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Home My WebLink About20091347.tiffRESOLUTION RE: APPROVE AGREEMENT FOR RIGHT -OF -ENTRY ON WELD COUNTY PROPERTY FOR RESEARCH PURPOSES AND AUTHORIZE CHAIR TO SIGN - ERO RESOURCES CORP. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Right -of -Entry on Weld County Property for Research Purposes between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and ERO Resources Corp., commencing upon full execution, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Right -of -Entry on Weld County Property for Research Purposes between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and ERO Resources Corp., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of June, A.D., 2009. ATTEST: Weld County Clerk to the B BY: AP unty Attorney Date of signature vlac 09 BOARD OF C. NTY COMMISSIONERS ELD CO " Y COLORADO a Kirkmeyer 'J c,Li/ David E. Long CC°. c,cA 07%3 (061 2009-1347 BC0040 Oj AGREEMENT FOR RIGHT -OF -ENTRY ON WELD COUNTY PROPERTY FOR RESEARCH PURPOSES The COUNTY OF WELD, COLORADO, by and through the Board of County Commissioners of the County of Weld, whose address is P.O. Box 758, 915 10th Street, Greeley, CO 80632, hereinafter referred to as the "Weld County," in consideration of the mutual benefits of the work described below, hereby grants ERO Resources Corp., whose address is 1 842 Clarkson Street, Denver, CO 80218, hereinafter referred to as "ERO," a right - of -entry upon property owned by Weld County and located west of 59`h Avenue and north of "F" Street ("Property"), according to the following terms and conditions: 1. ERO is the third -party contractor for the Northern Integrated Supply Project (NISP) environmental impact statement (EIS). ERO is also working under the direction of the U.S. Army Corps of Engineers to develop a common technical platform for certain resources along the mainstem of the Poudre River for the NISP and Halligan -Seaman Water Management Project (HSWMP) EISs. ERO is developing an integrated approach to address aquatic life, channel morphology, and riparian and wetland resources along the mainstem of the Poudre River. With the assistance of the U.S. Geological Survey, the EIS team has selected six study sites on the mainstem of the Poudre River from near Watson Lake to the confluence with the South Platte River. One of the selected study sites occurs on Property. Weld County hereby grants to ERO an irrevocable and assignable right to enter in, on, over and across Property to do the following: a. Access to survey the channel of the Poudre River and areas adjacent to the channel. b. Install 5 to 10 ground water monitoring wells located along a single transect through the riparian zone as shown on the map which is attached hereto as Exhibit "A." The spacing between wells will be variable depending on topography. The well depth generally will be about 5 feet below ground water, but will not exceed 30 feet. Well construction descriptions are attached hereto as Exhibit "B." c. Installation of one staff gage associated with the ground water well transect to be located near the edge of the active channel. The staff gage will consist of 2 - inch -diameter pipes cemented into the river edge for security. d. Installation of survey monuments (scattered locations as needed by the surveyor) consisting of rebar driven flush with the ground and capped. The ground water monitoring wells and staff gages will be monitored in 2009 to determine relationships between river flow and stage and ground water elevations in riparian and wetland areas bordering the Poudre River. This information will be used by the NISP and HSWMP E1Ss to describe the existing relationships between flows, ground water, and riparian and wetland resources and to estimate effects to ground AEI 1111110111IIIIIIIII11111111111IIII 3637099 07/17/2009 11:42A Weld County, CO 1 1 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2009-1347 water levels and riparian and wetland resources associated with the Poudre River and changes in streamflows that would be caused by NISP and the HSWMP. The survey monuments are needed by the surveyor for continuing survey efforts that may be needed for ongoing aquatic habitat and channel morphology studies, and potentially for post -project monitoring should the proposed projects be approved. 