HomeMy WebLinkAboutMemo - Mail Packet - 4/21/2020 - Memorandum From Carol Webb Re: Local Review Processes For The Northern Integrated Supply Project (�Nisp�)Utilities
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700 Wood Street
PO Box 580
Fort Collins, CO 80522
970.221.6700
utilities@fcgov.com
fcgov.com/utilities
M E M O R A N D U M
DATE: April 16, 2020
TO: Mayor and City Councilmembers
THRU: Darin Atteberry, City Manager
Jeff Mihelich, Deputy City Manager
Kevin R. Gertig, Utilities Executive Director
FROM: Carol Webb, Deputy Utilities Director
RE: Local Review Processes for the Northern Integrated Supply Project (“NISP”)
Bottom Line
The Northern Colorado Water Conservancy District (“Northern Water”) is beginning local
review processes for NISP, including: Larimer County’s pending “1041” permitting process; the
City’s “SPAR” review; and certain property rights acquisition processes.
These processes provide various opportunities for the City staff to comment on, and in some
cases, provide approvals on certain aspects of NISP in relation to its development and
construction impacts within the Fort Collins Growth Management Area (“GMA”) and its
compliance with City Code and the Land Use Code.
City staff intends to actively engage in these processes in alignment with City Council’s current
position on NISP, stated in City Council Resolution 2018-093 as: “the City Council cannot
support NISP as it is currently described and proposed in the Final Environmental Impact
Statement (FEIS) with the understanding that the City Council may reach a different conclusion
with respect to a future variant of NISP and its mitigation plan, if such variant and associated
mitigation address the City’s fundamental concerns expressed in the City’s comments to the
DEIS, SDEIS, the State Fish and Wildlife Mitigation and Enhancement Plan, and FEIS through
improved mitigation or other means.”
City staff will ensure that City Council and relevant City Boards and Commissions
1
are informed
and/or engaged in local review processes and City staff comments on NISP. The City and
Northern Water have not begun discussions on these items. Any proposed acquisition of real
property rights for NISP on City-owned land would require City Council approval.
1 Relevant City Boards and Commissions include: the Planning and Zoning Board; the Land Conservation and
Stewardship Board; the Natural Resources Advisory Board; and the Water Board.
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Background
NISP is a proposed water supply and storage project that will serve 15 communities and water
districts in northern Colorado (including the Fort Collins-Loveland Water District that serves
portions of southeast Fort Collins and the GMA). Northern Water is the proponent of NISP on
behalf of the 15 participant communities and districts that will receive water from NISP.
2
Federal and State Permitting
NISP requires various permits and approvals before it can be constructed and operated. NISP has
been undergoing federal and state permitting for several years. Northern Water has been in the
federal permitting processes for NISP since 2004, including for a “404 Permit” under the federal
Clean Water Act. A record of decision on the 404 Permit is anticipated to be released this year.
Northern Water has also been undergoing state permitting processes in recent years, including
for the Fish and Wildlife Mitigation and Enhancement Plan (approved in 2017) and the “401
Certification” for water quality (acquired earlier this year).
3
Local Review
Northern Water is now turning to the local review processes for NISP. As described in more
detail below, these local review processes are generally narrower in scope than the federal and
state processes, focusing on more specific issues, such as pipeline routes.
These local review processes include:
1. Larimer County’s pending “1041” permitting process;
2. The City’s Site Plan Advisory Review (SPAR); and
3. Acquisition of certain real property rights.
Larimer County’s “1041” Process
NISP requires a “1041” permit from Larimer County under its Land Use Code.
4
Larimer
County’s 1041 permit process is designed to ensure compliance with local master plans and
environmental, public health, and safety standards while balancing costs and mitigation measures
for development and activities of statewide interest as defined by Colorado statutes.
Larimer County has identified the City as a referral agency for the NISP 1041 permit and is
requesting comments on the NISP 1041 permit application. Like other 1041 permit referrals
received from Larimer County, the scope of the City’s review and comments will be limited to
the development, construction, and impacts within the GMA. Specifically, the scope of the
City’s review includes;
installation of a new diversion structure on the Cache la Poudre River just upstream of
Mulberry Street;
2 Various items related to NISP have been brought to City Council over the years and those materials provide lots of
additional background that will not be restated here. However, those materials can be provided upon request.
3 The State’s issuance of the 401 Certification for NISP has been appealed.
4 Some of the NISP infrastructure (such as various pipelines and the proposed Galeton Reservoir) extends into Weld
County. NISP may also thus need a 1041 permit from Weld County, though that is beyond the scope of this memo.
