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HomeMy WebLinkAbout20-119 Rural Ditch Company Agmt 12-09-2020RESOLUTION NO. 20-119 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND THE RURAL DITCH COMPANY FOR CONSTRUCTION OF A TURN -OUT STRUCTURE ON RURAL DITCH AND CONSTRUCTION OF AN INTERIM DRAINAGE STRUCTURE TO DIRECT TRI-TOWN DRAINAGE BACK TO ST. VRAIN CREEK THROUGH THE RURAL DITCH WHEREAS, the Town of Firestone ("Town") is a shareholder in the Rural Ditch Company "Rural")* and WHEREAS, the parties are subject to an Operating Agreement which sets forth terms and conditions upon the Town's water diversions into and delivery through the Rural Ditch; and WHEREAS, the Town desires and Rural consents to the Town's construction of a turn -out structure, which will allow the Town to divert water from Rural Ditch into the Last Chance Ditch, and WHEREAS, as a condition of the above titled agreement the Town shall construct an interim drainage structure that will direct drainage from the towns of Firestone, Frederick and Dacono ("Tri-Town") through the Rural Ditch back to St. Vrain Creek; and WHEREAS, the Town shall construct the turn out and interim drainage structures in accordance with plans and specifications approved by Rural. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement between the Town of Firestone and the Rural Ditch Company for Construction of a turn -out structure on the Rural Ditch and construction of an interim drainage structure to direct Tri-Town drainage back to St. Vrain Creek through the Rural Ditch is approved in substantially the same form as the copy attached hereto and made a part of this resolution, subject to final approval by the Town's Public Works Director of non -substantive amendments recommended by the Town's water resource consultant, and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED thisLday of 2020. ATTEST: TOWN OF FIRESTONE, COLORADO obbi Si delar, Mayor APPROVED AS TO FORM: RURAL -FIRESTONE AGREEMENT FOR CONSTRUCTION OF A TURN -OUT STRUCTURE ON THE RURAL DITCH AND ALSO FOR CONSTRUCTION OF AN INTERIM STRUCTURE BY WHICH TO DIRECT TRI TOWN DRAINAGE WATER BACK TO ST. VRAIN CREEK THROUGH THE RURAL DITCH This RURAL -FIRESTONE AGREEMENT FOR CONSTRUCTION OF A TURN -OUT STRUCTURE ON THE RURAL DITCH AND ALSO FOR CONSTRUCTION OF AN INTERIM STRUCTURE BY WHICH TO DIRECT TRI-TOWN DRAINAGE WATER BACK TO ST. VRAIN CREEK THROUGH THE RURAL DITCH ("Agreement") is made and entered into this ftday ofDF.C} 0140by and between the Rural Ditch Company, a Colorado mutual ditch company ("Rural" or "Ditch Company") and the Town of Firestone, a Colorado municipal corporation ("Firestone"). Rural and Firestone are jointly referred to herein as the Parties. RECITALS A. Rural owns, operates and maintains the Rural Ditch ("Ditch") and its appurtenant operation and maintenance easement ("Ditch Easement") located in Weld County, Colorado; B. Pursuant to Section 7.1 of its Amended and Restated Bylaws, Rural must approve construction and installation of a new turn -out structure; C. Firestone owns 2.41 shares of the capital stock of Rural ("Firestone Shares"), and has an option to acquire 1.9 shares of the capital stock of Rural from L.G. Everist ("L.G. Everist Shares"), each of the Firestone Shares and the L.G. Everist Shares are subject of a pending water court application in Water Division No. 1 under Case No. 19CW3236; D. Rural and Firestone are parties to an Operating Agreement dated that details certain operating conditions placed upon Firestone's water diversions into and deliveries through the Ditch ("Operating Agreement"); E. Firestone owns 5 cfs of excess capacity in the Ditch by assignment of an Agreement dated March 291 2005, from L.G. Everist on December 207 20181 which allows the Town to divert into the Ditch and deliver through the Ditch its appropriated, unappropriated, owned, or leased water ("Firestone Water") pursuant to terms and conditions therein ("Excess Capacity Agreement"); F. Firestone's water supply plan includes utilizing the Excess Capacity Agreement, subject to the Operating Agreement, as necessary, to divert Firestone Water into the Ditch and deliver it to a new turn -out structure to be located on the Ditch in the in the NE 1/4 of the NW 'A of Section 1, Township 2 North, Range 68 West of the 6th P.M., in Weld County, Colorado ("New Structure") as the same in depicted in Exhibit A which is attached hereto and