HomeMy WebLinkAboutTHE GROVE AT FORT COLLINS - PDP - 16-10B - CORRESPONDENCE - (71),,, e
GENE E. FISCHER, P.C.
Gene E. Fischer 125 South Howes Street, Suite 900 Phone: 970-482-4710
Post Office Box 506 Facsimile (970-482-4729
Fort Collins, Colorado 80522-0506 ID #84-1240245
March 10, 2011
Mr. John L. Strachan Mr. Clyde Greenwood
640 Heather Court Post Office Box 580
Fort Collins, Colorado 80525 Fort Collins, Colorado 80522
Ms. Nancy Hurt Ms. Susan Smolnik
Post Office Box 483 Post Office Box 580
Fort Collins, Colorado 80525 Fort Collins, Colorado 80525
Mr. Steve Stiesmeyer
3404 East Harmony Road, MS 13
Fort Collins, Colorado 80528
Dear Board Members:
We have received a request from Campus Crest Development who is planning a development
along Centre Avenue adjacent to the Larimer No. 2 ditch. This project was discussed at the annual
meeting, and plans have now been revised to provide for relocation of the No. 2 ditch.
President Strachan, Superintendent Moen and myself met with attorney, Lucia Liley, and
others the morning of March 9. I have requested a retainer of $5,000.00 to cover all legal and
engineering costs. I will ask John Andrew to handle this final item prior to his retirement.
We will be furnished with a copy of the soil tests. All precautions plus a forever warranty
will be required.
The old ditch will not be filled although it seems to me that the dirt from the excavation for
the new ditch could be used for fill rather than hauled off site. ,l�will keep you informed as things
develop. /
GEF/rh
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Steve Olt
From: Lindsay Ex
Sent: Tuesday, March 15, 2011 10:22 AM
To: Linda Ripley
Cc: 'Nick Haws'; 'Michael Phelan'; Steve Olt
Subject: The Grove - Ditch Relocation and ECS
Attachments: Board letter 031011.pdf
Good morning Linda, Nick, Mike, and Steve,
As per our discussion yesterday and some previous correspondence, I would like to clarify two items:
1. During our site visit regarding the ditch relocation, I noticed hydrophytic vegetation and was concerned that
some areas within the ditch could be considered jurisdictional wetlands. As Larimer Canal No. 2 drains into
Mail Creek, wetlands within the ditch area are classified as waters of the US. However, as ditch company
maintenance activities are exempt from regulation by the Corps, they will not require notification or a permit
if the ditch company is the lead on relocating the ditch. As per the attached Board letter, it does appear
that the ditch company is leading the ditch relocation, and thus, the Corps would not regulate this issue.
However, as an FYI, if the developer is technically leading the ditch relocation, then all permitting
processes MUST be adhered to.
2. ECS update — as per the board letter that indicates the ditch company is the lead on relocating the ditch, I
would think that an ECS supplement to discuss how the ditch relocation affects/enhances/disturbs the
overall wildlife habitat in the area would be appropriate. Specifically, as the existing ditch will become a
remnant ditch, what will the habitat in this area look like? What will its value be? What species will use it,
etc. All the same questions one normally addresses in an ECS. The key is that the character of the existing
ditch will change and we just want to know how that change will affect the area's resources.
Let me know if you have any questions.
Thanks,
Lindsay
Lindsay Ex
Environmental Planner
CDNS I City of Fort Collins
IexCalfcgov.com
970.224.6143
Office Hours: M 8-5; T-Th-8-12
3/28/2011