HomeMy WebLinkAbout1996-01-09 WSB AGENDA,
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AGENDA
ENGLEWOOD WATER AND SEWER BOARD
JANUARY 9, 1996
5:00 P.M.
CONFERENCE ROOM A
MINUTES OF THE DECEMBER 12, 1995 MEETING. (ATT.
GUEST: ED ALLEN -SPRINT TELECOMMUNICATION.
MCLELLAN I C-470 INTERCHANGE PROJECT. (ATT.
LETTER AND MEMORANDUM OF UNDERSTANDING
FROM JEFF CASE. (ATT. 3)
CITY DITCH STRUCTURES. (ATT. 4)
LETTER FROM WASTE MANAGEMENT DATED DEC. 12,
(ATT. 5)
PARTICIPATION AGREEMENT FOR THE SOUTH PLATTE
WILD AND SCENIC RIVER REVIEW. (ATT. 6)
CULTURAL AFFAIRS COMMISSION. (ATT. 7)
2)
1995 .
1)
8. INFORMATIONAL ITEMS:
~FROM LANDMARK RECLAMATION, INC.
"BIO CHANNEL IS CLEANING UP!" (ATT. 8)
J FROM KRUGER -ACTIFLO PROCESS FOR DRINKING
WATER. (ATT. 9)
J FROM LITTLETON/ENGLEWOOD WASTEWATER TREATMENT
PLANT -FACT SHEET ON BENEFICIAL USE FARM SITE.
(ATT. 10)
9. OTHER.
,
WATER AND SEWER BOARD
MINUTES
DECEMBER 12, 1995
The meeting was called to order at 5:35 p.m.
Vice-Chairwoman Neumann declared a quorum present.
Members present:
Members absent:
Also present:
Habenicht, Burns, Neumann,
Otis, Resley, Vobejda, Wiggins
Fullerton, Lay
Doug Clark, City Manager
Dan Brotzman, city Attorney
1. MINUTES OF THE NOVEMBER 14, 1995 MEETING.
The Englewood Water and Sewer Board Minutes from the
November 14, 1995 meeting were approved as written.
Mr. Vobejda moved;
Mr. Otis seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To approve the November 12,
1995 Meeting Minutes as
written.
Habenicht, Burns, Neumann,
Otis, Resley, Vobejda, Wiggins
None
Fullerton, Lay
' 2. BI-CITY FARM LAND PURCHASE.
Dennis Stowe reviewed the proposed Englewood/Littleton farm
land purchase for $1.8 million. Discussion ensued
discussing funding and properties of the site that make it
appropriate for biosolids recycling.
Mr. Wiggins moved;
Mr. Otis seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To recommend the farm land
purchase to the Englewood
City Council.
Habenicht, Burns, Neumann,
Otis, Resley, Vobejda, Wiggins
None
Fullerton, Lay
3. LICENSE AGREEMENT -TCI CABLEVISION.
The Board received a request from TCI Cablevision of Florida
to cross the City Ditch at approximately the north side of
Mineral and west of Santa Fe with a CATV line. Bill Vobejda
noted a correction necessary in the legal description.
Mr. Vobejda moved;
Mr. Wiggins seconded:
Ayes:
Nays:
Members absent:
Motion carried.
4. C-470 / HIGHLANDS RANCH.
To approve the License
Agreement with TCI Cablevision
with the legal description
correction.
Habenicht, Burns, Neumann,
Otis, Resley, Vobejda, Wiggins
None
Fullerton, Lay
Dennis presented a map explaining the proposed roadway and
bike path revisions. No motion was made.
'
5. INFORMATIONAL ITEMS:
The Board received the following information items:
November, 1995 "Water .Intelligence Monthly" and a proposed
Bill from Senator Blickensderfer titled "To Condemn the
Property of Other Governmental Entities."
The meeting adjourned at 6:15 p.m.
The next Water and Sewer Board meeting will be January 9,
1995 at 5:00 p.m. in Conference Room A.
Respectfully submitted,
Cathy Burrage
Recording Secretary
A TT. 2
,
McLELLAN/C-470 INTERCHANGE PROJECT
Agenda
I. Highlands Ranch Overview
II. Community Planning
III. Interchange Chronology
IV. Englewood Involvement in Interchange
1
HIGHLANDS RANCH OVERVIEW
• History of Development
• Organizations Involved with Community
Mission Viejo Company
Master Developer and Planner
Highlands Ranch Community Association
Homeowners Association
Douglas County
Roadway Maintenance
Centennial Water and Sanitation District
Water and Sewer Services
Highlands Ranch Metropolitan Districts
Five Separate Districts
Roadway Construction
Parks, Trails, and Open Space
Fire Protection
' · COMMUNITY PLANNING
Englewood Property -Chronology
• 1930 Englewood has 189 acres of
agriculturally zoned land left after
construction of McLellan Reservoir
• 1979 Highlands Ranch is purchased and
zoned by Mission Viejo Company
• 1984 C4 70 is constructed across
Englewood property
• 1985 McLellan/C4 70 Interchange
Feasibility Study initiated
• 1988 Englewood property is rezoned
commercial/industrial as part of
Highlands Ranch 1988 rezoning
• 1991 Englewood property is included in
Highlands Ranch Metropolitan
District No. 3
COMMUNITY PLANNING
McLellan/C470 Interchange -Project Planning
• 1991 Environmental Assessment completed
• 1992 CDOT /FHW A approvals completed
Finding Of No Significant Impact
Five year "shelf life"
' HIGHLANDS RANCH
METROPOLITAN DISTRICTS
McLellan/C470 Interchange -Design/Construction
• 1994 Conceptual design completed
• 1995 Preliminary design completed
Interchange layout approved
Included in 1995-1997
Transportation Improvements
Plan
Right-of-way boundaries defined
• 1996 Final design completed
CDOT final review in May
ROW conveyance in June
Begin construction in September
• 1997 Construction completed
' ENGLEWOOD
McLellan/C470 Interchange -Englewood Involvement
• Highlands Ranch Metropolitan District agreed to
construct interchange
($9 Million)
• Englewood agreed to dedicate ROW
(Approximately 22 acres)
• Englewood/Highlands Ranch Metropolitan Districts
cooperative efforts/implementation
License Agreement for access
Highline Canal realignment "property swap"
Finalize draft Memorandum of Understanding
' ~··'l -------~~,c ______ _
HIGHIANDS RANCH
METROPOLITAN DISTRICTS
December 6, 1995
Mr. Stu Fonda
Utilities Director
City of Englewood
3400 South Elati Street
Englewood, CO 80110
RE: C470/Mcl..ellan Interchange
Dear Stu:
A TT. 3
As you are aware, the Highlands Ranch Metropolitan District No. 3 is proceeding with the
design and approval for the construction of a highway interchange on C-470 just south of
McLellan Reservoir. This interchange also involves the construction of Highlands Ranch
Boulevard from County Line Road to Plaza Drive. The City of Englewood owns parcels of land
north and south of C-4 70 and the construction of this interchange will involve Englewood
dedicating right-of-way to the Colorado Department of Transportation (COOT).
The District has completed its preliminary design and is preparing to submit this design to
COOT for a Field Inspection Review (FIR), a process which is mandated by COOT prior to the
initiation of construction drawings. The FIR will consist of a comprehensive refenal process
by departments within COOT and agencies which may be affected by this project. Although the
drawings submitted to COOT are defined as "preliminary design drawings", this is somewhat
of a misnomer. For the past 18 months, District staff has been meeting with COOT and other
affected agencies to resolve any design issues which have been identified. An extensive amount
of surveying has also been completed and a surveying map and legal descriptions have been
prepared for the right-of-way required for the interchange.
At the conclusion of the FIR process, the District will complete the construction drawings and
submit these drawings to COOT for a Final Office Review (FOR). The FOR process typically
is handled within the various departments in COOT, predicated on the assumption that inter-
agency coordination and approvals have been addressed as part of the FIR process. Although
CDOT will not be prepared to accept right-of-way dedication until after the FIR process, the
issues affecting right-of-way conveyance are important to both HRMD and COOT as they relate
to the overall completion schedule. The District anticipates initiating construction on the
interchange in the Summer of 1996, which is a realistic schedule but one that is sensitive to any
significant delay.
62 West Plaza Drive • Highlands Ranch , Colorado 80126 • (303) 791-0430 • FAX (303) 791-0437 y
' Page 2
December 6, 1995
Mr. Stu Fonda
In order to provide CDOT with information regarding the conveyance of right-of-way while also
addressing the issues that you have raised in our previous discussions, we have prepared a
Memorandum of Understanding (MOU). I believe the MOU is fairly self explanatory, however,
as always, we are available to discuss any questions or clarifications that you or your staff may
desire. The MOU is labeled as a "draft" and, therefore, we would like to incorporate your
comments into this document. To continue on the current schedule for the interchange, I would
like to request that the final copy of the MOU (as agreed upon by both parties) be executed by
December 29, 1995. We are at your disposal to provide any supporting information, exhibits,
engineering drawings which you feel are important to the review and approval of the MOU and
look forward to working with the City of Englewood on this exciting project.
Sincerely,
ase
stant General Manager
JBC/95120 l/mds
cc: Joe Blake, Chairman, HRMD NO. 3 Board of Directors
:MEMORANDUM OF UNDERSTANDING
C470/McLellan Interchange
DRAFT
12/6/95
The Highlands Ranch Metropolitan District No. 3 (HRMD No. 3) intends on constructing a
highway interchange on C470 between Broadway and Santa Fe, (hereinafter referred to as "the
McLellan Interchange") beg inning in 1996. Most of the property required for the right-of-way
dedication for the McLellan Interchange is owned by the City of Englewood (Englewood
Property). In order to proceed with the necessary reviews to obtain final approval by the
Colorado Department of Transportation (CD01), the following matters have been agreed upon
by HRMD No . 3 and the City of Englewood.
Right-of-Way Parcels
1) Englewood shall convey the necessary Right-of-Way (ROW) to CDOT for the
construction of the McLellan Interchange (approximately 22 acres) at no cost to HRMD .
The enclosed legal descriptions (Exhibit A) reflect the current design for the interchange.
Adjustments to the ROW may be made subsequent to the execution of this Memorandum
of Understanding.
2) The design of the McLellan Interchange and connecting arterial roadways shall provide
access to Englewood Parcels C, D , and E (Exhibit B). These accesses shall be
constructed with the Interchange Project.
Development Parcels
1) Englewood's Parcel A shall not be developed and will be reserved for the realignment
of the Highline Canal Trail, improvements on County Line Road, storm drainage
facilities and any other improvements deemed appropriate by the City of Englewood in
conjunction with their operation of McLellan Reservoir. Englewood shall retain full
ownership of Parcel A. HRMD shall compensate Englewood for the loss of development
rights on this parcel in a manner agreed upon by both parties .
2) Englewood 's Parcel B shall be purchased by HR.MD No. 3 and Englewood shall be
compensated as agreed to by the parties . Parcel B shall not be developed by HRMD and
will be reserved for the realignment of the Highline Canal Trail and any landscape
improvements deemed desirable by HRMD No. 3.
3) Water and sanitary sewer utilities shall be provided to the property boundaries of
Englewood's Parcels C, D, and Eat no cost to Englewood .
4) HRMD No. 3 is willing to incorporate the grading of Parcels C and D as part of the
interchange project in lieu of consideration agreed upon for Parcels A and B. This
grading would be completed in accordance with a grading plan approved by Englewood.
1
Highline Canal ReaUn>ment
1) Englewood shall grant HRMD No. 3 a "License to Enter" (Exhibit c ) for the purposes
of performing engineering activities. Englewood shall also grant HRMD No. 3 a
"License to Enter" in order construct two box culverts necessary for the realignment of
the Highline Canal along the alignment of Highlands Ranch Boulevard and the
realignment of the Highline Canal Trail as shown on Exhibit B. These improvements
must be completed prior to April 1, 1996 and, therefore, the construction activities will
precede the conveyance of the right-of-way for Highlands Ranch Boulevard.
The realignment of the Highline Canal will require the adjustment of the property
boundaries of the Highline Canal tract owned by the Denver Water Department.
Englewood agrees to convey a parcel of land (approximately 0.54 acres) along the
southerly edge of the Highline Canal to Denver at no cost and shall receive an equivalent
parcel of land (approximately 0.60 acres) along the northerly edge of the Highline Canal
from the Denver Water Department at no cost. (See attached Exhibit D)
CITY OF ENGLEWOOD
STEW ART A. FONDA,
DIRECTOR OF UTILITIES
CITY OF ENGLEWOOD
DOUGLAS A. CLARK
CITY MANAGER
2
HIGHLANDS RANCH
METROPOLITAN DISTRICT NO. 3
JEFFREY B. CASE,
ASSIST ANT GENERAL MANAGER
HIGHLANDS RANCH
METROPOLITAN DISTRICT NO. 3
JOSEPH B. BLAKE
CHAIRMAN, BOARD OF DIRECTORS
EXHIBIT A
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ROW CONVEYANCE
CD HIGHLANDS RANCH BLVD .
FROM MISSION VIEJO CO . TO DOUGLAS CO . -
209,860 .54 qi 4.8177 AC.
(?)INTERCHANGE SOUTH OF C-470
FROM ENGLEWOOD TO COOT
485,183 .9Sqi 11 .1383 AC .
G)1NTERCHANGE NORTH OF C-470
FROM ENGLEWOOD TO COOT
193,489 .30 ¢ 4 .4419 AC.
G) HIGHLANDS RANCH BLVD.
FROM ENGLEWOOD TO DOUGLAS CO.
174,563 .08 ¢ 4.0074 AC.
@ HIGHLINE CANAL
FROM ENGLEWOOD TO DENVER WATER DEPT.
23,318.99 ¢ 0.5353 AC.
FROM DENVER WATER DEPT. TO ENGLEWOOD
26,246 .80 ¢ 0 .6025 AC.
@ BIKEPATH
FROM ENGLEWOOD TO DENVER WATER DEPT.
41,265.34¢ 0.9473 AC .
1) ENTRANCES TO ACCESS #2
FROM ENGLEWOOD TO DOUGLAS CO.
1,745.28¢ 0 .0401 AC.
1,745 .28¢ 0.0401 AC.
. SLOPE EASEMENTS
J) SLOPE EASEMENT SW QUAD ADJACENT TO
RAMP 1 FROM ENGLEWOOD TO COOT
41,540 .84 qi 0.9536 AC .
2) SLOPE EASEMENT NW QUAD ADJACENT TO
RAMP 3 FROM ENGLEWOOD TO COOT
14 ,868 .31 qi 0 .3413 AC .
l> SLOPE EASEMENT NE QUAD ADJACENT TO
RAMP 4 FROM ENG LEWOOD TO COOT
37 ,803 .3 7 qi 0 .8678 AC .
3) SLOPE EASEMENT NE QUAD ADJACENT TO
RAMP 4 FROM MISSION VIEJO CO . TO COOT
5,591 .68 qi 0 . 1284 AC .
. ~ UTILITY EASEMENT NW QUAD ADJACENT TO
RAMP 3 FROM ENGLEWOOD TO PSCO
4,4 72 .40 cti 0.1027 AC.
~ UTILITY EASEMENT NE QUAD
FROM ENGLEWOOD TO PSCO
1 ,372 .33 cti 0 .0315 AC.
