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HomeMy WebLinkAbout2005-11-08 WSB AGENDAWATER& SEWE R BOARD AGENDA Tuesday, Novembe r 8, 2005 COMMUNITY DEVELOPMENT CONFERENCE ROO M 1. MINUTES OF THE OCTOBER 11, 2005 MEETING. (ATT. 1) 2 . GUEST : TOM BRENNAN -UTILITIES ENGINEER: RE : STORMWATER PERMIT PROGRAM. 3 . LETTER FROM ST ATE OF COLORADO DATED OCT. 6, 2005 RE : SOUTH PLATTE NON-IRRIGATION SEASON ADMINISTRATION. (ATT. 2) 4 . INFORMATIONAL ITEMS : A. SURVEY : U.S. WA TER COSTS ON THE RISE. (ATT. 3) B. PLAN FOR VAST UNDERGROUND RESERVOIR MOVES AHEAD . (ATT. 4). C . ARTICLES REGARDING THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PL ANT BEING A LITTLETON CITY COUNCIL CAMPAIGN ISSUE . (INSERT) D . ARTICLES -SECOND ADAMS DUMP STUDIED & COUNCIL REZONES SUPERFUND SITE. (ATT . 5) 5. WATER BOARD CHRISTMAS PARTY-NORTHWOODS INN. TUESDAY, DECEMBER 13 AT 5:30 P.M. 6. OTHER. WATER AND SEWER BOARD MINUTES October 11, 2005 A T r(. I The meeting was called to order at 5 :03 p .m. Members present: Members absent: Also present: Clark, Moore (conference call), Higday, Otis, Garrett, Bradshaw, Habenicht Bums, Cassidy Stewart Fonda, Director of Utilities Bill McCormick, Operations Supt. - Utilities John Bock, Admin. Supv. 1. MINUTES OF THE SEPTEMBER 13, 2005 MEETING. The Englewood Water and Sewer Board approved the minutes from the September 13, 2005 meeting. Mr. Higday moved; Mr. Habenicht seconded: Ayes : Nays: Members absent: Motion carried. To approve the minutes from the September 13, 2005 Englewood Water and Sewer Board Meeting. Clark, Moore, Higday, Otis, Garrett, Bradshaw, Habenicht None Bums, Cassidy Mr. Cassidy entered at 5: 10 p.m. 2. LICENSE AGREEMENT DISPUTE -WOODS VS. HANKLE. -777 W. OXFORD AVE. Norm Woods and Ron Hankle, along with his attorney, Jim Ridgeway, appeared before the Board to present the dispute regarding a new license agreement for Parcel D behind 777 W. Oxford Ave . Norm Woods was selling his property and had a license agreement with Englewood for a portion of the City Ditch right-of-way, which he turned over to the Hankies without the Utilitities Department approval. The Hankles made improvements , including fencing, sodding and a temporary storage building installed within the right of way. The prospective buyer of the Wood 's property wanted to reclaim the right-of-way that was recorded to extend the driveway out to Nassau as a drive-through for his trailer. He also wanted to have the fence, sod and building removed from the easement. Mr. Woods stated that the buyers backed out of the purchase because of this unresolved issue. At the end of the meeting, the Water Board reviewed the cases presented by both sides. After careful consideration, the Board decided to award the right-of-way in Parcel D to the Hankies because of the Hankie 's history of maintaining and improving this area. The Hankles will be submitting a license agreement for the portion in Exhibit A to the City Attorney for approval of form , to be then forwarded to City Council for approval.. Ms. Bradshaw moved; Mr. Habenicht seconded : Ayes: Nays : Members absent: Motion carried. To rule in favor of the Hankies and recommend Council approval, upon receiving the City Attorney's final approval of form, of a license agreement for a portion of "Parcel D" as outlined in Exhibit A. Clark, Moore, Higday, Otis , Garrett, Bradshaw, Habenicht, Cassidy None Bums 3. GUEST: DON MARTURNAO -SOUTH ENGLEWOOD SANITATION DISTRICT SUPPLEMENT #1. Don Marturano appeared, with two of his Board members-Darwin D. Smith and John Anderson, Jr., to discuss the proposed South Englewood Sanitation District No. 1 Resolution, which will assess a service charge based on wastewater transmission services as part of the City of Englewood billing. It is proposed that as of December 1, 2005 South Englewood's fees be billed and collected by the City of Englewood along with its' treatment charges and Interceptor Basin Agreement charges. South Englewood Sanitation District's residents outside the Englewood city limits will be billed annually, while those South Englewood users within the City of Englewood will be billed quarterly. Jim Higday expressed various concerns about the portion of South Englewood Sanitation District that is located within the City of Englewood boundaries. Stu noted that South Englewood would have to provide their customers with a number to call in case of questions or concerns. Stu also recommended that a terminat ion clause be included in an attached Memorandum of Understanding. Mr. Otis moved; Mr. Higday seconded : Ayes : Nays: Members absent: Motion carried. To recommend approval of the South Englewood Sanitation #1 Resolution with an attached Memorandum of Understanding addressing a termination clause. Clark, Moore, Higday, Otis, Garrett, Bradshaw , Habenicht, Cassidy None Burns 4 . GUEST: DWAYNE TINSLEY -INTERGOVERNMENTAL BASIN AGREEMENT. Dwayne Tinsley, District Manager of Southgate Sanitation District appeared to discuss a proposal regarding the Big Dry Creek Interceptor Agreement (IBA). Mr. Tinsley distributed a map showing Southgate's proposal for large sanitary sewer main replacement. The entire IBA line was rated "rebuild," "reline," "sound pipe with corrosion apparent," "healthy concrete pipe" or "PVC pipe," according to the condition of the main. Southgate's first concern is the "rebuild" lines showing immediate need for replacement and/or repair. Southgate is proposing to amend the original agreement. Amendments include discontinuing the advance line charges, monies held in the project fund be refunded to the contributing parties and in addition to the current customer charges for operation and maintenance, there would be an additional charge to cover the projected rehabilitation and replacements costs over the next 25 years. Englewood's customers would experience an increase from a range of $0.45 to $1.66 per year to $13.18 to $48 .61 per year. The proposed amendments to the Intergovernmental Basin Agreement will be discussed further in future meetings. 