Boulder County Land Use Director issues determination in response to @DenverWater (Gross Reservoir Dam Expansion Proposal) request

Here’s the release from Boulder County:

Determination states that Denver Water must obtain a permit under Article 8 – Location & Extent Areas & Activities of State Interest (1041)

Denver Water requested that Boulder County Land Use Director Dale Case determine the applicability of the Boulder County Land Use Code to Denver Water’s proposed expansion of Gross Reservoir.

Denver Water has argued that it is exempt from having to submit its project for Location & Extent Areas & Activities of State Interest (1041) review under Article 8 of the Land Use Code.

Director Case responded to Denver Water on Oct. 22. His determination is that Denver Water’s proposed reservoir expansion project is subject to review under Land Use Code. Before undertaking the project, Denver Water must obtain a permit under Article 8 of the Code.

Documents:

  • Gross Reservoir Dam expansion proposal determination letter to Denver Water, October 22, 2018
  • Determination request letter from Denver Water, October 12, 2018
  • Denver Water may appeal the decision to the Boulder County Board of Commissioners as provided for under 8-406(B).

    Land Use Code Section 8-406 Determination of Whether a Proposed Activity or Development Must go Through the Permit Process states that “The Director shall determine the applicability of Section 8-400 to the conduct of any proposed activity or development. The Director shall make this determination within 10 calendar days after the Director receives a written request from the applicant stating the reasons why the proposed activity or development is not subject to Section 8-400.

    Background

    The Board of Water Commissioners for the City and County of Denver, aka “Denver Water,” is in the process of applying for a planned expansion of the Gross Reservoir Dam in southwest Boulder County. While this is not a Boulder County project, the reservoir resides entirely in unincorporated Boulder County.

    The Army Corp of Engineers issued its Record of Decision granting Denver Water a federal permit for the project in July 2017. However, before it can commence the project, Denver Water must still receive approval of its hydropower license amendment application from the Federal Energy Regulatory Commission (FERC).

    Boulder County has intervened in the FERC application noting many reasons why the county finds the application to be deficient. In its motion to intervene, the county outlined nearly 20 points of contention with the project.

    Boulder County has intervened in the FERC application noting many reasons why the county finds the application to be deficient. In its motion to intervene, the county outlined nearly 20 points of contention with the project.

    On March 20, 2018, the county responded to FERC’s Supplemental Environmental Assessment, once again pointing out the deficiencies that Boulder County finds in Denver Water’s FERC application and FERC’s environmental assessment of the project.

    The county plans to further address impacts and concerns during a county (local) land use review process and has explained to FERC that Denver Water must obtain required county permits before it undertakes the project. Denver Water has not yet applied for a permit under Article 8 of the Boulder County Land Use Code (also known as a 1041 permit).

    A 1041 review would allow the Boulder County Planning Commission and the County Commissioners to conduct public hearings and review the application according to the criteria in the Code.

    More Information

    More information can be viewed on the county’s Gross Reservoir Dam Expansion Proposal information webpage. Also, individuals can sign-up to receive Boulder County-related hearing and meeting announcements concerning the proposed Denver Water Gross Reservoir Expansion Project. You can unsubscribe at any time.

    To receive notices about the Gross Reservoir project from Denver Water, look for the “Sign Up for Email Updates” option at the bottom of the page on the Gross Reservoir project website. All notices of meetings, minutes, and updates on the proposed project (also known as the “Moffat Collection System Project”) can be found on Denver Water’s website at https://grossreservoir.org/.

    The dam that forms Gross Reservoir, located in the mountains west of Boulder. Photo: Brent Gardner-Smith/Aspen Journalism

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