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HomeMy WebLinkAbout3.0 Engineer ReportSPRING VALLEY SANITATION DISTRICT ENGINEERING REPORT FOR APPLICATION FOR SITE APPROVAL FOR MODIFICATION OR EXPANSION OF AN EXISTING DOMESTIC WASTEWATER TREATMENT PLANT AND APPLICATION AND CERTIFICATION PROCEDURES FOR LIFT STATION AND INTERCEPTORS SEPTEMBER, 1999 Spring Valley Sanitation District 2929 County Road 114 Glenwood Springs, CO 81601 (970) 945-6399 (970) 945-1004 FAX (970) 945-5948 SGM SCHMUESER GORDON MEYER ENGINEERS SURVEYORS 118 West 6th, Suite 200 Glenwood Springs, CO 81601 September 27, 1999 Mr. Mark Bean, Planning Director Garfield County Courthouse 109 8th Street, Room 303 Glenwood Springs CO 81601 Northwest Colorado Council of Governments P.O. Box 2308 Silverthorne CO 80498 RE: Spring Valley Sanitation District ("District") Submittal of Site Applications Gentlemen: The purpose of this letter is to transmit to you for review, on behalf of Spring Valley Sanitation District, Site Applications for the following facilities: 1. Modification/Expansion of an Existing Wastewater Treatment Facility. 2. Construction of the Valley Lift Station. 3. Construction of the Lower Bench Lift Station. Also being transmitted is an Engineering Report in support of the District's Site Applications. The Engineering Report is applicable to all three of the applications. The District notes that the applications and associated Engineering Report with respect to the wastewater treatment facility addresses the applicable requirements as set forth in C.R.S. 25- 8-702 and 5 C.C.R. 1002-22.5 and 1002-22.6, which concern the modification or expansion of an existing domestic wastewater treatment plant. Please feel free to contact either this office or Gregory Hall at Leavenworth & Tester, P.C., the District's legal counsel, directly if you have any questions or if additional submittal materials are required for your review. September 27, 1999 Mark Bean and NCCOG Page 2 Respectfully submitted, SCHMUESER GORDON MEYER, INC. Dean W.Gordon, P.E. President DWG:Iec/1503a08.3 Enclosures cc: Mr. Greg Boecker, Chairman, Spring Valley Sanitation District Lee Leavenworth, Esq., Leavenworth & Tester, P.C. Lawrence Green, Esq. Ann J. Castle, Esq. John R. Schenk, Esq. Glenn D. Chadwick, Esq. SCHMUESER GORDON MEYER, INC COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Water Quality Control Division 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 APPLICATION FOR SITE APPROVAL FOR CONSTRUCTION OR EXPANSION OF: LIFT STATIONS AND INTERCEPTOR SEWERS APPLICANT: Spring Valley Sanitation District PHONE: 970/ 945-6399 ADDRESS: 2929 County Road 114 CITY, STATE, ZIP: Glenwood Springs, Colorado 81601 Consulting Engineer: Address: Schmueser Gordon Meyer, Inc. Phone: 970/ 945-1004 118 West 6th Street, Suite 200 City, State, Zip: Glenwood Springs, Colorado 81601 A. Summary of information regarding lift station/interceptor sewer: 1. Proposed Location (Legal Description): NW 1/4, SW 1/4, Section 33 Township: 6S Range: 88W County: Garfield 2. Type and capacity of facility proposed: Major Processes Used Valley Lift Station wet well/dry well type Hydraulic: 300,300 gal/day Organic: 601 lbs. BODS/day Present PE: -0- Design PE: 3003" % Domestic: 100 % Industrial: -0- 3. Location of Facility: Attach a map of the area which includes the following: 1 -mile radius: habitable buildings, topography, and neighboring land uses. See Figure 6.1(b), Engineering Report 4. Will a State or Federal grant/loan be sought to finance any portion of this project? No 5. Present zoning of site area? AARD (2 acres/unit) Zoning within a 1 -mile radius of site? AARD, PUD 6. What entity has the responsibility for operating the proposed facility? Spring Valley Sanitation District WQCD-3c (Revised 2/99) L:Uc\forms\1503a01-liftsta-3c.1. 1 APPLICATION FOR SITE APPROVAL FOR CONSTRUCTION OF LIFT STATIONS AND INTERCEPTOR SEWERS 7. Who owns the land upon which the facility will be constructed? Colorado Community College - See Exhibit 9.2, Engineering Report (Please attach copies of the document creating authority for the applicant to construct the proposed facility at this site.) 8. Estimated project cost: $ 150,000. Who is financially responsible for the construction and operation of the facility? Spring Valley Sanitation District Is the facility in a 100 year flood plain or other natural hazard area? NO If so, what precautions are being taken? Has the flood plain been designated by the Colorado Water Conservation Board, Department of Natural Resources or other agency? (Agency Name) If so, what is that designation? 10. Please include any additional factors that might help the Water Quality Control Division make an informed decision on your application for site approval. Valley Lift Station to be developed in conjunction with the expansion of the existing Spring Valley Sanitation District Wastewater Treatment Facility, which is subject to a concurrent "Application for Site Approval for Modification/Expansion of an Existing Domestic Wastewater Treatment Plant". 1 1 . The proposed lift station or interceptor sewer, when fully developed, will generate the following additional load: Peak Hydraulic (MGD): 1 .35 (4.5 peaking factor) P.E. to be served: 3003 12. Describe emergency system in case of lift station and/or power failure. Automatic dialers to responsible operating personnel. WQCD-3c (Revised 2/99) L:tc\forms\1503a01-liftsta-3c.1. 2 APPLICATION FOR SITE APPROVAL FOR CONSTRUCTION OF LIFT STATIONS AND INTERCEPTOR SEWERS 1 3. Name and address of wastewater treatment plant providing treatment: Spring Valley Sanitation District 2929 County Road 114, Glenwood Springs, Colorado 81601 14. The proposed lift station or interceptor sewer, when fully developed, will increase the loading of the treatment plant to 100 % of hydraulic and 100 % organic capacity and Spring Valley (Name of Treatment Agency) Sanitation District (Date) agrees to treat this wastewater? ® Yes ❑ No ;81 , CC-esAci.k 1.6,5C) (Signature and Title) B. If the facility will be located on or adjacent to a site that is owned or managed by a federal or state agency, send the agency a copy of this application for the agency's review and recommendation. C. Recommendation of governmental authorities: 2. The application shall be forwarded to the planning agency of the city, town, or county in whose jurisdiction(s) the lift station and/or interceptor sewer is to be located. The applicant shall obtain, from the appropriate planning agency (agencies), a statement(s) of consistency of the proposal with the local comprehensive plan(s) as they relate to water quality (subject to the provisions of 22.3(6)). The application shall be forwarded to the water quality planning agency (agencies) for the area in which the facilities are to be constructed and for the area to be served by those facilities. The applicant shall obtain, from the appropriate planning agency (agencies), a statement(s) of consistency of the proposal with any adopted water quality management plan(s). If you have any further comments or questions, please call (303)692-3500. Date Recommend Recommend Signature of Approval Disapproval Representative Local Planning Agency Water Quality Planning Agency I certify that I am familiar with the requirements of the "Regulations for Site Applications For Domestic Wastewater Treatment Works ", and have posted the site in accordance with the regulations. An engineering report, as described by the regulations, has been prepared and is enclosed. DATE WQCD-3c (Revised 2/99) Signature of Applicant Typed Name L:Vc\fortis\1503a01-liftsta-3c.1. 3 ATTACHMENT TO SITE APPLICATION In accordance with C.R.S. 1981, 25-8-702 (2)(a), (b), and (c), and the "Regulations for Site Applications for Domestic Wastewater Treatment Works", the Water Quality Control Division must determine that each site location is consistent with the long range , comprehensive planning for the area in which it is to be located, that the plant on the proposed site will be managed to minimize the potential adverse impacts on water quality, and must encourage the consolidation of wastewater treatment works whenever feasible. In making this determination, the Division requires each applicant for a site approval for a domestic wastewater treatment works to supply an engineering report describing the project and showing the applicant's capabilities to manage and operate the facility over the life of the project to determine the potential adverse impacts on water quality. The report shall be considered the culmination of the planning process and as a minimum shall address the following: Name and address of the applicant; A map identifying the site of the proposed facilities, topography of the area, and neighboring land uses; Service area including existing and projected population, and flow/loading projections; Identification of the treatment entity responsible for receiving and treating the wastewater; Legal arrangements showing control of site for the project life or showing the ability of the entity to acquire the site and use it for the project life. Approval by the Division of an application for site approval shall not be deemed to be a determination that the proposed treatment works is or is not necessary, that the proposed site is or is not the best or only site upon which to locate such a treatment works, or that location of a treatment works on the site is or is not a reasonable public use justifying condemnation of the site. Approval by the Division shall only be deemed to be a determination that the site application meets the requirement of this regulation 22 (5 CCR 1002-22). Confirmation, in writing, from the wastewater treatment entity that it: Will treat the wastewater; Is not presently receiving wastes in excess of its design capacity as defined in its site approval and/or discharge permit, or is under construction, or will be in a phased construction of new or expanded facilities, and will have necessary capacity completed and operational prior to the discharge from the new interceptor or from the new or expanded lift station; Is not presently in violation of any effluent parameters of its discharge permit or operating under a Notice of Violation and;or Cease and Desist Order from the Division resulting from discharge permit violations. Evidence that the lift station and/or interceptor sewer will be operated and maintained by a responsible person if the applicant is not the treatment entity; and WQCD-3c (Revised 2/99) L:Vc formsl1503a01-liftsta-3c.1. 4 Implementation plan and schedule, including estimated construction time and estirrated start-up date. Depending on the p-oposed project, some of the above items may not be applicable to address. In such cases, simply ndicate the non -applicability of those. WQCD-3c (Revised 2/99) COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Water Quality Control Division 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 APPLICATION FOR SITE APPROVAL FOR MODIFICATION/EXPANSION OF: AN EXISTING DOMESTIC WASTEWATER TREATMENT PLANT APPLICANT: Spring Valley Sanitation District PHONE: 970/ 945-6399 ADDRESS: 2929 County Road 114 CITY, STATE, ZIP: Glenwood Springs, Colorado 81601 Consulting Engineer: Schmueser Gordon Meyer, Inc. Phone: 970/ 945-1004 Address: 118 West 6' Street, Suite 200 City, State, Zip: Glenwood Springs , Colorado 81601 A. Summary of information regarding existing wastewater treatment plant: 1. Existing Location (Legal Description): NE 1/4, NE 1/4, Section 9 Township: 7S Range: 88W County: Garfield 2. Type and capacity of treatment facility proposed: Processes Used Activated sludge (oxidation ditch), ammonia removal, disinfection. Hydraulic: 449,450 gal/day Present PE: 520 Design PE: 4995 Organic: 999 lbs. BODS/day % Domestic: 100 % Industrial: -0- 3. Location of Facility: Attach a map of the area which includes the following: * (a) 5 -mile radius: all sewage treatment plants, lift stations, and domestic water supply intakes. ** (b) 1 -mile radius: habitable buildings, location of public and private potable water wells, and an approximate indication of the topography. See Figure 6. 1(a), Engineering Report. * * See Figure 6. 1(b), Engineering Report 4. Effluent disposal: Surface discharge to watercourse X Subsurface disposal Land Application Evaporation Other (list): State water quality classification of receiving watercourse(s) Use protected, Aquatic Life - Cold Class 2 , Recreation - Class 2. Proposed Effluent Limitations developed in conjunction with the Water Quality Control Division: * BODS 30 mg/I SS 30 mg/I Fecal Coliform 200, /100 ml Total Residual Chlorine 0.5 mg/I Ammonia 27 mg/I Other *Proposed by Applicant. See Table 4. 1, Engineering Report. 5. Will a State or Federal grant/loan be sought to finance any portion of this project? 6. Present zoning of site area? AARD (2 acres/uoit) No Zoning within a 1 -mile radius of site? AARD; PUD 7. What is the distance downstream from the discharge to the nearest domestic water supply intake? Name of Supply: 30 miles, Town of Silt Address of Supply: Box 70, Silt, Colorado 81652 WQCD-3b (Revised 2/99) L:Ic\forms11503a01 U iftsta.3b 1 of 4 8. 9. 10. 1 1 . 12. 1 3. B. APPLICATION FOR SITE APPROVAL FOR MODIFICATION/EXPANSION OF EXISTING TREATMENT PLANT What is the distance downstream from the discharge to the nearest other point of diversion? Name of User: Atkinson Canal, c/o Glenwood Land Company Address of User: 525 East Cooper, Aspen, Colorado 81611 Who has the responsibility for operating the proposed facility? Spring Valley Sanitation District Who owns the land upon which the facility will be constructed? Colorado Mountain College. See Exhibit 9.2, Engineering Report (Please attach copies of the document creating authority in the applicant to construct the proposed facility at this site.) Estimated project cost: $3.0 million Who is financially responsible for the construction and operation of the facility? Spring Valley Sanitation District Names and addresses of all municipalities and water and/or sanitation districts within 5 miles downstream of proposed wastewater treatment facility site. None (Attach a separate sheet of paper if necessary) Is the facility in a 100 year flood plain or other natural hazard area? No If so, what precautions are being taken? Has the flood plain been designated by the Colorado Water Conservation Board, Department of Natural Resources or other agency? (Agency Name) If so, what is that designation? Please identify any additional factors that might help the Water Quality Control Division make an informed decision on your application for site approval. See Engineering Report (Attach a separate sheet of paper if necessary) If the facility will be located on or adjacent to a site that is owned or managed by a federal or state agency, send the agency a copy of this application for the agency's review and recommendation. WQCD-3b (Revised 2/99) L:Ic\forms\1503a01'Jiftsta.3b 2 of 4 ATTACHMENT TO SITE APPLICATION In accordance with C.R.S. 1981, 25-8-702 (2)(a), (b), and (c), and the "Regulations for Site Applications for Domestic Wastewater Treatment Works", the Water Quality Control Division must determine that each site location is consistent with the long range , comprehensive planning for the area in which it is to be located, that the plant on the proposed site will be managed to minimize the potential adverse impacts on water quality, and must encourage the consolidation of wastewater treatment works whenever feasible. In making this determination, the Division requires each applicant for a site approval for a domestic wastewater treatment works to supply an engineering report which documents the need for the modifications and construction, consistency with local wastewater facility plans and any approved water quality management plans. The report shall be considered the culmination of the planning process and as a minimum shall address the following: Changes to the existing service area, population and loading projections; Proposed additional or modified effluent limitations, as developed in coordination with the Division; Analysis of the performance of the existing treatment works; Analysis of alternative means to treat additional loading or accomplish necessary process modifications, in accordance with 22.3(1)(c), including any consolidation alternatives recommended in the approved water quality management plan, if the plan recommends no consolidation, that option does not need to be considered; Changes in the financial system which will result from the proposed modification or expansion, including changes to the fee structure; Implementation plan and schedule, including estimated construction time and estimated date on which the modified or expanded plant will be in operation. Depending on the proposed project, some of the above items may not be applicable to address. In such cases, simply indicate the non -applicability of those. WQCD-3b (Revised 2/99) L:Iclforms \ 1503x01 \liftsta.3b 4 of 4 APPLICATION FOR SITE APPROVAL FOR MODIFICATION/EXPANSION OF EXISTING TREATMENT PLANT C. Recommendation of governmental authorities: Please address the following issues in your recommendation decision. Are the proposed facilities consistent with the comprehensive plan and any other plans, policies, and/or regulations for the area, including the 201 Facility Plan or 208 Water Quality Management Plan, as they affect water quality? If you have any further comments or questions, please call (303)692-3500. 2. 3. 4. 5. Recommend Recommend Signature of Date Approval Disapproval Comment Representative Management Agency City or Town (If site is inside boundary) County (If site is outside municipal boundary) Local Health Authority Water Quality Planning Agency I certify that I am familiar with the requirements of the "Regulations for Site Applications For Domestic Wastewater Treatment Works ". An engineering report, as described by the regulations, has been prepared and is enclosed. DATE 1 _ `-" / gnature of Applicant WQCD-3b (Revised 2/99) (-3 Greg S. Rnerker q)«_e,_k- , 5 u5 (h L:Ic'Jorms\1503a01 Uiftsta.3b Typed Name President, SVSD 3 of 4 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Water Quality Control Division 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 APPLICATION FOR SITE APPROVAL FOR CONSTRUCTION OR EXPANSION OF: LIFT STATIONS AND INTERCEPTOR SEWERS APPLICANT: Spring Valley Sanitation District PHONE: 970/ 945-6399 ADDRESS: 2929 County Road 114 CITY, STATE, ZIP: Consulting Engineer: Address: City, State, Zip: Glenwood Springs, Colorado 81601 Schmueser Gordon Meyer, Inc. Phone: 970/ 945-1004 118 West 6th Street, Suite 200 Glenwood Springs, Colorado 81601 A. Summary of information regarding lift station/interceptor sewer: 1. Proposed Location (Legal Description): NW 1/4, NE 1/4, Section 7 Township: 7S Range: 88W County: Garfield 2. Type and capacity of facility proposed: Major Processes Used Lower Bench Lift Station, wet well/dry well type Hydraulic: 28,000 gal/day Organic: 56 lbs. BODS/day Present PE: -0- Design PE: 280 % Domestic: 100 % Industrial: -0- 3. Location of Facility: Attach a map of the area which includes the following: 1 -mile radius: habitable buildings, topography, and neighboring land uses. See Figure 6.1(b), Engineering Report 4. Will a State or Federal grant/loan be sought to finance any portion of this project? No 5. Present zoning of site area? PUD Zoning within a 1 -mile radius of site? AARD, PUD, Industrial, Commercial 6. What entity has the responsibility for operating the proposed facility? Spring Valley Sanitation District WQCD-3c (Revised 2/99) L:Uc\forms\1503a01-liftm:z-3c.2 1 APPLICATION 7. 8. 9. 10. 1 1 . 1 2. FOR SITE APPROVAL FOR CONSTRUCTION OF LIFT STATIONS AND INTERCEPTOR SEWERS Who owns the land upon which the facility will be constructed? 2 Colorado Community College - See Exhibit 9.2, Engineering Report (Please attach copies of the document creating authority for the applicant to construct the proposed facility at this site.) Estimated project cost: $125,000. Who is financially responsible for the construction and operation of the facility? Spring Valley Sanitation District Is the facility in a 100 year flood plain or other natural hazard area? NO If so, what precautions are being taken? Has the flood plain been designated by the Colorado Water Conservation Board, Department of Natural Resources or other agency? (Agency Name) If so, what is that designation? Please include any additional factors that might help the Water Quality Control Division make an informed decision on your application for site approval. Lower Bench Lift Station to be developed in conjunction with the expansion of the existing Spring Valley Sanitation District Wastewater Treatment Facility, which is subject to a concurrent "Application for Site Approval for Modification/Expansion of an Existing Domestic Wastewater Treatment Plant". The proposed lift station or interceptor sewer, when fully developed, will generate the following additional load: Peak Hydraulic (MGD): 0.14 (4.5 peaking factor) P.E. to be served: 280 Describe emergency system in case of lift station and/or power failure. Automatic dialers to responsible operating personnel. WQCD-3c (Revised 2/99) L:tc\forms\1503a01-liftsta-3c.2 APPLICATION FOR SITE APPROVAL FOR CONSTRUCTION OF LIFT STATIONS AND INTERCEPTOR SEWERS 1 3. Name and address of wastewater treatment plant providing treatment: Spring Valley Sanitation District 2929 County Road 114, Glenwood Springs, Colorado 81601 14. The proposed lift station or interceptor sewer, when fully developed, will increase the loading of the treatment plant to 100 % of hydraulic and 100 % organic capacity and Spring Valley (Name of Treatment Agency) Sanitation District agrees to treat this wastewater? ® Yes 0 No 9 - - 9 ci -) (Date) (Signature and Title) B. If the facility will be located on or adjacent to a site that is owned or managed by a federal or state agency, send the agency a copy of this application for the agency's review and recommendation. C. Recommendation of governmental authorities: 2. The application shall be forwarded to the planning agency of the city, town, or county in whose jurisdiction(s) the lift station and/or interceptor sewer is to be located. The applicant shall obtain, from the appropriate planning agency (agencies), a statement(s) of consistency of the proposal with the local comprehensive plan(s) as they relate to water quality (subject to the provisions of 22.3(6)). The application shall be forwarded to the water quality planning agency (agencies) for the area in which the facilities are to be constructed and for the area to be served by those facilities. The applicant shall obtain, from the appropriate planning agency (agencies), a statement(s) of consistency of the proposal with any adopted water quality management plan(s). If you have any further comments or questions, please call (303)692-3500. Date Recommend Recommend Signature of Approval Disapproval Representative Local Planning Agency Water Quality Planning Agency I certify that I am familiar with the requirements of the "Regulations for Site Applications For Domestic Wastewater Treatment Works ", and have posted the site in accordance with the regulations. An engineering report, as described by the regulations, has been prepared and is enclosed. DATE WQCD-3c (Revised 2/99) Signature of Applicant Typed Name L:Uc forms11503a01-liftsta-3c.2 3 14 • • RECEIVED SEP 2 8 1999 GAREIEi_.F.) COUNTY PLANK c"; ';HTMENT •109 8TH ST. - SUITE 303 GLENWOOD SPRINGS, CO 81601 4 5 6 7 8 9 10 11 APPLICATION FOR SITE APPROVAL SERVICE AREA POPULATION AND LOADING PROJECTIONS PROPOSED EFFLUENT LIMITATIONS ANALYSIS OF EXISTING FACILITIES ANALYSIS OF ALTERNATIVE MEANS TO TREAT ADDITIONAL LOADING ANALYSIS OF ALTERNATIVE MEANS TO ACCOMPLISH NECESSARY PROCESS MODIFICATIONS FLOOD PLAIN, NATURAL HAZARDS, AND SOILS TESTING ANALYSIS LEGAL ARRANGEMENTS SHOWING CONTROL OF SITE FINANCIAL SYSTEMS IMPLEMENTATION PLAN AND SCHEDULES LIFT STATIONS AND INTERCEPTOR SEWERS LIST OF EXHIBITS, FIGURES AND TABLES Page • Chapter 1. APPLICATION FOR SITE APPROVAL 1 1.1 INTRODUCTION 1 1.2 NEED FOR EXPANSION/MODIFICATIONS AND CONSTRUCTION 3 1.3 AMENDED SERVICE PLAN APPROVAL BY GARFIELD COUNTY 4 Chapter 2. SERVICE AREA 6 2.1 EXISTING DISTRICT BOUNDARIES AND SERVICE AREA 6 2.2 MODIFICATIONS TO PRIOR SERVICE AREA 6 2.3 OTHER SANITATION DISTRICT SERVICE AREAS IN SPRING VALLEY 8 Chapter 3. POPULATION AND LOADING PROJECTIONS 9 3.1 PRIOR SERVICE AREA EQR 9 3.2 FLOW TO THE EXISTING WWTF 9 3.3 EXPANDED SERVICE AREA EQRs 10 3.4 PROPOSED CAPACITY OF THE EXPANDED WWTF 12 Chapter 4. PROPOSED EFFLUENT LIMITATIONS 13 4.1 PROPOSED EFFLUENT LIMITATIONS 13 4.2 LOCATION OF PROPOSED OUTFALL POINTS AND RE -USE OF TREATED EFFLUENT 14 Chapter S. ANALYSIS OF EXISTING FACILITIES 15 5.1 DESCRIPTION OF EXISTING WWTF 15 5.2 PERFORMANCE OF EXISTING WWTF 15 Chapter 6. ANALYSIS OF ALTERNATIVE MEANS TO TREAT ADDITIONAL • LOADING 17 Chapter 7. ANALYSIS OF ALTERNATIVE MEANS TO ACCOMPLISH NECESSARY PROCESS MODIFICATIONS 19 7.1 EVALUATED ALTERNATIVES 19 7.2 SELECTED ALTERNATIVE 20 Chapter 8. FLOOD PLAIN, NATURAL HAZARDS, AND SOILS TESTING ANALYSIS 22 8.1 FLOOD PLAIN ANALYSIS 22 8.2 NATURAL HAZARDS 22 8.3 ANALYSIS OF EXISTING SOILS CONDITIONS 22 Chapter 9. LEGAL ARRANGEMENTS SHOWING CONTROL OF SITE 23 Chapter 10. FINANCIAL SYSTEMS 24 10.1 DISTRICT BUDGET 24 10.2 ASSESSED VALUATION 24 10.3 CAPITAL FUNDING 24 10.4 OPERATIONAL ANALYSIS 26 Chapter 11. IMPLEMENTATION PLAN AND SCHEDULES 28 Chapter 12. LIFT STATIONS AND INTERCEPTOR SEWERS 29 12.1 LIFT STATIONS GENERAL 29 12.2 INTERCEPTOR SEWERS 31 12.3 LEGAL ARRANGEMENTS SHOWING CONTROL OF SITE OR • RIGHT-OF-WAY 31 • CHAPTER 1. APPLICATION FOR SITE APPROVAL 1.1 INTRODUCTION. The purpose of this engineering report is to support and supplement the "Application for Site Approval For Modification or Expansion of an Existing Domestic Wastewater Treatment Plant" and "Application and Certification Procedures For Lift Stations and Interceptors" (collectively, the "Site Application") submitted to the Colorado Department of Public Health and the Environment ("CDPHE") by the Spring Valley Sanitation District (the "District"). As such, this engineering report addresses the applicable requirements set forth in C.R.S. § 25-8-702 and 5 C.C.R. 1002-22.5 and 1002-22.6. The District is seeking approval of the Site Application to modify and expand its wastewater treatment facilities in the Spring Valley area in Garfield County, through construction of a tertiarytreatment facilitywith a capacity of upto 499,450 g P Y gallons per day ("gpd"), and thereby implement the District's Amended Service Plan which was approved by the Garfield County Board of Commissioners on April 26, 1999 (the "Amended Service Plan"). The Amended Service Plan is available for review upon request and the Garfield County resolution approving it is attached hereto as Exhibit 1.1. • The District is an existing sanitation district organized in 1979 under Colorado's Special District Act, C.R.S. § 32-1-101, et seq. The District provides wastewater treatment and collection services within the current District boundary as shown in Figure 1.1, which includes an area of approximately 350 acres located in the Los Amigos Ranch F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -1- • PUD. The District also provides wastewater collection and treatment services to contract users within the District's service area contiguous to the District's boundaries ("Contract Users"). The District has remained the sole provider of central sewer service in the Spring Valley area for nearly twenty years. In order to provide wastewater treatment service to District and Contract Users, the District presently operates an aerated lagoon wastewater treatment facility (the "Existing WWTF") located on land leased on a long-term basis from the Colorado Mountain Junior College District ("Colorado Mountain College") on Colorado Mountain College's Spring Valley Campus. A copy of the existing Lease and Agreement between the District and Colorado Mountain College is attached as Exhibit 9.1 (Chapter 9). The District discharges effluent at the plant site through an exfiltration pond. The plant was constructed in the late 1960s and has provided uninterrupted service since that time. The Existing WWTF received its current site approval in 1979 to a 0.052 MGD plant from the State of Colorado under Site Application No. 3278. The District received further site approval for construction of a lift station on the Colorado Mountain College campus in February, 1992 (Site Application No. 4015), and for construction of a replacement percolation pond in May, 1994 (Site Application No. 3278). Upon the State's determination that exfiltrating wastewater treatment facilities require a discharge permit, the District submitted a discharge permit application in 1998, which is currently under review by CDPHE. CDPHE has held the District's discharge permit approval in abeyance pending review of this Site Application. F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -2- • 1.2 NEED FOR EXPANSION/MODIFICATIONS AND CONSTRUCTION. In 1996, the District examined the feasibility of secondary treatment plant expansion to satisfy its obligation to provide wastewater treatment service to users within the District's service area. The District applied for and received site approval in 1997 for the secondary treatment plant expansion (Site Application No. 4300): However, upon the recommendation of its engineers, the District determined that secondary treatment may not consistently meet certain parameters of existing and anticipated future state discharge permit standards. The District determined that ar upgrade of its existing facilities to tertiary technology is the best means to provide reliable wastewater service for its service area and to protect the environment. The District's determination was reinforced by (1) CDPHE's public statements that aerated lagoon systems, like the Existing WWTF, are viewed as obsolete in the Roaring Fork Valley; and (2) the likelihood that the District will be subject to more stringent discharge standards in the future. Therefore, the District allowed its 1997 site application for secondary treatment to expire and has proceeded with this site application for tertiary treatment. The District seeks to modify and expand its current facilities to meet its obligation to serve existing users and to provide regional wastewater treatment service to new users in the Spring Valley area. A group of existing users within the District's service area and potential future users within the District's Expanded Service Area, as defined in Chapter 2 below, have approached the District requesting expanded sewer service. The F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -3- • • • District is obligated to serve users within its service area who request additional service, and the District believes establishing regional service by accommodating service requests by other landowners in the Spring Valley Area is not only economical, but consistent with the CDPHE's goal of consolidation of wastewater treatment facilities. 