2. The following measures shall be taken by ERO to minimize effects to the Property: a. The drill rig (Geoprobe 7730DT) is a small track rig that will minimize disturbance to the ground surface. The Poudre River Trail ("Trail") shall remain open during the drilling of the wells. b. The drill rig will not use drilling fluids. c. The 3 -foot well "stick-up" will be painted a color approved by the County. d. Well locations will be coordinated with the County. a ERO will coordinate on utility locates. g. Wells, staff gages, and survey monuments are proposed to be installed in June, 2009, and will likely remain in place throughout the remaining EIS process (2 to 3 years). These sites might serve for long-term monitoring if the projects are approved. Any long-term use of the wells, staff gages, and monuments would be coordinated with the County for approval. ERO will periodically need to access the property to monitor the ground water monitoring wells. It is anticipated that we will visit the wells weekly for the first month the wells are in place and every 3 to 4 weeks thereafter. The wells would be visited on foot, with parking of vehicles just off 59th Avenue. No vehicles will be allowed on the Trail. h. ERO shall protect the wells from access by persons using the Trail. Any fencing shall be approved by Weld County prior to installation. ERO shall indemnify and hold harmless Weld County, its officers, agents, and employees for, from, and against any and all claims, suits, expenses, damages, or other injury to persons, entities, or property caused or sustained by any person(s) as a result of ERO's performance or failure to perform pursuant to the terms of this Agreement. 3. This agreement is subject to the existing easements for public roads and highways, public utilities, railroads and pipelines, and specifically, the right-of-way for the Poudre River Trail; reserving, however, to Weld County, its heirs, executors, administrators, successors, and assigns, all such right, title, interest, and privilege as may be used and enjoyed without interfering with or abridging the rights and right -of -entry hereby acquired. Weld County shall have the right to terminate this Agreement at any time if 111111111111111111 III 11111111 IIII 111111 III 11111 IIII III! 3637099 07/17/2009 11:42A Weld County, CO 2 2 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Weld County determines, in its sole discretion, that the monitoring wells are interfering with Weld County's use of the Property. Upon termination, ERO shall remove and/or plug the monitoring wells immediately, restoring the Property (where the wells were located) to its original condition. 4. All tools, equipment, and other personal property taken upon or placed upon the land by ERO shall remain property of ERO and may be removed by ERO at any time within a reasonable period after the termination of this Agreement. 5. If any action of ERO employees or agents in the exercise of these right -of -entry results in damage to the Property, ERO shall be responsible for repair of such damage or an appropriate settlement with Weld County. 6. ERO shall furnish to Weld County a Certificate of Insurance for commercial general liability, comprehensive automobile liability, worker's compensation, and professional liability prior to its entry onto the Property. "Weld County, the Board of County Commissioners of Weld County, its officers and employees," shall be named as Additional Insureds on said Certificate. Work shall not commence until ERO has submitted to the County and received approval thereof of said Certificate of Insurance showing compliance with the following types and coverage of insurance. Comprehensive General Liability Insurance: to include products liability, completed operations, contractual, broad from property damage and personal injury. Said insurance shall include coverage for any and all personal injuries to third persons arising out of ERO's activities. Each Occurrence $1,000,000 General Aggregate $1,000,000 Comprehensive Automobile Liability Insurance: to include all motor vehicles owned, hired, leased, or borrowed. Bodily Injury/Property Damage $1,000,000 (each occurrence) Personal Injury Protection As required by Colorado statutes. Workman's Compensation Insurance: As required by Colorado statutes. 7. Mutual Understandings. a. Integration of Understanding. This Agreement contains the entire understanding of the parties hereto and neither it, no the rights and obligations hereunder, may be charged, modified, or waived except by an instrument in writing that is signed by the parties hereto. 1 11111111111 111111 III 11111111 IIII 111111 III 11111 IIII IIII 3 3637099 07/17/2009 11:42A Weld County, CO 3 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder b. Parties Interested Herein. Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon or to give to, any person other than the parties, any right, remedy, or claim under or by reason of this Agreement of any covenant, terms, conditions, or provisions hereof. All covenants, terms, conditions, and provisions in this Agreement, by and on behalf of the Weld County and ERO, shall be for the sole and exclusive benefit of the Weld County and ERO. c. Severability. If any provision of this Agreement is determined to be unenforceable or invalid for any reason, the remainder of this Agreement shall remain in effect, unless otherwise terminated in accordance with the terms contained herein. d. Authorization. Each party represents and warrants that it has the power and ability to enter into this Agreement, to grant the rights granted herein and to perform the duties and obligations herein described. e. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 11111111111111111 III 11111111 IIII 111111 HAIN IIII IIII 3637099 07/17/2009 11:42A Weld County, CO 4 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder IN WITNESS WHEREOF, the parties hereto execute this Agreement on the )5 day of June, 2009 ATTEST: CLERK TO THE BO eputy Clerk o the Bo WELD COUNTY: illia F. Garcia, Chairman JUN 1 5 2009 \\.,,P Board of County Commissioners of Weld County 111111111111111111III111111111111111111III11111IIII1111 3637099 5 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder ERO: 5 oo9-/sr7 N U 9 o [ d p cc If 'et 0U 5 O U OC 9 N2 o N O iz V O ✓ CO CO ..S. T O O pC N r O T O rOCC O n cc - M Co 10 o -23 N n ° a 0 rc co, N m O E Pori o o dommm 1SL Well Construction Description All ground water monitoring wells installed as part of the Northern Integrated Supply Project and Halligan -Seaman Water Management Project EISs will be drilled using a Geoprobe 7730DT direct -push drilling rig (Figure 1). The 7730DT has a footprint of 6.5 feet wide by 12 feet long and operates on tracks, which evenly distribute the vehicle's weight. This will enable access to locations with minimal disturbance. — 0 0 cc o Uojj .6s = U 0 �U C �9 d — O O —3 w Ol "IA CO —r ro 0, o 0 = 1-O v -O r. CC 0n O O CO -Mn Figure 1. The Geoprobe 7730DT direct pushrig. The piezometers will be installed down 3.25 -inch -diameter boreholes, and will be constructed using 1 -inch -diameter PVC well casing with 0.010 -inch factory slotted screen. The screened interval annulus will be filled with 10x20 -size silica sand with the remaining annulus space above the sand pack being filled with a hydrated granular bentonite seal. The surface completions will be a variable length (0 to 3 feet to be coordinated with the land owner) and will have a protective steel casing with a lock to prevent unauthorized access. In addition, there will be a locking J -plug cap on top of the 1 -inch well casing inside the protective steel casing. The protective steel casing will be installed with concrete at the surface. Prior to installation of wells, ERO, in coordination with the land owner, will conduct a site reconnaissance to determine the best locations for the proposed borings. ERO will notify the Utility Notification Center of Colorado (UNCC) and other appropriate entities as directed by the UNCC to locate underground utilities near the proposed boring locations. ERO will meet representatives of UNCC and/or other utility owners as directed by the UNCC to identify subsurface utilities. All wells will be registered and permitted with the Colorado State Engineers Office (SEO). Upon project completion and/or the wells are no longer needed, the wells will be plugged and abandoned in accordance with Rule 161 of the State of Colorado Rules and Regulations for water well construction (2 CCR 402-2). = 16.2 Wells or Boreholes in Type 11 and Type Ill Aquifers - Wells completed into unconfined aquifers and unconsolidated aquifers shall be plugged, sealed and abandoned by filling the well to the static water level with drill cuttings, clean sand or clean gravel, then with clean native clays, cement or high solid bentonite grout to the ground surface. The uppermost five (5) feet of casing shall be filled with grout or a permanent watertight cover shall be installed at the top of the casing. If casing is removed, the hole shall be filled as described above to within five (5) feet of the ground surface. The top five (5) feet of the hole shall be filled with materials less penneable than the surrounding soils that are adequately compacted to prevent settling. ACORn CERTIFICATE OF LIABILITY INSURANCE OP ID ST ERORE-1 DATE(MM/DD/YYYY) 06/04/09 PRODUCER CoBiz Insurance, Inc. 821 17th St. Denver CO 80202 Phone: 303-988-0446 Fax:303-988-0804 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDINGCOVERAGE NAIC# INSURED ERO Resources Corp 1842 Clarkson Street Denver CO 80218 INSURER A CNA Insurance INSURER BI Procentury Insurance conpany 21903 INSURER C'. Pinnacol Assurance INSURERD. INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 7NSR LTR ADDR. NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EI-I-ECT NE DATE (MM/DD/YY) POLICY EXPIRA DON DATE (MM/DD/YY) LIMITS