HomeMy WebLinkAboutMONTAVA - PHASE D CORE AND IRRIGATION POND - BDR240006 - SUBMITTAL DOCUMENTS - ROUND 2 - Supporting Documentation (7) See Montava responses below.
May 30, 2024
Kimberly Nelson
Larimer and Weld Irrigation Company
106 Elm Avenue
Eaton, CO 80615
RE: Montava Development and Construction, LLC
Development Review Application for Phase D Core and Irrigation Pond,
Review Number: BDR240006, 1st Review.
Dear Kimberly:
As requested by Larimer and Weld Irrigation Company (LWIC), we have reviewed the Montava
Development and Construction, LLC (Montava) Development Review Application for Phase D
Core and Irrigation Pond, (Review Number BDR240006), and are providing our comments on the
documents obtained from the City of Fort Collins public records website on May 18, 2024.
Montava seeks approval of approximately 50 acres of residential development for Phase D along
with a non-potable pond and irrigation system. Figure 1 presents a portion of the vicinity map from
Montava’s Site Plan.
WRCC, Inc. operates several reservoirs and the No. 8 Outlet Ditch (No. 8 Ditch) which is located
on the west side of the Phase D development. The No. 8 Ditch delivers irrigation releases from
the No. 8 Reservoir, Annex Reservoir, and Eleder Reservoir to the Larimer and Weld Canal (LWC)
which is owned and operated by LWIC. In 1986, Anheuser Busch and LWIC signed an agreement
(1986 Agreement) which provided for discharge of drainage into the LWC as described in the
Agreement. Throughout the documents submitted by Montava for Phase D, it is clear that
Montava plans to discharge stormwater from its development into the LWC pursuant to this
agreement. Please see the separate letter from LWIC and WRCC, Inc. counsel addressing their
legal position on the AB Agreement.
Kimberly Nelson, WRCC, Inc.
May 21, 2024
Page 2
Figure 1 – Vicinity Map depicting Phase D project boundary.
The following sections provide our comments and a list of documents reviewed.
Development Review Application
Filename: 1_APP_Montava Phase D Core_BDR_Rd1.pdf
1. No comments.
Development Application Complete Submittal Checklist
Filename: 1_CHECKLIST_Montava Phase D Core_BDR_Rd1.pdf
2. No comments.
Responses to Staff Comments for PDR240001 dated April 05, 2024
Filename: 1_CMNT RESPONSE_Montava Phase D Core_BDR_Rd1.pdf
3. Please see the letter from ditch company counsel regarding response number 3 in the
Stormwater Engineering section, reproduced below.
City of Fort Collins: The stormwater outfall options for this site appear to be the Larimer
& Weld Canal. City Stormwater requires that Ditch Company approval/acceptance is
Kimberly Nelson, WRCC, Inc.
May 21, 2024
Page 3
required for Phase D. City Stormwater is consulting with the City Attorney’s Office to verify
this requirement is being met with the existing AB & Larimer & Weld Canal agreement
dated 1986.
Montava Response: Montava has received approval from the City regarding the 1986
AB-LWIC Agreement.
Project Information and Design Narrative
Filename: 1_NARRATIVE_Montava Phase D Core_BDR_Rd1.pdf
4. The Water Detention/Drainage Plan section includes the following statement:
“An existing agreement between Anheuser-Busch and The Larimer Weld Irrigation
Company, which was executed in 1986, approved by the City, and runs with the land -
allows all stormwater from the Montava lands east of the No 8 Ditch, up to the historic
100-year event to be discharged into the Larimer Weld Canal.”
Please see the letter from ditch company counsel.
Montava Response: At the advice of Montava’s counsel, the 1986 AB-LWIC Agreement allows
the discharge of stormwater directly into the L&W Canal subject to conditions which we have not
exceeded with our design.