D SLOPE EASEMENT WEST SIDE H R BLVD.
FROM ENGLEWOOD TO DOUGLAS CO .
83,963 .92 rP 1 .9275 AC .
ID SLOPE EASEMENT EAST SIDE H R BLVD.
FROM ENGLEWOOD TO DOUGLAS CO .
71,023 .96 qi 1 .6305 AC.
l I ll I I'\ . : •
PARCEL FROM CITY OF ENGLEWOOD TO COOT
EXHIBIT "A"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER 2A
December 6 , 1995
A tract or parcel of land No . 2A of the Department of Transportation , State of Colorado , Project No .
CC 4701-076 , conta i ning 47 , 783 square meters , more or less in the City of Englewood property , as
described in book 133 , page 4 , Douglas County Records , in section 4 , Township 6 South , Range 68
West of the Sixth Principal Meridian , in Douglas County, Colorado , said tract or parcel of land being
more particular ly described as follows:
Beginning at the Center corner of said section 4 , a 1 O" x ?" x 3" Stone ;
1. Thence S.89°40'08"W. along said north line of the SW 1/4 of said Section 4 , a distance of
54 .011 meters (177 .20 feet); .
2. Thence N.0°19 '52 "W ., a distance of 45 .7 99 meters (150.26 feet);
3. Thence N. 7 4 °08' 49"W., a distance of 61 . 555 meters (201. 95 feet);
4. Thence N.59°26 '48"W., a distance of 61 .907 meters (203.11 feet);
5. Thence N.43°18'51"W., a distance of 143.343 meters (470 .28 feet );
6 . Thence N.45°35'59"W ., a distance of 12 .056 meters (39.55 feet);
7. Thence N.62°55 '07"W., a distance of 45 .913 meters (150.63 feet);
8. Thence N.41°20 '45 "W ., a distance of 37 .830 meters (124.11 feet );
9. Thence N.63°52'05 "W ., a distance of 64 .086 meters (210 .26 feet);
10 . Thence N.85°52'01"W., a distance of 48 .109 meters (157.84 feet);
11 . Thence N.62°55 '07"W., a distance of 204.486 meters (670.88 feet) to the southwesterly right-
of-way line of Colorado State Highway (C-470), as described in Book 645 , Page 7 48 , Douglas
County Records ;
12 . Thence S.69°12'29"E . along said southwesterly right-of-way line of Colorado State Highway (C-
470), a distance of 485 .7 04 meters (1593.52 feet);
13 . Thence S.61°52 '54"E . along said southwesterly right-of-way line of Colorado State Highway (C-
470), a distance of 215 .119 meters (705. 77 feet);
14 . Thence S. 75°17'35"E. along said southwesterly right-of-way line of Colorado State Highway (C-
470), a distance of 342 .620 meters (11 24.08 feet) to the northerly line of an easement to City
and County of Denver, as descr ibed in Boo~ 237, Page 305 , Douglas County Records :
15 . Thence ·s .89°45'01 "W. along said northerly line of an easement to City and County of Denver ,
a distance of 24 .175 meters (7 9.31 feet );
16 . Thence N.7 5°1 7'3 5 "W, a distance of 89 .515 meters (2 93 .69 feet);
17. Thence S.85°23 '36"W., a distance of 110.441 meters (362 .34 feet);
18 . Thence S.89°45'01 "W., a distance of 97 .293 meters (319.20 feet );
19 . Thence S.43°10'58"W., a distance of 34.413 meters (112 .91 feet );
20 . Thence S.0°14'59"E., a distance of 8.009 meters (26.28 feet) to the north line of the SE 1/4 of
said Section 4 ;
21 . Thence S89°45 '01 "W. along said north line of the SE 1/4 of said Sect i on 4, a distance of 6.341
meters (20 .80 feet) to the POINT OF BEGINNING .
The above described Parcel conta ins 11.130 acres/45 ,040 square meters , more of less.
BASIS OF BEARING : Gr id bearings were determined by global positioning system methods .
Bearings are referenced to the line between point 1001 and point 192 . The line between the two
monuments bears : S87° 18'29"W.
PARCEL FROM CITY OF ENGLEWOOD TO COOT
EXHIBIT "A"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER 2B
December 6, 1995
A tract or parcel of land No . 2B of the Department of Transportation, State of Colorado, Project No .
CC 4701-076 , containing 17 , 976 square meters, more or less in the City of Englewood property , as
described in Book 133 , Page 4 , Douglas County Records , in section 4 , Township 6 South , Range 68
West of the Sixth Principal Meridian, in Douglas County , Colorado , said tract or parcel of land being
more particularly described as follows :
Beginning at a point on the east line of the NW 1 /4 of said Section 4 , whence the Center corner
of said section 4, a 1 O" x T' x 3" Stone bears S .1°06'01 "E., a distance of 264 .617 meters (868 .17
feet), said point being also on the northeasterly right-of-way line of Colorado State Highway (C-470),
as described in Book 645 , Page 7 48 , Douglas County Records ;
1. Thence N.70°38 '45 "W. along said northeasterly right-of-way line of Colorado State Highway (C-
470 , a distance of 246 .654 meters (809 .23 feet);
2 . Thence S .83°10'34 "E., a distance of 157 .019 meters (515 .15 feet );
3. Thence S .78°54'5T'E., a distance of 101 .020 meters (331.43 feet);
4 . Thence S.68°27'20"E ., a d istance of 34 .698 meters (113.84 Feet);
5 . Thence S .19°22' 11 "W., a distance of 5.778 meters ( 18 . 95 feet );
6 . Thence S.25°37'49"W., a distance of 12.851 meters (42.16 feet);
7. Thence S.70°37'49"E., a distance of 90 .283 meters (296.20 feet;
8 . Thence S .59°31 '13"E., a distance of 208.917 meters (685.42 feet);
9 . Thence S . 73°01 '46"E., a distance of 56 .512 meters (185.41 feet) to the northeasterly right-of-
way li ne of Colorado State Highway (C-470), as described in Book 645 , Page 7 48 , Douglas
County Records ;
1 O. Thence N.82°18'07"W. along said northeasterly right-of-way l ine of Colorado State Highway (C-
470), a distance of 118 .137 meters (387 .59 feet);
11. Thence N .59°34'09 "W. along said northeasterly right-of-way line of Colorado State Highway (C-
470), a distance of 151 .886 meters (498 .31 feet);
12 . Thence N. 70°38 '45 "W . along said northeasterly right-of-way line of Colorado State Highway (C-
470), a distance of 137 .276 meters ( 450 38 feet) to the POINT OF BEGINNING .
The above described Parcel contains 4.442 acres/17 ,976 square meters , more of less .
BASIS OF BEARING : Grid bearings were determined by global positioning system methods .
Bearings are referenced to the line between point 1001 and point 192 . The line between the two
monuments bears: S87° 18 '29 "W .
PARCEL FROM CITY OF ENGLEWOOD TO DOUGLAS COUNTY
EXHIBIT "A"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER 2C
December 6 , 1995
A tract or parcel of land No. 2C of the Department of Transportation, State of Colorado . Project No .
CC 4701-076 , containing 12 .026 square meters . more or less in the C ity of Englewood property , as
described in Book 133 , Page 4, Douglas County Records , in section 4, Township 6 South. Range 68
West of the Sixth Princ i pal Meridian , in Douglas County, Colorado , said tract or parcel of land being
more particularly described as follows :
Beginning at a point on the east l ine of the NW 1 /4 of said Section 4 . whence the Center corner
of said section 4, a 1 O" x T' x 3" Stone bears S.1°06'01 "E.. a distance of 312 .846 meters ( 1026.40
feet);
1. Thence N . 78°54'5T'W .. a distance of 13. 981 meters ( 45.87 feet);
2 . Thence along the arc of a curve to the left having a radius of 26 .900 meters (88 .25 feet), a
distance of 16.911 meters (55.48 feet) (the chord of said arc bears N.16°51 '41"E .. a distance of
16.634 meters (54.57 feet));
3 . Thence along the arc of a curve to the left having a radius of 207 .800 meters (681. 76 feet), a
distance of 28. 979 meters (95 . 08 feet) (the chord of said arc bears N . 05°08'3T'W., a distance
of 28 . 956 meters (95 .00 feet));
4 . Thence along the arc of a curve to the left having a radius of 210.531 meters (690 . 72 feet ). a
distance of 78.455 meters (257.40 feet) (the chord of said arc bears N .14°31 '11"W . a distance
of 78.001 meters (255 . 91 feet ));
5 . Thence along the arc of a curve to the left having a radius of 215 .000 meters (705 38 feet), a
distance of 37 .048 meters (121.55 feet) (the chord of said arc bears N.35°14 '5T'W .. a distance
of 37 .002 meters ( 121.40 feet));
6. Thence N.40°11 '08"E .. a distance of 43 .300 meters (142 .06 feet);
7 . Thence along the arc of a curve to the left having a radius of 7 .500 meters (24 .61 feet), a
distance of 11 . 781 meters (38 65 feet) (the chord of said arc bears N .85°11 '08"W . a distance
of 10 .607 meters (34 .80 feet));
8 . Thence N.40°11 '0S"W., a distance of 18.400 meters (60.37 feet);
9. Thence along the arc of a curve to the left having a radius of 7 .500 meters (24.61 feet), a
d i stance of 11 . 781 meters (38 .65 feet) (the chord of said arc bears N.4°48'52"E., a distance of
10 .607 meters (34.80 feet));
10 . Thence N.40°11 '0 8"W , a distance of 91 .023 meters (298 .63 feet) to the southeaster ly r ight-of-
way line of the High l ine Cana l ( 100 .00 feet wide ), as described in Book , Page , Douglas
County Records ;
11 . Thence N.59°48'52"E . along sa id southeaster ly right-of-way line of the High li ne Canal , a
d istance of 30.463 meters (99 . 94 feet );
12 . Thence S.40°1 1 '08 "E., a d istance of 85 . 733 meters (281 .28 feet );
13 . Thence along the arc of a curve to the left having a radius of 7.500 meters (24 .61 feet ), a
distance of 11 .781 meters (38 .65 feet) (the chord of said arc bears S.85°11 '08"E ., a d istance of
10.607 meters (34 80 feet ));
14. Thence S.40°11'08 "E., a dis tance of 18.400 meters (60 .37 feet );
15 . Thence along the arc of a curve to the left having a radius of 7 .500 meters (24.81 feet ), a
distance of 1 1.78 1 meters (38 .65 feet ) (the chord of said arc bears S.4°48 '52 "W ., a dis tance of
10 .607 meters (34.8 0 f ee t));
16 . Thence S.40°11 '08 "E., a distance of 43.300 meters (742 .06 feet );
17 . Thence along the arc of a curve to the right having a radius of 245 .000 meters (803.81 feet ), a
distance of 42 .228 meters ( 138 . 54 feet ) (the chord of said arc bears S. 35°14'52"E ., a distance
of 42 .175 meters (1 38 .37 feet ));
18 . Thence along the arc of a curve to the right having a radius of 247 .791 meters (812 .96 feet), a ·
distance of 92 .105 meters (302 .18 feet) (the chord of said arc bears S.24°01 '55 "E., a distance
of 91 .576 meters (300.45 feet ));
19 . Thence along the arc of a curve to the right having a radius of 252 . 000 meters (826 . 77 feet ), a
d istance of 57 .319 meters (1 88 .05 fee t) (the chord of said arc bears S.2°37'09"E., a distance of
57 .195 meters (187 65 feet ));
20 . Thence along the arc of a curve to the left hav ing a radius 41. 900 meters ( 13 7 .47 feet ), a
distance of 6.444 meters (21 .14 fee t ) (the chord of said arc bears S 0°30 '31 "E., a distance of
6.437 meter (21 .12 feet );
21 . Thence N.68°27'20"W ., a distance of 12.436 meters (40 .80 feet);
22 . Thence N. 78°54 '57"W., a d i stance of 23 .696 meters (77 . 7 4 feet) to the POINT OF
BEGINNING .
The above descr ibed Parcel contains 2. 972 acres/12 ,026 square meters , more of less .
BASIS OF BEAR ING : Grid bear ings were determined by global posit ioning system methods .
Bearings are referenced to the line between po int 1001 and point 192 . The line between the two
monuments bears : S87°18 '29 "W .
PARCEL FROM CITY OF ENGLEWOOD TO DOULAS COUNTY
EXHIBIT "A"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER 20
December 6, 1995
A tract or parcel of land No. 2D of the Department of Transportation , State of Colorado, Project No .
CC 4701-076 , containing 2 . 7 44 square meters , more or less in the City of Englewood property , as
described in book 133, page 4 , Douglas County Records , in section 4 , Township 6 South, Range 68
West of the Sixth Principal Meridian, in Douglas County, Colorado, said tract or parcel of land being
more particularly described as follows :
Beginning at the Center corner of said section 4 , a 1 O" x 7" x 3" Stone ;
1. Thence S.0°02'37"W. along the east line of the SW 1/4 of said Section 4 , a distance of 407 .566
meters (1337 .16 feet); to the SW corner of the NW 1/4 of the SE 1/4 of said Section 4 ;
2 . Thence N.89°52'12"E. along the south line of said NW 1 /4 of the SE 1 /4 of said Section 4 , a
distance of 4 .597 meters (15 .08 feet);
3. Thence S.44°57'25"W., a distance of 6 .515 meters (21.38 feet) to west
the SE 1 /4 of said Section 4 ;
line of the SE 1 /4 of
4 . Thence S.0°02'37"W. along said west line of the SE 1/4 of the SE 1/4 of said Section 4 , a
distance of 1.500 meters (4.92 feet);
5. Thence S.89°49'25"W ., a distance of 6 . 706 meters (22 .00 feet);
6 . Thence N.0°02'37"E ., a distance of 407 .565 meters (1337 .15 feet) to the north line of the SW
1 /4 of said Section 4 ;
7 . Thence N.89°40'08"E . along said north line of the SW 1/4 of said Section 4, a distance of 6 . 706
meters (22.00 feet ) to the POINT OF BEGINNING.
The above described Parcel contains 0 .678 acres/2,7 44 square meters , more of less .
BASIS OF BEARING : Grid bearings were determined by global positioning system methods .
Bearings are referenced to the line between point 1001 and point 192. The line between the two
monuments bears : S87°18'29"W.
PARCEL FROM CITY OF ENGLEWOOD TO DOUGLAS COUNTY
EXH!BIT "A"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER 2F
December 6, 1995
A tract or parcel of land No . 2F of the Department of Transportation, State of Colorado , Project No .
