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HomeMy WebLinkAboutHARBOR WALK ESTATES PUD PHASE II REPLAT LOT 1 - Filed GC-GENERAL CORRESPONDENCE - 2004-08-09Develof ent Services Planning Department City of Fort Collin, MEMORANDUM TO: Reviewing Agencies FROM: Sherry Albertson -Clark, Chief Planner ZOn I1�11 / RE: Harbor Walk Estates PUD, Phase II J'' DATE: February 8, 1990 Attached are several sets of plans relating to Harbor Walk Estates PUD, Phase II for your review. The subdivision plat reflecting 16 lots was approved by the Planning and Zoning Board in 1988; however, since the development agreement was not signed, the approved plans have never been filed or recorded. Your input is being sought as to whether there are any necessary changes needed on this plat or the utility plans before being filed. Approval is being sought for the minor subdivision plat, which proposes a phased development of a portion of Harbor Walk Estates PUD, Phase 11. The minor plat consists of reducing the number of lots from six to five and for phasing the construction of Harbor Walk Lane. Thanks for your input! �011 L.i I'ortr rAw onus �'li �Ji IoIt Collins. 0O 807;'-, City ma, Iy � tr City of Port Collins September 6, 1990 Mr. Jerry Tworek Permit Coordinator --Regulatory Branch U.S. Army Corps of Engineers P.O. Box 5 Omaha, Nebraska 68101-0005 Dear Mr. Tworek: This letter responds to the Public Notice issued August 9, 1990 on Permit Application No. CO 2SB OXT 2 15645. The permit application was submitted by the Warren Lake Reservoir Company for proposed dredge and fi'Ll activities in Warren Lake, which is located within the city limits of the City of Fort Collins. The City of Fort Collins has approved a Planned Unit Development for the proposed residential development located, at the east end of Warren Lake. During the City's development review process, it was recognized that a permit would be required from the Corps of Engineers. However, the public notice on the permit application raises several issues that were not considered during the development review process and must be resolved before a decision is reached on the proposed permit application. The following issues are of concern to the City of Fort Collins. 1. Groundwater Seepage. The City is concerned that Lemay Avenue, a major arterial street, may be damaged by a rise in the groundwater table resulting from the proposed removal of 50,000 cubic yards of material from the lake bed. The City recently solved a groundwater seepage problem from the Warren Lake Reservoir by installing an underground drainage pipe in a washed rock trench. If the lake bed is disturbed and the lake bed seal is broken, additional lake water could enter the groundwater table and exceed the capacity of the 8-10- inch diameter pipe, resulting in damage to Lemay Avenue. 2. Material Haulina. We are concerned that City streets may be damaged by the proposal to haul 74,000 cubic yards of fill material for the east shore and the cofferdam. Area streets were not built to support the repeated truck loading proposed by the permit applicant. This site has only one access route, which compounds the concerns we have regarding street damage. 300 LaPorte Avenue - ItO. Bur 580 • Purl Collins, CO 80522-0580 • (303) 221-6505 3. Potential Rise in Groundwater Table. The cofferdam which is included in the application is a new project feature which was not included in previous proposals reviewed by the City. We are concerned that raising the water level behind the cofferdam would raise the groundwater table in the surrounding residential areas. Many homes already have sump pumps and additional water may exceed their capacity, causing home flooding or foundation settlement. 4. Effects on Wetlands and Wildlife Habitat. The City actively works to protect wetlands and sensitive wildlife habitat areas within its boundaries. Warren Lake and the surrounding mudflats, emergent wetlands, and cottonwood/willow forest are mapped by the City as areas of high sensitivity. While the stated purpose of the cofferdam is to mitigate the loss of mudflats at the east end of the reservoir, additional information is required to evaluate the overall effect on wetlands and wildlife habitat. Specific information is needed on: a) the mitigation objectives of the proposed cofferdam, b) the proposed construction schedule and plan for the cofferdam, c) changes in the hydrologic regime on both sides of the cofferdam, and d) projected changes in wetland communities on both sides of the cofferdam. It is our opinion that the proposed project cannot be judged to be in the public interest until these concerns are fully addressed and, therefore, a permit should not be issued at this time. The City of Fort Collins has five specific requests to make of the Corps of Engineers: 1. That the Corps of Engineers extend the review period on the permit application to allow sufficient time for the permit applicant to satisfactorily address the City's concerns. 2. That the Corps of Engineers specifically address our concerns and those expressed by individual city residents in the Environmental Assessment required under the National Environmental Policy Act. Public review of the Environmental Assessment should be allowed prior to reaching a final decision on the application. 