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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/02/2008 - RESOLUTION 2008-082 DIRECTING THE CITY MANAGER TO ITEM NUMBER: 24 AGENDA ITEM SUMMARY DATE: September 2, 2008 FORT COLLINS CITY COUNCIL STAFF: John Stokes SUBJECT Resolution 2008-082 Directing the City Manager to Submit to the U.S. Army Corps of Engineers Comments on the Draft Environmental Impact Statement ("DEIS") for the Northern Integrated Supply Project("NISP")and Expressing the City Council's Opposition to NISP as Described in the DEIS. RECOMMENDATION Staff recommends adoption of the Resolution. FINANCIAL IMPACT Adoption of the Resolution will have no additional financial impact through the end of the comment period. Funding to develop the comments has already been appropriated. EXECUTIVE SUMMARY The Northern Integrated Supply Project (NISP) is a collaborative water project between the Northern Colorado Water Conservancy District (NCWCD) and twelve municipalities and water districts to increase regional water supply in northern Colorado. In order to proceed with NISP, a 404 permit must be issued by the US Army Corps of Engineers (Corps). A 404 permit cannot be issued until a final environmental impact statement(EIS)is issued by the Corps. The Corps issued a draft EIS for NISP on April 29th (officially on the 30th) and specified a comment period of 90 days,ending on July 30th. Based on requests by the City and others,the comment period was later extended to September 13, 2008. Adoption of the Resolution directs the City Manager to submit to the Corps prior to the comment deadline,a final set of comments generally consistent with this compilation,together with additional technical and procedural comments and explanation. The Resolution authorizes staff to continue to develop additional comments concerning possible impacts from NISP until the comment deadline of September 13th. The Resolution also states the City's opposition to NISP as it is described and proposed and any variant of NISP that does not address the City's fundamental concerns. NISP involves the construction of two off-river reservoirs, Glade and Galeton. Glade Reservoir, approximately the size of Horsetooth Reservoir,would have a 170,000 acre foot capacity and would September 2, 2008 -2- Item No. 24 be located just north of Ted's Place along US 287. Galeton Reservoir would have a 40,000 acre foot capacity and would be located northeast of Greeley. Cache la Poudre River(Poudre)water near the mouth of the canyon would be pumped into Glade and conveyed to participating communities via a pipeline to Horsetooth Reservoir and/or through water exchanges. Staff intends to submit comments that address impacts to or from: water supply and treatment; water reclamation;Trichloroethylene(TCE);river sedimentation;riparian vegetation and wetlands; aquatic habitat and aquatic life; terrestrial wildlife; recreation; economics; aesthetics; and quality of life. Additional comments will identify deficiencies in the draft EIS including: inconsistencies; errors; omissions; incomplete information, modeling or analysis; unsubstantiated conclusions and the need for a supplemental DEIS (SDEIS) and a revised Clean Water Act Section 404(b)(1) analysis. Other comments will address concerns with mitigation measures proposed in the draft EIS and possible alternative mitigation options. Staff reviewed the comment themes with Council at the June 1 Oth Work Session. The summary of the Work Session is attached (Attachment 1) along with staffs response to various Council questions from the Work Session (Attachment 2). Since June loth, a considerable amount of additional work has been completed to develop and further elaborate the initial comment themes. Overall, however, the fundamental comment themes are essentially unchanged. BACKGROUND WATER MANAGEMENT ISSUES Source Water Quality After extensive review of the DEIS, staff has determined that the proposed action poses substantial, and indeed, grave threats to the City's drinking water quality. These threats, while complex and extensive, are related primarily to total organic carbon (TOC) and geosmin. Other water quality parameters of concern to the Fort Collins Water Treatment Facility (FCWTF) include pathogens, turbidity,taste and odor compounds, and manganese. Staff has also concluded that the DEIS fails to properly analyze source water quality issues and that a SDEIS must be conducted in order to fully understand impacts and to address possible avoidance, minimization, or mitigation strategies. Total organic carbon(TOC)is one of the most important water quality parameters for source waters of the Fort Collins Water Treatment Facility. High TOC levels are important because they adversely impact water treatment processes, increase treatment costs and serve as the main contributor to formation of disinfection by-products (DBPs). DBPs are potential carcinogens formed when TOC reacts with chlorine used for disinfection. The FCWTF and the City's improvements to it over the years have been designed to remove TOC (and other substances)when present at concentrations that have historically occurred at the existing intake structures. The proposed action may substantially raise TOC levels in Horsetooth Reservoir through water delivery via a pipeline from Glade to Horsetooth and subsequently increase water treatment costs and jeopardize regulatory compliance. Geosmin is a persistent, earthy taste and odor compound found in surface waters throughout the world that has also been detected at very high concentrations in both Halligan and Seaman Reservoirs. Geosmin is of special concern to the City because it is difficult and costly to remove September 2, 2008 -3- Item No. 24 and many of the City's industrial users, such as breweries, are especially sensitive to any taste or odor problems in their products. Staff is concerned that like Seaman and Halligan,Glade Reservoir may develop and contain persistently high levels of geosmin. (The City does not use water from Halligan directly; it stores the water for use in exchanges on the Poudre River.) While the proponents of the project have indicated that a delivery pipeline from Glade to Horsetooth may not be needed, it is included in the DEIS as an action alternative that must be analyzed. Furthermore, staff believes that a pipeline will eventually be necessary for Glade deliveries because the possibility for water exchanges will diminish over time as water is bought, sold, and changed to different uses. The DEIS is inadequate in its analysis of TOC,geosmin,and other critical water quality issues. The DEIS fails to apply rigorous scientific modeling to potential TOC issues at Horsetooth. It fails to properly analyze the continued ability of the proposed action to be able to deliver water via water exchanges instead of via a pipeline to Horsetooth. Where there is analysis in the DEIS that pertains to these, and other source water quality issues, there are significant shortcomings and errors. For example, the DEIS utilizes one year of water quality data to derive a long-term projection of water quality. One year of data is insufficient to properly analyze the long-term water quality of Glade and/or Horsetooth. The DEIS also assumes instantaneous and complete mixing of Glade and Horsetooth water. This assumption is not correct in the real world of reservoir dynamics. These types of shortcomings and errors call into question the validity of source water quality conclusions drawn in the DEIS. Based on professional engineering estimates, if the City has to install advanced treatment systems at the FC WTF due to high levels of TOC or other contaminants caused by the proposed action,those improvements could cost the City anywhere from $50 to $90 million in one-time costs as well as annual operating expenses of—$3 million. As required by law, the Corps and project proponents must avoid all adverse source water quality impacts to the City of Fort Collins. If, however, those impacts are not avoided, then the project sponsors must make binding commitments to minimize and fully mitigate those impacts in a SDEIS and associated documents. Wastewater Treatment The City operates two wastewater reclamation plants on the Poudre River in town: the Drake and Mulberry facilities. Both Poudre River flow and water quality are critical to the operation of these plants and critical to the plants' compliance with stream standards and federal permit requirements. Reduced flows and degradation of Poudre River water quality have the potential to adversely affect treatment operations and force implementation of increasingly restrictive permit requirements. These changes could be extremely costly to the City. The DEIS fails to adequately analyze impacts to water quality in the Poudre River through town and there are serious errors and omissions. There are numerous examples: • The DEIS excludes the Drake water reclamation facility from its analyses,where 10 million gallons of treated effluent is being discharged every day, and which is permitted for a discharge of up to 23 million gallons. September 2, 2008 -4- Item No. 24 • The DEIS fails to identify and address degradation impacts from NISP to water quality in the River for specific regulatory water quality parameters,including pH,copper,aquatic life use, E. coli, selenium, and dissolved oxygen. • The DEIS claims that water temperatures will decrease