HomeMy WebLinkAbout840821.tiff RESOLUTION
RE: APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
NORTHGLENN AND COUNTY OF WELD
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 City of Northglenn has constructed a wastewater
treatment facility as part of the Northglenn/FRICO Agricultural
Reuse Project within the unincorporated area of Weld County,
Colorado,
WHEREAS , adoption of an Intergovernmental Agreement between
Weld County and the City of Northglenn is required by the United
States Environmental Protection Agency as a prerequisite for
final payment on the grant to the City of Northglenn and will
bring the project into compliance with the Larimer-Weld Council
of Government' s Clean Water Plan, and
WHEREAS, certain reservations of the staff regarding the
Agreement have been met with respect to a showing that there are
in excess of 1 , 100 acres in the FRICO system under the control of
Northglenn available for agriculture even excluding what is known
as the "Grant Farm Parcel C" and that the staffs of the City and
the County have reached an agreement to provide additional
information to the users of the FRICO system should new informa-
tion be developed during the course of operation of the facility
by means of the "Agricultural Advisory Notices, " which are listed
under paragraph 1 (b) (2) of the Intergovernmental Agreement, and
WHEREAS, it appears that a tentative agreement has been
reached between the City of Northglenn and representatives of the
Town of Frederick regarding a grant to assist in the controlling
of drainage problems within the Tri-Town area, and
WHEREAS , the Board of County Commissioners, after studying
the Intergovernmental Agreement, deems it advisable to approve
the same.
840821
�L005S
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Intergovern-
mental Agreement between the City of Northglenn and Weld County
regarding the Northglenn wastewater treatment facility located
within the unincorporated area of Weld County be, and hereby is ,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman of the
Board of County Commissioners of Weld County, Colorado, be
authorized to sign said Agreement.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 18th day of
January, A.D. , 1984 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board--- Norman Carlson, Chairman
y: ✓ \r-v . ��_ EXCUSED DATE OF SIGNING - AYE
----Deputy County- CIerk Jac ueline Johnson, Pro-Tem
APPROVED AS TO FO / 0 (3-
Gene R. Brantner
�
oun y tto ney Cl�l va- -- __
Chuck
Carlson)
dn T. Martin
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��—` 11701 Community Center Drive, #208
Northglenn, Colorado 80233
Phone (303) 451.8326
December 13, 1983
Lee D. Morrison, Esq.
Assistant Weld County Attorney
P.O. Box 1948
Greeley, CO 80632
Re: Weld County Intergovernmental Agreement
Dear Mr. Morrison:
Enclosed is the original agreement between the City of Northglenn
and the Weld County Board of County Commissioners. Our City Council
acted upon this on December 1 , 1983 and it has been signed by all
the appropriate parties for the City of Northglenn.
Please arrange to have this original signed by the County Commissioners ,
the County Manager and the County Attorney. Please retain a copy for
your records and return the original to me so we can proceed with
recording it. If you would like a copy of the recorded agreement, please
let me know.
Thank you for your prompt attention to this matter.
Sincerely,
Tom Ambalam
Director of Natural Resources
TA:ry
Attach.
xc: Lee Phillips (w/o enc. )
Jay Cope (w/o enc. )
a: .
. , S 1983 RArrepm r,
DEPARTMENT OF NATURAL RESOURCES
Francis K. Culkin
El COIMTI BenMISSIOIEL
A44orne at Lawaw 7 �
720 So.Colorado Blvd. L,'
Denver, Colorado 80222 ,.,��2
Ruth K.Vogel 303-759-3495
Associate
amaxtcoui
March 31, 1982
Board of County Commissioners
Weld County
9th St. and 9th Avenue
Greeley, Colorado 80631
Re: NPDES Permit, City of Northglenn
Dear Commissioners:
Please find enclosed a copy of the adjudicatory hearing notice
issued in the above matter. I assume that the Commission received
an official notice from the Water Quality Control Division sometime
last week, since its name is on the mailing list. However,
because Weld County has been quite active in the past
in various hearings on the issues surrounding the construction
of the Northglenn sewage treatment plant in southwest
Weld County, I wanted to be sure notice reached your
office prior to April 2, 1982 , which is the date by which
applications for party status are due, as I am sure you
have a continuing concern for the farmers along the Bull
Canal.
At the present time, those entities that have applied
for party status are: The Town of Frederick, the City
of Ft. Lupton, the Weisner Sub-Division Preservation
Association and its individual inhabitants, and the Rocky
Mountain Fuel Company.
A Prehearing Conference was held on March 19,1982 with
the Hearing Officer, the Division, Northglenn, and the
present petitioners. It is my understanding that persons
not made parties will be allowed to testify at the scheduled
hearing, but only if they have something new to offer.
Party status must be requested by April 2, 1982.
Additionally, it is my understanding from the answers
to interrogatories received from Northglenn that no documents
evidencing any intergovernmental agreements between Northglenn
and LWCOG and/or Weld County exist at this time.
�J, �yl n..,-,_, 1.26C- ty 61/4;1;
Francis K. Gitlin
Attorney at Law
720 So.Colorado Blvd.
Denver, Colorado 80222
Ruth K.Vogel 303-759-3405
ASSOc3afe
March 3 0, 1982
Mr. Terry Trembly
Copy
Larimer-Weld Regional
Council of Governments
201 East 4th, Room 201
Loveland, Colorado 80537
Re: NPDES Permit, City of Northglenn
Dear Mr. Trembly:
Please find enclosed a copy of the adjudicatory hearing
notice issued in the above matter. I assume that you received
an official notice from the Water Quality Control Division
sometime last week, since your name is on its mailing list.
However, because LWCOG has been quite active in the past
in various hearings on the issues surrounding the construction
of the Northglenn sewage treatment plant in southwest Weld
County, I wanted to be sure notice reached your office prior
to April 2, 1982, which is the date by which applications for
party status are due.
At the present time, those entities that have applied for
party status are: The Town of Frederick, the City of Ft.
Lupton, the Weisner Sub-Division Preservation Association
and its individual inhabitants, and the Rocky Mountain Fuel
Company.
A Prehearing Conference was held on March 19, 1982 with the
Hearing Officer, the Division, Northglenn and the present
petitioners. It is my understanding that persons not made
parties will be allowed to testify at the scheduled hearing,
but only if they have something new to offer.
Additionally, it is my understanding from the answers to
interrogatories received from Northglenn that no documents
evidencing any intergovernmental agreements between Northglenn
and LWCOG and/or Weld County exist at this time.
Mr. Terry Trembly
March 30 , 1982
Page Two
Re: NPDES Permit, City of Northglenn
Finally, you might be interested to know that Northglenn
has requested a modification in the EPA grant terms from
that agency. The City has requested that the thickness
of the clay liner in the reservoir be reduced from twelve
inches to eight inches. A report from Chen & Associates
has been submitted by Northglenn to the EPA to show that
additional seepage would be minimal. The Army Corp. of
Engineers is studying the matter right now. It appears
that, unless an adverse engineering report is submitted,
the modification will be allowed. However, EPA' s general
counsel ' s office has told me they will keep me informed
on this matter.
If you have any questions regarding any portions of this
letter, please do not hesitate to contact me.
Sincerely,
RUTH K. VOGEL
RKV/bja
cc: County Commissioners, Weld County
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10701 MELODY DRIVE • SUITE 305 • NORTHGLENN, COLORADO • (303) 451-8326
Mailing Address: P.O. Box 33817 • Northglenn, CO 80233
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March 17, 1981 -r �� .`
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Board of County Commissioners
Weld County
P. 0. Box 758
Greeley, CO 80631
Ladies and Gentlemen :
The Mayor and City Council of the City of Northglenn have reviewed
your letter of March 25 , 1981, and would like to make the follow-
ing comments and observations concerning the Northglenn water and
wastewater project.
