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HomeMy WebLinkAbout1996-11-12 WSB AGENDA1. 2 . 3. 4 . 5. I 6. 7. 8. 9 . AGENDA ENGLEWOOD WATER AND SEWER BOARD NOVEMBER 12, 1996 s:oo p.m. ** CONFERENCE ROOM A ** MINUTES OF THE SEPT. 17, 1996 WATER & SEWER BOARD. (ATT. l} NEW MEMBER -GRAY CLARK. CITY CODE CHANGE -NUMBER OF USERS ON SERVICE RESTRICTIONS. (ATT. 2) SUPPLEMENT #20 TO VALLEY SANITATION DISTRICT. (ATT. 3) SUPPLEMENT #129 TO SOUTHGATE SANITATION DISTRICT. (ATT. 4) NESS MFG. INC. -3300 S. PLATTE RIVER DR. RE: LOOPING A WATER MAIN. CLEAN-UP RESPONSIBILITY AFTER SEWER BACK-UPS. LETTER FROM RESIDENTS NEAR 777 W. OXFORD RE: W. NASSAU WY. (ATT. 5) INFORMATIONAL ITEMS: A. LETTER FROM SOUTH ENGLEWOOD SAN. DATED OCT. 8 I 1996. (ATT. 6) B. LETTER FROM COM DATED SEPT. 24, 1996. RE: ACT I FLOW (ATT. 7) c. 2800 s. ELATI ST. -MARVIN HALL. (ATT. 8) D. LETTER OF OCT. 7, 1996 RE: C-470 INTERCHANGE 8. FROM ALISON MAYNARD. (ATT. 9) E. CITY ATTORNEY RESEARCH ON REVOCATION OF WATER & SEWER TAPS. (ATT. 10) F. LETTER DATED OCT. 2, 1996 FROM THE CITY OF GOLDEN. (ATT. 11) G. MEMO OF OCT. 29, 1996 RE: WILD & SCENIC TASK FORCE. (ATT. 12) OTHER. WATER AND SEWER BOARD MINUTES SEPTEMBER 17, 1996 Arr. 1 The meeting was called to order at 5:05 p.m. Chairman Fullerton declared a quorum present. Members present: Members absent; Also present: Habenicht, Fullerton, Burns, Guy, Neumann, Otis, Vobejda, Wiggins Higday Stewart Fonda, Director of Utilities Dennis Stowe, Bi-City Plant John Bock, Utilities Dept. Joe Pershin, Allen Plant Carl Houck, CDM Mike Zafer, COM 1) MINUTES OF THE AUGUST 13, 1996 MEETING. The Englewood Water and Sewer Board Minutes from the August 13, 1996 meeting were approved as corrected. Mr. Guy moved: Mr. Vobejda seconded: Ayes: Nays: Members absent: Motion carried. To approve the August 13, 1996 Englewood Water and Sewer Board Minutes as corrected. Habenicht, Fullerton, Burns, Guy, Neumann, Otis, Vobejda, Wiggins None Higday 2) GUESTS -CARL HOUCK & MIKE ZAFER OF COM RE: SEDFLOC SYSTEM. Carl Houck and Mike Zaf er from Camp Dresser & McKee appeared before the Board for an evaluation of pretreatment alternatives. The two primary processes considered were the Lamella Plate Sedimentation process and the ACTIFLO Ballasted Flocculation process. Operating costs and captial outlays were reviewed. A final decision will be made in the next few weeks. 3. 1996 BUDGET. Mr. Fonda reviewed the proposed 1996 Water and Sewer Fund Budgets with the Board. 4. INFORMATIONAL ITEMS: The Board received the following items for their information: A. court of Appeals -Availability of insurance coverage under comprehensive general liability for environmental response costs. B. Denver Water Board Resource Statement. c. Black & Veatch Study of the Buell property. D. Analytical results of common fertilizers. E. Letter from Barbara Fout regarding the City Ditch. F. Complaint letter from Greg Higgins of 4880 S. Pearl regarding water rate increase. G. Complimentary letter from Ralph Coats regarding Chuck Merry. 5. DON FULLERTON -CHAIRMAN. Don Fullerton, Chairman of the Englewood Water Board regretfully submitted his resignation from the Board. Mr. Fullerton is moving out of the Englewood area and would no longer qualify to serve on the Board. Mr. Fullerton moved; Ms. Habenicht seconded: Ayes: Nays: Members absent: Motion carried . 6. C-470 SITE TOUR. that Mary Neumann be elected as the next Water Board Chairperson beginning October 8 I 1996 o Habenicht, Fullerton, Burns, Guy, Neumann, Otis, Vobejda, Wiggins None Higday The Board adjourned to tour the pending C-470 site at McLellan Reservoir and County Line Road. The Board was joined by Doug Clark, Englewood City Manager and Englewood Councilman, Al Vormitag. The next Water and Sewer Board meeting will be October 8, 1996 at 5:00 p.m . in Conference Room A. Respectfully submitted, Cathy Burrage Recording Secretary ATT. 2 12-1B-7: NUMBER OF USERS ON SERVICE RESTRICTED: A. More Than One Premises to a Service Connection. Each premise, or property OR BUILDINGS SITUATED ON A PREMISE OR PROPERTY IN A MANNER WHICH WOULD ALLOW THE PREMISE OR PROPERTY TO BE SUBDIVIDED AND THE BUILDINGS SOLD SEPARATELY shall be served by a separate service connection DIRECTLY to the main WITHOUT CROSSING ANY OTHER ADJOINING PREMISE OR PROPERTY AND with separate curb stops involving only one account when water is turned on or shut off. Extension or service to another premise OR BUILDING from an existing service connection is prohibited and shall subject service to shut off without the City being liable for any damage. EXCEPTIONS TO THIS REQUIREMENT MAY BE GRANTED BY THE DIRECTOR OF UTILITIES UPON A REVIEW OF THE WRITTEN REQUEST OF THE PROPERTY OWNER IN WHICH THE PROPERTY OWNER ILLUSTRATES WITH BOTH WRITTEN AND GRAPHIC DESCRIPTIONS WHY THE EXCEPTION SHOULD BE GRANTED . EXISTING PREMISES, PROPERTIES OR BUILDINGS WHICH DO NOT CONFORM TO THIS REQUIRMENT MAY MAINTAIN THEIR SERVICE CONNECTION CONFIGURATIONS UNLESS AND UNTIL SUCH TIME THAT, IN THE OPINION OF THE DIRECTOR OF UTILITIES, THE SERVICE MUST BE SEPARATED. h :~bock\docs\oneserve ATT. 3 SUPPLEMENT NO. 2 0 TO CO~"NECTOR"S AGREEMENT Sewer Contract No . THIS AGREEMENT, made and entered into by and between the CITY OF ENGLEWOOD . acting by and through its duly authorized Mayor and City Clerk., hereinafter referred to as City. and VALLEY SANITATION DISTRlCT, Arapahoe County , Colorado, hereinafter referred to as District: WHEREAS , on the 15th day of November, 1984 , the City entered into a Connector·s Agreement with the District concerning the connection of the District sewer collection facilities to the City 's sewage system ; and WHEREAS. said Agreement provided that additional service areas could be included within the limits of the District with the written consent of the City ; NOW THEREFORE, in consideration of the Premises and of the mutual covenants of the parties hereto , it is agreed as follows : 1. The City does hereby consent to the inclusion of the additional area described on Exhibit One hereto into Valley Sanitation District and agree! that said additional area may be served v.ith the sewer facilities of the District, and that the City will treat the sewage discharged into the District 's sanitary sewage system and into the City 's trunk line from said additional area, all in accordance with the Connector's Agreement dated November 15. 1984 between the City and the District. Accordingly , paragraph I of said Connector 's Agreement is hereby amended to include the additional real property described on Exhibit One hereto . The O\~ner of said property is Waste Management of Colorado, Inc . 2. Except for the agreements set forth in paragraph 1 hereinabove, each and every other provision of said Connector 's Agreement remains unchanged and continues in full force and effect, and the additional area herein included shall be subject to all of the terms and agreements .contained in said Connector · s Agreement. IN WITNESS WHEREOF, the parties hereto have caused their names and seals to be hereunto subscribed and affixed this/~ I/... day of (J ,,. ~ , l 9 & ATTEST: CITY OF ENGLEWOOD By : ______________ _ City Clerk Mayor A1TEST: VALLEY SANTIATION DISTRICT -~~ Bv : • =-. . PrCSident ' · / .7retary EXHIBIT ONE Approximately l .1± acres recently acquired and to be .included as part of the 14 .3± acre facility as follows : A tract of land located in the northeast quarter of the southeast quarter of Section 8 and the west half of Section 9, To\\nship 5 South. Range 68 West of the sixth· principal meridian, City of Englewood. County of Arapahoe, State of Colorado, and being more particularly described as follows : Beginning at a point on the south right-of-way line of Union Avenue; from said point of beginning the northeast comer of the northeast quarter of the southeast quarter of said Section 8 bears N29°34 '36'W, a distance of 40.30 feet; Thence N64°18'01 "E along said right-of-way line, a distance of262 .95 feet ; Thence leaving said right-of-way line S28°13' 13"E a distance of 9 .14 feet; Thence along a curve to the right which has a radius of 102 .84 feet, a delta angle of 41°39 '39", a length of 74 .78 feet and chord bearing S07°23'24"E for a distance of 73 .14 feet ; •• Thence S l3°26'26'W a distance of 687 .79 feet; Thence along a curve to the right which has a radius of 1262.40 feet, a delta angle of 34°59 '27", a length of 770.95 feet and a chord bearing S30°56 '09'W for a distance of 759 .03 feet; Thence N89°50'30 ", a distance of 68 .00 feet ; Thence N00°08 '37", a dist.an~ of 695.30 feet; Thence N89°52 '00 ", a distance of 592 .00 feet to a point on said south right-of- way line of Union Avenue ; Thence N89°52 '00 "E, along said right-of-way line, a distance of 120 .83 feet ; Thence continuing along said right-of-way line S89°5 l '23"E, a distance of 364 .18 feet to the point of beginning . The above described tract contains 624,007 square feet or 14.325 acres more or less . County of Arapahoe, State of Colorado . Waste Management ot Colorado Denver South Facility P .O. Box 1238 2400 West Union Avenue Englewood, Colorado 80150 303/797-1600 •FAX: 303/794-2403 October 30, 1996 City of Englewood Mr. Stewart Fonda Director of Utilities 3400 S . Elati Street Englewood, Colorado 80110 Re: Waste Management of Colorado, Inc. (WMC) Inclusion Dear Mr. Fonda: A Waste Management Company Enclosed is the additional infonnation requested by your office on October 28 , 1996 relating to the WMC inclusion . The subject property, as shown in the attached maps , is 1. 1 acres in size and is zoned I-1 . There are no plans for additional development and no plans for a zoning change . The property is owned by Waste Management of Colorado, Inc . The sewer line at 2400 W . Union Avenue flows into a vault with a lift station which is located approximately 150 feet to the south of Union Avenue. The lift station pumps the sewage flow out to Union Avenue where the line ties into an 8 inch gravity sewer which flows to the west beneath Union Avenue . Should you have further questions I can be reached at 797-4625 or contact Len Butler at 914-1467 . Sincerely, ~tVJuv1 Paul Wuthrich Division Compliance Manager cc : Len Butler, WMI Dean V ander Baan, WMC Lynn Walker, WMI - < -' . ' '' '/I 77 0 ~ ~ ~ -I.I~ ,. .,, =-'IC "' ::t..:.R VALLEY~ " ... s.c. 410 1 Yfv --= c--:-__ .... _. r~ Park Beare~ ...-----· Ft. Logan .Vat/. Cemetery 6 ... , !:2 : ., ).. ~ ... ::;, .... ~ ... "' < u ... a 0 ~ < c;,"- OUINCYAVE. )J V£•r RAOCl:JFF -~ . ! . :······-· .... : .' ·~ =·~··•51"1NE0RD . . • I•••• •• • • I I SUPPLEMENT NO . i2,_!} TO CONNECTOR ' S AGREEMENT THIS AGREEMENT, mad e and e n tered into by and b e tween the CITY OF ENGLEWOOD, act ing by and t h roug h its duly authorize d Ma y o r and City Clerk , h ere inafter called t h e "City,• and SOUTHGATE SANITATION DISTRICT , Ara p a h oe and Douglas Counties, Colorado , h ereinafter ca lled the "District,• WITNESSETH: WHEREAS , o n t h e 20th day of June, 1 961, t h e C jty and the District e ntere d into a n Agreeme nt in which the City agreed to treat sewage origi n ati n g fro m the Distri ct 's sa ni tary sewer system within the area served by t h e Distri ct , whi c h AgreemenL was mos t recent ly renewed by Connector 's Agreement ddt ed Novemb er 16, 1988; and WHEREAS, sa id Connector's Agre e ment provides that the di s trict may n o t enlarge its se rvi ce area wi t hout the written cons ent of the City; NOW, THEREFORE, in cons ideration of the mutua l cove n a nts and undert a kings h erein set forth, the parties agree as fo llows : 1. The City h e reby consents to the inclusion of certain additional area l ocated in Arapa hoe Co unty, Co lorado, o wn ed by THE PRESERVE AT GREENWOOD VILLAGE, a nd more fully d escr ibed o n Exhibit [i at t ach e d h ere t o and incorpo rat ed h erein by reference , into Southgate Sanitation District. The City agrees that sai d addi - tional area may b e served with the sewer facilities of the Distri ct , and that the City will treat the sewage disc h arged into the city's trunk line fro m said additiona l area, all in accordance with the Connector's Agreement dated November 16, 1988 . Accordi ng - ly, Exhibi t A referred t o in Paragrap h 1 of the Connec t or 's Agreement dated Novembe r 16 , 1988, i s h e reby amended to inc lude such additi o nal area . 