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HomeMy WebLinkAbout1.0 Application• • .,COLORADO DEPARTMENT OF HEALTH 0 Water Quality Control Division 4210 East llth Avenue Denver, Colorado 80220 APPLICANT: ADDRESS: PHONE. .303-945-8691 1402 Blake Avenue, Glenwood Springs, CO 81601 Consulting Engineer's Name and Address: Jerome Gamba & Associates, Inc. 201 Centennial, Suite 306D, P.O. Box 1458, Glenwood PHONE: 303-945-2550 Springs, CO 81602 A. Summary of information regarding new sewage treatment plant: 1. Proposed Location: (Legal Description) NE 1/4, Township 7 S APPLICATION FOR SITE APPROVAL FOR CONSTRUCTION OR EXPANSION OF: A) DOMESTIC WASTEWATER TREATMENT WORKS (INCLUDING TREATMENT PLANTS, OUTFALL SEWERS, AND LIFT STATIONS) OVER 2,000 GPD CAPACITY. B) INTERCEPTORS (IF REQUIRED BY C.R.S. 25-8-702 (3)) Colorado Mountain College 2. Type and capacity of treatment Aereated Lagoon facility Hydraulic 52,000 Organic gal/day Present PE 320 (est)Design PE 520 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 potable water wells, and an approximate indication of the topography. N/A NE Garfield 1/4, Section 9 , Range 88W, County. proposed: Processes Used 104 lbs. BODS/day % Domestic 100 X Industrial 0 4. Effluent disposal: Surface discharge to watercourse Subsurface disposal N/A Land N/A Evaporation Yes Other State water quality classification of receiving watercourse(s) in conjunction with Planning and Standards N/A Proposed Effluent Limitations developed Section, WQCD: BODS N/A mg/1 SS N/A mg/1 Fecal Coliform N/A /100 m1 Total Residual Chlorine N/A mg/1 Ammonia N/A mg/1 Other N/A 5. Will a State or Federal grant be sought to finance any portion of this project? No 6. Present zoning of site area? CMC PUD Zoning with a 1 -mile radius of site? CMC PUD, Los Amigos PUD 7. What is the distance downstream from the discharge to the nearest domestic water Two Mile, Cattle Creek Water Association supply intake? (Name of Supply) 0554 County Road 110, Glenwood Springs, CO 81601 (Address of Supply) What is the distance downstream from the discharge to the nearest other point of Non -discharging diversion? (Name of User) (Address of User) -1- WQCD-3 (Revised 8-83) • • 8. Who has the responsibility for operating the proposed facility? Sanitation District Dean Gordon 9. Who owns the. land upon which the facility will be constructed? Colorado Mountain College (Please attach copies of the document creating authority in the applicant to construct the proposed facility at this site.) 10. Estimated project cost: $36,000.00 Who is financially responsible for the construction and operation of the facility? Colorado Mountain College 11. Names and addresses of all water and/or sanitation districts within 5 miles downstream of proposed wastewater treatment facility site. None Attac a separate sleet o paper necessary. 12. 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 o Conservation Board, Department of Natural Resources or other Agency? (Agency Name) If so, what is that designation? Quality Control 13. Please include all additional factors that might help the Water Q Y Division make an informed decision on your application ssite taapproval.rve the ]cation for site approval is for a lift station This app-i Veterinarian Medical Center at Colorado Mountain College. liThe ft statcity of the Lift station is 4000 gpd. The construction of the will allow for up to 40 more dorm units to utilize the wastsesta ter ed lant. These units are already included in treatment p the plants estimated hydrauli effluent and therefore will not increase loading. B. Information rega*'ding lift stations: developedgenerate the following 1. The proposed/1.1ft station when fully will 8 0 load: Peak Hydraulic (MGD) 0.008 MGD P.E. to be served 2. Is the site located in a 100 year flood plain? No If yes, on a separate sheet of paper describe the protective measures to be taken. 3. Describe emergency system in case of station and/or power failure. Rental genera_ and rental um s for temporary use. of facility providing treatment: additio. 4. Name and address District 5. The proposed lift station when fully developed will increase the loading of the treatment plant to 77 X of hydraulic and 77 X of organic capacity and S rin Valle Sanitation Dist .agrees to treat this wastewater? Yes X • No reatment gency Spring Valley Sanitation ate -2- WQCD-3 (Revised 8-83) gnature anl t. e • • C. If the facility will be located on or adjacent to a site that is owned or Federal or State agency, send the agency a copy of this application. D. Recommendation of governmental authorities: Please address the following issues in your recommendation decis facilities consistent with the comprehensive plan and any other including the 201 Facility Plan or 208 Water Quality Management quality? If you have any further comments or questions, please 5272. 1. 2. 3. Recommend Recommend No PAV9 .. Appr2vaJ. pisapprpval. Comment 4. 0//q/ x 5. 6. 7. managed by a ion. Are the proposed plans for the area, Plan, as they affect wat call 320-8333, Extenaiot. Signature o j�epre¢eatag1,_� Management Agency Local Government: Cities or Towns (Ii site is inside boundary or within thre, mil a), and Sanitati on j stri cta. Board of County Commissioners Local �dti iearth ufhority �l�-nuu�nt�Y Planning Authority Council of Governments/Regional Plannit N T 2 I tib State Geologist (For lift stations, the signature of the State Geologist is not required. Applications for treatment plants require all signatures.) I certify that I am familiar with the requirements of the "Regulations for Site Application, 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 enclosed. DATE Signature of Applicant TYPED NAME -3- WQCD-3 (Revised 8-83) • ATTACHMENT TO SITE APPLICATIO' 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 mul determine that each site location is consistent with the longrange, comprehensive planning f, the the area in which it is to located, acts onat wa.tthe er quality[, and mustoencouragewill the consolidatio, minimize the potential adversep 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 ai showing the applicant's capabilities to manage and operate the faility over the life of the project to determine the potential adverse process andwasea minimumquality. shall addressThe report slthel be considered the culmination of planning following: Service area definition including existing population and population projections, flow/loading projections, and relationship to other water and wastewater treatment plant. in the area. Proposed effluent limitations atdevelopedm oinr coordcoordination with ttthee .Planning and Standar Section of the Division. (Allow ) Analysis of existing facilities including performance of those facilities. Analysis of treatment alternatives considered. Flood plain and natural hazard analysis. Detailed description of selected alternatives including legal description of the site, treatment system description, design capacities, and operational staffing needs. Legal arrangements showing control of site for the project life. Institutional arrangements such as contract and/ortcovcovenant terms for all users which wi be finalized to accomplished acceptable waste t. Management capabilities for controlling le sworksnritlerouul8ertcontracts,treatment operatingwithin t capacity limitations of the proposed treatment agreements, pretreatment requirements. Financial system which has been developetl1touprovide lfor necessaryprcapitalj.Tand continued operation, maintenance, and replacementBr tinclude, for example, anticipated fee structure. Implementation plan and schedule including estimated construction time and estimated start-up date. Depending on the proposed project, some of the above items may not be applicable to address. In such cases, simply indicate on the application form the non applicability of those. -4- WQCD-3 (Revised 8-83) JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS 201 CENTENNIAL, SUITE 306D P.O. BOX 1458 GLENWOOD SPRINGS, COLORADO 81602-1458 PHONE: (303) 945-2550 FAX: (303) 945-1410 July 24, 1991 Richard Bowman Colorado Dept. of Health 222 S. 6th, #232 Grand Junction, CO 81501-2768 RE: CMC Vet Tec, Lift Station Dear Dick: i - 52-11.'.-.7)• r:::,‘... . ,.. 4 I! r,l JUL 911991 11 GARITiELU COUNTY Attached is a site application for a lift station to serve the new Vet Tech Center at the Spring Valley Campus. The area served by the lift station iswithin the existing sanitation district. The lift station will prevent the additional use of septic tanks and leach field systems over the Spring Valley Aquifer. The system will collect' the existing leach field uses at the farm facilities. It is our understanding that the Vet Center will not be expanding the number of students or staff. The move will open up an additional forty units for student housing that is now occupied by the Vet Tech class rooms. We estimate the increase in waste water flow will be 8, 000 gpd to the plant if all •of the new available dorm space is occupied. Spring Valley Sanitation District estimates the addition of 8,000,' gpdwould bring the plant to 777. of its' rated 52,000 gpd capacity. The district estimates the current sewage flow to the plant to be 32,,000 gpd. ;,In the original serviceagreement with Spring Valley Sanitation District CMC was granted 113.5 EQR of capacity in the.