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HomeMy WebLinkAboutMemo - Mail Packet - 6/8/2021 - Memorandum From Eileen Dornfest Re: Halligan Water Supply Project: 2021 Briefing BookNovember 2, 2017 Cody Wheeler, Regulatory Project Manager U.S. Army Corps of Engineers Denver Regulatory Office 9307 S. Wadsworth Blvd. Littleton, CO 80123 RE: Our support for consideration of the Halligan Water Supply Project’s potential downstream flow benefits under Section 404 of the Clean Water Act. Dear Mr. Wheeler: Western Resource Advocates writes in regard to the potential of the Halligan Water Supply Project (“Halligan Project”) to improve base flows in a chronically dry and fragmented reach of the North Fork of the Cache La Poudre River in northern Colorado. The U.S. Army Corps of Engineers (Corps) held scoping meetings for the proposed Halligan Project in 2006. 1 The Corps is currently developing its Draft Environmental Impact Statement (DEIS) for the Halligan Project. Western Resource Advocates urges the Corps to conduct a comprehensive review of the potential aquatic impacts and benefits, including benefits to wetlands and downstream aquatic resources, of the City of Fort Collin’s proposed Halligan Project under Section 404 of the Clean Water Act as part of its development of the DEIS. Western Resource Advocates is a non-profit regional research and advocacy organization whose mission is to protect the air, land, and water of the American West. We help communities restore rivers, protect aquatic ecosystems, and advance environmentally sustainable management of the West’s scarcewater resources. Western Resource Advocates’ members and employees are located throughout the arid and semi-arid states of the Interior West. In our 2011 report, Filling the Gap: Commonsense Solutions for Meeting Front Range Water Needs, Western Resource Advocates and two other co-authoring organizations identified the Halligan Project as an “Acceptable Planned Project.”2 This designation means that a proposed water supply project generally follows our “Smart Principles” of water supply management and development.3 In particular, the design of the Halligan Project adheres to the Smart Principles by: Expanding upon an existing mainstem dam, rather than constructing an entirely new dam. Utilizing agricultural water rights acquired as a result of municipal growth onto irrigated lands, thereby avoiding significant new depletions in the Cache La Poudre Basin. 1 See 71 Fed. Reg. 5250 (Feb. 1, 2006). The Corps separated its consideration of the Halligan and Seaman Water Management Projects in 2015. 80 Fed. Reg. 6064 (Feb. 4, 2015). 2 Available at https://westernresourceadvocates.org/publications/filling-the-gap-front-range/. 3 Id. at 11-12 (listing the Smart Principles). 2 Storing water native to the North Fork of the Cache La Poudre River, rather than importing it from the Colorado River Basin. However, in the report we noted that we want to see the Halligan Project participants(1)implement urban conservation measures before building the project, and (2) protect and restore flows in the North Fork of the Cache La Poudre River, and the Poudre River. Since 2011, the City of Fort Collins has made significant progress towards meeting both of these goals. With respect to conservation, the City invested in promoting and incentivizing water conservation, which led to the City’s water demands declining from about 200 gallons per capita per day (gpcd) in 2000 to an average of 147 gpcd over the past five years. Meanwhile, the City updated its planning policies to promote additional conservation. In 2012, the City revised its per capita demand planning level to 150 gpcd, which is significantly less than the 185 gpcd level adopted in 2003. The City’s 2015 Water Efficiency Plan targets 130 gpcd by 2030. This conservation enabled the City to significantly reduce its portion of water supply needed from the proposed enlargement of Halligan Reservoir from 12,000 acre-feet to 8,100 acre-feet. This sort of redesign of a project based upon more aggressive, yet achievable, water conservation targets epitomizes the “conservation first” approach in the Smart Principles. The City also proposes to significantly improve aquatic habitat on 22 miles of the North Fork of the Cache La Poudre River downstream of Halligan Reservoir as part of the Halligan Project. Under existing hydrology, portions of the North Fork routinely dry up in both summer and winter. This problem is particularly acute below the North Fork Canal diversion dam in Phantom Canyon, as illustrated by modeling completed for the City of Fort Collins where under current conditions the river experiences dry days in 197 out of 660 months, or nearly one-third of months, between water years 1955 and 2005without the Halligan Project. Modelingresults with the City’s proposed Halligan Project operations, including a 5 c.f.s. summer base flow release and 3 c.f.s. winter base flow release, show the potential for the project to eliminate zero flow days in all but the driest years. In addition, aquatic habitat in the North Fork of the Cache La Poudre River is currently severed by two significant diversion structures in Phantom Canyon: the North Fork Canal diversion dam and the Calloway diversion dam. As a part of the Halligan Project, the City plans to improve habitat connectivity by adding flow and fish passage structures at these dams. If successful, these passage structures could help aquatic biota recolonize the North Fork. Accordingly, Western Resource Advocates urges the Corps to conduct a comprehensive review of the potential aquatic impacts and benefits of the City of Fort Collin’s proposed Halligan Project under Section 404 of the Clean Water Act. Subpart H of the Section 404(b)(1) Guidelines provide clear authority for the Corps to consider a project’s environmental benefits in minimizing a discharge’s adverse impacts under 40 C.F.R. section 230.10(d).4 The Guidelines do not consider 4 40 C.F.R. § 230.77 (d) (40 C.F.R. § 230.10 (d) references Subpart H, including 40 C.F.R. § 230.77 (d)). 