HomeMy WebLinkAbout20040164.tiff 01/26/2004 09:43 3038570351 FT LUPT0N PAGE 03
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oplo City of fort Lupton
18 rA : 36 THE"PROUD TO BE"CITY IA CIUDAD"ORGULLOSA DE sir 'NOKORI NO'MACHI
P.O. Box 148 County of Weld
130 S.McKinley Avenue (303)857.6644
�0L0RA0� Fort Lupton,Colorado 80621 Fax(303)857-0351
Palformance.integrity.Teamwork
Accountability sad Service st: A ni{1 !k O /l
Carl B- Mount e C, �1_��✓1 I
Division of Minerals and Geology P*++na cram,
1313 Sherman St- Room 215 f^ 2 6- d
Denver,CO 80203 January 5, 2004 Ai
RE! Aggregatelndustries, Permit No.M-19-89-120,.Revisiori No.AR-1
Dear Mr. Mount:
Aggregate industries has requested the permit for their site South of WCR6 and West
of US Highway 85 in Weld County be increased by 49 acres.areas citizen's
and quality
of life
and economic climate are very dependant on the agricultural nearby,
highways,around and through our community.
The citizens of Fort Lupton,its Planning Commission,and its City Council have
serious concerns with the addition and expansion of numerous gravel pits along the Platte
Valley surrounding this community. This expansion has caused increased dust pollution.
threatened domestic wells,and increased heavy truck traffic on roads and highways
already having serious safety and maintenance issues. This expansion is chilling other
kinds of economic development more beneficial to consumers and landowners.
Whatever restrictions and protections have been previously required have been
inadequate to address these concerns. For example, off-road clouds of dust from the
existing site obscure traffic,and on-road did from a cloud of dust and debris every time a
truck pulls onto Highway 85 from the site is a well known fact for motorists on Road 6
and Highway 85 and surrounding residents. The threat of deteriorating well water quality
affects the entire area. Trucks impede the flow of traffic, cause accidents,and deteriorate
roads that have no source of funds to fix them. No one is optimistic about land use
planning with ever increasing pits of water and mountains of gravel as a backdrop.
If these expansions cannot be halted,then increased restrictions and protections for
these concerns must be implemented on expanded areas. Protections are needed to
mitigate the hazards caused now, as well as enforceable requirements for future
reclamation to encourage development beneficial,for the whole area.
Sincerely yours.
S.0244.?g-e(
S. David Norcross,Mayor
EXHIBIT
E
Amuse 4-gos
;Key-e'-ii
01/26/2004 09:43 3038570351 FT LUPTON PAGE 04
5.0 Updated Land Use Plan e""• •
SA Fort Lupton Urban Growth Boundary/Weld County Referral Area/
Well Head Protection Ana
There have been recent discussions with Weld County and other communities about establishing
botmdanies firplanwng and growthmanaganent.Figure4showstwo sutbotmdaiies'theFatlar}xonUrban
CuowthBotmdary(Utban Growth Bamdary)and the Weld CamtyReferalArea Area). The thban
GrowthBoundarybegioswithiandscliacentto thcatYind ennwigoutwardtoineLrdeiheprefetred5rture
"urban"gowth area ofthe City over thenext 25 years.-Utility services could be provided to development
within this area in the near future and,therefore,the City has planned land uses for it. The City will
not consider development outside this area within the next five years.
TheRefit:7 g Area buts with laod a4acent to the Urban Growth Barodaty andtamdsautward to
the City's previously established thme-mt e tumexation boundary limit(WddCotmty Road 22onthenorth,
WddCoim tyRoad6onthesouds.WeldCountyRoad 19 onthewest and Weld CountyRoad 37 onthe east). It
is possible that this area will eventually be incorporated into theCity. h is therefore the goal of the
City and the County to preclude.premature non-City development ofanurban or suburban nature in these
areas. .4 In addition,the Colorado Department of Public Health and Environment has defined,based on
modeling performed by the Central and Northern Colorado Water'Conservancy Districts,a Well Head
4 gb :,. Protection Area(Protection Area)forFonLupton. This Protection Area,whichis shown on Figure 4,has
,ti -V6-443
eats 9(rovq been identified as an area from whi htieFortLuptonnamicipalwellsdrawtheurwaterandfromwhichthe
1 %°'i South Platte Alluvial Aquifer is recharged. Protection of the City's groundwater resources is especially
it K?,L!�N
arum° critical in this area, since contamination will pollute the City's well water supply and result in
-7 er4
potentially expensive treatment costs for the City in the firture. ..