•' waste water treatment system. The District has agreed that these units are within the original CMC EQR grant and have agreed to serve the new CMC uses. Please review and approve the site application for the new. lift, station. If you have any. questions, please call. . Very Truly Yours, JEROME GAMBA & ASSOCIATES, INC. %Ttd.K s5 A �.c(.401. eavgivelej Thomas A. Znncanella, P.E. TAZ/ pf \91038\Appl. l.tr Enclosures cc; Dean Gordon Greg Boecker Rick Avery Glenn D. Chadwick BillBowden JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS. Tuesday, October 2, 1979 - Glenwood Springs (Colo.) POST Sanitation district approved The Spring Valley Sanitation District received unanimous approval from Garfield County Commissioners Monday, paving the way for a num- ber of planned residential developments on what is now farm land five miles southeast of Glenwood Springs. Colorado Mountain College (CMC) and developers of Los Amigos Ran- ch reached an agreement earlier this month that expands the existing sewage treatement plant at CMC to provide service to the expanding college and the planned 568 units at Los Amigos. District backers say a bond issue estimated at $1.8 million will be required next year to finance the initial phase of the district's develop- ment. Representatives of a neighboring development, Lake Springs Ranch, assured county officials they would petition to join the district as soon as their plans are finalized. State and county authorities had stressed the necessity for a joint effort in sewage treatment that would limit the valley area to one treatment plant. Spring Valley is projected as a prime growth area by Garfield County. l • • COLORADO MOUNTAIN COLLEGE April 26, 1982 Spring Valley Sanitation District P. 0. Box 1506 Glenwood Springs, CO 81602 Attention: F. Malcolm Wall Dear Mr. Wall: Colorado Mountain College continues to encourage the development of the Spring Valley Sanitation District facilities to accommodate present and projected growth in Spring Valley. To the extent possible and feasible, Colorado Mountain College encourages the inclusion of future Spring Valley developments in the Spring Valley Sanitation District. It has been and continues to be the interest of Colorado Mountain College that the Spring Valley aquifer, the source of domestic water, be pro- tected and preserved. The continued development and/or expansion of the Spring Valley Sanitation District facilities should be to the benefit of all users of water from the Spring Valley aquifer. Sincerely, -(1 / RODNEY D. ANDERSON Vice President, Spring Valley Campus gg cc: F. Dean Lillie William A. Bowden James M. Larson WEST CAMPUS 3000 114 COUNTY ROAD GLENWOOD SPRINGS, COLORADO 81601 303-945-7481 July 29, 1982 t 41882 4414141 flaw - Mr. Dennis Stranger Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Mr. Stranger: It is the intent of Spring Valley Sanitation District to an- nex Lake Springs Ranch and other potential users of the facil- ity. Spring Valley Sanitation District opposes proliferation of sanitation districts in the Spring Valley, Red Canyon areas. Please note enclosed copies of letters which are from the current users of the district. These letters have been forwarded to the commissioners in the past. Sincerely -7./' W4: L4( F. Malcolm Wall Spring Valley Sanitation District enclosures FMW:sos 1 • COLORADO MOUNTAIN COLLEGE April 26, 1982 Spring Valley Sanitation District P. 0. Box 1506 Glenwood Springs, CO 81602 Attention: F. Malcolm Wall Dear Mr. Wall: Colorado Mountain College continues to encourage the development of the Spring Valley Sanitation District facilities to accommodate present and projected growth in Spring Valley. To the extent possible and feasible, Colorado Mountain College encourages the inclusion of future Spring Valley developments in the Spring Valley Sanitation District. It has been and continues to be the interest of Colorado Mountain College that the Spring Valley aquifer, the source of domestic water, be pro- tected and preserved. The continued development and/or expansion of the Spring Valley Sanitation District facilities should be to the benefit of all users of water from the Spring Valley aquifer. Sincerely, RODNEY D.'' ANDERSON Vice President, Spring Valley Campus gg cc: F. Dean Lillie William A. Bowden James M. Larson WEST CAMPUS 3000 114 COUNTY ROAD GLENWOOD SPRINGS, COLORADO 81601 303-945-7481 • STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH Dedicated to protecting and improving the health and environment of the people of Colorado Grand Junction Regional Office 222 S. 6th Street, Rm. 232 Grand Junction, CO 81501-2768 FAX: (303) 248-7198 September 13, 1994 j - -1 AEP 2 0 1994 .'Out, Y Roy Romer Governor Patricia A. Nolan, MD, MPH Executive Director Greg Boecker, President Spring Valley Sanitation District 2929 County Road 114 Glenwood Springs, CO 81601 Re: Wastewater Discharge Permit Application For the Spring Valley Sanitation District Wastewater Treatment Facility, Ground Water Discharge, Garfield County Dear Mr. Boecker: The permit application that was submitted for your wastewater treatment facility was previously returned to your engineer until such time as the permit regulations were modified to reflect discharges to ground water. These changes to the regulations were effective July 1, 1993 and our permit application form has since been modified to include discharges to ground water. Now that the amendment to the site application for your facility has been approved, please complete the new permit application form enclosed with this letter. Once the application is returned to the Division and the design review is complete, a permit can be drafted for your facility to bring it into compliance with the discharge permit regulations. A condition of the site application approval was that the design must be submitted to the Division for review. The design should be submitted to Dwain Watson in the Grand Junction office for this review and does not need to be attached to the permit application as stated in Section V -15.A of the permit application. If you have any questions, please call me at 248-7150. Sincerely, • R. 4-.4., John R. Blair, P.E. Permits & Enforcement Section Water Quality Control Division cc: Dean W. Gordon, P.E., Schmueser Gordon Meyer, Inc. Garfield County Sanitarian Dick Bowman/Dwain Watson, Field Support Dave Akers, Permits & Enforcement, Denver File ® huffed on PPapw STATE OF!OLORADO COLORADO DEPARTMENT OF HEALTH Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Laboratory Building Denver, Colorado 80222-1530 4210 E. 11th Avenue Phone (303) 692-2000 Denver, Colorado 80220-3716 (303) 691-4700 May 11, 1994 Greg Boecker, President Spring Valley Sanitation District 2929 County Road 114 Glenwood Springs, CO 81601 Re: Site Application #3278 Garfield County Dear Mr. Boecker: MAY 2 5 1994 GAFiFiELD GOUNTY y Romer rvemor ricia A. Nolan, MD, MPH Executive Director The Water Quality Control Division has received and reviewed your request to amend the above referenced site application to permit the construction of an additional percolation pond. As this new percolation pond will merely compensate for reduced exfiltration from the existing percolation pond and no increase in hydraulic or organic treatment capacity will be realized, the Division has no objections. Therefore, the Division hereby amends Site Application #3278 to include one additional percolation pond. This amendment is subject to the following conditions. 1. This amendment will expire one year from the date of this letter if the construction of the project has not commenced by that date. If expiration occurs, you must apply for a new approval. Construction is defined as entering into a contract for the erection or physical placement of materials, equipment, piping, earthwork, or buildings which are to be a part of a domestic wastewater treatment works. 2. The design (construction plans and specifications) for the treatment works must be approved by the Division prior to commencement of construction and all construction change orders initiating variances from the approved plans and specifications must be approved by the Division. 3. The applicant's registered engineer must furnish a statement prior to the commencement of operations stating that the facilities were constructed in conformance with approved plans, specifications, and change orders. In accordance with Colorado Water Quality Control Commission regulations, this approval is subject to appeal as stated under Section 2.2.5 (7) of "Regulations for Site Applications for Domestic Wastewater Treatment Works". • • Page Two May 11, 1994 Spring Valley Sanitation District This approval does not relieve the owner from compliance with all county regulations prior to construction nor from responsibility for proper engineering, construction, and operation of the facility. Sincerely, J: David Holm Director Water Quality Control Division JDH:TLB:cm/Siteapp.5-60,61 xc: Schmueser Gordon Meyer - Attn: Dean Gordon Garfield County Sanitation & Planning Department - Attn: Mark Bean Thomas Bennett, Sr. Planner, WQCD Dwain Watson, District Technician, WQCD David Akers, Permits & Enforcement, WQCD COLORADO ^SAM O DEPARTMENT O F A H E A L T H (719) 543-8441 February 6, 1992 • 4210 East llth Avenue Denver, Colorado 80220-3716 Phone (303) 320-8333 Telefax Numbers: Main Building/Denver (303) 322-9076 Ptarmigan Place/Denver (303) 320-1529 First National Bank Building/Denver (303) 355-6559 Grand Junction Office (303) 248-7198 • Pueblo Office Mr. Richard W. Avery Director College Facilities Colorado Mountain College 1402 Blake Avenue Glenwood Springs, CO 81601 ROY ROMER Governor JOEL KOHN Interim Executive Director ll, C OUN Y r FEB 2 1 1992 RE: Site Application #4015 Garfield County Dear Mr. Avery: The Water Quality Control Division has reviewed and evaluated your site application and plans and specifications for a domestic wastewater lift station and interceptor which were constructed without site application and/or plans and specifications approval in the NE 1/4 of the NE 1/4 of Section 9, T7S, R88W, to serve the Vet Tech Center at the Spring Valley Campus and to discharge to the Spring Valley Sanitation District's wastewater collection and treatment systems. Although construction of these facilities was undertaken in clear violation of provisions of Section 25-8-702 of the Colorado Water Quality Control Act, the Division finds your application to be in conformance with the Water Quality Control Commission's "Regulations for Site Applications for Domestic Wastewater Treatment Works". The Division also finds the plans and specifications to be in substantial compliance with the Colorado Department of Health "Design Criteria for Wastewater Treatment Works" and those variances therefrom to have been satisfactorily resolved. Therefore, the site application and plans and specifications are approved with the following conditions listed below. 