3 the environmental benefits of a project to be compensatory mitigation because the Guidelines discuss mitigation separately under Subpart J. Therefore, it is proper for the Corps to include downstream aquatic benefits of the Halligan Project in its determination of the least environmentally damaging practicable alternative under 40 C.F.R. § 230.10(a). Given the perhaps unique capacity of the Halligan Project to help restore flows and aquatic habitat in the North Fork of the Cache La Poudre River, the Corps should consider these potential benefits in examining alternatives under the Clean Water Act. WRA believes the Halligan Project could be the best alternative before the Corps based on its impacts and benefits to the aquatic ecosystem. Thank you for your consideration of this request. We would be happy to discuss the Halligan Project at your convenience. Sincerely, Robert Harris Senior Staff Attorney Western Resource Advocates rob.harris@westernresources.org (720)763-3713 October 10, 2017 Mr. Cody Wheeler US Army Corps of Engineers Denver Regulatory Office 9307 S. Wadsworth Blvd. Littleton, CO 80123 Dear Mr. Wheeler: The Nature Conservancy would like to lend its conditional support to the City of Fort Collins’ proposed enlargement of Halligan Reservoir and urge the Corps to select the proposed action as the least environmentally practicable alternative or LEDPA. We lend this conditional support because the analysis completed during the Halligan­Seaman Shared Vision Planning Process (SVP) indicates that there is significant opportunity to fix damage done to the North Fork of the Cache la Poudre River by infrastructure and management put into place in the early 20th century. We have attached the SVP for reference. Any new project would, of course, have its own impacts, but there is reason to believe that the impacts will be outweighed by significant improvements to the North Fork, particularly to imperiled native fish on the North Fork, resulting from the proposed action’s environmental flows and subsequent, rigorous mitigation. If there are overall net environmental benefits to expanding Halligan Reservoir, that would suggest that this alternative qualifies as the least environmentally practicable alternative or LEDPA. Our conditional support for the proposed action as the LEDPA is not a comment on purpose and need of the proposed reservoir. Through the Shared Vision Planning process, numerous partners —including water suppliers and conservation organizations—described water supply and environmental objectives, quantitatively modeled reservoir impact, and analyzed multiple water management scenarios to assess their impacts and benefits to all stated objectives. The specific environmental objects we identified during the process were: 1. Maintain a conservation area for transition­zone native fishes that are likely to continue disa ppearing from the northern Front Range with increased water use and climate change. 2. Maintain self­sustaining trout populations that support a fishery. However, trout populations may be managed in deference to the goals of maintaining a native fish conservation area. 3. Maintain a complex riparian habitat by allowing for adequate water supplies, floods that regenerate habitat and sediment supplies that support plant recruitment and soil health. Maintaining riparian The Nature Conservancy in Colorado 2424 Spruce Street Boulder, CO 80302 tel [303] 444­2950 fax [303] 444­2986 nature.org/colorado 2 habitat is critical to the long ­term viability of the federally threatened Preble’s meadow jumping mouse, while also supporting several other aspects of ecosystem health. 4. Maintain geomorphic and sediment transport processes. For example, ensure periodic flows suitable for scouring gravels needed by trout and native fish for spawning and invertebrate production. 5. Maintain viable populations of critical terrestrial species, including Preble’s meadow jumping mouse and game species such as mule deer and elk. 6. Minimize inundation of streams (especially the North Fork and Dale Creek) caused by reservoir expansion. 