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HomeMy WebLinkAbout1996-01-09 WSB AGENDA, ./ 1. / 2. / 3. / 4. .,/ 5. / 6. ./ 7. 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 !< I :1--cc -·:c :X w I I ; i ' I ' I I -· I ' ' '•}, :'(/.: \.!( i ' I ! ' i .;f:· 'i ,i '. ':I '' i I I " \ ---. HlVd3>118 --- ·---- I I I I I I ·c:) I'\. '\f- I 9 A I ' i I I I 0 0 0 3: w _J 0 z w 0 0 0 3: w _J 0 z w u.. 0 ~ u '' Ii! i I: N ' I' Q__· I 2 ' :....-r-: ~ Ct: 1 1' '' : : l I' I 11: I I' ! I: I 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 cc ~ .-;co i:E 'X w ' i .'1 ,' j :··.1 // CJ] _J w u 0:::: ~ ,, ,, .: ii '' ' ; f .----- Hl'v'd3>118 ------ --- I / // _,a 0 0 3:: w ... _J (.) :z w L... 0 2: ~ "" w J _J ~ ~ 0:::: ~ 0 0 0 3:: w _J C> z w L... 0 2: u ' ' ! ' I I I i ' i; i I I '' '' o_; 2 . <t: 0:::: Ii : 'I ~ I I I '' I ' ! : ' I i: I I ! ! 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 !llC!U UdlUTY 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 .:.; -- ·-:~-:· .... ":""-.- ·-~~; ... · _.,,.r ·~-. -::- :j~?1f~-~ ; . ·.:Y~~, ~··~:~~~}-~11 tf>~~~ ;~-<; . ,, l . ...;,._~ . '!~f.~~ ...... ..;...·'"-..... ·- ··"""' ;ii/l/tt~.im--f:•,:_·'Jil(.~-· -.·· . ~~'~ .. ~:~;~~:~·~~~.~:] ~-"---i-~#'-1-'.;:~ KrUger ·..a:~;~:>!s!'-,..-i -~~:;:-*·i ~~ ~~ ~- -A> o ':. -~ -.·- ·~.=--~·«"""·:..·. :--;-·;·:· 'f ..,. .:I" / - ........ -:-• _.~,I .,:,. ... ~--_, _,-~- __ ..,. /·;.; ... i .· •• .;.;;..· -· f ........ -~·-. ~--:-· ... -.. -.... ··~ ~ 'f J~,;~f :f," ~: • . .+. * .. . .. ; . .,,-, ·y ·' I ~ -~ _:~.)~/ -··-·' '' -1 . --.-..,. "" "" -' ~ -·-~ . -·. l ~ 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.