1. Based upon application information, the system design will be for: Average Daily Flow Capacity - 3,000 gpd Peak Daily Flow Capacity - 4,500 gpd Treatment Processes to be Used - Lift station and interceptor Failure to comply with any conditions contained herein will render this approval void and another site application will have to be processed. 2. The applicant's registered engineer must furnish a statement prior to the commencement of operation stating that the facilities were constructed in conformance with plans and specifications, provided to the Division. Any variances from these documents must be so noted and justified by the engineer and/or the applicant prior to initiating operation. Mr. Richard W. Avery February 6, 1992 Page 2 3. Satisfactory resolution of issues with respect to site approval, plans and specifications approval, and discharge permit issuance for the Spring Valley Sanitation District's facilities shall be achieved in conformance with all provisions of the Colorado Water Quality Control Act. This approval does not relieve the applicant from liability for any violations of the Water Quality Control Act which precede the date of this letter. The Division reserves the right to take enforcement action for any and all such violations as have occurred to date. In accordance with Colorado Water Quality Control Commission regulations, this approval is subject to appeal as stated under Section 2.2.5 (7) of "Regulations for Site Application for Domestic Wastewater Treatment Works". This approval does not relieve the owner from compliance with all local regulations prior to construction nor from responsibility for proper engineering, construction, and operation of the facility. Sincerely, 477,,L -T2. -E42 - . z. David Holm, Director WATER QUALITY CONTROL DIVISION JDH:TLB:jf/SITAPP-24,25 xc: Jerome Gamba & Associates, Inc. A. Garfield County health Department ATATTN:TTN: TrJimsMcMurrycanella Spring Valley Sanitation District Thomas Bennett, Sr. Planner, WQCD Dwain Watson, District Technician, WQCD, Grand Junction 4, COLORADO DEPARTMENT • Grand Junction Regional Office ■ .• 222 S. 6th Street, Room 232 (J CE ! Grand Junction, Colorado 81501-2 . Telefax Number: (303) 248-7198 NOV 2 0 1991 Gird- tt.IL.i COUNTY ROMER ernor L KOHN rim Executive Director OFAHEALTH November 18, 1991 Schmueser, Gordon, Meyer Inc. 1001 Grand Ave., Suite 2-E Glenwood Springs, CO 81601 RE: Spring Valley Sanitation District, Request for Amendment to previously issued Site Application. Dear Dean: We are in receipt of the subject document. We are unable to process this request because of the following: 1. No information was provided regarding the existing wastewater treatment plant's organic and hydraulic capacities. Please submit this information. 2. No information was provided regarding the present organic and hydraulic loadings on the existing wastewater treatment facility. Please submit this information. 3. No information was provided regarding the distance to and quality of the groundwater in the vicinity. Since the district intends to discharge effluent to the groundwater, the background groundwater quality will need to be established. Please submit upstream and downstream groundwater quality and distance information. Please also submit downstream and downslope users of this aquifer, possible effects the groundwater discharge may have on those users, and justification for impacting this resource. If the existing treatment facility also discharges effluent to groundwater, we will also need complete quality and quantity information on this discharge. Before an amendment to a site application can be approved, the district will need to apply for and receive a discharge permit for discharge of effluent to groundwater. Discharge permits typically take 180 days to process. 4. We are aware that construction of the additional cell is already completed. This is a violation of the Colorado Water Quality Control Act. Please be aware that prior construction without approvals is no guarantee of approvals after -the - fact. 5. Please be aware that we are also in receipt of a site application request from Colorado Mountain College for a liftstation and interceptor. Since this new construction will impact the sanitation district, this request cannot be processed until the above issues have been resolved. printed on rec)cled paper • • Thank you for your time and cooperation. If you have any questions, please contact me at 248-7150. Sincerely, Dwain P. Watson West Slope District Technician Water Quality Control Division DPW/csk County Sanitarian Garfield County Building Official David Akers, Permits and Enforcement Section, CDH Tom Bennett, Site Applications, Planning & Standards, CDH Colorado Mountain College Spring Valley Sanitation District EPA, Region VIII Field Services Section, CDH File COLORADO DEPARTMENT OFAHEALTH Grand Junction Regional Office 222 S. 6th Street, Room 232 Grand Junction, Colorado 81501-2768 Telefax Number: (303) 248-7198 • ROY ROMER Governor JOEL KOHN Interim Executive Director November 19, 1991 Jerome Gamba & Associates, Inc9g07 0NOV 211991 201 Centennial, Suite 306D " P.O. Box 1458 Glenwood Springs, CO 81602-1458 (�t\R1 ILIACOUNTY It1 'L. RE: Colorado Mountain College, Liftstation & Interceptor. Dear Jerry: We have reviewed the subject site application and plans and specifications and have the following comments: 1. Please provide the following information regarding the grinder pumps in the liftstation: a. State Design Criteria calls for pumps with 4" intakes and outlets and that the pumps be capable of passing a 3" sphere. The grinder pumps depart from established design criteria. Please furnish a request and justification for variance to design criteria. b. Please provide c. Please provide d. Please provide the pumps. the pump curves. static and friction head at the pumps. information regarding the check valves as integral to 2. Please provide information regarding velocities in the force mains. 3. Please provide wet well volumes and average duration of electrical power outages. Please also detail whether the volume of the wet well can accommodate the average duration power outage or whether emergency backup power will be provided. Please advise whether the high level alarm of the liftstation will operate during a power outage. 4. Wet wells that can be entered should have ventilation of 12 complete air changes per hour for continuous operation of the ventilation equipment or 30 complete air changes per hour for intermittent operation of the ventilation equipment. printed on recti a rd paper • If you have any questions, please contact me at 248-7150. Sincerely, (/.._;;) w atson West Slope District Technician Water Quality Control Division DPW/csk • Colorado Mountain College arfield County Sanitarian Field Services Section, CDH File To LAW OFFICES ROBERT B. EMERSON, P.C. 86 SOUTH THIRD STREET C A R B O N D A LE COLORADO 61623 (303) 963-3700 ROBERT B. EMERSON April 28, 1982 Mr. T. Peter Craven Attorney at Law P. O. Box 1105 Glenwood Springs, Colorado 81602 Re: Foster Petroleum Corporation -Spring Valley Sanitation District Dear Peter: Since I haven't heard from you regarding my letter of April 22, 1982, I am assuming that the terms and conditions set forth therein are acceptable to your client. We would appreciate receiving as soon as possible a written response to the petition for annexation and proposed annexation agreement submitted by Foster Petroleum Corporation prior to the meeting held on November 20, 1981. Sincerely, ROBERT B. EMERSON, P.C. By: RBE/jc cc: Duncan Sinnock Tom Preston Jerry Raisch Garfield County Commissioners Davis Farrar ✓- Robert B. Emerson D Wror:-...w.-y-rc-7,3 s ,SUN 21982 May 25, 1982 Mr. Davis Farrar. Garfeild County Planning Office 2014 Blake Avenue Glenwood Springs, Colorado 81602 Dear Davis; Please find enclosed letters from the users of the Spring Valley Sanation District. It is the intention of the Spring Valley Sanation District to follow the wishes of both of it's users Los Amigis Ranch Partnership and Colorado Moutain College in the annexation of Foster Petroleum's developement into the district. Si.cere y/7 4/Lt_ (--L;? F. Malcolm Wall President Spring Valley Sanation District. FMW: fs CC: County Commisioners • • LAW OFFICES ROBERT B. EMERSON, P.C. 86 SOUTH THIRD STREET CARBONDALE COLORADO 81623 (303) 963-3700 ROBERT B. EMERSON April 22, 1982 Mr. T. Pater Craven Attorney at Law P. 0. Box 1105 Glenwood Springs, Colorado 81602 Re: Foster Petroleum Corporation -Spring Valley Sanitation District Dear Pete: On behalf of Foster Petroleum Corporation, I met with several of the members of the Garfield County Planning Department staff and Malcolm Wall on April 21, 1982. Mr. Wall produced the tape recording of the meeting of the Spring Valley Sanitation District that was held on November 20, 1981. The portion of the tame recording dealing with the deposit of $3,000.00 to be applied against attorney and engineering fees incurred in connection with the Foster Petroleum Corporation petition for annexation was reviewed by Davis Farrar, Malcolm Wall, Duncan Sinnock and myself. The tape recording indicated that the District required Foster Petroleum Corporation to deposit the sum of $3,000.00 to be