severe, and can render the Poudre River water supply temporarily untreatable. In these cases, as followed the 2012 High Park Fire, the ability to rely on Horsetooth Reservoir water is critical for the continuity of water treatment operations. Real-time water quality sensors on the Poudre River ensure changes in water quality are detected early enough to allow City water utility operations to effectively bypass the river water until conditions improve. Agenda Item 12 Item # 12 Page 2 The primary purpose of post-fire treatments like the application of mulch or other groundcover, is to decrease erosion and hold soil in place, thereby giving the chance for vegetation to reestablish and minimize the downstream impacts to property, infrastructure, water quality and aquatic life. In cases where stabilization is not feasible or is ineffective, downstream treatments like wattles or sediment catchment basins are designed to spread out, capture or relocate sediment and debris, keeping it off roadways and away from homes and water supply infrastructure, and out of the main river channel. POST- FIRE WATERSHED RECOVERY APPROPRIATION A group of regional stakeholders, referred to as “Water Providers”, worked with a consultant (JW Ass ociates) to develop an initial watershed assessment of post-fire conditions to identify priority areas for mitigation treatments. (Attachment 1) The assessment incorporated various public data sets including slope, soil burn severity, debris flow probabilities, and hillslope sediment delivery estimates. Other factors considered included the location of key water supplies, land ownership and management designations (e.g., Federal Wilderness Areas). This approach has initially identified approximately 10,000-18,000 acres of moderate to severely burned areas that meet criteria suitable for treatments, at an estimated cost of $19 - $38 million dollars, depending on the type and extent of treatments. The typical types of treatments considered included aerial wood shred mulching, installation of straw erosion wattles, sediment catchment basins, and stream grade control structures. Studies conducted after the 2012 High Park Fire, supported a broader body of research showing that wood mulching is highly effective a t reducing hillslope erosion. The working assumption when approaching this type of post-fire mitigation work is that there is greater cost-benefit to holding the sediment on the hillslopes than later dredging it out of the river, reservoirs, and diversion structures. While the treatment needs far outweigh the financial resources available for post-Cameron Peak Fire work, the prioritization process for selecting treatment areas will allow the City and other Water Providers to maximize the benefit of all available financial resources. Many uncertainties remain around the extent and timing of the start of post-fire recovery work. As soon as the weather and ground conditions allow, the areas initially identified as highest priority for treatments need to be field-verified to ensure the feasibility of actual treatment application and construction. The target start for aerial mulching is May - June, or as soon as target areas are snow-free. A second assessment of needed treatment will likely occur in Fall of 2021 to identify remaining treatment needs not addressed during the initial implementation phase (Spring and Summer of 2021). This future work would be addressed with any remaining funds from 2021 and future appropriation requests as needed. Other uncertainties include the ultimate number of cost-sharing partners, the amount of available State grant funds, the outcome of efforts with Federal and State delegates to appropriate additional funding assistance, and the possible eligibility of use of said funds on USFS lands, including in federally designated Wilderness Areas. Staff are engaged in discussions with various State and Federal agencies as well as Congressional representatives and State leaders to convey the need for additional funding resources for fire recovery. Ultimately, the availability of additional State and Federal assistance funds could significantly increase and in turn, would greatly help minimizing post-fire impacts to water supplies. The timing on any of these decisions is unknown and the urgency of the work requires moving forward with currently available resources. Proposed Post-Fire Emergency Watershed Treatments & Associated Costs ($4,000,000) • Aerial Wood Mulching of highest priority areas = $1,000 - $3,000 / acre o $3.7 Million addresses 2,500 - 7,500 acres out of the 10,000 acres identified as highest priority. • Wattles, stream grade control, sediment catchments = $265,000 • Project Management Support = $35,000 WATER TREATMENT OPERATIONS Staff estimates unanticipated operating and capital costs for the Water Treatment Facility associated with the wildfires of up to an additional $1,000,000 in 2021. As more is known about the impacts of both fires on the City’s water quality and water supply, work items and estimated costs may be revised. In the meantime, Agenda Item 12 Item # 12 Page 3 Utilities staff will work to mitigate unanticipated costs and find innovative and practical solutions to this unprecedented event. 2021 Unanticipated Water Treatment O&M and Capital cost estimates ($1,000,000) • Poudre Intake sediment removal = $500,000 • Additional water treatment chemicals = $300,000 • Solids handling/drying temporary improvements = $50,000 • Water treatment and watershed studies/monitoring = $50,000 • Joe Wright Reservoir Mitigation = $50,000 • Potential water restrictions outreach and staffing = $50,000 The Water Shortage Action Plan (adopted by Council in 2020) outlines a process for reviewing and evaluating demand management needs to respond to potential water shortages, which could be exacerbated by post-fire impacts to water quality. Facing uncertainty around water quality this year, staff is working to be prepared for a potential water shortage. On March 18, staff will get input from Water Board on a voluntary approach, to create customer awareness, as monitoring and evaluation continues. Following Water Board’s review, a recommendation will be provided to the City Manager. INTERGOVERNMENTAL AGREEMENT FOR COST-SHARING CAMERON PEAK WILDFIRE RECOVERY TREATMENTS The City, City of Greeley and Larimer County propose entering into an IGA regarding cost-sharing and reimbursements for post-fire treatments approved under the federal Natural Resources Conservation Service (NRCS) Emergency Watershed Protection (EWP) assistance program. Staff will bring a resolution for approval of the IGA for consideration on April 20, 2021 with second reading of the appropriation ordinance. (Attachment 2) The purpose of the NRCS EWP Program is to fund emergency hillslope stabilization measures on private and State lands, designed for the protection of life and property, including community water supplies. Larimer County and Greeley were approved as fiscal sponsors for this program and contracted with the NRCS for the use of and reimbursement of recovery expenses up to 80% for construction and 100% for technical assistance. The 20% cost share for construction projects (treatments) will be shared between participants of this agreement. Under Greeley’s sponsor agreement, they will be responsible for addressing necessary watershed and water supply protection treatments and Larimer County will address private resident needs and critical road, bridge, and other infrastructure outside of the public right of way. The City does not anticipate cost- sharing for projects under the County’s scope of EWP work, except for where a particular project provides mutual benefit for water supplies as well as private property infrastructure. The proposed IGA identifies the City, Greeley and Larimer County as the Managing Entities and is designed to allow additional parties (Participating Entities) to join, as they can bring funding for projects relevant to their interests. This structure provides flexibility for adding partners as treatment needs are identified and enables participants to direct funding to projects that address their specific values at risk. The proposed agreement has provisions for identification and funding of projects based on share interest of parties. It specifies that Greeley will receive reimbursement of 80% of costs of work completed under the NRCS EWP contract and the remaining 20% cost-match will be divided among the Managing and Participating Entities for the specified projects. The conventional cost-sharing methodology is based on proportional use of Poudre River water supplies. In addition, the IGA identifies the agreement between the City and Greeley to share the cost for a project manager to be employed by the Coalition for the Poudre River Watershed (CPRW) for the purpose of supporting implementation of EWP projects. The need for this position will depend upon the scope of work for 2021 - 2022. Agenda Item 12 Item # 12 Page 4 CITY FINANCIAL IMPACTS In October 2020, Council approved a two percent water rate increase one year earlier than previously planned, which provides approximately $600,000 to address post fire needs. (Attachment 3) In addition, there are $1,800,000 in unused funds from the Horsetooth Outlet Project, and operating revenues in the Water Fund that exceeded projected 2020 budget. In total, there are approximately $5,000,000 of Water Fund funds available for fire recovery needs. In addition to anticipated revenue and reserves proposed for application for post-2020 fire watershed recovery needs, the incremental $600,000 of Water Utility revenues referenced above will be accompanied by contribution on behalf of the General Fund of the 6% “payment in lieu of taxes and franchise” (PILOT) collected from water customers, pursuant to Art. XII, Sec. 6 of the City Charter and City Code §§ 26-118(c) and 26-714. This amounts to $36,000, the inclusion of which makes the total amount requested for appropriation in the proposed Ordinance $5,036,000. Staff proposes that this requested appropriation for 2021 be funded with these identified resources. Use of these funds would not require an additional rate increase at this time, nor would it impact the current timeline or funding for planned capital investments. It is anticipated, however, that additional appropriations and/or rate increases may be needed in future years. BOARD / COMMISSION RECOMMENDATION Staff met with the Water Board and the Council Finance Committee throughout this process. Specific details are as follows: Utilities Water Board At its February 18, 2021 meeting, the Water Board unanimously voted to recommend that Council adopt both the appropriation for wildfire response and recovery as well as the request for the City to enter into an IGA for cost-sharing of post-wildfire watershed recovery work with the City of Greeley, Larimer County, and other local water providers. (Attachment 4) Council Finance Committee At its February 22, 2021 meeting, the Council Finance Committee unanimously voted to approve sending forward for Council consideration an appropriation request for post-fire response and recovery and the request to enter into an IGA for cost-sharing post-wildfire watershed recovery work. (Attachment 5) PUBLIC OUTREACH A City Wildfire Response and Recovery team was convened the afternoon that the Cameron Peak Fire ignited, on August 13, 2020. Since that day, the team has been coordinating and meeting with our partners at the City of Greeley, Larimer County, Northern Water Conservancy District, the Coalition for a Poudre River Watershed, the Tri-Districts, and others. City staff are also participating members of several sub-groups associated with the Larimer Recovery Collaborative, an effort led by Larimer County Office of Emergency Management. This includes a regional Public Information Office (PIO) communications subgroup that is coordinating outreach efforts. In addition, the Collaborative is looking at all aspects of recovery, such as infrastructure, communications, water, debris management, public health, economic health, and individual needs, such as spiritual care and community advocacy. A draft Communications and Engagement Plan is being developed to communicate with internal and external stakeholders, key businesses, and the community. Communications and outreach efforts will focus on watershed/wildfire recovery, water restrictions and water quality. Several communications and outreach efforts are currently being planned, including internal and external websites and dashboards, a collaborative project with Coalition for the Poudre River Watershed that includes recovery time-lapse footage, social media, education programs with a forestry class at Front Range Community College, and more. Agenda Item 12 Item # 12 Page 5 Staff will provide quarterly updates to Council on activities and expenditures related to watershed recovery, water supply and quality, water shortage response planning, and water treatment operations for the remainder of 2021. ATTACHMENTS 1. Watershed Hazards Assessment and Treatments (PDF) 2. Intergovernmental Agreement (draft) (PDF) 3. Work Session, October 13, 2020 (PDF) 4. Water Board Minutes (draft) (PDF) 5. Council Finance Committee Minutes (draft) (PDF) Prepared by; JW Associates Breckenridge, Colorado jw-associates.org Montgomery Reservoir Lake Creek above Twin Lakes Cameron Peak Fire Draft Watershed Hazards, Treatments and Targeting Prioritization North Catamount Reservoir February 2021 34 34 287 36 287 34 14 14 14 Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, EPA, NPS, USDA, Esri, NASA, NGA, USGS Legend 6th Level Watersheds Cameron Peak Watersheds Post-fire Watershed Composite Lowest Low Moderate High Highest \ 0 2 4 61 Miles ATTACHMENT 1 Table of Contents Introduction 1 ................................................................................................................................... Zones of Concern 3 .......................................................................................................................... Watershed Hazard Analysis 6 ........................................................................................................... Component 1 - Soil Burn Severity 8 ....................................................................................................... Component 2 - Hillslope Erosion Hazard 12 .......................................................................................... Component 3 - Debris Flow Hazard 15 ................................................................................................. Component 4 - Composite Road Hazard 18 .......................................................................................... Post-fire Composite Hazard Ranking 21 ................................................................................................ Post-fire Treatments 24 ..................................................................................................................... Mulch Treatments 24 .............................................................................................................................. Other Upper Watershed Treatments 26 ................................................................................................. Sediment Basins 28 ................................................................................................................................ References 30 ................................................................................................................................... Appendices A - Small Watersheds Data B - Soil Burn Severity Ranking C - Post-fire Composite Hazard Ranking D - Roads Composite Ranking E - Zone of Concern Treatment Maps Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting page i List of Tables Table 1. Cameron Peak Fire Burned Area by Ownership. 1 ................................................................... Table 2. Cameron Peak Fire Burned Area in Wilderness Areas. 