The URL can be used to link to this page

Home My WebLink About14469RESOLUTION NO. 14469 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO PALMETTO ENVIRONMENTAL GROUP, LLC FOR THE USE OF THE NORTH ELIZABETH GRASS BOULEVARD BETWEEN NORTH AND SOUTH BOUND ELIZABETH STREET FROM WEST 28TH STREET AND WEST 29TH STREET TO INSTALL GROUNDWATER MONITORING WELLS BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Palmetto Environmental Group, LLC for the installation of groundwater monitoring wells within the North Elizabeth Street th Grass Boulevard between north and south bound Elizabeth Street from West 28 Street to West th 29 Street. SECTION 2. The use of the public right-of-way granted hereby is subject to all limitations, terms, and conditions set forth in the attached Revocable Permit. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution to effectuate the policies and procedures described herein. SECTION 4. The City Clerk is directed to cause said Revocable Permit to be forthwith recorded in the office of the Pueblo County Clerk and Recorder. SECTION 5. This Resolution shall become effective immediately upon passage and approval. INTRODUCED September 14, 2020 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-2 Background Paper for Proposed Resolution COUNCIL MEETING DATE: September 14, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Sam Vigil, P.E., Director of Public Works SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO PALMETTO ENVIRONMENTAL GROUP, LLC FOR THE USE OF THE NORTH ELIZABETH GRASS BOULEVARD BETWEEN NORTH AND SOUTH BOUND ELIZABETH STREET FROM WEST 28TH STREET AND WEST 29TH STREET TO INSTALL GROUNDWATER MONITORING WELLS SUMMARY: Attached is an application for a revocable permit submitted by Palmetto Environmental Group, LLC. PREVIOUS COUNCIL ACTION: Resolution 14317 approved for previous installation of groundwater monitoring wells in the area. BACKGROUND: Palmetto Environmental Group, LLC on behalf of the Colorado Department of Labor and Employment, Division of Oil and Public Safety (CDLE, OPS), is requesting the use of the North Elizabeth Street Grass Boulevard between north and south bound Elizabeth Street from West thth 28 Street and West 29 Street, to install groundwater monitoring wells. The monitoring wells are needed to define the extent of the groundwater contamination plume sourcing from the 1st Stop/Alta Convenience Store #3106 gas station and for potential future monitoring wells. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will prevent remediation of impacted soil and groundwater. RECOMMENDATION: Approval of the Resolution. Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Site Plans re: Resolution 14469 Reception 2194576 09/29/2020 03:33:32 PM REVOCABLE PERMIT Pursuant to the authority granted by Section 16-9 of the Charter of Pueblo,a Municipal Corporation,(the"City"),the City Council of City hereby grants the following revocable permit to Permittee subject to and conditioned upon the provisions herein contained and the Permittee's compliance therewith: fb1w.440 tew coamtMal &hoop,LLC ,fir co 202,1(01. Name,Address and Telephone Number of Permittee:O.tt1 Srra &Ay , 4915 wilt 5th t p L St 2. Permitted Area:G s ulworrJ Raw + Nbg bovncl k)•E1'iz,e,bet{,. Stet $, tit W L>[T'Sl' W 29'" 3. Purpose of Revocable Permit: To install groundwater monitoring wells 4. Authorized Improvements: groundwater monitoring wells 5. Commencement Date:When types Oct 114IZoZ °Time:0g00 6. Ending Date: Oq/l4 I Zd2M Time:ZH 00 PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED REVOCABLE PERMIT(THE"PERMIT")REPRESENTS,WARRANTS AND AGREES: ta) The Permitted Area shall be used of the above-spec:tied Purpose of Revocable Permit. N use of the Permitted Area shall be made before the time of the Commencement Date. (b) All structures,including the groundwater monitoring wells, as authorized to be placed in the Permitted Area by Permittee (the "Improvements") shall be constructed, installed, and maintained by Permittee in compliance with all