incorporated by reference herein; G. Firestone Water delivered through the New Structure will be delivered from the Ditch into the Last Chance Ditch, which is owned, operated, and maintained by the Last Chance Ditch Company ("Last Chance"), such delivery into the Last Chance Ditch to be subject of a separate agreement between Firestone and Last Chance ("Last Chance Agreement"); H. Firestone desires to obtain Rural's permission to construct and install the New Structure ("Approved Activities for New Structure"); I. Rural will approve the construction and installation of the New Structure, provided it is constructed and installed in accordance with the plans and specifications submitted to the Company and approved by the Company's consulting engineer, and subject to the terms, conditions, and covenants set forth in this Agreement; J. As a material element of this Agreement, Firestone agrees to: (a) to construct and install an interim structure on or before March 19, 2021, subject to plans and specifications submitted to and approved by Rural , to manage the drainage from Firestone, the Town of Frederick, and the Town of Dacono (collectively, the three Towns are referred to herein as the "Tri-Towns" and the drainage therefrom is referred to as the "Tri-Town Drainage") which has historically been delivered to St. Wain Creek via initial discharge into the Last Chance Ditch near the location at which the Ditch crosses the Last Chance Ditch, as such location is depicted in Exhibit B and which will in the short-term, be delivered into the Last Chance Ditch to a structure by which it will be turned out of Last Chance Ditch (such turn -out structure is subject to a separate agreement with the Last Chance Ditch Company) and delivered into the Rural Ditch through which it will be delivered to St. Vrain Creek (the infrastructure through which the Tri-Town Drainage will be delivered into the Rural Ditch is referred to herein as the "Interim Drainage Return Structure"); and (b) not more than ten (10) years from the execution of this Agreement or the Last Chance Agreement, whichever is later, to construct and install a permanent structure, subject to plans and specifications to be submitted to and approved by both Rural and Last Chance, to manage the delivery of the Tri-Town drainage to St. Wain Creek which delivery may or may not be conveyed through a relocated portion of the Ditch ("Permanent Drainage Structure"); K. Firestone desires to obtain Rural's permission to construct, install, and maintain the Interim Drainage Return Structure ("Approved Activities for Interim Drainage Return Structure"); and L. Rural will approve the construction and installation of the Interim Drainage Return Structure, provided it is constructed and installed in accordance with the plans and specifications submitted to the Company and approved by the Company's consulting engineer, and subject to the terms, conditions, and covenants set forth in this Agreement. Accordingly, in consideration of the mutual promises set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. INCORPORATION OF RECITALS. The foregoing recitals are hereby incorporated in, and made a part of the Agreement of the Parties. 2. TERM. This Agreement shall be perpetual unless Firestone abandons the New Structure either as evidenced by written acknowledgement by Firestone delivered to Rural, or if Firestone ceases to use the New Structure for a period of five (5) years. With respect to the Interim Drainage Return Structure, this Agreement is intended to last for ten (10) years or until Firestone constructs and installs the approved Permanent Drainage Structure, whichever is sooner. d�K�] ► i;� � ���1� � L�J ► [�7 � ►1 � 1��'�� � :Z1_118 0110* � l 3.1 Pursuant to the terms of this Agreement, Rural grants Firestone the right to construct and install the New Structure in the location depicted in Exhibit A as such location is legally described in Firestone's plans and specifications, consisting of eight (8) sheets attached hereto as Exhibit C and incorporated by reference herein. Rural's approval of such plans and 2 specifications is evidenced by the approval letter dated October 7, 2020 from Deere & Ault Consultants, Inc. to Rural, attached hereto as Exhibit D and incorporated by reference herein. Rural's review and approval of the plans and specifications for the New Structure is solely for its own benefit and creates no obligation on or to the Ditch Company relating to the Approved Activities for New Structure. 