The City of Northglenn in no way anticipates or intends to damage
any other town, city, county or individual property owner as a
result of its unique water-wastewater project. We would like very
much to negotiate an intergovernmental agreement between Weld
County, Colorado, and the City of Northglenn, Colorado.
In your letter, you address six points which you as a county are
concerned about and I will address each of these points.
1. Monitoring. The City of Northglenn has no objection to the
Health Department of Weld County performing such monitoring and
checks of its discharges from the facility into the Bull Canal
at the time our wastewater plant becomes operational. The City
of Northglenn will also provide any data that you or your Health
Department requires with regard to testing that is done within the
plant itself.
2. Frederick, Firestone and Unincorporated Town of Evanston. The
Environmental Protection Agency grant which the City of Northglenn
received in order to construct our wastewater program provides
that we must protect the Town of Frederick and any other towns in-
volved with the tail water from our system and from any potential
irrigation customers in the Towns of Frederick, Firestone and un-
incorporated Evanston. It is the intention of the City of North-
glenn to do this in any way possible. This may include modification
of our retention pond plans or may include some type of storm drain-
age system. As the plan evolves and we learn the final disposition
and plans of Rocky Mountain Fuel Company and their land, this will
Cc'. EitkrNc.j
Plater,\in
ODELL C. BARRY, Mayor
Board of County Commissioners
March 17, 1981
Page Two
be addressed by our engineers in cooperation with the appropriate
officials of the Towns of Frederick, Firestone, and unincorporated
Evanston.
3. Liquidated Damages. The City of Northglenn can in no way pre-
determine the amount or the fact that there may be damages as a
result of our wastewater plant operation. It is our intention
and indeed our goal to operate the plant to meet all applicable
Federal and State standards. We cannot include any provisions
for unknown damages which may or may not occur at some future date.
4. Under the terms of the Larimer-Weld 201 Plan, Weld County
government has a responsibility in being designated the management
agency. Under the terms of this plan, it is necessary to cooper-
ate with those governmental functions, including intergovernmental
functions as a management agency under the Denver Council of Gov-
ernments 201 Plan. Therefore, we can see no rationale for North-
glenn compensating Weld County for the expense of performing its
own governmental functions and feel this is a request beyond your
jurisdiction. If the cost of preparation of the intergovernmental
agency contract becomes severe to Weld County, the City of North-
glenn will be happy to do all of the necessary preparation for the
documentation necessary to implement the intergovernmental agency
agreement.
5. The City of Northglenn can assume no responsibility to compen-
sate Weld County for any legal or engineering fees you have in-
curred in relation to the Northglenn project . The decision to
file suit was made by the appropriate elected officials of Weld
County and should be borne by that agency that incurred these ex-
penses in the first place.
6. The City of Northglenn is certainly prepared to discuss any
damages caused by the operation of the Northglenn wastewater pro-
ject . We do not feel that we owe any compensation to any community
or agency for a potential loss of raw water supplies to any munici-
palities. We feel this would be committing future councils of the
City of Northglenn to a potential unknown amount which must be ad-
judicated at the proper time that the specific facts become known.
S. c9r -y
J4�
Odell C. Barry
Mayor
OCB: lr
Stereake
10701 MELODY DRIVE,SUITE 305 • NORTHGLENN, COLORADO 80234
(303)451-8326
• June 17 , 1980
WELD COUNTY CMIMISSIONENS
Mr. Leonard Roe
Weld County Commissioner JUN 191980
P. 0. Box 758
Greeley, CO 80632
GREELEY. C. •
Dear Mr. Roe :
Recently you were quoted as saying that "pending
lawsuits" could determine whether DRCOG could impose a
regional airport in Weld County. Undoubtedly, you were
referring to the lawsuit by Weld County against Northglenn
over the sewage treatment plant.
The outcome of this lawsuit if fought to the Supreme
Court could be a disaster to you if adverse to Weld County .
Likewise, DRCOG and the metro cities could not let you win
the Northglenn lawsuit with the bigger issue of the airport
at stake.
I offer a compromise that might work to the advantage
of Weld County. As an offer of settlement but not by way
of agreeing to your position, Northglenn would agree to
accept a special use permit issued by Weld County and an
intergovernment agreement containing the conditions imposed
by EPA and the State Health Department. The intergovernmental
agreement could be in the form attached. Weld County and
Northglenn could then consent to a judgment in the lawsuit
that would be precedent to requiring a special use permit and
intergovernmental agreement for all projects within Weld County
by other governments.
This has the advantage to Weld County of setting a
precedent for such matters as the regional airport. Because
the trial starts on June 19 , 1980 , your careful consideration
of this is appreciated.
S/riCere' y ,
Odell C. Barry
Mayor
OCB :mh
ODEELJL C. BARRY, Mayor -
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10701 MELODY DRIVE,SUITE 305 • NORTHGLENN, COLORADO 80234
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Frank A. Traylor, M.D. ��'._ , 1-
Executive Director e
Colorado Department of Health
4210 East 11th Avenue
Denver, Colorado 80220
Re : City of Northglenn NPDES Discharge
Permit - Fecal Coliform Limitation
Dear Dr. Traylor :
The City of Northglenn has applied to the Water Quality
Control Division for an NPDES discharge permit to introduce
treated effluent from its wastewater treatment facility into
the Bull Canal irrigation ditch located in southern Weld
County. As you know, the treatment facility is part of an
agricultural reuse arrangement between the City and the
Farmers Reservoir and Irrigation Company. The Divison has
issued a final draft permit and is now preparing the final
permit for publication.
For reasons I will explain, we are hereby requesting
that the Division include an even more stringent fecal
coliform limitation in Northglenn's permit than the Division
has proposed.
During the Division's review of our discharge permit
application, the mayor of the Town of Frederick and a number
of individual Weld County residents expressed their concern
over the fecal coliform limitation proposed for the permit.
Their concern is based on the proximity of the Bull Canal
to the general public , as the Canal passes through Frederick.
In response to these concerns , the Department of Health took
a hard look at existing studies and reports , and even prepared
its own epidemiological study on the adequacy of the Division ' s
proposed 1,000 colonies per 100 ml . limitation for the Northglenn
treatment plant. On the basis of this review, you have concluded
that the 1,000 limitation is more than adequate to protect the
public health. Our consultants agree with your analysis . In
view of these opinions, I am confident that the 1 ,000 limitation
is proper.
DDELL C. BARRY, Mayor
e C,CJ AT-Y :,
Frank A. Traylor, M.D.
Executive Director
Colorado Department of Health
May 30 , 1980
Page 2
Since my election as mayor of Northglenn, however, it
has been my desire--and that of the entire City Council--
to substitute cooperation for confrontation in Northglenn 's
relations with its sister municipalities . We are particularly
committed to this policy in the case of the Northglenn/Frico
reuse project, whenever reasonably possible . While I am
convinced that the 1 , 000 limitation is more than adequate to
protect the public health, it is my belief that the feelings
expressed by the mayor of Frederick, and other individuals ,
reflect their deep concern over the effect of the Northglenn
project on their community.
