Laserfiche WebLink
Ruling and Decree <br /> Case No.2009CW271 <br /> City of Longmont <br /> Raymond L. Petros,Jr. <br /> David S. Hayes <br /> Petros&White, LLC <br /> 1999 Broadway, Suite 3200 <br /> Denver, Colorado 80202 <br /> (303) 825-1980 <br /> dhayes@petros-white.com <br /> 3. Statements of opposition. Statements of opposition were filed in this case by the <br /> St. Vrain&Left Hand Water Conservancy District,Farmers Reservoir&Irrigation Company, <br /> United Water& Sanitation District, Colorado Parks and Wildlife, formerly known as the <br /> Colorado Division of Parks&Outdoor Recreation ("CPW"), Katherine H. Oliver, and JCK <br /> Gravel, Inc. The time for filing additional statements of opposition has expired. <br /> 4. Jurisdiction. All persons affected by the Application, whether appearing or not, <br /> are parties hereto and are bound by this Ruling and Decree, all notices required by law having <br /> been given and the court having jurisdiction over the subject matter of this proceeding. See §§ <br /> 37-92-203, 37-92-302,C.R.S. <br /> 5. Overview. Longmont adjudicates herein a post-mining augmentation plan for <br /> several parcels collectively known as the Saint Vrain Integrated Reclamation Plan Project(the <br /> "Project"or"Project Property"). Portions of the Project Property have been mined and, at the <br /> time of entry of this Ruling and Decree,portions are still being mined for construction aggregates <br /> by Aggregate Industries—WCR, Inc. ("Al"),pursuant to Permit#M-1989-029 issued by the <br /> Colorado Division of Reclamation,Mining& Safety(a/k/a the "Distel Permit"). A vicinity map <br /> attached as Exhibit A shows the boundary area for the Distel Permit("Mine Permit Area"). The <br /> Project Property previously consisted of several individual parcels that are now owned(with the <br /> exception of two small homestead parcels)by Longmont,jointly owned by Longmont and <br /> Boulder County, and/or under option to Longmont. <br /> Longmont and AI entered into a Second Amended and Restated Mineral Lease(the <br /> "Mineral Lease Agreement") on December 22,2009, confirming and clarifying certain <br /> responsibilities of the parties with respect to the Project. In accordance with the Mineral Lease <br /> Agreement,the Mine Permit Area is being reclaimed by AI as an open space greenway for the <br /> City, consisting of ponds, streams,wetlands and natural vegetation. Certain of these features will <br /> result in new depletions to the St. Vrain Creek and South Platte River. Longmont is responsible <br /> under the Mineral Lease Agreement for adjudicating and operating the permanent water supplies <br /> associated with the post-mining reclamation of the Mine Permit Area. <br /> This Ruling and Decree adjudicates a plan for augmentation to replace out-of-priority <br /> depletions associated with the Mine Permit Area upon completion of mining. Such out-of- <br /> 2 <br />