HomeMy WebLinkAbout20011589.tiff West Adams Soil Conservation District
P.O. Box 296 - Brighton, Colorado 80601 - Phone 659-7004
March 23, 2001
CASE NUMBER: USR-1324
PROJECT: Special Use Permit Application for Asphalt Specialties Company, Inc.
PLANNER: Chris Gathman
NRCS REPESENTATIVE: Andrea Leonard, Soil Conservationist
In consultation with the Natural Resources Conservation Service (NRCS), we have reviewed
the above referenced case and have the following comments:
SOILS/LIMITATIONS: The Ascalon loam has severe limitations for septic systems because
of slow percolation. The Vona sandy loam has severe limitations for septic systems because
of poor filter materials.
PRIME FARMLANDS: All of the soil covered by this application is considered prime
farmland when irrigated.
SOIL EROSION POTENTIAL: All of the soil covered by this application is considered
highly erodible and should be protected. Construction on highly erodible soil should be
planned so as to disturb as little soil as possible and measures should be taken to prevent soil
movement offsite. Any areas that are disturbed should be stabilized with perennial
vegetation, gravel, or pavement once construction is complete.
OTHER: The application mentioned weed control operations but did not mention that a weed
control plan had been developed. The applicant should contact Ron Broda, Vegetation Weed
Management Specialist with the Weld County Public Works Department at(970) 356-4000 X
3770 to develop a weed management plan. In addition, a drainage study should be performed
to insure that existing channels are adequate to carry runoff.
The District welcomes the opportunity to review and comment on proposals such as this.
Conservation and wise use of out natural resources are foremost in our goals and objectives.
We look forward to working with you in the future. If you or the applicant should have any
questions, please feel free to contact the NRCS representative at 303-659-4177.
Sincerely, <
/12.9( EXHIBIT
District Board of Supervisors USQ t32y
2001-1589
■■ Banks and Gesso, LLC 720 Kipling St.,Suite117
■■ Lakewood, Colorado 80215
(303)274-4277
Fax(303) 274-8329
www.banksa ndgesso.com
Transmittal eidco hris Gathman (by fax: 8)
To: Weld County Departure t of Planning n
Services 4'tyA/04, jn
1555 N. 17th Avenue ,�+. e
Greeley, CO 80631 Cr Ae
From: Alex SchatiC
Date: 6 April 2001 FO
cc: 20078 —Agency Correspondence
Re: Ft. Lupton Construction Yard Water Issues
Weld County # USR-1324
You called last week to advise me that one of the referral comments in the Asphalt Specialties
Use by Special Review case, listed above, was directed to the issue of water supply for the
proposed use. After reviewing the permit application, our background research, and
discussing the issue with Asphalt Specialties, I am submitting the following note for inclusion in
your analysis of the water supply issue at the site.
Three permitted wells occupy the site and are currently registered to Laurance Hause. These
are permits # 20138RR (750 gpm, Crop Irrigation), # 78501 (15 gpm, Domestic Supply), and #
78502 (20 gpm, Stock Watering). Following USR approval, Asphalt Specialties plans to
continue to use the major(750 gpm) well on the site for crop irrigation. Well 78502 will be, and
Well 78501 may be, used for Asphalt Specialties proposed operation.
As noted in Section 27.7.5.2 of the USR document, the plan calls for on-site wells to be used
for plant operations, restrooms, and other commercial uses. With the phasing out of stock
watering operations at the site, Well 78502 is suited to use for the commercial purposes
identified in the permit document (at 27.7.5.2). The production capacity of the well is sufficient
to supply the plant area, and the change in beneficial use will have no adverse effect on any
agricultural interest or surrounding well. Please note, however, that Asphalt Specialties does
not control these wells until the property is formally transferred. Unless Weld County has
some regulation or policy that compels Laurance Hause to apply for a Change in Beneficial
Use prior to permitting, the parties would prefer to make all Changes in Well Ownership and
the Change in Beneficial Use a single, coordinated process at the time of closing.
Either Well 78502 or 78501 could be used to supply potable water. In case extra capacity or a
distinct source of potable water is required, Well 78501, currently permitted for domestic use,
will have sufficient supply to cover both the existing house and the proposed office. Again, the
filing of changes in ownership and beneficial use are a routine procedure and should present
no conflict on this property or in the surrounding area.
(4. EXHIBIT
Iuse*#i3a4
USR-1324,Water Issues
6 April 2001
Page 2
In Appendix F of the Use by Special Review Application, you will find information relating to all
three wells listed above, as well as proof that substantial water rights in the Fulton Ditch
Company are being transferred to Asphalt Specialties with the property at 2292 Weld County
Road 27. I would suggest that concerns regarding the "non-permanent" source of potable
water listed in the USR document are addressed by the fact that a permitted domestic water
well already exists on the property, and will be integrated into the site plan if required.