with reduced flows; in other places it claims that temperatures will increase. • The DEIS claims that water quality data for certain parameters downstream of the Mulberry facility was not available. However, the City has over ten years of detailed water quality data at the location in question. • The DEIS states that a USGS gage station and water quality monitoring site on the Poudre does not exist (and thus was not available for analysis) when in fact this data is readily available via USGS websites. • The DEIS fails to use industry accepted standard methodologies (Total Maximum Daily Load calculations, wasteload allocation) in addition to the completed mass balance calculations for assessing potential impacts of NISP on the Drake and Mulberry plants and to river water quality through Fort Collins. Because of these water quality-related and wastewater treatment errors and omissions,and numerous other shortcomings and deficiencies, a SDEIS and revised Section 404(b)(1) analysis must be completed. Even though the DEIS does not adequately describe or sufficiently analyze potential adverse water quality and wastewater impacts, the City believes that the proposed action could soon very well require the installation of expensive advanced wastewater treatments systems at the Drake and Mulberry plants. Current preliminary professional engineering estimates for design and construction of advanced treatment systems in Fort Collins range from $75 to $125 million plus significant annual operation and maintenance costs. As required by law, the Corps and project proponents must avoid adverse water quality impacts to the City of Fort Collins. If,however,those impacts are not avoided,then the project sponsors must make binding commitments to minimize and fully mitigate those impacts in a SDEIS and associated documents. Groundwater Contamination—Trichloroethylene (TCE) Trichloroethylene(TCE)is a solvent that was used to clean rocket fuel tanks at the former Atlas"E" Missile Site 13 in Laporte,Colorado. The site was in operation from the 1950s to phase-out in 1965. TCE now contaminates groundwater at a location immediately northwest of a proposed "forebay" at the foot of the proposed Glade Reservoir dam. (The forebay would serve as a small reservoir to temporarily hold water to be pumped into Glade.) Limited non-seasonal data from groundwater monitoring wells located adjacent to and within the forebay area show TCE levels ranging from non-detect to approximately 75 parts per billion (ppb or micrograms per liter). The safe drinking water standard is set at"not to exceed" 5 ppb. Chronic exposure to TCE near or above that standard can cause liver damage. There is evidence that lifetime September 2, 2008 -5- Item No. 24 exposure to drinking water at or above that standard may cause cancer. TCE is very persistent in groundwater environments and difficult to remove. TCE has a"moderate"bio-concentration effect in fish and a human ingestion standard of 2.5 ppb. The City has several concerns about the TCE-contaminated groundwater: I. There is potential for TCE-contaminated groundwater to migrate into the forebay and, in turn, be pumped into Glade Reservoir. The NISP proposed action proposes water delivery via pipeline from Glade to Horsetooth Reservoir. Horsetooth is a primary drinking water supply for both the City of Fort Collins and the surrounding area. TCE-contaminated water should not be pumped into Horsetooth Reservoir. 2. Because no consistent seasonal groundwater monitoring program has been designed or completed in the affected area,the nature and extent of changes in groundwater elevations in the area over time are unknown. This means that seasonal movement of the TCE- contaminated groundwater is unknown. 3. Because no groundwater modeling in the TCE-contaminated area has been done, the potential direction and speed of movement of the contaminant plume under pressure from (or under the weight of) water from within Glade Reservoir are unknown. 4. If Glade Reservoir is authorized,the District and the Corps have committed to installing an impermeable lining along the walls and bottom of the forebay to eliminate seepage of groundwater into the forebay waters. However,water pressure exerted from Glade may then simply redirect and accelerate the movement of the TCE-contaminated groundwater plume toward the Poudre River. This is an indirect impact of NISP that has not been modeled or evaluated. In addition to the DEIS,the City of Fort Collins has reviewed the"DRAFT FINAL-FEASIBILITY STUDY REPORT-F.E.WARREN AIR FORCE BASE FORMER ATLAS "E"MISSILE SITE 13, LAPORTE,COLORADO"Report prepared by the U.S.Army Corps of Engineers, Omaha District in January 2007. In this report, page ES-2 states: "The discharge point of the regional aquifer is interpreted from groundwater flow direction to be the Cache la Poudre River located south of the site." Simply stated,if not treated,TCE-contaminated groundwater will eventually reach the Poudre River absent effective intervention. Glade Reservoir will: (1) increase groundwater levels in the vicinity of the reservoir, including the TCE plume area; and, (2) lower the groundwater levels near the Poudre River as the river flow is reduced. The net effect will likely be to speed TCE migration into the Poudre River. This is a significant adverse impact to the aquatic ecosystem that would not happen but for the proposed placement of the Glade Reservoir. This impact requires a scientifically rigorous, detailed evaluation in a SDEIS, including consideration of avoidance, minimization and mitigation. Proposed steps identified in the DEIS to avoid, minimize the harm, or mitigate TCE groundwater contamination in the area are not founded on adequate monitoring data, which is lacking in the supporting documents used to develop the DEIS and therefore those steps cannot be effectively evaluated without additional data generation and analysis. September 2, 2008 -6- Item No. 24 The failure of the DEIS to address this issue, including the complete failure to consider the effects of placing a large reservoir upgradient of the contamination, is a fundamental deficiency that must be replaced with thorough, rigorous scientific analysis in a SDEIS. ENVIRONMENTAL ISSUES Riparian Vegetation and Wetlands The Poudre River corridor in Fort Collins provides extensive riparian,riverine,and wetlands habitat. The City owns 19 natural areas comprising 1,423 acres,4 parks,and over 27 miles of trail associated with the Poudre River. Surveys have shown that there are over 500,000 visits annually to the natural areas alone. In general,the City has significant concerns with information presented in the"Vegetation Technical Report" that is cited as support for conclusions in the DEIS regarding riparian and wetlands vegetation. The conclusions presented in the "Vegetation Technical Report" appear to rely on the judgment of the authors rather than data collection, literature review, and analysis. The analysis related to vegetation and wetlands along the Poudre River is deficient in its review of the scientific literature and accepted principles of western river ecology as related to anthropogenic modification of flow regime. In addition,there are numerous contradictions,errors,omissions,and inadequate analyses in the DEIS. It is difficult, if not impossible, to evaluate the DEIS when the document contains contradictory conclusions. For example, several technical reports associated with the DEIS find correctly that there will be significant detrimental impacts to riparian vegetation and wetlands. Also, several statements in the DEIS correctly conclude there will be adverse impacts to riparian vegetation. Yet the Vegetation Technical Report and corresponding sections in the DEIS (4.2 and 4.12) state that the proposed action will cause no loss of riparian/wetland vegetation. The"no loss"assertion is the major conclusion addressing impacts to riparian vegetation. The City finds this conclusion unsupported by real data or case studies and inconsistent with relevant scientific literature. The scientific literature concludes repeatedly that altered flow regimes can cause significant adverse impacts to riparian vegetation. The conclusion that none of the action alternatives will impact the riparian vegetation is inconsistent with current science based on field data,peer-reviewed analysis,and valid ecological modeling. For these reasons the City believes the "no loss" statement is not correct and unsupported by credible, scientific or engineering evidence. A critical omission of the DEIS is a failure to identify jurisdictional wetlands along the riparian corridor through Fort Collins and to evaluate the environmental consequences of the proposed action on those wetlands. Failure to identify jurisdictional wetlands in Fort Collins does not comply with Clean Water Act Section 404(b) Guidelines. Impacts of the proposed action to wetlands along the Poudre River in Fort Collins are clearly within the range of impacts that must be evaluated. For these reasons a SDEIS and revised 404(b)(1) analyses are required. A critical error was made in the "Vegetation Technical Report" (which undergirds many of the conclusions in the DEIS related to riparian vegetation and wetlands) when the authors incorrectly September 2, 2008 -7- Item No. 24 transferred river flow data from the"River Morphology Technical Report." This incorrect transfer led the authors of