I have heard that they did NOT have to do an assessment, but I'm not 100% certain.
Susan Rosine Brighton On Wed, Sep 20, 2023, 1:39 PM Preston Sowell <[email protected]> wrote: > Another question someone might ask is whether they have completed an > environmental assessment or environmental impact assessment for the > project. That may have been a requirement for a project that would disturb > so much habitat. > > Preston > > On Wed, Sep 20, 2023 at 1:10 PM Norm Erthal <[email protected]> > wrote: > >> >> As Nathan said, FRICO owns the land, dam, and water.The legislature has >> absolutely no authority over them at all. There is one state agency with >> authority but only in a limited way. That is the Office of the State >> Engineer and their only authority is in regards to dam safety. This is >> relevant regarding the increase of storage and could be what is causing the >> placement of the riprap. >> >> The Endangererd Species Act would be the only other means of restricting >> work. This likely only applies to a certain distance restriction from a >> nest site. >> >> The only other possibility is in what rights Parks has regarding the >> lease and I doubt if Frico gave them any authority regarding the storage of >> water in the lake. The biggest problem I can see going forward is how the >> increased storage level impacts the trees around the reservoir. The years >> in which the reservoir stayed fairly full in the winter has caused the loss >> of old cottonwoods and I can only see this becoming worse. There is little >> to no regeneration of cottonwoods due to how young trees develop. I doubt >> if the Endangered Species Act could be used to stop the storage increase >> even if it results in the loss of trees that would effect nest sites. >> >> Norm Erthal >> On Tuesday, September 19, 2023 at 1:49:06 PM UTC-6 Nathan Pieplow wrote: >> >>> Hello all, >>> >>> Tammy VerCauteren at Bird Conservancy of the Rockies let us know this >>> morning that an unfortunate situation is unfolding at Barr Lake State Park. >>> FRICO, the ditch company that built the reservoir and owns the water >>> rights, recently increased the water level in the reservoir to accommodate >>> more irrigation needs and water storage and other municipal needs. However, >>> this has caused issues with trails getting washed out and the overall >>> integrity of the lake. To mitigate, they are removing a great deal of >>> shoreline vegetation and replacing it with rip rap. >>> >>> They have already completely cleared the area from the NE corner of the >>> dam to the boat ramp, and are installing rip rap there now. The cleared >>> area is at least 30 feet wide. Yesterday they started work on a second >>> section, from the boat ramp to the Pioneer Boardwalk. Again they have >>> removed all vegetation including 100+ year old cottonwoods. The current >>> plan is to continue this method all the way to the large bald eagle viewing >>> gazebo on the south end of the park. This would completely clear out the >>> area where the Bird Conservancy Banding station is, not to mention almost >>> all the rest of the shoreline vegetation along the east side of the lake. >>> The plan is to complete this work in the next couple of weeks. >>> >>> Our understanding is that FRICO has extremely broad legal latitude to do >>> what it is doing, even though Barr Lake is a state park, because FRICO owns >>> the lake. The effects on habitat and wildlife are going to be severe, >>> especially at the banding station which has been in place for 35 years. >>> This is particularly galling because when the company filed a grant >>> application to increase the water level, they touted the area as a great >>> birding destination and argued that raising the water level would only >>> enhance it. Now the exact opposite is happening. >>> >>> To change the outcome is probably going to require a strong and >>> immediate public outcry. You can contact FRICO at: >>> >>> Farmers Reservoir & Irrigation Company >>> 80 South 27th Avenue >>> Brighton, CO 80601 >>> P: (303) 659-7373 >>> [email protected] >>> >>> You might also consider reaching out to your state and local government >>> representatives. If you are a member of a group that would like to get >>> involved, contact Tammy VerCauteren <[email protected]>, >>> who is working to initiate a wide-ranging response. >>> >>> Nathan Pieplow >>> Boulder >>> >>> >>> >>> >>> >>> >>> -- >> -- >> You received this message because you are subscribed to the Google >> Groups "Colorado Birds" group. >> To post to this group, send email to [email protected] >> For more options, visit this group at >> http://groups.google.com/group/cobirds?hl=en?hl=en >> * All posts should be signed with the poster's full name and city. >> Include bird species and location in the subject line when appropriate >> * Join Colorado Field Ornithologists https://cobirds.org/CFO/Membership/ >> --- >> You received this message because you are subscribed to the Google Groups >> "Colorado Birds" group. >> To unsubscribe from this group and stop receiving emails from it, send an >> email to [email protected]. >> To view this discussion on the web visit >> https://groups.google.com/d/msgid/cobirds/60fc3d25-ea33-4b4b-9ef8-b4d6348ca206n%40googlegroups.com >> <https://groups.google.com/d/msgid/cobirds/60fc3d25-ea33-4b4b-9ef8-b4d6348ca206n%40googlegroups.com?utm_medium=email&utm_source=footer> >> . >> > > > -- > Preston Sowell > 303-775-6920 (cell) > > > > --------------------------------------------------------------------------- > This communication may contain confidential or legally privileged > information, including confidential - attorney work product material > prepared in connection with litigation. If you have received this message > in error, please notify me immediately and delete the communication. Any > disclosure, copying, distribution or other use of the contents of this > communication is prohibited. > > -- > -- > You received this message because you are subscribed to the Google > Groups "Colorado Birds" group. > To post to this group, send email to [email protected] > For more options, visit this group at > http://groups.google.com/group/cobirds?hl=en?hl=en > * All posts should be signed with the poster's full name and city. 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