CC 4701-076 , containing 3 .586 square meters , more or less in the City of Englewood property , as
described in Book 133 , Page 4 , Douglas County Records , in section 4 , Township 6 South , Range 68
West of the Sixth Principal Meridian, in Douglas County, Colorado , said tract or parcel of land being
more particularly described as follows :
Commencing at the NW Corner of said Section 4, whence the W 1 /4 Corner of said Section 4
bears S.0°34'55"E . 885.415 meters (2904 . 90 feet); Thence S. 76°26'41 "E., a distance of 610.680
meters (2003.54 feet) to the TRUE POINT OF BEGINNING , said point being also on the
southwesterly right-of-way line of County Line Road ;
1. Thence along said southwesterly right-of-way line of County Line Road, along the arc of a
curve to the left having a radius of 1769.368 meters (5805 .01 feet), a distance of 30 .598 meters
(100 .39 feet) (the chord of said arc bears S.77°44'21"E., a distance of 30 .597 meters (100 .38
feet );
2. Thence S.0°55'27"W., a distance of 13 .733 meters (45.06 feet);
3 . Thence along the arc of a curve to the left having a radius of 105 . 000 meters (344.49 feet), a
distance of 75 . 337 meters (247 .17 feet) (the chord of said arc bears S. 19°37'51 "E ., a distance
of 73 .732 meters (241 .90 feet));
4. Thence S.40°11'08"E ., a distance of 19 .391 meters (63.62 feet) to the northwesterly right-of-
way line of the Highline Canal (100 .00 feet wide), as describe in Book , Page , Douglas
County Records;
5. Thence S.59°48'52"W. along said northwesterly right-of-way line of the Highline Canal , a
distance of 30.463 meters (99 . 94 feet);
6 . Thence N.40°11 '08"W , a distance of 14.101 meters ( 46.26 feet);
7 . Thence along the arc of a curve to the right having a radius of 135 .000 meters (442 . 91 feet), a
distance of 96 .862 meters (317. 79 feet) (the chord of said arc bears N.19°37'51 "W , a distance
of 94. 798 meters (311.02 feet));
8 Thence N.0°55 '27"E ., a distance of 19 . 7 48 meters (64. 79 feet) to the TRUE POINT OF
BEGINNING .
The above described Parcel contains 0 .886 acres/3 ,586 square meters . more of less .
BASIS OF BEARING : Grid bearings were determined by global positioning system methods .
Bearings are referenced to the line between point 1001 and point 192 . The line between the two
-monuments bears : S87°18'29"W.
EXHIBIT B
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EXHIBIT C
LICENSE AGREEMENT
HIGHLINE CANAL REALIGNMENT
THIS LICENSE AGREEMENT, made this day of , 1995,
between THE CITY OF ENGLEWOOD, a Colorado municipality, whose address
is 3400 South Elati Street, Englewood, Colorado 80110, herein referred
to as "Englewood", and HIGHLANDS RANCH METROPOLITAN DISTRICT NO. 3, a
Colorado quasi-municipal corporation, whose address is 62 West Plaza
Drive, Highlands Ranch, Colorado 80126, herein referred to as
"Licensee".
WITNESSETH THAT:
The term "Licensee" shall include employees, agents and contractors
of Licensee.
The term "Property" as used herein refers to real property and
includes easements, right-of-way and other Englewood interests in land
and may some times be referred to herein as "Englewood Property".
The Englewood, by these presents, without warranting title or
interest, and subject to the covenants hereinafter set forth does hereby
authorize the Licensee, its successors and assigns, to construct two box
culverts for the realignment of the Highline Canal and Highline Canal
Trail as shown in drawing Exhibit "A", which is attached hereto and made
a part hereof by reference, within and across the Englewood Property
located in Highlands Ranch Planning Area 84.
1. Licensee will use all reasonable means to prevent any loss or
damage to the Englewood Property or to others resulting from the
construction of Licensee's work.
2. All work authorized by this License shall be performed by the
Licensee at no expense to Englewood and, except as otherwise set forth
herein, Licensee shall own and maintain its installation thereafter.
3. The rights and privileges granted in this License are subject
to prior agreements, easements, licenses and conveyances, recorded or
unrecorded, and it shall be the Licensee's sole responsibility to
determine the existence of any rights, uses or installation conflicting
with the Licensee's use of the Englewood Property hereunder and to
resolve any conflicts.
4. The rights granted Licensee hereunder may not be assigned
without the written consent of Englewood.
5. Licensee shall comply with all applicable laws and ordinances
and all rules, regulations and requirements of any governmental entity
having jurisdiction or authority over the Englewood Property or the
activities of Licensee pursuant to this License. If, as a result of the
Licensee's occupancy of the Englewood Property and its operation
hereunder, any such law, ordinance, rule, or regulations is violated,
Licensee shall protect, save harmless, defend and indemnify Englewood
from an against any penalties, fines, costs and expense including legal
fees and court costs incurred by Englewood, caused by, resulting from
and connected with such violation or violations.
IN WITNESS WHEREOF, this instrument has been executed as of
the day and year first above written.
CITY OF ENGLEWOOD, a Colorado
municipality
HIGHLANDS RANCH METROPOLITAN
DISTRICT NO. 3, a quasi-municipal
corporation
By:
General Manager
ATTESTED:
By:
Assistant General Manager
EXHIBIT D
PARCEL FROM CITY OF ENGLEWOOD TO DWD
EXHIBIT" A"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER 2E
December 6 , 1995
A tract or parcel of land No . 2E of the Department of Transportation , State of Colorado , Project No .
CC 4701-076 , containing 2.166 square meters , more or less in the City of Englewood property , as
described in Book 133 , Page 4 , Douglas County Records , in section 4 , Township 6 South , Range 68
West of the Sixth Pr inc ipal Meridian , in Douglas County , Colorado , said tract or parcel of land being
more particular ly described as follows :
Commencing at the NW Corner of said Section 4 , whence the W 1 /4 Corner of said Sec ti on 4
bears S.0°34'55"E. 885.415 meters (2904 . 90 feet); Thence S.58°46'54"E . ,a distance of 688 .188
meters (2192 .22 feet) to the TRUE POINT OF BEGINNING , said po int being also on the
southeasterly right-of-way line of the Highline Canal , as described in Book 93 , Page 64 . Douglas
County Records ;
1. Thence N.2 1°53'33"E . along said southeasterly right-of-way l ine of the Highline Canal , a
distance of 32 .069 meters (105 .21 feet);
2. Thence along said southeasterly right-of-way line of the Highline Canal along the arc of a curve
to the r ight having a r adius of 55 .289 meters (181 .39 feet ), a distance of 45 .690 meters (149 .90
feet ) (the chord of said arc bears N.45°34 '00"E ., a distance of 44.401 meters ( 145 .67 feet ));
3 . Thence N.69°14'28 "E. along said southeasterly right-of-way l ine of the Highline Canal , a
distance of 133 .114 meters ( 436 . 73 feet);
4. Thence along the arc of a curve to the left having a radius of 85 .537 meters (280 .63 feet), a
distance of 14.073 meters ( 46 .17 feet) (the chord of said arc bears S.64°31 '40"W., a distance
of 14 .057 meters (46 .12 feet ));
5 . Thence S.59°48'52"W., a distance of 156 .562 meters (513 .65 feet );
6. Thence along the arc of a curve to the left having a radius of 47 .314 meters ( 155.23 feet), a
distance of 31 .315 meters (102 .74 feet ) (the chord of said arc bears S.41°51 '12"W., a distance
of 30 .747 meters (100 .88 feet)) to the TRUE POINT OF BEGINNING .
The above described Parcel contains 0 .535acres/2 ,166 square meters , more of less.
BASIS OF BEARING : Grid bearings were determined by global positioning system methods .
Bearings are referenced to the line between point 1001 and point 192 . The line between the two
monuments bears : S87° 18'29"W .
PARCEL FROM DWD TO CITY OF ENGLEWOOD
EXHIBIT" A"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER SB
December 6 , 1995
A tract or parcel of land No. 5B of the Department of Transportation , State of Colorado , Project No .
CC 4701-076 , containing 2,438 square meters , more or less in the City and County of Denver
property , as described in Book 93 , Page 64 , Douglas County Records , in section 4 , Township 6
South , Range 68 West of the Sixth Principal Meridian, in Douglas County, Colorado, said tract or
parcel of land being more part icularly described as follows :
Commencing at the NW Corner of said Section 4, whence the W 1 /4 Corner of said Section 4
bears S.0°34'55"E . 885.415 meters (2904 .90 feet); Thence S.58°20'1 T'E .,a distance of 638 .130
meters (2093 .60 feet) to the TRUE POINT OF BEGINNING, said point being also on the
northwesterly right-of-way line of said Highline Canal;
1. Thence N.21°53'33"E . along said northwesterly right-of-way line of the Highline Canal , a
distance of 32 . 069 meters ( 105 .21 feet);
2. Thence along said no rt hwesterly right-of-way line of the Highline Canal al:ing the arc of a curve
to the right having a radius of 85 .769 meters (281 .39 feet), a distance of 70 .878 meters (232 .54
feet) (the chord of said arc bears N.45°34'00"E., a distance of 68 .879 meters (225.98 feet));
3. Thence N.69°14'28"E., along said northwesterly right-of-way line of the Highline Canal a
distance of 133.114 meters ( 436 . 73 feet);
4. Thence along the arc of a curve to the left having a radius of 116 . 017 meters (380 .63 feet), a
distance of 19 .088 meters (62 .62 feet) (the chord of said arc bears S.64°31 '40"W., a distance
of 19.066 meters (62 .55 feet));
Thence S.59°48'52"W ., a distance of 156 .562 meters (513 .66 feet);
5. Thence along the arc of a curve to the left having a radius of 77 . 794 meters (255 .23 feet), a
distance of 51.489 meters ( 168 . 93 feet) (the chord of said arc bears S40°51 '12"W., a distance
of 50 .554 meters (165 .86 feet)) to the TRUE POINT OF BEGINNING.
The above described Parcel contains 0 .602 acres/2 ,438 square meters , more of less.
BASIS OF BEARI N G : Grid bearings were determined by global positioning system methods .
Bearings are referenced to the lin-e between point 1001 and point 192 . The line between the two
monuments bears: S87°18'29"W.
Date
January 15, 1995
INITIATED BY
Utilities Department
ATT--'i
COUNCIL COMMUNICATION
Agenda Item Subject
Construction of Four City
Ditch Structures
STAFF SOURCE
Stewart H. Fonda , Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
Council approval, by motion , of the bid for the construction of four City Ditch Structures .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The major purpose of the proposed City Ditch vault structures construction is to finish
enclosing the City Ditch from Chatfield Reservoir to Mclellan Pump Station . This will enable
the City to use its' 1948 Water Right from Chatfield and pump the water to Mclellan
Reservoir. Englewood currently cannot use this right because of the ditch icing in the winter .
Englewood should realize a significant amount of water depending on the call on the river.
The proposed contract would encompass construction and modification of three concrete
vaults plus construction of one headwall. The vaults would include installation of access
doors and sluice gates , vents, stairs and other miscellaneous items . The Ditch will be shut off
until April 1st which is also the anticipated date of substantial completion. After April 1st there
will be water in the ditch , however, work for final completion, such as seeding and clean -up,
may be performed .
The project is located in three separate locations along the City Ditch . Two locations are
between Chatfield Reservoir and C-470 and are located in Douglas County . The third
structure is at the pump house near Santa Fe Drive , located in the City of Littleton .
Due to the time constraints of ordering these items, the City has purchased the slide gates,
Parshall flume and Sileo doors . Installation of these items are required by this Contract. In
addition, there is an existing 3 foot diameter CMP used to enclosed the existing recording
device at the existing Parshall flume . This enclosure shall be relocated to the new flume
vault.
*** BID INFORMATION WILL BE PROVIDED AT WATER BOARD MEETING***
Requests for Bid were sent to vendors for the Construction of City Ditch Structures .
responses were received .:
FINANCIAL IMPACT
$
$
$
$
$
The original budgeted amount was $ , , based on the engineer's estimate. A bid opening
was held on January 4 , 1996 and the following bids were received :
$
$
is the recommended bidder at $ ,
The Utilities Department budgeted $75,000 .00 in the 1995 Budget for this project. This money
was allocated under #09-03-43211 .
LIST OF ATTACHMENTS
Bid Proposal Tabulation
IQ\ Waste Management, I n c.
'Cl
A WMX Technologies Company Pho ne 303.9 14 .1400
3900 S. Wadswonh Bo uleva rd
Suite 800
Lakewood . CO 80235
December 12, 1995
Mr. Stewart H. Fonda
City of Englewood Utilities Director
3400 S. Elati Street
Englewood, CO 80110-2304
Re: Waste Management of Colorado, Inc. Wastewater Discharge
Dear Mr . Fonda :
A TT. S
As we have discussed, Waste Management of Colorado, Inc . (WMC) requests approval
from the City of Englewood (City) so that it may be allowed to discharge wastewater
from its lift station without any time restrictions. This letter is intended to provide you
the information necessary to approve our request and notify the Valley Sanitation
District (Valley) so that WMC may proceed with Valley to modify its Agreement.
Over 15 years ago , Colorado Disposal, Inc. (a predecessor company of WMC) entered
into an Inclusion Agreement on April 11, 1980 to address wastewater discharge with
Valle y. The City approved of this inclusion as a supplement to the Connector's
Agreement between Valley and the City.
This Agreement as described in Section II.B .1.b.iv . limits discharge of all effluent
from the wash facilit y into the District 's system to a four hour period between the
hc urs of 12 :00 arr: and 4 :00 am. A lift ~tation ano .stornge tan...1< was constructed for the
purpose of holding and later releasing any effluent during the discharge period. WMC
retained Meurer & Associates in 1995 to upgrade the lift station and evaluate if the
restricted discharge period could be removed .
In August 1995 Meurer & Associates submitted a wastewater flow monitoring study to
Mr. Richard Cassens , representing Valley and Mr. John Bock, representing the City .
This study showed that there would be no detrimental impact on the existing sewer
sy stem for the subdi v ision at Clay Court nor the 18-inch interceptor in Decatur in the
vicinity of WMC if there was no limitation on the time of wastewater discharge .
At subsequent meetings with Valley and the City, you have requested a guarantee from
WMC to be responsible for all costs related to any damages caused to homes on Clay
Mr. Stewart H . Fonda
December 12 , 1995
Page 2
Court in order for the City to concur with removing the time of discharge limitation. I
have attached a certificate of insurance as a form of financial assurance from WMC for
your review and comment. As proposed, this certificate would provide the City as a
certificate holder with a guarantee from WMC. This guarantee from WMC would be
for costs caused by any damage from a blockage in the gravity main in Union A venue
to homes on Cla y Court to Decatur Street which they may cause under the certificate 's
pollution liability cove r age.
Please contact me if you have any questions about the draft guarantee. I look forward
to your comments so that we may proceed as soon as possible .
Sincerely ,
Leonard J. Bu t ler
Group Env ironmental Vice President
Attachment
cc: Richard Cassens, Valley Sanitation District
Greg Sekera , Meurer & Associates
Paul Wuthrich , WMC
c:l msoffice l winwo rdl doc \wmcag.docl lb
~
ROLLINS HUDIQ HALL OF IWNOIS, INC.
123 NORTH WACKER DRIVE
CHICAGO. IL 80809
ATTN: INSURANCE VERIFICATION CENTER
1..aOO+VERIFY I FAX 1.J12-701-41'31•1M
·~ro
Waste Management of Denver
2400 W. Union Avenue
Englewood. CO 80110-5307
THIS Cl!RTIFICAT'! II ISSUED AS A MATTfR OF INFORMATION
OM.Y AND CDNFERI NO RIGHTS UPON THE C!RTIFICATe
MOU>!R. THl8 CERT1FICAT'! DOES NOT AMEND, EXTEND CR
COMPANY
c
COMPAi«
D
NATIONAL UNION FIRE INS . CO . OF PITTSBURGH. PA ·
THIS IS TO CERTIN T'HA T T..e POLICIES OP INSURANCE UST?D BELOW HA"" eUN ISSUED TO THE 1..SuAeo WIMED A8CVE pr()R THE POUC:V PERIOD
INDICATED . NOTW1THSTANDING Nl'f REQUIREMENT . TEAM OR CONDITION OF ANY CONTRACT OR OTHER OCCUMl!NT WITH IU!SP?CT TO WHICH THIS
CfRTIFlCA TE M& y ee ISSUED OR MlY PERTAIN. THE INSURANce AFFORC!D a y THE POUCIES °'5CRIBED 11ER!IN IS SUBJECT TO AU. n.E TERMS .