the"Vegetation Report"to conclude that overbank flows do not influence riparian vegetation. This conclusion is unsupported by the scientific literature and,furthermore,is based on an incorrect transfer of river flow data. The "Vegetation Technical Report" is also hampered by inadequate data collection. For example, key conclusions about how riparian vegetation is supported by various water resources, such as groundwater, were based on 5 field days of observation over a period of 2 years at 12 sites that spanned a distance of approximately 50 miles. Five site visits to various river reaches spanning this long area is wholly inadequate to make a quantitative scientific assessment of these factors. Because of the errors, omissions, and inadequacies of the DEIS, the requested SDEIS must be conducted to accurately assess the long-term impacts of reducing river flows through Fort Collins in excess of 30%on an average annual basis. The City believes that impacts to riparian and wetland vegetation are likely to be major or moderate, not "minor" as asserted in the DEIS. The DEIS reaches its conclusions based on a paucity of field data. Moreover, the conclusion is unsupported by the scientific literature. Aquatic Habitat Quality and Aquatic Life The City and authors of the DEIS recognize the significance of the Poudre River through Fort Collins as a transition area from a cold water to warm water river. Areas of physical transition from one habitat to another are typically rich in species diversity and sensitive to external environmental perturbations. However,it is a particular concern that lack of field data and limited modeling efforts of the DEIS are not likely to lead to an accurate portrayal of the possible environmental consequences to the aquatic biological resources from the proposed action. Contrary to the conclusions of the DEIS, there may be major adverse impacts that could reduce or eliminate certain aquatic life in the Poudre River as a result of the proposed action. Further, degraded water quality, large reduction in peak flow, channel narrowing and increased sedimentation will result in reduced ecological function that likely cannot be mitigated. Because the DEIS does a poor job of describing the direct and indirect impacts to aquatic resources resulting from the proposed action, its discussion of mitigation measures is premature at best, especially in light of the fact that avoidance and minimization approaches are not evaluated. This section of the DEIS and the supporting technical report also contain various mischaracterizations, incorrect conclusions, and errors. For example, the "Aquatic Biological Resources Technical Report" concludes that: "minor adverse effects would not be more serious because, over time, these changes will happen gradually, and the fish and invertebrate communities would adapt to the new flow regime and channel morphology." It is inappropriate and incorrect to characterize a reduction in fish and invertebrate abundance and diversity as an"adaptation." There will be a reduction or elimination of biotic diversity due to degraded stream conditions. Loss of species should be considered a major adverse impact. While the Aquatic Resources Report provides a good summary of the loss of species over time,the gradual loss due to human induced changes to the Poudre River should not be considered"natural"and must be put in context of the impact of the proposed action on the baseline (i.e., existing) aquatic fauna in the river. Terrestrial Wildlife September 2, 2008 -8- Item No. 24 Riparian habitats in semiarid landscapes support a disproportionately high number of wildlife species.For example,82%of all breeding birds in northern Colorado occur in riparian habitats while 51% of all species in the southwestern U.S. are able to survive only in riparian systems. Furthermore,during migration,riparian habitats attract 10 to 14 times the number of birds compared to upland habitats. A large volume of peer reviewed research indicates the proposed action could cause short and long-term negative changes to critical habitat components to wildlife including loss of mature cottonwood forests, lack of cottonwood recruitment, homogenization of habitats consisting of highly adapted species(weeds),and a subsequent reduced diversity of wildlife guilds. As the City is heavily invested in 1,423 acres of habitat along the Poudre River through Fort Collins, the maintenance and/or improvement of riparian habitat and conservation of the dependent wildlife within the riparian system are of paramount concern. Analysis of wildlife in a riparian ecosystem depends on a "clear understanding of habitat requirements and the physical and biotic processes that create and maintain those habitats"(Askin, 2000, Baron et al., 2002, Skagen et al., 2005). Overall,the DEIS does not adequately describe the wildlife resource along the Poudre River through Fort Collins. The DEIS also does not describe the direct and indirect impacts to wildlife resulting from the proposed action. In light of these facts,the discussion of mitigation measures is unsupported and inappropriate,especially since avoidance and minimization approaches are not evaluated. Due to the sparseness of data in this chapter and oversimplification of ecological theories, the project proponents have not met the minimum requirements outlined in the Section 404(b)(1) Guidelines regarding the terrestrial wildlife resource and related project impacts. Although some information was gathered from other published sources, this effort was not thorough and was inadequate. This issue must be addressed in a SDEIS and revised Section 404(b)(1) analysis. Only once was City of Fort Collins Natural Areas Staff consulted (for a one-hour meeting) during the scoping period to discuss wildlife issues along the Poudre River through Fort Collins. At that time, City staff was not given clear information on the impacts of NISP to the flow regime when asked about the potential impact to wildlife. The proponent's consultants did not request any data from the Natural Areas Program. The City has a wildlife species list for Poudre River Natural Areas(routinely available to the public) documenting 267 distinct species. This information was not requested by the proponent's consultants or included in the DEIS. Furthermore,there is little evidence presented in the DEIS that suggests site specific surveys were conducted for species other than for a few select species of concern. Fundamental conflicts exist within and between the DEIS and the Wildlife Report cited as the technical basis for the DEIS regarding basic elements of the project, severity and magnitude of impacts to wildlife and to the wildlife habitat. Similar conflicts are present between the Biological Assessment and the Wildlife Report and the DEIS. No information or discussion is provided in the DEIS regarding species specific habitats, density and distribution, season of use, breeding vs. migratory habitat requirements, source versus sink populations,patch size,movement corridors,high versus low quality habitat,habitat juxtaposition, larger scale landscape issues, disproportionate loss of species, disproportionate habitat value, cascade of impacts due to reduced water quality and change in impacts to lower food chain species. September 2, 2008 -9- Item No. 24 The following are specific examples of why the analysis of wildlife in the DEIS is inadequate: 1. The DEIS describes impacts to wildlife along the Poudre only once,in a subsection entitled "Temporary Impacts." Changes to wildlife habitat are likely to be permanent and wide ranging. 2. In the cursory description of wildlife in the riparian corridor there is a section dedicated to highlighting the importance of this area for waterfowl. The discussion never addresses the existence of neotropical migrants in the river corridor. 3. The Wildlife Technical Report provides a brief and anecdotal description of the impacts to wildlife habitat then concludes: "Although species diversity and abundance of riparian- dependent wildlife species could be reduced in localized areas, no major changes in species composition or distribution are likely." If species diversity and abundance are reduced then they should be quantified and characterized as a moderate or major adverse effect. Avoidance and minimization alternatives in response to terrestrial wildlife impacts were not evaluated in the DEIS. In any case, without quantifying what wildlife will be impacted by the project, any proposed avoidance, reduction or mitigation of impacts is speculative and essentially meaningless. Mitigation objectives must be measurable, and based on specific and quantified habitat components(shrub density,plant species composition etc)and wildlife components(species richness, nesting vs. migration habitat etc.)based on pre-construction(baseline) surveys. Without these data,there is no way to understand project impacts or the probability that mitigation measures would be targeted and successful. As a result, the Corps cannot comply with the requirements of NEPA or Section 404 without further analysis in a SDEIS. Sedimentation Due to lack of analysis and incorrect analysis,the DEIS does not accurately characterize the severity or potential cumulative adverse impacts of fine sediment deposition impacts on the Poudre River through Fort Collins. NISP will reduce both river flows and associated channel flow