HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/20/2009 - RESOLUTION 2009-004 AUTHORIZING A REVOCABLE PERMIT ITEM NUMBER: 15
AGENDA ITEM SUMMARY DATE: January 20, 2009
FORT COLLINS CITY COUNCIL STAFF: Daylan Figgs
Mark Sears
SUBJECT
Resolution 2009-004 Authorizing a Revocable Permit to Don Kehn Construction, Inc. for the
Completion of Mining Reclamation Activities on Arapaho Bend Natural Area.
RECOMMENDATION
The Natural Resources Department/Natural Area program staff and the Land Conservation and
Stewardship Advisory Board have reviewed the plans for the reclamation and are considering the
request for the permit at the January 14, 2009 Board meeting.
FINANCIAL IMPACT
There is no financial gain or loss by this activity. Don Kehn Construction, Inc. (Kehn) has agreed
to provide in-kind services in lieu of a monthly use fee.
EXECUTIVE SUMMARY
Arapaho Bend Natural Area was purchased on January 20, 1995. Prior to City ownership of the
Arapaho Bend Natural Area, Kehn operated a sand and gravel mine on a portion of the property
under a permit issued by the Colorado Division of Reclamation, Mining and Safety (CDRMS).
Mining was completed prior to the City's purchase; however reclamation of the mined area is not
complete as required by the CDRMS. Approval of a revocable permit for up to five years gives
Kehn access to 6.183 acres of the property to complete the required reclamation activities, which
includes the backfilling of approximately one-half acre of gravel pond and revegetation of the site.
BACKGROUND
In 2003, City Council adopted Resolution 2003-020 authorizing a two year lease to Kehn of 6.183
acres located within Arapaho Bend Natural Area containing mining permit M1977-552. Under the
lease, Kehn was to complete mining reclamation activities required by CDRMS including
backfilling 3.14 acres of Pond No. 4 two feet above the groundwater table. In 2005, CDRMS
inspected the site and found 2.6 acres of the required 3.14 acres of Pond No. 4 were backfilled.
Additionally, CDRMS requires vegetation be established on areas disturbed by mining activities,
a requirement not achieved to date.
January 20, 2009 -2- Item No. 15
In October 2008,the City conveyed Arapaho Bend Natural Area to the Fort Collins Capital Leasing
Corporation (FCCLC), which then leased the property back to the City for continued use and
management as a City Natural Area. The FCCLC's lease with the City authorizes the City to
sublease portions of Arapaho Bend Natural Area for purposes of completing reclamation activities
under mining permit M1977-552.
Kelm recently requested permission to re-enter Arapaho Bend Natural Area to complete the
backfilling requirement of an additional 0.54 acres and the reclamation requirements. The revocable
permit will allow Kehn access to 6.183 acres for activities related to the reclamation required by
CDRMS. The proposed terms of the permit outline the scope of work and timeline for completion.
Requirements will include that all backfilling activities are completed and pass a site inspection by
CDRMS within 6 months. If Kehn successfully completes the reclamation work within 6 months,
the City would,if necessary,enter into a separate revocable permit agreement to allow Kehn to enter
the property for up to 4 years to reseed the site and to conduct maintenance activities as needed to
control weeds and ensure successful vegetation establishment. Kehn has agreed to provide in-kind
services in lieu of the$250 per month use fee.The in-kind services will involve earthmoving to aide
in the restoration of other areas on Arapaho Bend NA,that resource management staff has identified
for restoration.
ATTACHMENTS
1. Map of Arapaho Bend Natural Area.
Attachment 1 Page 2 of 2
Arapaho Bend Natural Area - Kehn Permit to Enter
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RESOLUTION 2009-004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A REVOCABLE PERMIT TO DON KEHN CONSTRUCTION, INC.
FOR THE COMPLETION OF MINING RECLAMATION ACTIVITIES
ON ARAPAHO BEND NATURAL AREA
WHEREAS, in January 1995, the City purchased property located in Larimer County,
Colorado known as Arapaho Bend Natural Area(the "Natural Area"); and
WHEREAS, prior to the City's ownership of the Natural Area, Don Kehn Construction,
Inc. ("Kehn") operated a sand and gravel mine on the property under a permit issued by the
Colorado Division of Reclamation, Mining and Safety (CDRMS), and Kehn had not completed
reclamation of the mined area when the City purchased the property; and
WHEREAS, in 2002, Kehn asked the City for permission to go onto the Natural Area
property to complete the reclamation work so that Kehn could obtain final closure and release of
its permit from CDRMS; and
WHEREAS, on February 18, 2003, the City Council passed Resolution 2003-020
authorizing a two-year lease to Kehn of a portion of the Natural Area for purposes of completing
the reclamation work; and
WHEREAS, as of 2008, a portion of the reclamation work was still not completed; and
WHEREAS, in October 2008, the City conveyed the Natural Area to the Fort Collins
Capital Leasing Corporation (FCCLC), which in turn leased the Natural Area back to the City for
its continued use and management as a City natural area; and
WHEREAS, the City's lease with FCCLC authorizes the City to sublease portions of the
Natural Area as needed to allow the reclamation work associated with Kehn's mining permit to
be completed; and
WHEREAS, Kehn recently requested permission to re-enter the Natural Area to complete
the remaining reclamation work; and
WHEREAS, the remaining work should take only a few months to complete, so City staff
has recommended that Kehn be granted a revocable permit that will expire in six months; and
WHEREAS, Kehn has agreed to provide in-kind earth moving services to the City in lieu
of a$250 per month fee for the revocable permit; and
WHEREAS, if Kehn successfully completes its work on the Natural Area in six months,
staff further recommends that Kehn be granted a separate revocable permit for up to four years to
reseed the site and conduct occasional maintenance activities to the extent required by CDRMS;
and
WHEREAS, Article XI, Section 10 of the Charter of the City of Fort Collins authorizes
the City Council to permit the use or occupation of any street, alley, or public place, provided
that such permit shall be revocable by the City Council at its pleasure, whether or not such right
to revoke is expressly reserved in such permit.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Manager is hereby authorized to execute such documents as are
necessary to grant the revocable permits to Don Kehn Construction, Inc. as described herein,
together with such additional terms and conditions as the City Manager, in consultation with the
City Attorney, deems necessary or appropriate to protect the interests of the City or to effectuate
the purposes of this Resolution, including any necessary corrections to the legal descriptions
thereof that do not result in a material increase or change in character of the intended permits.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
20th day of January A.D. 2009.
Mayor
ATTEST:
City Clerk