EXCLUSIONS ANO CONDITIONS OF SUCH POUOES. UMTS SHOWN MAY HAYe DeEN REDUCfD f/'f PAID~-
Ol!HEIW. UMll.JT'Y
COMMERCIAL GENEJlAi, LIABtU'T'I'
Cl-'JMS MADE D OCOJll
OWNER"S 6 COHTil-'CTOR'S PR
AUTOlllQ81U LIAlllUTY
AHYAUTO.
ALL OWNED AUTOS
SOOEOUl.£0 AUTOS
MIAEO AUTOS
NON.QWNEt) AUTOS
C:AAAC:E 1.IASIUTY
ANY AUTO
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UlolllltELl.A ~OAM
OT'MElt TM.AN UMSllEU.A S:OQM
WOltllelt'I COllll!'eHUTIOM ANO
£11"-CIYl!llS' LWMUTT
THE PROPRIETOR/
I PARTNEJl~CUTIVE
omCEAsARE
A I POLLUTION LEGAL
UASILITY
.... ·
INCl.
EXx:L
City of Englewood
3400 S. Elati Street
Englewood, CO 80110
Attn: Stewart Fonda
DEC 08 '95 13: 28
PRM 92104e1 04125/95 04125198
l.IMITI ..
PRCOUCTS • COWIOP AGG I
~ 6 ADV IN.AJAY S
S:IRE OAMAO~ (""1 one hl91 S
I .
OTMlliR T'MAH Al/TO ONl Y·
~ATE S
~OCCURRENCE
AGGREGATE s
s
Sl' A 'l\JT'OJtY Wiii/T'S
E.4CH ACCIOEHT I
~ • F'IO\JC'f LIMIT s
$3,000.000 Any one claim
$6,000,000 Annual aggregate
.,
SNOIA.D ""'0/1 TICI! A80ltl! ~ llOUCIU II CANCl!U.m IDOl!I T'HI!
Dll'llUoTIOlll D&TI! TMIQOll, TMI ...-,,IMO <:OIUMIY WILL OICIU-TO lllAll.
60 llA'l't WlttTTlll 11D11C1 TO T'MI!! ~Te NOIJ)b NAMCD 1"0 not Lf".
IUT 'AIUlll Ta .wt. l\lCH NCmCI! SMALl. 111.a&I lllO OIUO.&l'IOll om u.a&JTY
17085729858 PAGE.02
December 4 , 1995
Stu Fonda
City of Englewood
3400 South Elati
Englewood, Colorado 80110
Dear Stu :
UTILITIES DEPARTMENT
Administration
1470 South Havana Street
Aurora. Colorado 80012
303 /695-7370
I am enclosing a slightly revised agreement for Participation in the Wild and Scenic River Project.
The changes are on page 2 where we have deleted the statement that one share equals a 10%
participation. As we are not certain of the total participation, we cannot identify the percentage.
However, one share does remain at the $6,000 costs.
We have also changed the payment provision so that you will be asked to issue one check upon
signing the contract made out to the Metropolitan Water Providers. The Providers will then
administer the project and will send you a monthly accounting . Should there be any funds remaining
at the completion of the project, you will receive a pro rated return. I urge you to approve this
Agreement and return it to me at your earliest convenience.
I am also enclosing information from our legal counsel, Marcia Hughes, regarding upcoming Forest
Service open meetings . I urge you to attend the meetings and/or send a letter. Your participation
will make a difference! / 1. _ I z_ Z-c'1 q ~
D~) Yours truly,
~~~~~~
J::;~vJlJ-vA mt~f-~ !!z_
< () -A f 3 0 {) :e ~~ ~CJ F ~I ~ ~~ ~?:
:;;44
Drrector of Utilities
TG/pm
encl.
SOUTH PLATIE WILD AND SCENIC RIVER REVIEW
PROJECT PARTICIPATION AGREEMENT
THIS AGREEMENT is made and entered into as of this __ day of
, 19 , by and between the undersigned entities
-(h_e_r_e-in_a_ft_e_r_r_e-fe-r-re-d-to-as-"P_a_rt-ic-ip_a_n-ts"), -
WHEREAS, each of the undersigned ent1t1es, generally referred to as the
"Participants" are political or quasi-political subdivisions of the state, or are a corporation;
and
WHEREAS, each participant provides water to its customers, which water supply
may be adversely impacted by the wild and scenic river study process as well as the final
decision which may be made by the Forest Service, the President, or Congress;
WHEREAS, a coordinated effort responding to the wild and scenic river
considerations will best be addressed by a collaborative effort as provided under this
participation agreement;
NOW, THEREFORE, the Participants (being all the parties hereto, and hereinafter
collectively referred to as "Parties") for and in consideration of the premises and mutual
promises hereinafter contained and in the mutual reliance of each participant upon the
performance of this Agreement by each participant agree as follows:
1. The Project. The Project is generally referred to as the South Platte Wild and
Scenic River Review. The Project will involve a collaborative effort in providing comments
to the Forest Service and any other decision making agency regarding our collective
concerns and desires regarding the ability to protect the water supply and other relevant
functions of the North Fork and mainstem of the South Platte River. The primary steps to
accomplish this effort will be conducted through our attorney, whose activities will include
the following and will be directed by the Project Committee:
o meet with or have conversations with Forest Service staff people;
o gather relevant data from existing Participant documents and entities;
o coordinate with Participant members and prepare/present comments;
o work with DWD to encourage effective, timely, and coordinated comments;
o coordinate Congressional involvement;
1
o attend hearings/public meetings;
o review and rebut (in coordination with DWD) comments encouraging
designation; and
o explore and perhaps assist in developing alternatives to designation if the
Project Committee so desires.
This Project is limited to a final decision under the Wild and Scenic River
consideration process, which may be by the Forest Service, others in the Executive Branch,
or Congress and is limited to calendar year 1996.
2. Project Costs.
a. The term "Project Costs" means all of the costs incurred in completing
the Project in 1996 up to the maximum of $6,000.00 per share. Costs
will be for a pro rata share of all legal costs incurred in relationship to
the Project in accordance with Exhibit A, the Fee Agreement with
Marcia M. Hughes, P.C., which is hereby fully incorporated herein. It
is agreed that each individual entity will pay legal fees on a timely
basis by making a one-time payment upon signing this Agreement.
Payment will be made to the Metropolitan Water Providers. A
monthly accounting will be made, and any amount not spent on this
effort will be returned by the Metropolitan Water Providers.
Acceptance of this agreement constitutes acceptance of Exhibit A
b. It is recognized that each entity signing this Agreement, and thereby
participating in the Project, is relying upon one; another to fully
participate through completion of the Project or December 31, 1996,
whichever is earlier. The completion will either be issuance of a final
decision by the Forest Service, or others in the Executive Branch or
Congress or a decision to terminate the Project made in accordance
with the provisions of Paragraph 3 herein.
3. Length of Project/Amendment. This Project will run through December 31,
1996 , unless this Agreement is amended in writing to continue beyond that time. Any
number of members may extend this agreement recognizing that any members who do not
extend the contract will not be bound in any way by the extension. Any amendments to the
Agreement during 1996 may only be made upon unanimous agreement.
4. Project Committee. There is hereby created the South Platte Wild and Scenic
River Review Project Committee (''The Project Committee"), which membership shall
consist of one designated representative by each Participant. Each Participant may also
designate an alternate who may vote at any time the delegate is not present at a Project
Committee meeting. All actions taken by the Project Committee shall be deemed action
of all Participants and shall be taken in the name of all participants. Voting by members
2
of the Project Committee shall be one vote for one share. A quorum of the Committee
shall exist when 51 % of the shares are represented.
5. Powers and Duties of the Project Committee. The Project Committee may
have the power and duty to:
a. Elect a Chairman, Vice Chairman, Secretary and Treasurer, and establish
organizational rules.
b. Establish a Project Budget.
c. Commence and prosecute to conclusion the litigation described in paragraph 1
above.
d. Solicit bids and award contracts or ratify existing contracts, for the
performance of all work necessary for completion of the Project.
e. Make all decisions regarding the commencement, prosecution and settlement
of any litigation, provided that any settlement must be approved by the
representatives of Participants which have paid not less than 75 percent of the
Project Costs.
f. Take all other actions necessary for full and successful implementation of this
Project.
6. Effective Date: Threshold. The obligations of the Participants hereunder
should become effective as of January 1, 1996, regardless of the date of Participant's
execution and delivery of this Agreement.
7. Miscellaneous.
a. Entire Agreement. This Agreement represents the entire integrated
agreement among the Parties with respect to the matters set forth therein and
supersede all prior negotiations, representations or agreements respecting
those matters, either written or oral.
b. Amendment and Modification. Amendments or modifications to this
Agreement may be made only by unanimous agreement of all the Parties, or
substituted assignees, signatory to any of the counterparts hereof and shall be
evidenced only by a written instrument authorized and executed in the same
manner as this Agreement.
c. Sales · and Assignments. A Participant may not sell, lease, pledge or
assign any rights it may acquire hereunder to any entity not a Party to this
3
Agreement (other than to that participant's corporate successor, or to an
intergovernmental authority or other intergovernmental entity established in
part for the benefit of such participant) without the unanimous approval of all
the then Parties to this Agreement.
d. Venue. Venue for the trial of any action arising out of any dispute
hereunder shall be in the District Court in and for the County of Jefferson.
e. Severability. If for any reason any portion of this Agreement is
deemed invalid by a Court of competent jurisdiction, as violating the
Constitution of the State of Colorado or law limiting the authority of any of
the Parties hereto, the remaining portions of this Agreement shall remain in
full force and effect. ·
IN WITNESS WHEREOF, this Agreement, consisting of multiple counterparts, all
identical except as to the contribution of each Participant has been executed on behalf of
as of the day and year first above written,
~~~~~~~~~~~~~~~~
notwithstanding the date set forth below under the Participant's signature block.
PARTICIPANT
ATTEST:
4
EXHIBIT A
The Signatory to the South Platte Wild and Scenic River Review Project
Participation Agreement hereby agrees to hire Marcia M. Hughes, P.C . ("law
firm") to perform all legal services in connection with this matter. Said
Participant ("Client") authorizes and d irects the law firm to take all action which
the attorney deems advisable on the client's behalf as directed by the Project
Committee. ·
Client agrees to pay fees of $135.00 per hour for attorney's time and fees
of $50.00 per hour for legal assistant time. Client agrees to pay all expenses and
disbursements (including, but not limited to, mileage (if the round-trip mileage is
over 30 miles) parking, courier, postage, long distance telephone calls, telefax,
and photocopies) reasonably necessary to the proper performance of the legal
services .
In the event attorney institutes collection proceedings against Client for
fees or costs or disbursements owing under this contract, Client shall further pay
the expense of that collection effort including, but not limited to, attorney fees of
$150 per hour per attorney plus all costs and expenses . This attorney fee
provision includes Marcia M. Hughes' time as well as the time of any outside
counsel she may hire to handle the collection effort. Should a lawsuit be
instituted for collection purposes, and/or should Client dispute that the attorney
services were rendered properly or that the fees are owed, either party (attorney
or Client) may then demand that the entire matter be submitted to arbitration for
resolution. Upon such demand, any disputes concerning this Agreement and
the services rendered shall then be submitted to arbitration by the Legal Fee
Arbitration Committee of the Denver Bar Association , and the Client and attorney
agree to be bound by the results of such arbitration.
Client has read and understands this Agreement, and Client
acknowledges receipt of a copy of this Agreement. Client understands that a
favorable outcome is not guaranteed, and Client has been given no assurances
regarding the outcome of the Legal Matter . This document is the entire
agreement of the parties, and it shall not be modified except by written
agreement signed by the attorney and Client.
wild&sc\exha 1
Un ited Stat e s
Department of
Agriculture
Fores t Serv ic e
South Platte and North Fork of the
South Platte River
Rocky
Mountain
Reg ion
Wild and Scenic River Study
Highlights :
o Message from Forest Supervi sor
o Portions of rivers bei n g stud i ed
o Open house schedul e
o Questions and answe r s
Pike and San Isabel National Forests
Comanche and Cimarron National Grasslands
River Planning Team
1920 Va ll ey Drive, Pueblo , Colorado 6 1 006
T e lephone : (719) 545 -6737 -C o ntact : Steve Dav is
-=--~ .... ----
T
The Un1:ed St<Jtcs Ocp<Jnm en c of Ag11cul1ure (USDA) Forest Service is a diverse organ1zat1on committed to equal opponun1ry 1r,
0:nployncen t ;:ind program de:"·cry USDA prohibits d1scflmination on :he basis of race color . national 0T191n . sex. religion . 390
d1s;:ibil1:,•. pol1t1cal ahil1at1or· :lnd f.:imil1al status Pe1sons believing they have been d1sc11minatcd :iga1nst should conta c t :'1-:,
Scc rcti!rv US Ocp2nme111 o ' ,'.,g:icul:ure Wnshing ton DC 20250 . 01 <:all 202-720-7 327 (v0 1cc1 o: 202-720-1127 (TT'ft
United States
Depa~ment of
Agriculture
Dear Citizen,
Forest
Service
!"like: ar.d San ~~abe:I
National Fore!.ts
Comanche and Cimarron
National Grasslands
1920 Valley Dr.
Pueblo, CO
81008-1797
(719) 545-8737
File Code: 2350
. Date: OIOV 21 ..
We are In the process of beginning a Wild and Scenic River Sultablllty Study on portions of the South
Platte River and the North Fork of the South Platte River In Douglas, Jefferson, and Park Counties,
Colorado, and you are invited to become involved.
The segments under study include the South Platte River from below Elevenmile Dam to the high w2ter
line of Cheesman Reservoir, the South Platte River from below Cheesman Dam to the high water line of
Strontia Springs Reservoir, and the North Fork of the South Platte River from below Bailey to its confluence
with the South Platte. Included in the study are are lands within 1/4 mile of the high water mark of these
study segments.
The purpose of the study is to determine if a recommendation should be made to Congress to add any
river segment to the National Wild and Scenic Rivers System. The study will consider whether the areas
would make worthy additions to the National System and if so, what effect designation might havtJ on
current and potential uses. The study findings will be documented in a draft Environmental Impact
Statement which is scheduled to be forwarded to the Regional Forester in the summer of 1996.
We are interested in your issues, concerns , Ideas, and recommendations on whether or not these
rivers should be added to the national system. Please contact us with your comments, or fill out and
return the attached comment form.
You may also learn more about the Wild and Scenic Rivers Act and comment on whether these rivers make
a worthy addition to the national system by attending any one of our open houses listed on page 4 .
