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HomeMy WebLinkAbout20000853.tiff PUBLIC SERVICE COMPANY OF COLORADO'" A NEW CENTURY ENERGIES COMPANY Northern Division 1901 E. Horsetooth Road Ft. Collins, Colorado 80525 November 1, 1999 EVERITT COMPANIES ATTN: STAN EVERITT PO BOX 2125 FORT COLLINS, CO 80522 Re: Request for new Natural Gas service to Soaring Eagle Ranch, Windsor, CO. Thank you for your request for information regarding natural gas service for the above-mentioned project. Public Service Company will provide natural gas service to this project according to the terms of our extension policies as they are on file with the Colorado PUC. We are excited to partner with you on this project to insure its successful completion. Public Service Company's corporate goals are to provide consistency in customer service in regard to Reliability, Safety, Value, and Price (RSVP). We are confident that you will find our services and experience of value to your project. The Company's rates are competitive with other utilities, and our construction is of the highest quality, insuring safe and reliable service for years to come. I will be your primary contact at PSC for this project. My normal business hours are from 7:30 am to 4:00 pm, Monday through Friday. If I am unavailable, or if your need is immediate, you may contact my Engineering Manager, Gary Huett, at 970-225-7840. In order that I may best serve you, please provide me with one complete set of plans that includes a recorded subdivsion plat. Since our engineering/ construction backlog is currently around 5 months, it is important that you provide me with this information as soon as possible. Please contact me at any time if you need any additional information or if you have any problems you need to resolve. Again, all of us at Public Service Company of Colorado, a New Centuries Energy Company, look forward to working with you and satisfying your energy needs. Sincerely, 970-225-7843 Phone J 970-225-7833 FAX Jim Slagle 303-556-0091 Pager Design Engineer jslagle@psco.com 2000-0853 Poudr' POUDRE VALLEY RURAL `r�ey REA ELECTRIC ASSOCIATION, INC. 7649 REA PARKWAY• P.O. BOX 272550 FORT COLLINS • (970) 226-1234 FORT COLLINS, COLORADO 80527-2550 FAX NO. • (970) 226-2123 1-800-432-1012 November 3 , 1999 Everitt Companies Stan Everitt P.O. Box 2125 FT. COLLINS, CO 80522-2125 RE' PROPERTY LOCATED TN SECTIONS 28 & 33 TOWNSHTD 7 NOPTH, RANGE 57 WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO Dear Mr. Everitt : Poudre Valley Rural Electric Association, Inc. is ready, willing and able to serve all electrical loads within our certificated service territory subject to the Rules and Regulations of Poudre Valley Rural Electric Association. If you have any further questions, please call our office . Sincerely, Cat Terry Willis Engineering Representative pl C:\My Documents\TW\EVERITT CO READY ABLE LTR.doc AN EQUAL OPPORTUNITY EMPLOYER A Touchstone Energy" Partner 01> [WWESF life's better here @ Jesse Trujillo Engineering Department US West Communications 12680 Weld County Rd 58 Greeley, CO 80634 November 22, 1999 Stanley Everitt Everitt Companies 3030 South College Fort Collins, CO 80525 RE: Soaring Eagle Ranch Dear Mr. Everitt, US West will provide service to your planned development of 114 proposed lots in Soaring Eagle Ranch, located North of Weld County Road 74 and Highway 257. Provisioning of the service will be in accordance with tariffs on file with the Colorado Public Utilities Commission. Please feel free to contact me, if there are any questions, on 970-350-2944. Sincerely, 47±1O Jesse Trujillo Capacity Provisioning Field Engineer. hhb WATER SERVICE AGREEMENT THIS AGREEMENT is made and entered into as of the /O day of 3"h vY 100 , by and between the North Weld County Water District, acting by and through the North Weld County Water District Enterprise (hereinafter "District") and Everitt Enterprises, Inc. (hereinafter "Developer"), of Soaring Eagle Ranch (hereinafter "Development"). RECITALS WHEREAS, District is a statutory special district formed under the laws of the State of Colorado and is a quasi municipal corporation; and WHEREAS, the District Enterprise was created by the District, in order to comply with the provisions of Section 20, Article X of the Colorado Constitution and Article 45.1 of Title 37 of the Colorado Revised Statutes, as applicable; and WHEREAS, the District owns, maintains and operates a system for the storage of and distribution of potable water within Weld County and Larimer County, Colorado; and WHEREAS, the Developer desires to contract with the District for certain potable water supplies and services for the Development known as Soaring Eagle Ranch; and NOW, THEREFORE, in consideration of the premises and the covenants and agreements hereinafter set forth, it is agreed by and between the District and Developer as follows: ARTICLE 1 WATER SUPPLY/FACILITIES 1.1 The District shall furnish a customary supply of water for a total of 114 residential water taps. 1.2 The water to be furnished by the District shall be potable water, which complies with the Federal Safe Drinking Water Act and any other applicable drinking water regulations. No promise or guarantee of pressure is made by the District or is to be implied from anything contained herein. 