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HomeMy WebLinkAbout20042474 • • Weld County Referral • April 20, 2004 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Resource Colorado Water& Case Number 2004-XX Sanitation Metropolitan District Please Reply By April 28, 2004 Planner Kim Ogle Project Service Plan for Resource Colorado Water& Sanitation Metropolitan District. Legal Lot C of RE-2066; being part of theNW4 of Section 34, Ti N, R63W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 4; east of and adjacent to CR 67. Parcel Number 1477 34 200023 • I The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) May 4, 2004 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. � Comments: acct._ t7�Ze�r � /l if Signature qq / Date //2- �/o y Agency e i'd �O'te, t t y ,5,7 Gf.L//lo917/4 y +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6' : E X41B I T 2004-2474 • f}f MEMORANDUM ft}`r t TO: Kim Ogle, Department of Planning April 21, 2004 VIiDcFROM: Don Warden, Director Finance and Administration COLORADO SUBJECT: Service Plan for Resource Colorado Water and Sanitation Metropolitan District In response to your referral concerning the Service Plan for Resource Colorado Water and Sanitation Metropolitan District I have the following to offer as it relates to the financial plan of the service plan primarily. Other subjects of the service plan, such as, services in the area, compliance to master plan (comprehensive plan), water issues, etc I will leave for other referral agencies with more expertise: The financial plan of the service plan is totally inadequate. There is inadequate information or data to make a professional determination of the district's financial feasibility. There no information provided to allow anyone to make a judgement as to whether or not the district can provide service, which is economical and sufficient to service the users of the district. Specifically, there is no operational budget or proforma financial information provided to show any financial plan or estimates. There is no rate study or even a proposed rate structure to give an indication of the costs of services or likely rates. The most glaring omission is any detail line item costs for the use of the bond proceeds. All that is provided is a laundry list of potential expenditures with a total of $324 million at the end of the list. What makes up the detail of the total is omitted. This debt is substantial for a district. The $324 million to put it into perspective is 4 to 5 times the legal debt limit allowed for all of Weld County under state law. The debt limit for Weld County under state law is 3% of all assessed value in the county or just under $75 million. They are proposing $324 million in debt without any backup information showing how the debt will be used and how the debt will be serviced. The debt service on interest only at 4% would require $12,960,000 in interest alone. That would take a user base of over 40,000 homes at $300 per year in fees for interest only. Again, to put the debt in perspective the City of Greeley's total debt obligation for its water system is only $44 million. Based upon the financial plan of the service plan submitted it is my recommendation that services plan not be approved because: 1. Due to the lack of any financial detail there is no evidence in the service plan to find that the proposed District is capable of providing economical and sufficient service to the area that it intends upon serving. 2. Due to the lack of any financial detail there is no evidence in the service plan to find that the area to be included in the proposed District has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. • • Other comments relate to the proposed intergovernmental agreement (IGA) regarding the establishment of a policy board. In the event the District is created I would not recommend that the Board of Weld County Commissioners be party to the IGA or have members on the policy board of the district for the following reasons: 1. The true "policy board" of the District is the District's elected board of directors. 2. The "policy board' would actually be an advisory board with no authority. 3. County Commissioners have never served in a subordinated role to a metro or special district board as proposed. 4. Serving on such a board could give the impression to the public that the Weld County Commissioners have some legal or political authority or responsibility in this District's governance and administration, when in fact they do not. Thus, creating a potentially awkward political situation for the Commissioners, and possible legal complications if problems arise. Finally, general comments/observations on the structure and model of this District. The District is modeled after the United Water and Sanitation District (United), but it appears to be somewhat different in concept and purpose. United is a district created to better manage a water system with most or all of the interested parties involved, versus a few developers. United was also created to manage a water system and maintain a steady state of the water system, versus exporting water. The District also appears to be serving the sole purpose of accommodating development that will be mostly outside of Weld County. The structure gives a few developers the advantage of controlling in both the short and long term a metro district. This gives this small group of developers the best of both worlds of having a public entity with private control. The question the Board of Weld County Commissioners, and the District Court will have to answer is this good public policy and a good governance structure to insure that the public good is serviced by the autonomous public entity being created? Resourcecolowaterspecialdistrict Weld County Planning Department GREELEY OFFICE rtoa APR 2 3 2004 Weld County RektraNED ' April 6, 2004 �e COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Resource Colorado Water& Case Number 2004-XX Sanitation Metropolitan District Please Reply By April 28, 2004 Planner Kim Ogle Project Service Plan for Resource Colorado Water& Sanitation Metropolitan District. Legal Lot C of RE-2066; being part of theNW4 of Section 34, T1 N, R63W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 4; east of and adjacent to CR 67. Parcel Number 1477 34 200023 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) May 4, 2004 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. -g See attached letter. Comments: _ ha - !7 - Signature ' ,�/ G-Z�� Date /-1--./ `s7c 3 {{� Agency -}'(\ - -1 Fc-AMA¢T\3 ❖Weld County Planning Dept. ❖1555 N. 17th Ave. Greeley,co..80631 +(970)353-6100 ext.3540 +(970)304-. EXHIBIT 5 • re& TO: Kim Ogle, Department of Planning Services FROM: Bruce T. Barker, Weld County Attorney DATE: April 23, 2004 c RE: Service Plan for Proposed Resource Colorado Water and COLORADO Sanitation Metropolitan District The petitioners and proponents of the proposed Resource Colorado Water and Sanitation Metropolitan District submitted a proposed Service Plan to the Clerk to the Board of County Commissioners and to the Weld County Clerk and Recorder on April 12, 2004. By Resolution of that date, the Board of County Commissioners accepted the filing and referred the Service Plan to the Weld County Planning Commission for its study and recommendation. The matter is set for hearing before the Planning Commission on May 4, 2004. A copy of the Board's Resolution is attached. A metropolitan district is a special district which is required by C.R.S. § 32-1-1004(2) to provide two or more of the following services: a. Fire protection. b. Elimination and control of mosquitos. c. Parks or recreational facilities or programs. d. Safety protection through traffic and safety controls and devices on streets and highways and at railroad crossings. e. Sanitation services. f