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Home My WebLink AboutMONTAVA - PHASE D CORE AND IRRIGATION POND - BDR240006 - SUBMITTAL DOCUMENTS - ROUND 4 - Responses October 21, 2024 Kimberly Nelson Larimer and Weld Irrigation Company WRCC, Inc. 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, 3rd Review. Dear Kimberly: As requested by Larimer and Weld Irrigation Company (LWIC), and WRCC, Inc. (WRCC), W.W. Wheeler & Associates, LLC (Wheeler) has reviewed the third round of documents submitted to the City of Fort Collins for Montava Development and Construction, LLC (Montava) Development Review Application for Phase D Core and Irrigation Pond, (Review Number BDR240006). 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 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 Elder Reservoir to the Larimer and Weld Canal (LWC) which LWIC owns and operates. This letter provides our comments on the third round of documents made available to WRCC and LWIC on October 3, 2024. We also downloaded additional documents and backup materials cite in the Martin/Martin response document. Larimer and Weld Irrigation Company & WRCC October 21, 2024 Page 2 of 8 Figure 1 – Vicinity Map depicting Phase D project boundary. The following sections provide our comments, and a list of documents reviewed. Comment Response Filename: 1_CMNT_RESPONSE_Montava Phase D Core and IP_BDR_Rd3.pdf 1. Montava response to Stormwater Comment Number 7a – Montava states “We believe there are prescriptive drainage rights in place allowing us to utilize this existing infrastructure, and therefore are not required to get permission from the BNSF or LWIC.” Please provide more details on the prescriptive drainage rights. The Phase D development will generate more volume than historically drained to the LWC via this pathway. Additionally, construction of an offsite channel from the Phase D outfall to the railroad will increase the rate of flow entering the LWC for small storm events by eliminating the inadvertent detention that exists today. This is also a change in the rate that historically drained to the LWC. LWIC’s attorney has indicated that any drainage through the wooden box culvert under the railroad is not a part of the 1986 AB Agreement, and therefore, LWIC does not allow a change to the historical quantity, quality, type, rate, or location of water draining into the LWC. Larimer and Weld Irrigation Company & WRCC October 21, 2024 Page 3 of 8 Project Information and Narrative, Updated September 18, 2024. Filename: 1_NARRATIVE_Montava Phase D Core_BDR_Rd3.pdf 2. No Comments. Round 3 Lot Typicals Filename: 2_ARCH_Montava Ph D Core_BDR_Rd3.pdf 3. Wheeler did not review this document. Landscape Plan Comment Responses Filename: 2_LANDSCAPE_Montava Ph D Core_BDR_Rd2_Responses.pdf 4. Wheeler did not review this document. Round 3 Overall Landscape Plan Filename: 2_LANDSCAPE_Montava Ph D Core_BDR_Rd3.pdf 5. Wheeler did not review this document. Lighting Plan Comment Responses Filename: 2_LIGHT_Montava Ph D Core_BDR_Rd2_Responses.pdf 6. Wheeler did not review this document. Round 3 Lighting Plans Filename: 2_LIGHT_Montava Ph D_BDR_Rd3.pdf 7. Wheeler did not review this document. Irrigation Plan Filename: 2_PIP_Montava Ph D Core_BDR_Rd3.pdf 8. Wheeler did not review this document. Site Plan Comment Responses Filename: 2_SITE PLAN_Montava PhD Core_BDR_Rd2_Responses.pdf 9. No Comments. Round 3 Site Plans Filename: 2_SITE PLAN_Montava Ph D Core_BDR_Rd3.pdf 10. No Comments. Tree Inventory and Mitigation Filename: 2_TREE INVENTORY & MITIGATION_Montava Ph D Core_BDR_Rd3.pdf 11. Wheeler did not review this document. Larimer and Weld Irrigation Company & WRCC October 21, 2024 Page 4 of 8 Montava Subdivision Phase D Boundary Closure Calc Filename: 3_CLOSURE-PLAT_Montava Phase D Core_BDR_Rd3.pdf 12. Wheeler did not review this document. Comments on Final Plat for Montava Subdivision Phase D. Filename: 3_PLAT_Montava Phase D Core_BDR_Rd2 - RESPONSES.pdf 13. No Comments. Round 3 Final Plat for Montava Subdivision Phase D. Filename: 3_PLAT_Montava Phase