velocities needed to maintain an open channel. Because of diminished flows and flow velocities, deposition of fine sediments within the gravel and cobble bed of the Poudre River is likely to occur. A resulting cascade of adverse effects could follow,including increased vegetation encroachment into the channel causing the channel to narrow and constrict flows under normal conditions and subsequently obstruct flows under higher flow(flood) conditions. The DEIS and its associated reports reach contradictory conclusions about river morphology and sedimentation in the Fort Collins reach making it difficult understand what the true impacts will be, and calling into question the DEIS' conclusions. Based on the technical analysis completed for the DEIS,major changes to the channel through Fort Collins(with regard to fine grained sedimentation and vegetation encroachment)would result from the action alternatives. Yet the DEIS indicates that the most severe effects will occur below the Fort Collins reach. This contradiction between the DEIS and the Biological Assessment(cited as the technical basis for the DEIS regarding the range and severity of potential impacts of sedimentation on the river through Fort Collins) must be resolved in a SDEIS and revised Biological Assessment. September 2, 2008 -10- Item No. 24 The City has a vested interest in maintaining a healthy and functional river system which retains an open channel capable of transporting flood flows. The process of sediment deposition without the process of sediment flushing through scouring and erosion will lead to vegetation encroachment and subsequent channel constriction. These changes will significantly change the river's function as a conveyor of flood water and result in flow obstruction, increased flood stages and possibly greater flood damage in the future. The DEIS and Section 404(b)(1) analyses are inadequate in their treatment of this issue. Flood control and stormwater management have been significant issues since the settlement of Fort Collins. In modern times the City has experienced a number of flood events(1983, 1997, 1999,etc.) and, over the last twenty plus years, the City has invested over $3 million on river stormwater modeling, planning, and construction of flood protection projects. For example, levees to protect the City's Drake Water Reclamation Facility and the residences in the Buckingham neighborhood have been constructed. The river bank has been stabilized in a number of locations through town. Furthermore,the acquisition and relocation of structures from the floodplain have also taken place. With the potential for increased base flood elevations due to sedimentation, these flood protection structures may become inadequate and the properties they are protecting would be at risk of loss and destruction again. The DEIS ignores this vital issue of public safety. Channel contraction and vegetation encroachment could have significant adverse effects on base flood elevations (BFE's) and the resulting extent of flood inundations during large recurrence interval floods such as, the 100- and 500-year flood events. Reduced channel conveyance in the Poudre would likely increase BFE's through the City. In turn, this would widen the limits of the floodplain and potentially add structures and properties into the floodplain and /or floodway that were not previously at risk of flooding. Addition of any new structures or properties to the floodplain would deviate from the City's goal of promoting the public health, safety and general welfare by minimizing future public and private flood losses. Flood risks could affect property values and business relocations, and, therefore, tax revenues. As remapping of the floodplain occurs, additional properties included in the floodplain by the Federal Emergency Management Agency (FEMA) will be subject to the City's floodplain regulations and the mandatory flood insurance purchase requirements of the National Flood Insurance Program. The DEIS does not adequately address these costs or cumulative adverse impacts to the City and the general public. If the Poudre River channel has a reduced capacity to convey floodwater, new river modeling, planning and measures would need to be put in place to ensure the safety of the citizens of Fort Collins. Subsequent costs of designing, constructing and maintaining additional flood protection facilities or modifying existing structures may result. Additional multi-million dollar investments may be necessary. The DEIS does not adequately address these potential cumulative adverse impacts and costs to the City of Fort Collins and its stormwater rate payers, and is particularly deficient in meeting the regulatory criteria of Part 230.10(c)(1) and Part 230.11(b) promulgated under Section 404(b)(1). September 2, 2008 -11- Item No. 24 Recreation The Poudre River corridor in Fort Collins provides extensive riparian,riverine,wetlands habitat,and recreation opportunities. As noted above, the City owns 19 natural areas comprising 1,423 acres, 4 parks,and over 27 miles of trail associated with the Poudre River. Surveys have shown that there are over 500,000 visits annually to the natural areas alone. The City has invested over $8 million in its natural areas and trails along the river(not adjusted for inflation)and over$22 million in parks and trails (current value). In general, the DEIS concludes that there will be minor impacts to recreation on the Poudre River in Fort Collins. The City agrees that there will be impacts, but believes they will be moderate to major. For example,because high spring flows will—in most years,be significantly reduced by the proposed action,the river would no longer support a proposed kayak course,and it would probably not be built. Tubing, an increasingly popular activity, will be greatly affected by reduced flows. Because impacts to wildlife will be moderate to major,there will be a corresponding diminishment of wildlife viewing recreation and enjoyment. In the fall of 2007, Dr. John Loomis of Colorado State University conducted a scientific, peer- reviewed survey of Fort Collins households to determine the economic benefit (non-market valuation) of maintaining peak flows in the Poudre River through Fort Collins. A mailed survey questioned a random sample of 550 Fort Collins households (with an impressive response rate of 64%)and found that slightly more than two-thirds(66%)of the respondents thought a 50%reduction in flows was a very bad change with an additional 15%believing it would be a bad change. Thus,more than 80%of the households surveyed believe a 50%reduction in flows is a bad change. The same survey also found that three-fourths (-75%) of Fort Collins households surveyed have visited the Poudre River in town at least once, and more than half do so every year, with a median of six trips per person. Using a federally-accepted Contingent Valuation Method,the median value of$15 per visit per survey respondent was estimated. Given the six trips per person per year with a value of$15 per visit,this translates to an annual recreation value of$90 per year per household. When median and mean willingness to pay results are generalized to the percentage of households in Fort Collins that responded to the survey,the analysis yields an annual benefit of$8.5 million to $12.7 million with a present worth or value of these benefits in perpetuity estimated at$283 to$424 million. Respondents were asked how their visits to the Poudre River in Fort Collins would change if peak spring and summer flows were reduced by half. About one-third would visit less with the lower flows,5%would stop visiting altogether,and about half would not change their visits(the remainder currently do not visit and the lower flows would not change that). Combining all the responses yields an average reduction of 3.2 visits, with a median reduction of 2 fewer visits with a 50% reduction in flow. Given the reported current median visits is 6 trips per year, this is a substantial decrease (-33%) in the median number of visits made to the Poudre River if flows were cut in half. Given the economic value of$15 per visit, average annual recreation losses are between $30 and $48 per Fort Collins household and represent a—$1.3 million loss in recreation-related economic activity on an annual basis. (The DEIS concludes that there will be losses ranging from $300,000 to $1 million.) September 2, 2008 -12- Item No. 24 In summary, the Loomis analysis indicates a substantial economic and recreation value to Fort Collins households in maintaining current peak spring and summer flows in the Poudre River. It appears the value of these instream flows to Fort Collins residents is of significant magnitude even relative to the market value of the water. Further, the value of water in the Poudre River to the residents of Fort Collins is sufficiently high to suggest that additional water diversions from the Poudre River should occur downstream of Fort Collins even if this involves higher costs to diverters or reduced water yields to diverters. Finally, these non-market values are part of the ACOE National Economic Development (NED) assessment of benefits and costs and must be factored into the Corp's decision on whether or not to permit the proposed action and the mitigating measures that would be included in an approved permit. SOCIOECONOMICS With respect to socioeconomic impacts, the "Socioeconomic