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Home My WebLink AboutSIDEHILL FILING TWO - Filed OA-OTHER AGREEMENTS - 2006-11-29AGREEMENT C4f�� THIS AGREEMENT is made and entered into this �dsy of .fate, 2004, by and between, POSTLE DEVELOPMENT COMPANY, hereinafter referred to s "Applicant"; and'HE BOX ELDER DITCH COMPANY, a Colorado nfUtual irrigation company, hereinafter referred to as "Ditch Company". Applicant has requested the right to discharge the collected ground water into the Box Eider Ditch and an underground collection system has been designed and constructed in the Sldshill residential development owned by Applicant, This underground collection system will be expanded with the engineering design of the remainder of the Sidehill development, A prior temporary approval has been given, but Applicant is seeking a permanent approval discharge solution, Applicant therefore request approval to discharge the collected ground water into the Box Elder Ditch on a permanent basis. The following is a description of the project, the operation parameters and proposal to design the collection system discharge. The Sidehill development is a 218-acre residential mix use subdivision proposed to contain mostly single family and multi family units. The subdivision is designed to allow the construction of homes with basements. Integral to the foundation design is the installation of an underground collection system (sub drain) to protect the home from the infiltration of ground water into the basements. The subdrain system is designed to collect drainage from all single family home foundations into a collector system, which ultimately discharges near the southeasterly corner of the Sidehill development next to the Box Elder ditch as shown on the attached exhibit. Per the Analysis of a Ground Water Sub drain for The SidehillOevelopment report completed by Anderson consulting Engineers dated February 25, 2003, it has been estimated that expected flows discharging from the sub drain can reach 537 gallons per minute (1.2 cfs). J-R Engineering will install a redundant pump system to be located on the end of the collections system that would pump collected ground water into the Box Elder Ditch in a similar location to the current temporary discharge point, Adequate slope stabilization will be designed and constructed with the construction of the pumping system. The Sidehill Homeowners Association will maintain the underground collection system and pumping facilities. The system will be designed for automatic operation and will have a standard lighted alarm system to identify operating or failure mode, An overflow will be designed to allow ground water to surface flow onto the Box Elder Ditch in case of pump failure. Permission to discharge the said ground water is granted subject to strict compliance with the plans. Applicant agrees that the present condition of the Ditch must be maintained and any erosion prevented. If there is any appreciable erosion to the ditch owners, dewatering must be terminated until the problem is corrected to the reasonable satisfaction of the Ditch Superintendent, Leslie Thompson. The Ditch Superintendent shall be paid an hourly rate of $50.00 for his time reasonably spent in the monitoring of this dewatering activity. A fee of $5,000 payable in advance must be made to the Ditch Company. Reasonable attorneys' fees incurred by the Ditch Company will also be paid by Applicant, including any fees incurred as a result of any violation of the terms hereof. Facsimile signatures as signed to be as binding as actual signatures, THIS AGREEMENT shall extend to and be binding upon the heirs, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove written. ATTEST: in r E. Fischer, Secretary Title STATE OF COLORADO ) COUNTY OFF Y j as, POSTLE DEVEL¢P)UENT COMPANY G, POSTLE, PRESIDENT THE BOX ELDER DITCH COMPANY, a Colorado mutual irrigation company By: Don Kohn, President 4�*qu The above and foregoing Agreement was acknowledged before me this day of y, 2004, by James G. Pestle, as President, and attested to by , as of Postle Development Company. WITNESS my hand and official seal. MY commission explres; Notary Public 2 STATE OF COLORADO I ss, COUNTY OF LARIMER ) [" Z'za G� The above and foregoing Agreement was acknowledged before me this day of 2004, by Don Kahn, as President, and attested to by Gene E. Fischer, as Secretary of The Box Elder Ditch Company, a Colorado mutual irrigation company. WITNESS my hand and official seal, MY..commisslon expires: l,J m O G Notary Public /J 3 ` ANdERSON CONSULTING ENGINEERS, INC. Civil • Water Resources • Environmental September 12, 2005 Colorado Division of Water Resources Department of Natural Resources 1313 Sherman St., Room 818 Denver, CO 80203 RE: Dewatering Well Permit Application — Sidehill Development (ACE Project No. COPDC01) Dear Sir/Madam: Please find enclosed a water well permit application (Form GWS-45) for the Sidehill Development in Fort Collins, Colorado. As part of this proposed housing development, a groundwater dewatering system will be installed throughout the development, with the aim of lowering the ground water table to a level below that of the proposed basements. This dewatering system will discharge the collected groundwater into the adjacent Boxelder Ditch, which will convey the groundwater flows directly to the Cache la Poudre