3.2 In constructing and installing the New Structure, Firestone shall ensure that backfilling and compaction of the ground around the installation is maintained according to the approved construction specifications. 3.3 Firestone shall provide sufficient insurance (Comprehensive General Liability or otherwise) to cover any costs incurred by Rural arising out of the Approved Activities for New Structure during construction and installation, and any subsequent replacement or removal of the New Structure. 3.4 In constructing and installing the New Structure, Firestone agrees to do so in such manner as not to damage in any waythe Ditch and its laterals or the embankments thereof and so as not to interfere with the flow of water in the Ditch and in its laterals. Any and all excavations made by Firestone shall be immediately leveled off, and any damage to the Ditch and its laterals, embankments, fences, roads, or other improvements by Firestone shall be promptly repaired by Firestone at its sole cost and to the reasonable satisfaction of Rural. Rural shall exercise its discretionary acts under this Agreement in a reasonable fashion. 3.5 All portions of the Ditch, bottoms, sides, banks, and all affected portions ofthe Ditch Easement WHICH are disturbed by the Approved Activities for New Structure shall be restored by Firestone to their original condition so the flow of the water in the Ditch runs at the original amount and velocity. Any and all fencing and other facilities appurtenant to the Ditch Easement shall be replaced by Firestone in a condition at least equal to the condition of such facilities and appurtenances prior to construction. 3.6 Firestone shall not spill any dirt, debris or other foreign material into the Ditch. In the event that Firestone spills any dirt, debris or other foreign material into the Ditch, Firestone agrees to completely clean the affected portions of the Ditch. 3.7 Firestone agrees that the New Structure shall be constructed and installed in compliance with all applicable local, state and federal laws, rules, orders and regulations. Firestone is responsible, at its own expense, for obtaining all required local, state and federal permits or approvals prior to commencing any Approved Activities for New Structure, 3.8 Firestone agrees that the installation of the New Structure shall proceed expeditiously and with reasonable diligence from the commencement of installation to its completion. Firestone agrees that it shall not commence installation of the New Structure until after the 2020 irrigation season. The New Structure shall be completely installed no later than March 19, 2021. If the New Structure is not completely installed by that date, Firestone shall obtain Rural's written permission to continue the installation on terms and conditions acceptable to Rural in its sole discretion. 3.9 Even though this Agreement contemplates the installation of the New Structure duringthe non - irrigation season -see paragraph 3.8, above -Rural cannot guarantee that the Ditch will be dry at the location of the New Structure and cannot control or quantify the amount of "nuisance" water that may be encountered. Additionally, Rural delivers water rights to 3 numerous reservoirs during the non -irrigation season. As such, Firestone shall be obligated to control and, to the extent necessary, safely bypass all delivered water flows in the Ditch past the construction location. To the extent that Firestone does not include such a bypass plan in the submitted plans and specifications (Exhibit B), it shall provide such a bypass plan to Rural and shall obtain Rural's approval prior to commencing the construction and installation of the New Structure. Firestone will be solely responsible for any damages caused to the Ditch and to affected property owners arising from improperly controlling nuisance water through and past the construction location. 3.10 If Firestone's Approved Activities for New Structure, for any reason, interrupts the water supply of Rural, its shareholders, or persons/entities with which it has water delivery contracts, Firestone shall pay Rural, as liquidated damages, $10,000.00 per day for any day that Rural cannot deliver water to such persons/entities who have a right to the delivery of water, have a need for water, have requested the delivery of water in accordance with theirs rights, and cannot deliver water as a result of the interruption. 