A X GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 4017313850 03/05/09 03/05/10 EACH OCCURRENCE $2,000,000 X PREMISES (Eaoccurence) $300,000 JCLAIMS MADE [X I OCCUR MED EXP (Any one person) $10,000 PERSONAL BADV INJURY $ 2,000,00 0 GENERAL AGGREGATE $4,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,00 0 X POLICY PROJECT A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NONOWNEDAUTOS 4017313850 03/05/09 03/05/10 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY'. AGG $ A EXCESS/UMBRELLA LIABILITY 4017314285 03/05/09 03/05/10 EACH OCCURRENCE $1,000,000 X OCCUR CLAIMS MADE AGGREGATE $1,000,000 DEDUCTIBLE RETENTION $10,000 $ X $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY ETOWPARTNEWEXECU IIVE OFFICER/MEMBER EXCLUDED', It yes, describe under SPECIAL PROVISIONS below 1655162 08/01/08 08/01/09 XOS UIH- TORY LIMITS I I ER E . EACH ACCIDENT $1,000,000 E. L. DISEASE - EA EMPLOYEE $1,000,000 E . DISEASEPOLICYLIMIT $1,000,000 B OTHER Contractors Pollut Professional Liab CCP586846 03/05/09 03/05/10 Per Claim 1,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Weld County Parcel: 080533000088. Weld County, the Board of County Commissioners of Weld County, its officers and employees are Additional Insured with respect to General Liability only. *Except 10 days for nonpayment of premium. CERTIFICATE HOLDER CANCELLATION WLDCTY Weld County Board of County Commissioners Bruce Barker, Weld Cty Attny P.O. Box 758 Greeley CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORSENTA ACORD 25 (2001/08) © ACORD CORPORATION 1988 ERO ERO Resources Corp. 1842 Clarkson Street Denver, CO 80218 (303) 830-1188 Fox: 830-1199 www.eroresources.com ero@eroresouices.cor p '2700 protects 2701 April 29, 2009 Mr. Bruce Barker Weld County Attorney PO Box 758 Greeley, CO 80632 RE: Request for Access to Weld County Parcel 080533000088 Dear Mr. Barker: ERO Resources Corporation (ERO) is the third -party contractor for the Northern Integrated Supply Project (NISP) environmental impact statement (EIS) and also is working under the direction of the U.S. Army Corps of Engineers to develop a common technical platform for certain resources along the mainstem of the Poudre River for the NISP and Halligan -Seaman Water Management Project (HSWMP) EISs. ERO is developing an integrated approach to address aquatic life, channel morphology, and riparian and wetland resources along the mainstem of the Poudre River. With the assistance of the U.S. Geological Survey, the EIS team has selected six study sites on the mainstem of the Poudre River from near Watson Lake to the confluence with the South Platte River. One of the selected study sites occurs within Weld County Parcel 080533000088 along the Poudre River west of 59th Avenue (map attached). ERO requests authorization from Weld County for the following: Access to survey the channel of the Poudre River and areas adjacent to the channel. Installation of 5 to 10 ground water monitoring wells located along a single transect through the riparian zone. The spacing between wells will be variable depending on topography. The well depth generally will be about 5 feet below ground water, but will not exceed 30 feet. Well construction descriptions are attached. • Installation of one staff gage associated with the ground water well transect to be located near the edge of the active channel. The staff gage will consist of a 2 - inch -diameter pipes cemented into the river edge for security. • Installation of survey monuments (scattered locations as needed by the surveyor) consisting of rebar driven flush with the ground and capped. The ground water monitoring wells and staff gages will be monitored in 2009 to determine relationships between river flow and stage and ground water elevations in riparian and wetland areas bordering the Poudre River. This information will be used by the NISP and HSWMP EISs to describe the existing relationships between flows, ground water, and riparian and wetland resources and to estimate effects to ground rrthem integrered aiphh eislsdturipannn rest urce,.barker letter 4-20 Ou due Consultants in Natural Resources and the Environment Mr. Bruce Barker Page 2 April 29, 2009 water levels and riparian and wetland resources associated with the Poudre River and changes in strcamflows that would be caused by NISP and the HSWMP. The survey monuments are needed by the surveyor for continuing survey efforts that may be needed for ongoing aquatic habitat and channel morphology studies, and potentially for post -project monitoring should the proposed projects be approved. The following measures will be taken to minimize effects to the property: The drill rig (Geoprobe 7730DT) is a small track rig that will minimize disturbance to