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HomeMy WebLinkAbout20012736 WELBORN SULLIVAN MECK &TOOLEY, RC. 82117th street.Site 500 Denver,Colorado 80202 ATTORNEYS AT LAW Telephone:303-830-2500 Facsimile:303-832-2366 E-mail:wsmt@wsmtlaw.com Weld County Planning Dept. John E elborn Stephen JS Sullivan October 15, 2001 John E.Meek Keith D.Tooley "'n1" 1 7 /OW Kendor P.Jones Via Telefax and U.S. Mail Brian S.Tooley RECEIVED Thomas C.McKee Molly Sommerville Kim Ogle William R.Rapson Kathryn Haight County Planner, Weld County Kristen L.Mix Department of Planning Services Stephen A.Bain Amy E.Mang 1555 N. 17"h Avenue Danieuevwlletslty Greeley, CO 80631 Rebecca N.Welbom Special Counsel Re: Long's Peak Estates/Daryll and Carol Propp Norman S.Early,Jr. Township 1 North, Range 68 West Of Counsel Section 9: NW4; NE4 (portions) Robert E Welber' Weld County, Colorado Dear Kim: As you are aware, this law firm represents RME Petroleum Company("RME Petroleum") and RME Land Corp. ("RME Land") with respect to an application for land development that has been filed with Weld County ("County") by Daryll and Carol Propp for property described as portions of the NW4 and the NE4 of Section 9,Township 1 North,Range 68 West("Property"). The RME entities own all of the minerals that underlie the Property. They filed a letter with the County dated August 3, 2001 entitled "Notice of Mineral Interests Owned by RME Land Corp. and RME Petroleum Company and Objection." This letter is to inform you that both RME Land and RME Petroleum have worked out agreements with the Propps for the compatible development or other disposition of the minerals. For this reason, the RME entities zitbdraw the objection that they filed with the County. Please provide a copy of this letter to the Board of County Commissioners for the hearing on the Application. If you have any questions regarding this matter, please call me. Very truly yours, oat)/ 7 3 Molly Sommerville <c EXHIBIT I If543 October 15, 2001 Page 2 cc: Marla Jones, Esq. Tom Marranzino Don Ballard Shirley Kovar/United States Exploration, Inc. Evan Liptstein, Esq./for the Propps S:\MLS\UnionU.ongPeakEstates\proppwitbdrawobjection.wpd RINKO, LLC Phone:303-601-9230 Fax:303-277-1583 Rinko,LLC �O'I�IeoUn:�Y IR�aN.GI,liBG�-�F$1Rpt E-Mail:johnrinko@yahoo.com P.O. Box 28218#16 Lakewood,Colorado 80228 OCT 1 5 20O1°,A Marna) TO Lee Morrison Asst. County Attorney DATE 10/12/01 PROJECT NO. Case No. Z-543 VIA FACSIMILE RE Longs Peak Estates,Daryll and Carol Propp (970) 352-0242 SENDING ® Attached ❑ Under separate cover 0 Transmitted via ❑ Prints ❑ Reproducibles 0 Specifications ❑ Shop Drawings ® Copy of Letter 0 Change Order ❑ COPIES DRAWING DATE DESCRIPTION I 10/12/01 Letter to Mr. Kim Ogle,Weld County Department of Planning Services Regarding Preliminary Information prior to Board Hearing TRANSMITTED Z For approval ❑ As requested ❑ For your use 0 For review and comment REMARKS Copy of letter to satisfy Conditions 2A and 2B,to be received ten days prior to the Board of County Commissioners Hearing. COPY TO Kim Ogle with(Z)Enc. Daryll Propp with(®)Enc. SIGNED /C Jo Rinko, Jr., Principal li EXHIBIT a Coz45u3 RINKO, LLC Phone:303-601-9230 Fax:303-277-1583 Rinko,LLC E-Mail:johnrinko@yahoo.com P.O.Box 28218#16 Lakewood,Colorado 80228 October 12, 2001 Mr. Kim Ogle Lead Planner Weld County Department of Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 Subject: Preliminary Information Longs Peak Estates, Case#Z-543 Dear Kim: Pursuant to the recommended approval for the Change of Zone application of the above referenced project, conditions were presented in the Change of Zone Administrative Recommendation(Exhibit 2 of Case Z-543 dated September 4,2001). The conditions listed in Item 2 of page 5 state the following: 2. A minimum of ten days prior to the Board of County Commissioners Hearing: A. The applicant shall submit,to the Weld County Department of Planning Services, either a copy of an agreement with the property's mineral owners, stipulating that the oil and gas activities have adequately been incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners. (Department of Planning Services) B. The applicant shall submit,to the Weld County Department of Planning Services, either a copy of an agreement with the ditch company, stipulating that ingress and egress for the ditch company's maintenance of the ditch,have adequately been incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the ditch company. (Department of Planning Services) The following information documents compliance with these two conditions ten days prior to the scheduled hearing of October 24, 2001. Kim Ogle October 12, 2001 Page 2 Mineral Owners Agreement An agreement with the mineral owners has been attained. Attached is a letter dated October 10, 2001 documenting the agreement between Daryll and Carol Propp,the land owners,with RME Land Corp, the mineral owners. The complete agreement will be sent by the parties directly to Weld County under separate cover. The attached letter documents that the mineral owner will withdraw all objections to the granting of the rezoning. Ditch Company Agreement An agreement has been reached with the ditch company, The Farmers Reservoir and Irrigation Company(FRICO),regarding the design of the ingress and egress for the maintenance of the ditch. Attached is a copy of the letter from Rinko,LLC to FRICO listing the design elements that address access and maintenance concerns. FRICO responded to this letter in their letter dated October 11, 2001 (attached), stating that their concerns are satisfied in concept. The final approval will be addressed after completion of final design. The final design of Longs Peak Estates will adhere to FRICO's design criteria(attached) and will be submitted for approval to FRICO. We trust that receipt and review of the attached documents satisfies the intent of Conditions 2A and 2B listed on Page 5 of Exhibit 2,the Land Use Application Summary Sheet. The mineral owners will provide a withdrawal of all objections directly to Weld County under separate cover as stated in the attached agreement summary letter. Should you have any questions or require additional documentation,please do not hesitate to contact me at(303)601-9230. Sincerely, .:„,\_____A„,,c1A A.