Resources Technical Report" of the DEIS concludes that: "All of the components of NISP action alternatives are located outside of community boundaries. No community cohesion, quality of life, or access impacts are associated with any of the action alternatives. " This statement is inaccurate. Although the construction of NISP facilities occurs outside of incorporated municipalities,reduced river flows impact a number of downstream urban communities (Laporte, Fort Collins, Timnath, Windsor, and Greeley) in multiple ways. This technical report excludes an assessment of socioeconomic impacts within those communities, and its categorical conclusion that there are no impacts is unsupported by any analysis. In fact, many City of Fort Collins'plans are predicated on a robust and healthy Poudre River ecosystem,with connections and access being made between the Downtown and the Downtown River Corridor and the North College Corridor. The impact of reduced flows on these connections is not assessed in the DEIS,and must be examined properly in a SDEIS. AESTHETICS The DEIS concludes that "Since aesthetic impacts are anticipated to be negligible, economic impacts are uncertain, but are expected to be similarly negligible. " No data or analysis is presented to support this conclusion. It represents solely the author's opinion and value system relative to "aesthetics". No effort was made to solicit the specific views of the general public or NEPA process stakeholders. Aesthetics was one of the issues identified in the public Scoping process,and yet this section of the DEIS fails to adequately address potential changes to the aesthetics of the City's Parks and Natural Area properties and trails adjacent to the Poudre River in light of reduced flows, subsequent changes to riparian vegetation and wildlife, and other factors outlined in the DEIS. The DEIS and the Northern Integrated Supply Project Environmental Impact Statement Scoping Report identify the issue of impacts to scenic resources from hydrologic changes. Section 4.3.18 (page 16)of the Scoping report contains the statement, "Impacts on the aesthetic value ofthe Cache la Poudre River from reduced flow were of interest." Despite these statements,the DEIS does not contain any assessment of impacts to scenic resources,including the Poudre River,from hydrologic September 2, 2008 -13- Item No. 24 changes. By limiting the scope of review to reservoir sites and U.S.287,the DEIS clearly does not meet the intent of the issues identified in Scoping nor the Visual Resources description. A SDEIS should provide a full assessment of the impacts of NISP on the visual resources of the River. CUMULATIVE IMPACTS The DEIS fails to identify numerous, reasonably foreseeable actions in the downtown area of Fort Collins. The DEIS does not identify,describe or address projects completed,underway or expected to occur, such as the Poudre River Enhancement Project (completed in October 2003), the Downtown River District Infrastructure Project,the Clean Energy Cluster and CSU's Engines and Energy Conversion Laboratory, and the Bohemian Foundation's Amphitheater/Music Venue. In addition,the DEIS incorrectly describes as "not considered reasonably foreseeable"the Discovery Science Museum project, and the Mason Street Corridor Improvements. A cumulative impacts analysis in a SDEIS should include an accurate and comprehensive list of reasonably foreseeable actions for downtown Fort Collins. MITIGATION The City believes that reduction in flows by 25-71% as stated in the DEIS will result in major adverse impacts to the Poudre River corridor through Fort Collins. Maintenance of existing flows, and/or enhancement of flows, would support a healthy,functioning, and dynamic river system that is a solid foundation for recreation, pleasing aesthetics, economic benefits and diverse wildlife. The DEIS over-emphasizes mitigation or purported mitigation to the detriment of avoidance and minimization measures. This approach fails to fulfill the Corps' duty under Section 404(b)(1). The DEIS proposes several mitigation measures relevant to the Poudre River. While some of the mitigation proposed in the DEIS (including management of in-channel and riparian vegetation, installation of in-stream structures to control sediment movement, and flow regulation/exchanges, etc.) may be useful and promote local desired effects, they are not likely to reduce the impacts of the proposed action to the level of non-significance. In addition,any proposed mitigation strategies that require the installation of structural measures on the river to control sedimentation would have their own direct and indirect impacts on the river which have not been analyzed and need to be addressed in a SDEIS. While the proposed mitigation measures are localized,the impacts from the proposed alternative are systemic. The City has serious concerns about the proposed mitigation because restoration efforts that"target small reaches through artificial measures are very costly, may require perpetual effort, and often fail" (Rood et al, 2003b). Finally, the "adaptive management" proposal emphasized in the DEIS is fundamentally flawed. This is in part because the assessment of the current resource condition is inadequate, as is the assessment of environmental consequences associated with the proposed alternative. Furthermore, the Corps must first seek to avoid and minimize harm, which it has not yet done. Spring flow reductions of 25—71%cannot be effectively mitigated. Strategies that avoid and lessen flow reduction impacts must be included in the DEIS. Future river planning endeavors must focus on restoration efforts designed to enhance the historical flow regime and to guarantee environmental flows. September 2, 2008 -14- Item No. 24 The following excerpt from a feature article in Environmental Management emphasizes the importance of the flow regime to river ecosystems: "Physical processes in streams and rivers largely are driven by the magnitude, intensity, duration, and frequency of water discharge in combination with the catchments lithology and streamside vegetation. Additionally,flow regularity as well as variations in amplitude,frequency, duration, base flow, and rate of change, is also ecologically significant... These characteristics provide the template for the ecological processes and are the underpinning of every major theoretical and conceptual advance made about the ecology of rivers in the last three decades." (Naiman et al., 2002) A suite of "overview" papers in the scientific literature has been written in the last decade attempting to advance the science of river management,protection,mitigation,and restoration. The following technical publications written by several of the world's leading river scientists should be considered prior to the process of developing avoidance,minimization and mitigation measures in a SDEIS and Revised 404(b)(1) analysis: • Legitimizing Fluvial Ecosystem As Users of Water: An Overview(Naiman et al, 2002) • The Natural Flow Regime;A Paradigm for River Conservation and Restoration(Poff et al., 1997) • Meeting Ecological and Societal Needs for Freshwater(Baron et al., 2002) • Entering an Area of Water Scarcity: The Challenges Ahead (Postel 2000) • Process-Based Ecogical River Restoration:Visualizing Three-Dimensional Connectivity and Dynamic Vectors to Recover Lost Linkages (Kondolf et al., 2006) • Ecology,Planning,and River Management in the United States:Some Historical Reflections (Reuss2005) • River Flows and Water Wars? Emerging Science for Environmental Decision-Making(Poff et al., 2003) • Landscapes to Riverscapes: Bridging the Gap Between Research and Conservation of Stream Fishes (Fausch et al., 2002) CLIMATE CHANGE AND AIR QUALITY The DEIS concludes that the proposed action would have impacts to air quality that are within levels that comply with the Clean Air Act and the National Environmental Policy Act. Those conclusions, however,are unsupported by any rigorous analysis. Projects of similar size around the country have exceeded air quality standards and have been required to perform in-depth conformity analyses in order for their projects to proceed. The DEIS brushes aside an analysis of climate change even though it acknowledges that it is foreseeable. The fact that there is uncertainty regarding the precise degree and effects of climate change does not excuse the Corps from analyzing this issue. The DEIS relies on a retrospective data set(1949 to 1999)to project its firm yield and makes no attempt to factor in uncertainty associated with climate change. It also neglects to include the last seven years of data during a period of drought, which may be more representative of future conditions that the data set the DEIS used. September 2, 2008 As- Item No. 24 ERRORS AND OMISSIONS There are various technical, procedural, logical errors, and omissions throughout the DEIS. These have been noted in the City's detailed comments. Several are detailed in this summary,for example in the Source Water Quality and Wastewater Treatment sections. ATTACHMENTS 1. June 10, 2008 Work Session Summary. 2. Answers to Council Questions from the June 10, 2008 Work Session. 