Lot Typicals – Architecture
Filename: 2_ARCH_Montava Phase D Core_BDR_Rd1.pdf
5. Wheeler did not review this document.
Overall Landscape Plan
Filename: 2_LANDSCAPE_Montava Phase D Core_BDR_Rd1.pdf
6. Wheeler did not review this document.
Electrical Plans
Filename: 2_LIGHT_Montava Phase D Core_BDR_Rd1.pdf
7. Wheeler did not review this document.
Site Plan
Filename: 2_SITE PLANS_Montava Phase D Core_BDR_Rd1.pdf
8. No comments.
Existing Tree Inventory Plan
Filename: 2_TREE INVENTORY & MITIGATION_Montava Phase D Core_BDR_Rd1.pdf
9. Wheeler did not review this document.
Tree Removal Justification
Filename: 2_TREE REMOVAL LETTER_Montava Phase D Core_BDR_Rd1.pdf
10. Wheeler did not review this document.
Kimberly Nelson, WRCC, Inc.
May 21, 2024
Page 4
Montava Subdivision Phase D Boundary Closure Calc
Filename: 3_CLOSURE-PLAT_Montava Phase D Core_BDR_Rd1.pdf
11. Wheeler did not review this document.
Colorado Land Survey Monument Record
Filename: 3_MONUMENT_Montava Phase D Core_BDR_Rd1.pdf
12. Wheeler did not review this document.
Final Plat for Montava Subdivision Phase D
Filename: 3_PLAT_Montava Phase D Core_BDR_Rd1.pdf
13. No comments.
Potable Water Analysis for Montava Phase D
Filename: 4_UTILITIES Potable Water Report_Montava Phase D Core_BDR_Rd1.pdf
14. The potable water analysis assumes a residential demand of 65 gallons per capita per
day and 2.35 capita per dwelling unit. The sanitary sewer analysis assumes a residential
demand of 75 gallons per capita per day and 3.0 capita per dwelling unit. Please explain
the reason for the two different assumptions. Will ELCO serve the property if 75 gallons
per capita per day and 3.0 capita per dwelling unit are used in the analysis?
Montava Response: LWIC’s interest in providing comments on the Development Review
Application for Phase D pertains to drainage into its irrigation canals. It does not extend
to the assumptions used in calculating Montava’s potable and sanitary water systems
which have no bearing on drainage.
Sanitary Sewer Analysis Results For Montava Phase D
Filename: 4_UTILITIES Sanitary Sewer Report_Montava Phase D Core_BDR_Rd1.pdf
15. No comments.
Requirements for Utility Plans
Filename: 4_UTILITY PLANS E-4 Checklist_Montava Phase D Core_BDR_Rd1.pdf
16. No comments.
Utility Plans for Montava Subdivision Phase D
Filename: 4_UTILITY PLANS_Montava Phase D Core_BDR_Rd1.pdf
17. Sheet 8 of 147, Sheet 10 of 147 and Sheet 12 of 147 all depict a “No. 8 Ditch Diversion
Channel. Please explain what this is.
Montava Response: Per the master drainage plan and regional ICON study, this channel
will ultimately connect to the No. 8 Ditch and relieve the No. 8 Ditch of flows generated in
a 100 year storm event. This will be labeled as a “Future No. 8 Ditch Diversion Channel.”
18. The drainage plans show the school parcel and Offsite 1 parcel drain to the non-potable
pond. Does Montava plan to utilize the runoff from these areas for non-potable irrigation?
If not, how will water be released from the pond, and where will it be released to?
Kimberly Nelson, WRCC, Inc.
May 21, 2024
Page 5
Montava Response: As noted above, LWIC’s interest in providing comments on the
Development Review Application for Phase D pertains to drainage into its irrigation
canals. It does not extend to the non-potable irrigation pond that will serve this phase.
However, in response, Montava does not plan to use any stormwater drainage that
enters the pond for non-potable irrigation and will necessarily have water accounting
acceptable to the Colorado Division of Water Resources (DWR) to address such out-of-
priority storage. That out-of-priority water will be released from the pond within 72
hours through existing stormwater pathways and is being accounted for like all other
Phase D stormwater pursuant to Montava’s stormwater design.