Key milestones in the study process are: identifying the issues and concerns in December 1995, de velop-
ing a range of alternat ives by March 1996, and completing a draft Environmental Impact Statement by July
1996.
We hope that you will participate in our river planning efforts and look forward to hearing from you'
Sincerely,
'J' . I .1 ,, . '-.// .... /I /.Zl"\lh,;__, ;;,<.u. l'-<-·'f /
{'." RICK 0 CABLE S f
Forest Supervisor
Enclosure
Ca ring for the Land and Serving People
FS-6200·28 (7·82)
Stream
Nc'rth ~ark of the
South Platte River
South Platte River
South Platte River
Monday, December 11
Tuesday, December 12
Wednesday , December 13
Thursday , December 14
LISI OF STUDY SEGMENTS
District Length Description
(Miles)
South Platte 23.1 Fram upstream boundary of Berger
property, near lnsmont {downstream of Bailey)
to its confluence with South Platte River
South Pla tte 23.0 From below Cheesman Dam to the high water
line of Strontia Spring~ Reservoir
South Park 22 .8 From below Elevenmile Dam to the
South Platte high water line of Cheesman Reservoir
TOTAL 68 .9
OPEN HOUSE SCHEDULE
Denver 4pm-8pm
Bailey 4pm-8pm
Deckers 4pm -8p m
L2ke George 4pm -13 pm
Kassler Center -south of Chatfied Res-
ervoir. Take State Highway 75 (Wad-
sworth Boulevard) south to Watenon
Road .
Farmers Union Educational Center -
one mile south of
-·-Bailey on County Road 68.
Shady Brook YMCA Camp
Two miles south of Deckers on gravel
County Road 75 .
Lake G eorge Community Buildi ng
One mile west of Lake George on u S
South Park Ranger District
District Ranger Dan Jir o n
P.O. Box 219
320 Highway 285
Fairplay, CO 80440
(719) 836-2031
South Platte Ranger District
District Ranger Pam Devore
1931 6 Goddard Ranch Court
Morrison, CO 80465
(303) 275-5610
WHO TO CONTACT?
5
Project Coordinator
Steve Davis
Pike and San Isabel National Forests
Cimarron and Comanche
National Grasslands
1920 Valley Drive
Pueblo, Colorado 81008
(719) 545-8737
QUESTIONS AND ANSWERS
Why are these streams being studied?
Th e stream s co nsi d e red in this document hav e
b een determ in ed to b e el ig ible for study as pot e n-
t ia l Wild and Scenic Rivers and are being studi ed
pur s uant to se cti o n 5 (d) of the Wild and Sce nic
Riv e rs Act. Th is s ection states that in a ll plannin g
for the use and development of water and related
land resources , consideration should be given to
potential national wild , scen ic , and recreational riv -
er areas .
What is a Wild and Scenic River?
It is a free flowing river or river segment with out -
standing scenic, recreational, geologic, fish and
wildlife , historic , archeologic , or other values which ·
has been designated by act of Congress or the
$ecretary of the Interior as a part of the National
Wild and Scenic Rivers System (Public Law
90-542).
What is the purpose of the Wild and Scenic Riv-
ers System?
Co ngress pass e d th e W ild and Scenic Rivers Act
in 1968 t o p reserve so m e of the Nation's ri vers in
their nat ural state. In the Act, Congres s d ec lared
"The established national policy of dam and oth-
er co nstruction ... needs to b e complemented by
a policy th at would preserve oth e r sele ct ed riv-
ers or sec t ions thereof in t heir free-flo w in g con-
dition to protect the water qua lity of suc h rivers
and t o fulfill other vital na t ional conservation
purposes.·
To accomplish thi s goal. Congress created the
National Wild and Scenic rivers system, a nd an-
nounced a policy that:
·certain selected riv ers of the Nation which . w1tl1
their immediate environments, possess out -
standingly rem arkable sce nic, recreationa l.
geologic, fish and wildlife, historic, cultural. or
other similar values. st1all be preserved in free -
flowing condition , and ... shall be protected lor
the benefit and en1oyment of present and future
generations ."
W hy ar e som e ri vers add e d t o the National Wil d
and Sce nic Ri ve r sys t em?
There are some general reasons for including riv -
ers in t he Na t ional System
6
o To includ e so m e o f th e more promin en t ri vers as
a way of prov iding national recognition and a lega -
cy to future g en eration s.
o To include a var iety of all types of free-flowing
rivers in the system , whether they are in very re-
mote areas or flowing through developed areas .
o To keep selected rivers, or river segments, in a
free -flowing condition and to recognize their im-
portance to our natural and cultural heritage .
o To designate rivers because of their existing
attributes and uses, including a river's natural, rec -
reational, and cultural values.
o To recognize the need to provide partnerships
between landowner, local , state, and Federal
agencies in determining the future of the river area.
What does it mean when a river Is added to the
National Wild and Scenic River system?
If a river is designated wild and scenic it does not
mean that it would be managed like a wilderness
area. Rather, the river is managed to mainta in and
enhance its c urrent character. Existing uses like
resident ial developme nt, agriculture, and recre -
at ion may continue , while new uses must be con -
sistent with the outstandingly remarkable va lues
t hat were identified . Fed eral water projects , in c lud -
ing d ams , are prohi b ited.
How does the Wild and Scenic Rivers Act wor k?
Designat ion of a r iver unde r the Wild and Scenic
Rivers Act affor d s t he river c ertain legal p ro te ctions
from adve rse development and provides a mecha-
nis m fo r man agement of r ive r re so urc e d evelop-
ments. The principal effect o f the act is to preclude
or severe ly limi t the co nstru cti o n of dam s and oth-
er water resource deve lop m e nts. Designation also
affec ts the man age m en t of Fed e ral la nds in the
river co rrid or.
What is the role of th e Federal govern me nt on
Wi l d and Scenic Riv e r s?
Rivers which are desi gna ted by act o f Congress
are adminis tered by one of tt1e following agencies .
Forest Service -USDA
National Park Service -USDI
Bureau of Land Management -USDI
Fis h and Wil dlife Service -USD I
It 1s the responsibility of t he Fede ral agencie s to
assu re th at t he values for which th e river was des -
ignated are protected and m a d e av ai lab le for the
public to enjoy . Some examp les of this i-: ederc;l 1 u;e
ar e to:
o Develop the ri ver management plan, in consulta-
tion with state and local agencies and private inter -
ests.
o Manage the fed erally owned land s in the riv er
corridor
o Manage recreaticnal use on the riv er if neces-
sary to maintain river qual it ies .
o Participate in legal proceedings or Congress ion -
al actions which pertain to activities and uses of
the river corridor.
What is the role of the State government on fed-
erally administered Wild and Scenic Rivers?
The State has a very impo rtant rol e. The State 's
responsibil ities include:
o Regulations and enforcement for fishing and
hunting activiti es.
o Water rights and water ap propriation .
o Dev elopm ent a n d adrn 1n 1s tr at ion of wat er quality
st an d ar d s.
o Ad ministrati o n of State land u se regula ti ons on
n o n -fed e ral land s.
o Ma naging S t at e la nd s and St ate facilit ies (incl ud-
in g Stat e h ig hw ays parks . recreatio n a reas , etc)
a long the r ive r.
What ette ct would designation ha ve on th e u se
of private property?
Unde r t he Wild and Scenic Ri ver Ac t. the rnc.nag ·
1ng agency has little regulatory aut hority over pri -
vate land s . It can not zone , c t1 ange wat er r1glits. or
att ec t p ri v at e timb er , grazing, o r agr ic u lt ur e act ivi-
ti es . The rol e o f th e ma nagi ng agen cy is to a ss ist .
ad v ise. and coo p erat e with land o w ners t o p la n.
p ro tec t . and m anage river res our ces . Und er ra re
circ um s t ances w here the o ut stan di n gly rem a rk-
able va lu es a r e being adverse ly imp ac ted by new
develop m ents. t he managing agency does t1ave
;he ri ght t o condemn an easemen t to ensure t11a t
t t1ese valu es are protected This would only occur
as a la s t re son afl er all ot11er eHons 11ave fa il ed
7
Wo:.;:d designation lead to people trespa ss ing
on my property?
Des ignation does not o;:ien privat e lar.d s to publi c
access. Landowners can continue to p ost th eir
property . Developed access points and recreation
user faci litie s would usually l1elp to redu ce th e
trespa ss and impact on both private · and public
lands.
What affect would Wild and Scenic River desig-
nation have on water rights and water develop-
. ment?
Designation has little effect on valid water rights .
The Act says "the jurisdiction of States over waters
of any stream included in a national wild, scenic. or
recreational river area shall be unaffected by this
Act to the extent that such jurisdiction may be
exercised without impairing the purposes of this
Act or its administration .
The Wild and Scenic Rivers Act expressly prohibit s
any Federal agency from assisting in the construc -
tion or licensing of any water resources proje ct
that would have a "direct and adverse ettecr on
designated Wild and Scenic Rivers . This includes
new hydropower project dams and reservoirs re -
··.,,...
quir!~g Federal Energy Regulatory Co mmission li-
censing . Existing dams , diversions , i;rigation ~ys
tems . and similar water projects locaied on desig -
nated river segments are not attect ed. New water
project proposals affect the anributes which made
the river eligible for inclusion in the Wild and Sce -
nic Rivers System .
How would Wild and Scenic Rive r designation
affect timber harvest en National Forest System
land both within the study corridor, .as well as
the adjacent "seen· area?
The existing Land and Resourc e Management
Plan (Forest Plan) for the Pike an d San Isabel Na -
tional Forests and Comanche and Cimarron Na-
tional Grasslands identifies mana gement area di-
rection for all areas within and •seen· from the
study river corridors. The plan c lassifies the areas
as either being suitable or unsuit able timberlands.
Those portions of the areas classified as suitable
are included in the Forest's harvestable timber
base and are included in the calculation of the
allowable sale quantity (ASQ).
If a river is designated as Sce n ic or Recreational,
the area within the designate d river boundary (no
more than 320 acres per river mile) may or may not
be removed from the harvest a ble timber base and
ASO calculations depending on t he river manage-
ment plan adopted for the corridor. Under eith er
option, commercial t im ber h arvest could still oc -
cur, if it enhanced and protected the river's out-
standingly remarkable values. Suitable timb er-
lands within the corridor's seen area would rem ain
in the harvestable timber base and calculated
ASO. H arvest on th ese lands would be con -
strai n ed ove r tim e by high er visual quality obiec-
ti ves.
What impacts would Wild and Scenic River d es-
ignation have on mining ?
Th e Wild and Scenic Riv er s Ac t permits min eral
explo ra ti o n and devel op ment 1n river segments
tl 1a t are classified as Scenic or Recreational , pro .
v1 de d that such act1vit1e s can prote ct and enl1an ce
th e values for which t h e river was des igned to
protect. Operators must file a plan of operations for
such work and th en th e work must be review ed
under N ationa l En vironmental Protection Act pro -
cedures, with approp riate mitigation mea sure s
spec ifi ed by th e Fores t Serv ice.
Designated Wild river s egments are norma lly with -
drawn from subsequ ent minera l e ntry, s ubj ect to
existing valid mineral rights .
8
How is a river added to the National Wild and
s .:;en!:: RIV(;l'S System?
Only Congress , with Presidential approval, can
add a river to the national system with Feder al
admir 1istration . The Forest Service evaluates river s
within or adjacent to the national forests and re c-
ommends to Congress which rivers should be
added to the National Wild and Scenic Rivers Sys-
tem . The river corridor considered generally ex-
tends for 1 /4 mile from each bank for the length of
the study river segment. A river can also be added
to the national system with State administration by
a recommendation by the Governor and Legisla -
ture and approval by the Secretary of Interior.
The Wild and Scenic Rivers Act requires a study
process which has three major components: the
eligibility study, classification analysis, and suit-
ability study.
Eligibility Study
The eligibility study determines if a river meets
minimum requirements for addition to the na-
tional system . To be eligible a river must be
free-flowing and possess one or more of what
the Act calls ·outstandingly remarkable values·.
Outstandingly remarkable values are defined as
those that are unique, rare , or exemplary from a
regional or nat ional standpoint. Such values in-
clude scenic, recreational. geologic, fish, wild-
life, historic cultural, preh isto ric cultural, trad i-
tional us e cultural , vegetation/ecologic, or other
sim ilar value s. To be unique, a resourc e should
be one-of-a-k ind. To be exemplary, a resour ce
s hould be one of the bener examples of that
type of resourc e.
Classification Anal ysis
River segment s found e lig ible are the n class 1·
tied as Wild , Scenic, or Recreational, based on
the degree of d evelopment a nd acce ss along
the river and within 1 /4 mile of eac h bank .
Wi ld rivers have essen1 1ally primitive shore li ne s
and unpolluted waters, and are generally 1n ac
cessible in places by roads . Re c reational ri vers
may have some development along their sh o re.
lin es and are readily accessible by road .
Suitability Study
The final step, th e suitability study, determines
whether eligible rivers are appropriate addi -
tions t o the National Wild and Scenic Ri vers
Sys tem . The study 1s documented in a leg1 sla -
tive environmental impact statement (L ~I S~.
which recommends action to Con gress b ased
on the follow ing :
o The characteristics wh ich do or d o n et
make the rivers worthy additions to th e
national system.
o The current status of land ownership and
use in the area .
o The reasonab!e foreseeable pot ential us -
es of the land and water which would be
enhanced, foreclosed , or curtailed if the
rivers were included in t he National Wild
and Scenic Rivers System;
o Federal, State, and local government in-
terest in designation of the river, includ-
ing the extent to which the administration
and costs may be shared by State and
local agencies.
o The estimated cost to the Federal Gov -
ernment to admin iste r the rivers, if added
to the system.
The Forest Supervisor, through the Regional For -
ester. will forward the EIS to the Secretary of Agri -
culture recommending those rivers that should be
added to the system. Congress wi ll ultimate ly de-
cide whether th e riv ers are desig nated Wild and
Scenic.
What is the Forest Servic e doing now?
The Forest has accom plishe d the first two steps
toward designati on. An eligi b ility study for th e
22.8-mile segment of th e Sout h Platt e Riv er be-
tween Elevenmiie Dam and the high water lin e of
Cheesman Re servoir was comp leted in 1984 as
part of the Fore st Plan . It iden tified this segment as
free -fl owing with five outst andingly remarkable val -
ues and thu s fou nd it eligible fo r further stu dy . A
preliminary el igibil ity stu dy, comple t ed 1n Nove m -
ber 1995, examined a 23-mile segment of the
Sou th Platte Riv er from below Cheesman Dam 10
the high water line of Stront1a Springs Reservoir
and th e entire 52 5-mile North Fork. It conc luded
th at a 23.1-mile segment of the Nort h Fork, from
the upstream end of the Berger property (n ear
lnsmont) to the conflu ence with the South Plan e.
and the entire 23-rnile South Plan e segment. are
fr ee-fl owing wi th thr ee outs tand ingly rema rkable
9
'12!ues and a~a thus eligible for further stud y. Po -
tential classifications and ide;itifieu oucstandi:igly
remarkable values were assigned for each eligible
segment. A summary of the results is d!splay~d on
page 10 .
Rivers found eligible for designation are not neces -
sarily appropriate additions to the system . The
Forest is now considering whether each eligible
segment would be a suitable addition to the Na-
tional Wild and Scenic Rivers System.