2. Each and every o ther provision of the said Connec - tor's Agre e ment dated November 16, 1988, shall remain unc hanged . IN WITNESS WHEREOF, the parties have se t their hands and seals this ~~-d ay of , 1996 . ATTEST : CITY CLERK (SEAL) ATT EST~ L . - ~·-~L"' (611:1\t,) CITY OF ENGLEWOOD By:~=-==-~~~~~~~~~~~ MAYOR SOUTHGATE SANITATION DISTRICT, ARAPAHOE AND DOUGLAS COUNTIES, COLORADO By : Ylotlk ~I= PRESIDENT )> -t :4 -l: '. . ... t<QELBEL KOELBEL AND COMPANY 5291 YALE CIRCLE• DENVER, COLORADO• 80222 (303) 758 • 3500 FAX (303) 758 • 6632 August 13, 1996 Mr. Duane Tinsley SOITTHGATE ~~SANITATION DISTRICT 3 722 E. Orchard Rd. Littleton, CO 80121 RE: INCLUSION PORTION OF PRESERVE AND GREENWOOD VILLAGE FILINGS 7 & 8 -SOUTHGATE SANITATION DISTRICT Dear Duane: I was a unaware that a portion of Filings 7 & 8 containing approximately 4.4 and 27.71 +/-acres is not currently included in the Southgate Sanitation District. All of the ) Preserve Filings 7 & 8 are included in the Southgate Water District. 1bis letter is intended as a petition to include the remaining Preserve property contained in Filings 7 & 8 into the Southgate Sanitation District. Pursuant to your rules and regulations, enclosed is the following listed information: I . Survey Drawing prepared by Kirkham, Michael and Associates, registered professional engineers. 2. Vicinity Map for each parcel. 3. Title Commitment from Land Title: 4. Total acreage of the property is 32.186 acres more or less and lies within Greenwood Village. Existing z.oning on the property regarding the 4.450 acre parcel is R 2.0 (PUD), one lot per 2 acre residential z.oning category. The second property contains 27.736 acres more or less and is zoned R 1.0 (PUD). This residential z.oning category allows one lot per 1 acre. Single family residential zoning is the intended use of the property. We are currently processing both the preliminary and final plats through the City of Greenwood Village. We anticipate infrastructure construction to commence within the next three months from the date herein. Service requirements would include sanitary sewer. Two lots located on the REAL ES TA TE SALES· CONSTRUCTION· LAND DEVELOPMENT· PROPERTY MANAGEMENT · INVESTMENTS· INSURANCE ;. t<OEIBEL Mr. Duane Tinsley August 13, 1996 Page 2 4.450 acre parcel would be serviced through an individual "private" grinder pump system with a force main into the gravity line. 5. Petition fer Inclusion of Real Property. v ftf ' 6. Check .in the amount of $375.00 as a~ against reviewing and processmg costs. The inclusion of this property into the Southgate Sanitation District was always anticipated in the master planning and utility layout for The Preserve at Greenwood Village as previously disclosed to Southgate. This property is currently included in the Southgate Water District. The existing outfall sewer system has adequate capacity to handle this low density residential development. We would like to proceed as expeditiously as possible with the inclusion. Please contact me immediately if you require any additional information in order to proceed. Thank you for your assistance in this matter. Sincerely, KOELBEL AND COMP ANY /L~ ti-- Keith L. Neale Vice President -Development KLN:dg Enclosures xc: Billy Harris PARCEL 1 A parcel of land in the Northwest Quarter of Section 18, Township 5 South, Range 67 West of the Sixth Principal Meridian, County of Arapahoe, State of Colorado, being more particularly described as follows: For the purpose of this description the bearings are based on the westerly line of the Southwest Quarter of said Section 18 between the Southwest corner marked by a 3" cap P.L.S. 7104 in range box and the West Quarter corner marked by a 3" cap P.L.S. 7735 in range box, bearing North 00°20'13" East. Commencing at the West Quarter corner of said Section 18; Thence North 89°42'50" East along the East-West centerline of said Section 18 a distance of 602.50 feet to a point on the westerly line of the East Half of the West Half of the Northwest Quarter; Thence North 00"11'32" East along said westerly line a distance of 1199.43 feet to a point on the northerly right-of-way of the Highline Canal as described in Book 179 at Page 583 of the Arapahoe County Clerk and Recorders Office and the POINT OF BEGINNING; Thence North 00°11'32" East along said westerly line a distance of 497.28 feet to a point ; Thence North 6 5°08'58" East a distance of 114.80 feet to a point; Thence South 38°53'1 9 " East a distance of 319.50 feet to a point; Thence Sou th 89°48'28" East a distance of 74.58 feet to a point; Thence South 00°11'3 2 " West a d i stance of 309 .28 feet to a point of curv ature ; Thence a l ong the arc of a curve t o the right having a central angle of 3 4"21 '29", radius of 295 .33 feet, arc length of 177.10 feet (chord bears South 17°22'17" West, 174.46 feet) to a po i nt on the northerly right-of-way line of said Highline Canal ; Thence North 55°26 '59" West along ~\id northerly r i ght-of-way line non -tangent to the previous curve a distance of 68.18 feet to a point of curv ature; Thence along said northerly right-of-way line along the arc of a curve to the left having a central angle of 14°24'30", radius of 12 1 9 .66 feet, arc length of 306.71 feet (chord bears North 62°39'14" West, 305 .90 feet) to the POINT OF BEGINNING. Containing 4.450 acres, more or less. Exhibit A Sheet 1 of 2 PARCEL 2 A parcel of land in the Northwest Quarter of Section 18, Township 5 South, Range 6.7 West of the Sixth Principal Meridian, County of Arapahoe, State of Colorado, being more particularly described as follows: For the purpose of this description the bearings are based .on the westerly line of the Southwest Quarter of said Section 18 between the Southwest corner marked by a 3• cap P.L.S. 7104 in range box and the West Quarter corner marked by a 3• cap P.L.S. 7735 in range box. bearing North 00°20'13" East. Commencing at the West Quarter corner of said Section 18; Thence North 89°42'50" East along the East-West centerline of said Section 18 a distance of 602.50 feet to a point on the westerly line of the East half of the West half of said Northwest Quarter and the POINT OF BEGINNING; Thence North 00°11'32" East a distance of 1092.42 along said westerly line to a point of non-tangent curvature on the southerly right-of-way line of the Highline Canal as described in Book 179 at Page 583 of the Arapahoe County Clerk and Recorders Office; Thence along said southerly right-of-way line the following eleven (11) courses: 1. Thence the arc of a curve to the right having a central angle of 12°32'22", radius of 1119 .66 feet, arc length of 245.04 feet (chord bears South 61°43'10 11 East, 244.55 feet) to a point; 2 . Thence South 55"26'59" East a distance of 300 .74 feet to a point of curvature; 3. Thence along the arc of a curve to the left having a central angle of 07°34'32", radius of 971.48 feet, arc length of 126.45 feet (chord bears South 59°14'15" East, 128 .35 feet) to a point ; 4. Thence South 6 3°0 1 '31" East a distance of 666 ,29 feet to a 5. 5. 7. a. point of curv ature ; Thence along the arc of a cu=ve to the lef t having a centra l angle of 20°52'01 11 , radius of 312 .18 feet, ar c length of 113 .70 feet · (chord bears South 73°27'31" East, l l.3.07 feet) to a point; Thence South 83°53'32 11 East a distance of 237.64 fee~ to a point; 1_. Thence along the arc of a curve to the right having a central angle of 05°33 '~9", radius of 1403.38 feet, arc length of 136.27 feet (chord bears South 8 1 °06 ' 37" East, 136 .22 feet) to a point ; Thence South 78°19'43" East a distance of 244 .8 2 feet to a point of curvature; 9 . Thence a l ong the arc of a curve to the right having a central angle of 29°01'45", radius of 333.78 feet, arc length of 169.11 feet (chord bears South 63"48'50 11 East, 167.31 feet) to a point; 10. Thence South 49"17'58" East a distance of 206.47 feet to a point of curvature; 11 . Thence along the arc of a curve to the left having a central angle of 02°44'57r, radius of 597.62 feet, arc length of 28.68 feet (chord bears South 50°40'26 11 East, 28.67 feet) to a point; Thence South 40°42'02 11 West a distance of 30.69 feet to a point; Thence South 49"17'58" East a distance of 59.67 feet to a point; Thence South 65°19'19" East a distance of 22.58 feet to a point on the East-West centerline of said Section 18; Thence South 89°42'05" West along said East-West centerline a distance of 2264. 45 'feet to the POINT OF .BEGINNING. Containing 2 7 .736 acres, more or less. Exhibit A sheet 2 of 2 / "' " 0 > _J m 0 0 <( 0 _J 0 u (/) '\ I \ EXHIBIT B E. BEL EVIEW AVE. E. ORCHARD RD. \ VICINITY MAP NTS I- C/) >-L-- _J _J 0 I City of Englewood Utilities Department 3400 South Elati Street Englewood, CO 80110 To Whom it may concern; This letter is written to express our (the undersigned's) concerns regarding the division and sale of (Tract "A" except west 7S and east 50' lot 4 and south 32 .17' lot 5, block 2 Ox-Bow), 7n West Oxford Avenue. It has come to our attention that this lot may be divided and sold.and that a permanent drive exiting onto West Nassau Way may be added as part of that process. We understand that a property owner should have the right to make responsible choices with the use of his property. We feel however that adding a permanent drive exiting that property onto West Nassau Way will cause the following problems; 1 . Increased drainage onto West Nassau Way which will create a hazard during the winter months. 2 . Increased traffic which will create a hazard to the children living on this street. 3. Most important, neighborhood children now use the hill, through which the drive will pass, as a bike and walking path. There are already fences installed on property adjacent to the lot. A child coming down the hill could not see a car exiting the lot onto West Nassau Way until the two had met. Obviously this presents a very serious threat to all neighborhood children who have been using the path for years without any concern as to whether they would be struck by a car exiting the lot in this direction. This of course holds true for adults as well, but it is the children who are our primary concern. One need only look at the site to verify our concerns. Signed, Address Zf.5 W diss;!t< t</v' ?at: ~ \~ ~ . ·~=·a ~l>-">iAo ~ 7 80. W. N Q55AU ll.:JY 7 -·-<:.... /'_JS: l< i . )JA SSA., . £!,) y_ I 09:45 DCNU) E M~TURANO ATTORNEY DoNALD E. MARTURANO ~r_,J2-- P,O.BOX3858 LI"l"TJ.E'l"01'f, OOIA>RADO 80181 Oc:::tober 8, 1996 YII fAC8IKILE tp: 762-2337 John Bock, Manager of Adminiatration Utilities Department City of Englewood 3400 South Elati Street Englewood, Colorado 80110 Ke: Wastewater Sr•tem Service Aqreeaaent Effective Oc~ober l. 1993 City of BD9lewood ("City")/south Bnqlewood S&nitation District Ro. l (the "Diatric:::t") Dear John: This is to confirm th• agreement between the City and the District above-referenced is to continue pending a new aqreement on the same subject matter. As you and I have discussed, the District will be propoain9 aome minor chan9es, and the City is going to review its increa8ed labor costs, if any. Thus, the a9reement as referenced, under all ita same terms and conditions, will continue "at will" until • new a9reement is r•ached (which, for purposes of continuity, would be backdated to October l, 1996) or until an impasse i• reached and the City and the Pistrict agree not to agree (ahould that unlikelr scenario be the case). If an impasse is reached, the District agrees to pay, on a pro rata basis, the amount: it currently pays ($9,000.00 per quarter}, prorated on a daily basis from October l, 1996, to the date of impasse. until that should be decided, in the event that there is no new a9reement, the City will continue to provide all the same services it provided under the referenced aqreement. I propose to have the new contract, absent any monetary amounts, to you within a week or, worse case, by October 18, 1996. 