Street improvement through the construction and installation of curbs, gutters, culverts, and other drainage facilities and sidewalks, bridges, parking facilities, paving, lighting, grading, landscaping, and other street improvements. g. Establishment and maintenance of television relay and translator facilities. h. Transportation. i. Water and sanitation services. j. Water. Memorandum, Kim Ogle April 23, 2004 Page 2 k. Solid waste disposal facilities or collection and transportation of solid waste. C.R.S. § 32-1-203 requires the Board of County Commissioners to review a service plan for a proposed special district. Subsection (1) of that statute says that the Board has the authority: a. To approve without condition or modification the service plan as submitted. b. To disapprove the service plan submitted. c. To conditionally approve the service plan subject to the submission of additional information relating to or the modification of the proposed service plan. The Board will be looking for a Planning Commission recommendation of one of these three alternatives, based upon the criteria set forth below. C.R.S. § 32-1-203(2) requires the Board of County Commissioners to disapprove the service plan, unless satisfactory evidence of each of the following is presented: a. There is sufficient existing and projected need for organized service in the area to be serviced by the proposed special district. b. The existing service in the area to be served by the proposed special district is inadequate for present and projected needs. c. The proposed special district is capable of providing economical and sufficient service to the area within its proposed boundaries. d. The area to be included in the proposed special district has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. Pursuant to C.R.S. § 32-1-203(2.5), the Board of County Commissioners may disapprove the service plan if satisfactory evidence of any of the following is not presented: a. Adequate service is not, or will not be, available to the area through Weld County or other existing municipal or quasi-municipal corporations, including existing special districts, within a reasonable time and on a comparable basis. b. The facility and service standards of the proposed special district are compatible with the facility and service standards of Weld County. Memorandum, Kim Ogle April 23, 2004 Page 3 c. The proposal is in substantial compliance with a master plan adopted pursuant to C.R.S. § 30-28-106. d. The proposal is in compliance with any duly adopted county, regional, or state long-range water quality management plan for the area. e. The creation of the proposed special district will be in the best interests of the area proposed to be served. Please let me know if you should have any questions. — % B e T. Barker - z eld County Attorney pc: Clerk to the Board CDPHE-WQCD Fax:3037820390 Apr 26 2004 14::40 P.02 APR C 23C4 ter faIity Control Division Weld County Referral April 6, 2004 Ci COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Resource Colorado Water& Case Number 2004-XX Sanitation Metropolitan • District • Please Reply By April 28, 2004 Planner Km Ogle Project Service Plan for Resource Colorado Water&Sanitation Metropolitan District. Legal Lot C of RE-2066; being part of theNW4 of Section 34, T1 N, R63W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 4; east of and adjacent to CR 67. Parcel Number 1477 34 200023 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information maybe added to applications under review during the review process. If you desire to. examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing(if applicable) May 4, 2004 O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: • Signature f' __ ..__._ Date CY 2i' r/ Agency CDPfbE.— OCX-j> f/ +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 6•(970)353-6100 ext.3540 60(970)304-6498 far 4 EXHIBIT STATE OF COLORADO Bill Owens,Governor Douglas H.Benevento,Executive Director 4e or!:co�4 Dedicated to protecting and improving the health and environment of the people of Colorado N • e 4300 Cherry Creek Dr.S. Laboratory Services Division * Denver,Colorado 80246-1530 8100 Lowry Blvd. « ' Phone(303)692-2000 Denver,Colorado 80230-6928 Jaye•TDD Line(303)691-7700 (303)692-3090 Colorado Department Located in Glendale,Colorado of Public Health http://www.cdphe.state.co.us and Environment April 27, 2004 Weld County Planning Department GREELEY OFFICE Mr. Kim Ogle APR ? $ 2004 Weld County Department of Planning Services 1555 North 181°Avenue RECEIVED Greeley, CO 80631 Re: Weld County Referral—Case Number 2004-XX Resource Colorado Water&Sanitation Metropolitan District Dear Mr. Ogle: The Water Quality Control Division(Division)has received and reviewed the referral for the Resource Colorado Water&Sanitation Metropolitan District(District). The District should be aware of the requirements of the Colorado Water Quality Control Act, the Colorado Primary Drinking Water Regulations, the Water and Wastewater Facility Operators Certification Requirements, the Regulations for the Site Application Process and the New Water System Capacity Planning Manual. Specifically, the District should be familiar with section 25-8-702 of the Colorado Water Quality Control Act as it relates to domestic wastewater treatment works as defined by the Act. The District should also be familiar with section 1.11.2 of the Colorado Primary Drinking Water Regulations as it relates to public water systems as defined by the Regulations. Should you have any comments or questions,please contact me at 303-692-3507. Sincerely, Bradley A. Simons,P.E. District Engineer Technical Services Unit Water Quality Control Division BAS/RJF/bas cc: Kent Kuster,WQCD-TSU Tom Armitage,WQCD-TSU Dick Parachini,WQCD-O&A Betsy Beaver,WQCD-WQP Trevor Jiricek,Weld County Department of Public Health and Environment GRAY CARR 3037324078 p. 1 TOWN OF KEENESBURG RG INCORPORATED JULY, 1919 April 30, 2004 Kim Ogle Weld County Planning Greeley, Colorado Case# 2004-XX Dear Kim: This letter is to inform you that the Town Of Keenesburg is currently meeting with PV Holdings LLC about conceptual ideas on how we might work together on the Town's water needs in the future. The Town of Keenesburg has completed a water study,put together by TZA Water Engineers. This evaluation concluded that we need to look at water in the Lost Creek Basin. Since PV Holdings are looking to develop the same basin it make's sense that we at least get together. It is our opinion that we must all work together to find the sources of water needed to supply the ever growing development of south Weld. I believe that PV Holdings will always find it in there best interest to work with the local communities and to be a good neighbor. I hope that this helps you in your planning process and if you have any questions please feel free to call 970-381-5703. Respectfully: The Honors le D. �` ar D. Gray Mayor Town of Keeenesburg 140 SOUTH MAIN P.O. BOX 312 KEENESBURG COLORADO 80643 [ 4. EX. , ,BIT I �IJ 4( 4/30/2004 14:07 C303-592-4385.5 McGeady Sisneros, PC Julia Dybdahl-)-19703046498 2/2 MCGEADY SISNEROS, R G. ATTORNEYS AT LAW 1675 BROADWAY,SUITE 2100 DENVER,COLORADO 80202 TELEPHONE:1303) 592-1380 FACSIMILE:13031 5924355 MARYANN M.MCGEADY DARLENE SISNEROS •N KO WpML4 MARY JO DOUGHERTY KENNETH M. PROWIG3 JACQUELINE C.MURPHY MEGAN BECHER VALERIE 0.BROMLEY KATHRYN 5.KANDA April 30, 2004 VIA E-MAIL AND U.S. MAIL Kim Ogle Weld County Colorado Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Re: Resource Colorado Water and Sanitation District Dear Kim: Pursuant to our discussion, the applicant would like to request that the public hearing before the Weld County Planning Commission on the Resource Colorado Water and Sanitation District set for May 4, 2004, at 1:30 p.m. be continued until the next Planning Commission meeting