To allay this concern, and because recent studies by the
Environmental Protection Agency and the Colorado Department of
Health conclusively determined that a crop embargo was not
necessary if the 200 limit was established, we are taking the
unusual step of requesting a more stringent limitation for the
fecal coliform than that proposed by the Division in the permit;
we request that a 200 limitation be substituted for the pro-
posed 1,000 limitation. The 200 limitation will be the most
stringent fecal coliform limitation ever included in a NPDES
discharge permit in the State of Colorado . It is a concentra-
tion that meets the State ' s standard for primary contact
recreation.
We take this action as a concrete expression of Northglenn' s
desire to work with the inhabitants of Weld County, and we hope
that it will be symbolic of our good faith in the construction
and operation of the Northglenn project.
As always, the City and its staff are prepared to provide
the State whatever assistance it can in this matter.
/Sincerely, �!
Odell C. Barry
OCB:mh Mayor
City of Northglenn
cc: Gary Broetzman, Water Quality Control Division
Sharon Metcalf, Attorney General 's Office
Edward J. Tagliente, Mayor of Frederick
William Kirby, Weld County Board of County Commissioners
Roger Williams, EPA Region 8 Regional Administrator
LARIMER - WELD REGIONAL COUNCIL. OF GOVERNMENTS
PHONE (303) 557-3280
ROOM 201
2C1 BAST 4th STREET
LOVEL 3 (GNORADO 80537
April 23, 1980 Q•
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4 .\ cv o0
Mr. Gary Broetzman, Director
Colorado Water Quality Control Division
Colorado State Health Department
4210 East 11th Avenue
Denver, Colorado 80220
Re: April 23, 1980 Public Meeting on N.P.D.E.S. Wastewater Discharge
Permit for City of Northglenn, Colorado - 0036757
Dear Mr. Broetzman:
The Larimer-Weld Regional Council of Governments wishes to request that
the Colorado State Health Department table any action on the proposed
final NPDES permit for the City of Northglenn, until it has had the
benefit of reviewing information being prepared by the U.S. Environmental
Protection Agency in the Draft Environmental Impact Statement for that
facility and until the State of Colorado reclassifies waters of the
South Platte River.
As you are aware, the EPA held a public hearing on the proposed facility
on February 13, 1980. Comments submitted by various entities at the
public hearing and during the open comment period which followed, indicate
that there are a number of unresolved concerns about mitigation measures
which may be required to ensure that the effluent from that proposed
facility would not cause public health problems or constraint or prohibit
the use of waters in the Bull Canal . The Environmental Protection Agency
is presently responding to these comments and concerns and will be
recommending in the final Environmental Impact Statement requirements
for the NPDES permit. We believe this to be important, as EPA must give
final approval on the proposed permits to be issued by the State of
Colorado.
In addition, the State of Colorado is scheduling stream classifications
and standards hearings on the South Platte River during the period
of July 14 through July 28, 1980. The Bull Canal is presently an unclas-
sified water body, however, EPA has pointed out in its draft Environment-
al Impact Statement the administrative procedures available to water
users to protect a water body for existing and future uses. Since these
• Mr. Gary Broetzman
April 23, 1980
Page 2
classification hearings are less than three months away, it would seem
expedient for the Commission to hear comments on water uses in the
Bull Canal area before the Division issues an PJPDES permit for discharge
to that water body. Both State and Federal laws require that NPDES
discharge point effluent limits be based upon a water use classification
of a water body and associated numeric standards which protect that use.
Because of these two major decisions before EPA and the State of
Colorado, an issuance of a final permit for this facility is not justi-
fied at this time.
Attached are comments of the Larimer-Weld Regional Council of Governments
regarding the concerns raised in the EPA draft Environmental Impact
Statement and should be reviewed carefully by the Water Quality Control
Division prior to a determination of permit conditions. (Attachment 1 ) .
Also attached are our previous comments of August 27, 1979 requesting
that the Division refrain from any action until it has a full understanding
of the impacts of this facility on the Bull Canal and downstream water
uses. (Attachment 2).
We thank you for the opportunity to comment on this draft permit.
Very truly yours,
Jonathan M. Rutstein
t , Executive Director
JMR/pdo
Attachments: 2
cc: Robert Burm, Chief Permits Section, EPA - Region VIII
Wes Wilson, Environmental Evaluating Branch, EPA - Region VIII
Bill Kirby, Chairman, Board of Weld County Commissioners
Gary Fortner, Director of Planning, Weld County
John Hall , Director of Environmental Services, Weld County
Evan Dildire, Technical Secretary, Water Quality Control Commission
1
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•
C RADO DEPARTMENT OF HEALTH
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_� _y' RicWard . Lamm �� Frank A.Traylor, M.D.
. 7 attlern o J876 7 6 Executive Director
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C, t COLORADO DEPARTMENT OF HEATLH
a
WATER QUALITY CONTROL DIVISION
The Colorado Department of Health has determined, due to a
significant degree of public interest , that a public meeting
will be held to consider final issuance of the City of
Northglenn ' s wastewater discharge permit , CO-0036757 .
The public meeting will be held on April 23 , 1980 beginning at
7: 00 p .m. The meeting will be held at :
City of Frederick
Jr/Sr High School Gymnasium
Additional information, including a copy of the draft permit
may be obtained upon request by calling ( 303)+320-8333 , Ext .
3361 , or by writing to Colorado Department of Health, Water
Quality Control Division , 4210 East 11th Avenue, Denver, CO 80220.
JA
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4210 EAST 11TH AVENUE DENVER,COLORADO 80220 PHONE (303) 320-8333
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(.-O, C)FF 1( E OF Br Or CIF(;NT Y COMMISSIONERS
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PHONE: 13031 356-4000 EXT. 200
P.O. BOX 758
C. CREEL EY, COLORADO 80631
COLORADO
October 10 ,1979
Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
RE : Proposed NPDES Permit
No . CO-0036757 for
Northglenn , Colorado
Dear Sirs :
With this letter, the Board of County Commissioners of Weld
County continues to assert its objections to the approval of
any portion of the proposed Northglenn Sewage Treatment
Facility which is to be located. in Weld County, Colorado .
In this particular instance, the Board must object stren-
uously to any action which would be taken by the Water
Quality Control Division to approve the NPDES Permit which
is requested by the City of Northglenn . It is the Board ' s
contention that absolutely no action should be taken to
permit the construction of the Northglenn facility prior to
the time that Weld County has approved a Special - Use Permit
(SUP) for the facility . This Board has determined that the
proposed facility is inconsistent with the Weld County
Comprehensive Plan and standards contained in Weld County
regulations . The Board, based upon those findings , has
denied Northglenn ' s request for a Special Use Permit for
placement of its proposed sewage treatment facilities in
Weld County . It is the responsibility of the Water Quality
Control Division, pursuant to Section 25-8-503, C.R. S . 1973 ,
to deny a permit for a proposed discharge which will violate
local land use plans and State statutes . Since the proposed
facility has been determined to be inconsistent with the
Comprehensive Plan of Weld County , and no SUP has been
issued as required by the Weld County Zoning Resolution ,
promulgated pursuant to State law, the Division may not _.
approve the NPDES Permit which is requested by the City of
Northglenn .
Colorado Department of Health
October 10 , 1979
Page 2
Additional concerns exist which should also be addressed by
the Water Quality Control Division in considering the pend-
ing permit. Most obvious is the fact that the Environmental
Protection Agency (EPA) is currently conducting a re-analysis
of the Environmental Assessment which was completed with
reference to the proposed facility . Many of the significant
concerns which Weld County has set forth in the many proceed-
ings related to this proposed facility are being considered
in the studies now being conducted by EPA . For the Water
Quality Control Division to approve an NPDES Permit at this
point in time , when many of the issues to be considered in
the permit are being analyzed in the Environmental Assessment ,
would be premature . This assertion is based on the contention
that it is very likely that the Environmental Protection
Agency will find, through its studies , that several mitigating
measures must be adopted with reference to the operation of
the proposed facility if it is not to create a significant
threat to the public health and safety in the Weld County
area .