4. CONSTRUCTION OF INTERIM DRAINAGE RETURN STRUCTURE. 4.1 Pursuant to the terms of this Agreement, Rural grants Firestone the right to construct and install the Interim Drainage Return Structure, the primary component of which will allow the delivery of Tri-Town Drainage from the Last Chance Ditch into the Rural Ditch at the location depicted in Exhibit B as such location is legally described in Firestone's plans and specifications, consisting of six (6) sheets attached hereto as Exhibit E and incorporated by reference herein. Rural's approval of such plans and specifications is evidenced by the approval letter dated December 9, 2020 from Deere & Ault Consultants, Inc. to Rural, attached hereto as Exhibit F and incorporated by reference herein. Rural's review of the plans and specifications for the Interim Drainage Return Structure is solely for its own benefit and creates no obligation on the Ditch Company. 4.2 In constructing and installing the Interim Drainage Return Structure, Firestone shall ensure that backfilli"a and compaction of the ground around the installation is maintained according to the approved construction specifications. 4.3 Firestone shall provide sufficient insurance (Comprehensive General Liability or otherwise) to cover any costs incurred by Rural arising out of the Approved Activities for Interim Drainage Return Structure during construction and installation, and any subsequent replacement or removal of the Interim Drainage Return Structure. 4.4 In constructing and installing the Interim Drainage Return Structure, Firestone agrees to do so in such manner as not to damage in any way the Ditch and its laterals or the embankments thereof and so as not to interfere with the flow of water in the Ditch and in its laterals. Any and all excavations made by Firestone shall be immediately leveled off, and any damage to the Ditch and its laterals, embankments, fences, roads, or other improvements by Firestone shall be promptly repaired by Firestone at its sole cost and to the reasonable satisfaction of Rural. Rural shall exercise its discretionary acts under this Agreement in a reasonable fashion. 4.5 All portions of the Ditch, bottoms, sides, banks, and all affected portions of the Ditch Easement which are disturbed by the Approved Activities for Interim Drainage Return Structure shall be restored by Firestone to their original condition so the flow of the water in the Ditch runs at the original amount and velocity. Any and all fencing and other facilities appurtenant to the Ditch Easement shall be replaced by Firestone in a condition at least equal to the condition of such facilities and appurtenances prior to construction. 4 4.6 Firestone shall not spill any dirt, debris or other foreign material into the Ditch. In the event that Firestone spills any dirt, debris or other foreign material into the Ditch, Firestone agrees to completely clean the affected portions of the Ditch. 4.7 Firestone agrees that the Interim Drainage Return Structure shall be constructed and installed in compliance with all applicable local, state and federal laws, rules, orders and regulations. Firestone is responsible, at its own expense, for obtaining all required local, state and federal permits or approvals prior to commencing any Approved Activities for Interim Drainage Return Structure. 4.8 Firestone agrees that the installation of the Interim Drainage Return Structure shall proceed expeditiously and with reasonable diligence from the commencement of installation to its completion. Firestone agrees that it shall not commence installation of the Interim Drainage Return Structure until after the 2020 irrigation season. The Interim Drainage Return Structure shall be completely installed no later than March 19, 2021. If the Interim Drainage Return Structure is not completely installed by that date, Firestone shall obtain Rural's written permission to continue the installation on terms and conditions acceptable to Rural in its sole discretion. 