HomeMy WebLinkAbout2012-012-02/21/2012-AUTHORIZING A REVOCABLE PERMIT FOR LAFARGE WEST, INC., TO ACCESS AND COMPLETE INITIAL WORK TO REPAIR RESOLUTION 2012-012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A REVOCABLE PERMIT FOR LAFARGE WEST, INC.,
TO ACCESS AND COMPLETE INITIAL WORK TO REPAIR A BREACH IN THE
RIVERBANK WITHIN THE ARCHERY RANGE NATURAL AREA
WHEREAS, Lafarge West, Inc. ("Lafarge"), owns and operates a gravel mine in Larimer
County known as the Port of Entry Pit (the "POE Pit"); and
WHEREAS, during spring runoff in 2011, flows in the Cache La Poudre River overtopped
the riverbank near the northwest corner of the POE Pit, and the erosive effect of the flows into the
POE Pit resulted in a breach of the riverbank that diverted flows from the riverbed into the POE Pit;
and
WHEREAS,the breach of the riverbank is located on a portion of the City's Archery Range
Natural Area, described on Exhibit "A", attached and incorporated herein by this reference (the
"Permit Area"); and
WHEREAS,the Colorado Division of Reclamation,Mining and Safety("CDRMS"),which
permits and regulates mining activities in the State, has determined that the breach constitutes a
violation of the legal requirements applicable to Lafarge's mining of the POE Pit; and
WHEREAS, CDRMS has presented its findings to the Colorado Mined Land Reclamation
Board at that Board's January 2012 meeting, and as a result of that discussion of the issue, Lafarge
has been directed to develop plans for immediate steps to repair the breach before the 2012 spring
runoff, and to prepare a technical permit revision for CDRMS approval; and
WHEREAS, although additional analysis and more extensive work will be required to
address the river stability issues caused by the proximity of the POE Pit to the river,immediate work
is needed in order to preverit aggravation of the existing condition by high flows in the coming
months; and
WHEREAS, Lafarge has committed to working with the City and with other affected
property owners in the vicinity to design and implement more comprehensive measures to address
the river stability issues; and
WHEREAS, in order to carry out the immediate work to repair the breach, Lafarge has
requested that the City grant a revocable permit for access, to and reconstruction of, the riverbank
within the Permit Area, consistent with plans to be approved by the City;.and
WHEREAS,the revocable permit will require that Lafarge cover the reconstructed area with
topsoil and suitable native vegetation,and otherwise perform its work in accordance with the City's
Natural Areas and Conserved Lands Resource Protection Standards; and
WHEREAS, Lafarge will be required to pay $1,500 to cover City administrative costs
associated with processing the requested revocable permit; and
WHEREAS,Lafarge will further be required to enter into a permanent easement agreement
for ongoing maintenance and repair of the riverbank, and to obtain a permanent easement from the
City in order to carry out the future obligations on, and in the vicinity of, the Permit Area; and
WHEREAS,it is in the City's interest for the riverbank to be repaired and reconstructed prior
to high flows in spring 2012,and the granting of a revocable permit as described herein will enable
that work to proceed; and
WHEREAS,Article XI,Section 10 of the City Charter authorizes the City Council to permit
the use of occupation of any street, alley, or public place, provided that such permit shall be
revocable by the City Council at its pleasure, whether or not such right to revoke is expressly
reserved in such permit.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds and determines that the granting of a
revocable permit, as described herein, is for the benefit of the citizens of Fort Collins and in the
interest of the City.
Section 2. That the City Manager is hereby authorized to execute such documents as are
necessary to grant a revocable permit to Lafarge, consistent with the terms of this Resolution,
together with such additional terms,and conditions as the City Manager,in consultation with the City
Attorney, determines to be necessary and appropriate to protect the interests of the City or to
effectuate the purposes of this Resolution, including any necessary corrections to the legal
descriptions thereof that do not result in a material increase or change in character of the Permit
Area.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21 st
day of February A.D. 2012.
M or
ATTEST: �� FQRTcO
EAL
City Clerk
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