1.3 The District shall use reasonable diligence to provide a constant and uninterrupted supply of water, except for interruptions due to: (1) Uncontrollable forces; (2) Operations or devices installed for water system protection; (3) Maintenance, repair, replacement, installation of equipment, or investigation and inspection of the water mid County Planning Dept F\KFL\NWCWIDWATERSER.EVR 1 JAN 24 2000 RECEIVED system, which interruption or reductions are temporary, and in the sole opinion of the District, necessary. 1.4 The District shall install and own a meter vault at each individual lot. ARTICLE 2 COSTS AND EXPENSES 2.1 The Developer shall pay the full portion of the construction for water lines within the Development (or that exclusively serve the Development) that will serve the individual taps. The District must approve engineering and construction plans of all water lines before construction. Once the District has approved the final water line construction and installation, in accordance with all District policies and engineering requirements, the District will conditionally accept the water lines by issuance of a conditional acceptance letter(see Exhibit "A"). One year after conditional acceptance of the water lines, subject to final approval by the District, Developer shall dedicate ownership of the water lines to the District. The Developer may use the District's existing water lines to serve the individual taps, if the District determines in its sole discretion, that the water line may be accessed and has available capacity and pressure to serve the Development. 2.2 The District will be constructing substantial offsite infrastructure enhancements. A portion of these enhancements will be attributable to the Development and an Infrastructure Enhancement Fee will be charged to the Developer on a per lot basis. The final amount of said Fee shall be solely determined by the District prior to the consideration of a PUD Final Plan by Weld County. Full payment of said Fee by the Developer shall be made prior to the issuance of any residential building permit. 2.3 The Developer shall also be required to pay the Plant Investment Fee portion of the "Tap Fee"which shall be determined by the number of lots within the Development times the Plant Investment Fee then in effect. Said payment shall be a lump sum paid to the District prior to commencement of construction of water lines that will serve the Development. The Development will be constructed in phases and the above referenced payment will be paid per phase by multiplying the number of lots per phase times the Plant Investment Fee then in effect. It is anticipated that there will be three (3) phases: Phase 1 totals 33 lots; Phase 2 totals 37 lots; and Phase 3 totals 44 lots. Construction of these phases is not required to be sequential, but the phasing will be coordinated with the Weld County planning process so that individual lots in any phase will not be available for sale or for construction of improvements prior to full payment of the Plant Investment Fee for that phase. 2.4 The Developer shall provide the District with security to secure the installation and warranty of water lines for the Development during the one-year conditional acceptance period. Said security shall cover 125%of all costs for construction 2 F:\KFLW WW CD\WATERSEREVR of said water lines, with 100% of said security to be released upon conditional acceptance by the District. The remaining 25% (the Warranty Security) shall be released at the expiration of the one-year warranty period and upon full acceptance of the water lines by the District. The type of security to be accepted shall be at the sole discretion of the District which will normally be a letter of credit, certificate of deposit, or bond. 2.5 During the one-year warranty period the Developer will be responsible for any repairs or maintenance of the Development water line improvements. All such repairs and/or maintenance shall be in accordance with the District policies and engineering requirements and shall be reviewed and approved by the District prior to any repairs or maintenance being effected except in emergency situations. 2.6 Prior to water service being provided at or for any lot, the lot owner shall be required to complete the District's tap application form and pay all costs, expenses and fees as well as dedicate water, if required, in accordance with the policies and procedures of the District at the time of any tap application. ARTICLE 3 EASEMENT AND RIGHT-OF-WAY 3.1 As additional consideration for this Water Service Agreement, Developer agrees to sign and execute the attached form Easement and Right-of-Way Agreement (Exhibit "B") with the specific locations, widths, size of pipeline(s) and descriptions to be determined all of which shall be satisfactory to the District, at its sole discretion. This Agreement is conditional upon execution and recording of the Easement and Right-of- Way Agreement, and until such Easement and Right-of-Way Agreement is finalized to the satisfaction of the District and recorded, District shall not be required to provide any services of any type. 3.2 In addition to execution of the attached Easement and Right-of-Way Agreement, any plats submitted for approval to any governmental authority shall provide and indicate the location of the easements and rights-of-way as provided in this Agreement. Said plans and plats must be approved by the District prior to any final approval by any governmental authority. ARTICLE 4 TERM 4.1 This Agreement shall be subject to the approval by Weld County of the final plat of the Development or the withdrawal of the Development presently being processed for consideration of approval by Weld County. If this Agreement is terminated due to these reasons, the terms and conditions of this Agreement shall be considered null and void. 3 F\KFL NWCWD\WATERSER.EVR 4.2 This Agreement cannot be assigned by Developer without the express written approval of District. 