__ John Rinko,Jr., P.E. cc: Bob Gollick Daryll Propp attachments Rinko, LLC Longs Peak Estates—Case Z-543 Oct 11 01 02: 24p Propp Realty 303-233-3100 p. 1 Post-it°Fax Note 7671 Dais 0 To Mo( I pages ♦ . From 1 - / C0Nept. \ Co. LAW OFFICES OF Phone* EVAN S. LIPSTEIN PC ° Faxa 3��7 Faro • 12600 West Colfax Avenue -- ■ Sidle C•400 ---�— _ • Lakewood CO 80215 tax:303.232.5161 email:esl@gwest.net October 10,2001 Moll ommerville, Esq. We orn Sullivan Meck&Tolley,P.C. 8 Seventeenth Street, Suite 500 enver, CO 80202 Re: Your client:RME Land Corp Our clients:Daryll and Carol Propp Long's Peak Estates Our File No. 01-130 Dear Molly: Enclosed please find three executed duplicate originals of each of the following documents: 1. Agreement Concerning Mineral Rights 2. Termination of Surface Owner's Agreement 3. Memorandum of Agreement 4. Surface Use Agreement 5. Additional signature pages for the Surface Use Agreement I am also enclosing Daryll Propp Properties Check No. 1869 payable to RME Land Corp. in the sum of$1,650.00 as set forth in Paragraph 1.b of the Agreement Concerning Mineral Rights, and a notice of the hearing before the Board of County Commissioners of Weld County. As you can see, the hearing is scheduled for October 24, 2001, at 10:00 a.m. I understand that you will withdraw all objections to the granting of the rezoning which have been filed on behalf of any of your clients. It would be appreciated if you could provide me with copies of your letter of withdrawal. Please have your clients execute these documents and return a fully-executed copy of each to me. If you need anything in addition, please let me know. Sincerely yours, Evan S.Lipstein ESL:emm Enclosures Cc: Daryll and Carol Propp F R THE FARMERS RESERVOIR AND IRRIGATION COMPANY 80 South 27th Ave. • Brighton, CO 80601 Telephone: 303-659-7373 • FAX 303-659-6077 O October 11, 2001 Mr. Daryll Propp Propp Realty Inc 12600 West Colfax Ave. Suite B-130 Lakewood, CO 80215 The issues we have regarding Longs Peak Estates have been discussed and stated in the letter to me dated September 26, 2001. The proposed list to address the concerns of FRICO does deal with the matters that concern FRICO and in concept satisfy FRICO's concern. Please find attached a copy of the letter dated September 26th and FRICO's criteria for dealing with crossings etc. With these two documents agreements will be finalized as more detailed plans are presented. If you have any further questions please do not hesitate to call me. Sincerely, C\\\AMR M nA0 t'N Manuel Montoya General Manager LLC Phone:303-601-9230 Fax:303-277-1583 Rinko,LLC E-Mail:johnrinko@yahoo.com P.O. Box 28218#16 Lakewood,Colorado 80228 September 26,2001 Mr. Manuel Montoya General Manger The Farmers Reservoir and Irrigation Company 80 South 27th Avenue Brighton, Colorado 80601-2602 Subject: Longs Peak Estates Erie, Colorado Dear Mr. Montoya: The development of the property referenced above is progressing and requires input and approval from The Farmers Reservoir and Irrigation Company(FRICO). Specifically,the Weld County Planning Department has requested the following: "The applicant [Propp Realty] shall submit,to the Weld County Department of Planning Services, either a copy of an agreement with the ditch company [FRICO], stipulating that ingress and egress for the ditch company's maintenance of the ditch, have adequately been incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the ditch company." To this end,we are requesting an agreement or letter of understanding from FRICO to Propp Realty that the concerns you may have are adequately addressed. The due date for this agreement is October 5, 2001. This will allow for receipt of the letter and delivery to Weld County prior to the Board of Commissioners meeting. This letter should be directed to Propp Realty with a copy to Rinko, LLC at the following addresses: Daryll Propp Propp Realty, Inc. 12600 West Colfax Avenue Suite B-130 Lakewood, CO 80215 John Rinko Rinko, LLC P.O. Box 28218 #16 Lakewood, CO 80228 Mr. Manuel Montoya September 26, 2001 Page 2 A drawing of the proposed development was delivered to your office on Monday, September 10, 2001 which shows the Farmer's Irrigation Ditch running along a portion of the eastern border of the property at the southern end of the parcel. Specifically, the ditch forms the eastern border of Lots 5, 6,and 7 and a portion of Lot 4. The ditch turns north and the midpoint of Lot 4, with laterals running east to west across the central area of the property. We understand that FRICO maintains the main ditch, and not the laterals. An additional copy of the drawing is attached for your convenience. The development of Longs Peak Estates has attempted to address concerns that FRICO may have based on our initial meeting of June 13, 2000 at your offices. The following are highlights of the design that are relevant to the ditch. 1. The building envelopes for the lots maintain a 100-foot offset from the centerline of the main ditch and the laterals. Therefore, no houses, buildings, sheds, barns, or other structures can be placed within 100 feet of the ditch centerline. 2. The design of the open space includes a 30-foot offset from the centerline of the main ditch. The 30-foot open space area includes the 15-foot from centerline ditch right of way. The design of the open space will include a horse/bike/pedestrian trail and minimal landscaping (xeriscape design). Ingress and egress to the main ditch will continue to be accessible using the open space area from the access road. 3. The existing access to the southern portion of the property from the east includes a bridge/ culvert arrangement. This access will be upgraded for an access road in accordance with Weld County Department of Works requirements, and will include an upgrade of the existing culvert, if needed,to maintain proper water flow in the ditch. 4. The site naturally drains to the west,away from the main ditch. This flow will be maintained in the site drainage plan. The laterals are situated at a higher elevation than the surrounding land, thus minimizing surface flow into the lateral ditches. 