ENFORCE35499 - Laserfiche WebLink

Home Browse Search

the ~YILRB permit until mining and reclamation cn the Erger~s Pond Property immediately north of Cell- I is completed under MLRB Permit No. M-98-U36 and RMCC is granted a release by MLRB of the MLRB permits for both the Bromley Lakes Property and Erger's Pond (i.e., MLRB Permit Nos. M-37- 049 and M-98-036, respecnvely). _. -'1VICC ;hall continue to augment the evaporative loss of eroundwater from Cell # 1 until the date that RMCC-has pumped the water currently stored in Cell # 1 out of that structure as part of the initial liner test that will be required by the Coiorado State Engineer (Colorado Division of Water Resources) as descrioed in the State Engineers Guidelines for Lining Criteria for Gravel Pits (August 1999) (provided. however, that the CITY shall initiate the liner test within 30 days following the completion of slurry wall by its contractor(s)) and until the Colorado State Engineer expressly releases RMCC from its augmentation obligation for Cell #l. Any such release by the State Engineer shall not affect RMCC's continuing obligation to augment for the evaporative loss of groundwater from Cell # 2 and Cell # 3 on the Bromley Lakes Property. 3. The Reclamation Plan approved as a condition of the MLRB Permit requires RMCC to install that certain "side channel depression" on the northwest side of Cell # 1. See Exhibit C for the sole purpose of ascertaining the intended location of the "side channel depression" in Cell #1. RMCC shall install the side channel depression provided, however, that prior thereto RMCC, the CITY and UDFCD shall consult one another to determine the design and cost of the side channel depression consistent with the UDFCD Guidelines. While the primary purpose of the consultafion will be to establish the design of the side channel depression required in Cell # 1, RMCC, the CITY and UDFCD may also evaluate the comprehensive integration of various flood control structures on the Bromley Lakes Property in light of the CITY's water storage facility post-mining land use, assess whether the flood control structures set forth in the approved Reclamation Plan accomplish the flood control objectives in the most efficient and cost effective manner and devise an equitable allocation of costs between the CTTY, RMCC, and UDFCD, if any, for possible changes to the flood control structures that may be required to accommodate the construction and operation of the water storage facilities in Cell # 1, Cell # 2 and Cell # 3 on the Bromley Lakes Property. a. The parties shall conclude the consultation contemplated herein within forty-five (45) days of the effective date of this Agreement. In the event the parties disagree as to the final design of the side channel depression, the parties will abide by UDFCD's determination as to such design and RMCC shall construct the "side channel depression" in Cell #1 consistent with the UDFCD design criteria. b. Upon conclusion of the consultation, the parties shall together determine a schedule for the installation of the "side channel depression," which RMCC shall construct. The schedule shall address whether RMCC should install the ``side channel depression" prior to or after the Colorado State Engineer (Colorado Division of~t~rResotrrces) approves or otherwise certifies the slurry wall as specified in State Engineers Guidelines for Lining Criteria for Gravel Pits (August 1999). The parties agree that in no case will the "side channel depression" be installed by RMCC prior to the CITY's installation of the slurry wall. c. The CITY shall permit RMCC access to Cell # 1 for any reasonable and necessary purpose related to the installation of dte ''side channel depression." d. In the event that h'IvICC properly installs the "side channel depression` to Ceil =~ m conformance with any technicai specifications therefor to which the CITY. RMCC and UDFCD agree, as derived from the UDFCD Guidelines. or pursuant to the UDFCD