The sty should carefully evahtate all development within this area as ameans of protecting its
'groundwater resources from fiuther degradation. For that portion of the Protection Area that falls
outside the Urban Growth Boundaiy,but inside the Referral Area,the City should include in its evolving
intergovernmental agreement with Weld County the Mowing provisions: City review of all proposed
development within the Referral Area;and,County admowledgement that it will consider,in its review
of any proposed development within the Referral Area,the impact of development on the quality of the
City's groundwater resources. Leach fields, feed lots, or certain industries, if allowed to be
constructed in the Protection Area,may have a detrimental effect on Fort Lupton's groundwater supply.
Fraam A1'I 96- 09s CRtv1S&a)Resd ce ion ea-oat/
Ado;Hung tine ('i41 a.r Flt, Lkelon tea NSG F?
aAr
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t-ren S .Pa.4J hioRcQOSi , nevelt. 5-1
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01/26/2004 09:43 3038570351 FT LUPTON PAGE 05
RECEIVED MAY 2 6 1994
° ,L�-rr.-c� o�'r?w<:..: "�c 'X"4�,'4Y T �. r , . :i:
raw ' }. .
Cd
COLORADO WATER CONSERVANCY DISTRICT
is P 0 I3ua b79 1eveland,,Colondo 8053906]9 1250 Noah Wilma i
,a ..- Phone(303)667 2437 FAX(}03)663.6902
May 24, 1994
Mr. Gerald Fineau
murcroas City Administrator
remem WNiv P.O. Sox 148
aRb,,,`/,r, Ft. Lupton, CO 80621
aoa..
Dear Gerald:
wtwRaomrrr " •
N ,xt Ann _ Enclosed is a map showing the proposed well head protection area for
.ra.+.w x:...+ the City of Ft. Lupton's municipal wells. The blue line represents.
nieco"ew the boundary. The west boundary is the South Platte River and the
WF;' east boundary is the Fulton Ditch. The north boundary is the half
WASNn16TONAND section line in sections 31, 32, and 33 of T2N-R66W. The south
YORE COUNTIES boundary line is the south section line in sections 17 and 18 of
EL Corm T1N-R66W. The five Ft. Lupton wells that were modeled are shown as
LOGANCOUT", red dots on this map. Also enclosed are overlays for the winter and
Nita Cosa summer pumping seasons showing the capture sons for the wells based
SEDCIftICCOUNIT on the modeling.
e e„c
For your reference, I have also included,Exhibit 8 which shows the
specified wall head protection area (outlined in yellow) that was
designated last year by the Water Quality Control Division. This
Exhibit also shows the capture zones that were modeled by the
OFFICERS
Division. As we discussed at the Monday meeting, the main difference
MMalEau,4,ftsidcm is that the newly proposed boundary only goes to the South Platte
ILO..* River on the west.
VI=Pnaavn
'"r a'INa""" Hopefully the enclosed map of the newly proposed area is detailed
Swart
Ch xAt„,d,,, enough so that your staff can resolve any land ownership issues or
Tom++ other concerns. Please contact me with any cements or questions. I
look forward to seeing you on June 7 to discuss well head protection
with you and your Board.