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temporary impacts from the installation of underground pipelines across private property
and several City-owned natural areas;
installation of above ground infrastructure near the intersection of Lemay Avenue and
Mulberry Street; and
associated impacts to traffic, utilities, engineering, and stormwater.
A map is attached indicating the current proposed NISP conveyance alignment within the GMA.
While the scope of Larimer County’s 1041 review also includes recreation on Glade Reservoir
and a northern pipeline route and realignment of seven miles of Highway 287, these impacts fall
outside of the GMA and is not within the scope of City staff’s analysis.
City staff comments on the 1041 application will be sent to Larimer County as part of their
public review process, which will eventually include public hearings before the Larimer County
Planning Commission and the Larimer County Board of County Commissioners. The deadline
imposed by Larimer County for submittal of 1041 comments by referral agencies (such as the
City) is mid-May. City staff comments will be technical in nature and in alignment with the
City’s current position on NISP, as stated in City Council Resolution 2018-093.
While the short timeline for submittal of comments does not allow for approval by City Council,
City staff will provide a copy of the technical comments to City Council and to the Land
Conservation and Stewardship Board, the Natural Resources Advisory Board, the Water Board,
and City Council prior to submittal.
Comments from the City (in addition to the technical comments provided by City staff) may also
be provided at the upcoming public hearings including at the tentatively scheduled July 8
Larimer County Planning Commission meetings and the August 17 meeting of the Larimer
County Board of County Commissioners.
City’s “SPAR” Review
The portions of the NISP project that are in the Fort Collins city limits, such as piping or
diversion structures, will be subject to the City’s Site Plan Advisory Review (“SPAR”) process.
A SPAR is the City’s local review of development by a public entity. Often called a “location,
character, and extent” review, the process is defined by state statutes and requirements. A SPAR
application will be reviewed for consistency with the City’s land use designations as outlined in
City Plan (our comprehensive plan), as well as adherence to design, landscape, and architectural
standards, and the identification and mitigation of impacts to local facilities, infrastructure, and
environment.
The Planning and Zoning Board is the designated decision-maker for SPAR application, which
must be reviewed and processed within 60 days of the City receiving the application. A
minimum of 10 days prior to submittal of a SPAR application, a neighborhood meeting must be
held consistent with adopted notification requirements. In light of light of COVID-19-related
distancing restrictions, City staff anticipates that the neighborhood may be in a “virtual” format
given the anticipated date of the SPAR submittal. The SPAR process culminates in a public
hearing where the Planning and Zoning Board may approve or disapprove the application. The
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governing body of the public entity submitting the application (in this case the Northern Water
Board of Directors) may overrule a disapproval by the Planning and Zoning Board by a two-
thirds vote. The SPAR Review for NISP is tentatively scheduled for the July 16 Planning and
Zoning Board meeting.
Staff will provide a copy of the SPAR application and minutes from the Planning and Zoning
Board meeting to City Council.
SPAR comments will be technical in nature and in alignment with City Council’s current
position on NISP.
Property Rights Acquisition
Northern Water will require various real property rights for portions of NISP, such as ownership
of some land in fee, and various easements. Most relevant to the City is Northern Water’s need
to acquire real property rights on City-owned land and in City right-of-way near the intersection
of Lemay Avenue and Mulberry Street, where Northern Water would redivert NISP water from
the Cache la Poudre River.
The City and Northern Water have not yet begun those discussions. Any acquisition of real
property rights for NISP on City-owned land would require City Council approval.
pc: Cameron Gloss, Manager, City Planning
Ryan Mounce, City Planner
John Stokes, Deputy Director, Community Services
Jennifer Shanahan, Sr. Specialist, Sciences
Eric Potyondy, Assistant City Attorney
Brad Yatabe, Assistant City Attorney
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36,112
1.1
NISP Alignment
This map is a user generated static output from the City of Fort Collins FCMaps
Internet mapping site and is for reference only. Data layers that appear on this
map may or may not be accurate, current, or otherwise reliable.
27,437
City of Fort Collins - GIS
1.0
Legend
1:
WGS_1984_Web_Mercator_Auxiliary_Sphere
0 0.50 1.0 Miles Notes
Conservation Easements
Natural Areas
Natural Area (City of Fort Collins)
State, County or Other Municipal Open Space
Meadow Springs Ranch (City of Fort C
Growth Management Area
City Limits
Citations
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