D Core_BDR_Rd3.pdf 14. No comments. Potable Water Analysis for Montava Phase D, July 17, 2024. Filename: 4_UTILITIES_Potable Water Report_Montava Phase D Core_BDR_Rd3.pdf 15. Wheeler did not review this document since the date of July 17, 2024 is the same as the Round 2 Document. Sanitary Sewer Analysis Results for Montava Phase D, July 16, 2024. Filename: 4_UTILITIES_Sanitary Sewer Report_Montava Phase D Core_BDR_Rd3.pdf 16. Wheeler did not review this document since the date of July 16, 2024 is the same as the Round 2 Document. Utility Checklist Filename: 4_UTILITY PLANS_E-4 Checklist_Montava Phase D Core_BDR_Rd3.pdf 17. Wheeler did not review this document. Round 2 Utility Plans Comment Response Filename: 4_UTILITY PLANS_Montava Phase D Core_BDR_Rd2 - RESPONSES.pdf 18. No comments. Round 3 Utility Plans Filename: 4_UTILITY PLANS_Montava Phase D Core_BDR_Rd3.pdf 19. No comments. Round 3 PDP Final Drainage Report for Montava Subdivision Phase D, September 18, 2024 Filename: 5_DRAINAGE_Montava Phase D Core_BDR_Rd3.pdf 20. LWIC’s attorney has indicated that any drainage through the wooden box culvert under the railroad is not a part of the 1986 AB Agreement, and therefore, LWIC does not allow a change to the historical quantity, quality, type, rate, or location of water draining into the LWC. Wheeler reviewed the proposed drainage documents and believes that the volume Larimer and Weld Irrigation Company & WRCC October 21, 2024 Page 5 of 8 of discharge will increase with Phase D, and thus is not acceptable. Please revise the plans to meet the LWIC requirements or develop a system that conveys the runoff to the Cooper Slough on the south side of the LWC canal. 21. The revised drainage plans show a channel from the Phase D outfall to the 1-foot by 2- foot box culvert, eliminating inadvertent detention that likely occurred with the existing topography. This will result in higher stormwater discharge during small storm events than occurred in the past. As described above, LWIC does not allow a change to the historical quantity, quality, type, rate, or location of water draining into the LWC. The proposed design is not acceptable. Comments on Stormwater Management Plan for Montava Subdivision Phase D. Filename: 5_SWMP_Montava Phase D Core_BDR_Rd2 - RESPONSES.pdf 22. No comments. Example Erosion and Sediment Control Escrow Calculations (2 files) Filename: 6_EROSION CONTROL ESCROW_Montava Phase D Core _BDR_Rd3.pdf & 6_NON-POT CONSTRUCTION PLANS ESCROW_Montava Phase D Core _BDR_Rd3.pdf 23. Wheeler did not review these documents. Erosion Control Report for Montava Subdivision Phase D, September 18, 2024 Filename: 5_SWMP_Montava Phase D Core_BDR_Rd3.pdf 24. Section 1.5 states “The major drainage way that is being utilized for Phase D is the Larimer and Weld Canal which is ultimately received by the Cache la Poudre River.” This statement is false as the LWC is not received by the Cache la Poudre River. Comments Responses on Utility Plans for Montava Non-Pot Pump Station, July 2024. Filename: 6_NON-POT CONSTRUCTION PLANS_Montava Phase D Core _BDR_Rd2 - RESPONSES.pdf 25. Wheeler did not review this document. Utility Plans for Montava Non-Pot Pump Station, September 2024. Filename: 6_NON-POT CONSTRUCTION PLANS_Montava Phase D Core _BDR_Rd3.pdf 26. These plans refer to the WRCC right-of-way as "75' No.8 Ditch ROW". Please chance this to "No. 8 Outlet Ditch 75 ft Divide Canal Reservoir Co Deed, Bk 187 pg70 and Bk187 pg178". Appendix E-4, City of Fort Collins, Requirements for Utility Plans Filename: 6_NON-POT E4 Checklist_Montava Phase D Core_BDR_Rd3.pdf Larimer and Weld Irrigation Company & WRCC October 21, 2024 Page 6 of 8 27. Wheeler did not review this document. Erosion Control Report for Montava Non-Pot Pump Station, September 18, 2024 Filename: 6_NON-POT SYSTEM ECR_Montava Phase D Core_BDR_Rd3.pdf 28. Section 1.5 states “The major drainage way that is being utilized for Phase D is the Larimer and Weld Canal which is ultimately received by the Cache la Poudre River.” This statement is false as the LWC is not received