5. The laterals will be incorporated into the site design and will be maintained by the homeowner's association. We trust these provisions will adequately provide for FRICO's maintenance of the main ditch and address your concerns. Please confirm this through a letter directed to Propp Realty. Should you have other issues or topics that need to be addressed, please contact me at your earliest convenience at (303) 601-9230. On behalf of Propp Realty, I appreciate your attention in this matter and look forward to working with you in the future as the project progresses. Si cerely, Jo Rinko, Jr., P.E. cc: Daryll Propp, Propp Realty enclosure Rinko, LLC J DESIGN REVIEW PROCESS AND DESIGN CRITERIA FOR FACILITIES OF THE FARMERS RESERVOIR AND IRRIGATION COMPANY March 1984 Prepared for THE FARMERS RESERVOIR AND IRRIGATION COMPANY 80 South 27th Avenue Brighton, Colorado 80601 303-659-7373 Prepared by - ....rte HYDRO-TRIAD, LTD. 12687 W. Cedar Drive Lakewood, Colorado 80228 303-989-1264 Effective Date: March 7, 1984 FORWARD The Farmers Reservoir and Irrigation Co. (FRICO) ownes, maintains and opera- tes an extensive network of canals, reservoirs, and associated facilities in portions of Jefferson, Boulder, Adams, Weld, and Denver Counties, Colorado. Water storage and conveyance systems handle water for irriation, municipal , and industrial use. FRICO facilities and methods of operation can be affected by development occurring in the region. Development which can adversely affect FRICO includes , but is not limited to utilities, roads, drainage projects, and urban development. This document presents minimum guidelines to be followed by persons and entities designing projects which will affect facilities and operation of the FRICO system. These guidelines are in addition to other applicable City, County, District, or State guidelines and regulations. TABLE OF CONTENTS CHAPTER 1 - GENERAL PROVISIONS 1.000 GOVERNMENTAL REGULATIONS 1.100 FRICO REQUIREMENTS 1.200 PROJECTS REQUIRING FRICO REVIEW 1.201 On FRICO Property 1.202 Off FRICO Property CHAPTER 2 - FRICO REVIEW PROCESS 2.000 REVIEW FEES 2.100 REVIEW SEQUENCE 2.200 REVIEW TIME 2.201 Initial Submittal 2.202 Resubmittal of Revisions 2.300 DESIGN GUIDELINES 2.400 SUBMISSIONS 2.401 Number of Copies 2.402 Certification 2.403 Application CHAPTER 3 - CONTRACTUAL MATTERS 3.000 LIMITATION OF LIABILITY 3.100 CONSTRUCTION CONFORMANCE 3.200 CERTIFICATION OF COMPLETION 3.300 PERFORMANCE BOND AND INSURANCE 3.400 LONG-TERM MAINTENANCE 3.500 LICENSE AGREEMENT CHAPTER 4 - GENERAL DESIGN GUIDELINES 4.000 CONFORMANCE TO GOVERNMENTAL REGULATIONS 4.100 MAINTAINABILITY 4.200 ACCESS 4.300 HISTORICAL FLOW PATHS CHAPTER 5 - BRIDGES, WALKWAYS, OVERHEAD UTILITIES 5.000 BRIDGES AND WALKWAYS 5.001 Clearance 5.002 Construction of Flow 5.003 Footings and Foundations 5.004 Access Roads 5.100 OVERHEAD UTILITIES 5.101 Pipelines 5.102 Telephone and Electrical Power 5.200 UNDERGROUND UTILITIES 5.201 Casing 5.202 Installation 5.203 Cut-off Collars 5.204 Backfill 5.205 Materials and Standards CHAPTER 6 - CANAL RELOCATIONS 6.000 GENERAL POLICY 6.100 RIGHT-OF-WAY 6.200 DESIGN FLOWS AND VELOCITY 6.300 LINING 6.400 DROP STRUCTURES AND ENERGY DISSIPATORS 6.500 GRAVITY FLOW 6.600 INITIAL OPERATION 6.700 SEEPAGE CHAPTER 7 - MIXED USE OF RIGHT-OF-WAY 7.000 POLICY 7.100 PRIVATE RIGHT-OF-WAY 7.101 Fencing 7.200 MIXED USE OF RIGHT-OF-WAY 7.201 Bike/Pedestrian Paths 7.202 Maintenance Roads 7.203 Right-of-Way Markers 7.204 Maintenance 7.205 Indemnification 7.206 Vegetation and Landscaping 7.207 Continuing Obligations CHAPTER 8 - DRAINAGE CRITERIA 6.000 STORM FLOWS 8.001 General Policy 8.002 Existing Conditions 8.003 Proposed Conditions 8.004 Adverse Impacts 8.005 Standards CHAPTER 9 - WATER QUALITY 9.000 GENERAL POLICY 9.100 TREATMENT 9.200 WATER QUALITY STANDARDS CHAPTER 1 - GENERAL PROVISIONS 1.000 GOVERNMENTAL REGULATIONS Various City, County, and State regulations govern the manner in which pro- jects may be constructed. Many regulations require that irrigation companies approve project plans before the governmental entity will approve the project plans IF the project may affect the physical plant and operation of irrigation companies. This document provides the procedures followed by FRICO in reviewing and approving or disapproving, projects that may affect FRICO' s operations. 1.100 FRICO REQUIREMENTS FRICO expressly reserves the right to require projects to be constructed in accordance with the guidelines set forth herein in order to protect the inte grity and value of the FRICO system. FRICO also reserves the right to approve or disapprove any project that may affect FRICO's facilities or operations. 1.200 PROJECTS REQUIRING Fi:ICO REVIEW 1.201 On FRICO Property Projects or development which affect FRICO property or structures by being constructed on, over, or under FRICO property must have plans and specifica- tions approved by FRICO prior to start of construction. These projects include but are not limited to: a. Overhead and underground utilities such as natural gas, petroleum pro- ducts, water, sewage, and compressed air pressure pipelines; telephone and tele-communications wires and cables; electrical power wires and cables ; and sanitary sewers, storm sewers, and other gravity-flow pipe- lines. b. Crossings of railroads , streets, roads, highways, pedestrian/bicycle paths, and similar facilities. c. Relocation of canals, ditches, and associated structures. d. Other projects requiring construction on FRICO property or relocation/ modification of FRICO facilities. 1.202 Off FRICO Property Various projects and developments not constructed on FRICO property but which impact the FRICO system require FRICO approval of plans and specifications prior to start of construction. These projects include, but are not limited to: a. Construction which changes the flow rate, volume, pattern, or quality of storm water drainage or effluent into the canals, ditches, or reservoirs of the FRICO system. b. Construction which changes the pattern or rates of flow or otherwise interferes with return flows from or tributary to the FRICO system. c. Development which causes a concentration of people adjacent to FRICO facilities which facilities in the past have been relatively isolated. CHAPTER 2 - FRICO REVIEW PROCESS 2.000 REVIEW FEES The Applicant requesting FRICO's review shall reimburse FRICO in full for FRICO's direct costs associated with the review. A $1000 retainer fee or such other amount as FRICO may specify shall he paid to FRICO upon filing an Application for Project Review with FRICO. Any costs incurred by FRICO in excess of the retainer shall be paid within 30 days of invoice. Upon request FRICO will provide an estimate of anticipated fees to be incurred. 2.100 REVIEW SEQUENCE FRICO will approve or disapprove plans and specifications for projects after FRICO's receipt of all material FRICO deems necessary for review. Any revisions made subsequent to FRICO's review and approval must be approved by FRICO prior to construction of the project. 