2015-04-06_ENFORCEMENT - M1987049

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AGREEMENT TO FACILITATE THE DEVELOPMENT OF A WATER STORAGE FACILITY IN CELL #1 AT BROMLEY LAKES, n/k/a MITCHELL LAKES This Agreement to Facilitate the Development of Water Storage Facility in Cell #1 (hereinafter "Agreement ") is entered this &'N` day of A ri I 2005, by and between the CITY OF BRIGHTON, COLORADO, a municipal corporation (hereinafter "CITY ") and READY MIXED CONCRETE COMPANY, a Colorado corporation (hereinafter "RMCC "). The CITY and RMCC may be jointly referred to hereinafter as the "parties," RECITALS WHEREAS the parties entered a Memorandum of Understanding Addressing Certain Issues Related to Water Storage and Bromley Lakes, effective March 16, 1999 (hereinafter "1999 MOU "), the terms of which are incorporated herein by this reference, as well as various other agreements that relate to the mining, reclamation and development of certain water storage facilities on the Bromley Lakes Property, n/k/a Mitchell Lakes, which property is owned by the CITY and more specifically described in Exhibit A hereto; WHEREAS RMCC is authorized to mine sand and gravel from three distinct mine cells on the Bromley Lakes Property (Cell #'s 1, 2 and 3) pursuant to Permit No. M -87 -049 issued initially by the Colorado Mined Land Reclamation Board (hereinafter "MLRB") on September 27, 1987, as amended on October 18, 1995, ( "MLRB Permit "), and is required to properly reclaim the Bromley Lakes Property pursuant to the Reclamation Plan approved by the MLRB as a condition of the MLRB Permit. WHEREAS the Reclamation Plan for the Bromley Lakes Property approved as a condition of the MLRB Permit authorizes a post- mining land use of wildlife habitat and groundwater -fed lakes and requires the construction by RMCC of certain flood control structures, in addition to certain other reclamation efforts; WHEREAS although the Reclamation Plan in the MLRB permit does not specifically authorize the installation of a slurry wall or a post - mining land use comprising lined water storage, the MLRB Permit anticipated the possible water storage use and slurry wall installation upon future amendment of the Permit; WHEREAS lined water storage is the City's preferred post - mining land use for Cell # 1 and the installation of a slurry wall is required to establish a lined water storage facility in Cell # 1; WHEREAS Stipulation No. 1 to the MLRB Permit provides that RMCC "will comply with the . UDFCD requirements pertaining to the South Platte River setback criteria and associated floodplain management procedures" and it further provides that RMCC "will also comply with any requirements pertaining to the relocation and or accommodation of flow from Third Creek'; WHEREAS, included in the "associated floodplain management procedures" are certain flood, control structures, to wit: "side channel depressions" and "depressions in dike "; WHEREAS the UDFCD requirements pertaining to the South Platte River setback criteria and associated floodplain management procedures are set forth in that certain document known as "Technical Review Guidelines for Gravel Mining Activities Within or Adjacent to 100 year Floodplains, " (December 1987) prepared by UDFCD in cooperation with Adams County and the Colorado Rock Products Association (hereinafter " UDFCD Guidelines ");