4.9 Even though this Agreement contemplates the installation of the Interim Drainage Return Structure during the non -irrigation season - see paragraph 4.8, above - Rural cannot guarantee that the Ditch will be dry at the location of the Interim Drainage Return Structure and cannot control or quantify the amount of "nuisance" water that may be encountered. Additionally, Rural delivers water rights to numerous reservoirs during the non -irrigation season. As such, Firestone shall be obligated to control and, to the extent necessary, safely bypass all delivered water flows in the Ditch past the construction location. Firestone will be solely responsible for any damages caused to the Ditch and to affected property owners arising from improperly controlling nuisance water through and past the construction location. 4.10 If Firestone's Approved Activities for Interim Drainage Return Structure, for any reason, interrupt the water supply of Rural, its shareholders, or persons/entities with which it has water delivery contracts, Firestone shall pay Rural, as liquidated damages, $10,000.00 per day for any day that Rural cannot deliver water to such persons/entities who have a right to the delivery of water, have a need for water, have requested the delivery of water in accordance with theirs rights, and cannot deliver water as a result of the interruption. 5.FEE(S) AND OTHER CONSIDERATION. In exchange for Firestone's agreement to timely construct and install both interim and permanent structures to manage the delivery of the Tri-Town Drainage to St. Vrain Creek, Rural shall not assess a fee for the Interim Drainage Return Structure. This consideration shall not affect any other costs for which Firestone is responsible pursuant to this Agreement, including but not limited to Firestone's responsibility to pay for the construction and installation of the New Structure and the Interim Drainage Return Structure. Firestone's construction and installation of the Permanent Drainage Structure to manage delivery of the Tri-Town Drainage shall be subject to a separate agreement between Firestone and Rural. 6. INSPECTION. 6.1 Firestone shall notify Rural's consulting engineer (Mark McLean of Deere &Ault Consultants, Inc. at 303-651-1468) at least five (5) business days prior to commencement of the Approved Activities and at least five (5) business days prior to the commencement of the Approved Activities for Interim Drainage Return Structure. Rural may inspect the New Structure and the Interim Drainage Return Structure during construction and installation of each. Upon 5 completion of the New Structure and the Interim Drainage Return Structure, Rural may inspect and test each. 6.2 Rural's right to inspect the construction and installation of the New Structure and the Interim Drainage Return Structure in no way relieves Firestone of its liability for improper construction or installation of either. Rural's inspection is solely for its benefit and creates no obligation to Rural. 7. REIMBURSEMENT OF EXPENSES. 7.1 Firestone agrees to reimburse Rural (or pay directly) for all reasonable engineering and legal costs incurred by Rural in preparing and approving this Agreement, the plans and specifications therefor, and the costs of inspection as described in paragraph 5, unless such engineering costs derive from modifications to such plans and specifications directed by Rural's consulting engineer in the field during construction and installation. 7.2 Statements for the costs chargeable to Firestone hereunder will be forwarded to Firestone and the same shall be paid to Rural within thirty (30) days after the billing date. If payment has not been received by Rural within thirty (30) days, Firestone shall have breached this Agreement and Rural may institute legal proceedings to collect the amount due and owing. In such proceeding, Rural shall be entitled to its costs and reasonable attorneys' fees from Firestone. 8. OWNERSHIP; MAINTENANCE; REPAIR; REPLACEMENT. 8.1 Once constructed and installed, Rural shall own the New Structure and the Interim Drainage Return Structure and shall be solely responsible for their respective operations. Firestone shall be responsible for routine maintenance for both. Firestone shall timely notify Rural's Superintendent of all deliveries of Firestone Water through the New Structure. 8.2 If Firestone or Rural, in their respective reasonable opinions, determines that the New Structure requires repair or replacement Firestone shall conduct such work after Rural approves the work within thirty (10) days after receiving notice of Firestone's desire to maintain, replace or repair the New Structure. 