2.200 REVIEW TIME 2.201 Initial Submittal FRICO will review proposed projects and developments, and either approve them if acceptable or issue a letter outlining objections, concerns, or required changes if unacceptable. A complete package of material to be reviewed consists of all applicable plans, specifications, design reports, development master plans , drainage reports and other information needed by FRICO to fully assess the impact the proposed work may have on FRICO facilities. 2,202 Resubmittal of Revisions If FRICO requires revisions to the originally submitted plans and specifi- cations, FRICO will review the revised plans as submitted by the Applicant. Changes on drawings, in specifications, and in reports shall be clearly iden- tified nn the revised documents. 2.300 DESIGN GUIDELINES Designs for projects and developments shall conform to all applicable gov- ernmental guidelines, rules, and regulations. FRICO will base its approval or disapproval of proposed projects and developments on the Design Criteria set forth herein. For technical criteria not covered herein, FRICO's review will be based on "Adams County Land Development and Subdivision Regulations, 1982." 2.400 SUBMISSIONS 2.401 Number of Copies Three copies of plans, specifications, design reports, drainage studies, and other data shall be submitted for review. FRICO will retain one copy for its records, FRICO's engineer will retain one copy, and the third copy will be returned to the applicant either marked approved or annotated to indicate changes or additions required by FRICO. Three copies of all revised material re-submitted for review will be required. 2.402 Certification All materials submitted for review shall be under seal of Registered Professional Engineer currently registered in the State of Colorado. All reports shall bear the Professional Engineer's seal on the Title Page and the _ seal shall appear on each Drawing of the plans. The certification shall provide that the review by Applicant 's Professional Engineer shall be additionally for the benefit of FRICO. 2.403 Application An application for FRICO review of plans and specifications shall be sub- mitted at the time a review is requested. The application shall be on the form provided by FRICO, a facsimile of which is incldued in the Appendix to this document. No review shall he undertaken until the Application Form and required retainer is received by FRICO. CHAPTER 3 - CONTRACTUAL MATTERS 3.000 LIMITATION OF LIABILITY FRICO, its agents, or consultants, do not warrant or guarantee the adequacy of designs reviewed by FRICO. FRICO's review of project plans and specifica- tions is for the sole benefit of FRICO to determine if project details conform to FRICO design guidelines, which are necessary to reasonably assure that pro- jects do not adversely affect the facilities or operations of FRICO. The Applicant is solely responsible for designs conforming to applicable Governmental regulations and statutes. The Applicant is solely responsible for the adequacy of its designs and for any adverse affects the project may have on third parties. 3.100 CONSTRUCTION CONFORMANCE The project shall be constructed in accordance with approved plans and specifications and upon an agreed construction schedule. FRICO employees or agents shall be permitted to inspect the project during construction with such frequency and in such detail as is necessary to determine if the project is being constructed in accordance with approved plans and specifications. 3.200 CERTIFICATION OF COMPLETION Upon project completion, the Applicant shall furnish FRICO a statement signed and sealed by a Professional Engineer registered in the State of Colorado certifying the project was constructed in conformance with approved plans and specifications. Attached to the statement shall be a set of project plans revised to accurately represent the "As-Built" configuration of the project. 3.300 PERFORMANCE BOND AND INSURANCE At least 20 days prior to start of construction, the Applicant shall provide to FRICO a performance bond for the benefit of FRICO, in a form acceptable to FRICO and in an amount equal to the estimated cost of construction of those por- tions of the work which FRICO judges necessary for the protection and preser- vation of FRICO's facilities and operation. At least 20 days prior to the start of construction, the applicant shall provide to FRICO a certificate of public liability insurance and a certificate of insurance against property damage to FRICO facilities, with endorsements and limitations acceptable to FRICO in the following amounts: a. Personal injury in an amount not less than $500,000/person and $1 ,000,000 per occurrance. b. General property casualty insurance in an amount not less than $250,000. c. Each certificate of insurance shall provide that the policy shall not be cancelable except upon 30 days written notice to FRICO. 3.400 LONG-TERM MAINTENANCE If land not owned by FRICO is benefitted from the project which is the sub- ject of the Application, and if any portion of the project shall include facili- ties which require maintenance or replacement, FRICO may require a covenant running with the benefitted land that acceptable maintenance and operation of the project structures and facilities will be performed. The specific terms and provisions of any such covenant will be negotiated on a case-by-case basis. 3.500 LICENSE AGREEMENT If the Application is approved, FRICO shall authorize the Applicant 's request upon FRICO's Standard Easement and License Agreement in form attached. CHAPTER 4 - GENERAL DESIGN GUIDELINES 4.000 CONFORMANCE TO GOVERNMENTAL REGULATIONS Designs shall conform to applicable City, County, Special District, State and Federal rules, statutes, regulations, and design criteria in addition to FRICO requirements. Applicant shall be solely responsible for conformance to governmental requirements. 4.100 MAINTAINABILITY Maintainability of facilities shall be a primary design requirement. Facilities shall be designed in a manner such that maintenance can be accom- plished with relative ease using equipment commonly available within irrigation companies and without the need for special equipment or disassembly of com- ponents of the facility. 4.200 ACCESS Continuity of access along canals and ditches and to structures shall be preserved and provided. Access shall be provided to accommodate pickup and maintenance equipment such as backhoes and 10-wheel dump trucks. Access roads shall be in close proximity to structures and canals to allow inspection from the inspector's vehicle and to allow backhoes to reach into the ditches. 