Asphalt Specialties has entertained the idea of drilling a new well at the site, a possibility that
was not deemed necessary for our inclusion in the Use by Special Review submittal.
According to the research conducted by Asphalt Specialties and Banks and Gesso, LLC, the
existing sources of water at the USR-1324 site are more than sufficient to supply the proposed
uses.
Thank you for keeping me advised of issues surrounding the Asphalt Specialties application.
Please contact me at 303/274.4277 with any further concerns or questions you may have
relating to water rights at this site; I would like to identify any recommendations for future
action and review them with Asphalt Specialties as soon as possible.
04/18/'2001 02:55 303E570?R1 CITY UP FLIRT LIIPTUN "HaE
RECEIVED
Mae - 7 NM
C.E.
Weld 'County Referral
' March 5, 2001
•
COLORA
The Weld County Departm of Planning Services has received the following item for review: '
•
Applicant Asphs Specialties Case Number USR-1324
Comp y, Inc.
Please Reply By March , 2001 Planner Chris Gathman
Project Speci se Permit application for an asphalt and concrete processing facility and
materi • storage area.
Legal N2 S of Section 20, Township 1 North, Range 66 West of the 6th P.M., Weld
Count Colorado.
Location West l and adjacent to WCR 27, 1/4 mile north of WCR 6,
Parcel Number 1471 000022
The application is submitted, you for review and recommendation. Any comments or recommendation
you consider relevant to this,! quest would be appreciated. Please reply by the above listed date so that
we may give full considerate to your recommendation. Any response not received before or on this date
may be deemed to be a posi e response to the Department of Planning Services. If you have any further
questions regarding the appl bon, please call the Planner associated with the request.
Weld County Planning Co ission Hearing (if applicable) April 17, 2001
❑ We have reviewed the r est and find that it does/does net comply with our Comprehensive Plan
E We have reviewed the re est and find no conflicts with our interests.
g, See attached letter,
Comments:
Signature /Y Date 3/�7/e
Agency VVV
+Weld County Planning pt. 5 N. 17th ye, Greeley, CO.80631 +(970)353-6100 ext.3540 4(970)304-6498 fax
1 EXHIBIT
LAVE It 137y
. 574/18!2@81 08: 55 3338570351 CITY OF FORT LI PTON PAGE 03
�
-k QA FORT CST (itp of ,wort lupton
18 .� i
36 , THE"PROUD TO BE"CITY LA CIUDAD"ORCULLOSA DE SER" "HOKORI NO"MACH[
P.O.Box 148 County of Weld
COLORADO 130 S. McKinley Avenue (303)857-6694
Fort Lupton,Colorado 80621 Fax(303) 857-0351
Performance,Integrity,Teamwork _
Accountability and Service i
March 28, 2001 •
Mr. Chris Gathman.
Weld County PI Services
1555 N. 17t1"Avenu
Greeley, CO 80631
Re: USR-1324, As' It Specialties Company, Inc.
Dear Mr. Gateman:J
The Fort Lupton P1 ing Commission has reviewed the above referenced case and
would like to share it concerns on the proposed development with the Weld County
Planning Commissi and County Commissioners.
Mr. Andy Schotz o s and Gesso presented the Planning Commission with the
proposal for an asph and concrete processing facility located on WCR 27 1 %2 miles
south of Fort Lupto . The Planning Commission's main concerns were with the traffic
impacts on WCR 27 d noise, dust and odor abatement.
The traffic concerns ainly dealt with the addition of heavy truck traffic on a small two-
lane road with a 45 ' h speed limit. The Planning Commission would like to request
that improvements b. ade to WCR 27 including the creation of a left turn lane for the
site and accel and de 1 lanes coming into and out of the property. There were also
concerns with the in ased traffic that would be entering Fort Lupton on WCR 27
(Denver Avenue). intersection at Denver Avenue and Highway 52 is not large
enough to accommo e some of the larger trucks Asphalt Specialties utilizes. The
Planning Commissi , ould like to request that the applicant utilize alternate routes
south and east of the 'ty when attempting to go eastbound on Highway 52. Truck traffic
proceeding westbo on Highway 52 or north on US 85 should utilize the intersection at
WCR 8 and US 85 ' ' ad of proceeding through Fort Lupton. Obviously local delivery
traffic would have to me through town but the applicant needs to be aware of the
limitations at the int ction of Denver Avenue and Highway 52. The Planning
Commission is also ' are of the dangerous situations that exist at WCR 6 and 8 when
trying to enter US 85, he Planning Commission is requesting that Weld County require
improvements to the 'ntersections to make for a safer transition into the traffic flow on
US 85.