Based on the above, the Board of County Commissioners of
Weld County respectfully requests that the Water Quality
Control Division deny the NPDES Permit which has been re-
quested by the City of Northglenn . If the Division makes
the decision to grant the requested permit , it is Weld
County ' s position that certain conditions should be placed
on the permit which would significantly reduce the threats
to the public health and safety in Weld County . The areas
of concern for which conditions should be improved include
the following:
1 . Northglenn should be required to submit a plan
which would prevent the sale of raw edible vege-
tables and other similar products that would be
grown within the Stanley Lake Division of FRICO in
order to protect against the possibility of dis-
ease transmission through the ingestion of con-
taminated raw edible vegetables . It is felt that
this measure is necessary since the proposal
defines no control over the use of waters in the
agricultural re-use area . As the Weld County
Health Department has stated, there is thus no
means of insuring that the effluent would not be
used on crops that are eaten raw, a situation
which poses a potentially serious health hazard.
2 . The operations of this facility , as set forth in
the proposed permit , will interfere with the
current beneficial use by Dacono of Bull Canal
Colorado Depart tnt of Health
October 10, 1979
Page 3
water for non-potable domestic use which is deemed,
by 5 C. C.R. 1002-8 Section 3 . 1 . 4 , to be a violation
of the Colorado Water Quality Control Act . North-
glenn should be requi_redas a condition of any
approval of an NPDES Permit to submit a plan to
replace or completely disinfect the non-potable
water system in the Town of Dacono so that a
public health hazard will not exist in that area .
3. Many concerns have been raised with reference to
the possible contamination of tail waters and
drainage waters within the Stanley Lake Division
of FRICO as a result of the discharge of effluent
into the Bull Canal system. More specifically ,
these waters which contain the effluent from the
proposed Northglenn system, flow into streets in
the Frederick - Firestone - Dacono area , thus
creating a direct chance of human contact with the
Northglenn effluent . As a condition of approval
of any NPDES Permit , it is the Board 's contention
that Northglenn must submit an acceptable plan to
control and prevent tail water and/or ditch drain-
age from entering any existing residential street
within the Stanley Lake Division of FRICO. Weld
County is in concurrence with the findings of EPA
that this particular situation creates an - un-
necessary health risk because of the danger of
direct bodily contact .
4 . The Weld County Health Department , in a letter of
August 24 , 1979 , pointed out to the Colorado
Department of Health (see attachment) that the
proposed NPDES Permit only requires Northglenn to
monitor seven parameters at the point of dis-
charge . The Board of County Commissioners joins
in the concerns set forth by the Weld County
Health Department and further joins in its re-
commendations for a broader monitoring program.
It is the understanding of the Board that the
Environmental Protection Agency has set forth
similar concerns and recommendations and has
requested "monitoring of all sources of raw water,
influent , lagoon discharges, reservoir inflow, the
Bull Canal at various points , agricultural tail-
water and ground water in addition to the dis-
charge as required in the NPDES Permit" . It thus
seems that such a monitoring program, approved by
all parties involved, should be established as a
condition of any NPDES Permit that is granted. •
Colorado Depar,_.,ent of Health
October 10 , 1979
Page 4
5 . It is the understanding of the Board that the City
of Northglenn has agreed to meet the 200/100 ml .
fecal coliform limit which would be applied to
discharges to the Bull Canal . It is Weld County ' s
contention that this limit should be made a part
of the NPDES Permit in order to further protect
the public health of the residents of Weld County .
6 . There are two instances where discharges from the
proposed facility could adversely affect domestic
water supplies in Weld County . It is the opinion
of the Board that these issues relating to the
domestic water supplies must be addressed in the
NPDES process . First, the Town of Frederick has
set forth its intent to use water from the Bull
Canal for domestic purposes . Water from annexed
land has been dedicated by Ordinance to the Town .
Second, the Town of Ft . Lupton has set forth its
proposals to use waters from the Sand Hill Reservoir
for domestic purposes within Ft . Lupton . In the
latter case , there is a cross-connection with the
Bull Canal system which could result in contamin-
ation of the Sand Hill Reservoir. The possibilities
of the waters in the Bull Canal System being used
as domestic water sources must be taken in to
account in the establishment of any parameters for
effluent discharges under the NPDES Permit pro-
cess . Again , it is Weld County 's intent to do
everything possible to protect the public health
of its citizens .
All of the above concerns are concerns which are shared not
only by Weld County , but by the Weld County Health Depart-
ment, the Environmental Protection Agency and many other
agencies and residents within Weld County . They are con-
cerns which should be given significant weight in your
proceedings and in your decision . It should be indicated
once again, that it is still Weld County 's position that the
facility cannot be located in the County without the approval
and the issuance of the proper permits by Weld County Govern-
ment. However, if Weld County should be overruled by all
other agencies and by the Courts in this matter, it is the
County ' s concern that certain minimal public health safeguards
be instituted to protect our citizens to the greatest extent
possible. It is felt that the NPDES Permit process is one
of the last steps where such conditions can be imposed and,
in the long run , effectively enforced if the facility is to
be constructed. Further , it will be one of the only mech-
anisms for enforcement of these very important conditions if
Colorado Depart nt of Health
October 10 , 1979
Page 5
for some reason, the City of "'orthglenn does not choose to
receive funding from the Environmental Protection Agency .
In the latter case, the NPDES Permit conditions would be the
major tool to insure that the operation of the proposed
sewage treatment facilities does not pose a public health
hazard to the residents of Weld County .
In conclusion , we respectfully request that the Water Quality
Control Division consider carefully , the concerns which we
have put forth in the above paragraphs . The Board of County
Commissioners feels that these are concerns which cannot be
ignored if we are to guarantee any degree of protection to
public health interest in Weld County if the facility is
built .
Thank you for the opportunity to comment .
Sincerely ,
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO
Norman Carlson , Chairman
�f pprr i
/11 I CI ?LI/. V
Lyd a Dunbar
C. W. Kirby
za. •-rQ ‘_7: e=,
Leonard L. Roe
Colorado
.• •
'' . Department of Local Affairs
Richard D. Lamm,Governor Paula Herzmark, Executive Director
September 17, 1979
Mr. Norman Carlson
Weld County Commissioner
915 Tenth Street
Greeley, Colorado 80631
Dear Norman:
I wanted to take just a moment to thank you for your partici-
pation in last week's meeting on the proposed Northglenn wastewater
facility.
For many of us , that meeting provided the first opportunity to
see the proposed site and to hear comments from the various people
and organizations representing both sides of the issue. Without
your assistance and cooperation, such a meeting could not have
taken place.
I realize that it's difficult to set aside an entire day for
a single meeting, and wanted you to know that your efforts are
greatly appreciated. I 've enclosed a list of the persons attending
the meeting for your information.
Sincere1Yt,
Paula Herzmark
Executive Director
kw
Enclosure
1313 Sherman Street, Room 518, Denver, Colorado 80203 (303) 839-2771 �.
0coLARIMER - WELD REGIONAL COUNCIL OF GOVERNMENTS PHONE (303) 667-3288
ROOM 201
201 EAST 4th STREET
LOVELAND, COLORADO 80537
September 11 , 1979 CO r ,1' b9" 'r 'f
1111E '_' JL ' -!'-
itv _ t 1979
i 4
.I ,1
r
Commissioner Norman Carlson
Chairman, Weld County Commissioners
P.O. Box 758
Greeley, Colorado 80631
Dear r son: n
Enclosed herewith is a Colorado Department of Health notice of public
hearing to be held 10 October 1979, 6:30 p.m. , at the Colorado Department
of Health, 4210 East 11th Avenue, Room 150, Denver, Colorado 80220, for
the proposed Northglenn NPDES waste discharge permit.