7. If possible, improve Joint Operations Plan flows and mitigate impacts on mainstem flows. Operations of the proposed Halligan Reservoir enlargement, along with the preliminary avoidance, minimization, and enhancement measures in the City’s proposed action address these objectives. It is our understanding that other alternatives cannot provide similar benefits or meet these objectives. Aspects of the proposed action and proposed measures that we believe would be most beneficial to the North Fork include: Minimum flow releases and/or targets for all twelve months of the year. Throughout the history of Halligan Reservoir and the North Poudre Canal there have many months in most years with zero flow. Peak flow bypass that will provide sediment flushing flows. Currently Halligan “spills” regularly, so attention to reductions in spill rate and duration are warranted. Retrofitting of the North Poudre Canal diversion structure to allow bypass flows and fish passage. This structure and the depletions it allows have wholly transformed several stream miles below it. Removal or retrofitting of the Calloway Ditch diversion structure to allow fish passage and stream connectivity. Multi­level outlets to allow management of temperature and dissolved oxygen of water released from the reservoir. Currently the reservoir has significant impacts on temperature regimes below the reservoir with likely population­level impacts on native fish. Overall, we see potential net environmental benefits of the proposed action with the proposed measures, yet there are some dimensions that we need to analyze further before we can turn our conditional support to full support. Among the aspects that may need to be improved are: Native fish populations need to be an explicit priority over non ­native trout populations, because the North Fork is one of relatively few strongholds for several foothills native fish. Annual monitoring of fish populations will be necessary, and streamflow and temperature will need to be managed to sustain the native fishes. Fully offsetting of impacts to Preble’s meadow jumping mouse populations (not just habitat) is necessary. It is not adequate to invoke existing protection as an offset nor to assume populations will necessarily colonize new shoreline habitat. Monitoring of populations over an extended time is warranted. Impacts to the mainstem of the Poudre River also need to be mitigated. 3 While we applaud a commitment to an adaptive management plan, $250,000 is probably far inadequate to fully fund adaptive management during the life of the enlarged reservoir. Details of the adaptive management plan need to be developed before any permit is issued. Capacity and commitment to fulfill the adaptive management plan needs to be included as a permit condition. In sum, The Nature Conservancy believes the net benefits to the Cache la Poudre River watershed could be greater with an expanded Halligan Reservoir when compared to what currently exists. We urge you to move forward with the City in preparing a draft environmental impact statement and, if our preliminary analysis holds up, in developing a comprehensive mitigation plan that includes native species and ecosystems at its core, even when these species and ecosystems do not fall clearly under the purview of regulatory agencies. We look forward to engaging with the Corps, U.S. Fish and Wildlife Service, Colorado Parks and Wildlife, and the City of Fort Collins to restore and maintain a thriving North Fork watershed. Sincerely, Paige Lewis Deputy State Director The Nature Conservancy, Colorado January 13, 2020 Mr. Cody Wheeler US Army Corps of Engineers Denver Regulatory Office 9307 S Wadsworth Blvd. Littleton, CO 80123 NWO.HalliganEIS@usace.army.mil Dear Mr. Wheeler; The Fort Collins Area Chamber of Commerce strongly encourages the Army Corps of Engineers to select the Fort Collins Proposed Action Alternative Halligan Reservoir Expansion as the least environmentally damaging practical alternative and to expedite the permitting of this important project. The Halligan project is the least expensive action alternative considered in the EIS –as much as 4.5 times less expensive than other action alternatives. The Chamber has endorsed the Halligan Reservoir expansion since its application to the Corps in 2003. Additional water storage, infrastructure and conveyance facilities are vital to the success of our region. We believe the area will need all the storage projects that are being considered in northern Colorado and are very supportive of Halligan, NISP, Windy Gap and Chimney Hollow being permitted and constructed. Reliable and high-quality water is of critical importance to all of our citizens, especially the business community. The long-term success and diversity of our economy requires that we meet our projected water supply needs while providing a storage reserve for emergency water disruption and drought security. The Halligan Reservoir project is an excellent project for developing long-term storage capacity and because the projected unit cost of constructing an expanded reservoir at that site is relatively low, it provides a more efficient use of ratepayer dollars while achieving the goal of expanding storage capacity for Fort Collins in an environmentally thoughtful way. Sincerely, Fort Collins Area Chamber of Commerce David L. May President & CEO cc: Darin Atteberry, Kevin Gertig, Mayor Wade Troxell HALLIGAN WATER SUPPLY PROJECT Halligan Reservoir Expansion Entity: Fort Collins Size: 6,400 acre-feet to 14,525 acre-feet WINDY GAP FIRMING PROJECT New Chimney Hollow Reservoir Entity: Northern Water for 12 participants Size: 90,000 acre-feet MOFFAT COLLECTION SYSTEM PROJECT Gross Reservoir Expansion Entity: Denver Water Size: 42,000 acre-feet to 119,000 acre-feet NORTHERN INTEGRATED SUPPLY PROJECT Entity: Northern Water for 15 participants New Glade Reservoir: 170,000 acre-feet New Galeton Reservoir: 45,600 acre-feet THORNTON WATER PROJECT Entity: Thornton Size: 48-inch pipeline to deliver about 14,000 acre-feet/year NORTHERN COLORADO WATER SUPPLY PROJECTS