Sincerely,
wa,.'M1..&R ..PL-
wwa.--`em "''.'.`::: Jon Altenhofen, PE
Senior Water Resources Engineer
Enclosures (4)
CONSULTANT
A RMaT
01/26/2004 09:43 3038570351 FT LUPTON PAGE 06
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FORT. LUPTON SPECIFIED .AREAk
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01/26/2004 09:43 3038570351 FT LUPTON PAGE 09
.w....n0'nn Liana vo..-s -uadd To;David Norcross Date:1123/2004 Time:11:53:54 AM Pape 1 oil
FACSIMILE COVER PAGE
To : David Norcross From : Kevin Darst
Sent 1/23/2004 at 11:53:34 AM Pages : 6(including Cover)
Subject : Longmont gravel pit story
David,
It was good to talk to you today. Here is the story from the Dec. 28 Longmont limes-Call.
Kevin Darst
01/26/2004 09:43 3038570351 FT LUPTON PAGE 10
not Kama Donn 970416-0969 To:D6Md Nau063 Deb:11=2004 tome:1131:34NA care 2 of a
By Kevin Dart
The Daily Times-Call
BRIGHTON—The mounds of dirt piled 20 feet high on the South Platte River's flood
plain in southern Weld County represent progress to some,destruction to others.
Near the dirt mounds,pits 30 feet deep reveal sand and gravel tens of thousands of years
old and once past of the Rooky Mountains that,through time, fell away from the range in
boulder-sized chunks that were whisked downstream by the river,bouncing and breaking
until the material reached its current size and place in Colorado's most populated basin.
As the state grew,so did demand for sand, gravel and crushed stone,also called
aggregate.Mining companies bought land along the state's rivers and streams,where
most of Colorado's sand and gravel deposits lie,and pulled aggregate from pits dug in the
ground.
Now,along the South Platte River,aggregate producers—who mined 45 million tons of
aggregate statewide worth$320 million in 2002,making the industry more lucrative than
metal mining in the state—are moving north into Weld County after exhausting or
staking claim to the deposits in Adams County.While the move could mean cheaper
roads and buildings for Weld County,it has been met with resistance from farmers who
say the mines dry up area groundwater,municipalities that claim the mines aren't
compatible with existing and figure land use,and environmental agencies worried about
the impact to wetlands and water quality.
The South Platte along U.S. Highway 85—near one of the state's fastest-growing areas—
is prime real estate tbt mining complain because aggregate Will p tidly sling
flood plain of the river and shipping costs can quickly double or triple the price of
aggregate.
"The main reason the industry's moving is,that's where the resources are,"said Mike
Refer,vice president for administration and public relations at Aggregate Industries,a
Denver-based gravel company."The industry's just chasing the sand and gravel down the
river."
Cs
A computer-generated groundwater model won't change Torn Spain's mind about the
effects of gravel mining on irrigation wells in southern Weld and northern Adams
counties.
Spain,who needs more abbreviations after his name to qualify as an expert hydrologist
but has 40 years of empirical knowledge drilling wells southern Weld and northern
Adams counties, is certain that wells in the area are drying up as gavel mines in the
region along the South Platte River proliferate.
01/26/2004 09:43 3038570351 FT LUPTON PAGE 11
Prom Ken On 970.4150958 To:David Norcross Data 11212004 Tma 11:05:04 PM Peee 3 de
"They're killing them,"said Spain,who admits the problem has meant more business for
hint
Industry consultants disagree with Spain's characterization but agree mining can
temporarily affect the groundwater table near a pit ar series of pits.
Despite never admitting that their nearby Platte Valley mine south of Fort Lupton was to
blame,Aggregate Industries paid Spain to re-drill two domestic wells for Steve
Brancucci, a Westminster resident who farms south of Fort Lupton.Brancucci had
complained to the state engineer's office,which administers water in the basin,as well as
the state Division of Minerals and Geology,about the well problem.
Aggregate recently agreed to pay to re-drill one of Brancucci's four irrigation wells,
again without conceding that its wet-mined Platte Valley operation was the problem.
"They're like,it's not their problem.It's the drought,"Brancucci said."You can't get to
first base with them"
Aggregate companies generally mine one of two ways—wet or dry—each of which
include digging out and de-watering holes in the ground. During dry mining,companies
build a wall of impenetrable bentonite around the pit,pump out the remaining
groundwater,leaving an open, dry mine. The bentonite wall is absent in a wet mine,
though companies still pump the water out.