64/"_6126:11 68: 55 36J061:3i1 CITY OF FORT LLIPTON PAGE 64
•
A
The Planning Com sion also recommends that all noise and dust abatement measures
be utilized to limit tit impacts of the operation on the south side of Fort Lupton. The
most common noise, d dust abatement measure is adequate landscaping. Because WCR
27 is also a major eat, ay into Fort Lupton, the Planning Commission is concerned
with the appearance-A continued industrial development in this area. The Planning
Commission would C e to see berming and landscape buffering that would limit visual
impacts of the site tv n driving on WCR 27. Landscaping should include plant and tree
material that providg. screening throughout the year and not just in the spring and
summer months. A( uate berming and landscaping will help to maintain the
agricultural nature of e area and protect the residences on the south side of the City
from unnecessary nd e, dust or light pollution.
Thank you for the of ortunity to comment on this case. The Fort Lupton Planning
Department would 1111 to be notified of the pending Planning Commission and County
Commissioner publi earings. Please do not hesitate to contact our office if you need
any additional infant tion or clarification on any of the concerns listed above.
Sincerely,
Pa t
Paul Rayl
Cc: Fort Lupton P1 ing Commission
Fort Lupton Ci ouncil
Weld County C. missioners
ME Banks and Gesso, LLC 720 Kipling St.,Suite117
■■ Lakewood, Colorado 80215
(303) 274-4277
Fax(303) 274-8329
www.banksandgesso.com
Weld County Planning Dept,
April 18, 2001
202001
Chris Gathman
Weld County Planning Department
1555 North 17th Avenue RECEIVED
Greeley, CO 80631
RE: Verification of Changes to Fort Lupton Construction Yard USR application,
Weld County Case No. USR-1324, Asphalt Specialties Company, Inc.
Mr. Gathman:
As requested, this letter responds to concerns the Weld County Planning Commission
raised about Asphalt Specialties' USR Application for the 2292 Weld County Road 27
site.
Recycling and processing of aggregate materials will not be taking place on the USR-
1324 property. The aggregate operations to occur on-site will be limited to sorting of
imported construction materials and the batching of asphalt and concrete. Again, to
reiterate, there will be no recycling or processing (crushing) of aggregate as part of the
Applicant's operations at the subject property.
The operation described above is the land use proposal for which Asphalt Specialties,
Inc. formally applied. Any reference to recycling or processing in the supporting
documentation is in error and should be disregarded.
At the direction of the Planning Commission, please be certain that this statement
becomes part of the official record of the case.
Sincerely,
Ale Schatz
Banks & Gesso, LLC
cc: Tim Buterbaugh, ASCI
20078— Correspondence, Agency
. EXHIBIT
use t3ay
Laurance Hause
2003 Balsam Drive
Boulder, CO 80304
19 April 2001
ATTN: Chris Gathman
Weld County Department of Planning Services
1555 N. 17th Avenue
Greeley, CO 80631
Dear Mr. Gathman,
I am writing to you as owner of the property at 2292 Weld County Road 27, currently
under review by your Department as Weld County Use by Special Review Case
USR-1324. The surface estate at this property is the site of a proposed construction
yard for Asphalt Specialties, Inc., while the mineral and oil and gas estate will are,
and will continue to be, in my ownership.
The County is requiring a statement from the mineral owner at this property that oil
and gas drilling have been adequately incorporated into the design of the site. In this
case, no oil and gas facilities will be displaced by the proposed Use by Special
Review, nor will the plan interfere with future access to the site for the purposes of oil
and gas development. Currently, I have a lease with H.L. Willett for oil and gas
extraction on the property, and I intend to maintain the viability of this lease as part of
my residual interest in the mineral rights at 2292 WCR 27.
Please place this correspondence in the appropriate file for Case USR-1324. If you
have questions, the permitting representative, Banks and Gesso, LLC, should be able
to provide additional clarification regarding future plans for the site.
Sincerely,
-- 7
Laurance Hause
itJeld County Planning Dept.
. ..'.' 2o Z00 I
RECEIVED
ft . EXHIBIT
S
t 13aq
vveid County Planning Dept.
APRIL 19, 2001 • '! 2 5 2001
DEAR MR. CHRIS GATHMAN: RECEIVED
THIS LETTER IS TO NOTIFY YOU THAT WE HAVE SERIOUS CONCERNS
WITH THE POSSIBILITY THAT A ASHPALT COMPANY MAY BE COMING
INTO OUR COMMUNITY. WE HAVE ISSUES WITH THE FACT THAT OVER
300 TRUCKS WILL BE ON OUR ROADS, WHICH ARE ALREADY HEAVILY
TRAVELED, THAT HAS SCHOOL BUSES TRAVELING ON THESE SAME
ROADS, THE POLLUTION THAT WILL EFFECT OUR FAMILIES, THE ODORS
THAT WILL PERMEATE THE WHOLE NEIGHBORHOOD, THE EFFECT IT
MAY HAVE ON OUR WATER SUPPLY, ARE ONLY A FEW OF THE
CONCERNS WE HAVE THEREFORE WE FEEL THAT WE NEED TO KNOW
WHEN THE NEXT HEARINGS ARE TO BE HELD. WE REQUEST THAT YOU
NOTIFY US IN WRITING WHEN THE NEXT MEETING CONCERNING THE
ASPHALT COMING INTO OUR AREA IS SCHEDULED.