5. McBROOM DITCH LICENSE AGREEMENT. The Public Works Department and the Englewood Parks and Recreation Department submitted a Grant of License Agreement for crossing the McBroom Ditch. The crossing is at the Englewood Golf Course Maintenance Facility on the Englewood Golf Course., near S. Clay Street and W. Mansfield Ave. The agreement is to provide cross ings for electrical, sewer, water, telephone, gas, cable and a driveway for the Golf Course Maintenance facility. Public Works, Parks and Recreation Department and the Utili ties Department previously reviewed and approved the crossings . Ms. Bradshaw moved; Mr. Clark seconded: Ayes: Nays: Members absent: To recommend approval to the McBroom Ditch Board of the License Agreement for crossing the McBroom Ditch at the Englewood Gol f Course Maintenance Facility for electrical, sewer, water, telephone, gas, cable and a driveway. Clark, Moore, H igday, Otis, Garrett, Bradshaw, Habenicht, Cassidy None Bums Motion carried. 6. UTILITY FENCE EASEMENT-3167 S. VINE ST. The owners of3167 S. Vine Court have requested permission to replace a weakening retaining wall with another wood retaining wall that is in an existing utility easement. Englewood has a sanitary sewer located in the ten-foot utility easement. The retaining wall is vital for the stability of the existing yard and landscape and the structural integrity needs to be maintained. The encroachment agreement is necessary so the Utilities Department has free access to the sewer main in the Utilities easement. In the event of repairs or maintenance, which may necessitate the wall being dismantled, the Utilities Department will not be responsible for the existing landscaping and wall. Mr. Otis moved ; Mr. Cassidy seconded: Ayes: Nays: Members absent: Motion carried . To recommend Council approval of the Utility Fence Easement for 3167 S. Vine Court to rep lace a wood retaining wall. Clark , Moore , Higday, Otis, Garrett, Bradshaw, Habenicht, Cassidy None Bums 7 . LETTER TO SAFEWAY DATED SEPT. 21, 2005 REGARDING INAPPROPRIATE MANAGEMENT OF NON-SALEABLE PRODUCT. The Board received a copy of a letter dated September 21, 2005 to Safeway regarding odor complaints received by the Littleton/Englewood Pretreatment Division. An odiferous liquid was flowing from a dumpster on their site in the alley to the curb and gutter in S. Sherman Street. Safeway was notified they were in violation of the prohibited discharge standard and that the problem had to be resolved immediately. This is an information only item. 8. LITTLETON CITY COUNCIL ELECTION. Stu discussed the issue of the Littleton/Englewood Wastewater Treatment Plant Phase II Expansion that has become an issue in the City of Littleton counci l race. Because of recent drought conditions, a couple of Littleton residents running for city council have made the Littleton/Englewood Wastewater Treatment Plant Phase II construction a campaign issue, claiming it is an unnecessary project. Stu gave the Board an Executive Summary showing the necessity of the expansion and penalties that would be imposed in the case of a project shut-down. The meeting adjourned at 7:40 p.m. The next Water and Sewer Board meeting will be Tuesday, November 8, 2005 at 5:00 p.m. in the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary OC~.:_Ia-2qo5_I_UE _ _@_: 57 AH BHGR LLP WATER DIViSION ON! OP"CE 01' THE STATE eNGINEl!R Division ct Water Reccurcu Dopanment of NaiuraJ Re&OUrces 910 9"' Stniot. Suite 200 Greeley, Cakndo 80631 Alone (tTO) 352-8712 Fax(970)392·1S18 bttp:lfwww woter.1t119,ca.11!f FAX NO. 303 402 160 A TT: 2 STAIB OF COLORADO October 6, 2005 . 8111 C>-11 oavernor ~111JGeorge ED:Ullv•~ Hal D. Si'nplan, P.!. Slll•Engf- Jan ... R. Haff CIM rJan e~lneor Re: South Platte Non-Irrigation Season Administration Dear Water User or Interested Party: The administration of the waters of tbe South Platte River remains under pressure from th~i effects of the recent drought, coun decisious ·and increase'1 competition for the limited resource. As a result, the cooperative administrative approaches that have existed for over thirty years are changing. As you are probcWlY aware, pritlr to 2001 , the State Engineer believed he had authority to approve substitute water supply plans to allow wells to operate when they were out-of-priority. Howi:v~, the Supreme Coun ruled in the Empire Lodge 1:asc .that the General Assembly had not granted such authority to the State Engineer. In response to this 200 l Supreme Court mling, the Stato Engineer proposed new Rules in 2002 to allow for operation of Substitute Water Supply Plans (SWSPs) for tributary wells in the: South Platte. Many parties challenged these rules, and the Div ision 1 Water Court ruled ·chat :the State Engineer co~d not approve Substitute Wat~ S\Jpply Plans under the proposed 2002 Rules. The Colorado Supreme Court confirmed the Water Court's decision in April 2003. Meanwhile, lesislation enacted in 2002 and 2003 provided a new statute for some users to employ to obtaiJl the State Engineer' 9 approval of temporary SWSPs under certain conditions. Under some circumstances, the temporary SWSPs are intended to allow wells to operate e>ut-of- priority while the users apply for water court approval of an augmentation plan. Many augmentation plans are now winding tqeir way through tJlc court process with interim SWSP's allowing continued operation of some wellS. On June 3, 2005, the Water Judge approved the largest of these plans for the Central C()lorado Water Coiiservancy District. Changes as a result of Supreme Court ~lings, legislatioIJ, drought and increased competition for water have created significant hardship on a large s.cgment of users and may continllfl to create bard.ship on some users. Not SUfPrisingly, recent events have raised scv~ issues . · ·-·· ~~!-1 ?