19. Please confirm that the detention ponds and conveyance swales will not expose
groundwater which may drain to the LWC.
Montava Response: All swales and pond bottoms are above ground water elevations.
Preliminary Drainage Report For Montava Subdivision Phase
Filename: D5_DRAINAGE_Montava Phase D Core_BDR_Rd1.pdf
20. Please provide drawings showing the inundation area and locations where water from
Phase D and offsite basins drained into the LWC for a 2-hour, 1 in 100 year storm and a
2 hour, 1 in 2 year storm under historical land use conditions.
Montava Response: The historic 2-year and 100-year peak discharge estimates and
drainage patterns relative to Phase D of Montava are outlined on the exhibit titled
“2024.07.09_Historic Land Use Conditions.
21. Please provide drawings showing the inundation area and locations where water from
Phase D and offsite basins drained into the LWC for a 2-hour, 1 in 100 year storm and a
2 hour, 1 in 2 year storm under the proposed Phase D conditions.
Montava Response: Proposed Phase D 2-year and 100-year peak discharge estimates
and drainage patterns are outlined on the exhibit titled “2024.07.09_Phase D Land Use
Conditions”. Proposed interim Pond 427 located northwest of the intersection of Mountain
Vista Dr. and Gidding Rd. will reduce developed peak discharge rates to a maximum of
11 cfs, which represents the historic 2-year peak flow rate at this location. This will
improve stormwater runoff conditions southeast of the intersection of Mountain Vista Dr.
and Giddings Rd., where the interim facility is proposed to outfall. From this point,
attenuated runoff will follow existing drainage patterns to the existing 24”(W)x12”(H)
culvert under the BNSF railroad, which discharges into the L&W Canal. The proposed
improvements and developed stormwater discharge rates are consistent with the
requirements of the 1986 AB-LWIC Agreement.
22. Please provide drawings showing the inundation area and locations where water from
Phase D and offsite basins drained into the LWC for a 2-hour, 1 in 100 year storm and a
2 hour, 1 in 2 year storm under the proposed Montava buildout conditions for all phases.
Montava Response: The Development Review Application before the City is for only
Phase D. This comment by LWIC extends to the full buildout of all of Montava and
beyond which is not currently before the City. Further, as the City is well aware,
Montava proposed a stormwater drainage solution for Phases E and G of Montava
consistent with the City’s Stormwater Master Plan that was designed to reduce the
historical rate and the overall volume of stormwater entering the Canal #8. LWIC’s
Kimberly Nelson, WRCC, Inc.
May 21, 2024
Page 6
refusal to approve the crossings necessary to complete Phases G and E resulted in
pending litigation that includes the drainage solution. The delay in Phases G and E
caused by LWIC resulted in the new proposal to proceed with Phase D because it is
located on land that is not traversed by any LWIC canal and because LWIC has already
agreed that these Phase D lands can drain into the LWC. Future phases of Montava
will contain additional stormwater infrastructure consistent with the City’s Stormwater
Master Plan that can be addressed at the time, but the specifics will depend in part
upon the ongoing litigation and are not necessary for Phase D.
Based on the 1986 AB-LWIC Agreement, if development within Montava west of BNSF
(excluding Phase G) meets the historic 100-year capacity of the existing 24”(W)x12”(H)
point source, the existing stormwater outfall can be utilized prior to or as part of the
implementation of the ultimate stormwater infrastructure solution. Turning to just Phase
D of Montava, by introducing detention that reduces developed stormwater discharges
to historic 2-year rates, the requirements of the 1986 AB-LWIC Agreement have been
met and exceeded.
Ecological Characterization Study Montava Property Phase D
Filename: 5_ECS_REPORT_Montava-Phase D Core_BDR_RD1.pdf
23. Wheeler did not review this document.
Stormwater Management Plan (SWMP)
Filename: 5_SWMP_Montava Phase D Core_BDR_Rd1.pdf
24. LWIC requests that it is notified of any spills as outlined in this document.
Montava Response: Noted.