1.3 AMENDED SERVICE PLAN APPROVAL BY GARFIELD COUNTY. To accommodate the needs of existing and additional users of the District's wastewater treatment services, the District prepared and Garfield County approved the District's Amended Service Plan which provides for regional wastewater treatment service to the Spring Valley Area. The Amended Service Plan provides a mechanism by which the District may work with the Spring Valley community to provide comprehensive, high-level wastewater treatment on a regional basis, while allowing the community to realize financial savings resulting from economies of scale associated with a regional plant. The Amended Service Plan contemplates comprehensive service to the entire Spring Valley Area and avoids the undesirable proliferation of smaller wastewater treatment facilities. Pursuant to C.R.S. § 32-1-201, et seq., the Amended Service Plan was approved by the Board of County Commissioners of Garfield County on April 26, 1999 following public hearings before the Planning Commission and the Board. (See Exhibit 1.1). F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -4- To implement the Amended Service Plan, the District is seeking approval of the Site Application for expansion and modification of its current system through construction of tertiary level treatment facilities. As discussed in more detail below, the District proposes to construct the tertiary treatment facilities at the existing District facility site with funds committed in a comprehensive Pre -Inclusion and Wastewater Treatment Plant Development Agreement (the "Plant Development Agreement"), executed by various parties seeking modified or expanded wastewater treatment services in the Spring Valley Area. In addition to the District, the parties committing funds under the terms of the Plant Development Agreement include Spring Valley Development, Inc.; Berkeley Family Limited Partnership; Colorado Mountain College; and Los Amigos Ranch Partnership (collectively referred to hereafter as the "Funding Landowners"). F:A1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -5- • CHAPTER 2. SERVICE AREA 2.1 EXISTING DISTRICT BOUNDARIES AND SERVICE AREA. The existing District boundaries are depicted in Figure 1.1. The District's existing boundaries include a portion of property contained within the Los Amigos Ranch PUD, totaling approximately 350 acres. • • The District's service area prior to approval of the Amended Service Plan ("Prior Service Area"), also depicted in Figure 1.1, included property encompassing a total of approximately 1500 acres. The acreage within the District's Prior Service Area included property owned by William and Pamela Gibson ("Auburn Ridge Apartments"), Colorado Mountain College, Hayden Rader, Los Amigos Ranch Partnership, and Colorado Pinon Pines, Ltd. ("Pinon Pines Apartments"). The total number of EQRs to be served at buildout before expansion of the District's treatment facilities was approximately 189.5. Using the assumption of 3.5 persons per EQR, this equates to a population equivalent ("PE") of 663. All of the Prior Service Area is included within the Expanded Service Area, as defined below, which was approved by Garfield County in the Amended Service Plan. 2.2 MODIFICATIONS TO PRIOR SERVICE AREA. The District's expanded service area approved in the District's Amended Service Plan ("Expanded Service Area") is shown in Figure 2.1, and includes a total of approximately 12,500 acres. Pursuant to the Plant Development Agreement, the F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -6- properties within the Expanded Service Area will be included within the District's • boundaries prior to initiation of wastewater treatment service. The Expanded Service Area includes all or a portion of the following properties: (1) the Spring Valley Ranch PUD ("Chenoa"); (2) the Auburn Ridge Apartments; (3) the Colorado Mountain College Spring Valley campus; (4) the Hayden Rader property; (5) the Lake Springs Ranch PUD; (6) the Los Amigos Ranch PUD; (7) the Pinon Pines Apartments; (8) private property of approximately 850 acres located to the east of the Lake Springs Ranch PUD; and (9) private property of approximately 2,400 acres located to the north of the Los Amigos Ranch PUD. • Pursuant to its approved Amended Service Plan, the District will provide comprehensive wastewater treatment service to those properties in the Spring Valley Area which may reasonably require District service in the foreseeable future. The Amended Service Plan establishes the District as the regional provider for the Spring Valley Area and conforms to CDPHE's policy of wastewater treatment facility consolidation. Rather than construct and operate multiple wastewater treatment facilities under different management entities, the District and the landowners whose property will be included within the expanded District boundaries have agreed to consolidate into the existing district and to be served by one wastewater treatment facility. This consolidation effort, associated regional planning, and broad-based cooperation among F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -7- • • • the various parties is consistent with CDPHE's encouragement of local, long-range planning; minimization of potential adverse impacts on water quality; and the "consolidation of wastewater treatment facilities whenever feasible." C.R.S. § 25-8- 702; 5 CCR 1002-22, §22.3. 2.3 OTHER SANITATION DISTRICT SERVICE AREAS IN SPRING VALLEY. The proposed Landis Sanitation District included property which is now within the District's Expanded Service Area. The Landis Sanitation District was proposed in 1983 to provide service to the Spring Valley Ranch PUD, and a service plan was approved by Garfield County in the early 1980s; however, Garfield County District Court approval of the formation of the district was never obtained. The District's Expanded Service Area encompasses the approved service area for the Landis Sanitation District, thereby eliminating the need for the Landis District and eliminating the potential for two wastewater treatment facilities and two districts. Upon the approval of this Site Application, any rights associated with prior approval of the Landis Sanitation District Service Plan would be moot. F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -8- • CHAPTER 3. POPULATION AND LOADING PROJECTIONS 3.1 PRIOR SERVICE AREA EQRs. Table 3.1 shows the number of EQRs currently served by the Existing WWTF, including those served pursuant to out -of -district service contracts with Colorado Mountain College, Pinon Pines Apartments and Auburn Ridge Apartments. The Existing WWTF has capacity to serve approximately 189.5, which includes but is not limited to commitments for 49 associated with the Los Amigos Ranch PUD, 51 with Colorado Mountain College, 29.5 with the Auburn Ridge Apartments, and 46 with the Pinon Pines Apartments. • • 3.2 FLOW TO THE EXISTING WWTF. The measurement facility for inflow into the Existing WWTF consists of a 3" Parshall flume that is read manually once per week. A flow measuring facility also exists on the wastewater collection line which serves both Colorado Mountain College and the Pinon Pines Apartments. This facility consists of a 3" cut throat flume with a continuous reading sonic flow meter. The flow measuring facility has had operational problems off and on since its construction, and the readings are not thought to be reliable for design purposes, but sufficient to provide an estimate of approximate flows from Colorado Mountain College and the Pinon Pines Apartments. The District has also collected available water use records from the Red Canyon Water Company which F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -9- provides domestic water to the Los Amigos Ranch PUD and Auburn Ridge Apartments, and the Colorado Mountain College well field system which provides domestic water to Colorado Mountain College and the Pinon Pines Apartments. Based on available data, it is estimated that current wastewater flows to the Existing WWTF average approximately 40,000 gpd (77% capacity) and it is estimated that the unit flows are between 255 and 270 gpd/EQR. As noted above, the plant has a site approval for 52,000 gpd and, according to the District Engineer, can operate at this capacity. The sewer lines within the District are relatively new and no high groundwater tables are known to exist within the Prior Service Area. Infiltration and inflow into the wastewater collection system has not been observed and is not deemed to be a problem. 3.3 EXPANDED SERVICE AREA EQRs. Table 3.2 summarizes the estimated EQRs to be serviced in the Expanded Service Area. The ultimate buildout of the Expanded Service Area is estimated to be 1427 EQRs. The anticipated EQRs for the projects with land use applications pending were based upon input from the developers. Other property owners, including Colorado Mountain College, provided input on the proposed number of EQRs desired for their respective properties. F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -10- • In addition to those properties with pending land use applications, the Expanded Service Area includes several properties not requesting or indicating a desire for central wastewater treatment service at this time. All of these properties are in Garfield County's ARRD zone district, which allows densities of not less than of two acres per dwelling unit. The Garfield County Comprehensive Plan recommends a density of 6 to 10 acres per dwelling unit for these properties. However, based upon information accumulated by the District, a density approximation of 25 acres per dwelling unit has been used for these properties. The District's calculations reflect the intent of certain landowners to develop such property into 35 -acre parcels and the existence of private inholdings with densities much lower than those permitted under zoning regulations and proposed in the Garfield County Comprehensive Plan. The resultant 133 EQRs shown in Table 3.2 under the heading "Unallocated" represents this portion of the Expanded Service Area. The methodology for including properties within the Expanded Service Area is as follows: 1. Those properties which are currently developed and are being served by the Existing WWTF. 2. Those properties, located within a geographically and topographically appropriate service area for the District, with land use applications that require central wastewater treatment facilities. 3. Those properties without land use applications that are adjacent to, or in the vicinity of, the properties identified above and which could be reasonably serviced by wastewater collection systems extended from those properties. F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -11- A • 4. The exterior boundary of the Expanded Service Area was generally limited by topographic restraints, properties that are currently zoned for and/or divided into 35 -acre tracts, and areas that could not be reasonably served by extension of wastewater collection facilities. 3.4 PROPOSED CAPACITY OF THE EXPANDED WWTF. Based upon the projected number of EQRs at buildout of 1427, 3.5 persons per EQR and 100 gallons per capita per day (per CDPHE policy), the buildout capacity of the new tertiary wastewater treatment facility (the "Expanded WWTF") proposed by the District is estimated to be 499,450 gpd. The design average daily flow to the facility will be based on a peaking factor of 2.0 for a total of 998,900 gpd, and design peak hour flow for wastewater collection systems will be based on a 4.5 peaking factor adjusted for pumping characteristics from the proposed lift stations. Construction of the Expanded WWTF will not be phased but, rather, will occur in its entirety upon receipt of site approval and approval of final plans and specifications by CDPHE. Table 3.3 summarizes the project buildout rate by year for the Expanded Service Area. The District and the Funding Landowners have determined that one phase will better match the projected unit phasing schedule proposed for the larger properties and will be more economical than phased construction. The plant will have multiple aeration basins, clarifiers, RAS and WAS pumps, blowers, digesters, etc., so that active treatment capacity will coincide more closely with influent flows over the life of the facility. Building the plant in one phase will eliminate the need for future residents of the District to fund future expansion of the plant. F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -12- • CHAPTER 4. PROPOSED EFFLUENT LIMITATIONS 4.1 PROPOSED EFFLUENT LIMITATIONS. The Spring Valley drainage, which includes the proposed discharge point(s) for the Expanded WWTF, has been classified at the August 9, 1999 public rule-making hearing by the Colorado Water Quality Control Commission (the "Commission"), based upon conclusions reached in a site-specific Use Attainability Analysis prepared for the District by Wright Water Engineers, Inc. ("Wright Water"), and recommendations by the Colorado Water Quality Control Division ("Division") and the United States Environmental Protection Agency ("EPA"). The Spring Valley drainage is now classified as a use -protected Aquatic Life -Cold Class 2 and Recreation Class 2 stream not subject to the anti -degradation standards of the Colorado Code of Regulations. Based upon the site specific data presented at the hearing, the Commission also adopted site-specific stream standards for the Spring Valley drainage of 0.1 mg/1 for un -ionized ammonia (chronic) and 200/100 ml for fecal coliform bacteria. A stipulation proposing these standards and reclassification of the Spring Valley drainage, entered into between the District and the Division, and attached as Exhibit 4.1, was approved by the Commission at the hearing. Although the Division has not provided proposed effluent limitations applicable to discharges to the re-classified Spring Valley drainage, the District believes that the effluent limitations identified in Table 4.1 below would be appropriate and would result in compliance with the applicable stream standards. The District has estimated the F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -13- • effluent limitation for total ammonia based upon results reached by Wright Water, in a report which has been delivered to CDPHE with a request for preliminary effluent discharge standards. A copy of the request containing the ammonia analysis is attached as Exhibit 4.2. 4.2 LOCATION OF PROPOSED OUTFALL POINTS AND RE -USE OF TREATED EFFLUENT. Treated effluent from the Expanded WWTF may be re -used by landowners in the District; however, such re -use is not proposed to be part of the treatment process and is beyond the scope of this Site Application. The District proposes to discharge effluent to one or more discharge points in the Spring Valley drainage from the WWTF outfall • line, as identified in Figure 6.1(a) (Chapter 6). It is estimated that approximately twenty-five percent (25%) of the effluent will return to the Spring Valley aquifer by infiltration from the discharge point(s) along the Spring Valley Drainage basin. A more comprehensive discussion of the aquifer recharge potential is contained in a memorandum from Wright Water to the District, attached hereto as Exhibit 4.3. Discharges to the Spring Valley Drainage will recharge the aquifer and will consequently minimize adverse impacts to the Spring Valley environment. F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -14- CHAPTER 5. ANALYSIS OF EXISTING FACILITIES 5.1 DESCRIPTION OF EXISTING WWTF. The Existing WWTF is depicted in Figure 5.1. It is located on land owned by Colorado Mountain College pursuant to the District's long-term lease for the property identified in Exhibit 9.1 (Chapter 9). The current facility consists of the following: 1. Influent Parshall flume. 2 Pond 1 - Aerated lagoon cell. 3. Pond 2 - Non-aerated cell. 4. Pond 3 - Percolation pond. The treatment process is classified as a one -cell facultative aerated lagoon with discharge via percolation or exfiltration. Design calculations are attached in Exhibit 5.1. The current Site Application for the Existing WWTF indicates an approved flow capacity of 52,000 gpd, consistent with the design calculations and the District's Engineer's opinion of actual capacity. 5.2 PERFORMANCE OF EXISTING WWTF. The existing WWTF has provided satisfactory service to the District since its construction approximately 30 years ago. Because the facility has never been issued a Discharge Permit, and therefore, there are no formal reporting requirements to F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -15- regulatory agencies for the facility, there is no structured testing program in place at the facility. The facility is visited once per week by operations personnel. The condition of all facilities is visually inspected and the condition and appearance of each of the ponds is visually noted. The length of time the aerator operates is adjusted as needed in order to maintain aerobic conditions throughout the system. The existing aeration facilities are sufficient to maintain aerobic conditions in the system. The District has never received a complaint concerning the operation of the WWTF. F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -16- • CHAPTER 6. ANALYSIS OF ALTERNATIVE MEANS TO TREAT ADDITIONAL LOADING The District has examined the feasibility of utilizing alternative means to treat the additional loading which will result from the expansion of the District's existing facilities. The District's analysis was thoroughly reviewed and discussed during the Garfield County approval process, which ultimately approved the District's Amended Service Plan and established the District as the regional wastewater treatment provider in the Spring Valley area. The District believes that the County's comprehensive review of and decision regarding this issue was appropriate given the CDPHE policy encouraging consolidation of wastewater treatment facilities where feasible. The existing Water Quality Management Plan for Region 11, completed in 1984 and attached hereto as Exhibit 6.1, required the Spring Valley area to analyze the best means of sewage treatment and disposal, given the scope of proposed development in the area. The Water Quality Management Plan also recommended a delay in facility siting until an analysis of the Spring Valley populations and consolidation of facilities and treatment requirements for the Spring Valley area was completed, including participation by the then -existing Lake [sic, Spring] Valley Sanitation District and the then -proposed Landis Sanitation District. The District completed such an analysis as part of its Amended Service Plan and the County's approval process, which concluded that the Spring Valley Sanitation District should be the regional wastewater treatment F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -17- • provider for the Spring Valley area. The County further concluded that consolidation with the nearest alternative wastewater treatment provider, the Roaring Fork Water and Sanitation District, is inappropriate, based upon an economic analysis and the Roaring Fork Water and Sanitation District's unwillingness to serve the Spring Valley area. The decision by the Garfield County Commissioners to approve the District's Amended Service Plan essentially represents approval of a water quality management plan for the Spring Valley area, which requires the District to serve the Spring Valley area, and concludes that consolidation with the Roaring Fork Water and Sanitation District is not appropriate. Figure 6.1(a) attached hereto indicates the location of the existing and proposed WWTF, the proposed lift stations and proposed interceptor sewers, and a detailed layout of the properties within the Expanded Service Area. It should be noted that no domestic water supply intakes exist within a five (5) mile radius of the existing and proposed WWTF. Figure 6.1(b) attached hereto is a map of the area within a one (1) mile radius of the existing and proposed site of the WWTF. The map shows habitable buildings, location of public and private potable water wells, and an indication of topography. F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -18- • CHAPTER 7. ANALYSIS OF ALTERNATIVE MEANS TO ACCOMPLISH NECESSARY PROCESS MODIFICATIONS • 7.1 EVALUATED ALTERNATIVES. This section discusses the viable treatment process alternatives considered by the District. It is assumed that any effluent discharged to the Spring Valley drainage will require tertiary level treatment to achieve ammonia, chlorine and fecal coliform limitations. Several activated sludge processes have been considered by the District, along with several proprietary treatment processes. The following processes have been evaluated as part of this process: 1. Extended aeration activated sludge. 2. Conventional oxidation ditch activated sludge. 3. Several proprietary processes similar to oxidation ditch, including: • EIMCO CARROUSEL • US FILTER ORBAL SIM -PRE PROCESS 4. The Aero -mod treatment process. 5. Sequencing batch reactors. Preliminary design calculation and material proposals have been received from • the proprietary process manufacturers. F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -19- • 7.2 SELECTED ALTERNATIVE. The District has identified oxidation ditch technology (or a proprietary oxidation ditch alternative) as the preferred treatment process. The oxidation ditch technology has a proven record of achieving stringent BOD, TSS and ammonia limitations. In discussions with other operators that use this process, including those for the Cities of Montrose, Gunnison, and Telluride, all felt that the process was easy to maintain with minimal operator input. Other processes within the plant will include flow measurement, screening, grit removal, secondary clarification, aerobic digesters and sludge thickening. Disinfection will be through chlorination and dechlorination or through ultraviolet technology so that coliform counts and low chlorine residual limitations can be met. Treated effluent will be directed to either a clearwell or to one of the existing treatment facility ponds. The treated effluent will then be pumped to the Spring Valley floor where the effluent will be discharged to the Spring Valley drainage. While the District has identified the oxidation ditch technology as the preferred treatment process, the District is continuing an evaluation of the Aero -mod process. This process allows for a smaller treatment plant footprint and potentially greater ability to treat a flow rate more cost effectively over a wide range of values throughout the life F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -20- • • • of this facility. Because use of the Aero -mod process is relatively new in Colorado, the CDPHE is still evaluating this process for general acceptability in the state. Final consideration of the Aero -mod process as the process of choice will be dependent on the process resulting in a lower present worth life cycle cost due to both capital costs and O&M costs, how the process compares from a technical operational standpoint with the oxidation ditch technology, and whether CDPHE is in a position to provide timely approval of the process. F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -21- • CHAPTER 8. FLOOD PLAIN, NATURAL HAZARDS, AND SOILS TESTING ANALYSIS 8.1 FLOOD PLAIN ANALYSIS. The District site is not located within any floodplain boundaries. The site is not near any major tributaries subject to flooding. 8.2 NATURAL HAZARDS. The District site is not subject to any natural hazards, including rockfall, avalanche hazard, landslide hazard, flooding, sinkholes or other geotechnical hazards. 8.3 ANALYSIS OF EXISTING SOILS CONDITIONS. There have been two subsurface soil investigations conducted by the District in the last three years. These investigations were conducted in support of the District's prior Site Application submitted in 1996 and the 1998 Application for Discharge Permit for the Existing WWTF. Micro Geophysics Corporation (MGC) conducted electrical resistivity and self potential surveys at the existing treatment site in June, 1997. Attached hereto as Exhibit 8.1 is a letter dated July 31, 1997, from Resource Engineering, Inc. summarizing those analyses. Hepworth-Pawlak, Inc. conducted a subsoil study for the District for the purpose of providing design support information for additional percolation ponds at the existing site, attached hereto as Exhibit 8.2. Both of these reports indicate that soils conditions at the proposed District site present no geological or geotechnical restraints to the construction of the Expanded WWTF. F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -22- CHAPTER 9. LEGAL ARRANGEMENTS SHOWING CONTROL OF SITE Attached to this section as Exhibits 9.1, 9.2 and 9.3 are the legal description of the site, the District's lease and agreement with Colorado Mountain College, and the Bill of Sale transferring the facilities to the District from Colorado Mountain College. The fifty-year Lease Agreement with Colorado Mountain College expires on February 26, 2030, and the District has a unilateral option to extend the lease for an additional term of fifty years. The Lease Agreement encompasses a total of 9.85 acres for operation of the treatment plant and associated facilities. Although the Lease provides for the right to lease additional lands up to a maximum of twenty-five (25) acres in the same general location, the District's Engineer believes that the existing lease site is adequate for construction of the new facility. F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -23- • CHAPTER 10. FINANCIAL SYSTEMS 10.1 DISTRICT BUDGET. Attached hereto as Exhibit 10.1 is the District budget for 1999. The District budget assumes that the Existing WWTF will be on line and operational for the entire budget year, that there will be plant expansion fees and resulting capital outlays for the construction cost of the new tertiary facility, and that the tap fee revenues come from currently developed lots and are not directly associated with plant expansion revenue. 10.2 ASSESSED VALUATION. Referencing the 1999 budget sheet, the current certified gross assessed evaluation of the District is $652,580. This assessed valuation may be lower than expected due to the fact that Colorado Mountain College, the Auburn Ridge Apartments, and the Pinon Pines Apartments are not within the District boundaries. The District has set the 1999 mill levy at 2.61 mills, which will generate a total mill levy revenue of $1,704.00 from existing properties located within the District boundaries. As previously identified, this represents a small portion of the existing Los Amigos Ranch PUD. 10.3 CAPITAL FUNDING. The District has estimated the capital construction cost of the Expanded WWTF and associated lift stations and interceptor sewers will be $4,120,437. A summary of the capital construction costs associated with plant construction and construction of the lift stations and interceptor sewers is attached as Table 10.1(a) to 10.1(d) . F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -24- Neither the District's assessed valuation nor its ability to generate mill levy revenues is adequate to finance the capital cost of the Expanded WWTF. Recognizing that, the District and the Funding Landowners have agreed in the Plant Development Agreement, attached hereto as Exhibit 10.2, that the Funding Landowners will advance and finance the capital costs of the Expanded WWTF and all associated facilities. The Funding Landowners' capital contributions will provide plant capacity for 133 unallocated taps in addition to the existing identified wastewater treatment needs. As such, the Funding Landowners will be providing up -front capital for completion of a regional wastewater treatment facility capable of serving the needs of the Spring Valley Area for the reasonably foreseeable future. Pursuant to the Plant Development Agreement, the Funding Landowners will be entitled to cost recovery for plant expansion costs, but the District has no liability to the Funding Landowners in this regard except to rebate a portion of the tap fees collected by the District, when and as collected. The District has undertaken a comprehensive examination of projected future wastewater treatment needs in the Spring Valley Area and the District believes construction of the planned excess plant capacity (i.e., 133 unallocated EQRs) will provide for regional service for the reasonably foreseeable future. However, given the uncertain nature of land use and development over the long term, the District will expand its facilities beyond the facilities proposed in this Site Application to meet future F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -25- • needs as necessary. The cost of any additional expansion will be paid by the owners of any properties requesting additional wastewater treatment service. The District currently has no debt but is exploring a low interest revenue loan from the Colorado Water and Power Resources Development Authority to fund the portion of the cost of expansion attributable to existing customers of the District. This loan would be repaid from a reasonable surcharge on the monthly user fees. If not available, the Funding Landowners have agreed to provide similar financing. 