HomeMy WebLinkAbout2021CV30425 - Save The Poudre And No Pipe Dream Coporation V. Northern Colorado Water Conservancy District, Northern Integrated Supply Project Water Activity Enterprise, The City Of Fort Collins - 016D - Exhibit 4
May 5, 2021
City of Fort Collins Planning & Development Services
281 N. College Ave.
Fort Collins, CO 80524
Dear Planning & Development Services Staff, Planning and Zoning Board Members, and City of
Fort Collins residents:
I write to you today to announce the submission of a Site Plan Advisory Review (SPAR)
Application on behalf of the Northern Integrated Supply Project Water Activity Enterprise for
proposed infrastructure that will be within the City of Fort Collins which includes the Poudre
Intake Diversion Structure, located northwest of the Mulberry and Lemay intersection, and
portions of the Poudre Intake Pipeline. The pipeline alignment travels generally east and south
from the proposed Poudre River Intake Diversion Structure and the traversed land varies
between unincorporated Larimer County and City of Fort Collins jurisdictions.
As a water provider to Northeastern Colorado, Northern Water strives to ensure that its regional
water users have a high quality and reliable water supply. For over 80 years we have worked in
collaboration with municipal and rural domestic water providers, various utilities and farmers to
supply water to the Northern Front Range and Northeastern Colorado, including the City of Fort
Collins. Whether that water is being put to beneficial use by irrigating crops to grow our food or
delivered to a municipality to be filtered and provided as drinking water to its customers, water
is not only the backbone of our society, but life itself. At the same time, Northern Water believes
that securing and providing a water supply should not come at the expense of other equal,
though sometimes competing, values that we share. Of special emphasis is the preservation of
our natural environment, including our rivers, wetlands, riparian areas, and the wildlife that call
these areas home.
The Northern Integrated Supply Project, or NISP, represents a unique opportunity to secure a
needed water supply while protecting and enhancing the environment we all love and respect.
Additionally, NISP will help protect and preserve portions of Northern Colorado’s irrigated
agriculture, provide a new water-based recreational opportunity in Larimer County, and create a
positive economic impact to the City of Fort Collins and Larimer County.
We are excited to submit this SPAR application to the City of Fort Collins Planning &
Development Services. Staff from Northern Water and the City of Fort Collins held the
Conceptual Review Meeting on March 4, 2021. Based on that meeting, the attached application
has been developed to be responsive of the City’s requirements and demonstrate that the
DATE FILED: August 31, 2021 10:40 AM
FILING ID: 631C0FDA58B55
CASE NUMBER: 2021CV30425
Cover Letter for the City of Fort Collins Site Plan Advisory Review Application 2
location, character, and extent of the proposed project components are consistent with the City
Plan. The two components of NISP to be reviewed under the SPAR process are:
1.Poudre Intake Diversion Structure
2.Poudre Intake Pipeline within the City of Fort Collins
The other NISP components situated outside of the City of Fort Collins – Glade Reservoir,
conveyance infrastructure, and the U.S. Highway 287 realignment – have been analyzed and
permitted through additional federal, state, and/or local government regulatory processes that
are outside of the SPAR process. A description of other permits that have been obtained or will
be obtained for the Project can be found in Appendix D.
As we submit this application, we would like to highlight two important legal distinctions.
Although Northern Water takes on varied projects and activities in its role as a water
conservancy district, NISP is being pursued and will be operated through the Northern
Integrated Supply Project Water Activity Enterprise (“NISP Enterprise”), a separate legal entity
within Northern Water. It should also be noted that Northern Water’s involvement in and
responsibilities for the Colorado-Big Thompson (C-BT) Project are separate from NISP and
operates under established procedures. Additionally, we acknowledge that the designs as
presented are subject to modifications as our design efforts progress, or as federal or state
requirements and permits may mandate.
Please know that Northern Water staff and our legal team are available to answer any questions.
Thank you for the opportunity to submit this permit on behalf of the 15 NISP Participants. We
look forward to continuing to work with the City of Fort Collins on this important Project.
Sincerely,
Bradley D. Wind, P.E.