8.3 In the event of an emergency, Rural will conduct maintenance or repair immediately, giving notice to Firestone as soon as possible at the emergency contacts identified below. If Rural conducts emergency work, Firestone shall reimburse it for the reasonable costs of the work. EMERGENCY CONTACTS: Rural: Garrett Varra, Vice -President 720-272-2857 (cell) gVarra@varracomi)anies.com AND Rick Hoffman, Ditch Superintendent 970-396-6962 (cell) rhoffman@ccwcd.or 6 Firestone: Public Works Director, JUlie PaSlllaO, 720074502824 jpasiIlas@firestoneco.gov 9. WATER LOSS. Firestone agrees that neither the Approved Activities of New Structure nor the Approved Activities of Interim Drainage Return Structure will increase carriage or transit loss over the loss that occurred historically. Firestone agrees to compact any disturbed earth materials so that such additional water losses will not occur, in accordance with the approved plans for each structure. If the Approved Activities of New Structure or the Approved Activities of Interim Drainage Return Structure increase carriage or transit loss in the Ditch, Firestone agrees to repair the construction(s) to prevent such additional loss. If Firestone complies with the approved plans and specifications for the construction and installation of the New Structure and Interim Drainage Return Structure, as approved by Rural herein, and compacts any disturbed materials as required bythis paragraph and the approved plans for each, it shall be assumed that no increase in carriage or transit loss in the Ditch has occurred, unless clear evidence to the contrary is provided to Firestone. 10. LIABILITY AND INDEMNIFICATION. 10.1 By virtue of entering into this Agreement, Rural: (1) assumes no liability for use or existence of the New Structure or the Interim Drainage Return Structure; and (2) assumes no additional responsibilities or obligations related to the Approved Activities for New Structure or the Approved Activities for Interim Drainage Return Structure. 10.2 Firestone, its successor and assigns, to the extent allowed by law, does hereby agree to indemnify and hold harmless Rural, its agents, employees, successors and assigns, against any and all liability, loss, damages, claims, demand actions, causes of actions or costs, including but not limited to court costs and attorney's fees, which may result from damage to the Ditch Easement, including violations of applicable environmental laws, or personal injury to, or death to persons whomsoever, to the extent such arises from the Approved Activities for New Structure and the Approved Activities for Interim Drainage Return Structure within the Ditch Easement, and within the property north of WRC 26 through which the Tri-Town Drainage will flow into the Ditch, except to the extent that such liability, loss, damage, claims, demand actions, causes of action, including court costs and attorney's fees, arise out of any grossly negligent or intentional act of Rural or its agents, employees, successors or assigns. 10. EASEMENT RIGHTS. This Agreement in no way restricts Rural's right to the use of the Ditch Easement to construct, operate, or maintain structures and facilities therein. 11. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail, postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth below, or at such other address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the U.S. mail. RURAL: Angie Swanson, Secretary Rural Ditch Company P.O. Box 119 Longmont, CO 80502-0119 7 COPYTO: Scott E. Holwick Lyons Gaddis P.O. Box 978 Longmont, CO 80502-0978 Firestone: Town Manager, PO Box 100 Firestone, 80520 COPY TO: Bill Hiyashi 1650 38th Street Ste. 103 W. Boulder, CO 80301 12. WAIVER OF BREACH. The waiver by any party to this Agreement of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 13. BINDING. It is mutually understood and agreed that this Agreement and all the terms and conditions hereof shall extend to and be binding upon the Parties hereto, theirsuccessors and assigns. 14. RECORDATION. This Agreement shall be recorded at the cost of Firestone and shall be binding on any successors of the Parties. The obligations and benefits of this Agreement shall specifically run with the land depicted in EXHIBIT A and described in Exhibit B. The failure to record all or portions of EXHIBITS A or B because of the size of the documents shall not affect this Agreement. 15. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated in this Agreement for all purposes. 16. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the Parties. 17. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which may be deemed an original, but all of which together shall constitute one and the same instrument. [THEREBY OF TH/S PAGELEFT /NTENT/ONALLYBLANKJ ATTEST By: Angie Swanson, Secretary Dated: 4\ &*I jsome IOWA h . asi cOUNNT` ; STATE OF COLORADO ) ss. COUNTY OF WELD ) RURAL DITCH COMPANY, a Colorado mutual ditch company By: Randy Ray, President TOWN OF FIRESTONE, lorado municipal corporation 446 Idal_.- Bobbi Sindelar Its: Mayor The fore oing instrument was acknowledged before me this,�,���day of JQh , 2021, by bAbb as Mayor for the Town of Firestone. Witness my hand and official seal. 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Box 119 Longmont, CO 80502-0119 & A U LT Subject: Approval Recommendation for Town of Firestone, Firestone Reservoir No. 1 Supply Infrastructure, Firestone, CO Dear Dan: I have received and reviewed plans prepared by Acuity, LLC and Wenck Associates on behalf of the Town of Firestone for a delivery turnout structure intended to convey water from the Rural Ditch to the Last Chance Ditch. Firestone will utilize carriage capacity in the Rural Ditch and in the Last Chance Ditch to convey Rural Ditch water and other water it owns to storage in Firestone Res. No. 1. The turnout structure will consist of a reinforced concrete structure in the east bank of the Rural Ditch a short distance of its crossing over the Last Chance Ditch. The diversion will be controlled by a Rubicon Flume Meter which will allow for control and measurement of the delivery from the Rural Ditch. Between the Rural Ditch turnout and the Last Chance Ditch the flow will be contained in a 30-inch diameter reinforced concrete pipe (RCP). I have reviewed the plans provided by Firestone, have supplied them with comments, have received satisfactory responses to those comments, and received revised plans incorporating revisions in accordance with the review comments. Copies of the pertinent portion of the construction plan set, including additional notations required for construction according to the conditions of approval below are attached. Based on my review, and subject to the following conditions, I recommend the Company's approval of the proposed turnout structure. 1. The contractor shall coordinate with the Rural Ditch superintendent regarding when construction in the ditch may begin. The construction must be completed before March 1, 2021. 2. The contractor shall provide 5 working days' notice prior to start of construction of the turnout structure. 3. Company representatives shall be allowed access to the site for the purpose of observing the construction. Office 303.651.1468 � FAX 303.651.1469 600 S. Airport Road, Suite A-205 !Longmont, CO 80503 schnabel•eny.com deereault.com Oligarchy Ditch Company c/o Dan Grant 4. The contractor shall be on notice that Rural Ditch is not able to control or eliminate all flows in the ditch, including flows caused by drainage into the ditch and/or caused by shareholder actions. Therefore, the contractor must be equipped to handle water in the ditch without causing damage to the Rural Ditch bottom and banks. Any plan for bypassing water around the construction area must be approved in advance by Rural Ditch. No additional excavations in the ditch bottom (such as to create a pump sump) will be allowed to accommodate bypassing water. 5. The Town of Firestone shall be required to maintain the turnout structure and Rubicon Flume Meter in good working order, including cleaning the sloping trash rack and the interior sump. 6. The Town shall be required to provide as -needed removal of the sloping trash rack. However, the trash rack should be manufactured as two pieces to reduce the weight of each piece in the event the Ditch Company must attempt the removal. Because a two piece rack is required, additional support must be provided across the interior of the turnout structure (see attachment). 7. To reduce the opportunity for leakage from Rural Ditch and piping along the new pipeline, the contractor must carefully backfill the structure with compacted native silty/clayey soils around the structure walls and cutoff walls to block any path for water to seep from the ditch through the structural fill and into the pipe trench (see attachment). Instances of these conditions as appropriate are noted on the attached plans. Please do not hesitate to call me if you have any questions. Sincerely, DEERE 8AULT, A SCHNABEL ENGINEERING COMPANY Mark A. McLean, P.E. 