09:46 DoNALD E. MARTURANO ~ ... 7-.t52- John Bock, Manaqer of Admini•tration Utilitie• Department City of Englewood October 8, 1996 Pa9e 2 If the Ci tr'• underatandin9 does not comport with thi• letter, please adviae at once. As alwa1w, thank 1ou for rour •••i•tance and cooperation. With best re9arda, £)~£ /Y(~/ic. Donald E. Marturano, Attorney for South En9lowood Sanitation District No. l DEM:de .,._"! __ CDM Camp Dresser & McKee Inc. environmental 133117th Street, Suite 1200 _.,ices Denver, Colorado 80202 Tel : 303 298-1311 Fax: 303 293-8236 September 24, 1996 Mr. Frank Kaylor Goble Sampson Associates, Inc. 7076 S. Alton Way Bldg. F Englewood, Colorado 80112 Dear Frank: .ATT· 7 As discussed in our meeting at Englewood City Hall on Monday, September 23, 1996, Kruger must provide to CDM several items by 5:00 p.m. on Tuesday, September 24, 1996 for the ACTIFLO process to be reconsidered by the Englewood staff. These items include: 1. Redesign of the ACTIFLO system to include at least four equal sized treatment trains to economically treat flows as low as 2 mgd, and to limit waste flows to 3 percent (of the plant influent flow) or less at all flow rates. Kruger must also provide a binding price quote for the new systems, estimates of power consumption, chemical consumption, and waste stream flows for the revised design. Documentation of assumptions and calculations must be included for all estimates. Additionally, if waste flows are to be reduced by recirculating higher concentrations of sand through the recirculation pumps and hydrocyclone systems, Kruger must provide references where these modifications have been implemented and how this has affected equipment wear and maintenance requirements. 2. Unconditional letters of approval from the State of Colorado and the United States Environmental Protection Agency granting the ACTIFLO process with full credit as a conventional treatment process. Additionally, the letters must state that the ACTIFLO process will not be subjected to constraints imposed by anticipated regulations which may: • Limit recycle flows to 10 percent (or less) of the plant influent flow • Prohibit direct recycle of solids within the treatment process 3. Written agreement signed by Kri.iger in which Kri.iger agrees to reimburse the City for CDM's predesign costs from September 24, 1996 to the date at which the City officially overturns their decision and proceeds with the design of an ACTIFLO system. As of September 24, 1996, the City authorized CDM to proceed with the design of conventional treatment facilities with Lamella plate settlers for the Allen WTP. CDM estimates that $145,000 will be spent on the remaining predesign activities for the Allen WTP. Additionally, as much as $50,000 to $100,000 may be required to modify the predesign report if ACTIFLO is selected after the report is completed. Kruger will be responsible for these costs only if the City selects ACTIFLO. 0710-147\POINEGOTIKA YLOR. L TR 912 4196 let CDM Camp Dresser&. McKee Inc. Mr . htru: Kaylor ~., · · ber 24, 1996 ASfl ~~ed by the September 24, 1996 deadline, this information will be passed on to the ~,~.teview. Acceptanc:e of this i1\fonnation by CDM or the City in no way indicates ~City will reconsider or overturn their decision to implement conventional treatment . '.Aten WTP. ~then decides to reconsidet the two alternatives, CDM will approach the other • , · and allow them to modify their designs, price quotes, and process guarantees ~Y'· Additionally, CDM will provide the other suppliers, on request, with design ~ch COM used in the analysis of the ACTIFLO process. Submittals of the Letters ~~1ent or price quotes will not be exchanged. The other suppliers will also be ~· . flat the final analysis prepared by CDM will be available through the City of -:~. These conditions are in direct response to Kriiger's requests for information on •-" .. ~ary costs and designs for other alternatives . .---.. _. tact me at (303) 298·1311ext.435 with any questions regarding these issues. ~in our meeting on Monday, September 23, 1996, CDM and the City verbally :?;.~information from Kri.iger which was never received. Attached is a list of the ~lllirin requested. Please forward this information to CDM as soon as possible. "r _.yours, .j.~ER AND McKEE INC. ""Ji ~ormick, City of Englewood ' -~.·!I.I.,. ' CDM .:,;.4:J..:-~, ~:-..iasteele, CDM :'ii!i lim..O'Donnell, CDM :L~:IJ:n-0-147-PD-4.08, 10.03 , 11.06B ru_~ Jim Steele, P .E. /' ~ Project Manager /t7 1. Polymer Info.: 2. Water Quality: 3. Plant Data: 4. Water Costs: 5. O&M Info.: 6. Microsand: 0710-147\PO\NEGOTIKA YLOR .L m 9124196 let Attachment A Written Request for Information Product information sheets, MSDS's, local suppliers, and costs (delivered to the Allen WfP) for polymers used in the March- April 1996 pilot testing. Raw, settled, and finished water quality; waste streams (used washwater; solids recirculation and waste streams). Include plant and waste stream flows, TSS, TOC, turbidity, pH, and other characteristics. Chemical consumption, power consumption, maintenance schedules, labor requirements, and filter operating data (loading rates, run length, backwash volumes, efficiency, headless). Cost to consumers for water produced at ACTIFLO plants (Canada, France, England). Recommended operational procedures and maintenance schedules for ACTIFLO plants. Labor estimates and equipment costs for items requiring replacement (e.g., pump linings, impellers, hydrocyclones, etc.). Specifications, local suppliers, and costs (delivered to the.Allen WfP) for the microsand. "SEP-23-1996 09 :59 FRO M GOBLE ~MPSON TO GOBLE SAMPSON & ASSOCIATES 7076 South A1tDn Way, Building F Englewood, co 80112 {303) T70-6418 FAX (303) nQ..6424 -Fax Cover Sheet - Date/Time: 9/23196 8:49AM Pages: To : Fax Phone: From: 9 Stewart Fonda, City of Englewood (303) 789-1125 Frank H. Kaylor Subject: Allen Plant Pre Treatment Dear Mr. Fonda : 7622337 P.01 In light of my conversation with you on Friday, I am requesting that you postpone your final decision. The basis of this request is that there are several issues regarding the ACTIFLO process that Kruger was never asked to address. In part, these issues are: Other State Approvals Volume of Sludge Equipment Maintenance Power Consumption I woold also request that Mr. Finn Nielsen, Philippe Topajian , and myself have about 30 minutes of your time this morning to cfrscuss the issues from a commertial standpoint We are at my office and would respond to your convenience as I know you have a busy schedule today. At this point Kruger is willing to offer additional discounts. a better process guarantee and greater Jeve!s of support regarding the state approval process including offsetting engineering fees associated with ACTJFLO approval. I would respectfully request your respo1 rse upon review ot the endosed. 5EP-23-1996 09:59 FROM GOBLE SAMPSON 20 September 1996 Mr. Stewart Fonda Director of Public Utilities City of Englewood, CO Re: Allen Water Treatment Plant I ACTIFLO Dear Mr. Fonda. TO 7622337 P.02 After several phone conversations today, we have undemood that the City of Englewood will not be considering ACTIFLO because of~ concerns. Unfortunately, these issues have never been addressed to us . Some are based on misunderstandings or lack ofknowidege about the process , since it is relatively new in the USA This is why we feel that we should be given the opportunity to discuss them with you and with CDM in order to bring the proper ciarifa:ations before final decisions are made . 1. State approvab Nobody has asked us to provide any state approvals for the ACTIFLO process. In our meeting with CDM on 4 September 1996, we addressed the question of the approval through the state of Colorado . Mike Zafer assured us that the pilot study results had been already submitted to the state and that CDM was expecting their response in the near future. No major concern seemed to be coMcctcd to this question which was oniy a matter of time. Attached please find the approval letters from the stat~ of Pennsylvania and Virginia. Another approval is expected to be issued in the very near future by the state ofKentuclcy . 2. Volume of $ladge produced We have been asked to design 3 ACTIFLO trains of 9 .33 MGD each with a total capacity of 28 MGD . However-, we have not been told that the total flow through the plant could be as low as 4 or 5 MGD which then, under normal operating conditions, would cause overconsumption of power and overproduction of sludge volume . For this type of situations, we definitely do not recommend such an operation and always suggest either or both of the following 2 solutions: a) b) Design one train at a low capacity and the other 2 trains at a higher capacity (e.g. lx6 MGD and 2xl l MGD) which confers more operational flexibility fur this kind of situations. Provide sand pumps with VFDs or with 2 constant speeds and run them at a lower me (with the corresponding number of cyclones) whenever needed. · I • i .t J ~ ... ' : ,. -. SEP-23-1996 10:00 FROM GOBLE SAMPSON TO 7622337 P.03 KrUger Another option, which is widely used in Europe and in Canada, consists of recycling partially the overflow of the cyclones in order to further minimize the volume and to increase the concentration of the sludge discharged out of the system. 3. Sllem.ngo, PA We understand your concern in relationship with the fact that CGE owns 200/o of Consumers Water Company. But this had no influence on the choice of the process in the Shenango project, since both process perfurmancc and overall project costs were favorable for ACTIFLO . As a matter of fact, ACTIFLO has been compared to Superpulsator and DAF during the winter pilot study and to DAF only during a second pilot study in the summer of 1995 . As a result, ACTIFLO outperformed both other processes. Based on its overall better perfonnance, more stable and flexible behavior, lower capital and operational costs, ACTIFLO was then selected for this job . The project evaluation was done by the consulting firm Gannett Fleming, and the Peer Review by Montgomery Watson . We hope that this information underlines the fact that ACTIFLO was not the preferred process choice fur Consumers because of its relationship to CGE. If you wish to verify the above information. please contact: Mr. Gene Koontz, Project Manager, Gannett Fleming. Phone (717) 763-7211, Ext. 2548 4. Proven technology It may appear that ACim.0 i.s a new unproven technology, because there are no operational ACTIFLO plants yet in the USA But there are some 20 operational plants worldwide, mainly betWeen Canada, France and England and also some 15 ACITFLO plants under construction. In the USA, we are presently working on some 20 very promising projects with almost all major consulting firms nationwide. Also , many consider our 1 MGD pilot plant as almost a full scale plant . In one case (m Kentucky), it has been successfully tested at as high as l.33 MGD in presence of the State Health representatives, the owner and the consulting engineer. Furthennore, ACT.IFLO is a second generation process using microsand enhanced flocculation and settling. The first generation, called Cyclofloc (also mentioned in AWWA reference books, like "'Water Quality and Treatment"), goes back as far as 1970, of which some 40-50 references exist worldwide. The difference between the 2 processes resides mainly in the ~ of integrating (Cyciotloc) or separating (ACTIFLO) the flocculation from the settling. Obviously, better control of the overall process is achievable in ACTIFLO , which in tum is respoDSl"ble for better performance and higher rise rates. As in ACTIFLO, Cyclofioc piants use also rubber-lined pumps and cyclones for microsand recovery. 2 } I .. 4 t 1 ! i ' .