General Manager, Northern Water
Cover Letter for the City of Fort Collins Site Plan Advisory Review Application 3
For ease of navigating this application, the following serves both as a table of contents and as a
summary for the required Site Plan Advisory Review application information. The bold titles are
the specific items or documents required to be submitted, the italicized text shows where you
can find the complete material, and the regular text is a summary description of the item. Please
consider the descriptions below ‘for reference only’ as the referenced materials are the official
responses to the Site Plan Advisory Review application requirements.
APPLICATION CHECKLIST SEE APPLICATION
A completed checklist, checked and acknowledged as complete by Northern Water. This
checklist was given by Fort Collins staff to Northern Water after the Conceptual Review Meeting.
APPLICATION FORM SEE APPLICATION
A completed Development Review Application form has been completed and signed by
Northern Water as the applicant. Certifications from all but one of the owners of the real
property impacted by this project (outside of City of Fort Collins properties) are included as an
attachment. The Enterprise will obtain all necessary rights to access these properties through
negotiated agreements or the exercise of legal authority to obtain such access by other means.
No fee is included for the Site Plan Advisory Review process.
COMMENT RESPONSE LETTER SEE TECHNICAL MEMORANDUM #1
A comment response letter from the Project's Conceptual Review staff meeting. This comment
response letter does reference some appendices which are included as an attachment to this
application (see Appendices section below).
PROJECT INFORMATION AND DESIGN NARRATIVE SEE TECHNICAL MEMORANDUM #2
The Project information and design narrative provides a summary of the Project and information
about the proposal to communicate the intent of the project including any program needs, site
constraints or choices made that influence the proposed project design. This narrative also
includes information to demonstrate that the location, character, and extent of the proposed
project components are consistent with the requirements within the City Land Use Code for
SPAR.
PLANNING SUBMITTAL REQUIREMENTS SEE PLAN SET
The planning submittal package includes the cover page, site location map, legal description,
site plan sheets, Poudre River Diversion intake plans, and landscape plans with City drafting
standards utilized.
UTILITY PLANS SEE PLAN SET
The utility plans include the plans for the diversion structure and pipeline alignments through
the City of Fort Collins. This includes existing conditions, an overall grading plan, the utility plans
checklist was used to ensure adherences to the requirements.
Cover Letter for the City of Fort Collins Site Plan Advisory Review Application 4
PRELIMINARY DRAINAGE AND EROSION CONTROL REPORT SEE TECHNICAL MEMORANDUM #3
Per the comment letter from Fort Collins staff, only required if there will be any sites that
increase impervious area by 1,000-square feet or greater. This application does not include any
such sites. Erosion control information is included in Technical Memorandum #3.
SOILS REPORT & SUBSURFACE HYDROLOGIC STUDY NOT INCLUDED
In conversations with Fort Collins staff, it was determined that a Soils Report & Subsurface
Hydrologic Study would not be required due to the pipeline roadway crossings being trenchless
and no new roadways required. Appendix E does include some information regarding soil
conditions near the proposed trenchless crossings.
LETTERS OF INTENT, EASEMENT DEDICATIONS, & EASEMENT VACATIONS NOT INCLUDED
Not applicable to this application as no easement dedications, easement vacations, or letters of
intent are required.
ENGINEERING OR UTILITY VARIANCE REQUESTS NOT INCLUDED
No variance requests required.
TRANSPORTATION IMPACT STUDY NOT INCLUDED
Per the comment letter from Fort Collins staff, not required.
ECOLOGICAL CHARACTERIZATION STUDY SEE ECOLOGICAL CHARACTERIZATION STUDY
The Ecological Characterization Study was submitted on April 22, 2021 to the City. A copy of
that study is submitted with the application again for reference.
CITY FORESTRY REQUIREMENTS SEE TECHNICAL MEMO #3
As part of this technical memorandum, an Existing Tree Inventory and Mitigation Plan are
included. Representatives from Northern Water and their consulting teams conducted a site
walk with City Forestry Staff on April 9, 2021 to review the existing tree inventory and discuss
mitigation requirements.
APPENDIX SEE APPENDIX
To address comments received from the City of Fort Collins staff, appendices are included to the
application. These appendices provide clarification, additional information, and background
information on NISP. The following appendices are included:
Appendix A – East Mulberry Corridor Plan Adherence
Appendix B – Pipeline Routing Alternatives Analysis
Appendix C – Poudre River Intake Structure Alternatives Analysis
Appendix D – Permitting Status and Approvals
Appendix E – Trenchless and Open Cut Pipeline Installation Methodology