3 ......................................................... Table 3. Cameron Peak Fire Zones of Concern 4 ................................................................................... Table 4. Sixth- & Seventh-Level Watersheds in the Cameron Peak Fire Hazard Analysis. 7 .................. Table 5. Highest Ranked Watersheds for Soil Burn Severity. 10 ............................................................ Table 6. Highest Ranked Watersheds for Hillslope Erosion. 13 ............................................................. Table 7. Highest Ranked Watersheds for Debris Flow Hazard. 16 ......................................................... Table 8. Highest Ranked Watersheds for Roads Composite. 19 ............................................................ Table 9. Highest Ranked Watersheds for Post-fire Hazard Composite. 22 ............................................ Table 10. Cameron Peak Fire Preliminary Mulch Areas. 25 .................................................................... Table 11. Preliminary Mulch Areas within Zones of Concern. 26 ........................................................... Table 12. Preliminary Estimates of Wattle Areas and Costs. 27 ............................................................. Table 13. Preliminary Estimates of In Channel Grade Control Structures and Costs. 27 ....................... Table 14. Preliminary Estimates of Sediment Basin Costs. 29 ................................................................ List of Figures Figure 1. Cameron Peak Fire Land Ownership. 2 .................................................................................. Figure 2. Cameron Peak Fire Zone of Concern. 5 .................................................................................. Figure 3. Cameron Peak Fire Soil Burn Severity Map. 9 ........................................................................ Figure 4. Cameron Peak Fire Soil Burn Severity Ranking Map. 11 ........................................................ Figure 5. Cameron Peak Fire Hillslope Erosion Ranking Map. 14 .......................................................... Figure 6. Cameron Peak Fire Debris Flow Ranking Map. 17 ................................................................. Figure 7. Cameron Peak Fire Roads Composite Ranking Map. 20 ........................................................ Figure 8. Cameron Peak Fire Post-fire Hazard Composite Ranking Map. 23 ........................................ page ii Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Cameron Peak Fire - Draft Post-fire Watershed Hazards, Treatments & Targeting Introduction This report presents a post-fire watershed hazard analysis completed to identify post-fire hazards to water supply, including the methods and results of an assessment of the Zones of Concern, post-fire watershed hazards, and potential treatments to minimize effects and target locations for those treatments. Water supplies for the cities of Fort Collins and Greeley, as well as a portion of the Colorado-Big Thompson Project, are at risk from post-fire sediment yield, peakflow and debris flow increases. The Cameron Peak Fire burned 208,913 acres in Larimer County in Northern Colorado between August and October 2020 (Figure 1). This fire is the largest recorded wildfire in Colorado history. Drought conditions in the summer and fall of 2020 in Colorado also led to the 2nd and 3rd largest wildfires in Colorado History. The conditions were summarized in the US Forest Service Burned Area Emergency Response (BAER) as follows. “On the Cameron Peak Fire, extreme temperatures, low humidity, rough terrain and gusty winds reaching over 70 miles per hour contributed to extreme fire behavior and rapid rates of spread. Another contributing factor to fire growth was the large amount of beetle kill trees and the drought-stricken Ponderosa Pine, Engelmann Spruce and mixed conifer stands available as fuel.” The Cameron Peak Fire burned primarily on USDA Forest Service land within the Arapaho and Roosevelt National Forests (Table 1). However, the fire also burned a large area of private land and additional federal land within Rocky Mountain National Park. Table 1. Cameron Peak Fire Burned Area by Ownership. Land Ownership Area (acres) City of Fort Collins 2,000 City of Greeley 199 Colorado Division of Wildlife 863 Colorado State Land Board 1,834 Colorado State University 594 National Park Service 7,502 Private 21,697 USDA Forest Service 174,071 page 1 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Figure 1. Cameron Peak Fire Land Ownership. NORTHMIDDLEMOUNTAINGlendevey12942ftLaramieRiverWHighway14E D IC IN E B O W M O U N T A I N S WilleyLumberCampNEVERSUMMERMOUNTAINSLuluCity11005ft10700ft8320ftGREENRIDGEManhattanRedFeatherLakes12694ftC a chelaPoudreR iv e rCachelaPoudreRiver BULWARKRIDGEMUMMYRANGEEggersGlenEchoKinikinikRusticSpencerHeightsBoxPrairieC O N T IN EFORESTCA NEstesParkP R INGG U L C H RexLivermoreO9897ft10725ft7648ftLarimerPoudreParkMasonvilleBelGlenHavenBIGTHOMPSONCANYONDrakeLittleDamCedarCove2872873434343414141414Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, EPA, NPS, USDA, Esri, NASA, NGA, USGS, FEMALegendCameron Peak Fire6th Level WatershedsLand OwnershipPrivateFederal (BOR, FWS, NPS)US Forest ServiceBLMStateLocalNGO/Land TrustWilderness Areas\02461Milespage 2 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting The fire burned portions of various special management area designations including Bliss State Wildlife Area, Bobcat Ridge Natural Area, CSU Pingree Park Campus, Sheep Creek Research Natural Area, State Forest State Park and four wilderness areas (Table 2). Table 2. Cameron Peak Fire Burned Area in Wilderness Areas. Zones of Concern Zones of Concern (ZoC) are source water areas (i.e. watershed areas) above important surface water supply features such as intakes, upstream diversion points, and drinking water supply reservoirs. High hazard small watersheds are typically steep, erosive and/or prone to debris flows. In post-fire conditions, these watersheds have a higher potential than others to deliver higher peak flows, and contribute increased amounts of sediments and debris, to important water supply features located within the within Zones of Concern. Zones of Concern were initially identified in the Cache La Poudre Wildfire/Watershed Assessment (JW Associates 2010) and then modified in the Cache La Poudre in the Upper Poudre Watershed Resilience Plan (JW Associates 2017). Post-fire sediment and runoff traveled much further than was expected following the High Park Fire (2012). Therefore, the Cache La Poudre Zone of Concern was extended upstream for this analysis. Zones of Concern were identified in the Big Thompson River in the Small Watershed Targeting & Zones of Concern Prioritization for the Colorado-Big Thompson Project (JW Associates 2020). The Zones of Concern for the Cameron Peak Fire are shown on Figure 2 and displayed in Table 3. Table 3 also displays the percentage of moderate and high soil burn severity within each Zone of Concern. A number of the Zones of Concern have relatively large percentages of moderate and high soil burn severity. A Zone of Concern with 20 percent or higher would be expected to have adverse effects from post-fire hydrologic changes. Some Zones of Concern, such as Cache La Poudre, are quite large and have higher than 20 percent. Recommended treatments for reducing post-fire effects for these Zones of Concern will be described later in this assessment. Wilderness Area Area (acres) Cache La Poudre Wilderness 22 Comanche Peak Wilderness 40,374 Neota Wilderness 24 Rawah Wilderness 5,168 page 3 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Table 3. Cameron Peak Fire Zones of Concern Zone of Concern Water Supply Agency Area (acres) Moderate & High Soil Burn Severity (acres) Moderate & High Soil Burn Severity (%) Barnes Meadow Reservoir Greeley 1,931 675 35% Cache La Poudre River Numerous 219,655 51,486 23% Chambers Lake Water Supply & Storage Company 16,632 2,850 17% Comanche Reservoir Greeley 7,565 1,756 23% Hourglass Reservoir Greeley 2,765 244 9% Joe Wright Reservoir Fort Collins 3,828 136 4% Lower Big Thompson Northern Water 35,355 636 2% North Fork Big Thompson Northern Water 43,146 3,988 9% Peterson Lake Greeley 1,683 423 25% Skyline Ditch Water Supply & Storage Company 2,360 1,036 44% Totals 334,922 63,231 page 4 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Figure 2. Cameron Peak Fire Zone of Concern. 36343434342877141414Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, EPA, NPS, USDA, Esri, NASA, NGA, USGSLegendCameron Peak FireZones of ConcernCameron Peak WatershedsLand OwnershipPrivateFederal (BOR, FWS, NPS)US Forest ServiceBLMStateLocalNGO/Land Trust\02461Milespage 5 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Watershed Hazard Analysis This analysis identifies watersheds that could pose a threat within the identified Zones of Concern, ranks the watersheds in terms of risk to the system and targets these watersheds for appropriate post-fire treatments. The analysis of watershed hazards is based on small (seventh- level or HUC 14) watersheds. Some of the HUC14 watersheds were created for the Upper Poudre Watershed Resilience Plan (JW Associates 2017) and the Small Watershed Targeting & Zones of Concern Prioritization for the Colorado-Big Thompson Project (JW Associates 2020). Additional HUC14 watersheds were delineated for this analysis. There are 26 sixth-level (HUC12) watersheds that were mostly or partly burned in the fire. Within this area there are 170 seventh-level (HUC14) watersheds were part of the hazard analysis (Table 4 and Appendix A). The total area of the seventh-level watersheds is 287,478 acres which is larger than the burned area because some watersheds were only partly burned. The small watersheds (Seventh-level or HUC14) were delineated with the goal of identifying hazards in specific small watersheds that would be targets of post-fire actions. These watersheds were analyzed and ranked based upon the following hazard components; 1.Soil Burn Severity 2.Hillslope Erosion 3.Debris Flow 4.Road Composite 5.Post-fire Composite Watershed Rank The calculation of ranking for each seventh-level watershed was completed as follows: 6.Calculate each component hazard based on the percentage of each small watershed (or other metrics). 7.Scale the results so that they fall within the five categories with a reasonable distribution. 8.Round the scaled result to the nearest whole number (retain the number for Composite Hazard Ranking). 9.Create a map of the results using the following scheme: Category 1 - Lowest Category 2 - Low Category 3 - Moderate Category 4 - High Category 5 - Highest page 6 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Table 4. Sixth- & Seventh-Level Watersheds in the Cameron Peak Fire Hazard Analysis. Sixth-Level Watershed 12 Code HUC # of Seventh- Level Watersheds Area (acres) Laramie River-Rawah Creek 101800100101 7 6,320 Headwaters North Fork Thompson River 101900060102 6 11,059 Miller Fork 101900060103 7 8,933 Outlet North Fork Thompson River 101900060104 5 5,498 Upper Buckhorn Creek 101900060301 15 26,306 Middle Buckhorn Creek 101900060302 9 18,434 Redstone Creek 101900060303 2 4,398 Lower Buckhorn Creek 101900060304 6 10,193 Cedar Creek 101900060601 6 9,411 Beaver Creek 101900070101 6 12,447 Headwaters South Fork Cache La Poudre River 101900070102 3 6,697 Pennock Creek 101900070103 2 3,410 Little Beaver Creek 101900070104 6 11,562 Pendergrass Creek-South Fork Cache La Poudre River 101900070105 5 11,754 Hague Creek 101900070201 4 8,685 Headwaters Cache La Poudre River 101900070202 1 1,378 La Poudre Pass Creek 101900070203 3 2,775 Joe Wright Creek 101900070204 11 15,941 Willow Creek-Cache La Poudre River 101900070205 10 17,995 Sheep Creek 101900070206 8 13,966 Roaring Creek 101900070207 4 6,836 Black Hollow-Cache La Poudre River 101900070208 22 37,739 Bennet Creek 101900070209 5 9,210 Sevenmile Creek-Cache La Poudre River 101900070210 5 8,695 Elkhorn Creek 101900070301 8 11,737 South Fork Lone Pine Creek 101900070601 4 6,098 Total 170 287,478 page 7 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Component 1 - Soil Burn Severity The intensity of a wildfire behavior is described such as ground fire (low intensity), crown fire (high intensity), etc. Fire intensity is related to the impacts on vegetation, primarily mortality of trees. But in terms of watersheds and downstream water sources, the primary dependence is on the effects of the fire on the soil. Therefore, soil burn severity (SBS) is a critical factor for evaluating potential increases in post-fire runoff and sediment yield. The U.S. Forest Service Geospatial and Technology and Applications Center created Burned Area Reflectance Classification (BARC) maps derived from satellite imagery. The US Forest Service BAER team then conducted field verification surveys to adjust the BARC and create the final SBS map (Figure 3). The SBS is classified into four groups; unburned, low, moderate and high. Unburned and low SBS areas have little to no impacts from the fire. Moderate SBS areas have some substantial effects on soil including the consumption of the duff and litter layers. In these areas, the amount of precipitation that can be adsorbed by the soil before runoff is reduced substantially. High SBS areas have more effects on soil including the consumption of the duff and litter layers, and the loss of most of the organic layer, including the loss of roots in the upper soil layers. High soil burn severity areas can also exhibit hydrophobic layers in specific soil types that inhibit water infiltration. The SBS watershed ranking used the following formula to calculate the metric (where WA = Watershed Area): Soil Burn Severity Metric = [WA in Moderate + 2*(WA in High)]/WA Based upon this analysis, there are 32 small watersheds that received a SBS Hazard rank of Highest (Table 5). The categorized SBS hazards by small watershed are displayed in Appendix B and on Figure 4. page 8 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Figure 3. Cameron Peak Fire Soil Burn Severity Map. 34342873628734141414Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, EPA, NPS, USDA, Esri, NASA, NGA, USGSLegend6th Level WatershedsCameron Peak WatershedsSoil Burn SeverityVery Low or UnburnedLow Soil Burn SeverityModerate Soil Burn SeverityHigh Soil Burn Severity\02461Milespage 9 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Table 5. Highest Ranked Watersheds for Soil Burn Severity. 