on June 1, 2004, at 1:30 p.m. Very truly yours, MCGEADY SISNEROS,P.C. V V Valerie D. Bromley Harvey Deutsch Joel Farkas Steven Deutsch Eric Chekal Chris Paulson Shayne Madsen Sam Sharp Bruce Barker ;00017473 DOC Y:I) 4. EXHIBIT f w MEMORANDUM Wi`Pe. TO: Weld DA May County Planning Commission COLORADO FROM: Kim Ogle, Planning Manager SUBJECT: Request for Continuance District Service Plan Resource Colorado Water and Sanitation Metropolitan District CASE #: 2004-XX The Department of Planning Services on behalf of the applicant is requesting a continuance for case number 2004-XX, the applicant is Resource Colorado Water and Sanitation Metropolitan District. The applicant states "Pursuant to our discussion, the applicant would like to request that the public hearing before the Weld County Planning Commission on the Resource Colorado Water and Sanitation District set for May 4, 2004, at 1:30 p.m. be continued until the next Planning Commission meeting on June 1, 2004, at 1:30 p.m." to address issues associated with this application. The Department of Planning Services is in support of this request. (4, EXHIBIT t 4 Weld County Planning Department GREELEY OFFICE MAY 1 0 2004 RECEIVED McGEADY SISNEROS, P.C. ATTORNEYS AT LAW 1675 BROADWAY,SUITE 2100 DENVER,COLORADO 80202 TELEPHONE: (303)592-4380 FACSIMILE: (303)592-4385 MARYANN M. MCGEADY SPECIAL COUNSEL DARLENE SISNEROS KENNETH M. KOPROWICZ MARY JO DOUGHERTY MEGAN BECHER VALERIE D.BROMLEY KATHRYN S. KANDA JACQUELINE C.MURPHY GEORGE M. ROWLEY May 7, 2004 VIA E-MAIL AND U.S. MAIL Kim Ogle Weld County Colorado Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Re: Resource Colorado Water and Sanitation District Dear Kim: Pursuant to our discussion, the applicant would like to request that the public hearing before the Weld County Planning Commission on the Resource Colorado Water and Sanitation District originally set for May 4, 2004, at 1:30 p.m. and continued until the next Planning Commission meeting on June 1, 2004, at 1:30 p.m; be continued until the Planning Commission meeting on June 15, 2004, at 1:30 p.m.. Very truly yours, MCGEADY SISNE ,P.C. V a V v Valerie D. Bromley VDB/kc c: Harvey Deutsch Shayne Madsen Joel Farkas Sam Sharp Steven Deutsch Bruce Barker Eric Chekal Chris Paulson 11. EXHIBIT (b {00017473.DOC v:1) MEMORANDUM Wg`Pe. TO: Weld County Planning Commission COLORADO DATE: June 15, 2004 FROM: Kim Ogle, Planning Manager Yib SUBJECT: Request for Continuance District Service Plan Resource Colorado Water and Sanitation Metropolitan District CASE #: 2004-XX The Department of Planning Services on behalf of the applicant is requesting a continuance for case number 2004-XX, the applicant is Resource Colorado Water and Sanitation Metropolitan District. Previously, the applicant stated "Pursuant to our discussion, the applicant would like to request that the public hearing before the Weld County Planning Commission on the Resource Colorado Water and Sanitation District set for May 4, 2004, at 1:30 p.m. be continued until the next Planning Commission meeting on June 1, 2004, at 1:30 p.m. be continued until the Planning Commission meeting on June 15, 2004 at 1:30 p.m." The applicant has met with the appropriate referral agency and is in process of amending their application for staff review and comment, therefore, on behalf of the applicant, staff requests one final continuance of this case until August 3, 2004. This request is evidenced by letter of request from the applicant. The Department of Planning Services is in support of this request. EXHIBIT Weld County Planning Department GREELEY OFFICE JUN 0 9 2004 MCGEADY SISNEROS, R C. !!l��� ATTORNEYS AT LAW RECEIVED V 1675 BROADWAY, SUITE 2100 1`C V u DENVER,COLORADO 80202 TELEPHONE:13031 592-4380 FACSIM I L E:13031 592-4385 MARYANN M.MCGEADY SPECIAL COUNSEL DARLENE SISNEROS KENNETH M.KOPROWIC2 MARY JO DOUGHERTY MEGAN BECHER VALERIE D.BROMLEY KATHRYN S.KANDA JACQUELINE C.MURPHY GEORGE M. ROWLEY June 7, 2004 VIA E-MAIL AND REGULAR MAIL Kim Ogle Weld County Colorado Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Re: Resource Colorado Water and Sanitation District Dear Kim: Pursuant to our discussion, the applicant would like to request that the public hearing before the Weld County Planning Commission on June 15, 2004, on the proposed Resource Colorado Water and Sanitation District be continued until the Planning Commission meeting on August 3, 2004. Very truly yours, MCGEADY SISNER.c,P . Vl V Valerie D. Bromley VDB/kc c: Bruce Barker Eric Chekal Harvey Deutsch Chris Paulson Joel Farkas Shayne Madsen Steven Deutsch Sam Sharp [4. EXjIT {00018732.DOC va} ' 6/15/2004 16:52 (303-592-4385.5 McGeady Slsneros, PC Kathy Copeland-+19703046498 2/3 McGEADY SISNEROS, P.C. ATTORNEYS AT LAW 1675 BROADWAY,SUITE 2100 DENVER,COLORADO 80202 TELEPHONE: (303)592.4380 FACSIMILE: (303)592-4385 MARYANN M MCGEADY SPFCIAI r011N5F1 DARLENE SISNEROS KENNETH M. KOPROWICZ MARY JO DOUGHERTY MEGAN BEGHER VALERIE D.BROMLEY KATHRYN S. KANDA JACQUELINE C. MURPHY GEORGE M. ROWLEY June 15, 2004 VIA E-MAIL AND FAX Bruce Barker Weld County Colorado County Attorney 1555 N. 17th Avenue Greeley, CO 80631 Re: Resource Colorado Water and Sanitation District Dear Bruce: On June 3, 2004, the petitioners of the proposed Resource Colorado Water and Sanitation District ("District") met with Don Warden to discuss his comments regarding the Service Plan filed by the District with Weld County. As a result of that meeting, the petitioners requested that the public hearing before the Weld County Planning Commission on June 15, 2004, be continued until the Planning Commission meeting on August 3, 2004, to allow the petitioners to provide supplemental information and a revised Service Plan for staff review. The supplemental information will set forth an example of a rate study for an extension of service to a hypothetical community so that the process referenced in the Service Plan as to how the District will evaluate and set rates related to a financing of specific improvements can be illustrated for review. The revised Service Plan will delete the reference to the intergovernmental agreement establishing a policy board and will incorporate within the text the commitment of the District to do the following: (a) establish an advisory board; and (b) offer seats on the advisory board to the County Commissioners, should they choose to so participate directly or by appointment of nominees. In addition, the revised Service Plan will incorporate the reporting requirements which were previously set forth in the intergovernmental agreement. In addition, we would like to provide for your consideration a tentative schedule of the hearing and publication dates, necessary for meeting the statutory deadlines for a November 2004, election. {000[9534.DOC va = EXHIBIT ' I 6/15/2004 16:52 0303-592-4385.5 McGeady Sisneros, PC Kathy Copeland->19703046498 3/3 Bruce Barker June 15, 2004 Page 2 1. The first schedule anticipates an August 3, 2004,Planning Commission hearing with a final recommendation: (a) August 3, 2004, Planning Commission hearing with a final recommendation (b) August 4, 2004, publish for August 25, 2004, Board of County Commissioners hearing (c) August 16, 2004, Board of County Commissioners sets a hearing date of August 25, 2004 (d) August 25, 2004, hearing before the Board of County Commissioners 2. The alternative schedules anticipates an August 3, 2004,Planning Commission hearing and allows for a continuance if necessary to an August 17, 2004,Planning Commission hearing with a final recommendation: (a) August 3, 2004, Planning Commission hearing with a continuance to the August 17, 2004, meeting (b) August 11, 2004, publish for September 1, 2004,Board of County Commissioners hearing (c) August 17, 2004, Planning Commission hearing with a final recommendation (d) August 30, 2004, Board of County