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HomeMy WebLinkAboutLIND PROPERTY - PDP - 39-94B - LEGAL DOCS - PRIVATE ENTITIESOf concern is the number of crossings for vehicle and/or pedestrian traffic and the interconnect to future neighborhoods. This portion of the ditch is owned by WRCC. We are concerned with the number of crossings unreasonably interfering with and impairing our ability to travel and inspect this ditch on a regular basis as well as to operate equipment along the ditch to maintain it. It is very difficult to operate a backhoe under a bridge! Any approaches, curbs and railings dealing with the approaches to any bridge crossing need to be designed such that they do not interfere with the ability to operate vehicles and equipment along the edge of the ditch. Thus, we would like to be prospectively informed of the proposed design criteria for these structures and their immediate surrounding area. Yours very truly, MAYO SOMME E R,.P Mayo Somme yer MS/hb PC: Donn Engel, WRCC Kenneth Lind Yvonne Seaman, Centex Homes .C. TIMOTHY J. DOW, MBA, 1D PATRICIA T. DOW, CPA, JD, LLM* MAYO SOMMERMEYER, PC** OF COUNSEL • ALSO ADMITTED TO PRACTICE LAW IN NEBRASKA ••ALSO ADMITTED TO PRACTICE LAW IN WYOMING THE DOW LAW FIRM, LLC ATTORNEYS AND COUNSELORS AT LAW P.O. BOX 1578 FORT COLLINS, COLORADO 80522-1578 (970) 498-9900 Via Hand Delivery Bob Barkeen City of Fort Collins Current Planning 281 N. College Ave. Fort Collins, CO 80524 FAX: (970) 498-9966 E-MAIL: dow@dowlawfirm.com November 12, 2002 Re: Project #39-94B Lind Property PDP — Type II (LUC) Our Client: Windsor Reservoir & Canal Company Dear Mr. Barkeen: # 7 CLOCK TOWER SQUARE 323 SOUTH COLLEGE AVENUE FORT COLLINS, COLORADO 80524 2312 CAREY AVENUE CHEYENNE, WYOMING 82001 (307)634-1541 I represent the Windsor Reservoir & Canal Company. We are the owners and users of the very large ditch which generally runs along the easterly portion of this project, often known as the "No. 8 Outfall Ditch." I have reviewed this submission with your Project Comment Sheet of October 16, 2002. I have also reviewed the items under Storm Drainage at page 3 of the Response to Conceptual Review Comments. On behalf of our client, we comment further as follows: Storm Drainage / Retention We have not seen the drainage report, so we have no idea what is proposed in this regard. A critical concern is that the retention be of sufficient quantity to hold water for a period of time between 4 and 8 hours prior to discharging into the irrigation ditch, and then at a control rate. This is necessary to give us the opportunity to shut down the ditch in the event that it is flowing at capacity at the time of a storm. 2. Access / Crossings The ditch company needs an access of at least 25 feet running along the east side of the ditch. Because of the size and steepness of this ditch, this access will need to be carefully planned and worked into the future stabilization or reduction in the slope. Considering the steepness of the ditch and the fact that there is continual falloff, even a 25-foot wide right-of-way right now might not be adequate because if heavy equipment were operated that close to the edge, it would likely fall into the ditch.