10.4 OPERATIONAL ANALYSIS. The District may utilize any or all of the following revenue sources to meet operational and maintenance costs associated with the Expanded WWTF: (1) monthly user service fees, including standby fees; (2) reasonable mill levy assessments; (3) tap fee proceeds designated for operational expenditures, including a reserve and replacement fund to be collected by the District upon the sale of each tap; and (4) an operational surcharge provided for in the Plant Development Agreement whereby the Funding Landowners will fund any shortfall the District experiences for operation and maintenance of the plant prior to efficient operational capacity. The District has prepared a financial projection that includes an estimate of operational and maintenance costs and revenues attached hereto as Tables 10.2 to 10.4. F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -26- • The District will maintain its present financial viability by the methods and procedures identified above. In addition, the District has the statutory authority to assess fees, rates, tolls, penalties, and other charges to supplement revenues necessary for operation and maintenance of the District's facilities. F:11999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -27- • • • CHAPTER 11. IMPLEMENTATION PLAN AND SCHEDULES Attached as Exhibit 11.1 is an implementation schedule for obtaining the various permits required, and design, construction and startup of the Expanded WWTF. It is anticipated that construction of the Expanded WWTF will commence in July 2000, with plant completion in May 2001. F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -28- • • CHAPTER 12. LIFT STATIONS AND INTERCEPTOR SEWERS 12.1 LIFT STATIONS GENERAL. The site for the Expanded WWTF requires two collection system lift stations and one finished effluent pump station, all of which will be built and owned by the District. The Valley lift station will be located as shown in Figure 6.1(a) (Chapter 6). This lift station will serve areas within Chenoa, the Lake Springs Ranch PUD and surrounding properties that will not be able to gravity flow to the Expanded WWTF. The Lower Bench lift station will serve the lower area of the Los Amigos Ranch PUD,, known as the Lower Bench, and will be located as shown in Figure 6.1(a). The effluent pump station will pump effluent from the WWTF to the surface water discharge point in the Spring Valley drainage. The Valley and Lower Bench lift stations and the effluent pump station will be built and financed in conjunction with and as part of construction of the WWTF and are included in the District's Site Application. The final plans have not been completed for the Chenoa and Lake Springs Ranch developments; therefore, the siting of homes and exact location of internal collection lines has not been finalized. The final location of the Valley lift station, and the exact number of units it will serve, therefore have not been determined to date. For purposes of Preliminary Design, it has been assumed that the lift station will serve the entire Lake Springs Ranch and Chenoa developments, as well as 100 EQRs of unallocated taps. Based on these assumptions, the lift station will have three 40 Hp pumps located in a wetwell/drywell type pump station. The discharge force main is anticipated to be 8" F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -29- size. Preliminary design calculations for the Valley lift station are attached as Exhibit 12.1. The final plans for the Lower Bench lift statio service area have not been finalized. The exact location of the pump station will be dependent on the final design of the service area. While the exact number of EQRs for the service area is not know at this time, it is anticipated that the approximate number will be 80 EQRs. The pump station will consist of two 30 Hp pumps located in a wetwell/drywell facility. Because of the relatively high head for the pump station, it is anticipated that positive displacement pumps will be used within the pump station. Preliminary design calculations for the Lower Bench lift station are attached as Exhibit 12.1. The effluent pump station will be an integral part of the expanded WWTF. It will pump only treated effluent from the treatment plant site to the discharge point. For purposes of the Site Application, the effluent pump station is considered part of the effluent disposal system and will not be submitted as a separate lift station. For reference, the effluent pump station will need to be capable of pumping the entire treated capacity of the expanded WWTF. Based on the capacity of 499,450 gpd, the effluent pump station will consist of three 150 Hp pumps. It is anticipated that the effluent pump station will be located integral with the WWTF itself. Preliminary design calculations for the effluent pump station are attached as Exhibit 12.1. F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -30- • • • 12.2 INTERCEPTOR SEWERS. Within the District's existing boundaries and the Prior Service Area, interceptor sewers service the existing development. The interceptor sewer associated with the Lower Bench area of the Los Amigos Ranch PUD will be the force main from the lift station to service that area. Likewise, the interceptor sewer associated with the Chenoa development and the Lake Springs Ranch PUD areas will be the force main of the Valley lift station. It is anticipated that a portion of the interceptor sewer for the Valley lift station system may be able to be installed as a gravity sewer line. In that case, there will be a gravity interceptor sewer associated with that facility. 12.3 LEGAL ARRANGEMENTS SHOWING CONTROL OF SITE OR RIGHT-OF- WAY. The District has secured control of the sites and rights-of-way necessary for the lift stations and interceptors under the terms and conditions of the Plant Development Agreement, attached as Exhibit 10.2 above (Chapter 10) . The parties to the Plant Development Agreement have agreed to dedicate all necessary easements for construction, operation, maintenance, repair, and replacement of all facilities associated with the Expanded WWTF, including easements for collection lines, outfall lines, lift stations, and drainage. The specific obligations of the parties to the Plant Development Agreement concerning such easements are more fully described in paragraph 11 (Easements) of Exhibit 10.2. F:\1999\Documents\SVSD-Site Application-Final.wpd September 28, 1999 -31- Exhibit 1.1 • Exhibit 4.1 • Exhibit 4.2 Exhibit 4.3 Exhibit 5.1 Exhibit 6.1 Exhibit 8.1 Exhibit 8.2 Exhibit 9.1 Exhibit 9.2 LIST OF EXIIIBITS Resolution No. , Board of County Commissioners, Garfield County, Colorado. Stipulation Between Spring Valley Sanitation District, Spring Valley Development, Inc., and Colorado Water Quality Control Division Daviddated Akesugust 9, 1999. dated September 21, Schmueser Gordon Meyer correspondence to 1999, including Ammonia Discharge Limit Memorandum from WWE dated September 7, 1999. Wright Water Engineers, Inc. correspondence to Lee Leavenworth, Esq. dated March 24, 1999. Spring Valley Sanitation District Design Calculations -Existing Facility Water Quality Management Plan for Region 11. Resource Engineering correspondence to Michael J. Liuzzi, P.E., dated July 31, 1997, including attachments. Hepworth-Pawlak Geotechnical, Inc. correspondence to Spring Valley Sanitation District, dated August 29, 1997, including attachments. Sanitary Sewage Lagoon Parcel Description Lease and Agreement between ColoradoMountain Junior College and Spring Valley Sanitation District, dated February 26, 19 Exhibit 9.3 Bill of Sale from Colorado Mountain Junior tCollege, ated Certification 25, Tax 800vies. Exhibit 10.1 Spring Valley Sanitation District 1999 Bug g Exhibit 10.2 Pre -Inclusion and Wastewater Treatment Plant Development Agreement. Exhibit 11.1 Spring Valley Sanitation District Schedule of Permits and Tasks. Exhibit 12.1 Lift Station/Pump Station Design Calculations. LIST OF FIGURES Existing Service Area, Spring Valley Sanitation District, dated December 8, 1998. Expanded Service Area, Spring Valley Sanitation District, dated December 8, 1998. Site Plan Existing Facilities, dated April 24, 1992. (a) District Site, Spring Valley Sanitation District, dated August 17, 1999. (b) Spring Valley Sanitation District, One Mile Radius, dated September 27, 1999. Figure 1.1 Figure 2.1 Figure 5.1 Figure 6.1 Table 3.1 Table 3.1 Table 3.3 Table 4.1 Table 10.1 Table 10.2 • Table 10.3 Table 10.4 LIST OF TABLES Spring Valley Sanitation District Existing Service Area (EQR basis). Spring Valley Sanitation District Expanded Service Area (EQR basis). Spring Valley Sanitation District Projected Land Use Buildout. Assumed Effluent Limitations. (a) Wastewater Treatment Facility - Oxidation Ditch. (b) Lift Station Estimate (District Site). (c) Lift Station Estimate (District Site). (d) Lift Station Estimate (Lower Bench) . Spring Valley Sanitation District Annual Operation and Maintenance Base Cost Summary. Spring Valley Sanitation District Capital, and Operation and Maintenance Cost Summary. Spring Valley Sanitation District Revenue Summary. • • • EXHIBIT 1.1 RESOLUTION NO. BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO A RESOLUTION OF THE GARFIELD AMENDED BOARD OF COMMISSIONERS APPROVING AN CE PLAN FOR THE SPRING VALLEY SANITATION DISTRICT WHEREAS, the Spring Valley Sanitation District ("District" or "Ploraonarfield County, Coo r")("Bhas ")for made application to the Board of County Commissioners ServicePlan purl ant to the p ovisions of C.R.S. §32-1- approval of the District's Amended 201, et seq., as amended; and WHEREAS, the District's Amended Service Plan was reviewed of tde Amenthe ded Garfield Pla P an Commission on March 24, 1999, which recommended approval to the Board with the condition that the District add certain languageand LLCmnded by Ga field d County's special counsel, Blake Jordan, Sherman and Howard, February 23, 1999; and WHEREAS, notice of a hearing before the Board on April 26,1999 was of general dulytionwuhlished the in the Glenwood Post and the Rifle Telegram, and written oice was given to the Petitioners, County, on April 6, 1999 as required by ,h the division of local government, and to the governing body ofin the next e eeacn a nicipear ality and special h hal district which has levied an hreedvalorem fhhe proposed special district boundaries; and boundaries within a radius of(3) miles WHEREAS, prior to the hearing, the District submitted to the Board information supplemental to the District's Amended Service Plan, and the original Ameinal nded S Amended isServicePlan and the supplemental information are hereinafter collectively the Plan"); and WHEREAS, the material constituting the Final Amended Service is referencei s that and Material Described Described in Exhibit A, attached hereto and incorporated herein y WHEREAS, the Board held a public hearing to consider the District's Fina al A ended Service Plan at a special meeting, with public notices required by law, on April whh was attended by the following: John Martin, Commissioner Chairman Larry McCown, Commissioner Walt Stowe, Commissioner Don DeFord, County Attorney F: \ 1999\Documents\S V SD -Reno. wpd Resolution No. Board of County Commissioners Page 2 of 9 Mildred Alsdorf, Clerk of the Board Ed Green, County Administrator; and WHEREAS, the Board has considered the recommendations of the Planning Staff and the Planning Commission, the District's Final Amended Service Plan, and all other testimony and evidence presented at the hearing; and WHEREAS, it appears that the District's Final Amended Service Plan should be approved subject to the condition recommended by Blake T. Jordan, Esq. set forth in Exhibit B, attached hereto and incorporated herein by this reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado: 1. That the Board of County Commissioners of Garfield County, Colorado does hereby determine that all of the requirements of C.R.S. §32-1-201, et seq., as amended, relating to the filing of an amended service plan for the Spring Valley Sanitation District have been fulfilled and that notice of the hearing was given in the time and manner required by law. 2. That the Board of County Commissioners of Garfield County, Colorado does hereby find and determine that: a. there is sufficient existing and projected need for organized service in the area to be serviced by the District; b. the existing service in the area to be served by the District is inadequate for present and projected needs; c. the District is capable of providing economical and sufficient service to the area within its proposed boundaries; d. the area to be included in the District has and will have the financial ability to discharge the proposed indebtedness on a reasonable basis; e. adequate service will not be available to the area through Garfield County or other existing municipal or quasi -municipal corporations, including existing special districts, within a reasonable time and on a comparable basis; F: \ 1999\Documents \SV SD -Reno. wpd • Resolution No. Board of County Commissioners Page 3 of 9 f. the facility and service standards of the District are compatible with the facility and service standards of Garfield County, and each municipality which is an interested party under C.R.S. §32-1-204(1); the District's proposal is in substantial compliance with the Master Plan adopted pursuant to §30-28-106, C.R.S.; h. the District's proposal is in compliance with any duly adopted county, regional, or state long-range water quality management plan for the area; and g. i, the approval of the District's Amended Service Plan will be in the best interest of the area proposed to be served. 3. That the Final Amended Service Plan for the Spring Valley Sanitation Tarer Esq ict is hereby approved, subject to the condition recommendedbyBlake q. set forth in Exhibit B. 4. That a certified copy of this Resolution be filed in the records of Garfield County and submitted to the Petitioner for the purpose of filing in the District Court of Garfield County. ADOPTED AND APPROVED this day of 1999. GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO ATTEST: By: Mildred Alsdorf, Clerk to the Board Upon motion duly made and seconded the foregoing resolution was adopted by the following vote: John Martin, Chairman John Martin - nay Larry McCowen - aye Walt Stowe - aye F: \ 1999\Documents\S V SD -Re so. wpd • Resolution No. Board of County Commissioners Page 4 of 9 CERTIFICATION STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) I, , Deputy County Clerk and ex -officio Clerk of the Board of County Commissioners, Garfield County, Colorado, do hereby certify that the above and foregoing is a true, correct, and complete copy of a Resolution adopted by the Board of County Commissioners of Garfield County, Colorado at a special meeting held on April 26, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Glenwood Springs, this day of 1999. F: \ 1999\Documents \SV SD -Reno. wpd Deputy County Clerk and ex -officio Clerk of the Board of County Commissioners, Garfield County, Colorado • Resolution No. Board of County Commissioners Page 5 of 9 Exhibit A SPRING VALLEY SANITATION DISTRICT FINAL AMENDED SERVICE PLAN 1. Spring Valley Sanitation District Amended Service Plan dated February, 1999 and prepared by Leavenworth & Tester, P.C. 2. Letter to Don DeFord from Loyal E. Leavenworth, , Amended atedarch Service Plan.11, 1999 regarding supplemental information for theDistrict's 3. Letter to Mr. Bob Szrot, P.E., County Engineer from Mr. Dean Gordon, P.E., dated March 9, 1999, responding to County Engineer Staff Memo. arch 11, 4. Letter to Lee Leavenworth, Esq. from Dean Amended Serdvoce PPlan, inn, P.E., cted luding ding the following 9, • regarding additional information to the Am enclosures: A. Spring Valley Sanitation District Connection to Roaring Fork Sanitation District, Opinion of Probable Cost, dated March, 1999. B. Spring Valley Sanitation District Valley Lift Station/Force Main, Opinion of Probable Cost, dated March, 1999. C. Spring Valley Sanitation District Wastewater Treatment Facility Oxydation Ditch cost estimate, dated February 22, 1999. D. Spring Valley Sanitation District Site Plan, Existing Facilities, and Proposed Tertiary Plant, dated March 10, 1999. 5. Letter to Mr. Dean W. Gordon, P.E. from Lynn Kimble, P.E., dated February 4, 1999, regarding preliminary effluent limits for Spring Valley Sanitation District. 6. Letter to Mark Bean from Gregory J. Hall, Esq., dated March 16, 1999, regarding letter to Leavenworth and Tester, P.C. from Larry Green on behalf of the Roaring Fork Water and Sanitation District, including the following enclosures: A. Letter to Loyal E. Leavenworth, Esq. from Lawrence R. Green Esq., dated February 25, 1999, on behalf of the Roaring Fork Water & Sanitation District. F: \ 1999\ Documents \S V SD-Reso. wpd • • Resolution No. Board of County Commissioners Page 6 of 9 B. Roaring Fork Water & Sanitation District Regular Meeting Minutes, October 28, 1998. 7. Letter to Commission Members from Loyal E. Leavenworth, Esq., dated March 24, 1999, regarding the Spring Valley Sanitation District Amended Service Plan, including the following enclosures: A. Wastewater Management Study - Lower Roaring Fork Planning Area prepared by WestWater Engineering, dated April 23, 1993. B. Portions of Aspen Glen Water & Sanitation District Service Plan. including Service Areas, prepared by Schmueser Gordon Meyer, Inc., Delaney & Balcomb, P.C., Hanifen-Imhoff, Inc., dated November, 1993. C. Letter to Loyal E. Leavenworth Esq. from Lawrence R. ., dated February 25, 1999, on behalf of the Roaring Fork Water& Sant ion Drict. D. Letter to Don DeFord Esq. from James S. Lochhead Esq., dated March 18, 1999, on behalf of Sanders Ranch Holding, LLC. E. Portions of Colorado Department of Public Health and Environment - Regulations for the Site Application Process, 5 C.C.R. 1002-22. F. Feasibility Study - Sanitary Sewer Connection to Aspen Glen Regional Wastewater Treatment Plant prepared for Colorado Mountain College by Meurer & Associates, dated October, 1995. G. Memo to Aspen Glen Water & Sanitation District Board from Louis Meyer, P.E., dated March 16, 1998, regarding Ultimate Wastewater Treatment Plant Capacity for Aspen Glen Water & Sanitation District. H. Memo to Lee Leavenworth from Ron Liston, dated March 24, 1999 regarding Comp Plan summary for Cattle Creek to County Line including Coulter Creek. I. Letter to Lee Leavenworth, Esq. from Michael J. Erion, P.E., dated March 24, 1999, regarding water re -use in the Spring Valley Area. J. Spring Valley Sanitation District Connection to Roaring Fork Sanitation District - Cost Comparison and Treatment Facility Location Options. F: \ 1999\Documents\S V SD-Reso. wpd • • • Resolution No. Board of County Commissioners Page 7 of 9 8. Letter to Mark Bean from Loyal E. Leavenworth, Esq., dated March 24, 1999, providing supplemental information to District's Amended Service Plan, including the following enclosures: A. Aspen Springs Ranch, Inc. Petition for Inclusion. B. Miriam M. Berkeley and Michael E. Berkeley Petition for Inclusion. C. Berkeley Family Limited Partnership Petition for Inclusion. D. Colorado Mountain Junior College District Petition for Inclusion. E. Auburn Ridge Apartments Petition for Inclusion. F. Colorado Pinon Pines, Ltd., Petition for Inclusion. G. Letter to Greg Boecker from Robert H. Spuhler, dated March 10, 1999, regarding Wastewater Treatment Plant Funding Commitment. F: \ 1999\Documents \S V S D -Reno. wpd • • • Resolution No. Board of County Commissioners Page 8 of 9 Exhibit B FINANCIAL OBLIGATIONS The District may authorize, issue, sell, and deliver such bonds, notes, contracts, reimbursement agreements, or other obligations evidencing or securing a borrowing (collectively, "Bonds") as are permitted by law; provided that, without the prior written consent of the County, the following limitations shall apply: 1. All Bonds, regardless of whether the District has promised to impose an ad valorem mill levy for their payment, shall be exempt from registration under the Colorado Municipal Bond Supervision Act, or shall be registered under such Act. 2. The principal amount of any issue of bonds for the payment of which the District promises to impose an ad valorem property tax ("General Obligation Bonds"), together with any other outstanding issue of General Obligation Bonds of the District, may not at the time of issuance exceed fifty percent (50%) of the valuation for assessment of the taxable property in the District, as certified by the assessor, except that the foregoing shall not apply to any of the following issues: (a) an issue of General Obligation Bonds for the payment of which the District has covenanted to impose a maximum mill levy of not more than 50 mills (a mill being equal to 1/10 of 1 cent) per annum; provided that, such General Obligation Bonds may also provide that in the event the method of calculating assessed valuation is changed after the date of approval of this Service Plan by any change in law, change in method of calculation, or change in the percentage of actual valuation used to determine assessed valuation, the 50 mill levy limitation herein provided may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that to the extent possible, the actual tax revenues generated by the mill levy, as adjusted, are neither diminished nor enhanced as a result of such changes; (b) an issue of General Obligation Bonds that is rated in one of the four highest rating categories by one or more nationally recognized organizations which regularly rate such obligations; F: \ 1999\Documents \S V SD-Reso. wpd • • • Resolution No. Board of County Commissioners Page 9 of 9 (c) an issue of General Obligation Bonds secured as to the payment of the principal and interest by an irrevocable and unconditional letter of credit, line of credit, or other credit enhancement issued by a depository institution qualified as defined in section 11-59-110(1)(e), C.R.S.; (d) an issue of General Obligation Bonds insured as to payment of the principal and interest by a policy of insurance issued by an insurance company qualified as defined in section 11-59-110(1)(f), C.R.S.; (e) an issue of General Obligation Bonds not involving a public offering made exclusively to "accredited investors" as defined under Regulation D promulgated by the federal Securities and Exchange Commission; an issue of General Obligation Bonds made pursuant to an order of a court of competent jurisdiction; an issue of General Obligation Bonds issued to the Colorado Water Resources and Power Development Authority which evidences a loan from said authority to the District; or (h) an issue of General Obligation Bonds which are originally issued in denominations of not less than $500,000 each, in integral multiples above $500,000 of not less than $1,000 each. F: \1999\Documents\SVSD-Reso. wpd EXHIBIT 4.1 BEFORE THE WATER QUALITY CONTROL COMMISSION • STATE OF COLORADO • STIPULATION BETWEEN SPRING VALLEY SANITATION DISTRICT, SPRING VALLEY DEVELOPMENT, INC. AND COLORADO WATER QUALITY CONTROL DIVISION IN THE MATTER OF PROPOSED REVISIONS TO THE CLASSIFICATIONS AND NUMERIC STANDARDS FOR UPPER COLORADO RIVER BASIN AND NORTH PLATTE RIVER (Regulation NO. 33) (5 C.C.R, 1002-33) WHEREAS, the Spring Valley Sanitation District ("District") has submitted a proposal to the Colorado Water Quality Control Commission ("Commission") for stream reclassification for a portion of Landis Creek, Spring Valley and Red Canyon (collectively "Spring Valley Drainage"); and WHEREAS, the Colorado Water Quality Control Division ("Division"), as staff to the Commission, has provided written comments in it Pre -Hearing Statement and Rebuttal Statement concerning the District's proposed stream reclassification; and WHEREAS, Spring Valley Development, Inc. ("SVD) obtained party status in support of the District; and WHEREAS, the District has completed a Use Attainability Analysis for the Spring Valley Drainage ("UAA") to determine the appropriate site-specific stream classification of the Spring Valley Drainage and has gathered additional factual data to provide the Commission with site-specific information necessary to determine the appropriate classification for the Spring Valley Drainage; and WHEREAS, the District, SVD and the Division have reviewed the information contained in the UAA and the additional factual data, discussed the parameters of an appropriate stream classification and have reached agreement concerning the appropriate classification of the Spring Valley Drainage; and WHEREAS, in order to assist in expedient resolution of the District's proposal before the Commission, the District, SVD, and the Division have agreed to formalize such agreement in this Stipulation before the Commission. NOW, THEREFORE, the District, SVD and the Division hereby stipulate as follows: • 1. The Spring Valley Drainage is currently included in the segment 3 of the Roaring Fork River sub -basin in Regulation No. 33, which is described as "Mainstem of the Roaring • BEFORE THE COLORADO WATER QUALITY CONTROL COMMISSION Stipulation Between Spring Valley Sanitation District and the Colorado Water Quality Control Division Page 2 of 3 Fork River, including all tributaries, wetlands, lakes and reservoirs from a point immediately below the confluence with Hunter Creek, to the confluence with the Colorado River except for those tributaries included in Segment 1 and specific listings in Segments 4 through 10)." Under the current classification and standards for segment 3, the Spring Valley Drainage is classified as aquatic life class 1, cold water, recreation class 1, water supply and agriculture. The Spring Valley Drainage is currently subject to a chronic unionized ammonia standard of 0.02 mg/L and a 2,000/100 ml fecal coliform standard. 2. The existing aquatic life class 1 classification was established with no site-specific information about the Spring Valley Drainage, and does not reflect the actual uses of the Spring Valley Drainage. The UAA and additional data provided by the District demonstrates that natural conditions prevent the attainment of the class 1 use, and the current classification is inappropriate and is more stringent than is necessary to protect the aquatic life in the Spring Valley Drainage. See Regulation 31.6(2)(b)(ii) and C.R.S. 25-8-207. 3. Based upon the data contained in the UAA and the additional information provided by the District, all of which has been submitted in the record before the Commission, the • District, SVD and the Division agree that a portion of the Spring Valley Drainage to be identified as segment 3a should be classified as aquatic life class 2, cold water, and recreation class 2. Such reclassification should designate a new stream segment 3a as follows: "Mainstem of Red Canyon and all tributaries, wetlands, lakes and reservoirs from the source to the confluence with the Roaring Fork River, except for Landis Creek from its source to the Hopkins Ditch Diversion." 4. The District, SVD and the Division agree that Landis Creek above the Hopkins Ditch point of diversion should remain classified as aquatic life class 1 and recreation class 1 as part of stream segment 3. The description of segment 3 should be modified to read: mainstem of the Roaring Fork River, including all tributaries, wetlands, lakes and reservoirs form a point immediately below the confluence with Hunter Creek, to the confluence with the Colorado River except for those tributaries included in Segment 1 and specific listings in segments 3a, 4 through 10. 5. The District, SVD and the Division agree that segment 3a should include modification of two site-specific standards as follows: a. 0.1 mg/L for unionized ammonia (chronic); and b 200/100 ml for fecal coliform bacteria. 6. The District, SVD and the Division agree that upon reclassification of the Spring Valley Drainage as aquatic life class 2, cold water, and recreation class 2, the Commission • • • BEFORE THE COLORADO WATER QUALITY CONTROL COMMISSION Stipulation Between Spring Valley Sanitation District and the Colorado Water Quality Control Division Page 3 of 3 should designate segment 3a as "use protected" under the provisions of Regulation 31.8(2)(b)(i). Respectfully submitted this 9th day of August, 1999. LEAVENWORTH & TESTER, P.C. Attorneys for Spring Valley Sanitation District By Loya . L av worth, Esq., # Gre _ory J ' all, Esq., #27317 101 d Avenue P.O. Drawer 2030 Glenwood Springs, CO 81602 Phone:(970)945-2261 Fax: (970)945-7336 By COLORADO WATER QUALITY CONTROL DIVISION avid Holm, Director Water Quality Control Division Colorado Department of Public Health and Environment HOLLAND & HART, LLP Attorneys for Spring Valley Development, Inc. �.I stophe L. Thorne, Esq., #20003 555 - 17`h Street, Suite 3200 P.O. Box 8749 Denver, CO 80201 Phone: (303)295-8000 Fax: (303)295-8261 (970) 945-1004 FAX (970) 945-5948 ENGINEERS SURVEYORS SGM SCHMUESER GORDON MEYER 118 West 6th, Suite 200 Glenwood Springs, CO 81601 September 21, 1999 EXHIBIT 4.2 Mr. David Akers Colorado Department of Public Health and Environment 4300 Cherry Creek Drive, South Denver, Colorado 80222-1 530 RE: Proposed Spring Valley Sanitation District. Dear Mr. Akers: The Spring Valley Sanitation District (SVSD) is planning to submit a Site Application for a new wastewater treatment facility in the Spring Valley drainage in the very near future. The plant will have a capacity of 0.499 mgd. The proposed plant will be designed to meet applicable effluent limits. The Spring Valley drainage at the discharge point was recently made into Segment 3a of the Roaring Fork River basin and classified for class 2, cold water aquatic life and class 2 recreation at the Colorado Water Quality Control Commission hearing on August 9, 1999. Use protection was also granted so the anti - degradation standards do not apply' site-specific of form standard was also adopted monia standard of 0.1 for Segment 3a /L un -ionized ammonia (chronic) and a 200/100m1 for fecal at this hearing. We request that the Colorado Water Quality Control Division (WQCD) determine preliminary effluent limits for the SVSD facility. It is our understanding that it is appropriate to use temperature and pH data representative of the effluent to calculate the discharge limits, since there is little or no flow in the drainage below the discharge point during most of the year. Our consulting engineers, Wright Water Engineers, have, to assist in preliminary design, undertaken an analysis of potential ammonia limits, a copy of which is enclosed for your convenience. They would be happy to discuss their work with you. Sincerely, Schmueser Gordon Meyer, Inc. Dean Go cc: Dave - .n, Wright Water Engineers Greg Boecker, SVSD Lee Leavenworth, Esq. Lynn Kimball, CDOPHE, Permits and Enforcement Section DWG:lg 1503.Akerslet • • VW -if MEMORANDUM To: Greg Boecker Spring Valley Sanitation District From: Wright Water Engineers, Inc. Dave B. Mehan and Jane Clary Date: September 7, 1999 Re: Recalculation of Total Ammonia Discharge Limits for Spring Valley Sanitation District Based on the outcome of the August 9, 1999 hearing before the Colorado Water Quality Control Commission (CWQCC), we have recalculated potential ammonia discharge limits for the proposed Spring Valley wastewater treatment plant (WWTP). Ammonia limits were calculated on a monthly basis using the following assumptions: L Instream un -ionized ammonia standard is 0.1 mg/L (chronic) with no anti -degradation review as a result of use protection established for Segment 3a. 2. Temperature and flow values for both instream flows and WWTP effluent are identical to those used by the Colorado Water Quality Control Division (CWQCD) in their April 26, 1999 Colorado Ammonia Model (CAM) run. 3. Instream pH values used are identical to those used in the CWQCD April 26, 1999 CAM run. 4. The effluent pH values used are based on representative pH data from several high altitude WWTPs, including the Copper Mountain Consolidated, Blue River and Irwin Lodge facilities. The pH values for these facilities were obtained from discharge monitoring report (DMR) data provided by the CWQCD. The maximum pH value reported on the DMR was used in developing a monthly average for each WWTP. Monthly averages for each WWTP were then averaged to obtain an overall monthly pH value for use in the ammonia calculations. The pH data are shown in Table 1. As shown in Table 1, the monthly pH values used ranged from 6.6 to 7.25. We anticipate you will be able to control pH values in a range of 6.5 to 7.0 through chemical addition as needed; therefore, these values are reasonable for use in calculating ammonia limits. Wright Water Engineers, Inc., 2490 W. 26'" Avenue, Ste. 100A, Denver, CO 80211 Tel. 303/480-1700; Fax. 303/480-1020, e-mail:krwright@wrightwater.com • • Memorandum to Greg Boecker September 7, 1999 Page 2 Table 2 contains the ammonia discharge limits, based on the above assumptions. As this table shows, the monthly total ammonia limits for the WWTP discharge range from 27 to 76 mg/L. These limits do not account for ammonia degradation, which is included in the CWQCD's CAM run. Use of the CWQCD's model assumptions would result in less stringent ammonia discharge limits; therefore, the aforementioned monthly limits are conservative. Feel free to call us with any questions or comments. cc: Lee Leavenworth, Leavenworth and Tester Dean Gordon, Schmueser Gordon Meyer Attachments C:\991-056\000ard\ammonia2.doc Wright Water Engineers, Inc., 2490 W. 26'" Avenue, Ste. 100A, Denver, CO 80211 Tel. 303/480-1700; Fax. 303/480-1020, e-mail:krwright@wrightwater.com Table 1 Calculation of Representative Monthly Effluent pH Values Based on Maximum pH Reported in DMRs for Blue River, Copper Mountain and Irwin Lodge Blue River WWTP Outfall 0016 Blue River WWTP Outfall 001 C Overall Average Year 1 Year for Blue River Blue River WWTP Outfall 001A 1 r t Month Year 1996 1997 1998 1999 Average 1 6.57 6.6 6.8 6.66 2 6.59 6.7 6.8 6.70 3 4 5 6.6 6.60 6 6.6 6.60 7 8 6.47 6.8 6.5 6.59 9 6.41 6.6 6.6 6.54 10 6.48 6.58 6.6 6.55 11 6.52 6.6 6.7 12 6.58 6.6 6.7 6.61 6.63 1996 1997 1998 1999 Average 6.62 6.7 6.6 6.6 6.7 6.7 6.6 6.67 6.63 6.60 6.57 6.6 6.59 6.66 6.7 6.7 6.69 1996 1997 1998 1999 Average 6.67 6.67 Average 6.66 6.70 6.67 6.63 6.62 6.60 6.69 6.59 6.54 6.55 6.61 6.63 r Mountain Consolidated Outfall 001A Month Year 1999 1996 1997 1998 Average 1 7.5 7.4 6.9 7.27 2 7 6.8 6.9 6.90 3 7 6.9 7.4 7.10 4 7 7 6.5 6.83 5 7.3 6.9 6.6 6.93 6 7 7.3 6.8 7.03 7 7 7.3 7 7.10 8 6.8 7.1 7 6.97 9 7.2 7 6.7 6.97 10 7 7 7.1 7.03 11 7 7.2 7 7.07 12 7 7.1 7.1 7.07 Irwin Lodge WWTP (1998/99) Month pH 1 6.9 2 7.5 3 7.97 4 5 6 6.2 7 8 7 9 7.2 10 11 12 6.8 Average Monthly pH Values for Use at Spring Valley Based on the Average of Max pH Values Reported at these WWTPs 6.94 7.03 7.25 6.73 6.78 6.61 6.89 6.85 6.90 6.79 6.84 6.83 jkc d:\991-999\056jkc\ Wright Water Engineers, Inc. SPRING-1.xls pH Estimates 08/24/1999 10:55 AM Des. by: jkc • 10 0 �a E 0 E a 0 0 0 u 0 .m. m R e 3 m F- N 10 0 03 0 0 c C N O C O m m 0 • Y a LL as c E � o m . a r " c c 0. C o a 0 0 0 0 O CO 0' co N 0 O co T 0) O m 0 0 O on at 01 0 0 O 0 z 0 0 0 0 ai N 0 N F,s :i rn O 0 0CO 00 O v 0 0 l"I Of 0 0 0 rn 0 O of 0 H 0 0 O CO ai 0 CI N m 0 N O 03 ai ti rn CI O O03 N (0 ai CO N rn 0 O 0 m 0) 0 CO 0 O 0 O co 0, sr O 0 0 0 0 CO 0 0 0 0 0 CO 0 0 0 0 0 0 CO 0 sr r O 0 0 0 0 0 0 o_ 0 0 O m 0 0 O O 0 0 0 CO 0 O 0 sr r O 0 0 O CO 0 O O 0, O 0 0 0 CO 0 0, O 0 0 0 0 0 m 0 0 M O O O 0 0 0, O O 0 O 0 n0 0) O 0 0 0 0 0 0 0 0 O 0 0 0 0 CO 2 5 0 0 N 8 Supporting Information 0 E 4- V U 0 4 0 E 1- O LL 4 0 m m TA U E /- 2 0 n O Ta: U a E 1- 2 0. U r 0 a 4, 0 n 0 0 03 m N x 0_ 0 x 0. CO 0 0 O 0 O LL n 0 0 CO 0 0 n 0 0 2 0 0 0 n 0 al 0 0- N 0 O n 0 m 0 N 0 O 00a! m co m 0, m 0 0 O 0 O n 0 m eo ai 0 0 r c-- 0 0 m m 0 m sr O 0 n O ai 0 0 07. m 0 m 0 O. to (0 0 0 m !"7. 