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July 2009

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Water, history muddy Greeley pipeline project

By Cherry Sokoloski
North Forty News

Other Corps studies of water projects

Greeley has a few holes to plug before it can proceed with its water pipeline project.

The segment of the pipeline going through LaPorte has run into opposition from property owners and people concerned with an historic rail line. Now, it faces scrutiny from the U.S. Army Corps of Engineers, which is concerned about the project's effects on the Poudre River.

The last few months have seen a flurry of activity surrounding the pipeline issue. Greeley initiated condemnation proceedings against property owners unwilling to have city engineers on their land. The National Trust for Historic Preservation complained to the Army Corps because it has not begun its study of the historic resources on the pipeline route. And, the Army Corps said "Whoa!" to Greeley regarding river depletion. The agency will not allow the city to take more water out of the Cache la Poudre River until further impact studies are conducted.

Greeley is building the pipeline in five segments. If completed, the 5-foot diameter pipe will run from the city's treatment plant in Bellvue to water users in Greeley. The two remaining sections are at either end of the project --the "northern" segment would run through LaPorte, and the "Gold Hill" portion would go from Windsor to Greeley.

Greeley is anxious to get going on its plan for the northern segment through LaPorte, but the city's proposed route on the south side of the river has drawn huge opposition. Greeley is now pursuing legal means to access property on the route for testing and planning purposes.

On June 5, Greeley Water issued condemnation summonses to three property owners, all west of Overland Trail, including Jim and Rose Brinks, Marilyn and Randall Wylie, and Mary Humstone and George Burnette.

The condemnation proceedings relate to Greeley's access to the properties for conducting tests, but not for building the project. Greeley wants to collect field data including environmental studies, soil investigation, exploratory drilling and surveys.

All three couples have hired attorneys to fight the action. They are concerned that even the testing, which involves heavy equipment, will damage the area, including the Point of Rocks feature and the historic resources. Part of the proposed route can be accessed only on foot.

A district judge will decide whether Greeley can access the properties, and no date for a hearing has been set.

Historic resources

The Army Corps, which has to issue a permit before the LaPorte pipeline segment can be built, must consider the impact of the project on both historic resources and the Cache la Poudre River. The Army Corps must comply with terms of the Historic Preservation Act and the Clean Water Act.

Tim Carey of the Army Corps said the 404 permit for the northern segment is currently "in a holding pattern," waiting for additional information from Greeley.

"They need to determine the exact placement of the pipeline so the Army Corps can determine the effects of the project," he said.

Dan Moore of Greeley Water said that in order to pin down the exact route, the city must have access to the property to conduct geologic tests and to study the railroad structures. He said the core drilling required is "not destructive." It would entail drilling holes 2 to 6 inches in diameter to determine what the underlying rock formations are.

The Army Corps must follow a specific process regarding the historic rail line. Once it has a complete application from Greeley, the agency must consult with other entities to determine whether proposed mitigations are adequate. In this case, the entities will include the Larimer County Commissioners, the National Trust for Historic Preservation and Colorado Preservation Inc.

The final decision about compliance, Carey said, will be a group agreement made by the Army Corps and the consulting entities.

The county commissioners sent a letter to the Army Corps in May, saying they have grave concerns about the Greeley pipeline project. The route on the south side of the river, they stated, will traverse "areas the Board considers to be environmentally sensitive and historically significant."

In a subsequent meeting with Greeley officials, the commissioners suggested tunneling under the Point of Rocks and the historic bridges rather than disturbing them. According to Commissioner Steve Johnson, they were told that Greeley is willing to pursue that approach if the geology allows.

Moore also said that the pipeline corridor could be narrow in some places, such as the Point of Rocks, but only for short distances.

Water issues

Greeley has been applying for Army Corps permits section by section, but in terms of water depletion from the Poudre River, the Army Corps has put a stop to that approach. The city must now conduct studies showing cumulative impacts to the river from all five segments of the pipeline.

Greeley has completed two pipeline sections, which are already in service, and is working on the third. The city was told last December that, even though it could complete the third (Fort Collins) segment, it could not use any added capacity until the Corps determines "that the net effects to the Cache la Poudre River...are minimal."

In addition, Carey said the Army Corps will not authorize construction of the northern segment through LaPorte unless the agency finds that impact to the river is minimal. If the effects are deemed more than minimal, a different type of permit - requiring more analysis - will be required.

The Army Corps also wants to study the cumulative effects of the pipeline and three other water projects in the works, since all four draw water from the Poudre River. (See related article on this page.)

At present, with the first two segments operational, Greeley has increased its water-carrying capacity by 5 million gallons per day, from 21.6 MGD to 26.6 MGD. When the project is complete, total capacity will be about 70 MGD. To use the additional capacity, Greeley will exercise water rights it owns now on the Poudre River and will also purchase additional rights.

Alternate routes

Those opposed to the pipeline route on the south side of the Poudre would like Greeley to move its preferred route to the north side. Greeley officials said that in choosing the south-side route, they primarily looked at the number of properties affected.

Of the routes that made the final cut, one would run along County Road 54G and affect 153 properties. The second would be closer to the north side of the river, affecting 65 properties. The preferred route on the south side would impact 28 properties.

The second route would go through Cotton Willow and Vernon Court. Moore said eight to ten homes would be impacted, with some of them needing to be removed. He noted that Greeley would also have to deal with streets and utilities. And, he said, going north of the river would require "a bad crossing" at Watson Lake, crossing both branches of the Poudre River. Moore said the crossing would be "more environmentally damaging" than the preferred crossing at Lions Park.


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