_-_20Q~ TUE 08: 58 AM BHGR LLP I South Platte Non-Ini3ation Season Administratiot1 October 6, 2005 Page2 FAX NO. 303 402 1601 associated with administration in the SQuth Platte, and our office is considerin~ potential changes to its administrative practices. ,Pnor to making auy such administrative changes, we arc seeking your input. We foresee continuing administrat~on as it presently aists for this winter, bu~ anticipate changes for the storage season of20Q6-2007. Two of the most significant issues inclilqe 1) administration of out-of-priority reservoirs on the South Platte, and 2) winter replacement requirements for out-of-priority well depletions. With the cooperation that has existed on the South Platte, the Division has allowed the out-of-priority storage of water in irrigation reservoirs that diven from the South Platte from the Denver Metro area northeast to the state liuc when it is apparent that senior downstream reservoirs will till. This administrative scheme has existed for several decades and has allowed for the maximum utilization of our wat~r resources. However, the statute ~t guides out-of-priority storage specifically states that out-of-.priority stQrage may only be allowed if the "water so stored <an promptly be made available to downsn-ejlm senior storage appropriators in case they are U!lable to completely store their entire appropriative right due to insufficient water supply." 37-80-120 .C.R.S. We believe some of the reservoirs that ~ave historically had out-of-priority storage probably cannot return water back to the river PMmptly, as required by the statute. Thus, even though this practice was allowed throueh the CQopcration of users, the Division needs to review whether it can continue the practice of allowing such out-of-priority storage ~ when thl' Division is confident that the water will not be needed downstream for a senior storage right. We are seeking public input on this P1¥1t practice and whether it should continue in the absence of any statutory changes . In the past, our office has not kep t track of calls based on what would have happened if there was no out-of-pri-Ority storage, as occur~ in other Divisions, because it has not had a need for this type of accounting. In the future, our office is loo~g at the possibility of keeping track of the call as if tJ,iere were no out-of-priqti:ty storage. Thus, in a simple example, our office would .change the call from the senior date of a downstream reservoir to the junior date of the up- stream reservoir once the out-of-priority storage by the j'ijnjor plus the storage by the senfor would have filled the senior, s reservoir. . The Division Engineer is also considering mending this concept to the situation of out·ot~ppority storage for reservoirs that cannot return wa1er and to well t:1sers that are required to make replacements for depletions. Our office desires pul~lic input an such practices and whether $9y may occur without authorization from the Water Court or the General Assembly. · 011 a related topic, some water users lllllY believe that well owners should replace any tin1e there is a shortage in the amount a rc5c:rvoir can diven whether we have set a call fur the reservoir or not In accordance with ~¥ttute, our office only sets calls for water rights if there is a viable need for the water for a deer~~ purpose. For example, in the case of Julesburg reservoir, we will generally place a ''b¥J>a!is call" to assure the fill of the reservoir. A bypass call allows some juniors to divm upstream while passing a portion of the water downstrc:am. , . I j, P. 04 OCT-18-2Q05 TUE_ 08 _:~8 AH BHGR LLP FAX NO. 303 402 1601 ! i South Platte Non.IJTiption Season Admin l tratic>n October 6, 200S ' · Page 3 We have adopted this administrative · roach because we believe it is con~istcnt with the statutory provision that requires that th Pivision Engineer "shall also order the total or partial discontinuance of any diversion in his ·vision to the extent that the water being diverted is required by persons cntitled to use w ; imdc:r water right~ having scnior priorities." § 37-92- 502(2)(a), C.R.S . (emphasis added). e believe it would bo inconsistent with this statutory directive if we caused curtailment in · ccss of what was ~quired by the senior priority to fill its reservoir. Further, we are concern J}lat changing this administrative practice would waste water by causing water to flow out of : ~ Sta.te resulting ill the unnecessary loss of water to all ~ers in Colorado. · · Other reservoirs upstream from Julesb. rg Reservoir whosj! diversions arc from the South !'latte have generally filled in recent times e !=JJt for 2004 and~ small amount in 2003. Althougb these reservoirs have historically fill , we have some CO!lCcm that they may not fill in the future due to changing circumstances . First, it appears r~crvoirs will continue to be used more extensively than they have in the past ecause of some us~s· inability to use ground water supplies as extensively or at all. This · ill require more water to refill these reservoirs each non- iITigation season. Some reservoir su Hes also will be in~rcasingly used for augmentatiou purposes in the future, once again req ' iring more water tq refill these reservoirs . More importantly , there will likely be less w in the future av~ilablc for storage due to reuse o:f consumable sources, installation of sp "nkle~ reducing return tlows, and the use of direct now rights earli er in the year because of sq e users' inability fO use ground water supplies as extensive ly or at all . Some might · e that these cff ects: will be at least partially offset by the several hundred wells that can no Ion · er operate. We expect that we will be able to betteJ predict the global impacts of all thes e changes upon completion of the South Platte Decision Support System modeling. Because . four concern that ~outh Platte reservoirs will not fill without a call, our office presently fo eaees the need of placing a senior resCTVofr call in November in all but the best years . ; Concerning winter time replacement 1 f depletions by weU user groups, the Division has taken the position in the past that, if th e u I Pas resources to make ~egatcd replacement, thm that repl~cemcnt only need be made if th · senior right does not fill or the lack of replacement will impact water rights junior to the senf r calling right, but scuior to the priority