In our suitability study, we are evaluating and de-
veloping alternative actions for the study seg -
ments. The study will be documented in a EIS
which will recommend one alternative to Congress
and the President for a final decision. We plan to
complete the draft EIS by the summer of 1995 and
the final by the end of 1996.
How would rivers be managed between now and
the time Congress takes action on the study
recommendations?
All eligible river segments would be managed to
maintain or enhance their outstandingly remark-
able values and free-flowing condition, and not
adversely affect potential eligibility, suitability , or
classification.
How can I provide input to the suitability study?
We really need yo ur help! Review the elig ibill!y
summary, the questions and answers, and th e out·
standi ngly remarkabl e values that have been iden-
tified for each river segment (page 10). A sk your-
self the followin g questions: Do you agree with lhe
eligibility summary? Have all the outstandin gly re-
markable values been identified 7 What do you feel
about including some of these rivers in the Nation-
al System? What are your concerns? How might
this affect you? Are th ere some river segment s that
sho uld or should not be designated, and why?
What are the issues in deve lop ing re commenda -
tions for or again st wild, scenic, or re c reat1011;;1
designation?
We invite you to bring yo ur qu es tion s and 1d e2s 10
our upcoming open houses or writ e or call tl1e
project coordinator or o ne of th e Dis tri c t Rang ers
Their names, addre sses . and telephone numbers
are found on pa ge 5.
Eligibility Summary by River Segment
LENGTH I POTENTIAL OLITST ANDING
RIVER (miles) SEGMENT CLASSIFICATION VALUE(S)
Nonh Fork of 23.1 From upstream boundary of Recreat ional Cultural , Fisheries , Recreation
the Sou th Berger Property, near In s-
Plane River mont (downstream of Bailey}
to confluence with South
Platte River
South Platte 3 .0 From Cheesman Dam t o Wild Fisheries. Recreation, Wildlife
River upstream boundary o f
Wigwam Club Property
South Platte 13.8 From below Elevenmile Recreational Fisheries, Recreation. Wildlife
River Dam to Beaver Creek
South Platte 20.0 From upstream boundary of Recreational Fisheries, Recreation, Wildlife
River Wigwam Club property to
high water line of Str ontia
Springs Reservoir
South Platte 9 .0 From Beaver Creek to high Recreational Fisheries. Recreation. Wildlife
River water line of Cheesman
Reservoir
10
VICINITY MAP 0
,,......._
\
"-
"\..
~ LOST
.........
\. CR~)
(
/
ffe_ocRNESS
OOM:R /
20 K.ES
Wild and Scenic River Study Area s
r~
Soulh Plolte and North Fork of !he South Platle Rivers
Rivers
Hi<j"lways
Other Roods
Noliord F omt Boundary
Rmger Districl BOUPCicry
~ River Study Areas
~ Rese--voirs
. WOULD YOU LIKE To·coMMENT OR BECOME INVOLVED?
Please check all that apply and mail tu :
Pike and San Isabel National Forests,
Comanche and Cimmarron National Grasslands
1920 Valley Drive
Pueblo. CO 81008
A TIN : River Planning
I would like to pa rt icipate in the study process.
I do not wish to remain on your mailing list.
I would like to re c eive future mailings to keep informed of the study team 's progress and decisions ..
See enclosed comments.
I would like to see these issues addressed :
. < ')
TO :
FROM :
DATE :
RE:
MARCIA M. HUGHES, P.C.
Attorney and Counselor At Law
MEMORANDUM
Metropoli tan Water Providers and
Potent ial Participants
Marcia M. Hughes
Novembe r 30, 1995
Upcoming Forest Service Meetings on Wild and Scenic
River C o nsideration
I am enclosin g a newsletter just distributed by the Forest Service for your
review . If you will turn to page 4, you will note the listing of four open meetings,
the Forest Service is going to hold from 4 :00 to 8 :00 p.m. on December 11 , 12 ,
13 , and 14 , 1995 . We strongly urge you to attend one of these meetings and
send a letter. Shoul d you need any help in preparing the letter, you may call
980-8668 . If you ar e going to attend , we would apprec iate it if you would let Bob
Tonsing 's office kn ow by calling 347-0017 .
The scope of the Forest Service action has now significantly changed . An
Environmental Imp act Statement is being formally initiated. In addition , the area
already determine d el ig i ble from Eleven Mile to Cheesman will be considered as
a part of th is Envi ro nmental Impact Statement. The EIS cons iders both e l igibility
and suitab i lity . El ig ib i l ity is the only question we have been allowed to discuss
by the Forest Service in the past. That is framed by the questions of whether the
river is "free -flowi ng" and whether there are outstandingly remarkable values .
Suitability has a much broader scope . With this broadened scope, the Forest
Service is asking w hat adverse impacts a designation would have for your city ,
county or district . Thus , the soc io-economic benefits , which have never been
considered by th e Forest Service are now finally relevant. Please note that the
scope of the i mp act is potentially extremely broad . The entire ability to operate
your water flows t hrough the South Platte may be severely restricted by such a
designation .
We urge y ou to subm it comments to the Forest Service . You may tear off
the last page of the enclosed newsletter in order to get on their mailing list and
attach a letter w h en mailing it in. Remember that the scope is broadened so that
390 Union Bouleva rd , Sui te 4 15 Lak ew ood , Colorad o 80228-1 556
(303) 980-8668 FAX (30 3) 980-95 5 1
MEMORANDUM
November 30, 1995
Page 2
the Forest Service is now considering the mainstem from Eleven Mile to Strontia
and the North Fork. The potentially eligible area constitutes 69.8 miles! In
addition, the scope of what is relevant is now broadened to include all impacts of
a potential designation. Sorne of the potential concerns include:
* The Forest Service will manage the river and a one and a half mile corridor
restrictively to protect the river's eligibility and classification potential until
final decisions are made whether or not the river will be designated. This
could take a significant period of time . The result could be an impairment of
the ability to review federal permitting decisions for several years if the
Forest Service does not move forward promptly.
* If any designations are recommended by the Fore st Service, the
recommendation will come from DC, including the President, and will only be
enacted upon Co ngressional action. This could mean a hotly debated
political matter.
* The extent of the f ederal "lock up " of the river during the study time can be
extreme . As a recent Forest Service document states , it will :
1. Not allow modification of the free flowing characteristics of any
identified river to the extent it is authorized to control stream
impoundments and diversions .
2 . Outstanding values on the identified segments which have been
identified as outstandingly remarkable must be protected and, "to the
extent practicable , enhanced ."
3. Management and development of the identified river segments and
their corridors cannot be modified to the degree that eligibility or
classification would be affected .
* This federal lock up could prohibit dams or other structures from being
developed as well as 404 permits from being issued for activities such as
channelization .
* A designation could also result in extremely limiting the ability of water users
to regulate flow through the stream. This could include restrictions on either
increasing or decreasing the flow because of the federal desire to protect
particular activities such as kayaking or fishing , if those were to be
designated classifications . Thus, the impact can be both on the ability to
store water on the stream as well as on the ability to regulate water moving
through the stream .
MEMORANDUM
November 30 , 1995
Page 3
* There may also be impl ications on storing or moving water on other streams
which have some affect on the South Platte . Currently in Trout Unlimited v .
Dept. of Agriculture , Trout Unlimited is alleging that the Forest Service has
violated the Wild a nd Scenic Rivers Act by failing to require minimum bypass
flows to protect and enhance the Cache La Poudre River, a wild and scenic
river, even though the stream under question is not designated as a wild and
scenic river . The water in the stream at issue flows into the designated river.
Thus, the implicat ions could be much broader than even the particular area
now under focus .
* More restrictive w ate r quality regulations are likely to apply, including
antidegradation regulations .
* The Forest Servi _ce is l ikely to seek a federal reserve water right to protect
their interests on this stream . This was done as a part of the Poudre wild and
scenic river desi g nation.
* The limitations on the regulation of flow or in making transfers could have
impacts on projects such as the Kiowa Project , which was proposed some
time earlie r, conj unct ive use, and on transfers . Thus , the flexibility to meet
water needs in th e metropolitan area could be severely restricted.
* The result of all these concerns could be significant socio-economic
consequences to many of the people in the metropolitan area and , thus, to a
large percen tage of the people in the State of Colorado.
As I am putting comments together for the Forest Service , I would
appreciate any data you have to address these points or other concerns. Please
call me with any data or questions which you have. Thank you for your
consideration .
MEMORANDUM
T 0 : Doug Clark, City Manager
Susie Grac e, Assistant To The City Manager
Randie Barthlome, Director Administrative Services
Frank Gryglewicz, Director of Financial Services
Bob Simpson, Manager of Neighborhood & Business Development
Hank Long , Director of Library Services
Charles E s terly, Director of Public Works
Jerrell Bl a ck, Director of Recreation & Parks
Al Stanley, Director of Safety Services
Stu Fonda, Director of Utilities ~
Carolyne Boettger, Court Adm · · strator
FROM: Dan Brotzman, City Atto
DATE : December 8, 1995
REGARDING : Cultural Affai
Attached is a draft ordinance establishing the Englewood Cultural Affairs C0mmission .
It would be a good idea to take this proposal back to your boards and commissions to obtain
their input on the joint budget priority meeting. This ordinance is tentatively scheduled on
the Future Council Ag enda for February of 1996.
Attachment
DB/nf
17 .
.,:.'!!:#'.'
Pn r.:2d en Rec yc led ·Paper '2 '.'...:·
DRAFT 8 1218195
ORDINANCE NO .
SERIES OF 1996
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. __ _
INTRODUCED BY COUNCIL
MEMBER ______ _
AN ORDINANCE CREATING A CULTURAL AFFAIRS COMMISSION AND
COORDINATING BUD GETARY ISSUES OF THE CULTURAL AFFAIRS
COMMISSION WITH THE OTHER RECOMMENDING BOARDS AND
COMMISSIONS FOR THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, arts and cultural activities are important to the very essence of the
City of Englewood's community; and
WHEREAS , the City Council recognizes that art and cultural activities are
necessary components of the community; and
WHEREAS , a separate .commission is necessary to address the specific issues of
art and culture; and
WHEREAS , the City Council has identified the coordination of community efforts
with regard to the provision of services to the citizens; and
WHEREAS , a coordinated budget meeting would provide ample opportunity for
each recommending board and commission to help prioritize necessary projects for
the City; and
WHEREAS , a j oint meeting of the Culutral Affairs Commission , the Parks and
Recreation Commission, the Water and Sewer Board, the Planning and Zoning
Commission , the Public Library Board and the Keep America Beautiful Commission
will be established to effectuate Council's desire for community participation as a
whole, and more s pecifically, community participation for the settingof prorities in
the budgetary process ;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO, AS FOLLOWS :
Section l. The City Council of the City of Englewood hereby approves amending
Title 2 , of the Englewood Municipal Code 1985, by adding a new Chapter 9
establishing the Cultural Affairs Commission , which shall read as follows:
2-9: CULTURAL AFFAIRS COMMISSION.
2-9-1 : PURPOSE .
THERE IS HEREBY CREATED A CULTURAL AFFAIRS COMMISSION. THE
PURPOSE OF THIS COMMISSION IS TO PROVIDE FOR ONGOING
SYSTEMATIC PLANNING FOR THE DEVELOPMENT OF CULTURAL ARTS
ACTIVITIES WITHIN THE CITY OF ENGLEWOOD AND TO IMPLEMENT AN
ARTS PLAN .
-1-
2-9-2 : DEFINITIONS.
WHEN USED IN THIS TITLE , THE FOLLOWING WORDS OR PHRASES SHALL
HAVE THE FOLLOWING MEANINGS :
ARTS COMMUNITY SHALL MEAN PERSONS WHO CREATE ART OR WHO
HA VE SERVED ON ARTS ORGANIZATION BOARDS ,
EITHER ADVISING OR GOVERNING, OR WHO ARE
INVOLVED IN ARTS EDUCATION OR ARTS
ADMINISTRATION AND SHALL INCLUDE
REPRESENTATIVES OF BUSINESSES OR OTHER
ORGANIZATIONS WITH AN INTEREST IN
PROMOTING THE ARTS.
ARTS PLAN SHALL MEAN THE PLAN ESTABLISHED BY THE
ENGLEWOOD CULTURAL AFFAIRS COMMISSION
FOR THE CITY OF ENGLEWOOD .
COMMISSIO N SHALL MEAN THE ENGLEWOOD CULTURAL
AFFAIRS COMMISSION .
2-9-3 : COMPOSITION AND MEMBERSHIP.
THE CU LTURAL AFFAIRS COMMISSION SHALL BE COMPOSED OF ELEVEN
(11 ) MEMBERS , WHO SHALL BE APPOINTED BY THE CITY COUNCIL AND
SHALL SERVE FOR A PERIOD OF THREE (3 ) YEARS . COMMISSION MEMBERS
SHALL BE DRAWN FROM ACTIVE PARTICIPANTS IN VARIOUS ASPECTS OF
THE ARTS COMMUNITY.
2-9-4 : TERMS OF MEMBERS.
THE TERM OF OFFICE OF THE MEMBERS FIRST APPOINTED TO THE
CULTURAL AFFAIRS COMMISSION SHALL BE FOUR (4) MEMBERS FOR A
TERM OF THREE (3) YEARS , FOUR (4 ) MEMBERS FOR A TERM OF TWO (2 )
YEARS , AND T H REE (3 ) MEMBERS FOR A TERM OF ONE (1) YEAR.
THEREAFTER, ALL SUBSEQUENT APPOINTMENTS SHALL BE FOR A TERM
OF THREE (3 ) YEARS .
2-9-5 : COMPENSATION.
THE MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT
COMPENSATI O N .
2-9-6 : POWERS AND DUTIES.
THE CULTURAL AFFAIRS COMMISSION SHALL HAVE THE FOLLOWING
POWERS AND DUTIES :
A. SET P RIORITIES FOR THE IMPLEMENTATION OF THE ARTS PLAN ,
INCLUDING AN ANNUAL REVIEW OF THE PLAN .
B . PLAN AND COORDINATE THE IMPLEMENTATION OF THE ARTS
PLAN IN COOPERATION WITH THE COMMUNITY.
-2-
C . PROMOTE ACCESS AND SUPPORT FOR A VARIETY OF CULTURAL
ARTS PROGRAMS TO ALL POPULATIONS AND SECTIONS OF THE
CITY .
D . INITIATE, SPONSOR, OR CONDUCT , IN COOPERATION WITH
OTHER PUBLIC OR PRIVATE ORGANIZATIONS , PROGRAMS TO
FURTHER THE DEVELOPMENT AND PUBLIC AWARENESS OF, AND
INTEREST IN, THE CULTURAL ARTS INCLUDING, BUT NOT
LIMITED TO , THE GOALS AND. OBJECTIVES OF THE ARTS PLAN.
E . EXPEND AND ADMINISTER, SUBJECT TO CHARTER AND OTHER
ORDINANCE PROVISIONS , APPROPRIATED AND BUDGETED
FUNDS FOR THE COMMISSION.