Commissioners sets a hearing date of September, 1, 2004 (e) September 1, 2004, hearing before the Board of County Commissioners Thank you for your assistance in the continuance of the Planning Commission Hearing. Please feel free to contact our office with any questions regarding the proposed schedule. Very truly yours, MCGEADY SISNEr iS,P.C./ Valerie D. Bromley • VDB/kc c: Don Warden Eric Chekal Kim Ogle Chris Paulson Harvey Deutsch Shayne Madsen Joel Farkas Tom Bishop Steven Deutsch Sam Sharp [00019534.DOC v.1 06/?.5(04 TUE 16:56 FAX 970 356 1111 LAO 6001 • LIND, LAWRENCE & OTTENHOFF LLP ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.Mc 328 GREELEY,COLORADO 80931 WEB PAGE;LLOLAW,COM GEORGE H.OTTENHDFF TELEPHONE KENNETH F,LIND (970)356-9160 KIM R.LAWRENCE (970)353-2323 TELECOPIER P.ANDREW JONES (970)359-1111111 LIPUNRICHARD T.STER 95�0Ua15�.,.Can KELLY J.CUSTER BRADLEY C.GRASMICK June 15, 2004 Kim Ogle VIA FACSIMILE NO. 304-6498 Weld County Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 Re: Service Plan for Resource Colorado Water and Sanitation Metro District Dear Kim: As you know, this office represents the Lost Creek Ground Water Management District. The purpose of this letter is to provide the District's comments on the proposed Resource Colorado Service Plan. The District has recently concluded long and difficult litigation with the applicants by settlement and does not wish to take any position with regard to the creation of the metro district per se, however, in the event the Board of County Commissioners does approve its formation, the District believes the following issues should be addressed: 1, The District is concerned with the proposed Metro District's powers of condemnation. While statute makes it clear that such a District could not condemn water rights directly, it does not prohibit condemnation of farms for Metro District purposes, or structures like canals- This eventuality is unlikely, but nevertheless, the District believes that the Metro District's condemnation powers should be limited to condemnation for the purposes of installing pipeline and associated structures, and then in locations in proximity to a county road, so that farms would not be disturbed for the installation of a pipeline. 2. The primary purpose of the Metro District is to finance a pipeline or pipelines to be used to export water from Lost Creek Designated Ground Water Basin. Though the parties who propose the District own a number of wells that will export water, there remain many wells and farms that may, at some date in the EXHIBIT FAKIM\Lost Creek GMD\Last Creek GMDt99CV0097\CF\Corresp\Ogle Weld Cnty Planning 040615.doc = 06/15/04 TUE 16:56 FAX 970 356 1111 LL(40 1002 Kim Ogle Weld County Department of Planning Services Re: Service Plan for Resource Colorado Water and Sanitation Metro District June 15, 2004 Page 2 future, wish to deliver water outside the boundaries of the basin. The District is concerned that the proposed Metro District, controlled by private entities, would have a monopoly over the means of export, and might exclude others from use, or charge exorbitantly high tolls. Again, the likelihood of this scenario occurring is perhaps small, considering the current parties involved in the proposal. Nevertheless, some means should be put in place to prevent these abusive practices from occurring in the future. The County should charter the Metro District in such a way that farmers who are currently not involved in the project have an equitable means to access the pipeline and related structures. A public works project of this size should be truly 'public,' and available for use by Weld County residents at a reasonable rate. 3. Finally, the District believes that a District Board member should sit on the advisory board contemplated by the proposal. The District has discussed this concept with the applicant, and found that it is not adverse. Sincerely, LIND, LAWRENCE & OTTENHOFF LLP pigmy Sod by P.hAdNw Jones oN:CN=P.Andrew Jenne,C=US.0= f• Lind,uwmno..S Oeemoff,LIP _ Mori .1.2014.Ub 1t5 ef-01004rwn Onto:4CM.p8.151&55:06-06 V P P. Andrew Jones PAJ:mt cc: Lost Creek GMD • F:\XIM\LOST CREEK GMD0.OST CREEK GMD\99CV0097\CF\CORRESP\OGLE WELD CNTY PLANNING 040615.DOC McGEADY SISNEROS, R C. ATTORNEYS AT LAW 1675 BROADWAY, SUITE 2100 DENVER,COLORADO 80202 TELEPHONE:13031 592-4380 FAC51 M I LE:13031 592-4385 MARYANN M.McGEADY SPECIAL COUNSEL DARLENE SISNEROS MARY JO DOUGHERTY KENNETH M. KOPROWICZ MEGAN BECHERV p KATHRYN ATHR 5.BROMLEY A June 18, 2004 CEL C.MURPHY GEO GEL M.E OWLE GEORGE M.ROW LEY VIA FEDEX Don Warden Weld Cou 915 10 treet Gre , CO 80631 Re: Resource Colorado Water and Sanitation Metropolitan District Dear Don: Enclosed, pursuant to your request at the June 3, 2004, meeting regarding the Service Plan for the proposed Resource Colorado Water and Sanitation Metropolitan District ("District"), is the following information: 1. A revised Service Plan incorporating the establishment of an Advisory Board and deleting the intergovernmental agreement between the District and Weld County regarding establishment of a Policy Board; 2. A Hypothetical Financing Plan for the District as well as a letter from Kirkpatrick Pettis regarding such Hypothetical Financing Plan; 3. A chart showing the hypothetical use of bond proceeds; and 4. A cost analysis for Phase 1 of the Resource Colorado Water System. Please feel free to contact our office with any questions regarding the enclosed information. Very truly yours, MCGEADY SISNEROS, vcL Valerie D. Bromley Kim Ogle Eric Chekal SNIIINIP Jack Reutzel Bruce Barker Chris Paulson Harvey Deutsch Shayne Madsen Joel Farkas Tom Bishop . EXHIBIT Steven Deutsch Sam Sharp {00020045.DOC v:1) . , ii"t-is-,ii , ilipe, MEMORANDUM COLORADO To: Kim Ogle, DPS alftAl From: Don Warden 1/4) di (IV Date: June 21, 2004 Re: Service Plan for Resource Colorado Water and Sanitation Metro District I have reviewed the resubmitted service plan for the Resource Colorado Water & Sanitation Metropolitan District (District) dated June 18, 2004. I also met on June 3, 2004, with the representatives proposing the District. The resubmittal was in partial response to the discussion of June 3, 2004, regarding the "advisory board" and the financial plan for the District. The changes proposed for the structure of the "advisory board" address many of the concerns I raised. The bottom line is for the Board of Weld County Commissioners to make a policy decision regarding this matter that they are comfortable with if the District is created. The financial information resubmitted provided a hypothetical plan to demonstrate the feasibility of one phase of the project financing contemplated by the District. The hypothetical plan goes a long way in clarifying how the financial plan will work as it relates to the bonded indebtedness and the servicing of that debt. I am comfortable that the bonded indebtedness plan would probably work as hypothetically proposed. In its simplest terms the bonds fund the infrastructure of the water delivery system so the water can be sold to developments. The proceeds from the sale of the water provides the funds to liquidate the debt over a seven-year period. The water will be sold on a per acre-foot basis, much like a municipality sells a tap for a capital development fee. The part of the financial plan that is still not presented is the operational budget at the user level for the end consumer to pay for the treated water. The treated water may be provided by a municipality or another water and sanitation district independent of the District. Rate studies would have to be done to determine the affordability of the services. Another part of the financial plan missing is how will the infrastructure of the District that delivers the water to the developments that purchase the water be maintained over time and at