applied against the reasonable attorney's fees and engineering fees incurred by the District directly in connection with the review of the petition for annexation submitted by Foster Petroleum Corporation. The only fees to be paid from said sum are fees incurred after November 20, 1981. Any unused portion of the funds so deposited are to be promptly returned to Foster. Petroleum Corporation. I am enclosing herewith my trust account check in the amount of $3,000.00. This sum is tendered in accordance with the action of the Spring Valley Sanitation District as evidenced by the tape recording of the November 20, 1981 meeting and on the terms and conditions set forth herein. In addition to the terms and conditions outlined above, it is my understanding that you will provide me with an itemization of all attorney's fees, engineering fees, and costs deducted from the $3,000.00. Further, Foster Petroleum Corporation may, at any time hereafter, withdraw its petition for annexation, and in said event, Foster Petroleum Corporation will be billed only for the actual attorney's fees and engineering costs incurred to the date of withdrawal. Any remaining funds will be promptly returned. • Mr. T. Peter Craven April 22, 1982 Page 2 If the terms and conditions set forth herein are unacceptable for any reason, please notify me in writing immediately and return the enclosed check. If the check is negoti,,It-xd, negotiation constitutes acceptance of the terms outlined herein. RBE/jc Enclosure cc: Duncan Sinnock Tom Preston Garfield County Commissioners Davis Farrar ✓ Jerry Raisch Sincerely, ROBERT B. EMERSON, P.C. By: Robert B. Emerson • • 4..7,,,WME 4.-1W • ',1-7,"7‘1311TRI[StUISIRIEZNLragaMrialigg,7:44:4",74...MC:"..1:..'=jt(I440M ROBERT B. :EMERSON TRUST ACCOUNT 1494 7/82-193 014./7 03/4/e kteen fetertnir:le" 134.14,14 ,44,4004-*Ifo-N-.4"..3ex,0 ).Ay 19 .7527-8 TO 'I'11E /. ,7„/ 744-te) 7`4410,4444 -- Roaring Fork BookCarbondale, Colorado 81823 11'00 94115 A: /0 2 LO /9331: 00 6 2 L LH' DO L LA R S •• LAW OFFICES ROBERT B. EMERSON, P.C. 86 SOUTH THIRD STREET CARBONDALE COLORADO 81623 (303) 963-3700 ROBERT B. EMERSON April 22, 1982 Mr. Davis Farrar Garfield County Planning Department 2014 Blake Ave. Glenwood Springs, Colorado 81601 `, APR 2 3 1982 Re: Foster Petroleum Corporation Petition For Annexation - Spring Valley Sanitation District Dear Davf 1 wanted to take a minute to thank you for the time that you spent conducting the meeting held on April 21, 1982, regarding Foster Petroleum Corporation's petition for annexation into the Spring Valley Sanitation District. The point that the Planning Department has raised regarding t'i i.,3ck of written policies or procedures for annexation is certainly a valid one. The policies and procedures of the District have seemed to change with the substitution of Board members and attorneys. in checking with the Carbondale Sanitation District, there is a written policy, a copy of which is enclosed with this letter. 1 might add that the requirements of paragraphs 1 and 2 have been accomplished by Foster Petroleum Corporation regarding its proposed annexation into the Spring Valley Sanitation D.isLr c t. 1 thought it was interesting that Malcolm Wall stated that he had reviewed the tape recording of the November 20, 1981, public hearing on the day before our meeting. He told us that no mention was made of the fact that Foster was being asked to pay attorney's fees for only the period subsequent to November 20, 1981. When we listened to the tape later in the meeting, Mr. Wall's recollection WAS clearly contradicted. This probably gives you an idea of the kind of dealings that we have been faced with from c;., outset. • • • Mr. Davis Farrar April 22, 1982 Page 2 Enclosed is a copy of my letter to Peter Craven wherein Foster has deposited the $3,000.00 in accordance with the conditions stated at the November 20, 1981, public hearing. RBE/j c Enclosure cc: Duncan Sinnock Tom Preston Garfield County Commissioners Jerry Raisch Sincerely, ROBERT B. EMERSON, P.C. Ry: Robert B. Emerson • . LOS AMIGOS RANCH 327 SOUTH LASALLE STREET SUITE 1724 CHICAGO, ILLINOIS 60604 (312) 630-5226 April 21, 1982 Mr. Malcolm Wall President Spring Valley Sanitation District P.O. Box 1506 Glenwood Springs, CO Dear Mr. Wall: It has been brought to my attention that another sewage treatment plant is being considered in the Spring Valley. As both a land owner in Spring Valley and user of the Spring Valley Sanitation District, I urge you and the Sanitation District Board to do everything possible to annex any potential users into the district rather than allow other treatment plants to proliferate. The maintenance.of the Spring Valley aquifir is of para- mount importance to all land owners in the Valley. This was one of the main reasons the Spring Valley Sanitation District was formed in the first place. We must insure no harm or dis- turbance to the aquifir. On a practical note, additional users of the district in- sure the economic viability of the district. The economies of scale provide for a much more efficient operation with addition- al users in the district. I feel that all would benefit from the annexation of others who need sewage treatment in the Spring Valley. Sincerely yours, Thomas E. Neal TEN:kit Mr. T. Peter Craven Attorney at Law Post Office Box 1105 Glenwood Springs, CO 81602 Spring Valley Sanitation District Dear Pete: I received your letter of March 10, 1982 regarding the Spring Valley - Sanitation District. I was somewhat astounded at the figures that Mr. Wall claimed are owed by Foster Petroleum Corporation. At the meeting held on November 20, 1981, the Petition for Annexation filed by Foster Petroleum was not considered, At that meeting the` - Board of Directors indicated that they: would take no action on the Petition until an agreement was worked out whereby Foster Petroleum Corporation would pay for the attorney's,' fees and engineering costs incurred in connection. withthe'Annexation Petition. My recollection is that the Board required reimbursement for fees incurred subsequent to the November 20, 1981 meeting. Because the. Board took.theposition that it would notconsider the Annexation Petition without agreement'. as'to attorney's fees at the outset of the November 20, 1982 meeting, the Foster Petroleum Corporation representatives left the meeting. after being present for only a few' minutes. I believe that the proceedings in thismeetingwere tape recorded. I'm sure that a review of the tape recording (which we requested and have never received) would confirm my recollection. - - i Thus, I am surprised to see that Mr. Wall wants Foster Petroleum Corporation to pay for all of Mr. Friedman's'travel time from Denver to Glenwood Springs on November 19, 1981 ($225.00); all of.Mr- - Friedman's travel time from Glenwood Springs to Denver on November 20, 1981 ($225.00); all of Mr. Freidman's time for attending the Board meeting on November 20, 1981 ($375.00); and all of Mr. Friedman's time- \ for preparation for .the Board meeting on November 20, 1981 ($82.50). From the list of expenses provided, it would appear to me that the attorney's fees incurred from November 21, 1981 forward should be paid kr• a.. r. T. Peter Craven :,arch 15, 1982 Page two by Foster Petroleum Corporation. These attorney's fees amount to $127.50. Foster Petroleum Corporation would also pay for the publication cost, $42.78. Regarding the fees charged by Dean Gordon,' Engineer, $315.00, I would like to see some itemization; regarding the basis of these fees. ,._, , The long and short of it is that it seems a little ridiculous to ask Foster Petroleum Corporation to pay some $907.50 for attorney's fees in connection'with,the November.20, 1981 meeting when all that` , happened at that meeting_ was"my 'client was advised that it would have to reimburse the District for attorney's fees incurred 'th connection - with the Annexation Petition after November 20, 1981. look forward to hearing back from you regarding this matter. Ifyou have access to a copy of the tape recording of the November 20, 1981 reeeting, I would appreciate it if you would provide me with a copy. I will be happy. to reimburse you for any expenses incurred in copying the tape recording. Sincerely, ROBERT' B . , EN;ERSON , P.C. Robert B. Ererson RBE ;kam cc: Duncan Sinnock` Garfield County Commissioners Jerry Faisch" - T. PETER CRAVEN Lola Ey at 2L%J POST OFFICE BOX 1 105 GLENWOOD SPRINGS. COLORADO 81601 TELEPHONE 303 - 945-8571 March 10, 1982 Robert B. Emerson Attorney at Law 86 South Third Street Carbondale, CO 81623 Re: Spring Valley Sanitation District Dear Bob: I am transmitting to you a letter from Malcolm Wall to me, which contains the breakdown of expenses for publication, engineering, and legal fees incurred by the District in connection with the Foster Petroleum Annexation proceedings. The District will continue with the negotiations if Foster Petroleum deposits $3,000.00 in the District's Trust Account, out of which the enclosed expenses would be paid, together with all other expenses incurred by the Dis- trict in the future in connection with Foster's application. Mr. Wall informs me that this is a condition precedent to any further negotiation. Very truly, yours -^T. Peter Craven TPC/da Enclosures March 5, 1982 Peter T. Craven, Esquire 811 Blake Avenue Glenwood Springs, CO 81601 Dear Mr. Craven: The following is a list of expenses which the Sanitation Di.