JOE & JANE SASAKI RICHARD & NANCY STUTZ
1821 CTY ROAD#27 1752 COUNTY ROAD #27
BRIGHTON, CO 80603 BRIGHTON, CO 80603
STEPHEN BRANCUCCI SARA BLANCKAERT
1781 COUNTY RD. 27 14037 COUNTY RD. #27
BRIGHTON, CO 80603 FORT LUPTON, CO 80621
JOHN & CISSY DENT BILL & CHARLOTTE DALE
444 MONTE VISTA CT. 840 SOUTH HOOVER
FORT LUPTON, CO 80621 FORT LUPTON, CO. 80621
MARGARET SPAIN ee
2021 USHWY85 Tom Ida -Sasaki'
FORT LUPTON, CO 80621 1 J J a
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JUN-07-2001 THU 10:35 AM BANKS AND GESSO !UC FAX NO, 303 274 8329 P. 05
Form No. OFFICE OF THE STATE ENGINEER
Gws-25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St, Denver,Colorado 80203
(303)888-3581
LIC
WELL PERMIT NUMBER 055846
APPLICANT DIV. 1 WD DES. BASIN MD
APPROVED WELL LOCATION
WELD COUNTY
NW 1/4 SW 1/4 Section 20
LAURANCE HAUSE Township 1 N Range 66 W Sixth P.M.
720 KIPLING STREET, SUITE 117 DISTANCES FROM SECTION LINES
LAKEWOOD, CO 80215- 2800 Ft. from North Section Line
175 Ft. from West Section Line
(303)274-4277 UTM COORDINATES
PERMIT TO CONSTRUCT A WELL Northing: Easting:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The Issuance of this permit does not assure the
applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief In a civil
court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2.unless approval of a variance has
been granted by the State Board of Examiners of Water Well Construction and Pump Instal Minn Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-90-137(4)and the findings of the State Engineer dated /
_.4) The maximum pumping rate of this well shall not exceed 12 GPM.
The average annual amount of ground water to be appropriated shall not exceed 15.0 acre-feet.
v) Production is limited to the Laramie-Fox Hills aquifer which is located 870 feet below land surface and extends to a depth of 910 feet. Plain
casing must be installed and grouted to prevent the withdrawal of ground water from other aquifers and the movement of ground water
between aquifers.
7) The depth to the top of the Laramie-Fox Hills aquifer is approximate. To ensure the exclusion of poor quality water from zones Immediately
above the aquifer,plain casing and grout shall extend through the lowermost coal and/or carbonaceous shale that overlies the Laramie sand
portion of the aquifer_
8) The entire length of the hole shall be geophysically logged as required by the Statewide Nontributary Ground Water Rules prior to installing
casing.
9) The owner shall mark the well in a conspicuous place with well permit number(s),name of the aquifer,and court case number(s)as
appropriate. The owner shall take necessary means and precautions to preserve these markings.
10) A totalizing flow meter must be installed on this well and maintained In good working order. Permanent records of all diversions must be
maintained by the well owner(recorded at least annually)and submitted to the Division Engineer upon request
11) This well shall be constructed at least 600 feet from any existing well,completed in the same aquifer,that is,not owned by the applicant.
12) This well shall be constructed not more than 200 feet from the location specified on this permit.
13) Pursuant to CRS 37.90.137(9)(D)and the Denver Basin Rules,no more than 98%of the nontributery ground water withdrawn annually shall
be consumed and the well owner shall demonstrate to the reasonable satisfaction of the State Engineer that no more than 98%of the water
withdrawn will be consumed.
14) This well is subject to administration by the Division Engineer in accordance with applicable decrees,statutes,rules,and regulations.
NOTE:The ability of this well to withdraw its authorized amount of water from this non-renewable aquifer may be less than the 100 years
upon which the amount of water in the aquifer is allocated,due to anticipated water level declines.414%t
ern� 1'
4,..