0 0 0 r 0 70. m m 0 sr r 0 0 on 0 07 O an m 0 0 r n 0 0 n a 0 0 m m m m m m m m m 111'11'1'1,1111,1'1, w a 1 c a 0 = m O U a U a 0 Y u v t n c 00 0 0 N 0 O' 0 DO m m u C V 9 N > L cmi c o n o S° c a 3 �°EEOm Ha m 9 0 'g E y o m° E 3 c m 9 m A v E E 4' c ;21;;; 2 mv°mD mm A V ce 1251<0 2 2 0 0 0 L° m m F- 90 1°6°.',% LLa N > 0 n m 0 u 0f NN0) E 3 adC2 N b N . =o 2 3 U U N l'1 Q w a 1 c a 0 = m O U a U a 0 Y u v t n c 00 0 0 N 0 O' 0 DO m m u C V 9 N > L cmi c o n o S° c a 3 �°EEOm Ha m 9 0 'g E y o m° E 3 c m 9 m A v E E 4' c ;21;;; 2 mv°mD mm A V ce 1251<0 2 2 0 0 0 L° m m F- 90 1°6°.',% LLa N > 0 n m 0 u 0f NN0) E 3 adC2 N b N . =o 2 3 U U N l'1 Q 1%WA Wright Water Engineers, Inc. 818 Colorado Ave. P.O. Box 219 Glenwood Springs. Colorado 81602 (970) 945-7755 TEL (9701 945-9210 FAX (303) 893-1608 DENVER DIRECT LINE EXHIBIT 4.3 Lee Leavenworth, Esq. Leavenworth & Tester, P.C. P.O. Drawer 2030 Glenwood Springs, Colorado 81601 RE: Spring Valley Sanitation District Service Plan Amendment Dear Lee: March 24, 1999 At the request of our client, Aspen Springs Ranch, Inc., this letter outlines a significant water resources issue related to the proposed Spring Valley Sanitation District (SVSD) Service Plan Amendment. The issue for the Spring Valley basin is preserving and re -using water resources within the basin versus exporting water from the basin in the form of wastewater to be treated at the Roaring Fork Water and Sanitation District treatment plant located adjacent to the Roaring Fork River. It is our understanding that the currently proposed development projections for the Spring Valley area would require a 0.55 million gallons per day (mgd) wastewater treatment facility and the current Garfield Comprehensive Plan projections for ultimate buildout would require a 1.5 mgd facility. The export of water and savings of in -basin water is summarized in the table below. The values expressed are in acre-feet and show the impacts and savings under both the proposed anticipated density (the 0.55 mgd plant) and the existing comprehensive plan density (1.5 mgd plant). The savings is related to water re -used for irrigation during the summer and a portion of the winter discharge that would recharge the Spring Valley aquifer. DENVER (303) 480-1 700 DURANGO (970) 259-741 1 BOULDER - (303) 473-9500 Exported Water Roaring Fork Water and Sanitation District Option Water Savings from In -Basin Discharge Spring Valley Sanitation District Option 0.55 mgd 1.5 mgd 0.55 mgd 1.5 mgd Annual Basis AF 616 AF 1,680 AF 370 AF 1,008 AF Over a 20 -Year Period 12,320 AF 33,600 AF 7,400 AF 20,160 AF Over a 50 -Year Period 30,800 AF 84,000 AF 18,500 AF 50,400 AF DENVER (303) 480-1 700 DURANGO (970) 259-741 1 BOULDER - (303) 473-9500 Lee Leavenworth, Esq. Leavenworth & Tester, P.C. • March 24, 1999 Page 2 • The effluent from the Spring Valley Sanitation District facility will be re -used for irrigation of golf courses and open space at the Spring Valley Ranch P.U.D. and/or other developments in the Spring Valley area such as the Kendall Ranch, Lake Springs Ranch, and Los Amigos Ranch. The 0.55 mgd facility will irrigate approximately 150 acres and the 1.5 mgd facility could irrigate approximately 420 acres based on a sprinkler system application of 2 acre-feet per acre. The Spring Valley Ranch P.U.D. alone proposes approximately 400 acres of golf course and open space irrigation and it is the developer's intent to re -use effluent from the SVSD. Additionally, it is conservatively estimated that 20 percent of the winter effluent discharge would infiltrate and recharge the Spring Valley aquifer and 80 percent would flow down Red Canyon to the Roaring Fork River. Please call if you have any questions. Very truly yours, WRIGHT WATER ENGINEERS, INC. By: MJE/dlf 931-004.010 Michael J. Eon, P.E. Water Res rces Engineer cc: Anne Castle, Esq., Holland & Hart, L.L.P. Chris Thorne, Esq., Holland & Hart, L.L.P. Bill Sargis, Aspen Springs Ranch James DeFrancia, Lowe Enterprises Community Development Corporation Charles Fancher, Jr., Fancher Management Group, Inc. • • o EXHIBIT 5.1 SPRING VALLEY SANITATION DISTRICT DESIGN CALCULATIONS - EXISTING FACILITY A. Equations/Assumptions 1. kt = k20 O T-20 k20 = BOD removal rate @ 20°C, 0.5 day -1 0 = Temp. Coefficient, 1.05 2. C sw = (B) (Css) (P) = 02 Conc. in Wastewater B = Saturation Conc. of 02 in wastewater Saturation Conc. of 02 in clean water = 0.90 Css = 02 saturation of tap water at wastewater temperature P = Barometric Pressure @ site = 23.38 = 0.78 Sea Level Pressure 29.92 3. R = a x Csw-C1 X 1.025T-2° Cs R = Correction Factor = FTR CWTR FTR = Field Transfer Rate, # 02/Hp-hr CWTR = Clear Water Transfer Rate, # 02/Hp-hr a = 0.90 Csw = See above in (2) CI = 02 Conc. to be maintained in wastewater = 2 mg/I Cs = 02 Conc. @ std. conditions, 9.17 mg/I T = Wastewater Temp., °C 1 503a08.EQA DWG- 12/98 1 • • • 4. Lc=Lo 1 1 + kT t Le = Effluent BOD, mg/I Lo = Influent BOD, mg/I kT = BOD removal rate @ Wastewater Temp., day -1 t = Detention Time, days Solving for t: t = Lo/Le -1 kt 5. # 02/hr = BODr x 8.34 x Q x 02 x CWTR x 1 #BOD FTR 24 # 02/hr = Pound 02 Required per hr @ Standard Conditions BODr = BOD removed, mg/I Q = Flow Rate, mgd #02/#BOD = 02 required per unit BOD removed CWTR/FTR = 1 /R = 1 /Correction Factor 6. Hp = # 02/hr = # 02/hr = Hp CWTR # 02/Hp-hr 7. Other Assumptions (a) Tw = Estimated Winter Temperature = 40°F = 4.4°C (t of Wastewater) Ts = Estimated Summer Temperature = 60°F = 15.5°C (b) Influent BOD = 225 mg/I (c) Effluent BOD = 30 mg/I (d) CWTR = 3.0 #02/Hp-hr (e) #021# BOD = 1 .25 (f) Single -cell aerated lagoon (g) Mixing Horsepower = 6-10 Hp/MG 1 503a08.E QA DWG- 12/98 2 • • • Calculations kT + k20 OT -20 2. Csw = (b) (css) (P) Winter Summer k4.4=0.5x1.05 4.4-20 k 15.5 = 0.5 x 1.0515.5-2 = 0.23 d-1 = 0.40 d-1 Csw = (0.9)(12.98)(0.78) Csw = (0.9)(10.4)(0.78) = 9.1 1 mg/I = 7.30 mg/I 3. R = < x Csw - 01 x 1 .025 T-20 R = .9 x 9.11-2.0 x 1 0254.4-20 R = .9 x 7.30 - 2.0 9.17 9.17 = 0.475 = 0.465 1/R=2.10 1/R=2.15 4. Pond Volume Sideslope = 3:1 Dimensions at water surface elevation of 6664' : 173 x 155 Total depth: 1 2' V = (173)(36)(155-36) x 12' x 7.48 gal/cf V = 137 x 119 x 12 x 7.48 V = 1.46 MG 1 503a08.EQA DWG- 12/98 3 • • • 5. Design Flow Winter Summer t = Lo 1 t = Lo - 1 Le Le kt kt = 225 -1 = 225 -1 30 30 0.23 0.40 t = 28 days t = 16.25 days Q=v/t Q=v/t = 1 .46 MG/28 days = 1.46 MG/16.25 days Q = 0.052 MGD Q = 0.090 MGD 6. Biological Oxygen Requirements # 02/hr = BOD, x 8.34 x Q X #02_ X CWTR x 1 #BOD FTR 24 Winter # 02/hr = (195)(8.34)(.052)(1.25)(2.10)(1/24) = 9.24 Summer # 02/hr = (206.6)(8.34)(0.052)(1.25)(2.15)(1/24) = 10.03 7. Hp Required for Mixing = 6 to 10 Hp.MG Minimum Hp = 1.46 x 6 = 8.8 Hp 1 503a08.EQA DWG- 12/98 4 8. Hp Required for Oxygen Transfer • Winter Summer Hp = 9.24 =3+Hp Hp=10.03= 3.5 Hp 3 3 • • 9. Hp Required Existing 7.5 hp aerator sufficient; aerator will be 15% under designed for complete oxygen dispersion. Because unit is 250% over designed for treatment, it is not expected that the quality of treatment will diminish. The corners of the lagoon may not maintain the design 2.0 mg/I dissolved oxygen from the aerator but, due to the shallow depth along the sides, wave action will offset the effects of the aerator. 1 503a08.EQA DWG- 12/98 5 WATER QUALITY MANAGEMENT • PLAN FOR EXHIBIT , REGION 11 Garfield,Mesa, Moffat, Rio Blanco Counties, Colorado • Moffat Rio Blanco Garfield Mesa COLORADO REC I\1 ED gFP 1 6 •GS WQCD-Droctcr's 0 Prepared by: Colorado Department of Health Water Quality Control Division In cooperation with Associated Governments of Northwest Colorado • ' LP L i Point Sources in Garfield County Municipal Point Sources Municipally owned wastewater facilities are in generally good condition in Garfield County. During the late 1970s and through the early 1980s concern for projected growth emanating from the energy industry led to expansion or construction of new wastewater facilities in most municipalities. As a result most wastewater facilities are fairly new and in good operating condition. The following municipalities have completed construction for new facilities in the past five years: Glenwood Springs, New Castle, Silt, Rifle, and Rifle South Metropolitan District. The Town of Parachute receives treatment through the Battlement Mesa Incorporated facility which has also been constructed in the past five years. Adequate capacity for treatment of future growth exists in all of these facilities. The most critical municipal point source needs in Garfield County relate to planning needs for the Spring Valley area. This area, to the southeast of Glenwood Springs, has several proposed developments and sanitation districts. The Lake Valley Sanitation District and the Landis Sanitation District should work in conjunction with Garfield County, and other local developers to determine the scope of development concerns, and the best means of sewage treatment and disposal in the Spring Valley area. This planning effort should analyze populations, consolidation of facilities and treatment requirements for the Spring Valley area. This plan recommends that facility siting efforts should be delayed, and any site approvals withheld until such an analysis and study is completed. Non -municipal Point Sources in Garfield County Currently non -municipal point sources do not present a threat to water quality in Garfield County. The Battlement Mesa Incorporated facility, which serves the Town of Parachute, as well as the Battlement Mesa development, is currently operating a lagoon treatment facility rather than the activated sludge treatment facility constructed in 1982. This system is much less complicated and less expensive to operate than the mechanical facility. The H Lazy F Mobile Home Park facility has experienced some problems in the past; improved operations have solved these problems. This facility is also located in the bottom of the drainage that both the Colorado Mountain College facility and proposed Spring Valley developments are located within. Inclusion. of this facility in any study efforts for the Spring Valley area would be wise. kRRR■ u••..• ....R E S O U R G E •R•R•E N G I N E E R I N G I N C. • Mr. Michael J. Liuzzi, PE WQCD-GW-B2 4300 Cherry Creek Drive South Denver, CO 80222 - 1530 RE: Spring Valley Sanitation District Dear Mr. Luizzi: July 31, 1997 EXHIBIT 8.1 The Spring Valley Sanitation District (District) recently commissioned a geophysical investigation of the District's exfiltration pond site. The purpose of the investigation was to characterize the location and direction of ground water flow at the site in order to develop a ground water monitoring program for the ponds. This letter transmits a copy of the report prepared by Microgeophysics Corporation (MGC), summarizes their findings, and presents suggested locations for ground water monitoring wells based on the findings. The District requests your input on the proposed monitoring well plan prior to committing to construction of the monitoring wells. In summary the geophysical investigation provided excellent data of the sub -surface conditions enabling a good characterization of the the ground water conditions at the site. The site and ground water characteristics determined from the investigation are: • 1) The valley fill (alluvial / colluvial) deposits are uniformly deposited in a "crescent" shape across the site (north to south) and extend to a depth of 50' to 75' in the center of the swale (approximately where the ponds are). The valley fill deposits are underlain by basalt. The contact between the basalt and the underlying Eagle Valley Evaporite formation was not determined. 2) The ground water flow is relatively uniform across the site rather than flowing in a defined channel or channels. 3) There is a ground water mound centered beneath Pond # 1 and Pond #2. 4) There is ground water flow toward Pond #1 and Pond #2 from the direction of the Colorado Mountain College campus to the north. This flow component coincides with the small surface drainage that enters the site from the north. This ground water flow is from up gradient and, therefore, not influenced by exfiltration from the lagoons. These finding are presented on a generalized ground water piezometric head map developed in consultation with Phil Series, Senior Geophyscist with MGC. The map is enclosed as Figure 1. The extent of the relative piezometric contours shown on Figure 1 is limited to the area covered by the geophysical investigation, however, the geophysical results, together with knowledge of the regional topography and recharge areas can be used to estimate the regional ground water characteristics. It is our opinion that the regional ground water gradient is generally consistent with the Consulting Engineers and Hydrologists 909 Colorado Avenue ! Glenwood Springs, CO 81 601 ■ (970) 945-6777 ■ Fax (970) 945-1137 • • • Mr. Michael J. Liuzzi, PE July 31, 1997 Page No. 2 surface topography. Ground water flows from Northeast to Southwest generally consistent with the topography of District's pond site. The exfiltration ponds create a localized anomoly in this regional flow as does recharge from the CMC campus area. Based on the geophysical data and these observations ground water monitoring well locations have been selected. Monitoring Well Program Monitoring well locations have been selected that will monitor the impact of the exfiltration ponds on the ground water. Two wells are proposed: an up -gradient well and a down -gradient well. The up -gradient well is proposed north of the exfiltration ponds, in the area where ground water flow was identified moving toward the lagoons. The down gradient well will be located west of the lagoons, near the bottom of the swale, at the boundary of the area controlled by the SVSD. The actual location of the well is expected to be further west than shown on attached Figure 1 to allow room for the proposed pond Nos. 4 and 5. The proposed monitoring well design is attached as Figure 2. We are looking forward to your reply. Sincerely, RESOURCE ENGINEERING, INC. John M. Currier, PE Water Resources Engineer JMC/jmc File 640-1.0 fae8401MGCttansmit cc: Greg Boecker, SVSD Dean Gordon, SGM RESOURCE ■mmm■ F N G i N E E A i N G N C \ \ \ 0LJ 1— 1— wo o Z 0 0 c 0 0 JULY, 1997 0 0 0 z co 0 1.1.1 u Et Ow uz1 LI 6 rvZ LL 0 ce L°> 0 oz NJOW La ct 0_ (i) mu' z 1-0,30 'w LL4 ZazIM 0 0M P300 <0 U., Ru.1-0 < z CC < < • (..) Cr ,75 0 l7) 0. I- 41,, • M - r l4.1 La (f) Ctua -x41 zot67 oci 0 25tv 651 22c z ›- 0 Ct01-- 0 -Le 51, tcr. 0 •Lu 0.20. -Ce N3u-, I Li0^CC 0-Z65.-0 ta 0 !Ai z CC 0 2 1.' 8' 20' VARIABLE 20' 20' HINGED LOCKING CAP VENTED PVC CAP BENTONITE SEAL V 7" OSTEEL SURFACE CASING 8'f BENTONITE SEAL EXTEND 20' BELOW BOTTOM OF SURFACE CASING. 4"0 THREADED, FLUSH JOINT PVC. COLORADO SILICA SAND (SIZE 10-20) #20 SLOT FACTORY PERF. PVC SCREEN. EXTEND 20' ABOVE AND BELOW WATER TABLE. FIGURE 2 MO\ITOI\G WELL SPRING VALLEY SANITATION DISTRICT JOB NO. 640-1.0 l JULY, 1997 RESOURCE ENGINEERING . INC J HEPWORTH-PAWLAK GEOTECHNICAL, INC. 5020 Road 154 Glenwood Springs, CO 81601 Fax 970 945-8454 Phone 970 945-7988 • August 29, 1997 Spring Valley Sanitation District Attn: Greg Boecker 2929 County Road 114 Glenwood Springs, Colorado 81601 '' -' ;' _' ' EXHIBIT 8.2 Job No. 197 215 Subject: Subsoil Study for Proposed Percolation Ponds, Spring Valley Sanitation District, Garfield County, Colorado Dear Mr. Boecker: As requested by Dean Gordon, we performed additional subsurface exploration and laboratory testing for design of the proposed ponds. The study was conducted in accordance with our agreement for geotechnical engineering services with Spring Valley Sanitation District dated April 2, 1997. We previously performed percolation testing at the subject site and presented our findings in a report dated April 21, 1997, Job No. 197 215. The data obtained and our recommendations based on the proposed construction and subsurface conditions encountered are presented in this report. Proposed Construction: Two ponds, each about 150 feet by 150 feet in plan size and about 60 feet apart, are proposed immediately to the west of the existing plant facilities, see Fig. 1. The new ponds will be for disposal of effluent by percolation, similar to existing Ponds 2 and 3. Cut and fill sections will be used to create a maximum pond depth of about 8 feet, similar to the existing ponds. We understand that the current treatment capacity is believed to be on the order of 30,000 gallons per day and that percolation pond 2 is relatively ineffective. If site development plans change significantly from those described above, we should be notified to re-evaluate the recommendations presented in this report. Site Conditions: The proposed pond site consists of gently rolling terrain with an overall slope down to the south. Vegetation consists of sagebrush, grass and weeds. Subsurface Conditions: The subsurface conditions at the site were evaluated by drilling 3 exploratory borings (Borings 5, 6 and 7) at the approximate locations shown on Fig. 1. Six backhoe pits had previously been dug for the percolation testing. The logs of the borings and the pits are presented on Figs. 2 and 3. Borings 1-4 were drilled for moisture content adjacent to Pond 2 with the results presented in our report dated April 15, 1997, Job No. 197 215. The subsoils for the current study were sampled by driving a spoon sampler at selected intervals into the native soils as described on Figs. 2 and 4. The subsoils encountered, below about 1 to 2 feet of topsoil, consist of very stiff plastic clay to depths of about 5 to 11 feet where calcareous clay and basalt gravel was • Spring Valley Sanitation District August 29, 1997 Page 2 encountered. The subsoils graded to more basalt fragments in a sandy clay and silt matrix at depths of about 9 to 19 feet that extended to the maximum depths drilled of 16 to 24 feet. The subsoils were typically slightly moist and no free water was encountered. Laboratory testing performed on samples taken from the borings include natural moisture content and density, liquid and plastic limits, finer than sand size gradation (minus No. 200 sieve), pH and total soluble salts. The results of permeability tests performed on relatively undisturbed drive samples indicate the upper clays are relatively impervious (1.5x10.8 cm/sec) and the calcareous subsoils are semi -pervious (2.7x10-5 and 9.1 to 10' cm/sec). Chemical test results indicate the subsoils are basic and have moderate soluble salt contents. The laboratory test results are summarized in Table I and in the appendix. The percolation rates from the previous testing, presented in Table II, generally indicate the upper clays have rates between 40 to 120 minutes per inch and the underlying calcareous soils have rates between 10 to 20 minutes per inch. These rates are generally consistent with the permeability test results. Conclusions and Recommendations: The upper clay soils encountered to depths between about 5 to 11 feet are relatively impervious and ponds based in these soils would be expected to have relatively low exfiltration rates. The ineffectiveness of percolation pond 2 could be due to these clay soils. The calcareous subsoils should have much higher exfiltration rates compared to the upper clays. Based on the permeability test results of 2.7x10-5cm/sec for the calcareous soils and a pond depth of 8 feet, we estimate an exfiltration rate of 1 gallon per day per square foot of pond bottom for the long term steady state condition. For a pond size of 150 feet by 150 feet, this rate would result in a capacity of about 20,000 gallons per day. The actual rate will likely vary depending on the pond depth, configuration and subsoil conditions. The calculated rate is for the measured soil properties and other affects such as chemical changes of the soil properties and septic conditions have not been considered. We expect that acidic effluent could increase the permeability of the alkaline subsoils and that periodic draining and cleaning will remove slimes. Limitations: This study has been conducted in accordance with generally accepted geotechnical engineering principles and practices in this area at this time. We make no warranty either expressed or implied. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory borings and pits located as indicated on Fig. 1 and to the depths shown on Figs. 2 and 3, the proposed type of construction, and our experience in the area. Our findings include interpolation and extrapolation of the subsurface conditions identified at the exploratory borings and H P GEOTECH • Spring Valley Sanitation District August 29, 1997 Page 3 pits and variations in the subsurface conditions may not become evident until excavation is performed. If conditions encountered during construction appear different from those described in this report, we should be notified at once so re-evaluation of the recommendations may be made. This report has been prepared for the exclusive use by our client for design purposes. We are not responsible for technical interpretations by others of our information. As the project evolves, we should provide continued consultation and field services during construction to review and monitor the implementation of our recommendations, and to verify that the recommendations have been appropriately interpreted. Significant design changes may require additional analysis or modifications to the recommendations presented herein. We recommend on-site observation of excavations and testing of structural fill by a representative of the geotechnical engineer. If you have any questions or if we may be of further assistance, please let us know. Sincerely, • HEPWORTH - PAWL Steven L. Pawlak, P. • Reviewed By: Daniel E, Hardin, P.E. SLP/kw/ro attachments cc: Schmueser Gordon Meyer - Attn: Dean Gordon H -P GEOTECH 6670 1 1 ► 1 I 11 • \ \ \ •\ • • • 6670 PIT 5 • BORING 7 ( PIT 6 \ PIT 4 \ LEGEND: • 1 • EXPLORATORY BORING 1 61 BORING 6 6680 0 EXPLORATORY BORING DRILLED I FOR MOISTURE CONTENT PIT 3 1 EVALUATION 4/14/97 NOT TO SCALE ® 1 1 ® EXPLORATORY PIT FOR PIT 1 1 1 PERCOLATION TESTING 4/14/97 BORING 5 • ; i 6690 • PIT 2 I 1 \ \ 1 \ 1 \ POND 3 1 \ I \ 1 EXISTING PERCOLATION POND • • • 0 BORING 3 • 1 i ► POND 2 I 1 BORING 4 O .BORING 21 O 1 EXISTING ( I \ 1 PERCOLATION \ 1 L... \\BORING 1\O \ \ 1 1 \ 1 POND 1 \ \ 1 1 EXISTING \ AERATED \ LAGOON \ \ CELL EXISTING \ \ FENCE 6670 ► 1 1 1 1 \ • • \ \ 1 \ I \ 1 1 6690 1 6680 197 215 HEPWORTH - PAWLAK GEOTECHNICAL, INC. LOCATION OF EXPLORATORY BORINGS AND EXPLORATORY PITS Fig. 1 w L c 0 a� w 6670 6665 6660 6655 6650 6645 6640 6635 BORING 5 ELEV. = 6662.7' 18/12 WC=20.1 DD=103 — 200=92 LL=37 PI=22 PH=7.5 TSS=0.39 28/12 WC=20. 0 D0=102 - 200=91 LL=42 PI=28 K=1.5E-8 44/12 WC= 21.2 DD=100 — 200=64 LL=52 PI=26 K=2.7E-5 54/12 BORING 6 BORING 7 ELEV. = 6668.5 ELEV. = 6663.7' 19/12 25/5.10/0 WC=15.0 00=109 K=9.1E-7 38/3.10/0 40/6,25/2 WC=4.8 DD=101 PI=NP PH=7.95 TSS=0.31 50/6 Note: Explanation of symbols is shown on Fig. 4. 25/12 WC=9.5 DD=90 —200=94 LL=33 PI=18 20/0 50/12 WC=10.4 DD=88 LL= 40 PI=16 PH=7.9 TSS=0.42 6670 6665 6660 6655 6650 6645 6640 6635 Elevation — Feet 197 215 HEPWORTH — PAWLAK GEOTECHNICAL, INC. LOGS OF EXPLORATORY BORINGS Fig. 2 Depth — Feet Depth — Feet 0 5 PIT 1 PIT 2 PIT 3 ELEV. = 6667.4' ELEV. = 6662.8' ELEV. = 6663.5' P=16 P=40 P=120 P=120 / / P=48 0 5 10 10 0 5 10 PIT 4 ELEV. = 6667.1' P=40 P=10 PIT 5 PIT 6 ELEV. = 6664.1' ELEV. = 6669.5' P=10 P=20 P=40 P=80 0 5 10 15 15 Note: Explanation of symbols is shown on Fig. 4. Depth — Feet 197 215 HEPWORTH - PAWLAK GEOTECHNICAL, INC. LOGS OF EXPLORATORY PITS Fig. 3 Fig. 4 LEGEND: 18/12 T kl OTES: TOPSOIL; organic silty clay, roots, brown. CLAY (CL); slightly sandy, very stiff, slightly moist to moist, brown, slightly calcareous, medium plastic CLAY AND GRAVEL (CL—GC); basalt fragments, medium dense, slightly moist, white/tan, highly calcareous, medium to high plasticity. GRAVEL (GC); sandy clay and silt matrix, basalt fragments, medium dense, slightly moist, white/tan, highly calcareous, low plasticity. Relatively undisturbed drive sample; 2—inch I.D. California liner sample. Drive sample; standard penetration test ( SPT ), 1 3/8—inch I.D. split spoon sample, ASTM D — 1586. Drive sample blow count; indicates that 18 blows of a 140—pound hammer falling 30 inches were required to drive the California or SPT sampler 12 inches. Practical rig refusal. Where shown above bottom of log, indicates that multiple attempts were made to advance the boring. 1. Exploratory borings were drilled on April 25, 1997 with a 4—inch diameter continuous flight power auger. 2. Exploratory pits were excavated on April 14, 1997 with a backhoe. 3. Locations of exploratory borings and pits were provided by Schmuser Gordon Meyer Inc. 4. Elevations of exploratory borings and pits were provided by Schmuser Gordon Meyer Inc. 5. The lines between materials shown on the exploratory boring logs represent the approximate boundaries between material types and transitions may be gradual_ 6. No free water was encountered in the borings at the time of drilling. Fluctuation in water level may occur with time. 7. Laboratory Testing Results: WC = Water Content ( % ) DD = Dry Density ( pcf ) +4 = Percent retained on No. 4 sieve. —200 = Percent passing No. 200 sieve. LL = Liquid Limit ( % ) PI = Plasticity Index ( % ) NP = Nonplastic K = Permeability ( cm/sec ) TSS = Total Soluble Salts ( % ) pH = Soil Acidity/Alkalinity P = Average Percolation Rate ( min/in. ) 197 215 HEPWORTH — PAWLAK GEOTECHNICAL, INC. LEGEND AND NOTES r 0 z m 0 < LL o F- c < 0 0) uJ I u PH TOTAL Soluble Salts (%) SOIL OR BEDROCK TYPE 1 Slightly Sandy Clay >- a) C> >- = > CB O .` CC O cp U > m U >> +, u) O N CO 0 m U Q CI:a > +- v; 0 N I— cG O io U Slightly Sandy Clay Calcarious Gravelly Silty Clay M O 0) (3) I< l< co O x Ln c— to O x r N O x O 00 N ( N 0 0 CO p_ C C 0 C CO r— ,-- N N 0) 33 0 V' F- U' p z _Z O W U <n N >N a z) at 0) ,-- co 0) } > ,--- O o z a w — z o CO O L— N O r- Cr)0 LOL O G) co c0 a z Lu F, cc z to Z 3' O g U O N O N N r— 0) ' O SAMPLE LOCATION BORING DEPTH (feet) L') O • • • HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE II PERCOLATION TEST RESULTS JOB NO.197 215 Sheet 1 of 4 HOLE NO. HOLE DEPTH (FT -IN) LENGTH OF INTERVAL (MIN) WATER DEPTH AT START OF INTERVAL (INCHES) WATER DEPTH AT END OF INTERVAL (INCHES) DROP IN WATER LEVEL (INCHES) AVERAGE PERCOLATION RATE (MIN./INCH) P -la 6'-7" 10 refill 151/2 111/4 31/4 16 11% 101/4 1 '/z 101/4 91/4 1 91/4 81/4 1 173/4 161/2 11/4 16'/z 151/4 1 '/4 151/4 141/2 1/4 141/2 131/2 1 131/2 121/4 1/4 121/4 121/4 /z 121/4 111/4 /z 111/4 11 =/4 P -lb 7'-5" 10 refill 9 8 1 40 8 71/2 /z 71/2 71/4 14 7'/4 7 /4 7 61/4 A 61/4 61/2 1/4 61/2 61/4 IA 101/4 91/4 /z 91/4 91/2 '/4 9'/2 91/4 /4 914 9 /4 9 81/4 14 • • • HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE II PERCOLATION TEST RESULTS JOB NO.197 215 Sheet HOLE NO. HOLE DEPTH (FT -IN) LENGTH OF INTERVAL (MIN) WATER DEPTH AT START OF INTERVAL (INCHES) WATER DEPTH AT END OF INTERVAL (INCHES) DROP IN WATER LEVEL (INCHES) AVERAGE PERCOLATION RATE (MIN./INCH) P -2a 2'-1 1 " 30 8'/2 8'/4 /4 8'/4 8 '/4 8 7% %4 120 7'/4 7'/2 14 P -2b 4'-7" 30 8'/4 8 /4 120 8 7 '/4 1/4 734 7 1/2 1/4 71/2 71/4 1/4 P-3 4'-1" 30 10'/4 9 11/4 48 9 8 1/4 3/4 8 1/4 7 1/2 3/4 7'/2 7 1/2 P -4a 4'-6" 10 20 10 11 10 1 40 10 9'/2 /2 9'/2 9 /2 9 8'/4 %4 8'/4 8'h /4 8 1/2 8 1/4 '/4 8'/4 8 /4 8 7'/2 /2 7'/2 7'/4 /4 7 1/4 7 '/4 7 6% /4 • HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE II PERCOLATION TEST RESULTS JOB NO. 197 215 Sheet 3 of 4 HOLE NO. HOLE DEPTH (FT -IN) LENGTH OF INTERVAL (MIN) WATER DEPTH AT START OF INTERVAL (INCHES) WATER DEPTH AT END OF INTERVAL (INCHES) DROP IN WATER LEVEL (INCHES) AVERAGE PERCOLATION RATE (MIN./INCH) P -4b 7'-0" 10 refill refill refill 71/2 5 21/2 81/2 51/4 31/4 5'/4 4'1 1 81/2 51/4 21/4 51/4 5 34 5 4 1 10 61h 31/2 61/2 5 11/2 10 P -5a 5'-10" 10 refill refill refill 10'/4 61/2 33/4 10 111/2 91/4 21/4 91/4 7 21/4 7 51/4 11/4 11 9 2 9 73/4 11/4 7% 6 11/4 8 61/4 11/4 63/4 51/2 11/4 54 4'/z 1 4'/ 3'h 1 P -5b 10'-6" 10 101/4 81/4 2 20 refill 101/4 91/4 1 91/4 81/2 3/4 81/2 8 /z refill 101/4 93/4 I 93/4 9'/4 IA 8refill /4 8'/4 y2 81/4 71/4 %z 71/4 71/4 /z 7'/ 6'/. A • • • HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE 11 PERCOLATION TEST RESULTS JOB NO. 197 215 Sheet 4 of 4 HOLE NO. HOLE DEPTH (FT -1N) LENGTH OF INTERVAL (MIN) WATER DEPTH AT START OF INTERVAL (INCHES) WATER DEPTH AT END OF INTERVAL (INCHES) DROP IN WATER LEVEL (INCHES) AVERAGE PERCOLATION RATE (MIN./INCH) P -6a 5'-0" 10 refill refill 5 3% 11/4 3% 3'/Z / 53/4 41/2 =/ 4'h 41/4 /, 4'/ 4 yn 4 31/2 72 3'/z 31/4 A 40 5 41/2 y� 41/2 41/4 y, 4'/< 4 / 4 3% /< P -6b 7'-2" 20 refill refill 5'/2 4'/2 1 80 61/4 53/4 1 5'/ 5 / 5 4'/2 /2 61/4 5% /2 5% 5'/2 /4 • • • Appendix Advanced Terra Testing TRIAXIAL PERMEABILITY TESTS PERMEABILITY TEST - BACK PRESSURE SATURATED - FLOW PUMP METHOD ASTM D 5084 •LIENT Hepworth-Pawlak Geotech JOB NO. 2158-19 BORING NO. 5 SAMPLED DEPTH 10.0' TEST STARTED 5-5-97 CAL SAMPLE NO. TEST FINISHED 5-8-97 CAL SOIL DESCR. 