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Home My WebLink About20003085.tiff v'"' Jacob Kammerzell 25090 WCR 15 Johnstown,Co 80534 November,6, 2000 Weld County Dept. of Planning Services. " U_ 1555 N 17th Avenue Greeley, Co 80631 `i 1 Attention Ms. Julie Chester,Lead Planner f Reference: Case No. Z-553 Dear Ms. Chester: Reference is made to the proposal of Mr. A. Challenger's Change of Zone for Five Residential Lots and Open Space,including a Conservation Easement for a Heron Rookery. I am the owner of the property that is adjacent on the South side of Mr. Challenger's property. At this time let me state that I am not apposed to Mr. Challenger's wish to obtain a zoning change in an effort for him to market his property. However,there are several concerns that are not addressed in his"Development Guide"prepared for County approval. These are my concerns and are listed as follows: 1. I question the establishment of the so called"Blue Heron Rookery". Blue Herons are very timid birds and if and when humans come near their nesting areas,they will undoubtedly take up habitat elsewhere. So why have a Rookery that will be a short lived situation and the birds will be gone from the so called "Blue Heron Rookery". It just doesn't make sense. 2. The so called"Public Viewing Areas"as proposed will eventually become camp grounds for picnickers and tailgate party throwers. Even now,on both sides of the washed out bridge on CR 15.5,offer favorite picnic spots for tailgate parties. Over the years vandalism and debris has been a problem on both sides of the river. So my questions are, whogliiii►sesponsible to police the area, who will take care of removing the trash and litter that the tailgaters leave,and who will repair the damage that will be caused by vandalism? 3. The river erosion of the west bank of the Big Thompson in this area has caused many of the cottonwood trees to fall into the river. Needless to say that this debris has a deleterious effect on the flow of the river. During flood conditions tree trunks have blocked normal flow and flow backups caused the river to take new paths. Adjoining farm lands become saturated with river overflows. Course changes of the river has caused eddies that eroded CR 15.5 and CR 52. Much of this could have been prevented if tree debris were removed from the river in advance of heavy rain storms.. 2000-3085 My question is who will be responsible for removal of river debris that is caused by falling cottonwood trees? 4. This summer Weld County Maintenance Crew restored the erosion of CR15.5 caused by the river. The river banks were back filled and reinforced with crushed rock. However in doing this,the river bed was reduced in width to only a few feet across. Under flood conditions the river bed at this point is too narrow to contain the heavy flow and will most certainly create even more flood problems. My question is who will be responsible for dredging and widening the river bed to lessen future food damage? 5. If Mr. Challenger is successful in creating residencies as proposed, isn't fire protection considered to be a main concern? The bridge on CR 15.5 has been washed out since 1980 and has never been restored. With this bridge out,the fire crew has to go around the section to access a fire problem in this area. If the bridge across the river were restored, approximately 3 miles of less travel would result in accessing a fire problem on this site. The bridge on CR 15.5 needs to be replaced. Who is going to do it? 6. This area is truly a wild life refuge and breeding place for ducks and geese. The river and the ponds offer ideal habitat for such water fowl. It will provide a paradise for hunters and bird dogs. The ponds may even offer a place to fish much like the Barbour Ponds at El Camino. My question is who will be responsible for seeing to it that hunting, fishing and pot shooting restrictions are followed and policed. 7. For many years I have pleaded with The County Commissioners to restore the bridge that would open up the roads CR15.5 and CR52. The excuse has been that there was never enough money in the Weld County budget to do this. How can the Commissioners in clear conscience allocate funds to take on the funding of area that has been set aside for Rookery Viewing Area? Not only would the county lose this area as a property tax base,but it will be an maintenance expense to county tax payers in perpetuity. I feel that the County Planning Group needs to obtain assurance that these problems and other problems are addressed and solved as a condition for issuing zoning and building permits. Sincerely Yours, 81/(144 k/0.444.--frtiltitet Jacob Kammerzell • WELD COUNTY JacobKammerzell COMMM`'` OtIERS 25090 WCR 15 Johnstown, Co 89534 14'}9 N119 b 10--19 VV November 16. 1998 eld County Planning Dept. CLERK TO THE BOARD v 1 9 1998 Board of County Commissioners NO Weld County, Colorado RECEIVED To County Commissioners: Reference: Docket No. 98-66 It is not my intent to prevent Mr. Challenger and Coulson Excavating from mining and marketing the gravel that they seek by obtaining County Permit. My concern is that with such a permit that certain environmental problems need to be recognized, addressed • and solved. Additional responsibilities must be evaluated and taken into account with the _ issuance of the MmingPernnt.