3. Powerpoint presentation. ATTACHMENT Culture Parks Recreation and Environment 215 North Mason Street, V Floor PO Box 580 City of Fort Collins Fort Collins, CO 80522 970.416.2265 970221.6586-fax (cgovcom MEMORANDUM DT: June 12, 2008 TO: Mayor and Members of City Council TH: Darin Atteberry, City Manager Diane Jones,Deputy City Manager FR: Marty Heffernan, Director CPRE-4?TN Kevin Gertig, Water Resource and Treatment Manager k(;- RE: June 10, 2008 Work Session Summary—NISP Update Staff provided an overview of their preliminary analysis of the draft environmental impact statement(EIS) for NISP. Staff reviewed possible impacts of NISP to the City's drinking water supply, to our wastewater treatment facilities, to the river environment and to economic, aesthetic, recreation and quality of life concerns. Staff also highlighted deficiencies in the draft EIS and concerns regarding proposed mitigation. Staff wanted to know if their preliminary analysis met Council's expectations and if there were any areas of concem that had not been addressed. Council indicated staffs preliminary analysis did meet their expectations and covered the areas of concern. Council had a number of questions about the TCE groundwater contamination in the vicinity of the proposed Glade Reservoir and how NISP may increase the risk of the TCE contaminating the Poudre River or Horsetooth Reservoir. Council also discussed the possible benefits of NISP to Fort Collins citizens,particularly those served by the Fort Collins-Loveland Water District. Council asked that impacts to local businesses from NISP be included in the analysis of economic impacts. A Council member asked if staff had looked at mitigation strategies, including ones that may provide improved stream flows throughout the year. Staff does not have the time or resources to analyze possible mitigation measures presently but would follow Council's direction in this regard if the needed time and resources are available. Council asked staff to follow-up on the following questions: 1. What is the Chronic Standard for the month of June and what might it be, looking out into the future? 2. What are the ecological (specifically to fish and other aquatic species) impacts from increased temperature and reduced stream flow? 3. Please provide a sense of scale of the size of the TCE plume(sq. footage, surface area, depth) 4. In the Fort Collins-Loveland Water District,how much of that area is undeveloped? How many new residential units will be served by NISP? What is the benefit of NISP to Fort Collins residents served by this District? ATTACHMENT2 jCulture,nureParks Recreation and nvironment 5 North Mason Street,31°Floor (MC1031 O Box 580 City of Fort Collins rt Collins,5 80522 0.416.22650.221.6586-fax govcom MEMORANDUM DT: June 19, 2008 TO: Mayor and City Council Members TH: Darin Atteberry, City Manager FR: Marty Heffernan, Director of CPRE/*is ff Kevin Gettig, Interim Water Production Manager KEr RE: Answers to Council Questions from June 10th Work Session on NISP Ql. What is the Chronic Temperature Standard for the month of June and what might it be looking out into the future? Al. The chronic temperature standard for the mainstem of the Cache La Poudre River from the Monroe Gravity Canal/North Poudre Supply Canal to the diversion to Shields Street (Segment 10) is as follows: June - September= 17.0 degC October-May=9.0 degC Compliance with the chronic temperature standard is determined by calculating the "Maximum Weekly Average Temperature(MWAT)". MWAT is the largest mathematical mean of multiple,equally spaced,daily temperatures over a seven-day consecutive period, with a minimum of three data points spaced equally through the day". The standard states that the MWAT shall not exceed the chronic temperature standard more than once in three years. Q2. What are the ecological(specifically to fish and other aquatic species) impacts from increased temperature and reduced stream flow? A2. Increased temperatures could create uninhabitable conditions for cold water fish species and many aquatic insects. Increased temperatures can alter other water quality parameters such as pH, dissolved oxygen and the availability of nutrients and pollutants, which could adversely affect aquatic species. Reduced steam flow could lead to greater fine sediment deposition. This would reduce habitat diversity for all aquatic species and degrade spawning habitat. This could create unfavorable conditions to native invertebrates and lead to increased filamentous algae. The cumulative impact is a reduction in the variety and abundance of aquatic life in the river. Q3. Please provide a sense of scale of the size of the TCE plume (sq. footage, surface level, depth) A3. The TCE-contaminated groundwater is between 25 and 80 feet below the ground surface. The volume is estimated to be 5.3 million gallons. For comparison, that is enough water to fill over eight Olympic-sized swimming pools. This information comes from the April 2007 ACE Report: CKY, Inc., 302 West 5th St., Suite 310, San Pedro, CA 90731; April 2007: "Final Feasibility Study Report,F.E. Warren AFB Former Atlas E Missile Site 13" Laporte, Colorado; Army Corps of Engineers Omaha District; Project 9001; Contract: DACA45-03-R-0019-0001 Also see attached information sheets regarding TCE. Q4. In the Fort Collins/Loveland Water District, how much of that area is undeveloped? How many new residential units will be served by NISP? What is the benefit of NISP to Fort Collins residents served by the District? A4. It has been projected that by the year 2035 there will be about 15,000 households within both the City of Fort Collins Growth Management Area(GMA) and the FCLWD. This is about 17% of the estimated 89,000 households that will be in the GMA at build- out. New growth is projected to be about 6,000 households within the boundaries of both the GMA and the FCLWD by 2035. Of these, about 2,000 households will likely be served with water turned into the Fort Collins Water Utility and subsequently returned to FCLWD customers through an existing water sales agreement. This would leave approximately 4,000 households that will need to get their water from other sources, potentially from NISP. Using these assumptions, about 5% of Fort Collins households would be the beneficiary of NISP water. If it is assumed that the NISP water was spread among all FCLWD customers within the GMA, then about 17% of City residents would be receiving some benefits from NISP water. FCLWD has a firm yield goal of obtaining 3,000 AF/Yr from the NISP project. If this 3,000 AF is apportioned between new growth inside the GMA and outside the GMA, then approximately 1,600 AF would be used by Fort Collins citizens. This is approximately 4% of the total 40,000 AF of firm yield being projected for NISP. Q5. What is the cost to the average Fort Collins citizen for increased/advanced water treatment of NISP water? A5. The FCWTF is a conventional treatment plant. The FCWTF and its improvements over the years were designed to provide removal of TOC, pathogens, turbidity, manganese, and geosmin at concentrations that have historically been present at the existing diversion/intake structures. The most recent major upgrade to the FCWTF was completed in 2000 at a cost of$22.7 million. If the water quality in Horsetooth Reservoir is degraded, annual treatment costs will increase and advanced treatment processes, with associated capital and annual operation and maintenance (O&M) costs, may be required. An analysis of costs associated with treating Horsetooth Reservoir water that might be degraded as a result of the Glade-to-Horsetooth pipeline was conducted by CH2MHi11 (2006). Although these cost estimates will require refinement after more thorough and rigorous modeling of Glade and Horsetooth Reservoirs is conducted, they provide insight into the potential economic impact to water treatment at the FCWTF. TOC removal and DBP formation both depend on the nature, composition, structure, and reactivity of the various organic compounds that make up the TOC in the raw water. If the conventional treatment processes currently present at the FCWTF can remove the increased TOC to meet regulations, internal goals, and customer expectations (for both TOC removal and disinfection byproduct(DPB) formation), the added cost to the FCWTF will be for the higher chemical doses (alum and lime)plus the cost for increased solids handling due to the higher solids production. For this case, CH2MHi11 (2006) estimated that the additional annual operating costs associated with treating water with higher TOC concentrations is approximately$40,000 (annual additional alum, lime, and solids handling costs). Note that this value is in 2006 dollars and alum costs have increased by 33%in 2008 alone. Fuel costs have also increased significantly in 2008 which impacts chemical delivery and solids handling costs. If the existing conventional treatment processes cannot provide for TOC removals that are adequate to meet regulations, internal goals, and customer expectations for TOC removal and DBP formation, an advanced treatment process such as granular activated carbon (GAC) will be required. The cost estimate for a GAC system(including GAC contactors and associated pump stations) includes a capital cost of$56.3 million and an annual O&M cost of$1.9 million, both in 2006 dollars (CH2MHill, 2006). Costs were also estimated by CH2MHill (2006) for ITV disinfection and ozone/advanced oxidation in case additional modeling and monitoring indicate that other potential water quality issues (pathogens, geosmin, and algal toxins) must also be addressed by the FCWTF as a result of the