197215 CELL NUMBER 3P TEST TYPE TX/Pbp SATURATED TEST Yes CONF. PRES. PSF 720 MOISTURE/DENSITY DATA Wt. Soil + Moisture Wt. Wet Soil & Pan Wt. Dry Soil & Pan Wt. Lost Moisture Wt. of Pan Only Wt. of Dry Soil Moisture Content % Wet Density PCF Dry Density PCF (g) (g) (g) (g) (g) (g) BEFORE AFTER TEST TEST 306.4 311.9 314.9 320.3 266.9 266.9 48.0 53.5 8.4 8.4 258.5 258.5 18.6 20.7 132.0 133.6 111.4 110.7 .Init. Diameter (in) 1.930 (cm) 4.902 Init. Area (sq in) 2.926 (sq cm) 18.876 Init. Height (in) 3.022 (cm) 7.676 Vol. Bef. Consol. (cu ft) 0.00512 Vol. After Consol. (cu ft) 0.00515 Porosity % 36.68 FLOW PUMP CALCULATIONS Pump Setting (gear number) 12 Percentage of Pump setting 100 Q (cc/s) 6.78E-06 Height 3.019 Diameter 1.937 Pressure (psi) 2.540 Area after consol. (cm*cm) 19.004 Gradient 23.289 Permeability k (cm/s) 1.5E-08 Back Pressure (psi) 48.0 Cell Pressure (psi) 53.0 Ave. Effective Stress (psi) 3.730 Data entry by: NAA Date: 05/13/97 Checked by: Date: 513-57 FileName:HEP05215 ADVANCED TERRA TESTING, INC. PERMEABILITY TEST - BACK PRESSURE SATURATED - FLOW PUMP METHOD ASTM D 5084 •LIENT Hepworth-Pawlak Geotech BORING NO. DEPTH SAMPLE NO. SOIL DESCR. TEST TYPE CONF. PRES. PSF MOISTURE/DENSITY DATA 5 15.0' 197215 TX/Pbp 720 Wt. Soil + Moisture Wt. Wet Soil & Pan Wt. Dry Soil & Pan Wt. Lost Moisture Wt. of Pan Only Wt. of Dry Soil Moisture Content % Wet Density PCF Dry Density PCF (g) (g) (g) (g) (g) (g) BEFORE AFTER TEST TEST 261.0 277.7 269.3 286.0 219.1 219.1 50.2 66.9 8.3 8.3 210.9 210.9 23.8 31.7 111.8 126.3 90.3 95.9 Init. Diameter (in) 1.930 •Init. Area (sq in) 2.926 Init. Height (in) 3.040 Vol. Bef. Consol. (cu ft) 0.00515 Vol. After Consol. (cu ft) 0.00485 Porosity % 48.71 (cm) (sq cm) (cm) FLOW PUMP CALCULATIONS Pump Setting (gear number) Percentage of Pump setting Q (cc/s) Height Diameter Pressure (psi) Area after consol. (cm*cm) Gradient • Permeability k (cm/s) Back Pressure (psi) Cell Pressure (psi) Ave. Effective Stress (psi) 7 100 3.41E-04 3.012 1.882 0.078 17.940 0.717 2.7E-05 78.0 83.0 4.961 Data entry by: NAA Date: 05/13/97 Checked by: 5_ Date: 5-13^4117 FileName:HEP02155 JOB NO. 2158-19 SAMPLED TEST STARTED TEST FINISHED CELL NUMBER SATURATED TEST 4.902 18.876 7.722 5-5-97 CAL 5-11-97 CAL 9S Yes ADVANCED TERRA TESTING, INC. PERMEABILITY TEST - BACK PRESSURE SATURATED - FLOW PUMP METHOD ASTM D 5084 "LENT Hepworth-Pawlak Geotech BORING NO. DEPTH SAMPLE NO. SOIL DESCR. TEST TYPE CONF. PRES. PSF MOISTURE/DENSITY DATA 6 5.0' 197215 TX/Pbp 720 Wt. Soil + Moisture Wt. Wet Soil & Pan Wt. Dry Soil & Pan Wt. Lost Moisture Wt. of Pan Only Wt. of Dry Soil Moisture Content % Wet Density PCF Dry Density PCF (g) (g) (g) (g) (g) (g) •Init. Diameter (in) snit. Area (sq in) Init. Height (in) Vol. Bef. Consol. (cu ft) Vol. After Consol. (cu ft) Porosity % BEFORE AFTER TEST TEST 294.0 322.8 302.2 330.9 263.8 263.8 38.4 67.1 8.1 8.1 255.7 255.7 15.0 26.2 125.3 133.1 108.9 105.4 JOB NO. 2158-19 SAMPLED TEST STARTED TEST FINISHED CELL NUMBER SATURATED TEST 1.933 (cm) 4.910 2.935 (sq cm) 18.934 3.047 (cm) 7.739 0.00517 0.00535 44.32 FLOW PUMP CALCULATIONS Pump Setting (gear number) Percentage of Pump setting Q (cc/s) Height Diameter Pressure (psi) Area after consol. (cm*cm) Gradient Permeability k (cm/s) Back Pressure (psi) Cell Pressure (psi) Ave. Effective Stress (psi) 9 100 6.81E-05 3.044 1.966 0.420 19.581 3.819 9.1E-07 88.0 93.0 4.790 Data entry by: NAA Date: 05/13/97 Checked by:_ Date: rj FileName:HEP02156 5-5-97 CAL 5-12-97 CAL 4P Yes ADVANCED TERRA TESTING, INC. • • • KKBNA i • 4 1,w fw.i«. I .NJ Vy M� J� �L: is• r. l•• I • EXHIBIT 9.1 . •• el)JK 545 Pr iEj.:;49 SANITARY SEt: Ar,L LAGOON PARCCL DESCRIPTION A parcel of lane) situated in part of Government Lots 4, 5, 6 and 7 of Section 9. Township 7 South, Range 88 West of the Sixth Principal Meridian In the County of (Thrficld, State of Colorado. Said parcel being bounded by a fence line a:; constructed and in place. Said parcel being more particularly described as follows: Beginning at the Northwest Corner of said Section 9 (being also the Northeast Corner of Section 8 in said Township and Range) a stone corner found in place and properly marked; thence S. 54.20'05'• P. 1537.27 feet to a point in said fence line, the True roint of Beginning; thence the following seven course, along said fence line; 1) i; .1) 4) 5) 6) 7) to thence thence thence thence thence the True r.5' -- `-= S. 07.33'25' E S. 73.00'5n" W S. 89'47'19" t•: N. 00.10'31" 1: N. 65.01'59" e Point of Beni ?2°.'2- . G4 t feet; • 305.89 feet; • 569..11 feet; . 537.92 feet • 259.94 feet; • 337.02 feet; nnino. Said parcel containing 9.85 acres, more or less. Bearings for this description were based on a hearing. of S. 88.54'23" E. between the Northwest Corner of Section 5, Township 7 South, Range 00 West of the Sixth Principal Meridian and the North Quarter Corner of said Section 5. May 15, 1979 KXTINA/SCARROW AND WALKER, INC. 1001 (rand Avenue Glenwood Springs, CO 81601 • • • EXHIBIT 9.2 WecoroJ6 ,: r14R 1 2 1960 �P.CQpLI!):i :v .21'1 .r. -.. ......ter- ..ldr,s3.11� cf Recordie:. LEASE AND AGREEMENT BUGK 543 Pe,;E:=. THIS LEASE AND AGREEMENT, Made and 26th entered into this day of February, 1980, by and between COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT, hereinafter "Lessor," and SPRING VALLEY SANITATION DISTRICT, hereinafter "Lessee." WITNESSETH: That in consideration of the sum of One Dollar annum ($1.001 per paid in advance on the anniversary date of this Lease and Agreement by Lessee to Lessor, the receipt of the first annual payment of which is hereby acknowledged, and of the covenants hereinafter contained by Lessee to be kept and performed, Lessor does lease, let, and demise unto Lessee, for the Purposes hereinafter set forth, that certain land in the County of Garfield, State of Colorado, described in Exhibit "A" attached hereto and incorporated herein by reference, containing nine and eighty-five hundredths9, ( 85) acres, more or less; with the sole and exclusive right to g operate a sewage treatment facility on the leased land during the term hereinafter right to construct provided and the remove , maintain, operate, use, repair, replace, and pipelines, telephone lines , telegraph, power, and other utility tanks, ponds, machinery, appliances, buildings, and other structures useful, necessary, or proper for carrying on its operations on the Leased land, together with rights-of-way for passage over, upon, and across, ingress and egress to and from the leased land for any or all of the above-mentioned purposes along present access roads to said tract of land or access roads which may hereafter be constructed and utilized, all as mutually agreed upon by the parties hereto in exact location, and further a certain sewage trunk line corridor easement described more fully in Exhibit "B" attached hereto and incorporated herein by reference. • • • BUOY( 545 NA' l_ +_O Together with such additional land, up to a maximum of twenty-five (25) acres, generally located westerly of, but not necessarily adjacent to, the heretofore particularly described land, as is reasonably required in the future for the winter storage of effluent, for infiltration areas, and for land treatment, all as shown by final design plans for such improvements as have been or may be approved by the Colorado State Departmenn of Health. TO HAVE AND TO HOLD the ).eased land for the term of fifty (50) years from and after the date hereof, and upon written notice from the Lessee delivered to the Lessor at least 180 days prior to expiration of the initial term for an additional term of fifty (50) years at the sole option of the Lessee and under the same terms and conditions as provided for in this Agreement for the first fifty (50) year term. In consideration of the premises, the parties hereby respectively covenant and agree as follows: Treatment Services The parties incorporate into this Lease and Agreement by reference Paragraphs 2(a) and 2(b) of "Section 2. Conveyance to District" set forth in the Sewage Treatment Services Agreement, dated July 2, 1979, and recorded on July 11, 1979, in Book 531 at Page 325 as Reception No. 295618, Garfield County Records; and Lessee hereby agrees to perform the terms and conditions set forth in said paragraphs and that the same are hereby made expressly a part of this Lease and Agreement. Future Expansion of Lessee's Facilities a. The parties incorporate into this Lease and Agreement by reference Paragraphs 2(c) and 2(d)(ii)(A) of "Section 2. Conveyance to District" set forth in the Sewage Treatment Services Agreement, dated July 2, 1979, and recorded on July 11, -2- • • • bU1ix 543 PeTI'c_1 ) 1979, in Book 531 at Page 325 as Reception No. 295618, Garfield County Records; and Lessee hereby agrees to perform the terms and conditions set forth in said paragraphsand that the same are hereby made expressly a part of this Lease and Agreement. b. At such time as any of the additional land heretofore described is needed and will actually be used for winter storage of effluent, for infiltration areas, and for land treatment Lessee will prJvide, at its sole expense, a survey of the property to be used, which shall then become the subject of an addendum to this Lease. Lessor and Lessee mutually agree to reasonably negotiate the precise additional acreage to be used for the purposes described in this paragraph subject to the overall acreage and use limitations as heretofore described. c. All improvements constructed by Lessee upon the demised land, including buildings, roads, pipelines, utility lines, ponds, and any other structrues or facilities useful, necessary, or proper for carrying on its sewage treatment operations on the demised land shall remain the property of the Lessee during the term of and subsequent to termination of this Lease, except upon termination of the lease for Lessee's default as hereinafter provided. Operation of Treatment Facilities a. The parties incorporate into this Lease by reference Paragraph 2(d)(ii)(B) of "Section 2. and Agreement Conveyance to District" set forth in the Sewage Treatment Service's Agreement, dated July 2, 1979, and recorded on July 11, 1979, in Book 531 at Page 325, at Reception No. 295618, Garfield County Records; and the Lessee hereby agrees to perform the terms and conditions set forth in said paragraph and that the same are hereby made expressly a part of this Lease and Agreement. -3- BU(Ji( 545 Per,E 1_:;;t) •b. Lessee agrees to maintain at its. own expense any and all sewage treatment facilities located upon the demised premises in a state of good repair, subject to and in compliance with all applicable federal, state, and local laws and regulations, and sound engineering practice, and allowing for ordinary wear and tear. Lessee agrees to fully and promptly pay for all water, gas, heat, light, power, telephone service, and other public utilities of every kind furnished to the premises throughout the term hereof, and all other costs and expenses of every kind whatsoever of or in connection with the use, operation, and maintenance of the premises and all activities conducted thereon, and Lessor shall have no responsibility of any kind for any thereof, except as otherwise specifically provided for in this lease. District Assumption of Agreement • The parties incorporate into this Lease and Agreement by this reference Section 5 of the Sewage Treatment Services Agreement, dated July 2, 1979, and recorded on July 11, 1979, in Book 531 at Page 325 as Reception No. 295618, Garfield County Records; and Lessee hereby assumes and agrees to all of the obligations of the District and Los Amigos to the College and provided for in said Agreement. • Waste and Nuisance During the term of this lease, Lessee shall comply with all applicable laws affecting the demised premises, the breach of which might result in any penalty on Lessor or forfeiture of Lessor's title to the demised premises. During the term hereof, Lessee shall not commit or suffer to be committed, any waste on the demised premises, nor shall Lessee maintain, commit, or permit the maintenance or commission of any nuisance on the demised premises. -4- • • Indemnification of Lessor Lessor shall not be liable for any loss, injury, death, or damage to persons or property which at any time may be suffered or sustained by Lessee or by any person whosoever may at any time be using or occupying or visiting the demised premises or be in, on, or about the same, whether such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of Lessee or of any occupant, subtenant, visitor, or user of any portion of the premises, or shall result from or be caused by any other matter or thing whether of the same kind as or of a different kind than the matters or things above set forth, and Lessee shall indemnify Lessor against all claims, liability, loss, or damage whatsoever on account of any such loss, injury, death, or damage. Lessee hereby waives all claims against Lessor for damages to the building and improvements that are now on or hereafter placed or built on the premises and to the property of Lessee in, on, or about the premises, and for injuries to persons or property in or about the premises, from any cause arising at any time. The two preceding sentences shall not apply to loss, injury, death, or damage arising by reason of the negligence or misconduct of Lessor, its agents, employees, or students. film 545 PMr,E 1.:�j Insurance a. Insurance coverage of premises. Lessee shall, at all times during the term of this lease and at Lessee's sole expense, keep all improvements which are now or hereafter a part of the premises insured against loss or damage by fire and the extended coverage hazards for one hundred percent (100%) of the full replacement value of such improvements, with loss payable to Lessor and Lessee as their interests may appear. Any loss adjustment shall require the written consent of both Lessor and Lessee. b. Personal injury liability insurance. Lessee shall • maintain in effect throughout the term of this lease personal injury liability insurance covering the premises and its appurtenances and the sidewalks fronting thereon in the amount of not less than Five Hundred Thousand and No/100 Dollars ($500,000.00) for injury or death of any one person, and One Million and No/100 Dollars ($1,000,000.00) for injury or death of any number df persons in one occurrence and property damage liability insurance of not less than One Hundred Thousand and No/100 Dollars ($100,000.00). Such insurance shall specifically insure Lessee against all liability assumed by it hereunder, as well as Liability imposed by law, and shall insure both Lessor and Lessee but shall be so endorsed as to create the same liablity on the part of the insurer as though separate policies had been written for Lessor and Lessee. c. Lessor's right to pay premiums on behalf of Lessee. Lessee shall pay all of the premiums of policies of insurance • referred to in this section and shall deliver such policies, or certificates thereof, to Lessor, and in the event of the failure of Lessee, either to effect such insurance in the names herein called for or to pay the premiums therefor or deliver such policies, or certificates thereof, to Lessor, Lessor shall be entitled but shall have no obligation, to effect such insurance and pay the premiums therefor, which premiums shall be repayable to Lessor with the next installment of rental, and failure to repay the same shall carry with it the same consequence as failure to pay any installment of rental. Each insurer mentioned in this section shall agree, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Lessor, that it will give to Lessor thirty (30) days' written notice before the policy or policies in question shall be altered or canceled. • -6- f'1 r.,< 545 pMME d. Definition of full replacement value. The term "full 411 replacement value" of improvements as used herein shall mean the actual replacement cost thereof from time Co time less exclusions provided in the normal fire insurance policy. In the event either party believes that the full replacement value (that is to say, the then -replacement cost less exclusions) has increased or decreased, it shall have the right, but, except as provided below, only at intervals of not less than three (3) years, to have such full replacement value redetermined by the fire insurance company which is then carrying the largest amount of fire insurance carried on the demised premises (hereinafter referred to as "impartial appraiser"). The party desiring to have the full replacement value so redetermined by such impartial appraiser shall forthwith on submission of such determination to such impartial appraiser give written notice thereof to the other party hereto. The determination of such impartial appraiser shall be final and binding on the parties hereto, and Lessee shall forthwith increase (or decrease) the amount of the insurance carried pursuant to this section as the case may be to the amount so determined by the impartial; appraiser. Such determination shall be binding until superseded by agreement between the parties hereto or by a subsequent redetermination by an impartial appraiser. Lessee shall pay all costs, if any, of the impartial appraiser. If during any such fifty (50) year period Lessee shall have made improvements to the premises, Lessor may have such full replacement value redetermined at any time after such improvements are made, regardless of when the full replacement value was last determined. e. Adjustment of coverage. In the event that either party shall at any time deem the limits of the personal injury or property damage public liability insurance then _carried to be either excessive or insufficient, the parties shall endeavor to -7- • • Box 545 PATE1'4-!4 agree on the proper and reasonable limits for such insurance then to be carried, and such insurance shall thereafter be carried with the limits thus agreed on until further change pursuant to the provisions of this section; but, if the parties shall be unable to agree thereon, the proper and reasonable limits for such insurance then to be carried shall be determined by an impartial third person selected by the parties, and the decision of such impartial third person as to the proper and reasonable limits for such insurance then to be carried shall be binding on the parties, and such insurance shall be carried with the limits as thus determined until such limits shall again be changed pursuant to the provisions of this section. The expenses of such determination shall be borne equally by the parties. f. Blanket isurance policies. Nothwithstanding anything to the contrary contained in this section, Lessee's obligations to carry the insurance provided for herein may be brought within the coverage of a so-called blanket policy or policies of insurance carried and maintained by Lessee; provided, however, that the coverage afforded Lessor will not be reduced or diminished or otherwise be different from that which would exist under a separate policy meeting all other requirements of this lease by reason of the use of such blanket policy of insurance, and provided further that the requirements of the foregoing Paragraph (e) of this section are otherwise satisfied. g. Cost of insurance deemed additional rental. The cost of insurance required to be carried by Lessee in this section shall be deemed to be additional rental hereunder. Defaults - Lessor's Remedies Lessee shall be deemed to be in default under this Lease and to have breached this Lease, automatically and without the necessity of Lessor making any declaration of same, upon the occurrence of any one of the following: -8- • (71198 545 Py;E 1..- 3 1. Failure to pay rent when due; 2. Failure to provide or maintain insurance; or 3. Failure to keep and perform any other term, covenant, promise, or condition contained in this Lease. Lessor shall not be deemed to have acquiesced in or waived any default of Lessee unless such default shall have existed for a period of 120 days from (a) the date it occurred; or (b) the date Lessor first actually knew of such default, whichever date is later. In no event shall any such acquiescence or waiver, if established, be construed or interpreted as an acquiescence in or waiver of a subsequent default of a similar or dissimilar kind. Upon any default, Lessor shall have the right to terminate this Lease, without any obligation or liability to Lessee, by giving Lessee written notice at least forty-five (45) days in advance of such termination date. The notice shall contain the event constituting the default, the reason for the termination, and the date of the termination, and shall notify Lessee that if the default is not cured to the satisfaction of Lessor by the termination date, then this Lease is deemed fully canceled and terminated as of the termination date. Lessor may, in its discretion, extend the termination date upon written request of Lessee delivered to Lessor before the termination date if Lessor determines and finds that: (1) there are compelling reasons to grant Lessee an extension of the termination date in order to enable Lessee to attempt to cure the default; and (2) that Lessee is diligently pursuing efforts to cure the default as quickly as possible. Upon any such termination of the Lease, Lessee shall immediately remove itself and all of its personal property from the demised premises and shall immediately surrender possession of the demised premises to Lessor without any further notice, demand, process, suit, or action of Lessor being necessary or - 9- • • r- iiip t 45 Per,c:1.:,-',ii required. All costs, expenses, and attorney's fees incurred by Lessor in connection with any default of Lessee, or with the termination of this Lease, or in interpreting, enforcing, or threatening to enforce the provisions hereof against Lessee, shall be paid for by Lessee and recovered from Lessee, in addition to all of Lessor's other remedies and claims. Such surrender of possession by Lessee shall include forfeiture and surrender to Lessor of all buildings, roads, pipelines, utility lines, ponds, and other structures, facilities, and improvements in good, workmanlike, and operable condition, made, constructed, or placed by Lessee upon any portion of the demised premises and useful, necessary, or proper for carrying on the sewage treatment operations on the demised premises, the purpose of this sentence being to enable Lessor to continue to operate the sewage treatment facilities for Lessor's own benefit upon any such termination of this Lease. • In the event a default and surrender of the premises hereunder occurs, Lessor agrees to negotiate with the existing customers of the District for the purpose of entering into an agreement, if such could be mutually arrived at, for the continuation of service to existing users; provided, however, this sentence shall not be construed to obligate Lessor to enter into any such agreement. Notice Whenever notice is permitted or required in this Lease, it shall be deemed given: (1) when personally delivered to an authorized agent or representative of such party; or (2) when deposited in the U. S. mails, first class, postage prepaid, addressed if to Lessor: Colorado Mountain Junior College District c/o F. Dean Lillie, President P. 0. Box 1367 Glenwood Springs, CO 81601 -10- • • and addressed if to Lessee: BOOK 54.E NGE-1:4;' Spring Valley Sanitation District Board of Directors P. 0. Box 2055 Glenwood Springs, CO 81601 Assignment This lease shall not be assignable without the express written consent of the parties, and shall inure to the benefit of, and be binding upon, the parties, their successors in interest, and assigns. Execution Authority By signing this Lease and Agreement, the parties acknow- ledge and represent to one another that all procedures necessary to validly contract and execute this Agremeent have been performed and that the persons signing for each have been been duly authorized so to do. IN WITNESS WHEREOF, the parties have executed this Lease.... and Agreement, in duplicate originals, on the day and year first above written. ATTEST: /./'/ --I- Dean K. Moe a't District S�ret ary ,, . df` jdU I j;i�. • COLORADO MOUNTAIN „1 • COLLEGE D STRICT _ r. F. Dean Lillie .'A�eIi�aiit• SPRING VALLEY SANITATION DISTRICT By tt✓Y..(-7`' Vv, C ,7,,i4-. Robert W. Chatmas, Chairman -11- • • • STATE OF COLORADO ) ss. County of Garfield BorY 545 P' -:E.1. 7 Ar4hThe foregoinginstrument was acknowledged before me this day of February, 1980, by F. DEAN LILLIE, as President of Clado Mountain Junior College District. ••..Witness my hand and official Seal. My Codmission expires: �<<R)• oY I I C+\�G . o C or �.o` • STATE OF COLORADO ss. County of Garfield ) The foregoing instrument was acknowledged before me this 26th day of February, 1980, by ROBERT W. CHATMAS, Chairman, Spring Valley Sanitation District, and attested by DEAN K. MOFFATT, District Secretary, Spring Valley Sanitation District. Witness my hand and official Seal. My Commission expires: MAS 22,1483 Notar�uc /\ n BILL OF SALE 8u71( 545 ? Cc:L; S]_ DELitiF '-r ,r 2 a fopQ •t.i KNOW ALL MEN BY THESE PRESENTS, THAT COLORADO MOUNTAIN • JUNIOR COLLEGE DISTRICT, a junior college district organized under the Colorado statutes, party of the first part, for Ten and No/100 Dollars ($10.00) and other good and valuable consideration to it in hand paid at or before the ensealing or delivery of these presents by SPRING VALLEY SANITATION DISTRICT, 4';.i a Colorado sanitation district party of the second part, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does grant and convey unto the said party of the second part, its successors, or assigns, the following property, goods, and chattels, to -wit: The aerated Lagoons and any other facilities appurtenant Co and used for the transmission, treatment, and disposal of sewage located on the property more particularly described in Exhibit "A," attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the same unto the said party of the second part, its successors, or assigns, forever. And the said party of the first part, for itself, its successors, or assigns, covenants and agrees to and with the said party of the second• part, its successors, and assigns, to WARRANT and DEFEND the sale of said property, goods, and chattels hereby made unto the said parry of the second part, its successors, and assigns against all and every person or persons whomsoever, subject to easements and rights-of-way for utilities and drainage, and subject to reservations and restrictions of record. IN WITNESS WHEREOF, the party of the first part has caused its name to be hereunto subscribed by its Chairman, and its Seal to be hereunto affixed, attested by the Secretary, this 25th February, � day of ummaxx1980. C0:L;L GEr Lxatuckxxxxxa;xkac NxRaaxoxxxxx xxxwmaalgxammxxxma (SEAL) COLORADO MOUNTAI By 4RX1J4 G(xx. )411)3X, A.11 1(1E9(,. F. Dean Lillie, PresiciLnt"'•• EXHIBIT 9.3 • • • bw)K 545 ..r' STATE OF COLORADO ) ss. County of Garfield ) The foregofi,en anscrument was acknowledged before me this 25th day of xi ;(tkt y •, 1980, by }4A NXXXXXxxxlX;a`t;cxrC7oQ?i;;tmx= s radaifg0xX($XlIMUSxXxX$KBXHXXdxxlimxxxxxxNxx&Ia1PxxxAmg xamigme€Y.gx F. Dean Lillie, President, Colorado :fountain College. Witness my hand and notarial Seal.' MY . mComission expires: • i•`1`". July 28, 1981 -2- • • • aim 543 PifEi.: i3 EXHIBIT "A" KKBNA t • r, i• SANITARY SEWAGE LAGOON PARCEL DESCRIPTION A parcel of land situated in part of Government Lots 4, 5, 6 and 7 of Section 9, Township 7 South, Range 88 West of the Sixth Principal Meridian in the County of Garfield, State of Colorado. Said parcel being bounded by a fence line as constructed and in place. Said parcel being more particularly described as follows: Beginning at the Northwest Corner of said Section 9 (being also the Northeast Corner of Section 8 in , said Township and Range) a stone corner found in place and properly marked; thence S. 54'29'05" E. 1537.27 feet to a point in said fence line, the True Point of Beginning; thence the following seven courses along said fence line; 1) thence N. 65'01'59" E. 325.97 feet; 2) thence S. 81'10'33" E. 445.42 feet; 3) thence S. 07'33'25" E. 305.89 feet; 4) thence S. 73'00'58" W. 569.11 feet; 5) thence S. 89'47'19" W. 537.93 feet 6) thence N. 00'10'31" E. 259.94 feet; 7) thence N. 65'01'59" E. 337.02 feet; to the True Point of Beginning. Said parcel containing 9.85 acres, more or less. Bearings for this description were based on a bearing of S. 88'54'23" E. between the Northwest Corner of Section 5, Township 7 South, Range 88 West of the Sixth Principal Meridian and the North Quarter Corner of said Section 5. May 15, 1979 KKBNA/SCARROW AND WALKER, INC. 1001 Grand Avenue Glenwood Springs, CO 81601 EXHIBIT 10.1 SPRING VALLEY SANITATION DISTRICT 1999 BUDGET 1997 1998 1999 Actual proiected Budget BEGINNING BALANCE S 32.058 17.889 25.77$ REVENUES Sewer charges Property tax 10,440 18,300 20,000 Specific ownership tax 248 1,615 1,704 Interest 65 205 235 Refunds 607 950 900 Tap fees 268 130 200 Plant expansion fees 16,000 50,800 42,800 EQR Purchase 40,000 40,000 1,000,000 25.925 Total Revenues 67,628 137,925 11 065, 839 Total Available Resources --5-.9_,Z23.5 ;55,814 1.091.617 EXPENDITURES 4I/ant operation Engineering 10,526 2,500 6,000 Electric 28,318 1,000 2,000 Repairs and maintenance 2,525 2,550 2,600 - Office rent and supplies 9,615 1,650 651 615 650 Directors fees Insurance 1,762 3,750 3,000 Legal 2,268 2,247 3,000 Accounting 7,956 12,500 4,000 Treasurers fees 1,077 3,000 3,000 Capital outlay: 32 34 Engineering Legal 7,891 18,000 60,000 Construction 1,354 24,000 20,000 2,264 1,642 920,000 System development 15, 00 48,400 40.800 Total Emergency reserve 3.200 TOTAL EXPENDITURES $ 8 797 134, 036 1,069,§84 81,797 130,036 1,066,484 ENDING BALANCE Unrestricted $ 12.611225, 778 ZS�9�3. MILL LEVY ASSESSED VALUATION .9 MILLS $ 273,970 5.32 MILLS 2.61 MILLS 5 303,290 $ 652,580 TO: County Commissioners of CERTIFICATION OF TAX LEVIES GARFIELD • BOARD OF DIRECTORS of (governing board) hereby certifies the following mill levies to be $652,580 County, Colorado. The the SPRING VALLEY SANITATION DISTRICT (unit of government) extended upon the GROSS assessed valuation of . Submitted this date: December 3, 1998 PURPOSE 1 • Genera! oLEVY RE VEINE PcraB expenses (This includes 2.61 fire pension) mills $ 1, 704 2. (MINUS) Temporary property tax credit/ Temporary mill levy rate reduction (_—)mills $( 39-1-111.5, C.R.S. SUBTO'T'AL 2_61 mills 5 1.704 3. General obligation bonds and interest* mills $ 4. Contractual obligations approved at election __ mills S 5. Capital expenditures (levied throw public hearing pursuant to 29-1-301(1.2), CRS.) for (counties and mins $— municipalities only), 29-1-302(1.5), C.R.S. for (special districts may) or approved at eiecticia 6. Refunds/Abatements 7. Other (specify) TOTAL Contact person: GREG BOECRER Daytime phone: ( 970 ) 945-6399 mills S mills $ mills $ mills $ 2.61 mills S 1,704 Title ?Signed: •.rte _ ��. . C e 5 *SPECIAL CTS must certify separate mill levies and revenues to the Board of County Commissioners, one each for funding requirements of each debt (32-1-1603, C.R.S.) Space is provided on the back of this form. Totals should be recorded above on line 3. NOTE: Certification must be carried to three decimal places only. If your boundaries extend into more than one county, please list all counties here: Send a completed copy of this form to the Division of Local Government, Room 521, 1313 Sherman Street, Denver, Colorado 80203, (303) 866-2156. 