4.300 HISTORICAL FLOW PATHS Historical flow paths for water, whether on or off FRICO property shall be preserved when necessary to prevent adverse impact on the FRICO system. Examples (rot all inclusive) of flow paths to he preserved are such things as: canal overflow flow paths ; tail water routes ; feeder canals and storm water inflow channels; infiltration areas, particularly at ends of canals ; turn-outs and associated ditches ; inflow from natural springs and seeps. CHAPTER 5 - BRIDGES, WALKWAYS, OVERHEAD UTILITILES 5.000 BRIDGES AND WALKWAYS 5.001 Clearance Structures shall be so designed as to provide 2.0 feet minimum clearance between the water surface at maximum canal flow and the lowest point of the structure above the water surface. Maximum canal flow is defined as FRICO's normal maximum flow for irrigation purposes plus the 100-year storm inflow. Bridges and walkways shall not be constructed in a manner to cause siphon flow. 5.002 Construction of Flow No piers, abutments, wing walls, footings, or fill shall be permitted within the flow section of canals. The flow section is the area occupied by water in the canal at maximum canal flow as defined in Section 5.001. 5.003 Footings and Foundations Footings for walls, piers, and other foundation elements located within the canal right-of-way shall be carried to an elevation at least 4.0 feet below the existing canal invert. 5.004 Access Roads The crossing shall be constructed such that maintenance road continuity along the canal is preserved. 5. 100 OVERHEAD UTILITIES 5.101 Pipelines Overhead pipeline crossings shall meet the same design criteria as for bridges and walkways, Sections 5.001, 5.002, 5.003, and 5.004. 5.102 Telephone and Electrical Power No poles, towers, guy wires or other structures shall be located on canal/ ditch right-of-ways. Minimum clearance to the highest ground on the right-of- way under the proposed wires shall be 30 feet. 5.200 UNDERGROUND UTILITIES 5.201 Casing All underground utilities shall be carried in casing pipe the full width of the canal or ditch right-of-way. Top of casing shall be not less than 5.0 feet below the canal invert nor less than 3.0 feet below the lowest point of the right-of-way outside the limits of the canal itself. Excepting telephone and electric power lines, the casing shall be liquid tight and the casing sealed to the carrier pipe at each end of the casing. A 2-inch diameter (minimum) vent shall be provided for the casing at each end of the casing. Vents shall be located at the right-of-way line. Minimum casing requirements are as follows: up to and including 12" diameter: standard steel pipe over 12" but less than 24" diameter: 1/4" wall steel pipe 24" diameter but less than 60" diameter: 3/16" wall steel pipe 60" diameter or greater: special design Casing shall be suitably protected from failure due to corrosion for a design life of 50 years. 5.202 Installation Trenching through canal hanks will not be permitted without express written approval of FRICO. For such special cases, construction will be done between irrigation runs. At discretion of FRICO, jacking or tunneling of casing can be done during irrigation season if the Contractor furnishes suitable bond to pro- tect FRICO from potential liability for loss of water, damages to third party persons and property, and damages to crops (either directly or from inability to deliver water) should the canal "break into" the jacking or tunneling operation. 5.203 Cut-off Collars For underground utilities installed by trenching through the canal banks, reinforced concrete cut-off collars shall be provided. The bottom and sides of the collar shall be cast against undisturbed ground. The collars shall project at least 24 inches from the wall of the casing. Collars shall be not less than 12" thick with reinforcement as shown on Figure IV. 5.204 Backfill All backfill shall be compacted to 95% of the maximum dry density for the matter as determined by tests made in conformance with ASTM D698 (Standard Proctor Compaction Method). Backfill shall not be placed in standing water nor shall snow, ice, or frozen earth be incorporated in the fill . Where the existing sides or bottom of the canal/ditch is disturbed, the top 2.0 feet of backfill material shall be clay containing at least 70% by dry weight passing the #200 sieve or containing 2% powdered dry bentonite by dry weight of soil blended into the backfill material . 5.205 Materials and Standards a. Concrete design shall conform to the requirements of ACI 318, latest edition. b. Concrete batching, mixing, and placing, and concrete mix design shall be in accordance with PCA's "Design and Control of Concrete Mixes," latest edition; concrete 28-day compressive strength shall be not less than 3,000 psi . c. Steel design and construction shall conform to AISC "Manual of Steel Construction", latest edition. d. Wood design and construction shall conform to AITC "Timber Construction Manual ", latest edition. e. For items not covered by local building codes, the provisions of the Uniform Building Code will govern. CHAPTER 6 - CANAL RELOCATIONS 6.000 GENERAL POLICY Relocation of canals will be considered on a case-by-case basis. General hydraulic criteria are that the hydraulic conditions immediately upstream and immediately downstream of the relocated section shall be unchanged from the hydraulic conditions existing at the same locations before relocation. 6.100 RIGHT-OF-WAY The existing right-of-way shall remain in FRICO's ownership and the canal shall not be filled-in until such time as: a. The relocated reach is operated and shown to function to the satisfac- tion of FRICO; and b. The new right-of-way is deeded fee simple to FRICO subject only to easements and reservations acceptable to FRICO. At least 20 days prior to relocating any canal or right-of-way, FRICO shall be provided at no cost a commitment for title insurance. No relocation shall commence until FRICO has provided applicant with written acceptance of the quality of title to be received. Upon closing, FRICO shall be provided a policy of title insurance, in conformity with the approved commitment. The new right-of-way shall be at least 50 feet each side of canal centerline or such greater distance as to provide 25 feet for a maintenance access road along at least one side of the canal or such other ROW as shall be required by FRICO. 