6th Level Watershed 7th Level Watershed Bennet Creek UT to Bennett Creek Kyle Gulch Black Hollow-Cache La Poudre River Twin Lakes UT1 to Headwaters CLP Upper Black Hollow Creek Lower Black Hollow Creek Sheep Creek-Black Hollow Crown Point Gulch UT2 to Headwaters CLP Mineral Springs Gulch Hague Creek Upper Hague Creek Lower Hague Creek Joe Wright Creek Upper Chambers Lake Lower Chambers Lake Laramie River-Rawah Creek Upper Laramie River-Rawah Creek Laramie Lake Middle Laramie River-Rawah Creek UT2 to Laramie River-Rawah Creek Two and One Half Creek Little Beaver Creek Upper Little Beaver Creek Middle Little Beaver Creek UT to Little Beaver Creek UT to Upper Little Beaver Creek Jacks Gulch Lower Little Beaver Creek Miller Fork UT1 to MIller Fork UT3 to MIller Fork Pendergrass Creek-South Fork Cache La Poudre River Upper Fish Creek Roaring Creek Roaring Creek Sheep Creek UT3 to Sheep Creek Lower West Fork Sheep Creek Upper Buckhorn Creek Cascade Creek page 10 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Figure 4. Cameron Peak Fire Soil Burn Severity Ranking Map. 34342873628734141414Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, EPA, NPS, USDA, Esri, NASA, NGA, USGSLegend6th Level WatershedsCameron Peak WatershedsSoil Burn SeverityLowestLowModerateHighHighest\02461Milespage 11 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Component 2 - Hillslope Erosion Hazard High-severity fires can dramatically change runoff and erosion processes on hillslopes in watersheds, particularly if followed by high-intensity rainfall events. Sediment yields from hillslopes burned at a moderate to high severity tend to be an order of magnitude higher than those burned at low severity (Johansen et al. 2001, Gannon et al. 2017). High-severity fires increase erosion susceptibility by exposing soils as more of the forest floor is consumed, which increases both sediment and water yields (Wells et al. 1979, Robichaud and Waldrop 1994, Soto et al. 1994, Neary et al. 2005, and Moody et al. 2008). High-severity fires also can cause the development of hydrophobic layers, a formation consisting of a waxy, water repellent layer, created by fire-induced volatilization of organics. These hydrophobic layers reduce infiltration rates which exacerbates runoff (Hungerford et al. 1991). The delivery of hillslope sediments to streams has numerous ramifications for water supply infrastructure, including both the physical effects of sediment deposition in surface waters as well as chemical changes to water quality. Increased nutrients in the sediments can promote growth of algae, affecting water taste and odor. Increased concentrations of dissolved organic carbons can form potentially carcinogenic by-products during disinfection and increased metals can increase treatment costs (Writer and Murphy 2012). Colorado Forest Restoration Institute (CFRI) completed detailed hillslope erosion analysis for the Cameron Peak Fire (CFRI 2021). The results of that analysis were used for this analysis of post-fire erosion hazards. CFRI also completed an analysis that routed the predicted hillslope erosion to streams, which was also used for this analysis. The predicted hillslope erosion delivered to streams was ranked for all small watersheds. Based upon this analysis, there are 33 small watersheds that received a Hillslope Erosion Hazard rank of Highest (Table 6). The categorized Hillslope Erosion Hazard by small watershed are displayed in Appendix C and on Figure 5. page 12 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Table 6. Highest Ranked Watersheds for Hillslope Erosion. 6th Level Watershed 7th Level Watershed Beaver Creek Comanche Reservoir Bennet Creek UT to Bennett Creek Black Hollow-Cache La Poudre River UT2 to Headwaters CLP UT1 to Headwaters CLP Upper Black Hollow Creek Lower Black Hollow Creek Sheep Creek-Black Hollow Crown Point Gulch Twin Lakes UT4 to Headwaters CLP Tunnel Creek Hague Creek Upper Hague Creek Lower Hague Creek Joe Wright Creek Upper Chambers Lake Lower Chambers Lake Lower Fall Creek Laramie River-Rawah Creek Upper Laramie River-Rawah Creek Middle Laramie River-Rawah Creek Two and One Half Creek UT1 to Laramie River-Rawah Creek Little Beaver Creek Upper Little Beaver Creek UT to Upper Little Beaver Creek Middle Little Beaver Creek UT to Little Beaver Creek Miller Fork UT3 to MIller Fork UT1 to MIller Fork Pendergrass Creek-South Fork Cache La Poudre River Upper Fish Creek Roaring Creek Roaring Creek Sheep Creek Sheep Creek UT1 to Sheep Creek Upper Buckhorn Creek Cascade Creek Willow Creek-Cache La Poudre River Upper Willow Creek CLP Lower Lower Willow Creek CLP page 13 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Figure 5. Cameron Peak Fire Hillslope Erosion Ranking Map. 34342873628734141414Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, EPA, NPS, USDA, Esri, NASA, NGA, USGSLegend6th Level WatershedsCameron Peak WatershedsHillslope ErosionLowestLowModerateHighHighest\02461Milespage 14 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Component 3 - Debris Flow Hazard The US Geological Survey (USGS) has been calculating post-fire debris flow hazards and probabilities across the western United States. Their methodology, which was updated in 2016, can be found at - https://landslides.usgs.gov/hazards/postfire_debrisflow/background2016.php The USGS calculates both probability of occurrence and expected volume of debris flows, and then combines those calculations. The USGS calculated debris flow probability and volume at both a small watershed scale and a channel segment scale. Based upon this analysis, there are 33 small watersheds that received a Debris Flow Hazard rank of Highest (Table 7). The categorized Debris Flow Hazard by small watershed are displayed in Appendix C and on Figure 6. page 15 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Table 7. Highest Ranked Watersheds for Debris Flow Hazard. 6th Level Watershed 7th Level Watershed Bennet Creek UT to Bennett Creek Black Hollow-Cache La Poudre River Crown Point Gulch Dry Creek Sheep Creek-Black Hollow UT2 to Headwaters CLP Twin Lakes UT1 to Headwaters CLP Mineral Springs Gulch Peterson Creek UT4 to Headwaters CLP Tunnel Creek Elkhorn Creek Headwaters Elkhorn Creek Headwaters North Fork Thompson River UT1 to Headwaters NF Big Thompson Laramie River-Rawah Creek Upper Laramie River-Rawah Creek Middle Laramie River-Rawah Creek Little Beaver Creek UT to Little Beaver Creek Jacks Gulch Middle Little Beaver Creek Lower Buckhorn Creek Little Bear Gulch Middle Buckhorn Creek Bear Gulch Miller Fork UT1 to MIller Fork Black Creek UT3 to MIller Fork UT2 to MIller Fork Upper Miller Fork Outlet North Fork Thompson River UT4 to Outlet North Fork Big Thompson UT2 to Outlet North Fork Big Thompson Pendergrass Creek-South Fork Cache La Poudre River Upper Fish Creek Sheep Creek UT3 to Sheep Creek UT1 to Sheep Creek Upper Buckhorn Creek Cascade Creek UT2 to Upper Buckhorn Creek Upper Sheep Creek page 16 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Figure 6. Cameron Peak Fire Debris Flow Ranking Map. 34342873628734141414Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, EPA, NPS, USDA, Esri, NASA, NGA, USGSLegend6th Level WatershedsCameron Peak WatershedsDebris FlowLowestLowModerateHighHighest\02461Milespage 17 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Component 4 - Composite Road Hazard The hazard posed by roads was evaluated by looking at three types of road hazards: overall road density, the density of roads in close proximity to streams, and the density of road/stream crossings. These road features all pose risks for flooding and possible contributions to debris flows in vulnerable watersheds. Roads can convert subsurface runoff to surface runoff and then route the surface runoff in a ditch or on the road surface to stream channels, increasing peak flows (Megan and Kidd 1972, Ice 1985, and Swanson et al. 1987). Forest roads are usually the largest source of long-term sediment in forested watersheds (Elliott 2000, MacDonald and Stednick 2003). Roads can be even more hazardous in post-fire hydrologic conditions with increased peak flows and sediment yields. Road Density Watersheds with higher road densities have a higher sensitivity to increases in peak flows, and therefore flooding, following wildfires. Road density in miles of road per square mile of watershed area was used as an indicator of flooding hazard. Roads Close to Streams Roads close to streams can become major sources of sediment during flooding or higher post- fire peak flows. In order to quantify this effect, the density of roads near streams was calculated by calculating the length of roads located within a 100-meter stream buffer. Road/Stream Crossings Road/stream crossings are locations where overtopping of roads, clogging of culverts and subsequent erosion and possible blow out can occur. The number of road/stream crossings were manually acquired using the road and stream layers in combination with aerial imagery verification. The number of road/stream crossings was divided by the watershed area (acres) to determine the road/stream crossing density. Composite Roads Rank The results for all three roads rankings were combined and ranked from 1 (low potential) to 5 (high potential) to create the Composite Roads Ranking. Based upon this analysis, there are 34 small watersheds that received a Composite Roads rank of Highest (Table 8). The categorized road hazards by small watershed are presented in Appendix D and on Figure 7. page 18 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Table 8. Highest Ranked Watersheds for Roads Composite. 6th Level Watershed 7th Level Watershed Bennet Creek Kyle Gulch Upper Bennett Creek Black Hollow-Cache La Poudre River Lower Headwaters CLP-Black Hollow Cedar Creek Upper Cedar Creek Middle Cedar Creek Elkhorn Creek Upper Manhattan Creek UT4 to Elkhorn Creek UT5 to Elkhorn Creek Swamp Creek Laramie River-Rawah Creek Upper Laramie River-Rawah Creek Laramie Lake Lower Buckhorn Creek Little Bear Gulch Lower Lower Buckhorn Creek Middle Buckhorn Creek Upper Middle Buckhorn Creek Bear Gulch UT to North Fork Fish Creek Miller Fork Lower Miller Fork UT2 to MIller Fork Outlet North Fork Thompson River Dunraven Glade Middle Outlet North Fork Big Thompson Pendergrass Creek-South Fork Cache La Poudre River Upper South Fork CLP River Ratville Pennock Creek UT1 to Pennock Creek Redstone Creek Middle Redstone Creek Sevenmile Creek-Cache La Poudre River Lower Sevenmile Creek UT to Sevenmile South Fork Lone Pine Creek Bellaire Creek Upper Buckhorn Creek Upper Upper Buckhorn Creek Middle Upper Buckhorn Creek UT2 to Upper Buckhorn Creek Lower Upper Buckhorn Creek Box Prairie Creek UT1 to Upper Buckhorn Creek Eld Creek page 19 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Figure 7. Cameron Peak Fire Roads Composite Ranking Map. 34342873628734141414Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, EPA, NPS, USDA, Esri, NASA, NGA, USGSLegend6th Level WatershedsCameron Peak WatershedsRoads CompositeLowestLowModerateHighHighest\02461Milespage 20 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Post-fire Composite Hazard Ranking The Post-fire Composite Hazard Ranking combines the four components (Soil Burn Severity, Hillslope Erosion, Debris Flow Hazard and Composite Roads Hazards) by numerically combining their rankings for each small watershed and then re-categorizing the results. The Post-fire Composite Hazard Ranking will be used as the basis for targeting small watersheds for post-fire treatments. The results of this calculation were ranked from 1 (lowest Post-fire Composite Hazard) to 5 (highest Post-fire Composite Hazard) to create the Post-fire Composite Hazard Ranking. Based upon this analysis, there are 34 small watersheds that received a Post-fire Composite Hazard Rank of Highest (Table 9). The categorized ranks by watershed are displayed in Appendix C and on Figure 8. page 21 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Table 9. Highest Ranked Watersheds for Post-fire Hazard Composite. 6th Level Watershed 7th Level Watershed Bennet Creek UT to Bennett Creek Kyle Gulch Upper Bennett Creek Black Hollow-Cache La Poudre River UT2 to Headwaters CLP Upper Black Hollow Creek Crown Point Gulch Mineral Springs Gulch Sheep Creek-Black Hollow UT1 to Headwaters CLP Twin Lakes Tunnel Creek Lower Black Hollow Creek Dry Creek Joe Wright Creek Upper Chambers Lake Lower Chambers Lake Laramie River-Rawah Creek Upper Laramie River-Rawah Creek Laramie Lake Middle Laramie River-Rawah Creek UT2 to Laramie River-Rawah Creek Two and One Half Creek Lower Laramie River-Rawah Creek Little Beaver Creek UT to Little Beaver Creek Middle Little Beaver Creek Jacks Gulch Middle Buckhorn Creek Bear Gulch Miller Fork UT2 to MIller Fork UT1 to MIller Fork UT3 to MIller Fork Black Creek Pendergrass Creek-South Fork Cache La Poudre River Upper Fish Creek Sevenmile Creek-Cache La Poudre River Lower Sevenmile Creek Sheep Creek UT3 to Sheep Creek Upper Buckhorn Creek Cascade Creek UT2 to Upper Buckhorn Creek page 22 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Figure 8. Cameron Peak Fire Post-fire Hazard Composite Ranking Map. 34342873628734141414Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, EPA, NPS, USDA, Esri, NASA, NGA, USGSLegend6th Level WatershedsCameron Peak WatershedsPost-fire Watershed CompositeLowestLowModerateHighHighest\02461Milespage 23 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Post-fire Treatments Mulch Treatments Mulching is one of the most effective post-fire treatments (Robichaud et al. 2010) and has been proven to reduce rainfall splash and surface runoff, increase soil moisture and, consequently, improve revegetation. Wood mulch has been increasingly used in as a post-fire treatment in Colorado, including after the High Park Fire (2012). Unlike agricultural straw mulch, which can bring invasive weeds and during dry weather can be moved off site by wind, wood mulch can be made from trees burned in the fire, thereby minimizing the risk of introducing any noxious plants or foreign materials. It is also less prone to being blown off-site during windy periods. The wood mulch used following the High Park Fire survived the 2013 Flood, which dumped 12 inches of rain in two days on the burned area. Some recent studies by RMRS found that the wood mulch treatments used in the High Park Fire were 79% effective at reducing hillslope erosion (REF). Mulching can also reduce the rapid overland flow on moderate and high burn severity soils, thereby reducing post-fire peak flows from rainfall events. Mulch used in combination with other treatments in channels or further downstream can increase the effectiveness of the combined treatments. In general, mulch is recommended to be used when there is a large percentage of a watershed that contains moderate and/or high burn severity and there is a value at risk downstream. Initial estimates of the amount and locations for mulch treatments were completed for the Cameron Peak Fire burned area. These treatments are directed at minimizing the post-fire effects on both water supply and water quality downstream of the burned watersheds. The estimates were made using the following approach; 1.Slopes between 20-50 precent were identified in the burned area. 2.Areas that have been identified as moderate and high soil burn severity were delineated within those slopes 3.Polygons were created from contiguous areas from steps 1 & 2 above to identify the potential mulching areas. page 24 Wood Mulch Application in High Park Burned Watershed Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting 4.Polygons were accumulated within watersheds (HUC14) that were identified as highest post-fire hazard and located within Zones of Concern. 