2015-04-06_ENFORCEMENT - M1987049

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MLRB Permit No. M- 1987 -049 Cell #1, Bromley Lakes, Brighton, Colorado April 6, 2005 Page 2 certain Application for Approval of same, in Division 1 of the Water Court. In addition, the City is in the process of developing a Parks & Recreation Master Plan for the area, in part funded by Great Outdoors Colorado ( "GOCO ") that includes open space, parks, trails and other improvements and amenities associated with the Site. In this fashion, the City intends to create a lined water storage facility at the Site, surrounded by open space, parks and trails, including parks and trails along the South Platte River corridor adjacent to the Site. As a result of the March hearing' discussions, the MLRB granted the Operator's acreage reduction request, subject to certain material conditions. In particular, the MLRB requested that the City first provide to the MLRB reliable written assurances that reclamation at the Site would be diligently pursued and properly completed by the City and the Operator; that the City must release and discharge the State of Colorado from any further reclamation obligation at the Site; and that the City and Operator must finalize and execute the written agreement regarding the Parties' respective reclamation obligations, and adopt in that agreement the reclamation standards of the Permit. Toward that end, enclosed please find copies of the -following documents and instruments, in re§ponse to the MLRB's various requests and stated conditions: • Agreement to Facilitate Water Storage in Cell #1 at Bromley Lakes, dated April 5, 2005 (the "Agreement"); • Annexation Ordinance dated April 7, 1987, annexing the Site to the City; • Annexation Agreement dated June 30, 1987, regarding same; • Memorandum dated March 21, 2005, issued by William H. Brown, Esq.; • Findings, Conclusions, Ruling, and Decree of the Water Court dated October 3, 2000;, • Application for Approval of Change of Water Rights and Plan for Augmentation; • First Amendment to Water Court Application; • Correspondence from GOCO dated March 18, 2005 and March 21, 2005, regarding GOCO grant for park improvements associated with the Site; and • City of Brighton Agreement Documents for Slurry Wall Construction at the Site. Pursuant to the Agreement between the City and the Operator, the City shall re -grade and re- vegetate affected areas of Cell #1, after construction of the slurry wall around Cell #1 is completed. All such grading and re- vegetation shall be in accordance with the Permit standards. Also pursuant to the Agreement, and also after construction of the slurry wall, the Operator shall construct certain flood control structures required by the Permit, in accordance with the Permit standards and the requirements of the Urban Drainage and Flood Control District, which has jurisdiction over such flood control structures. The City is undertaking such re- grading and re- vegetation obligations based'in part upon the representations of the Operator that, except for the re- grading and re- vegetation requirements