6.200 DESIGN FLOWS AND VELOCITY The design flows for canals shall be FRICO's normal maximum irrigation flow plus the 100-year storm inflow. While existing canals may not he able to carry the "design flow", all new or relocated canals must be adequate to carry the "design flow" thus enabling new or relocated canals to he compatible with FRICO's long-range plans for up-grading their system. Design velocities shall be sufficient to ensure the canals are self-cleaning at 50% of normal maximum irrigation flow. Because MNIF varies in different reaches of different canals, the Applicant shall obtain from FRICO written specifications for the design NMIF on a case-by-case basis. 6.300 LINING Canal linings shall be designed and constructed in accordance with Soil Conservation Service Specification "Irrigation Water Conveyance Non-reinforced Concrete Ditch and Canal Lining" No. 428-A-1 as applicable or the USSR's publi- cation "Linings for Canal Structures," latest edition. 6.400 DROP STRUCTURES AND ENERGY DISSIPATORS Drop structures and energy dissipators shall be designed and built in accor- dance with applicable U.S. Bureau of Reclamation guidelines. Impact stilling basins or similar semi-closed structures will not be permitted because of the difficulty to clean and maintain. Stilling basins shall not be located under bridges, overhead pipelines, walkways, or other structures which will interfere with access and maintenance. 6.500 GRAVITY FLOW Gravity flow operation of canals shall be maintained. All possible effort shall be expended to avoid the use of siphons. Gravity flow to existing turn- outs must be preserved. 6.600 INITIAL OPERATION New or relocated canal sections shall be constructed in their entirety while separated from the existing canal by a suitable dike. The dikes will be cut-out and the new canal placed in service at such times and in such manner as FRICO agrees to in writing. See also Section 6.100. 6.700 SEEPAGE In areas to be lined where the canal "makes water" (i .e. , groundwater seeps into the canal and becomes surface flow) a suitable underdrain system shall be provided to collect seepage water under the lining and convey the collected water into the canal or to other discharge points as FRICO may specify. CHARTER 7 - MIXED USE DF RIGHT-OF-WAY 7.000 POLICY FRICO will consider on a case-by-case basis whether FRICO right-of-way will remain private or if mixed use will he allowed. 7.100 PRIVATE RIGHT-OF-WAY 7.101 Fencing In general , fencing shall conform to "Colorado Standard Plans, Division of Highway M & S Standards , January 1983" Standard M-607-1 , Combination Wire Fence. Either wooden posts or metal posts are acceptable. Gates shall be "driveway gates". At areas designated by FRICO as high hazard or needing special secur- ity, Standard M-607-2, 8-foot chain link fence shall he provided. 7.200 MIXED USE OF RIGHT-OF-WAY 7.201 Bike/Pedestrian Paths Bike and pedestrian paths shall be designed to serve as maintenance roads and to withstand loads imposed by maintenance equipment standing on or crossing the paths. Where designed to serve as maintenance roads, the paths shall be a minimum of 16.0 feet wide and designed to withstand maintenance equipment loadings. FRICO disclaims all liability for damage to paths due to normal operation of maintenance equipment. Suitable gates and removable barriers shall be provided to prevent the use of maintenance roads and bike/pedestrian paths by unauthorized motor vehicles. 7.202 Maintenance Toads Bike/pedestrian paths also designed as maintenance roads shall be continuous and unobstructed and a minimum of 16 feet in width with suitable gates and remo- vaLle barriers to prevent unauthorized use. 7.203 Right-of-Way Markers Permanent, easily identifiable markers shall be placed at the right-of-way lines at intervals if not less than 200 feet and at all corners or change of alignment. Markers shall be at not less than 100 foot intervals on curves. 7.204 Maintenance The person or entity requesting mixed use shall be responsible in perpetuity for the maintenance of the mixed use right-of-way. "Maintenance" shall include, without limitation, the following: a. prevent accumulation of rubbish and debris b. keep vegetation mowed and in reasonably neat appearance c. prevent accumulation of vegetation in the flow area of the canal/ditch d. keep fencing, gates and removable barriers, and maintenance roads in serviceable condition and in good repair FRICO shall remain responsible for removal of accumulations of silt, sand, or earth in the canal unless such accumulation is in any way a result of the mixed use. Additional costs incurred by FRICO (such as removal of soil and sand or other debris from the ROW) shall be borne by the party requesting mixed use. FRICO shall not be liable for damage to structures or improvements within the FRICO ROW incurred as part of FRICO's maintenance or operations. 7.205 Indemnification The person or entity requesting mixed use shall indemnify and hold harmless FRICO, its agents, and its employees from claims and demands, including reaso- nable attorneys fees and cost of defense, arising from the mixed use of the right-of-way. Continuing public liability insurance may be required by FRICO. 7.206 Vegetation and Landscaping No trees, scrubs, vine-like, or aquatic plants shall be permitted within the limits of the right-of-way. Only grass, flowers or small shrubs (not watered with canal water) will he permitted. Where existing vegetation is disturbed, new grass shall be established. Any contracts for seeding of grass shall have a "guaranteed stand" clause. 7.207 Continuing Obligations In case of use of right-of-way, FRICO is under no obligation to maintain flows in or use of canals. FRICO shall have the right to discontinue use of the canal to relocate canals and to sell the right-of-way without obligation or liability to the co-user. CHAPTER 8 - DRAINAGE CRITERIA 8.000 STORM FLOWS 8.001 General Policy Water from storm run-off into canals or ditches will not be accepted unless Applicant can demonstrate that the proposed design will have no adverse impacts on the FRICO system. 8.002 Existing Conditions Before acceptance of storm flow can be considered, Applicant must carefully analyse and describe existing storm flow conditions for a range of storms from relatively frequent to relatively infrequent. Storm flow analysis must be based on field topographic surveys and soil sampling/testing data. Existing patterns, rates, and volumes of storm flows for various frequency storms must be shown. Effect of any approved development whether planned, under construction, or recently completed must be included in the analysis. 