5.The treatment effectiveness of those identified mulch polygons was evaluated by comparing them to the total area burned at moderate and high burn severity. Table 10 displays the results of the mulch area analysis and how it focuses the mulch treatments to targeted ares. The Zones of Concern were all evaluated to determine if additional mulch treatments outside of the Highest Hazard watersheds would increase the effectiveness of the mulch treatments. Table 10. Cameron Peak Fire Preliminary Mulch Areas. Table 11 displays the preliminary mulch polygons for each Zone of Concern. The costs are also estimated using a preliminary estimate of $3,000 per acre for wood mulch. Since the polygons are preliminary it is expected that about 60 percent of those areas would be screened to actually be mulched. That 60 percent expectation is allied to the cost estimates. Area (acres) Moderate & High Soil Burn Severity on slopes >20%51,471 Moderate & High Soil Burn Severity on slopes 20-50%45,744 Preliminary Mulch Polygons Identified 31,164 Mulch Polygons in Highest Hazard Watersheds 21,253 Proposed Mulch Polygons in Zones of Concern 18,831 Proposed Mulch Polygons in Zones of Concern outside of Wilderness Areas 10,602 page 25 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Table 11. Preliminary Mulch Areas within Zones of Concern. Maps showing the mulch treatments by Zone of Concern are presented in Appendix E. Other Upper Watershed Treatments There are two suggested upper watershed treatments that can be used in conjunction with mulching. These are; wattles and in-channel grade control. These treatments have been used effectively following the High Park Fire of 2012 and in other wildfires throughout Colorado and the Western US. Wattles Wattles are long, round tubes of straw that are traditionally used around construction projects. They have been used successfully to reduce hillslope erosion in post-fire environments (Robichaud et al. 2010). The US Forest Service has recommended that wattles be constructed from coconut husks and aspen instead of the traditional agricultural straw to limit the introduction of invasive weeds and other non-native plants. Coconut husks and aspen are likely more dense which makes them more stable but will require more labor for installation. The quantity and locations of wattles are difficult to determine without more detailed analysis and field verification. It is expected that wattle locations will be determined during field verification for other watershed treatment projects. Preliminary estimates of the amount and cost of wattles is presented in Table 12. Zone of Concern Area (acres) Moderate & High Soil Burn Severity (acres) Preliminary Mulch (acres) Preliminary Mulch Effectiveness (%) Preliminary Mulch outside of Wilderness Areas (acres) Preliminary Mulch Effectiveness outside Wilderness Areas (%) Barnes Meadow Reservoir 1,931 675 273 40%250 37% Cache La Poudre River 219,655 51,486 13,667 27%7,770 15% Chambers Lake 16,632 2,850 1,478 52%634 22% Comanche Reservoir 7,565 1,756 546 31%2 0% Hourglass Reservoir 2,765 244 135 55%126 52% Joe Wright Reservoir 3,828 136 116 85%18 13% Lower Big Thompson 35,355 636 3 0%3 0% North Fork Big Thompson 43,146 3,988 1,587 40%1,587 40% Peterson Lake 1,683 423 157 37%157 37% Skyline Ditch 2,360 1,036 869 84%55 5% Totals 334,922 63,231 18,831 10,602 Costs (@ $3,000/acre)$33,895,800 $19,083,600 page 26 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Table 12. Preliminary Estimates of Wattle Areas and Costs. In-Channel Grade Control In-channel grade control structures are used in very small headwater channels that are in danger of downcutting. They are typically made from large rocks and/or trees that are found close to the site. They are usually installed in a series of 10 or more. Areas that are identified for the use of these structures would be burned areas where there is no riparian vegetation and the burned areas surround the channel. These channels would likely be in steep channels greater than 10 percent. Locations for in-channel grade control structures would need to be identified in the field, although some analysis tools could be used to provide initial estimates. They would be targeted within mulch polygons. Because the locations are usually on steeper ground and not necessarily close to roads, they would be installed by hand crews. The materials costs would be minimal but crews of 2-3 people would need a day to install 10. They would likely not be installed in Wilderness Areas. Table 13 provides assumptions and cost estimates for in-channel grade control. Table 13. Preliminary Estimates of In Channel Grade Control Structures and Costs. Quantity Estimated number of wattle locations 20 Average area of wattle application 1 acres Number of wattles (assuming 75 per acre)1,500 Wattle cost $100 Installation cost per wattle $50 Total estimated wattle cost $225,000 Quantity Estimated number of grade control locations 25 Field Crew days per location 3 days Field Crew cost per day $1,700 Filed Supply cost per day $300 Installation cost per location per day $2,000 Total estimated wattle cost $150,000 page 27 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Sediment Basins Recent wildfires in Colorado have resulted in significant impacts to watersheds from increased sediment yield and debris flows following post-fire rainstorms. A number of the large fires (e.g. Hayman Fire 2004, High Park Fire 2012 and Waldo Canyon Fire 2012) resulted in impacts to water quality and water supply infrastructure. Post-fire hillslope and upper watershed channel treatments and mitigation measures were in many cases inadequate to reduce the impacts to water supply infrastructure. Post-fire sediment basins of various designs have been used with some success in reducing the impacts from wildfires during runoff events following wildfires. Sediment basins near the bottom of the highest hazard watershed should be considered. These would be recommended only where there is a combination of lack of ability to complete upper watershed treatments and location of values at risk just downstream of the watershed. A number of different types of sediment basins have been used in post-fire environments in Colorado. The type of structure depends on the expected sediment volume, suitability of the site, access to the location, and downstream values or structures. Sediment basins usually require cleaning out following significant storms and removal after they are not longer needed. A total of 10 locations have been identified as potential for sediment basins. These locations would need to be evaluated further for the factors mentioned above. Table 14 provides some ranges of cost estimates based upon past experience. page 28 Sediment Basin in Soldier Canyon after High Park Fire of 2012 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Table 14. Preliminary Estimates of Sediment Basin Costs. Low Estimate High Estimate Estimated number of sediment basin locations 5 10 Design costs (10 basins)$25,000 $50,000 Installation costs $50,000 $200,000 Annual Maintenance per year $5,000 $25,000 Number of years installed 10 10 Maintenance and removal costs - lifetime $50,000 $250,000 Total estimated wattle cost $525,000 $4,550,000 page 29 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting References Colorado Forest Restoration Institute. 2021. Post-Fire Erosion Predications for Northern Colorado Wildfires. Gannon, B., Wolk, B., Wei, Y., Kampf, S., Jones, K., MacDonald, L., Addington, R., Cheng, T., and Cannon, J., 2017. Connecting forests and water: Fuel treatment assessment and planning tools. Colorado Water, 34: 9-11. Hungerford, R.D., M.G. Harrington, W.H. Frandsen, K.C. Ryan, and G.J. Niehoff. 1991. Influence of Fire on Factors that Affect Site Productivity. In: Neuenschwander, L.F., and A.E. Harvey. Comps. Management and Productivity of Western-Montane Forest Soils. General Technical Report INT-280. U.S. Dept. of Agriculture, Forest Service, Intermountain Research Station. Ogden, UT. pp 32–50. Johansen, M.P., Hakonson, T.E., and Breshears, D.D., 2001. Post-fire runoff and erosion from rainfall simulation: Contrasting forests with shrublands and grasslands. Hydrological Processes, 15: 2953-2965. JW Associates. 2010. Cache La Poudre Wildfire/Watershed Assessment. Available at www.jw- associates.org. JW Associates. 2017. Upper Poudre Watershed Resilience Plan. Prepared for the Coalition for the Poudre River Watershed. January 2017. Available at www.jw-associates.org. JW Associates. 2020. Small Watershed Targeting & Zones of Concern Prioritization for the Colorado-Big Thompson Project. Prepared for Northern Colorado Water Conservancy Distirct. October 2020. Available at www.jw-associates.org. Moody, J.A., D.A. Martin, S.L. Haire, D.A. Kinner. 2008. Linking runoff response to burn severity after a wildfire. Hydrological Processes 22: 2063-2074. Neary, D.G.; Ryan, K.C.; DeBano, L.F. (eds) 2005. (revised 2008). Wildland fire in ecosystems: effects of fire on soils and water. General Technical Report RMRS-GTR-42-vol.4. Ogden, UT: U.S. Department of Agriculture, Forest Service, Rocky Mountain Research Station. 250 p. Available at: http:// www.fs.fed.us/rm/pubs/rmrs_gtr042_4.pdf Robichaud, Peter R.; Ashmun, Louise E.; Sims, Bruce D. 2010. Post-fire treatment effectiveness for hill- slope stabilization. Gen. Tech. Rep. RMRS-GTR-240. Fort Collins, CO: U.S. Department of Agriculture, Forest Service, Rocky Mountain Research Station. 62 p. Robichaud, P.R., and T.A. Waldrop. 1994. A Comparison of surface runoff and sediment yields from low- and high-intensity prescribed burns. Water Resources Bulletin 30(1):27-34. Soto, B., R. Basanta, E. Benito, R. Perez, and F. Diaz-Fierros. 1994. Runoff and erosion from burnt soils in Northwest Spain. In: Sala, M., and J.L. Rubio (eds). Soil Erosion and Degradation as a Consequence of Forest Fires: Proceedings. Barcelona, Spain: 91–98. page 30 Cameron Peak Fire - Draft Watershed Hazards, Treatments and Targeting Wells, C.G., R.E. Campbell, L.F. DeBano, C.E. Lewis, R.L. Fredriksen, E.C. Franklin, R.C. Froelich, and P.H. Dunn. 1979. Effects of Fire on Soil, a State-of-Knowledge Review. General Technical Report WO-7. U.S. Department of Agriculture, Forest Service. Washington, DC. p 34. Writer, J.H. and Murphy, S.F., 2012. Wildfire effects on source-water quality: Lessons from Fourmile Canyon fire, Colorado, and implications for drinking-water treatment. U.S. Geological Survey Fact Sheet 2012–3095, Boulder, CO, 4 pp. page 31 Page 1 of 16 INTERGOVERNMENTAL AGREEMENT REGARDING REHABILITATION WORK FOR THE CAMERON PEAK FIRE THIS AGREEMENT dated ____________________, 2021, is entered into by and between the following Parties: the City of Fort Collins, Colorado, a Colorado municipal corporation (“Fort Collins”); the City of Greeley, a Colorado municipal corporation (“Greeley”); and Larimer County, Colorado (together, “Managing Entities”). RECITALS A. The 2020 Cameron Peak Fire (“Fire”) has burned over 200,000 acres in the watersheds of the Cache la Poudre (“Poudre”) River and Big Thompson River. B. The Fire has also burned large areas in and impacting private properties, and public infrastructure serving such properties, including roadways, bridges, culverts, and other public service facilities outside of the public right of ways. C. Greeley and the Water Supply and Storage Company immediately undertook measures to mitigate hazards and damages to drinking water supplies at the Chambers Reservoir. D. The Managing Entities each divert and treat, and/or take deliveries of water from the Poudre River watershed and the Colorado Big Thompson (“CBT”) Project, and/or maintain public infrastructure supporting private properties located in the basins affected by the Fire. E. Through the Emergency Watershed Protection Program, administered by the Natural Resources Conservation Service ("NRCS"), United States Department of Agriculture, Greeley and Larimer County separately received funding for post-fire mitigation and infrastructure protection efforts related to the Fire (“EWP funds”). F. In addition to EWP funds, various funds, grants, programs, and other monetary and other resources may be or become available to assist the Managing Entities to address and mitigate damages from the Fire in the Poudre River and CBT Project watersheds (“non-EWP funds”). G. Use of EWP funds may be restricted to pre-approved scopes of services and a local government “cost-share”, with EWP funds applied to a percentage of the project’s costs, and the entity(s) awarded the funds being responsible for the remaining percentage. Terms and scopes of services applicable to use of non-EWP funds will be set forth in a separate agreement(s). H. The Managing Entities desire to coordinate efforts to acquire the most funding possible and to efficiently and effectivity utilize EWP funds to address and mitigate damages from the Fire in the Poudre River and CBT Project watersheds. I. Greeley and Larimer County agree to be the main contacts and contracting parties for EWP funds. ATTACHMENT 2 Page 2 of 16 J. All Parties agree to independently engage other federal and state agencies as practical, for the purposes of seeking and acquiring non-EWP funds, as defined below. As set forth herein, Greeley and Larimer County will coordinate with Fort Collins and other contributing parties to this Agreement to acquire and seek reimbursements under grant and program funding requirements. K. Fort Collins and other water users that become contributing parties to this Agreement will also contribute matching funds to the cost-share portion of certain projects, as may be required by the terms associated with EWP funds applied under this Agreement. L. The Managing Entities desire to work with the Coalition for the Poudre River Watershed (“CPRW”), a Colorado nonprofit corporation, to manage certain projects undertaken under this Agreement, as set forth in Paragraph 7. M. The Managing Entities also desire to include other impacted water users in these efforts, including water providers and local governmental entities that may desire to become Parties in the future. The pressing need for this Agreement, and the shifting nature of Fire impacts have made it difficult for these other water users and entities to complete their internal evaluations and processes regarding whether to become a Party. Consequently, this Agreement includes a process to add “Contributing Parties” to this Agreement. N. The Managing Entities desire to enter into an intergovernmental agreement to coordinate emergency stabilization and restoration services, e.g., hillslope mulching, debris catchment systems, vegetation matting, seeding, rock netting, on the targeted public and private lands burned by the Fire. O. The Managing Entities wish to record their mutual understanding in intergovernmental agreements. P. The Managing Entities enter this into agreement pursuant as permitted §29-1-203, C.R.S. Q. Pursuant to Art. II, § 16 of the Fort Collins City Charter, the Fort Collins City Council, may, by ordinance or resolution, enter into contracts with other governmental bodies to furnish governmental services and make charges for such services or enter into cooperative or joint activities with other governmental bodies. R. Pursuant to Section 02.07.040, Greeley Municipal Code, Greeley may enter into contracts with other governmental bodies to furnish governmental services and make charges for such services or enter into cooperative or joint activities with other governmental bodies, the entry into such contracts being subject to the approval of the Greeley City Council under certain circumstances. S. The authority for this Agreement is, without limitation, Section 18 of Article XIV of the Colorado Constitution; Section 6 of Article XX of the Colorado Constitution; Section 29-1-203, Page 3 of 16 C.R.S., and provisions of the Colorado Disaster Emergency Act, Section 24-33.5-701, et seq., C.R.S., as amended. T. It is in the best interest of the citizens of Fort Collins, Greeley, and Larimer County for the parties to enter into this intergovernmental agreement. NOW, THEREFORE, in consideration of the premises and the covenants and agreements hereinafter set forth, it is agreed by and between Fort Collins, Greeley, and Larimer County as follows: AGREEMENT 1. AUTHORITY. This Agreement has been duly adopted by the Parties' governing bodies and the undersigned representatives are authorized to execute this Agreement on behalf of each respective Party. 2. INCORPORATION OF RECITALS. The foregoing recitals are hereby incorporated as if fully restated in their entirety. 3. PARTIES TO THIS AGREEMENT. 3.1. Principals. For purposes of completing the work described in this Agreement, portions will be delivered within the scopes of the respective funding award contracts secured by Greeley and Larimer County, and each funding recipient will take the lead in preparing and submitting reimbursements for costs associated with such work, as follows: 1. Category 1 – watershed work. Greeley will take the lead for purposes of initiating access to EWP funds and establishing the initial scope of qualifying watershed work, including hillslope and stream channel stabilization, erosion control, water supply infrastructure protection, and water quality work. 2. Category 2 – property and infrastructure work. Larimer County will take the lead for purposes of initiating access to EWP funds and establishing the initial scope of qualifying services for addressing impacts to private residences, roads, bridges, culverts and other public facilities outside of the public right of ways. 3. The Managing Entities will share responsibilities for mutually beneficial portions of qualifying Category 1 and 2 services and coordinating with third party project management services for Category 1 work. 3.2. Addition of Parties. Any other water user or local agency in the Poudre River watershed or that takes delivery of CBT Project water may become a “Contributing Party” to this Agreement by completing the Schedule of Participants addendum to this Agreement in the form of Exhibit B to be signed by all Parties. 