3. That a public hearing be scheduled in Fort Collins to receive public comment on the proposed project. The hearing format should be established to allow a full explanation of the proposed project. 4. That the Corps of Engineers notify the City in advance of any meetings or site -visits regarding the proposal so that a City representative may attend. 5. That the City be provided with information from the administrative record on the permit application which is pertinent to our concerns. This would include, but not be limited to: the Environmental Assessment and all other environmental documentation prepared under the National Environmental Policy Act; all correspondence and meeting notes relative to the Fish and Wildlife Coordination Act and the Endangered Species Act; and the Statement of Findings prepared by the Corps of Engineers. Thank you for the opportunity to comment on the proposed permit application. If you should need further information or clarification on our concerns or requests, please contact Tom Shoemaker, Natural Resources Administrator, at (303) 221-6600. Sin 2rely, Steven C. Burkett City Manager Message. Dated: 09/12/90 at 1331. Subject: Warren Lake Gender: Tom SHOEMAKER / CFC52/01 Contents: 2^ TO: Mike HERZIG / CFC52/01 Part 1. TO: Mike DAVIS / CFC52/01 Mike HERZIG / CFC52/01 Tom PETERSON / CFC52/01 Part 2. A couple of items to follow—up on our meeting today. 1. I think that we should write a clarfication letter re: the hauling and seepage concerns. Better to admit that we were slightly off, than to try to hide it. The concerns are valid, but it doesn't sound like our representation of the development agreement was. This clarification should be provided to the Corps and the developer. 2. Based on a phone call today, I think we need to develop a fact sheet to explain the city's role in all this, the facts of our concerns, and other is ad 3. I think we need to consider options for helping gather the facts on the proposal and disseminate them. If we can bring people together and help identify solutions, then -I think we're playing an important role. It may be unusual, but given the city's entanglements here, it seems to me appropri A I don't think that a public meeting is appropriate yet, but it may be once w have had opportunity to gather additional information. We shouldn't hold a public session until we are in a position to increase citizen understandin 4. What about the idea of a meeting between city staff and the developer, the reservoir company, and the engineering firm to discuss the concerns. I have a feeling with respect to the coffer dam, that the engineering firm could answer most of the questions at that time. 5. I requested last week copies of the administrative record' to date' from the COE. I received that information today and will send you copies today. There is more elaboration on the coffer dam and some other issues. 6. Mike Herzig, would you send me a ropy of the development agreement? Thanks. Tom End of Item 6. Tntray > 9/13/90 Draft Letter To Mike Sollenberger RE: Harbor Walk Estates P"U'D., Phase 2 This letter is in response to your concerns mentioned in our phone conversation about statements made in my letter dated September 6, 1990, to the U.S. Army Corps of Engineers regarding the permit appli- cation for Harbor Walk Estates and the proposed coffer dam in Warren Lake. It is apparent in researching our files that we misstated the City concerns regarding the first two issues, Groundwater Seepage and Material Hauling. At the time the letter was composed Gary Diede, Director of Engineering, and Mike Herzig, Development Engineering Man- ager, recalled nhat the development agreement language for Harbor Walk was only for the replat of 6 lots. But, with further review of the files we undersnanU your concern that the agreement actually addresses the entire 16 lot development. The letter should not have addressed any concern about the fill at the east end of the Lake for the spe- cific development. However, we still has the same concerns about seepage and possible hauling damage to the streets for activities related to the proposed construction of the cofferdam, and the letter to the Corps should state as such. To fix the mistake we will send another letter to the Corps to clarify the point, and l will send you a copy. l am sorry for any problem this may have caused for you. please let me know if I can be of fur- ther assistance. Sincerely, Steven C. Burkett City Manager Need a letter to the Corps to revise our comments in the letter dated September h, 19VO , to replace concerns 1 & 2 with the new language. or perhaps Jr_i<_st a new letter-. 1. Groundwater Seepage. The City is concerned that any excavation in the bottom of Warren Lake could cause an increase in seepage down stream from the existing dam that would possibly overtax; a subdrain system installed under Lemay Avenue. The City recently solved a ground water- seepage- problem from Warren Lake, where water was perco- lating out of the ground in the street, by installing a subdrain to intercepL the groundwater to prevent damage to the street_. During the construction of the subdrain, granular lenses were discovered that carried significant water flows. The lenses could extend under the lake and provide conduits for incresed seepage if the natural seal of the lake bottom is disturbed. The City has addressed the concern with the developer- for the proposed fill at the east end of the lake. How -- ever.., the concern is still the same for any excavation in the lake bottom for construction of a cofferdam. 