4401' E FORM DLC 70 (Rev 1/98) • • • EXHIBIT 10.2 PRE -INCLUSION AND WASTEWATER TREATMENT PLANT DEVELOPMENT AGREEMENT THIS PRE -INCLUSION AND WASTEWATER TREATMENT PLANT DEVELOPMENT AGREEMENT (hereinafter "Agreement") is made and entered into this day of , 1999, by and between SPRING VALLEY SANITATION DISTRICT, a Colorado special district, (the "District"); SPRING VALLEY DEVELOPMENT, INC., a Colorado corporation, ("SVD"); BERKELEY FAMILY LIMITED PARTNERSHIP, a Colorado limited partnership, ("Berkeley"); COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT, a statutory junior college district ("CMC"); LOS AMIGOS RANCH PARTNERSHIP, a Colorado general partnership, ("LARP"); COLORADO PINON PINES, LTD., a Colorado limited partnership ("Pinon Pines"); and WILLIAM AND PAMELA GIBSON ("Auburn Ridge"). SVD, Berkeley, CMC, LARP, Pinon Pines, and Auburn Ridge are hereinafter collectively referred to as "Landowners." SVD, Berkeley, CMC, and LARP are hereinafter collectively referred to as "Funding Landowners." WITNESSETH: WHEREAS, the District is a Colorado special district formed and organized in 1980 and functioning pursuant to the authority of Colo. Rev. Stat. wastewater treatment service to an area in Garfield County, Colorado; and 1, ett seq., providing WHEREAS, the Landowners are respectively the fee and equitable owners of one hundred percent (100 %) of certain real property located in the Spring Valley area of Garfield County, Colorado, as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the "Service Property"); and WHEREAS, the Landowners desire that the Service Property be included in the District and that the District provide wastewater treatment service to the Service Property; and WHEREAS, the Board of Directors of the District (the "Board") has determined that it is in the best interests of the District to expand the District boundaries to include the Service Property and to provide central wastewater treatment service to the Service Property by constructing, managing, and operating a new wastewater treatment plant; and WHEREAS, Colo. Rev. Stat. §§32-1-401, et seq., provide requirements and procedures for inclusions of property into the District, and specifically Colo. Rev. Stat. §32-1-402(1)(c) provides that agreements may be entered into "between a board and the owners of property sought to be included in a special district with respect to fees, charges, terms and conditions on which such property may be included"; and F: \ 1999\A greements\S VS D-Development-Agmt-Final. wpd -1- • WHEREAS, pursuant to Colo. Rev. Stat. §32-1-401(1)(a), the Landowners filed Petitions for Inclusion with the District; and WHEREAS, pursuant to Colo. Rev. Stat. §32-1-401(1)(b), the District held duly noticed public hearings on March 29, 1999, and April 22, 1999, at which hearings the inclusion of the Service Property was approved by the Board of Directors for the District pursuant to Colo. Rev. Stat. §32-1-401(1)(c)(I), subject to the terms and conditions of this Agreement between the parties; and WHEREAS, the District adopted an amendment to its 1979 Service Plan for the purpose of incorporating the Service Property into its service area and providing for the construction of a new wastewater treatment plant, which Amended Service Plan was approved by the Garfield County Board of Commissioners on April 26, 1999; and WHEREAS, in 1998, the Funding Landowners each executed Initial Funding Agreements with the District providing for the funding of a portion of the estimated costs of site application approval from the Colorado Department of Public Health and Environment ("CDPHE") for the proposed new wastewater treatment plant, an amendment to the existing District Service Plan, and agreements for inclusion in the District of property owned by the Landowners; and WHEREAS, pursuant to Colo. Rev. Stat. §§32-1-1001(1)(d) and (j -m), and 31-35- • 402(1)(e) and (0, the District has the authority to obtain reimbursement of its costs in providing services to District customers, including, but not limited to, sewer connections, inclusions in the District, and planning and review of line extensions; and WHEREAS, the Landowners are willing to provide funds, pursuant to the terms and conditions set forth herein, for the construction by the District of a new tertiary wastewater treatment plant and associated sewage and treated effluent collection and conveyance facilities (the "Plant"), a depiction of which is contained in Exhibit B, attached hereto and incorporated herein, in consideration of the District's inclusion of the Service Property within the District, the District's provision of wastewater treatment service to the Service Property, and the reimbursement of the Funding Landowners' construction cost contributions, including interest accrued thereon as set forth herein; and WHEREAS, the District and the Landowners desire to set forth the terms and conditions pursuant to which the Service Property will be included within the District; the Plant will be funded, designed, constructed, and operated; and construction cost reimbursements to the Funding Landowners shall occur. • NOW THEREFORE, in consideration of the mutual covenants and agreements of the parties and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties, on behalf of themselves, their successors, assigns or transferees, agree as follows: F: \ 1999\Agreements \SVSD-Development-Agmt-Final. wpd -2- • 1. Purpose of Agreement. The purpose of this Pre -Inclusion and Wastewater Treatment Plant Development Agreement is to provide for the inclusion of the Service Property within the District, the construction and initial operation of the Plant to provide wastewater treatment service for the property within the District's service area, as amended from time to time, and to provide for reimbursement of construction costs contributed by the Funding Landowners. 2. Incorporation of Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. 3. Termination of Initial Funding Agreements. Upon execution of this Agreement, the Initial Funding Agreements entered into by the District and each of the Funding Landowners shall terminate and all initial funding amounts required by the District under the Initial Funding Agreements shall be immediately due and payable upon execution of this Agreement. The parties agree that under the terms of the Initial Funding Agreements, each Funding Landowner is responsible for payment to the District of $50,000, and payment of such sums is a condition precedent to execution of this Agreement. The District acknowledges receipt of the following sums from the Funding Landowners prior to the execution of this Agreement. Upon execution of this Agreement, the Funding Landowners shall be responsible for funding the Plant Project Cost, as defined in paragraph 18, below. The parties further agree that the Funding Landowners shall have no right or claim for reimbursement or credit for funds contributed under the Initial Funding Agreements, except as provided in paragraph 23, below, absent a breach of this Agreement by the District. 4. Incorporation of District Rules and Regulations. The Rules and Regulations of the District in effect on the date of execution of this Agreement, and any subsequent amendments thereto, are incorporated into this Agreement by this reference. If no District Rules and Regulations are in effect on the date of execution of this Agreement, this Agreement shall incorporate those Rules and Regulations approved by the Board following execution of this Agreement, and any subsequent amendments to those Rules and Regulations; provided, however, the District Rules and Regulations incorporated into this Agreement, and any subsequent amendments thereto, shall not operate to defeat or materially alter the parties' express rights and obligations under this Agreement. From the effective date of inclusion of the Service Property as established by an Order of the Garfield County District Court, the Service Property shall be subject to all lawful taxes, fees, rates, tolls and charges now in effect or which may later be lawfully levied or collected by the District, except as otherwise provided in this Agreement. Further, all connections to the Plant and all lines for wastewater treatment service on the Service Property shall be made in accordance with the District's Rules and Regulations and technical specifications, and the terms and conditions of this Agreement. 5. Warranties and Representations. The Landowners make the following representations and warranties to the District: A. Each Landowner is the fee owner of its respective portion of the Service Property and has good and marketable title to its portion of the Service Property, subject F: \ 1999\Agreements \SVSD-Development-Agmt-Final. wpd -3- 1 to any mortgage, covenants, deeds of trust, restrictions, reservations, or easements now or hereafter affecting its portion of the Service Property; B. Each Landowner has the full right, power and authority to enter into and perform this Agreement; C. To the best of each Landowner's knowledge, neither the execution of this Agreement, nor the fulfillment or compliance with the terms and conditions of this Agreement, will conflict with, or result in, a breach of any terms, conditions-, or provisions of, or constitute a default under, or result in the imposition of any prohibited lien, charge, or encumbrance of any nature against its respective portion of the Service Property under any other agreement, instrument, indenture, deed of trust, mortgage, judgment, order, or decree of any court to which such Landowner is party to or by which such Landowner or its portion of the Service Property are bound; provided, however, that a Landowner may obtain a waiver of any such terms or conditions, or a consent to its entry into this Agreement, and remain in full compliance with this representation; D. Each Landowner shall provide all easements necessary for the construction of the Plant, pursuant to paragraph 11 of this Agreement; and E. Each Funding Landowner can and will provide funds, pursuant to the terms and conditions of this Agreement, for the design, construction, monitoring, final testing and initial operation of the Plant. 6. Inclusion of Property. Provided each Landowner has satisfied all conditions precedent to inclusion identified herein, the District shall take all steps necessary to finalize the inclusion of the Service Property into the District pursuant to Colo. Rev. Stat. §§32-1-401 et seq., including, but not limited to, obtaining an Order of Inclusion from the Garfield County District Court, and filing and recording such Order with the Garfield County Clerk and Recorder, the Garfield County Assessor, and the Division of Local Government of the Colorado Department of Local Affairs. The Order of Inclusion shall not be tendered to the District Court, and the inclusion of the Service Property shall not be effective, unless and until each of the following conditions are satisfied: A. Receipt by the District of all necessary approvals for Plant construction from state and local government entities, including but not limited to final approval of a site application by CDPHE for the Plant. Approval by governmental entities of the necessary permits, or other regulatory approvals, shall be satisfactory to meet this condition if such approval is made without conditions or with conditions approved in writing by the District. If any necessary approval as contemplated in this paragraph is received with conditions, the District shall have the right, after consultation with the Landowners, to refuse to accept such conditions and may declare such approval unsatisfactory for purposes of meeting this condition. In the event that any condition precedent herein listed is not satisfied by April 30, F: \ 1999\Agreements\S VSD-Development-Agmt-Final. wpd -4- • 2000, any Landowner may withdraw its request for inclusion in the District and withdraw from this Agreement pursuant to the provisions of paragraph 27 below. B. Receipt by the District of an acceptable financial guarantee from each of the Funding Landowners for one hundred percent (100%) of its pro rata share of the construction cost of the Plant, as more particularly described in paragraph 18, below. 7. Connection to District System. Prior to commencement of Plant construction, and subject to the District's sole discretion, no Landowner shall have the right to receive additional service from the District's wastewater treatment system in existence as of the execution of this Agreement ("Existing Treatment System"); provided, however, it is expressly agreed that the foregoing limitation shall not be construed to prevent or restrict any Landowner, or the transferee of any Landowner, from making connection to the Existing Treatment System and receiving wastewater treatment service therefrom pursuant to a Tap fee credit purchased by such Landowner from the District prior to the date of execution of this Agreement. The parties recognize that the District has approved the Colorado Animal Rescue ("CARE") request to connect its proposed animal shelter, which is to be located on the Service Property, to the Existing Treatment System prior to commencement of Plant construction, and the parties agree that CARE shall utilize no more than 1 EQR of capacity. The CARE connection shall not be deemed a violation of the provisions of this paragraph. No new wastewater treatment service shall be provided to the Service Property, and no new connection shall be made to the Plant until the Service Property is included in the District, the appropriate Landowner's application for service has been approved by the District, the appropriate Landowner has complied with all connection requirements as established in the District's Rules and Regulations, any applicable tap fees have been paid, a tap permit has been issued, and Plant construction is completed. Upon completion of Plant construction, all existing users of the District's Existing Treatment System shall connect to the Plant. Except as provided in paragraph 22, below, in the event the District's service lines are constructed within four hundred (400) feet of an operational individual sewage disposal system ("ISDS") on the Service Property, the user of the ISDS shall be required to connect to the Plant within one (1) year of notification from the District to the user that such connection is required. 8. Amended Service Plan. On February 5, 1999, the District submitted to Garfield County an Amended Service Plan for the expanded wastewater treatment service to be provided by the District, which was approved by the Garfield County Board of Commissioners on April 26, 1999. The respective obligations of the District and the Funding Landowners concerning the costs and preparation of the Amended Service Plan are further described in the Initial Funding Agreements. The parties agree that the District shall be permitted, after consultation with the Funding Landowners, to make the sole decision regarding the ultimate size and extent of any revisions to the District boundaries or service area, so long as such revisions do not cause the Funding Landowners to be obligated to the District for any additional dollar amounts pursuant to this Agreement, and do not result in the exclusion of the Service Property of any of the Funding Landowners. F: \ 1999\Agreements \SVSD-Development-Agmt-Final. wpd -5- 9. Site Application. Plant Design and Construction Inspection Responsibility. The • District shall prepare and submit for approval a Site Application to the CDPHE pursuant to Colo. Rev. Stat. § 25-8-702 for the Plant. The parties agree that the Plant shall be designed by a qualified engineering firm selected at the sole discretion of the District ("District Engineer"), with input from the Funding Landowner Representative as described in paragraph 17, below. The Plant shall be located at the site of the Existing Treatment System. The Plant is intended to be designed as a tertiary treatment plant capable of handling the maximum estimated capacity needs of the District, currently estimated to be 500,000 gallons per day, and to be constructed in a single phase; however, the parties agree that the District may determine to construct a tertiary treatment plant of a capacity less than or greater than 500,000 gallons per day, if economic or other practical considerations so dictate. The District shall maintain absolute discretion, after consultation with the Funding Landowners, to design and construct a phased facility or to change the capacity of the Plant if circumstances so require, so long as the capacity needs of the Landowners are satisfied. The Site Application also will propose the facilities required for the transportation of the treated effluent from the Plant to an outfall point located in the Spring Valley Drainage on the Berkeley or SVD Service Property. The exact location shall be determined by mutual agreement of the parties, approval of which shall not be unreasonably withheld or delayed. The parties agree to cooperate and proceed in good faith to complete and submit to CDPHE the Site Application as contemplated herein. The District Engineer shall provide full engineering services, including design services, assistance during bidding, and construction management, inspection and observation. The District Engineer and the District shall agree, after consultation with the Funding Landowners, upon a maximum cost for such services. During the period of construction, such services may include full-time on-site representation by the District Engineer. 10. Landowner Use of Effluent. The Landowners shall have the right to receive, without cost therefor, from the District the tertiary treated effluent from the Plant attributable to the wastewater generated by use on their respective properties. To the extent reasonably economically possible, the District will treat the effluent to meet State of Colorado standards for land application of treated effluent. Such effluent will be delivered along the outfall line to the Spring Valley drainage, and each Landowner shall be responsible for all costs associated with delivery of its treated effluent from discharge points along the outfall line to its respective place of use on the Service Area property, including but not limited to the cost of: (1) delivery line construction and maintenance; and (2) installation, operation and maintenance of any necessary pumps and meters. The Landowners may use such effluent for agricultural purposes, irrigation of golf courses, open space, or lawns and gardens within the District's Service Area if appropriate governmental approvals and/or water rights, if required, for such uses are obtained by the Landowners at the Landowners' sole expense. Additional treated effluent generated by the Plant or treated effluent not requested by the Landowners entitled to it shall annually be offered, without cost therefor, for use pro rata by any of the Landowners who have notified the District of their desire to use such additional amounts. The Landowners' respective rights to the use of effluent under this paragraph may be assigned, leased, or conveyed, provided such assignment, lease or conveyance is only to a successor development interest, a homeowner's association formed for homeowners within the District's Service Area, an entity formed to • • F: \ 1999\Agreements\S VSD -Development -Agent -Final. wpd -6- • operate golf courses or manage irrigation within the District's Service Area, or to one or more Landowners. 11. Easements. The Landowners, if requested by the District, shall dedicate for no additional consideration non-exclusive easements for all facilities, including access and temporary construction easements, associated with construction, operation, maintenance, repair and replacement of the Plant, including but not limited to easements for collection lines, outfall lines, lift stations, drainage, and for delivery of reusable effluent to the Landowners. The locations of such easements shall be determined by mutual agreement between the District and each individual Landowner, approval of which shall not be unreasonably withheld or delayed. Such easements shall be for the benefit of the District and other users of the Plant, if necessary. The Landowners shall dedicate such easements to the District, free and clear of all liens and encumbrances which would interfere, as determined by the District, with the District's use of the easements. All easements to be dedicated shall be general utility easements of width reasonably determined by the District. Further, the Landowners agree to dedicate other necessary easements for access or completion of work on the Service Property and for future expansion of District services to the Service Property as may be determined reasonably necessary by the District. The Landowners shall further dedicate for no additional consideration additional easements for sewer collection lines and appurtenant facilities as required and approved by the District across the Landowners' Service Property to serve the Landowners' Service Property. All such easements shall be determined and dedicated as needed by the District for Plant construction and for internal collection lines. The parties agree that any easements dedicated under this paragraph may be relocated upon request to the District by a Landowner, provided such relocation shall not result in any cost to the District or any user of the Plant. The District will cooperate with the Landowners in connection with its utilization of such easements so as to minimize interference with the Landowners' development activities. 12. Easements to be Acquired by Eminent Domain. The District and the Landowners agree that the District shall exercise its lawful rights to condemn non-exclusive easements across property not within the Service Area under the following circumstances: A. The District shall condemn, if necessary, any easements across property not within the Service Area which are required for Plant construction, including but not limited to construction of Plant facilities, temporary construction easements, access easements, and easements for collection lines, outfall lines, lift stations, and drainage. The cost of such eminent domain proceedings shall be deemed part of the Plant Project Cost as identified in paragraph 16, below. B. The District shall condemn, at the request of any Landowner, any easements across property not within the Service Area which are required to deliver treated effluent to such Landowner under the provisions of paragraph 10, above. The cost of such eminent domain proceedings shall be deemed a cost associated with delivery of the treated effluent from the outfall line to the Landowner's Service Area Property, which is solely attributable to the requesting Landowner. F: \ 1999\A greements\SVSD-Development-Agmt-Final. wpd -7- • 13. Land Use Review. In any land use approval process, the District agrees to confirm to Garfield County the availability of wastewater treatment service to the Service Property consistent with and pursuant to the terms of this Agreement, and any other related agreements. 14. Schedule. The District Engineer and the Funding Landowners have established a master schedule, which outlines each of the major tasks to be accomplished by each of the parties and the time contemplated for each activity. A copy of the master schedule is attached hereto as Exhibit C and incorporated herein by this reference. The parties agree that time is of the essence in this Agreement and the parties agree to cooperate and exercise their best efforts to comply with the master schedule. So long as the District is proceeding in a workmanlike manner and using its good faith best efforts, it shall not be liable for failure to comply with the master schedule; the parties recognize that the master schedule reflects an aggressive time frame at the request of the Funding Landowners. In addition, the District Engineer shall provide detailed schedules indicating planned and actual progress for each of the design activities contemplated. The District shall cause such detailed design schedules to be completed by the District Engineer and updated monthly as required with actual progress indicated. Copies shall be provided on a monthly basis by the District Engineer to the Board and the Funding Landowners. 15. Plant Project Budget. The District Engineer has established a budget for Plant construction ("Plant Project Budget"). The actual cost of all items contained in the Plant Project Budget shall be designated the "Plant Project Cost." The Plant Project Budget shall include the following: A. All costs incurred or services provided by the District for the Landowners' benefit associated with the inclusion of the Service Property within the District boundaries, preparation and approval of the service plan amendment and site application, preparation of this Agreement, and any other costs addressed in the Initial Funding Agreements, including but not limited to engineering, legal, filing or recording fees and related expenses or costs. Such costs shall include all actual costs incurred by the District and reimbursed by the Funding Landowners under the Initial Funding Agreements, and $23,000 of the funds expended by CMC in conjunction with the District's 1996 secondary wastewater treatment facility expansion, as such contribution has reduced the costs of Plant approval, design, and construction by that amount. B. All costs incurred for acquisition of easements or real property necessary for construction of the Plant, other than those provided pursuant to paragraph 11 above. C. All costs incurred for payment of development, design, engineering, construction, construction management, construction observation and inspection, final Plant testing, and commissioning of the Plant. F: \ 1999\ Agreements \SVSD-Development-Agmt-Fi nal. wpd -8- • • • A copy of the Plant Project Budget is attached hereto as Exhibit D and incorporated herein by this reference. The District Board shall review and modify, if necessary, the Plant Project Budget after consultation with the District Engineer and the Funding Landowners following: (1) CDPHE approval of the Site Application for the Plant ("Site Approval Deadline"); (2) the possible addition of necessary treatment processes, including but not limited to required construction of winter storage reservoirs for land application of treated effluent; and (3) identification of the lowest responsible bidder for construction of the Plant as described in paragraph 17, below. The District Board may, at any other time, modify the Plant Project Budget after consultation with the District Engineer and the Funding Landowners. The parties agree that under the terms of this paragraph, the District Board shall have absolute discretion to modify the Plant Project Budget, after consultation with the District Engineer and the Funding Landowners, provided the Construction Cost per EQR, as identified in paragraph 20.B., below, does not exceed $3,400. In the event the District Board's modification of the Plant Project Budget results in a Construction Cost per EQR exceeding $3,400, such modification shall require unanimous approval from the Funding Landowners. In the event the District Board's modification of the Plant Project Budget results in a Construction Cost per EQR exceeding $3,400 and the modification does not receive unanimous approval from the Funding Landowners, the District Board may terminate construction of the Plant. The parties further agree that if the District Board terminates construction of the Plant following Funding Landowner denial of a Plant Project Budget modification, the District and the Funding Landowners shall enter into good faith negotiations to establish a mutually acceptable Plant Project Budget and complete construction of the Plant. If mutual agreement is not reached for the completion of Plant construction and the District elects to terminate construction of the Plant under this paragraph, such termination of construction shall not be deemed a breach of this Agreement by the District, nor shall the District be liable for any damages incurred by any or all of the Landowners as a result of the District's actions. The Plant Project Budget shall be deemed final upon award of the Plant construction bid under paragraph 17 below. In the event the District and the Funding Landowners establish a mutually acceptable Plant Project Budget which results in a Construction Cost per EQR exceeding $3,400, the District shall resume construction of the Plant in a timely manner. If one or more Funding Landowners elects not to provide its respective funding amount under the terms of the revised Plant Project Budget, such Funding Landowner(s) shall be designated a Partial Funding Landowner for purposes of this Agreement. A Partial Funding Landowner shall not be deemed in breach of this Agreement for failure to pay its pro rata share under the revised Plant Project Budget. A Partial Funding Landowner shall, however, forfeit the right to utilize any taps for its Requested EQRs under paragraph 19, Table B, above, until the Partial Funding Landowner provides payment of its entire funding amount under the terms of the revised Plant Project Budget to the District, together with interest earned thereon in the amount of twelve percent (12%) per annum, compounded annually. In the event the Partial Funding Landowner fails to make payment of the entire funding amount, with interest, to the District within ten (10) years of commencement of Plant operation, such Partial Funding Landowner shall forfeit all claims for use of its requested taps and shall waive any right or claim for reimbursement or credit for F: \ I999\Agreements\S VS D-Development-Agmt-Fina1. wpd -9- sums provided to the District under this Agreement or the Initial Funding Agreements. The Partial Funding Landowner shall be precluded from purchasing unallocated taps from the District prior to payment of the entire funding amount, with interest; provided, however, such Partial Funding Landowner may purchase unallocated taps following expiration of the ten (10) year period identified above. Upon receipt of payment from the Partial Funding Landowner, the District shall reimburse the appropriate Funding Landowner(s) for their contributions to the Plant Project Budget in excess of their Funding Amounts, plus interest collected on such sums. 16. Plant Design Process. By November 1, 1999, the Funding Landowners shall provide the District with a final request for EQR capacity in the Plant, and the District Engineer shall then prepare a Plant design for review by the Board and the Funding Landowners. Upon review of the Plant design by the Funding Landowners, any Funding Landowner may present evidence to the Board of an alternative plant design or cost estimate which will result in a cost reduction exceeding ten percent (10%). The Board shall consider such evidence prior to acceptance of the District Engineer's Plant design. The parties agree that any Funding Landowner may approach the Board with a request for further modification of its EQR request for capacity in the Plant, and the Board, in its reasonable discretion, may approve, approve with conditions, or deny the Funding Landowner request, provided such request does not result in any additional cost to the District or the remaining Landowners, or an unreasonable delay in completion of the Plant construction. The District Engineer shall design the Plant to comply with any condition of approval of the Site Application and applicable federal, state and local environmental and design standards at the most efficient and practicable overall capital construction, operations, and maintenance cost. The District Engineer shall submit design progress reports to the District and the Funding Landowners as are customary in the industry at 30% , 65% , and 95 % completion, and shall include in each progress report an update or review of the expected Plant cost. The Funding Landowners shall have ten (10) days after receipt of each submittal to provide any comments or concerns regarding the design of the Plant to the District Engineer and the District Board. The comments of the Funding Landowners shall be considered by the District but need not be implemented by the District. In the event a submittal contains a District Engineer conclusion that the Plant Project Budget will be exceeded, the District Engineer shall utilize his best efforts to re -design or make such other changes as may be required to cause the estimate of probable construction costs to be within the Plant Project Budget. The final design documentation shall be prepared for public bidding and shall include complete construction documents consisting of drawings and specifications prepared in the form of a project manual. 