• .. ., j )I ·. SEP-23-1996 10 :0 1 FROM GOBLE SRMPS ON TO 7622337 P.04 We are attaching for your information a list of selected Cyclotloc refermces since 1970. This demonstrates that ACTIFLO , which is a ftuther improvement of the Cyclotloc process, is a proven teclmology with more than 25 y~ of full scale operational experience. · s. Equipment maintenance All ACTIFLO equipment is standard equipment supplied by numerous US manufacturers. Whether pumps, mixers, valves or cyclones, Kruger 's policy is to supply high quality heavy duty equipm=it. Wherever necessary and applicable, stainless steel material is widely used in AC1ID.O (mixers, piping, submerged supports, collection boxes, parts in scraper). Therefore, maintenance is standard in ACTIFLO. Sand pumps have been operating for many years in Europe and in Canada without any problems . The lamella tubes do not need frequent cleaning (a couple of times a year) because they are not primarily used to retain the sludge as in other processes . Also. due to the action of microsand, the water is largely clarified before even entering the tubes . Onl y the rubber lining of the hydrocyclones needs to be replaced once f:Vt:ry 2 years approx ., but this is done in 20-30 minutes only . These facts are confirmed by the operation experience of ACTIFLO plants in Europe and in Canada. There. most of the plants are either unmanned or operated by a minimum number of personnel which demonstrates that ACTIFLO does not require any special or more maintenance as compared to other processes. Based on that. we further do not understand why 2 more persollllcl have been added to the operating cost-estimates of ACTIFLO . As opposed to that, conventional lamella settling processes require extensive maintenance, especially because of the frequent (once every 1-2 weeks) cleaning of the appro"-S times larger- settling tubes sumce area than in ACTm.0. This is due to the important sludge build-up in the lamella tubes since their major tas~ is to retain siudge. Significant maintenance and frequent repairs have also proven to be c:sse:rtial whenever "Trac-Vac" systems are used to collect the sludge . Furthermore, with the large number of huge paddle mixers required and other related equipment, and since both processes show comparab le equipment C-Osts. we do not understand how a lamella system consists ofless equipment and requires less maintenance than ACTIFLO . 6. Power t:ousumption It is a fact that ACTIFLO consumes more power than conventional processes including lamella systems. But this is common to modern md better performing technolog:ies (e.g. DAF, which bowever consumes significantly more powe:-than ACTIFLO) as compared to older conventional processes . It is a natural law that good overall performance, better removal efficiencies, lower chemical consumption, stable and fiexio le operational behavior and a very small footprint with major civil cost savings cannot be achieved while consuming only little energy. 3 - I • .. SEP-23-1996 10=01 FROM GOBLE SAMPSON TO 7622337 P.05 ~Kriiger In ACTIFLO, the .. price" to pay for all these advantages is higher power consumption, but fonunateiy, this bas been in almost all cases compensated fur by significant chemical savings. Data from full scale plants and from all pilot studies confirm this finding. During the Englewood pilot StUdy, we have demonstrated that ACTIFLO can operate at 20-JO mg/I of aJum and produce better results than the full scale plant which was operating with average dosages between 40 and 50 mgt1 of alum We an: suprised that in the operating cost-estimates, no credit has been given to ACTIFLO. 7. Prvcess guarantee We recognize that ACTIFLO is a new process in the United States and understand your concerns related with the process guarantee. Given your situation as being the fim in Colorado and in the West to decide whether to accept some "risks" in connection with this process, we are ready to accomodate your needs for more powerful guar.mtecs beyond those to which we have already committed ourselves in our letter of 12 September 1996. We understand your needs for more assurance and are willing to funher discuss this important issue with you. We think that the above will help to clarify most of the concerns related to ACTIFLO in order to better evaJuate tbis process. Based upon these tacts , we kindly ask you to postpone the final decision concerning the choice of the process in order to give time for a revised and better evaluation of ACTIFLO . With major savings achieved with ACTIFLO in capital costs (which we still feel should be more important according to our estimates than the given numbers), we hope tlw the requested revision will allow all parties concerned to have a greater benefit from it. Respectfully yours, Krager, Inc . (-;__ /_ Philippe Topalian Product Manager ACTifLO Systems Enclosures ; Letter of approval from the Pe:msylvania Department ofEnviromnentaJ Protection Letter of approval from the Department ofHealth, Commonwealth of Virginia List of selected Cyciofioc references cc : Cari Houck. William O'Donnell, Mike Zafer, CDM Frank Kaylor, Goble Sampson Fmn Nielsen. 0 . Roy Langslet, Kruga- 4 J .. i £ j i f i t .. t j .. ~ ~· r lJ • 5 -r v,,,, I lA.J( .5 fl 0 ~ co (..) 1-i:> A GnREl!"' a ,v f'I-<-Y t~);A ~ ($ r Ll . -;:: pc Z> uc-rC-0 _, [). o-o w ft->' ;z>Ac/C u...; tr-E:J f/o u /-IP<:> (#€' Sf-/IN'6L-l!' Ft-A-vDR CiJ -;5Rc,rw;/ w fl-T~ l.f ou wc.e'E' Tf<'f"';,._)4 rcJ $<:;.'-i...-,4 > _;;>R1N K~BL c · =5r1L1.-_L Prvt 13'uV1/J7 --,~ w/>t/EI<. fV :I:>~ I pJK_ ,4rv!:> _L ( M lfOT rrY I~ .-,.fie. ?i<EVr ---n "' I ,----t"">FYI ----/\ I I "'' . ,..,..., I WA I t::.7'--c µ & 5 . _L ...>t+out.¥ Y'-Y u er (HI+! (Vi'-' c H t::'rr( It Ir\ O(\.) I H I lfat+f't--r rs 11{'"£ s2 .'J'D cti-!?r-12trE. T+JAI f-IP.5 APP.Ai<-E.U-)l._1· CrR.owJ (0 $4-, <Lo -S -~c-t.<.)J A-~ v\ 0 \~1 \ 'J:: 1>a"N1T WAN-, ANY rviol<E"" ""cTgcf< :) c;JcL-o?t.D rs µy c-4-eck +:=s .e: ~ 2. 71 -As c. c'D>E As _j_ ofi.tl Ccv><E: w 1-rH-ou-j fl+ f<VJL sp+?t~~~ . 7 ,8f--5" "2 I 3 ADDRESS: 2800 S. ELATI ST. ~ Gannett Fleming ~ ENGINEERS ANO PLANNERS Philippe Topali~ Ph.D Product Manager, Actiflo Systems . Kruger, Inc. 401 Harrison Oaks Boulevard Suite 100 Cary, NC 27513 Dear Dr. Topalian: August 15, 1996 GANNETT FLEMING, INC. P.O. Box 67'100 Harrisburg, PA 17106-7'100 Location : 2(17 Senate Avenue Camp Hill, PA 17011 Fax : (717) 763·1808 Office: (717) 763-7'211 On behalf of Spotsylvania County, thank you for your review and evaluation of the issues arising from the Virginia Department of Health (VDH) review of the pilot test program. We believe that you have expressed some valid points and will consider these in our evaluation of the Actiflo process. We understand your desire to meet with VDH to address several of the comments contained in their letter. However, Spotsylvania County presently has the necessary VDH approvals in hand to proceed with further consideration of the Actiflo process. None of the issues raised by VDH, which you contest, are expected to affect the ultimate approval of the process. We and the County both feel that it may be counterproductive to this project to meet with VDH at this time. Therefore, we do not wish to attend such a meeting in the immediate furure. Kruger, Inc. is free to address these issues directly with VDH, particularly as it concerns future VDH approval of the Actiflo process at other Virginia locations. We may suggest, however, that you delay such conversations until review of the Spotsylvania County project has been completed. If you have any questions or wish to discuss this issue further, please do not hesitate to call me. cc: Very truly yours, GANNETT FLEMING , INC . Water Resources and Geotechnical Division 9::cs~!f Project Manager, Water Supply Section T . Stanton, T . J. Stanton Assoc. B . Boyer, Spotsylvania County File 30472.234 A Tradition of Excellence Since 1915 W :\Engim:cr. WSS\\Koontz\ Topalian. 815\lj w -. 7 -.. SEP-23-1996 10:03 FROM GOBLE SAMPSON .... '1> '7622337 - COM..N!ONWEALTH of l/1RGllN1IA AANOOl.PH l.. GORDON. MJJ •• M.? .H. cc : "" Mr. Gae lComm:. P. E. GamiatPlcm:iDc. Im:. P.o.B=moo B'aaisbmaoPA 17106-7100 ~afH•aith Offe;e ef Waur P~ SUBJECT: Wm:- ~···Tai. a.a cu.... ~ °""'2 -s. !MIN S"t • .c ~ Jll 26 19$ =.:.=. MIC~ We !Jaw rmewm t.= rcpgrt emilicd '"Motts Rml Water Treaanem Plam. Spotsylwma County, VA. Pilot '!est Program .. as pxepaied Cy ~mm. 1'be report mamly discus:srs Uzc n=Us ma pilot test~. IDc. amductcd jbi" t.beiz' high .raz Aaifio c:Wfficariou prcc:::ss bc:iJ:g c:msidmd in tbc proposcdMatts Rml Wm:r Tn:ac:n=t.Plazit. h a resn1t of the :mew. ~ bave the followi=g =m=:its: l. A:ry amicipmrt szvmgs in di:mic:zl mm -imder ans mric are not likely. 2. A1thwgb ytm ~ mem:imzcd log~ for GWdia. a camplcte -er value ~crlaricm aftbe W'IP as designed will be reqnirai. Your mm design must mc:t U= sme md!:deai rqalzticms lmder Smf.lce Wart:r Tieatmcm RWe (SW"ra). (1) ~mas a7praspcllidmli i1 c::gucezued. me =re1aticm ~ pmide m.s am~ or ,mma is =t di:=t. Actaal mcm.tmmg a!the 'Ylablc ~mi Gardia c:mc=a:ations will be needed dmingthe d•m1111S1titicn pr:riocL 4. Ow:all. pedonn:w:: a! the pilot =t wss good. aDd we de mrt blaft l1lf objec::iom ro this procz:ss being ~ cam=t 'With otl1e:r-ciariiicatiOll proc=sses. JSD/plw Sinccrt!y, ep~· J. S. Dczai District &g:i.uc:er a;: SpgtSyivania Coimty Dqiazwt of Pablic WO?b {Brace Boyer} Spoaytvania Comny Be:alth Depa:nxim OWP-Ccmral o:\msw\718 ~ ,_.llJl,...61 W6WIMA TOTRL P.09 ' SEP-23-1996 10 :02 FROM GOBLE SAl'FSON TO ?622337 P.0? i • ~ Pennsylvania Department of Environmental Protection ' .. ~ Mr. Iac:k N. Waltery P .:£.. Company Enilneer 230 Chesmut Street MadviI1e. PA 16335-3481 Jlily %, 1.996 Comumm Pmyl'Y111ia Wa:er Company· Shenango Valley DMsion 665 South Dock Street Sharon, PA 16146-1835 (814) 332-6899 he (114) 332e6117 ~ RE: Ptellea:anent Pilot Study Proposal Consum~ P::mylvama Water Company - Shenango Y alley Divisian City of Sharon. Merce:-Ccwey Dear Mr. Vit'altcr: The Depait:mtut has l"CYiew.:d yaar comm=s, dab=! .hme 17, 1996? OJ1 me pilOt ~ repons. Based on the zepott3 and these additional commm, the Depena.cit apptoves the use of the Ac:tiflow process as an acceptable pre·treannent ~ess. H~er? the Department is still conc:ned over the fil1l:r pe:fbcmsnce regmdin& the removal of Giard.la-sized particles, G shewn in the pilot study reports m! addrmed in the prrtions revision letter dated June 3, 1996. The Depanmcm m:mnmcnds 1bat Ccmsrme:s pilot differ=t filter desi;m and chemical aids in the period of highest alga: commtiatiom (M&ust af September). u ~~ in J the pilot srudy. We beli~ that this will best protect Public Health mi ensure the c:hances of optimal performance once the new treatment plant p:s on.line. Please respond 1D this con=m within seven (7) days of the date on this letter. ..--· ....., ..... ,.. .. ' SEP-23-1996 10:03 FRCJ1 GOBLE SAMPSGI TO 7622337 p. 08 Mr.. Jack N. Waite. P .E. If ti:erc are my qaesdam er cummffll" m this appmval l~ co 11 r1rt either' Lacy Moussa. or Matthew Postlewaite at me above ieiepizone mzmbc. RJR/MDP/lsl a:: Kermeth W. Banmznn, Vice Presidm G=m.l Manager Gene c. Koomz p .E. Phil Smith tbra w~ Jones. Lucy Moussa Matmcw Postlewaite File ru C> I ll i CI (l . . l' - 1'1 1' " 1 ru ru lD l' -n ~ D I-~ I rl f[ ' I ~ D .. . , w H :: > 5 H Ul Ul H :E ~ LL . U) ru ~ · rl ~ rl rl I 1- lJ D a i! i ! ~1 1 1 1 p i "~ rr ~ if i ~ '' I ii i " u~ ~ ~ !i 111 l l :1 J lh fl ~~ i - "' U ;W R , ~1 : 1 1l l i ~1 fi ~ I ~~ ~ 1 • 1 f f ii · c i ~i - ~ -~ i j ~f ~i f i ~ - 1 B~ ] r ~ ~ ( ~ ~ I e ~ ~o S 3• ~ II ! . • ~ a. ! sr 1t ~ _ . .- .. • sa _ • ._ •• ·" . • aj J l l i ~l i s ' ~ i ! i~ i ~i i :~ i ~· · · ~i l f «~ l ~ i '~ f j J t i t . ~ ~ ~i l ~ I ~~ ~1 II . ii i i J i ~ f I ~ I __ il t ! t · , 1 ; 11 ii ~ l i ! ?t : 1 t f J ~ ; -~ 0 31 i 8 !f f ; • .. .. . ' • .. a .. ~ ~ ' fH VI "" " ~ r ~ ~ •f ~' t ~ !i J . Ii Ii ll 11 11 - t i R, f 1 ! ii j i '~ j nf • c t ,1 i ~ § l z J . ~· . ~ I ~ i! i 1l " J 1 1 I~ '- -fJ Jl tl -· !i i • i . !t ( l h i . i 1~ ~ 1 , li i & l l t ! -: : s : - !