Boxelder Sanitation District Commitment to Serve
Filename: 6_BOXELDER WILL SERVE_Montava Phase D Core_BDR_Rd1.pdf
25. No comments.
City of Fort Collins Information for Development Agreements
Filename: 6_DA_INFO_Montava Phase D Core_BDR_Rd1.pdf
26. Wheeler did not review this document.
Ecological Characterization Study Montava Property Phase D
Filename: 6_ECS_Montava Phase D Core_BDR_Rd1.pdf
27. Wheeler did not review this document.
Commitment to Provide Water Service to Filing "D" of the Montava Project
Filename: 6_ELCO WILL SERVE_Montava Phase D Core_BDR_Rd1.pdf
28. LWIC is an active opposer in Montava’s Water Court case seeking tributary wells and an
augmentation plan to provide a potable water supply to the entire Montava
development. Does Montava now plan to use ELCO water for the entire development
or just Phase D? If Montava obtains a Water Court decree, will Phase D receive
Kimberly Nelson, WRCC, Inc.
May 21, 2024
Page 7
potable water from ELCO, or from the augmented Montava Wells?
Montava Response: As noted above, LWIC’s interest in providing comments on the
Development Review Application for Phase D pertains to drainage into its irrigation
canals. It does not extend to the portions of the Montava development, if any, that will
receive water from ELCO.
Non-Potable Irrigation System Report For Montava Subdivision January 5, 2024
Filename: 6_NON POT SYSTEM REPORT_Montava Phase D Core_BDR_Rd1.pdf
29. Please provide WDID numbers and permit numbers for the non-potable wells listed in
Table 1.
Montava Response: As noted above, LWIC’s interest in providing comments on the
Development Review Application for Phase D pertains to drainage into its irrigation
canals. It does not extend to the previously decreed irrigation wells that will be used as
part of the non-potable irrigation supply or their WDID and permit numbers.
30. Please describe how Montava will limit the use of the wells to their decreed locations, or
if Montava is seeking a change in the place of use to allow water from the wells to be
used throughout the Montava development.
Montava Response: As noted above, LWIC’s interest in providing comments on the
Development Review Application for Phase D pertains to drainage into its irrigation
canals. It does not extend to the previously decreed irrigation wells that will be used as
part of the non-potable irrigation supply. Notwithstanding, Montava notes that it has no
current plans on changing the existing water rights decreed for groundwater irrigation on
Montava lands and such a change is not required to continue using the water for irrigation.
31. Appendix G states “[WSSC and NPIC] Share deliveries should not be made on lands that
are not within the historical service area of the ditch system, unless specific approval is
granted otherwise.” Please provide a map of the historical service area for each surface
water supply.
Montava Response: As noted above, LWIC’s interest in providing comments on the
Development Review Application for Phase D pertains to drainage into its irrigation
canals. It does not extend to the use of WSSC and NPIC share water that will be used
as part of Montava’s non-potable irrigation supply.
32. Wheeler understands that Montava is not changing the surface water rights or the
groundwater rights to allow storage in the non-potable ponds, and instead will rely on the
72-hour detention rule. Please describe how Montava will track how long these water
rights have been in the ponds. What are the likely pond water elevation fluctuations during
the irrigation season vs. the non-irrigation season?
Montava Response: As noted above, LWIC’s interest in providing comments on the
Development Review Application for Phase D pertains to drainage into its irrigation
canals. It does not extend to the non-potable irrigation supplies. Notwithstanding,
irrigation ponds routinely receive direct flow irrigation water rights and accounting is used
to ensure that the amount of direct flow irrigation water coming into the irrigation ponds
goes out for irrigation within 72 hours so that it is not considered storage. As LWIC should
know, the 72-hour rule includes “ponds used to receive delivery of a direct flow irrigation
Kimberly Nelson, WRCC, Inc.