ROVED '
lReceipt No.0476328 State Engineer DATE ISSUED JUN 0 u 2001 a EXPIRRAATTIION DATE J 0 6 2CIJ2
THIU 36 AM Ei1NKi3' HNi ���..,;�u .b: an Ni ' 63 .2
FINDINGS OF THE STATE ENGINEER
IN THE MATTER OF AN APPLICATION FOR A PERMIT TO CONSTRUCT A WELL IN WATER
DIVISION NO. 1, WELD COUNTY, COLORADO
APPLICANT : LAURANCE HAUSE
AQUIFER: LARAMIE-FOX HILLS
PERMIT NO.: OSSr'�6 —F
In compliance with C.R.S. 37-90-137(1) and the Statewide Nontributary Ground Water
Rules, Asphalt Specialties Co., Inc., agent for Laurance Hause, (hereinafter "applicant")
submitted an application for a permit to construct a well. Based on information provided by the
applicant and records of the Division of Water Resources, the State Engineer finds as follows:
1. The application was received complete by the State Engineer on May 14, 2001.
2. The applicant proposes to construct the well in the NW1/4 of the SW1/4 of Section 20,
Township 1 North, Range 66 West, 6th Principal Meridian.
3. The proposed well is located outside the boundaries of a designated ground water basin.
4. The applicant proposes to apply the water withdrawn from the well to the following beneficial
uses: industrial and commercial.
5. The proposed maximum pumping rate of the well is 12 gallons per minute, and the
requested average annual amount of ground water to be withdrawn is 15 acre-feet.
6. The applicant is the owner of the land on which the well will be constructed.
7. The proposed well would withdraw ground water from the Laramie-Fox Hills Aquifer
(hereinafter "aquifer"), which, according to the Denver Basin Rules, is located 670 feet to
910 feet below land surface at the location of the proposed well.
8. The location of the proposed well is more than 600 feet from any existing well completed
in the aquifer.
9. According to a sworn statement, the applicant owns, or has consent to withdraw ground
water underlying 67.5 acres of land as further described in said statement, which is attached
hereto as Exhibit A.
10. Withdrawal of ground water from the aquifer underlying the land claimed by the applicant will
not, within one hundred years, deplete the flow of a natural stream at an annual rate greater
than one-tenth of one percent of the annual rate of withdrawal and therefore the ground
water is nontributary ground water as defined in C.R.S. 37-90-103(10.5).
LiUM. [1Pl'. .L 1; 1 '.
Applicant: Laurance Hause Page 2
Aquifer Laramie-Fox Hills
Permit no: c t9-6 -F
11. In considering whether the requested permit shall be approved the provisions of C.R.S.
37-90-137(4) and the Denver Basin Rules shall apply. Withdrawals shall be allowed on the
basis of an aquifer's life of 100 years, C.R.S. 37-90-137(4)(b)(l).
12. The quantity of water in the aquifer, exclusive of artificial recharge, underlying the 67.5 acres
of land described in Exhibit A is 1,620 acre-feet. This determination was based on the
following as specified in the Denver Basin Rules:
a. The average specific yield of the saturated aquifer materials underlying the land under
consideration is 15 percent.
b. The average thickness of the saturated aquifer materials underlying the land under
consideration is 160 feet.
13- A review of the records in the State Engineers office has not disclosed that there are any
existing wells or other water rights claiming or diverting ground water from the aquifer
underlying the land claimed by the applicant.
Based on the above, the State Engineer finds that there is water available for withdrawal by
the proposed well and no material injury to vested water rights would result from the issuance of
the requested permit subject to the following conditions:
a. The allowed average annual amount of water to be withdrawn from the aquifer by the
well shall not exceed 15 acre-feet (the quantity of water which has been requested by the
applicant).
b. The well shall be constructed no more than 200 feet from the location specified on the
permit application.
c. The applicant shall submit geophysical and lithologic logs after the construction of the
well. The geophysical logs shall be obtained from the hole before the casings are installed.
d. The maximum pumping rate of the well shall not exceed 12 gallons per minute.
e. A totalizing flow meter must be installed on the well and maintained in good working
order. Permanent records of all diversions must be maintained by the well owner(recorded
at least annually)and submitted to the Division Engineer upon request.
f. Production is limited to the Laramie-Fox Hills Aquifer. The well must be constructed
with plain, non-perforated casing properly grouted so as to prevent intermingling of water
between aquifers.
g. Pursuant to C.R.S. 37-90-137(9)(b) and the Denver Basin Rules, no more than 98% of
the nontributary ground water withdrawn annually shall be consumed and the applicant
shall demonstrate to the reasonable satisfaction of the State Engineer that no more than
98% of the water withdrawn will be consumed.
JUN J ' L _ U. 3U A1i BANK. `1NU r uaL z, N LL:, L 0 L
Applicant: Laurance Hause Page 3
Aquifer Laramie-Fox Hills
Permit no.: 0 5-5-
h. The owner shall mark the well in a conspicuous place with appropriate well permit
numbers, name of the aquifer, and court case numbers. He shall take necessary means
and precautions to preserve these markings.