- < ~ ~ ,, II !! ll ~ ~ "1 1 ~ -n .. . IS i at .. . . ' SEP-23-1996 10:02 FROM GOBLE SAMPSON TO 7622337 P.06 SELECTED CYCLOFLOC REFERENCES ' ~ Name Country Start-up Capacity (MGD) Audun-Le-Tiche France 1970 1 Le Creusot France 1970 3 Brive France 1971 4 SDEBO, Toulouse France 1971 7 Saint-Brieuc France 1972 7 Saint .Barthlemy France 1973 8 Toulouse Clairfont France 1973 29 Rennes IV France 1974 20 Albe Tintoria Miroglio Italy 1975 5 Orleans I France 1976 16 Syndicat du Hurepoix France 19i6 5 Douai Reg:ie Renault France 1977 s Rennes V France 1978 10 Orleans France 1979 8 Turin Italy 1981 69 Montceau Les Mines France 1985 4 TungHsin Taiwan 1986 34 M~in 1 Turkey 1986 34 Rioracoii I, Ravenne I Italy 1987 27 Rioracoli I , Ravenne 2 Italy 1989 27 Bologna 2 Italy 1989 29 Col de Villeftanche France 1989 11 Mcrsin 2 Turkey 1991 69 Scillato Palmne Itaiy 1991 s Villeneuve s. Lot France 1992 44 Le Havre-Y port France 1995 7 5 19/B'PCT 013 '96 08:52R1 HIGH.ANOS P.HCl-1 l'£TRO AUSOol MA't'HARD . - Mmn. Olbartll , Wlrftll', A Holan. and IOCC of I>oG&iu County · Pap2 Ol:l. 1 t 1996 t. nc sk&isfon ID FA'Pl5 tfte ngrtftmr mnncccjqn ort11o ;arms:..• dw n "..,,,., wMb SS NO gf she 'Dp .. eMIM Ast, 3ipc; Jbm la M fimliDI tb• M Jl''d'm •ml,.. .. •ttnwfve n'•·· Secdan '<t) of die Dcputmonc of Truspailatiae Act. ., u.s.c. Sic. Jm, -ill paniacnt put: Polk:y Gil w., wildHfe and Wllldowl rcfupl, .. ld.n Ilka. (a) Jt ii dta policy of tlle United saata aovenunent tblt ipadal effmt *-Id he made CQ ll'CJWYI tbc nananl hmlr qi the S9MttY'lde end pyblic p nf apmflm hack. wtldlifc !lad nmfpwl m6a• wt htuodc •ICM. (c) n.e 4lc:crmry may approve 1 trwponation prognm or project nqutrlns tile use ... of pubtlcty owned Jllld of 1 paltlic JWk, reCrcadoe ma. or wUdlif• ad Wit.el fowl reftage of natimal. Sb, or 1ocal &ipifiancc. or land of an hlllDric lit8 of ftldoul, Slate, or local ~ tificance (a dllllnnirlld "1 die Jlcdcraa, State. or local otnda1t hlvfna Jarildle- don ovea · the ~ --. flfup, or 1lt1) only tf- (') ,...,., ii DQ •*" .. tM+'• '''PmtiXC Ip MAI,,,,, JIAd· ml f.!) tbe proaram ar project includes an poaible pltnnhta to mtnimbe 1lll'm to dlcl p:.llk, recrr.adoa area, wildlife and Wltlrtbwf refuge, or IU5fDrlc site rauBfn1 frolD lhe ..... (Emphuil ldda.l.) In Ebe iamnt we, Ult• llpnent of die Hip LIM c-a, u you know, is clilifdc tor hscJulion inro tbc Naticmal Roaister or Historic Placa. Thi Clllll IDCI bike p.a are allo~ per die J!.\, a JCCJHdoul amenity. The S.mrary of TrlMpaftldon, or Ilia clelcptee wtt1lial me Co1ouclo ~of Ttanl()OIUdon (Jnsumably Mr. W.,,..,,, mua find dW Ulere . i1 ng im•daM M4 fwjblc aJtanmixe so MDI !bet lMd. Time ii 10 IUCb ftadJna in die BA, and k ii ~ U I rnda af law, U I remit. ln fact. u my ~Umts ha\le poinecd out to ~• uflftcta11 fft\fOIYed widl drit project. dllre II at lcalt one prvda1c and feuihle allcmltive to tUJ1t1 tJlfl land, wllidl is fXlt to blaild die nonbcm spar It all. Da· bMrchan&e could he stuhhed off at C-470, so that only tile toutbenl portioa-- wllidl fs dte om ly put Wild ta\'CS HfpJlllCll Jtucb-wauld he bailt. Tbis aplfOft WU not eumined or av !ft mentioned in ttui EA. ~Sec. ~.O • 5.6. at 52-59. A1tbouP ~RA dll- cmw !low llarM may he miJlfmflCd to die cwl and bike pad!, 11 reqatred by ~ (2) of Sec. A(f) c.~ quorcd laapllJ• above), die uaminadan Into haw harm may be mltritnilal COD* only &!: : there is found to he mi prwlcnt and teadlla altmnadvc to Ulfq die land, It all. It ii nae 1 J&&bstiMa far dlat ·findin1. rn =:39t1d 1..££:2 29.L £0£:01 Of3In NO IS S iw :wo~~ .L 2 :ut 96 t t-1.J(J: In a dis=tlllicm J Md wtdl CWtill Eckblldt of CDOT *"'& tbe Sec. 4(f) ra(Uirement, u ..U as die rcquirementl of 1U Natianal EaviraD...a Policy Act (NEPA), I lelmed that CD0T 11 dilaVOWifli la)' I~ f'ot ~ projtc:t, aytaa dllt It ft DOI .... hails witb federal fUnds; llMl also tMt. became the Pedetll Htpway Admtnbanttma (PHW A) ii+saved Illa EA, CDOr . ii lblolvmi af'all r91PONfftility far it. I tlleidJl1 bl•• fm:luded Mt. O!bame of'dJe FHWA • u liddresMe of · hi prcsmt tcaer: howYll', I do rcpn1 COOT a sbarinC rapanlibilily for die proposed ldioa ll iauc t.n, u well. Fins. ~ WU, lllOll ~fy, built will ,.._. ftandll . n.e tnm thanp 111&1 McLeJlan Baulcvn arc a part of c .. 10. Tbll Mcl.dllD Baulevlrd is bcin1 ·trqmimtecr and ualyMd far •vt"1llllllfttl.I ftnplCfl u If it wra • llPUlfll pm.fec:t WOllNdld wit" C-470 ii problrmatic. Moraavcr, appma1dy COUll1y Um Raid it aim ID bo "llptradecl• to rour lwl; tlle illlpldl ...,,c:;llr)d widl tllit ftlaure c:aallnlCUon ~ afJo nat MP•ined ia CIW1 BA. ,,_ projects : -.y IOI leplly he llia1yzed _...ly ftom eaeft odler'. 1111 1lrp body of feden1 CL• I•• conswtna Sec. 4(f) (U well u NBPA) 1MJldl tbat ftapcntaUoa of prajadl Ill order ta mab ft applll' dlat die .wil'Oftmemal illplet of ell:ll partiall ...... Ible ii not sipiflant, gr rt· at federal &ndl arc not inYOl~ed, ft hnpennilllltlc. a.a., 'Drnan y, fpp•, 3'7 F. Supp. t:!O (D.N,H. 1972); peocrpt y E1nn. 415 P. Supp. 1276 (D. Neb.· 1976). Wkdler' ~ not rlderat flmds were apalded II flllmataial, bl any event, ll11ee COOT, apin u 111e a•epw cM the PHW A. 11n11t mu i-.e a P"'ftlt "' cleuwe for die lntschanp. 1'1111 action 11 11\d or 1t11lf COftSUll1fa a sutncimt ·1r1aer· ror th tppJfCldoft a1 !ecdon 4(t) u wen u NBP A and er 1lar mviroruncnral laws, u tbl !A admlta. TMI ls 1 •r.denJ ldkm, • . . 2. Wa bays te!A M eytdczg of 111f•lufyc dmnplnatfqna qi apejlJ fgr tlsi• med or tbtt mwtnu a& ncb •!a "rVnni"tjgns *"'"'de WI DmiwfJ wsw1, We chaf1qc die fl«fUil1 of tail 1llterdllDp llld l"Old, puticUJmiy die nonb1rn apur of II, wllidl wtJI nat .._ Hiahlandl Rwn and is t1adJ incacm-.t wttb po8det atltcllft& lbc ue of Caunty Une Raid wtUc:h b&• Ma 1 adopted by tile City of lJlllllDn. We bave m no documemadon of wbo or whal lllldl die detenninatJon t!w this road wu needed and dloulcl be built, ar of wbea dllt delermiaadoft o :cumd. 'nila tile Highlandl lbndl MICl'o l>lltl'tct 18 principle ..,..,ly may have autMrtty ti, d&urminc die lllld for Mil COftltnM:tiaft, " blve .-no indfcadan tbat sudl 1 dlanninatian was ever the Jllbject or a property nodcld public mcdin1 af the Mllll'O Di.net'• halrd of dirccton. I ncu that the nortJlem qtur is enlirefy aeagklo tlll MdrO District's hawldaria, so tbl& the nnu hetwccn tMa J'Jft'Ject and the J'raper teope oldie Dlltrict'1 hminea ii remote. We request documentadan hm ma District of its board's cletemttftlttoll of necessity for th!:' inian:ha •1• and Mcl..eJlan Baulevltd. facludfng apprnprUm molutiont. Ille notice _, affidavtt nf JtUt'llieatlon of nntice nf the llllldftl at wMch the polity was tdop'md, usd mfm•tet of tile rneating c f its hoard of dlftlC.'tml where dlf1 tcdon WU Ubn. Such I dttm minutan am. of coun1, have been th£ auhject of a properly natical pahllc meeuna. or II volcl pvmam to tbe Cokado Open Moadn11 Law, f~(I). C.1.1. (1996 Sapp.). · L[£2 29L £0£:01 · t-9S8-!6L-£:0£ Of3I~ NOISsrw:wo~~ L2=t-! '36 !!-lJO . Masi. Olboml:, Wll'Nlt, NcMan and BOCC ol I_,,.. County ..... Oct. 7' 1996 P.571084 For ia put, tbe S• Trwportldoll ~ -at NqUired. pm die abaadua ID till: SIMI bipway sywcem c:IUlld by die acw fatlrdaalp on C~'7D. to mllm I dtl 11tfnadon tlm till public idWClt m· ~will be.-. Tblfe lladd, apin. be a raaluUon llld miW lllowina such 11iproval. Sec. 43-l-D(2), C.R.S. rur-nt to me Opm l8Cords law, WC re- quest tJle approprtar. fllOlulkm, minuta, aadce1, IDd enatw•1r.pmtmdcpanuant1D 43-1· 201(1), C.R.S.) h)' tbe Conulriuion lllo he provided ua, • .-u m'O"b'y prw:detble. Tkrc must simil.wly be• der.crminadon hy tbl Dau1tu County llolrd of County Cammtamen lbl dliJ ICdon t!MI die flUblic inte1111 and coa¥entcncc from tbl Cauaty'1 srandpoint, SIC. 43- 2-112, C.ll.S., tpin made la accordaDm widl die Opal Meedftp ww. We similarly request, pursuant ro rJte 0pen Rlcordl Law, m. me loud of County Commlllianen pravim 111 an televat docw IUI tJlll it 1111 ID COlllplicd. Al to &11 lld dac\ltWll ,. 1:1 ~' from Clda flllldty to wind tJlit letm' ft iddnmod, WC leqaMI coplll he provided m tmmedilllJy, plMM. 3. AA liimclttC&UDtat tqart SPremn' l"ll IN" bg JIQ•ot rw .,, "*1· An cavirollmeatal ilBplCt atmmaat ii !Wluited tty law to he~ far •...p federal Idiom lipilicaady atf.:cling tbe quailiy at dtt ...... av1M11111111t .• '2 u.s.c. f4332(2){C). I. lJW ii 1 Ninr fMml 'S'km gplffqmty affsdq dM qyatjC)' qf tbc bgmen ajmnmcm, 11llt t!lil ii I •fednt' projKt bu already been dbc11llCI. As to wlW;tbcr tile ICtioft ii •majni·' and 'lipdftcandy affecta &.'le bWIWl envfmnmat. • die BA f1 defldeftt tor lKkinl my cri~m by whicb •agmfic:mt dfect• CID be pupd. It =-aim no buil cm wbich hnpacu c111 be .:valuamri. However, common sense .U. ~ dlll dlfs ii 1 llllJar" project wtaJdl ww11 apiflcatttl.f affect chi qutllty of tM luallllll en~trmunat: tlUI will be I diny, huy, noisy four·tw highway wbich Will dllCroy wedaftds, wildlife, llld wildlife llabiaat; tcrtaualy dlpadc lit quality, wUl ·r quality, and thl hauty of the c:oumrylide; and *' per:aawudy *1IClllla of bada biltDric m J r~tional liantt=nce wJUcb are UMd and loved by tltoM'llllllls of poopla. 11lc CE() GWdeltna f'or implelleltiftl NIPA. 36 Fed. 111. a m.~7729, raplirl dw die ICllUtmy cl 1usc •ma.tor Federal Ktlan1 alpiflaady ·affldfn1 cbl quality al me llmnan eavtnxnnent~ tu ~ by apacia •wim 1 vttw to dtc cmn!I, Cll1ftullri¥e i...,_ ot IM ICdon prupolCd C•wf qi fwthgr Ej• fi'D' .. Wd). ,Id. at • '(II). On paint is !'P«MD y Jim. IJ.llU, W1iel'e *8 4 . l·mile SU*b of rmd ill qtt'llioa (wtddl WU I recomaucdon of ID ldt.ing dirt hig'lway). WU deemed co he jurildJcdonal under NIPA, Nqldriftl Ill srs .... dae pllnl called for a modlficadon of die cMnnel of I ...... COllllNClian of I bridge, lftd COll- liderabte lfl'till I JDd tree t'lftlO'ra) ill I wooded Ira, ,,. ._ Wit lka 18 ICmic baut)' llld would bave bel1l 5lrtoully tmpalred by thD ~. Then wu also CYtdaa U... tt.e · project war.aid ll tve 111 adYenc etroct on die wildllfa in die aru wtaicb, hi tum, would ld\ielely alFa:t dsc tp&lly of dsc humlll environmcnt. The facil dla dn&l 119 'Vay linUJar ID tllD fldl here. £0:39t1d l£Z2 292.. Z0£:01 179£8-!6L-C0£ onrn NOrssrw:woa.:J s2:17r 96 n-no ~ ~ 0. . r- - lv " J 1' 1 ru ru •. D ,. . . . . . IV ) ~ D f-Ji 1£ I .. . . . . en r- - 1 IV ) IS ) IV ) D ~ H :: : : > i3 H (j ) (j ) H :E :E D 0: : LL m ru <T .. . . . . . ~ .. . . . . . .. . . . . . I g I ·1 1 1 : g ii t - ~ . (l l ~ 1 (l z • !! 11 Ji i • > •a . ;. f: 1r t . I ?' 't : 'i f ' :c - n· !l i! l l 11 ! ~ ll t i l •~ ~ i i r rl , 1 l l 1 1 ~ l 1 ~1 ~~ n~ > ·s . 1 s ~i d ti ! : : : : · i = F ll ! l 6 . G - ; i ! .. : r i• l' I f 11 i t ti ~~ j l i ii i t t i i i i 11 • . . 1 • r .r . I ~ -· 1 II r: g · ~ a I.~ 1· ! Ii i I . ;1 ~t i t ~ . !' ~ t h ! ~ i I s i . 11 ! ,~ J I~ 11 . -~ , t i ~ J . . i. J =1 - ~ H ! . .1 (I J ~ l ·1 i i: l ! f! ~z l fl I : -1 r; ! ~ ~l . ~ 1 - !f J~ I · ~1 f I ~8 ft r Ra ;I Ji :r l 1r 1 .. ~• t ~ ~ i 1t l ~ I I. 11 1 ~ 1 ~ 1 .. . . ! r ~} ~ I r ~! ~ . ~ Ji a 11 . 1= i l 1~ 1 1 r fm 5 1 · - s f I :· il I r . - ~ J II f ft . • I ' f5 ; r ' • ~ ,4 ~ , .. !l R ' .BJ ~ :r . ~ ~ ~ ~ ~ l! ~ I "t n .. ~ .. . . IS ) I Mean. Oabaral·, W-. & Malla . and IOCC of I>oqlll COU11C1 ,., . Oct 7, 19.96 Cl> ne 1amns wily a ·paupcwt m. -bl lacltlCI fft ar a«act tbl ... wcdlndl; (Ii) 1 dclc:ripdoa at lipificant . fW COlllidDnd iD llllldnl die dldman to locatt .ta or atrst dH ~ .•. Wlllandt ilcJudlna a1tlmadYI lita 11111 lldtael: ... (w) a clelcrlpdoa of dla mps takJ.n .to daip at modi~ die prapclld ICdon ro m8dmile _..,Ism to or writhm tb11 ••• ..,,,ndl; llld (v) • •telNlll indlmttnc how di: paCJP'*d ICdma aft'eaa dat 111t1nl or bcneftdal valuel of the . • • wcdands. Jd , It Appmdis A, Sec. 6(1)(6) (anphlli1 ldMd). We blYC nat Jca&ed tbc requfnld •sr.atm11mt al Plndiap • wll ictl mut he prepa'ld . helon thtl prujGCt •Y pnald. tadeed, dMn an m.ny ~ in dais Excaadve Order wlUdl hav1 not bMn ~will ill lie preleftt we. c. 1.Dlm WM iMytrld1ng guhllc nm'sc pf fbc ptanncst dmmaqjgn qC W'•n+. l1ecudve Ordl:t 11990 fta1tllr -= When it is 1PP11r:nt dlat a pac,olllll or pollndlf apncy Ktiaa it likdy ID illlplCt a ftoodplahl or wcdlnds, rM guhll5 "'nv'd be '""""' thrmO ...... DYllJls WM _,,,, .. Id. ll Appendix A, !ec. 6(2) (emplluil Mded). At ~ (4) of Part 6 of App:ndfx A, the type of public nolice requ!Nd la detailed: it involves diJipnt.,,... by-. 