River. Also included with the water well application, is (a) a map showing the location of the Sidehill development and the proposed discharge location of the dewatering system, (b) a brief explanation of the operating characteristics of the system, (c) a copy of the agreement between the Boxelder Ditch Company and the Sidehill development company, and (d) pertinent excerpts from the design report for the dewatering system. If you have any questions or comments concerning the enclosed materials, please do not hesitate to contact me. Sinc A ER ONS G EI j�INEERS, INC. ark K. Kempton, P.E. Project Engineer II MKK/tlw Enclosures Cc: Steve Cicione, Pestle Development Company Don Baclunan, City of Fort Collins Engineering Department Michael Brake, JR Engineering, Inc. T. IOPEMCopdc01-side1nJ1 onderdrninifflell Permil Letrer.doc 9/R/2005 / /2 Whalers Way, Suite 200 • Fort Collins, CO. 80525 Phone: (970) 226-0120 • Fax: (970) 226-0121 • www.acewater.com ^�a.,urca,oa I Office Use Only DEPARTMENT OF NATURAL RESOURCES Form GWS-45 (02/2005) 1313 SHERMAN ST., RM 818, DENVER, CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 GENERAL PURPOSE Water Well Permit Application Review Instructions on reverse side prior to completing form. The form must be completed in black or blue lnk or typed. txrei b � :L — J.�, b 2. Type Of Application (ch Construct new well ❑ Replace existing well ❑ Change source (aquifer) ❑ Other: 3. Refer To (if applicable) Neu par-ti N/A leslgnated eosin Delerminatlan N Aq t. Location Of Proposed Vi ,aunty Ori mPn^ eglon j l ow unh N orS �n�% d❑ IstanCe Ll WB ham 6BLhOn lnas (6eCflon IOeS 'y� O Ft. from ❑ N IDS x replacement walls onq-dlaranw and duet AI /n feet ❑ Use existing well ❑ Change or increase use ❑ Reapplication (expired permit) 1/4 ofthe _ 5� 1/4 E or rWf I Principal Mandan Ope y llnee) /V � Y) Ft. from YE ❑ W Opdonel: GPS well location information in UTM format You must check GPS unit for required settings as follows: 6. Use Of Well (check applicable boxes) Attach a detailed description of uses applied for. ❑ Industrial Lr1 Oth--Cerr (describe): ❑Municipal "Pe-N/Cerrin4 O/� greo 11O F"Vi ❑ Irrigation basemen& Ih new �1ot,tsPs ❑ Commercial 1 s37 9pm I bb( acre-feet and_On Which Ground Water Will_Be Used Le gal Description (may be provmed as on aba enll N/A - Graltwtd wade.- t o be cLi-s /4 ed 1✓tUo Ovi evi;1 i nB ckbc�•l a>. 00"V +ed to fi,e Cottle Zo 11026 Rive,• (If usetl for crop irrigation, attach a scaled man that 6hnwq imi—,e. e.e_ % #Acres I I B. Owner List any other wells or water rights used on this IenB direction 10. Signature Of Appltcant(s) Or Authorized Agent The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 244-104 (13)(a). I have read the statements herein, know the contents ❑ Zone 12 or i] Zone 13 Easting Pnnl name a do. Urns must be Molars Datum must be NAD83 Northing Unt must be set to true nLM Office Use Only Was in uh1 checkadforebove? ❑ YES Remember to set Datum to NAD83 USGS map name S. Parcel On Which Well Will Be Located A. Legal Description in prow d es an sbaglmetlt): Receipt area A Eroc( oF'n�rin �ill,rn .%lte Nli,sw an/d� SL�4E' I-Aii O Se or 20 , 11T �i N, R 68.W OP 6$1 e 6�" �riN ci PO.l4 meri ryr0aa, (.f l.'y l'7f For Ullins , Coun pF LorimA,- ,5/hke GOlorodo, WE B. V of aces in parcel C. Owner / WR L.1 I ,�,ac twee D. Wll this be Ne onty well an mia petrel?LKYES VES LINO Qf no-hst oNe ells) TOPO E. Stem PparcellDk to(optional):(optional):MYLAR Se5 DIV_ WD_ SA MD COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES GWS-45 GENINST (02/2005) GENERAL PURPOSE WELL PERMIT APPLICATION INSTRUCTIONS Applications must be typewritten or printed in BLACK or BLUE INK. ALL ITEMS In the application must be completed. Incomplete applications may be returned to the applicant for more information. Applications are evaluated in chronological order. Please allow approximately six weeks for processing. This form may be reproduced by photocopying or computer generation. Reproductions must retain margins and print quality of the original form. FEES: This application must be submitted with a $480 filing fee. (An exception is a $240 fee for an application to replace or deepen an existing permitted well, if completed in the same aquifer.) Acceptable forms of payment are check or money order, payable to the Colorado Division of Water Resources, and Visa or MasterCard (card number and expiration date must be provided on a separate attachment). Fees are nonrefundable. USES: This form (GWS-45) is to be used to apply for commercial, Industrial, municipal, Irrigation, feed lot, geothermal, recovery wells, and other uses not otherwise noted In the following list: RESIDENTIAL use wells — Use of form GWS-44 is required LIVESTOCK watering on a farm, ranch, range or pasture (not feedlots) — Use form GWS-44 MONITORING/OBSERVATION wells — Use form GWS-46 GRAVEL PITS — Use form GWS-27 REGISTRATION of an existing well — Use form GWS-12 (must have been in use prior to May 8, 1972) GEOEXCHANGE SYSTEM LOOP FIELDS — Use form GWS-72 ITEM INSTRUCTIONS: (numbers correspond with those on the front of this form) 1. The applicant is the entity for whom the permit is to be issued. Provide the applicant name and the mailing address where all correspondence will be sent. 2. Check all boxes that apply. 