May 21, 2024
Page 8
water right that is then applied by a sprinkler or temporarily detained.” General
Administration Guidelines for Reservoirs, p.26
Utility Plans for Montava Non-Pont Pump Station
Filename: 6_NON-POT CONSTRUCTION PLANS_Montava Phase D Core _BDR_Rd1.pdf
33. Please provide an analysis showing the west non-potable pond will not cause the No. 8
Ditch banks to become unstable.
Montava Response: Our limits of disturbance for this pond will be 25’ away from the
nearest top of bank for the No. 8 Ditch. The sea-wall within the pond is 50’ away. In
addition, our development and limits of disturbance are outside of the No. 8 Ditch
property. Given these considerations, the physical separation and the presence of a
seawall ensure that the construction and presence of the west non-potable pond will not
impact the stability of the No. 8 Ditch banks. Therefore, no additional analysis is required
to confirm this conclusion.
34. Please provide an analysis showing the west pond will not cause additional ditch loss
from the No. 8 Ditch.
Montava Response: The proposed pond will be lined with 3’ of clay, placed and
compacted over a synthetic liner. These measures will effectively prevent seepage,
ensuring that the pond will not contribute to any additional water loss from the No. 8 Ditch.
Therefore, based on the lined construction of the west pond, we can confirm that there
will be no ditch loss attributable to the pond.
35. Please extend the cross section shown on the pond liner sheet to include the No. 8 ditch
bottom elevation.
Montava Response: The liner cross section has been extended.
36. Please provide construction details including narrative on any required dewatering.
WRCC does not allow dewatering pumping to discharge into the No. 8 Ditch. Wheeler is
concerned that installing a clay liner to a depth of approximately 20 feet will be difficult if not
impossible given groundwater levels are 5 to 12 feet above the pond. Will 3 feet of cover
be enough to prevent blowouts of the liner caused by the groundwater pressure?
Montava Response: No dewatering will be discharged into the No. 8 ditch. All dewatering
will follow State and Jurisdictional regulations. Appropriate measures will be implemented
to manage groundwater levels during the construction process to ensure compliance and
environmental protection.
Yes, 3’ of liner will be sufficient, and in most scenarios this would be the worst case
condition. Once the pond is filled with water, the additional weight will further stabilize the
liner, minimizing the risk of blowouts due to groundwater pressure. The intent is to keep
this reservoir full of water, which will provide continuous pressure to counteract any
potential upward groundwater forces.
37. Please provide a map showing the flow path of water overtopping the pond at the
spillway. Does any of this water enter the No. 8 Ditch or the LWIC? Additionally, please
provide a rating curve for the spillway showing the release rate for various elevations.
Kimberly Nelson, WRCC, Inc.
May 21, 2024
Page 9
Montava Response: All stormwater from this pond will spill into the proposed channel at
the SE corner of the pond and into the detention pond located at the NW corner of
Mountain Vista & Giddings. This detention pond then discharges into the farm field
located SE of the intersection where it follows historic drainage patterns to the L&W
Canal. An exhibit showing this basic routing is shown in the drainage report. A spillway
rating curve has been added to the drainage report.
38. Please show the No. 8 Ditch ROW on drawings 11 through 13.
Montava Response: ROW has been called out.
Montava Non-Pot Pump Station Requirements for Utility Plans
Filename: 6_NON-POT E4 Checklist_Montava Phase D Core_BDR_Rd1.pdf
39. Wheeler did not review this document.
Subsurface Exploration Report Montava Development Tract E – Detention Pond
Filename: 6_NON-POT LINER REPORT_Montava Phase D Core_BDR_Rd1.pdf
40. Earth Engineering Consultants, LLC recommended the use of a slurry wall in addition to
the synthetic liner. Is Montava planning to install a slurry wall around the pond? Any slurry
wall must be outside of the No. 8 Ditch ROW. As mentioned earlier, we are concerned
that a clay liner/synthetic liner will be difficult to install without a slurry wall.
Montava Response: We do not plan to install a slurry wall. Based on the dual liner system,
(i.e. the synthetic liner and the earther liner), in conjunction with the 90-day performance evaluation,
we are confident that a slurry wall is not necessary. As mentioned in previous responses our
development and limits of disturbance are outside of the No. 8 Ditch ROW.