what cost. This question goes to the heart of a major policy question that i j. EXHIBIT 1 3 8 ie needs to be answered prior to approving the service plan. What is the long term viability of this District once the infrastructure is build and the handful of private individuals that asked for this District to be created have marketed and sold the water to developments? Do they have a long-term interest in maintaining the district? The end users are going to be relying upon the water for perpetuity, but will the handful of developers proposing this plan have a commitment to the long-term viability of the district. The question is what happens in a worst case scenario where the developers proposing the district do the improvements, sell all the water they have to various developments, contract through IGA's to have the water delivered, and the debt is paid off in seven years? What happens at that point if the Directors of the District, who are not residents, have sold off their interest in the water to the District or other developments, lose interest in the district, die, grow tried of having the district, or just walk away from it leaving a 154 acre parcel unmanned? They will have no personal liability, and could leave the end users scrambling to find a service provider to operate and maintain the infrastructure. In this example county government will be the likely entity that will have to get into the water business by default, not by choice. The inevitability of agriculture water being converted to domestic or municipal use to accommodate growth exists in the Front Range of Colorado, and probably makes economic sense. The caution we all must have is that it is done in way that the members of the public are protected, and knowing get into situations they desire, and not into situations through crisis or default. The biggest problem with this service plan is the provision found on page 7 paragraph 2 that reads: "Any change to either the Phase I Plan or additional phases shall not be considered a material modification of the Service Plan and shall not require a Service Plan Amendment." This provision for all practical purposes means there is not a service plan. In short it creates a metro district with a blank check and blank easel with $324 million in bonding capacity to paint the future picture of the district service plan as a handful of developers desire with no accountability to anyone once the District is created. The plan if approved as proposed gives the District authority, discretion, and license to facilitate the exporting of the water in Weld County for development primarily in Adams County without any conditions, if the District Board so chooses. The proposing parties of the District argue that the District is "entrepreneurial" and therefore, needs the latitude and flexibility in the service plan, so it can be responsive to opportunities to sell water without having to go back and amend the service plan. It appears to me that this flexibility is provided at the risk of having a lack of accountability to the public of what services are to be provided by the District. If the District is approved, the Board of Weld County Commissioners should consider conditions that require the District to have a specific service plan for each phase, and at each phase the District must come back with an amended service plan covering the new phase, once details are known. Also, as each phase of the service plan is approved evidence should be provided that the service is affordable, and assurance that the IGA's associated with the District and the end users have some provisions that the service plan demonstrates that a service provider has long term viability and responsibility to service the end users long term. Short of these conditions there is a risk that end users could find themselves with poor service, costly service, or in the worst case no service. At that point the county would be called upon to help solve the problem. Conditions and safeguards need to be put into the approval of the service plan to insure a worst case scenario like the one cited does not materialize. If the current or future Board of Weld County Commissioners get into the water and sanitation business it needs to be a policy decision made by choice, and not by default due to inadequate conditions and safeguards in approving the District's service plan that has no firm promises of service requirement, and that gives a few private parties requesting the creation the District total latitude to do whatever they like once the District is created. If the private parties proposing the District want the total latitude called for in the service plan, then it should be a private enterprise doing the project. If they want the benefits of a public entity(metro district) then they need to have the conditions, safeguards, and a detailed service plan that tells the public what exact services are going to be provided to the public, at what cost, and what they are going to be held accountable to the public for as the service plan is executed. I do no think the state statute contemplated the creation of a metro district that does not have a more specific service plan than proposed here, and with the latitude of once created to be able to change it in anyway desired without some of the changes being considered a material modification, and requiring an amended service plan where there is public input and review. metrodi strictserviceplan Kirkpatrick Pettis A Mutual of Omaha Company June 15, 2004 Don Warden Director of Finance and Administration Weld County, Colorado 915 10th Street Greeley, CO 80631 RE: Resource Colorado Water and Sanitation Metropolitan District Hypothetical Financing Plan Dear Don, We have prepared the attached hypothetical financing plan to demonstrate the feasibility of one phase of the project financing contemplated by Resource Colorado Water and Sanitation Metropolitan District (RCW&SMD). The proponents of the District have provided us with the estimated project costs for the water pipeline installation ($24.6 million) and the estimated annual and total acre-feet (2,661) of water sold for delivery through the pipeline. It is contemplated that the District will impose a one-time system development charge per acre-foot at the initial delivery of the water sold. Based on our experience and expertise at structuring and underwriting previous non-rated project based financing of this nature, we have recommended the following additional assumptions to include within this hypothetical plan: 1) One year of capitalized interest during the construction period, 2) A debt service reserve fund equal to 10% of the par amount of bonds, 3) Underwriting and other costs of issuance estimated at 4% of the part amount, 4) Interest rates estimated at 6% and, 5) Bonds callable upon payment of system development charges. We are engaged with RCW&SMD pursuant to a Letter of Intent, and will serve as underwriters for the District's proposed debt. For this hypothetical financing and any other subsequent non-rated bonds issued by the District, we expect to market the bonds to institutional investors in denominations not less than $500,000. This hypothetical bond financing is consistent with our view of the requirements from the market place for this type of project financing. Please be advised that bonds will be marketed only at a point in time when we as underwriters have determined that there are water purchase contracts in place based upon 1600 Broadway,Suite 1100* Denver,CO 80202-4922 * 303-764-5737 * 303-764-5768* 800-942-7557 FAX 303-764-5770 * Home Office: 10250 Regency Circle,Suite 400 * Omaha, NE 68114* 800-776-5777 Member NASD&SIPC * ssharp(5 kpsp.com*tbishop(a)kpsp.com system development charges that will provide sufficient revenues necessary to support the debt service. We hope this letter