4.3 This Agreement shall inure to and be binding upon the parties hereto and their heirs, executors, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. DEVELOPER: EVERITT ENTERPRISES, INC. By: /�/� v( ` f. / Stanley K. Everitt, Executive Vice President DISTRICT: ATTEST: NORTH WELD COUNTY WATER DISTRICT BY: idi-C ,41 cif By: ji )1.;72.-€(A vSecfetary President STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this Ia day of n./.. � aceo , by Stanley K. Everitt as Executive Vice-President of Britt Enterprises, Inc., Developer. Witness my hand and official seal. My commission expires: ', -A,c Ccc.�r� Z . >4, „�� .,» Notary Public 4 F.\KFL\N WC WD\WATERSER.EVR STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this lc day of ' t c ruin c—j , a u , by LlCzkJ 'n-)yr C>J as President and /2v!1t.._ / n to7C( /,i- as Secretary of North Weld County Water District. Witness my hand and official seal. My commission expires: °i ) a -a/-9oc -a) Notary Public 5 F'.%KF L\NWCWD\WATERS ER.EVR (DISTRICT LETTERHEAD) Date Name Address City/State Re: Conditional Acceptance ("Name of Development") Dear • North Weld County Water District hereby acknowledges that, as a result of visual inspection, receipt of engineering documentation, construction, and installation of the water lines at ("Name of Development"), all requirements have now been met for conditional acceptance of water system improvements as constructed for the ("Name of Development") project located at As of the date of this letter, a one year warranty period shall commence on the subject water line improvements. The improvements are now also approved for service upon completion of a tap application and payment of all fees, costs and expenses and/or dedication of water, if required. During the one year warranty period, any repair or maintenance of the improvements shall be the responsibility of the developer. Please note that this approval is for water line improvements only, which includes all delivery lines and lines up to the meters. Individual water service from meters to each individual residence are not the responsibility of the District. Furthermore, please note that such conditional acceptance does not extend to any associated soils compaction. Final approval, dedication and acceptance of these improvements is then projected for (one year from date of letter). Very truly yours, EXHIBIT "A" F'.\KFL\NWCWD\DEVELOPE.LTR EASEMENT AND RIGHT-OF-WAY AGREEMENT THIS AGREEMENT is made and entered into as of the day of , 20 , by and between EVERITT ENTERPRISES, INC. whose address is hereinafter referred to as"the Grantor" and NORTH WELD COUNTY WATER DISTRICT, a Political Subdivision of the State of Colorado, the address of which is 33247 Highway 85, Lucerne, CO 80646, hereinafter referred to as "the District". WITNESSETH For and in consideration of the mutual promises and covenants herein contained and the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby confessed and acknowledged, the Grantor has granted and conveyed and by these presents does grant and convey unto the District, its successors and assigns, a permanent easement for the installation, construction, maintenance, inspection, operation, replacement or removal of one or more water lines and all underground and surface appurtenances thereto, including metering stations and other fixtures, in, over, across and upon: (Specifics to be determined) EXHIBIT "B" F:\KFLW WCWD\EASEMENT.ROW 1 ), copy March 6, 2000 EVERITT COMPANIES Ms. Pam Smith Weld County Health Departu ent County Plannmi L-'4'1555 N. 17th Ave. afield Greeley, CO 80631 MAR 09 N C° Re: Soaring Eagle Ranch, Case No. Z-537 RECEIVE l) Dear Ms. Smith: v We have received your comments regarding our Soaring Eagle Ranch development proposal (Case No. Z-537). As you have expressed, your primary concerns about this development center around the use of individual septic systems on each lot and how some of these systems may be influenced by fluctuating groundwater levels and/or shallow bedrock. We recognize this concern and have taken several steps in our development design to address them. GROUNDWATER MONITORING: On Sheet 7 of 7 of the Preliminary Site, Landscape and Drainage Plan, which was submitted with our application for Change of Zone, there are several details that show what we are proposing to address your concerns. First, the Groundwater Monitoring Data table shows how the water table fluctuates during the seasons. We will have compiled 12 months of data next month which should help us all understand this variable better. We will continue to monitor these test holes throughout this year. One item to note is the periodic "spike" of some of the test holes. In our analysis we have become aware that the test holes were not properly sealed when installed, which allowed surface irrigation water to compromise these holes and influence the reading. A good example of this can be seen on test hole P-4. In early September the Windsor Reservoir was down as the irrigation season was coming to a close, yet our test hole indicated that groundwater was significantly higher than in any other month. Further investigation found that this test hole was in a sugar beet field and the farmer was flood irrigating heavily at the time of the reading. It is our conclusion that this test hole data was influenced by this irrigation and the other areas that show similar variations were similarly influenced by irrigation practices. We have since sealed the test holes and will continue to monitor them. Another related factor that will reduce groundwater fluctuations from irrigation is described in the Development Guide; Component Five: Landscape and Irrigation. The c wpm, (nth,. i0lit Sr nh(' 'ir« A: we•Pun('.'Hip. r',,1,1,du•knS?s P(1. 