of the welfo being augmcntOO. Others with rights junio to the wells have argued that roplaccmcntmust be made any time that the senior is short w . Under the latter ;wproach, these junior water rights may come into priority more quickly if th 1 senior reservoirs till more quickly . The Division has resisted this argument in the past. . wever, upon furtru;r review, the Division has dccidi!d to recon~ider, after public input, wheth rwells should austP.ent any time there is a shortage , regardless of the fact that this may o ly benefit water ri!Jhts with priorities juni6r to the wells and may cause loss of water to all C l~o users in certain circumstances. . It should be noted that recent augm~ ~on plans approved by the court upon stipulation by the parties already require real time w· : er replacement unl~s the court approves agreemenls b'~cen the Augmenting Party and T\e or more reservoir owners to allow delayed aggn:gated P. 05 ·-·~QCT-18-2005 TUE 08:58 AH BHGR LLP ··-· . . , - South Plauc Non-Irrigation Season nUl.liUI. ~·· tiatton October 6, 200S P31c4 FAX NO. 303 402 1601 replacement, if necessary. We will. of · ursc, follow the dJrection of the legislature if it provides general guidance and thJ3 de e~ of the Water Coµrt. Even if wells are required to I . augment any time there is a shortage, o' . office contcmp~lCS that it will still allow limited aggreptian within a particular month 'ng the non-inigation season for efficiency of replacement purposes. In conclusion, we forc5cc possible c ps in administration having a sigJ;tlficant impact on some users, .and thus we are seeking yq r input before implementing any changes. Please provide us with any comments you haV. by November 30, 2005. To allow water users the opponunify to adjust to any admin~ tive changes, w~ ant(clpate implementing any changes for the 2006-2007 storaee s : ~n. · J' es R. Hall, P.E. , · yision Engineer · Cc: Hal Simpson, State Engineer ·; . Paul ijenington, Assistant Atttj ey General j: P. 06 ATT. 3 Current News • Survey: U.S. Water Costs On The Rise The annual water survey conducted by the NUS Consulting Group (http ://www .nusconsultinq.com) found the average price of water in the United States climbed by 3 .5 percent for the period of July 1, 2004 to July 1, 2005 . The survey, which includes 51 water systems located throughout the country , revealed the highest price paid was in Huntington, W .Va ., at $5.49 per one thousand gallons ("MGal") whi le residents in Greenville, Miss ., enjoyed the lowest price for water at $0.80 per MGal. The average cost of water in the United States was $2.34 per MGal , NUS Consulting reported on Oct. 17. Including related sewer costs , the survey also found that the national average rose to $5.78 per MGal --a n increase of 5 .3 percent from July 2004 . Some of the more notable increases in water prices were observed in San Francisco ( +14 .8 percent), Denver , Colo . (+13.7 percent), Hartford , Conn. (+12 .7 percent), G reensboro , N.C . (+12 .7 percent), and Newport, N.H . (+10.0 percent). Most of the in creases were attributable to maintenance and construction costs, as these cities struggle to upgrade and maintain aging wate r and sewer infrastructures . · "While the increase in water prices may seem insignificant in comparison to the recent rise in other energy costs, it should be pointed out that increased water and related sewer costs occur, without fail, year after year," said Richard Soultanian , co-president of NUS Consulting Group . "Businesses need to pay careful attention to their water costs as this commodity has the potential for significant increases in the future. Aging water systems coupled with ever stricter Government regulations will have consumers pay ing more which in turn could have a negat ive impact on many business operations ." Print this Page C lick here to email this page to a friend . = 1;c: /?-. ,~Accelerated 1~ Technofogy c ..... .:~~~ ... " Home I Feature s I News I Products I 2005 Product Directory I NEW Emplo vment Forum I Links I WWP Onlin e ECards Con sultant's Corner I Search I Free Product Info I Subsc ribe I Free Newsletter I Advertis in g ~ http://www.stevenspublishing.com/stevens/wwppub.nsf/d3d5b4 f938b22b6e8625670c006... 10/19/2005 Plan for vast · underground •• reservow ,,., mOvesCtnead · Ranch owners envision e1cchanging · water. from farms with Front Range cities . . . . . • 1'.1ACl'ISO(lfTY~~l:llKNHIEA'S . • FRICO bought; the 70 Ranch for By Jud Smidt .$20mlllon: · ROCKYIAOUNTAlt;NEWS • . ...... Since th~ more ·tl\.8ll $1 mll- .C-KERSBY-The~\~tbe ·· !'!~~~~:::~ Fanners Reservoir and ~Ion Co. general manager Manuel Montoya, of Greeley, sooops up ahandfi.llofsandysoilonthe.W,Ranchp.earKersey. "Tbiswholeraochisnothingbutsandbowls:he · said, where billions of ¢Jonii'~~~~d besrored ii! the tiny ~re8 between the grains. · . ·-·· . . hard-luek 70 Ranch-wt c,>fGree-ogy and theflowSofthe river, and leyisnearlyperteel '. · ·.enitlileertnl the canals and But the serenity, th& endles:s pumpst.attonstbatwtnmoveW'1-· ~and the hawk& that glide tertromtherlveruplntothehllls quieUy above lta -undy bllls and into a se~ea ol m~tuml ba- fnaska.blur ofacUvit;y. s1nS.. Underneath . this · . tpstoPe . . . "When the nuich went on the 20,()()().aere . &pre.ad a · groUrid~: market. ev'eryone lo<>ked at it breaking, cQntroverslal water andpaasoo;"Lembkesald .. project is In the works. . . Aooordini to Jocal Jore, it was Its creators envision the prop· . named ttM! •7fj 1 t>eeause It lles 70 erty as a gtant eXchang~ atatlon, mlle5 trom what were once three wnere water moving from tarms m.aJorcattle shiPpinghubs: Den- to the thirsty Front Range can ver Cheyenneanllsta-Ung. bedroppedolf,storedanddivert· The romanUc old spread has id . '. . . . . · watertUbts dating back to 187S. · -The Wldertaking·ts the result . But because lts grasses are so ofa partn~hlp between one of 0 spars,e it oould teed on.1y a 'rew the Wges€ famie~owned water . hund~cattle. · . suppnera on · tb8 F?Ont Range -crops Wei-e hlird to grow be- and a multlmlllionaire developer cau~ the soil was too sandy. whO've joined foroes to create a Even 'a mwt1m1111on-dollar etrbrt regionalW~teroompany. . · to create ·a masstve hog · Cann They characterlze the ra~h as. . there in the 19~ failed. a giat_l' bucket or ~d. h6lf _the . Tod~atherre.nche.s In the area .... "" ,..