HomeMy WebLinkAboutLIBERTY FARMS - PDP - 31-06A - CORRESPONDENCE - (14)developer confer with our ditch superintendent, Mr. Bill Johnston, at 222-0090 to determine
what seep history there may be in that area.
Thank you for bringing these matters to the attention of the developer. We will look
forward to the steps that are being taken to address and mitigate our concerns.
Yours very truly,
MAYO SOMMERMEYER, P.C.
Mayo Sommermeyer
MS/jp
cc: Donn Engel
Bill Johnston
DICTATED BUT NOT READ
RECEIVED
TIMOTHY J. DOW, MBA, JD
PATRICIA T. DOW, CPA, JD, LLM'
MAYO SOMMERMEYER, LLC
OFCOUNSEL
THE Dow LAw FIRM, LLC
ATTORNEYS AND COUNSELORS AT LAW
P.O. BOX 1578
FORT COLLINS, COLORADO 80522-1578
(970)498-9900
FAX: (970) 498-9966
E-MAIL: dow(tT�,dowlawfirm.com
August 23, 2007
Steve Olt
Project Planner
City of Fort Collins Planning and Zoning Department
P.O. Box 580
Fort Collins, CO 80522-0580
Re: #31-06A Liberty Farms PDP — Type II
Dear Mr. Olt:
I am general counsel for the Larimer and Weld Irrigation Company.
AUG 2 7 ?097
CURRENT PLANNING
N 7 CLOCK TOWER SQUARE
323 SOUTH COLLEGE AVENUE
FORT COLLINS, COLORADO 80524
ALSO ADAIITTED TO PRACTICE LAW IN NEBRASK
I have reviewed the submissions of August 8, 2007 with the accompanying project
comments sheet.
Our major supply ditch, the Larimer and Weld Canal, runs on the northern boundary of
this subdivision. We have two major concerns:
There must be maintained a maintenance and operation road on the south side of the ditch
(the low side) that is at least 25 feet wide from the edge of the ditch perpendicularly
measured out. In scaling off the drawings it appears to me that along a portion of the
northeasterly corner of this subdivision, primarily along Tract C and a portion of Lot 4
that the access road has not been provided at a width of 25 feet.
2. There should be some type of fencing along the northerly boundary of the subdivision to
keep out or discourage people from the subdivision from accessing the ditch maintenance
road and the irrigation ditch. The ditch at that point is quite wide and carries a large
amount of water. If a person or animal were to find themselves in the ditch when we are
running a full ditch it is likely they may not survive. A fence also keeps the ditch bank
and the ditch shelf from being a depository for unwanted personal items or yard refuse.
By way of caution, the developer should be aware of the fact that there is probably some
degree of "seep" from this ditch when it is running. There are many areas along the ditch where
there is significant seep, which may have an effect on how foundations, barrier walls, and other
construction details are approached and handled. It will be recommended by me that the