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2024-08-05_REVISION - M1986123 (4)
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2024-08-05_REVISION - M1986123 (4)
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Entry Properties
Last modified
1/16/2025 6:59:13 AM
Creation date
8/5/2024 2:26:45 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1986123
IBM Index Class Name
Revision
Doc Date
8/5/2024
Doc Name
Objection
From
Witwer,Oldenbug,Barry & Groom, LLP
To
DRMS
Type & Sequence
AM1
Email Name
JPL
JLE
Media Type
D
Archive
No
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During the agency referral process, Coulson also received concerns about the Project's <br /> proximity to the Big Thompson River Floodplain. These concerns are unfounded since the <br /> Project does not encroach into the Big Thompson River Floodplain and the local Floodplain <br /> Review Board approved the Project on July 28, 2016. The complete meeting minutes of that <br /> hearing, which are attached to this Letter as Exhibit G support the fact that the Project is <br /> compatible with the surrounding area since it does not encroach within,or negatively impact,the <br /> Big Thompson River Floodplain. <br /> A related concern raised by neighbors has to do with whether wetlands exist near the Big <br /> Thompson River, which need to be protected. Recently, Rebecca Almon, an attorney <br /> representing nearby residents who oppose the Project, wrote a letter to the United States Army <br /> Corps of Engineers ("USACE") requesting that USACE require Coulson to apply for a Section <br /> 404 Wetlands Permit. Ms. Almon indicated that there is wetland habitat on the Property and <br /> therefore a Section 404 Permit is required. Ms. Almon's representations regarding wetlands on <br /> the Property are inaccurate. Coulson has worked with USACE to analyze the environmental <br /> nature of the Property and USACE concluded that a Section 404 Permit is not required for the <br /> Project. In an abundance of caution, however, Coulson elected to move the Project site farther <br /> south so as to create an extra natural buffer between the Project and the Big Thompson River. <br /> This decision proactively addresses the neighbors' concern regarding any impact to habitat near <br /> the Big Thompson River, despite USACE's finding of no impact. Additionally, Coulson, in <br /> cooperation with USACE, is in the process of updating its wetland delineation to confirm <br /> USACE's earlier determination that a Section 404 Permit is not required. <br /> Lastly, as part of the CDPHE discharge permit application process Coulson hired <br /> Weiland, Inc. to prepare a comprehensive Stormwater Management Plan ("SWMP") for the <br /> Project, which is attached to this Letter as Exhibit H.The SWMP requires several Project control <br /> plans and prevention and mitigation techniques to address potential storm water discharges from <br /> the Property to the Big Thompson River. <br /> 2. Outside a GMA district,the proposed use is consistent with the county master <br /> plan,and within a GMA district,the proposed use is consistent with the <br /> applicable supplementary regulations to the GMA district or, if none,with the <br /> county master plan or county adopted sub-area plan. <br /> The Property is not within any Growth Management Area (GMA) District of Larimer <br /> County. Therefore, Coulson must demonstrate that the Application is consistent with the <br /> County's Master Plan of 1997,adopted on November 19, 1997(the"Master Plan"or the"Plan"). <br /> When a property is not within a GMA District of Larimer County, the County assumes projects <br /> are consistent with the Master Plan if the project complies with the respective zone district. Here, <br /> 9 <br /> 49 <br />
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