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WIH31NI 3NO1SHIJ 30 NMOl W tl �wa� k l� i 31 3$.I533till IM 1111 Jill IIII' III o S!S! y = 1 fillHill IIII, I fill: 'III IIII III nfll Intl i iir ! r o !g� �j II11III • � { '� S II111 I IIII�� � gg Q � 3 ��I. a �. ,y IS• 1.. '� iiii g 'iiii sw n E g� E � i•j:• lift III 92 Illl: till IIrtill I « iiii flit i d 11 jlCl IIII' ilS fllll 0AE IIIl e f IIII I11f RYp I ! 1 IIII: lltl iiii �lll� :g 'r Fwl�wrr. S 3Li i _ t Is ul c r a¢�E as �o � 1a) a0} W' �v 14 A.• f •. rf �j All rill e n pk u! = L b p9ps aq q I c � F P d 4 e!' � � ..._ ■ �95 p i o / 1- 1 ; 1 R� it 1 L n E ll Id q } {p' �o= o il!i p� II�� y6Li18 2146 6s6pqq Ses n 2 1 � � gB 6g. . 17 - itI kSpgl XMIR11 wil 41 Oil 9 . e FTy ag¢ s a oaf a �a a - 36 pgg All Et�tt�a� RSR i�YR 3 80 pilW1 lot ox fit Id 1 E , 5 f 5# I e + q I �e z a°dab x 9 § @ o.: S �g�pp 3 '� s :fly:..:;: •� .�pd ryi ox�x DEERS & AULT December 9, 2020 Rural Ditch Company c/o Mr. Dan Grant, Secretary P.O. Box 119 Longmont, CO 80502-0119 Subject: Approval Recommendation for Town of Firestone, Interim Godding Hollowl Tri-Town Basin Outfall Improvements, Firestone, CO Dear Dan: I have received and reviewed plans prepared by Colorado Civil Group, Inc. on behalf of the Town of Firestone for the Interim Godding Hollow/Tri-Town Basin Outfall Improvements which includes a side -spill weir structure located off the north embankment of the Last Chance Ditch approximately 215 feet down - ditch from the Rural Ditch crossing and conveyance to the Rural Ditch St. Wain Creek drainage channel located north of Weld County Road 26 (WCR 26) in order to provide a location for controlled overflow during large storm events and flooding. Overflow water from the Last Chance Ditch will be carried over a 45-foot broad crested side -spill weir and then carried in a 25-11Jot wide conveyance channel with erosion protection before crossing under WCR 26. Four 24-inch reinforced concrete pipe (RCP) culverts will be utilized to convey overflow water from the conveyance channel under WCR 26 to the existing Rural Ditch St. Wain Creek drainage channel located north of the road. Grouted riprap (Type M, 18" thick) will be placed below the outfall of the culverts for erosion protection. The designed flow capacity to be carried over the side -spill weir and through the four RCP culverts for discharge into the Rural Ditch St. Wain Creek drainage channel is 135 cfs. I have reviewed the plans provided by Firestone, have supplied them with comments, have received satisfactory responses to those comments, and received revised plans incorporating revisions in accordance with the review comments. Copies of the pertinent portion of the construction plan set, including additional notations required for construction according to the conditions of approval below are attached. Based on my review, and subject to the following conditions, I recommend the Company's approval of the proposed RCP culvert outfall structure. 1. The contractor shall coordinate with the Rural Ditch superintendent regarding when construction of the RCP culvert outfall into the Rural Ditch St. Vrain Creek drainage channel may begin. The construction must be completed before March 11 2021. Office 303.651.1468 I FAX 303.651.1469 600 S. AirF�ort Road, Suite A-205 !Longmont, CO 80503 schnabel-eng.com j deereault.com Rural Ditch Company c/o Dan Grant 2. The contractor shall provide 5 working days' notice prior to start of construction of the culvert outfall. 3. Company representatives shall be allowed access to the site for the purpose of observing the construction. 4. The Town of Firestone shall be required to maintain the RCP culvert outfall to the Rural Ditch St. Wain Creek drainage channel in good working order, including the grouted riprap placed in the drainage channel below the outfall. Instances of these conditions as appropriate are noted on the attached plans. Please do not hesitate to call me if you have any questions. Sincerely, DEERE & AULT, A SCHNABEL ENGINEERING COMPANY Nathan D. Phelps, P.E. Senior Engineer enclosures cc: Scott Holwick —Lyons Gaddis (w/enclosures) Dave Lindsay —Colorado Civil Group (w/enclosures) q:\0153 rural ditch\040 firestone res no 1 headgate\approval recommendation 12_g_20.docx December 9, 2020 Page 2 Deere & Ault, a Schnabel Engineering Company