February 13, NISP Open House

MEMORANDUM

February 10, 2017

To:       John Stokes

City Council and City Manager

From: League of Women Voters of Larimer County

By: Sarah Pitts,Spokesperson

RE: NISP  Open House

On behalf of the League, thank you for giving all Fort Collins residents the opportunity to be informed about the City’s thinking on NISP-related matters at the Open House this Monday, February 13th. In anticipation of that meeting, we in the League are looking forward to getting information from you on the following matter.

  1. Process
    1. What is the intended scope of negotiations; i.e., any topics specifically on or off the table?
    2. Would negotiations be time-limited?
    3. Does Northern have legal authority to enter into a binding agreement with the City regarding NISP? If not, what steps would they have to take to get such authority?
    4. If City and Northern enter into a written agreement, would such agreement affect the Army Corps’ deliberations?
    5. In the event that the Army Corps grants a NISP permit, could that obviate or void a City-Northern agreement in whole? In part?
    6. Does the City intend to frame an agreement with Northern that is outside the NEPA framework?
      1. Defines and addresses significant negative environmental impacts that are
        1. included in the EIS?
        2. As well as those not addressed in the EIS?
    7. How do you intend to determine existence and scope of negative impacts?
    8. How do you intend to compute and collect costs of mitigation?
  1. City Status as to NISP and CLP:
    1. Please specify any new facts or other factors that the City has found that would cause it to alter its 2015 NISP comment letter to the Army Corps.
    2. The current proposal would have Northern take water from the Poudre River at Mulberry.
      1. How would that affect the City’s natural areas/wetlands that lie east of the proposed take out point?
      2. What impact would it have on future development in east and southeast Fort Collins?
    3. In the past ten years, how much money has the City spent — directly and indirectly – on the Poudre River channel through the City and City-owned property?
  1. What recourse would the City have if Northern failed to perform its obligations under any such agreement?

Thank you for your consideration of this email.