Dated this ovi, day of June, 2001.
credti
Hal D. Simpson
State Engineer
By:
Kevin G. Rein
Water Resource Engineer
Prepared by: SCC
STATE OF COLORADO
FACE OF THE STATE ENGINEER Weld County Planning Dept.
o
_livision of Water Resources (c/oF c=
Department of Natural Resources
`"-i „�
1313 Sherman Street,Room 818 ���� ll'
Denver,Colorado 80203 .1137_6:‘
X: (303)86-3589 RECEIVED FAX:(303)866-3589 Bill Owens
Governor
http://water.state.co.us/default.htm
Greg E Walcher
May 31, 2001 Executive Director
Hal D.Simpson,V.E.
State Engineer
John Cunningham
Banks and Gesso, LLC
720 Kipling Street, Suite 117
Lakewood, CO 80215
RE: Permit Application Receipt No. 476328
To Whom It May Concern:
As of May 14, 2001, the Division of Water Resources is in receipt of the referenced
General Purpose permit application to construct a well on 80 acres owned by Mr. Laurance G.
Hause located in the N '/2 of the SW ''A of Section 20, Township 1 North, Range 66 West of the
6th Principal Meridian, Weld County.
Sincerely, r1a ty‘o
Scott C. Cuthbertson, P.E.
Water Resource Engineer
•
EXHIBIT
L
ust2-#l�.y
STATE OF COLORADO
LICE OF THE STATE ENGINEER oFcoto
viart nf of Natural
Resources N<\
Department of Natural Resources
1313 Sherman Street,Room 818
Denver,Colorado 80203 «t ra7s,>
Phone:(303)866-3581
FAX:(303)866-3589 Bill Owens
Governor
http://water.state.co.us/default.htm Greg E.Watcher
Executive Director
Hal D.Simpson,P.E.
State Engineer
May / 2 , 2001
Laurance Hause
2003 Balsam Drive
Boulder, CO 80304
RE: FILE NO. AD- 014462
Dear Mr. Hause:
The subject application for a permit to construct a well has been denied. Enclosed are
copies of the Findings of the State Engineer and your denied application.
If you are, or will be, seeking approval of a plan for augmentation regarding this well, at such
time as the Division 1 Water Court approves a plan for augmentation applicable to the proposed
well and approves the expanded use of the well, you should submit a letter to this office
requesting reconsideration of this well denial. The letter should be accompanied by a copy of the
court decree signed by the water judge.
In making telephone inquiries regarding this denial, please contact Scott Cuthbertson of
this office and refer to the file number shown above.
Sincerely,
Kevin G. Rein
Water Resource Engineer
KGR/scc
Enclosures
cc: Division 1
Perm its/Denials/475226
L. EXHIBIT
FINDINGS OF THE STATE ENGINEER
IN THE MATTER OF AN APPLICATION FOR A PERMIT TO EXPAND THE USE OF AN
EXISTING WELL IN WATER DIVISION NO. 1, WELD COUNTY, COLORADO
APPLICANT: LAURANCE HAUSE
PERMIT NO.: AD- 0/46A
In compliance with C.R.S. 37-90-137(1), Laurance Hause, (hereinafter "applicant")
submitted an application for a permit to expand the use of an existing well. Based on information
provided by the applicant and records of the Division of Water Resources, the State Engineer
finds as follows:
1. The application was received complete by the State Engineer on April 20, 2001.
2. The existing well is located in the NW 1/4 of the SW1/4, Section 20, Township 1 North,
Range 66, 6th Principal Meridian.
3. The well location is outside the boundaries of a designated ground water basin.
4. The proposed maximum pumping rate of the well is 20 gallons per minute.
5. The proposed average annual amount of ground water to be appropriated is 7 acre-feet.
6. The applicant proposes to apply the water diverted from the well to the following beneficial
use: industrial, commercial.
7. At the existing depth of 30 feet, ground water diverted by the well would be hydraulically
connected to the South Platte River. Diversion of ground water by the well will influence the
rate or direction of movement of water in that natural stream and its alluvium.
8. The South Platte River System is over-appropriated. At some or all times of the year, the
water supplies of said stream system are insufficient to satisfy all the decreed water rights
senior to an appropriation by the applicant.
9. The proposed diversion from the subject well would cause depletion to the South Platte River
System at times when that system is over-appropriated.
10. Records show that there are senior vested water rights withdrawing ground water from the
alluvium of the South Platte River. The applicant's proposed use would decrease the
amount of ground water in the alluvium of said stream.
11. No plan for augmentation to remedy the injury to vested water rights has been approved by
the Division 1 Water Court.