- trict has incurred on behalf of Foster Petroleum. The total is $1,511.00. I am enclosing copies of invoices which itemize the figures. I should like to note that the Foster Petroleum Annexa- tion Agreement was discussed at several meetings. However, the November 20th meeting was for the primary purposes of reviewing Foster Petroleum's Annexation Agreement. I am not including charges for previous meetings but feel Foster Petroleum should accept full responsibility for the November 20th meeting. The other charges are for phone calls between Foster Petroleum organ- ization and Alan Friedman, District Engineer and for notices in the Glenwood Post. Please require that Foster Petroleum deposit $3,000.00 in the Spring Valley Sanitation District trust account before further review of their annexation agreement. Sincerely, F. Malcolm Wall Spring Valley Sanitation District cc: Flaven Cerise, Garfield County Commissioner Eugene "Jim" Drinkhouse, Garfield County Commissioner Larry Velasquez, Garfield County Commissioner FPM: sos • • LIST OF EXPENSES Dean Gordon, Sanitation District Engineer $ 315.00 Glenwood Post (notices) $ 42.78 Alan Friedman (calls and November 20th meeting): 6/30/81 $ 19.00 7/1/81 9.50 8/11/81 22.50 8/24/81 7.50 11/12/81 22.50 11/19/81 37.50 11/19/81 52.50 11/19/81 225.00 11/20/81 30.00 11/20/81 225.00 11/20/81 375.00 12/7/81 82.50 12/18/81 15.00 12/18/81 30.00 TOTAL $1,511.28 r • FRIEDMAN. HILL & R013BINS ATTORNEYS AT LAW 220 EQUITABLE BUILDING 730 SEVENTEENTH STREET DENVER. COLORADO 00202 303 572-8300 Spring Valley Sanitation District 711 MAIN Carbondale, CO. 81623 c/o Mason & Moore Realty Co. Advice to Sanitation District 06/03/81 AHF Telephone Conference with Dean Gordon 06/09/81 AHF Review statutes and files 06/09/81 AHF Prepare for Hearing board meeting 06/10/81 AHF Conference Board meeting 06/10/81 AHF Travel Time Boulder/Denver/Boulder 06/19/81 AHF Review files 06/19/81 AHF General Documents & Agreements bills, minutes 06/22/81 AHF Drafting Minutes 06/22/81 AHF Telephone Conference with D.Gordon 06/24/81 AHF Telephone Conference with L.Leavenworth; Jeff Bier; Dean Gordon and Debby 06/25/81 AHF Correspondence with Lee Leavenworth; Bill Bouder 06/26/81 AHF Correspondence with B.Bowden; L.Leavenworth 0.30 1.40 0.50 3.00 6.50 0.40 0.90 0.20 0.10 0.70 July 15, 1981 DWR 81NQB-000 28.50 133.00 47.50 285.00 617.50 38.00 85.50 19.00 9.50 66.50 0.40 38.00 0.20 19.00 • • Spring Valley Sanitation District 711 MAIN Carbondale, CO. 81623 c/o Mason & Moore Realty Co. Advice to Sanitation District 06/26/81 AHF Correspondence Board members with minutes 06/26/81 AHF Review Edwards Water District Re- covery Agreement; correspon- dence 06/30/81 AHF Telephone Conference with J.Raisch CURRENT CHARGES Previous Balance Payments Received Retainer Applied Adjustments Current Charges Amount Due & Payable 2,736.63 1,882.40 0.00 0.00 1,453.50 2,307.73 0.2.0 0.30 July 15, 1981 DWR 81NQB-000 19.00 28.50 0.20 19.00 15.30 $1,453.50 FRIEDMAN, I-III.L & RQI3I3INS ATTORNEYS AT LAW 220 EQUITABLE I3i'IILDINO 730 SEVENTEENTH STREET DENVER. COLORADO 802O2 303 572-8300 Spring Valley Sanitation District c/o P. 0. Box 671 Carbondale, CO. 81623 Jeffrey M. Bier Advice to Sanitation District 07/01/81 AHF Telephone Conference with J.Raisch 07/02/81 AHF General Documents & Agreements Invoices 07/02/81 AHF Telephone Conference with L.Leavenworth 07/07/81 AHF Review of file 07/07/81 AHF Telephone Conference with Greg Hoskins 07/10/81 AHF Correspondence to Glenwood Spgs. bank 07/13/81 AHF Telephone Conference with G.Zierk 07/13/81 AHF General Documents & Agreements banking 07/13/81 AHF Telephone Conference with Holy Cross Electric 07/20/81 AHF Telephone Conference with G.Hoskins 07/21/81 AHF Review House Bill 1320 07/21/81 AHF Telephone Conference with W.Brown; G.Hoskins August 15, 1981 DWR 81NQB-000 0.10 9.50— 0.10 9.50 0.20 19.00 0.30 28.50 0.50 47.50 0.10 9.50 0.10 9.50 0.30 28.50 0.30 28.50 0.20 15.00 0.30 22.50 0.40 30.00 Spring Valley Sanitation District c/o P. 0. Box 671 Carbondale, CO. 81623 Jeffrey M. Bier Advice to Sanitation District 07/22/81 AHF Prepare for Meeting Special Meeting 07/23/81 AHF Review House Bill 1320 07/24/81 AHF Telephone Conference with L.Leavenworth 07/28/81 AHF Telephone Conference with J.Bier; L.Leavenworth; and G.Zierk 07/29/81 AHF Telephone Conference with L.Leavenworth; G.Zierk 07/30/81 AHF Review House Bill 1320 07/30/81 AHF Telephone Conference with L.Leavenworth; G.Zierk R.VanPelet; G.Hoskins; and P.Miller 07/31/81 AHF Telephone Conference with D.Gordon; L.Leavenworth TOTAL PROFESSIONAL SERVICES 0.40 0.40 0.10 0.30 0.20 0.10 0.70 August 15, 1981 DWR 81NQB-000 30.00 30.00 7.50 22.50 15.00 7.50 52.50 0.50 37.50 5.60 $460.00 06/19/81 AHF Long Distance Tele. Calls 0.75 June long distance calls 07/31/81 DWR Postage/Overnight Delivery 4.07 May - July 07/31/81 DWR Long Distance Tele. Calls 10.95 TOTAL DISBURSEMENTS $15.77 • Spring Valley Sanitation District c/o P. 0. Box 671 Carbondale, CO. 81623 Jeffrey M. Bier Advice to Sanitation District Previous Balance Payments Received Retainer Applied __ Adjustments Current Charges _ Amount Due & Payable 2,307.73 0.00 0.00 0.00 475.77 2,783.50 August 15, 1981 DWR 81NQB-000 DAVID W. ROBBINS ROBERT F. HILL ALAN H. FRIEDMAN FRIEDMAN. HILL & R0f313INS ATTORNEYS AT LAW 220 EQUITABLE BI'ILDINO 730 SEVENTEENTH STREET DENVER. COLORADO 80202 303 672-8300 Spring Valley Sanitation District c/o P. 0. Box 671 Carbondale, CO. 81623 Jeffrey M. Bier Advice to Sanitation District 08/04/81 AHF Telephone Conference with P.Miller, G.Zierk and V.Lykou 08/04/81 AHF Review Recovery Contract 08/04/81 AHF Telephone Conference with G.Hoskins, W.Brown, Van Pelt, and Miller 08/04/81 AHF Research H.B.1320 08/04/81 AHF Telephone Conference with VanPelt and Miller; with Raisch 08/05/81 AHF Review Agreements 08/05/81 AHF Telephone Conference with G.Hoskins 08/06/81 AHF Attend Meeting Board Meeting 08/06/81 AHF Conference with G.Hoskins 08/10/81 AHF Telephone Conference with G.Hoskins re Recovery Agreements 08/11/81 AHF Telephone Conference with Sinic ? J. EVAN OOL:LDINO OP COUNSEL September 15, 1981 DWR 81NQB-000 0.40 30.00 0.40 30.00 0.40 30.00 0.30 22.50 0.60 45.00 0.70 52.50 0.10 0.50 3.00 0.20 7.50 37.50 225.00 15.00 0.30 22:50L Spring Valley Sanitation September 15, 1981 District c/o P. 0. Box 671 Carbondale, CO. 81623 DWR 81NQB-000 Jeffrey M. Bier Advice to Sanitation District 08/17/81 AHF Review file 08/17/81 AHF Prepare for Meeting Notices 08/17/81 AHF Telephone Conference Garfield County Commission 08/17/81 AHF Research Publication, Oaths 08/17/81 AHF Telephone Conference with R.VanPelt; P.Miller; V.Lykou; Glen -Bell Agency 08/18/81 AHF Telephone Conference with M.Wall, G.Zierk, G.Hoskin 08/18/81 AHF General Documents & Agreements Minutes, Notice, correspon- dence, Affidavits 08/18/81 AHF Review Petition and Notice 08/18/81 AHF Telephone Conference with P.Miller, V.Lykou 08/19/81 AHF General Documents & Agreements Meeting notice 08/24/81 AHF Telephone Conference with J.Raisch 0.20 0.60 0._0 0.20 0.50 15.00 45.00 22.50 15.00 37.50 0.40 30.00 1.80 135.00 0.30 0.40 0.30 :0.10 22.50 30.00 22.50 7.50 Spring Valley Sanitation District c/o P. 0. Box 671 Carbondale, CO. 81623 Jeffrey M. Bier Advice to Sanitation District 08/25/81 AHF Review files re disclosures 08/26/81 AHF Telephone Conference with G.Hoskins 08/26/81 AHF Review Agreement 08/27/81 AHF Telephone Conference with G.Hoskins 08/27/81 AHF Review LARP Agreement 08/28/81 AHF Telephone Conference with M.Wall 08/30/81 AHF Travel Time Boulder to Glenwood Springs 08/30/81 AHF Prepare for Meeting Board Meeting 08/31/81 AHF Travel Time Carbondale to Boulder 08/31/81 AHF Conference with G.Hoskins 08/31/81 AHF Attend Meeting Board Meeting TOTAL PROFESSIONAL SERVICES September 15, 1981 DWR 81NQB-000 0.10 0.10 0.40 0.40 0.50 0.10 3.20 0.50 4.00 2.20 6.00 29.50 7.50 7.50 30.00 30.00 37.50 7.50 240.00 37.50 300.00 165.00 450.00 $2,212,50 FRIEDMAN, HILL Sc ROBBINS ATTORNEYS AT LAW 220 EQUITABLE BUILDING 730 SEVENTEENTII STREET DENVER. COLORADO 80202 303 672-8300 Spring Valley Sanitation District c/o P. 0. Box 671 Carbondale, CO. 81623 Jeffrey M. Bier Advice to Sanitation District 09/01/81 AHF Conference with D. Robbins 09/01/81 AHF Telephone Conference with G. Hoskin 09/04/81 AHF Telephone Conference with D. Gordon 09/04/81 AHF Review bank account 09/09/81 DWR Conference with A.Friedman 09/10/81 AHF Research penalty 09/10/81 AHF Telephone Conference with G. Hoskins, P. Miller, G. Zierk 09/10/81 AHF General Documents & Agreements Minutes, Affidavit 09/17/81 AHF Travel Time Denver -Aspen 09/18/81 AHF Prepare for Meeting of the Board 09/18/81 AHF Attend Meeting of the Board 09/18/81 AHF Conference with R. Anderson, B. Bowden, M. Wall, G. Hoskin October 15, 1981 DWR 81NQB-000 0.20 15.00 0.30 22.50 0.20 15.00 0.10 0.50 2.20 1.20 0.90 2.50 1.30 1.60 1.50 7.50 37.50 165.00 90.00 67.50 187.50 97.50 120.00 112:50 Spring Valley Sanitation District c/o P. 0. Box 671 Carbondale, CO. 81623 Jeffrey M. Bier Advice to Sanitation District October 15, 1981 DWR 81NQB-000 09/18/81 AHF Conference 1.80 135.00 M. Wall, G. Hoskin, D. Gordon, V. Lykou 09/19/81 AHF Travel Time 3.30 247.50 Aspen -Glenwood Springs -Aspen - Denver 09/23/81 AHF Telephone Conference 0.20 15.00 with M. Wall, G. Hoskin 09/30/81 AHF Review 0.40 30.00 past bills 09/30/81 AHF Correspondence 0.30 22.50 with CMC TOTAL PROFESSIONAL SERVICES 18.50 $1,387.50 07/31/81 DWR Long Distance Tele. Calls 7.32 July 19, 1981 statement 08/31/81 AHF Photocopy 1.35 August 08/31/81 DWR Long Distance Tele. Calls 143.97 August 19, 1981 statement 09/30/81 DWR Photocopy 29.85 September 09/30/81 DWR Postage/Overnight Delivery 9.40 September TOTAL DISBURSEMENTS $191.84 CURRENT CHARGES $1,579.39 Spring Valley Sanitation District c/o P. 0. Box 671 Carbondale, CO. 81623 Jeffrey M. Bier Advice to Sanitation District Previous Balance _ Payments Received Retainer Applied Adjustments Current Charges Amount Due & Payable 5,003.20 0.00 0.00 0.00 1,579.39 6,582.59 October 15, 1981 DWR 81NQB-00J October 28, 1981 Spring Valley Sanitation District c/o Malcolm Wall P. 0. Box 1506 Glenwood Springs, CO 81602 Bills Due as of 9/30/81: . 1. Dalby, Wendland & Co., P.C. . 