Settlement Agreement

SETTLEMENT AGREEMENT
This Settlement Agreement (the “Agreement”) is entered into by and between the parties
identified below, and shall be effective as of March __, 2015 (the “Effective Date”). This
Agreement is a binding contract, the terms of which are delineated below.
1.

2.

PARTIES
1.1

Kerr-McGee Gathering LLC (“Kerr-McGee”);

1.2

City of Longmont, Colorado (“The City”);

1.3

Kerr-McGee and The City may be collectively referred to herein as the “Parties.”

DEFINITIONS
2.1

The “Litigation” means the lawsuit styled Kerr-McGee Gathering LLC v. City of

Longmont, Colorado, Case No. 2014CV30895, pending in the Weld County District Court, Weld
County, Colorado.
2.2

“Claim” or “Claims” mean any claims, counterclaims, and all theories of

recovery of whatever nature, whether presently known or unknown, recognized by the law of any
jurisdiction, including but not limited to actions, causes of action, demands, liabilities, suits,
administrative proceedings, payments, charges, obligations, and judgments, whether arising by
statute, in express or implied contract or in tort, at law or in equity, or under any theory of
liability that were or could have been asserted in the Litigation.
2.3

“Agreement” means this Settlement Agreement, including any and all exhibits,

assignments, contracts, and all other documents necessary to consummate this settlement.
2.4

“Grant” means the November 5, 1984 Right-of-Way Grant that affects a portion

of the Southeast Quarter of Section 29, Township 3 North, Range 68 West, 6th P.M. in Weld
County, Colorado, to which Kerr-McGee and The City are successor parties. A copy of the

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Grant is attached as Exhibit A to Kerr-McGee’s complaint in the Litigation and is recorded at
Reception 01988629 of the records of the Clerk and Recorder of Weld County, Colorado.
2.5

“Infrastructure Permit” means the permit granted by The City concurrently with

this Agreement, under section 13.04.300 of the Longmont Municipal Code, in response to KerrMcGee’s January 30, 2015 Infrastructure Permit Application.

The Infrastructure Permit is

attached as Exhibit 3 hereto.
3.

RECITALS
3.1

As the result of a dispute between the Parties concerning the Grant, Kerr-McGee

commenced the Litigation by filing its complaint against The City in the District Court of Weld
County, Colorado on September 22, 2014.

Kerr-McGee’s complaint sought a declaratory

judgment that it was entitled to use the Grant according to its terms and to quiet title to the Grant
on that basis.
3.2

On November 14, 2014, The City filed its answer in the Litigation, specifically

denying all of Kerr-McGee’s claims, and alleging counterclaims against Kerr-McGee for a
declaration by the Court that the Grant had terminated and that The City would be entitled to
compensation for any further use of the Grant.
3.3

On December 5, 2014, Kerr-McGee filed its reply to The City’s counterclaims,

specifically denying that the City was entitled to any relief under them.
3.4

The Parties have now settled all of their disputes concerning, arising out of, or

relating to the Litigation and the Grant on the terms described in this Agreement.
IN CONSIDERATION of the provisions contained in this Agreement, and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows:

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4.

SETTLEMENT TERMS AND CONDITIONS
In reliance upon the representations, warranties, payments, and covenants in this

Agreement, the Parties have settled and compromised all of their Claims, and agree and covenant
to the following:
4.1

Through this Agreement Kerr-McGee and The City intend to finally and fully

resolve and settle all of their Claims.
4.2

The Grant was established in 1984.

Kerr-McGee is the successor to the

Panhandle Eastern Pipe Line Company, the original Grantee, and The City is the successor to
James P. Hartman, the original Grantor and owner of the affected property. The Grant has no
termination date, but can expire pursuant to its own terms. Kerr-McGee’s continued use of the
Grant is subject to the terms of the Grant, this Agreement, and the Infrastructure Permit, which is
currently limited by the City charter to a 20-year term.

This ongoing requirement that Kerr-

McGee have an infrastructure permit as a prerequisite for the operation of the Grant shall survive
any termination of this Agreement, and cannot be avoided, cancelled, rescinded, discharged, or
otherwise voided or left unperformed for any reason. At the expiration of 20 years from the date
of the Infrastructure Permit, and thereafter at the expirations of any renewed permits, KerrMcGee may request that The City renew the Infrastructure Permit. This request shall be made
within a reasonable time, but in any case no less than six months prior to the expiration of the
Infrastructure Permit, and shall include an offer of fair market value compensation for the
additional term of access to the property affected by the Grant. At that time, The City shall
review Kerr-McGee’s compliance with the terms and conditions of the Grant, this Agreement,
and the Infrastructure Permit.

Unless Kerr-McGee has materially breached the terms and

conditions of the Grant during the term of the existing permit, or has materially breached this

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Agreement or the Infrastructure Permit, the Infrastructure Permit shall be renewed, provided that
the Parties have agreed to the fair market value compensation. Any renewal shall be subject to
and consistent with the City charter and Code then in effect, including provisions affecting the
period and conditions for an Infrastructure Permit; provided, however, that the Infrastructure
Permit shall be renewed for the maximum period allowed by the City charter and Code
applicable at that time if less than or equal to 20 years. The City does not bind itself to renew the
Infrastructure Permit, but shall comply with the terms of this Agreement and shall not otherwise
unreasonably refuse to renew the Infrastructure Permit.
4.3

The renewal shall be subject to the terms and conditions of the Grant, except as

modified or amended by this Agreement and the Infrastructure Permit. The Infrastructure Permit
shall incorporate the terms of the Grant, which provides for a right-of-way no more than fifty
(50) feet wide containing no more than three (3) pipelines. Any future infrastructure permit shall
incorporate all terms in the Infrastructure Permit that limit or condition the operation of the
Grant. In the event of a conflict between this Agreement and either the Grant or an Infrastructure
Permit, the terms of this Agreement shall control.
4.4

Within ten (10) business days following Kerr-McGee’s receipt of The City’s

signed approval of the Infrastructure Permit, Kerr-McGee shall pay The City the amount
described in Section 4.6 of this Agreement, and the Parties shall sign and cause to be filed a
“Joint Motion to Voluntarily Dismiss Plaintiff Kerr-McGee Gathering LLC’s Claims and
Defendant City of Longmont, Colorado Counterclaims” in a form substantially similar to that
attached hereto as Exhibit 1.

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4.5

Promptly after the documents described in Section 4.4 herein have been signed,

the Parties shall record a “Memorandum of Agreement” in the form attached hereto as Exhibit 2
in the records of the Clerk and Recorder of Weld County, Colorado.
4.6

Within ten (10) business days following Kerr-McGee’s receipt of The City’s

approval of the Infrastructure Permit, Kerr-McGee shall pay a total of $142,530.33 to The City,
calculated as follows:
a.