2. Material Hauling. We are concerned that City streets may be damaged by the proposail to haul 74,000 cubic yards of fill material for the cofferdam. Area streets were not built to support the repeated truck loading proposed by the permit applicant. We want to develop a haul plan to determine routes to the site that would mini- mize potential damage, and develop criteria for the permit applicant to repair street damage that does occur from the haul. INFORMATION SHEET TOPIC: Harbor Walk PUD, Phase Two and 404 Permit Application for Warren Lake DATE: September 19, 1990 A number of questions have recently been raised by Fort Collins citizens regarding the Warren Lake Reservoir Company's application to the Armv Corps of Engineers to fill portions of Warren LaKe. This application is for a 404 Permit. .Application No. CO :SB OXT , 015645, This information sheet has been prepared to answer questions related to the planned development and associated application for a permit to fill a portion of the lake. As further information is obtained, or additional questions are raised, we anticipate updating the Information Sheet and making it available to interested citizens. I. What is the status of the Harbor Walk Development? The Harbor Walk PUD, Phase Two, was approved by the Planning and Zoning Board on October 24, 1988. This development plan consisted of 16 lots along the eastern edge of Warren Lake. All of these lots have lake frontage. To be made developable, all lots would have to receive fill material. In approving this development plan, the Planning and Zoning Board was aware that large amounts of fill would be needed for the site. The developer has approval from the Army Corps of Engineers, under a Nationwide Permit, to fill .99 acre and to develop the first five lots. The ability to develop the remaining lots hinges on the 404 Permit being approved and issued. As part of the development review process, a Development Agreement, specifving all standard and special requirements for development, was negotiated between the City and the developer. Included in the Development Agreement for Harbor Walk PUD, Phase Two, are stipulations regarding the hauling of fill material on City street and excavation of fill material from the Warren Lake bottom, so that seepage would not increase. Execution of the agreement is a prerequisite to development proceeding. An agreement has been developed between the City and the developer as a condition of plan approvaL. This agreement will be executed in the near future. _. What is a 404 Permit? A 404 Permit must be issued by the Army Corps of Engineers, under Section 404 of the Clean Water Act, for certain activities that affect wetlands or bodies of water. In this case, a request to fill portions of Warren Lake requires that a 404 Permit be issued prior to any fill of the lake. The fill is proposed so that an area along the eastern side of the lake (Harbor Walk PUD, Phase Two) may be developed by a private developer. The Harbor Walk developer has approval to fill less than one acre, under a Nationwide Permit, which would allow development on five of the Harbor Walk lots. A Nationwide Permit was granted nationwide by the Corps, allowing fill of wetlands or similar activities on bodies of water, as long as the fill is less than one acre. No permit is required for such activities and typically, anv review by the Corps is administrative. 3. Who is the permit ar)Dlicant? The permit application has been submitted by the Warren Lake Reservoir Company, c/o Ron Ruff, President, P. O. Box 506, Fort Collins, CO 80522. Telephone number is 484-0622, or Gene Fischer, .Attorney, at 482-4710. The authorized agent for the reservoir company is Nelson Engineers, 822 Seventh Street, Suite 520, Greeley, CO 80631. Telephone number is 356-6362. 4. What are the specifics of this 404 Permit application' Based on information provided by the Corps, the project consists of filling approximately 4.6 acres of shore/lake bed, in conjunction with widening the existing dam at the east end of the lake (adjacent to Lemay Avenue). This project would increase the width of the top of the dam by approximately IM feet, from its current 30 foot width. Approximately 110,000 cubic yards (cy( of fill material is required to achieve the necessary grade along the 1300 foot embankment to permit development of residential units, known as Harbor Walk PUD, Phase Two. It is proposed that 50,000 cy of fill be obtained From the lake bed. with the remaining fill material imported to the site by truck over City streets. To compensate for the loss of the 4.6 acres to be filled, the applicant proposes to mitigate the impact by the establishment of a new habitat area, to be located at the western inlet area to the lake. This would be accomplished by the construction of an earthen cofferdam to separate 20.9 acres of lake from the main pool of the lake. The cofferdam would reate a permanent pool, (with an average depth of five feet), operating at or near the lake's normal high water level. 5. What is the Army Corps of Engineers' role in the 404 Permit process' The Corps is the lead federal agency responsible for review and issuance of 304 Permits. As part of the permit application process, the Corps is responsible for soliciting public comments to consider and evaluate the impacts of the proposed activity. 