F . APPLY FOR AND ACCEPT GIFTS , GRANTS, FUNDS ,
CONTRIBUT IONS AND BEQUESTS IN FURTHERANCE OF THE
PURPOSES OF THIS ARTICLE FROM INDIVIDUALS AND PUBLIC
AND PRIVATE ENTITIES , AGENCIES , FOUNDATIONS , TRUSTS ,
CORPORATIONS AND OTHER ORGANIZATIONS OR INSTITUTIONS .
G . THE COMMISSION SHALL SUBMIT TO CITY COUNCIL, NO LESS
THAN ANNUALLY, A SUMMARY OF ACTIVITIES AND A PROGRESS
REPORT IN ADDITION TO ANY OTHER MATTERS OF CONCERN TO
CITY COUNCIL .
H . SUCH OTHER POWERS AND DUTIES AS ARE APPROPRIATE IN
CARRYING OUT THE PURPOSES OF THIS CHAPTER AND AS SET
FORTH IN REPORTS OR RECOMMENDATIONS ADOPTED BY CITY
COUNCIL .
2-9-7: APPOINTMENT OF OFFICERS AND ADOPTION OF RULES.
A. THE COMMISSION SHALL ORGANIZE , ADOPT ADMINISTRATIVE
RU LES AND PROCEDURES AND ELECT FROM ITS MEMBERS SUCH
OFFICERS AS IT SHALL DEEM NECESSARY TO ACCOMPLISH ITS
P U RPOSES . OFFICERS OF THE COMMISSION SHALL BE ELECTED
FOR ONE-YEAR TERMS . NO OFFICER SHALL SERVE IN THE SAME
CAPACITY FOR MORE THAN TWO (2 ) CONSECU'J'IVE TERMS .
B . THE CHAIRPERSON MAY APPOINT SUCH STANDING OR SPECIAL
COMMITTEES FROM THE MEMBERSHIP OF THE COMMISSION AS
THE COMMISSION SHALL DETERMINE NECESSARY OR USEFUL IN
CARRYING OUT ITS PURPOSES AND POWERS . THE PURPOSE ,
TERM AND MEMBERS OF EACH COMMITTEE SHALL BE
DETERMINED BY THE CHAIRPERSON.
Section 2. The following Chapters under Title 2 shall be amended to coordinate
budgetary considerations and provide for a coordinated meeting of the Cultural
Affairs Commis i on , the Parks and Recreation Commission, the Water and Sewer
Board, the Planning and Zoning Commission, the Public Library Board and the Keep
America Be autiful Commission. The following Chapters and Sections of Title 2
shall r ead as follows :
-3-
2-2: PUBLIC LIBRARY BOARD
2-2-5 : THE PUBLIC LIBRARY BOARD , THE CULTURAL AFFAIRS
COMMISSION, THE PARKS AND RECREATION COMMISSION, THE WATER
AND SEWER BOARD, THE PLANNING AND ZONING COMMISSION AND THE
KEEP AMERICA BEAUTIFUL COMMISSION SHALL MEET 60 DAYS PRIOR TO
THE SUBMISSION OF THE BUDGET BY THE CITY MANAGER TO COUNCIL
AND SHALL RECOMME ND A COORDINATED AND PRIORITIZED LIST OF
PROGRAMS, PROJECTS AND ACTIVITIES TO THE CITY COUNCIL .
2-3: WATER AND SEWER BOARD
2-3-3: THE WATER AND SEWER BOARD , THE CULTURAL AFFAIRS
COMMISSION, THE PARKS AND RECREATION COMMISSION, THE
PLANNING AND ZONING COMMISSION, THE PUBLIC LIBRARY BOARD AND
THE KEEP AMERICA BEAUTIFUL COMMISSION SHALL MEET 60 DAYS PRIOR
TO THE SUBMISSION OF THE BUDGET BY THE CITY MANAGER TO COUNCIL
AND SHALL RECOM MEND A COORDINATED AND PRIORITIZED LIST OF
PROGRAMS , PROJECTS AND ACTIVITIES TO THE CITY COUNCIL .
2-4: PARKS AND RECREATION COMMISSION
2-4-4 : THE PARKS AND RECREATION COMMISSION, THE CULTURAL
AFFAIRS COMMISSION , THE WATER AND SEWER BOARD , THE PLANNING
AND ZONING COMMISSION , THE PUBLIC LIBRARY BOARD AND THE KEEP
AMERICA BEAUTIFUL COMMISSION SHALL MEET 60 DAYS PRIOR TO THE
SUBMISSION OF THE BUDGET BY THE CITY MANAGER TO COUNCIL AND
SHALL RECOMMEND A COORDINATED AND PRIORITIZED LIST OF
PROGRAMS , PROJE CTS AND ACTIVITIES TO THE CITY COUNCIL.
2-5: PLANNING AND ZONING COMMISSION
2-5-2 : THE PLANNING AND ZONING COMMISSION, THE CULTURAL
AFFAIRS COMMI S SION, THE PARKS AND RECREATION COMMISSION , THE
WATER AND SEWER BOARD , THE PUBLIC LIBRARY BOARD AND THE KEEP
AMERICA BEAUTIFUL COMMISSION SHALL MEET 60 DAYS PRIOR TO THE
SUBMISSION OF THE BUDGET BY THE CITY MANAGER TO COUNCIL AND
SHALL RECOMMEND A COORDINATED AND PRIORITIZED LIST OF
PROGRAMS , PROJECTS AND ACTIVITIES TO THE CITY COUNCIL.
2-8: KEEP AMERICA BEAUTIFUL COMMISSION
2-8-4 : THE KEE P AMERICA BEAUTIFUL COMMISSION , THE CULTURAL
AFFAIRS COM MISSION , THE PARKS AND RECREATION COMMISSION , THE
WATER AND SEWER BOARD , THE PLANNING AND ZONING COMMISSION
AND THE PUBLIC LIBRARY BOARD SHALL MEET 60 DAYS PRIOR TO THE
SUBMISSION OF THE BUDGET BY THE CITY MANAGER TO COUNCIL AND
SHALL RECOMMEND A COORDINATED AND PRIORITIZED LIST OF
PROGRAMS , PROJECTS AND ACTIVITIES TO THE CITY COUNCIL .
-4-
2-9: CULTURAL AFFAIRS COMMISSION
2-9-8 : THE CULTURAL AFFAIRS COMMISSION, THE PARKS AND
RECREATION COMMISS I ON , THE WATER AND SEWER BOARD, THE
PLANNING AND ZONING COMMISSION, THE PUBLIC LIBRARY BOARD AND
THE KEEP AMERICA BEAUTIFUL COMMISSION SHALL MEET 60 DAYS PRIOR
TO THE SUBMISSION OF THE BUDGET BY THE CITY MANAGER TO COUNCIL
AND SHALL RECOMMEND A COORDINATED AND PRIORITIZED LIST OF
PROGRAMS , PROJECTS AND ACTIVITIES TO THE CITY COUNCIL.
Introduced , read in full , and passed on first reading on the _ day of
___ , 1996 .
Published as a Bill for an Ordinance on the _ day of ____ , 1996.
Thomas J. Burns, Mayor
ATTEST :
Loucrishia A. Ellis , City Clerk
I , Loucrishia A. Ellis , City Clerk of the City of Englewood , Colorado , hereby
certify that the above and foregoing is a true copy of a Bill for an Ordinance,
introduced , read in full , and passed on first reading on the _ day of
______ , 1996 .
Loucrishia A. Ellis
-5-
8
·•· LANDMARK • COLORAOO •UTAH •TEXAS• CALIFOR NIA RECLAMATION, INC .
Quality First ~ • • '~b C/JaooeL is Cle ani ng up!
Landmark Water I Management & Biologi-
cal Division's Denver
office has completed our I third project for water
management in the South
Platte River Basin. In
• 1994 Landmark engi-
neered and built a biologi-
. cal nutrient absorption
• system at the City of
Englewood's drinking
water facility . In 1995 we
•
have engineered and built a
biological demonstration
system for the Littleton/Englewood
•
Wastewater Treatment Plant on the
South Platte River. In 1995 we have
also designed and installed a biol o gi-
•
cal system at the Chatfield Reservoir
Wetlands , which is managed by the
State of Colorado and the Army Corp
•
of Engineers . All of these projects are
engineered to reduce Ammonia,
Nitrate, Phosphorus and provide for a
•
net increase in Dissolved Oxy gen .
The systems will also produce
extremely low levels of Biochemical
Oxygen Demand (BOD) and Total
• Suspended Solids (TSS ). "Out with
the bad and in with the good".
•
Landmark's Bio-V -ChanneJTM pat.
pend . is the cornerstone of each site.
The Bio-'\'.Channel™ all ow s the
•
staff to monitor and control th e
amount of biomass within the sy stem,
to optimize the natural biol o gi cal
• processes of the aquatic vegetation .
Bio-'»-Channelrn in place at the Englewood/
Littleton Wa stewater Treatment Plant
In 1995 Landmark opened our second
office for the Water Management &
Biological Division in Martinez,
California, north o f San Francisco . We
have now begun a series of demonstra-
tion projects with the Central Contra
Costa Sanitation District in Martinez ,
California. One demonstration project
is engineered to collect data using a
new p lastic media design which grows
the bacteria to convert Ammonia to
Nitrate . Another
project focuses on
the effect of differ-
ent species of
aquatic vegetation
in the nutrient
removal process .
These demonstra-
tion sites also use
Landmark's
Bio.\ ·-Channelni .
Landmark continues to open
up new markets in the multi-
billion dollar drinking water
and wastewater management
and treatment industry.
Preliminary engineering
data indicates that our
biological treatment systems
will actually produce
superior quality water at
25% to 50% of the cost of
conventional water treat-
ment systems . The Land-
mark biological treatment
system for nutrient removal
will be an ideal system for the interna-
tional water treatment market due to
its simple design and low cost.
For more information on Landmark's
biological water management systems
please call Steve Smith at (303) 795-
5130. We would be glad to set up a
site tour and discuss how we can
engineer a system to meet your
specific water processing needs .
ThankYou. +
Bio-Y-ChannelsTM in place at the Chatfield Wetlands .
• 490 l South Winderm e re St ree t, Li11l e to 11 , Colo rado SO 120
Te lepho n e: (303) 795-5 J 30 Fax: (303) 795 -32./9
I
I
I
I
I
I
I
•
I
I
I
I
• • • •
Keywords: •Managed Aquatic Systems (MAS)
•Nitrogen & Phosphorus Remova l
•Dissolved Oxygen (DO) enhancement
•Nitrification (NH 3 > N02 > N03)
•Total Suspended Solids (TSS)
•Biological Oxygen Demand (BOD)
For years engineers and regulators have tried to improve water quality, relying on conventional treatment
systems . Wetlands and others natural treatment systems have gained acceptance as additions to
conventional treatment systems. However, the combination of the two has enjoyed limited
success in the final polishing of wastewater effluent and non-point sources for several
reasons. Conventional nutrient removal systems are expensive to build and operate,
while wetland systems offer less reliability and can become a maintenance liability.
Landmark has addressed these issues with the Bio-V-Channel.
Landmark has taken advantage of wetland technology's natural biological processes
and developed our Managed Aquatic System (MAS) with our Bio-V-Channel , pat.
Bio-V-Channel
pending . This system uses submerged aquatic macrophyte plants in a managed environment to remove ammonia, nitrate ,
phosphorus, and trace minerals from any water source. The process also increases the dissolve oxygen (DO) concentration
to near saturation levels (10 -14 mg /!).
Both floating and rooted aquatic plants are included in Landmark's MAS design. Floating plants are essential to system
efficiencies since they have higher nutrient uptake rates and can accommodate a wide range of influent quality while main-
taining effluent quality standards. Rooted aquatic plants also provide supplemental nutrient removal as well as control of
nutrients or trace minerals which may precipitate from the water column into the sediment.
Utilizing computer simulation modeling, Landmark's MAS is engineered to meet each client site water quality and environ-
mental design parameters. Nutrient and other water quality parameters (i.e. BOD and TSS) removal rates are controlled by
MAS design and scheduled plant harvests (1-3 annually). Complete nutrient removal is achievable ifrequired, to meet water
quality objectives .
Key to Landmark's MAS success is an understanding of aquatic biology, nutrient and trace mineral uptake rates and system
management I maintenance requirements . Aquatic systems which perform well exhibit a diversity of plant types and other
organisms working together to purify the water column. Managed Aquatic Systems not only ensure consistently high water
quality, but also provide environmental and wildlife habitat benefits .
Bio-V-Channels in MAS Layout
••
••
• • • • • • • • • • •
ti
• • • • •
The Landmark "Bio-V-Channel" Managed Aquatic System (MAS), uses a living organism, plants, to
accomplish final polishing of wastewater.
MAS Applications: Wastewater Treatment, Drinking Water Pre-treatment, Algae Control, Groundwater
Remediation, Reuse & Re-purification, Point Source & Non-point Source, River Flow Control, Stormwater
Runoff, Aquifer Recharge, Wildlife Habitat.
Bio-V-Channel MAS Functions:
•Control: Bio-V-Channels contain submerged macrophyte plants (biomass) for controlled
distribution and monitoring throughout the MAS . Bio-V-Channels facilitate effecient biomass
harvesting to remove nutrients and trace minerals extracted from the water column.
•Media: Submerged macrophyte plants provide a favorable environment for nitrifying bacteria to
convert ammonia to nitrate.
•Removal: Submerged plants extract nitrate (N03) and phosphate (POj as well as other trace
minerals from the water column. As the biomass converts nutrients and trace minerals into living
cells, dissoloved oxygen (DO) is released into the water column .
Bio-V-Channel & Floating Aquatic Plants
Influent ~
NH3~~~~~~~~~
N03 ~~~-t--:::-=::-::--::-:~~il!~
P04
Trace Minera ls __ ..,_ ____ ......,i;i.--...-.~
---------------------
Rooted Aquatic Plants .
4901 South Windermere Street• Littleton , Colorado 80120
Telephone: (303) 795-5130 Fax: (303) 795-3249
a a .w. a a a a a a
Colorado State Park -Chatfield Wetlands -Pond #2 7 /25/95
Colorado State Park -Chatfield Wetlands -Ponds # 1 & 2 10/25/95
.II ill .II .II ii .Ill .Ill .II .II
-.,,.~•·• 4 a a !t7 I
Colorado State Park -Chatfield Wetlands -Pond #2 8/5/95
Colorado State Park -Chatfield Wetlands -Pond #2 10/25/95
--... ----
City of Englewood Drinking Water Facility :
Filter Backwash Influent -Westside of Lake
Bio-V-Channels -Eastside of Lake
---...... iJ.iA.j·,
Final Water Quality and Bottom Plants -Eastside of Lake
.. ---.... ---.... ·.·:1.~-~.v,.... -~' ... " ~') ,_ ' .. ,..
9
ACTIFLO ®
PROCESS
DRINKING WATER
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The ACTIFLO® process effectively removes suspended solids present in
surface water by coagulation I flocculation and lamella settling. A filtration
system may then be used to completely eliminate the remaining suspended
solids .
The ACTIFLO® is very compact in size and suitable for small to large
treatment units -.75 to 75 MGD (from 100 to 10,000 m3/h) .
Coagulant is injected into the raw water destabilizing the suspended
solids , which are then bonded to recirculated microsand using polyelec-
trolyte. The resulting floe is then separated from the water by lamella plate
settling.