$43,245.30 for the total length of the pipelines on City property (1,441.51
feet x three pipelines x $10/lineal foot = $43,245.30). The amount paid to
The City for the length of the pipelines shall be adjusted based on the “as
installed” length of the pipelines;

b.

$66,185.03 for 1.655 acres used for the initial twenty (20) year period of
the Infrastructure Permit (1.655 acres x $40,000.00/acre = $66,185.03;

c.

$16,600.00 for a temporary construction easement (0.83 acres x
$20,000.00/acre = $16,600.00);

d.

$16,500.00 for removal and replacement of the cottonwood trees within
the 50-foot right-of-way identified in the Infrastructure Permit (110 caliper
inches = $16,500.00). The City must approve the removal of other trees
by Kerr-McGee, which shall be compensated on the same basis. This
payment satisfies Chapter 13.24 of the Longmont Municipal Code.

Kerr-McGee’s payment to The City pursuant to this Section 4.6 is a compromise amount
made for the purpose of setting the Litigation and resolving the Parties’ Claims. The Parties
agree that the amount of this payment shall have no bearing on what is considered fair market
value compensation for any future renewals of the Infrastructure Permit.

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4.7

Any dispute arising under this Agreement relating solely to the fair market value

of any additional term during which Kerr-McGee is allowed access to and use of the property
affected by the Grant (“Arbitrable Dispute”) shall be referred to and resolved by binding
arbitration in Denver, Colorado by one arbitrator, in accordance with the rules and procedures of
the Judicial Arbiter Group (“JAG”). Other disputes will be arbitrated only if the parties agree to
do so in a separate writing. If there is any inconsistency between this provision and any statutes
or rules, this provision shall control. Arbitration shall be initiated within the applicable time
limits set forth in this section and not thereafter or, if no time limit is given, within the time
period allowed by the applicable statute of limitations, by one party (“Claimant”) giving written
notice to the other party (“Respondent”) and to JAG, that the Claimant elects to refer the
Arbitrable Dispute to arbitration. The parties shall jointly choose the arbitrator, but if they
cannot agree on an arbitrator within thirty (30) days after the Claimant’s notice to the
Respondent, such arbitrator shall be appointed by JAG. Claimant and Respondent shall bear
their own attorneys’ fees and costs and shall each pay one-half of the compensation and expenses
of the arbitrator. The arbitrator must be a neutral party who has never been an officer, director,
contractor, employee or agent of the Parties or any of their affiliates, must have not less than ten
(10) years’ experience practicing law relating to oil and gas or land appraisal, and must have a
formal legal education in his or her area of expertise. The Parties shall have limited rights of
discovery as determined by agreement of the Parties or the arbitrator. Time shall be of the
essence, and the hearing shall be commenced within thirty (30) days after the selection of the
arbitrator. The Parties and the arbitrator shall proceed diligently and in good faith in order that
the arbitral decision shall be made as promptly as possible, but no later than forty-five (45) days
following the close of any hearing. The interpretation, construction and effect of this agreement

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to arbitrate shall be governed by the Laws of Colorado. In all arbitration proceedings the Laws
of Colorado shall be applied, without regard to any conflicts of law or principles thereof. All
statutes of limitation and of repose that would otherwise be applicable shall apply to any
arbitration proceeding. The arbitrator shall not have the authority to grant or award damages.
His or her sole role shall be to determine the fair market value of any additional term during
which Kerr-McGee is allowed access to and use of the property affected by the Grant. The fair
market value shall not be reduced due to the fact that the pipelines and related equipment may
have already been installed on the affected property.
4.8

The pipelines allowed by the Infrastructure Permit will transport only oil, gas,

associated hydrocarbons, and water. Kerr-McGee agrees to allow The City or its agents, lessees,
or other designees to transport any oil, gas, associated hydrocarbons, and water from minerals or
property owned by The City in Kerr-McGee’s pipeline system on commercially reasonable
terms, and in exchange for fair market value compensation for the use of its pipeline system.
4.9

Kerr-McGee shall provide The City with information describing its current

guidelines for the installation, operation, maintenance, inspection, testing and upgrades to or
repairs of its pipeline system, and its current health, safety and environmental guidelines for the
pipeline system. Kerr-McGee agrees to follow such guidelines, and it shall provide a copy of all
inspection, testing and maintenance reports for the pipelines covered by the Infrastructure Permit
to The City upon request.
4.10

Kerr-McGee shall immediately notify The City in the event of any threatened or

actual leak, rupture, or failure of any kind within the pipelines or the areas covered by the
Infrastructure Permit and shall immediately shut down and repair any pipeline that has ruptured,
failed, is leaking, or where rupture, failure or leakage is imminent. Kerr-McGee shall commence

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clean-up operations within twenty-four (24) hours after it becomes aware of any pipeline leak,
rupture or other pollution created by its operations, and shall complete said cleanup to achieve
actual or substantially pre-contamination conditions, and in conformity with all federal, state,
and local contamination standards with diligence and without unreasonable interruption.
4.11

Kerr-McGee agrees to notify The City in writing at the address shown below at

least ten (10) days prior to any hearing concerning the pipelines approved in the Infrastructure
Permit or Kerr-McGee’s uses under the Infrastructure Permit before the Colorado Public Utilities
Commission or any other agency, board or authority with jurisdiction over such matters.
4.12

All of Kerr-McGee’s operations, obligations and uses under the Grant, this

Agreement, and the Infrastructure Permit, whether express or implied, shall be subject to all
applicable and valid laws, rules, regulations, and orders of The City and any other governmental
authority having jurisdiction. Kerr-McGee also agrees to comply with all valid and applicable
city, local, state, and federal laws and regulations governing its operations.
4.13

Kerr-McGee shall not have the right to construct, maintain, or operate any facility

other than those allowed by the Grant, this Agreement, or the Infrastructure Permit.
4.14

Kerr-McGee shall be responsible for and shall indemnify and hold The City

harmless from any losses, claims, damages, demands, suits, causes of action, fines, penalties,
expenses and liabilities, including without limitation attorneys’ fees and other costs associated
therewith, caused by or resulting from Kerr-McGee’s ownership, operations, or activities under
the Grant, this Agreement, and the Infrastructure Permit, no matter when or by whom asserted
(collectively referred to as “Claims”). Kerr-McGee shall defend, indemnify, and hold The City,
its City Council and City Council members, and The City’s officers, employees, agents,
contractors, attorneys, managers, and directors harmless from all Claims. Kerr-McGee shall also

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indemnify and hold The City harmless for any Claims asserted by governmental bodies or other
third parties for pollution or environmental damage of any kind, caused by or resulting from
Kerr-McGee’s ownership, operations, or activities under the Grant, this Agreement, and the
Infrastructure Permit, and for all clean-up and remediation costs, fines and penalties associated
therewith, including but not limited to any claims arising from Environmental Laws or relating to
asbestos or naturally occurring radioactive material. “Environmental Laws” shall mean any
laws, regulations, rules, ordinances, or order of any governmental authorities, with respect to
pollution or the protection of the environment, including but not limited to the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C.
§§9601 et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§6109 et
seq.), the Clean Water Act (33 U.S.C. §§466 et seq.), the Safe Drinking Water Act (14 U.S.C.
§§1401-1450), the Hazardous Material Transportation Act (49 U.S.C. §§1801 et seq.), the Clean
Air Act and the Toxic Substances Control Act (15 U.S.C. §§2601 et seq.), or other similar laws.
4.15