8r:•'1'5•Din( Jim.•(1)Lu- I •Yt'n Page h2 CO March 6, 2000 Pr Ms. Pam Smith Weld County Health Department Irrigation portion of this Section (Pages 26-28) describes the controlled type and amount of irrigation water that will be applied to the site in an effort to help manage groundwater levels. GRADING PLAN: Another design element of our plan is the grading that will be done, particularly in areas that have higher groundwater. A good example of this can be seen in the area around the intersection of Cullison Ridge Road and Soaring Eagle Circle. The existing grade at this intersection will be filled approximately nine feet along with the adjoining lots. The septic leach field envelopes are placed on the highest part of each lot. Based on the test hole readings of holes #4 and#6, it appears that the groundwater is generally between 4.5 and 6 feet below existing grade. By raising this grade and placing the septic leach fields in the most appropriate position on the lot, concerns about the groundwater should be minimized. The overall Grading Plan for the entire site takes into consideration this kind of design. There may be a few lots that are not able to meet the minimum Weld County requirements, using conventional systems, and these septic systems will require an engineer to design a system that fully complies with County and State regulations. SETBACKS: Reference was made to horizontal setbacks for septic envelopes from surface water on Lot 6, Block 4, and Lots 1 and 2 of Block 5, and that these setbacks may not meet the 200' minimum. According to the measurements from the high water line of Windsor Reservoir to the septic envelopes, these lots exceed this 200' setback requirement. The area on the plan that is along the property line that is shaded is for temporary detention of stormwater and is not a surface water pond. Adjustments to the location of the septic envelopes and/or the detention area can be made if desired. SEPTIC SYSTEMS: In the Development Guide; Component Two; Service Provisions Impacts; Sewage Disposal Provisions section (Pages 8-10) is a discussion of the management provisions and system upgrades that will be required of each septic system installed in Soaring Eagle Ranch. By requiring upgrades to each system that allow for annual monitoring and maintenance, as well as providing the funding necessary to properly manage each system, the concerns generally associated with individual septic systems can be eliminated. The accompanying report from Earth Engineering, Inc., further addresses these issues as well as the concerns you brought up about shallow bedrock. Of the four items of information you requested, this report and the Preliminary Drainage and Grading Plan referred to earlier should satisfy items 1, 2, and 3. The 4th item requested was a discussion of the feasibility of providing community sewage to each lot and/or construct Page c 3 c:' 0 P March 6, 2000 1(J( Ms. Pam Smith Weld County Health Department and operate a package treatment plant for sewer treatment. There are two community sewage treatment plants in the region, one in Severance and one in Windsor. The plant in Severance is approximately 3 miles away and the Sewer Master Plan just completed in that community indicates that this property could not practically be served by their plant. Furthermore, Severance has several urban type developments in progress that, taken in total, already exceed the capacity of their plant. The Windsor Sewer Treatment Plant is approximately 6 miles from this property and the Windsor Comprehensive Plan does not indicate that this area will be served by the Windsor treatment facility. Because of these existing conditions, it is not feasible to connect to either community sewer treatment facility. In examining the possibility of constructing and operating a package sewer treatment plant for this neighborhood, several issues were taken into consideration. First, a point of discharge for treated sewage is necessary. The Windsor Reservoir Company and the Larimer-Weld Canal Company do not approve of discharging treated sewer into their facilities, which would leave the option of either piping the treated wastewater 6 miles to the Poudre River or collecting treated wastewater by truck and hauling it to another treatment facility for disposal. Neither of these options is economically feasible. Another issue that was taken into consideration was the higher density that would be needed to afford a treatment plant and how this high density development would conflict with the Comprehensive Plans of both Severance and Windsor. Both communities have expressed support for Soaring Eagle Ranch as an estate lot development because it meets their planning expectations. Placing a higher density development on this property would conflict with the regional planning ideas of the area. In conclusion, it is hoped that this information