File #: ID-303-15    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 10/7/2015 In control: City Council
On agenda: 10/20/2015 Final action:
Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACTING BY AND THROUGH ITS WATER ENTERPRISE, APPROVING THAT CERTAIN SURFACE USE AND MINING AGREEMENT BY AND BETWEEN THE CITY OF BRIGHTON AND READY MIXED CONCRETE COMPANY (“RMCC”), FOR THE MINING OF APPROXIMATELY 9.708 ACRES OF CITY-OWNED LAND LOCATED IN KEN MITCHELL LAKES CELL NO. 1, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE AGREEMENT, AND SETTING FORTH OTHER DETAILS RELATED THERETO
Attachments: 1. 20150921_Cell 1_Mining SUA_ (Section 4 rev) (FINAL102015), 2. 20150921_Exhibit A_Surface Use Agreement_Cell 1 (00277788xC0C84), 3. 20150921_Exhibit B to Surface Use and Mining Agreement_Cell 1 (00277787xC0C84), 4. 20150921_Exhibit C_Surface Use Agreement Cell 1 (00278584xC0C84), 5. 110 application
Body
Department of Utilities
Reference: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACTING BY AND THROUGH ITS WATER ENTERPRISE, APPROVING THAT CERTAIN SURFACE USE AND MINING AGREEMENT BY AND BETWEEN THE CITY OF BRIGHTON AND READY MIXED CONCRETE COMPANY ("RMCC"), FOR THE MINING OF APPROXIMATELY 9.708 ACRES OF CITY-OWNED LAND LOCATED IN KEN MITCHEL LAKES CELL NO. 1, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE AGREEMENT, AND SETTING FORTH OTHER DETAILS RELATED THERETO


To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Chontel Trujillo, Assistant City Manager of Operations

Prepared By: Curtis Bauers, Utilities Director
Date Prepared: October 5, 2015
PURPOSE

To consider the Surface Use and Mining Agreement to allow the Ready Mixed Concrete Company (RMCC) to mine up to an additional 10 surface acres adjacent to and incorporated into, the existing Cell #1 of the Ken Mitchell Lakes Storage Complex. This Agreement would generate royalties from the removal of salable aggregates through RMCC as well as result in additional water storage capacity in Cell #1.
BACKGROUND

Gravel mining at the Ken Mitchell site began in the early 1990's and has gone through many iterations over the years. As the storage has been completed, various additional projects have been necessary to bring it to operational status. The Ken Mitchell Storage Complex currently consists of 1,800AF in Erger's Pond, 2,400AF in Cell#1, and 2,500AF in Cell#3. Cell#2 was mined and then filled in with overburden from the construction of the other cells, and is no longer a water storage vessel.
Staff has received a recent request from RMCC to do additional mining in Cell #1. A Permit referred to as a 110 Permit, authorizes minor gravel and aggregate mining on properties less than 10 acres, in an expedited fashion. RMCC has identified a 10 acre piece of property which lies within the slurry wa...

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