There shall be no above-ground equipment or appurtenances within the

Infrastructure Permit area after installation of the pipelines, except those provided for therein or
to which The City grants consent in writing prior to their installation.
4.16

Kerr-McGee shall provide no less than thirty (30) days advanced written notice of

any work that would affect the surface of the lands that are subject to the Grant and the
Infrastructure Permit. Kerr-McGee shall create only the minimum amount of surface disturbance
necessary for the construction of facilities allowed by the Grant and the Infrastructure Permit.
Topsoil shall be conserved during excavation, stockpiled, and reused as cover on disturbed areas
to facilitate regrowth of vegetation. Kerr-McGee shall promptly reclaim, reseed, and replant any
disturbed areas to The City’s reasonable satisfaction and in compliance with all City regulations,

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using vegetation similar to the vegetation on contiguous lands unless otherwise directed by The
City. Kerr-McGee agrees to use its best efforts to complete the installation of any pipelines and
other facilities allowed by the Grant and the Infrastructure Permit, and to reclaim the surface of
any disturbed lands, by June __, 2015. Kerr-McGee shall provide a reclamation bond in a form
and amount acceptable to The City to assure that all required reclamation is completed.
4.17

Kerr-McGee and its contractors and agents shall access the area covered by the

Infrastructure Permit only from Weld County Road 5, and shall obtain any ditch crossing
approvals needed and provide copies of all such approvals to The City.
4.18

Kerr-McGee will schedule and perform construction and maintenance to

minimize crop loss to The City and its tenants and agents. Kerr-McGee shall pay reasonable
damages for crop loss on account of its operations to The City for a period of at least two (2)
years after the completion of any construction or maintenance, and for a longer period if
disturbed crops are not fully restored during those two years.
4.19

The Parties shall, from time to time and upon reasonable request, execute,

acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such
instruments, and take such other action, as may be necessary or advisable, to carry out their
respective obligations and effectuate the transaction contemplated by this agreement.
4.20

The Director or General Manager of The City’s Public Works and Natural

Resources Department may require Kerr-McGee to remove or relocate its pipelines approved in
the Infrastructure Permit at Kerr-McGee’s expense upon 90 days’ written notice, for the
following purposes:
a.

Change in street grade;

b.

Relocation or vacation of the street;
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c.

To improve, repair, construct, reconstruct or maintain the street or utilities;

d.

Installation, removal or relocation of utilities or other public apparatus;

e.

Burial of above ground utilities or public apparatus; or

f.

Public health or safety concerns.

4.21

In case of an emergency, the Director or General Manager of The City’s Public

Works and Natural Resources Department may require Kerr-McGee, at Kerr-McGee’s expense,
to relocate the infrastructure without providing advance written notice.
4.22

Kerr-McGee shall, at its expense, remove or relocate the infrastructure within a

reasonable time from the date of notification, but no later than three working days before The
City intends to commence its work. In case of emergencies, Kerr-McGee shall, at its expense,
immediately remove or relocate the infrastructure as the Director or General Manager of The
City’s Public Works and Natural Resources Department may require. If Kerr-McGee fails to
remove or relocate the infrastructure, the city may perform such work at Kerr-McGee’s expense.
Kerr-McGee shall then reimburse the city for all expenses within 30 days after receipt of a
written invoice.
4.23

Under the circumstances described in the foregoing Sections 4.20 through 4.22,

the Director or General Manager of The City’s Public Works and Natural Resources Department
may only require that Kerr-McGee relocate the pipelines permitted under the Infrastructure
Permit to a different depth or to a different location within the property affected by the Grant,
and may not require Kerr-McGee to relocate the pipelines to another property entirely.

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5.

RELEASES AND COVENANTS NOT TO SUE
5.1

Kerr-McGee hereby releases The City and its City Council and all City Council

Members, and all City employees, managers, representatives, agents, attorneys, consultants,
successors and assigns from each and all Claims, whether known or unknown, and whether
foreseen or unforeseen, which Kerr-McGee has ever had, or now has, against The City and The
City’s Council and all City Council Members, and all City employees, managers, representatives,
agents, attorneys, consultants, successors and assigns, arising from or related to the events and
transactions that are the subject matter of the Litigation.
5.2

The City hereby releases Kerr-McGee, as well as any of Kerr-McGee’s respective

officers, directors, trustees, shareholders, partners, subsidiaries, affiliates, employees,
representatives, agents, attorneys, consultants, successors and assigns from each and all Claims,
whether known or unknown, and whether foreseen or unforeseen, which The City has ever had,
or now has, against Kerr-McGee, or any of Kerr-McGee’s respective officers, directors, trustees,
shareholders, partners, subsidiaries, affiliates, employees, representatives, agents, attorneys,
consultants, successors and assigns, arising from or related to the events and transactions that are
the subject matter of the Litigation.
5.3

Each Party hereby covenants and agrees not to sue the other Party with respect to

any Claim released in this Agreement. Notwithstanding the foregoing sentence, the Parties may
sue to enforce the terms of this Agreement.
5.4

Kerr-McGee shall comply with all requirements of the Infrastructure Permit as

well as any valid provisions of the Longmont Municipal Code that may apply to Kerr-McGee’s
operations under the Infrastructure Permit. Upon completion of the activities authorized by the
Infrastructure Permit, Kerr-McGee shall provide The City with an “as built” schematic of the

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installed pipelines and final configuration of the Infrastructure Permit. Upon build out of any
pipeline or related facility, Kerr-McGee shall provide physical location markers for all such
pipelines and facilities. The original Infrastructure Permit shall be retained by The City and a
copy shall be provided to Kerr-McGee.
6.

CONSIDERATION ACKNOWLEDGED
6.1

The Parties acknowledge that the provisions of this Agreement provide mutually

sufficient consideration for any and all rights, duties, or obligations created in the provisions of
this Agreement. The Parties released under this Agreement do not admit liability of any sort, and
the Parties have made no agreement or promise to do any act or thing not set forth in this
Agreement. The Parties understand that this Agreement is made as a compromise to avoid the
expense and uncertainty of litigation, and to terminate all controversies and claims for injuries,
damages, costs, or losses because of any cause of action that could have been asserted by either
Party against the other.
7.

