Laserfiche WebLink
<br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />Agenda Item 13 <br />May 21, 1991 <br /> <br />Board's 1972 agreement. Any encroachments into that floodplain will be governed by <br />Lakewood's floodplain management regulations which regulations allow for a 6 inch <br />rise in the 10o-year flood elevations. Staff believes such flexibility is provided for <br />under paragraph I.e. of the Board's 1972 agreement with the Corps which states: <br /> <br />"Provide guidance and leadership in preventing unwise and <br />uneconomical future development of the floodplain areas by <br />encouraging prudent use of floodproofing, land regulation planning, or <br />other floodplain management techniques to reduce future flood losses." <br /> <br />Furthermore, paragraph 17-14-12 "Floodway Regulations" adopted by the City of <br />Lakewood and effective 10/15/88 states golf courses are a permitted use. <br /> <br />Finally, Lakewood has agreed to "hold the Board harmless and indemnify the <br />Board" with respect to actions which are directly subject to this agreement. Actions <br />for which the Corps and Lakewood are directly responsible for are specifically <br />identified and the Board disclaims any responsibility for those actions as being beyond <br />the Board's authority. Those actions specifically disclaimed are flood control <br />operations of the dam (Corps), the design, location, construction and operation of Fox <br />Hollow Golf Course (Lakewood) and the withdrawal and use of Lakewood water <br />(Lakewood). <br /> <br />Lakewood has agreed to the remaining requests of the Board. Attached are <br />Bear Creek Lake Fact Sheets for reference. <br /> <br />Recommendation <br /> <br />This agreement has been reviewed by Linda Preslan, with the State Attorney <br />General's Office and by the City of Lakewood and their legal counsel. The agreement <br />is acceptable to both parties and scheduled for final approval before the Lakewood <br />City Council on May 28. Pending the final approval by Lakewood, staff recommends <br />that Board approve the attached agreement. <br /> <br />DRS/bj <br /> <br />Attachment <br /> <br />bj61.13 <br /> <br />3 <br />