helps to clarify the hypothetical financing plan for the RCW&SMD. Please call if you have any questions or require further clarification. Sincerely, Thomas R. Bishop Senior Vice President Enclosure (1) TRB/llm Cc: Harvey Deutsch MaryAnn McGeady Kirkpatrick Pettis A Mutual of Omaha Company RESOURCE COLORADO WATER and SANITATION METROPOLITAN DISTRICT HYPOTHETICAL FINANCING PLAN for Ser. 2004 Revenue Bonds, 7-year amortization Based on 2,661 acre-feet of water System Less Ser.2004 Annual Development Net Revenue $30,630,000 Par Acre-Feet of Charge per Ac-Ft Available [Net$24.625 MM] Water Inflated for Debt Service Net Debt Annual Cumulative YEAR Sold @ 2.0% Service Surplus Surplus 2004 0.00 0 0 0 0 2005 0.00 0 0 0 0 2006 665.25 $12,084 8,038,809 8,035,595 3,214 3,214 2007 532.20 12,326 6,559,668 6,557,295 2,373 5,588 2008 399.15 12,572 5,018,146 5,019,995 (1,849) 3,739 2009 399.15 12,824 5,118,509 5,116,195 2,314 6,053 2010 266.10 13,080 3,480,586 3,482,295 (1,709) 4,344 2011 266.10 13,342 3,550,198 3,550,895 (697) 3,647 2012 133.05 13,608 1,810,601 1,811,795 (1,194) 2,453 2013 0.00 13,881 0 0 0 2,453 2014 0.00 14,158 0 0 0 2,453 2015 0.00 14,441 0 0 0 2,453 2016 0.00 14,730 0 0 0 2,453 2,661.00 33,576,518 33,574,065 2,453 6/14/2004 B RCWSMD Rev Plan 04 Rev Plan 7 Prepared by Kirkpatrick Pettis SOURCES AND USES OF FUNDS RESOURCE COLORADO WATER&SANITATION METROPOLITAN DISTRICT HYPOTHETICAL SERIES 2004 WATER REVENUE BONDS 7-yr principal amortization Dated Date 12/01/2004 Delivery Date 12/01/2004 Sources: Bond Proceeds: Par Amount 30,630,000.00 30,630,000.00 Uses: Project Fund Deposits: Project Fund Deposit 24,625,000.00 Other Fund Deposits: Capitalized Interest Fund 1,714,504.82 Debt Service Reserve Fund 3,063,000.00 4,777,504.82 Delivery Date Expenses: Cost of Issuance 612,600.00 Underwriter's Discount 612,600.00 1,225,200.00 Other Uses of Funds: Contingency 2,295.18 30,630,000.00 Jun 14,2004 9:54 am Prepared by Kirkpatrick Pettis Quantitative Group—MK (Resource CO W&S Met Dist 04:BJUN1004-047YR) Page 1 BOND DEBT SERVICE RESOURCE COLORADO WATER&SANITATION METROPOLITAN DISTRICT HYPOTHETICAL SERIES 2004 WATER REVENUE BONDS 7-yr principal amortization Annual Period Debt Debt Ending Principal Coupon Interest Service Service 12/01/2004 06/01/2005 918,900 918,900 12/01/2005 918,900 918,900 1,837,800 06/01/2006 918,900 918,900 12/01/2006 6,305,000 6.000% 918,900 7,223,900 8,142,800 • 06/01/2007 729,750 729,750 12/01/2007 5,205,000 6.000% 729,750 5,934,750 6,664,500 06/01/2008 573,600 573,600 12/01/2008 3,980,000 6.000% 573,600 4,553,600 5,127,200 06/01/2009 454,200 454,200 12/01/2009 4,315,000 6.000% 454,200 4,769,200 5,223,400 06/01/2010 324,750 324,750 12/01/2010 2,940,000 6.000% 324,750 3,264,750 3,589,500 06/01/2011 236,550 236,550 12/01/2011 3,185,000 6.000% 236,550 3,421,550 3,658,100 06/01/2012 141,000 141,000 12/01/2012 4,700,000 6.000% 141,000 4,841,000 4,982,000 30,630,000 8,595,300 39,225,300 39,225,300 Jun 14,2004 9:54 am Prepared by Kirkpatrick Pettis Quantitative Group-MK (Resource CO W&S Met Dist 04:BJUN1004-047YR) Pape 2 NET DEBT SERVICE RESOURCE COLORADO WATER&SANITATION METROPOLITAN DISTRICT HYPOTHETICAL SERIES 2004 WATER REVENUE BONDS 7-yr principal amortization Capitalized Total Debt Service interest Net Annual Date Principal Interest Debt Service Reserve Fund Fund Debt Service Net DIS 06/01/2005 918,900 918,900 918,900 12/01/2005 918,900 918,900 918,900 06/01/2006 918,900 918,900 53,602.50 865,297.50 12/01/2006 6,305,000 918,900 7,223,900 53,602.50 7,170,297.50 8,035,595 06/01/2007 729,750 729,750 53,602.50 676,147.50 12/01/2007 5,205,000 729,750 5,934,750 53,602.50 5,881,147.50 6,557,295 06/01/2008 573,600 573,600 53,602.50 519,997.50 12/01/2008 3,980,000 573,600 4,553,600 53,602.50 4,499,997.50 5,019,995 06/01/2009 454,200 454,200 53,602.50 400,597.50 12/01/2009 4,315,000 454,200 4,769,200 53,602.50 4,715,597.50 5,116,195 06/01/2010 324,750 324,750 53,602.50 271,147.50 12/01/2010 2,940,000 324,750 3,264,750 53,602.50 3,211,147.50 3,482,295 06/01/2011 236,550 236,550 53,602.50 182,947.50 12/01/2011 3,185,000 236,550 3,421,550 53,602.50 3,367,947.50 3,550,895 06/01/2012 141,000 141,000 53,602.50 87,397.50 12/01/2012 4,700,000 141,000 4,841,000 3,116,602.50 1,724,397.50 1,811,795 30,630,000 8,595,300 39,225,300 3,813,435.00 1,837,800 33,574,065.00 33,574,065 Jun 14,2004 9:54 am Prepared by Kirkpatrick Pettis Quantitative Group-MK (Resource CO W83 Met Dist 04'.BJUN1004-047YR) Page 3 • BOND SUMMARY STATISTICS RESOURCE COLORADO WATER&SANITATION METROPOLITAN DISTRICT HYPOTHETICAL SERIES 2004 WATER REVENUE BONDS 7-yr principal amortization Dated Date 12/01/2004 Delivery Date 12/01/2004 First Coupon 06/01/2005 Last Maturity 12/01/2012 Arbitrage Yield 6.000000% True Interest Cost(TIC) 6.516366% Net Interest Cost(NIC) 6.427629% All-In TIC 7.047761% Average Coupon 6.000000% Average Life(years) 4.677 Duration of Issue(years) 4.023 Par Amount 30,630,000.00 Bond Proceeds 30,630,000.00 Total Interest 8,595,300.00 Net Interest 9,207,900.00 Bond Years from Dated Date 143,255,000.00 Bond Years from Delivery Date 143,255,000.00 Total Debt Service 39,225,300.00 Maximum Annual Debt Service 8,142,800.00 Average Annual Debt Service 4,903,162.50 Underwriter's Fees(per$1000) Average Takedown Other Fee 20.000000 Total Underwriter's Discount 20.000000 Bid Price 98.000000 Par Average Average Bond Component Value Price Coupon Life Term Bond 30,630,000.00 100.000 6.000% 4.677 30,630,000.00 4.677 All-In Arbitrage TIC TIC Yield Par Value 30,630,000.00 30,630,000.00 30,630,000.00 +Accrued Interest +Premium(Discount) -Underwriter's Discount -612,600.00 -612,600.00 -Cost of Issuance Expense -612,600.00 -Other Amounts Target Value 30,017,400.00 29,404,800.00 30,630,000.00 Target Date 12/01/2004 12/01/2004 12/01/2004 Yield 6.516366% 7.047761% 6.000000% Jun 14.2004 9:54 am Prepared by Kirkpatrick Pettis Quantitative Group—MK (Resource CO W&S Met Dist 04:BJUN1004-047YR) Pape 4 Resource Colorado Water and Sanitation Metropolitan District Hypothetical use of Proceeds Based on Description of Facilities Delivery of potable water per diagram submitted herewith $25,000,000 (includes wells, collection, storage and distribution) Delivery of irrigation water(includes wells, collection, $30,000,000 storage and distribution) Future water treatment facility, if required $20,000,000 Participation and purchase of capacity in regional sewer $78,000,000 treatment facility(includes associated facilities) Aquifer recharge and storage program including Henrylynn $30,000,000 system improvements Future delivery systems for potable water to local jurisdictions $25,000,000 i.e. Hudson and Keensburg et al. Future delivery systems for delivery of irrigation water to local $25,000,000 jurisdictions Future facilities for use of return flows from South Platte River $35,000,000 basin Engineering expenses and construction contingency $56,000,000 Total hypothetical expenditures by District Water System $324,000,000 improvements (potable and non-potable) and sanitary water system improvements (00020015.DOC v:I(M:Vackye\Harvey\Prospect Valley\Resource Colorado Water and Sanitation District Memo 6-11-04 Resource Colorado Water System June 15, 2004 Cost Analysis DRAFT The following is a summary of the cost analysis for Phase 1 of the Resource Colorado Water System. The current available potable water consists of 2661 acre-feet per year with a combined TDS of 465 mg/l. The potable water system as conceptualized consists of two well fields, A and B. Figure 1 shows the conceptual design. A Water CAD model was developed to determine pipeline sizes and pumping plant parameters. Cost and Design Assumptions Assumptions used in developing the costs are as follows: • The delivery system is approximately 24-miles in length and 24-inch pipe. • The potable system is designed to deliver the peak day demand of 1.6 times