REPRESENTATIONS AND WARRANTIES
7.1

The Parties represent that they have carefully read and fully understand this

Agreement, that they now execute this Agreement voluntarily and with understanding of its force
and effect, and that they execute this Agreement without reliance upon custom, course of
dealing, or other agreements with each other or with third parties.
7.2

The Parties further represent that they have had an opportunity and have the

means to have had this Agreement reviewed by legal counsel of their own choosing, and that
they have in fact had their respective legal counsel review the Agreement on their behalf.
7.3

The Parties further represent that they have not assigned, conveyed, or

encumbered in any way, or agreed to assign, convey, or encumber in any way, any of their

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interest in the Grant, this Agreement, the Infrastructure Permit or in any of the Claims released
herein, or any of the interests being conveyed under the terms of the Agreement.
7.4

Each Party represents that it has obtained any consent, approval, authorization, or

order of any court, governmental authority, person, or entity that is required for the execution,
delivery, and performance of this Agreement.
7.5

Each Party represents that it has the power and authority to enter into this

Agreement, that all documents delivered pursuant to same, to which it is a party, are valid,
binding, and enforceable upon it, and that the person or entity acting on behalf of the Party in
executing this Agreement has the authority to do so.
8.

AGREEMENT BINDING ON PARTIES AND SUCCESSORS AND ASSIGNS
8.1

This Agreement shall be binding upon and shall inure to the benefit of the Parties

and their past and present affiliated companies, parent companies, parent corporations, sister
companies, sister corporations, subsidiaries, shareholders, partners, owners, past and present
attorneys, officers, directors, employees, agents, consultants, representatives, successors, heirs,
and assigns.
9.

ENTIRE AGREEMENT
9.1

This Agreement represents the entire agreement between the Parties with respect

to the matters referred to herein, and supersedes all prior agreements, negotiations, or statements
with respect to the matters referred to herein, and shall not be modified or affected by any offer,
proposal, statement, or representation, either oral or written, heretofore made by or for either
Party in connection with the negotiation of the terms hereof. This Agreement may not be
modified except in writing executed by both Parties.

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9.2

If any provision of this Agreement is held by a court of competent jurisdiction to

be invalid, void, or unenforceable, the remaining provisions shall nevertheless survive and
continue in full force and effect without being impaired or invalidated in any way.
10.

EVENT OF BREACH
10.1

Any Party who asserts that this Agreement has been violated or breached shall

inform the other Party of the specifics of any breach, after which the non-notifying Party shall
have thirty (30) days to remedy the alleged breach or violation.
10.2

In any action for breach or termination of this Agreement, or to otherwise enforce

any provision of this Agreement, the prevailing Party shall be entitled to its reasonable and
necessary attorneys’ fees.
10.3

The City may revoke the Infrastructure Permit for any material breach of this

Agreement by Kerr-McGee.
11.

GOVERNING LAW
11.1

This Agreement shall be governed by and construed in accordance with the laws

of the State of Colorado, irrespective of Colorado’s choice of law provisions. Any litigation
arising out of or relating to this Agreement shall be brought and maintained exclusively in the
courts of Weld County, Colorado.
12.

ADDRESSES OF THE PARTIES
12.1

All notices or communications concerning or required by this Agreement shall be

sent to:
City of Longmont
408 Third Avenue
Longmont, CO 80501
and

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Longmont City Attorney
408 Third Avenue
Longmont, CO 80501

Kerr-McGee Gathering LLC
1099 18th Street, Suite #1800
Denver, CO 80202-1918
Attention: Midstream Surface Land Department
and
Kerr-McGee Gathering LLC
1201 Lake Robbins Drive
The Woodlands, TX 77380
Attention: Office of General Counsel
13.

COUNTERPARTS
13.1

This Agreement may be executed in any number of identical counterparts, each of

which shall be deemed an original for all purposes, and all of which shall constitute, collectively,
one agreement.

For purposes of execution, facsimile signatures and signatures otherwise

transmitted by electronic means shall constitute original signatures.

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IN WITNESS WHEREOF, the Parties have signed and acknowledged this Agreement
below:
KERR-McGEE GATHERING LLC

CITY OF LONGMONT, COLORADO

A Colorado Limited Liability Company
By:

By:

Name:

Name: Harold Dominquez

Title:

Title: Longmont City Manager

Date:

Date:

By:
Name: Eugene Mei
Title: Longmont City Attorney
Date:

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Exhibit 1

DISTRICT COURT, WELD COUNTY,
COLORADO
901-9th Avenue
Greeley, Colorado 80631
___________________________________________
Plaintiff:

KERR-MCGEE GATHERING LLC,
a Colorado limited liability company

Defendant:

CITY OF LONGMONT,
COLORADO.
___________________________________________
Eugene Mei, Esq. City Attorney
Attorney Reg. No.: 33442
E-Mail:
[email protected]
Daniel E. Kramer, Assistant City Attorney
Attorney Reg. No.: 43752
E-Mail:
[email protected]
City of Longmont
Civic Center Complex
408 3rd Avenue
Longmont, CO 80501
Telephone:
303-651-8616
Facsimile:
303-651-8914

▲ COURT USE ONLY ▲
______________________________

Case No.:

2014 CV 30895

Division:

5

Phillip D. Barber, Esq.
1675 Larimer Street, Ste. 620
Denver, Colorado 80202
Telephone: (303) 894-0880
Facsimile: (720) 904-5755
E-mail: [email protected]
Attorney Reg. No.: 9623
JOINT MOTION TO VOLUNTARILY DISMISS PLAINTIFF KERR-MCGEE
GATHERING LLC’S CLAIMS AND DEFENDANT CITY OF LONGMONT,
COLORADO’S COUNTERCLAIMS

Plaintiff Kerr McGee Gathering LLC (“Kerr-McGee”) and Defendant City of Longmont,
Colorado (“City of Longmont”) have entered into an agreement settling and compromising KerrMcGee’s claims against the City of Longmont and the City of Longmont’s claims against KerrMcGee. The parties therefore file this Joint Motion and ask this Court to dismiss Kerr-McGee’s
claims against the City of Longmont with prejudice pursuant to Colo. R. Civ. P. 41(a)(2), and to
dismiss the City of Longmont’s counterclaims against Kerr-McGee with prejudice pursuant to
Colo. R. Civ. P. 41(a)(2). The parties respectfully request that this Court enter an Order in the
form attached hereto, and dismiss all claims and counterclaims asserted in this case with prejudice.
Each party shall bear its own costs and attorneys’ fees.
DATED this _____ day of March, 2015.
Respectfully submitted,
KERR-MCGEE GATHERING LLC
DAVIS GRAHAM & STUBBS LLP

/s/ Jonathan W. Rauchway
Jonathan W. Rauchway, No. 34,786

ATTORNEYS FOR THE PLAINTIFF
CITY OF LONGMONT, COLORADO
Eugene Mei
City Attorney
Daniel E. Kramer
Assistant City Attorney
PHILLIP D. BARBER, P.C.

By:

_____________________________
Phillip D. Barber
ATTORNEYS FOR THE DEFENDANT

This document was filed electronically pursuant to C.R.C.P. §1-26. The original signed document
is on file at the offices of Phillip D. Barber, P.C.