Very truly yours,
Terrence L. Trembly
208 Project Manager
TLT:sks
Enclosure
cc: Lee Morrison
Gary Fortner
John Hall
47 firi':
COLORADO DEPARTMENT OF HEALTH
o
Richard D. Larnm � Frank A. Traylor M.D.
Governor `-N��ur8 'j a Executive Director
%Pr
September 10, 1979 L �Lz- �Q�
Cr< �� .l9S q 1
COLORADO DEPARTMENT OF HEALTH U‘fl` 4 Std
PUBLIC NOTICE /`
OF �
V
A PUBLIC HEARING //Sr�
This is a public notice of a public hearing relative to the Colorado
Department of Health' s intention to issue a wastewater discharge
permit and the Environmental Protection Agency' s tentative agreement
with the terms of the permit.
APPLICATION INFORMATION:
APPLICANT NAME: City of Northglenn
FACILITY LOCATION: West 1 /2 of Section 36 , Township 1 North ,
Range 68 West of the 6th Principal Meridian,
just north of the Adams/Weld County line.
MAILING ADDRESS : 10701 Melody Drive, Suite 313
Northglenn, CO 30234
TELEPHONE NUMBER: (303)+451 -8326
APPLICATION NUMBER: CO-0036757
This is a new permit. The application is to discharge treated waste-
water from the Northglenn/FRICO Return Flow Facility to the Bull Canal .
This four (4) year permit will contain effluent limitations which are
based on state standards and on a discharge to an unclassified irrigation
canal . In addition to other permit requirements and conditions , the
permit will contain a water quality reopener clause which will allow the
permit to be modified should the canal be reclassified or applicable
water quality standards be changed.
dC c
A public notice (Number 00-79-010 ) of the Colorado Department of Health 's
intention to issue this permit was issued on September 10, 1979.
The Colorado Department of Health has determined , due to a significant degree
of public interest , that a public hearing will be held to consider the issuance
of this permit to the applicant. This hearing will follow procedures outlined
in the Colorado Water Quality Control Act and parts of Regulations for the State
Discharge Permit System.
The public hearing will be held on October 10 , 1979 beginning at 6 : 30 p.m.
and will continue until all present are heard. All written and oral comments
will be received. The hearing will be held at
Colorado Department of Health
4210 East 11th Avenue , Room 150
Denver , Colorado 80220
The purpose of the public hearing is to comply with the intent of Section 101 (e)
of the FWPCA, as amended in 1972, and Section 28-8-502 CRS 1973 , by allowing an
exchange of information. This information will be considered prior to the
Colorado Department of Health making a determination on the substance of any
permit which may be issued to the applicant.
Within a reasonable time thereafter, an administrative decision will be made to
issue or deny the permit. The permit , if issued, shall become effective thirty
(30) days after the date of receipt of these findings , unless within ten (10)
days following receipt of these findings , a request for an adjudicatory hearing
is submitted in accordance with the provisions of Section 24-4-105, CRS 1973.
Such a request must be addressed to Colorado Department of Health, Water Quality
Control Division, Permits Section , 4210 East 11th Avenue, Denver, Colorado 30220.
Additional information , including a copy of the draft permit and a copy of the
fact sheet ( if a fact sheet has been prepared) may be obtained upon request by
calling (303)+320-8333 , Ext. 3231 , or by writing to the aforementioned address .
Dated thisl0thday of September, 1979
PUBLIC HEARING NUMBER: C0-79-119
'l0 MEMORAnDU
Board of
WI`k County Commissioners January 17, 1984
To Date
Lee D. Morrison, Assistant County Attorney
COLORADO From
Northglenn/Weld County Intergovernmental Agreement
Subject:
Attached please find a copy of the agreement previously signed by the City of
Northglenn. I have reviewed the matter with the Weld County Health Department
and the attorney for the Town of Frederick, Tom Aron, and would, subject to
three conditions, recommend that the agreement be entered into at this time.
My first reservation is with respect to paragraph 8 regarding whether or not
there are 1,100 acres in the FRICO system under control of Northglenn which
will be used during the 20-year design life of the wastewater treatment
facility for agricultural purposes. There are currently 1,352 acres under the
control of Northglenn. A portion of one of those parcels, known as the Grant
Farm Parcel C, which adjoins I-25, is zoned commercial and would not be used
for agriculture. However, even with this zoning, there still exists more than
1,100 acres currently zoned for agriculture. Therefore, my reservation is
taken care if the Board notes that it is incorporating the letter of January
4, 1984, from Tom Ambalam, Director of Natural Resources for the City of
Northglenn, stating that there are more than 1, 100 acres under control of
Northglenn for agricultural purposes.
The second reservation is with respect to the Agricultural Reuse Manual
referenced in paragraph 1(b) (3) . The Weld County Health Department has
indicated that it may be necessary to make changes in the information given to
users of Stanley Lake Division water of the FRICO system, after the Department
and State and Federal agencies have had a period of time in which to study the
quality of the water being used on crops within the Stanley Lake Division.
The Department is of the opinion, however, that any changes could be addressed
in the "Agricultural Advisory Notices" which are listed under paragraph
1(b) (2) should any changes in advice to be given to the users of the Stanley
Lake Division become necessary. Representatives of Northglenn have indicated
their willingness to make changes in the Advisory based upon information
available to County, State, and Federal agencies. This topic is addressed in
Tom Ambalam's letter of January 4, 1984, as well and should not, therefore,
present an impediment to signing of the agreement.
The third area is one which, as of January 17, at 8:00 a.m. , has not been
resolved to my satisfaction. It has been anticipated that the City of North-
glenn would sign an agreement with representatives of Frederick and Firestone
regarding the $160,000 grant to assist in controlling the drainage problem in
the area. The Board has previously been made aware of a letter of intent to
enter into such an agreement but the formal steps have not been taken to reach
the agreement. Tom Aron, representing the Town of Frederick, has indicated
that he may request that this Board withhold action on the Intergovernmental
Agreement until a resolution can be made of the agreement between the Towns
and the City of Northglenn. If such a request is made prior to the meeting on
inconsistent with the Weld County Comprehensive Plan.
(9) Northglenn has developed a detailed operations
manual for the Bull Canal Reuse to the Weld County
Reuse Reservoir facility. A
copy of the manual has been provided
Health Department.
(10) The Bull Canal Reuse Reservoir facility
ofwill
be monitored n Health ance with the requirements
he
Colorado Department of
(c) Northglenn shall enforce and comply with the terms
and conditions of the L-WRCOG 208 Plan, as approved by the
Governor and the United States EPA in 1980 .
2, Rights of Northglenn as Manag ement and Operates
Agency• receive and
(a) Northglenn shall be the sole entity to
for ive
manage federal or state grant funds still unpaid
construction of the wastewater treatment facility. limit
(b) Northglenn shall have the exclusive right,
rig to limited
operate
only by the express provisions of this Agreement,
g
and manage the wastewater treatment facility. as
hereby delegates to Northglenn,
claim it might have as management
(c) Weld e CountyManagement
operating arethy, any right or
agency l under f the LyWof thG e above fuction nctions relative to the
Plan to perform awry
Northglenn wastewater treatment facility. Tenn
agrees to cooperate with Northg approvals,
(d) Weld County g permits , pP
now and in the fand ucooe to eseinre ylotheremannerto ensure the
dente in any 7�enn/FRZCO
grant awards coop operation of the Northg
successful and healthful
Agricultural Reuse Proj
permits , approvals or similar
conditions
aoflied lla
(e) Ae, P overnment ag
local, state, or fnrsl g Northglenn in its own name
for by Northglenn and secured by
and on its own behalf .