3.3. Withdrawal of Parties. Any Party may withdraw itself from this Agreement by providing written notice pursuant to Paragraph 12. The withdrawing Party shall continue to be responsible for any commitments or contributions made prior to withdrawal. Page 4 of 16 4. FUNDING. 4.1. EWP Technical Assistance Funds. The Managing Entities will initially pay for Technical Assistance costs associated with NCRS-approved Work completed under this Agreement, which initial costs will be $75,000 and $150,000 for Greeley and Larimer County, respectively ("TA Funds"). Costs associated with Work performed pursuant to approved TA Fund scopes are 100% reimbursable. Parties may pursue additional TA funds for work later approved by NRCS during the term of each respective funding contract. 4.2. EWP Construction Funds. In 2020, NRCS awarded up to $500,000 and $1,920,000 in Financial Assistance funds ("FA Funds") to Greeley and Larimer County, respectively, for aerial mulching and enhanced mitigation efforts. Parties may pursue additional FA funds for work approved by NRCS during the term of each respective funding contract. Under the terms and conditions of the FA Fund contracts, award recipients are required to expend 20% of matching funds. Based on the foregoing, the total amount of funds available, including local match for Work (defined below) to be performed is approximately $510,000 for Category 1 services and $2,304,000 for Category 2 services. Costs for work performed pursuant to FA Fund contracts are up to 80% reimbursable. 4.3. Other funding. The Parties may pursue non-EWP funds and resources to complete projects associated with the Work. The Parties will work in good faith to equitably share costs for such work, based on a “percent of Poudre River water use” cost-share model, or as may be identified in separate agreements for such projects. 4.4. Local Matching Funds. Under the terms and conditions of their respective notices of award for the FA Funds (a/k/a EWP funds), the Parties are required to expend a certain amount of matching funds. Thus, based on the foregoing, the estimated amount of initial funds available for the most exigent and first phase of the Work (as defined below) to be performed in Category 1 and Category 2 services is $... and $..., respectively. The Parties anticipate total funding for the Work during the Term of this Agreement will increase from these initial funds as additional EWP funds become available, Contributing Parties join in this Agreement, and specific project work orders are developed. 5. APPORTIONMENT OF COSTS AND DUTIES. 5.1. Project Cost Allocation. 1. Project costs will be allocated as follows for individual projects the Parties agree to pursue under this Agreement: Page 5 of 16 • EWP funds will be used first to the maximum extent possible towards project costs, including submittal of reimbursement applications against the initial NRCS award amounts described in Paragraph 4; • Any remaining costs will be allocated among the Managing Entities that would benefit directly and indirectly from the project, according to criteria mutually agreed to by the participating parties at the time of project commencement (“Benefit Cost Allocation Methodology”). 2. For projects Greeley agrees to pursue directly with Contributing Parties who are also water service users, project costs will be allocated based on the participating parties’ respective average annual percent municipal diversions from the Cache La Poudre river for the years 2015 to 2019 (“Water User Cost Allocation Methodology”). 5.2. Category 1 Project Management. 1. Greeley may advertise and request bid proposals ("Proposal") for post-fire aerial mulching services and other post-fire mitigation services for Category 1 Work, and Greeley and Fort Collins will select a general contractor based on the criteria set forth in the Proposal. 2. Upon selection of a general contractor to perform the designated Category 1 Work, Greeley shall execute a contract with the selected general contractor ("Cat 1 Contract") and will be identified as the owner therein for such projects, which may include work designed by or with a shared benefit for Fort Collins and/or Larimer County. 3. As specified in the terms of the Cat 1 Contract, the selected general contractor will first invoice Greeley directly, up to and not to exceed any amount to which Greeley has agreed pursuant to an executed NRCS notice of award, for the designated Category 1 Work. After receiving EWP reimbursements, Greeley will divide non-reimbursable Category 1 Work project costs among the project partners, including Fort Collins and benefited Contributing Parties, pursuant to either the Benefit or Water User Cost Allocation Methodology as appropriate. 5.3. Category 2 Project Management. 1. Larimer County may advertise and request bid proposals ("Proposal") for post- fire aerial mulching services and other post-fire mitigation services for Category 2 Work and will select a general contractor based on the criteria set forth in the Proposal. 2. Upon the selection of a general contractor to perform the designated Category 2 Work, Larimer County shall execute a contract with the selected general contractor ("Cat 2 Contract") and will be identified as owner therein Page 6 of 16 for such projects, which may include work designed by or with a shared benefit for county partners. 6. PROJECTS. The projects (“Work”) performed under this Agreement and subject to the EWP fund reimbursement conditions shall fall within the objectives outlined in the scope of services and contract between the local government entity and NRCS, as described in Exhibit A, attached hereto, and incorporated by this reference. Reimbursement obligations for such Work shall be subject to cost distributions and conditions set forth in the respective funding contract. Any (additional) Work requested by a Party that NRCS may subsequently approve for reimbursement with EWP funds will be set forth in an amendment to Exhibit A. 7. PROJECT PLANNING. 7.1. Decision Making. In making decisions on which projects fall under Category 1 or Category 2 to pursue and the allocation of project costs, the Parties shall operate by consensus. To this end, the Parties shall make a good faith effort to reach consensus, propose alternative solutions, and otherwise work to resolve any issues that prevent consensus. Any decisions involving the use of a particular Parties’ lands or structures may only be made with the consent of that Party in its sole discretion. 7.2. Project Identification and Prioritization. The Parties will identify potential projects on which to use the EWP funds. The Parties’ identification of potential projects and the order in which they are taken on and completed will be guided by the following considerations: • The need and expected benefit of the project; • The entities that would benefit directly and indirectly from the project; • The cost of the project, including whether EWP funds can be applied towards the project’s costs; • Accessibility of the project location; and • Administrative, legal, and/or regulatory steps associated with the project, including receiving approval for the project to be eligible for funds, such as necessary permits; and 7.3. Project Selection. For projects the Parties agree to pursue under this Agreement, Greeley and Larimer County will provide a written summary, including: a description of the project work; a timeline; and the project cost allocation (“Project Summary”), which may be initially prepared by a third-party contractor. A scope of work provided by the contractor hired to undertake such project may be used as the Project Summary, if it contains the information described in this paragraph. • Category 1 Projects: Greeley will circulate a draft Project Summary to the Contributing Parties for review and comment. Greeley and the Contributing Parties must mutually approve the Project Summary in writing prior to project commencement. After the Project Summary is approved, Work may commence, and as projects under this Agreement are completed, Greeley will invoice the Contributing Parties for project costs not reimbursed by EWP funds, according to Page 7 of 16 the Project Summary. Greeley will prepare an annual work summary for projects completed under this Agreement and submit the summary to the Parties by […]. The annual summary will exclude any projects that Greeley or Larimer County take on independently or without involvement of other Parties. • Category 2 Projects: Larimer County will circulate a draft Project Summary to the Contributing Parties for review and comment. Larimer County and the Contributing Parties must mutually approve the Project Summary in writing prior to project commencement. After the Project Summary is approved, Work may commence, and as projects under this Agreement are completed, Larimer County will invoice the Contributing Parties for project costs not reimbursed by EWP funds, according to the Project Summary. Larimer County will prepare an annual work summary for projects completed under this Agreement and submit the summary to the Parties by […]. The annual summary will exclude any projects that Greeley or Larimer County take on independently or without involvement of other Parties. 8. CPRW PROJECT MANAGEMENT. 8.1. Engagement. Greeley and Fort Collins will secure project management (PM) services through the Coalition for the Poudre River Watershed (“CPRW”) to coordinate post-fire project implementation and ensure the Work is completed. For at least 2 years under the Term of this Agreement, Greeley and Fort Collins will maintain and oversee CPRW’s delivery of PM services through resources employed directly by CPRW. The initial focus of the PM service will be EWP fund Category 1 projects, with accommodation for other priorities identified in this Agreement as resources and funding conditions may permit. 8.2. The terms of CPRW’s engagement will be documented in a separate agreement, to which Fort Collins will be a third party and agrees to reimburse Greeley for a portion of the PM costs not recovered through EWP funds. 9. OTHER FIRE-RELATED EFFORTS. Nothing in this Agreement shall impact the ability of any Party to perform other activities to address and mitigate damages from the Fire in the Poudre River and CBT Project watersheds, including efforts with affiliated local agencies affected by the Fire that may seek to coordinate with Work performed under this Agreement, e.g., City of Fort Collins Natural Areas. 10. FISCAL CONTINGENCY. Notwithstanding any other provisions of this Agreement to the contrary, the obligations of the governmental Parties in fiscal years after the fiscal year of this Agreement shall be subject to appropriation of funds sufficient and intended therefor, with each governmental Party having the sole discretion to determine whether the subject funds are sufficient and intended for use under this Agreement, and the failure of any governmental Party to appropriate such funds shall be grounds for the Party to withdraw from this Agreement with written notice pursuant to Paragraph 12. Page 8 of 16 11. NO THIRD-PARTY BENEFICIARIES. This Agreement is entered into among the Parties for the purposes set forth herein. It is the intent of the Parties that they are the only beneficiaries of this Agreement and the Parties are only benefitted to the extent provided under the express terms and conditions of this Agreement. 12. NOTICES. All notices or other communications hereunder shall be sufficiently given and shall be deemed given when personally delivered, or after the lapse of five business days following mailing by certified mail-return receipt requested, postage prepaid, addressed as follows: To Fort Collins: City Manager City Hall West 300 LaPorte Avenue; P.O. Box 580 Fort Collins, Colorado 80522-0580 With copy to: Fort Collins City Attorney 300 LaPorte Avenue; P.O. Box 580 Fort Collins, Colorado 80522-0580 epotyondy@fcgov.com and: Fort Collins Utilities Attn: Water Resources Manager 700 Wood Street Fort Collins, Colorado 80521 ddustin@fcgov.com To Greeley: Greeley Water and Sewer Department Attn: Director of Water and Sewer 1001 11th Avenue, Second Floor Greeley, Colorado 80631 sean.chambers@greeleygov.com; jennifer.petrzelka@greeleygov.com With a copy to: Greeley City Attorney’s Office Attn: Environmental and Water Resources 1100 10th Street, Suite 401 Greeley, Colorado 80631 daniel.biwer@greeleygov.com To Larimer County: County Manager 200 W. Oak Street Fort Collins, CO 80522 With copy to: Office of Emergency Management Attn: Director OEM 200 W. Oak Street Page 9 of 16 Fort Collins, Colorado 80522 13. NO WAIVER OF IMMUNITY. NO WAIVER OF IMMUNITY. Nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act (“CGIA”), C.R.S. §24-10-101, et seq., or the Federal Tort Claims Act (“FTCA”) 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Agreement. Liability for claims for injuries to persons or property arising from the negligence of the Parties, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the CGIA or the FTCA as applicable, as now or hereafter amended. 14. MUTUAL RELEASE AND INSURANCE-GENERAL. The Parties shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property and, to the extent permitted by law, hereby release and agree to hold harmless each Managing Entity, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission of a Party, or its employees, agents, or assignees pursuant to the terms of this Agreement. If a Party is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the “CGIA”), such Party shall maintain at all times during the term of this Agreement such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the CGIA, and shall show proof of such insurance satisfactory to other Parties, if requested. Each Party shall also require any subcontractor that is a public entity, to include the insurance requirements necessary to meet such subcontractor’s liabilities under the CGIA. The provisions hereof shall not be construed or interpreted as a Party's waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the CGIA or the Federal Tort Claims Act as applicable, as now or hereafter amended. 15. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, except for conflicts of laws provisions. The forum for any dispute regarding this Agreement shall be in the Weld County District Court, State of Colorado. 16. CONSTRUCTION. This Agreement shall be construed according to its fair meaning as it was prepared by the Parties. Headings in this Agreement are for convenience and reference only and shall in no way define, limit, or prescribe the scope or intent of any provision of this Agreement. 17. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the Parties regarding the matters addressed herein. This Agreement binds and benefits the Parties and their respective successors. Covenants or representations not contained in this Agreement regarding the matters addressed herein shall not bind the Parties. 18. AMENDMENTS. Any amendments or modifications to this Agreement must be in writing and executed by all parties to be valid and binding. Page 10 of 16 19. REPRESENTATIONS. Each Party represents to the other Parties that it has the power and authority to enter into this Agreement and the individuals signing below on behalf of that Party have the authority to execute this Agreement on its behalf and legally bind that Party. 20. ASSIGNMENT. No Party may assign any rights or delegate any duties under this Agreement without the written consent of all other Parties. 