the ground surface. The drill rig will not use drilling fluids. The 3 -foot well "stick-up" will be painted a color approved by the County. Well locations will be coordinated with the County. ERO will coordinate on utility locates. The wells, staff gages, and survey monuments are proposed to be installed in early May 2009. The wells, staff gages, and survey monuments would likely remain in place throughout the remaining EN process (2 to 3 years). These sites might serve for long- term monitoring if the projects arc approved. Any long-term use of the wells, staff gages, and monuments would be coordinated with the County. We will periodically need to access the property to monitor the ground water monitoring wells. It is anticipated that we will visit the wells weekly for the first month the wells are in place and every 3 to 4 weeks thereafter. The wells would be visited on foot. I have attached a well construction description and an aerial photo showing the general location for the wells. Please contact me if you need additional information or have any questions. Thank you for your assistance with the access. Please let me know of any specific requirements you have for access and installation of the monitoring well, staff gage, and survey monuments. Sincerely, Steve Dougherty Principal cc: Chandler Peter, U.S. Army Corps of Engineers Brad Anderson, Anderson Consulting Engineers Courtney Sockwell, ERO Mike Galloway, ERO Attachments ER0 Resources Corporation Esther Gesick From: Sent: To: Subject: Bruce Barker Thursday, June 11, 2009 2:40 PM Esther Gesick FW: Request for Access to Weld County Parcel 080533000088 This goes with what I just sent through. Original Message From: David Bauer Sent: Wednesday, April 29, 2009 4:49 PM To: Bruce Barker; Pat Persichino; Clayton D. Kimmi Cc: Mel Everhart; Curtis Hall; Greg Nelson Subject: RE: Request for Access to Weld County Parcel 080533000088 This is our Sheep Draw property. They want to put in a line of shallow piezometers to monitor ground water levels related to the Poudre River. It's for a regional environmental study related to the NISP (Glade/Galeton Reservoir project). I don't know if ERO is working for or against the project. The locations they want for their piezos is basically on the north side of the river, so not the area we would mine gravel. There is a tank battery and oil well over there, the oil traffic might run over their wells. Also their water level data will all be corrupted if we install a slurry wall around our mine site and/or we pump water from our pit during mining. Those necessary activities will play havoc with their water levels. That's their problem to address when using the piezo data. I have no objection to their installing the piezos, if at their sole expense, and if we and Noble Energy have no liability should we mow one off or drive over it or stockpile something there. Their activities should also stand off the Poudre trail if they get onto that side of the river, and we should think about whether, after they are installed, we want them driving to each piezo or walking in from 59th to take measurements. David Bauer Weld County Public Works Original Message From: Bruce Barker Sent: Wednesday, April 29, 2009 4:17 PM To: Pat Persichino; David Bauer; Clayton D. Kimmi Subject: FW: Request for Access to Weld County Parcel 080533000088 Pat, David and Clay: Steve called earlier today and I told him to send me a request. I suggest we could do an entry agreement much like what we did with that company last fall that had contracted to do the work for restoring power lines and poles in Windsor. Let me know if you are OK with their proposal. Bruce. Original Message From: Steve Dougherty [mailto:sdougherty@eroresources.com] Sent: Wednesday, April 29, 2009 3:34 PM To: Bruce Barker Cc: Courtney Sockwell; Mike Galloway; Chandler.].Peter@nwo02.usace.army.mil; Brad Anderson; dstrickland@west-inc.com Subject: Request for Access to Weld County Parcel 080533000088 Mr. Barker: Thank you for your help this afternoon regarding access to Weld County property along the Poudre River west of 59th Ave. I have attached a letter requesting access to the property for our studies that describes the purposes of the studies and the studies that are proposed to be done on County property. Please contact me with any questions. I appreciate your assistance with our request. «Barker letter 4-29-09.pdf» «Greeley BNSF Well Transect.pdf» «Well Construction Description.doc» Steve Dougherty ERO Resources Corp. 1842 Clarkson Street Denver, CO 80218 303-830-1188 303-830-1199 (fax) sdougherty@eroresources.com www.eroresources.com <file://www.eroresources.com> 2 Elizabeth Strong From: Sent: To: Subject: Importance: Esther Gesick Monday, June 15, 2009 