17. Plant Construction Process. Upon approval by the Board in its sole discretion and approval by CDPHE of the final plans and specifications of the Plant, the project shall be publicly bid for immediate construction in accordance with Colorado statutes and shall be awarded to the lowest responsible bidder as may be determined in the sole discretion of the Board after consideration of the recommendations of the District Engineer and the Landowners. Upon receipt of all applicable permits by Garfield County, approval by CDPHE of the site application and final plans and specifications for the new Plant pursuant to Colo. Rev. Stat. F: \1999\Agreements\SVSD-Development-Agmt-Final.wpd -10- • • • §25-8-702, award of the construction contract, and receipt of financial guarantees from the Funding Landowners as identified in paragraph 18, below, the District shall commence construction of the Plant. The Plant shall be constructed by the District under the supervision of the District Engineer. The construction shall be observed by a representative designated by the Funding Landowners ("Funding Landowner Representative"). Changes to the construction documents during the course of construction shall be forwarded promptly to the District Board and the Funding Landowner Representative with the comments of the District Engineer. 18. Payment of Plant Project Costs. The Plant Project Cost shall be the several responsibility of the Funding Landowners, subject to the cost recovery provisions of paragraph 23 below. By November 1, 1999, each Funding Landowner shall provide the District with an acceptable financial guarantee for five percent (5 %) of its Funding Amount, as identified in paragraph 19, Table B, below. Within thirty (30) days following the Site Approval Deadline, each Funding Landowner shall provide the District with a financial guarantee for an additional five percent (5 %) of its Funding Amount, as identified in paragraph 19, Table B, below. The financial guarantees shall be in the form of a reserve fund or a clean irrevocable letter of credit in a form and from a financial institution acceptable to the District, not limited to a Colorado financial institution. In the event a Funding Landowner provides a clean irrevocable letter of credit from a financial institution outside Colorado, the District may, in its sole discretion require the Funding Landowner to provide either (1) a legal opinion letter verifying that the state laws of the financial institution do not impair the District's ability to draw on such letter of credit under the terms of this Agreement; or (2) confirmation by a bank licensed to do business in the State of Colorado, doing business in the State of Colorado, and acceptable to the District which is deemed a "Confirmer" as that term is defined in Colo. Rev Stat. §4-5- 102(a)(4), and subject to the obligations contained in Colo. Rev Stat. §4-5-107(a). The Funding Landowner financial guarantees and monies provided shall be non-refundable and non -creditable for future service requests in the event of Funding Landowner withdrawal or termination for breach under paragraph 27, below. Within twenty (20) days following the District's identification of the lowest responsible bid for construction of the Plant and prior to awarding the construction contract, each Funding Landowner shall provide the District with an acceptable financial guarantee for its Funding Amount, as identified in paragraph 19, Table B, below, less the deposits described above and any sums contributed under the Funding Landowners' respective Initial Funding Agreements. CMC's funding amount shall be further reduced by $23,000, as identified in paragraph 15 above. The acceptable financial guarantees shall be in the form of a reserve fund or clean irrevocable letter of credit in a form and from a financial institution reasonably acceptable to the District, not limited to a Colorado financial institution. In the event a Funding Landowner provides a clean irrevocable letter of credit from a financial institution outside Colorado, the District may, in its sole discretion require the Funding Landowner to provide either (1) a legal opinion letter verifying that the state laws of the financial institution do not impair the District's ability to draw on such letter of credit under the terms of this Agreement; or (2) confirmation by a bank licensed to do business in the State of Colorado, doing business in the State of Colorado, and acceptable to the District which is deemed a "Confirmer" as that term is defined in Colo. Rev Stat. §4-5-102(a)(4), and subject to the obligations contained in Colo. Rev Stat. F: \ 1999\Agreements \S VSD-Development-Agmt-Final. wpd -11- • §4-5-107(a). The Funding Landowner financial guarantees and monies provided shall be non- refundable and non -creditable for future service requests in the event of Funding Landowner withdrawal or termination for breach under paragraph 27, below. Each Funding Landowner's share of the Plant Project Costs shall be paid monthly within twenty (20) days of mailing from the District to the Funding Landowners of itemized billings and the Contractor's summary invoice. Each Funding Landowner shall have the right to reduce the amount of its respective financial guarantee by actual invoiced amounts paid to the District under this paragraph, approval of which shall not be unreasonably withheld by the District. If a Funding Landowner elects to establish a reserve fund for payment of its share of the Plant Project Costs, the District will draw upon such reserve fund within twenty (20) days of the date of mailing. In the event amounts billed to the Funding Landowners under this paragraph remain unpaid twenty (20) days after the date they are billed, the District may declare the appropriate Funding Landowner in default and assess a five percent (5 %) penalty on such overdue amounts. Provided that the Funding Landowners comply with their funding obligations pursuant to this Agreement, the District agrees that the construction of the Plant will be completed without the imposition of any mechanic's liens on any portion of the Service Property of the complying Funding Landowners. If a mechanic's lien is imposed on said portion of the Service Property, the District will remove it, either through payment of the underlying obligation or bonding, within ten (10) days of receipt of notice of the imposition of such lien. 19. Funding Landowners' Allocation of Plant Project Costs. The Funding Landowners' allocation of Plant Project Costs shall be determined according to the provisions of this paragraph, which are expressly contingent upon a maximum Construction Cost per EQR, as defined in paragraph B below, of $3,400 and a corresponding maximum Funding Landowner Cost per EQR, as defined in paragraph H below, of $4,000. In the event modifications to the Plant Project Budget result in a Construction Cost per EQR exceeding $3,400 or a Funding Landowner Cost per EQR exceeding $4,000, the District Board shall retain the right to modify the cost obligations identified in Tables A and B below, subject to the approval of the Funding Landowners. The estimated figures in paragraphs A through I of this paragraph are based upon the data contained in Tables A and B, are provided by way of example and do not represent a final calculation of the Funding Landowners' Allocation of Plant Project Costs. The actual Funding Amounts will be based on the Plant Project Budget, as amended from time to time, and on the EQR requests made by November 1, 1999. A. The capacity of the Plant, as measured in gallons per day, shall be divided by 350 to determine the initial EQR capacity available in the Plant ("Plant EQR Capacity"). The estimated Plant capacity is 500,000 gallons per day, resulting in an initial Plant EQR Capacity of 1429 EQRs. B. The Plant Project Budget shall be divided by the Plant EQR Capacity to determine the Plant construction cost per EQR ("Construction Cost per EQR"). The estimated Plant Project budget, $4,510,000, divided by the estimated Plant F:\ 1999\Agreements\SVSD-Development-Agmt-Final.wpd -12- • EQR Capacity of 1429 EQRs, results in an estimated Construction Cost per EQR of $3,156. C. Existing user contributions for the Plant Project Costs are identified in Table A, below. Table A identifies the existing in -District and contract users, including the Los Amigos Ranch lot owners within the District who currently receive or are entitled to receive District service ("In -District Users"), Auburn Ridge, Pinon Pines, and 51 of CMC's EQRs. The EQR allocation for such users is identified in the EQR column of Table A. The Construction Cost per EQR multiplied by the EQR allocation results in the respective Contribution Amount for each existing user in Table A. The District Board has determined that the Construction Cost per EQR for In -District Users identified in Table A shall be fifty percent (50 %) of the Construction Cost per EQR for other users as established in paragraph B above. The remaining fifty percent (50%) of the Construction Cost for the In -District Users shall be designated the "In -District Shortfall." The estimated In -District Shortfall is $77,322 ($3,156/EQR multiplied by .5 multiplied by 49 EQR = $77,322). D. The Funding Landowners have preliminarily requested EQR capacity in the Plant as identified in the Requested EQR column of Table B, below. The fmal request for EQR capacity shall be made as specified in paragraph 16 above. The Funding Landowner funding percentage is calculated by dividing the individual Funding Landowner Requested EQR by the total Funding Landowner Requested EQR ("Funding Percentage"). The Funding Percentage is identified in Table B, below. E. The unallocated EQR capacity of the Plant is determined by subtracting the sum of the Existing User EQRs, as identified in Table A, below, and the Funding Landowner Requested EQRs, as identified in Table B, below, from the Plant EQR Capacity ("Unallocated Capacity"). The initial Unallocated Capacity is 164 EQRs (1,429 - (176 + 1,089) = 164 EQRs). F. Each Funding Landowner shall be responsible for its proportional share of the cost of the Unallocated Capacity. The cost per EQR of the Unallocated Capacity is determined by dividing the product of the Unallocated Capacity and the Construction Cost per EQR by the total Funding Landowner Requested EQRs, as identified in Table B, below. The estimated cost per EQR of the Unallocated Capacity ("Unallocated Subsidy") is $475 (164 EQRs multiplied by $3,156/EQR divided by 1,089 EQRs = $475/EQR). G. The Funding Landowners shall be responsible for their proportional share of the In -District Shortfall. The cost per EQR of such obligation shall be calculated by dividing the In -District Shortfall by the total Funding Landowner Requested EQRs, as identified in Table B, below. The estimated cost per EQR of the In - F: \ 1999\Agreements\SVS D-Development-Agmt-Final. wpd -13- District Shortfall ("In -District Subsidy") is $71 ($77,322 divided by 1,089 EQR • _ $71/EQR). K. The Funding Landowner Cost per EQR, identified in Table B, below, is the sum of the Construction Cost per EQR, the Unallocated Subsidy, and the In -District Subsidy. The estimated Funding Landowner Cost per EQR is $3,702 ($3,156/EQR + $475/EQR +$71/EQR = $3,702/EQR). I. The Funding Landowner's respective Funding Amount, as identified in Table B, below, is the product of the Funding Landowner Requested EQRs and the Funding Landowner Cost per EQR. TABLE A Existing User EQR Construction Cost per EQR Contribution Amount In -District Users 49 $1,578 $77,322 Auburn Ridge 30 $3,156 $94,680 CMC 51 $3,156 $160,956 Pinon Pines 46 $3,156 $145,146 Total 176 $478,134 TABLE B Funding Landowner Requested EQR F Pel Spring Valley Development, Inc. 646 Berkeley Family Limited Partnership 112 1 Colorado Mountain College 61 Los Amigos Ranch Partnership 270 2 Total 1,089 1 ending tentage Cost per EQR (1) Funding Amount ;9.3 $3,702 $2,391,492 0.3 $3,702 $414,624 5.6 $3,702 $225,822 4.8 $3,702 $999,540 )0.0 --- $4,031,478 (1) Funding Landowner Cost per EQR calculated as follows: Construction Cost per EQR (Plant Project Budget divided by 1429 EQRs) ,156 Unallocated Subsidy (164 EQRs multiplied by Construction Cost per EQR divided by 1089 Funding EQRs) $3$475 In -District Subsidy (In -District Shortfall divided by 1089 Funding EORs) Total $71 $3,702 F: \ 1999\A greements\SVSD-Development-Agmt-Final. wpd -14- • The parties agree that the District shall timely apply for a revenue -based loan from the Colorado Water Resources and Power Development Authority ("Water and Power") prior to commencement of Plant construction to finance the contribution amounts for the In -District Users, Auburn Ridge, and Pinon Pines under this paragraph. The District agrees it will utilize its best efforts to secure a revenue -based loan for such contribution amounts from Water and Power, which will be repaid from District revenues. The District shall impose a Surcharge on the In -District Users, Auburn Ridge, and Pinon Pines which additional revenue shall be used for debt service on the loan; provided, however, the District agrees it shall not impose a Surcharge exceeding ten dollars ($10) per EQR for the In -District Users and twenty dollars ($20) per EQR for Auburn Ridge and Pinon Pines. In the event the District is unsuccessful in obtaining financing from Water and Power, the Funding Landowners shall be responsible for providing such financing on terms and conditions equivalent to those normally provided by Water and Power. Any payments made by the Funding Landowners for existing user financing under this paragraph shall be subject to the cost recovery provisions of paragraph 23 below. The parties agree the data contained in Tables A and B reflect a Plant Project Budget of $4,510,000 with surface stream discharges into the Spring Valley drainage, including Red Canyon. Any subsequent modifications to the Plant Project Budget, EQR requests or fmancing amounts in Tables A and B, above, shall result in an appropriate recalculation of the Landowners' pro rata payment obligations under this paragraph. In the event modification is required, the District shall recalculate the data contained in Tables A and B, above, and a copy of such Tables shall be incorporated into this Agreement. Tables A and B shall be recalculated after the completion of Plant construction to reflect the actual construction costs. 20. Tap Allocation and Tap Fees. For purposes of this Agreement, a Tap refers to the right to one EQR, to be defined in the District's Rules and Regulations. Except as provided in paragraph 22 below, upon inclusion of its Service Property within the District, each Funding Landowner shall have the right to use, on its Service Property, the number of new Taps equivalent to its EQR request identified in Paragraph 19, Table B, above. The District shall establish Tap Fees for each EQR of capacity in the District Plant upon award of the construction contract under paragraph 17 above; provided, however, the District may establish such Tap Fees prior to award of the construction contract if necessary for the sale of lots by one or more Funding Landowners. Tap fees shall be modified as necessary after the completion of Plant construction and payment of all associated costs to adjust the calculations described below based on the actual construction costs. The District shall establish a Tap Fee for purchasers of Taps located on the Service Property ("Service Property Tap Fee") and a Tap Fee for all remaining purchasers of Taps, including but not limited to purchasers of unallocated plant capacity and purchasers of taps located on property owned by any entity not a party to this Agreement ("Unallocated Tap Fee"). The Tap Fees shall be calculated as follows: A. Service Property Tap Fees 1. The Funding Landowner Cost per EQR, as identified in paragraph 19, Table B, above, shall be the base cost of the Service Property Tap Fee F: \ 1999\Agreements \S VSD-Development-Agmt-Final. wpd -15- ("Base Cost"), which is subject to the cost recovery provisions of paragraph 23 below. 2. The Base Cost shall be increased annually at the rate of five percent (5 %) simple interest of the initial Base Cost. 3. The Base Cost shall be multiplied by .10 to establish a District reserve fee to fund District operations and reserve ("District Reserve Fee"). The District Reserve Fee shall not be subject to the cost recovery provisions of paragraph 23 below. 4. The sum of the Base Cost and the District Reserve Fee shall be the Service Property Tap Fee. For purposes of example only, the Year 1 Service Property Tap Fee, based upon a Plant Project Budget of $4,510,000 with surface stream discharge into Landis Creek is as follows: Funding Landowner Cost per EQR $3,702 District Reserve Fee $370 Total Tap Fee $4,072 B. Unallocated Tap Fees Unallocated Tap Fees shall be established Board shall establish such Unallocated Tap Fee times the then -existing Service Property Tap Fee. (10%) of the Unallocated Tap Fee. by the District Board; provided, however, the at no less than 1.5 and at no greater than 2.0 The District Reserve Fee shall be ten percent 21. Landowner Tap Allocation Modifications. Following completion of construction of the Plant, the Funding Landowners may transfer Tap allocations among themselves pursuant to the terms and conditions of this paragraph upon thirty (30) days notice to the District Board. Following completion of construction of the Plant, any Landowner may request the District modify its Tap allocation requested in Tables A and B of paragraph 19 of this Agreement. In the event a Landowner requests an increase in Tap allocation, the request shall be granted by the District Board on a first-come, first-served basis, to the extent unallocated Plant capacity remains as determined by the District Engineer, provided such Landowner shall be required to pay the Unallocated Tap Fee identified in paragraph 20.B., above. In the event a Landowner requests a decrease in Tap allocation, the request shall be granted by the District; provided, however, the District shall not sell such Taps prior to use of the District's entire Unallocated Taps, nor shall the District sell such Taps prior to use of any other Landowner's Tap allocation already returned to the District under the provisions of this paragraph. Any Taps returned to the District by a Funding Landowner shall be sold at the Unallocated Tap Fee rate. The Funding Landowner shall receive cost recovery for the full amount collected by the District less F: \ 1999\Agreements SV S D -Development -A gmt-Final. wpd -16- • the District Reserve Fee, following sale of a returned Tap; provided, however, such cost recovery is subject to the cost recovery limitations of paragraph 24, below. 22. Spring Valley Development 35 Acre Property Tap Allocation. SVD may request up to eighty-three (83) additional EQRs over and above the number required for its Service Property. Such EQRs shall be for the purpose of servicing, if required, 35 acre parcels on property to be a part of SVD's development in the Spring Valley area as more particularly described in Exhibit E, attached hereto and incorporated herein by this reference (the "35 Acre Property"). If such additional EQRs are requested by SVD and SVD provides funding for construction of the Plant based on the inclusion of such EQRs in its EQR request in Table B, the District shall provide wastewater treatment service to the 35 Acre Property. By acknowledging this obligation to serve the 35 Acre Property, the District is not stating whether inclusion of the 35 Acre Property into the District will be required or accepted, nor is the District acknowledging any obligation to accept a dedication of the wastewater collection and trunk lines in the 35 Acre Property. If the 35 Acre Property is included within the District boundaries, the District is not required to accept a dedication of the wastewater collection lines located on the 35 Acre Property; however, if dedication of the collection lines is not accepted by the District, service charges to the 35 Acre Property shall not exceed those established for other properties within the District's boundaries. If the 35 Acre Property is not included within the District boundaries, service charges to the 35 Acre Property shall be no more than 150 % of the service charges to other users of the Plant. Tap Fees for the 35 Acre Property shall be the Service Property Tap Fee as described in paragraph 20.A., above. The use of ISDS on the 35 Acre Property shall not be subject to the connection requirement described in paragraph 7, above. 23. Cost Recovery. The District shall reimburse the Plant Project Cost to the Funding Landowners by providing a rebate upon collection of Tap Fees by the District according to the following formulas: A. Cost Recovery from Service Property Tap Fees 1. The District Reserve Fee shall be retained by the District. 2. The Construction Cost per EQR portion of each Service Property Tap Fee collected by the District shall be placed in a Construction Fee cost recovery interest-bearing escrow account, and all such fees and interest earned thereon shall be reimbursed quarterly to the Funding Landowner from whose Service Property the Tap is sold. 3. Any remaining Service Property Tap Fee amounts collected by the District under paragraph 20.A., above, shall be placed in a Subsidy cost recovery interest-bearing escrow account, and all such fees and interest earned thereon shall be reimbursed quarterly to the Funding Landowners, based upon their Funding Percentage identified in Paragraph 19, Table B, above. F: \ 1999\Agreements \S VSD-Development-Agmt-Final. wpd -17- • B. Cost Recovery from Unallocated Tap Fees 1. The District Reserve Fee shall be retained by the District. 2. The remaining Unallocated Tap Fee amount collected by the District shall be placed in the Subsidy cost recovery interest-bearing escrow account, and all such fees and interest earned thereon shall be quarterly reimbursed to the Funding Landowners, based upon their Funding Percentage identified in Paragraph 19, Table B, above. In the event the Funding Landowners are required to provide financing for the In -District Users, Auburn Ridge, and Pinon Pines under paragraph 19 above, all Surcharge payments as described in paragraph 19 above received by the District from the In -District Users, Auburn Ridge, and Pinon Pines shall be placed in the Subsidy cost recovery interest-bearing escrow account, and all such fees and interest collected thereon shall be quarterly reimbursed to the Funding Landowners, based upon their Funding Percentage identified in Paragraph 19, Table B above, and subject to the cost recovery limitations identified in paragraph 24 below. 24. Cost Recovery Limitations. The Funding Landowners agree that cost recovery under the provisions of this Agreement shall be solely from District revenues, and any Funding Landowner cost recovery rights shall not be deemed a debt repayment obligation by the District. Further, the Funding Landowners agree that the District's cost recovery obligation shall not exceed disbursement of funds placed in the cost recovery escrow accounts; however, the District may, in its sole discretion, elect to provide cost recovery from alternative funding sources. Each Funding Landowner's right to cost recovery shall terminate upon the occurrence of any of the following events, whichever is earliest: A. Recovery of the Funding Landowner's actual costs expended for construction of the Plant (including any amounts provided to finance the In -District Users, Auburn Ridge, and Pinon Pines), plus five percent (5 %) interest earned on the unrecovered sum, compounded annually; or B. Recovery of the Funding Landowner's actual costs expended for construction of the Plant (including any amounts provided to finance the In -District Users, Auburn Ridge, and Pinon Pines), plus interest earned on the unrecovered sum totaling two hundred percent (200%) of the Funding Landowner's actual costs expended for construction of the Plant; or C. The expiration of the twenty-fifth (25`'') full year of Plant operation, such Plant operation to commence upon the date following completion of Plant construction. F: \ 1999\Agreements \SVSD-Development-Agmt-Final. wpd -18- • 25. Operation of the Plant. The District shall be solely responsible for operation of the Plant. The Landowners agree that each Funding Landowner shall pay to the District a quarterly Operational Reserve Fee for each unsold Tap identified in Paragraph 19, Table B, above, under the terms and conditions herein. Subject to the provisions of paragraph 35 below, the Operational Reserve Fee shall constitute a perpetual lien on and against each Funding Landowner's Service Property under Colo. Rev. Stat. § 32-1-1001(1)(j). The District Board, in its sole discretion, may modify the Operational Reserve Fee on a quarterly basis, provided such fee shall not exceed $16.00 per unsold Tap per quarter. The Funding Landowners shall pay the Operational Reserve Fee to the District in quarterly installments commencing the year of initial Plant operation. In consideration of the Funding Landowners' agreement to pay the Operational Reserve Fee, the District agrees to establish and utilize the following minimum assessments to ensure revenue generation for operations, maintenance, repair and replacement of the Plant: A. Service Charges for private Tap owners connected to the District Plant shall be assessed at a minimum of $24.00 per month; and B. Service Charges for private Tap owners who have not yet connected to the District Plant shall be assessed at a minimum of $6.00 per month; and C. The District's mill levy shall be a minimum of four (4) mils, or the maximum mill levy rate which the District is permitted to establish under Colorado state law, whichever rate is lower. The parties agree that all Operational Reserve Fee amounts collected from the Funding Landowners shall be used exclusively for any operational and maintenance shortfall or extraordinary repair or replacement associated with the Plant. The parties further agree that such obligation is a contractual agreement between the District and the Funding Landowners, and any Operational Reserve Fee payments shall not be deemed availability of service fees or standby fees under the provisions of Colo. Rev. Stat § 32-1-1006. The District agrees it shall maintain an interest-bearing reserve account containing all Operational Reserve Fee amounts, which will be utilized only upon exhaustion of service fees, standby fees, mill levy revenues, and District Reserve Fees collected by the District. In the event the Operational Reserve Fee reserve account exceeds $150,000, the District shall suspend assessment of Operational Reserve Fees upon the Funding Landowners until such time as the reserve account balance is less than $150,000. In the event the District does not require a draw from the Operational Reserve Fee reserve account for any consecutive thirty-six (36) month period, any further Operational Reserve Fee obligations by the Funding Landowners shall terminate, and the reserve account funds shall be available for discretionary use by the District. 26. Notification of District Business. From and after the effective date of this Agreement as provided in paragraph 31 below, the District shall provide to each Funding Landowner, at the address provided in paragraph 30, below, notice of all District Board of Directors meetings and copies of all non -privileged materials provided to any member of the District Board of Directors. F: \ 1999\Agreements\S VSD-Development-Agmt-Final. wpd -19- • 27. Withdrawal and Termination. Any Funding Landowner may elect to withdraw from this Agreement prior to inclusion within the District and fulfillment of the Plant Project Cost financial guarantee obligations under paragraph 18 above. In the event of withdrawal, such Funding Landowner shall have no right or claim for reimbursement or credit for costs or financial guarantees provided to the District pursuant to this Agreement or the Initial Funding Agreements. Upon such withdrawal, the remaining parties may elect to continue to operate under the terms and conditions of this Agreement with a readjustment of the pro rata capital contribution obligations and cost recovery rights of the remaining Landowners. This Agreement may be terminated by mutual agreement of all parties who have not previously withdrawn upon ten (10) days notice for any reason; provided, however each Landowner shall be responsible for its share of all costs incurred. In the event the parties agree to terminate this Agreement following failure to approve a mutually acceptable Plant Project Budget under the provisions of paragraph 15, above, such termination shall not be construed as a breach by the District or the Funding Landowners, and no party shall incur liability for failure to complete construction of the Plant. 