6. Who is the contact at the Army Corps of Engineers? The contact is Jerome Tworek, Army Corps of Engineers, Regulatory Branch, West Section, Operations Division, P. O. Box 5, Omaha, Nebraska 68101-0005. The telephone number is (402) 221.4173. 7. What is the Citv of Fort Collins' role in the Permit process' The City has several roles to play relative to this permit application and the development of the, eastern side of Warren Lake. a. On October 24, 1988, the City Planning and Zoning Board approved the Harbor Walk PUD, Phase Two development plans. The City was fulfilling its responsibility as a land use and development regulator by approving this development in accordance with established City policies and procedures. b. The City is also a share holder in the Warren Lake Reservoir Company. The City does not sit on the Board of Directors, nor does it exercise influence or control over decisions by the Reservoir Board of Directors. The decision to file a 404 Permit application with the Army Corps of Engineers was based on the developer proceeding in good faith to implement the development plan approved by the City. This development plan necessitates the proposed fill in order to create developable lots. c. The City Council's role in all this is to see that development of the eastern shoreline of the lake, as approved by the Planning and Zoning Board, proceeds in an orderly fashion. The City's position in this regard is to support the approved land use and development of these lots, provided proper mitigation can be achieved and federal interests can be satisfied. This application for a 404 Permit is intended to make sure that these interests can and will be resolved as a condition of permit issuance. d. The Citv's objective is to see that the 404 Permit receives a "clean bill of health" relative to hydrologic and environmental issues that may be related to the construction of the proposed cofferdam and the filling of a portion of the lake's eastern shoreline. We believe that the more informed the public is, the better the decision and the higher the quality of the project. e. As an interested party, the City of Fort Collins has the same role and opportunities that any interested citizen has. This includes providing public comment during the permit application eview period and requesting that a public hearing be held. 8. What does the 404 permit public participation process entail? Once a permit application is received by the Army Corps of Engineers, a 30-day notice is issued, during which time, public comment on the application is received. The notice for the Warren Lake permit was issued on August 9, 1990 and expired on September 10, 1990. Requests for a public hearing must be made, in writing, during this 30-day period. The decision to hold a public hearing rests with the Corps' District Engineer. Once public comment is received, copies of all written comments are forwarded to the permit applicant (Warren Lake Reservoir Company). The Corps requires the applicant to respond to significant issues, as determined by the Corps. An additional 30-day time period may be given to the applicant in which to respond. After the applicant's response is reviewed by the Corps, all materials related to the permit application are assembled and the Corps (in this case, the Omaha District Office) makes a decision on the application. All comments received will be considered in determining whether to issue, modify, condition or deny the requested permit. 9. Will there be a public hearing? To date, the Corps has not made a decision regarding whether a public hearing will be held. If the Corps' District Engineer decides that a public hearing should be held, the Corps has indicated that "interested parties will be notified of the date, time and location". In the typical public hearing setting, the Corps takes public comment. There is limited discussion regarding the 404 Permit application. The City of Fort Collins has requested that the public hearing include a full explanation of the proposed project. The City has also requested that the review period on the permit application be extended to allow sufficient time for the permit applicant to satisfactorily address the City's concerns. If an extension is granted, we could expect no more than 30 days for additional public comment. The period for any extensions (if granted) would be specified by the Corps. 10. What considerations will the Army Corps of Engineers use in evaluating the permit application? The Corps is required, under the National Environmental Policy Act (NEPA) of 1969, to provide an environmental assessment of a wide range of impacts on the human, physical and biological environment during review of a 404 Permit application. If impacts are found to be significant, an Environmental Impact Statement would be prepared by the Corps and be made available for public review and comment. 