Applicant: LAURANCE HAUSE
Permit No.: AD- 0/ 996.2
Based on the above, the State Engineer is able to find that the vested water rights of other
appropriators will be materially injured if the application is approved. The application is therefore
denied. L
Dated this / 7 day of May, 2001.
c/a ,
Hal D. Simpson
State Engineer
By: / /�/�L , /C /[ii!'L
Kevin G. Rein
Water Resource Engineer
Prepared by: SCC
COLORADO DNISION OF WATER RESOURCES Office Use Only
_ Farm GWS-45(1/2001)
DEPARTMENT OF NATURAL RESOURCES /
1313 SHERMAN ST.,RM 818,DENVER,CO 80203 A Li- 0/4-51.42.-Z - - _ -.
phone_info:(303)866-3587 main:(303)866-3581
fax:(303)866-3589 http://www.water.state.co.us
GENERAL PURPOSE APR 2 a 2001
Water Well Permit Application
WA l to ht]Uutn.tb
Review Instructions on reverse side prior to completing form. STATE ENGINEER
The form must be completed In black Ink. COLO
1.Applicant Information 6. Use Of Well (check applicable boxes)
Mensal applicant Attach a detailed description of uses applied for.
LamY s— .syse _____ %industrial 0 Other(describe):
Tailing
2 00 3 130.1�4%y� D1r 0 Municipal y .
,
S
zip roes _..- ❑Irrigation
ommemial
o�..ka co o�
Telephone It 7.Well Data(proposed)
( 303) 44 a• OO7.3 Maximum pumping rate --.... Annual amount to be withdrawn
2. �7 Type- Of Application(check applicable boxes)
21
O. O gpm /• 0 acre-feet
❑ Construct new well 0 Use existing well Total depth Aquifer /yt'�p,¢
❑Replace existing well $Qhange or increase use get 0 feet /1r910 • h0C
❑Change source(aquifer) 0 Reapplication(expired permit) 8. Land On Which Ground Water Will Be Used
❑Other -- - — -------- _.._._------.__.-----. —_. -...
A. Legal Description(may be provided as an attachment):
3. Refer To(if applicable)
Well perm% Water court cane%
755O2
Designated Basin Determination* Wet name me or%
4. Location Of Proposed Well (If used for sop irrigation,attach a scaled map that shows irrigated area.)
NW sl.�/ B. x Acres C. Owner
Weld -_ Nofthe , ZS Laurance h�iusE
Sroban Township N or S Range E or W Pnrlupal Meridian D. LM an wells or water tights fused an this Lent
3ao -_ I ❑
_ _-(0(0 O( -- ,2oi3srir
r GS-shares Frtlfos4 D1-z --
Distance at well from section lines(section lines are typically not property lines) 786O/
RNom❑N$'S F from❑E154ty
For�ye'M too -chi« and directionfrom ol'�t�well 9. Proposed Well Driller Licensese*optional):
10. Signature Of Applicant(s)Or Authorized Agent
feet direction The making of false statements herein constitutes perjury in the second
Well location address(if awale) degree,which is punishable as a dass 1 misdemeanor pursuant to C.R.S.
24-4-104(13)(a). I have read the statements herein,know the contents
-- --- ----- -- thereof and state that they are true to my knowledge.
Optional: GPS well location information in UTM format Sign here(Must pigtail aipnaWrel Date
Required settings for GPS units are as follows:
Format Dust be UTM 9-(6-0)
� C -II> —
Zone must beta Northing _ Prim me IS title
Units must be Meters
Datum must be NAM-,(cONUS) Easting a H rat Y.c.."G 6 Neu S.G
Ulm must be set to true north Office Use Only
were pants averaged?OYES 0 NO USGS map name OWR map no Sudcca a Rey5. Parcel On Which Well Will Be Located 2 5 N 4145
Receipt area only
A.Legal Description(may be provided as an attachment): (4 502 1 J tkb01/4.C.Jtntn6C1/4a.w" 303114 g2.rlrl
SEC a--Ncc cA.aA) µot
Invoice # 475226
4/20/01 -- 1:82:23 PM
Cashier ID: 81
3 60.08
WE
B.sr of acres in parcel C.Owner
So _ \.\ØA.
S _ WR Check Purchase- 06633
D.Will this be the only well on this parcen❑ YES$No(Y nor-let other wells) CWCB
_ 20138 R.R 1 85b TOPO
E. awe Parcel tO%(optorrll: MYIAR I S&5
DIV t WD�! BA__ MD _
06/21/2001 16:49 3038570351 CITY OF FORT LUPTON PAGE 01
Facsimile over Sheet #'EE
City of Fo Lupton �1 : 5
130 S. McKinley P . Box 148 im , at
Fort Lupton CO 21. -P.•
Ph. 303-857-6694 Fax- 303-857-0351 * ' '
To: Lk COI 01E O
Fax No. 970- 2-4 Tel. No.
From: Pte`'1 kay ( ( y t'n(G n'Neer
Total Pages (including ear sheet) 3
Re: Un
Hard copy will / w not follow. No reply needed FYI
Dear C6", ev.5
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fiAt Po-H- v...-s4
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EXHIBIT
06/21/2001 16:49 3038570351 CITY OF FORT LUPTON PAGE 02
Facsimi over Sheet :ROT::':
City of Po Lupton A
130 S. McKinley . Box 148
Fort Lupton CO 21
Ph. 303-857-6694 Fax-303-857-0351
To: the WiC If _ �Lot c:aj:ojgo
Fax No. 910'30)9! (+o`t t 8 _ Tel. No.