2. Glenwood Post - publication for Public Meeting on Foster's Annexation Petition 3. Schmueser & Associates engineering services 4. Leavenworth, Patrick & Lochhead - remainder of legal fees 5. Friedman, Hill & Robbins - legal fees and cost reimbursement through 9/30/81 6. Eldorado Engineer Co. enginer:ring services TOTAL DUE: S 101.50 42.78 454.00 1,404.56 6,582.59 342.00 $8,927.43 1 FRIEDMAN. HILL & DOBBINS ATTORNEYS AT LAW 220 EQUITABLE: lit)ILDINO 7.O SI \ETF NTl1 STIiE T 1)HN\'1i12. (:Ol. I2A1)O HO'2O_ :41):I t,72-11:11)() Spring Valley Sanitation District c/o P. 0. Box 671 Carbondale, CO. 81623 Jeffrey M. Bier Advice to Sanitation District 11/11/81 AHF Review of Recovery Statement 11/11/81 AHF Telephone Conference with B.Bowdin, D.Gordon, Dalby, Wendland 11/12/81 AHF Telephone Conference with L.Krugerud, J.Raisch 11/13/81 AHF Correspondence with M.Wall 11/16/81 AHF Telephone Conference with M.Wall 11/17/81 AHF Correspondence with P.Miller 11/19/81 AHF Conference with D.Robbins 11/19/81 AHF Prepare for Meeting Bo rd Meeting 11/19/81 AHF Telephone Conference with G.Zierk, M.Wall, B.Emerson 11/19/81 AHF Travel Time Denver/Glenwood Springs December 17, 1981 DWR 81NQB-000 . 20 15.00 . 70 . 30 22. . 20 15. . 40 30. Advice to Sanitation District 11/20/81 AHF Tele hone Conference withi`B.Emerson 11/20/81 AHF Travel Time Glenwood Springs/Denver 11/20/81 AHF Attend Meeting Board Meeting 11/20/81 AHF Prepare for Meeting Board Meeting 11/23/81 AHF Telephone Conference with M.Wall, G.Hoskin 11/25/81 AHF General Documents & Agreements Notice of Special Election and Resolution 81-2 11/25/81 AHF Prepare for Meeting Special Meeting 11/25/81 AHF Research re election statutes 11/30/81 AHF Telephone Conference with M.Wall PROFESSIONAL SERVICES 11/30/81 AHF Travel Expenses Ck. #3975 to Master Travel 11/30/81 DWR Long Distance Tele. Calls 9/19/81 long distance stmt. 11/30/81 DWR Postage/Overnight Delivery November 40 3. 00 5 00 1.10 30 1.00 50 80 20 18. 30.1:4ra- 225.0 375.0 82.5 22.50 75.00 37.50 60.00 15.00 70 $1,402.50 80.00 7.94 4.08 Advice to Sanitation District 11/30/81 DWR Photocopy November DISBURSEMENTS PREVIOUS BALANCE PAYMENTS RECEIVED RETAINER APPLIED ADJUSTMENTS NEW TIME & DISBURSEMENTS AMOUNT DUE & PAYABLE 17.55 $109.57 $7,640.33 $1,101.07 $0.00 $0.00 $1,512.07 $8,051.33 Fi i -,m AN, HILL 8C ROBBINS ATTORNEYS AT LAW 22C) EQPITADLE 19L'ILDINO 730 SEVENTEENTH STREET DENVER. COLORADO 80202 Spring Valley Sanitation District c/o P. 0. Box 671 Carbondale, CO. 8'623 Jeffrey M. Bier Advice to Sanitati District 303 572-8300 12/07/81 AHF Te',ephone Conference wi 'h J.Raisch 12/10/81 AHF Teephone Conference wi'h V.Lykou, M.Wall 12/11/81 AHF Telephone Conference wi h G.Hoskin 12/15/81 AHF Te'ephone Conference wih M.Wall 12/16/81 AHF Te'!ephone Conference wi h M.Wall 12/18/81 AHF Co respondence wish M.Wall 12/18/81 AHF Te:'ephone Conference wi,h B.Emerson PROFESSIONAL SERVICES 12/31/81 AHF Po"tage/Overnight Delivery De ember 12/31/81 AHF Ph De tocopy ember 1981 DISBURSEMENTS January 18, DWR 81NQB- . 20 15. aG" . 50 37. .30 22.'p0 . 20 15..00 . 30 22.'0 . 10 .40 30. 2.00 $150. _ ::: = $3. z Advice to Sanitati t • on Distri PREVI PAYME RETAI ADJUS NEW T AMOUN ct OUS BALANCE NTS RECEIVED NER APPLIED TMENTS IME & DISBURSEMEN1 T DUE & PAYABLE 11 $8,051.33 $0.00 $0.00 $0.00 $153.01 $8,204.34 Peter T. Craven 811 Blake Avenu Glenwood Spring Dear Mr. Craven The followi trict has incur $1,511.00. I a figures. I sho tion Agreement November 20th m Foster Petroleu charges for pre accept full res other charges a ization and Ala the Glenwood Po Please requ Spring Valley S review of their cc: Flaven Ceri Eugene "Jim Larry Velas FMW: sos March 5, 1982 Esquire CO 81601 • is a list of expenses which he Sanitation Dis d on behalf of Foster Petrole`m. The total is enclosing copies of invoices which itemize the d like to note that the Foster Petroleum Annexa s discussed at several meetings. However, the ting was for the primary purposes of reviewing s Annexation Agreement. I ani not including ous meetings but feel Foster Petroleum should nsibility for the November 201h meeting. The for phone calls between FostLr Petroleum organ Friedman, District Engineer aLd for notices in e that Foster Petroleum depos:t $3,000.00 in th itation District trust account before further nnexation agreement. Sincerely, F. Malcolm Wall pring Valley Sanitation District , Carfield County Commissioner Drinkhouse, Garfield County Commissioner ez, Garfield County Commissiorer Fo Mr. Davis Farrar Garfield County P 2014 Blake Avenue Glenwood Springs, Dear Davis: • ER PETROLEUM CO='i!,17,)-,_,_ POR Ti l 242 MAIN STREET CARBONDALE. COLORADO 81623 303-963-3200 nning Department 0 81601 Foster Petroleum Corporation appreciated the time whic planning personnell devoted to the Spring Valley Sanita ation request by Foster. I certainly hope that such efforts will result in Fost the District on th;e terms and conditions I outlined in office. Thanks again for your assistance in this matter, and I seeing you again soon. DLS:jc Sincerely, Duncan L. Sinnock Real Estate Investm APR 2 61982 I .Q c April 26, 1982 you and the other ion District annex - is acceptance into the meeting in your looking forward to t Manager 1o 5-1 ,� FEB 1 GARFIELD CO. ?LAO ROBERT B. EMERSON February 10, Mr. F. Malcolm Post Office Bo Glenwood Sprin Re: Spri Corp Dear Mr. Wall: I've heard noth 1982 requesting the Petition fo Corporation. A willing and anx willing to pay incurred by the petition, and a deposit in my t LAW OFFICES OBERT B. EMERSON, P.C. 86 SOUTH THIRD STREET CARBONDALE COLORADO 81623 (303) 963-3700 all 1506 , CO 81602 Valley Sanitation District -Foster Petroleum ation Annexation Petition ng from you since I wrote you on January 20, once again, that the Board take action on Annexation filed by Foster Petroleum I indicated in that letter, Foster remains ous to resolve this matter. Foster is or attorney's fees and engineering fees District in connection with the annexation you know, I have the sum of $3,000.00 on ust account for this purpose. Once again, on Behalf of Foster Petroleum Corporation I request a respoIse from the Board concerning Foster's Petition for An '-xation. If I don't hear from you, I will assume that the,i:oard has determined that Foster's Petition for Annexation could be denied. Sincerely, ROBERT B. EMERSON, P.C. By: RBE/kam cc: Board of Cmy Commissioners Earl Rhode Duncan Sin `ick Jerry W. R. `', sch Tom Presto Davis Farr Robert B. Emerson CZ. 1(d 4.e 1" w• civ . c.e_ 1:. January 20, Mr. P. Malco Post Office Glenwood Spr Re: c 01,) Co Dear Mr. Wal When we last advised me t 1981 for det Annexation P that the pub continued to It was my un that the Dis attorney to contact me t fees and eng Since that t Foster's pos for attorney in connectio the opportun prior to pay $3,000.00 is easiest meth billing sent agreement tli the criteria position is Foster's con problem has Mr. Fredman make sure th work directl: m Wall ON 1506 ings, CO E1602 • ring Valley Sanitation District -Foster Petroleum rporation Annexation Petition 1: talked by telephone regarding this matter, you 1 ,at a meeting was not scheduled for -December 31, 'rmination on the Foster Petroleum Corporation tition. This was contrary to -ay understanding dc hearing regarding this.matter has been. 'that date. erstandir, rict woul replace Al 0 work out ineering f ire, I ha tg after our teleph .d be retaining the .an Friedman. The the details of pa ees related to the re heard nothing co ition rem 's fees ar n with its ity to re ment of th now on de ad of hand directly at attorne outlined not to try cern arise eveloped s attorne t its fun involved sins the same. It A engineering fees Annexation Petiti view and approve an hese fees. Since t posit in my trust ling this matter i to me, with the un y's fees and engin above will be prom to avoid payment :s because of its u regarding payment y's fees. Foster ds are used only i . with the annexati one conversation services of an new attorney would yme t of attorney's Fo ter Petition. nce ning this matter is in on. it he acc s s der ser ptl of nde illing to pay urred directly I would have mized billing equested sum of unt, perhaps the mply to have the tanding and ng fees meeting paid. Foster's ttorney's fees. standing that a by the District of simply wishes to n connection with on. 1.0 it Mr. F. Malc January 20, Page two m Wall 982 I would hops' to hear from you or your attorney in the near future. As e have repeatedly advised you, Foster anxiously awaits the :•ard decision concerning the Petition for Annexation. RBE/kam cc: Board Earl R Duncan Jerry t Tom Pr Sincerely, ROBERT B. EMERSON, P.C. By: County Commissioners des innock Raisch ton Robert B. Emerson December 28, 15 Mr. F. Malcolm P. O. Box 1506 Glenwood Spring Re: Spring Corpor Dear Mr. Wall: have received have also receiv crossed in the m Your letter of D Foster Petroleum deposited in my and engineering annexation petit necessary for yo the history of ti itemized billing attorney or engi: for annexation a prior to payment promptly refunded As I indicated i Corporation woul writing, to the not know if a me can give me the for this meeting RBE/lc cc: Board of Cou Earl Rhodes Duncan Sinn Jerry W. Rai Tom Preston 11; • 11 Colorado 81602 Valley Sanitation District -Foster Petroleum tion Annexation Petition ur letter of December 18, 1981. I assume that you [. my letter of December 22, 1981, our letters having 1. • ember 18, 1981, does not address certain concerns o orporation concerning the use of the $3,000.00 ust account. Foster will pay for attorney's fees. es incurred directly in connection with the n. This will not include travel time or the time new attorney to familiarize himself generally with District. I will be provided with a copy of an howing exactly what work has been done by your er in connection with the Foster Petroleum petition will have the right to review and