will help in your evaluation of Soaring Eagle Ranch. As was discussed earlier, we will continue to monitor and refine our data as we proceed through the process, and will adjust our plans if further information indicates that modifications are necessary. If you would like more information or would like to discuss what we have submitted, please let me know. Sincerely, A 7-r Stanley K. Everitt Executive Vice President SKE:dr cc: Julie Chester EEC EARTH ENGINEERING CONSULTANTS, INc. March 6, 2000 Everitt Companies 3030 South College Avenue P.O. Box 2125 Fort Collins, Colorado 80522 Attn: Mr. Stan Everitt Re: Individual Sewage Disposal Systems Soaring Eagle Ranch Weld County, Colorado EEC Project No. 1992044 Mr. Everitt: Our geotechnical subsurface exploration report for the referenced project (identified in our original report as the Cullison Farm Development) was submitted to your attention on May 7, 1999 with an addendum report for that project submitted on June 1, 1999. We have recently reviewed the project site grading plans and, in accordance with your request, are providing with this report our comments relative to the proposed grading and the use of individual sewage disposal systems on this site. During completion of our original subsurface exploration, we installed piezometers at ten locations on the Cullison Farm site to allow for monitoring of groundwater levels. Groundwater level measurements have been completed at those locations on a regular basis since installation of the piezometers. Summaries of the water level measurements completed to date have been previously provided to you. As we have discussed, the initial piezometer installation did not include an adequate seal to prevent infiltration of surface water. After noting settlement of the piezometer backfill, a bentonite seal was added and additional backfill was placed adjacent to the CENTRE FOR ADVANCED TECHNOLOGY 2301 RESEARCH BOULEVARD, SUITE 104 FORT COLLINS, COLORADO 80526 (970) 224-1522 (FAx) 224-4564 Earth Engineering Consultants,Inc. EEC Project No. 1992044 March 3,2000 Page 2 piezometer pipes. The remedial work on the piezometers occurred in December of 1999. We believe the readings obtained prior to that time period may show anomalous groundwater levels (higher than actual groundwater) due to infiltration of irrigation water at some well locations. Monitoring of groundwater levels on the site is being performed on a monthly basis. Crop flood irrigation on the site has ceased at this point and we anticipate the future groundwater levels will reflect the lack of flood irrigation to the property with lower groundwater levels expected. Landscape watering may occur after construction; however, the landscape watering will apply significantly less water than flood irrigation of crops and, as such, will have less impact on groundwater levels. Our review of the site grading plan indicates significant fill will be placed in areas of potential shallow groundwater to develop final site grades with greater separation between ground surface and groundwater levels. In the areas of observed shallow groundwater, the placement of fill materials will bring the base of the on-site absorption fields to levels significantly greater than the 4 feet separation required by the State of Colorado. In the far northeast boring on the site, bedrock was encountered at a depth of approximately 3 feet in that one test boring. Bedrock was also encountered at a depth of approximately 4 feet in one boring near the existing house. The depth to bedrock at all other locations was at least 7 feet with bedrock encountered within the drill depth of 15 feet at approximately half of the drill locations. Fill materials are also expected in the shallow bedrock areas to raise the site grades and provide greater separation between the ground surface and bedrock elevations. It is anticipated those ground surface increases will also result in an at least a 4 feet separation between the base of any absorption field and the surface of the bedrock. Although the site grading plans take into account the observed depths of at the bedrock and groundwater at individual boring locations, it is understood that variations in the depth to bedrock and/or groundwater can occur locally, between the boring locations. The development guide for the Soaring Eagle Ranch indicates that individual test pits and percolation tests will be completed at each of the proposed leach field locations to Earth Engineering Consultants,Inc. EEC Project No. 1992044 March 3,2000 Page 3 observe site specific conditions. The individual systems will be designed based on the site specific data developed and, if needed, alternative engineered systems could/would be provided. Based on our review of the outlined information, it is our opinion the site absorption field will be separated sufficiently from the site groundwater and bedrock to prevent contribution to the eutrophication of the nearby Windsor Reservoir. Based on the identified septic leach field envelopes, we believe the envelopes meet the minimum setback requirements for Weld County individual sewage disposal systems. We appreciate the opportunity to be of service to you on this project. If you have any questions concerning this report, or if we can be of further service to you in any other way, please do not hesitate to contact us. Very truly yours, Earth ; . thsconsultants, Inc. Ver y ka "L 4 �.�� Ir6` Lester L. Litton, P.E. Principal Engineer LLL/mmg Hello