3. Complete all boxes that apply. If the permit is to be issued pursuant to a water court decree or a Designated Basin determination of water right, the case number or determination number must be indicated. If applying to replace or change the use of an existing well, the permit number of the existing well must be indicated. 4. The county, % of the % section designation, section #, township, range, principal meridian, and distances from section lines for the proposed well must be provided. (An option to providing distances from section lines and the Y4 of the % section designation is to provide an accurate GPS location in UTM format. The required GPS unit settings must be as indicated on this form.) Colorado contains two (2) UTM zones. "Zone 13 covers most of Colorado. The boundary between Zone 12 and Zone 13 is the 108"' Meridian (longitude). West of the 108 Meridian is UTM Zane 12 and east of the 108'h Meridian is UTM Zone 13. The 108" Meridian is approximately 57 miles east of the Colorado -Utah state tine. On most GPS units, the UTM zone is given as part of the Easting measurement, e.g. 12T0123456. Check the appropriate box for the zone. 5. Complete all boxes and provide a complete legal description of the parcel of land on which the well will be located. 6. Check all boxes that apply and attach a detailed description of the uses applied for. 7. Complete all boxes. 8. Complete all boxes and provide a legal description of the land areas on which ground water from the proposed well will be used. If agricultural irrigation is a proposed use, provide a map of the land area with Proposedirrigated areas accurately drawn, including section numbers and section lines. A list of all other wells or water rights used on the described land must be provided. 9. The well must be constructed by a Colorado licensed well driller, an authorized individual in accordance with the Water Well Construction Rules, 2 CCR 402-2, or under the 'private driller' provision as defined in CRS 37-91-102(12). 10. An ORIGINAL signature must be on the application. The individual signing the application must be the applicant or an officer of the corporation/company/agency identified as the applicant. An authorized agent may sign the application, if a letter signed by the applicant is submitted with the application authorizing that agent to sign on the applicant's behalf. IF YOU HAVE ANY QUESTIONS regarding any Item on the application form, please call the Division of Water Resources Ground Water Information Desk (303-866-3587), or the nearest Division of Water Resources Field Office located in Greeley (970-352-8712), Pueblo (719- 542-3368), Alamosa (719-589-6683), Montrose (970-249-6622), Glenwood Springs (970-945-5665), Steamboat Springs (970-879-0272), or Durango (970-247-1845), or refer to our web site at hftp://www.water.state co.us for general information, additional forms, and access to state rules or statutes. Explanation of the Sidehill Underdrain System The Sidehill housing development is located at the northeast corner of Drake Road and Timberline Road in the City of Fort Collins, CO. Due to the shallow groundwater table within the boundaries of the development, and the Developer's wish to install basements in a large majority of the proposed houses within the development, an underdrain system is proposed to permanently lower the water table within the development. This underdrain system will consist of 8- and 10-inch slotted PVC pipe in conjunction with slotted drain pipes around the foundation of each proposed building. These 8- and 10-inch pipes will convey the collected groundwater to a 12-inch solid PVC collection pipe that will flow to a concrete manhole adjacent to the Boxelder Ditch, in the southeast comer of the development. Groundwater flows will bubble upward in the concrete manhole whereupon they will discharge in to the Boxelder Ditch above the normal operating water level of the ditch. The underdrain system has been designed to convey a maximum discharge of 537 gpm. This discharge was obtained from the report "Analysis of a Groundwater Subdrain for the Sidehill Development" by Anderson Consulting Engineers, Inc., February 25, 2003. This report analyzed the subdrain system using the assumptions of steady state boundary conditions within the aquifer, and therefore determined the maximum peak discharge within the system. The report did not consider variable boundary conditions i.e. lowering of the water table by the underdrain system over a period of time, and therefore a long term discharge was not calculated for the system. It is however anticipated that after a period of time, the groundwater levels within the development will be drawn down to the level of the underdrain, and that the constant discharge from the system will be significantly less than the peak discharge of 537 gpm. A copy of the text portion of this report is attached. Once this groundwater is discharged into the Boxelder Ditch, the flows will be conveyed to the Cache la Poudre River, approximately 3 to 4 miles to the southeast. The Developer has an agreement with the Boxelder Ditch Company to discharge the groundwater flows into the ditch, a copy of which is attached. The intent of this agreement is for the groundwater flows to be conveyed directly to the Cache la Poudre River, without being diverted by the 8 to 10 users located downstream of the discharge location on the Boxelder Ditch. 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