~ .. ~ ..... , .. u--,,.., n,.......w.--"t'U"f.""f.-. ·F~~·f~ch to regionai ·~t~r,~stetn Wiien atonc-standlns·.,..t1on regional w*fsystemtlaatca1i~oe ~use.FIUCO,asitsknoWB; ce..,-r ~d ~ devel~ join such tast-gCllving ronununities as . -~ fO\lf' ~'Oirs lo · forciS, a regional waia-$)'Steiois . Brightoo,l.Axhbuieand Centeilllial. the metro area. '1Wo,S1andley and bom. Thelm-)~ld Brighton· . . ~historic JO Ranch is a key pan l'3rshall.lake8. already pro\'ide bWied Fanoers ReseIVCir and of tlae project, acting as a gia.at some wa&er to dtie&. The aew lrrig&tioo CO. is partnermc with · exdaange 81¥1 ~ slation where llOder1aking ,yj]l open Ban-and de\-eloper &bert ~mbke to creale a · -fum water OIJl be uaasfemd for Miton Jakes 1o municipal use. ..,_.. = -c:...:> ..,_.. ----1.'-.!> = = c:..n ~ ..,_.. '.-..:J a--.:> c:..n E c:...:> = c:...:> c:..n Ir-..:> er.> Ir-..:> er.> a--.:> .- i:s:: s;l:> -.,-T i--c::;:s Sil"> ::E C> C> p. ::E ~ CD - -1- -1- -1- ~ .,_.. ~ C> C> p. c:::: .,-T ......... .,_.. ):> -\ :-\ -t By Jenl.Suddl FRICO bought the 70 Ranch fur -· f2~mWon . · " ROCKY MOUtffAIN Nf.\Y_S . . ' :_ , Slpoo then., mare~ $1 mll- -·\!I I L ~ I : · u· • '---~''"""-;.·t~..i~~ i --~···· . . . · .. -,_, '·. on llG<> ..• &M"" r.,s .,. .... ~ ts · .. , KERBBY -:-The 3,!J,~ Oil the natural , stud,Vlng lta geol- ruml·luek 70 Ranch.~ 9(Gree-ogy and the ilowa ottherlver, &nd ley1snearlyperfe4 .. · . . . enitbeertrig the canals and But the serenity, the. endlms : ·pumpst.alionsthatwlllmovewa-· views and the hawks that glide :'terft:"oolthertvetuplntotbeh1lls quietly above its_ sandy hllls and .Into a senes of natural .ba~ ina.sk a blur or actlvity. ~Ins. · ' underneath . this t : ~at~e . -' "When the ranch wene on the 20,000-aere spread a ground -~,' e\iel')'Qne look~ a~ lt bre8kin(r, ~ontroverstal water andpassed,"Le.Dlbke said, proJectislntheworb. Aecordlrig ~o local lore, it was _ Its erea~rs envlslon the prop· ·riamed the ·10'' because it lles 70 erl;y as~ giant exc11an&e station, miles from what were once three when! water moving from (arms major cattle shipping hubs: Den- to the thirsty Fron\ Range can ver,Cheyenneandsterllng. t;ie _droppedoO:storedanddlvert--The romantic old spreed has ·. ed.Th ·d· · ..... ~~ .. ~-! th sul.t ~rlghisdatingbackto 18'1S. e un _e. ~'6 __ s e re . But because its grasses are so of a P~~hlp qet~ one or spara.e, it C-OUl.d teed only .a !eW the largest f~er--0wne9 water huiufred Ca\tle. suppliers .on the Front Range Cl'Ops were hftrc1 to lll'OW be- and a mult.imilllonalre developer ca~ the soil was toO sandy. who've Joined roroes to create a Even 'a mwtlmllllon-dollllr effort regional wat.eroom~any. . . . to creat:e 11 massive hog farni They characterize the ranch as. . . . a gl~t bucket or sand, half the there~th.e 198.o.&Ciilled size or the ·city of Denver. Wlthln · -Todily other ranches ln1J;le area the tiriy ~paces. be~en the -neighbors include blllion.aire · . ~ billions of galloI)S o(water Fhll~u!'.Zan~ Oolora.d.oRook-, -, ~-~ , · · -· · · · · · . . · les ftrst baseman Todd "-'°elton -can ax: he1d, crest.mg ap under· -. . . q 'gtpund ~etv.oir tap able .or 11t0r.-... are wlued ~.much 1br their wild-ing 'water for · at · leaSt 20 ooo ll(ebll,bltatas~eJ:ie .. · · · · · · ·· · · · ' · Butln the'TO li!mbke and.FRI-homes.. . · , · . · " " . -· . DeveloperRobert.Lembkeand -co saw more than the hawks · _·Bii@.t'4 if::~~ed ~~~en Reser-· m:erP,ejl.dand ~lush wetlands. ':VO}r:_~~:~1Ja~on _,0o. ·believe . , . 1;9 _1µ.ost~t>l~lt was1worth--•~E;-:PI'9.P.elt>Y -~·ntovide a key . ~e.~.··~W!e '. f.t1ey didnt .~ve . ··cf · M"il:''li""' ... f ;,;. '--t ~..-...hlt .. what.we have-the :P'RlCO wa- • · G ~:;,;;{-:.;', .:C .. ~~; ;:~.;ti · · ier:'.·Lemblai-~ai<:t · · ~orF1i.J~&-~funbers.. --. •· TM.ran;ch ~sits in a sweet .-"We llope .to.s~ as: a Ilrik," . .spot ;.ln ~.aQ11th Platt.e Basin. Le'mbke said: ,,··-:· ::· :, · The }i\'ler run.S through lt, feedJng Wlth Col~d.~'.~:: water · de-. aaeii.e.s ofhlgh plafusfU'rnrese~ mand expechicrfo;_s~ 53 per-voira that lu!.ve kept c.}lo_rado'~. · .. centintjlieP.eJtt:2,6:Ye'ju's, water or-. -~tlrrlgatedagrlculture econ- ··:;,llclel.1YP,~d do~tlle state'sl_Jr-· ·OniYP,Jlo~H?rtbepastcent.ury. -·ban ··oomdor;'are ·:sear.chlng for · . ~~,·_mo~ agriculture water · ' ·_~1l(>-· ~:-tJ)s ' · pt.entll\JJ.' ·-. fr'(>~·~JUCO~I! .tanners anc1 oth-. "·:-m:;T~~~~~~:. :~,~~~~t :ydc;:~~::i:.. · lngttsfaimeoonomy. .canytng water across the ranch 1 •0 -:,;_,_ , :,4 ;,";.t ,~1., .·'.· I "..:,..'t •' k~=:·i "•1 1'",',,t ,·1 , ~~: ~ •' , •.·"~.·~ ....... • U\ACPISCIJT1Yl!lOCl\Yl.CUIU.tll\Vl:'I Fanners Reservoir 8llCI lqatlon Co.. general manager Manuel MontDya. ofGreeley, sooopsup a handful of sandy.soil on die,~ Ranch~ Kersey. "This whole ranch is nothing but sand bowls, .. he said, where biDionsof gallo~if y.raj~~ be stored ir! the tiny spaces between the grains. ..__ ___ _____,__-_. -------~-~~--.~-· -------------- ;furi~'~m to regionai '~~r :~Ystem ·Whea • I~ lntpllon regiooal waterS)"S(em that can ~n-e · . urba(l use . PJUOO,asit's knoWI\ COJ!!!f.-. an<b de~oper join sud:i &st-growing oommunitieu~ · O\l'Jlll ~ reiierwirs io fortxis, a reiiooalwater system is Brigl:itln, Lochbuie ~·d ee-.ilnial. rue metro area. 1\w, Stantley arui boqi. The 103'.')liar-old Brighton· , ~historic.70 Rench iS a lcey part Marshall lake8. already proviM · _based Farmers Resenooir and of the project, acting as a giant some water to cities. The oov ~on CO. is partnering wih eia:hange· and holding station v.ilere oodataldng wil ()pen Barr and developer Robert Lelllhke to create a · , farm watrc can be traasferred for Milton 1alres to municipal Wile . ilmt.#ltumu1tl1:'V -Y1u1 m1uuu111 • MODlllN ALWVIUll .. ·- a..... u.a z ...a11u-;..iirsold . Modem alluvium -marble or . waln\it-slzed gravels --are ttte residue frorTI the end or tile taSt lee age. 0 E.OUA!'Da'OSA.TI , ' . ./ . . ......... ·~liiwflilll :·· •. . .. ... ...... :-.