21. SEVERABILITY. If any provision of this Agreement shall be found illegal, invalid, unenforceable, or impossible to perform by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY] Page 11 of 16 CITY OF FORT COLLINS, COLORADO, a Colorado municipal corporation By: __________________________________ Date: Darin Atteberry, City Manager ATTEST: _______________________________ City Clerk’s Office Printed Name: ___________________ Title: __________________________ APPROVED AS TO FORM: ________________________________ Printed Name: ___________________ Assistant City Attorney Page 12 of 16 CITY OF GREELEY, COLORADO, a home rule municipal corporation By: __________________________________ Date: Roy Otto, City Manager AS TO LEGAL FORM: By: ________________________________________ City Attorney AS TO AVAILABILITY OF FUNDS: By: ________________________________________ Director of Finance Page 13 of 16 LARIMER COUNTY, COLORADO, a county subdivision of the State of Colorado By: __________________________________ Date: Chairman of Board of County Commissioner AS TO LEGAL FORM: By: ________________________________________ County Attorney AS TO AVAILABILITY OF FUNDS: By: ________________________________________ Director of Finance Exhibit A Scope of Coordinated Services [describe core services to be delivered by Greeley and subject to reimbursement by Fort Collins, including reference to project-specific work orders/requests and “Contributing Party” specific projects …] Greeley intends to use EWP funds are for the implementation of recovery measures, which left undone, pose a threat to life and or property. These recovery projects include erosion and sedimentation prevention, debris removal, and structure protection from the threat of future flooding due to the Cameron Peak Fire. Project Types: I. Direct Remediation a. Category 1 services. […] Mulching of hillslopes Hillslope stabilizations such as waddles, tree welling, etc. Sedimentation basins b. Category 2 services. […] Repair or upgrades to culverts, bridges, and roads Debris removal Flooding prevention structures II. Project Management […] Greeley and Fort Collins will jointly select and coordinate through Greeley a third- party project manager (“PM Work”) to oversee organization of Projects under this Agreement and related work, including Category 2 services for which Larimer County may request of the other Managing Entities. The Managing Entities will equitably apportion the cost of PM Work, based on the respective benefits realized by the Parties, to be paid from individual resources without seeking NRCS reimbursement. Exhibit B Participating Parties The following local governmental entities are the principal parties to this Agreement, “Managing Entities”: - CITY OF FORT COLLINS, COLORADO a home-rule municipality (“Fort Collins”) with principal offices at 300 LaPorte Avenue, Fort Collins, Colorado 80521 - CITY OF GREELEY, COLORADO, a home-rule municipality (“Greeley”) with principal offices of its Water and Sewer Department at 1001 11th Avenue, Second Floor, Greeley, Colorado 80631 - LARIMER COUNTY, COLORADO, a county subdivision of the State of Colorado (“Larimer County”) with principal offices at […], Fort Collins, Colorado […] The following entities are Contributing Parties to this Agreement, whose obligations and contributions to the Work described in this Agreement may be different than those of the Managing Entities, as set forth in addenda to this Exhibit B: - ____________________________________________, with principal offices at […] (Organization Name) - ____________________________________________, with principal offices at […] (Organization Name) (Form of Addendum to Add a Party) CONTRIBUTING PARTY ADDENDUM TO AGREEMENT REGARDING REHABILITATION WORK FOR THE CAMERON PEAK FIRE This Addendum, dated ____________________, 2020, is entered into by and between the Parties to the Agreement Regarding Rehabilitation Work for the Cameron Peak Fire (“Agreement”) and , a (“New Party”). 1. The New Party has reviewed the Agreement as desires to become a “Contributing Party” thereto. The Parties to the Agreement agree to permit the New Party to become a Contributing Party to the Agreement for purposes of the following □ Category 1; □ Category 2 services: […] 2. The New/Contributing Party represents to the other Parties that it has the power and authority to enter into this Agreement and the individuals signing below on behalf of the New/Contributing Party have the authority to execute this Agreement on its behalf and legally bind the New/Contributing Party. 3. For purposes of Paragraph 11 of the Agreement, the contact information of the New/Contributing Party is: To : , a By: __________________________________ Date: [Insert signature pages of other Parties] DATE: STAFF: October 13, 2020 Mark Kempton, Water Production Manager WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Cameron Peak Fire: Water and Air Quality Impacts. EXECUTIVE SUMMARY The purpose of this item is to inform Council of the status of the Cameron Peak Fire, the Fire’s potential effects on the City’s drinking water supply, air quality impacts, planned watershed restoration activities, and future land restoration and water treatment funding needs. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. A 2% water rate increase is planned for 2022. Anticipating watershed restoration costs related to the Cameron Peak Fire, what feedback does Council have regarding moving the water rate increase up a year earlier to 2021? 2. The City of Greeley has volunteered to be the Project Sponsor for the Federal Emergency Watershed Program (EWP) which entails 100% up-front costs and a 25% cost match after reimbursement. What direction does Council have regarding the City partnering with Greeley and sharing the 25% cost match? BACKGROUND / DISCUSSION The Cameron Peak Fire (CPF) ignited on August 13th, 2020 in the Arapaho and Roosevelt Nation al Forests near Cameron Pass and Chambers Lake. The CPF is currently 125,000 acres with 22% containment at the time of this report (9/30/2020). As this fire and other regional fires continue to burn, the smoke has impacted local air quality. At this time, there are no known impacts to water supply infrastructure owned by the City of Fort Collins. The fire is burning primarily in the Cache la Poudre River watershed which provides approximately 50% of the annual drinking water supply for the City of Fort Co llins. Similar to the High Park Fire (HPF) in 2012, the aftereffects of the fire will likely affect the quality of the City’s raw water supply for some years to come. The aftereffects of widespread forest fires typically include increased and more frequent rain and snowmelt runoff, increased ash and sediment in the river, increased likelihood of mud flows, and an overall degradation of water quality, particularly after thunderstorms. In 2012, the City’s water supply experienced several of the effects of th e High Park Fire causing the Water Treatment Facility to go off the Poudre River for over 100 consecutive days and relying on 100% Horsetooth Reservoir water. We are fortunate that we have two independent water supplies. This is a result of excellent planning and foresight by previous Councils and staff. As the full impacts of the fire become more apparent, it is likely that the Poudre River will start to experience impaired water quality, particularly during Spring snowmelt and Summer thunderstorms in th e watershed. During these impaired water quality runoff events, the City’s Water Treatment Facility is able to continue to treat water. In cases where the water becomes too impaired to treat, staff can implement several options to prevent impaired water entering the City’s drinking water supply. These include Poudre River monitoring & shutting off the Poudre intake during rain storms, switch to 100% Horsetooth water (City has adequate water supplies in HT), utilize both sedimentation basins (Pleasant Valley Pipeline basin was constructed after High Park Fire), increase chemical ATTACHMENT 3 October 13, 2020 Page 2 treatment processes, increased communication with customers, while maintaining all drinking water quality standards. While the Cameron Peak Fire (125,000 acres) has exceeded the acre age of the High Park Fire (87,000 acres), the water quality effects of both fires will likely be similar. The High Park Fire area produced several high turbidity, ash, and sediment laden river flows in 2012 and in 2013. However, the 2013 Flood had an advan tage in that it washed most of the sediment and ash out of the river system, resulting in improved water quality runoff from the HPF burned areas. It is unlikely that the CPF burned area will experience a flood of that magnitude again soon, so the effects of the CPF will probably be felt for a much longer time than those of the HPF. Staff has implemented several enhanced and new water quality monitoring measures to address impacts of the fire on water supplies. Two early warning water quality alert station s have been installed on the Poudre River upstream of the Water Treatment Facility’s Poudre River Intake. These systems provide treatment operators advance notice of when to temporarily bypass impacted river water. In addition, existing long -term monitoring programs have been adapted to capture impacts of the fire and storm sampling will assist in tracking watershed recovery and answering key questions about treating fire-impacted water. POST-FIRE WATERSHED RECOVERY The City plans to engage in post-fire recovery activities that focus primarily on protections for water supplies in the Poudre River Watershed including supply reservoirs and the Poudre River itself. Although treatment plans have not yet been developed, the type of work will likely focus on em ergency hillslope stabilization (e.g. aerial mulching and seeding), sediment catchment basins around reservoirs, and stream channel stabilization where persistent erosion occurs. All work associated with repairing damage to private assets like homes, build ings, roads, and other structures is being managed by Larimer County. For the Cameron Peak Fire, three general pathways exist for implementing the full scope of post -fire treatments and are detailed in the table below. The City is most likely to engage a nd assist in funding work through the Emergency Watershed Protection (EWP) program and through supplemental treatments through the Local Recovery Group. Program Name Scope of Work Responsible Party Timeframe Burned Area Emergency Response (BAER) Summarize impacts within burn area; identify USFS values at risk; implements post- fire treatments on US Forest Service (USFS) Lands. US Forest Service As soon as possible following fire containment. Natural Resources Conservation Service (NRCS) – Emergency Watershed Protection (EWP) Grant Program Identifies affected values on private and State Lands; recommends emergency hillslope stabilization measures. EWP Sponsor (City of Greeley) implements treatments. NRCS & EWP Sponsor; Cities of Fort Collins and Greeley, and other potential partners to cost-share the 25% match requirements for all treatments. Potential near-term actions to protect water supply reservoirs (Nov). Majority of hillslope treatments will occur late Spring 2021, following snowmelt. Local Recovery Group - Supplemental Treatments (beyond BAER & EWP) Address restoration needs not met by EWP or BAER by directing additional funding to targeted projects. Local Recovery Group members: work led by Coalition for the Poudre River Watershed, along with local agencies, water providers, businesses and non- profits. Mid- to long-term; 2021 and beyond. October 13, 2020 Page 3 The Coalition for the Poudre River Watershed (CPRW) on behalf of the Local Recovery Group is curren tly coordinating post-fire debris flow modeling to identify priority areas for treatments. This shared approach to priority setting will assist in coordinated application of treatments and will help to leverage financial contribution of all involved parties. Modeling work will be performed by the Colorado Forest Restoration Institute at Colorado State University. FINANCIAL CONSIDERATIONS Many uncertainties remain related to the extent and timing of the start of post -fire recovery work. The uncertainties include the fact that the fire continues to actively burn making the full extent of damage unknown, the ultimate number of cost-sharing partners, and that discussions with USFS and NRCS are ongoing about the possible eligible uses for EWP funds. The current estimate for the City’s cost-share is between $1.0- $4.3 million dollars. In cooperation with members of the Local Recovery Group, City staff are currently drafting contracts and Intergovernmental Agreements that could support the City’s engagement in post-fire recovery activities. It is anticipated that there will be some costs associated with this fire that will be the obligation of the Water Enterprise Fund. The table below summarizes the 10-year rate and debt issuance forecast that was presented to the Council Finance Committee in January 2020. It reflects the anticipated capital investment needs and ongoing operations and maintenance (O&M) expenses associated with the water utility for the next decade without the fire. Additional capital investments and O&M expenses resulting from the fire will require either realizing additional revenues through a rate increase, drawing down reserves ahead of the next debt issuance or delaying other capital investments. If the proposed 2.0% rate increase for 2022 were to be implemented in 2021 this would increase revenues in 2021 by roughly $600,000. This will be discussed further with the Council Finance Committee on October 19th . HORSETOOTH OUTLET PROJECT AND WATER RESTRICTIONS Water restrictions began on October 1st, per the City Managers Declaration and Order of Water Restrictions for Fort Collins Utilities. Fort Collins Utilities (Utilities) has been coordinating with the other water providers, who are also impacted by the Horsetooth Outlet Project (HOP), potential impacts from the Cameron Peak Fire, and severe drought. As of September 30, East Larimer County and West Fort Collins Water District have instated similar outdoor water restrictions. North Weld County Water District will be proposing water r estrictions to their Board in October and Fort Collins-Loveland Water District’s Board has decided to take a voluntary approach and is asking customers to stop uses, similar to the other districts’ water restrictions. Utilities staff have been focused on preparing for Oct. 1 by conducting the following efforts and will continue throughout the declared water restrictions: • Communicating with diverse and numerous engagement and outreach efforts, including but not limited to, a press release, print, web, and radio advertisements, numerous presentations to various community groups, direct mailing postcards to all Utilities customers, bill inserts July through November and customer notifications via email. • Reviewing 88 raw water registration and exception permits for new lawn installations and active/athletic playing fields to-date. • Responding to 333 emails and voice mails regarding HOP and water restrictions since July 2020. October 13, 2020 Page 4 • Developing a HOP water demands tracker that will be updated Monday, Wednesday, and Friday each week and available to the public at fcgov.com/HOP to monitor progress towards the goal of 15 million gallons per day (capacity of the backup pump system). • Working closely with coordinating City Departments, such as Code Compliance and Environmental Services; and others. • Assisting impacted City Departments, such as Parks, Streets, Connexion and others, with permits, raw water registration and other water restriction guidance. More information regarding HOP and water restrictions can be found here: fcgov.com/HOP and fcgov.com/water- restrictions. Customer and community inquires can be directed to HOP@fcgov.com and 970-416-8040. ATTACHMENTS 1. 