HomeMy WebLinkAboutMemo - Mail Packet - 05/28/2024 - Memorandum from Darren Parkin re: Halligan Water Supply Project Larimer County 1041 Permit ApplicationUtilities
222 Laporte Ave.
PO Box 580, Fort Collins, CO 80522
970-212-2900
utilities@fcgov.com
CC: Eric Potyondy, Assistant City Attorney
MEMORANDUM
Date: May 17, 2024
To: Mayor and City Councilmembers
Through: Kelly DiMartino, City Manager
Tyler Marr, Deputy City Manager
Jason Graham, Director of Water Utilities
From: Darren Parkin, Halligan Project Manager
Subject: Halligan Water Supply Project Larimer County 1041 Permit Application
BOTTOM LINE
Fort Collins Utilities (Utilities) needs a 1041 permit from Larimer County for the Halligan Water
Supply Project (Halligan Project). In June, Utilities plans to submit an application to Larimer
County for that permit. The application process includes county staff review, public hearings
before the Larimer County Planning Commission followed by County Commissioners, and a
final decision by the County Commissioners. Utilities staff have determined to proceed now as
the project moves closer to construction and to avoid potential delays. Staff hope to receive
approval by the end of 2024.
BACKGROUND
To enlarge the existing Halligan Reservoir, Utilities must obtain permits from the U.S. Army
Corps of Engineers (Corps) and other federal, state, and local agencies. The Halligan Project
received the final Environmental Impact Statement from the Corps in 2023. Also in 2023, the
state approved the project’s Fish & Wildlife Mitigation and Enhancement Plan. Work is
underway on remaining permitting. Within the next two years, the Corps is expected to issue its
404 Permit and associated Record of Decision to conclude the federal permitting process.
Colorado law authorizes counties and cities to identify, designate, and regulate areas and
activities of state interest through a local 1041 permitting process to allow them to maintain their
control over certain development projects. Larimer County adopted robust 1041 regulations that
DocuSign Envelope ID: C0F5AC6C-A9F5-4A4B-9172-4FBC33647F21
have been in effect for many years. The Halligan Project requires a 1041 permit from Larimer
County because it includes the enlargement of a reservoir resulting in a surface area at high
water line in excess of 50 acres. The permit process includes all aspects of the project,
including building the new dam, a potential on-site quarry during construction, U.S. Highway 287
and access road improvements, necessary ancillary infrastructure, and environmental mitigation
and enhancements. More information on the Larimer County 1041 permit requirements can be
found at: larimer.gov/planning/1041-regulations.
The Halligan Project does not require a 1041 permit from the City of Fort Collins because it is
located well outside the City’s boundaries.
NEXT STEPS
In general, the 1041 permitting process can take many months to several years, depending on if
approval is granted. The county will set and publish a notice for the hearing before the County
Commissioners no later than 30 days after receiving the application. The hearing must be held
no later than 60 days after the notice is published. Halligan Project Manager Darren Parkin will
lead the effort and be the primary point of contact.
It’s common for a technical review process to take place post-approval. If a 1041 permit is
granted, and a technical review is required, the Halligan Project may need to submit more
details on design, engineering, and construction so Larimer County can ensure permit
conditions are met. Overall, the 1041 permit decision could be approval, approval with
conditions, or denial based on the review criteria in Larimer County’s Land Use Code.
On July 9, 2024, Utilities is scheduled to present to City Council on the Halligan Project, which
will include a status update on the 1041 permitting process.
DocuSign Envelope ID: C0F5AC6C-A9F5-4A4B-9172-4FBC33647F21