(f) Weld County shall retain
all
wland
wuuse
erandezoning
rt
authority in the area surrounding the
facility set forth on Exhibit A. the for
(g) Northglenn shall retain all authority approve
Canal Reuse Reservoir to interceptors
ov
expansion i of v the Bull p connections into the project
or disapprove all tap
-5-
IN WITNESS WHEREOF, the undersigned set forth their
hand and seals on the day and date above first written.
CITY OF NORTHGLENN
ATTEST :
Mayor,
lerk/, Lcej' City of Northglenn
APPROVED A TO FORM:
City age ,City o No hglenn
E ,-.i_ -._. -
City Attorney,
City of-,North n
S,gfecial Counse
COUNTY OF WELD
ATTEST _�
Chairman,
C1 ' k I and of County Commissioners
zR� a G .
APP OV AS TO FORM:
County Manager,
County of Weld
County Attorney,
County of Weld
l � -7-
- J
E Xh i b +
The West One-half of Section 36 , Township 1
North, Range 68 West of the 6th Principal
Meridian, Weld County , Colorado, as described
in deed recorded in Book 836 , Reception No.
1758077 , Weld County records , and being more
particularly described as : Beginning at the
Southwest corner said Section 36; thence
North 00°09 '22" East on an asst:med bearing
along the West line said Section 36 a distance
of 5309 . 31 feet to the Northwest corner said
Section 36; thence South 89°47 ' 33" East along
the North line of the Northwest one-quarter
said Section 36 a distance of 2639 . 13 feet to
the North one-quarter corner of said Section
36; thence South 00°06 ' 34" west along the
North-South centerline said Section 36 a
distance of 5301. 76 feet to the South one-
quarter corner said Section 36 ; thence North
89 °57 ' 23" West along the South line of the
Southwest one-quarter said Section 36 a distance
of 2643. 45 feet to the point of beginning.
SPONSORED BY Payne and Strickland
COUNCILMAN' S RESOLUTION RESOLUTION NO.
No. CR-82 R1-76
Series of 1983 Series of 1983
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
NORTHGLENN, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD, COLORADO, AND AUTHORIZING THE MAYOR
TO EXECUTE SAME ON BEHALF OF THE CITY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTHGLENN, COLORADO, THAT:
The Agreement between the City of Northglenn, Colorado
and the Board of County Commissioners of the County of Weld,
Colorado, a copy of which is attached hereto as Exhibit A,
is hereby approved and the Mayor is hereby authorized to
execute same on behalf of the City.
�ADOPTED in Northglenn, Colorado this / day of
�/ , 1983 .
Analled"ta
DONALD E . BU
Mayor
ATTEST :
JOAN M. BAKER
City Clerk
APPROVED AS TO FORM:
HERBERT C. PHILLIPS
City Attorney
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT, made and entered into
this _ day of , 19 , by and between the CITY OF
NORTHGLENN, a home rule city of the State of Colorado (herein-
after "Northglenn") , and the COUNTY OF WELD, a home rule county
of the State of Colorado acting by and through its Board of County
Commissioners (hereinafter "Weld County") .
WITNESSETH
WHEREAS, Northglenn has been designated the wastewater mana-
gement agency for the Northglenn Service Area under the Denver
Regional Council of Governments ("DRCOG") Areawide Water Quality
Management Plan (208 Plan) ; and
WHEREAS, Northglenn plans to construct and operate a waste-
water treatment facility described as the Bull Canal Reuse Reser-
voir, to serve the Northglenn Service Area, to be located within
the unincorporated area of Weld County, and has applied for a
grant from the United States Environmental Protection Agency
(EPA) to assist it in financing the Bull Canal Reuse Reservoir;
and
WHEREAS, Northglenn will deliver treated effluent from the
Bull Canal Reuse Reservoir to farmers within Weld County via
the Bull Canal for use as irrigation water as part of the North-
glenn/FRICO Agriculture Reuse Project; and
WHEREAS, the Larimer-Weld Regional Council of Governments
(L-WRCOG) in its Areawide Water Quality Management Plan (208
Plan) has found the Northglenn/FRICO Agricultural Reuse Project
. . to be in accordance with the regional goals and objectives
and recommends that the project be funded. . ." subject to spe-
cific requirements for the institutional approval of the plan
and certain health and environmental concerns addressed herein;
and
WHEREAS, Weld County is the designated wastewater management
agency for its unincorporated area under the Larimer-Weld Regional
Council of Governments Areawide Water Quality Management Plan;
and
WHEREAS, Weld County, as the designated wastewater manage-
ment agency for its unincorporated area, set forth in said Area-
wide Water Quality Management Plan, has the responsibility for
protecting water quality within its management area; and
WHEREAS, both Northglenn and Weld County desire to integrate
the Northglenn/FRICO Agricultural Reuse Project into conformity
with the Areawide Wastewater Management Plan to minimize the
environmental effects from the operation of the treatment faci-
lity by insuring that the facility is operated according to the
highest standards and in conformance with all applicable opera-
tional conditions, and to establish the necessary institutional
arrangements set forth in said plan; and
WHEREAS, both Northglenn and Weld County seek to establish
an operating relationship based on mutual cooperation; and
WHEREAS, Northglenn and Weld County seek to accomplish these
objectives by means of an intergovernmental agreement setting
forth the conditions under which Northglenn may operate its waste-
water treatment facility in addition to its role as a management
agency under the DRCOG Section 208 Water Quality Management Plan.
NOW, THEREFORE, in consideration of the mutual promises,
covenants and conditions set forth herein, the parties hereto
agree as follows:
1. Designation of Northglenn as an Operating Agency in
Weld County. Northglenn is hereby designated as an operating
agency within Weld County for the wastewater treatment facility
described in Exhibit A attached hereto and incorporated herein
by this reference. The conditions upon Northglenn as an operating
agency are set forth in full below:
(a) Building Permits for the Treatment Facility.
Northglenn shall apply for and Weld County shall issue a
building permit for the construction of the treatment building
at the Northglenn wastewater treatment facility to be located
within Weld County. The building permit shall contain the
following conditions:
_2_
(1) compliance with applicable provisions of
the county building code existing at the time of this
Agreement.
(2) landscaping treatment of the building and
all areas of the site not used as sewage treatment
Lagoons, reservoir, driveways, parking areas, or culti-
vated agricultural land.
(3) approval of all accesses onto the treatment
facility and to the treatment building by the Weld
County Engineering Department, which approval shall.
not unreasonably be withheld.
(4) compliance with maximum setback requirements
defined in Section 3.14 of the Weld County Zoning Re-
solution, as in effect at the time of this Agreement.
(5) prevention of soil erosion and fugitive dust
in excess of emissions permitted under Northglenn's
state fugitive dust emission permit.
(6) prevention of the growth of noxious weeks.
(b) Special. Use Permit. A permit for the special
use of the land and facilities set forth in Exhibit A is
hereby granted upon the following terms and conditions [those
s ecified by County Planning Commission] :
(1) Location of the main access to the Special.
Use Permit area shall be on Weld County Road 11 and
not from Weld County Road 2.