Glade-to-Horsetooth pipeline. Capital costs for a iJV disinfection system were estimated at $12.9 million with an annual O&M cost estimate of $448,000. Capital costs for an ozone/advanced oxidation system were estimated at $20.8 million with an annual O&M cost estimate of$544,000 (all costs expressed in 2006 dollars). Draft Environmental Impact Statement Northern Integrated Supply Project September 2 , 2008 Overview The Northern Colorado Water Conservancy District (NCWCD) and project participants applied for a 404 permit for NISP . A draft Environmental Impact Statement (DEIS) was prepared by the Army Corps of Engineers (Corps) to determine possible impacts of the project on the environment and community F�t Overview • The Corps published the draft EIS on April 30th and provided a 90 -day comment period and then a 45-day extension until September 13tn • City staff with outside expert assistance have developed extensive comments on the DEIS F�t Overview • Staff will present a summary of findings and a recommendation • Pending Council approval of a resolution , the full text of comments will be released on or near the September 13 due date and will be posted to the City' s web site F�tf Overview • A DEIS is intended to disclose environmental and other impacts • Next steps in the process include a detailed Corps review of comments from the public • Corps will decide to proceed with the current draft , or it may decide that a supplemental DEIS is required F�t City Team • 26 members • 9 PhDs , multiple Master' s , PE ' s and JD ' s • Decades of professional and practical experience operating safe and extremely high standard water systems and managing natural resources • Environmental expertise • Engineering expertise • Scientific expertise • Legal and procedural expertise F�tf Purpose and Scope of Review • To understand the impacts from the proposed action • To determine if the impacts were properly analyzed ATTACHMENT 3 and disclosed • Scope limited to the proposed action and its impacts to City of Fort Collins interests Fit,f Overall Findings • Impacts to the City are likely to be substantial • In general , the impacts are not properly analyzed or disclosed by the DEIS • The DEIS has numerous errors and omissions and relies on incomplete or non-existent data or analysis to form conclusions • Mitigation , where it exists , is vague , non-binding , and crippled by an inadequate impacts analysis ATTACHMENT 3 Recommendation • owes * the proposed resolution instructing the City Manager to send detailed comments to the Corps by September 13t" • To express the City' s opposition to the proposed action as it is described in the DEIS • To request a supplement Environmental Impact Statement from the Corps Fit,f City Comments Broad Themes • Source Water Quality Impacts • Wastewater Impacts • Environmental and Other Impacts F�tf Source Water Quality Impacts • Glade Reservoir to Horsetooth Reservoir delivery of lower quality water related to Total Organic Carbon (TOC ) • Could degrade City' s source water quality • Current estimates for additional treatment range from $ 50 to $ 90 million in capital costs and $3 million annual operating costs Fit,f Wastewater Treatment Impacts • The proposed action will substantially reduce Poudre River flows • Reduced flows will degrade water quality • These changes could require installation of advanced wastewater treatment facilities at Mulberry and Drake • Current estimates for additional treatment range from $ 75 to $ 125 million in capital costs and significant annual operating costs F�t Environmental and other Impacts • Substantially reduced flows are likely to change the extent and character of wildlife and vegetation on the Poudre River through town • Reduced flows are likely to negatively impact recreation and overall visitor experience • Reduced flows may change the profile of the river and increase flood risk F�t�1 Comment Themes • Source Water • Wastewater Treatment • Groundwater contamination —Trichloroethylene (TCE ) • Riparian Vegetation and Wetlands • Aquatic Habitat Quality and Life • Terrestrial Wildlife • Sedimentation • Air Quality and Climate Fit,f Comment Themes • Recreation • Socioeconomics • Aesthetics • Cumulative Impacts • Mitigation • Errors and Omissions F�tf Deficiencies ATTACHMENT 3 • The DEIS fails to adequately analyze impacts • The DEIS uses incorrect data to support its findings • The DEIS fails to use data or scientific literature to support its findings • Mitigation is inadequate or non-existent and impossible to describe in the absence of a good impacts analysis Source Water • DEIS analysis of TOC threat to Horsetooth Reservoir is inadequate , it uses one year of water quality data to make long -term quantitative projections • Incorrectly assumes instantaneous and complete mixing of Glade water with Horsetooth water • DEIS fails to properly analyze the potential need for a Glade to Horsetooth Reservoir pipeline F�tf Source Water • DEIS fails to identify avoidance measures as required by NEPA and the Clean Water Act • The DEIS proposes to defer analysis of the TOC — Horsetooth Reservoir issue for unspecified future monitoring or to delegate its obligations under NEPA ATTACHMENT 3 and the Clean Water Act to the Bureau of Reclamation , which has no role under the Clean Water Act in defining water quality standards Fit,f Wastewater • DEIS excludes the Drake water reclamation facility from its analysis • The DEIS fails to use industry accepted standard methods for assessing potential impacts to Drake and Mulberry • DEIS claims water temps will decrease ; in other places it claims they will increase F�tf 10 Trichloroethylene (TCE ) • No seasonal groundwater modeling • Glade will increase groundwater levels in the TCE plume area • Poudre River flows will be reduced • Net effect will be to push TCE plume into the Poudre River due to increased gradient F�t Vegetation • The DEIS incorrectly concludes , based on very limited field data , that there will be "no loss" of riparian/wetland vegetation ; in other places it concludes there will be minimal losses • Conclusion based on five days of field observation over 50 river miles over a period of 2 years • No groundwater monitoring • No identification of jurisdictional wetlands on the Poudre River • Conclusion completely unsupported by the scientific literature FL tf� Wildlife • DEIS describes impacts to wildlife along the Poudre River only once in a subsection entitled : "Temporary Impacts" • The DEIS has a cursory description of wildlife in the riparian corridor that mentions waterfowl , there is no mention of the 223 species of birds found on the Poudre River Fit,f ATTACHMENT 3 Sedimentation • DEIS fails to adequately address the potential for increased sedimentation and channel constriction • There is a danger from increased base flood elevations • Major implications for structures , FEMA mapping , and flood co24 ntrol infrastructure F�tf 12 ATTACHMENT 3 POUDRE RIVER FLOODPLAIN • EXISTING CONDITION E 100-year Floodplain • - b . nk� Channel bverbank 25 POUDRE RIVER FLOODPLAIN • POTENTIAL CHANGE Sed 100- ear � Wider Floodplain r Rise , 1 � • .z, • Vegetation26 Growth FL tf� 13 Recreation • Reduced flows will affect recreation • Dr. John Loomis report found that a 50 % reduction in flows will reduce visitation by one-third • Lower flows make it unlikely that a watercraft course can be constructed • Impacts to wildlife will reduce wildlife watching opportunities Fit,f Socioeconomic "All of the components of NISP action alternatives are located outside of community boundaries. No community cohesion, quality of life, or access impacts are associated with any of the action alternatives. " (NISP Socioeconomic Resources Technical Report , Section 5. 1 . 2) FL tf� Socioeconomics ATTACHMENT 3 • This statement is incorrect • Impacts from the proposed action will be felt in Fort Collins as well as other communities • An SDEIS is needed to properly address quality of life impacts Fit,f Mitigation • Mitigation proposed in the DEIS is vague , non - binding , and weak • First obligation is avoidance , then minimization , and finally mitigation • Limited specific mitigation measures are proposed in the DEIS and much of the DEIS relies on "adaptive 15 management" • Adaptive management is the weakest form of mitigation F�tf Recommendation • To adopt the proposed resolution instructing the City Manager to send detailed comments to the Army ATTACHMENT 3 Corps by September 13tn • To express the City' s opposition to the proposed action as it is described in the DEIS • To request a supplement Environmental Impact Statement from the Army Corps of Engineers 16 Fit,f RESOLUTION 2008-082 OF THE CITY OF FORT COLLINS DIRECTING THE CITY MANAGER TO SUBMIT TO THE U.S. ARMY CORPS OF ENGINEERS COMMENTS ON THE DRAFT ENVIRONMENTAL IMPACT STATEMENT ("DEIS") FOR THE NORTHERN INTEGRATED SUPPLY PROJECT ("NISP") AND EXPRESSING THE CITY COUNCIL'S OPPOSITION TO NISP AS DESCRIBED IN THE DEIS WHEREAS,the Northern Colorado Water Conservancy District(the"District")is seeking approval ofa large water storage and supply project known as the Northern Integrated Supply Project ("NISP"); and WHEREAS, in order to move forward with the necessary permitting for NISP,the District is required by the National Environmental Policy Act ("NEPA") to complete an environmental impact review process, conducted in this case by the U.S. Army Corps of Engineers (the "Corps") as