911wy (in this cue die PHWAl to aet tlJe _public involved . ~ C.F.1. Sec. ID.d (1-1-9"). n.n lbauJd be wnJ publtat ORS, dlnct malllnp-and, lllOll i111pun1111 in driJ cae, tillr• ahouJd be PD'finl of nocb on ancl off sita ii ~ .,.. when dlO Kdon is ta be tacmd. rr norieo of this project hid bccm paltld on die hike Jll!b, tJlis hi&ll•Y project waukl navcr bave proc:a:dat t.bia fir. and dlere woutd ha\ c bcaa 111911>' more thlll ftve people 11 die t.das .,.. na Mid. At ta tam llarha&. throe toticCI were publisbed ~ year1 110, hurled in lbe lepl ~ of die Din,,.. POii aa.l two ml dftl[Jlpet'A (nu time nnty 1a udl ~). No n1111dm wa lftlde fa dlose aocica of wed1nd1, ., mention w mlde nf Hip Une Cull, no mcadon wu -* of die bib parll. '"' DDtice Wll lfOW1 lmutftcilllt la lalann die public of whl& WU planned. d. lk.wtmnl!M!DSll 'PC"_., ii Qlf oC dft. The envt11J11menlll u 11 'IHWiilt wa pablidled in M1 1y 1991 , and die FNSI lauld in July 1992. It ii now October 1996, and many conditions have cbalpG. making the EA ahlOlell. Tb prapmDd llCtbl dllcumd la die EA is JIOt die same as dllt wldch wu dicuaed in the Uttletoft CJt) CO&dleiJ rwtifta Oft ~ 9. lect11• tba prq jed wtlicb ii now pluned bl naver tw anal1mcl, COllllrUcUoft of it cannot ao ~d . For eumpla, dl8'C ii naw plannld a r11llaftnllnt nf die Hip Lfnc CWI. Wlddl .Im newr .,... cleared with 1bc Siata HtMartc "'-'v.Uon Officer. u fl nqlUred by .. Nldonal Hlltoric Praen adcm Aa ol JW, 16 U.S.C . 1~70(1), and iM proc:edW'n for compliance witb that Ad_-' 36 C!.F.I. Pan IOO. Tiie SHPO ..... ..., "*I dial •tal mw of 14 COUODwood ..... Wfll he removec · lfurina ~tiOG . • nil ICltlmatt ii illConect. The $HPO must he notiftm t79S8-!6l-£0£ P.871087 about. and ..,. to, t11aa dpltlcant ..,,.. wtdch me occurred 1Pa s11e saw: 1111' +JWD'lll 1a tm. In lddiOJft, die EA -dllt •'No cpldll fldlnll, prapollll or blll a tlu 0 tmad• ocan ill die pr.Jjec:t sea. However, the lltrers fhlm daa U.S. Ffm aad WUdUta Slr\t6c:e 11111 Colorado Divisi.-o( Wildlife Nlicd on II tM Nlis for d1il candmiOll MR ....... in 1117, aiDe yan qo. Durifta the put 11Yml yean, die bald eqle, a tedenf lfseld speda. • beea a wimcr Yilitor and part-dmc raidcftt ol Md..cllan Relerroir. 111 dale prmhBity to dae pa~ iaterdllagc. In iddidon, durina that ntne yean many man Sla:icl llm: b8cw lf9d, or be- come candidaiet. for liltiq. Tbe Colando NIC&lrll Hlritap. Progrllft ............ a dM•tme of federal, st.Uc, arid apney .. lfltld species of canc:cm, which should he -cbed to ...,... tJle TAE !lpedes Jnlor111aJion. There 11 a pnuthtlity that die Ute lldJ'a tresm ardlid. Ptcblc'1jamph11 maasc, certain apc:cies of frop. lftd ocher dlrataled or endlnpred spx;ies. may be found ill dlil nan1 ... m.ee die)' a fv.I •fir...,. e. Ib&J•ni• ml111tjqn ia deftc:ieot The nofsl comoun and fmpect evahlltion dJd nat lftCluG& McLdbin RacMnr. 11Ua ram voir ls a dPlflcant body of. waw with IUflaUllding natlU'al arcu tJur mppurc 11111 pmyide Mbttlc far • v.n.ty of wtJdJife, tbe bald eqle, adtm' raprors, amt si1 nificant papulabs of waterfowl. Paelnda& ilnl** to tJris rmource mull he lllllJlld, ·and lt'I not. f .. Qmfict wid! SIQlkia of ACb« !pl_.. ... , Accorrting fD die EA, polkils of at lall two local pc:mlMDtl are directly concravened by tbil pn1p11td hiPWIY. Par aampl1, Daqlu ~· .• Muter Plan mset dllt County policy ti to: AccomaiodD IUJor powtll llld devek11J1M11t ntie •Irina fQ II'""' emt ,.,,,.,n jpiftHQS AP"' spa -et gbt "'UP' p'.l!ll!!IMt: &ncoan ie tbe development crl a •fe, offldmt. Ind r.lileic 11illlOOltldoft aetwort which acncs cl lC urlllll and natal .-of Daqlll COUftly, IKladift& RJlda.. 111a1 ll"llllil, .. ,..... and bM;Jcll W<l!l!C!!! (Emphasis added.) TM Cft)t ot t.ittfellalt Jiu • lftOlt tatcreldna policy: dllt •direct accem ro County Uno ll1 lid he hilbb< llmttad aid tlal& thn ht QQ Jou Witb ftpnpp Oft .County Liae Raad." (EmpJlllis added .) Given dllM policia die BA"• ~JUiian dJll dliJ projer:t ii •conmeet\t• wt1 h local and reafoaaS pin ii blar'r •. 1-££2 291-£0£:01 t79S8-!6L -£0£ Of3I~ NOISSiw:wo~~ 0£:!7! 96 !1-.lJO Mmrs. Olboma·, Warur, llld Nola • ..S Douatu OGll.'J 80CC Paae. Oct.'· 1906 must be odlcr midptlaa p1w far tMa pmjKt Mfort it Cl8 prac:im, lacWiaa plus far awlan · contrat. reveptdioa, ud noile. which we alto blva,,.,,. ... Tk m.ttfptioft pllnl fbr die Hip lJne CUI! lllelf, tbe hike pmdl, and .-Judt do not aist. Thae plw ....... in plKe, IDd 111U1t be tbl Rlbja::t af public bminp, hcforc dlil projtci CID 10 b werd. 4. The Ht1hlwnglt S-b Mctrp Qlm;t la mnserffnl db9N1 *!'PX gg1tmty. hi my apJftian, tbe 11:t1um of t.be Kl&tllandl Raadl Meao DilCl'tct n 1epny problematt~ far mvent flllQnl, I. A.Jiii grqmlfttp dfltf1;J ii yMUt"nrfmi :0 wig grmtal of I vl'1 1 'P tg qwlnMjt Ill un med. ~·c t.e !llmld that din wlll bl u.ft1cieftt •NDOUt• of McLllllft Boullvard it ill pr61)QMd :memcdon with County Une Rold. In view oftlle llllp (6S) clownhlJI lf'l.de of tJlis boulcvan l raward1 du: intersection . Fer that rwon, tM Hiplmda Rwll Mew Dlllrict will appucndy >e applyin1 for a vlriancc from Dauslu COUllly. The Wcty problem of luuf- fldcnt nanout ii ~ hy tbl nonJl.~q atpect at McUlllft ~. melftlnl Iba& icing will creatr· ldded dangers in die wtnteftime. lciq may Wiil be wane U.. mtabt odw· wile be upecte;J. pvcn die lllturltld cmldftfcn °' die all fn dlll .. and die ...... body of Wlla' CMcLelllll KearYair). The aitu. &tioa ii inben:sl&ly Wlllfe, dlerefuae-&Dd mete II, in dllt flc:t. I !lpl prahla · for &hie Hlpl&ai Is Ruch MCU'O Dtllrict. since r dD aot find aay fJOWtl' pueed to ft unds' die Special District Act to c:anmuct or enaer imo qreements for die camlnldla8 of an imP'OVllllllll knDwn from tb•~ ouim io be unsar., lit alone to !let 1 vartattee ft'Olll lllOlber JOVemment.al Bty (Douglla eaunt,) for JUI& dial l'lllOll. A IDlll'upotltan dlaaid's powr is, instead: (Jo erect and maintain, IA gmyjdtgl pray zrntes;tton ..W. tnmc IDd aim 'mtmlc _. dcwfw on._. and tqhwaya ... and tD _. iatD apczn•11&1 widl · ti 10 couaty or COddtl ta wMda • lllllmpOllflll dimict is situate or wttla ldjotniq caunticc, the state deplftllllnt of hialwaya. or railroad compaies far t!le eredian cf such safety controJ1 and dlvie11 8ltd for dte ~ of Ulldapum or c Ycrpu.ta 1t railnJld croutnpf .1 Sec. 32·1•1004J)(b), C.Jl.S .. (1917) (anpbalil added). b. J:iillllwle Jlancla Mcnp Qi*ict baa M..,.. to cnlc t9 F ..,....,,. with the c;~ end Qwnty gf pc:nycr to qm1gw;t • awd PYK I Sf P'L ne ...... quarail Jn die preceding puqnpa ii Hnritiftl far the Mctm Dieict for odlll' rtUOftl tllan ttae died hi<•). above. In tbo imtant caa an OWl1IUI II planned ov• mo Hf p Uu Canal, wllfdl is owned by die City and Count)' of l >oftver. Tbcre ii no audlal'ity for a mampolitu dlllrict to COftltNCt an ovq • 60=39t1d Of3I ~ NOISsrw:wo~~ ![:~! 96 !!-lJO' CMI' a Clftll-dle aadlority atmls only to milrmd aaaf!lp-ftGr ii dall9 ~ tD _. tnto • •l'eew:m wfdl die Cly llld County af Deftv•, aw Dmvl:r ii aat • ·~ C'Ollrlty·· ID Hiplladl Ranch. Althoup ddl l• Cir ii i.gdly, we felt it~ fD oatlille for all tn.-...1pattll1111 8ltUfe lftd deplft of OW' concems. As mould he appannt. we would be willin1 ID permit dMI Htpluds ltwh Metro Di•rrict to proc.d wim me roudlrm-Soinl pmttoa of 111e lfttll'dwaae, u 1oa1 11 tk plans ru com truct me ftOftllern cannecdon .,. pennwndy lbmldonod by all Plfties. u weH • die etua of Bqllwood and umcton. P1aJe c:anJicler t.Mt offer wiCb the ICriOusnots wida whtch it ii mid&. It Is, abviouaiy, llllde in a spirit of compmmt-. m MIMl llldftl tlUt nmacr to litiprion: sir ·~ n"C'CSW)' atucliei '-"' not heln made wMch permit-. project, u a whole. ra proceed., my 1u we WOllJd ftle to q COftltnlCtioD nt dla nonbem =-lair:don will MCN11rity ..., nap ~&edaa oldie IOUthem portion. ,.... be ·furtber ldvf.s dial. ta our mindl, tDere is na cltfrtrmce .,_,. daa '"lmapor11y caaacrucdoa f'Old• wbich is pllnncd to tbe nonll uf C-l'701 ud it.. ....mer. apur (McLellan Baulcvltd) lflCJ r. rr lbc MJUCDern..-S partion of die famdup · ia m be ball!.. odla' annpmaUI tha the ·wpor•y comauctloD ftJld" will wd to be m111c tD llllMSJe . tae conllNCdon trafltc. (We beJilvc C__.70 belf' fl ...... for tblt purpo1e. flowe\'CI".) We Jaak f~ar· I to hariq your fllPGllll to our COGC:enll md p1opoa1, and l'lqUllt you pleue dD l'ClllJUiid II a10ll II JQUfbie, Smc.nly, .... 0 ~,,.,.. '~ AUIUllMaJftll'd a:: t.any B.ftowta, Esq •• Ucdelae City AIOl"IMSY Daa llnstlnllll, Bsq., lllPwoocf CJty JS dlf 0t:39t;d !7'3S8-'t6L-£0£ Alt JO MEMORANDUM DATE: Sept.ember 10, 1996 REGARDING: Revocation of Water and Sewer Taps. Attached is Trent Johnson's research regarding revocation of water and sewer taps. It appears that granting a sewer tap may lead to a vested right in such a tap. I would not recommend contracting for sewer taps, even though such a contract may contain a revocation provision. Attachment CC : DB/nf StuFonda/ Nancy Reid Pri n ted o n Re 1..,c !eo ?aper.~- To: Dan Bro~ City Attorney From: Trent Johnson Re : Revocation of Water and Sewer Taps Date: 8/29/96 Issue Whether a water or sewer tap, once issued, can be retaken by the City. Brief Answer Probably Not. A city permit can provide the foundation for a vested right, and thus be protected from impairment by subsequent legislation, if the permit holder relies upon the permit. Analysis Water and sewer tap permits can provide a foundation for vested rights . ~ Investments, Inc y City ofWestrninster, 655 P.2d 1365, 1371 (Colo . 1982). The mere . issuance of the water and sewer taps will not serve as a representation that water and sewer service will be available indefinitely without the permit holder taking steps in reliance upon the permit. Id.. The issuance of the permits without reliance can only vest the right to the actual physical taps themselves . Id, at 1372 . In P-W Investments, the court found that the completion of some preliminary improvements on the second phase of a construction project did not create a vested right to water and sewer services free of restrictions imposed by subsequent legislation . Id. at 1372. In contrast, the court in Town ofEstes Parle v Mills, 100 Colo . 94, 65 P.2d 1086, 1088 (Colo. ·1937) found that the town could not grant the right to use the town's sewer system in perpetuity. The town could permit the use of the excess capacity of the sewer system if the use was of a limited duration. Town of Estes Park v MUJs, 100 Colo. 94, 65 P.2d 1086, °1089 (Colo . ·1937). Further, other jurisdictions have held that the grant of a sewer tap cannot grant a vested right in the use of a sewer system. Ericksen v City of Sioux Falls, 70 S.0. 