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing JOINT MOTION
TO VOLUNTARILY DISMISS PLAINTIFF KERR-MCGEE GATHERING LLC’S
CLAIMS AND DEFENDANT CITY OF LONGMONT, COLORADO’S
COUNTERCLAIMS, was served this _____ day of March, 2015, by ICCES File and Serve on
the following:
Michael J. Gallagher, Esq.
Jonathan W. Rauchway, Esq.
John M. Bowlin, Esq.
Davis Graham & Stubbs, LLP
1550-17th Street, Ste. 500
Denver, CO 80202
______________________________________

DISTRICT COURT, WELD COUNTY,
COLORADO
901-9th Avenue
Greeley, Colorado 80631
___________________________________________
Plaintiff:

KERR-MCGEE GATHERING
LLC, a Colorado limited liability
company

CITY OF LONGMONT,
COLORADO.
___________________________________________

▲ COURT USE ONLY ▲
______________________________

Defendant:

Eugene Mei, Esq. City Attorney
Attorney Reg. No.: 33442
E-Mail:
[email protected]
Daniel E. Kramer, Assistant City Attorney
Attorney Reg. No.: 43752
E-Mail:
[email protected]
City of Longmont
Civic Center Complex
408 3rd Avenue
Longmont, CO 80501
Telephone: 303-651-8616
Facsimile:
303-651-8914

Case No.:

2014 CV 30895

Division:

5

Phillip D. Barber, Esq.
1675 Larimer Street, Ste. 620
Denver, Colorado 80202
Telephone: (303) 894-0880
Facsimile: (720) 904-5755
E-mail: [email protected]
Attorney Reg. No.: 9623
ORDER GRANTING JOINT MOTION TO VOLUNTARILY DISMISS ALL CLAIMS
OF PLAINTIFF KERR-MCGEE GATHERING LLC
AND DEFENDANT CITY OF LONGMONT, COLORADO

The Court, having considered the Joint Motion to Voluntarily Dismiss Plaintiff KerrMcGee Gathering LLC’s Claims and Defendant City of Longmont, Colorado, Counterclaims, is of
the opinion that such motion should be GRANTED.
It is therefore ORDERED that this action, including all claims and counterclaims, is
DISMISSED with prejudice, and each party shall bear its own costs and attorneys’ fees.
DATED this _____ day of March, 2015.
_______________________________________
DISTRICT COURT JUDGE

Exhibit 2

MEMORANDUM OF SETTLEMENT AGREEMENT
1.

This Memorandum of Settlement Agreement (hereinafter called “Memorandum”) shall be
effective commencing March__, 2015, and is by and between Kerr-McGee Gathering LLC
(“Kerr-McGee”) and the City of Longmont, Colorado (“The City”). Kerr-McGee and The
City are collectively referred to herein as the “Parties.”

2.

The Parties have entered into a Settlement Agreement providing for the resolution of their
dispute and for the continuation of that certain November 5, 1984 Right-of-Way Grant that
is recorded at Reception 01988629 of the records of the Clerk and Recorder of Weld
County, Colorado, which affects a portion of the Southeast Quarter of Section 29, Township
3 North, Range 68 West, 6th P.M., Weld County, Colorado (“Grant”). The Parties have
agreed that use of the Grant may continue for an initial period of twenty (20) years from
__________, in accordance with and subject to the terms of the Grant, the Settlement
Agreement, and Kerr-McGee’s Infrastructure Permit on file with The City.

3.

Among other things, the Settlement Agreement provides terms and conditions relating to
continuation and termination of the use of the rights conferred by the Grant. Should any
person or firm desire additional information regarding the Settlement Agreement or wish to
inspect a copy of the Settlement Agreement, said person or firm should contact The City.

4.

In the event of termination or expiration of the Grant, the Settlement Agreement, or the
Infrastructure Permit, The City shall file of record a release and termination on behalf of all
parties concerned.

5.

It is understood and agreed by the Parties that if any part, term, or provision of this
Memorandum is held by a court exercising valid jurisdiction to be illegal or in conflict with
any law of the State of Colorado, the validity of the remaining portions or provisions shall
not be affected, and the rights and obligations of the Parties shall be construed and enforced
as if the Memorandum did not contain the particular part, term, or provision held to be
invalid.

6.

This Memorandum shall be binding upon and shall inure to the benefit of the Parties and to
their respective heirs, devisees, legal representatives, successors, and assigns. The failure of
one or more persons owning an interest in the Grant to execute this Memorandum shall not
1

in any manner affect the validity of the Memorandum as to those persons who have executed
this Memorandum.
7.

A party having an interest in the Grant can ratify this Memorandum by execution and
delivery of an instrument of ratification, adopting and entering into this Memorandum, and
such ratification shall have the same effect as if the ratifying party had executed this
Memorandum or a counterpart thereof. By execution or ratification of this Memorandum,
such party hereby consents to its ratification and adoption by any party who may have or
may acquire any interest in the Grant.

8.

This Memorandum may be executed or ratified in one or more counterparts and all of the
executed or ratified counterparts shall together constitute one instrument. For purposes of
recording, only one copy of this Memorandum with individual signature pages attached
thereto needs to be filed of record.
CITY OF LONGMONT, COLORADO
By:______________________________
Name:____________________________
Title:_____________________________

KERR-McGEE GATHERING LLC
By:_______________________________
Name:_____________________________
Title:______________________________

2

STATE OF COLORADO
City and County of Denver

)
)
)

Subscribed and sworn to before me this _____ day of March, 2015, by
______________________, ______________________ of the City of Longmont, Colorado.
_______________________________
Notary Public
My commission expires: _______________

STATE OF COLORADO
City and County of Denver

)
)
)

Subscribed and sworn to before me this _____ day of March, 2015, by
______________________, ______________________ of Kerr-McGee Gathering LLC.
_______________________________
Notary Public
My commission expires: _______________

3

Exhibit 3
Public Works & Water Utilities
Transportation Engineering and Construction Inspection

408 Third Avenue
Longmont, CO 80501
(303) 651-8304 · Fax (303) 651-8696 · http://www.ci.longmont.co.us

INFRASTRUCTURE PERMIT
APPLICATION NO. 15-15

Term Restriction:
This permit will expire twenty years from the date of issuance. The applicant must reapply to the City of
Longmont for a right to use the public right of way beyond this date.
(City Charter- Section 12.4)

Applicant Infonnation:

Name of Applicant:

Kerr-McGee Gathering LLC

Name of Contact:

Trevor Payne

Business Address:

1099 18th Street, Suite 1800
Denver, CO. 80202

Business Phone:

Direct: (720) 929-644

Relation to Other Documents

This Infrastructure Permit is granted concurrently with the execution of the Settlement Agreement
between the City of Longmont and the Applicant (''Settlement Agreement'') and is subject to its terms.
This Infrastructure Permit hereby incorporates the terms of the Right-of-Way Grant, to which the City and
the Applicant are successor parties, and which is recorded at Reception No. 01988629 of the records of the
Clerk and Recorder of Weld County, Colorado (''Grant''). Specifically, the right-of-way on which
infrastructure is permitted shall not exceed fifty feet in width and shall contain no more than three
pipelines total.
Any future infrastructure permit shall be subject to the terms of the Settlement Agreement, and shall
incorporate all terms herein that limit or condition the operation of the Grant.
The City may revoke this Infrastructure Permit for any material breach of the Settlement Agreement by the
Applicant.
Location of Improvements

City of Longmont Lot B AMD RE-459 (Crossing of Weld County Road 5)
SE

1/4

of Section 29, T3N-R68W 6TH PM, Weld County, Colorado

Description of Improvements

Installation of a 20" HOPE water pipeline, 20" steel gas pipeline and 12" steel oil pipeline

Permit Requirements:

The owner and contractor shall comply with all laws, regulations, codes and ordinances applicable to the
current City of Longmont Design Standards and Construction Specifications. General requirements as listed
under section 100, specifically sub-section 112.00 Trench Backfill & Compaction requirements (see
attached). In addition to requirements listed in section 100, the applicant will have on site and available
additional top soil to backfill any trench settlement that may occur over the warranty period.
Reseeding restoration within construction I easement areas (see attached native seed mix)
Required Documents to be submitted with Application:

Construction Plan:
•
•
•
•

•
•
•
•

Plans approved with the following conditions
A "Work in the R-0-W permit and traffic control plan is required prior to start of work
including any pothole locations.
Work notification to area residents and businesses shall be in place 48 hours prior to
start of work.
Unless otherwise approved, all proposed utility installations must maintain a minimum
horizontal clearance of 5 feet and a minimum vertical clearance of 18" inches from the
existing water mains, sanitary sewer mains and manholes.
Veritv vertical depth of the existing utilities. water mains and sewer mains
with pothole detection.
See any additional attachments included within City of Longmont R-0-W permit.
Traffic control plans must be provided to indicate all levels of construction including
pothole locations within the street right-of-way.
Repair any disturbed landscaping.
All work in the right-of-way shall be in accordance with City of Longmont Municipal Code
13.04 "Work in City Property", including section 13.04.300 "Infrastructure Permit" and in
accordance with the City of Longmont Public Improvement Design Standards and
Construction Specifications.

Utility Locates: Utility locates to be performed through:
Utility Notification Center
City of Longmont Water/Wastewater
City of Longmont Storm Drainage

1-800-922-1987
(303) 651-8468
(303) 651-8416

Insurance Reauirements: Certificate of Liability of Insurance, listing the City of Longmont as additionally
insured.
Work In Right of War Permit Required For Construction: Contractor must obtain a Work in the
Right of Way Permit prior to start of construction. Permit fees will be charged in accordance
with City of Longmont Municipal Code chapter 13.04.

13.37.180 Penalty-Civil remedy.
A. The court shall fine any person violating this chapter by conducting an unauthorized
activity or use upon public property without a required permit, or otherwise in violation of this
chapter, up to five hundred dollars.
B. The city attorney may also seek any appropriate remedy for damages or equitable relief to
secure compliance with this chapter and to preserve the municipal interest in public property.
(Ord. 0-94-61 § 9 (part): amended during 1993 recodification; Ore/. 0-86-59 § 1

12.4. - Term, compensation, restriction.
No franchise, lease, or right to use the streets, or the public places or property of the city,
shall be granted for longer than 20 years. Every grant of a franchise shall fix the amount and
manner of payment of the compensation to be paid by the grantee for the use of the same,
and no other compensation of any kind shall be exacted for such use during the life of the
franchise. This provision shall not exempt the grantee from any lawful taxation upon his or its
property, nor from any license, charges, or other impositions levied by the council, not levied
on account of the use granted by the franchise.
Infrastructure Permit fees:

Total $ ____,T-=8=-D-

I

APPUCANT:

PERMIT APPROVED:

Nick Wolfrum - City Engineer

DATE:

P.O.B.

~I--

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------ - -----

• Al.UII. CAP

SW1/4 SECTION 28
T3N R68W 6TH PM

PI.S 18982
SURVEY TIE TO P.O.B.
s 89'10'54" w114.04')

L1

CITY OF LONGMONT
LOT 8 AMD RE -459

60' R.O.W.

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SE1/4 SECTION 29
T3N R68W 6TH PM

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N

CENTERUNE RIGHT OF WAY

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COI/SUlUCUON NOTfS·
I) PIPWNES CROSSII/C Tilt Wfl.D CCUifTY ROAD 5 R.O.If.
(SHOWN HfREON I<S CCNTfRUNC 'LJ') AI4Y Bf CONSTilUCTfD
USING DIRCGnONAL DRILl/BORING INSTALLATION IIUHODS. ALL
Ol'HER CONsrRUC110N WIU BE OPfN rRfNCH CONSrRUCTION.
2) TOPSOIL WIU BE RCIIOVCD TO A DEPI'H OF 8' AND srocKPILCD
ON SITE: DURING CONsrRUCTION. TOPSOIL WIU Sf REPLACED
AFTfR CONSrRUCTION AND AR£AS OUTSIDf OF AGRICULTURAL
PRODUCTION AREAS 11'/U. Bf RESE:fOCD ACCOROINC TO
APPLICABLE RCGULATIONS.

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RtGtU Of WAY UN£ TABLE

LI=S 45'11'09" £
L2=5 00'11'09" £
LJ=N 89'00'55" £

BJ.52'
IJ02.99'
55.00'

roTAL. CfN1fRUNf LENGlH: 144 I.51 FT

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LOT UNE

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2Sl28
32133
2" AUJII. CAP
PLS IU.£G1BI.£
(SURVEY TIE TO P.O.T.
N 00'11'13" W 1289.06')

--- --

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200'

400'

be-n-.

of llf.ililin ond fOifign pipelines ..,. doltmliled from wisible Slltfoce Mlena.
locoliotls if s1>oorn moy not be O<CVIDir
01/ocr ufi;lies moy aisl ond 0111 to be 6dd -ed by olhets priM to ezcowliM
2.) lltisdoa.met!! is nolo land"""'7plot "'~ """'7plot. ~is nol to
f(J( the . . , _ , of ""1 land
IJcN.rldoty,-. fenoe, ~ tK olhet fulllte ~ inls.
~) M cftoed.iono, d'.rlonca ond <fm<nsiont sl>oorn heteon.,. bosod on_,.,.,., fnm the "Cooonndo caonfonofe JTSiem of 198.! north
, _ • (Nikle S2 of lille J8 C.R.S.) - - using R.r.K. G.P.S. ledoniqueo ond/01 the 0W1o IW!ioning User Smi:e off<ml by the
N.G.s. Ctltnbined Fod(J( (Cf)• 0.99972122; 1/Cf• I.OIIII2788S7
4.) NOTICC: Aca>rdinf to Colonldo ,.. fOU must ""1 legal «lion bosod ..,.. D1tf dtfrd in this .....,. •ilhin lhtee ,..,s of!N
,.. r.m - - d e l e d . t.no ...,,,.,.,.,_ - - Dltfd<lrd in lhis"""'7be _ , _ , _ , . , , . . , f r o m

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5.) litis &llillit,_wby Pad A_,, PI.S J~ lot ond011 beho/1 ofktiom, tie. If' 1 - St.. 5<N 7,Bliglljon, CD
806111.

