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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/21/2009 - RESOLUTION 2009-033 AUTHORIZING REVOCABLE PERMITS ITEM NUMBER: 20 AGENDA ITEM SUMMARY DATE: April 21, 2009 FORT COLLINS CITY COUNCIL STAFF: Lindsay Kuntz SUBJECT Resolution 2009-033 Authorizing Revocable Permits to ERO Resources Corporation for the Installation of Groundwater Monitoring Wells on City Property for Use in Evaluating the Environmental Impacts of the Northern Integrated Supply Project and the Halligan-Seaman Water Management Project. RECOMMENDATION Staff recommends adoption of the Resolution. At its April 9,2009 meeting,the Land Conservation and Stewardship Board recommended approval of the Resolution. FINANCIAL IMPACT The City is not charging for the revocable permits because the monitoring well locations will not interfere with the use of the City-owned property, and the wells may be useful to the City in the future for monitoring of groundwater quality along the Poudre. EXECUTIVE SUMMARY As part of the Northern Integrated Supply Project (NISP) Environmental Impact Statement (EIS) and the Halligan-Seaman Water Management Project (HSWMP), groundwater monitoring is necessary along certain areas of the Poudre River. ERO Resources Corporation is the third-party contractor for the NISP EIS and has requested that the City grant permission to enter various parcels owned by the City to install monitoring wells to conduct periodic groundwater monitoring. BACKGROUND As part of the NISP EIS and the HSWMP,groundwater monitoring is necessary along certain areas of the Poudre River. ERO Resources Corporation(ERO) is the third-party contractor for the NISP EIS and is also working under the direction of the U.S. Army Corps of Engineers to develop a common technical platform for certain resources along the mainstem of the Poudre River for the NISP and Halligan-Seaman Water Management Project EISs. More specifically,ERO is developing an integrated approach to address aquatic life, channel morphology, and riparian and wetland resources along the mainstem of the Poudre River. With the assistance of the U.S. Geological April 21, 2009 -2- Item No. 20 Survey, the EIS team has selected six study sites on the mainstem of the Poudre River from near Watson Lake to the confluence with the South Platte River. Two of the study sites occur on property owned by the City of Fort Collins. One location is on the northwest corner of Lee Martinez Park and across the river in Salyer Natural Area. The second location is on the Strauss Cabin reach of the Poudre River near the end of Horsetooth Road and west of the River. The groundwater monitoring wells will be monitored in 2009 to determine relationships between river flows and stage and ground water elevations in riparian and wetland areas bordering the Poudre River, and will remain in place for two to three years. The information gathered will be used to estimate the effect to ground water levels and riparian and wetland resources associated with the Poudre River and changes in streamflows that would be caused by NISP and the HSWMP. FRO has requested that the City grant permission to enter the two locations described above to install and collect samples from the monitoring wells. ERO will coordinate with City staff to locate the wells in a manner that minimizes impacts to the property. There will be approximately 8 to 10 ground monitoring wells installed at each location. The spacing of the wells will be variable depending on topography and the width of the riparian zone and the depth of the wells will be about five feet below groundwater,but will not exceed 30 feet. All of the wells will be registered and permitted with the Colorado State Engineers Office. Upon completion of the project or when the wells are no longer needed,ERO has agreed that the wells will be plugged and abandoned in accordance with State rules and regulations for water well construction unless the City requests otherwise. Sampling will be performed every few months and a complimentary copy of the lab results will be made available to the City. Staff from both the Parks and Natural Areas departments have reviewed and approved the proposal. ATTACHMENTS 1. Location Map 1 - Overview of location of wells. 2. Location Map 2 - Lee Martinez Park area. 3. Location Map 3 - Strauss Cabin area. 4. Land Conservation and Stewardship Board minutes, April 8, 2009. / Well Placement Locoton f� • 4 Iw,■aak.aa■■a. 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Its ! 1. .�. 1 FO 1 � OJ 1 . � .. `,Yam. -lp.�y .. � ::�I��_• • Yµ Y ``. i.! �Ji `'.:L\-~ ITN '1•t..q,J'•••w '.� •�/ •R ► T �. s � -fir '`t •- � • �. 1 l S2. 