28. Breach by District: Landowners' Remedies. In the event of a breach of any of the material terms and conditions of this Agreement by the District, the parties agree that the rights acquired by the Landowners under this Agreement are such that the failure of the District to perform its obligations hereunder would cause irreparable harm to the Landowners and there may be no adequate remedy at law. The parties therefore agree that , in addition to any other equitable or legal remedies, the obligations of the District shall be specifically enforceable in any court of competent jurisdiction. In the event of litigation concerning this Agreement, any prevailing Landowner shall be entitled to an award of reasonable costs and attorney fees. 29. Breach by Landowners; District's Remedies. In the event of a breach of any of the material terms and conditions of this Agreement by one or more of the Landowners, the Board shall be notified immediately, and the District may take such action as the District deems necessary to protect the public health, safety, and welfare, to protect lot purchasers and builders, and to protect the users of District facilities from hardship. A failure by a Funding Landowner to pay Plant construction payments as required by paragraph 18 above shall be remedied by the District through resort to the Funding Landowner's financial guarantee. With respect to all other material breaches, in addition to all other remedies available at law, the District may: A. Record with the County Clerk and Recorder an affidavit, approved in writing by the Board and signed by the Chairman of the Board or any Board member, stating that the terms and conditions of this Agreement have been breached by the Landowner or Landowners. At the next regularly scheduled Board meeting, the Board shall either approve the filing of said affidavit or direct a District representative to file an affidavit stating that the default has been cured. Upon the recording of such an affidavit, no further District services or assistance will be provided in connection with the breaching Landowner's Service Property until the default has been cured. An affidavit signed by the Chairman of the Board or F: \ 1999\Agreements\S VSD -Development -Agent -Final. wpd -20- • any Board member and approved by the Board stating that the default has been cured shall remove this restriction; B. Call the appropriate Funding Landowner's financial guarantee(s) given, in their entire remaining amounts, for the construction of the Plant; C. Refuse to initiate the provision of wastewater treatment services to the breaching Landowner's Service Property; D. Pursue collection of any amounts due and unpaid, which includes the right to collect attorneys' fees, filing fees, and lien recording fees incurred in such collection efforts, in addition to the unpaid amounts due and interest charges. Unless necessary to protect the immediate health, safety, and welfare of the District users, the District shall provide the Landowners ten (10) days' written notice of its intent to take any action under this paragraph during which ten day period the breaching Landowner or Landowners may cure the breach described in said notice and prevent further action by the District. The District can extend the deadline for cure at its discretion. Furthermore, unless an affidavit as described in paragraph A., above, has been recorded with the Garfield County Clerk and Recorder, any person dealing with Landowners shall be entitled to assume that no default by Landowners has occurred hereunder unless a notice of default has been served upon the Landowner or Landowners as described above, in which event such Landowner or Landowners shall be expressly responsible for informing such third party of the District's claim of default. Nothing in this paragraph shall be construed to limit any rights or remedies of the Landowners in the event of breach by any other Landowner(s). 30. Notices to the Parties. All notices, requests, demands, consents, and other communications pertaining to this Agreement shall be transmitted in writing and shall be deemed duly given when received by the parties at their addresses below or any subsequent addresses provided to the other party in writing. Spring Valley Development, Inc.: With copy to: F: \ 1999\Ag reements\SVSD-Development-Agmt-Final. wpd -21- Attn: General Manager 411 East Main Street, Suite 205 Aspen, CO 81611 Phone: (970) 920-9103 Fax: (970) 920-9145 Anne J. Castle, Esq. Holland & Hart, LLP 555 Seventeenth Street, Suite 3200 Denver, CO 80202 Phone: (303) 295-8400 Fax: (303) 295-8261 and • Berkeley Family Limited Partnership: With copy to: Colorado Mountain Junior College District: With copy to: Los Amigos Ranch Partnership: F: \ 1999\A g reements\S V SD-Development-Agmt-Final. wpd -22- Atlantic Gulf Communities Attn: General Counsel 2601 Bayshore Drive Miami, FL 33133-5461 Phone: (305) 859-4071 Fax: (305) 859-4063 Michael Berkeley, M.D. 3961 County Road 114 Glenwood Springs, CO 81601 Phone: (970) 945-5432 Fax: (970) 945-4120 or 947-0012 John R. Schenk, Esq. Schenk, Kerst & DeWinter 302 Eighth Street, Suite 310 Glenwood Springs, CO 81601 Phone: (970) 945-2447 Fax: (970) 945-2440 Dr. Robert H. Spuhler, Vice President P.O. Box 10001 Glenwood Springs, CO 81602 Phone: (970) 945-8691 Fax: (970) 947-8385 Glenn D. Chadwick, Esq. Beattie & Chadwick 710 Cooper Avenue, Suite 200 Glenwood Springs, CO 81601 Phone: (970) 945-8659 Fax: (970) 945-8671 Thomas E. Neal, Managing Partner 141 West Jackson Blvd., Room 1720 Chicago, IL 60604 Phone: (312) 705-1915 Fax: (312) 416-1805 • With copy to: Colorado Pinon Pines, Ltd.: With copy to: Auburn Ridge: Notice to District: With copy to: F: \ 1999\A greements\S V SD-Development-Agtnt-Final. wpd -23- Lawrence R. Green, Esq. Balcomb & Green, P.C. 818 Colorado Avenue P. O. Drawer 790 Glenwood Springs, CO 81602 Phone: (970) 945-6546 Fax: (970) 945-9769 Mr. Bernard S. Selwyn Colorado Pinon Pines, Ltd. 5900 Wilshire Blvd., Suite 420 Los Angeles, CA 90036 Phone: (323) 650-2511 Fax: (323) 650-0586 John A. Thulson, Esq. Balcomb & Green, P.C. 818 Colorado Avenue P. O. Drawer 790 Glenwood Springs, CO 81602 Phone: (970) 945-6546 Fax: (970) 945-8902 William and Pamela Gibson Auburn Ridge Apartments P.O. Box 376 Basalt, CO 81621-0376 Phone: (970) 927-3846 Fax: (970) 927-1298 Spring Valley Sanitation District 2929 County Road 114 Glenwood Springs, CO 81601 Phone: (970) 945-6399 Fax: (970) 945-6399 Loyal E. Leavenworth, Esq. Leavenworth & Tester, P.C. P. O. Drawer 2030 Glenwood Springs, CO 81602 Phone: (970) 945-2261 Fax: (970) 945-7336 • • 31. Effective Date. The effective date of this Agreement shall be the later of the date(s) on which this Agreement is executed by the parties. The effective date of inclusion shall be the date of the Court Order issued pursuant to Colo. Rev. Stat. §32-1-401 formally including the Service Property in the District. 32. Assignment and Binding Effect. Subject to rights to assign effluent described in paragraph 10 above, this Agreement may be assigned by a Landowner only with the written consent of the District and the remaining Landowners; provided, however, that a Landowner may assign without consent to a successor in interest to all assets of the original Landowner. In the event any Landowner desires to assign its rights and obligations herein, whether consent is required or not, it shall so notify the District in writing, together with the proposed assignee's written agreement to be bound by the terms and conditions of this Agreement. The District's obligations under this Agreement may not be assigned without consent of each of the Landowners. This Agreement shall be binding upon and inure to the benefit of the parties and their successors, assigns, heirs, devisees, or transferees. 33. Several Obligations of Landowners. The obligations of the Landowners under this Agreement shall be several obligations only, not joint and several. Each Funding Landowner shall be responsible only for its Funding Amount as described in paragraph 19, Table B, above, and shall have no further obligation to the District or the other Landowners in the event of a default by any other Funding Landowner. 34. No Additional Waiver Implied by One Waiver. In the event any covenant or condition contained in this Agreement is breached by any party and thereafter waived by the remaining parties, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder, including a subsequent breach of the same covenant or condition. 35. Non -Applicability to Lot Purchasers. This Agreement establishes the respective rights and obligations among the Landowners and the District. It is not applicable to purchasers of individual lots in the Service Property from the Landowners. Such lot purchasers shall be subject to the Rules and Regulations of the District and to the provisions of the Special District Act, Colo. Rev. Stat. § 32-1-101, et seq. This Agreement shall not be deemed a cloud, defect, lien, or encumbrance on the title of any lot created from the Service Property and shall not affect the marketability of title to such lots. 36. Recordation; Notice to District Users; Covenants. Upon execution, this Agreement shall be recorded in the Office of Clerk and Recorder, Garfield County, Colorado. The parties agree and intend that this Agreement, subject to the provisions of paragraph 35 above, shall run with the Service Property and be a burden and covenant on that property. 37. Complete Agreement. This Agreement, together with the Initial Funding • Agreements and that certain Agreement between the District and CMC dated July , 1999, attached hereto as Exhibit F and incorporated herein by this reference, constitute the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has F:11999 \Agreements \ SVSD-Development-Agmt-Final.wpd -24- • been made by any party, and no understanding exists with respect to the transactions contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are embodied and merged into this Agreement. 38. Enforceability. If any covenant, term, condition, or provision of this Agreement shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such covenant, term, condition, or provision shall not affect any other provision contained herein. 39. Captions. The captions in this Agreement are inserted only for convenience and in no way define, limit or prescribe the scope or intent of this Agreement, or any part thereof. 40. Governing Law. Laws of the State of Colorado shall govern the validity, performance, and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action shall be in Garfield County, Colorado. 41. Warranty of Authority. Each person executing this Agreement represents and warrants that he or she has been duly authorized by one of the parties to execute this Agreement and has the authority to bind said parties to the terms and conditions thereof. 42. Attorney Fees and Costs. In the event that legal action is necessary to enforce the provisions of this Agreement, the prevailing party shall be entitled to damages and reasonable attorney fees and costs. All rights concerning remedies and/or attorneys' fees shall survive any termination of this Agreement. 43. Amendments. This Agreement may be amended from time to time by the parties in written form and executed in the same manner as this Agreement. 44. Counterparts. This Agreement may be executed in duplicate counterpart originals, each of which shall constitute an original but all of which shall constitute one and the same Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth next to their signatures. F: \ 1999\Agreements \S VSD-Development-Agmt-Final. wpd [Signatures on following page] -25- • Date ATTEST: Secretary By Date By Date By Date By Date By Date By Date Date F: \ 1999\A greements\S V S D-Development-Agmt-Fi nal. wpd SPRING VALLEY SANITATION" DISTRICT Greg Boecker, Chairman SPRING VALLEY DEVELOPMENT, INC. Joel K. Goldman, Vice President and Secretary BERKELEY FAMILY LIMITED PARTNERSHIP Michael Berkeley, General Partner COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT Dr. Robert H. Spuhler, Vice President LOS AMIGOS RANCH PARTNERSHIP Thomas E. Neal, Managing Partner COLORADO PINON PINES, LTD. Bernard S. Selwyn William Gibson Pamela Gibson -26- STATE OF COLORADO ) • ) ss. COUNTY OF ) • Acknowledged, subscribed, and sworn to before me this day of 1999, by Greg Boecker, as Chairman, of the Spring Valley Sanitation District. WITNESS my hand and official seal. My Commission expires: STATE OF COLORADO COUNTY OF Notary Public Acknowledged, subscribed, and sworn to before me this day of 1999, by Joel K. Goldman, as Vice President and Secretary for Spring Valley Development, Inc. WITNESS my hand and official seal. My Commission expires: STATE OF COLORADO ) ) ss. COUNTY OF ) Notary Public Acknowledged, subscribed, and sworn to before me this day of 1999, by Michael Berkeley, as General Partner, for Berkeley Family Limited Partnership. WITNESS my hand and official seal. My Commission expires: STATE OF COLORADO ) ) ss. COUNTY OF ) Notary Public Acknowledged, subscribed, and sworn to before me this day of , 1999, by Dr. Robert H. Spuhler, Vice President of Colorado Mountain Junior College District. WITNESS my hand and official seal. . My Commission expires: F: \ 1999\Agreements\SVSD-Development-Agmt-Final. wpd -27- Notary Public STATE OF COLORADO ) • ) ss. COUNTY OF ) Acknowledged, subscribed, and sworn to before me this day of 1999, by Thomas E. Neal, as Managing Partner, for Los Amigos Ranch Partnership. WITNESS my hand and official seal. My Commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF ) Acknowledged, subscribed, and sworn to before me this day of 1999, by Bernard S. Selwyn, as , for Colorado Pinon Pines, Ltd. WITNESS my hand and official seal. My Commission expires: STATE OF COLORADO COUNTY OF Notary Public Acknowledged, subscribed, and sworn to before me this day of 1999, by William and Pamela Gibson. WITNESS my hand and official seal. My Commission expires: F: \ 1999\A g reements\S V SD-Development-Agmt-Fina1. wpd -28- Notary Public • 1- 8 Z 0 8 1 1 1 1 • EXHIBIT 12.1 LIFT STATION/PUMP STATION DESIGN CALCULATIONS Valley Lift Station (A) Sizing: Unallocated 100 EQR Chenoa 646 EQR LSR 112 EQR 858 EQR (B) Capacity: ADF = 858 x 350 gpd = 209 gpm 1440 Pumping rate = 4.5 x ADF = 938 gpm (C) Calculation of TDH: Static: < 10' Headloss: Use 8" DIP 8500 If @ 1.5671001= 133' Add 10% for fitting Toss = 146' TDH: 1561 (D) Use three (3) pumps, each 1/2 Qp Hp @ 469 gpm/1 56 TDH Hp = gpm x TDH x 1 x 1 3 960 Eff, Eff2 =469x156x 1 x 1 = 3H 3960 70% 80% Use 40 Hp L: \ I g\DG\ 15 03 a 0 8.1 ifts t ti o n. c a l c. • Effluent Pump Station (A) Sizing: 499,450 gpd (B) Capacity: ADF = 347 gpm Pumping rate = 4.5 x ADF = 1 562 gpm (C) Calculation of TDH: Static: 6675 to 7048 = 373' Headloss: Use 12" DIP 13,000 If x 0.556'/100' = 72' Add 10% for fitting loss = 80' TDH: 453' • (D) Use 3 pumps, each @ % Qp • L:\ lg\DG\ 1503a 08.1 iftsttion. c alc. Hp @ 781 gpm/453 TDH Hp = 781 gpm x 453 TDH x 1 x 1 = 160 Hp. 3960 0.70 0.80 Hp = 1 50 Hp each • • • Lower Bench Lift Station (A) Sizing: 80 EQR (B) Capacity: ADF = 80 X 350 gpd = 19 gpm 1440 Pumping rate = 4.5 x ADF = 88 gpm Use 100 gpm (C) Calculation of TDH: Static: 6755 - 6225 = 530' Headloss: Use 4" DIP 5500 If @ 0.725'/100' = 40' Add 10% for fitting loss = 44' TDH: 574' (D) Use two (2) pumps, each @ Qp L:\lg\DG\ 1503a08.Iiftsttion.calc. Hp @ 100 gpm/574 TDH Hp = apm x TDH x 1 x 1 3960 Effl Eff2 Hp = 100 X 574 X 1 X 1 = 26 Hp. 3960 70% 80% Use 30 Hp ) mo�• � Cook naa0CD o Cr a �'. oo�0) toCM, C.I• O. A 3 N 00 • oNI co coo VW O O n m m 33 et33O z 'ONI 1:13A 3W 0095= ..I :TWOS' cb t. co 1 1 uze3:u.no • j ( • • ,,••••" „on., th P:1 :131 w (Th 0 HN .Xg UM Dia 0 01 (D)T-9 a-in5U "Og a tZ 4 (q)I-9 a-01512 c/) • TABLE 3.1 SPRING VALLEY SANITATION DISTRICT EXISTING SERVICE AREA - EQR BASIS AREA EQR BASIS CURRENT Units EQR Population Equivalent LOS AMIGOS RANCH Single -Family 1.0 EQR/SF 49 49.0 172 Auburn Ridge, Phase I Varies 48 29.5 103 COLORADO MOUNTAIN COLLEGE Varies N/A 51 179 PINYON PINES APARTMENTS 0.3 EQR/bed 200 60.0 210 TOTAL 189.5 664 NOTES: 1. EQR basis from Service Plan for Spring Valley Sanitation District, July, 1979. 2. Population equivalent defined as 3.5 per EQR. • tables \1 503a08.3-1 • TABLE 3.2 SPRING VALLEY SANITATION DISTRICT EXPANDED SERVICE AREA - EQR BASIS ACREAGE, EQRs and POPULATION EQUIVALENTS (PE) ANTICIPATED DENSITY GARFIELD COUNTY COMPREHENSIVE PLAN APPROVED DENSITY PROPERTY DESIGNATION ACREAGE EQR PE2 EQR PE2 A. Existing Usersfi • Los Amigos Ranch PUD --- 49 172 49 172 • CMC --- 51 179 51 179 • Auburn Ridge --- 29.5 103 29.5 103 210 • Pinon Pines_ 46 161 60 Subtotal 350 175.5 614 189.5 664 B. Additional Users Within Existing District Service Area • Los Amigos Ranch PUD --- 1194 417 1194 417 - CMC --- 613 214 613 214 - Auburn Ridge II _ 29.5 103 29.54 103 Subtotal 1,437 209.5 733 209.5 733 C. Requests - Expanded Service Area • Los Amigos Ranch PUD 1,084 151 529 1514 529 • Spring Valley Ranch PUD 5,909 646 2,261 2,7504 9,625 • Lake Springs Ranch PUD 441 112 392 1954 683 7,434 909 3,182 3,096 10,836 D. Unallocated - Expanded • District Service Area 3,292 133 466 5485 1,922 TOTALS 12,513 1,427 4,995 4,043 14,155 NOTES: 1. Assumption for Amended Service Plan is that one (1) dwelling unit equates to one (1) EQR. 2. One (1) unit equates to 3.5 Population Equivalent (PE). 3. Assumed that CMC Anticipated Density and Approved Density is identical. 4. Approved PUD density. 5. Garfield County Comprehensive Density of 6 acres/dwelling unit. 6. Category A is based upon actual, existing users. tables/1503x08.3-2 DWG:Iec/:08,3/99 rev: 9/10/99 TABLE 3.3 - O N M in c0 ti N J A- ,0 O N O A- tfl P A- J A -- -V1 V', p CV N p L s0 A- N J O -4- JO 0 N Ln O N M co M A - r4 -1 O N O N I1363 N O N p .- J .- J N P M in A- �O N O J ' J N Lel M A- O0 N 0 N N A- 0,I.-- O O N p J N ,0 N 00M O O N p 1- J A- J N J tiP O p N p V1 P N CVCV .43O O O N 0 ...} N In O ...1- P 0 O N p J N ti N N A- J0` O O N O J M V N J P O art OA- N CsJ M in L.0 .- P J N O CVO co Nc0 O p N CO V r- ‘or 0`' N .0 - V1 O O N 26 1 Lel • P N P 0 V Lel . M O O O 0.1 N Vl M '- J V1 LnI I 185.5 a- CC W TOTAL M Vl M 4- M N r,-- O N N - '0 MI MI A- PROJECT v N U O CO C � C C0 0) • x W E L 0 U L U L N L 0 U E U CL < J u~ ) a-, 0 _J C .- y, a N •- < x J LU 0 -0 c L - L _ Q Lake S rings Chenoa V) J < 0 O /- W J M f U N cc "3 > r> c 06g' c (f) O Z � _,2 O B a B d Z °a Revised 9/27/99 • • TABLE 4.1 ASSUMED EFFLUENT LIMITATIONS PARAMETER DEVIlTT RATIONALE Flow, mgd 0.499' Approved Capacity BOD5, mg/1 30/45b State Effluent Regulations TSS, mg/1 30/45° State Effluent Regulations Total Ammonia, mg/1 27* State Effluent Regulations (site specific) Fecal Coliform, no/100 mi 200/100 Fecal Coliform Policy (site specific) Total Residual Chlorine, mg/I 0.5` State Effluent Regulations pH, s.u. (minimum -maximum) 6.0 - 9.0° State Effluent Regulations Oil and Grease, mg/1 1 10` State Effluent Regulations Salinity Report Salinity Regulations ' = 30 -day average b = 30 -day average/7-day average ` = Daily Maximum ° = Minimum -Maximum = Estimated by District consulting engineers for the month of July = 7 -day mean F:\1999\Documents\SVSD-Site Application -3. wpd September 17, 1999 -34- TABLE 10.1 (a) SPRING VALLEY SANITATION DISTRICT illkSTEWATER TREATMENT FACILITY DATION DITCH 500,000 gpd capacity SCHMUESER GORDON MEYER CALCULATED: LOM FILE SVSD Date: sept 19, 1999 NO. ITEM/DESCRIPTION 1 ESTIMATED QUANTITY UNITS UNIT PRICE TOTAL PRICE 1 PRETREATMENT BLDG EXCAVATION 600 CY $7 $4,200 CONCRETE 125 CY $400 $50,000 BUILDING 1295 SF $100 $129,500 FLUME 1 LS $1,500 $1,500 MISC GRATING 1 LS $6,000 $6,000 MECHANICAL BAR SCREEN 1 LS $50,000 $50,000 PLANT PIPING 300 LF $20 $6,000 FLOW MEASUREMENT 1 LS $4,000 $4,000 GRIT EQUIPMENT 1 LS $45,000 $45,000 MISC BAFFLES, WEIRS, CHANNEL GATES 1 LS 52,500 $2,500 MISC FITTINGS AND VALVES 1 LS 1500 $1,500 MANUAL BAR SCREEN 1 LS 2500 $2 500 ODOR CONTROL 1 LS 20000 $20,000 TOTAL $322,700 2 CONTROL BUILDING EXCAVATION 500 CY $7 $3,500 CONCRETE 112 CY $400 $44,800 BUILDING 1200 SF $100 $120,000 ELECTRIC 1 LS $100,000 $100,000 AS PUMPS 2 2 EA EA $15,000 $15,000 $30,000 $30,000 WAS PUMP SLUDGE TRANSFER PUMP 1 EA $25,000 $25,000 RAS,WAS METERS 2 EA $3,000 $6,000 PIPING, VALVES AND FITTINGS 1 LS $15,000 $15,000 BLOWER FOR DIGESTOR AND GRIT 1 LS $50,000 $50,000 LAB EQUIPMENT 1 LS $20,000 520,000 TOTAL $444,300 3 AERATION BASINS 2 EXCAVATION 9,567 CY $7 $66,967 CONCRETE 1,108 CY $350 $387,800 FOUR (4) HIGH SPEED AERATORS 1 LS $165,000 $165,000 TWO (2) 3 HP SUBMERGED TURBINE MIXERS 1 LS $40,000 $40,000 MISC PIPING WALKWAYS, RAILS ECT 1 LS $20,000 $20,000 ELECTRIC 1 LS $30,000 $30,000 ENCLOSURE (none) 0 SF $40 $0 TOTAL $7097767 4 DIGESTOR EXCAVATION 8072.22 CY $7 556,506 CONCRETE 200.00 CY $350 $70,000 DIFUSSERS 2500.00 SF $8 $20,000 MISC PIPING 1.00 LS $10,000 $10,000 HATCHES, WEIRS, GRATING ECT 1.00 LS $4,000 $4 000 BUILDING 0.00 SF $80 $0 SLUDGE DEWATERING 1.00 LS $100,000 $100,000 ODOR CONTROL 0.00 LS 520,000 $0 TOTAL $260,506 s CLARIFIERS 2 XCAVATION 1395.56 CY $7 $9769 CONCRETE 200 CY $500 $100,000 SLUDGE COLLECTION EQUIPMENT 2 LS $50,000 $100,000 ENCLOSURE 2034.72 SF $50 $101,736 ELECTRIC 1 LS $15,000 $15,000 MISC PIPING/SCUM EQUIP 1 LS $15,000 $15,000 TOTAL $301,736 6 SITE WORK YARD PIPING 400 LF $50 $20,000 SITE GRADING 1 LS $20,000 $20,000 YARD VALVES 8 EA $500 $4,000 SPLITTER BOX 3 EA $5,000 $15,000 MANHOLES 5 EA $1,500 $7,500 DEWATERING 1 LS $0 $0 GRAVEL SURFACING 500 TONS $18 $9,000 LANDSCAPING 1 LS $15,000 $15,000 ELECTRIC SERVICE 1 LS $25,000 $25,000 ACCESS ROAD 1 LS $50000 $50,000 TEMP TOILET 1 LS $5,000 $5,000 CLEAR AND GRUB 1 LS $7,500 $7,500 TEMP OFFICE 1 LS $5 000 $5,000 SITE ELECTRIC 200 LF $15 $3,000 MOB/DEMOB 1 LS $50,000 $50,000 EMERGENCY GENERATOR 1 LS $30,000 $30,000 TOTAL $266,000 7 CHLORINE CONTACT/DECHLORINATION EXCAVATION 148 CY $7 $1,037 CONCRETE 50 CY $400 $20,000 WIERS AND GATES 1 LS $5,000 $5000 SCUM SKIMMER 1 LS $10,000 $10000 GRATING 1 LS $5,000 $5,000 RAILS 1 1 1 LS LS LS $2,500 $5,000 $20,000 $2,500 $5,000 $20,000 EFFLUENT METER GAS CHLORINATION SULFUR DIOXIDE 1 LS $20,000 $20,000 GATES 2 EA $2,500 $5,000 MISC PIPING 1 LS $5,000 $5,000 TOTAL $98,537 PLANT TOTAL $2,403,545 25% CONTINGENCY TOTAL $ PER GAL PER DAY $600,886 $3,004,432 6.0088631481481 TABLE 10.1 (b) SVSD Or STATION ESTIMATE (District site) sept 16, 1999 SGM INC OPINION OF PROBABLE COST (pump sewage from Spring Valley to District site) NO. ITEM/DESCRIPTION ESTIMATED QUANTITY UNITS UNIT PRICE TOTAL PRICE 1 FORCE MAIN 6100.00 LF $25 1 MOBILIZATION/DEMOBILIZATION 1 LS $5,000 $5,000 2 LIFT STATION 1 LS $125,000 $125,000 3 FORCE MAIN 11000 LF $15 $165,000 4 CLEAN OUTS 44 LF $250 $11,000 5 POWER 1 LS $25,000 $25,000 $500 SUBTOTAL $331,000 •SUBTOTAL ENGR 7% $316,850 $23,170 CONTINGENCY 10% $22,180 CONTINGENCY 10% $33,100 TOTAL 331,685 TOTAL $387,270 TABLE 10.1 (c) SVSD LIFT STATION ESTIMATE (District site) sept 16, 1999 SGM INC OPINION OF PROBABLE COST (pump treated effluent from District site to discharge point) NO. ITEM/DESCRIPTION ESTIMATED QUANTITY UNITS UNIT PRICE TOTAL PRICE 1 FORCE MAIN 6100.00 LF $25 1 MOBILIZATION/DEMOBILIZATION 1 LS $5,000 $5,000 2 LIFT STATION 1 LS 3125,000 $125,000 3 FORCE MAIN 11000 LF $15 $165,000 4 CLEAN OUTS 44 LF $250 311,000 $2,178 38 850 7 ASPHALT RESTORATION 10.00 TON $50 $500 SUBTOTAL $306,000 •SUBTOTAL ENGR 7% $316,850 $21,420 CONTINGENCY 10% $22,180 CONTINGENCY 10% $30,600 TOTAL 331,685 TOTAL $358,020 TABLE 10. 1 (d) SVSD LIFT STATION ESTIMATE (LOWER BENCH) sept 16, 1999 SGM INC OPINION OF PROBABLE COST (pump sewage from lower Bench to District site) NO. ITEM/DESCRIPTION ESTIMATED QUANTITY UNITS UNIT PRICE TOTAL PRICE 1 FORCE MAIN 6100.00 LF $25 $152,500 2 AIR RELEASE VALVE 1.00 EA $5,000 $5,000 3 FORCE MAIN CLEANOUTS 9.00 EA $2,500 322,500 4 LIFT STATION 1.00 LS 3125,000 $125,000 5 CONNECTION TO EXISTING SYS 1.00 EA $2,500 $2,500 6SEEDING 4.06 ACRE $2,178 38 850 7 ASPHALT RESTORATION 10.00 TON $50 $500 •SUBTOTAL $316,850 ENGR 7% $22,180 CONTINGENCY 10% 331,685 TOTAL $370,715 TABLE 10.2 SONG VALLEY SANITATION DISTRICT ANNUAL OPERATION AND MAINTENANCE BASE COST SUMMARY BASE COSTS (DO NOT INCLUDE VARIABLE COSTS) sept 16, 1999 # ITEM ANNUAL EXPENSE [Si 1 chemicals $1,500 2 lab $1,500 3 plant maintenance and supplies $6,000 4 operator labor $20,000 5 permits $650 6 bldg power $2,000 7 process power $1,500 8 equipment replacement $1,500 9 professional services $5,000 10 admin $6,000 11 biosolids management $5,000 SAL $50,650 • 0 U 2 0.50 J Z Z TABLE s J Q 1- 0 a= U U W m LL >- (f) -N LL F- OD OD 1- 1- J LL CAPITAL COST TOTAL CAP 2 0 al Z Q 20E O N �"w 69 691 $1 b4, 993 $189,880 N R N 494949494949 �CV N N el<1'�ryry� N Ni 5228,493 $231,572 $234,651 $237,217 $239,911 $241,835 2 E 7 7 N N 6969 8 E 7 7 N N 6969 c02 7 7 N N 696969 NCO 7 7 N N 69 2222 7 7 N N 7 7 N Cl 6969 Lo �S co 6949 rC' lOn_ I m w4 $164,993 $189,880 NCQNf- N C1. NCD N 69696969 N N a) N N $222,336 $225,415 $228,493 $231 ,72 $234,651 $241,835 $242,861 $242,861 $242,861 tcpp CO ((O N N 19 69 $242,861 $242,861 $242,861 $242,861 ccpp 00 CO N N NN N co- w co" � w w $18,679 k $22,377 I n r NNNN 69 69 N yo. 69 69 $27,199 $27,657 $28,114 a0m� NRR2 69 -1- cQ0�l 69 69 o�o pNp 01p pNp C�(hc+')2222(h�222 69 w w w pNp ON 69 w CCYpY pNp pNp No 69 69 69 69 QQN pNp 69 69 C Vp 69 En. ._.. pp_�� 00 Nr w �pm NCO to N 69696969 crc��occpp cO r N mc0 a) a) 6969 59,827 $9,960 $10,094 $10,227 $10,360 $10,494 $10,627 $10,738 $10,855 $10,939 $10,983 $10,983 $10,983 $10,983 $10,983 $10,983 $10,983 $10,983 $10,983 $10,983 $10,983 8 O J (D 2j 0m 696969696969696969 to Rj s O -.-N a) r-- CD �Ccy�)(I�cNpr co NNNN $26,285 $26,742 $27199 $27,657 $28,114 $28,572 $29,029 $29,410 529,811 $30,097 $30,249 $30,249 $30,249 $30,249 $30,249 pp ao ppppp 69 mM w 0 9 g w 6 $14,241 $22,978 r-: v- cv 0 68 69 $44,918 $47,471 $48,628 $49,585 $50,543 $51,500 $52,457 $53,415 $54,372 $55,170 $56,008 $56,606 $56,925 $56,925 $56,925 $56,925 $56,925 $56,925 $56,925 $56,925 $56,925 $56,925 $56,925 $56,925 SLUDGE 1 $8,294 E $15,962 $25,754 co a8 A� 69 69 C) pm 69 69 $54,505 $55,578 $56,651 $57,724 $58,797 $59,870 $60,943 $61,837 $62,776 $63,447 $63,805 $63,805 $63,805 $63,805 $63,805 $63,805 §§§g§m mO@cOCLOg 69 69 69 69 69 § 69 m §§§S8888§8D 28828222E2S $50,650 $50,650 $50,650 $50,650 $50,650 $50,650 §888§88,888888888Q 828 E 69 69 2E 69 2269E 69 69 69 8E 69 8E8 69 69 LIFT STA LL 151 N 7 g co- ...). ZQ gQ a0 CD 2 t17 to to o0000000000000000000000000000 to to In in t0 In to to to 10 1) In in u)ul to 1n( t7 l() to to to to to to In AVE DAY FLOW FMGD1 0.06 0.12 jr 0.20 0.29 0.35 0.39 0.42 0.43 0.44 0.44 0.45 0.46 0.47 0.48 0.48 0.49 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 �0 W LL a Ca7 --- c�Qc� i�ii�Si+Smcii� c�c�5�Q § 5�5�5� § i+Sih"c�ii+S(mi�Sc"hiSi+Sci"§§c,i�S§ih§§ c�QQQS� 5� S�c�Q d W (r00 m to vN NR N o ,- A ,- ,- �.-.-r-.-[-f- a)mr to a)m() 7 cp op co N N (V (V cO m t0)rrrN.rrrrrrrr w qg0 NNNN NNNN (7 V V? V�� V�? � V' V- V- �f r.. V-,c1��T- NNNN 7 7 V V V- 1- V' VT LLQ wRRB r N mg ggr o.- N Cy CV RR�RRR-RRRRRRRRRRCyR m v to CD r-- c0 69 R N N N N N N rN N m V t n c O r N a) O V N m 7 U) N r N a) R N N N N N CO N N CI N Cr-) a) V 69 co a) 69 CO N N N 69 69 51,013,000 $1,019,110 cc) 8 v 69 53,004,432 $1,116,005 PRESENT WORTH VALUES O & M SUMMARY 0 O1 .- N LD R LD H M m un r- H ,- 00 LO N LD CO H N m • M • 01 01 un H- 0 00 0 N N V' H O nn V' O1 LD H Os O LO lD LD 01 H $2,248,217 1 O (0 N IN LD CO un N H N. M O M 00 N H r. •1 l0 .- III .- M lA 0 01 01 00 M d• M H $3,747,9271 00 0 r\ Ni. l0 O V' H I $4,379,8551 0 N O N 0 r` V' V/ Ln co M- (0 N 0 r/1 H O un in O • LO • CO 0 to H I $6,026,9201 un olUDOrnh.0 - un - in - 0 Ln 01 0 I\ H 0 I. LD Vi d• o5 H an M 00 Ni a0 M 00 H Operating Surplus (D 01 N V' 61 5124,337 1 00 V' VD 01 c- H $236,651 $273,852 $274,740 $274,762 $268,744 ^ I\ ,- to n N H O c- LD - CO N H M V' 0 00 00 N H I $294,477 0 .- 01 0 O M lA M V m I\ O CO 69 N. M 01 00 O- M H .- 00 V' M H N. CO 0 rs .- M H u1 LD . - N N M H Ln LD m LD N M 61 $331,765 $332,845 $333,925 V1 0 - nn nn un CO ni nn un VD nn on un In LO 0 r. II CO CO CO H un LD c - r` M CO H $337,165 REVENUES M 01 f\ Vl Ln H V' M 01 O LD N H 0 V' 00 ,- l0 M H $434,644 $497,732 $513,988 O N N N In H N N 01 N N H $532,434 1 (0 V' 01 N V' Ln H W V1 V m Ln to H O !� 01 M lD In H N CO 7 •S f. M H V 01 01 V' W ul H u1 O 01 1f1 H N Vl f` 01 Ol N H N N Ol M O l0 H lD N O O lD H LD N N V' .- lD H lD VD LO N O 00 LO I. N. 01 O - .- N N lD l0 LD H H H LD LD 00 N N l0 H (D V' 01 M N VD H LD N O In N LD H VD LD N N O O In Ln N N LD LD H H LD N O 111 N 0 H LD N O In N LD H cr V" 01 0 n H CO LD 01 01 u1 H N u1 01 un cr H V-- 00 00 - H O H O H O H O H O H O H O lA 0 H 0 H 0 H so I O H O H O 0 0 H 69 61 0 H 0 H 0 H 0 0 1A H 0 H 0 H Service District Mil Levy Fees Standby Fees Reserve Fund 0 O lD M H 0 O N LD lD H 0 O N In 00 H 0 0 0 0 O O N N V' In Lit N 01 IN V' H H H 0 O to M H 0 O lD Ol 0 O LO 01 0 O lD 01 0 O lD 01 0 O (0 Q1 cJ O LD (T 0 0 0 01 0 0 O l0 0 0 V' l0 0 0 O 1 00'L$ 0 H 0$ O$ O$ O$ 0 H 0 H 0 H 0 H O 0 N H $7,200 1 0 0 0 0 0 0 N NJ N f\ is: N. H H H 0 0 N n V1 0 0 N t\ 69 0 0 N r` H 0 0 N f\ H 0 0 N r` H 0 0 N I. H 0 0 N I. lA 0 0 N N. H 0 0 N r` H 0 0 N ^ H 0 0 N f\ H $ 5,400 0 (0 M H 0000000 0V CO MI 00 - H- CD 6, 6, H 0 H 0 H V N V M Ln 6 LD .- O V• N. H $137,088 1 O N 00 L0 M 00 M N V' t` m In O lD O1 N N M H H H 0 N O1 m .- M H $322,272 I W 01 N M H L0 01 O lD M M H a0 0 O m V' M H S349,920 N (n l0 LO Ln rn lA $363,744 1 V 0 U'1 01 LO M H S375,552 1 N r. 00 01 N. M H l0 t\ M 01 00 M H (0 f\ ut LD O1 M H l0QD QD VD t\ f\NJ LID - M O - - - V' H VD tr, CD VD 01 - VD LD I. CA 01 - O V' H LD rs 01 O V H O n 01 O V' H $27,825 0 1./1 M v1 H 0 0 4440-04V1 L0 00 H 0 0 0 0 0 0 M N 00 N u1 LO H H H L$178,500 0 N W N o0 H 0 ul V' l0 00 H 0 Vl O O O1 H 0 Ln LD M 01 H 0 vl N f\ O1 H 0 In 10 O O fV lA I $204,450 0 to V' n O N H 0 O t0 O N H 0 N a0 N N H 0 ul O N H 0 u1 O N H 0 0 0 0 vl Cl u1 Cl O 0 0 0 V' V' V V' N N N N H H H H 0 In 0 V' N H 0 Ln 0 V' N H I$214,050 S214,050 0 u1 0 V' -. N H 0 111 0 V N H OPERATING COSTS 0 & M Costs Administration Total Costs 01 V1 M .- H 01 u1 LD M H 01 LD In LD H 01 O1 I. 01 .- H $223,880 $239,248 $248,458 $253,178 V1 N t\ V1 N H m M .- LD N H V' In lD N H 01 V' 01 lD N H r. U1 M r• N lA V1 lD f\ r` N H N .- CO N H .- 01 ' CO N H M 00 (0 00 N H lD 00 f\ 00 N H lD 00 n 00 N H lD (0 LD LD 00 00 CO 00 I. Is: N. f\ 00 00 CO 00 N N N N H H H H LD CO f\ 00 N H LD 00 r. CO N H LD l0 00 00 r` f\ 00 00 N N H H 1 $287,861 LD 00 f\ 00 N H 0 0 0 O M H 0 0 0 - M H 0 0 0 N M H 0 O 0 m M H $34,000 1 0 O O Ln M H $36,000 0 O O f\ M H 0 0 0 00 M H 0 O O 01 M H $40,000 O O O V' H $42,000 0 0 O m V' H 0 0 O V' V' H 0 0 O N V' H 0 0 O Vl V' H $45,0001 O O O v1 V' H S45,000 $45,000 $45,000 1 S45,000 0 0 0 ul V' H 0 0 0 V1 V H 0 0 0 0 0 0 In N V V. H H 0 0 0 un V' H 0 0 0 un V. H n 01 Ln (1'1 00 H N. 01 u1 L/1 O H N 01 LD ('(1 M H rn 01 CA • in O 00 CO 01 00 H $204,248 1 00 v1 V' N N H 00 N. - L0 N H n 1n N 01 N H 1 $222,336 Ln V' V1 N N H 1 5228,493 1 $231,572 l .- un LD V M N H t\ .- N N. CO N H .- 01 01N M N H 1 S241,835 1 $242,861 VD 00 V' N H VD 00 N V' N H LD 0 LD CO CO 00 N N N 'Cr d' V N N N H H H LD 00 N V' N H 0 00 N V' N H I$242,861 $242,861 LD CO N V' N H LD CO N V' N H _ Ln ��y V W T D. d C ro in i0 N 7� C b Q ce 0' u.i O O 0 1001 0 - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1001 O O 0 O 0 O 0 0 0 O an 1. O u1 411 N 20 15 101 v1 0 0 0 0 0 01 V1 N LD (n - N •• 00 00 LD O 01 to V' N V N V' N V- N V' N `7 N V N 1/1 lD 0 rn 0 0 0 0 0 0 0 0 0 0 0 V1 V1 CO 3571 LD m In 0 y 00 V' 0 l0 N - • •CV Ln -- M (T M M M LD M M 00 M V' 0 V 01 . V' 1 14271 n N V' N. N V' Is. n N. (V N N V' V. ' f\ N .IS N. N V N. N V' t. N V' n N V r` N V 7O V n: Ce E W CD. ',:13 0 0 NJ -- O 0 NJ N O 0 r4 co O 0 NJ V. O 0 r.1 to O 0- N4 - NJ r4 CD CV CD NJ - NJ - -- O NJ N N 0 M 0 V 0 �Ln 0 0 0 r. 0 00 01 0 0 .- N N N N 0 0 0 M N 0 V N 0 Ln N 0 l0 N 0 N. N 0 CO N 0 N n D ry rn v v D n co rn 0 0 r- N M N N N v N L„ N LD N r. N 00 N rn N