Rf:VISED: 01/J0/2015

Acklam. Inc.
195 Telluride Sl .. Sune 7
Brtgh1on CO , 80601

KERR-McGEE GATHERING, LLC
EXHIBIT "A" RIGHT OF WAY LANDS
SEI/4 SECTION 29
TJN R68W 6TH PM, WfLD COUNTY, COLORADO

SCALE: 1"• 200'

DATE: fU/OJ/2014
JOB No.: IJ805

City of Longmont
3N-68W

Cq:>yri!Jlt 2011 Weld County Gc:M!mrrent All rights resaved. Ttu May 29 2014 07:42:29 AM

Lease/ Name: MS Longmont Reinforcement West (1-25 West)

AFE# 2087655.PCE

Land Use: Agric/Pasture

Inspection Date:
Install

Runoff Risk: Low

ID: 8413059W TWN: 3N RNG: 67W SEC: 27

Receiving Waters:
Various Bore Locations and Ditches
Site will be Re-Graded &
ISe1adEtd Where Appropriate
Construction Activity
Is Completed

Area of disturbance
defined by BMP
placement. Construction
boundary approx. 10'
outside of BMP
placement.

Pipe
StockPile

0

PcMtoo-let

~Separator
c::::::J CUlvert

®
c::::::J

e

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~

Aflr
Spray on

Adlloslvo
Wollhead

-

®
~

Incomplete
Gathering Une

Dirt Road
Paved Road

Topographic
Slope
er-Mlltch
Water
Sump
cattleguard

- 181m

._

Hay Bale

Benn
Windrow

Straw

wattle

111111111

Slit Fence
Equipment
Storage

wattle

NOT TO

sc~

Engineer, cleanup must be performed within 600 linear feet of pipe installation. NO TRENCH
SHALL BE LEFT OPEN OVERNIGHT WITHOUT PROPER PROTECTION AND APPROVAL
OF THE ENGINEER. These requirements apply for all mains and service lines. Backfilling of
trenches shall comply with these specifications, and with applicable design and soils reports.
112.05 BACKFILL MATERIAL
All backfill material shall be free from debris, cinders, ashes, refuse, vegetable or organic
material, boulders, rocks or stones, frozen material, broken bituminous or concrete materials, or
other material that in the opinion of the Engineer is unsuitable. Material containing stones up to
six (6) inches in their greatest dimension may be used, unless otherwise specified.
Use of rocks, stones or boulders within the allowable size limits is subject to their not interfering
with proper compaction.
Masses of moist, stiff clay and washed rock shall not be used as backfill material.
1.

Use of excavated material as backfill

When the type of backfill material is not indicated on the drawings or specified, the Contractor
may backfill with the excavated material, provided that such material consists of loam, clay,
sand, gravel, or other materials that, in the opinion of the Engineer, are suitable for backfilling. If
excavated material is indicated on the drawings or specified for backfill, and there is a deficiency
due to a rejection of part thereof, the Contractor shall furnish the required amount of sand,
gravel, or other approved material.
2.

Use of imported material as backfilll

If imported backfill is not required on the drawings, and In the opinion of the Engineer should be
used In any part of the work, the Contractor shall furnish and backfill with approved material as
directed by the Engineer. All material shall be free from frozen matter, stumps, roots, brush,
other organic matter, cinders or other corrosive material, debris, broken asphalt and concrete,
and any other material that is not suitable in the opinion of the Engineer. Trench backfill
material shall be free from any rocks or stones which are larger than six ( 6) Inches, in any
dimension. Rocks or stones which are larger than three (3) inches, in any dimension, shall not
be placed within one foot of pavement subgrade, or within one foot of the finished surface of
unpaved areas. Rocks or stones larger than two (2) Inches in diameter may not be used for
trench backfill of irrigation lines.
3.

Non-shrinkable trench backfill (such as Flowfill, Flashfill, or other approved material).

Non-shrinkable trench backfill shall meet the following requirements:
Minimum (twenty) 28 day strength: 60 psi
Maximum (twenty) 28 day strength: 100 psi
Non-shrinkable trench backfill shall be adequately vibrated to ensure consolidation.

General - 36 - Effective July 1, 2007

112.06 BACKFILLING IN FREEZING WEATHER
Backfilling shall not be done in freezing weather except by permission of the Engineer, and it
shall not be made with frozen material. No fill shall be made where the material already in the
trench is frozen.
112.07 COMPACTION REQUIREMENTS AND TESTING
It is the responsibility of the Contractor to provide the proper means and equipment for obtaining
compaction within the specified ranges. If the Engineer feels that the means or equipment is
not adequate to obtain the desired results the Engineer may require specific measures to insure
the desired results. One such measure may be the use of flow fill non-shrink trench backfill.
The Contractor shall retain a private, approved testing agency regularly involved in soils testing
to perform required proctor and compaction tests at the Contractor's expense. Two copies of all
Proctor curves and test results showing exact location of sample collection and test sites must
be furnished to the Engineer for approval. Only actual test information will be submitted,
estimated values will not be accepted. The Engineer shall be informed before any tests are
performed and may designate areas to have checked for compaction. The results of the tests
must be given to the Engineer before any compaction will be accepted.
1.

Standard Proctor Tests (A.S.T.M. D698): The Contractor shall provide Standard Proctor
results for compaction testing. A sufficient number of Proctor tests shall be taken so as to,
in the opinion of the Engineer, adequately represent all types of soil encountered along the
trench. Said tests are intended only to aid the verification of the quality of the work.
Acceptable test resuHs shall not relieve the Contractor from correction or repairing of any
substandard work before or during the warranty period.

2.

Field Density Tests: The Contractor shall provide field compaction tests conforming to
A.S.T.M. D2922 and 03017 every one (1) foot of trench depth for every two hundred (200)
lineal feet of pipe installation unless otherwise specified by the Engineer. The Contractor
shall provide one field compaction test per every one hundred (100) lineal feet of curbwalk
and shall demonstrate that the subgrade will pass a wheel test. The Contractor shall
provide two field compaction tests for each water and sewer service line. For the sewer
service, the tests shall be at varying depths as required by the Inspector and located ten
(10) feet from the end of the service line. For the water service, the test shall be taken
when the fill is at a level of two (2) feet below the final grade; one test shall be located five
(5) feet from the water main and one test shall be located two feet from the curb stop
(between the curb stop and the sidewalk. The Contractor may be required to dig up
portions of the trench to afford access for compaction tests below the top surface of the
backfill material.