approve the same Any unused portion of the retainer deposit will he to my client. mv letter of December 22, 1961, Foster Petroleum appreciate it if the Board would simply respond, in tition for annexation. At this point in time, I do ing is scheduled for December 31, 1981. Perhaps you ard's position prior to that time E41 that the need s eliminated. y Commissioners Sincerely, ROBERT B. EMERSON, P.C. By: Robert B. Emerson December %, 1981 Mr. Rober B. Emerson 86 South ird Street Carbondal:l CO 81623 Dear Mr. erson: As decided November 2 Petroleum account fo annexation The Board for the re attorney, and other such as pu The three Spring Val of Glenwoo Please not for the da Sincerely, F. Malcolm Member Spring Vall MW/1s cc: Larry Flaven Eugene Earl G Leanne by the Spring Valley Sani th meeting, the Board is posit three thousand dol the payment of bills rel f Foster Petroleum. to use th ew of the r any engi ems relati ishing not ousand dol y Sanitati P.O. Box this is a to day bus tation District at their requesting that Foster lars ($3,000) in a trust ating to the proposed e three thousand dollars ($3,000) to pay agreement by the Sanitation Board's neering work relating to the annexation, ng to the annexation of Foster Petroleum, ices. lars ($3,000) should be deposited in the on District Escrow Account 11093-72-6, Bank 520, Glenwood Springs, CO 81601. special checkir iness of the Sz Sanitatio n District Boa g account and is not used nitation District. rd lasquez, County Commissioner . Cerise, County Commissioner rinkhouse, County Commissioner Rhodes, County Attorney leland, Secretary to Commissioners December 22, 1981 Mr. Malcolm -Wall P. 0. Box 1506 Glenwood Springs, Col orado 81602 RE: Spri g Valley Sanitation DiStriC Fost r Petroleum Corporation Ann Dear Mr. Wa 1: Per your re of my lette Friedman ha Spring Vail oration is on deposit paying for himself con Foster Petr would be re generally ith the D incur these fees. reasonable attorney' connecti is my un ngineerir and the on y thing t Board to determine rn enclosing with t -ober 2, 1981, to Al me that he has res tion District. FOE ng to have any port st account used fo/ ttorney hired by tl 11 that has transpi etition for Annexal spend this time t istrict anyway, an Foster Petroleum s fees and enginee .on with the annexa Lderstanding that v ig work has been do :hat remains to be ind annouce its pos uest, I of Decei advised y Sanita ot willi n my tru nother a erning leum'sP a uired to t exation Petition his letter a copy an Friedman. Mr. igned as counsel for ter Petroleum Corp. ion of the $3,000.00 the purpose of le District to update red to date. Absent :ion, your attorney D. familiarize himself a the District would s willing to pay for ring fees incurred tion petition. irtually all of the ne regarding this, finalized is for the ition. directly i However, i legal and )u in our recent te )et with you to try ?.r further. Foster )0 much time and ef rd. We would apprc 1 to our petition i whether you accept roposed terms, whet As I indicated to yc I am unwilling to ME negotiate this matt( has already spent tc position to the Boa would simply respon like itouttd)itell us Annexation on the p lephone conversation, to discuss or. Petroleum Corporation fort presenting its ciate it if the Board n writing. We would our Petition for her our Petition for • • December 22, 1981 Mr. Malcolm Wall P. O. Box 1506 Glenwood Springs, Colorado 81602 RE: Spring Valley Sanitation District Foster Petroleum Corporation Annexation Petition Dear Mr. Wall: Per your request, I am enclosing with this letter a copy of my letter of December 2, 1981, to Alan Friedman. Mr. Friedman has advised me that he has resigned as counsel for Spring Valley Sanitation District. Foster Petroleum Corp= oration is not willing to have any portion of the $3,000.00 on deposit in my trust account used for the purpose of paying for another attorney hired by the District to update himself concerning all that has transpired to date. Absent Foster Petroleum's Petition for Annexation, your attorney would be required to spend this time to familiarize himself generally with the District anyway, and the District would incur these fees. Foster Petroleum is willing to pay for reasonable attorney's fees and engineering fees incurred directly in connection with the annexation petition. However, it is my understanding that virtually all of the legal and engineering work has been done regarding this, and the only thing that remains to be finalized is for the Board to determine and annouce its position. As I indicated to you in our recent telephone conversation, I am unwilling to meet with you to try to discuss or. negotiate this matter further. Foster Petroleum Corporation has already spent too much time and effort presenting its position to the Board. We would appreciate it if the Board would simply respond to our petition in writing. We would like Ioutecoltell us whether you accept our Petition for Annexation on the proposed terms, whether our Petition for Mr. Malcolm Wall Page 2 December 22, 1981 Annexation is being refused, or if the District has a counter- proposal. If you would give me this position prior to December 31, 1981, the need for another meeting may be eliminated. Sincerely, ROBERT B. EMERSON, P.C. By: RBE:cs cc: Duncan Sinnock Jerry Raisch Tom Preston Robert R. Emerson December 2, 1981 Mr. Alan Friedman Friedman, Hill & Robbins 730 - 17th Street Denver, CO 80202 Re: Spring Valley Sanitation District/ Foster Petroleum Corporation Annexation Petition Dear Al: This letter will confirm the occurrences at the last boa±d meeting of the Spring Valley Sanitation District held Novdmber 20, 1981, together with our telephone conversation of that date. The Board has required that Foster Petroleum Corporation deposit the sum of $3,000.00 to be applied against the attorney's fees and engineering fees incurred by the District in connection with the review Foster Petroleum's petition for annexation. Fees to be deducted from this amount will be based at the normal hourly billing rate for you and Dean Gordon, and will include only time incurred directly related to the petition for annexation beginning November 21, 1981. My understanding is that fees will not include travel time incurred by either you or Dean if those expenses and time are required for other business of the District. It is also my understanding that both of you will prepare itemized billings reflecting the amount of time actually spent in connection with the petition for annexation and will provide copies of such itemized billing to me. In addition, any unused portion of the retainer deposit will be refunded through my client. I have received the sum of $3,000.00 from Foster Petroleum Corporation and have it on deposit in my trust account. I will await your instructions on how and with whom this money should be deposited. If for any reason you believe that the statements contained in this letter are incorrect, please respond in writing. Otherwise, I will presume that you agree with the terms and conditions outlined herein. Page Two Mr. Alan Friedman December 2, 1981 As 1 mentioned to you before, Foster Petroleum Corporation is scheduled to meet with the Garfield County Commissioners on December 7, 1981, for final plat review. If you can advise me of the Board's position regarding Foster's petition for annexation prior to that time, I would greatly appreciate it. Sincerely, ROBERT B. EMERSON, P.C. By RBE/gsv cc: Duncan Sinnock Jerry W. Raisch Robert B. Emerson • ,,ti tiw.rn,ae�.: .e4,0 43 oozes. ooaszt, /5, /9 V OcA 9/1A- Ct""0 1•Zt .JC_e-A2.)6f)01N1C2e-OP -44A-;* -*C okal). ri-el9+4 Al.;600 'ZC' GOIACtVIAT,A- (AZ/1242 el-;:) Cc ------ c_v_o DUSt— 14-‘144.4.r. L_/ -s t -A-, ILr/?cS--€A AY -14„.„, 74,,A„acze A:41Ex,,.. 073--t---4-,—,---C . , V.‘,,,-t-ca,-() —._ ic , d-- et ---1 oez,,7 v",e,,,„ „_,___A e(,),..--(0-J2-e-LJ c.„... . , //a.,,,,,_,z,/ e,f-- ez„e Ut._.e..„„ / c7 c‘ -„e : fr.k eti ?4 >L1 --t . ,,et. i 4€ '4 TeICA4 ) 4 ). ) 6-4 5-4-4c,. tt • CARBONDALE SANITATION DISTRICT BOARD OF DIRECTORS RE: POLICY FOR PROCESSING PETITIONS FOR INCLUSION IN THE DISTRICT, 1. The petitioners are responsible for preparing the Petition, the Notice of Hearing for publication, the Order for In- clusion for the Board of Directors signature, and the Order for Inclusion for the signature of the Judge of the District Court, 2. With each petition there shall be two copies of a map containing the following information: a. A written legal description of the boundaries of the area proposed to be annexed; b. The map shall show the boundary of the area proposed for inclusion; c. Within the boundaries of the map there shall be shown the location of each ownership tract in unplatted land, and if part or all of the area be platted, then the boundaries and the plat numbers of plots or of lots and blocks shall be shown; d. If the area proposed for inclusion within the district is contiguous to the district the contiguous boundary of the district shall be drawn on the map together with the dimen- sions of the contiguous boundary; e. The map shall bear the certificate and seal of the registered engineer of land surveyor. f. The map shall show the dimensions of the boundaries and tracts, plats, lots and blocks within the area, if any, and the bearings of the boundaries of said area. 3. All publications and costs shall be paid by petitioner. 