8.003 Proposed Conditions Using basic data developed for the analysis of existing conditions, a parallel analysis shall be made for the proposed conditions. Proposed patterns, rates , and volumes of storm flows for various frequency storms must be shown. The storms to be analysed are the 2, 5, 10, 25, 50 and 100-year storms. The effects of flows on the FRICO system resulting from the proposed development must be described and shown to not adversely affect the FRICO system. Any modi - fications of the FRICO system needed to mitigate adverse impacts shall he designed and constructed at no cost to FRICO. 8.004 Adverse Impacts Examples of items or conditions which are considered adverse impacts include, hut are not limited to, the following: a. increased maintenance b. increased frequency of need for operational adjustments for either canals or reservoirs when operating the system c. increased sedimentation d. decrease of flows into canal due to natural seeps or springs e. increased erosion in ditches/canal f. increased frequency or probability that canals will be overtopped g. increased flood hazard to 3rd parties 8.005 Standards Technical criteria for hydrologic and hydraulic analyses will be based on "Adams County Land Development and Subdivision Regulations, 1982. " CHAPTER 9 - WATER QUALITY 9.000 GENERAL POLICY Water from developments discharged into the FRICO system shall not adversely impact the water quality of the system. The Applicant must show that the quality of the water placed in the FRICO system is equal to or better than the water in the system immediately before the inflow of the storm water. The quality of the water discharged into the FRICO system must also be of sufficient quality to allow introduction into the groundwater via injection wells. 9.100 TREATMENT Regardless of the chemical quality of the water, the Applicant must provide settling or clarifying facilities to remove suspended solids from the storm water prior to discharge into the FRICO system. Trashrack or automatic raking facilities shall be provided to remove floating debris or vegetable matter. Other treatment shall be provided as necessary to achieve the water quality required by Section 9.000. 9.200 WATER QUALITY STANDARDS The standards for acceptable water quality may be changed from time to time by FRICO as shall reasonably be deemed to be necessary to provide for the lawful uses of water by its shareholders. LIST OF FIGURES FIGURE I Profile Illustrating Provisions of Sections 5.000 and 5.100 FIGURE II Plan Illustrating Provisions of Section 5.004 FIGURE III Profile Illustrating Provisions of Section 5.200 FIGURE IV Detail Illustrating Provisions of Section 5.203 IPROPOSED ROAD um rtivl la.) in Ir1IJ AIQA .- SURFACE I 1 • I I ';^' EXISTING MIN. I K.: GROUND 2.0 CLEARANCE ABOVE MAX. I i LINE WAtER SURFACE ELEV. TO v ANY POINT ON STRUCTURE. " J I a ABOVE FLOW SECTION. -• irv,fir' Sit r �, Y`� (Xrt'" ,'` c a^ Warm c ` I t. ,+g ti 4 '91+yr?1 if Is.At' R) 2• v Z a CANAL R.O.W. CANAL R.O.W. 71 PROFILE ILLUSTRATING PROVISIONS OF cSECTIONS 5.000 AND 5.100 M H I i I • REQUIRED FOR TRENCHED INSTALLATION ONLY ALL BACKFILL COMPACTED TO 95% OF CANAL R.O.W. MAXIMUM STANDARD PROCTOR DENSITY. .A....--CANAL R.O.W. 12"MIN. 0 VENT 2"MIN. 0 VENT 0 15.01 MIN. �+. LIMITS OF FLOW SECTION _2 M I pO'MIN. CLAY SOIL OR 2% - 9ENTONITE BLENDED WITH NON-CLAY SOIL.* ' y/NV" _ . �' -o ,V.• �fl . , S. , .} !k ir. Ml � •;„t• ;., . 5= , � "`,,� `�XIST�NG. GRAIN_ 'Oh 'lat't`6 1 1.1'1;24_<k 4 ,ref 11 it '�� V TT T IL , } ,.,: VOA!, U SIDE LIMI S F 24 MIN. (GREATER �";;� „� : �_ FLOW SECTION DISTANCE MAY BE ��'�="f''S"' ""'i�= I L--..\\r. REQ'D. IN SOME CASES) 5.OIMIN. 70 SEAL CANAL INVERT -51 . j -F- !1 I 1 I I i 1 CARRIER iii iht F24"MIN. BOTTOM iii`,; PIPE AND SIDES. STEEL CASING PIPE 12 -TiREINFORCED CONCRETE CUT-OFF COLLAR R MIN. MIN. Gl C m PROFILE ILLUSTRATING PROVISIONS OF SECTION 5.200 • I . X, BACKFILL COMPACTED TO NOT LESS 95% OF MAXIMUM TANDARNPROCTOR DENSITY D "MIN. KEYED INTO UNDISTURBED GROUND TRENCH WALL 4"CLEAR TO PIPE OR EDGE OF CONCRETE V. ♦ . v 2* - 4i. I MIN. REINFORCE- '. 1 a STEEL CASING PIPE -MEN,':s5 BARS -x 1 , S SHOWN. ; 1,1 1 { i X } {A. 1 8i CARRIER PIPE MIN. .: 11 t- - l.. *GREATER DISTANCE MAY EINFORCED CONCRETE ' ' :r - BE REO`D IN CERTAIN CUT-OFF COLLAR CASES DETAIL ILLUSTRATING PROVISIONS OF SECTION 5.203 I FIGURE IQ APPENDIX A Application for Project Review For FRICO use only: Date Application Received: by: Date Retainer Received: by: Amount Date Complete Package for Review Received: by: Date Initial Review Complete: by: Revisions: Number Date Received Date Returned to Applicant Final Action: Date: by: Revision No. Application for Project Review Project Title: Nature of Project: On FRICO Property Date: Off FRICO Property Utility Crossing, Describe Roadway Crossing Pedestrian Crossing Canal Relocation Change Historic Drainage Patterns Change Historic Surface Flows or Water Quality Commercial Development Industrial Development Residential Development Other, Describe Name of Owner of Proposed Project (Company, Address, Phone, Contact Person) Name of Owners Engineer (Company, Address, Phone, Contact Person) Name of Person making Application (Name, Company, Address, Phone) List of Agencies, Addresses, Phone Numbers, and Contact Person of Governmental Entities having Jurisdiction or Reviewing Plans and Specifications. Legal Description of Project Location By completing this application, Applicant acknowledges FRICO may approve or disapprove this application and proposed construction at FRICO's discretion; and furthermore, Applicant agrees to reimburse FRICO in full for all costs asso- ciated with FRICO's review of the application, whether or not approval is granted. The terms and provisions of this application shall not be merged in or ter- minated by the issuance of any other documents or instruments by FRICO, but shall continue to be effective and survive between the parties, their heirs, successors, and assigns. Applicant Date APPENDIX B Right-of-Way Easements and Licenses Agreement 4 • RIGHT OF WAY EASEMENTS AND LICENSES THESE EASEMENTS AND LICENSES made and entered into this day of A.D. 19 by and between a corporation. as First Party, and a corporation, as Second Party; WTTNESSETH: THAT WHEREAS, First Party is the owner of those certain irrigation canals known as the in.. .. . . . .. County, Colorado; and WHEREAS. Second Party desires to construct and maintain a in varying sizes over or under and across the rights of way of said canals at the locations and