Unless otherwise required on the plans, or by the Engineer to prevent settlement or damage to
existing or proposed public or private improvements, trench backfill compaction shall be to the
following minimum densities indicated below:
COMPACTION ZONES
All compaction within the right-of-way shall be 95%.
All driveway areas, water and sewer service lines shall be compacted at 95%.
General - 37 - Effective July 1, 2007

No pending or jetting of trenches, or use of a hydro-hammer or any Impact type compaction Is
allowed. Compaction shall be done by mechanical methods.
All material shall be compacted within plus or minus 2% of the optimum moisture content. The
Contractor shall be responsible for providing a stable non-pumping subgrade. If, in the opinion
of the Engineer, any portion of the subgrade is suspected of not being stable, the Engineer may
require that the subgrade be proof-rolled. Proof-rolling shall be performed with equipment and
in a manner acceptable to the Engineer. The Contractor shall provide any equipment required
for proof-rolling. Areas found to be weak and those areas which failed shall be corrected and
brought into compliance with these specifications by the Contractor.
112.08 CONSTRUCTION WATER
All water needed for approved construction use must be obtained from either a private supply or
an approved tank loading facility. In no case shall construction water be obtained from a fire
hydrant, unless approved by the Engineer. If the use of water from a fire hydrant is approved,
the Contractor shall obtain from the City of Longmont, all required permits, materials, and
equipment needed to monitor and control water use prior to accessing a fire hydrant, and shall
be limited to only using the designated fire hydrant.
112.09 COMPACTION TEST FAILURE
If the required compaction is not obtained, it shall be the responsibility of the Contractor to
recompact the material. In cases where there is a failure to achieve the required compaction,
the Engineer may require that the backfill be removed and replaced with City approved backfill
material.
A hydrostatic retest shall be required on water lines after recompaction if the hydrostatic testing
had been performed prior to recompaction.
A retest of utility lines shall be required after recompaction if the testing had been performed
prior to recompaction.
113.00 STORMWATER QUALITY REQUIREMENTS
113.01 GENERAL
These standards are written to establish methods for controlling the introduction of pollutants
into the municipal separate storm sewer system as required by the National Pollutant Discharge
Elimination System (NPDES) permit process.
The intent of this section is to present minimum requirements for the implementation and use of
Best Management Practices (BMP's) for stormwater quality control within the City of Longmont.
The following pages refer to the information and design guidelines presented in the Urban
Storm Drainage Criteria Manual (USDCM), Volume 3, "Best Management Practices" and COOT
erosion control manual.
Introduction - The City is an operator of a phase II regulated small Municipal Separate Storm
Sewer System (MS4) and is required by the State of Colorado to obtain a permit to discharge
stormwater. In order to comply with the permit, the City reviews and approves a Storm water
Management Plan (SWMP) for sites disturbing land of one (1) acre or more (see Appendix).
General - 38 - Effective July 1, 2007

All construction activity shall be responsible for the preservation and protection of the
stormwater collection systems and other natural and developed drainage ways, which may be
affected by the construction.
113.02 DEVELOPMENT PROCESS
Any construction activity that disturbs one or more acres of land and any construction activity
that disturbs less than one acre but is part of a larger common plan of development as
determined by the City, must obtain a Public Works Development Permit from the City and a
Storm water Discharge Permit Associated with Construction Activity from the Colorado
Department of Public Health and Environment (CDPHE). The Colorado Department of Public
Health and Environment, Water Quality Control Division, can be reached at 303-692-3500
(htto:/lwiNw.cdohe.state.co.uslwg/PermitsUnitJwgcdpmt.html ).
Prior to any construction activity, applicants must have an approved SWMP which is a condition
of issuance of the Public Works Development Permit from the City, and a Storm water Permit
Associated with Construction Activities application from the Colorado Department of Public
Health and Environment (CDPHE).
113.03 STORMWATER MANAGEMENT PLAN- DESIGN CRITERIA
The City shall evaluate the adequacy and appropriateness of the proposed BMP's based on
their fulfillment of the previously stated guidelines and compliance with the Best Management
Practices (BMP's) included in the Urban Storm Drainage Criteria Manual (USDCM), Volume 3,
and CDOT erosion control manual:
1. The contents of the Storm water Management Plan shall be in accordance with the
requirements of the Colorado Department of Public Health and Environment. (see
appendix)
2. The design shall minimize the overall land disturbance, and maintain stormwater quality in a
condition similar to historic levels.
3. Design construction phasing, to minimize soil disturbance and avoid erosion. Effective
phasing should be used to minimize soil exposure between overlot grading and final grading
or installation of improvements.
4. Manage stormwater flows to minimize erosion and sediment movement. This objective
would include diverting concentrated flows from disturbed slopes, minimizing the length and
steepness of disturbed slopes, keeping runoff velocities low, and preparing or reinforcing
drainage ways and outlets to receive runoff flows.
5. Do not allow increased sediment movement off of the site. All sediment disturbed on site
should be contained and either re-deposited in a more stable location, or removed from the
site to the Maximum Extent Practicable.
113.04 CONSTRUCTION ACTIVITIES REQUIREMENTS
The Contractor shall satisfy all environmental quality standards imposed by law and take
reasonable steps to minimize the environmental impact of the work. In compliance with
applicable City, state and federal law:
General - 39 - Effective July 1, 2007

The native seed mix for the restoration of the Kerr McGee pipeline easement.
For native areas seed mix:
20% Switchgrass
20% Big Bluestem
20% Yellow lndiangrass
10% Alkali Sacaton
10% Western Wheatgrass
10% Streambank Wheatgrass
10% Slender Wheatgrass
20 lbs. pure live seed per acre, drilled or twice as many lbs. per acre if hand
broad casted

Native Grass Mulch, Required Weed Free:
Apply at a rate of two (2) tons per acre. Crimp into seed bed with disk set straight forward and
two inch (2") deep. Disk mulch across slopes to prevent erosion. Mulch seed beds within 24
hours after seeding.
or
Hydromulching:
Wood cellulose fibers must become evenly dispersed when agitated in water. When sprayed
uniformly on the soil surface, the fibers shall form a blotter like ground cover, which readily
absorbs water and allows infiltration to the underlying soil. Cellulose fiber mulch shall be added
with the proportionate quantities of water and other approved materials in the slurry tank. All
ingredients shall be mixed to form a homogenous slurry. Using the color of the mulch as a
metering agent, spray apply the slurry mixture uniformly over the seeded area. Apply with the
specified tackafier at a rate of 120 lbs. per acre. Unless otherwise ordered for specific areas,
fiber mulch shall be applied at the rate of 2000 pounds per acre.