· . ·. Eolian deposit$ ar~ ~nera!Ma unlfonn , tn&-&ra1ned ~:atx:illl'.ttie,siie ot'<f . i j)1rihead. Eiecii0se 01 tile .size al ttie · grain, and Its uniformity, the soil is very porous and atlaws water to seep irin the ground quickly, limiting evaporation .. . How~arolethelnnovatlve tocanehthatwtnreed.water1nto 70 Ranch -project wlll play isn't natura1 recharge basins where lt clearye~ will qul~ seep lnto the sands ly- ~g bel9w ground, iilowJ.v mtgrat-· . ~lr / ::~~=::~~'~':;~'!nd ·~ ·,{:;,,: ~-·.i~;& ~;~CJi~i~A :/ ~:'.~ubp~as:FrnCb · · · ~-. _ .... ~ .... ....... c:::::> --c:..... ....... --I'.:> c:::::> c:::::> c.n i=c: §;: ....... --:J I'.:> --:J ~ c- c:::> c- c.Tl I'.:> c::r.. I'.:> c::r.. I'.:> .-. ~ '"":II .,-1' ....... t:::S ""' ~ c:::::> c:::::> A. ~ g.:> .,-1' CD '"":II ~ ~ ~ §l OQ ........ ~ c:::::> A. c::::: .,-1' ....... ........ ....... c-1' ....... cc ~ lf§;J c:::::> c:::::> <:..:. --= c:::::> c:..... I i SAWJIDAY, OCfOBEll.29, 2005 tOO /tOO® ru CtH,;uuiugLu V•J.iu.1 ... ~1 t masks or scary cos- 1e ~vent, but no one was 11 t ~ r LJ I Dawkins, 11, came as eaper, complete with c: !r his face, and twirling l1' t-: !-headed ax. 'I ur first time, and we'll r \--I think it's great that !; g this for the communi-" <:l: . mother, Kim Dawkins, ~ McKinney, program di- :tu1, u~--tne community center anted to get away from witches d demonology -the non-Chris- n elements of Halloween. We mted to make it safe and non- ary." The decorations were harvest- emed, with scarecrows in the )nt display cases and a giant intlat ~ >le spider In the enclosed patio. A cardboard stand-up figure of !ar Wars character Jar Jar Binks :eeted visitors at the entrance to 1e main room. Inside were other :irdboard figures that ranged from red Flintstone to former basket- all superstar Michael Jordan. Andrew's mother, Stacy Smith, 1, of Aurora, was one of the few par- nts who brought her children be- ause she was not comfortable with radltional Halloween events. "They're not run by Christians, lnd it's not Christian culture," said ' >mith, who wore a bright clown cos- .ume. But there were also other reasons ;he liked the Harvest Festival. "It's safe, and there are a lot of ;hings for kids to do." Inside, much of the room was dom- lnated by the inflatable obstacle course, plus two other inflatable structures children could play in. Tables along another wall fea- tured carnival games. Maya Heath, 9, of Denver, was waiting patiently in line for her tum at the face-painting table. "I like to come here," said Maya, who came as Tinkerbell in a bright green top and gauzy skirt. This Is Maya's third Harvest Festi- val. Her father, Robert Heath, 51, kept an eye on her from his bleacher seat Monday. "It's in a safe place an~ I don't have to worry abol.it drive-bys ' (i>hootings) or drunk drivers," he said of the event ...... ~ ........ , , ~ ~ ~ • , ,, _,lt'"' .... o• •... . 0 , ~ Stapleton trick-or-treaters wade through fog, cobwebs and skeletons to ring the doorbell for Halloween goodies at the home ofDavid Westman and LI Anthony Aragon. Click on Sonya Doctorfan's Video Journal at RockyMountalnNews.com 2nd Adams dump studied Landfill would hold radioactive waste if state approves plan By Todd Hartman RO C KY M O UNTAIN NEW S A second Adams County landtlll would be allowed to accept low- grade radioactive waste if the state health department approves the proposal. Waste Management-owned Con- servation Services Inc. north of Bennett wants to routinely receive waste that regulators and landt111 operators say contains extremely low levels of radioactivity and pos- es negligible risk to people or the en- vironment. Much of the material would be sludge le~ from treatment of drink- ing water and tainted with small amounts of naturally occurring ra- dioactive elements such as urani- um. That kind of waste is on the rise, as revised federal drinking wa- ter regulations require more extrac- tion of such contan1inants. The limits on radioactive waste at the CSI .site would be tighter than those proposed for another landt111 on the eastern fringe of Ad- ams County, near Last Chance along U.S . 36, regulators said. Operators of that site, owned by Massachusetts-based Clean Har- bors Inc., have asked the Colorado Department of Public Health and Environment for permission to ac- cept sinillar low-level radioactive waste, illbeit with allowances for sig- nificantly higher levels of radioactiv- ity than at CSL The Last Chance proposal has • 6Um:'ed controve1sy" as rasideut..s, Agency accused of favoring operator By Chris Barge ROCKY M O UNTAIN N EW S A series of e-mails and correspon- dence show a too-cozy relationship between the state health depa1t- ment and a landfill operator, says a lawyer hired by Adams Counly Lo block radioactive dumping near Last Chance. Howard Kenison said he and his staff thumbed Lhrough 22,000 docu - ments and found what they believe is a pattern of public health and the environment taking a back seat to the health department's and land- 11ll 's common business interests. environmentallsts and county offi- cials in opposition say state offi- cials are oven;ding their wishes in search of an inexpensive, remote place to dispose of radioactive waste. But the potential disposal of such waste al CSI has garnered lit- tle nolice, and no outcry. That might be because CSI has accepted such waste before, though only on a case-by-case basis aner approval from state reguiators, and fewer than a dozen times since 1989, said Alan Scheere, an environmental specialist for Waste Management. Protests or not, the CSI proposal will likely face scrutiny from Adams County officials . While the slale may allow disposal of the material with less oversight, the county will continue to require a closer look at each shipment. "It's too contentious a subject to (all.ow) ..disposal .without doing .a Doug Benevento, head of the health department, has said allow- ing low-level radioactive waste in the landfill would significantly cut costs for the state, which