40, ·14 N .W.id 89 (S.D . ·1944). The court held that the supervision and regulation of the sewers is a police function of the city and the city must retain control over the sewers in order to meet public needs. Id at 95 . Further, the court beld that no one has any vested rights in the use of the sewers, nor can the city grant such vested rights. Id. Conclusion Although Colorado courts have not specifically addressed whether water and sewer taps represent property rights possessed by the holder of such taps, it appears that the holder may possess vested rights in those taps that may be protected . However, an argument can be made that a city must possess the power to terminate the use of a water or sewer tap to protect the interests of the city and the residents residing within the city . October 2, 1996 Mr. Doug Clark City Manager City of Englewood 3400 S . Elati Englewood, CO 80110 Dear Doug: Al(. II CITY OF GOLDEN -A I just finished reading the Amicus Brief filed by the City of Englewood, the City of Aurora, and the City of Greeley on behalf of the City of Golden. With so many cities and water districts ganging up on us, we are very thankful for your support. As your attorneys argued so well, if Golden loses this case, there will be "uncertainty and chaos" for all water rights holders in the State of Colorado. Thank you for the support of the City of Englewood. I am distributing your attorney's excellent Brief to my City Council as I know they will also be grateful for your support. Thank you. Michael C . Bestor City Manager MCB/ac cc : Golden City Council 47.A(~,, lo'ftfl~~ ============= 911 TENTH STREET, GOLDEN, COLORADO 80401 (303) 384-8000 MARCL4 M. HUGHES, P.C Altornq""" ~at Law MEMORANDUM To: Wild and Scenic Task Force From: Marcia M. Hughes , Legal Counsel Re: Upcoming Task Force Meeting -2:00 p.m., November 7, 1996 Consolidated Mutual Date: October 29, 1996 Tom Griswold has called a Wild and Scenic Rivers Task Force meeting for 2:00 p.m. on Thursday , November 7, 1996 . The meeting will be held at Consolidated Mutual Water Company at 12700 W. 27th Avenue in Lakewood. Please let Paula Standen (347-0017) know if you will not be able to attend . We strongly encourage your attendance as we are moving forward to the next level of important decision making in this effort. The attached letter from Rick Cables to Tom Griswold responds to a letter Tom sent to the Forest Service asking the Forest Service to pay more attention to Alternative H. As you will see from the third paragraph of the Forest Service letter, the Forest Service does state that it strongly supports efforts of local governments to work together with state and federal agencies and that they "can provide technical assistance and support to a limited extent" if the local governments will take steps to move forward in development of Alternative H. The focus of the November 7th meeting will be to plan a specific strategy to respond to this invitation from the Forest Service. Questions include: what specifically local governments might be able to offer to help support protection of the South Platte ; when such offers should be made; and which group should have representatives in these type of meetings with the Forest Service -should it include land owners, citizen groups, others? The Task Force will again review the legislation adopted for the Arkansas River in creating its citizen's task force to consider the possibility of proposing a similar legislative and cooperative effort for the part of the South Platte under consideration. The Denver Water Department has also recently highlighted the significant concerns raised due to the fire and the flood which occurred this last summer . Those and other concerns are addressed in the DWD letter from Patty Wells , which is also attached. 390 Union Boulevard. Suite 415, Lakewood, CO 80118-1556 (303) 980-8893 FAX (303) 980-9551 Urµted States Department or .&la"icul.ture Forest Service Pike and San Isabel RFs Comanche and Cimarron BGs 1920 Valley Dr. Pueblo. CO 81008-1797 Beply .to: 1920/2350 Mr. Tom Griswold Suburban Water Suooliers Wild and Scenic Task Force 609 W. Littleton Boulevard. Suite 101 Littleton, CO 80120 Dear Tom: Date: Sectember 26, 1996 This is in resoonse to your letter dated Awnist 30, concernin~ the status of the South Platte Wild and Scenic River Study and the meeti.Iul that took olace earlier last month. In your letter you reouested another meetin~ to "discuss soecific items which local ~overnments could contribute to this orocess so the Forest Service can include details to Alternative H in the DEIS." As we discussed, the cublic comment oeriod for the DEIS is closed, therefore it would be inaocrooriate to arrarute such a meetin~ at this time. In followin~ the NEPA crocess, incut from interested cublics was solicited throu~h May of this year. UtilizinJ:l: that information, we are in the f:inal sta~es of analyzinJ:l: alternatives and crecar:inJ:l: the DEIS, which is exoected to be released by January, 1997. Once the DEIS has been released we will be in a better oosition to meet and discuss your crocosal further. We stroru;:ly suooort the efforts of the local ~overnments to work to~ether with both state and federal aJ:l:encies in manaJ:l;ement of the South Platte River system. We are very interested in your desire to develop a viable alternative to Wild and Scenic River desiJ2:0ation. Any of several models, such as the Habitat Partnershio Pro~ram, could be emoloyed to suooort this endeavor. Thow:i:h we can orovide technical assistance and suooort to a limited extent, in accordance with our oresent re~ulations we cannot be the lead for such an effort. Marsha Kearney would be oleased to discuss this further with you at any time. Tom, I really aooreciate your williD.J2:Dess to oursue solutions with us and I enjoyed meetinJ:l: :vou. Sincerely, /2h_ j)_ ~ D. CABLES Forest Suoervi.sor Caring for the Land and Serving People FS-6200-28 (7-82) DENVER \IVATfR tbOO \\'est 12th Awcnue • Oenwtt, Color;ido 8025~ Phone IJOJI &:ZD-lM<•O • Fa (JOJI &28·"4i8 Le-Ji Oi\'i~on. P;itrid.:i L. Wells. Ceneroil Cuun~l!I October 21, 1996 Rick D. Cables Forest Supervisor U. S. Forest Service 1920 Valley Drive Pueblo, Colorado 81 008-1 797 -. Re: Potential Wild and Scenic Designation of the Mainstem and North Fork of the South Platte River Dear Mr. Cables: In light of recent operational responses resulting from the Buffalo Creek fire and flooding, the Board of Water Commissioners has requested that I write to you to clarify Denver Water's position on the potential designation of the mainstem and North Fork of the s·outh Platte River. Denver Water's concerns remain the same as expressed in our comments submitted as part of the NEPA process: the operational flexibility essential to providing municipal water supply from the river; and preservation of our property interests in both water rights and the 1931 right-of-way. This summer's fire and flood have served to highlight our concerns. In May of this year Colorado's Front Range experienced a devastating forest fire in the Buffalo Creek area of jefferson County. The fire denuded approximately 12,000 acres (19 square miles} of forest land in the Buffalo and Spring Creek watersheds. These two watersheds feed both the North Fork and the mainstem of the South Platte River. The North Fork and the mainstem carry about three-fourths of the water that Denver supplies to its one million customers. After the fire we began more extensive water quality monitoring in anticipation of greater levels of turbidity. During the month of June heavy rains did produce higher levels of suspended solids, so we were forced to increase greatly the amounts of both alum and chlorine used in our Foothills treatment plant. The real brunt of the Buffalo Creek fire, however, came later. On July 12, 1996, the Buffalo Creek area experienced a hundred-year flood ~--------------CONSERVE---------------- ' Rick D. Cables October 21 , 1 996 Page 2 event, resulting in an enormous amount of trash, debris and sediment being carried down the river and into Strontia Springs Reservoir. In addition to untold amounts of silt and ash being deposited on the bottom of the reservoir, the flood left twelve acres of debris floating on the surface. Strontia Springs is a diversion dam and reservoir which regulates and delivers 75% of the water supplied by Denver Water and a significant portion of the water supplied by the City of Aurora. The debris and sediment deposited in Strontia Springs posed the most serious operational problem ever confronted by Denver Water. Cleanup of the floating debris required two months of intensive labor at a cost of nearly SS00,000. In order to manipulate the debris and remove it from the reserioir, the water level had to be raised and lowered significantly, at irregular intervals, approximately ten times. This cleanup operation at Strontia Springs had impacts on both the North Fork and the mainstem of the South Platte. In order to raise and lower the reservoir, flows from the Roberts Tunnel down the North Fork were repeatedly started up and then reduced, and flows from Cheesman Reservoir on the mainstem were similarly fluctuated. This operation cleared the floating debris from Strontia Springs Reservoir, but did not affect the sediment already deposited in the reservoir or the long term impact of the Buffalo Creek fire and flood upon the operation of the river. The long term impact upon the river is a serious and significant problem for Denver Water's ongoing operations. The hundreds of stream beds in the Buffalo and Spring Creek drainages hold millions of cubic yards of sediments that, over time, will move down the river into Strontia Springs. Final solutions to the sedimentation problem have not been determined, but possible solutions would likely impact both forks of the South Platte River and include construction of sediment traps and dredging both the river and the reservoir. Flows must be closely regulated, and may fluctuate significantly to accommodate the maintenance effort. Beyond the flood's aftermath, future "normal" operation of the river will be dictated by the rising consumption and maintenance needs of the water supply system. The continuation of water supply for the majority of the metropolitan area will increasingly depend upon the operation of the South Platte River as a raw water . supply and diversion system. The possibility of Forest Service designation of the South Platte as wild and scenic under federal law poses inherent conflicts with this critical operational and water supply need. It is imperative that Denver Water be able to maintain the flexibility necessary to respond to predicaments such as the Buffalo Creek fire and flood, and to operate our · ' . .. . Rick 0. Clbles October 21 . 1 996 Page J system on a day to day basis. We are extremely concerned that federalizing the river will impede our ability to do so, and have not thus far been informed about exactly what federalization would mean to our operation of the river. Throughout the operational exigencies of the summer of 1 996, Denver Water responded with sensitivity to the fisheries, recreation and aesthetics of the South Platte, while meeting municipal water demands. The South Platte and North Fork are heavily controlled and artificially supplied waterways that serve as critical conduits for the Denver metropolitan area and must be operated with a high degree of flexibility to meet water supply needs. Such flexibility can best be provided by an alternative that does not require federal designation under the Wild and Scenic Rivers Act. In the long run, such an alternative to federal designation will likely provide the most suitable management for the outstanding values identified by the Forest Service in its study. Regarding the 1 931 right-of-way and Denver's absolute and conditional water rights, the Board considers these to be vested property rights, entitled to compensation if the relevant segments of the river are designated. Because wild and scenic designation of those segments of the river per' se prohibits the use of our water rights, such designation would constitute a taking compensable under the Fifth Amendment to the U.S. Constitution. The Wild and Scenic Rivers Act specifically addresses this question, providing that "any taking by the United States of a water right which is vested under either State or Federal law at the time such river is included in the national wild and scenic rivers system shall entitle the owner thereof to just compensation." 16 U.S.C. § 1 284(b). The Board believes that these property interests are important assets, which the Board acquired years ago and has diligently protected. If the use of these assets is prohibited by the federal government through designation, then compensation is necessary. Congress intended the Wild and Scenic Rivers Act to encourage a cooperative effort among federal, state and local governments in implementing the provisions of the Act. For this reason, the Act provides that the federal government cannot condemn property which is otherwise protected by local zoning ordinances (16 U.S.C. §1277(c)(l 974); recognizes State authority with respect to fish and wildlife (16 U.S.C. § 1284(a)) and water rights (16 U.S.C. § l 284(b)); and encourages cooperative agreements with state and local governments in order to implement the Act (16 U.S.C. § 1 281 (e)). Federal designation of the South Platte River, which is more a conduit for local water supply than a free flowing river, would federalize management of the river, in direct contravention of this Congressional intent. ' , ., . . . . . . Rick D. Cables October 21 , 1996 Page 4 We have proposed alternatives to federal designation of the river which would protect its outstandingly remarkable values while leaving intact Denver's 1931 right-of-way, our water rights, and the flexibility to operate the river as necessary to supply water to our customers. It is our understanding that Alternative H, which indudes several options to protect outstanding values without federal designation, is still under consideration in the Draft Environmental Impact Statement process. We encourage you to give full and fair consideration to Alternative H and to . select it as the preferred alternative. As always, we remain willing to work with you on alternative solutions, and to provide any additional informatfon. Sincerely, (} dntuc 'tdlih Patricia L Wells . General Counsel cc : Colorado Congressional Delegation Governor Roy Romer Metropolitan Water Providers .. NOV-05-96 TUE 15:48 CHRISMAN BYNUM & JOH~SON FAX NO. 303 449 5426 P. 01 /04 CHRISMAN BYNUM & JOHNSON CMNiMA.'