11. How is fill material to be brought to the site? In accordance with the proposed Development Agreement, the developer must submit a hauling plan to the City for approval prior to beginning any construction or importation of fill material to the development site. The hauling plan must include the proposed route, schedule for the haul, number of trucks to be used and load characteristics of all trucks. As stipulated in the Development .Agreement, every other loaded hauling truck originating from south of Harmony Road must use an alternate route other than north on Lemay Avenue to the development site. I'. What concerns has the City of Fort Collins raised regarding the 404 Permit? The City of Fort Collins has expressed four areas of concern with respect to this permit application. These concerns are as follows: groundwater seepage damaging Lemay Avenue as a result of the removal of material from the lake bed; impact to City streets as a result of material being imported for filling;' potential rise in the groundwater table; and, the effects on existing wetlands and wildlife habitat. Because of these concerns, the City has requested that the applicant provide additional information addressing these concerns and that the public comment period be extended so that a full review of any additional information may take place. Furthermore, the City has also requested that these and other concerns expressed by city residents be addressed in the Environmental Assessment and that the Corps notify the City in advance of any site visits so that a City representative may attend. A final request made of the Corps was that a public hearing be held. 13. Whv are these concerns important? The City of Fort Collins believes that these questions are legitimate issues that should be considered as part of the overall review of the 404 Permit application. We expect that as a result of this review, these questions will be satisfactorily answered. *NOTE: This issue will be resolved with the execution of a development agreement between the developer and the City. The agreement is pending signature by both parties. March 21, 1990 Re: Harbor Walk Estates Phase II Plan Review Response Kerrie Ashbeck Planning Department City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 Dear Kerrie, We are resubmitting the Harbor Walk Estates Phase II plans that were previously reviewed and commented upon by Rick Richter of the Planning Department. Due to the transfer of Rick from the Planning Department, we would like to say that we welcome the opportunity to work with you and will try to help ease the transition in that regard. We are also returning the previous review plans as requested by Rick, which include all of the review comments. The comments will be addressed here, and as per our telephone conversation on March 20, we have included two variance requests at the end of this letter. Planning Department Review Retaining Walls: The retaining wall on Lot 1 has been removed and a 6.5 foot shoulder berm behind the sidewalk, with a 2 1/2:1 slope and riprap will replace it. Temporary Cul-de-sac Chute: The drainage chute has been left as designed. The developer intends to install a fence across the top of the levy just beyond the drainage chute and will post it to prevent foot traffic onto his property just north of the Phase I limits due to safety and liability issues. This should negate the need for revising the cul-de-sac sidewalk at this location. Street Intersection Elevations: The Fort Collins standard street intersection detail has been revised to show the elevations requested. Asphalt Patch Detail: Due to the lack of a detail specific to new side street design on existing roads, we have inserted Detail FD-2 of the Fort Collins Design Criteria Manual, as requested by Rick Richter. General Notes: The general notes revisions have been revised or corrected as noted on the review comments. TST, INC. 748 Whalers Way • Building D 102 Inverness Terrace East Consulting Engineers Fort Collins, CO 80525 Englewood, CO 80112 (303) 226-0557 (303) 792-0557 Metro Denver (303) 595-9103 FAX (303) 792-9489 FAX (303) 226-0204 :��Ww ..tent Services Office of the Director Citv of Fort Collins September 20, 1990 Re: Warren Lake Reservoir Company's Proposal to Fill-in parts of Warren Lake for building lots. Dear Resident: Recently, the Warren Lake Reservoir Company filed for a Corps of Engineers "404" permit to allow the importation of earth material to fill-in portions of the eastern shoreline of Warren Lake, near the dam structure to create 16 new building lots. As part of the permit request, the Reservoir Company has proposed to also build a "cofferdam" near the western end of the lake as replacement wildlife habitat for the eastern mud flats that would be filled as a result of the proposed action. Attached is an information sheet prepared by this department that attempts to outline facts and information regarding this proposal by the Warren Lake Reservoir Company. Our purpose is to inform you so that you will know the facts as we do and be able to respond in an informed manner, should you wish to do so. The City's position in this regard is that it has approved the development of a 16 lot subdivision as a planned unit development (PUD). The application for the permit by the Reservoir Company is the next step in the development process. We are not opposed to the application. However, we do believe the Corps of Engineers should have as much information as possible in order to properly evaluate the impacts of the proposed action and the appropriateness of the proposed mitigation measures. I believe the attached reading material is informative and will help you better understand what has been requested and the process leading to a final decision by the Corps of Engineers. ,� � I_jP, rte \� enue F 0 B"v ;4O F„-- �. 