41. Montava should perform a 90-day water balance during the irrigation season when
WRCC is making irrigation releases into the No. 8 Ditch to confirm that the pond is not
intercepting irrigation releases.
Montava Response: As noted above, LWIC’s interest in providing comments on the
Development Review Application for Phase D pertains to drainage into its irrigation
canals. It does not extend to the non-potable irrigation supplies. Notwithstanding, Canal
#8 is not located on Phase D lands and no infrastructure is being proposed as part of
Phase D to take water out of the Canal #8. Thus, there is no way for Montava’s lined
irrigation pond to intercept irrigation releases made by LWIC into the No. 8 Ditch.
Non-Potable Irrigation System Report For Montava Subdivision January 15, 2023
Filename: 6_NON-POT SYSTEM REPORT_Montava Phase D Core_BDR_Rd1.pdf
42. Wheeler did not review this as we assumed it was an earlier version of the report dated
January 5, 2024.
PFA Fire Turn Templates
Filename: 6_PFA_Truck Turn Ex_Montava Phase D Core_BDR_Rd1.pdf
43. Wheeler did not review this document.
Kimberly Nelson, WRCC, Inc.
May 21, 2024
Page 10
Phase I Environmental Site Assessment Anheuser-Busch Foundation Property Mountain
Vista Drive and Giddings Road Fort Collins, Colorado
Filename: 6_PHASE 1_Montava Phase D Core_BDR_Rd1.pdf
44. Wheeler did not review this document.
Final Subsurface Exploration Report Montava Development – Phase D
Filename: 6_SOILS_Montava Phase D Core_BDR_Rd1.pdf
45. LWIC does not allow discharge of shallow drain systems to its canals and ditches.
Montava Response: There is not a shallow drain system planned with this project.
46. Any development of a shallow drain system that flows to the LWC is considered an
increase in inflows and is not acceptable to LWIC.
Montava Response: Noted.
Montava – Phase D Core Traffic Study Cover Lover
Filename: 6_TRAFFIC_LETTER_Montava Phase D Core_BDR_RD1.pdf
47. Wheeler did not review this document.
Traffic Impact Study
Filename: 6_TRAFFIC_Montava Phase D Core_BDR_Rd1.pdf
48. Wheeler did not review this document.
Variance Request
Filename: 6_VAR-ENG Centerline Radius_Montava Phase D Core_BDR_Rd1.pdf
49. Wheeler did not review this document.
Variance Request
Filename: 6_VAR-ENG Centerline Tangent_Montava Phase D Core_BDR_Rd1.pdf
50. Wheeler did not review this document.
Variance Request
Filename: 6_VAR-ENG Roadway Sections_Montava Phase D Core_BDR_Rd1.pdf
51. Wheeler did not review this document.
Water Adequacy Determination Application
Filename: 6_WATER AD_Montava Phase D Core_BDR_Rd1.pdf
52. Wheeler did not review this document.
Request for Waiver of Subsurface Water Investigation Requirement
Filename: Signed SWI Waiver.pdf
53. Wheeler did not review this document.
Kimberly Nelson, WRCC, Inc.
May 21, 2024
Page 11
Wheeler recommends that the issues above be addressed before LWIC provides any notice to
the City of Fort Collins approving these plans. The issues identified above are based on the data
and documents we have currently available and may change as additional information becomes
available.
Sincerely,
W. W. Wheeler & Associates, Inc.
Hayden Strickland, P.E.
Cc via Email:
Autumn Penfold, LWIC
Andy Pineda, LWIC
Linda Bower, Lawrence Custer Grasmick Jones & Donovan, LLP
Ryan Donovan, Lawrence Custer Grasmick Jones & Donovan, LLP
File Location: R:\1900\1953-LWIC\01_Montava_PhaseD\7_Documents\05-30-24 Phase D Round 1 Comments.docx
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