the average flow. • The collections system (from the wells to the main storage) is designed for flow of 5 times the peak day to allow for flexibility of well pumping and maintenance downtime. • Backup generators will be installed at the main storage tank and three of the high capacity wells for the potable system only. • All wells are equipped with variable speed pump motors. • No contingency is added to the costs herein. • The engineering fee is estimated at10%. • Operations and maintenance costs will be performed by the water provider, therefore they are not included in this estimate. • Chlorination costs have been included in this estimate; no other treatment has been identified. • No interim or head storage is included in the transmission line. The water provider will supply transmission storage. • The existing electrical infrastructure for each well will be utilized. • New, or additional, electrical service for each collection station will be required this cost is included in the estimate. • This cost estimate does not allocate a cost to acquisition of future sources of water. • This cost estimate does not provide for easement acquisition. Potable Cost Estimate Summary June 15, 2004 Resource Colorado Water System DRAFT Wellfield Description Cost Well Installation (Drilling/Casing),well A ,pump stations, controls and equipment $2,865,879 B $1,505,689 A Collection pipelines $1,567,574 B _ $1,775,777 Storage Tanks Main Potable Collection Tank $1,275,000 Potable Head Tank $0 Wellfield B Potable Tank $255,000 Pump Stations 'Wellfield B (25 HP Pump) $150,000 Main Potable1 T $1,725,000 Transmission Lines III Potable Line !$11,260,240 Subtotal $22,380,158 Engineering 10% $2,238,016 TOTAL $24,618,174 June 15, 2004 Potable Phased Cost Approach DRAFT PHASE I -Wellfield A Wells and Pipelines $4,433,453 '1.5 MG Head Tank $0 1.5 MG Main Tank I $1,275,000 24"Transmission Line $11,260,240 Main Pump Station $1,725,000 Engineering $1,869,369 SUBTOTAL $20,563,062 PHASE II -Wellfield B Wells and Pipelines $3,281,466 300K Tank $255,000 Pump station I $150,000 Engineering $368,647 SUBTOTAL' $4,055,112 TOTAL POTABLE SYSTEM $24,618,174 Potable System Cost Estimate June 15,2004 Resource Colorado Water System DRAFT Well Designation Wellfield (Permit No.) Item No. Description Quantity Unit Unit Price Cost A L2-1 (14860-FP) Well Installation(Drilling/Casing) 163 Ft $450 $73,350 Well Completion(Pump/20 hp Motor) 1 Ea $30,000 $30,000- L2-2(31643-FP) Well Installation(Drilling/Casing) 160 Ft $450 $72,000 Well Completion(Pump/25 hp Motor) 1 Ea $35,000 $35,000 M-1 (31640-FP) Well Installation(Drilling/Casing) 176 Ft $450 $79,200 Well Completion(Pump/75 hp Motor) 1 Ea $55,000 $55,000 N1-1 (14861-FP) Well Installation(Drilling/Casing) 182 Ft $450 $81,900 Well Completion(Pump/10 hp Motor) 1 Ea $25,000 $25,000 N1-2(14862-FP) Well Installation(Drilling/Casing) 190 Ft $450 $85,500 Well Completion(Pump/50 hp Motor) 1 Ea $45,000 $45,000 N1-3(14863-FP) Well Installation (Drilling/Casing) 183 Ft $450 $82,350 Well Completion(Pump/30 hp Motor) 1 Ea $35,000 $35,000 J-1 (8873-FP) Well Installation(Drilling/Casing) 181 Ft $450 $81,450 Well Completion (Pump/15 hp Motor) 1 Ea $25,000 $25,000 J-2(8874-FP) Well Installation(Drilling/Casing) 178 Ft $450 $80,100 Well Completion(Pump/15 hp Motor) 1 Ea $25,000 $25,000 J-3(9321-FP) Well Installation (Drilling/Casing) 179 Ft $450 $80,550 Well Completion(Pump/15 hp Motor) 1 Ea $25,000 $25,000 N2-1 (6419-FP) Well Installation(Drilling/Casing) 179 Ft $450 $80,550 Well Completion(Pump/60 hp Motor) 1 Ea $50,000 $50,000 N2-2(6420-FP) Well Installation(Drilling/Casing) 174 Ft $450 $78,300 Well Completion(Pump/30 hp Motor) 1 Ea $35,000 $35,000 N2-3(9175-FP) Well Installation(Drilling/Casing) 175 Ft $450 $78,750 Well Completion(Pump/50 hp Motor) 1 Ea $45,000 $45,000 Building 1200 Ea $300 $360,000 Electrical control cable 15973 Ft $4.5 $71,879 SCADA 12 Ea $10,000.0 $120,000 Controls,fiowmeters,valves 12 Ea $70,000 $840,000 4"PVC Pipe 217 Ft $14.50 $3,147 6"PVC Pipe 4380 Ft $16.50 $72,270 8"PVC Pipe 2667 Ft $20.50 $54,674 12"PVC Pipe 9468 Ft $29.50 $279,306 16"PVC Pipe 15890 Ft $41.00 $651,490 20"PVC Pipe 0 Ft $63.00 $0 24"PVC Pipe 6032 Ft $84.00 $506,688 Backup generators 3 Ea $30,000 $90,000 Wellfield A Well Cost $2,865,879 Wellfield A Pipeline Cost $1,567,574 TOTAL Wellfield A $4,433,453 B Al-1 (464-FP) Well Installation(Drilling/Casing) 83 Ft $550 $45,650 Well Completion(Pump/7.5 hp Motor) 1 Ea $25,000 $25,000 Al-2(467-FP) Well Installation(Drilling/Casing) 72 Ft $550 $39,600 Well Completion(Pump/5 hp Motor) 1 Ea $25,000 $25,000 A2-1 (8533-FP) Well Installation(Drilling/Casing) 103 Ft $550 $56.650 Well Completion(Pump/7.5 hp Motor) 1 Ea $25,000 $25,000 A2-2(8534-FP) Well Installation(Drilling/Casing) 91 Ft $550 $50,050 Well Completion(Pump/7.5 hp Motor) 1 Ea $25,000 $25,000 A2-3(8535-FP) Well Installation(Drilling/Casing) 91 Ft $550 $50,050 Well Completion(Pump/10 hp Motor) 1 Ea $25,000 $25,000 C-1 (31518-FP) Well Installation(Drilling/Casing) 91 Ft $550 $50,050 Well Completion(Pump/15 hp Motor) 1 Ea $25,000 $25,000 C-2(31519-FP) Well Installation(Drilling/Casing) 95 Ft $550 $52,250 Well Completion(Pump/15 hp Motor) 1 Ea $25,000 $25,000 C-3(31520-FP) Well Installation(Drilling/Casing) 91 Ft $550 $50,050 Well Completion(Pump/20 hp Motor) 1 Ea $30,000 $30,000 Building 800 Ea $300 $240,000 Electrical control cable 5853 Ft $4.5 $26,339 Collection and Trans Pipe Cost Pot only 6-15-04.xls 3 SCADA 8 Ea $10,000.0 $80,000 Controls,flowmeters,valves 8 $70,000 $560,000 4"PVC Pipe 1268 Ft $14.50 $18,386 6"PVC Pipe 5267 Ft $16.50 $86,909- 8"PVC Pipe 1550 Ft $20.50 $31,775 12"PVC Pipe 2779 Ft $29.50 $81,981 16"PVC Pipe 0 Ft $41.00 $0 20"PVC Pipe 24710 Ft $63.00 $1,556,730 24"PVC Pipe 0 Ft $84.00 $0 Wellfield B Well Cost $1,505,689 Wellfield B Pipeline Cost $1,775,777 TOTAL Wellfield B $3,281,466 TOTAL Well Cost $4,371,567 TOTAL Pipeline Cos $3,343,351 TOTAL Well and Pipeline Cos $7,714,918 Storage Tanks I Main Potable Collection Tank 1,500,000 Gal $0.85 $1,275,000 Potable Head Tank 1,500,000 Gal $0.85 _ Wellfield B Potable Tank 300,000 Gal $0.85 $255,000 Total Storage Tank Cos $1,530,000 Pump Stations 1 Ea $150,000 $150,000 Wellfield B(25 HP Pump) Main Potable' 1 Ea $1,725,000 $1,725,000 Total Storage Tank Cos $1,875,000 Collection and Trans Pipe Cost Pot only 6-15-04.xls 4 Transmission Line-Potable ---FURNISH&INSTALL WATERLINE 24"PVC 124,900 LF $84 $10,491,600 --_FURNISH&INSTALL 24"HORIZONTAL BEND 7 EA $2,500 $17,500 FURNISH&INSTALL 24"VERTICAL LOWERIN ea EA $10,000 $220,000 ---FURNISH&INSTALL 24"VALVES 25 EA $5,000i $125,000 _ ■_.FURNISH&INSTALL TEES 3 EA $5,000 $15,000 AI FURNISH&INSTALL AIR-VAC ASSEMBLY 20 EA 500 r r $90,000 FURNISH&INSTALL 24"PLUG 1 I EA $1,200 $1,200 ---FURNISH&INSTALL 2"BLOW-OFF ASSEMBL 1 EA $1,500 $1,500 ---ASPHALT PATCHING FOR ROADWAY CRO551 240 SY $45 $10,800 ---GRADING FOR GRAVEL ROADWAY RESTORAI 52,300 SY $0.80 $41,840 SILT FENCE 111,000 LF $1 $111,000 --_CLEARING AND GRUBBING 16 AC $700 $11,200 • SEEDING AND MULCHING 16 AC $850 $13,600 TRAFFIC CONTROL 1 LS $110,000 $110,000 Total Potable Transmission Line Cos $11,260,240 Total Transmission Line Cos $11,260,240 TOTAL $22,380,158 Engineering 110% 1 0.11 Ea $2,238,016 $2,238,016 GRAND TOTAL $24,618,174 One 2500 gpm pump with spare and backup generator,includes headquarters building with SCADA 2 Two 2500 gpm pumps with spare,no backup generator Collection and Trans Pipe Cost Pot only 6-15-04.xls 5 POTABLE WELLFIELD B 491 GPM AVE. Tan 860 GPM PEAK 300K 793 ACRE FEET 804 TDS POTABLE WELLFIELD A 1.5 MG 1158 GPM AVE. 24" PIPELINE 2661 AF 2030 GPM PEAK (24 MILES) 2890 GPM 1868 ACRE FEET 465 TDS/ 320 TDS Note: No change POSSIBLE FUTURE to main storage or POTABLE transmission line 465 GPM AVE. when adding future 815 GPM PEAK potable water 750 AF FIGURE 1 Resource Colorado Potable Water System Conceptual Design J'R ENGINEERING 6/15/2004 McGEADY SISNEROS, R C. ATTORNEYS AT LAW 1675 BROADWAY,SUITE 2100 DENVER,COLORADO 80202 TELEPHONE:13031 592-4380 FACSIM I LE:13O31 592-4365 MARYANN M.McGEADY SPECIAL COUNSEL DARLENE SISNEROS MARY JO DOUGHERTY KENNETH M. KOPROWICZ MEGAN BECHER VALERIE 0. BROMLEY KATHRYN S.KANDA JACQUELINE C.MURPHY GEORGE M.ROWLEY MEMORANDUM Weld County P!arni,g C„artment To: Sheri Lockman C 1' JUN `- kiJ4l From: Valerie Bromley Date: June 22, 2004 REC ' Lai Re: Resource Colorado Water and Sanitation Metropolitan District Enclosed are 13 copies of the Resource Colorado Water and Sanitation Metropolitan District Service Plan which you requested. If you have any further questions, please do not hesitate to call me. _ EXHIBIT 6firirg MEMORANDUM WI` G TO: Referral agencies • COLORADO DATE: June 24, 2004 SUBJECT: Resource Colorado Water & Sanitation Metropolitan District In order to address concerns voiced by referral agencies, Resource Colorado Water & Sanitation Metropolitan District has updated their application. If you should have any comments regarding the new information please respond accordingly. 