currently pays Lo ship radium-tainted dirt from under Denver's streets to a landfill in Idaho. "The events disclosed by these documents illustrate the extraordi- nary extent to which the process has been the product of behind the scenes communications and meet- ings between (the health depa1t- ment) as a regulator and the licen- see-permittee, Clean Harbors," Kenison wrote in Adams County's response last week to an applica- case-by-case (review)," said Craig Tessmer, an environmental analyst for Adams County. "Somebody has to double-check." State and Waste Management of- tlcials have actually been discuss- ing allowing the material at CSI for several years, said Charles Bayley, vice president of government af- fairs for Waste Management. In fact, it was state health offi- cials who first approached Waste . Management, about streamliniJlg CSI's acceptance of the waste, land- fill officials said. That's beca use, with significant in- creases in tainted drinking water sludge, cities and other drinking wa- ler providers need Colorado landt1lls that have the protections and experi- ence to handle the low -level waste. They also need sites that aren't as expensive as some out-of-state tion by Clean Harbors to receive . low-level radioactive waste rrOm across the Rocky Mountain West at a landt111 near Last Chance, in the southeastern comer of Adams County. Kenison went on to write, "The net effect of these meetings and communications has been to blur the required arms-length relation- ship between the Department and Clean Harbors and has, in this case, apparently compromised (the department's) fiduciary re- . sponsibility to protect the public health and the environment and to Flip to INTERESTS on 14A -: . E. 88th A '.1 fci -. "~~ .. l ·:~~fi;.\ ··'"'"~j ,,.,.,,,,.'i?i]! •. 1~, ~'I • .. •.,. " ;~1:1 .,..-~~~ • :,,...,.,~ ~-·f .. ·• .~ ...... tARAf'A~Q~CQ,.Vti~~ 71 >:J ;.\~1'h:d:i tl • ; 1 .~ N .1 i,nri ; ' S 11111,D H 'l l . r :; ~·f J fo r!if ;1rt ~ • 1 ' R()()(V MQuNTAIN Nf;WS · ..... '·"'·'·'l\lipto·LANDFJLI;onl4A 1 ~~~~~~~~~~~~~~ •. rtamiiik<1f;safu:f()-;th~1 ;~;keIB' J Continued from 6A . . . bundmg, oil and gas operations~d for the public at large," Tessmer i landft11s, built t.o accept higher-level mlning. . . . said of the limits attbe CSI site, simi- / radioactive waste -sites like CSI In the case of CSI, the upper llm1ts lar to what backers of Last Chance ; and.Last Chance, regulators said. of the radioactivity of the waste . have said about the waste proposed l "We're looking at having a couple would be 15(} picocmies per gram ft>rthiitsite. . ; of places with enhanced (environ-At the Last Chance site, the ceiling Both sit.es are engineered to ac-i mental) controlS that can take tl:1is would be far highei;, at 2,000.picocu-. · cept such material, regulators. say, •. material on a routine basis," said ties pergram, T.arlton·said. .because they al.ready accept nsker I SteveTarlt.on, unitlead.erforth~ra-· Regulatorssay.suchleVelsarecon~ . niaterials: Last Chance is a hazard- ! diation management unit at the · sidered low .. A worker exposed to ous waste landfill and CSI is an in-i statehealthdepartment. · suchlevelsofradioactivityforapro-dustrial waste landfill, which rum- i At issue are types of radioactive longed.period would get similar d()S-dles:waste paints, oils and asbestos, i waste known as naturally occurring es by taking a .cross:-coun~ air-among other chemical leftovers. I. radioactive waste and ":l;ecbnologi-. plane filght, and receive .a far higher . caDy enhanced" radioactive waste. dosetromachestX-ray. . hartmmU@RocJcyMau:n.tainNews.cam ! Such wastes are often Je1't from road · f'It's safe for the. woraers and safe . or303-892-5-048 I . . . . . . . . I Interests: Qtficialsmaydecide soon I Continued from 6A · to ~d Roitman, Clean Harbors~w-that, because the money being used I deal openly wit.hall citizens and Io-yer James Spaanstracirpresseafrus-. to clean ft up is ultimately coming cal governments .in Colonldo." . tratiori over a Denver ofl'i.cial's: re-out of the state's clean-up ftmd. We ~ A-top health department om.cta1 fusal "to, llnmediately etiertmn the never in any way got involved with disputed that characteriz.ationMon-company's offer to accept the radio-·Denver_ It's thek call." day. _ active tailings at i:.ast Chance. · Adams County has opposed radio- "That's wrong," said Howard Roit-"Doug.and .Howard:. Diana Shan-active dumping at the Last Chance man..environmentalprogramsdirec-non · strikes again," Spaanstra land.till since 1983, when coIIUiliS- : tOr."'The Last Chance site has hiB-wrote, referring to the director nf sionerspassedaresolutionprohibit- 1 torically-.had one of the most open Denver's Environmental · .services ing such matertals. County otncials I citizen. participation processes of Division. "It is unclear whether. this argue that the resolution still , . anywhere in the state." issue ever went any higher than Di-stands, and precludes the landfill I The public comment period end-ana, but we are attempting to ·tmct from accepting radioactive materi-i ed last week. and the health d~part-out.• _ . . _ als; regardless of health department I ment plans to decide on Clean Har-The e-mail goes on t.o say that permits that may say otherwise. i bors' permit application·soon. without the contract to dispose of Benevento bas said he doesn't J -Adams County says the docu-the Denver tailings, "There rilight . need the county's permission to j ments show that the interests of the not b_e a 'next ~ear' for this ~cy." sign off on the radioactive waste per- ' health departinent and Clean Har-Roitman srud the e-mail SlIDply mits. Observenrclose to the process bors have become so intertwined showed a lawyer's attention t.o his saythatthedecisionappearsbound that the regulators can't be objec-client's needs.. · . forthe courts. ~~about a permit application that "Look, Cle~ Hm:bors saw a busi-· One of the many memos that con- lS~~ to-the Last Chance landfill re-ne~ oppo~ty W,:th ~ese nem:er · cerns Adams Collllty is a letter sent ! mrurung o~ radium materials, R01~ sai~. by