4 f � ~r r•. p• ATTACHMENT 4 46 Land Conservation & Stewardship Board Wednesday, April 8, 2009 Excerpt - Conveyance of a Revocable Permit ERO Resource Corporation • Sears: As part of the Northern Integrated Supply Project (NISP) environmental impact statement (EIS) and the Halligan-Seaman Water Management Project (HSWMP), groundwater monitoring is necessary along certain areas of the Poudre River. ERO Resources Corporation (ERO) is the third-party contractor for the NISP EIS and has requested that the City of Fort Collins grant permission to enter various parcels owned by the City to install eight monitoring wells to conduct periodic groundwater monitoring. • Gaughan: Is part of the agreement to share the data, you may want to ask. • Stanley: This is a third party contractor with EIS; does this mean that Northern Colorado Water Conservancy hired them? • Sears: It is through the Corp of Engineers. • DeBell: It means they are paid by the people trying to do the project, but they are managed by the Corp of Engineers. • Grooms: Why are they installing them? • Sears: To monitor the ground water elevation, and then in someway to try to predict the impact the reduction in flow, in the spring, would have on the Poudre River. • Stanley: Does someone from the City feel that these are good sites? Is it up to the City to say that? Will the Natural Areas do their own monitoring? • Sears: I'm not sure if we have a say one way or the other as to whether these are appropriate sites for monitoring or not. I am not aware of whether or not we are monitoring on our own, however we have hired consultants. • Gaughan: Is this monitoring request going through the City engineer's office for their review? • Sears: We may not have hydraulic engineers on staff to review this request. • Grooms: If the city pushed back and said that we will not let you put these wells here, what are the indications on that? • Sears: I'm sure we are pushing them to get more data and research these impacts. Gaughan moved to recommend that City Council approve a Revocable Permit to ERO Resource Corporation for the installation of groundwater monitoring wells on City property in relation to the Northern Integrated Supply Project and the Halligan-Seaman Water Management Project. Ellis second. It was unanimously approved. RESOLUTION 2009-033 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING REVOCABLE PERMITS TO ERO RESOURCES CORPORATION FOR THE INSTALLATION OF GROUNDWATER MONITORING WELLS ON CITY PROPERTY FOR USE IN EVALUATING THE ENVIRONMENTAL IMPACTS OF THE NORTHERN INTEGRATED SUPPLY PROJECT AND THE HALLIGAN-SEAMAN WATER MANAGEMENT PROJECT WHEREAS, the City is the owner of certain parcels of real property (the "Properties") located in Larimer County, Colorado, as identified on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, ERO Resources Corporation ("ERO") is conducting a series of groundwater monitoring investigations as part of the Northern Integrated Supply Project ("NISP") and the Halligan-Seaman Water Management Project ("HSWMP"); and WHEREAS, ERO has requested revocable permits to enter onto the Properties for the purpose of installing monitoring wells and conducting periodic groundwater testing as part of the environmental impact statement for the NISP and HSWMP Projects (the "Revocable Permits"); and WHEREAS, ERO has indicated that during the installation and utilization of the monitoring wells, they will use a technology and methodology that minimally impacts the environment and detracts very little from the park or natural areas setting or function; and WHEREAS, City staff has reviewed ERO's request, and believes that the proposed monitoring wells and periodic groundwater monitoring will not interfere with or adversely affect the Properties, based on current expectations; and WHEREAS, as a condition of the Revocable Permits, ERO will be required to repair any damage to the Properties outside of the monitoring well location as indicated on Exhibit "A"; and WHEREAS, Article XI, Section 10, of the Charter of the City of Fort Collins authorizes the Council to permit the use or occupation of any street, alley, or public place, provided that such permit shall be revocable by the Council at its pleasure, whether or not such right to revoke is expressly reserved in such permit. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to execute such documents as are necessary to grant the Revocable Permits to ERO Resources Corporation, consistent with the terms of this Resolution, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, deems necessary or appropriate to protect the interests of the City or to effectuate the purposes of this Resolution, including any necessary changes to the description of the permit areas, as long as such changes do not materially increase the size or change the character of the permit areas. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21 st day of April A.D. 2009. Mayor ATTEST: City Clerk Exhibit "A" Location#1: Portions of parcel numbers 97024-20-915,97024-31-903,97024-28-901,97024-27-901,and 97024- 29-901, collectively known as Lee Martinez Park and McMurray Natural Area. Location#2: Portion of parcel number 87272-00-926 also known as Archery Range Natural Area.