5 n.. �0 •���'_'.0 �.•U � ;il __I-nlx; � Warren Lake September 20, 1990 Page 2 Please take the time to read the attached and learn more about this project. Please feel free to call me or Mr. Tom Peterson, Planning Director with the City. We would be most pleased to help you better understand the technical issues regarding the proposed project and would be happy to meet with you at your convenience. Sincerely, Jarr99ees M. Davi s b-h ector of Development Services attachment: cc: City Council Members City Manager City Attorney Director of Planning Sollenberger Development Company Permit Coordinator, Army Corps of Engineers Warren Lake Reservoir Company Develovinent Services Office of the Director i a Cih of Fort Collins October 11, 1990 RE: Warren Lake Reservoir Company's Proposal to Fill-in Parts of Warren Lake for Building Lots Dear Resident: This letter is being sent to give you some more information about the above titled subject on which you received an earlier letter dated September 20, 1990. Some construction was started yesterday on the south end of the dam. We have received some questions from some property owners in the area about the work. They thought that the development would not begin without a Corps of Engineers Permit. The purpose of this letter is to explain what is happening. The Information Sheet in the previous letter explained that the development had two parts to it. First, the developer has a Corps of Engineers Nationwide Permit to fill in .99 acres of the lake to build the first 5 lots. Second, the developer has applied for a second Corps permit seeking permission to fill an additional 4.6 acres of the lake to create the space for the remaining lots. The developer started working on the dam yesterday preparing for hauling in fill material to fill the lake for the first 5 lots. The trucks hauling dirt will begin hauling next week. The developer is not allowed to do any filling for the remainder of the lots unless he receives a second permit. The Corps of Engineers is still processing the application and considering whether one will be issued. If you have any concerns or questions about the construction activities please contact Mike Herzig in our Development Review Center at 221-6750. Mike will be in close contact with City staff monitoring the activities. Sincerely, f J4mes M. Davis - Jrector of Development Services cc: City Council Members City Manager City Attorney Director of Planning Sollenberger Development Company Permit Coordinator, Army Corps of Engineers Warren Lake Reservoir Company 30t1 I_�I',�rte 4ccnuc ('.<�. B�i� ;SU Foit Culhn,, CO 807;22-0�80 • �31L) "1-hh0l TST, INC. PAGE TWO Ms. Kerrie Ashbeck March 21, 1990 Irrigation Company Signature: The irrigation company will resign the plans upon finalization of the plans. All plan revisions from the originally approved set of plans have been clouded for clarification. Storm Water Review Riprap: The riprap design has been revised to show a minimum 3 foot buried below existing grade. Drainage Flow Arrows: Additional drainage flow arrows have been added to the plans. Roadway High Points: The roadway high points were shown in the flow line profiles. We added HP labels in the plan view as noted, and also added the curb inlet locations for Phase II to sheet 4. Sidewalk Culvert Detail: Detail D-11 was removed and replaced by Detail D-13. The temporary cul-de-sac drainage chute design must have been overlooked by the storm water review team, but is i icluded on sheet 4 and has been clouded on this resubmitted set of plans. VARIANCE REQUEST: We are submitting a variance request to allow the previously approved roadway profile design from the intersection of the existing Harbor Walk Drive to remain as shown. The nature of the residential and roadway design indicates a very low traffic impact in regards to speed and volume with no future increase in either. Of a more serious concern however, is the degradation of the integrity of the existing levy, which would occur with the excavation required as a result of shifting the road profile to the north to accommodate the 2% slope requested in the review comments. We feel that the minor deviation in grade in this instance will have a very negligible impact. Our second variance request is for allowing the design of a 25 foot radius temporary cul-de-sac in Phase I. We are making this request for several reasons. First, the standard 35 foot design would severely cut into the building area of Lot 5. Second, the 25 foot radius design is sufficient for a medium size trash truck. And, lastly, the cul- de-sac to be constructed during Phase 2 construction is designed to the 35 foot radius criteria. TST, INC. PAGE THREE Ms. Kerrie Ashbeck March 21, 1990 If you have any questions regarding this submittal, please feel free to call our office at any time. Sincerely, Kenneth R. Witty TST, INC. CONSULTING ENGINEERS cc: Mike Davis Gary Diede Resoonse Pending =ir �atVc, L r_his ti;nv,>j, are `ami:.i i Ie r,it i,._at-on SGGiTit tcd py t. Fi.- ri,'arr �'u ..ekre,, +. mi ii1 1 � t _nd _f 'Narr�•n ak+ tiu nor 1 eke W1�i I-,kc' rL7Ce 1L the WeLLa ridgy tG =n ' hl reb ].n J1r_='t '✓i Gia Llvn _i �LLe lil tEnl; G2 L•.I.Aands designation. rr ]evt of tA.e shores cf Warrr;n Lake w i L i di Lro✓ st ,f tr.