We have created and made this page on our website as our "public home page" to provide access to all without having to log into the resident only portion of this site. Our desire is to keep everyone who is interested informed about this most critical matter to not only our neighborhood, but all Douglas County residents. If you are an owner or resident of Indian Creek, you may log in to the rest of the site by selecting "Secure Member Sign In" from the menu items on the left. Legal Filings, special meeting minutes and other information are available to owners/residents in the Resource Center under the Penley Dam-Reservoir folder. If you have any questions, please contact Betty Purkey-Huck at 303-688-4983 or Lorraine Jordan at 303-660-1691.
PROPOSED PENLEY DAM AND RESERVOIR
This project was originally submitted to Douglas County in 2010, for a 22,500 acre foot (Plan A) or a 15,300 acre foot (Plan B) dam and reservoir. The project was presented by a private company and private landowner. The project was fraught with many problems and the communities surrounding this property rallied to oppose it. The problems brought to light by the citizens prompted the Douglas County Planning Commission to unanimously deny the project, in 2011. The developers withdrew their application prior to presenting it to the Douglas County Board of Commissioners.
The citizens' outcry centered upon the danger presented to the residents of Douglas County. The proposed dam and reservoir is located on property that contain at least 8 fault lines and has abandoned uranium mines located where the reservoir would sit. This reservoir would be located in a FEMA classified high-hazard flood area. This reservoir would be located above the Indian Creek Ranch community which consists of 182 five acre parcels and approximately 500 residents. Many of those homeowners would be in the "Death Zone" in the event of a catastrophic failure of the dam. The West Douglas County Fire Department Station #3, which protects these residents, is also in the "Death Zone" and therefore would not be able to perform emergency services in the event of a catastrophic dam failure. Even in a smaller "event", should the roadway be severed, the Fire Department's personnel may not be able to access the equipment. Thunderbird Water and Sanitation District, Indian Creek Ranch's water supplier, has informed its customers that a significant water release may damage its infrastructure and cut service to more than 50% of the District's customers. A catastrophic event would cause significant damage and loss of life to other surrounding and downstream communities as well, impacting Lambert Ranch, Lehigh Ranch, Perry Park, the town of Sedalia, Louviers, Plum Creek and the communities surrounding Chatfield Reservoir including the reservoir itself. The mere threat presented by the proposed reservoir could significantly decrease property values downstream.
Fast forward to 2012: some of the same principals in the development company, who had previously taken Board positions of a troubled water board - Mount Carbon Metropolitan District - submitted essentially the same application to Douglas County. Using the statutory power of the Special District, the application was filed with Douglas County through an abbreviated process known as a "Location and Extent" review. The Douglas County Planning Commission once again unanimously denied the application. However, under state law, the Douglas County Planning Commission's decision regarding this Location and Extent process is non-binding on the Special District. We have now learned that Mount Carbon has held a special meeting and voted to ignore the decision of the Douglas County Planning Commission and file an application for the Penley Dam and Reservoir with the State of Colorado.
In 2010, the applicant stated that there was no benefit to the surrounding communities and no guarantee of any benefit to Douglas County or its citizens. That statement does not appear to have changed. In fact, Douglas County citizens could now be harmed by essentially the very same set of circumstances which the Douglas County Planning Commission attempted to prevent. The only difference is that under the current application, the veil of a Special District seems to override the voice of the citizens and the County's right to protect its citizens from harm.
- FIRST HEARING WITH DC PLANNING COMMISSION SCHEDULED NOV 8, 2010 AND RESCHEDULED TO DEC 13, 2010.
- NOV 17, 2010 HOA LETTER TO HOMEOWNERS - SURVEY RE: STAND ON RESERVOIR
1) REPORTED TO PLANNING COMMISSION MEETING JAN 10, 2011 RESULTS OF SURVEY
2) 192 LOTS, 177 EXISTING HOMES
3) 159 RESPONSES, 146 AGAINST CONSTRUCTION OF PROPOSED RESERVOIR, 12 FELT THEY DID NOT HAVE ENOUGH INFORMATION TO MAKE AN INFORMED DECISION, 1 WAS FOR CONSTRUCTION OF RESERVOIR
- NOV 25, 2010 HOA MEETING - DISCUSSION PENLEY - DEVELOPMENT TEAM - CHRIS FELLOWS
- DEC 13, 2010 USE BY SPECIAL REVIEW - DC PLANNING COMMISSION
84 SPEAKERS SIGNED UP TO SPEAK THEIR CONCERNS OF THE FOLLOWING:
1) HEALTH, SAFETY AND WELFARE (FINANCIAL)
2) IN HARMONY AND COMPATIBLE WITH SURROUNDING AREA
3) CONSISTENT WITH DC COMPREHENSIVE MASTER PLAN
4) NOT CAUSE SIGNIFICANT AIR, WATER OR NOISE POLLUTION
5) WILL NOT BE ADEQUATELY LANDSCAPED, BUFFERED AND SCREENED
6) NOT SPECIFIC IN CRITERIA BUT OFTEN RAISED BY SPEAKERS CONCERN ABOUT VIEWS AND WILDLIFE AND TRAILS
- CONTINUATION JAN 10, 2011 7-11:20 PM 96 SPEAKERS. UNANIMOUS VOTE BY DOUGLAS COUNTY PLANNING COMMISSIONERS AGAINST APPROVAL. SCHEDULED JAN 25, FEB 5, FEB 23, FEB 28, MAY 9, JUNE 25, CONTINUATION UNTIL MID-AUGUST, APPLICATION PULLED ON DAM JULY 28, 2011.
- JULY 13, 2012 PENLEY DAM/RESERVOIR NOT DEAD
MT CARBON METROPOLITAN DISTRICT NEWS, EMAIL SENT TO COMMUNITY
- OCTOBER 15, 2012 DC PLANNING COMMISSION LOCATION AND EXTENT HEARING FOR MT CARBON TO BUILD OPTION B PENLEY DAM 12,300 ACRE FT
IF DISAPPROVED BY DOUGLAS COUNTY MT CARBON COULD APPLY DIRECTLY TO THE STATE
ONCE MORE, UNANIMOUS VOTE AGAINST BY DOUGLAS COUNTY PLANNING COMMISSIONERS
- OCTOBER 18, 2012 MT CARBON HELD SPECIAL MEETING AND VOTED TO MOVE FORWARD WITH DEVELOPING PENLEY DAM AND WILL NOW APPLY TO STATE OF COLORADO TO BUILD RESERVOIR
- NOV 10, 2012 HOA MEETING - COMMUNITY VOTE TO GO FORWARD WITH LEGAL ACTION
- NOV 18, 2012 HOA MEETING - LAWYER OFFICIALLY ENGAGED
- DEC 26, 2012 COMPLAINT AND JURY DEMAND FILED
- MAY 15, 2013 JUDGE RULING - TO JOINDER