HomeMy WebLinkAbout2009-033-04/21/2009-AUTHORIZING REVOCABLE PERMITS TO ERO RESOURCES CORPORATION FOR THE INSTALLATION OF GROUNDWATER MONIT RESOLUTION 2009-033
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING REVOCABLE PERMITS TO ERO RESOURCES CORPORATION FOR
THE INSTALLATION OF GROUNDWATER MONITORING WELLS ON CITY PROPERTY
FOR USE IN EVALUATING THE ENVIRONMENTAL IMPACTS OF THE NORTHERN
INTEGRATED SUPPLY PROJECT AND THE HALLIGAN-SEAMAN WATER
MANAGEMENT PROJECT
WHEREAS, the City is the owner of certain parcels of real property (the "Properties")
located in Larimer County, Colorado, as identified on Exhibit "A", attached hereto and
incorporated herein by this reference; and
WHEREAS, ERO Resources Corporation ("ERO") is conducting a series of groundwater
monitoring investigations as part of the Northern Integrated Supply Project ("NISP") and the
Halligan-Seaman Water Management Project ("HSWMP"); and
WHEREAS, ERO has requested revocable permits to enter onto the Properties for the
purpose of installing monitoring wells and conducting periodic groundwater testing as part of the
environmental impact statement for the NISP and HSWMP Projects (the "Revocable Permits");
and
WHEREAS, ERO has indicated that during the installation and utilization of the
monitoring wells, they will use a technology and methodology that minimally impacts the
environment and detracts very little from the park or natural areas setting or function; and
WHEREAS, City staff has reviewed ERO's request, and believes that the proposed
monitoring wells and periodic groundwater monitoring will not interfere with or adversely affect
the Properties, based on current expectations; and
WHEREAS, as a condition of the Revocable Permits, ERO will be required to repair any
damage to the Properties outside of the monitoring well location as indicated on Exhibit "A";
and
WHEREAS, Article XI, Section 10, of the Charter of the City of Fort Collins authorizes
the Council to permit the use or occupation of any street, alley, or public place, provided that
such permit shall be revocable by the 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 Mayor is hereby authorized to execute such documents as are
necessary to grant the Revocable Permits to ERO Resources Corporation, consistent with the
terms of this Resolution, 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 changes to the
description of the permit areas, as long as such changes do not materially increase the size or
change the character of the permit areas.
Passed and adopted at a regular meeting of the Co l of the City of Fort Co lins this
21st day of April A.D. 2009. L�
Mayor '
ATTEST:
'City Clerk
Exhibit"A"
Location#1:
Portions of parcel numbers 97024-20-915,97024-31-903,97024-28-901,97024-27-901,and 97024-
29-901, collectively known as Lee Martinez Park and McMurray Natural Area.
Location#2:
Portion of parcel number 87272-00-926 also known as Archery Range Natural Area.