- wi L,j L f e habitat that remains. As a memb,•r of it-.•_ .tv .,"uncii Your influence in bringing this orice,;s to a hait 'i;i be gr'eatiy appreciated. The city owns a substaritiai .._,rtion -�l t,.e water rights to Warren Lake Y•-G n,-, representation in the board ,_�f directors -,f the Lake-VmpaL,Y. � .sit�aa?ion shouid be rectified as soon as Dossil)le t:.us ur,:idi. ne the City with considerable infiue:nce in the poii,_i%s and operation of the Lake Company_ As soon as I received a ,_opy 2f the notice of the permit request in auesti-r., I delivered a copy to Rich Shannon in th'- Utiiities Je partment. He took it to the City Engineers. 'Pheir comments were very enlightening in that they Jo not beli-_ve that the s�ep,,te to :3outh Lemay is from the dam. They beiieve that iL is __,,m the iake bottom and that disturbing the lake bottc.m wcokld ou- compound the seepage problem. _ Flea.�c ease your influence in any you can to stop f�.irther d._vel)oment around the lake. Many peopic in the area will ba Krat�iui for your efforts. Very sincerely. Tom B Blaney cc: Mike Davis Gary Diede Response Pending 730 Sandpiper Point Fort Collins, Colorado 80525 August 29, 1990 District Engineer Omaha District Corps of Engineers P.O. Box 5 Omaha, Nebraska 68101-0005 Dear Sir: Re: CO 2SB OXT 2 15645 I was not surprised that the above -cited application came to my attention by way of an apparent errant copy sent to a local landowner living in Florida, rather than by distribution of a public notice by the Warren Lake Reservoir Company to affected homeowners living adjacent to Warren Lake. Insensitivity to their neighbors and to the environment appear to be typical characteristics of the management of the Reservoir Company. The changes in the configuration of the lake as proposed in the application seem to me to be driven by greed rather than satisfaction with acceptable profit from revenues generated from irrigation water and the leasing of lake rights to surrounding homeowners' associations. In my opinion, in the short-term, there is less concern with reducing seepage and hazard on the east end of the lake than in creating saleable lots at $150,DOO+ each. In the long-term, the construction of the cofferdam is intended only to lay the groundwork for a subsequent filling of the pool area for 20.9 acres of residental construction. People who paid a premium for a lake front lot, though possibly compensated in some paltry fashion, may well have a view of a tri-level frame house, rather than the wetlands that contribute to the quality of living in this area. In a society continually beset by the encroachment of billboards, beer cans, concrete, and other refuse, it is imperative that we preserve nature in geographical areas where it is in short supply. I am certain that was the intent of the Environmental Protection Agency when that agency provided Warren Lake with a Wetlands designation. I do not live directly on the lake, but my wife and I purchased our home, in what we consider a unique residential area, precisely because the wetlands provide us with qualities not found elsewhere --the ducks waddling across our lawn, the rabbits skipping through the green belt, the sighting of pelicans and an occasional eagle. The board of directors of the Warren Lake Reservoir Company should not have bulldozed trees along the northern shore, leaving the felled trees as more refuse, for a road that has yet to be used, but they did. They should not be allowed to further destroy the environment in either the short- or long-range pursuit of concrete and dollars. The history of negotiations between the Company and adjacent homeowners' associations, as I have heard the reports, has been one of animosity and self-serving aims on the part of the Company, not one of concern for either the safety of residents or seepage on Lemay Avenue. If there is seepage, or a hazard noted by the State Engineer, at the eastern end of the lake, certainly the Company should be directed to repair the dam, but not at the expense of crowding the lake with more houses and undermining both the environment and the quality of our Lives. A public hearing on this issue should be considered a necessity. Sincerely, William H. Lovejoy cc: Mr. Robert Epifano Mr. Larry McClure ',Ir. Dave Edwards, City Council Senator Bob Schaffer RECEI EO SEP 5 1990 District Engineer Attention: Mr. Jerry Tworek Omaha District Army Corps of Engineers P.O. Box 5 Omaha, NE 68101-0005 -; r SEP 5 William W. Cochran 1000 Breakwater Drive SLlo"av Fort Collins, CO 80525 IYt•I�zrq SUBJECT: Application No. CO 2SB OXT 2 15645 Warren Lake Reservoir Company Dear Mr. Tworek: It is respectfully requested that a public hearing be held regarding the subject to application for draining and filling wetlands. Additionally, I object to the proposed permit for the following reasons: 1) Wildlife Habitat. Warren lake currently provides an extremely effective wildlife habitat for both game and fish. Warren Lake serves as a nesting and feeding area for numerous migratory birds such as Eagles, Hawks and Geese. Last winter, three bald eagles migrated to the east portion of the lake and fed on Canadian geese for several months during the winter. Additionally, the lake provides an extremely good habitat for breeding of fish and other wildlife. The northern section of the lake, especially east of the proposed cofferdam, provides an excellent spawning and nesting area during the spring and summer months. Draining of these wetlands through the construction of a cofferdam will seriously affect the migratory birds, and the spawning and feeding areas of other wildlife. 