11:14 AM Elizabeth Strong FW: Request for Access to Weld County Parcel 080533000088 High Esther E. Gesick Deputy Clerk to the Board Weld County, Colorado 915 10th Street Greeley, CO 80631 (970)356-4000 X4226 (970)352-0242 (fax) Original Message From: Bruce Barker Sent: Monday, June 15, 2009 9:25 AM To: William Garcia; Douglas Rademacher; Dave Long; Barbara Kirkmeyer; Sean Conway Cc: Esther Gesick Subject: FW: Request for Access to Weld County Parcel 080533000088 Importance: High This e-mail is for item 8. I forgot to send it to Esther for inclusion today. Original Message From: Eric Wilkinson [mailto:ewilkinson@ncwcd.orgi Sent: Thursday, May 21, 2009 10:04 AM To: Bruce Barker Subject: RE: Request for Access to Weld County Parcel 080533000088 Importance: High Bruce: The work you are inquiring about is being done in conjunction with the NISP Project. The data that are being collected and recorded will be incorporated into what we are calling a "common technical platform" that will be used in the detailed National Environmental Policy Act (NEPA) analyses of WISP as well as the Halligan Reservoir Project and the Seaman Reservoir Project (the Halligan and Seaman reservoir projects are jointly referred to as HSWMP). By developing this and other technical data that are common to all three projects and using that data in the evaluation of each of the three projects, the projects, and the effects caused by each of the projects, can be evaluated and compared equitably, with commonality of data. ERO is the third -party contractor hired by the NISP participants (acting through Northern Water) to work under the direction of the Army Corps of Engineers to prepare the required NEPA documents for NISP, including the Draft EIS, as well as the Supplemental EIS that ERO is now working on. I can assure you the NISP participants and we at Northern Water very much appreciate the Board of County Commissioners continuing and active support of the NISP Project. I hope this provides the information that you need. If you have any other questions, please do not hesitate to contact me. Thanks, Eric W. Wilkinson General Manager Northern Water 970-532-7700 (Main Office) 970-622-2201 (direct line) 303-877-4188 (mobile) Original Message From: Bruce Barker [mailto:bbarker@co.weld.co.us] Sent: Wednesday, May 20, 2009 3:14 PM To: Eric Wilkinson Subject: FW: Request for Access to Weld County Parcel 080533000088 Eric: The Board of County Commissioners of Weld County is being asked by ERO to allow the placement of 5 to 10 ground water monitoring wells on property owned by the County adjacent to the Poudre on 59th Avenue. We cannot tell if this is something being used by Fort Collins to oppose NISP and HSWMP. The Board is, as you know, every much in favor of NISP (I do not know the Board's stance on HSWMP). Would allowing ERO to place these wells hurt NISP? Thanks! Bruce. Original Message From: Steve Dougherty [mailto:sdougherty@eroresources.com] Sent: Wednesday, April 29, 2009 3:34 PM To: Bruce Barker Cc: Courtney Sockwell; Mike Galloway; Chandler.J.Peter@nwo02.usace.army.mil; Brad Anderson; dstrickland@west-inc.com Subject: Request for Access to Weld County Parcel 080533000088 Mr. Barker: Thank you for your help this afternoon regarding access to Weld County property along the Poudre River west of 59th Ave. I have attached a letter requesting access to the property for our studies that describes the purposes of the studies and the studies that are proposed to be done on County property. Please contact me with any questions. I appreciate your assistance with our request. <<Barker letter 4-29-09.pdf>> <<Greeley BNSE Well Transect.pdf>> <<Well Construction Description.doc>> Steve Dougherty ERO Resources Corp. 1842 Clarkson Street Denver, CO 80218 303-830-1188 303-830-1199 (fax) sdougherty@eroresources.com www.eroresources.com <file://www.eroresources.com> Esther Gesick From: Sent: To: Cc: Subject: Bruce Barker Monday, June 22, 2009 10:08 AM Steve Dougherty Nancy Koch; Esther Gesick RE: Request for Access to Weld County Parcel 080533000088 Thanks. The Right -of -Entry has been approved and will be signed this week. I will ask Esther Gesick of the Clerk to the Board staff to see that it is recorded. She will send you a copy of the signed document. Original Message From: Steve Dougherty [mailto:sdougherty@eroresources.com] Sent: Monday, June 22, 2009 9:55 AM To: Bruce Barker Cc: Nancy Koch Subject: RE: Request for Access to Weld County Parcel 080533000088 Bruce - Yes, there should be no compatibility issue between the wells and the dog park. I believe that Greeley would support the well locations as they are part of the Halligan -Seaman Water Supply Project EIS for which the wells will be monitored in addition to the NISP