Spaa:i:i.stra to a top health depart- 1 In an April 2004 e-mail to Beneven-"They know we. have an mterest 10 ment ofllcial. asking for input on his : · interpretation of what would hap- --·--, pen if an approval was appealed in I court. · . i. According to the May 16 memo to i Joe Schietl'elin, a heaith department I compliance program manager, "a 1 court cannot stay the issuance of a . J permit automatically. Instead, the ! ·petitioners must establish that t;hey ; will be irreparably injured if the li- ! cense is not stayed-" ! Throughout bis correspondences · ! with t he health department, Spaan- ll stra paints the radioactive materi- als as practically harmless. ! But mid-level health department I otlicials took the potential health J risk seriously, and ffiqiressed con- t cern over what they apparently saw ' as pressure to expedite Clean Har- bors' applieation In a May 5 e-mail, Schiet!elin wrote to Spaanstra, "this facility is not ready, this company is not ready, and IJwe cannot afford to goof here. When was the last time vou 'll:Ot in a room and wrote a per- .... ,-.; I In a May 5 e-mail, Scbiei!elin ~ wrote to Spaanstra, "this facility is not reaey, this company is not ready,_ and IJwe cannot afford to I goof here. When was the last time I you 'got in a room and wrote a per- . mitJlicense'? It just does not work that way~ never has-and particu- larly not in a situation like this and t , under a time constraint such as_ this." l, In reply, Spaanstra wrote: I "A whoppingaverage of31.75 Pico curtes! I have neckties which give off I. more radiation than. that! Have a l good weekend!! J1m.':' ! lxuyec@Jinc/qjMmmlatnN-.OOm l or 303-892-5059 I ~~i.li}lt :1Nf.IJY,Pl\1.µP,I\ j, ,.l.!Jl,lt>_ , Council rezones Superfund site Commercial and Resldentlal Tiie and Grout Restoration Steam Vapor Clean Ing I Guaranteed 15 year Sealing Leaking or Moldy Shower Solutions Guaranteed Stainless Grout, Former radioactive waste dump to turn into lofts, businesses By AJan Gathright ROCKY M OUN TAIN N EW S Lauding the triumph of a 16-year grass-roots crusade to clean up a ra- dioactive waste dump in south Den- ver's Overland Neighborhood, the City Council unanimously voted Monday night to rezone the Shat- tuck Superfund Site so it can one day become lofts and commercial space. The nearly 6-acre site at 1805 S . Bannock St. had been left contami- nated with low-level radioactive waste by the defunct Shattuck Chemical Co ., whose plant salvaged uranium from defective fuel rods re- jected by nuclear reactors into the 1970s. When the Environmental Prote c- tion Agency proposed sealing the ra- dioactive waste in the site with a "To be at this point in this historic battle is aln1ost unbelievable:' Catherine Sandy ow ner of a hai r salon nea r th e Sh attuck Superfund Si te w h o h elped lea d the fi ght for c lea nup as the on e-time pres ident of th e Overland Neigh borh ood Assoc iation 14 -foot -deep cement cap in the e arly 1990s, a protest sparked by six neigh- borhood women -and joined by then-Mayor Wellington Webb and Colorado congressional lawmakers -forced the EPA to acknowledge that Its plan couldn't guarantee pro- tection of human health or the envi- ronment. Since 2000 , the EPA has been con- ducting a $50 million progra m to r e- move the radioactive waste and ship it by rail to an Idaho stora ge fa - cility . Cleanup is scheduled for com- pletion by next summer. Councilwoman Peggy Lehmann praised the neighborhood a c tivists as "people who would not take no for an answer . . . who knew that burying radioactive waste in the middle of Denver, Colo ., was not right." Residents expressed exc itement about the transfo1mation of the tox- ic dump into a potential mixed-use development that could involve resi- dential, research and retail projects. Proceeds from any development will help defray the cos t of the cleanup. "To be at this point in this historic battle Is almost unbelievable," said Catherine Sandy, own!)r of a nearby hair salon who helped lead the fight as the one-time president of the Over- land Neighborhood Association . "This is what we've been desperately seeking and fighting for in our neigh- borhood." In other business, the council vot- e d 11 -2 to pay a $22,250 settlement to JefTrey R Mayton, an HIV-infect- ed homeless man who allege d he had his shoulde r dislocated during a confrontation with Denver police last year when he was found mm- ""ja Free Estlm11tes ,. . t h t h . il ~! -~-www .~rout -tek .com ~ magmg hroug a ras bin. Counc cMe11i¥ ¥1•h·E·••..J&-i$ members Jeanne Robb and Jeanne Faatz voted against the settlement. Faatz said she opposed payirtg a man who'd been charged with resist- ing arrest. Advertisement But Mayton's attorney, Daniel M. Murphy, sald a judge threw out crim- inal charges against his client. Mur- PhY said the sickly, 135-pound man was simply scrounging for books to sell at the flea market when he was brutalized by two officers investigat- ing reports of a possible identity thief "Dumpste r -diving" for resi- dents' discarded documents. Mayton, who denied resisting ar- rest, alleged that the officers slammed him to the ground with his arms locked behind him, then ini- tially denied him medical treatment and covered up the injury in reports, MurphY said. "It was so egregious," the attorney said. The assistant city attorney who handled the case could not be reached for comment Monday after- noon. gathrighta@'Ro clcyMo unt a t nNews .com or 303 -892 -5486 Herniated Dis4 Technology Discovered by NASA Scientis1 A new free report has recer been released that reveals h breakthrough medical technolc is offering new hope for sciat sufferers. D i scover how resea1 has proven non-surgical spi decompression 86°/o succes! in treating debilitating back pi Find out how why astrona don't have back pain and h NASA's accidental discovery IE to the most promising treatm today. For your free report entitl "How Space Age Technology Solving Back Pain Without On or Surgery!" call 1 -800-800-3< for the toll-free 24 Hour recorc message. 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