the permitting agency under the federal Clean Water Act; and WHEREAS, as part of the review process, the Corps on April 30, 2008, issued a draft Environmental Impact Statement("DEIS") describing the "proposed action" and three alternative projects,and the environmental impacts associated with each,and providing for submission ofpublic comment up to September 13, 2008; and WHEREAS, the proposed action involves the construction of a new reservoir to the northwest of Fort Collins near the mouth of the Cache la Poudre River ("Glade Reservoir") and related projects; and WHEREAS, at the direction of City Council, City staff has undertaken a thorough and detailed technical analysis of the DEIS primarily as it pertains to the proposed action and its direct impacts in Fort Collins and to the City; and WHEREAS, based on the efforts of City staff, working with the assistance of outside technical experts, the City has concluded that the DEIS is substantially deficient in its analysis of potential impacts to the City; and WHEREAS,the City's review has identified major adverse impacts that the proposed action would have upon that portion of the Cache la Poudre River that flows through Fort Collins and is a focal feature of the City's Downtown River Corridor Project,and upon other short-term and long- term City interests, plans and projects; and WHEREAS, based on its thorough and detailed analysis, the City also believes that the proposed action as described in the DEIS will have profound and detrimental impacts upon associated aquatic and terrestrial plant and animal populations; the use and value of recreational facilities,parks,natural areas and other public assets on or near the river in Fort Collins;the quality of City drinking water sources and supply, City wastewater treatment operations and restrictions, stormwater and floodplain mapping and requirements in the Poudre River Basin;quality of life and economic development in the City; and other matters of concern to the City; and WHEREAS, such impacts to the City's economic plans, its quality of life, and in particular to the City's drinking water sources and supply and wastewater treatment operations could cause one-time damages in excess of$200 million and ongoing costs of millions of dollars annually; and WHEREAS, in the course of its review of the DEIS, the City has identified data gaps, insufficient analyses, and technical inconsistencies and significant errors in the DEIS that call into question and undermine important conclusions in the DEIS; and WHEREAS, to the extent reasonably possible in view of these data gaps, limitations, and errors,the limited time for review of the DEIS,and the lack of information and description provided in some portions of the DEIS pertaining to the proposed action, City staff has outlined major comment themes (the "Comment Themes") as the basis for a formal comment document to be prepared and submitted to the Corps by its September 13, 2008, deadline, as more specifically described on Exhibit"A", attached hereto and incorporated herein by this reference; and WHEREAS, in order to maximize the amount of staff time available to further develop, refine,and finalize the comments to be submitted to the Corps,the City Manager has requested and recommended that the Council approve the Comment Themes as the general basis for the comments to be submitted to the Corps, recognizing that staff s ongoing work will produce a better refined, more comprehensive and technically detailed explanation of the Comment Themes,and the primary and other issues within each Comment Theme,and additional related matters identified as concerns regarding the DEIS; and WHEREAS,the Council has reviewed the preliminary review information at the Council's December 11, 2007, and June 10, 2008, work sessions, and at this September 2, 2008 regular meeting, and has considered the Comment Themes and supporting information provided by staff, and supports the approach that the City Manager has recommended; and WHEREAS, it is clear from the Comment Themes, the DEIS, and staff s analysis that the DEIS is substantially deficient and that a Supplemental Draft Environmental Impact Statement must be prepared by the Corps in order to meet the requirements of NEPA and the federal Clean Water Act; and WHEREAS, in view of the significance of the impacts that NISP would have upon the City and the Fort Collins community, it is in the City's best interest to comment upon the DEIS and the proposed action and to carefully monitor the response to the City's comments and other comments submitted. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: -2- Section 1. That the City Council opposes NISP as it is described and proposed in the DEIS and also opposes any variant of NISP that does not address the City's fundamental concerns about the quality of its water supply and the effects on the Cache la Poudre River through the City, which are critical to the City's quality of life, health, economic development and environment. Section 2. That the City Manager is hereby authorized and directed to further develop, refine and finalize formal comments for submission to the Corps that are consistent with and that build upon the Comment Themes and this Resolution, and to submit those comments to the Corps in response to the NISP DEIS in accordance with the deadline for such submission. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd day of September A.D. 2008. Mayor ATTEST: City Clerk -3- EXHIBIT "A" SUMMARY OF COMMENT THEMES NISP DRAFT EIS 1. WATER MANAGEMENT ISSUES - Source Water Quality Issue: Deliveries to Horsetooth Reservoir from the Glade-to-Horsetooth pipeline for NISP have the potential to degrade water quality at the Fort Collins Water Treatment Facility intake at Soldier Canyon Dam. 2. WATER MANAGEMENT ISSUES - Wastewater Treatment Issue: Reduced flows in the Cache la Poudre River and degradation of water quality in the River due to NISP may force the City to design, operate, and maintain, "advanced wastewater treatment systems"at great expense. 3. WATER MANAGEMENT ISSUES - Trichloroethylene (TCE) Groundwater Contamination Issue: TCE contaminates groundwater near the Glade pumping site and NISP may cause TCE to contaminate public drinking water supply and/or the Cache la Poudre River. 4. ENVIRONMENTAL ISSUES - Riparian Vegetation and Wetlands Issue: Reductions in annual Spring flows in the Cache la Poudre River of from 25% to 71% are expected to have a significant detrimental impact on the riparian vegetation in the River corridor through Fort Collins. 5. ENVIRONMENTAL ISSUES -Aquatic Habitat Quality and Aquatic Life Issue: The hydrologic, geomorphic, and water quality changes from NISP are expected to have a significant detrimental impact on fish and aquatic insects in Fort Collins. 6. ENVIRONMENTAL ISSUES - Terrestrial Wildlife and Bird Species within the Poudre River Corridor Issue: The DEIS and Wildlife Technical Report fail to adequately identify and analyze the potentially significant impacts the proposed action could have on terrestrial wildlife and bird species within the Cache la Poudre River's riparian corridor. 7. ENVIRONMENTAL ISSUES - Loss of River Channel Capacity through Sedimentation Issue: Increased sedimentation of the Cache la Poudre River through Fort Collins is expected to reduce river channel flood capacity. 1 of 2 8. RECREATION ISSUES Issue: Reduced flows in the Cache la Poudre River, and the effects on the River corridor from reduced flows, are expected to have a significant detrimental impact on recreation along the River, including boating, tubing, fishing, walking, biking, running, hiking, and nature and wildlife viewing. 9. AESTHETIC AND SOCIOECONOMIC ISSUES—Aesthetics Issue: Reduced flows in the Cache la Poudre River, and the effects on the River corridor from reduced flows, are expected to have a significant, detrimental impact on the aesthetics of the River corridor. 10. AESTHETIC AND SOCIOECONOMIC ISSUES - Socioeconomics Issue: The DEIS does not address socioeconomic impacts NISP would have on Fort Collins (other than recreation), which may be significant and are expected to be detrimental. 11. CUMULATIVE IMPACTS Issue: The DEIS section on "Reasonable Foreseeable Actions" does not identify or consider several important Fort Collins projects, such as the Discovery Science Museum, the Mason Transportation Corridor, and other planned improvements that have a relationship to the River. 12. MITIGATION Issue: The DEIS does not develop sufficient information regarding impacts to predict impacts in a meaningful way, hindering consideration of avoidance, minimization and mitigation of impacts. The DEIS offers mitigation ideas but insufficient information to allow evaluation of those ideas. The mitigation approaches that are suggested in the DEIS have not been sufficiently analyzed to know whether they will effectively address the concerns they are intended to address. Moreover, the DEIS fails to offer any mitigation measures at all for several of the City's concerns. 13. CLIMATE CHANGE AND AIR QUALITY IMPACTS Issue: The analysis of climate change and air quality impacts from NISP in the DEIS is inadequate, and the DEIS does not sufficiently characterize or address these impacts. 14. ERRORS AND OMISSIONS Issue: The DEIS contains other technical,procedural and logical errors and omissions that impact the validity and sufficiency of the conclusions. 2of2