EIS. Also, if it would help for you or Don to talk with someone in Greeley, you can contact Nancy Koch (copied above) Greeley's project manager for the Halligan -Seaman EIS. Thanks, Steve Original Message From: Bruce Barker [mailto:bbarker@co.weld.co.us] Sent: Monday, June 15, 2009 2:18 PM To: Steve Dougherty Subject: RE: Request for Access to Weld County Parcel 080533000088 Steve: The agreement was approved today by the Board of County Commissioners; however, in the process, Don Warden, Director of Finance and Administration, mentioned that the 19.3 acres of that County property located north of the river is being considered for transfer to the City of Greeley for use as a dog park. Would these wells be compatible with that? Bruce. Original Message From: Steve Dougherty [mailto:sdougherty@eroresources.com] Sent: Thursday, June 04, 2009 8:52 AM To: Bruce Barker 1 Subject: RE: Request for Access to Weld County Parcel 080533000088 Bruce - Thanks for doing this, I am sure you have plenty of better things to do. The agreement looks fine. Should we direct the insurance certificates to you at the address in the agreement? Should I sign the agreement now and return it to you? Thanks, Steve Dougherty ERO Resources Corp. 1842 Clarkson Street Denver, CO 80218 303-830-1188 303-830-1199 (fax) sdougherty@eroresources.com www.eroresources.com Original Message From: Bruce Barker [mailto:bbarker@co.weld.co.us] Sent: Thursday, June 04, 2009 8:18 AM To: Steve Dougherty Subject: RE: Request for Access to Weld County Parcel 080533000088 Steve: Sorry this has taken so longs. See the attached. Please review and let me know if you have questions or comments. Bruce. From: Steve Dougherty [sdougherty@eroresources.com] Sent: Tuesday, June 02, 2009 4:07 PM To: Bruce Barker Subject: RE: Request for Access to Weld County Parcel 080533000088 Bruce - Any luck on the license agreement? Thanks, Steve Original Message From: Bruce Barker [mailto:bbarker@co.weld.co.us] Sent: Wednesday, May 20, 2009 4:54 PM To: Steve Dougherty Cc: Chandler.J.Peter@nwo02.usace.army.mil Subject: RE: Request for Access to Weld County Parcel 080533000088 Thanks. I am working on the license agreement now and will get it to you by Friday for your review. Original Message From: Steve Dougherty [mailto:sdougherty@eroresources.com] Sent: Wednesday, May 20, 2009 4:42 PM To: Bruce Barker Cc: Chandler.J.Peter@nwo02.usace.army.mil Subject: RE: Request for Access to Weld County Parcel 080533000088 Bruce - Thanks for getting back to me. The request for access is being made on behalf of the U.S. Army Corps of Engineers who is preparing separate Environmental Impact Statements for the Northern Integrated Supply Project (sponsored by the Northern Colorado Water Conservancy District) and the Halligan -Seaman Water Supply Project (sponsored by Fort Collins and Greeley). ERO is the third party contractor conducting the studies on the Poudre River for both EISs working under direction of the Corps. I have copied the Corps project manager Chandler Peter with this reply if you would like to contact him. Thank you for your consideration regarding access. Please feel free to contact me with any additional questions. Steve Dougherty ERO Resources Corp. 1842 Clarkson Street Denver, CO 80218 303-830-1188 303-830-1199 (fax) sdougherty@eroresources.com www.eroresources.com Original Message From: Bruce Barker [mailto:bbarker@co.weld.co.us] Sent: Wednesday, May 20, 2009 3:16 PM To: Steve Dougherty Subject: RE: Request for Access to Weld County Parcel 080533000088 Steve: I apologize that it has taken me so long to get back to this. We saw on the map that it was "Prepared for: City of Fort Collins." Is this request being made on behalf of the City? Bruce Barker Weld County Attorney Original Message From: Steve Dougherty [mailto:sdougherty@eroresources.com] Sent: Wednesday, April 29, 2009 3:34 PM To: Bruce Barker Cc: Courtney Sockwell; Mike Galloway; Chandler.J.Peter@nwo02.usace.army.mil; Brad Anderson; dstrickland@west-inc.com Subject: Request for Access to Weld County Parcel 080533000088 Mr. Barker: Thank you for your help this afternoon regarding access to Weld County property along the Poudre River west of 59th Ave. I have attached a letter requesting access to the property for our studies that describes the purposes of the studies and the studies that are proposed to be done on County property. Please contact me with any questions. I appreciate your assistance with our request. «Barker letter 4-29-09.pdf» «Greeley BNSF Well Transect.pdf» «Well Construction Description.doc » Steve Dougherty ER0 Resources Corp. 1842 Clarkson Street Denver, CO 80218 303-830-1188 303-830-1199 (fax) sdougherty@eroresources.com www.eroresources.com <file://www.eroresources.com> Hello