\ JT!'IUM <t )OltN)lJ'°" Y.\;. 1Ufl'l-IQO;E :!03 .444 .4820 ~n'Ol\."lffi ANO WU.~.wllli AT LAW FliCSl.Wl.E l 0l .~9.S42G TO: Mark Pifher 1-719-632-5452 Bill Dohlender 1-970-356-9633 John Dingess 779-3662 Doug Kemper 739-7491 Ed Pokorney 628-6852 Sarah Duncan 628-6349 Casey Funk 628--0478 Joe Tom Wood 526-2624 Stu fonda 762-2337 Bennett Raley 832-4465 Mark Wagner 296-2388 Rick McLoud 791-3290 FAX: Sec abuv~ FROM: David G . Hill DATE : November 5 , 1996 RE? Legislation 1'l00 RFTUNT!i ST1lm llUlllDER, COLOMOO i!OlO~ FAX COVER SHEET TOTAL NUMBER OF PAGES INCLUDING THIS ONE : 4 ORIGINAL TO FOLLOW BY MAIL : YES NO ..X. If you do not receive all pages , please call (303) 546-1300 immediately. Our fax number is (303) 449-5426 . LONG DISTANCE CALL: YES NU _x_ CB&J FILE NUMBER: COMMENTS: CONFIDENTIALITY NOTICE: The information contained in this fac:similc message is attorney privileged and confidential infonnarion. It is intended only for Che use of the individual or entity named above . If you are not the intended recipient, or the person responsible for delivering it to lhe iutendcd rncipient, you are notified that any disclosure, copying. distribution or use of thi,; communication is strictly prohibited . If you have received this communication in etro1-, plea:sc notify us immediately by telephone and return the original message co us at the ahnve address via the U.S . Postal Service. Thank y ou . H:\WC2\WCU:WOOIGOLl>.EN1 l l·JPAXL.PI\(; NOV-05-96 TUE 15:48 CHRISMAN BYNUM & JOH~SON FAX NO. 303 449 5426 P. 02/04 CHRISMAN BYNUM & JOHNSON MEMORANDUM TO: Distribution List FROM: vave HilJ VAT.E: November 5, J 996 RE; Change Decree Statult: Dear Ladies and Gentlemen, Ry accompanying fax you will find the latest proposed version of the change decree statute. Your comments to me or to Jack Gr.tvc:; will be appreciated. I will be out of the office. but available by phone or fax, November 8 through 19, and Novemher 26 through 30 . I suggest a meeting of interested parties, which could be held in conjwiction with a CWC subcommittee meeting, dunng the period November 20 through 25. I will leave it to Mark Pifher to try to set up such a meeting. My secretary, is Pat Gabel, 546 1368. She can usually r~\:h me. My cell phone is 489 5775, and my motel phone is (316) 767 6828. Those of you who wish to suggest revisions to the draft should be sure lu f amili<trUe yourselves with Article II, Section 11 of the Colorado Constitution. which forbids retrospective legislation , and the cnse law interpreting that provision. I have tried to draft around that provision, which prohibits statutes wluch change the substantive law applicable to any ongoing litigation, or which change the effect of a previously-mtered judgement. It also prohibits uewly-adoplc<l :;lalulc:s of limitation which cut off previously-existing causes of action. However. it allows changes which are clarifying, pertain only to ch::mges of remedies, are merely procedural, or which impose only reasonable restraints upon the exercise of a water right. I have tried to draft to stay within those parameters. I have made Gknn Purak. aware of the latest draft, which is proposed to contain a cutoff date which might limit the applicability of the ~tatute to the ongoing Golden case . Glenn was of course terrib ly disappointed. I tried to cApl11in Lo him Lhc difficulties of changing the substantive law applicable to ongoing litigation, and I have tried to phra.<:e the draft so as to limit its impact on the Golden cnse. As you all no doubt know by now, in Thornton's northern case , the re-vegetation statute, which was adopted subsequent to Thornton 's filing , was held to be merely clarifying, and not to indicate that the prior law precluded a re-vegetation ~um.litiun. I have tried to work with that case in the draftmanship. David G. Hill NOV-05-96 TUE 15:49 CHRISMAN BYNUM & JOH~SON FAX NO. 303 449 5426 P. 03/04 AN ACT CONCERNTNG DECREES FOR CHANGE OF WATER RIGHTS Be it enacted by the General Assembly of the State of Cnlorado: Chapter 37, Article 92, Colorado Revised Statutes is amended by the addition of Section 307, to read as follows: 37-902-307 INTERPRETATION OF CHANGE DECREES. (1) For purposes of Lhis Section, the following definitions shall apply: (a) The term "change decree" means a decree for a change of a water right under t:he Wat:er Rights Determination and Administration Act of 1969, or a decree for a change of point of diversion or change of point of storage of a water right (or any other change) under any prior statute concerning water rights. (b) The term "water right" means a water right, or ~ portion of a water right, whi.di was absolute at the time of entry of a change decree for that water right. (2) Interoretation of Chcmoe Decrees to Include a Findino of No In1ury; Effect of Sue~ Findings (a} All change decrees slldll be interpreted to include a finding that the permitted change may be accomplished without injury tn the water ri~hts of others, subject only to compliance with euch express terms, conditions dml limitations as may be imposed by the change decree (a finding of no injury) . The absence of any express terms, cond;_tions. or limitations from the change decree shall not change the foregoing required interpretation. (b) A finding of no injury shall be interpreted to include a finding that there will be no injury to the water rights of others from expan.sio.n of the historic use of the water right if it is used in the manner permitted by the change decree (subject. t.o compliance with the express terms, conditions or limitation3 in the change decree (if any) . That f.inding is res judicat:.a as to all issues concerning any expansion of historic use resulting from use of the water right as permitted by the change decree . It ehall bar aasertion3 concerning any expansion of Lht:! historic use of the water right which is purportedly allowed by the change decree, made by any person or entity whatso9ver. (3) Interpretation of Change Decrees to Include Imolied Terms. Conditions. or Limitat.ions Concerning Historic Use. Change decrees shall not be interpreted to include implied limitations, te:L:m~ or conditions which limit use or the water right atter the change decree to the historic use of the water right which was made prior to the change decree. (4 ) Construction ot Decrees Whos~_Express Terms Are Clearly Ambiguous . Nothj_ng in this Section shall preclude the construction of ~ chanse decree the cxprC33 term~ of which ctrc the(n;:,1:::1 vt:::::s clearly a.mlJlguous. However, the absence from a change decree of llf05/96 NOV-05-96 TUE 15:49 CHRISMAN BYNUM & JOHNSON ~ ' FAX NO. 303 449 5426 P. 04/04 express terms or condition~ or. limitations concerning or precluding expansion of historic uce ohall not be deemed to be an ambiguity allowing Lhe interpret:at:ion of the change decree, nor shall the absence ot such express tenns, conditions or limitations allow the imposition of any express version of any alleged implied term, condition or limitation concerning hisr.oric use. (5) No Effect Upon Rights and Obligations During Periods When Reconsideration is Permitted. This Section shall have no effect: upon any proceeding for reconsideration of the question of injury to the v9sted rights of others brought pursuant to, and within the time allowed by, Section 37-92-304(6), C.R.S. (6) Clarifying, Limiting and Remedial Effect; Retrospectivity. This Section is intended Lo advance the public interest by the clarification of the interpretation of change decrees, and the application of res judicata to them, so as to eliminate serious uncertainties and controversies; to impose reasonable limit:at:ions upon the ability to enhance the use of one's water rights by attacking the change decrees of other water users; ~nd to impose reasonable limitations upon remedies for asserted expansions of use permitted by previously-entered change decrees. In order to eliminate incentives for the commencement of litigation seeking interpretation of change decrees shortly prior to the effective date of this section, it shall apply to all actions filed subsequent to November __ , 1996, in which there has not been a final judgement, which ia not 5ubject to appeal, which was entered prior to the effective date of this section. However, no inference is intended that the law prior to adoption of this Section was at variance with this Section. (7) Severabilitv. If any part of this Section is ruled to be invalid, the remaining portions shall nevertheless remain in effect. If Lhe provisions of this Section rendering it retrospective in effect are ruled to be invalid in any respect, then as to such invalid respect this Section shall have prospective effect. The ~eneral assembly hereby finds, determines, and declares that this act i3 necessary for the immediate preservation of the public peace, health, and safety. November 5 version 2 11105196 ........... City of Englewood OFFICE OF THE CITY MANAGER Douglas A. Clark, City Manager November 12, 1996 The World Bank Walter Stottman, Water and Sanitation Advisor Infrastructure and Energy Technical Department 1818 H Street, N. W. Washington, D. C. 20433 Dear Sir/Madam: 3400 South Elati Street Englewood, Colorado 80110-2304 Phone (303) 762-2310 FAX (303) 762-2408 E-mail : info@ci.englewood.co .us In the interest of international cooperation, the City of Englewood, Colorado, at the request of the United States Environmental Protection Agency has been sending a City of Englewood employee to the City of Nizhnii Tagel, in Russia in order to assist them in establishing a working infrastructure. This employee, Don Coatman, an employee of the Englewood Water Treatment Plant, has been assisting the personnel at the Nizhnii Tagel Water Plant in upgrading their Plant and bringing modem technology and treatment processes to the Russian water plant. He has assisted in an evaluation of the existing plant and precipitated in the recommendation process for upgrading the plant so it will produce potable drinking water for the City. He has also helped stock the lab facilities at the plant so proper water tests and monitoring can be done. Mr. Coatman is currently investigating what materials and equipment will be needed to install a modem disinfection process at the Nizhnii Tagel plant and intends to be there to assist in the installation of the process in the spring or early summer, 1997 . According to Mr. Coatman, a lot more work and material will be required to bring the Nizhnii Tagel Water Plant into the modem era. The United States EPA and Mr. Coatman have established what will be needed to bring about these goals. Now a loan must be established to make this a reality . Page2 The Work Bank November 12, 1996 ..• -"' - With this in mind , the City of Englewood, Colorado, is endorsing the request of the City of Nizhnii Tagel for a loan for the purpose of bringing safe potable drinking water to the citizens of Nizhnii Tagel and ending years of boiling water before it can be consumed. It is the feeling of the City of Englewood that Nizhnii Tagel has demonstrated a bonified desire to upgrade their water system and a real cooperation of their citizenship is backing this project. By granting this loan you will be doing a great service to the citizens of Nizhnii Tagel and will establish a model of what can be done through international cooperation to other cities in Russia and the world.