applicable codes, ordinances,rules and regulations of City,this Permit and applicable law. Permittee expressly acknowledges and shall comply with all obligations it may have under Article 1.5 of Title 9 of the Colorado Revised Statutes,and the City shall have no obligations with respect to notification of the existence of the Improvements with respect to any excavation conducted in or around the Permitted Area or otherwise. Consistent with and in further clarification of paragraph(1),Permittee expressly acknowledges and agrees that City shall have no responsibility or liability for any damage or injuries to the Improvements resulting from any excavation conducted in or around the Permitted Area whether done by the City,its officers,employees,agents or unrelated third party. (c) Reserved. (d) Reserved. (e) Before the Time of the Ending Date,or immediately upon any other termination of this Permit,Permittee shall,at Permittee's expense,remove all of Pennittee's Improvements from the Permitted Area and clean and restore the Permitted Area to its original condition. Failure to timely remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Area to its original condition shall constitute Permittee's abandonment of the Permittee's Improvements, and City may, at Permittee's expense, remove and dispose of Permittee's Improvements and clean and restore the Permitted Area to its original condition. Permittee agrees to pay all City's costs and expenses, including reasonable attorney fees, incurred in the enforcement of this Permit. (f) Permittee shall keep all Improvements and Permitted Area in good, clean and safe condition and repair, free from litter, waste and debris. (g) Permittee shall indemnify,defend and hold City,its officers,agents and employees harmless from and against any and all suits, claims, liabilities, loss, damages and expenses, including reasonable attorney fees and cost of defense, arising, directly or indirectly,from or caused by the issuance of this Permit or the conditions hereof,or the existence,construction,installation,repair or maintenance of the Improvements in the Permitted Area, or the use of the Permitted Area or Improvements by Permittee, its officers,agents,employees,invitees or general public. (h) Neither this Permit nor any of the privileges granted to Permittee hereby,may be conveyed,assigned,transferred or sublet by Permittee without the prior written consent of the City Council of City. Any attempted conveyance,assignment, transfer or subletting of the Permit or Permitted Area without the written consent of the City Council of Pueblo shall be void and of no effect and shall cause this Permit to be automatically revoked. (i) Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and the Authorized Structure in amounts not less than $1,000,000.00 combined single limits per occurrence and aggregate, naming the City as an Underground encroachments(with insurance)(3/9/20). 2194576 09/29/2020 03:33:32 PM Page: 2 of 2 R 18.00 D 0.00 T 18.00 Gilbert Ortiz Clerk/Recorder, Pueblo County Co 11111 RIPALIFAM114N 1In 11111 additional insured and contain a waiver of rights of subrogation against City. A certificate for such insurance and each renewal thereof shall be delivered to the City. Failure to maintain such insurance shall cause this Permit to be automatically revoked. (j) Trees, landscaping and shrubbery within or adjacent to the Permitted Area shall be protected from damage or injury by Permittee and shall not be removed except after receipt by the Permittee of the written consent of the City's Director of Parks and Recreation. (k) Any notice or other document required or permitted herein shall be in writing and delivered personally or by first class mail, postage prepaid,as follows: (i) If to Permittee,at the address shown in paragraph 1 above. (ii) If to City, 1 City Hall Place,Pueblo,Colorado,81003,Attention: Revocable Permit Review Committee. Each party reserves the right to change its address provided notice of such change is given in accordance with