(2) The concurrent adoption of the attached Develop-
ment Standards (Exhibit _ ) which are designed to set
Lertain standards for the location, operation, and
maintenance of the proposed wastewater treatment faci-
lity.
(3) No building or electrical permits will be
issued for the Special Use Permit are until the ap-
proved Development Standards have been placed on the
Special Use Permit plat and the plat has been delivered
to the office of the Department of Planning Services.
-3-
This shall be done within thirty days of the signingI,
of the Intergovernmental Agreement between Northglenn
and Weld County.
(c) Grant Conditions. Northglenn shall comply with
the following conditions as an operating agency within Weld
County [the conditions in this section will include those
specified in the Final Environmental Impact Statement for
the Northglenn Wastewater Treatment Facility prepared by
U.S. EPA -- those contained in the draft EIS have been in-
cluded here for illustrative purposes] :
(1) No open storage, stockpiling or air drying
of sludge within the facility boundaries set forth
in Exhibit A without first applying for and securing
a permit therefore from Weld County, which permit shall
not be unreasonably withheld.
(2) Northglenn shall disinfect the effluent prior
to discharge to achieve a criteria of 200 fecal coliform
per 100 ml, 30-day average, at the point of measurement
set forth in the wastewater discharge permit.
(3) Northglenn agrees to issue and reissue on
an annual basis for the design life of the plant, to
all shareholders of record in the Standley Lake Di-
vision of FRICO, and to all shareholders of record
of any other division of FRICO to which waters from
the Northglenn reservoir are diverted, an advisory
concerning the constituents of the wastewater in the
reservoir.
(4) Northglenn shall provide Weld County with
an agricultural reuse manual governing the reuse arrange-
ment between Northglenn and the FRICO farmers. North-
glenn will develop the agricultural reuse manual (as
outlined below) to provide advice to farmers of the
Standley Lake Division of FRICO on the use of treated
sewage effluent for crop irrigation. Periodic public
reporting in the advisory notices will be provided
-4-
to the FRICO Board and to anyone requesting this infor-
mation.
A. Water Yield Projections
1. Snow survey
2. Standley Lake Yield
a. Bull Canal Shares
b. Reuse Water
B. Water Delivery Projections
1. Crop Projections
a. Type
b. Acres
2. Standley Lake
a. Cities
b. FRICO delivery
3. Bull Canal Reservoir
a. Wastewater
b. Makeup Water
C. Nutrient Delivery Projections
1. Bull Canal Reservoir Qualities by Month
2. Recommended Commercial Fertilizer Applica-
tion Rates
3. Crop Advisories
D. Adjustments to Delivery Projections
1. Standley Lake Quantity and Quality
2. Bull Reservoir Quantity and Quality
3. Crop Advisories
4. Field Monitoring Results
E. Distribution of Reports
1. Agricultural Advisory Reports
2. Water Quality Monitoring Reports
(5) Northglenn will undertake the cost of modi-
fications, operation and maintenance for the Dacono
nonpotable water supply to insure that the nonpotable
water supply for the Town of Dacono is properly dis-
infected to protect public health for the design life
of the Northglenn project. Northglenn shall cause the
disinfection of the existing Town of Dacono nonpotable
water supply coming from the Bull Canal at times when
the Bull Canal Reuse Reservoir is in operation to main-
tain a fecal coliform level no greater than 200 fecal
coliform per 100 ml, 30-day average, at the point of
measurement set forth in the wastewater discharge per-
mit, or, at Northglenn's option, it may instead replace
Dacono's existing nonpotable water supply with an equivalent
source of supply in exchange for Dacono's FRICO/Standley
Lake Division water shares. Northglenn shall consult
_5-
L
with the Town of Dacono and secure its approval as
a condition prerequisite to the implementation of any
one or more of these plans.
(6 ) Northglenn will make a good faith effort
to provide physical measures to prevent the flow of
wastewater from adjacent agricultural land into the
Towns of Frederick and Firestone or any other residen-
tial area. Consultation with and cooperation by Frederick
and Firestone on the design and location of these faci-
lities is necessary. Operation of these facilities
shall be at the request of Frederick or Firestone and
Northglenn shall assume no liability thereby to any
person claiming a right to the use of said water.
(7) Northglenn will maintain the monitoring pro-
gram set forth in the State NPDES discharge permit
issued for the Northglenn wastewater treatment facility.
Said monitoring program is agreed to be conclusive
of all good faith efforts necessary by Northglenn to
protect public health and safety. No action shall lie
against Northglenn so long as it is carrying out the
above said monitoring program. Test procedures for
the analysis of pollutants shall conform to regulations
published pursuant to Section 304(h) of the Clean Water
Act. Northglenn will be required to retain all records
and information resulting from the monitoring activities
including all records of analysis performed and calibration
and maintenance of instrumentation for the design life
of the project. Northglenn must submit to Weld County
copies of the monitoring reports prepared and submitted
to the State pursuant to its NPDES discharge permit.
(8) Northglenn agrees to pay to Weld County a
sum equal to twenty percent (20%) of the annual salary
of a Weld County Health Department employee for in-
dependent
processing of monitoring samples. Such payment
shall continue pro rata from month to month so long
_6
as an employee is assigned by Weld County to monitor
the reports.
(9) Northglenn agrees to take immediate action
to respond to any reasonable request made by Weld County
to remedy any adverse environmental effect resulting
from the operation of the Northglenn facility. In the
event of any emergency that poses an imminent threat
to public health or safety, Northglenn will immedia-
tely contact the Weld County Health Department.
(10) Northglenn and Weld County shall assure that
sufficient land, approximately 2,000 acres, in the
FRICO system if under the "control" of Northglenn --
through ownership, lease, or contract -- for the purposes
of agricultural reuse. This condition is binding for
the 20-year design life of the project. Weld County
shall not prevent the use of such land Northglenn has
under "control" for agricultural reuse by purchase,
agreement or any other governmental action.
(11) In order to insure proper construction of
the Bull Canal Reuse Reservoir, Northglenn agrees that
during construction of the cut-off key for the reser-
voir dike, a trench will be made along the northwest
boundary that will penetrate down to a competent zone
in the Arapahoe formation. An examination of the ex-
posed units will be made to determine if any fault
traces cut across this portion of the reservoir. If
a fault trace is located within the proposed reservoir
area, either the dam will be relocated to exclude the
trace, or the trace will be sealed with an impermeable
liner before impacement of the clay liner. The results
of these investigations and any mitigative measures
must be inspected and approved by the Corps of Engi-
neers, who will report the results to EPA.
All shallow test holes within the reservoir site
that have a depth greater than 30 feet below the pond
-7-
1
base must be plugged with concrete. Any test holes
that have a depth of less than 30 feet must be back
filled and compacted. The cased USGS test wells (BW-
77-15B and BW-77-17B) must be pressure plugged with
concrete from the bottom up to insure proper abandon-
ment. EPA will be notified when the plugging is to
take place so that a staff member can observe the plugging
operation.
The thickness of the clay liner will be increased
over the proposed 6" compacted seal for areas where
the seal will be in direct contact with sand or sand-
stone. Clean claystone material must be used. In all
cases the inplace claystone that will be used for a
seal must be ripped up to the required depth before
compacting the six inch thick seal. In areas where
claystone is no present, a supply of claystone (from
stockpile) must be spread in the area and a compacted
seal of at least one foot thick provided.
(12) Northglenn will develop a detailed operations
manual for the Bull Canal Reuse Reservoir facility.
Weld County Health Department will be provided an op-
portunity to assist in the development of the manual.