by the Cache la Poudre River. Non-Potable Irrigation System Report For Montava Subdivision, July 2024. Filename: 6_NON-POT SYSTEM REPORT_Montava Phase D Core_BDR_Rd3.pdf 29. Wheeler did not review this report as it has the same date as the round 2 submittal. Memorandum re: Follow up on Phase D stormwater drainage meeting 8-8-24 & Appendices Filenames: 6_OTHER_LWIC Donovan_COMMENT RESPONSES_Montava Phase D Core_BDR_Rd3.pdf & 6_OTHER_LWIC Donovan_RESPONSES APPENDICES_Montava Phase D Core_BDR_Rd3.pdf 30. The appendices included excerpts from “Drainage Report for Site Master Plan and Phase 1 PUD, Anheuser-Busch Companies, Inc., Fort Collins, Colorado (Resource Consultants, Inc, November, 1983) [herein the 1983 Report]. While the memo indicates that Montava was unable to locate the full report, the appendix included pages 3 through 5, page 8 and Table 1 from the report. Montava should provide all parts of the document they possess rather than excerpts. 31. The Montava response memo includes this statement “The 1983 report is the best evidence of what the existing drainage conditions were like at the time of the 1986 AB Agreement and what the parties were trying to address in that Agreement.” Table 1 from the 1983 Report (Summary of Peak flows for existing conditions) includes element 123, Total inflow to Larimer and Weld Canal in Sec 4, which indicates 250 cfs under a 1–100- year storm event. However, because Montava did not provide figure 2, it’s unclear what elements are connected to this element, and thus impossible to verify the assumptions and modeling logic used. 32. Additionally, Table 1 of the 1983 Study also includes element 119 (Ponding behind Railroad in NW1/4 of Section 4). Wheeler believes that this element likely represents the 1-foot by 2-foot wooden box culvert that Montava believes is the sole point source discharge from land located west of the railroad to the LWC. The 100-year flow listed in Table 1 for this location is 15 cfs. Wheeler cannot determine if the 250 cfs listed for element 123 includes the 15 cfs from element 119 or not, but the 1983 report concluded there was not significant flows into the LWC from the 1-foot by 2-foot wooden box culvert. Larimer and Weld Irrigation Company & WRCC October 21, 2024 Page 7 of 8 Responses to August 7, 2024 Comment Letter. Filename: 6_OTHER_LWIC Wheeler_COMMENT RESPONSES_Montava Phase D Core_BDR_Rd3.pdf 33. Wheeler does not have any comments. Comment Response, ELCO Comments on Utility Plans Filename: 6_OTHER_Utility Plans-ELCO-COMMENT RESPONSE - Montava Phase D Core_BDR_Rd2.pdf 34. Wheeler did not review this document. Comment Response ELCO Comments on Water Plan and Profiles Filenames: 6_OTHER_Utility Plans-ELCO-COMMENT RESPONSE - Montava Phase D Core_BDR_Rd2.pdf & 6_OTHER_Water Line Plan and Profiles-ELCO-COMMENT RESPONSE - Montava Phase D Core_BDR_Rd2.pdf 35. Wheeler did not review these documents. PFA Fire Turn Templates Filename: 6_PFA_Truck Turn Ex_Montava Phase D Core_BDR_Rd3.pdf 36. Wheeler did not review this document. Traffic Impact Study, Montava Phase D, September 2024 Filename: 6_TRAFFIC_Montava Phase D Core_BDR_Rd3.pdf 37. Wheeler did not review this document. Variance Requests and Respones Filenames: 6_VAR-ENG Centerline Radius_Montava Phase D Core_BDR_Rd3.pdf 6_VAR-ENG Centerline Tangent_Montava Phase D Core_BDR_Rd3.pdf 6_VAR-ENG Centerline Tangent2_Montava Phase D Core_BDR_Rd3.pdf 6_VAR-ENG Roadway Sections_Montava Phase D Core_BDR_Rd2 - RESPONSES.pdf 6_VAR-ENG Roadway Sections_Montava Phase D Core_BDR_Rd3.pdf 38. Wheeler did not review these documents. Larimer and Weld Irrigation Company & WRCC October 21, 2024 Page 8 of 8 Wheeler recommends that Montava address the issues above before LWIC or WRCC provides any notice to the City of Fort Collins approving these plans. In addition to the issues above, there are several legal issues that need to be resolved. 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, Andy Pineda, 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\Rd 3 Oct 2024\10-21-24 Phase D Round 3 Comments.docx