4. A handling charge of $50,00 shall be remitted to the Secretary for the District along with all documents mentioned in Item No. 1 above at the time of presentation of petition. ATTEST: Secretary /,< President, Carbondale _anitation District • • ANNEXATION AGREEMENT THIS AGREEMENT, Made this day of 1981, between SPRING VALLEY SANITATION DISTRICT (hereinafter referred to as "District"), a sanitation district organized pursuant to C.R.S. 1973, 32-4-101, et seq., and FOSTER PETROLEUM CORPORATION (hereinafter referred to as "Foster"), a Delaware corporation licensed to do business in the State of Colorado. WITNESSETH: Foster is the sole owner of the Lake Springs Ranch property (hereinafter "Lake Springs Ranch"), more specifically defined as follows: A parcel of land described as Lots Five (5) and Six (6) of Section Thirty -Two (32) ; Lots Seven (7) , Eight (8) , Nine (9) , Ten (10) , Eleven (11) , Twelve (12) , Thirteen (13), Fourteen (14), Fifteen (15) , Sixteen (16) , Seventeen (17) , Twenty (20), Twenty -One (21), Twenty -Two (22), Twenty -Eight (28), and the Northeast Quarter of the Southeast Quarter (NE 1/4 SE 1/4) of Section Thirty -Three (33); and the Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1/4) of Section Thirty -Four (34), all in Township Six (6) South, Range Eighty -Eight (88) West of the Sixth Principal Meridian. Also Lots Two (2), Three (3), and Nine (9) of Section Four (4), Township Seven (7) South, Range Eighty -Eight (88) West of the Sixth Principal Meridian, County of Garfield, State of Colorado. Foster intends to construct approximately 210 single family dwellings on this property. An annexation petition has been filed by Foster with the District seeking the annexation of the above-described property into the District. The District and Foster deem it advisable and advantageous to join in and execute an agreement to specifically set forth the terms and conditions upon which the annexation of Lake Springs Ranch shall occur into the District pursuant to C.R.S. 1973, 34-4-122(1)(a). • • NOW THEREFORE, in consideration of the foregoing mutual covenants contained herein and the previously filed petition for annexation, IT IS AGREED AS FOLLOWS: Section I: ANNEXATION The District shall annex Lake Springs Ranch provided that Foster fulfills the following conditions: 0 A. District Organization Costs As of this date, the District has paid approximately $ 105,868.00 for the organization of the District. Provided that the Los Amigos Partnership pays an equivalent amount, Foster will pay to the District one half of the reasonable and necessary organization costs of the District. Organization costs shall include, but not be limited to, such items as legal and engineering fees directly associated with the formation of the District. Organization costs shall not include any costs associated with the collection, transmission or treatment of sewage attributable to Los Amigos. B. Foster shall pay all reasonable and necessary costs incurred by the District associated with this annexation. Such costs shall include, but not be limited to, legal, engineering and publication costs as well as costs incurred in revising or amending the District Service Plan if revision or amendment is required by county or state government. Section II: SEWER SERVICE The District shall provide sewer service to the approximately 210 units of the Lake Springs Ranch provided that Foster fulfills the following conditions: 2 A. Construction of Collection and Transmission Lines 1. Foster will construct and pay allcosts of sewer collection lines within Lake Springs Ranch as well as all costs of a sewer transmission line to convey the sewage from the Lake Springs Ranch to the existing District Wastewater treatment plant. 2. Prior to commencing construction, Foster shall submit plans and specifications for the collection and transmission lines to the District for review and approval by its engineer. Foster agrees to pay all reasonable and necessary costs incurred by the District for such review. 3. The District's engineer shall, at Foster's expense, inspect and approve all collection and transmission lines constructed by Foster. 4. Upon completion of construction Foster shall deed such lines to the District together with any easements necessary for the future operation, repair and maintenance. 5. Upon acceptance of the collection and transmission lines by the District, the District shall assume responsibility for operation, repair and maintenance of the lines, provided that Foster shall be responsible for a period of one year from date of acceptance for all repairs necessitated by defective materials or workmanship. B. Construction of Wastewater Treatment Facilities 1. The District shall be responsible for construction in a timely fashion of wastewater treatment facilities to serve the Lake Springs Ranch. The District:s engineer has estimated that cost of such facilities at $ 325,000.00 . Foster agrees to pay such costs to the District in advance of construction or in accordance with a schedule of payment to be mutually agreed upon by the parties. 3 • • 2. Any subsequent prospective users of the District shall similarly pay for the cost of expansion of the District's wastewater treatment facility. In the alternative, the District may charge such prospective users plant investment or tap fees sufficient to cover the capital cost to the District of providing such service. III. Monthly Service Fees A. Operation and Maintenance The District shall be responsible for all operation and maintenance of the wastewater treatent plant. The costs of such operation and maintenance shall be borne by the users of the District based on their proportionate share of use of the District's facilities. B. Administrative and Other Costs Foster recognizes that Colorado Mountain College may not be obligated to contribute to the ongoing administrative and other costs of the District. Foster shall pay its share of such costs based on its proportionate share of use of the District's facilities (ignoring the use contribution by Colorado Mountain College). C. The District covenants that under no circumstances shall Foster or its successors in Lake Springs Ranch, be obligated to pay any costs attributable to expansion of facilities to serve any new service area within or outside of the District. This shall not prohibit the District from issuing bonds to finance such expansions; however, such bonds shall be paid off solely by the residents of the new service area benefiting from the expanded service. 4 • • IV. Tax Assessments Foster agrees to pay its share of all general tax assessments associated with the District. The District covenants that under no circrostances shall general tax revenues be used to finance, either directly or indirectly, any expansion of facilities to serve any new area within or outside of the District. V. Miscellaneous Covenants A. The District shall establish reasonable rules and regulations concerning the use of the system by all customers and all users. Such rules and regulations shall be uniformly and fairly enforced. Further, the District may establish standby charges, service charges, and plant investment fee charges in accordance with Colorado statutes as the District deems necessary for its operation. B. The District shall at al]. times operate the entire system properly and in an economical manner, making repairs and replacements to assume the continuous operation of the system. The District shall at all times operate the system to the best of its ability in conformance with all federal, state, and local statutes and regulations applicable to such facilities. C. There shall be no competing private systems constructed within the boundaries of the District, including the Lake Springs Ranch property, and all residential, commercial, industrial, and municipal structures wherein wastewater is produced therefrom shall be connected to the District's facilities. D. The parties to this Agreement acknowledge that this Agreement constitutes full agreement between them and that neither parties rely upon any oral representation made by a party or an agent or officer of a party. 5 • E. It is understood and agreed that this Agreement shall be in full force and effect until terminated by mutual agreement by the parties hereto or as provided by law. The effective date of this Agreement shall be the day of 1981, and this Agreement shall be binding upon the successors and • assigns of the parties hereto. F. This Agreement is made and delivered within the State of Colorado and the laws of the State of Colorado shall govern its interpretation, validity, and enforceability. This Agreement shall not be varied or terminated except by the written agreement of both parties. IN WITNESS WHEREOF, the parties of this Agreement have executed this Agreement as of the date and year First above written. ATTEST: Secretary SPRING VALLEY SANITATION DISTRICT By 6 President (303) 945-1004 FAX (303) 945-5948 Sr'M SCHMUESER GORDON MEYER ENGINEERS SURVEYORS • 1001 Grand Avenue, Suite 2E Glenwood Springs, CO 81601 October 11, 1993 Mr. Dwain Watson Colorado Department of Health 222 South 6th Avenue, Room 232 Grand Junction, CO 81501 iir .: 22.077 tOCT 1 4 1993 RFIELD COUNTY p RE: Request to Amend a Previously -Issued Site Application Sprine Valley Sanitation District, Glenwood Springs Dear Dwain: The Garfield County Commissioners, at their regularly -scheduled October 4, 1993 meeting, reviewed the above -referenced application. This review was part of their published agenda that appears weekly in the Glenwood Post. The Commissioners did not receive any public input. Mr. Mark Bean, Planning Director, indicated that no formal action was taken by the Commissioners because of no requirement for such action by the Department of Health. Mr. Bean indicated he would provide you written documentation of the meeting if you so desire for your files. Please let me know if that is a requirement of your review process. I also informed Mr. Greg Boecker, Chairman, that you expected to review the Site Application shortly. Sincerely, SCHMUESER GORDON MEYER, INC. .�LFiyt c+.2 t Dean W. Gordon, President DWG:lec/1503.2 cc: Mr. Greg Boecker, Chairman, Spring Valley Sanitation District Mr. Mark Bean, Garfield County Planning Director