As groundwater approaches a dry mine site,the water table rises—or"mounds"—on the
uphill side of the pit and declines—or"shadows"—on the downhill side.Water wells in
the shadowofthe pit can dry npmileasthey're drited'deeper".
In a wet mine,groundwater is constantly recharging,attempting to fill the pit,which can
cause dramatic fluctuations lathe local groundwater table.
While the bentonite walls—which are also used to seal off landfills from surrounding
groundwater—arc expensive,dry mines are more efficient for aggregate companies.
Water storage demands,however,are increasingly making the decision an easier one for
aggregate companies,Pits lined with bentonite walls,also called slurry walls,are being
sold to water providers for more than$3,000 per acre-foot of water storage. That's more
than$3 million for a modestly-sized 30-acre, 1,000 acre-foot reservoir.
Greeley-based Central Colorado Water Conservancy District owns 5,000 acre-fed of
lined gavel-pit storage and has plans to buy another 15,000-20,000 acre-feet of storage,
CCWCD Executive Director Torn Cech said. The district uses the water to augment about
1,000 irrigation wells that must put a portion of the water they pump back in the river
basin.
"The huge benefit is that it's storing water that would flow out of state,"Cech said.
01/26/2004 09:43 3038570351 FT LUPTON PAGE 12
Maul:Kern Dan 970416.066 To:WNW Nwaes Date 1/2312004 11rt.11:53 4 PM Page 4 of 6
Potential harm,however, exists in placing lined pits close together over several miles,
some experts say. Such a situation,currently shaping up in northern Adams County,
could prevent groundwater from reaching the South Platte River,which relies on
groundwater to buoy its base flow.
At the South Platte Forum in October,Tom Hessman, a water consultant with TehaTech
RMC,said one industry model suggest that allowing lined pits to be closer than 200 feet
together could block the flow of groundwater to the river.
An industry study about mining's affect on groundwater is due out early next year.
Farmers with irrigation wells depend on them to deliver water year-round,especially in
early spring and late summer when crops such as corn and vegetables need the critical
moisture.Last year,as drought hit Colorado and several mining operations fired up near
Brighton and Fort Lupton,some wells and groundwater-fed ponds in the area want dry.
Affected well owners complained to gravel mine operators and the state Division of
Minerals and Geology with mixed results.
Aggregate Industries re-drilled several wells for a neighboring farmer and well owner.
"There definitely are issues with groundwater and surrounding well owners,"Refer said.
"When we de-water,there's an area going out from that site that impacts wells."
Industry executives and water consultants say drought is to blame for a dip in the
groundwater table—though documented complaints of well draw-downs in southern
Weld due to gravel raining date at least ttf 1998"-and Have worked with well owaeis in
some cases to re-drill wells deeper into the aquifer.
"There's so much going on in that region that to focus on one source and not include
other groundwater withdrawals probably isn't the best way to be looking at it,"said
William Fronczak,chief of water supply at the state engineer's office in the department
of natural resources.
Earlier this month,however,Weld County commissioners voted 4-1 to deny an aggregate
mine between Fort Lupton and Brighton, in part because of concerns about the impact to
surrounding irrigation wells.
Bob Sakata,a well-dependent vegetable farmer with farms in the Brighton-Fort Lupton
area and one of the state's biggest vegetable producers,told county commissioners gravel
pits were hurting growers in southern Weld County.
"Weld is still listed number three in agriculture in the nation,"Sakata said."I think we
should be sensitive of it.
"If our wells are injured,I won't have a crop."
01/26/2004 09:43 3038570351 FT LUPTON PAGE 13
Fruit Kevin Dart 070416-0948 In:David NareloMJ Dale:1/2312004 Time:1153164 AHA Pape Safe
**
While farmers worry about threats to their livelihood,Fort Lupton,which lies barely a
mile from the South Platte and its rich gravel deposits,has joined the resistance to gravel
operations for aesthetic reasons.
