Fwd: Letter for Board County Commissioners Thornton Water Pipeline 1041 Hearing (4/22/24)
Lorenda Volker
 | Lorenda Volker County Manager |
Commissioners' Office 200 W Oak St, Fort Collins, 80522 | 2nd Floor |
From: Eric & Treva Steidl <ejst...@gmail.com>
Date: Wed, Apr 17, 2024 at 4:14 PM
Subject: Letter for Board County Commissioners Thornton Water Pipeline 1041 Hearing (4/22/24)
To: <vol...@co.larimer.co.us>, <bo...@larimer.org>
Cc: <bar...@co.larimer.co.us>
SUBJECT: THORNTON WATER PIPELINE 1041 (23-ZONE3584)
Ref: 1) Land Parcels: 8827000003, 8826000043 and 8827110003
2) Letters (#1-3) dtd 4/1/2024
Commissioners,
I have written three previous letters and am asking for you to review this letter as you deliberate the Thornton Water Pipeline 1041 application. We own and operate a family farm located at 4632 County Road 52, Fort Collins. In a previous decision, the Larimer County Board of County Commissioners approved a NISP alignment which will traverse approximately 1-mile of our farm.
I also attended and provided public testimony at the Larimer County Planning Commission hearing held April 10, 2024. It was explained the Larimer County 1041 process could only consider the application being considered, in this case the Thornton Water Pipeline Project, as a single project. However, when Thornton was directed to look at an alignment alternative which co-located with the NISP alignment, and subsequently adopted this alignment, the impacts of having approximately 1-mile of co-located pipeline are now cumulative. As such, I am asking for the County Commissioners to consider and address the cumulative effects that co-location of two major pipeline projects will have upon our farm, our business, and as a private landowner.
The Larimer County Land Use Code Article 10.9.1 as found on the flowing links, dated Nov 14, 2023, (https://www.larimer.gov/planning/1041-regulations and https://library.municode.com/co/larimer_county/codes/code_of_ordinances?nodeId=PTIILAUSCO_ART10.0ARACSTIN_10.9GEREAP1041PEAP) outlines the review criteria for all 1041 permit applications. As a farmer, small business owner, and private landowner, the following criteria apply:
- 10.9.1.A. The project will mitigate impacts to property held by others.
-
10.9.1.O.
The proposed project will not significantly degrade any current or
foreseeable
future sector of the
local economy.
-
10.9.1.T
The benefits, in terms of physical improvements, enhanced services, or
environmental impacts, of the proposed project
outweigh the losses of any
natural resources or
reduction of productivity of agricultural lands as a result of
the proposed
development.
After reviewing the work packet found on the Larimer County website, the evaluation of criteria 10.9.1.A. (pg. 5) and 10.9.1.O. (pg. 17) did not address any impacts or mitigation measures from the affected landowner’s perspective. Regarding 10.9.1.T, a representative from Thornton asserted there would be “...virtually no impact to agricultural production….” When I asked member of the planning commission what were the mitigation measures for having to absorb two major pipelines, I was told “…good luck…” I could not find the practical, regulatory, or legal definitions of “virtually” or “good luck.” Respectfully, Commissioners, I do not know if these responses reflect “loose” language or a pervasive attitude, but they do come across as dismissive to our concerns regarding the multitude of effects imposed on our farm and livelihood.
Furthermore, Colorado Law (C.R.S. 37-86-105) provides that:
“No tract or parcel of improved or occupied land, without the
written consent of the owner
thereof, shall be subjected to the burden of two or more ditches or other
structures constructed for the purpose of conveying water through the said land
when the same object can feasibly and practicably be attained by uniting and conveying
all of the water necessary to be conveyed through the property through one
ditch or other structure.”
To be clear, we do not want another pipeline on our property. However, we are also keenly aware there are other dynamics in play as the Commissioners consider Thornton’s application. If the County Commissioners were to approve the Thornton Water Pipeline 1041 application, and considering the 1041 review criteria and Colorado Statute both noted above, we are asking for the following mitigation measures, all of which are feasible and achievable, be included as conditions of approval to the application.
1.
Concurrent/Simultaneous construction of the two
pipelines. This will allow us to
remediate the disruption to our farm and business in the most efficient manner
without having to do it twice.
2.
Reduced lateral separation between the
pipelines. We have been told by both
NISP and Thornton planners that it is possible to reduce the lateral separation
between the two pipelines to as little as 15 feet. As such, we request the pipelines are engineered
and installed with that reduced lateral separation.
3. Fair and honest application of the legal concept, “Make One Whole.” We are not interested in being difficult, however, along with C.R.S. 37-86-105, we believe we should be fairly compensated for the disruption to our business and for the undue burden we are being forced to bear. This not only includes compensation for the easement(s) and locations of the above ground appurtenances and access points, but also the multi-year, post construction remediation, reestablishment of our commodity crop, and compensation for crop and business loss. Respectfully, we request the Commissioners exercise their power to ensure we are Made Whole again.
In summary, the Larimer County Land Use Code provides the review criteria that apply directly to our concerns. We are requesting the County Commissioners consider our concerns as the affected party and proposed mitigation measures on an equal footing as the applicants. Thank you for your time.
R
Eric Steidl
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Jenny Axmacher
Jenny Axmacher, AICP (she/her) Planning Manager | |
Community Development Department 200 W Oak St, Fort Collins, CO 80521 Phone: (970) 498-7707 |