The microsand, which is constantly recycled , provides two main advan-
tages:
• It presents a very large surface contact area that enhances floccula-
tion.
• It acts as a ballast increasing the settling velocity of floes by orders of
magn !tude . . -~
The raw water flows successively through:
• A rapid mixing tank, where the energy input and chemical coagulants
destabilize the suspended solids (by neutralizing surfaces charges);
• A injection tank where polyelectrolyte and sand are introduced into the
water;
• A flocculation tank where floes generated in the mixing tank grow and
mature; and
• A lamella settler where the microsand-weighted floes and the
microsand ballast are separate from the treated water. The sludge
drawn from the settler is pumped through a set of hydrocyclones sepa-
rating microsand from the sludge. The cleaned microsand is then
recycled to the rapid mixing tank, and the sludge is passed to appro-
priate processing facilities.
The ACTIFL~ process allows high-rise velocities to be used -16 to 25
gpm/ft2 (40 to 60 m/h) due to weighted floes and the efficient lamella sepa-
rator.
At maximal flow, the overall time for mixing and flocculation is reduced to
<8 minutes. In most applications the processed water has a turbidity of
less than 1.0 NTU (Suspended Solids below 5 mg/I) .
•
• LONGITUDINAL SECTION
1 -Raw water inlet
2 -Injection of microsand
3 -Flash mixing zone (coagulation)
4 -Gentle mixing zone (flocculation)
5 -Inlet to settling zone
6 -Lame/la modules
7 -Collecting troughs or pipes
8 -Treated water outlet
9 -Sludge scraper and trough
10 -Sludge and sand outlet sump
11 -Recycling pump
12 -Hydrocyclones for microsand
recovery
13 -Sludge outlet
PLAN VIEW
t -Width (d iameter) : 3 .5 to 15 m .
-Flows : 500 to 23 000 mJ/h
C -Flash mixing zone I -Injection M -Maturation
-· -
!"=' -· -;-. -=-t_ ·--~
-:--........ ·--· -
--~-~
-··.-.i.;;.:
. ._,.,. ~ . -. ' -_,,.._ .. :·-·-· .. _-;..,.
'---------------------------------------·::r1.~--~
The ACTIFLO® process offers many advantages:
• The units are ·compact in size due to the short flocculation time and
high settling velocity.
• Excellent quality and stability of the treated water, even under unfavor-
able conditions such as very high, or very low solid concentration.
• A high operating flexibility during start-up, shut-down, and transient
flows.
• The process remains stable with water temperatures of o·-s·c.
A Member of wwemri ®
Water & Wastewater Equipment
Manufacturers Associat ion, Inc .
FOR MORE INFORMATION
If you would like to know more about any of our processes ,
please contact us at the following location :
Kruger, Inc.• 401 Harrison Oaks Boulevard• Suite 100 •Cary, North Carolina 27513
Phone (919 ) 677-8310 •Fax (919) 677-0082
~ GOBLE SfiMPSOrt ASSOaflm •Ne.
GOBLE SAMPSON & ASSOCIATES
AND KRUGER, Inc.
INTRODUCES YOU TO THE
ACTIFLO PROCESS
• A 3 hour techn ical presentat ion
• Presented by Ph ilippe Topalian , Ph .D., Kruger, Inc .
• December 5 , 1995 , 11 :00 AM to 2 :00 PM
• De:i v er Tech Center
• Lunc h provided
• The ACTIFLO process effectively removes suspended solids present in
su rf ace wate r by coagulation I flocculation and lamella settling . A filtration
syst em may tt1en be used to completely eliminate the remaining suspended
so li ds .
• The ACTIFLO is very compact in size and suitable for small to large treatment
un it s -. 75 to 75 MGD .
• Coagu lant is injected into the raw water destablizing the suspended solids ,
w hi ch are then bonded to recirculated micro sand using polyelectrolyte . The
res ui ~i r:g floe ~s theri separated from the ·"va!er by Jarne:la =;:late sett!irg .
• The micro sand . wh ich is constantly recycled , provides very large surface
contact area that enhances flocculation and acts as a ballast increasing the
se ttli ng velocit ies of floes by orders of magnitude.
• The Act iflo process , retro fitted to existing plants , dramatically increases
capacity and cffers significant savings in space and capitol costs over
tradit ional plant expans ions .
Seat ing is l imited , so ca ll (303) 770-6418 w ith your reservations .
7076S.A lto n Way .Bldg .F •Englewood .Colorado 80112 • 303 /770-6418 • FAX303/770-6424
..
:OLORADO -076 S Alton Way
:uilci~g F
:ng lewood , CO
303 ) 770-6418
303 ) 770-6424 FAX
• GOBLE SfiMPSOfi Assoc1ATES
~VHANSEN VERNE PLATH
"RANK KAYLOR STEVE HANSEN
IM BLACK
REPRESENTING LEADING MANUFACTURERS OF WATER AND WASTEWATER
TREATMENT EQUIPMENT IN THE ROCKY MOUNTAIN REGION FOR OVER 35 YEARS
. MANUFACTURERS · · ~ CAPABILITIES · · · -. ·
ACRISON
AERATORS, INC
AERCOR/NORTON
AERO MIX
AER-RESEARCH
ANCO MIXERS
AQUIONICS
CHEM CO
ECO FINN
ECOMETRICS
ENVIRONMENT/ONE
ENVIROPAX
FAIRBANKS MORSE
FLO-PAK
FLUID KINETICS
HAYWARD GORDON CO.
KRUGER
LAKESIDE EQUIPMENT CO.
MEUNIER
NEFCO
OR-TEC, INC
PEABODY TECTANK
PENN VALLEY PUMP CO.
PLASTl-FAB
POL YCHEM/BUDD
PROMINENT
PUMPEX
PURAC ENGINEERING CO.
SPARLING
ROEDIGER PITTSBURGH, INC.
THERMA FAS
THOMAS CONVEYOR CO.
THUNDERLINE CORP. (LINK SEAL)
ULTRAFLOTE CORP.
UNITED BLOWERS
USEMCO
VAREC
WATERMAN INDUSTRIES
WATSON MARLOW
WESTECH ENGINEERING
Dry Chemical Feed Equipment
Floating Surface Aerators and Mixers
Dome, Disc , Ceramic and Membrane Diffuser Aeration System
Aspirating Aerators, Coarse Bubble Diffusers
Lagoon & Basin Diffused Aeration Systems
Vertical Flocculators, Rapid and In-line Mixers
U V Disinfection
Engineered Chemical Feed and Storage Systems
Sma ll on Site Package WWTP
Chlorination . Dechlorination , Ammoniation Systems and Controls
Packaged Grinder Pump Stations
High Rate Tube Settlers and Supports
Water and Wastewater Pumps
Above Ground Package Water Booster Station Skids
Surge Arrestors
Torus Recessed Impeller and Screw Impeller Pumps
Submersible Mixers , Aeration , Biological Nutrient Removal , ATAD
Clarifi ers , Screw Pumps , Oxidation Ditch Rotors , Rotamat Screens
Cont-Flo Vertical Bar Screens , Mectan Vortex Grit Chambers , Rotopac Compactors
Clarifier Density Current Baffle Systems
Small Plant Belt Thickeners and Presses
Bolted Water Storage Tanks , Standpipes , Clarification Tanks
Double-Disc Positive Displacement Pumps
FRP Parshall Flumes , Weirs , Buildings , Slide Gates , Stop Logs
Non-metallic Chain & Flight Equipment
Chemical Metering Pumps & Chlorine Dioxide Generators
Wastewater Submersible Pumps
Plate Separators , Shaftless Conveyors , Hydraulic Sludge Scraper & Centrifuges
Mag~etic Fl:::w, Prcpe!!er Meter , U!trasonic Ope~ Channe! F!ow
Belt Presses, Thickeners & Drum Concentrators
Polymer Coated polyester Floating and Fixed Baffles
Shaftless screw & Bucket Conveyors , Grit Washers
Link Seal Wall Penetration Seals & Wall Sleeves
Aluminum Dome Covers
Air Blower Systems
Prefabricated Lift Stations and Water Booster Stations
Digester Flame Arrestors , Flame Checks , Drip Traps , Gas Burners
Sluice , Slide and Flap Gates , Telescoping Valves
Peristaltic Sample/Metering Pumps
Clarification , Flocculators , Thickeners , Vacuum Filters , Digester Covers
-~ --5 OFFICES TO SERVE YOU
ARIZONA COLORADO NEW MEXICO UTAH WASHINGTON
1930 S A lma School Rd 7076 S Alton Way 4004 Carlisle Blvd NE 3500 S Main St 1420 NI/I/ Gilman Rd
Suite D-102 Building F Suite J Suite 200 Suite 2161
Mesa . AZ. 8521 O Englewood , CO 80112 Albuquerque , NM 87107 Salt Lake City , UT 84115 Issaquah , WA 98027
(602 ) 831-1722 (303) 770-6418 (505) 881-8718 (801) 268-8790 (206) 392-0491
(602 ) 838-9206 FAX (303 ) 770-6424 FAX (505) 881 -9055 FAX (801) 268-8792 FAX (206) 392-9615 FAX
-
..
A TT. !CJ
FACT SHEET ~~:··~-,.-
.
... . ~~--
LITTLETON /ENGLEWOOD WAS TEW ATER TREATJvfENT PLANT
BIOSOLIDS MANAGElvITNT
BE~TJ:FICIAL USE F AR.i\1 SITE
LITTLETO~ I L\GLE\l.OOD WASTE\VATER TREATME;\T PLANT -The
Linieton / Eng]ewood Wastewater Treatment Plant (L\E W\VTP) provides wastewater
treat;r,em ser;ice t0 the cities of Littieton and Englewood as well as 25 surrounding
south \v est metrop olitan sanita:ion districts . The facility service area encompasses nearly
-1 0 $quare n:i les :nd serws 25 0.00•) residents . Approximately 25 million gallor.s of
'>\ 2.s::e·.•:2 Ier are treated dai ly in compi iar.::e with Colorado Depanment of Public Health
and En\·iror.me:-:t sta ndards prior to discharge into the South Platte River.
BlOSOLIDS -Biosolids are the nutrient-rich \Vastewater treatment residual material that
car> b~ safely recycled as a so il conditioner and fertilizer on agricultural land . The L\E
\\'\VIP biosolids meet the stringent quality standards set and enforced by the Colorado
Depanme :J t of Pu c lie Hea lth and Er~,·i101u-nen: and the l.~.S . Emironmental Protection
Agenc y Current ly the L\E \\-\\'TP produces approximately 10 dry tons of biosolids per
da\'.
FAI''--\1 SITE PrRPOSE -The farm wiil be used to beneficially recycle L\E W\VTP
bio sol ids for the gro,v1h of dryland crops as well as to secure a suitable application area
for fi.m.:~e bios olids recycl ing . The farm combined with existing propenies will meet
fac il'.r y needs through the year 20 J 5 and possibly beyond.
FAR"\l LOCATIO:\' -The farm is located approximately 20 miles east of Byers
Col orad o at the junction of U.S . Highway 36 and Jolly Rd . Approximately 75% of the
farm is located in Arapahoe County and 25% is located in Adams County.
SITE CRA.RACTERISTICS -The farm site is located in a remote farming and ranching
area where the average population density is one house every 25 square miles . The site is
also underla in by the Pierre shale formation , an impermeable geological formation
FAR"\l FACTS -The farm is an established dryland wheat farm consisting of 5760 acres .
Th e farm is a comp osite of pans of the original J oily , Monahan and Hollingswonh farms
The purchase price of fr::-farm is SJ ,804,000
(';
FA&.'1 MANAGEMENT-The application ofbiosolids at the farm will be conducted by
L \E WWTP staff in accordance with all federal , state and county regulations Farming of
the site -will be done by Progressive Farms, a local farmer , in accordance with a
"conservation plan of operations" on file at the Byers Co . Natural Resources
Conservation Service field offi c e . Three crops of dryland wheat and other dryland crops
will be grown in a rotational cycle . The farming will be accomplished under a standard
farm lease agreement in which the L \E \:V\VTP will receive one-third of the proceeds from
all crops harvested and the farmer will receive two-thirds . The proceeds from L\E
\\TWTP 's portion will be used to offset biosolids management costs .
T A..XES -As municipal governments, the cities of Littleton and Englewood do not pay
property taxes . T o insure that the tax base supporting the surrounding farming community
remains stable, the L \E \\TWTP will contribute an amount equal to the property tax to
each county in lieu of taxes . The counties will determine the distribution of the
contribution .
ROADS! ACCESS, DISTA~CE -Interstate Highway I-70 and U.S . Highway 36
pro\·ide paved ac c ess to the farm site A portion of the site is also accessible by an
addit io na l three miles of county maintained roads . The distance from the L\E WWTP. is
ap proxi mate ly 75 miles .
L\E W\\"TP CO!\'TACTS -
• Stu Fonda -Utilities Director -762-2636
• Dennis St owe -L\E W\VTP Manager -762-2606
• Jim Tallent -Operations Manager -762-2610
• Charles Caudill -Program Development Analyst -762-2604
' ' FACT SHEET
LITTLETON I ENGLEWOOD WASTEWATER TREATivfENT PLANT
BIOSOLIDS MANAGEMENT
BENEFICIAL USE FARM SITE
LITTLET01' I ENGLE\\100D WASTE\\i"ATER TREATMENT PLANT-The
Linletor. I Englewood Wastewater Treatment Plant (L\E WWTP) provides wastewater
tre aa;i e:n service to the cities of Littleton and Englewood as well as 25 surrounding
sc•Jtb\ve~t metropolitan sanitation districts . The facility service area encompasses nearly
.:1 0 sql!1re mi!es and serves 250,000 residents . Approximately 25 million gallons of
',\ c1s: ~'xc.ter are treated daily in compliance with Colorado Department of Public Health
:..nc En ·.-i:-cnr.1ent standards prior to discharge into the South Platte River .
BIOSOLIDS -Biosolids are the nutrient-rich wastewater treatment residue! material that
can be :::~fciy re .. :y cled as a soil conditioner and fertilizer on agricultural land . T!'ie L\E
\V\\'TP biosolids meet the stringent quality standards set and enforced by the Colorad ·.:>
Depar:::nt>nt of Public Health and -Enviromnent and the L'".S. Environmental Protl!ction
Agc1c;'. Currently the L\E WWTP produces approximately 10 dry tons ofbiosolids per
da,·.
FAR','{ SITE PURPOSE -The farm will be used to beneficially recycle L\E \V\VTP
biosoliu'.:> for the growth of dryland crops as well as to secure a suitable application area
for fu~llre bios oli ds recycling. The farm combined with existing properties will meet
faci lity needs through the year 2015 and possibly beyond.
FAR''l LOCATION -The farm is located approximately 20 miles east of Byers
Colorado at the junction of U.S . Highway 36 and Jolly Rd. Approximately 75% of the
farm is located in Arapahoe County and 25% is located in Adams County.
SITE CHARACTERISTICS -The farm site is located in a remote farming and ranching
area where the average population density is one house every 25 square miles . The site is
also underlain by the Pierre shale formation , an impermeable geological formation .
FAR.."\f FACTS -The farm is an established dryland wheat farm consisting of 5760 acres .
The farm is a composite of parts of the original Jolly, Monahan and Hollingsworth farms .
The purchase price of the farm is $1 ,804,000.