(13) The Bull Canal Reuse Reservoir facility will
be monitored by fully trained personnel on a 24-hour
per day basis.
(d) Northglenn shall enforce and comply with the terms
and conditions of the L-WRCOG 208 plan, as approved by the
Governor and the United States EPA.
2. Rights of Northglenn as Management and Operations Agency. I'I
(a) Northglenn shall be the sole entity to receive ICI
and manage federal or state grant funds for the construction
of the wastewater treatment facility.
(b) Northglenn shall have the exclusive right, limited
only by the express provisions of this Agreement, to construct,
operate, and manage the wastewater treatment facility.
-8-
1
(c) Weld County hereby delegates to Northglenn, as
operating agency, any right or claim it might have as manage-
ment agency under the L-WRCOG Section 208 Water Quality
Management Plan to perform any of the above functions relative
to the Northglenn wastewater treatment facility.
(d) Weld County agrees to cooperate with Northglenn
now and in the future to secure all necessary permits, ap-
provals, grant awards and cooperate in any other manner
to ensure the successful and healthful operation of the
Nort hglenn/FRI CO Agricultural Reuse Project.
(e) All permits, approvals or similar conditions of
local, state, or federal government agencies shall be applied
for by Northglenn and secured by Northglenn in its own name
and on its own behalf.
(f) Weld County shall retain all land use and zoning
authority in the area surrounding the wastewater treatment
facility set forth on Exhibit A.
(g) Northglenn shall retain all authority for the
expansion of the Bull Canal Resue Reservoir and to approve
or disapprove all tap connections into the project inter-
ceptors located outside of Weld county. Northglenn shall
retain all control necessary for expansion, alteration,
or modification of the Bull Canal Reuse Reservoir.
(h) The City of Northglenn and Weld County shall share
responsibilities as Management Agencies under their respec-
tive 208 Water Quality Plans as to the construction of addi-
tional interceptors to the facility from within Weld County
to ensure adequate planning, grant award and operation there-
of.
3. Dismissal of Pending Litigation. Northglenn and Weld
County consent in the case of Board of County Commissioners of
Weld County v. City of Northglenn (79CV431) to the entry of a
judgment in the favor of Weld County incorporating this Agreement
as the sole terms and conditions of said judgment. Weld County
_9
agrees to dismiss with prejudice its participation in the following
lawsuits:
(a) Consolidated Ditches Co. , et al. v. Water Quality
Control Commission. et al. (79CV530) and
(b) The Town of Frederick, et al v. Colorado Water
Quality Control Commission, et al. (80CV271) .
In addition, Weld County agrees not to prosecute any further
action arising out of the construction or operation of the Northglenn/
FRICO Agricultural Reuse Project except as may be necessary for
the enforcement of this Agreement. Weld County, for its part,
agrees to support and defend the Northglenn/FRICO Agricultural
Reuse Project.
4. Taxes. Northglenn agrees to pay to Weld County each
year, a sum of money equal to and in lieu of the real property
taxes which would have otherwise been lawfully assessed by Weld
County against the real property owned by Northglenn in Weld
County, as such property presently exists in both extent and
condition of improvement.
5. Titles. The titles to each paragraph herein are illu-
strative only and shall not be interpreted in such a manner as
to alter the meaning of an individual paragraph or the agreement.
6. Severability. Each provision of this agreement is
integrated with all other provisions of this Agreement and shall
remain in force and effect unless an individual paragraph may
be determined to be invalid. If any provision of this agreement
shall be deemed to be invalid the entire agreement is null and
void.
7. Venue and Interpretation. This agreement shall be
binding upon the parties hereto and their successors and assigns.
Enforcement of the terms hereof shall be an impartial venue in
the Denver District Court. This Agreement is entered into and
shall be interpreted pursuant to the provisions of Article XIV
Section 18 of the Constitution of Colorado and C.R.S. 1973, Section
29-1-203.
_10-
I
IN WITNESS WHEREOF, the undersigned set forth their hand
and seals on the day and date above first written.
ATTEST: CITY OF NORTHCLENN
Clerk Mayor,
City of Northglenn
APPROVED AS TO FORM:
City Manager,
City of Northglenn
City Attorney,
City of Northglenn
Special Counsel
ATTEST: COUNTY OF WELD
Clerk Chairman,
Board of County Commissioners
APPROVED AS TO FORM:
County Manager,
County of Weld
County Attorney,
County of Weld
Chairman, Larimer-Weld
Regional Council of
Governments
-11-
LIST OF PARTICIPANTS
FORUM ON THE PROPOSED NORTHGLENN WASTEWATER FACILITY
Tuesday, September 11 , 1979
Centennial Inn, Longmont, Colorado
Cabinet Members
Paula Herzmark, Executive Director
Department of Local Affairs
1313 Sherman Street, Room 518
Denver, Colorado 80203
Morgan Smith, Commissioner
Department of Agriculture
406 State Services Building
1525 Sherman Street
Denver, Colorado 80203
Frank Traylor, M.D. , Executive Director
Department of Health
4210 East Eleventh Avenue
Denver, Colorado 80220
Weld County Representatives
Leonard Roe
Weld County Commissioner
Lydia Dunbar
Weld County Commissioner
Bill Kirby
Weld County Commissioner
Norman Carlson
Weld County Commissioner
Tom David
Weld County Attorney
Lee Morrison
Weld County -Attorney
page 2
Northglenn Representatives
Stan Bender
City Manager
Shirley Whitten
City Clerk
Dick Lundahl
Director of Natural Resources
Bob McGregor
Sheaffer and Roland
Engineer
Joseph A. Cope
Attorney
Other Participants
Marcia Hughes
Office of the Attorney General
Denver, Colorado
Jonathan Rutstein, Executive Director
Larimer-Weld Regional Council of Governments
Loveland, Colorado
Al Becker
Mayor, Town of Firestone
Firestone, Colorado
Rose M. Bowles
City of Fort Lupton
Fort Lupton, Colorado
Rick Claggett
Environmental Protection Agency
Denver, Colorado
Wes Wilson
Environmental Protection Agency
Denver, Colorado
John Hall
Weld County Health Department
Greeley, Colorado
page 3
Larry Simpson
Northern Colorado Water Conservancy District
Loveland, Colorado
Ray Reeb
Northern Colorado Water Conservancy District
Loveland, Colorado
Adolph Bohlender
Frico Ditch
Brighton, Colorado
Elton Miller
Consolidated Ditch
Fort Lupton, Colorado
Antone Heit
Consolidated Ditch
Fort Lupton, Colorado
Alan D. Wilson
Frederick, Colorado
Frank Milavek
Frederick, Colorado
Ray Miller
Platteville, Colorado
George Gerhardt
Fort Lupton, Colorado
Albert Fry
La Salle, Colorado
Edward Quinlan
Wiesner Subdivision
Brighton, Colorado
Barbara Hernandez
Preservation Association
Brighton , Colorado
Chuck Turner
C.S.U.
Fort Collins, Colorado
Thomas G. Sanders
C.S.U.
Fort Collins, Colorado
page 4
Pamela Ray
Denver, Colorado
Teryl Gorrell
Denver, Colorado
Cecile French
Longmont Times-Call
Longmont, Colorado
Sheila Holmes
Greeley Tribune
Greeley, Colorado
Pat Bray
Denver Post
Denver, Colorado
Ronald G. Schuyler
Department of Health
Denver, Colorado
Gary Broetzman
Department of Health
Denver, Colorado
Bob Owen
Department of Local Affairs
Denver, Colorado
Kris White
Department of Local Affairs
Denver, Colorado
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