Fort Lupton City Planner Brian Grubb said at a county commissioner hearing earlier this
month that the"industrial"look of a mining operation doesn't jive with city land uses and
that infrastructure such as streets and roads need to be improved to handle the tuck
traffic that mines bring.
"We need a phased plan so mining can co-exist with agriculture...and existing residents
of the area,"Grubb said."We haven't done our job as planners to resolve issues up
front"
In voting to deny Premier Paving,Inc.'s application for a gavel pit earlier this mouth,
County Commissioner Rob Maslen agreed that current infrastructure in that part of Weld
County isn't sufficient to handle the coming surge of gravel operations.
**
Plans for three of the southernmost pits in southern Weld County worried the U.S.EPA's
Glenn Rodriguez
At one end of the stack was Hall-Irwin's Baseline Resource pit,an operation northeast of
• the intersection of U.S,85 and Weld County Road 2 approved'in 1998'bytge state
Department of Minerals and Geology,which permits gravel mines,and cited in 2000 by
the EPA for destroying 3.39 acres of federal wetlands without a permit
Immediately north of Hall-Irwin's pit was Aggregate Industries'proposed Wallenberg
mine,a dry mine with slurry walls whose permit was withdrawn this year.North of that
lay Asphalt gpeciahies'existing Petry Pit,where the original 1990 reclamation plan for
two unlined wildlife ponds and agricultural lands had been amended in late 2001,
scratching the unlined wildlife ponds for a single 56-acre lined pit for water storage.
When Rodriguez first looked at the plans,he saw potential for the lined pits to surround
and choke off groundwater to wetlands near the South Platte.
"Those are the conflicts that arise when there is no coordination,"Rodriguez said.
"Companies are tight-lipped because of competition.
Wetlands are important to the basin's ecosystem because they offer wildlife habitat and
filter pollutants and nitrogen out of groundwater, Rodriguez said.According to a letter
filed by the EPA in the Hall-Irwin case,"much ofthe recoverable aggregate is located in
vulnerable wetlands/riparian areas near the river environment."
01/26/2004 09:43 3038570351 FT LUPTON PAGE 14
Ddt 12372004 Tuns:B:53:54 i:53:54 NAwry •• ••
Front Kevin Darn 070-418.13988 7e:NNW'Me1C70si
That pressure could change the"vision" of the South Platte,Rodriguez said.
"When the next mine comes up,the same issues are going to come up,"Rodriguez said.
"The vision of the South Platte can easily be walled in with pits that are impamcab
legroundwater."
ss
There are no public studies that cumulatively address the impact of Colorado's 45 million
ton,$320 million aggregate industry on the South Platte River Basin.There are also few
other places in Weld County other than the South Platte that producers orado Front n -
effectively find and mine the aggregate that builds the thriving
Range.
Aggregate Industries'Refer said the onus falls on municipalities in the region to satisfy
some of the compatibility issues.
"Some municipalities don't have a defined urban growth area,"Refer said.
Said Fort Lupton Planner Grubb:"Gravel companies need gavel;the state needs gravel.
We're not saying it shouldn't exist,but there's not a sufficient plea„
Kevin Darst can be reached at 303-776-2244,Est 405,or by e-mail at kdarst@times-
call.com.
FROM : FRX NO. :8688782922 May. 11 2602 5:14RM P1
Board of County Commissioners
Weld County Centennial Center
915 tenth St.—3'"floor
Greeley, CO
January 21,2004
Re: Docket Number#2004-09
Hearing date: January 28, 2004
Gentlemen:
I must protest against allowing open pit mining,processing and a concrete and asphalt
plant and recycling plant for concrete and asphalt,adjacent to Highway 85 between Weld
County Roads 4 and 6.
1 protest in the name of the more than 300 persons living at Sierra Vista Mobile Home
Park—many of them young children--who will be forced to breathe the dust,dirt,
concrete, asphalt and other things that will be dug up,processed and unavoidably blown
into the air many hours of the day. This could easily be a health hazard to babies and
young children,as well as anyone with asthma or other upper respirptory disqrders.