2) Water Quality. As the lake is presently used, it provides a source of high water quality. Warren Lake has been used as a holding lake for irrigation water. Consequently, a large amount of water flows through the lake each year. Construction of a cofferdam would produce a low water level in the lake that would seriously affect water quality. Stagnation would occur, as well as loss of wildlife. Presently, Warren Lake is a clean fresh lake. Construction of a cofferdam would result in stagnation and generation of odors, breeding of mosquitos and elimination of a nesting and feeding area for migratory birds. During the past winter season, the Warren Lake Reservoir Company maintained a high water level in the lake that provided beneficial results for game and fish, as well as the community surrounding the lake. It is my understanding that this resulted from compliance with a rule that water not be retained in Horsetooth Reservoir after November 1. It is apparent that such a high water level could be maintained in Warren Lake as it was last winter without construction of the cofferdam, if the Warren Lake Reservoir Company desired to do so. Hence, construction of a cofferdam would not be a mitigation of the habitat currently provided in the lake but, rather, would be a mitigation of a potentially detrimental condition imposed on the environment by the granting of a permit. Mere compliance with the established rules of moving water to Warren Lake after November 1, currently provides these habitats. Construction of the cofferdam appears as an excuse to profit from the draining and filling of wetlands. 3) Recreation. The lake, as it is presently used, provides a recreational source for several thousand people in the neighborhood surrounding the lake. Construction of the cofferdam would eliminate this as a recreational source in the eastern portion of the lake, which comprises the main portion of the lake. The lake is used extensively for boating, windsurfing and swimming during the summer months, and provides many recreational activities during the winter months, such as ice fishing and skating. The proposed permit would eliminate a major portion of the lake as a recreational area and thus would have a detrimental affect on the needs and welfare of the people surrounding the lake. Liability coverage for use of the lake is covered by liability insurance provided by the Landings Home Owners Association. The phreatic line that has been maintained during past winter months does not constitute a hazard, has not resulted in any apparent excess seepage and certainly has not affected either the structure or safety of LeMay Avenue. Neither erosion nor accretion has been a problem with the lake and it has been a stable water source. 4) Considerations of Property Ownership. Construction of the cofferdam and a significant lowering of the water level of the lake will seriously affect the property values of the neighborhood surrounding Warren Lake. Presently, the neighborhoods surrounding Warren Lake are some of the best, if not the best, neighborhoods in the Ft. Collins area Some of the most expensive homes in Ft. Collins are built on the lake, and the proposed project would significantly reduce the value of these homes. Granting of the permit would seriously affect the property values of the entire area and would significantly reduce the quality of life of those surrounding the lake and detrimentally affect the needs and welfare of the people to merely satisfy the profit motives of the Warren lake Reservoir Company. Conclusion. It is respectfully requested that a public hearing be held and that the Army Corps of Engineers, the Colorado Division of Wildlife, the Environmental Protection Agency and other interested governmental bodies seriously consider the above points, especially the effects such change would have on our migratory birds including the bald eagles which are protected by the Endangered Species Act. It is submitted that the above permit has been applied for by the Warren Lake Reservoir Company for profit motives only and constitutes only a first step in an effort to fill and develop the lake. The Environmental Protection Agency has provided a substitute process of filling up to one acre of wetlands, which should constitute a suitable alternative, and not require the construction of a cofferdam and draining of the lake. Granting of a major permit would have an overall devastating effect on both the wildlife and people surrounding the lake, and it is requested that the application be rejected ab initio. Yours truly, �t . G� William W. Cochran Attorney at Law CC: Larry McClure - Landings Homeowners Assoc. Peter O'Neill - Landings Homeowners Assoc. David Edwards - City Counsel Brian Soukup - Foxfire Property Waft Graul - Colorado Division of Wildlife Senator Tim Wirth Senator Bill Armstrong Congressman Hank Brown Mo Mekelburg - Larimer County Counsel Robert Fugate - Fugate Oil Edward Stoner - City Counsel John Farrow - Colorado Water Quality Control Division Tom Peterson - Fort Collins Planning Department Vern Helbig - Environmental Protection Agency Waft Barclay - United Bank of Fort Collins