in the manner as shown on the drawings marked Exhibit A hereto attached and by this reference made • part hereof. Said Exhibit A consists of sheets and each sheet represents a specific crossing; and WHEREAS.First Party is willing to gran: the easements and licenses desired by Second Party NOW, THEREFORE, in consideration of the sum of paid to the receipt of which is hereby acknowledged. and the agreements of Second Party to be performed hereunder and upon the conditions and for the period herein stated,First Party does grant to Second Party, its successors and assigns, easements and licenses to construct, install, lay, maintain,alter, repair, operate and remove a over or under and across the strips of land which constitute a part of the rights of way of the canals herein- above named at the specific locations and in the manner designated and referred to in the applicable sheet of Exhibit A. Second Party agrees not to commence construction of said at any of the points described in Exhibit A without first having obtained the consent and approval thereof of the Superintendent of First Party. , It is understood that, If the First Party only owns an easement for Canal and Lateral rights of way or any part thereof at the locations described in Exhibit A, this instrument shall grant to Second Party only such rights as First Party may under such circumstances grant. In laying and constructing said • and thereafter in repairing, maintaining or removing same Second Party shall do so in such manner as not to damage said Canals and Laterals or the embankments thereof and so as not to interfere with the flow of water in said Canals and Laterals. Any and all excavations made shall be immediately leveled off, and any damage to the Canals and Laterals, embankments. fences, roads or other improvements shall be promptly repaired by Second Party at its sole cost to the satisfaction of First Party. Second Party agrees that it will at :.a ;;mes maintain said and repair all breaks, leaks and damages therein and thereto at its own e::pense and further that, if. by reason of any break, leak or damage in and to the injury to the properties of First Party is sustained. then Second Party will, with all due diligence. repair and replace such property of First Party in the same condition as the same was in prior to such break, leak or damage in and to the said ._. -.. . and will pay any and all monetary damages resulting from such break. leak or damage sustained or incurred by First Party or its stockholders or water users. Second Party further agrees that, if at any time the causes any settling In the ditch embankments, the-roads thereon, or any part of the ditch rights of way, it will,upon notification from First Party, immediately make all repairs required by First Party at Second Party's expense. Second Party further agrees to indemnify and save harmless First Party, its successors, as- signs, employees, agents and stockholders in account of any damage or loss sustained by them or any of them arising by reason of laying, construction, maintenance or removal of said If in the future First Party should desire to enlarge, deepen or otherwise change or relocate said Canals and laterals or to construct any other canal ditch or waterway on said Canal and Lat- eral rights of way or to do any other thing incident to the operation of said Canals and Laterals or any other portion of the irrigation system of First Party,then Second Party agrees,at Second Party's expense, with all due diligence, to change, relay and reconstruct its so as to comply with such plans and specifications as First Party may prescribe as being necessary to permit the proper maintenance and operation of First Party's irrigation system. Second Party agrees to protect First Party and save and hold it harmless from any and all third party claims and damages that said and its operation, construction, maintenance and removal may directly or indirectly cause: and Second Party hereby releases First Party, its successors,assigns, employees, agents and stockholders from any and all claims and damages of whatsoever character to said or other property of Second Party located in, along or across said Canal and Lateral rights of way arising out of either the operation or maintenance of said Canals and Laterals or other portions of First Party's irrigation system or resulting from any other act either on the part of First Party or on the part of any Third Party. The rights of way herein granted to Second Party shall continue so long and only so long . as Second Party, its successors and assigns, shall faithfully and promptly comply with the provis- ions herein stated. It is mutually understood and agreed that this agreement and all the terrns and conditions hereof shall extend to and be binding upon the panics hereto, their successors and assigns. EXECUTED in duplicate the day and year first heremabove written. Attest: By Its President Its Secretary FIRST PARTY Attest: By Its . Its SECOND PARTY STATE OF COLORADO, ss. COUNTY OF ADAMS. The foregoing instrument was acknowledged before me this day of — 19 by u President and -as Secretary of a corporation. Witness my hand and notarial seal. My commission expires Notary Public COUNTY OF The foregoing instrument was acknowledged before me this day of..._... ._.._.-...._.._..__._...._.... 19 by .. as .. and as corporation. Witness my hand and notarial seal. My commission expires Notary Public REVIEW PROCESS_CHLCK-1 IST DEVELOPM NT: PHASE 1 :1 PHASE 2: PHASE 3: i PHASE 4 : - - PHASE 5:PHASE 61_ PHASE 7:1 I PHASE 1 : There is a $100.00 up front fee before the development is reviewed by FR1C0 staff. PHASE 2: Staff recommends to Board estimated cost of the review process. PHASE 3: Developer deposits money before review begins. • PHASE 4: FRICO's engineer and attorney are given notice to proceed with the review process with a dollar limit. PHASE 5: FRICO's staff, engineer and attorney would recommend to the Board action to be taken of the development, PHASE 6: The Board action is conveyed to the County and developer . PHASE 7: FRICO request a copy of the approved plans and action taken by the County or other authorities that has the powers to approve developments. CAS! Z N1,- ACRES AMt, D.4.01'14,p'JQ4 cat:toe_ LON ' REAL. T''° ""•etrwn t A PUBLIC �' >Ht HEARING CONCERNING THIS PROPERTY WILL BE HELD AT915-Wt STREET GREELEY, COLORADO 89831, ON Gc-r- 24 1E 2WIAT Sac. , FOR MORE INFORMATION CALL Tie WELD COUNTY DEPT. OF PLANNPID SERVICES AT 356.4900, EXHIBIT Z-5.st Hello