We are located at the corner of Highway 85 and Weld County Road 6,on the Northeast
side of that corner and probably less than 100 feet from the property in question.
Should you wish to contact me,I can be reached at(303) 589-5392 or I can be contacted
by mail at: 534A—Kabala St.,)Cihei, HI 96753.
Sincerely,
ate
G. eb r, owncr
Sierra Mobile Home Park
EXHIBIT
AQLLSCft S
5.„.4,„1_ hi,*
a
MEMORANDUM
TO: KIM OGLE AND WELD COUNTY COMMISSIONERS
FROM: CHARLOTTE DAVIS, ENVIROMENTAL HEAL'T'H
VI D C
DATE:CT•0 SR-9 5 AGGREGATE INDUSTRIES
/2004
COLORADO
On January 27, 2004, I received by fax a letter from William Schenderlein with
Applegate Group, Inc. and authorized agent representing Aggregate Industries.
Mr. Schederlein's letter request that Septic Permit SP-0000429 be closed
because the system was never constructed and does not currently exist. As per
his request the Septic Permit SP-0000429 is now closed. Condition 2G is no
longer relevant and can be removed.
However, there currently is a house on site that serves as an office for
employees and visitors. The house/office is equipped with a septic system that
was installed sometime ago and is currently not permitted. Since the house is
within the boundaries of this USR application a commercial septic permit is
required. The Environmental Health Services Division requests that condition 2G
be replaced with the following condition.
I have discussed the addition of this condition with Mr. Schenderlein via
telephone conversation on January 27, 2004.
Prior to recording the Plat:
1. The Environmental Health Services Division was unable to locate a septic
permit for the septic system serving the existing house/office. The septic
system shall be reviewed by a Colorado Registered Professional
Engineer. The review shall consist of observation of the system and a
technical review describing the systems ability to handle the proposed
hydraulic load. The review shall be submitted to the Environmental Health
Services Division of the Weld County Department of Public Health and
Environment. In the event the system is found to be inadequately &zed or
constructed the system shall be brought into compliance with current
Regulations.
EXHIBIT
Anus✓ #9O5
r ,.0:" Applegate
Group, Inc.
Consultants for Land, Mineral and Water
LETTER OF TRANSMITTAL
DATE: January 29, 2004 PROJECT: Platte Valley
AG JOB # 02-188
TO: Weld County Clerk to the Board
915 10th Street
Greeley, Colorado 80631
WE TRANSMIT: THE FOLLOWING: FOR YOUR:
Attached n Prints / Bluelines ■ Use
nUnder Separate Cover I 1 Original ❑ Approval
nInformation Below ■ Copy El Information
n Applications ❑ Review & Comment
❑ Specifications n Material Returned
❑ Other n Revise & Resubmit
Number of Copies Dated Sheets Description
1 1/29/04 Platte Valley Operation(USR-905),Aggregate Industries—
WCR, Inc. Extraction Plan Map
1 1/29/04 Platte Valley Operation(USR-905),Aggregate Industries—
WCR, Inc.Reclamation Plan Map
Remarks: This material is being submitted in response to Lee Morrison's request following
the Board of County Commissioners Hearing on January 28, 2004 for USR-905. The material
was used in the applicant presentation to the Board.
Signed: !//d: -
Copy to:File g
William Schenderlein
w/o Enclosures:
Kim Ogle, Weld County Planning
EXHIBIT
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1499 West 120th Avenue,Suite 200 • Denver,Colorado 80234 • (303)452-0611 • (Fax)(303)452-2 i ��<�---
Exhibit H contains
oversized maps
Reclamation Plan (H2)
Extraction Plan (H3)
Please see Original File
4
INF
NOTICE INe
A PUBLIC NEARING CONCFRNINC
FMISSFRDPFRiP Wilt BE HELD Al
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fOR MORE INFORMATION CALL
WILD COUNTY DEPARTMENT OF
PUNNING SERVICES AT
S9701353.61N tit. 354$
EXHIBIT
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