4. EXHIBIT Weld County Planning Department GREET Ey ncr•ICE 1/ ii1N 3 0 2004 4t \(' MEMORANDUM RECEIVED in\' TO: Kim Ogle, Planner DATE: 29-June-2004 W� Q FROM: Peter Schei,P.E., Ci 1 gineer,Public Works Department C. COLORADO SUBJECT: 2004-XX Resource Colorado Water&Sanitation(2)(Metropolitan District) Weld County Public Works Department has reviewed this metropolitan district. Comments made during this phase of the review process may not be all-inclusive, as other concerns or issues may arise. Comments The Public Works Department received on June 28, 2004 an updated referral for the Service Plan For Resource Colorado Water & Sanitation Metropolitan District prepared by McGeady Sisneros,P.C.dated June 18, 2004 Public Works fmds no objections to the materials submitted for the proposed service plan. Recommendation ❑ The Public Works Department finds no objection to this metropolitan district. The applicant shall address the comments listed above at the specific step of the review process stated. The review process will continue only when all appropriate elements have been submitted. Issues of concern must be resolved with the Public Works Department prior to recording the change of zone and final plats? PC: 2004-XX Resource Colorado Water&Sanitation(2)(Metropolitan District).doc EXHIBIT Email &Original: Planner Page 1 of 1 �-.` aWe CENTRAL WELD COUNTY WATER DISTRICT July 1, 2004 Mr. Kim Ogle Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 RE: Resource Colorado Water& Sanitation Metropolitan District Dear Mr. Ogle, The District has reviewed the information submitted to date for the referenced project. The current Central Weld County Water District service area does not conflict with the proposed area to be served by the proposed district. However, there may be a potential overlap in Districts in the future. Please provide any additional information as it becomes available so we can properly evaluate any impact on our District. If you have any questions regarding the above, please advise Sincerely, CENTRAL WELD COUNTY WATER DISTRICT ohn W el Genera Manager JWZ/rg EXHIBIT I 22- 2235 2nd Avenue • Greeley,Colorado 80631 • Phone(970)352-1284 • Fax(970)353-5865 John W.Zadel,General Manager STATE OF COLORADO OFFICE OF THE STATE ENGINEER Weld County Planning Department aF ` i Division of Water Resources 6 Department of Natural Resources �RFFi Y OFFICE I� F� �, �$`., 1313 Sherman Street, Room 818 JUL 0 9 2004 '� ��� Denver, Colorado 80203 tees' Phone(303)866-3581 �+ a J -- FAX(303)866-3589 R E „:s E i6. y¢ti D Bill Owens www.watecsYate.co.us Governor Russell George Executive Director July 7, 2004 Hal D.Simpson,P.E. State Engineer Weld County Planning Dept. do Kim Ogle 1555 N. 17th Ave. Greeley, CO 80631 Re: Service plan for Resource Colorado Water&Sanitation Metropolitan District Dear Kim: Pursuant to the State Engineer's August 7, 1995 memorandum to county planning directors, this office is no longer providing comments on land use actions that do not involve a subdivision as defined in Section 30-28-101(10)(a), C.R.S. This referral does not appear to qualify as a "subdivision". If you have any questions in this matter please call Joanna Williams in this office. Sincerely C;11 Kevin G. Rein Water Resource Engineer Enclosure El EXHIBIT Weld County Planning Dery trnent GREFI F1 rY ICF JUL 15 2004 STATE OF n DO Bill Owens,Governor Douglas H.Benevento,Executive Director 44;oC-cozot Dedicated to protecting and improving the health and environment of the people of Colorado ye: 4300 Cherry Creek Dr.S. Laboratory Services Division ' Denver,Colorado 80246-1530 8100 Lowry Blvd. .1876* Phone(303)692-2000 Denver,Colorado 80230-6928 TDD Line(303)691-7700 (303)692-3090 Colorado Department Located in Glendale,Colorado of Public Health http://www.cdphe.state.co.us and Environment 13 July 2004 Mr. Kim Ogle Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 Re: Weld County Referral — Case Number 2004-XX Resource Colorado Water & Sanitation Metropolitan District Dear Mr. Ogle: The Water Quality Control Division (Division) has received and reviewed the referral for the Resource Colorado Water& Sanitation Metropolitan District (District). This system was referred to the Division in April of this year and Brad Simons initially responded in a letter dated 27 April 2004. Specifically, there are regulatory requirements that must be met before drinking water or wastewater (sewage) treatment facilities can be constructed and operated. The District should be aware of the requirements of the Colorado Water Quality Control Act, the Colorado Primary Drinking Water Regulations, the Water and Wastewater Facility Operators Certification Requirements, the Regulations for the Site Application Process, and the New Water System Capacity Planning Manual. The District should be familiar with section 25-8-702 of the Colorado Water Quality Control Act (http://www.cdphe.state.co.us/op/wgcc/wgcchom.asp) as it relates to domestic wastewater treatment works as defined by the Act and permitting requirements in Regulation 61. The District should also be familiar with section 1.11.2 of the Colorado Primary Drinking Water Regulations as it relates to public water systems as defined by the Regulations (http://www.cdphe.state.co.us/op/reqs/waterqualitvcontroldivision/100301 primarydrinkingwater.p df and http://www.cdphe.state.co.us/wq/Drinking Water/Drinking Water Program Home.htm). For a new water system a Construction Approval Application and information as outlined in the New Water System Capacity Planning Manual must be completed by the District and approved by the State prior to construction. Some of the items required are provided in the referral, however, additional information is needed for a proper review. 11 ElBIT `//'MITT For water and wastewater systems design standards must be followed and copies of the standards are available on the Division's Technical Service Unit's web page, http://www.cdphe.state.co.us/wq/tech/techhom.html. The project appears to be located primarily in Adams County. Therefore, Adams County and Tri-County Health Department must be informed of this project as well. Please contact me with comments or questions at 303-692-3545 or e-mail me at thomas.armitage(a)_state.co.us. Once again, the requirements of the various regulations listed above must be addressed before any construction commences. Sincerely, f,, Thomas R. Armitage, P.E. District Engineer Technical Services Unit Water Quality Control Division TRA/RJF/tra cc: Kent Kuster,WQCD-TSU Brad Simons,WQCD-TSU Carolyn Hermann,WQCD—O&A Dick Parachini,WQCD—O&A Betsy Beaver,WQCD-WQP Trevor Jiricek,Weld County Department of Public Health and Environment Warren Brown,Tri-County Health Department Hello