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0 2 /1 8 /20 2 1 – DRAFT MINUTES Page 1 1. CALL TO ORDER 5:30 p.m. 2. ROLL CALL • Board Members Present: Kent Bruxvoort (Chairperson), Greg Steed (Vice Chairperson), Michael C. Brown, Jr., Cibi Vishnu Chinnasamy, Tyler Eldridge, Paul Herman, Randy Kenyon, Phyllis Ortman, John Primsky, Jason Tarry • Staff Members Present: Theresa Connor, Matt Fater, Katherine Martinez, John Song, Meagan Smith, Donnie Dustin, Jill Oropeza, Tim McCollough, Ryan Mounce, Mariel Miller, Liesel Hans, Matt Zoccali, Randy Kenyon • Members of the Public: Rob Graves, Rich S. 3. AGENDA REVIEW None 4. COMMUNITY PARTICIPATION None 5. APPROVAL OF MINUTES Chairperson Bruxvoort asked for comments on the January minutes. Board Member Brown moved to approve the January 21, 2021 minutes with minor revisions noted. Board Member Herman seconded the motion. Vote on the motion: it passed unanimously, 9-0, with one abstention by Board Member Chinnasamy due to his absence at the January meeting. 6. NEW BUSINESS a. Staff Reports (Attachments available upon request) i. Preliminary 2020 Year-End Financial Report (meeting packet only; no presentation) No discussion ii. Water Resources Monthly Report (meeting packet only; no presentation) No discussion ATTACHMENT 4 DRAFT MINUTES WATER BOARD REGULAR MEETING 0 2 /1 8 /202 1 – DRAFT MINUTES Page 2 iii. Memo: Water Shortage Evaluation and Response Planning Efforts to Date (meeting packet only; no presentation) No discussion iv. Halligan Water Supply Project Year-in-Review Update (meeting packet only; no presentation; staff available for questions) No discussion. Special Projects Manager Eileen Dornfest commented that the project progressed well in 2020, has not been affected by the pandemic, and the design process is going well. She pointed out that the schedule has been updated to reflect uncertainty in the permitting tasks, and the schedule is now presented as a range of timeframes. b. Regular Items (Attachments available upon request) i. Raw Water Rental Rates and Delivery Charges Water Resources Engineer II Meagan Smith provided a summary of the raw water rental program, proposed formula for calculating rental rates and delivery charges, and proposed rates. This agenda item is scheduled for first reading on the consent agenda for the March 2 City Council meeting. This item shifted from an annual review with Water Board and Council approval to an every-three-years review starting in 2018. Discussion Highlights Board members commented on or inquired about various related topics including feedback from raw water customers on the proposal; curiosity about the biggest customer (staff is restricted from sharing customers’ identities and will consult City Attorney’s Office on confidentiality requirement); question on average amount of raw water rented (20,000 acre-feet) and average amount of raw water that is treated (25,000 af); lower rental sales expected this year due to wildfire. Board Member Brown moved to that Water Board recommend City Council adopt the proposed formulas for calculating rental rates and delivery charges for Fort Collins Utilities raw water supplies, as well as the proposed rental rate and delivery charge for fully consumable water for 2021 through March 2024. Board Member Ortman seconded the motion. Vote on the motion: it passed unanimously, 10-0 DRAFT MINUTES WATER BOARD REGULAR MEETING 0 2 /1 8 /202 1 – DRAFT MINUTES Page 3 ii. Watershed Fire Recovery Intergovernmental Agreement and Appropriation Water Quality Services Manager Jill Oropeza provided a summary of the Cameron Peak Fire post-fire watershed recovery activities, including a brief review of a draft intergovernmental agreement (IGA) with the City of Greeley and Larimer County that outlines cost-sharing agreements as well as the structure of an appropriation to secure funds for watershed recovery projects and water treatment operations. City Council will consider this agenda item on March 16. Discussion Highlights Board members commented on or inquired about various related topics including Horsetooth Outlet Project surplus (returns to general fund); reserves funding; efficiencies; amount of appropriation request; wildfire areas; mulching; recovery timeline. Board Member Brown moved that the Water Board recommends City Council approve of the City of Fort Collins entering into an Intergovernmental Agreement (IGA) for cost-sharing of post-wildfire watershed recovery work. Board Member Eldridge seconded the motion. Vote on the Motion: it passed unanimously, 10-0. Board Member Tarry moved that the Water Board recommends City Council approve an appropriation in the amount of $5 million, which will be used on watershed restoration treatments and operations costs associated with treating fire-impacted water supplies in 2021. Board Member Ortman seconded the motion. Vote on the Motion: it passed unanimously, 10-0 iii. 2021 Utilities Locating Supplemental Resources Utilities Deputy Director - Light & Power Tim McCollough provided a summary of the appropriation request. The current demands on the department exceed the available resources, in part due to Fort Collins Connexion construction. Excavators and engineering firms are starting to see delays in the department’s ability to provide timely locates in the Fort Collins jurisdiction. Staff recommends bringing forward in March an off-cycle appropriation to City Council of $500,000 funded from reserves to address resource limitations in the Utility Locates division. DRAFT MINUTES WATER BOARD REGULAR MEETING 0 2 /1 8 /202 1 – DRAFT MINUTES Page 4 Discussion Highlights Board members commented on or inquired about various related topics including funding sources and equitable allocation; Utilities service area and city limits (service area goes beyond city limits into Growth Management Area); 2018 locating law and subsequent increased engineering locate requests; the buildout and undergrounding of a new utility, Fort Collins Connexion, over three years compared to half the city’s Light & Power undergrounding over 25 years starting in the 1980s; actual number of locate requests was close to expected but length and effort required for each was greater than expected. Board Member Herman moved that the Water Board recommends City Council support the off-cycle locates appropriation as proposed by staff. Board Member Chinnasamy seconded the motion. Vote on the Motion: it passed unanimously, 10-0 iv. Recommendation to City Council Regarding an Amendment to the Metro District Evaluation Process City Planner Ryan Mounce summarized the recommendation. On June 16, City Council approved a six-month moratorium on new metro district applications and directed staff to develop possible changes to the Metro District policy that addresses issues raised by Council and citizens, and that fulfill established City goals. Staff proposes a performance points system, including a menu of options, with respect to housing attainability, energy and water efficiency and neighborhood livability attributes for each residential Metro District. The proposed system is intended to provide metrics that further define “extraordinary public benefits” as found in the current policy. Of particular interest is the Water Board’s perspective on the water conservation components described within the evaluation system. Discussion Highlights Board members commented on and inquired about various related topics including whether metro districts are created on the backs of developers (metro districts have the ability to issue debt to pay for infrastructure; future property owners pay); whether voters have a say on metro district formation and tax liability (2018 Council decision based on extraordinary community benefits); fire suppression systems; placing an additional burden on top of cost effective homes with these requirements seems counterintuitive; some of these topics have come up in focus group discussions; the issue is more complex than the metrics indicate, and seem to have conflicting objectives, i.e. ratchet up cost to implement the tool to create more affordable housing. DRAFT MINUTES WATER BOARD REGULAR MEETING 0 2 /1 8 /202 1 – DRAFT MINUTES Page 5 Chairperson Bruxvoort moved that the Water Board recommend City Council amend the Metro District policy and adopt the water conservation metrics as described in the proposed Residential Metro Districts Evaluation system. Vice Chairperson Steed seconded the motion. Vote on the Motion: it passed unanimously, 10-0 7. BOARD MEMBER REPORTS None 8. OTHER BUSINESS a. Draft Memo to Council: Reimagine Boards and Commissions Project Board members discussed the draft memo, which details their opinions on the project and recommendations to Council regarding the proposed changes, namely the number of Water Board members. They agreed unanimously via straw poll to minor revisions and to send the memo to Council. 9. ADJOURNMENT 7:51 p.m. These minutes will be approved by Chairperson Kent Bruxvoort and the Water Board on March 18, 2021. Finance Administration 215 N. Mason 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6788 970.221.6782 - fax fcgov.com Finance Committee Meeting Minutes February 22, 2021 9:30 am - noon Zoom Meeting Council Attendees: Mayor Wade Troxell, Ken Summers, Ross Cunniff, Emily Gorgol Staff: Darin Atteberry, Kelly DiMartino, Teresa Roche, Kyle Stannert, Travis Storin, Carrie Daggett, John Duval, Tyler Marr, Ken Mannon, Honore Depew, Chris Martinez, Lawrence Pollack, Claire Turney, Cody Forst, Noelle Currell, Brad Buckman, Dean Klingner, Kyle Lambrecht, Dan Woodward, Caleb Feaver, Matt Parker, Rich Anderson, Jackie Thiel, Beth Rosen, Victoria Shaw, Molly Saylor, Lucinda Smith, Caroline Mitchell, Brad Buckman, Adam Molzer, Dave Lenz, Jo Cech, Zack Mozer, Jim McDonald, Jaime Jones, Theresa Connor, Mark Kempton, Lance Smith, David Clabaugh, Liesel Hans, Jill Oropeza, Matt Zoccali, Blaine Dunn, Jordan Granath, Renee Callas, Matt Parker, Carolyn Koontz Others: Joe Rowan, Gavin Kaszynski ____________________________________________________________________________________ Meeting called to order at 9:30 am Mayor Troxell; I would like to note for the record that I have conferred with the City Manager and the City Attorney and have determined that the Committee should conduct this meeting remotely because meeting in person would not be prudent for some or all persons due to a current public health agency recommendation. Approval of Minutes from the January 25, 2021 Council Finance Committee Meeting. Ross Cunniff moved for approval of the minutes as presented. Ken Summers seconded the motion. Minutes were approved unanimously via roll call by Ken Summers, Ross Cunniff and Mayor Troxell. A. CAMERON PEAK FIRE APPROPRIATION Jill Oropeza, Director of Water Quality Services Matt Zoccali, Senior Manager of Environmental Regulatory Affairs Lance Smith, Utilities Strategic Finance Director SUBJECT FOR DISCUSSION Post Cameron Peak Fire Watershed Recovery EXECUTIVE SUMMARY The purpose of this item is to discuss the need to appropriate funds for the unanticipated needs of watershed restoration treatments and operational costs associated with treating fire-impacted water supplies with the ATTACHMENT 5 2 Council Finance Committee. The risks to the Poudre watershed from the Cameron Peak Fire are significant and require mitigation to ensure the adequacy of the City’s water supply. In October 2020, Fort Collins City Council approved a 2 percent water rate increase one year earlier than previously planned, which provides approximately $600,000 specifically intended to address post fire needs. In addition, the Horsetooth Outlet Project was completed under budget leaving $1,800,000 in unused funds. Operating revenues in the Water Fund exceeded the projected 2020 revenues by over $2.6M. In total, there are approximately $5,000,000 of Water funds that could potentially be used toward fire recovery needs. Staff proposes that this requested appropriation for 2021 be funded with these identified resources. Use of these funds would not require an additional rate increases at this time, nor would it impact the current timeline or funding for planned capital investments. It is anticipated, however, that additional appropriations and/ or rate increases may be needed in future years. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does the Council Finance Committee support bringing forth an appropriation ordinance for $5.0M to support the mitigation efforts necessary to ensure effective treatment of water from the Poudre River after the Cameron Peak Fire? 2. Does the Council Finance Committee support entering into an Intergovernmental Agreement with Larimer County and the City of Greeley to collaborate on post-wildfire watershed recovery work? BACKGROUND/DISCUSSION The unprecedented summer and fall wildfire season of 2020 resulted in nearly 400,000 acres of burned landscape in critical watersheds that source water supplies to communities in Larimer and Weld counties, including municipalities like Fort Collins and Greeley. These communities receive water supplies from the Cache La Poudre River, Colorado-Big Thompson (CB-T) system and associated high mountain reservoirs, which were impacted by the Cameron Peak and East Troublesome wildfires. Northern Water is managing the response and recovery to the East Troublesome Fire. The work proposed herein pertains specifically to impacts from the Cameron Peak Fire. The after-effects of widespread forest fires typically include more frequent and flash flooding following rain and snowmelt runoff events, leading to increased ash and sediment in the river, increased likelihood of debris flows, and an overall degradation of water quality, particularly after thunderstorms. The water quality impacts of post-fire debris and sediment flows following rain events are often sudden and severe and can render the Poudre River water supply temporarily untreatable. In these cases, as happened frequently following the High Park Fire of 2012, the ability to rely on Horsetooth Reservoir water is critical for the continuity of water treatment operations. Real-time water quality sensors on the Poudre River ensure that changes in water quality are detected early enough to allow operations to effectively bypass the river water until conditions improve. The primary purpose of post-fire treatments like the application of mulch or other groundcover, is to decrease erosion and hold the soil in place, thereby giving the chance for vegetation to reestablish and minimizing the downstream impacts to property, infrastructure, water quality and aquatic life. In cases where stabilization is not feasible or ineffective, downstream treatments like wattles or sediment catchment basins are designed to spread out, capture or relocate sediment and debris, keeping it off roadways and away from homes and water supply infrastructure, and out of the main river channel. A group of regional stakeholders, referred to as Water Providers, worked with a consultant (JW Associates) to develop an initial watershed assessment of post-fire conditions to identify priority areas for mitigation treatments (Attachment C). This assessment incorporated various public data sets including slope, soil burn severity, debris flow probabilities, and hillslope sediment delivery estimates. Other factors considered included the location of key water supplies, land ownership and management designations (e.g. Federal Wilderness Areas). This approach has initially identified approximately 10,000-18,000 acres of moderate to severely burned 3 areas meet criteria suitable for treatments, at an estimated cost of $19 - $38 million dollars, depending on the type and extent of treatments. Many uncertainties remain around the extent and timing of the start of post-fire recovery work including the ultimate number of cost-sharing partners, the amount of available State grant funds, the outcome of efforts with Federal and State delegates to appropriate additional funding assistance, and the possible eligibility of use of said funds on USFS