From: )o,.wk . I
Total Pages (includin over sheet) 3
Re: V-..-e-4-eAsseinAI' f o~Y.se. g-- 13 `1
Hard copy will / not follow. No reply needed FYI
T-1 of -H&c re-1 rrv{ spox,5e le{fie..- ,o
S I d Co w..4.� 5�v d �'�G +t, dl 4.6 v-c-roe-re r-Cr
Ca £ . c (s o. �o Uv,, - o 'F Ow VD c e -,,,,,p, I-1 I k 1
446s 6 s c4-4-4 Ir . LAJ t&1 u (ace, -(v cod- ck 5 DA',Lc GI. o-
0.s Posse b( i+nc (&d r'K..1 4 c try e f t c-fa- c{ ( o✓#
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06/21/2001 16:49 3038570351 CITY OF FORT LUPTON PAGE 03
DF FORT i�a (Cttp of fort - upton
THE"PROUD BE"Clri' LA CIUDAD"OR6UL60SA DE SER" "FiO�ORh NO"
18 364
130 S.McKinley Avenue ty of We punl
P.O.Box 148 C pun 857-66d
COLORADO F� ,q3)857-0351
Fort Lupton,Colorado 80621 I i r.
performance,Integrity,Teamwork
Accountability and Service
March 28,2001
Mr. Chris Gathman
Weld County PI • Services
1555 N. 17th Aven
Greeley,CO 80631
Re: USR-1324,As It Specialties Company, Inc.
Dear Mr. Gathman:
The Fort Lupton PI ing Commission has reviewed the above referenced case apd
would like to share it concerns on the proposed development with the Weld County
Planning Comrnissi and County Commissioners.
Mr.Andy Schotz of and Gesso presented the Planning Commission with t3e
proposal for an asph and concrete processing facility located on WCR 27 1 '/zles
south of Fort Lupto The Planning Commission's main concerns were with tllp tgffrc
impacts on WCR 27 d noise,dust and odor abatement.
The traffic concerns alt mainly with the addition of heavy truck traffic on a Sm-4J -
lane road with a 45 h speed limit. The Planning Commission would like to p;I(test
that improvements made to WCR 27 including the creation of a left turn lane ';J?,t the
site and accel and I lanes coming into and mit of the property. There were 4a.SP
concerns with the in ased traffic that would be entering Fort Lupton on WCR :7
(Denver Avenue). intersection at Denver Avenue and Highway 52 is not lqr; e
enough to accomm to some of the larger trucks Asphalt Specialties utilizes. 7j ►e
Planning Commissi would like to request that the applicant utilize alternate rM3tes
south and east of th ity when attempting to go eastbound on Highway 52. Tn k traffic
proceeding westbo on Highway 52 or north on US 85 should utilize the intetection at
WCR 8 and US 85 i tead of proceeding through Fort Lupton. Obviously local delivery
traffic would have t ome through town but the applicant needs to be aware of title
limitations at the in ection of Denver Avenue and Highway 52. The Planning
Commission is also e of the dangerous situations that exist at WCR 6 and 8 when
trying to enter US 8 The Planning Commission is assuming that a referral was sent to
CDOT because of obvious impacts this use will have on US 85. The Planning
Commission strop urges Weld County to work with CDOT to ensure that sat*
considerations at th two intersections are addressed and improvements made
accordingly.
06/21/2001 16:49 3038570351 CITY OF FORT LUPTON PAGE 04
it
The Planning Co ion also recommends that all noise and dust abatement;insures
be utilized to limit impacts of the operation on the south side of Fort Lupton. The
most common noise d dust abatement measure is adequate landscaping. Becnt!. e WCR
27 is also a major e ' ay into Fort Lupton,the Planning Commission is conc :pd
with the appearance continued industrial development in this area. The Plarunf p
Commission would e to see berming and landscape buffering that would limit ?jsual
impacts of the site n driving on WCR 27. Landscaping should include plant yd tree
material that provid screening throughout the year and not just in the spring an '
summer months. A uate berming and landscaping will help to maintain the
agricultural nature o e area and protect the residences on the south side of the City
from urmecessary n , dust or light pollution.
Thank you for the o ortunity to comment on this case. The Fort Lupton Planning
Department would 1` to be notified of the pending Planning Commission and County
Commissioner publi, earings. Please do not hesitate to contact our office if your need
any additional info ' tion or clarification on any of the concerns listed above.
Sincerely,
Paul Rayl
City Planner
Cc: Fort Lupton P1 ing Commission
Fort Lupton Cit Council
Weld County missioners
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