this paragraph(k). (I) City reserves and is hereby granted by Permittee access to,under and through the Permitted Area for any and all purposes. City may injure,damage or remove any and all Permittee's Improvements in the Permitted Area in exercising the right of access hereby reserved and granted. Permittee assumes the risk of injury, loss and damage to Permittee's Improvements within the Permitted area,and City shall have no responsibility or liability for any damage or injuries thereto,whatsoever the cause,including, but not limited to,the acts or omissions of City,its officers,employees,or agents. (m) This Permit shall terminate upon the occurrence of any one of the following events: (i) the Time of the Ending Date,(ii) abandonment or non-use by Permittee for a period of three(3)consecutive months,(iii)surrender or cancellation of the Permit in writing by Permittee,(iv)automatic revocation as provided in above paragraph(h);or(v)revocation or termination of this Permit by resolution of the City Council of City.The termination of this Permit shall not relieve Permittee from Permittee's obligations under paragraph(f)until the Authorized Improvements have been removed by Permittee in compliance with paragraph(e). (n) Permittee acknowledges and agrees that this Permit is temporary and subject to revocation or termination by resolution of the City Council of City,in its sole discretion,for any reason or no reason,at anytime,without liability to City,and without notice to or hearing by Permittee. Permittee waives any and all right or claim to such notice,hearing,and liability of the City. Signed in Pueblo, Colorado th•is2day of 19/0 51--- ,2020 PERM1TTTEE: Organization: h ltif t7'JJ��uijayhrywi ) 6(rA { - By: (e_ Czoldgle. Title: p/1q,�,(7t< �Cd1O 4.c t STATE OF COLORADO ) UU f COUNTY OF PUEBLO )Ss.. The foregoing instrument was acknowle d before me the –12644 day of 445a s f' ,20.O by / Aye" a Va. J as Aeaj- /?e ed/f1 ,✓ S / ,. My commission expires: C) -/a c'/ Y ISZ Ciu� ,/".;/ 307' [SEAL] SAMUEL J HERMOSILLO 1 Not ry Public NOTARY PUBLIC I APPROVED this // 5:1 day of ,2420. STATE OF COLORADO PUEBLO,a Municipal Corporation NOTARY ID 20044015399 MY COMMISSION EXPIRES MAY 04,2024 By .— A .. �(/ Nic�. radisar,Mayor Underground encroachments(with insurance)(3/9/20). August 7,2020 Revocable Permit Application Page 2 of 2 utilizing a flush mount and concrete. Following groundwater monitoring well installation, the well will be accessed quarterly to monitoring groundwater impacts. Once this groundwater monitoring and remediation project receives a No Further Action(NFA)Letter from the CDLE,OPS, the monitoring wells will be abandoned following guidelines from the Colorado Division of Water Resources, Code of Colorado Regulations (CCR) 402-2, Rule 16.3 using clean silica sand and hydrated bentonite grout. The flush mount will be broken out and the permitted area will be restored to its original condition. Palmetto has attached the Site Characterization Report Request letter from the CDLE, OPS and Certificate of Liability Insurance for both Palmetto and GSC. If you have any questions or require any further information regarding this Letter of Intent for a Revocable Permit Application,please feel free to contact me at(303)825-8117. Sincerely, Palmetto Environmental Group,L.L.C. Bryce Goldade Project Geologist Attachments Cc: Ms. Jennifer Straus—CDLE,OPS File (303)825-8117 a fax(303) 534-5049 4995 York Street a Denver,Colorado 80216 o ce cc J = EI- CV NORTH ELIZABETH STREET Ce F- 1.1-1 U � � O LL n O H F UO IL V o \\\ a� , in N a m y m m S ,, 1.. \\*,.. W 6 - NORTH ELIZABETH STREET \ / M ____) I _ _ O L... co CONCRETE SIDEWALK O O = O \\\ \ \\ e3 c qt 03 O J \ - sn isa } cJ) W V a a I w F,. Z < O - lsn sea I a . . . a \ in Ei _ _ len ina 3 Y z W O m 1VS M6 .,--411 I ; N I I CO i Q5 a I len Ri L aQ WQ. U W ? J 1 cc ce z I i W O U gl \\\\\ . bift e h 11 x Zi I , I.: O o I I U m LU (21 J CD Z LU0 p flh 3z i3 0 eLL W a a -1 a CL o CL Er Ci ad CDaCLao 1- O Z67 O 4 1 a i LU 2 i N m UJ t 1