__ Previous gavel mining operations by Challenger and Coulson Excavating has caused the Big Thompson River to take a more westerly course. The West bank of this river is lined with old cottonwood trees. The ground and root base of these trees are being eroded by the forced new path of the river. Some of these trees are falling into and blocking the river flow forming obstructions and causing dam like conditions. ( See Photo r.. 1 ) This restricts flow of the river and will exasperate any new flooding condition that will occur in the future. Over the period of years, as you must be aware, there were several Big Thompson floods. One in 1976 whereby many lives were lost in the narrows of the Big Thompson Canyon. One in 1980 whereby the bridge at CR52 and CR15.5 was washed out. (This bridge at this date has never been replaced by the County). One flood is as recent as 1995 (See Photo 4 ). Most certainly future floods will occur. My concern is that with the tree trunks and ciehris b1o.cking.atid acting as.a_dam,.:damage.will be-extensive.not_oraly-to me _ . as a down stream property owner but also to the County as road damage to CR52 and CRI5.5 and even to Challenger's property. Another one of my concerns is that some consideration should be given to the wild life in this area. The West bank cottonwood trees are a nesting habitat for the Great Blue Heron. While these birth are not an endangered species, one would like to see them around and survive. Some effort should be given to their continued existence.(Photo5) It is my request that if further gravel mining is permitted that the following �? stipulations be made as a condition of granting a permit to mine gravel. 1. That any mining action will not impede or cause the Big Thompson River to r r."‘ take a more westerly path. r. �� I 3 YJ,�ti42ib LA)1/J/ � eteNs 2.. That damages from past mining operations be corrected and allow the river to take it's original course prior to gavel mining operations. 3. That all debris resulting from mining operations including fallen trees be removed from the river and piled on the west bank to prevent further west bank erosion. 4. That mining operations do not interfere with the natural habitat of the Blue Heron nesting in the river bottom cottonwood trees. 5. That this entire area be recognized as a flood plain and that any future buyers be so advised-in the,resale_of tbitproper y..(Photn.6). ._—_ 6, That concrete rubble be placed at eddy site 1 (Photo 1) west bank to prevent further erosion that is now about 30 feet from my crop producing farm land. Respectfully yours, p��J Jacob Kammerzell Enclosures: • Correspondence to Army Corp of Engineers dated April 25, 1997 U.S Farm Agency Aerial Photo of Sec 29 Weld County showing Gravel Mining Site and The Course of The Big Thompson River Ten pages•ofphotos(Page-2.to Page 12)vf•existingriuertonditions • WELD COUNTY <COtII!C.Kr Fps 25090 WCR 15 r—, Johnstown, Co 80534 1998 NOV 16 AN 20 April25, 1997 CLERK TO THE BOARD Army Corp of Engineers 9307 State Hwy 121 Littleton, Co 80123-6901 Attention: Tim Carey Dear Mr. Carey: This correspondence is in regards to the diversion problem created by Mr. - Challenger, ownei ufBig-`P property in Weidtounty. . Earlier this year Mr. Challenger, who's property is north and adjacent to my property along the Big Thompson River, contracted with an excavation contractor to do extensive gravel mining of the existing river bed gravel from the Big Thompson river. It was his intention to mine the gravel and to sub-divide his tract of land to market five acre river front lots for re-sale. r^ I certainly have no objections to his desire to market his property the best way he can. My problem is that in doing so he has had the contractor divert the flow of the Big Thompson river. This was done to make his property more marketable and to harvest the river bed gravel that became available by this effort. As you may be aware, the Big Thompson overflows it's banks periodically and adjacent farm lands become saturated with the over flow. Most notable flooding of the Big Thompson was in 1976. Many lives were lost inthe Big.Thowpsgn rQ ax.e. _._ . Lai/eland, Co. The river flooded again in 1980 and wiped out the county road bridge on WCR 15.5. To this date this bridge has never been restored. More recently the Big Thompson flooded in May 25-30, 1995. With each flooding condition, adjacent crop lands become engulfed by the river. This results in a loss of the crop in these fields and a financial loss to the fanner. Mr. Challenger's diversion of the Big Thompson river bed, forces the river to take a more westerly path placing even more crop producing land in the wake of an over flowing river. It is my understanding that it is illegal to alter the course of river flow and to change river beds by mining the river bed gravel. This action affects up-stream and down- stream property owners and the county roads as well. The river is right next to WCR 15.5 and most certainly will be washed out by the next flood. r^ I have enclosed an aerial photo copy of the area. This photo was made last year (1996) by the US Farm Agency. This photo depicts the flow condition of the Big Thompson before diversion changes were made. The overlay tracing shows the present and altered condition that now exists. I do not have aerial photos of the present condition of the river, but I do have photos taken showing the activity in dirt moving as viewed from the ground level. If Challenger is allowed to profit from his effort on mining the gravel on his property and altering the course of the Big Thompson, a precedence will have been set. Other property owners along the river will opted to do likewise. This would indeed have a deleterious effect on others who have property along the Big Thompson. Please advise course of action. - - Sincerely Yours Jacob Kammerzell Enclosure: US Farm Survey Map of Area(1996)with Overlay. -2- ry 4 ; um • Silt 1 2 -or- , _ rCk A' r O if ' 'At SITE Loo(jt4G FALL EW '7'Rt5S BLoaK5 yER FLOP) na •7 . 9h�bl ,z•• L. n.ti pr�� t ••••• .ti x.. 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