lands, including in federally designated Wilderness Areas. Fort Collins staff are engaged in funding discussions with various State and Federal agencies as well as Congressional representatives and State leaders to convey the need for additional funding resources for fire recovery. Ultimately, the availability of additional State and Federal assistance funds could significantly increase in the extent of treatments and in turn, would greatly assist in minimizing post-fire impacts to water supplies. However, the timing on any of these decisions is unknown and the urgency of the work requires moving forward with currently available resources. This appropriation request for $5.0M from Available Reserves consists of the following anticipated work: • Proposed Post-Fire Emergency Watershed Treatments & Associated Costs ($4,000,000) o Aerial Wood Mulching of highest priority areas = $1,000 - $3,000 / acre  Addresses 2,500 - 7,500 acres out of the 10,000 acres identified as highest priority o Wattles, stream grade control, sediment catchments = $265,000 o Project Management Support = $35,000 • Unanticipated Water Treatment O&M and associated plant capital cost estimates ($1,000,000) o Poudre Intake sediment removal = $500,000 o Additional water treatment chemicals = $300,000 o Solids handling/drying temporary improvements = $50,000 o Water treatment and watershed studies/monitoring = $50,000 o Joe Wright Reservoir Mitigation = $50,000 o Potential water restrictions outreach and staffing = $50,000 Intergovernmental Agreement The City of Fort Collins, City of Greeley and Larimer County propose to enter into an IGA regarding cost-sharing and reimbursements for post-fire treatments approved under the federal Natural Resources Conservation Service (NRCS) Emergency Watershed Protection (EWP) assistance program. This IGA will be presented with the appropriation ordinance on March 16th for First Reading. The purpose of the NRCS EWP Program is to fund emergency hillslope stabilization measures on private and State lands, designed for the protection of life and property, including community water supplies. Larimer County and City of Greeley were approved as fiscal sponsors for this program and as such, are contracted with the NRCS for the use of and reimbursement of recovery expenses up to 80% for construction and 100% for technical assistance. The 20% cost share for construction projects (treatments) will be shared between participants of this agreement. Under the City of Greeley’s sponsor agreement, they will be responsible for addressing necessary watershed and water supply protection treatments and Larimer County will address private resident needs and critical road, bridge, and other infrastructure outside of the public right of way. The City of Fort Collins does not anticipate cost-sharing for projects under the County’s scope of EWP work, except for where a particular project provides mutual benefit for water supplies as well as private property infrastructure. 4 DISCUSSION / NEXT STEPS: Ken Summers; Can we cover most of this with the sources you identified? What does the reserve status of the utility fund look like? Lance Smith: $75M in cash in reserves - $35M of which is available and unappropriated at this point. Ken Summers: thank you – encouraging – I want to commend staff for their efforts. Darin Atteberry; $1.8M surplus with HOP (Horsetooth Outlet Project) What was the total project budget? Was the savings recognized by us exclusively or by all partners? Mark Kempton; The total budget was $3.3M with 40-60% city cost share - the savings was realized by all – the project happened a lot quicker than anticipated - we have invoiced the partners for their percentage - the $1.8M is city money and not partner money. Emily Gorgol; how will Council be updated on the Information and any changing costs? Jill Oropeza; we have our initial timeline - start developing the treatment plan for 2021 and start implementation in May and by mid-late summer we should be starting to understand how our watershed is responding and our ability to utilize certain funding sources – we are hoping to come back and provide an update in a few months as we move forward with the implementation plan – in the fall we will do a second round of assessment to capture what we have learned over the summer and identify needs for the coming year and additional needs are necessary at that time Give Council a quarterly update – Darin to Jill; ACTION ITEM – It would be great to provide a quick one-page quarterly update to Council through the summer Q3. It would be helpful if we anticipate any additional expenditures and make sure that I get that information to share with the Finance Committee and with Council. Ross Cunniff; do we have a sense of when we will get an estimate of the magnitude of the Troublesome Fire? Jill Oropeza; we are working closely with Northern and they are leading similar work in parallel on the Big Thompson system - they have just completed their post fire assessment and they are also facing a similar situation with funding sources – we are starting to work together on bringing additional funds for that We have also talked about an initial monitoring plan – partnering the CBT system and Horsetooth – we have looked into utilizing a model to simulate some potential impacts, but we do not know the feasibility or how helpful that will be. We have started some initial conversations on how we will respond. From a funding standpoint we do not have enough information yet on where some of the work will actually happen or the downstream water quality impacts will be – conversations will continue to evolve – we do not currently have a lot of information on what is needed from a restoration standpoint. Ross Cunniff; Do we have confidence that Horsetooth water quality will be sufficient to be a backup in the event of Poudre sendimentation events? Jill Oropeza; they are doing a lot of work to ensure the east slope reservoirs are as full as possible - that we would not see those impacts for some time – perhaps some of that material might have an opportunity to settle out – anytime you have sediment and ash there will be some water quality issues - reduce amount of sediment 5 that gets transferred over – fairly consistent – a lot of monitoring in place throughout the system if that were to change Ross Cunniff; hoping this does not happen but if both of our water supplies are compromised – are we starting to think about what our response would be / options / communications, etc.? Jill Oropeza; we are starting those conversations – mitigate impacts through the water treatment process – Mark Kempton; We anticipate Poudre impact, but we are looking for Horsetooth being our high quality We do anticipate the Poudre River cleaning up – we could switch sources reliably – we are doing a lot of planning around outreach messaging on odor, taste if we get to that stage Ross Cunniff; urgency of remediation on the Poudre in place as soon as we can. I am in support of moving this forward – other question regarding possibility of moving the 2% rate increase up to 2021 to give us more reserves – what the tradeoffs are - Lance Smith; no specific projects – long term financial plan was assuming operating revenues were going to come in at budget - we have been able to complete the Horsetooth Outlet Project under budget, so we do not anticipate that this is going to impact in the near term any capital work we had planned otherwise – that is approximately $600K Ross Cunniff; I would support that, and I absolutely support being a partner with Greeley and potentially others and sharing costs based on our perspective impacts. I do not see a downside to being a partner in this space – We will be talking with Northern. Looking across utility boundaries for this kind of mitigation effort makes a lot of sense. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does the Council Finance Committee support bringing forth an appropriation ordinance for $5.0M to support the mitigation efforts necessary to ensure effective treatment of water from the Poudre River after the Cameron Peak Fire? 2. Does the Council Finance Committee support entering into an Intergovernmental Agreement with Larimer County and the City of Greeley to collaborate on post-wildfire watershed recovery work? RESULT: Committee supports both bringing forth an appropriation ordinance for $5.0M to support the mitigation efforts necessary to ensure effective treatment of water from the Poudre River after the Cameron Peak Fire and entering into an Intergovernmental Agreement with Larimer County and the City of Greeley to collaborate on post-wildfire watershed recovery work -1- ORDINANCE NO. 046, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING SUPPLEMENTAL APPROPRIATIONS, APPROPRIATING PRIOR YEAR RESERVES, AND AUTHORIZING TRANSFER OF EXISTING APPROPRIATIONS FOR POST-FIRE WATERSHED RESTORATION TREATMENTS AND OPERATIONAL COSTS ASSOCIATED WITH TREATING FIRE-IMPACTED WATER SUPPLIES WHEREAS, during the 2020 wildfire season, nearly 400,000 acres of landscape burned in critical watersheds through which the Cache La Poudre River, the Colorado-Big Thompson (CB- T) system, and associated high mountain reservoirs supply water to Northern Colorado communities, including Fort Collins, Greeley, and Larimer County; and WHEREAS, following forest fires like the 2020 Cameron Peak and East Troublesome wildfires, flash flooding is more frequent, leading to increased ash deposits and sedimentation in rivers, debris flows, and overall degradation of water quality, requiring municipal water systems operators incur significant additional water treatment expenses for remediation measures; and WHEREAS, City Utilities staff has estimated $1,000,000 in unanticipated operating and capital costs for the City’s Water Treatment Facility to address the impacts of the 2020 wildfires, which total is anticipated to be adjusted as the impacts of the Cameron Peak and East Troublesome fires on the City’s water quality and water supply are revealed, priority work is identified, and projects are scheduled; and WHEREAS, after the 2020 wildfire season, regional stakeholders, including Fort Collins and Greeley, prepared an initial watershed assessment of post-fire conditions to identify priority areas for regional post-fire treatments and to explore options to reduce impacts on individual municipal water systems; and WHEREAS, this effort identified 18,000 acres of moderate to severely burned areas suitable for treatments (e.g., aerial wood shred mulching, straw erosion wattles, sediment catchment basins, and stream grade control structures), at an estimated cost of $19 - $38 million; and WHEREAS, based on the watershed assessment, Greeley and Larimer County engaged the Natural Resources Conservation Service (NRCS) and entered into agreements for federal financial assistance through the Emergency Watershed Protection (EWP) assistance program; and WHEREAS, an intergovernmental agreement negotiated by Fort Collins Utility staff, Greeley, and Larimer County to establish a cost-sharing arrangement to complete the post-fire treatments approved under the EWP assistance program (“Post-Fire Watershed Restoration IGA”), for adoption with second reading of this Ordinance; and WHEREAS, Utility staff has estimated, prior to EWP program reimbursements and including anticipated local match requirements, the City’s share of proposed post-fire watershed treatments and associated costs will be approximately $4,000,000, including $3.7 million to address up to 7,500 high priority acres through aerial wood mulching; $265,000 for wattles, stream -2- grade control, and sediment catchments; and $35,000 for project management support; and WHEREAS, Utilities staff has identified approximately $600,000 in unencumbered revenues in the Water Fund, based on water rates City Council approved under Ordinance No. 140, 2020 (November, 17, 2020), along with $1,800,000 in unused funds in the Horsetooth Outlet Project, and operating revenues in the Water Fund that exceeded the projected 2020 budget, which sums are available to fund initial post-fire watershed restoration treatments and Water Utility wildfire-related operational costs; and. WHEREAS, Utilities staff accordingly has recommended Council approve supplemental appropriation of $1,000,000 for unanticipated operating and capital costs at the City’s Water Treatment Facility attributable to 2020 wildfires, and $4,000,000 for post-fire emergency watershed treatments and costs under the pending Post-Fire Watershed Restoration IGA; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and benefits Water Utility rate payers by proactively addressing impacts of recent wildfires on City water utility treatment facilities and operations, and leveraging regional and federal financial and in-kind resources to protect essential water basins and water quality, thereby curbing utility operating costs that may otherwise require sooner water service rate increases; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, Article V, Section 9 of the City Charter further permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, the City Manager has recommended the appropriation from anticipated revenues described herein and determined that this appropriation is available and previously unappropriated from the Water Fund and will not cause the total amount appropriated in the Water Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year, including amounts otherwise payable to the General Fund for payments in lieu of taxes and franchise (PILOT); and WHEREAS, the City Manager has recommended the appropriation from prior year reserves described herein and determined that this appropriation is available and previously unappropriated from the Water Fund and will not cause the total amount appropriated in the Water Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council, upon recommendation by the City Manager, to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another -3- fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged; the purpose for which the funds were initially appropriated no longer exists; or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and WHEREAS, the City Manager has recommended the transfer of $1,800,000 from the Horsetooth Outlet capital project to the Watershed Recovery project and determined that the proposed transfer is from a capital project account in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from anticipated revenues in the Water Fund the sum of FIVE HUNDRED SIXTY-FOUR THOUSAND DOLLARS ($564,000) for post-fire watershed restoration treatments and operational costs associated with treating fire-impacted water supplies. Section 3. That there is hereby appropriated for expenditure from anticipated revenues in the Water Fund the sum of THIRTY-SIX THOUSAND DOLLARS ($36,000) for payment in lieu of taxes and franchise (PILOT) to the City’s General Fund to be used for post-fire watershed restoration treatments and operational costs associated with treating fire-impacted water supplies. Section 4. That there is hereby appropriated for expenditure from prior year reserves in the Water Fund the sum of TWO MILLION SIX HUNDRED THIRTY-SIX THOUSAND DOLLARS ($2,636,000) for post-fire watershed restoration treatments and operational costs associated with treating fire-impacted water supplies. Section 5. That the unexpended and unencumbered appropriated amount of ONE MILLION EIGHT HUNDRED THOUSAND DOLLARS ($1,800,000) is hereby authorized for transfer from the Horsetooth Outlet capital project account to the Watershed Recovery project and appropriated therein. -4- Introduced, considered favorably on first reading, and ordered published this 16th day of March, A.D. 2021, and to be presented for final passage on the 20th day of April, A.D. 2021. _________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of April, A.D. 2021. _________________________________ Mayor ATTEST: _______________________________ City Clerk